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BCC Minutes 12/10-11/2013 R BCC REGULAR MEETING MINUTES December 10- 11 , 2013 December 10-11, 2013 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, December 10, 2013 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRWOMAN: Georgia Hiller Tom Henning Tim Nance Donna Fiala Fred Coyle ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Finance Director Tim Durham, Business Operations Manager Troy Miller, Communications & Customer Relations 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 December 10, 2013 9:00 AM Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2 Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3 Donna Fiala - BCC Commissioner, District 1; CRAB Vice- Chairman Fred W. Coyle - BCC Commissioner, District 4 Tim Nance - BCC Commissioner, District 5; CRAB Chairman NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 December 10, 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 FACILITIES MANAGEMENT DEPARTMENT. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Bannon - Crossroads Community Church of Naples 2. AGENDA AND MINUTES A. Approval of today's consent agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. Approval of today's summary agenda as amended (Ex Parte Disclosure provided by Commission members for summary agenda.) C. Approval of today's regular agenda as amended. D. October 22, 2013 - BCC/Regular Meeting Page 2 December 10, 2013 E. November 5, 2013 - BCC Workshop F. November 12, 2013 - BCC/Regular Meeting 3. SERVICE AWARDS - EMPLOYEE A. 25 Year Attendees 1) Louise Bergeron, Library 4. PROCLAMATIONS A. Proclamation designating December 10, 2013 as Douglas Molloy Day in Collier County in recognition of Mr. Molloy's staunch commitment to making our community safe and just during his 33 years as a top criminal prosecutor. To be accepted by Douglas Molloy. Sponsored by Commissioner Hiller. B. Proclamation designating January 5-11, 2014 as Collier County Republican Women's Week. To be accepted by Rep. Kathleen Passidomo, Honorary Chair; Jan Face Glassman, Event Chair; Priscilla Grannis, President of Women's Republican Club of Naples Federated; Cynthia Miles and Michelle Morgenstern, Women's Republican Club of Naples Federated; Dorene McShea, President, Southwest Florida Federated Republican Women; Litha Berger, President of Caxambas Republican Club; Judy Taber, Collier Republican Club; Judith Friedland, Republican Jewish Committee of Southwest Florida; Phyllis Dallmann, Barbara Stang, Cindy Lyster, Kathi Gray and Ann Brown, Collier County Republican Executive Committee; Erika Donalds, Collier County Young Republicans; Mary Knaiz and Natalie Staudacher, Collier County Teen-Age Republicans; and Christine Sutherland, Collier Republican State Committeewoman. Sponsored by Commissioner Hiller. C. Proclamation recognizing the 70th Anniversary of the Naples Municipal Airport and its contributions to the region. To be accepted by Executive Director Ted Soliday, Deputy Executive Director Sheila Dugan and Board Chair John Allen. Sponsored by Commissioner Fiala. D. Proclamation designating January 5-11, 2014 as Corkscrew Regional Ecosystem Watershed (CREW) Trust Week in Collier County. To be Page 3 December 10, 2013 accepted by Doug Machesney, CREW Trustee. Sponsored by Commissioner Fiala. E. Proclamation recognizing the Collier County Alumnae Chapter of Delta Sigma Theta Sorority, Inc., chartered in Collier County on October 26, 2013. To be accepted by Chris Rahmings, Pamela Wilkins, Della Bradley, Diane Haynes, Thelma Johnson, Rhonda Cummings, Jennifer Williams, Cynthia Battle, Jenise Morgan, Cynthia Powers, Tonge Lawson, Darlene Jackson, Debra Johnson, Wilmede Joseph, Rosetta Kirk, Mildred Pitts, Doris Cotton, Crystal Moody, Carolyn Perry, Shirley Williams, Sandra Fulton, Rozalyne Wright, Michelle Brice, Michelle Williams and Alana Smith. Sponsored by the Board of County Commissioners. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for December 2013 to Shula's Steakhouse. To be accepted by Clark Hill, Jeff Jerome and Tom Donahue. B. Recommendation to recognize Corey Ford, Senior Technical Support Professional, Public Utilities, as the Employee of the Month for November 2013. C. Presentation by Mr. Richard Broome, Senior Vice President, Corporate Affairs and Communications at Hertz Global Holdings, Inc. 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 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 A. This item continued from the November 12, 2013 BCC meeting. Page 4 December 10, 2013 Recommendation to review and approve the 2013 combined Annual Update and Inventory Report (AUIR) on Public Facilities and Capital Improvements Element (CIE) amendment as provided for in Chapter 6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes. B. Recommendation that the Board of County Commissioners (1) adopts the attached Resolution which would authorize the use of the uniform method of collecting non-ad valorem special assessments within the La Peninsula Community to fund the costs of providing seawall improvements and other waterway improvements for the La Peninsula community, and (2) to adopt an Ordinance to establish the La Peninsula Seawall Municipal Service Benefit Unit. C. This item has been continued to the January 14, 2013 BCC meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt a Resolution to disclaim, renounce and vacate the County and the Public interest in a portion of Mamie Street south of Chokoloskee Drive, being a part of Section 36, Township 53 South, Range 29 East, Chokoloskee, Collier County, Florida. 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation that the Collier County Board of Commissioners pledge its support to the regional economic development initiative known as the Southwest Florida Economic Development Alliance ("SWFEDA") as a Cornerstone member in the amount of$10,000 per year for the next three years. The intent of the alliance is to join the separate organizations in Southwest Florida that work on economic development efforts at the county and city levels in order to promote the region. The regional organization will develop the region's brand that will serve to attract companies and their site selectors, since they look at regions, not city and county boundaries. Additional benefits of membership will include the county's logo on the regional website, along with other information about Collier County, the right to use the SWFEDA logo, the county's logo on SWFEDA print material, participation in the roundtables, and recognition at regional economic development events. The county will be officially recognized as a promoter and supporter of regionalism, all in the interest of economic Page 5 December 10, 2013 growth and prosperity. (Commissioner Hiller) B. Recommendation that the Board of County Commissioners approve sharing in the cost of engaging a professional consulting firm with the Partnership for Collier's Future Economy (a subsidiary of Collier's Chamber of Commerce), to draft a "Community and Economic Development Strategic Plan" for the benefit of Collier County. The total estimated cost of the project is $222,000. The County's not to exceed share of the project cost is $111,000 which includes one half of the consulting services contract costs ($71,000) and one half of the Partnership's allocated internal project management and overhead expenses ($40,000). The Plan shall outline the necessary steps needed to brand, market, promote and sell the County as an economic development destination for relocating businesses and for entrepreneurial growth, all in the interest of promoting an environment that allows for job creation. In addition, authorize the Board to waive the competitive solicitation requirements pursuant to Section V(A) of the Purchasing Policy. (Commissioner Hiller) C. Recommendation that the Collier County Board of Commissioners accept the Collier County Accelerator Feasibility White Paper and provide Staff direction based on the report recommendations. The County is committed to fostering economic growth through the development of an entrepreneurial accelerator which will house emerging businesses that are deemed to have the greatest potential for successful growth. The project will be designed to mirror the Community Innovation Collaboration and Masschallenge programs in Cambridge, MA. This project will the first of its kind in the Southwest Florida region and will include community partners such as Florida Gulf Coast University, the Chamber of Commerce, venture capitalists and local business leaders. At the state level, support for the project will be garnered from Enterprise Florida, the Office of Economic Development, the legislature and the governor. The hope is that this project will become a model for additional accelerators throughout the state, serving to advance the objective of job creation. (Commissioner Hiller) D. Recommendation that the Board of County Commissioners approve an agreement between Collier County and RETIS designating Collier County exclusive rights to host the RETIS FACE 6 Executive Training Program in the spring of 2014, approve providing funding in the amount of up to $10,000 for financial support in facilitating the event, and approve that the County's Office of Economic Development will house and provide support Page 6 December 10, 2013 staff to the French government's non-profit staff during the program period. The local business community has matched the County's commitments by offering incubator and accelerator space to aid the French companies as they look to establish themselves here. This is a public-private initiative not only involving local government and local businesses, but additionally involving Florida Gulf Coast University and Enterprise Florida. The view to the long term is that RETIS will establish a formal presence in Collier County, treating Collier as its base of operation as it brings French businesses to the region. (Commissioner Hiller) E. Recommendation that the Collier County Board of Commissioners direct staff to work with the Southwest Florida Soccer Foundation ("SWFSF") as it seeks to develop a state of the art soccer facility in Collier County. Collier County, as a community is committed to healthy living and sports excellence. In its quest to achieve both objectives, Collier County government recognizes the importance of growing sports facilities including but not limited to sports parks. The positive consequence of investing in sports facilities is not limited to the promotion of health and physical fitness, but also is a major economic development driver for the County as promoted through the County's sports marketing department. SWFSF intends to make a major investment in Collier County in the form of a soccer complex that will include outdoor fields, an indoor stadium and an outdoor stadium. The intent is that Collier County Government will joint venture with SWFSF in this project, since the County's parks budget is limited. By joint venturing with the private sector, the County will have the opportunity to be a part of a complex it would otherwise not be able to build on its own. The County's participation would be limited to providing a rent abated County site for the facility and to support SWFSF efforts to obtain an industrial revenue bond. All other costs of construction and operations will be borne by SWFSF. Since this project is considered an economic development project as well as a parks project, it is unique in its nature. The hope is that this will be the first of such sports driven public-private partnerships which in the future could possibly include velo, baseball/softball, swimming, basketball, lacrosse etc. (Commissioner Hiller) F. Recommendation that the Board of County Commissioners adopts the attached Resolution which would set forth a rotation of the Chair of the Board of County Commissioners and various other Boards. (Commissioner Hiller) Page 7 December 10, 2013 G. Chairwoman's annual report highlighting significant Board accomplishments in Calendar Year 2013. (Commissioner Hiller) H. Appointment of one alternate member to the Collier County Code Enforcement Board. 11. COUNTY MANAGER'S REPORT A. This item continued from the November 12, 2013 BCC Meeting. Recommendation to approve the selection and contract with AVIAREPS for tourism representation services in Brazil, authorize the Chair to sign a County Attorney approved contract, and make a finding that this expenditure promotes tourism. (Jack Wert, Tourism Director) B. Recommendation to award Invitation to Bid (ITB) #13-6185 to Gates Construction, Inc., in the amount of$2,248,975.72 for the construction of the "Eagle Lakes Community Center"; authorize the necessary Budget Amendment in the amount of$825,000 and authorize the Chairwoman to execute the attached contract. (Barry Williams, Parks and Recreation Director) C. Recommendation to award Contract No. 13-6138 - Lely Area Stormwater Improvement Project (LASIP), Davis Boulevard Weir and Canal Improvements to D. N. Higgins, Inc., in the amount of$1,764,929 plus a 10% contingency of$176,492.90 on the Purchase Order for a total of $1,941,421.90, Project No. 51101. (Jay Ahmad, Transportation Engineering Director) D. Recommendation to award Invitation to Bid #13-6161, ASR Well 2, in the amount of$2,630,640 to Douglas N. Higgins, Inc., and, authorize a budget amendment in the amount of$2,030,640 for the Livingston Road Irrigation Quality Water Aquifer Storage and Recovery Well below the USDW - Phase 2, Project #74030. (Tom Chmelik, Planning and Project Management Director) E. Recommendation to adopt a resolution authorizing the condemnation of those perpetual and temporary easement interests necessary for the construction of a replacement bridge on 28th Avenue Southeast over the Miller Canal. Estimated fiscal impact: $32,200. (Project No. 60123) (Jay Page 8 December 10, 2013 Ahmad, Transportation Engineering Director.) F. Recommendation to adopt a resolution amending Resolution No. 2008-353, as amended and supplemented by Resolution No. 2011-190, in order to further supplement the authorization of the condemnation of land and easements necessary for the construction of roadway, drainage and utility improvements required for the expansion of Collier Boulevard from four lanes to six lanes from Green Boulevard to Golden Gate Boulevard, including portions east on White Boulevard and west on Pine Ridge Road (Project No. 68056). Estimated fiscal impact: $395,000. (Marlene Messam, Senior Project Manager) G. This item to be heard at 3:00 p.m. Recommendation for the Board of County Commissioners to consider the All Terrain Vehicle (ATV) Park Ad Hoc Committee's recommendations with regard to settlement funds. (Nick Casalanguida, Growth Management Administrator) H. Recommendation to confirm the appointment of Mr. Stephen Y. Carnell to the position of Public Services Division Administrator. (Leo Ochs, County Manager) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 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 Page 9 December 10, 2013 be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Regal Acres (Application Number AR-13297) with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. 2) 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 Esplanade at Hacienda Lakes Phase One, (Application Number PL20130002273) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3) 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 Lipari-Ponziane, Tract FD-2 Replat (PL20130001949). This plat is a re-subdivision of lands within Traviso Bay/Wentworth Estates PUD. 4) Recommendation to authorize the Clerk of Courts to release a Letter of Credit in the amount of$350,896 which was posted as a development guaranty for work associated with Treviso Bay Excavation Permit No.'s 59.917 and 59.917-1, AR-6463 and AR- 13732. 5) Recommendation to authorize the Clerk of Courts to release Performance Bond No. 929541565 issued by the Continental Insurance Company on behalf of Lennar Homes, LLC in the amount of$30,641.75 which was posted as a development guaranty for work associated with Aqua Di Treviso at Treviso Bay, Excavation Permit No. 60.069, Application PL20110001276. Page 10 December 10, 2013 6) 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 Creekside Commerce Park East, (Application Number AR-8411) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7) 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 Tuscany Pointe, (Application Number PPL-PL20130001473) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 8) Recommendation to approve the partial release of a lien in the accrued amount of$79,430.86 for payment of$530.86, in the Code Enforcement Action entitled Board of County Commissioners vs. Elias Nicot, relating to property known as Parcel No. 38552520000, on 37th Avenue NW (no physical address), Collier County, Florida. 9) Recommendation to approve a release of lien in the accrued amount of$102,000 for payment of$2,800 in the Code Enforcement action entitled Board of County Commissioners vs. Ronald Talerico, Code Enforcement Special Magistrate Case Number CEROW20110014889, relating to property located at 262 Kirtland Drive, Collier County, Florida. 10) Recommendation to approve the release of lien in the accrued amount of$5,827.96 for payment of$1,527.96 in the Code Enforcement action entitled Board of County Commissioners vs. Crystal Pepper, Code Enforcement Special Magistrate Case Number CEPM20090011813, relating to property located at 3850 Recreational Lane, Collier County, Florida. 11) Recommendation to approve a release of lien in the amount of $21,912.38 for payment of$562.38, in the Code Enforcement Action entitled Board of County Commissioners vs. Teresa Lee Haney, Special Magistrate Case No. CEAU20120004466, relating to property Page 11 December 10, 2013 located at 857 105th Avenue N., Collier County, Florida. 12) Recommendation to approve a release of lien in the accrued amount of$16,174.79 for payment of$1,874.79 in the Code Enforcement action entitled Board of County Commissioners vs. Chad C. Dixon, Code Enforcement Special Magistrate Case Number CEPM20120016145, relating to property located at 2313 Kings Lake Boulevard, Collier County, Florida. 13) Recommendation to terminate Contracts under #12-5857R for "Nuisance Abatement Services" previously awarded to FA Remodeling and Repairs, Inc. (Primary) and Oliva Enterprises, Inc. (Secondary) and to award all services to Neal's Lawn and Landscaping Maintenance, Inc. ; and to authorize the Chairwoman to execute the attached amendment. 14) Recommendation to approve the 2014 schedule for submittals to amend the Collier County Growth Management Plan (GMP). 15) Recommendation to approve an Agreement providing ExxonMobil Oil Corporation access to perform environmental investigations and remediation activities. Fiscal Impact: $44 (Project: #60116) 16) Recommendation to approve an easement agreement for the purchase of a drainage, access and maintenance easement required for the construction of storm water improvements known as the "Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect" segment of the Lely Area Stormwater Improvement Project. (Project No. 51101). Estimated Fiscal Impact: $1,027. 17) Recommendation to authorize a budget amendment to recognize carry forward for projects within the Transportation Supported Gas Tax Fund (313) in the amount of$8,500. 18) Recommendation to approve final acceptance of the water and sewer utility facilities for Verona Pointe, #AR-10279, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the amount of$4,000 to the Project Engineer or the Developer's designated agent. Page 12 December 10, 2013 19) Recommendation to approve final acceptance of the water utility facility for Margood Harbor Park, PL20110002508. 20) Recommendation to approve payment of previously submitted inaccurate invoices from FY12 to Better Roads, Inc., in the amount of $37,929.53, for its application of sidewalk overlay on Pelican Bay Blvd. under the County's Annual Resurfacing Contract #09-5328. 21) Recommendation to approve an Easement Agreement required for the "Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect" segment of the Lely Area Stormwater Improvement Project (Project #51101). Estimated Fiscal Impact: $6,900. 22) Recommendation to approve a Purchase Order to Quality Enterprises USA, Inc., for median safety modifications on Collier Boulevard at the entrance to the Forest Glen Golf and Country Club in the amount of$127,272.85 using the Annual Roadway Contractors Agreement (Contract #12-5864). 23) Recommendation to invoke the exemption in the County's Purchasing Policy (Section VII, Paragraph H) to waive competitive bidding and increase an existing purchase order in the amount of$15,000 to cover real estate appraisal research fees and expert witness testimony costs anticipated in support of eminent domain litigation for the US-41 /Collier Boulevard Intersection Improvement project (Project No. 60116). Fiscal Impact $15,000. 24) Recommendation to invoke the exemption in the County's Purchasing Policy (Section VII, Paragraph H) to waive competition required by the Consultants' Competitive Negotiation Act "CCNA" and increase an existing purchase order in the amount of$20,000 to cover engineering fees and expert witness testimony costs anticipated in support of eminent domain litigation for the US-41 /Collier Boulevard Intersection Improvement project (Project No. 60116). Fiscal Impact $20,000. 25) Recommendation for the Board to consider a Memorandum of Understanding (MOU) with the Community Foundation of Collier County (CFCC) to clarify CFCC and County roles regarding acceptance of donations from the CFCC for the construction of Page 13 December 10, 2013 artificial reefs. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC), as the Collier County Community Redevelopment Agency (CRA), authorize a budget amendment for a Disaster Recovery Initiative (DRI) subgrant in the amount of$517,300 to fund drainage system improvements and new sidewalks along Colorado Avenue within the Immokalee Community Redevelopment Area. 2) Recommendation for the Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA), to approve the Amended Immokalee CRA's attached proposed Exit Strategy for the Immokalee Business Development Center (IBDC) and authorize the County Attorney to prepare the necessary documents for future CRA Board consideration. 3) Recommendation that the Collier County Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA), approve a grant budget amendment in the amount of$150,000, and formally accept an amendment to Community Development Block Grant (CDBG) Subrecipient Agreement #B-10-UC-12-0016 between the Collier County BCC and the Collier County Community Redevelopment Agency (CRA) (Immokalee) and approve the underlying substantial amendment. 4) Recommendation that the Board of County Commissioners, in its capacity as the Community Redevelopment Agency (CRA), approves a Resolution modifying the CRA Bylaws as it relates to the timing of its annual meeting. 5) Recommendation that the Board of County Commissioners, as the Collier County Community Redevelopment Agency (CRA), approve the attached Change Order 2 to Contract No. 12-5896 between the CRA and David Corban Architects, PLLC for Design Services associated with the First Street Zocalo project in Immokalee. This change is limited to project completion date and has no fiscal impact. 6) Recommendation to award Invitation to Bid (ITB) #13-6067 — Page 14 December 10, 2013 Immokalee First Street Public Plaza (a/Ik/a "Zocalo" or "Placita") to Surety Construction, Inc., in the amount of$576,256 (Collier County Project Number 33192), approve all necessary budget amendments and authorize the Chairwoman to sign the attached contract. C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve a Resolution and Satisfactions of Liens for the 1993, 1994, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessments where Collier County has received payment for full satisfaction of the liens. Fiscal impact is $68.50 to record the Satisfactions of Liens. 2) Recommendation to award Invitation to Bid number 13-6179, Project Number 70104 "NCRWTP Sulfuric Acid Injection Improvements for Blowdown Water Disposal," to Mitchell & Stark Construction Company, Inc., in the amount of$673,000. 3) Recommendation to authorize the Utilization of the Competitively Solicited Lee County Award B-130513 - Electric Motor Repair & Replacement services with John Mader Enterprises, Inc., dba Mader Electric Motors for the purchase of pumps and motors in Public Utilities and all other County Divisions. 4) Recommendation to approve removing uncollectible accounts receivable and their respective balances from the financial records of Collier County Public Utilities Division in the amount of$26,117.56. 5) Recommendation to approve a work order under Request For Quotation #08-5011-107, in the amount of$377,369, to Douglas N. Higgins, Inc., for the South County Regional Water Treatment Plant Odor Control Blowdown Disposal, Project No. 70104. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve five (5) satisfactions of mortgage in the amount of$52,652.50 of owner occupied dwelling units that have satisfied the terms of their affordability period or for death of the owner. Page 15 December 10, 2013 2) Recommendation to approve one (1) mortgage satisfaction for the State Housing Initiatives Partnership (SHIP) loan in the amount of $3,920. 3) Recommendation to approve two Memorandums of Agreement with the Florida Fish and Wildlife Conservation Commission (FWC) in order to allow FWC to conduct Youth Hunts for Collier County residents at Pepper Ranch Preserve in January 2014 and February 2014. 4) Recommendation to approve the Comprehensive Operational Analysis (COA) for Collier Area Transit. 5) Recommendation to award Invitation to Bid (ITB) #13-6186 to Compass Construction, Inc., in the amount of$931,926 for the construction of the "Vanderbilt Beach Restroom Facilities", authorize the Chair to execute the attached contract, approve the necessary budget amendment, and make a finding that this project expenditure promotes tourism. 6) Recommendation to accept a State Housing Initiatives Partnership Program (SHIP) mortgage and promissory note in the amount of $41,937.21 with a loan term of fifteen (15) years to begin effective 10/5/2009. This is a one-time exception to the 2007-2010 Local Housing Assistance Plan (LHAP) to allow for an alternate payment term. 7) Recommendation to approve an after-the-fact Amendment #4 to the Older Americans Act Title III B contract transferring funds from Transportation to Case Management and In-Home Services and to approve the necessary budget amendment. (Net Fiscal Impact $-31,200) 8) Recommendation to approve two State Housing Initiative Program (SHIP) Satisfactions of Mortgage in the amounts of$77,000 and $5,500. 9) Recommendation to approve an amendment to Standard Contract between Collier County and the Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Choices of Southwest Florida to extend the Page 16 December 10, 2013 grant period through February 28, 2014 and Attestation Statement as well as authorize the necessary budget amendments to reflect estimated funding for the Calendar Year 2014 Older Americans Act Programs (Net Fiscal Impact $778,737) 10) Recommendation to approve four Disaster Recovery Grant Signature Authority Forms for submittal to the Florida Department of Economic Opportunity in order to reflect the signatures of current staff members. 11) Recommendation to approve the Collier County Consolidated Annual Performance and Evaluation Report (CAPER) for U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG), HOME Investment Partnership (HOME and Emergency Solutions Grant (ESG) for Fiscal Year 2012- 2013 as required; approve the CAPER Resolution; and authorize the Chair to certify the CAPER for submission to HUD. 12) Recommendation to acknowledge termination letters from Disaster Recovery Initiative and Disaster Recovery Enhancement Grant subrecipients Collier County Housing Authority (CCHA) and Immokalee Housing and Family Services (THFS) for projects in the amounts of$1,359,966.72 (2 projects) and $90,000, respectively. Reprogramming of grant funds will be presented to the Board at a future meeting. 13) Recommendation to authorize a budget amendment recognizing $33,900 in program income revenue generated by affordable rental properties acquired under the Neighborhood Stabilization Program (NSP1). 14) Recommendation to authorize a budget amendment recognizing $245,250.26 in program income revenue generated when conveying properties acquired under the Neighborhood Stabilization Program (NSP1). 15) Recommendation to approve substantial amendments to Annual Action Plans for three funding years amending project scopes and funding for various projects utilizing U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Partnership Investment (HOME) funds and Page 17 December 10, 2013 approve four subrecipient agreements funded with HUD CDBG funds 16) Recommendation to approve and authorize the Chair to sign the FY 2013-2014 State Aid to Libraries Grant Agreement. Fiscal Impact ($219,000). 17) Recommendation to authorize the County Manager or his designee to enter into a Facility Rental Agreement with the Naples Model Yacht Club, Inc. for the use of the North Collier Regional Park (NCRP) pond during designated dates and times. 18) Recommendation to approve a Developer Commitment Agreement with, and convey an easement to, Fifth Third Bank on County property, (Project No. 80065.1) and authorized a $20,250 budget amendment. 19) Recommendation to award Invitation to Bid (ITB) #13-6157 Senior Food Program to The ILS Group, LLC dba Classic Caterers and authorize the Chairwoman to execute a County Attorney approved contract. 20) Recommendation to provide after-the-fact approval for the submittal of a Holiday Wishes grant application to the Petco Foundation for an animal welfare grant in an amount of up to $100,000. 21) Recommendation to approve the recognition of carryforward in the amount of$156,201.04 in Housing Grant Fund 121 and approve the necessary budget amendments. 22) Recommendation to approve amendment No. 1 to the Community Development Block Grant (CDBG) Agreement between Collier County and the Community Redevelopment Agency (CRA) - Immokalee in order to update budget line items and extend the project completion date. (Fiscal Impact $0) 23) Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District for the Oakes Neighborhood Park. 24) Recommendation to approve the Collier County University Extension Page 18 December 10, 2013 Department's request for funding from the Collier County 4-H Association in the amount of$82,000; approve a subsequent acceptance of requested funds; authorize the Chair to sign a Memorandum of Understanding with Collier County 4-H Association; and authorize the necessary Budget Amendment. 25) Recommendation to approve an amendment to the Home Care for the Elderly (HCE) agreement between Collier County and the Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Choices of Southwest Florida increasing funding by transferring funds between budget lines for year two (2013-2014). (Net fiscal impact is $6,254) E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to award Bid #13-6111 "Annual Contract for Painting Contractors" and contracts to Cover All, Inc., d/b/a Ron's Jons Porta Potty Rental; Florida Service Painting, Inc., d/b/a Service Painting of Florida; and FA Remodeling and Repairs, Inc. for painting contractor services. 2) Recommendation to approve the purchase of Group Health Reinsurance coverage for calendar year 2014 in the estimated amount of$776,056 to SunLife Insurance Company. 3) Recommendation to approve the Collier County Government Employee Benefit Plan Document, Flexible Benefits Plan Document and Health Reimbursement Arrangement Document effective January 1, 2014. 4) Recommendation for the Board to authorize the necessary Budget Amendment in the amount of$45,842 for unanticipated building repairs related to the EMS #3 Helicopter Operations Hanger. 5) Recommendation to approve a Memorandum of Understanding between Collier County and Edison State College in support of Emergency Management activities related to natural and manmade hazards emergency response. 6) Recommendation to award Bid 413-6057 "On-Call Mechanical Contractor Services" to Johnson Controls, Inc. as primary vendor and Page 19 December 10, 2013 Conditioned Air Corporation of Naples, Inc., as secondary vendor, for Mechanical Engineering and Contractor Services and authorize the Chair to sign the Contracts. 7) Recommendation to recognize carryforward from accrued interest earned by EMS County Grant revenue and appropriate funds for a total amount of$1,161.82. 8) Recommendation to approve the use of Contract #12-5846 Contract Laborers with Balance Staffing within Board approved operating budgets. 9) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. 10) Recommendation to approve and authorize the Chairwoman to execute a Settlement Agreement with the Florida Department of Health to settle an administrative complaint captioned Florida Department of Health v. Collier County EMS (Case No.: 2013-06440) for $1,500. 11) This item continued from the November 12, 2013 BCC Meeting. Recommendation to authorize the County Manager and staff to use the Federal GSA schedules (i.e. Schedule 70 and 1122 Program); the State of Florida Contracts, Agreements and Price Lists; competitively solicited contracts by US Communities, Western States Contracting Alliance, National Intergovernmental Purchasing Alliance (NIPA), National Joint Powers Alliance (NJPA) public purchasing consortiums; and, competitive solicitations from State of Florida cities, counties, and other public municipalities (i.e. Sherriff s Association) for the efficient purchase of goods and services for the delivery of public services and for which funds were approved in operating budgets. F. COUNTY MANAGER OPERATIONS 1) This item continued from the October 22, 2013 BCC Meeting. Recommendation to approve an amendment to the Tourism Travel Expense Resolution 2006-40 related to County Purchasing Card limits consistent with the County Purchasing Policy and make a finding that Page 20 December 10, 2013 this item promotes tourism. 2) Recommendation to approve a refund of an Affordable Housing Contribution to Naples Nissan, totaling $23,788.50, due to the removal of an Affordable Housing Contribution commitment from the Pine View Commercial Planned Unit Development. 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2013-14 Adopted Budget. 4) Recommendation to approve the attached agreements with Haynes Corporation for economic incentives, consistent with the company's approved incentive application, as directed by the Board of County Commissioners at the June 11, 2013 regular meeting. 5) Recommendation to authorize the payment of impact fees, permit fees and associated charges in the amount of$16,041.16 from Fund 107, Impact Fee Administration, for Building Permit No. 2006062448. G. AIRPORT AUTHORITY 1) Recommendation to authorize the Chairwoman to execute the attached Resolution authorizing the suspension of hangar rent, tie- down, and other applicable use agreement fees at the Marco Island Executive Airport during the time period that the Airport is closed for the rehabilitation construction of Runway 17/35. 2) Recommendation that the Board of County Commissioners acting as the governing body of the Collier County Airport Authority approve and authorize the County Manager or his designee to execute the attached standard tie-down agreements for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport. 3) Recommendation that the Board of County Commissioners acting as the governing body of the Collier County Airport Authority approve and authorize the County Manager or his designee to execute the attached standard t-hangar lease agreements for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Page 21 December 10, 2013 Airport. 4) Recommendation that the Board of County Commissioners, acting as the Airport Authority, award Invitation to Bid (ITB) #13-6171 Sod Harvesting at Immokalee Airport for a minimum license fee of Twenty Thousand Dollars ($20,000) per year to Florida Sod, Inc., and authorize the Chairwoman to sign the attached Sod Harvesting License Agreement, pending FAA approval. H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating November 2013 as Pancreatic Cancer Awareness Month in Collier County. Proclamation will be mailed to the Pancreatic Cancer Action Network. Sponsored by the Board of County Commissioners. 2) Proclamation recognizing the 20th Anniversary of Marco Movies Cineplex. To be presented by Commissioner Fiala on December 13, 2013. Sponsored by Commissioner Fiala. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Area Association Installation Banquet on December 3, 2013. The sum of$55 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Chamber of Commerce Christmas Gala on December 8, 2013. The sum of$75 to be paid from Commissioner Fiala's travel budget. 5) Appointment of member to the Vanderbilt Beach Beautification MSTU Advisory Committee. 6) Appointment of member to the Collier County Citizens Corps. 7) Appointment of members to the Development Services Advisory Committee. Page 22 December 10, 2013 8) Appointment of member to the Public Safety Authority. 9) Appointment of member to the Collier County Coastal Advisory Committee. 10) Appointment of member to the Isles of Capri Fire Control District Advisory Committee. 11) Appointment of member to the Immokalee Enterprise Zone Development Agency/Community Redevelopment Agency Advisory Committee. 12) Appointment of member to the Housing Finance Authority. 13) Appointment of member to the Parks and Recreation Advisory Board. 14) Reconsideration request by Commissioner Hiller regarding November 12, 2013 Item 17C, moved to Item 9D, which reads: Recommendation to adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, providing for modifications directed by the Board of County Commissioners related to a change in the timing of payment of impact fees to issuance of a certificate of occupancy, the inclusion of Water and Wastewater Impact Fees as eligible for the "Impact Fee Program for Existing Commercial Redevelopment" and including additional minor updates or corrections related to "Adult Only Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland Water District. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence to file with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain approval for disbursements for the period of November 1, 2013 to November 7, 2013 and for submission into the official records of the Board. Page 23 December 10, 2013 2) To obtain Board approval for disbursements for the period of November 8, 2013 through November 14, 2013 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of November 15, 2013 through November 21, 2013 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of November 22, 2013 through November 28, 2013 and for submission into the official records of the Board. 5) Recommendation to accept the report of interest for the fiscal year ending September 30, 2013 pursuant to Florida Statute 218.78 and Purchasing Policy XII.E; for the year ending September 30, 2013 no interest was requested or paid. 6) Recommendation to approve a budget amendment recognizing Federal HI-IS Vote Program Grant Award 2009 Funds for Voting Accessibility for Individuals with Disabilities in the amount of $8,636.33. 7) Request that the Board of County Commissioners accepts and approves capital asset disposition records for the time period July 1, 2013 through September 30, 2013. 8) To provide the Board of County Commissioners, acting as the Collier County Airport Authority, the Clerk of the Circuit Court's Office Audit Report 2014-1 FAA Grants — Runway Rehabilitation Projects issued on December 4, 2013. K. COUNTY ATTORNEY 1) Recommendation to ratify and approve a stipulated Final Judgment as to McDonald's Corporation's interest in Parcels 113FEE and 113TCE in the lawsuit styled Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 as part of the US- 41/Collier Boulevard Intersection Improvement Project. (Project No. 60116) Fiscal Impact: $5,000. Page 24 December 10, 2013 2) Recommendation to approve a Mediated Settlement Agreement and a Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $2,289,133 for the acquisition of Parcel 115FEE in the lawsuit styled Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 (US 41/SR-CR-951 Intersection Improvement Project #60116). (Fiscal Impact: $339,303) 3) Recommendation to approve an Amendment to Agreement for Legal Services for the Retention Agreement with Ilopping Green & Sams by amending Exhibit "A." 4) Recommendation to approve and authorize the Chair to execute a mediated Settlement Agreement in the lawsuit of Darling Elie v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-1463-CA for the sum of $400,000 and authorize the requested budget amendment for the Risk Management Department pursuant to the settlement terms. 5) Recommendation to invoke the exemption in the County's Purchasing Policy (Section VII, Paragraph II) to waive competitive bidding and increase an existing purchase order in the amount of$125,000 to cover attorney fees anticipated in support of eminent domain litigation for the US-41 / Collier Boulevard Intersection Improvement project (Project No. 60116) and to approve the attached amendment with Smolker Bartlett Schlosser Loeb and Hinds, P.A. to allow for the reimbursement of lodging fees incurred during trial not to exceed a total of$5,000. Fiscal Impact $125,000. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE Page 25 December 10, 2013 HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUI)ICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps for a project previously known as the Bradford Square Mixed Use Planned Unit Development (MPUD) to a new MPUD which will continue to be known as the Bradford Square MPUD, to allow construction of either 100,000 square feet of gross leasable office or retail with up to 10 residential dwelling units or to allow construction of group housing for seniors for up to 130 units with a floor area ratio of 0.50 on property located on the northeast corner of the intersection of Vanderbilt Beach Road and Livingston Road in Section 31, Township 48 South, Range 26 East, Collier County, Florida, consisting of 9.18+/- acres; providing for the repeal of Ordinance Number 07-41, the former Bradford Square MPUD; and by providing an effective date. (PUDZ-A-PL20130000266) 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 an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Cocohatchee River Trust Planned Unit Development (PUD) which is henceforth to be known as the Bay House Campus CPUD, to remove the Special Treatment Overlay and to allow 400 seats of restaurant/cocktail lounge, a 50 room hotel or motel, and 4,500 square feet of gross floor area of accessory retail uses including a culinary school, specialty retail and restaurant/brew house on property located in Section 21, Township 48 South, Range 25 East, Collier County, Florida, consisting of 8.67 +/- acres; Page 26 December 10, 2013 providing for the repeal of Ordinance Number 88-30, the Cocohatchee River Trust PUD; and by providing an effective date. (PUDZ-A-PL20120001593) C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20130002148, to disclaim, renounce and vacate the County and the public interest in the 5-foot utility easement being a part of lot 418, Riviera Golf Estates, Unit 2, as recorded in Plat Book 13, pages 108 through 111, of the public records of Collier County, Florida, also being a part of Section 18, Township 50 South, Range 26 East, Collier County, Florida. D. 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 an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Agricultural (A) zoning district within Wellfield Risk Management Special Treatment Overlay zones W-3 and W-4 (ST/W-3 and ST/W-4) to a Residential Planned Unit Development (RPUD) zoning district within Wellfield Risk Management Special Treatment Overlay zones W-3 and W-4 (ST/W-3 and ST/W-4) for a project to be known as the Landings at Bear's Paw RPUD to allow construction of a maximum of 25 residential dwelling units and up to 38 boat slips on property located on the Golden Gate canal south of Bear's Paw in Section 35, Township 49 South, Range 25 East, Collier County, Florida consisting of 10.75± Acres; and by providing an effective date. (Petition number RZ- PL20120002095) E. Recommendation to adopt an Ordinance Amending Ordinance No. 90-105, as amended, known as the Collier County Contractors' Licensing Board Ordinance, in order to apply recent revisions to Chapter 489, Florida Statutes, with an effective date of January 1, 2014. F. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Page 27 December 10, 2013 Fiscal Year 2013-14 Adopted Budget. G. Recommendation to adopt an ordinance amending Ordinance No. 97-82, as amended, which created the Bayshore Beautification Municipal Service Taxing Unit, so as to allow for additional right-of-way improvements. H. Recommendation to adopt a Resolution proposing amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Potable Water subelement of the Public Facilities Element to amend Policy 1.7 to reference the updated Ten Year Water Supply Facilities Work Plan, and furthermore recommending transmittal of the amendment to the Florida Department of Economic Opportunity. (Transmittal Hearing: CPSP-2013-7) L Recommendation to approve a Resolution amending the Collier County Water-Sewer District's Utilities Standards Manual. J. Recommendation that the Board of County Commissioners enacts a new Purchasing Ordinance, and that until a Purchasing Manual is approved by the Board, that the present Purchasing Policy with respect to all purchases under $50,000 continue in full force and effect, as amended by this Ordinance. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 28 December 10, 2013 December 10-11, 2013 CHAIRWOMAN HILLER: Good morning. I'd like to call this meeting to order. To begin, we're going to have an invocation presented by Pastor Michael Bannon from Crossroads Community Church of Naples, followed by the Pledge of Allegiance led by Douglas Molloy. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE CHAIRWOMAN HILLER: Please rise. PASTOR BANNON: Let's pray. Lord God, we thank you for giving to us this beautiful place in which to live. We thank you that, as our creator, you've made us -- you've given us a stewardship over your creation. I pray that you would bless us, even this day, with the gift of faith that we might know you as you want to be known and to trust you as you want to be trusted. I thank you for our County Commissioners; thank you for their willingness to do the job for us. I pray that you would bless them with wisdom this day, that you might be glorified in all the decisions that are made. I pray that you would help us to be good citizens as well, that we would be partners with them in making this county the beautiful place that it needs to be. So bless these proceedings. Glorify yourself, we pray, amen. MR. MOLLOY: Ladies and gentlemen, to the flag. (The Pledge of Allegiance was recited in unison.) CHAIRWOMAN HILLER: Thank you. County Manager? MR. OCHS: Good morning, Madam Chair and Commissioners, and happy holidays. Page 2 December 10-11, 2013 Item #2A APPROVAL OF TODAY'S CONSENT AGENDA AS AMENDED (EXPARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: These are your proposed agenda changes for the Board of County Commissioners' meeting of December 10, 2013. The first proposed change is to move Item 16A25 from your consent agenda to become Item 11I on your county manager regular agenda. It's a memorandum of understanding between the Community Foundation and the board. The next proposed change is to add Item 12A under the county attorney's agenda. This is a recommendation for the board to enter into a retainer agreement with Nabors Giblin Nickerson to assist the county in a recovery of an overpayment made to the Florida Department of Juvenile Justice. That add-on is made at Attorney Klatzkow's request. The next proposed change is to add Item 16A26. This is a release of a lien for a previous code enforcement action. The release, Commissioners, will allow an individual to purchase a previously abandoned home and close on that before the holidays. So we would ask the board's indulgence and consider that as a routine add-on item. The next proposed change is to withdraw Item 16G4 from your consent agenda. It is a contract award having to do with sod harvesting at the Immokalee Airport. We have a few more details to work out with the proposed vendor, and we'll bring that back when we have those finalized. Commissioners, we have a number of time-certain items today and tomorrow, beginning with Item 5C, which will be heard at 10 Page 3 December 10-11, 2013 a.m., and it will be immediately followed by a series of exciting economic development incentives and initiatives that we'd like to discuss today, those being Items 10A, 10B, 10C, 10D, 10F, and 10G. Again, those will be heard in order beginning with 5C at 10 a.m. The next time-certain item is Item 11G that will be heard at 3 p.m. today. That's a report from your All-Terrain Vehicle Ad Hoc Committee. Your next time-certain item this afternoon will be heard at 3:30 p.m., and that's a presentation from the Southwest Florida Soccer Foundation. And, finally, tomorrow morning, Wednesday, December 11th at 9:30 a.m., you will hear Item 11B. That is a proposed contract award for the community center and related improvements at Eagle Lakes Community Park. We have one agenda note this morning, Commissioners. That has to do with Item 16H5. This is an appointment of a member to an advisory board. Your Packet Page 2191, there's a memorandum on that page that refers to Mr. Weber's prior service on the Radio Road East MSTU Board when, in fact, his prior service was on the Vanderbilt Beach MSTU Board, and that correction was made at Commissioner Fiala's request, and we thank you for that, Commissioner. And I have a couple reminders about our court reporter breaks, Madam Chair. We will break this morning at 10:30 a.m. for our court reporter morning break and then again at 2:50 p.m. this afternoon just before your 3 p.m. time-certain hearing. And also I'm advised by the chair that she plans to adjourn today's meeting at 5:30 p.m., and we would reconvene tomorrow morning at 9 a.m. for any unfinished business and, of course, for our 9:30 time-certain hearing tomorrow. Madam Chair, that's all the changes that I have this morning, but I would like to make one other announcement to kick us off on the Page 4 December 10-11, 2013 right foot, if I could, this morning, and that is -- the board already knows this, but I'd like to advise the public that our countywide beach renourishment project is scheduled to be completed today on budget and well ahead of schedule, so we're very pleased to announce that particular completion of that project this morning. I would like to thank the Board of County Commissioners for the very strong, unflappable policy, support, and guidance during this project. We've had many twists and turns as we've moved forward on this project. Also, the Naples City Council and Bill Moss and his staff at the city have been a joy to work with as we coordinated and collaborated on all the issues involved in traffic control and other safety related issues. Sheriff Rambosk and his command staff have done a great job of helping us control the traffic and the movements and logistics of the trucks as they renourish the beach. And then, most importantly, I'd like to thank Nick Casalanguida and Bill Lorenz and Gary McAlpin and the entire county team who have really stepped up and made sure that we could get this project done as quickly and as safely as possible with minimum inconvenience to the public. So we're very pleased to present what I would call an early holiday present to our residents and visitors with a beautiful new completed beach renourishment project. So that's all I have this morning, Madam Chair. COMMISSIONER NANCE: Yeah, Madam Chair, I think it is operational staff that worked on this project to make it happen. I mean, policy is one thing, but the people in operations are the ones that led this forward to such a wonderful conclusion. I give them my congratulations. You did a great job. COMMISSIONER FIALA: Here, here. (Applause.) Page 5 December 10-11, 2013 CHAIRWOMAN HILLER: Absolutely. I think everybody feels the same way. Staff did an outstanding job. Leo and Nick, under your leadership, this job was done -- I mean, it went smoother and faster and more on schedule than a Swiss train. So you really did great, and we really appreciate you for all your efforts. MR. OCHS: Thank you, ma'am. CHAIRWOMAN HILLER: Thank you. I do have a couple of things I'd like to mention before we get into the consent agenda, and that is the reason we have a two day meeting is because normally we have two meetings in December, one on the second Tuesday and one on the fourth Tuesday of the month. But because of the holidays, we're consolidating the second meeting into this meeting. And so we've got two days back to back. So as Leo indicated, we will start again tomorrow at 9 a.m. Leo, there is another time-certain at 5: 15 to celebrate your birthday and Nick's birthday. And I just want you to know I have violated Chapter 125, and I told Mike Sheffield that as soon as I made this announcement to let all employees in the county know who want to come and celebrate with you to be here at 5:15. COMMISSIONER FIALA: And Jamie French, too. CHAIRWOMAN HILLER: And it's Jamie's birthday also? COMMISSIONER FIALA: Yes, yes. CHAIRWOMAN HILLER: Are you serious? COMMISSIONER FIALA: Yes. CHAIRWOMAN HILLER: Oh, my goodness. Donna, thank you for letting me -- all right. We've got three birthdays. We've got Leo's, Nick's, and Jamie's. So please invite Jamie. He falls under that category. COMMISSIONER HENNING: What about Jesus? CHAIRWOMAN HILLER: Oh, stop. COMMISSIONER FIALA: We didn't bring presents. CHAIRWOMAN HILLER: Yeah, well -- and, actually, our Page 6 December 10-11, 2013 ethics ordinance now would allow you to give these gentlemen presents. So if you choose to do so, feel free. With that -- COMMISSIONER COYLE: A nice hat for you, Leo. CHAIRWOMAN HILLER: Oh, no, no, no. That's for you to wear. No, no. COMMISSIONER COYLE: My present to Leo. CHAIRWOMAN HILLER: No, no, it's for you. I mean, don't we all want to see Commissioner Coyle wearing a Santa's hat? You know how jovial and charming he is. All right. So let's move forward with the approval of today's consent agenda, Leo. MR. OCHS: Yes, ma'am. Item 2A is approval of today's consent agenda as amended. CHAIRWOMAN HILLER: Any discussion from the board? COMMISSIONER FIALA: Motion to approve. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Before we proceed to the vote, any ex parte disclosure by the commissioners on consent? COMMISSIONER HENNING: None. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: None. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Ma'am, I have none on today's consent agenda. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Nothing. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Yes, I have several. Item No. 16A2, I have met with Rich Yovanovich, Bob Mulhere, and George Bauer. Page 7 December 10-11, 2013 COMMISSIONER FIALA: It's consent that we're talking about. COMMISSIONER COYLE: Consent. CHAIRWOMAN HILLER: Yeah, that is correct. 16A2 is consent. COMMISSIONER COYLE: Yeah. On February the 7th, 2011, I met with Rich Yovanovich and David Torres on October the 10th, 2011, and I met with Rich Yovanovich and David Torres on September the 10th, 2012. On Item No. 16A6, I had meetings with Mr. Yovanovich and Wayne Arnold on March the 11th, 2013. And on 16A7, I had a meeting with Bob Mulhere on September the 23rd, 2013. And that concludes my ex parte disclosure for the consent agenda. COMMISSIONER FIALA: Madam Chairman? CHAIRWOMAN HILLER: Yes. Go ahead. COMMISSIONER FIALA: He straightened me out. He's absolutely right. Thank you. I was just blinded by the Christmas holidays, I guess. Anyway, on the consent I, too, have declarations. On 16A2, I've had meetings, correspondence, emails, and calls, and this is regarding the Hacienda Lakes Development. I met with Rich Yovanovich, David Torres, and George Bauer. 16A3, it's the final plat for -- I can't even pronounce the name, Lipari-Ponziane or something like that. Anyway, I just had some staff updates and also a site visit. Sorry to mispronounce the name. And let's see. On 16A6, which is the Creekside, I had meetings, correspondence, emails, and calls, and I met with Rich Yovanovich. On 16A7 -- boy, I've been busy, huh. 16A7, I met with Bob Mulhere. That's the Tuscany Pointe issue. And then on -- but that's just consent. Okay, thank you. CHAIRWOMAN HILLER: I can see that Rich Yovanovich has Page 8 December 10-11, 2013 been earning his keep. COMMISSIONER FIALA: He has been. CHAIRWOMAN HILLER: It's obvious. COMMISSIONER COYLE: That's because all those meetings are billable. CHAIRWOMAN HILLER: Of course. Exactly. Of course. COMMISSIONER NANCE: Commissioner Coyle. CHAIRWOMAN HILLER: Well, you know. Anyway, there being no further discussion, we have a motion and a second. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. County Manager? Item #2B APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED (EXPARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR SUMMARY AGENDA) — ADOPTED MR. OCHS: Item 2B is approval of today's summary agenda as amended. CHAIRWOMAN HILLER: Commissioners, any discussion? COMMISSIONER NANCE: Move to approve. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER FIALA: I have some ex parte. CHAIRWOMAN HILLER: We're going to wait. COMMISSIONER HENNING: I'll second. Page 9 December 10-11, 2013 CHAIRWOMAN HILLER: County Attorney? County Attorney, for the ex parte, we reserve to do it at the time, or do you want them done now? MR. KLATZKOW: This summary. CHAIRWOMAN HILLER: Do it now? MR. KLATZKOW: Yeah. CHAIRWOMAN HILLER: Okay. Commissioner Fiala, ex parte. COMMISSIONER FIALA: Yes. On 17A, this is Bradford Square. I've received correspondence and emails, and I spoke in passing regarding this item. And 17B, which is the Cocohatchee Riviera Trust Planned Unit Development, I just had a staff report. And on 16 -- I mean 17C, Riveria Golf Estates, I spoke to staff about this one. And 17D, which is the Wellfield Risk Management Special Treatment Overlay, I had a staff report. CHAIRWOMAN HILLER: Thank you. Commissioner Coyle, on summary? COMMISSIONER COYLE: For Items 17A and B, I have read the staff report, and for Item 17D I have had emails and telephone conversations with members of the Bear's Paw community. CHAIRWOMAN HILLER: Thank you. Commissioner Henning? COMMISSIONER HENNING: Madam Chair, I received staffs report on 17A, 17B, and 17D. CHAIRWOMAN HILLER: Thank you. Commissioner Nance? COMMISSIONER NANCE: Madam Chair, likewise, I have received and reviewed the staff report on Item 17A, B, and D, and I've also had meetings on 17D, which is the Landing at Bear's Paw RPUD. CHAIRWOMAN HILLER: And I have received and reviewed Page 10 December 10-11, 2013 the staff reports for 17A, 17B, and 17D, and I also received emails on 17A. There being no further discussion, we have a motion and a second. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #2C APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Item 2C is approval of today's regular agenda as recommended. COMMISSIONER HENNING: So moved. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Thank you. We have a motion and a second. 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. Page 11 Proposed Agenda Changes Board of County Commissioners Meeting December 10,2013 Move Item 16A25 to Item 11I: Recommendation for the Board to consider a Memorandum of Understanding(MOU)with the Community Foundation of Collier County(CFCC)to clarify CFCC and County roles regarding acceptance of donations from the CFCC for the construction of artificial reefs. (Staff's request) Add On Item 12A: Recommendation that the Board of County Commissioners authorizes the County Attorney to enter into the attached Retainer Agreement with Nabors Giblin &Nickerson to represent Collier County in an$1.9 million overpayment to the Florida Department of Juvenile Justice. (County Attorney's request) Add On Item 16A26: Recommendation to approve a release of lien in the amount of $31,330.86, for payment of $23,976.96, in the Code Enforcement Action entitled Board of County Commissioners v. J.P. Morgan Chase Bank, Code Enforcement Board Case No. CESD20130000542, relating to property located at 321 7th St. NW,Collier County,Florida. (Staff's request) Withdraw Item 16G4: Recommendation that the Board of County Commissioners,acting as the Airport Authority,award Invitation to Bid(ITB)13-6171 Sod Harvesting at Immokalee Airport for a minimum license fee of Twenty Thousand Dollars($20,000) per year to Florida Sod,Inc.,and authorize the Chairwoman to sign the attached Sod Harvesting License Agreement,pending FAA approval. (Staff's request) Note: Item 16H5: Packet Page 2191 Memo refers to Mr.Weber's prior service on the Radio Road East MSTU Board when in fact his prior service was on the Vanderbilt Beach MSTU Board(Commissioner Fiala) Time Certain Items: Item 5C to be heard at 10:00 a.m.,followed immediately by Items 10A, 10B,10C, 1OD, 1OF and 10G Item HG to be heard at 3:00 p.m. Item 10E to be heard at 3:30 p.m. Item 11B to be heard at 9:30 a.m.,Wednesday,December 11,2013 12/10/2013 8:46 AM December 10-11, 2013 Item #2D MINUTES FROM THE OCTOBER 22, 2014 BCC/REGULAR MEETING — APPROVED AS PRESENTED MR. OCHS: Item 2D is approval of the minutes from the Board of County Commissioners' meeting of October 22, 2013. CHAIRWOMAN HILLER: May I have a motion and a second? COMMISSIONER FIALA: Motion. COMMISSIONER NANCE: Second. COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #2E MINUTES FROM THE NOVEMBER 5, 2013 BCC WORKSHOP — APPROVED AS PRESENTED MR. OCHS: Item 2E is approval of the minutes from the Board of Commissioners' workshop of November 5, 2013. COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? Page 12 December 10-11, 2013 (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 #2F MINUTES FROM THE NOVEMBER 12, 2013 BCC/REGULAR MEETING — APPROVED AS PRESENTED MR. OCHS: Item 2F is approval of the minutes from the regular Board of County Commissioners' meeting of November 12, 2013. CHAIRWOMAN HILLER: May I have a motion? COMMISSIONER FIALA: Motion to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Thank you. 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: (No verbal response.) CHAIRWOMAN HILLER: Motion carries unanimously. Page 13 December 10-11, 2013 Item #3A1 SERVICES AWARD — EMPLOYEE — 25 YEAR ATTENDEE — PRESENTED MR. OCHS: Madam Chair, that takes us to Item 3 on your agenda today, employee service awards. We have one award to present celebrating 25 years of service to our county from our library department, Louise Bergeron. (Applause.) CHAIRWOMAN HILLER: Congratulations. COMMISSIONER FIALA: Thank you for your service. COMMISSIONER COYLE: Congratulations on your service. COMMISSIONER HENNING: Thank you. COMMISSIONER FIALA: Which library do you work at now? MS. BERGERON: Golden Gate. COMMISSIONER FIALA: Oh, my goodness. She's worked at Golden Gate for 25 years. MR. OCHS: Can I get a photo? COMMISSIONER COYLE: How about with a plaque? Does she get one? COMMISSIONER HENNING: Yeah, give her some money, too. COMMISSIONER FIALA: Does she have a plaque? CHAIRWOMAN HILLER: That's what I was -- they didn't -- you know what, Leo -- COMMISSIONER COYLE: Twenty-five years? CHAIRWOMAN HILLER: I know. You would think that there should be something. COMMISSIONER COYLE: You should have gotten a gold watch. CHAIRWOMAN HILLER: Actually, there should be more than Page 14 December 10-11, 2013 a gold watch. Leo, can you make arrangements to get -- MR. OCHS: Yes. We're having a recognition breakfast on Thursday when we're going to pass out the actual recognition award. We'll make sure that you get that. COMMISSIONER NANCE: And a piece of Mr. Ochs' cake. MR. OCHS: Yes, absolutely. You could have the whole cake. CHAIRWOMAN HILLER: Actually, I was going to say something else, but that's okay. MS. BERGERON: Last time when I came here, they gave the pins, and they ran out when I got to here. MR. OCHS: Well, thank you very much. CHAIRWOMAN HILLER: Thank you. (Applause.) MR. OCHS: Commissioners, that takes us to Item 4 on your agenda this morning, proclamations. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION DESIGNATING DECEMBER 10, 2013 AS DOUGLAS MOLLOY DAY IN COLLIER COUNTY IN RECOGNITION OF MR. MOLLOY'S STAUNCH COMMITMENT TO MAKING OUT COMMUNITY SAFE AND JUST DURING HIS 33 YEARS AS A TOP CRIMINAL PROSECUTOR, ACCEPTED BY DOUGLAS MOLLOY — ADOPTED MR. OCHS: Item 4A is a proclamation designating December 10, 2013, as Douglas Molloy Day in Collier County in recognition of Page 15 December 10-11, 2013 Mr. Molloy's staunch commitment to make our community safe and just during his 33 years as a top criminal prosecutor. To be accepted by Douglas Molloy. And this item is sponsored by Commissioner Hiller. If you'd please step forward. CHAIRWOMAN HILLER: Thank you. (Applause.) CHAIRWOMAN HILLER: Members of the board, could you have a seat. I'd like to take a few minutes to talk about Douglas Molloy before we get into the proclamation. As you all know, we, as a board, are committed to public safety. It is our priority. And in this community there are so many who serve and sacrifice themselves for our safety that it is imperative that we recognize their contribution to our community. What Doug has done for this community is indescribable. And so today, this is not only a proclamation, but this is also a presentation. What I'm going to do is I'm going to go ahead and read the proclamation, and then I'm going to ask the members of the board to please step down and present both the proclamation and the recognition award to Mr. Molloy in person. But before I start, I want to mention that there are many people in the audience today who deserve recognition who worked with Doug over these past 33 years who wanted to be here to honor him. And so I won't read off all the names. I'm just going to read off a few. And I'm going to start by saying, there are U.S. Assistant Attorneys present; there are Agents from the FBI present; there are Agents from the IRS Criminal Investigations' division present; there are DA Agents present. And, by the way, I've never felt safer in my life. I'll just add that. And then we also have -- and if you would please rise, Chief Don Hunter. Don? Hey. I'm so glad to see you. State Attorney Steve Russell. Steve? And we also have Chief Jim Williams from the Collier County Sheriffs Office. And then, finally, we have Laura Page 16 December 10-11, 2013 Germino from the Immokalee Coalition of Workers. Most importantly, we have Doug's family here with him, and they're sitting here in the first row. And we know how much you've gone through putting up with him as he's been, you know, fighting for truth and justice. So thank you for your patience in support of him in doing his job. And with that, I'd like to read the proclamation. Whereas, Douglas Molloy managed the office of statewide prosecution Fort Lauderdale, Miami, Key West division, and served as Chief Assistant U.S. Attorney for the Southwest Florida division of the Middle District of Florida and recently retired after 33 years as a Criminal Prosecutor; and, Whereas, in his criminal prosecution career, Douglas Molloy vigorously prosecuted every criminal type, including serial killers, swindling financiers, fraudulent bankers, law-breaking politicians, corrupt police officers, pill mill operators, drug cartels, and human traffickers; and, Whereas, Douglas Molloy prosecuted two of the most notorious human trafficking cases in Collier County history, which received national attention and brought the spotlight to the travesty and magnitude of human trafficking and modern-day slave labor in Florida; and, Whereas, at the request of the United States Department of Justice, Douglas Molloy educated law enforcement officials in other nations on how to thoroughly investigate and successfully prosecute cases involving organized crime, public corruption, money laundering, and slavery; and, Whereas, Douglas Molloy has been staunchly committed to justice and safety in our community and has earned a reputation for being a champion of the people, especially those most vulnerable, including senior citizens, retirees, migrant workers, and victims of slave labor and human trafficking; and, Page 17 December 10-11, 2013 Whereas, we are grateful for his dedication and commitment to a legacy of integrity that will endure long after his retirement. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that December 10, 2013, be designated as Douglas Molloy Day. Done and ordered this 10th day of December 2013 by this board. (Applause.) CHAIRWOMAN HILLER: Members of the Board, would you step down. On behalf of the Board of County Commissioners; and your proclamation. MR. MOLLOY: Thank you, thank you very much. CHAIRWOMAN HILLER: Thank you again. MR. MOLLOY: Appreciate it. (Applause.) CHAIRWOMAN HILLER: If anyone in the audience would like to have a photograph with Doug while he's here receiving this award, after he speaks why don't you all come up, and we'll arrange for a photograph to be taken, either individually or collectively. Go ahead, Doug. MR. MOLLOY: I think the first thing that I should say is that people who do this job don't expect anything like this. This is quite possibly the -- one of the most inexplicable things that's ever occurred to me in 33 years, and I am deeply grateful and very moved and, unlike me, more than a little humble. I would -- I'm thinking now that since I have never actually investigated the Collier County Commission, that I've investigated -- CHAIRWOMAN HILLER: Thank God. MR. MOLLOY: And that I've investigated the Lee County Commission five separate times in 25 years, I am starting to understand why there's no Douglas Molloy Day in Lee County. I would -- actually, taking it seriously, thank you for not doing Page 18 December 10-11, 2013 something stupid or illegal or foolish. I really appreciate it. We need to keep our attention on our sister county north. Naples -- I grew up in Southwest Florida. I grew up in Fort Myers, I took many trips to Naples, because my father was a traveling salesman of electronic parts, and I would come down to Naples with him on his trips, and I never saw a more beautiful place. I never saw a place where I thought -- I thought all the money in the world had to be in Naples, because we would go on millionaires' row. But for all beauty, there is a cost, and my personal motto is "everything costs." And the cost is -- behind that beauty, there is, in Immokalee, human trafficking. When there is wealth, there is corruption. My job was always really simple. Do the right thing. Do the right thing. Let nothing else get in the way. If I just -- and trust me, I believe a lawyer should always tell you how long he's going to speak. I'll speak for exactly four more minutes. I started out with State Attorney Steve Russell, and that was one of the things that I learned in the -- I'm sorry, the State Attorney's Office -- just do the right thing. I prosecuted judges; I prosecuted ministers; I prosecuted doctors, lawyers, sheriffs, every profession, every walk of life. You do the right thing. I know that the agents that I've asked to be here that have honored me with their presence here don't usually like their names said, but Jim Roncinske from the FBI; Mike Musick (phonetic), John Johnson from the IRS; Captain Mark Baker, who also likes to fly under the radar; these are agents that have always done the right thing. When there was a public corruption case, a severe, very heinous public corruption case, the sheriff at the time, Sheriff Don Hunter, did not hesitate in letting loose the dogs of war, and we spent two years' investigation and trial and changed the very shape of the way things were done in Immokalee. Page 19 December 10-11, 2013 And I had my trial partner for life back there, Jim Williams, who was steadfast in his commitment to that case. So sheriff or whatever, chief-- you've all got shifting titles, I mean, but I want you to know I'll always appreciate the commitment that Collier County Sheriffs Department gave to making sure that their entire department was always doing the right thing. The human-trafficking cases that I prosecuted here are -- they're heartbreaking. But also we've had the commitment of the FBI and the Collier County Sheriffs Department in making sure that these people who do not have a voice, these people that are here illegally, these people that have had their hopes and dreams destroyed by becoming slaves here, that that cannot happen in America. When we first started these prosecutions, people would say, illegal aliens, well, they deserve what they get; they came here illegally. But there was a dawning recognition that that can't happen here, and it's important to note, Madam Chairman, Chairperson -- CHAIRWOMAN HILLER: Chairwoman works. MR. MOLLOY: -- Commissioner Hiller -- CHAIRWOMAN HILLER: I like that, too. MR. MOLLOY: -- that it is Collier County that set the tone for the entire federal prosecutions in Florida, and still those cases reverberate (sic) throughout the country. It's sometimes hard to picture, you know, just little Southwest Florida having that national effect. As to my family who's here, my wife, Sherry, her son Rob, my brother Donald, his beautiful wife Tara. I shouldn't have said that first. Beautiful wife. They have been a constant source of support. They understand what I do. They understand that that's, you know, who I am. And so I would tell you that I really deeply appreciate this. You don't recognize -- don't usually recognize toilers in the vineyard. And that -- for 33 years, that's what I was, and it was my honor to be so. Page 20 December 10-11, 2013 Thank you. CHAIRWOMAN HILLER: Thank you. (Applause.) CHAIRWOMAN HILLER: I just -- Chief? Chief Hunter? CHIEF HUNTER: I would like -- CHAIRWOMAN HILLER: I would like to -- CHIEF HUNTER: I would like a rebuttal. No, I would like to amplify on the closing argument of United States Attorney Molloy, now retired. When's the official date? MR. MALLORY: The official date was actually November 14th, but -- CHIEF HUNTER: Thanks for inviting me to the party. MR. MALLORY: I would rush to tell you, this is as close to a party as it got. CHIEF HUNTER: Well, I'd just like to amplify on a few points that U.S. Attorney Molloy made, and that is that Doug has had a tremendous -- a tremendous influence on the region. He mentioned some sheriffs, fortunately not local, in these two sister counties, but there were some sheriffs who weren't doing the right thing, and there was no hesitation to go after them. Doug has shown tremendous courage. The drug traffickers that were prosecuted were known to use pipe bombs from time to time, typically against themselves, but -- and other elements of their cartel, if you will, the local group. Doug was courageous, Doug was dedicated, Doug is dedicated, and Doug is one of those people who were not only willing to prosecute but to offer advice. He was extraordinarily active as a U.S. attorney, assistant U.S. attorney in this region, gave critical advice and guidance to the Sheriffs Office when we faced these what appeared to be almost insurmountable political and legal issues within the agency. I also would like to commend Chief Williams and Captain Baker Page 21 December 10-11, 2013 for their work in our internal affairs group in working hand in glove with Doug Molloy in cleaning up the -- that particular small element of the agency that needed cleaning up, and changing the face of Immokalee through human-trafficking prosecutions and going after corrupt officers as we've discovered them. Doug offered advice in the Williams and Santos case. Those were missing men that we -- their cases are republished annually. Most people in this room remember that -- remember that ongoing missing persons case, or those ongoing missing-persons cases, and Doug was instrumental in eliciting the aid of the FBI and other extraterritorial elements of U.S. and state government in trying to find them. And I can only commend him and offer my utmost respect for Doug Molloy as an assistant attorney and would recommend him to our highest levels of government and wish you all the best in your next adventure, Doug. And you'll have to visit Marco so I can -- we can catch up a little bit. MR. MALLORY: Thank you. CHAIRWOMAN HILLER: Thank you. CHIEF HUNTER: Madam Chair, thank you for the opportunity to make a comment. CHAIRWOMAN HILLER: Thank you very much. COMMISSIONER FIALA: And by the way, you're doing a great job on Marco. CHIEF HUNTER: Oh, thank you. (Applause.) CHAIRWOMAN HILLER: And now let me just repeat, if there's anyone that would like to have a photograph, maybe the family or any of the agents present, if you'd like to stand up. Chief? Chief? Would you like to have a picture with him? Do you want to have a picture with Doug? MR. MALLORY: The last one was, I think, a mugshot type of Page 22 December 10-11, 2013 thing. CHIEF HUNTER: After -- if you take a break, I'll stick around. CHAIRWOMAN HILLER: All right. Then if you'll stay -- if you don't mind staying, the break is going to be coming up at about 10:20, 10:30. The last thing I would like to say is we have a gentleman joining us that I would actually like you to meet, and any of the agents involved in human trafficking might want to stay to meet this man. His name is David Diamond, and he's the President of DeAngelis Diamond, and he has been working tirelessly against human trafficking, actually traveling the world. I mean, he's on a mission. And I think it would be worthy of your time to stay and meet him and, again, any agent that would like to stay or any other prosecutor that would like to stay and speak to David and about his initiative and endeavors, I think it would be well worth your time. So please feel free to stay. Thank you. And thank you for everything you've done. Item #4B PROCLAMATION DESIGNATING JANUARY 5-11, 2014 AS COLLIER COUNTY REPUBLICAN WOMEN'S WEEK, ACCEPTED BY REP. KATHLEEN PASSIDOMO, HONORARY CHAIR; JAN FACE GLASSMAN, EVENT CHAIR; PRISCILLA GRANNIS, PRESIDENT OF WOMEN'S REPUBLICAN CLUB OF NAPLES FEDERATED; CYNTHIA MILES AND MICHELLE MORGENSTERN, WOMEN'S REPUBLICAN CLUB OF NAPLES FEDERATED; DORENE MCSHEA, PRESIDENT, SOUTHWEST FLORIDA FEDERATED REPUBLICAN WOMEN; LITHA BERGER, PRESIDENT OF CAXAMBAS REPUBLICAN CLUB; JUDY TABER, COLLIER REPUBLICAN CLUB; JUDITH FRIEDLAND, REPUBLICAN JEWISH COMMITTEE OF Page 23 December 10-11, 2013 SOUTHWEST FLORIDA; PHYLLIS DALLMANN, BARBARA STANG, CINDY LYSTER, KATHI GRAY AND ANN BROWN, COLLIER COUNTY REPUBLICAN EXECUTIVE COMMITTEE; ERIKA DONALDS, COLLIER COUNTY YOUNG REPUBLICANS; MARY KNAIZ AND NATALIE STAUDACHER, COLLIER COUNTY TEEN-AGE REPUBLICANS; AND CHRISTINE SUTHERLAND, COLLIER REPUBLICAN STATE COMMITTEEWOMAN — ADOPTED MR. OCHS: Commissioners, that takes us to Item 4B on this morning's agenda. It's a proclamation designating January 5th through 11th, 2014, as Collier County Republican Women's Week. To be accepted by the elected Republican women of Collier County, including Representative Kathleen Passidomo, Commissioner Donna Fiala, Commissioner Georgia Hiller, Naples Councilwoman Theresa Heitmann, Naples Councilwoman Dee Sulick, Supervisor of Elections Jennifer Edwards, Collier County School Board Members Barbara Berry, Pat Carroll, Kathleen Curatolo, also Jan Face Glassman, who's the Event Chair; Prescilla Grannis, President of the Women's Republican Club of Naples Federated; Cynthia Miles and Michelle Morgenstern, Women's Republican Club of Naples Federated; Dorene McShea, President, Southwest Florida Federated Republicans; Litha Berger, President of Caxambas Republican Club; Judy Taber, Collier Republican Club; Judith Friedland, Republican Jewish Committee of Southwest Florida; Phyllis Dallmann, Barbara Stang, Cindy Lyster, Kathi Gray, and Ann Brown, Collier County Republican Executive Committee; Erika Donalds, Collier County Young Republicans; Mary Knaiz and Natalie Staudacher, Collier County Teenage Republicans; Shari Monetta, Constituent Service Representative for Congressman Trey Radel; and Christine Sutherland, Collier Republican State Committeewoman. I think I have them all, Madam Chair, and some are here and Page 24 December 10-11, 2013 some are not. CHAIRWOMAN HILLER: Believe it or not, there are many more, but this is the select representative few of the fine Republican women in Collier County. MR. OCHS: Very good. Congratulations, ladies. (Applause.) COMMISSIONER HENNING: Should we sit down? We shouldn't be any higher, right? (Applause.) CHAIRWOMAN HILLER: County Manager? MR. OCHS: Yes, ma'am. Item #4C PROCLAMATION RECOGNIZING THE 70TH ANNIVERSARY OF THE NAPLES MUNICIPAL AIRPORT AND ITS CONTRIBUTIONS TO THE REGION, ACCEPTED BY EXECUTIVE DIRECTOR TED SOLIDAY, DEPUTY EXECUTIVE DIRECTOR SHEILA DUGAN AND BOARD CHAIR JOHN ALLEN — ADOPTED MR. OCHS: Item 4C is a proclamation recognizing the 70th anniversary of the Naples Municipal Airport and its contributions to the region. To be accepted by Executive Director Ted Soliday, Deputy Executive Director Sheila Dugan, and Board Member Cormac Giblin. And this item is sponsored by Commissioner Fiala. If you'd please step forward and receive your proclamation. (Applause.) CHAIRWOMAN HILLER: Congratulations. COMMISSIONER FIALA: Well, come on up, Ted. Don't sit there. Page 25 December 10-11, 2013 COMMISSIONER COYLE: You can walk with a broken arm. CHAIRWOMAN HILLER: Congratulations. COMMISSIONER NANCE: Ted's got some wing damage here right before the event. CHAIRWOMAN HILLER: Congratulations, Ted. COMMISSIONER NANCE: Thank you so much, sir. MR. GIBLIN: Thank you, Commissioners. We sincerely appreciate the support of the Board of County Commissioners. And, in recognition, we would just like to take a moment to invite all of you and all members of the public out to our 70th anniversary event coming up this Saturday at the airport, it's being held from one to four, as we celebrate 70 years of the City of Naples Airport being the best little airport in the country. So thank you. Hope to see you there. CHAIRWOMAN HILLER: That's great. Thank you. (Applause.) COMMISSIONER FIALA: Just a fast side note. I remember when it used to be a Quonset Hut, right? It was great back then. CHAIRWOMAN HILLER: Thank you. Item #4D PROCLAMATION DESIGNATING JANUARY 5-11, 2014 AS CORKSCREW REGIONAL ECOSYSTEM WATERSHED (CREW) TRUST WEEK IN COLLIER COUNTY, ACCEPTED BY DOUG MACHESNEY, CREW TRUSTEE — ADOPTED MR. OCHS: Item 4D is a proclamation designating January 5 through the 11th, 2014, as Corkscrew Regional Ecosystem Watershed CREW Trust Week in Collier County. To be accepted by Doug Machesney, CREW trustee. And this item is sponsored by Commissioner Fiala. Page 26 December 10-11, 2013 If you'd please step forward, Doug. (Applause.) CHAIRWOMAN HILLER: Congratulations. MR. MACHESNEY: Thank you. COMMISSIONER FIALA: You do such vital work. COMMISSIONER COYLE: Congratulations. COMMISSIONER NANCE: Thanks for your work, sir. COMMISSIONER HENNING: Thanks. COMMISSIONER FIALA: You're going to say a couple words for us after the pictures, right? COMMISSIONER COYLE: Wait for the picture. MR. MACHESNEY: Madam Chair and members of the commission, Donna, who is -- Fiala is a member of our board. We really appreciate your endorsement of the mission of CREW. CREW, for those who don't know, is the Corkscrew Regional Ecosystem Watershed. That's a land and water trust, and our mission is to preserve and protect our natural resources. We do a lot more than take care of some land. Part of our program -- a major part of our program is education. And as a result of that, thousands of elementary and secondary students, as well as college students, have been involved in programs at CREW. This year, or next year, will be our 25th year. We invite you to come out to CREW. We do more than remove exotics and take care of the land. We have hiking, we have birding, we have camping, and the myriad of programs for students as well as adults. So come out during the next year, take advantage of the opportunities on our hiking trails and, again, we thank you for your endorsement of our mission by adopting this resolution. Thank you very much. CHAIRWOMAN HILLER: Thank you, and thank you for all you do. (Applause.) Page 27 December 10-11, 2013 CHAIRWOMAN HILLER: We should also, at this time, remember the tremendous amount of work to make all of this happen by our House of Representatives most famous lady -- of course, next to Kathleen Passidomo -- and that's Mary Ellen Hawkins. Because without her help, without her contribution, CREW would not be what it is today. COMMISSIONER FIALA: And what they really do is they work at preserving our future water sources. They've been buying up land and protecting it so nobody can come in there and build something. So, again, that preserves our future sources, and I'm proud to serve on their board. CHAIRWOMAN HILLER: Well, thank you. Leo? MR. OCHS: Yes, ma'am. Item #4E PROCLAMATION RECOGNIZING THE COLLIER COUNTY ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, INC., CHARTERED IN COLLIER COUNTY ON OCTOBER 26, 2013, ACCEPTED BY CHRIS RAHMINGS, PAMELA WILKINS, DELLA BRADLEY, DIANE HAYNES, THELMA JOHNSON, RHONDA CUMMINGS, JENNIFER WILLIAMS, CYNTHIA BATTLE, JENISE MORGAN, CYNTHIA POWERS, TONGE LAWSON, DARLENE JACKSON, DEBRA JOHNSON, WILMEDE JOSEPH, ROSETTA KIRK, MILDRED PITTS, DORIS COTTON, CRYSTAL MOODY, CAROLYN PERRY, SHIRLEY WILLIAMS, SANDRA FULTON, ROZALYNE WRIGHT, MICHELLE BRICE, MICHELLE WILLIAMS AND ALANA SMITH — ADOPTED MR. OCHS: Item 4E is a proclamation recognizing the Collier Page 28 December 10-11, 2013 County Alumni Chapter of Delta Sigma Theta Sorority, Incorporated, chartered in Collier County on December 26, 2013 (sic). To be accepted by Chris Rahmings, Pamela Wilkins, Della Bradley, Diane Haynes, Thelma Johnson, Rhonda Cummings, Jennifer Williams, Cynthia Battle, Jenise Morgan, Cynthia Powers, Tonge Lawson, Darlene Jackson, Debra Johnson, Wilmede Joseph, Rosetta Kirk, Mildred Pitts, Doris Cotton, Crystal Moody, Carolyn Perry, Shirley Williams, Sandra Fulton, Rozalyne Wright, Michelle Brice, Michelle Williams, and Alana Smith. And this item is sponsored by the entire Board of County Commissioners. Ladies, please step forward. (Applause.) CHAIRWOMAN HILLER: Congratulations. Why don't we get one of you on this side; that way we're a little more balanced. There we go. Thank you. Would you like to say a few words? MS. RAHMINGS: Good morning. My name is Chris Rahmings, R-a-h-m-i-n-g-s. To the County Commissioners and everyone out here, we are just filled with joy about this proclamation. For over 20 years, the women of Delta Sigma Theta Sorority, Incorporated, tried to make this a reality in Collier County. You might say, well, what happened? Unfortunately, we never had enough sorors to make it happen. Delta Sigma Theta is a public service organization that turned 100 years old this past January 13th. And throughout traveling of trying to make it a possibility, it happened for us during this centennial year. Not only were we able to get 25 women to make it happen, God allowed me to be voted as the Charter President. You see, I grew up in Immokalee, Florida. I picked bell pepper, cucumbers, squash, and anything to make a living. And when I Page 29 December 10-11, 2013 graduated from High School, I had no choice about my future. My mother told me that I was going to college. Unfortunately, she did not live to see the fruits of her labor, and off to Miami I went. And I met the women of Delta Sigma Theta Sorority, Incorporated, who took me in over 37 years ago. Delta Sigma Theta works up on the five-point thrust. Each one of us pledge a lifetime commitment to community service: educational development, economic development, international awareness, physical and mental health, and political awareness and involvement. We pledge to join forces with Collier County to partner with you to do the work in the African-American Community as well as for all Americans. Our charter service: Marco Island, Everglades City, Immokalee, Golden Gate, and Naples. Sister, sister, you're forgiving. Don't forget about the women of Delta Sigma Theta in your end of year, because everything we do is through fundraising. We're going to host our first fundraiser on February the 23rd at the Hilton. When you see the ladies in red -- and, Chief Hunter, if you're having a situation, call on us. It's our job to come and help Collier County school system, Collier County, County Commissioners, Collier County Sheriffs Department, and any things that revolves around our five point thrust. I would like for my sorors, those who were able to come this morning, to stand again. Turn around to the audience. Each one of these ladies took a commitment when they were in college. Some of us think that sorority girls love to party, drink, dance, and hang around with their boobies hanging out. That may have been so for us many, many years ago when we were young, but we still remember that we made a lifetime commitment. We come from different colleges. Soror Mini Hooks came from Bethune Cookman College, and she's been a Delta over 45 years. Page 30 December 10-11, 2013 Soror Hooks has the hat on. Soror Cynthia Battle made it in Tallahassee at Florida A&M University, and she has been a Delta for over 30 years. Soror Diane Haynes initiated in the Fort Myers Alumni Chapter when I served as Chapter President three years ago, and Soror Rhonda Cummings, who worked for Collier County, was initiated in the Fort Myers Alumni Chapter three years ago. We must have at least a four year degree to be in this organization. We have doctors, lawyers, dentists, nurses, and all occupations. We say to the County Commissioners, thank you. We say to Collier County, thank you for embracing the women in red, the women of Delta Sigma Theta Sorority, Incorporated. Thank you. (Applause.) CHAIRWOMAN HILLER: And the Collier County Commission and the citizens of Collier County say we embrace right back. MS. RAHMINGS: Thank you. CHAIRWOMAN HILLER: Great presentation, and thank you so much for all you're doing and for being here. MS. RAHMINGS: Thank you. COMMISSIONER HENNING: Madam Chair, I'll make a motion to approve the proclamations as presented and, also, Chief Don Hunter would like to say a word. COMMISSIONER FIALA: Second the motion. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: Chief Hunter, did you want to say something at this time? CHIEF HUNTER: Well, I certainly congratulate Mrs. Rahmings. She's also a friend and family member of the Sheriffs Office. Page 31 December 10-11, 2013 CHAIRWOMAN HILLER: That's wonderful. CHIEF HUNTER: But I would like to insert myself, because I understand the Molloy family must depart. CHAIRWOMAN HILLER: Okay. CHIEF HUNTER: But I would like to get one photo. CHAIRWOMAN HILLER: Can we go ahead and -- we're going to go ahead -- I'm going to call the vote, and after that, anyone that would like to have a photograph with the Molloys, please stand up here and do so. So all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? Well, obviously not. Motion carries unanimously. All right. COMMISSIONER HENNING: We're going to get a photo. CHAIRWOMAN HILLER: Yeah. Let's go ahead and stand up. And if you'd all like to come up to the dais, and we'll go ahead and have a photograph taken with you all. CHIEF HUNTER: I appreciate it. CHAIRWOMAN HILLER: Oh, no. It's perfectly all right. CHIEF HUNTER: Thanks for having me. CHAIRWOMAN HILLER: Thank you for being here. COMMISSIONER COYLE: I haven't seen you. COMMISSIONER FIALA: I see him. CHIEF HUNTER: Make me look thin and tall. MR. MALLORY: Make us both look younger. CHIEF HUNTER: Thank you. CHAIRWOMAN HILLER: Thank you. And, Doug, would you Page 32 December 10-11, 2013 like to have your family come up? MR. MALLORY: Yes. My family actually would be -- yeah, a picture, and I've got a sorority sister who needs a phone number. COMMISSIONER FIALA: Congratulations. That was so interesting to hear all that you do. MR. MALLORY: It's been a long ride. CHAIRWOMAN HILLER: Yeah, no doubt. MR. MALLORY: Thank you again. CHAIRWOMAN HILLER: Thank you. MR. MOLLOY: Thank you. Call me if you need me. I'm surprisingly free. CHAIRWOMAN HILLER: Leo? MR. OCHS: Yes, ma'am. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH DECEMBER, 2013 TO SHULA'S STEAKHOUSE, ACCEPTED BY CLARK HILL, JEFF GEROME AND TOM DONAHUE — PRESENTED MR. OCHS: Madam Chairman, that takes us to Item 5A this morning. This is a presentation of the Collier County Business of the Month for December 2013 to Shula's Steak House. To be accepted by Clark Hill, Jeff Gerome, and Tom Donahue. Gentlemen, if you'd please come forward. (Applause.) CHAIRWOMAN HILLER: Thank you. Nice to see you. Congratulations. COMMISSIONER FIALA: You deserve it. MR. DONAHUE: They said we get to speak. CHAIRWOMAN HILLER: Please. Page 33 December 10-11, 2013 MR. DONAHUE: I'll make it quick. It will just be about a half hour. Madam Chairwoman, Commission, thank you so much. We do not take this lightly. This is a true honor for not only Shula's Steak House, but the Hilton Naples. In 2000 we opened, and ever since that first day we opened, the community, Collier County, Naples, has embraced Shula's and the Hilton. We feel that we are part of a big family here in Naples, Florida. And, again, we thank the chamber, the commission so very much for allowing us to be here today. There's 12 months in a year. We're one business of the month. Again, this is an amazing recognition. Thank you. I wouldn't be forgiven if I didn't tell you about the fact that we do still have some space available for private luncheons and dinners as well as the Hilton does have some meeting space left for your holiday season. Thank you all very much. CHAIRWOMAN HILLER: Thank you. And you do an outstanding job not only as a business partner in the community, but as a community member. I just can't think of any other organization that does so much for Collier County as Hilton does and as Shula's does. MR. DONAHUE: Thank you, ma'am. CHAIRWOMAN HILLER: It's really tremendous. Thank you. Item #5B RECOGNIZING COREY FORD, SENIOR TECHNICAL SUPPORT PROFESSIONAL, PUBLIC UTILITIES, AS EMPLOYEE OF THE MONTH NOVEMBER, 2013 — RECOGNIZED Page 34 December 10-11, 2013 MR. OCHS: Item 5B is a recommendation to recognize Corey Ford, senior technical support professional in our public utilities division, as the Employee of the Month for November 2013. Corey, if you'd please step forward and receive your award. (Applause.) CHAIRWOMAN HILLER: Congratulations. Thank you for your service. COMMISSIONER FIALA: Congratulations. COMMISSIONER COYLE: Congratulations, Corey. COMMISSIONER NANCE: Thank you, sir. COMMISSIONER HENNING: Good job. Is your family here? MR. FORD: No. MR. OCHS: Corey, stand right there and get a photo. I'm going to tell the board a little bit about you. Commissioners, Corey's been an employee of our Public Utilities Division for more than 10 years, again, working most recently as a Technical Support Professional. His normal responsibilities include providing technical support to our internal public utilities division operational staff responsible for operating all of our radio telemetry monitoring systems that helps us monitor valves and pumps and motors and all of the equipment that runs throughout our entire distribution system, as well as the monitoring systems in our various water and wastewater plants. A very important job. And, of course, Corey's expertise is not just confined to our Public Utilities Division. We also use this kind of telemetry in other areas of county operations, most notably in our Stormwater Management Systems. And recently, when we encountered a problem with our Gateway Triangle Pump Station, Corey was more than willing to jump over to help Mr. Casalanguida's team in Growth Management Division to solve those problems and to get that station running in an automated mode so that we can troubleshoot it right Page 35 December 10-11, 2013 from the station. Very important and very efficient operation now, thanks to Corey's help. As always, he's very dedicated, engaged, highly accountable, and eager to provide guidance and support to any and all who ask. He is the epitome of a team player in our organization, works across divisions for the good of the organization, and, of course, our own community and our customers. Extremely well deserving of this honor, and it's my pleasure, Commissioners, to represent Mr. Corey Ford, your Senior Technical Support Professional and Employee of the Month for November 2013. Congratulations, Corey. (Applause.) Item #5C PRESENTATION BY MR. RICHARD BROOME, SENIOR VICE PRESIDENT, CORPORATE AFFAIRS AND COMMUNICATIONS AT HERTZ GLOBAL HOLDINGS, INC. — PRESENTED MR. OCHS: Commissioners, that moves us to our time-certain hearings this morning. As I announced this morning, we have a series of time-certain items beginning with Item 5C. And we are honored this morning, Commissioners, to have Mr. Richard Broome, the executive vice president of corporate affairs and communication at Hertz Global Holdings, Incorporated, to make some remarks to the County Commission. I know that Chairwoman Hiller has been in frequent communication with Mr. Broome over the past several weeks, and I'm sure she'd like to make some opening remarks. CHAIRWOMAN HILLER: I would. Thank you so much, Leo. To begin, before I get started, I would like to say that Mr. Page 36 December 10-11, 2013 Broome's presentation will be followed by 10A, IOB, 10C, 10D, 10F, and 10G. So I would like to ask if there's any members in the audience that would like to speak to any of those items, if you'd like to take a moment and get a speaker slip and hand them to the county attorney sitting over there wearing a red tie, waving his hand up in the air, if you haven't already done so. Members of the board, we're very honored today to have the senior executive vice president from Hertz presenting to us to tell us how great he thinks the region is and how Hertz made the decision to come to the area. What I've done for your benefit is I've provided some background information, which you received yesterday, on Mr. Broome and also on Hertz. And a copy of that background information will be entered into the record. When I met with Richard last week to discuss this presentation, he presented me with an article, which I've made copies of and I'd like to go ahead and distribute to you right now. And I'd like you, at your leisure, to read and internalize what this article says, because it's probably the best article we could ever hope for in terms of promoting Collier County economically. It's dated December 5, 2013, and it was in Forbes. And the title is, will more corporations follow Hertz to Florida's low taxes and Sunshine? And it talks all about our region and what we have to offer. And we are so excited that Hertz decided to locate to Southwest Florida because it is a boom to the entire area. So with that, I'd like to turn the podium over to you. And please share all your thoughts and wisdom. And anything that we can get out of this, we're sure to test and put to market. MR. BROOME: Thank you, Commissioner Hiller, and good morning, Commissioners. And on behalf of the Hertz senior management team, I do want to thank all of you for the very warm welcome and support that we've received from this community since Page 37 December 10-11, 2013 we started working here in September of this year in our temporary headquarters in Naples. It's really been tremendous. And all of us who have relocated here are just absolutely overwhelmed by the support. So thank you very much, and thank you everybody here. There's a lot of people behind me here that support economic development in this county in this region who have provided me invaluable advice on how Hertz can proceed to make a valuable contribution to this community, and we plan to do so. I want to start by saying that the answer to the question in the Forbes article is, yes, we believe many more companies will decide to relocate to Southwest Florida. When they -- if they're looking to move, undertake the analysis that we went through and made the decision we made to relocate here. And I want to explain some of the -- of our experience and some of our observations that led us to this conclusion. About a year ago we completed the acquisition of Dollar Thrifty, one of our largest competitors, and they're headquartered in Tulsa, Oklahoma. Hertz is headquartered in Burgen County, New Jersey. And we quickly figured out that none of the folks in New Jersey wanted to move to Oklahoma, and none of the folks in Oklahoma wanted to move to New Jersey, nor could they afford to move to New Jersey. So we decided quickly that we wanted a common culture, and the only way to do that was to pick a neutral third site to host our corporate headquarters. So we began a pretty quick process. I would say within 60 days we quickly figured out it was going to be Florida. I won't go into all the gory details, but Florida quickly emerged as the lead candidate for us. And I think you should understand a little bit about why Florida, as well as why this area. First, it's the second largest state in our network for business. It's a huge tourism center as well as business Page 38 December 10-11, 2013 conference center for Americans, even people overseas. So Florida's a big business operation and, as a result, it's got the second largest number of Hertz employees in the country as well. So it was a great place for us to come, because we knew we could draw on a talented pool of our own people, as well as people from in the community, because there are over -- you know, by some estimates, over a million tourism jobs in Florida. So it creates a rich talent pool for us to grow on as we're trying to grow our business in the future and as we're trying to create a common culture to make our company even stronger. The second is, obviously, it's a very favorable business climate. If you look across the United States, there are some great states and not so great states to be doing business in. And I've got to say that as we did the analysis -- and this was based on hard core facts, data, and analysis -- Florida's right near or right at the top in almost every category. And most people will say, no state income tax. Well -- and that's not unimportant. But if you look at the other factors, corporate taxes, permitting approvals, just the general sense of the elected officials of this state to try and support business, those were all very important factors in our decision to relocate. And, again, I think that this particular administration, the Scott administration in particular, has been very supportive of the concept attracting business to the state. And when they realized -- they didn't know who we were at the time, and confidentiality was very important. When they realized a Fortune 300 company wanted to relocate to their state, they were all over us, more so than in any other state. And that commitment makes a big deal. You know, people will talk about, oh, you got a great incentive package. And I'm not discounting the importance of that, but it's the total package that you look at. And one of the key things for a company like ours is, is there a commitment by the public as well as Page 39 December 10-11, 2013 the private sector to welcome the company to the area? And we found that with Florida, and we also found that especially in Lee County, which was the most aggressive of all of the areas of the state trying to attract us in. And let me just stop and talk about a couple of the elements of what Lee County did. Because as I've said publicly, it's not so much what others didn't do that convinced us to go to Lee County. It's really what they did that went above and beyond others to try and attract us to the Southwest Florida area. They have a very strong private sector and public sector group that's dedicated to economic development, and that came through very loud and clear to a few of us who came down anonymously back in January to meet and hear what they had to say about coming to Lee County. And it was interesting, because they were very -- there were some public officials there. The mayor of Bonita Springs was there, as well as some private sector folks, and there were very -- they're in sync. Their message hung together. They had obviously worked hard to try and figure out what would be of interest to a company like ours coming in. They really hit their marks. They talked about the fact that if we decided to come to their regions, the support wouldn't stop on the day we announced. It would continue on. And that's -- they've been true to their commitment to help us make sure that we could get through the school choice issue if we had children who were relocating into Lee County, to help us figure out where could people live affordably at different income brackets, to help the spouses of our employees try to find jobs as they were relocating, to help some of our employees who are coming down with relatives who need special medical assistance. Again, you know, really overwhelming -- a lot of support. And even not always saying, oh, you should do this in Lee County. They'd say, well, we've got great options if you can get into Collier County, Page 40 December 10-11, 2013 Naples, or if you need to travel up to Tampa. So it wasn't all only about Lee County. They really tried to recognize that there was a regional aspect to this and that we would be attracted to a more regional approach. So they did a great job trying to attract us. And I think that, you know, you should really take a look at that, what I'll call holistic approach. And, you know, I guess I'd say then -- and some of our observations -- and I've talked to our senior management team who were involved in this. Some of the takeaways we have from this, number one, I think the key thing was, you know, a very strong private and public partnership, because at the end of the day, we really -- you know, we love our elected officials, but we really look to the private sector to tell us, you know, what's it like to do business here? Because they know. They know what it's like dealing with the various local and state issues. So I think it starts with the private sector that's got to be very strong in this, but it needs full public sector support if we're going to have a successful program. And I do think, because this area doesn't have a major urban center, like a Miami or Tampa, for example, the regional approach makes perfect sense, because between Lee, Collier, and the surrounding counties, you're really it all, but alone you really don't have enough, in my opinion, to attract a lot of other major corporations. And I think the new efforts to develop a regional approach to economic development will pay off big time. And, you know, that's why it's the only commitment that Hertz has made at this point in the region to a new sponsorship activity is to the regional development effort because, A, we think it's very important, we think it can be successful and, third, we think we have a lot to offer to help in that, and we're committed to doing that. Page 41 December 10-11, 2013 The other thing I would say that you need -- and I think Collier needs this a little bit more than Lee does right now -- is a really focused branding and marketing effort, because if you talk to people around the country, they might say about Naples, well, it's a place where rich white people go to retire. And I know that will sound kind of strong, but that's the impression folks have. But we learned in the process of coming down here that this is a much more diverse community than that, but we had to go looking for it. It didn't jump out at us as we started our analysis. And I think, to some degree, you're being branded. You're not branding yourself. And I think that effort has to happen. And if you do that, you really have a lot to sell beyond, obviously, the wonderful lifestyle there is down here. There is economic opportunity here. There are great schools down here. There are great -- there's great medical infrastructure here. There's a great transportation infrastructure here. But you've got to sell it. The next would be the incentive program, and I don't want to ever -- I'm a businessperson. I don't want to underestimate that. But it's not always about just hard dollars. We would count, for example, tax abatements and a streamlined regulatory process as every bit as important as hard dollars that we could get from the state or local government. And when I talk about an expedited regulatory process, I'm not talking about suspending the rules to give us a break. I'm talking about, you know, if you've got rules, helping us work through that process as quickly and as efficiently as possible, because we want to, obviously, come here and obey the rules but want to get through the process as quickly as possible. The other aspect, I think, would be, as we come down here, a lot of our families and the management team are really looking at, you know, what I'll call -- we call -- the jargon is the talent pipeline, and that really is just people who we can hire for entry level jobs all the Page 42 December 10-11, 2013 way up to mid management and top level management. And that's really going to be a function of how strong the local school systems are and how strong the post secondary education systems are. And, you know, we've been impressed, as we were looking at this area, about the growth potential, especially for FGCU, and we're going to have a strong partnership with them. And I know Edison's making strides forward, and we see opportunity with them as well as with Hodges and some of the other institutions. But, again, I would say to the extent that, you know, the community can support the post secondary education system and propel that, that's going to be a big difference for a company like ours which has hiring needs. And I think if those things can happen in partnership with the neighboring counties, the sky is the limit because I think, as I've said, I believe the answer to the Forbes article question is, yes, other companies will follow, and it's just a question of, you know, really, making the most of what you've got and selling yourselves. That's really it, Commissioner Hiller. And if there are any questions, I'd be happy to take those. CHAIRWOMAN HILLER: Members of the board, do you have any questions? Commissioners? COMMISSIONER FIALA: No. CHAIRWOMAN HILLER: No questions? COMMISSIONER FIALA: It was a wonderful presentation. UNIDENTIFIED SPEAKER: How do you know more about our county when you don't even live here? COMMISSIONER FIALA: It was a wonderful presentation, and I'd like to say this: I think that you've given us some great points to work on. I think a lot of our people are already moving in that direction but, more importantly, now you've given us the ability to realize the importance of these different things, especially branding; that was very interesting. Page 43 December 10-11, 2013 MR. BROOME: Thank you, Commissioner. CHAIRWOMAN HILLER: I think the point you made is extremely important, and that is that we do have to brand ourselves and we do have to market ourselves because, quite frankly, we can't let anyone do that for us, or what they will do is give us a negative reputation, and they will do it to their competitive advantage. I mean, it is business, and that's the name of the game. MR. BROOME: Right. CHAIRWOMAN HILLER: So as quickly as we can, we need to do that. And I believe that we are, right now, in the process of engaging -- and hopefully the board will accept the proposal -- a consultant who will put a plan together to help us figure out how to properly brand ourselves and sell ourselves, because that is what it's about. I mean, we certainly have so much to offer, and you're absolutely right, it is about regionalism because, very clearly, individually, none of us have enough but collectively we have more than our competitors, and that's why you picked us, and we're very grateful that you did. And we'll certainly be here to help you as you establish yourself. I know many of you have bought homes in my district. I know there have been a few laggards who have gone to, like, Coyle's district, but we'll just ignore that. COMMISSIONER COYLE: We welcome more. CHAIRWOMAN HILLER: And I was going to say, you know, anything that we can do to support you in the way of schools -- because we do have a wonderful public school system. We have incredible private schools. We have, as you know and have mentioned, an outstanding university. You have office space in my district. To the extent that you need any improvements to that space that require permits, Nick Casalanguida is head of Growth Management, and if you need expedited permitting to get that done, Page 44 December 10-11, 2013 we will be there for you because we are as aggressive, if not more aggressive than Lee when the rubber meets the road. So thank you. MR. BROOME: Thank you, Commissioner. And, again, anything we can do to help the commission and the county with your branding efforts or other efforts, just give me a call, and we'll be 100 percent supportive. CHAIRWOMAN HILLER: We would really welcome your feedback. And when we get this report back, if you don't mind sitting down with us and reviewing it and giving us guidance as to what you think is strong or weak, that would certainly be beneficial, because I know it's in your interest to -- MR. BROOME: Absolutely. CHAIRWOMAN HILLER: -- see this area grow economically as well. MR. BROOME: That's absolutely true. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I just cannot ignore the comment by one of the members of the audience that recently exited the room. I think you know our county very, very well. I think you described it properly. But in -- as in most places, there are people who are completely resistant to change of any kind. I want you to know that those people are in a very, very small minority, and we are fully supportive of your business here in Collier County. We hope it grows. We'll do whatever we can to make it grow. And we're going to use your example to try to get other people here. So thank you very much. CHAIRWOMAN HILLER: Absolutely. MR. BROOME: Thank you. Thank you very much. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes, sir. Mr. Broome, I'd like to thank you very much, sir, for being such a positive advocate for Florida and our region and for taking time today, and I also want to Page 45 December 10-11, 2013 really appreciate you for your very focused remarks to Collier County. Thank you for your time, sir. MR. BROOME: Thank you, sir. CHAIRWOMAN HILLER: Thank you. Thank you so much. Item #10A COLLIER COUNTY BOARD OF COMMISSIONERS PLEDGE ITS SUPPORT TO THE REGIONAL ECONOMIC DEVELOPMENT INITIATIVE KNOWN AS THE SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE ("SWFEDA") AS A CORNERSTONE MEMBER IN THE AMOUNT OF $10,000 PER YEAR FOR THE NEXT THREE YEARS. THE INTENT OF THE ALLIANCE IS TO JOIN THE SEPARATE ORGANIZATIONS IN SOUTHWEST FLORIDA THAT WORK ON ECONOMIC DEVELOPMENT EFFORTS AT THE COUNTY AND CITY LEVELS IN ORDER TO PROMOTE THE REGION. THE REGIONAL ORGANIZATION WILL DEVELOP THE REGION'S BRAND THAT WILL SERVE TO ATTRACT COMPANIES AND THEIR SITE SELECTORS, SINCE THEY LOOK AT REGIONS, NOT CITY AND COUNTY BOUNDARIES. ADDITIONAL BENEFITS OF MEMBERSHIP WILL INCLUDE THE COUNTY'S LOGO ON THE REGIONAL WEBSITE, ALONG WITH OTHER INFORMATION ABOUT COLLIER COUNTY, THE RIGHT TO USE THE SWFEDA LOGO, THE COUNTY'S LOGO ON SWFEDA PRINT MATERIAL, PARTICIPATION IN THE ROUNDTABLES, AND RECOGNITION AT REGIONAL ECONOMIC DEVELOPMENT EVENTS. THE COUNTY WILL BE OFFICIALLY RECOGNIZED AS A PROMOTER AND SUPPORTER OF REGIONALISM, ALL IN THE INTEREST OF ECONOMIC GROWTH AND PROSPERITY — APPROVED Page 46 December 10-11, 2013 MR. OCHS: Madam Chair, that takes us to our next time-certain item this morning. It is Item 10A under Board of County Commissioners. And this is a recommendation that the board pledge its support to the Regional Economic Development initiative known as the Southwest Florida Economic Development Alliance as a cornerstone member in the amount of$10,000 per year for the next three years. CHAIRWOMAN HILLER: Members of the board, we're very fortunate today to have Al Reynolds presenting to us as to what this whole regionalism initiative is up to in Southwest Florida. Mr. Reynolds will present to you what I had the opportunity to hear presented at a forum at a regional -- a regionalism forum several weeks ago at Florida Gulf Coast University. I believe Commissioner Henning was in attendance as well. It was most impressive. And while in the audience listening to what Mr. Reynolds and others had to say about regionalism and about the alliance, I was moved to come out and let the alliance know that I believed our board would be supportive and would step up to the plate and be a contributor, not just in attendance but also financially at the ground floor level of this program. And that is why today I am bringing forward this request to ask you to approve a $10,000 per year contribution for the next three years with the understanding that we cannot commit next year's board or the future board to that dollar figure, but at least for this year, to contribute $10,000 with the expectation that we will do the same the next year and the year after in the support of the alliance initiative so it can move forward and so we can have a seat at the table and a voice as Collier County. At that meeting, I challenged my fellow chair in Lee County to do the same. And so hopefully this December he'll be bringing the same request to his board. Theresa Heitmann from the city stood up Page 47 December 10-11, 2013 and said that she would do the same with city council, and one of the council members from Bonita said he would do the same as well. I hope that this will be the start of a momentum that will bring all the counties and cities to the table, and hopefully they will all join the alliance and become donating as well as actively participating members. I will refrain from making a motion right now. I will go ahead and I will let Al make his presentation, then allow the speakers to speak, then hopefully I will get support for the motion to support you and your initiative. Go ahead, Al. MR. REYNOLDS: Thank you, Madam Chair, and thank you to the board for the invitation to come talk to you this morning about the Southwest Florida Economic Development Alliance. And I also want to first thank Richard Broome and the Hertz Corporation for not only picking Southwest Florida for their new headquarters, but for their public support of our regional initiative. And, frankly, he's already, I think, made the case better than I can as to how important it is for Southwest Florida to have a regional effort to market and brand Southwest Florida. We, as a region -- and when we talk about the region, it's the five county region -- are better together. And one of the reasons we're better together is because when we put our region together as a whole, we have a population of over a million people. We have a workforce of over 500,000. We have much higher national visibility and, frankly, we have everything to offer as a region that, individually, as cities and counties, we simply don't have. And so the idea of having a regional effort to market Southwest Florida, we believe, is extremely important. Sadly, as we are here today, the only populous region in Florida that does not currently have a regional effort -- and we're in the process of changing that, and I'm pleased to report that we are ready to launch in the first quarter of next year. Page 48 December 10-11, 2013 We believe that a marketing engine for all of Southwest Florida is going to serve as an enhancement to what is being done by the great EDOs across Southwest Florida. This is an enhancement, not a replacement to anything that's being done by any of the existing economic development organizations. And we are going to be very focused on a mission that is targeted to recruiting and providing good and valuable information to site selectors, to people who are making the decisions about relocating businesses to Southwest Florida. You all, I think, were aware that we've been working on this for over a year now. It was -- we called ourselves Regional Economic Development initiative, and it was started, really, by a joint effort between Florida Gulf Coast University, the Horizon Council in Lee County, and the chambers partnership here in Collier County. So that was the group that started the process rolling. And our goal, ultimately, is to have an organization that truly represents all of Southwest Florida, all of the counties, and all of the cities that choose to participate in this effort. We think that it's really important that we have a non jurisdictional perspective when we look at putting ourselves forward to the world. Professional excellence and collaboration with all of the Economic Development Organizations throughout Southwest Florida is key. Establishing and maintaining those strong relationships going forward is a key to success of this kind of an organization. Very specifically, we're focused right now on the data and the analytics that site selectors and businesses need to have in order to make the decision to select us over all of the other potential opportunities. So to that end we have been building a website and a data repository at Florida Gulf Coast University that is going to have all of the necessary information, the demographics, and other kinds of things that are necessary for site selectors to support and, as Richard Page 49 December 10-11, 2013 mentioned, a strong brand identity that we can really focus our marketing efforts on. We have been spending a lot of time analyzing best practices about the data repository. We are pleased to tell you that we're going to be ready to launch in the first quarter of 2014. That effort was previously funded by those three organizations that I talked about. So the efforts that are underway now for fundraising are going to be focused on building the enhancements to this existing site. We have a beta version of the site that we've been analyzing and testing. This is one of the slide shots from the website. As you can see, it's going to be very focused on quality of life, because we think that's one of the leading advantages that Southwest Florida can offer in addition to all the other great things that we have. The website is going to include information and linkages to all of the counties and all of the cities. It will be all pulled together as a unified effort. And we will have testimonials. We will have synopses of all the things, the workforce, the educational opportunities; all of those things will be brought together into this website. We will also be highlighting each of the counties' individual efforts, the Collier County Economic Development Organization, and all of the things that you have and are going to continue to do here in Collier County will be integrated into the whole effort. So we are a -- we are an organization in formation. We are incorporated. We're in the process of building our business plan. I'm pleased to tell you that next week we're going to be launching an effort through the funding from the Department of Economic Affairs of the state in a grant to build our business plan. The Regional Planning Council's going to help us with that. We have started our fundraising process, and I'm going to be giving you a very brief report in just a second. As I said, we're going to be launching the website. So we've got a lot of things that are going, and we are ready to go. And, again, we Page 50 December 10-11, 2013 really appreciate the offer of support from Collier County. This is going to take a couple of years to get this organization, you know, fully up to where we think it can be, but we're going to stay focused on our mission. Everything we do is going to be of the highest quality, and everything will be oriented towards the idea of a true public/private collaborative effort and an alignment among all of the organizations of Southwest Florida. We have had some good success in our fundraising for the past couple months. I'm pleased to report that as of today we have just reached $160,000 annual over three years, so almost a $480,000 commitment coming from the private sector of Southwest Florida. The Horizon Council and the Partnership for Collier's Future were, obviously, the key founding sponsors along with Florida Gulf Coast University. But as you can see, we have some fantastic companies that have pledged their support. And the catalyst investors, this is a list that keeps growing. And next time I give you a report, we'll have a couple more slides I think that we can add some names to. So I just want to thank you very much for the invitation to tell you that we believe that this is an important component of the overall economic development efforts that are going to be transforming the economy of Southwest Florida, and we will have more successes to celebrate like we have celebrated with bringing Hertz to Southwest Florida. Thank you very much. CHAIRWOMAN HILLER: Thank you so much for your presentation. And just for the benefit of the audience, the region is made up of Charlotte, Glades, Hendry, Lee, and Collier Counties. It's a five county region that we are calling Southwest Florida. MR. REYNOLDS: That's correct. CHAIRWOMAN HILLER: Thank you. MR. REYNOLDS: Thank you very much. CHAIRWOMAN HILLER: Members of the board, would you Page 51 December 10-11, 2013 like to ask Al any questions, or shall we go straight to public speakers? COMMISSIONER FIALA: Public speakers. MR. OCHS: Madam Chair? CHAIRWOMAN HILLER: One second. I believe Commissioner Henning would like to address Mr. Reynolds. COMMISSIONER HENNING: Well, what's important about the presentation is a lot of those companies were companies based in Collier County looking to put their money into this program of regionalism. And, comparably, what is on our agenda is a pittance compared to what the community -- business community is dedicated to. So I'm excited about it. I wasn't last year, but I think you guys -- Al, you did a great job, and -- CHAIRWOMAN HILLER: Great leadership. COMMISSIONER HENNING: Yep. CHAIRWOMAN HILLER: Yep, really great leadership from the private sector, and that's what's so important based on what Mr. Broome said, that if we don't have the private sector partnering with the public sector and the private sector really leading the charge in terms of the marketing and the branding, the promotion, and the sales, it's not going to happen. So we're so grateful to all of you for taking the initiative, because this is truly the first time this has happened. MR. REYNOLDS: Thank you very much. And it's been a big collaborative effort with a lot of folks, and many of whom are in the room today that have got us to this point, so I appreciate that very much. CHAIRWOMAN HILLER: Let's go to our public speakers. MR. MILLER: We have one registered public speaker for Item 10A, Bob Krasowski. CHAIRWOMAN HILLER: We also have Mr. Broome. Mr. Page 52 December 10-11, 2013 Anderson was going to -- or Mr. Register, I'm sorry, was going to turn in a speaker slip, I believe. MR. OCHS: He was going to speak as one of the presenters, Mr. Broome. CHAIRWOMAN HILLER: Oh, all right. That's fine. MR. KRASOWSKI: Should I wait till he's done presenting? CHAIRWOMAN HILLER: It's your choice. MR. KRASOWSKI: Okay. I'll wait till he's done. CHAIRWOMAN HILLER: Yeah, that would be fine. MR. KRASOWSKI: Sure. CHAIRWOMAN HILLER: Thank you. Go ahead. MR. OCHS: Mr. Broome had agreed to make a few comments. CHAIRWOMAN HILLER: Oh, would you like to -- Okay, go ahead, Mr. Broome. I thought you were going to be a speaker. But if you'd like to be a presenter then, please, go right ahead. MR. Broome: I think I've said more than enough, so thank you very much. CHAIRWOMAN HILLER: Well, you know what, could you just add that you support regionalism and that you also made a pledge. We saw your name up there -- MR. Broome: Yes. CHAIRWOMAN HILLER: -- but it was a momentous event when, in the middle of the meeting -- and you made a really good point, and the point you made was that, unlike me, who had to come back to the board and get the five of us to agree, you were able to do it really simply, which was picking up your cell phone, calling your fearless leader and saying, let's get it done, and he said yes, and that was it, and you stood up at the podium and said, we're pledged, we're in. And so thank you very much for making that your first Page 53 December 10-11, 2013 commitment. MR. Broome: Yeah. It might have been a little easier for us, but I think it sends a huge signal to a lot of businesses to know that the elected officials are onboard as well, so that combined message is very, very powerful. But, again, thank you very much. I have nothing else to add. CHAIRWOMAN HILLER: Thank you. Thanks. Bob? MR. KRASOWSKI: Good morning. For the record, my name's Bob Krasowski. I guess that's my concern here is this -- the new and upcoming fearless leader. I think that Collier -- CHAIRWOMAN HILLER: Leadership, which is everyone in the community. MR. KRASOWSKI: No, it's not everyone in the community. It's the business community taking over the government, and you have these alliances -- and I respect these people. They're very impressive and very capable, but I think there should be a separation between the local business community and the county government. We have processes of different committees and councils that advise the board, they're public participation, and they operate under the Sunshine. With these various suggestions of where taxpayers are supposed to provide money to support, you have no regulation that you must allow us to attend, you must allow us, the public, to speak. So you're getting into this government arena. In the '80s when we opposed a big trash incinerator, we referred to it as soft Neo-American fascism, which was kind of a rallying cry and an extreme position, but that's kind of what it is. I mean, you've got the business, you have the government. All we need is the police beating us down when we don't think or do what you say. So I don't support you spending any money to do this. We don't have to go, as a government, kowtowing and spending money to Page 54 December 10-11, 2013 support these efforts. We have committees. We can have a regional council of people representing each county. It could be in the open. These people can come to it and contribute to it, but we can maintain it as an independent individual government type of operation. Once again, it's out of our view. It's not in the Sunshine. It's not transparent. And that's pretty much -- you know, and the county can be supportive with different zoning type of things and participating in various opportunities that allow these people to come, but you have to keep it open to the people and transparent. There's other things coming up. I'll be back for those. Thank you very much. CHAIRWOMAN HILLER: Thank you. Commissioner Henning? COMMISSIONER HENNING: Thank you. The regional -- Southwest Florida Regional Planning Council is going to be the clearinghouse for this program of the regionalism. Another thing that's really exciting, when I went to the presentation, it's about, you know, all the environmental attributes that we have and want to enhance. That's what they're going to do. And I hate to see continuing opposing of what we're trying to do for the community, whether it be beaches for our residents or visitors or trying to create an atmosphere so our children here in Collier County going to school do not have to leave the region as they have since I went to school. And that's what it's really all about for me is a choice for our students to -- our children to find a job. COMMISSIONER FIALA: Commissioner? CHAIRWOMAN HILLER: Go ahead. COMMISSIONER FIALA: Yes. I totally support a regional public/private partnership. I think that's the way for us to move into the new light of business, and I think it's about time we got there. Page 55 December 10-11, 2013 We've maybe been a little bit stagnant in the past, and I would like to make a motion that we become a cornerstone member by authorizing $10,000 a year for three years to begin this partnership. CHAIRWOMAN HILLER: Thank you, Commissioner Fiala. Do I have a second? COMMISSIONER COYLE: Second. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All right. Would you like to flip a coin? Commissioner Nance, we'll give you the second. I think you and Commissioner Fiala make a nice partnership together. Any further discussion on this? COMMISSIONER NANCE: I'd just like to make a -- just a couple remarks. CHAIRWOMAN HILLER: Yes. COMMISSIONER NANCE: I believe that regionalism is the new reality across the nation, and it's so very, very important. I believe that making decisions in a vacuum on the part of many governments have led us to most of the problems that we experience today, and I'm very, very excited about reaching out to our other four county partners in this effort. Whether you talk about business development and economic development, which, of course, is on the front burner here, when you're talking about jobs, when you're talking about water management, environmental restoration and management, everything you want to talk about, the regional approach is always better. And, actually, to Mr. Krasowski's remarks, you know that we receive taxes and represent the people, but we also tax our businesses, and we represent them. So I believe that representation by the government for business is, indeed, just as important as for any single individual. And I'm happy to be part of it, and I endorse this effort 100 percent. CHAIRWOMAN HILLER: Very well said, Commissioner Page 56 December 10-11, 2013 Nance. With that, I'm going to call the question. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. With that, we're going to take a ten-minute hard break. We're six minutes over. We were going to break at 10:30. So what does that make it, Leo? Help me. MR. OCHS: 10:46. CHAIRWOMAN HILLER: Wow, thanks. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, if you could please take your seats, we can proceed with the meeting. CHAIRWOMAN HILLER: Leo? Item #10B THE BOARD OF COUNTY COMMISSIONERS APPROVE SHARING IN THE COST OF ENGAGING A PROFESSIONAL CONSULTING FIRM WITH THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY (A SUBSIDIARY OF COLLIER'S CHAMBER OF COMMERCE), TO DRAFT A "COMMUNITY AND ECONOMIC DEVELOPMENT STRATEGIC PLAN" FOR THE BENEFIT OF COLLIER COUNTY. THE TOTAL ESTIMATED COST OF THE PROJECT IS $222,000. THE COUNTY'S NOT TO EXCEED SHARE OF Page 57 December 10-11, 2013 THE PROJECT COST IS $111,000 WHICH INCLUDES ONE HALF OF THE CONSULTING SERVICES CONTRACT COSTS ($71,000) AND ONE HALF OF THE PARTNERSHIP'S ALLOCATED INTERNAL PROJECT MANAGEMENT AND OVERHEAD EXPENSES ($40,000). THE PLAN SHALL OUTLINE THE NECESSARY STEPS NEEDED TO BRAND, MARKET, PROMOTE AND SELL THE COUNTY AS AN ECONOMIC DEVELOPMENT DESTINATION FOR RELOCATING BUSINESSES AND FOR ENTREPRENEURIAL GROWTH, ALL IN THE INTEREST OF PROMOTING AN ENVIRONMENT THAT ALLOWS FOR JOB CREATION. IN ADDITION, AUTHORIZE THE BOARD TO WAIVE THE COMPETITIVE SOLICITATION REQUIREMENTS PURSUANT TO SECTION V(A) OF THE PURCHASING POLICY — APPROVED MR. OCHS: Madam Chair, that takes us to our next time-certain item on this morning's agenda. It's Item 10B. This is a recommendation that the Board of County Commissioners approve sharing in the cost of engaging a professional consulting firm with a Partnership for Collier's Future Economy to draft a community and economic development strategic plan for the benefit of Collier County. CHAIRWOMAN HILLER: Thank you. Ladies and gentlemen, the board directed that staff work with the chamber to start developing the public/private partnership as Mr. Broome described is so important and fundamental to the economic development success of Collier County. And to that end, the first step that was identified was the need to come up with a plan, a plan to brand Collier County, a plan to market Collier County, a plan to promote and sell Collier County. And that plan will be put together by an outside consultant. Page 58 December 10-11, 2013 The recommendation is that the Board of County Commissioners will share in the cost with the chamber and that as a result, we will, again, have a seat at the table and be in partnership with the private sector as we move forward with this initiative. So I'm going to go ahead and turn the podium over to Mr. Wynn, and Mr. Wynn is the chair of the Naples Chamber of Commerce, who will present. He will be followed by Julie Schmelzle, and then John Cox, who is the Executive Director of the Chamber. And I should add that Julie is on the Board of the Chamber. So we will have a presentation from the chamber side as to who we are contracting with and what they will be doing for the benefit of Collier County. Go ahead. MR. WYNN: Good morning, Madam Chair, Commissioners. My name is Michael Wynn. I'm chair of the Greater Naples Chamber of Commerce and President of Sunshine Ace Hardware. I appreciate the opportunity to briefly speak to you today about the proposed contract between Collier County Government and the Partnership for Collier's Future Economy. It's over a year ago today, or over a year ago, actually, I'm sorry, that many of the same people in this room asked that you approve the office of business and economic development. And you not only approved that, but you did so unanimously, and we're asking for that same unanimous support today. Now, your vote to approve this agreement will accomplish several things. First, you'll send a message that you're doubling down on your commitment to build a spirit of collegiality and appropriately divide responsibilities that play to the strengths of both government and the private sector. You'll also be endorsing the private/public partnership recommendation that came out of the 2012 comparative study. Second, you'll be recognizing our need to be organized in our approach to promote the business opportunities in Collier County by Page 59 December 10-11, 2013 enlisting one of the foremost international professionals in building sustainable and diverse economies, that being Market Street Services and their Principal, Mac Holaday. Now, his strategic planning approach is one that is sensitive to the importance of a broad outreach to the diverse interests in the community and making sure that all have a voice in the process. Finally, your vote represents an acknowledgment that we have to learn our lesson from this recent downturn. We've all seen firsthand how our core industries, agricultural, construction, tourism, have all been severely impacted. And, unfortunately, thousands of local families are the all-too-real victims of that downturn, and many lost their homes; many are still looking for work now. And although we can't prevent future swings in the economy, we can minimize their impact by taking proactive steps. This agreement is a strong proactive step, a 50/50 partnership between the private and public sector. Now, this partnership will challenge all of us to find ways to effectively compete with other counties for businesses that complement the unique character of Collier County, and it will require us to continue the progress that's already been made in removing unnecessary regulation and streamlining the permitting and development process. So we need your unanimous support in approving this agreement. Doing so will ensure that Collier County is known as a community that embraces business and will reaffirm the fact that a prosperous economy is vital to retaining the quality of life that has made this such a beautiful area of the world. CHAIRWOMAN HILLER: Thank you. MS. SCHMELZLE: Hi. Good morning, Commissioners. My name is Julie Schmelzle, and I'm honored to be speaking with you today in the role as chairman of the Partnership for Collier's Future Economy. Page 60 December 10-11, 2013 I've had the good fortune of living in Collier County for the last 24 years, drawn to this community by the opportunity to create a life with my husband as he purchased and built a small company. To create -- and I joined a large financial services company to pursue a career serving business clients throughout South Florida. Hard works, great clients and associates, and a little luck -- I've enjoyed a long-time career here, seeing a variety of-- serving a variety of businesses ranging from small business, privately owned companies, to large public and multi nationals. George and I have been blessed with three children who were born at North Collier Hospital, and they still fondly call this place home. While one has already moved on to college and two are close behind, I want them to go out and see what's out there for them in the world but, ultimately, I'd like to see their return home for the same opportunities that were afforded to me. So here we are. Conversations and actions over the last six months are pointedly centered around economic -- the topic today, which is economic development, job retention, expansion, and attraction, a diversified community, contemplating the plans and, therefore, the steps that we'll need to take together to craft and mold the future of our community. I believe that this is the first time that we have had the broader community involved in these conversations, and here we stand today setting the direction and the tone. We celebrate the significance of a Fortune 300 company, Hertz, and, yes, this is a big deal, but to also hone in on the significance of companies like the one that was featured on the Naples Daily News yesterday. They were working from their home on an app that will serve us to be more efficient in our eBay interne sales. But then you also have the job creator of a private enterprise in the form of the company and people behind Arthrex, all of whom have Page 61 December 10-11, 2013 selected Collier County as their home from which to create opportunity and sustainable businesses. They have vested and invested in calling this place home. It would be easy to forget; it's been a short six years since we popped our bubble, that bubble that was blown and built on population growth, that required the existence of a variety of companies, local companies but, unfortunately, those that are more susceptible to cyclicality. So we all saw and experienced the loss of jobs, livelihoods, the loss of property, and a sustained period of correction. Lower revenues, lightening expenses, lower profits, if you have profits, and trepidation as to whether they, those businesses, their livelihood would survive and whether they would be able to offer employment to their employees. So fast forward to today. In daily conversations with business owners and senior management that I have, the sentiment is that, yeah, we have recovered, that things are moderately good, but not great. We've heard the term "the new norm." We've been hovering in moderate growth with pragmatic measured growth in employment. There remain too many unknowns, and memories, thankfully, have remained long, because there's still some resistance to putting capital to work. We will hopefully always be attractive as a tourism destination, which translates into calling this place home. Construction and supporting lifestyle services along with agriculture will always be elements of who we are and what comprises our historical industry. Yet, it is the partnership and my sincere focus to take the opportunity before us and craft our future in a very thoughtful way. A plan, more importantly an execution of that plan,that reflects who we are, where we have come, our roots but, more importantly, where we can go together. There's real work for us to pursue. I'm expecting active Page 62 December 10-11, 2013 engagement by the partnership board, many of whom are here today, the County Commission, and a dedicated staff, along with a community reflection in the form of a steering committee that you're going to be hearing more about, that will lead our community visioning, all of whom I would expect to get behind this work. I'd like to end by emphasizing that we have a great opportunity to do something, something for our community together. It will take all of us to contemplate the good fortunes afforded by our history but, more importantly, envisioning the future. The partnership board and I look forward to the opportunities ahead. Thank you. CHAIRWOMAN HILLER: Thank you. MR. COX: Madam Chair and members of the commission, good morning. It's a privilege and honor to be here before you. In conversations that we've held in the community and conversation I've had with you, you know that we believe that the economy is best served when good government and good business work together. In the late '80s or in -- as late as 1990, the president of AT&T said that the future of economic development is regional, and the regions are defined by partnerships, and those partnerships begin at the local level. And so as many of us have worked hard to advance the initiative that Al Reynolds has put before you this morning, we also know that in order for Collier County to be strong at the table on a regional basis, not just with respect to providing funding that you have agreed to do and many of our businesses have, we have to be strong as a local community with respect to economic development. There are more than 3,100 counties in the United States. All of them that want to be competitive are out there doing what we are proposing, and that is analyzing what their current situation is, examining from a competitive standpoint how they not only fare in their own state, but how they compete nationally. Page 63 December 10-11, 2013 In over 20 years of being a recruiter, I've never competed for a single project in Southwest Florida and, as Al said earlier, the only region in Florida that does not have a named partnership is Southwest Florida. There's a lot of work to do, and so we are asking that we begin with this competitive assessment, that it ends with an implementation stage that gives us a clear path for economic development, partnering with you, the community, and the business community over the next three to five years. In meeting with your county manager and his Department of Economic Development as early as August, he spoke about the desire for this strategic plan, and we're glad to take hold of it and move forward. Thank you so much for the opportunity, and I'd be happy to take questions if you have them. CHAIRWOMAN HILLER: Thank you. Members of the board? Commissioner Fiala? COMMISSIONER FIALA: I think Commissioner Coyle was first. CHAIRWOMAN HILLER: Oh, Commissioner Coyle. COMMISSIONER COYLE: That's all right. Ladies can go first. COMMISSIONER FIALA: Oh, okay, fine. Good. First of all, just on a personal note, Julie, I remember you and George when you came to town. George was in my Kiwanis Club, and you were just thinking of having children. MS. SCHMELZLE: That's a long time ago. COMMISSIONER FIALA: I felt a real personal connection there. Anyway, moving on. I think that as you're talking about streamlining our process here, permitting and so forth -- and you gave a very good speech, Michael, about the streamlining of the process, I have to say that our county, especially Nick Casalanguida and his Page 64 December 10-11, 2013 whole team, have been working for over a year, and you'll hear that from much -- from many, many people in the building community. They've been finding out what the problems were and correcting them, and each time a new one presents itself, again they tackle it. And I have to say that we're ready to assist you from all of our permitting and streamlining that's in place. And any other little stubs of the toe, we'll fix them. Thank you. MR. COX: That's why we called it good government and good business. CHAIRWOMAN HILLER: Right. And, in fact, I'd like to expound on what Commissioner Fiala said. When I present the state of the county later today, I think what you will hear is -- and just a non- ending list of everything that Collier County has done over this past year to do exactly what Commissioner Fiala is describing. You know, we're in a new reality, and we are living up to the expectations of the community, and the proof is in the pudding. So, yeah, growth management, Nick, thank you very much for all you're doing; Leo, thank you for all you're doing. Absolutely fantastic. Commissioner Coyle? COMMISSIONER COYLE: Yeah. Some of the people involved in this process are relatively new to the process, I think. And I think it's important that we take a very close look at the necessary steps that you've outlined here, just as you provide guidance to the consultant. You say the necessary steps needed to brand, market, promote, and sell. The last time I remember sitting in a conference room discussing this was four to five years ago. And my observation was that there's a difference between what we do to brand, market, and sell tourism and what we do to brand, market, and sell new businesses. There's a difference, but there's not a lot of difference. Page 65 December 10-11, 2013 It's absolutely essential, in my opinion, that the branding process be closely coordinated with the TDC. They have spent years trying to define a brand that is effective in bringing tourism here. It would be very unfortunate if we develop another brand that is not mutually supporting, so -- and that means that perhaps we can improve on the TDC's tourism marketing and we can improve on our economic development marketing. But I think that we need to coordinate those two things, and I would hope that you would give appropriate guidance to your consultant to accomplish that goal. I know that it was started. The dissolution of the EDC stopped that effort, and I don't know how much progress was made at that point in time, but it is certainly, I think, an important criteria for your consultant to consider. Okay. MR. COX: Thank you. CHAIRWOMAN HILLER: Thank you. Commissioner Henning, and then Commissioner Nance. And then we're going to go to public comment. COMMISSIONER HENNING: Okay. This is not CCNA; however, it meets the threshold for going out to bid. Are we being asked to waive that? MR. OCHS: Yes, sir. That's part of your recommendation is -- CHAIRWOMAN HILLER: Yes. COMMISSIONER HENNING: Okay. And then -- CHAIRWOMAN HILLER: And just so you know, Commissioner Henning, if I may interrupt, all of this has been vetted with the Clerk of Courts, and he said -- as well as with the county attorney -- that we could, since the chamber is actually hiring the consultant and we're making a contribution towards the cost, that we do have the ability to waive competitive solicitation requirements. And also, for your comfort, you ought to know that the clerk has the ability to fully audit the full use of these public funds and, you Page 66 December 10-11, 2013 know, any of the transactions that the partnership engages in with respect to our participation. COMMISSIONER HENNING: Well, you answered my second question. So we will be actually stroking a check to the Naples Chamber. CHAIRWOMAN HILLER: To the partnership, yes, which is a subsidiary of the chamber, in effect, yes. COMMISSIONER HENNING: And they will bill us. I mean, there's no agreement attached. CHAIRWOMAN HILLER: There is an agreement. There -- County Attorney, did you not upload the agreement into Sire? COMMISSIONER HENNING: I was late getting my app -- MR. OCHS: Yes. COMMISSIONER HENNING: -- for the agenda. CHAIRWOMAN HILLER: I believe it should have been uploaded. COMMISSIONER HENNING: It is there? MR. OCHS: Yes, sir. COMMISSIONER HENNING: Okay. There's an agreement. CHAIRWOMAN HILLER: And just so you also know, the county attorney has reviewed that agreement as well and has found it to be legally appropriate. COMMISSIONER HENNING: Okay. Well, thank you so much. CHAIRWOMAN HILLER: My pleasure. Commissioner Nance? COMMISSIONER NANCE: Yes. I think this is an exciting opportunity to bring together a lot of the moving parts that are coming to light. Very, very excited about having Mr. Register and Mr. Cox here providing leadership in the manner that they are. And if you'll go through today's agenda and the last workshop, you may have noticed Page 67 December 10-11, 2013 or participated or looked at that online. I think it's essential that we have something like this study to bring some of these moving parts together. A lot of these things are interrelated. For example, elsewhere in this agenda you're going to see where our chair, Commissioner Hiller, is proposing an additional liaison for community and economic development, which is very, very exciting, and I think through this analysis it's laid out in the Market Street study. And I would encourage -- if each of you haven't looked at the summary on that that's in the backup, I would encourage you to do that. It starts to bring some of these things together in a very meaningful way. And I would like to just address one thing that Commissioner Coyle said. You know, tourism and the TDC, which is our industry that is our most visible industry and the thing that we are thus noted for, has had their development council for years and years and years. I believe, had Collier County had an economic development council and a business and industry council that were putting as much effort as tourism did into their focused activities that we, indeed, would be in a much different place today than we are. So I look forward to putting some of these things together. I will say in the proposal, under Phase 2 -- and I'm going to go to a specific, which is probably not appropriate here since it's a wider discussion, but I certainly want to make sure that the accelerator feasibility white paper and the three focal business sectors that we have there coincide in the target business analysis in the study. And one of the things that I must mention, being the easternmost commissioner, is that agribusiness and sustainable technologies were omitted, and I certainly know that that's really an oversight that we can correct. But I want to -- CHAIRWOMAN HILLER: It's not intended, and it should not be intended -- Page 68 December 10-11, 2013 COMMISSIONER NANCE: I know. CHAIRWOMAN HILLER: -- to be limited to those industries. COMMISSIONER NANCE: No, I know. CHAIRWOMAN HILLER: I mean, they need to look at the totality. COMMISSIONER NANCE: But what I'm saying is that this study is really the thing that is going to tie a lot of these things together and make them functional, and I'm tremendously supportive of everyone's efforts. The buzz in this room is something that I haven't experienced in total, and I think it's wonderful. CHAIRWOMAN HILLER: Thank you so much. Public speakers, please. MR. MILLER: Yes, Madam Chair. We have six registered speakers for Item 10B. First, Lydia Galton. She'll be followed by Ron Rice. MS. GALTON: Good morning, Commissioners. CHAIRWOMAN HILLER: Good morning, Lydia. MS. GALTON: For the record, my name is Lydia Galton, and I'm here representing the Collier Citizens Council, a coalition of community leaders from throughout Collier County. The council strongly supports the vision and plan for economic development as put forth by John Cox, President of The Greater Naples Chamber of Commerce. We believe John is proposing to partner with Collier County and to set up a private -- a public/private partnership that's essential for the effectiveness of business growth in the future. We especially applaud John's effort to promote community involvement in the process. The Collier Citizens Council urges County Commissioners to accept and implement John Cox's plan. And I want to also say that, whereas, I am representing the Collier Citizens Council, there are many other private citizens from Page 69 December 10-11, 2013 many other organizations, and I wish they would raise their hands who are supportive of this effort as well. Thank you. Any questions? CHAIRWOMAN HILLER: Thank you. No thank you, Lydia. Thanks very much. MR. MILLER: Your next speaker is Ron Rice. He'll be followed by Russell Priddy. MR. RICE: My name is Ron Rice. I'm the President of CityGate. You see CityGate on the right-hand side. There are two beautiful Marriott Hotels. That is the Water Plant behind it. We have 288 acres. We are a PUD, a DRI, and we are zoned for 2,950,000 square feet. I want to report two old experiences to you before I get to today's. I had a sale to Burger King. I sold them a site, Lot 1, which was right next to the gas station, and they wanted to build a 3,200-square-foot Burger King. And they got a bill from -- I can't believe this, but they got a bill from us for impact fees of$480,000. And the guy who owns 38 Burger Kings said, I can build the God -- excuse me, you know. Then I had a sale to a beautiful company who wanted to build a 35,000-square-foot MRI/CAT scan. Now, what you do, park your car when you go into that. And they had a contract with me, $2,154,000. My son Roger had $100,000 in escrow. They went to see -- to da, the impact fees would be $1,600,000, 75 percent of the purchase price of the land. Hello. Now, what happens -- and I'm going to tell you this. It's all good you're talking about all this go here, do this, and all that stuff. When I go to meetings in New Orleans, in Atlanta, in Chicago, and I talk to acquisition managers, you know what they say about Naples? Forget it. I wouldn't go down there for all the money in the world. I had a deal working with Carl Solstein, who was the immediate past president of Carrabba's. He went to see some of the people and Page 70 December 10-11, 2013 he said, Ron, never mind. Solstein, Carrabba's, okay. In any event, we have paid $8 million in impact fees to my friend Nick Casalanguida, we paid $5 million to get through U.S. Fish and Wildlife, and we have 380 acres someplace, and Roger's going to take me there sometime by helicopter to see it. And we are very much in favor of you turning loose Bruce and John Cox. Give them the tools that they need. But a big thing is not connections as much as it is, give them some concessions, for God's sake. That is how Lee County got Hertz. That is how they got Hertz, because they put their arms out and put them around them and said, what do you need? We'll give it to you. And that's happening all over the country. Thank you. CHAIRWOMAN HILLER: Thank you. (Applause.) MR. MILLER: Your next public speaker is Russell Priddy. He'll be followed by Michael Ramsey. MR. PRIDDY: Good morning. I'm here as a private citizen to applaud and encourage you to move forward with this study. I think of the comment that was made earlier that you can either be branded or brand yourself. And I was thinking in the 20-plus years that I've been involved on the fringes through the Planning Commission or other committees that you have appointed me to over the years, we have certainly been branded, and not in the positive light, and it is encouraging that we might finally step forward and bring ourselves, perhaps, to the light that Lee County and some other counties are in with encouraging business to move forward. I do live in the far reaches of Eastern Collier County. I am a large landowner. I would like to say that none of my land is appropriate for, perhaps, any of this development, so that's certainly not why I'm here. Although the Immokalee area, the Immokalee Airport, Ave Maria, and in Eastern Collier County is just a wonderful place for Page 71 December 10-11, 2013 some of this development to take place as we identify it and encourage that to move forward in our county. I want to switch hats on you just a moment as a trustee of Florida Gulf Coast University, and I have another trustee in the room, and Vice-President and Provost Ron Toll. The university system is moving to performance-based funding, which means we have to start proving to the taxpayers and the students and their families that we are going to produce. And one of those measurements is moving that graduate with a degree into a job. So this is fitting hand in hand and back to what Commissioner Henning said earlier, having a job for his children in this community. So all in all, I think it's great. I think it's wonderful what we're doing, and I encourage you to move forward. CHAIRWOMAN HILLER: Thank you. MR. PRIDDY: I will respectfully disagree with the gentleman earlier who said it was inappropriate to spend public dollars. I think it is very appropriate. Thank you. CHAIRWOMAN HILLER: Thank you. Commissioner Fiala, did you want to comment? COMMISSIONER FIALA: You know, I'll wait till the other -- yes, but thank you. CHAIRWOMAN HILLER: Go ahead. MR. MILLER: Your next public speaker is Michael Ramsey. He'll be followed by Bruce Anderson. MR. RAMSEY: Good morning, Commissioners. My name is Michael Ramsey. I am the president of the Golden Gate Estates Area Civic Association, which is primarily the single-family subdivision east of 951 . I don't have as much buzz about this maybe as the rest. I've heard this before a while back. This seems like we're starting over again. A little bit of dej a vu here. Our first reservation is that when you start off with the steering Page 72 December 10-11, 2013 committee of 50 people, it kind of dilutes the results all the way down through the process, because 50's hard to handle. We also have a good handle on the idea that a good project is -- you base it on your history. We remember the chamber's position when they supported, and prior activities, the utilization of taxation money for business incentive without voter approval. We hope that we don't stray to that again. We also are very concerned that the Estates was never considered a participant in this process, and we put that out there; However, on the positive side, if the chamber includes the Estates and considers us a participant, we have support. If the chamber is truly interested in developing a county wide diversification of economics and opportunities that is unselfish in its application, we will support it. And last, we're encouraged with the new leadership of the chamber, that they are truly interested in pursuing economic diversifications and opportunities that add to the three legs of the stool we have. We would like to see, not just a stool, but a big set of bleachers out there that everybody has an unselfish opportunity to participate in. So with that, I give you that the Golden Gate Estates Area Civic Association, we have a guarded optimism in our support for this. Thank you, Commissioners. CHAIRWOMAN HILLER: Thank you. I'd like to comment on what you said, Mr. Ramsey, and I'd like to go backwards with the three positives, if you mind coming up to the podium. To begin, we have totally new leadership in the chamber, which is very important. Secondly, the chamber was not involved in, really, economic development. They might have taken positions. But I remember when I was first elected, I sat down with Mike Reagan, and I said, what are you doing to recruit businesses? He goes, that's not our job description. Page 73 December 10-11, 2013 So the description of the Chamber's role in economic development is very different from what it was in the past. And under the executive leadership of John Cox, I think you will see all those positives that you have listed as being the reality. So it's definitely not deja vu. On the back end of what you just said, as you know, I felt very strongly about all those negatives as being negative, and I personally could not support those negatives ever being a reality today. So I don't think that this board supports those negatives. I don't think that current chamber supports those negatives. I don't think the community supports those negatives. And so you can put them to bed and just stick to the positive, so thank you. MR. RAMSEY: We'll be watching. MR. MILLER: Your next public speaker is Bob -- Bruce Anderson, rather. He'll be followed by Bob Krasowski. MR. ANDERSON: Good morning. For the record, my name is Bruce Anderson, and I want to encourage you to support this measure. I'm also here to follow up on a discussion I'd had with Commissioner Nance about the need for a parallel effort for the areas -- the rural areas where expanding businesses would logically locate because there's enough space for them there. And right now in the rural fringe area, for example, it's narrowly focused on residential uses, but there's no consideration given to businesses that are necessary to serve those residences or to employ those residences. And thank you very much. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your final public speaker on this item is Bob Krasowski. MR. KRASOWSKI: Hi. Bob Krasowski again. I think I find some agreement with what Bruce just said about identifying those businesses that will serve the residences in the area and also provide them with jobs. Page 74 December 10-11, 2013 You know, people keep referring to Hertz. Now, Hertz supposedly provides people with good paying jobs. Now, for everyone that comes here and gets a good paying job, they have a house, which is great, and then they have a lawn, and then they have to hire a lawn service, and then they come here, they get paid minimal to nothing, and then they have to come to the county to get housing assistance for affordable housing programs so we can find a place for them to live. This is so lopsided here, what you're looking at in this wonderful, glorious business environment, but where you're not considering those things, I hope you do. Once again, my problem here -- and I don't mean to rain on anybody's parade, and I don't like coming up here and only identifying problems. I see some very good things in here. What I like to see is a separation from the government and the business community so government can act as it should and allow for the public input on every element and every aspect of this. Before you know it, these guys are going to want to be pulling trash incinerators into the landfill. And if it's all part of a bigger plan and the public isn't involved, things like that will be stuck in various communities. And it will be great for business, but it won't be good for the people who live here. And let's really think about what we want here. We want this to be a little Bronx? A little Brooklyn, New York? I mean, there's only so much you can do here before you mess it up. Previous comments about, oh, we want to protect the environment and provide jobs. You're renourishing the beaches during turtle nesting season, damaging turtles. You're suggesting, slightly, about sticking sports stadiums out in panther habitat, and that might not happen, but it was suggested as a possibility. You know, you're not the environmental commission by a long shot, and I don't think that we can rely on the business community to Page 75 December 10-11, 2013 be that either. It has to be the process. We have to have guarantees in -- and through the process. TDC, nice example. They've done a lot of branding, some good stuff. We could follow along on that. We don't need to do this blended business, county business, and the businesses can come and participate in the county government. And the TDC's funded with the bed tax. Okay. How about a business tax, or we can remove some of the tax and then put it back on to dedicate it to an organization like the TDC so they can -- through the government can have an opportunity to develop strategies and plans. CHAIRWOMAN HILLER: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. The first thing was, as I speak to the people that are in charge of this program -- and I'm sure you've done this, but I just wanted to ask the question anyway. Have you been working with the local educational facilities to -- they're all there, but are they churning out the skilled workers that these jobs -- that these employers will need to fill their jobs? I was making it a point to go around and speak to some of the business owners in the area, and that was one of the things they said. The hardest thing was to find the skilled workers they need; that they can find a lot of, like, one or two classifications, but they had problems getting out. And I thought, if you haven't, it would be wonderful. Although, I noticed in the write-up, that you were working with FGCU. And just so that they share their ideas about the educational opportunities that are needed in order to fill the requirements of the businesses that we want to draw to the area. And so that was all I'd ask. And then the other thing I wanted to say, somebody else made a point, and I totally agree with it, and they talked about the draw to our Page 76 December 10-11, 2013 community is the beauty of our community. And we have a lot of agreement up here about that, because we've seen firsthand where businesses -- and I'll just say Arthrex for one of them. The reason they came here was because they wanted to live in this beautiful community, and they want their employees to live here. And so he has nurtured and built this business because of the beauty of our community, and that is an important point. And I'll take one step further and say, look at tourism. That's one of the reasons people come back repeatedly to come to this community is because it's such a beautiful community, and then they decide that they want to buy a house, so now the real estate business flourishes. So we have to always be mindful that we might have to spend a few more dollars to do the landscaping in the medians or whatever needs to be done to build class-quality buildings, whether it be to house businesses or so forth. But in the end, it's going to pay off. We might not be able to add it up on a page, but it does pay off. Thank you. CHAIRWOMAN HILLER: Thank you. I'd like to make a comment about what Mr. Rice said. One of the ways to stimulate business is, obviously, with incentives. And I had the opportunity, when I spoke to Mr. Broome, to get some insight in terms of what type of incentive really can motivate a company when they're looking at the package and that element of the package. You're absolutely, right, tax credits are a very significant motivator. And tax credits work far more effectively than cash, especially for a county like ours that has a smaller population, a smaller pool of funds than, for example, if we were competing with Austin, Texas, that has a lot of people and lots of money, but we can incentivize business by providing credits. And I firmly believe, you know, we shouldn't be picking winners and losers. And if we can incentivize an industry by providing credits, we get even more bang for a buck. And so, to that end, you know, I Page 77 December 10-11, 2013 have, in the past, proposed that we, at a minimum, impose a commercial impact fee moratorium to stimulate economic development, to let companies like, you know, Burger King come in and hire people, to let companies like your eye-care facility. MR. COX: MRI. CHAIRWOMAN HILLER: MRI, sorry -- MRI business establish itself here and other businesses. Hertz received predominantly tax credits as part of its incentive package. And I think, if my understanding is correct, it was basically almost equivalent to the cost of the construction of their facility. That is a big deal. And the second issue, as you also pointed out correctly is expedited permitting. So if we look to incentivizing by creating a tax credit program, for example, our property tax credit program, if we look to imposing moratoriums with respect to commercial development on, like commercial development impact fees, if we look to really mastering expedited permitting through growth management, I think we can do a lot to help people like you see projects like yours grow. MR. RICE: Could I take 90 seconds to explain something? CHAIRWOMAN HILLER: Ninety seconds. Timer on. No, I'm just kidding. MR. RICE: I used to live in Cleveland and Akron, which was a bedroom community between Cleveland and Akron, and I was a developer up there and well known. And I got a call one day from a friend of mine, Jim Stanley, who was an Executive VP of Goodyear Tire and Rubber. He said, Ronnie, come over for coffee tomorrow. I went over. He said, Ron, we're going to build a one-and-a-half-million square foot plant in Union City, Tennessee. We want you to go down and see if you could do a small subdivision, you know, the under 100, 200 lots and so on and so forth. So, my gosh, he sends me down in their Learjet. That was nice. Page 78 December 10-11, 2013 CHAIRWOMAN HILLER: Remember, 90 seconds. MR. RICE: Okay. I'm almost there. CHAIRWOMAN HILLER: We have a lot on the agenda. MR. RICE: But he sends me down there. And I get down there, car picks me up. I go to this lawyer's office; big gigantic, gorgeous office. I get my coffee and I walk around the room, and it says, Chairman of the Board of University Tennessee, of the University of Tennessee. So this very aghast looking lawyer walks in and he says, good morning. And I said, good morning. And he said, okay, what do you want? I said, I beg your pardon? What do you want? What do you want? I said, excuse me, sir. I'm not sure. He said, What do you want? Fourplexes, duplexes, four stories, three story? What do you want? We'll give it to you. Okay. Now, we don't -- that's A to Z, but that is what's out there. And they -- and I said to my friend Jim, why -- first of all, where the hell is Union, Tennessee? And, secondly, why are you going there? And then he said to me -- because we knew each other well, he said, there are no unions, we're tax abated for 25 years. This is happening. Do you know why -- up in the east where they have driven businesses away, do you know why -- that beautiful park down in Duke, North Carolina, and so on, because of businesses who left. CHAIRWOMAN HILLER: And we're -- and I have to cut you off, because we have to keep going, but thanks for your comments. That's why we have an executive director who comes from North Carolina who knows the inside scoop on that. We're going to make that happen. Page 79 December 10-11, 2013 MR. RICE: Good. CHAIRWOMAN HILLER: My commitment is that I plan this spring on bringing these initiatives back to the board for their vote. I would like to see a property tax abatement program come before this community as a way to incentivize business, and it would go to referendum. I do want to see it on the ballot. I want the taxpayers of Collier County to vote on such a program. I would like to see a moratorium to test out impact fee credits specifically as to commercial. And I know we had a group that came forward and suggested a 75 percent cut. I believe we go 100 percent and do it for 12 months, see what impact it has on business, to test it out. If it doesn't work, you know, we reimpose impact fees. If it does make a difference, we consider, you know, alternatives to funding for projects if we see that, you know, impact fees can make such a difference on economic development. And then, finally, I do want to work with staff to develop a really sophisticated expedited permitting program and one where not just new businesses coming in get expedited permitting as an incentive, but where we establish a program where, for example, we can charge; supplementally, if there's a developer who wants expedited permitting so that, you know, it's not an additional cost to the taxpayer but it's a value-add service to a business looking to grow in Collier County. Commissioner Henning? COMMISSIONER HENNING: Are we on commissioners' comments? CHAIRWOMAN HILLER: No. But it was important to state, so forgive me if-- when you're chair -- because I'm going to vote for you, just saying -- I will promise to be a good girl. COMMISSIONER HENNING: You may regret that. CHAIRWOMAN HILLER: I promise to be a good girl. COMMISSIONER HENNING: It may be a lot shorter meetings. CHAIRWOMAN HILLER: I swear. I swear I will be a good Page 80 December 10-11, 2013 girl. I swear. Well, not too hard, but -- COMMISSIONER HENNING: Motion to approve. COMMISSIONER COYLE: Second. CHAIRWOMAN HILLER: All right. We have a motion -- this is really great. I just think it's great that we are just, like, splitting teams here. So thank you for the motion, Commissioner Henning. Thank you for the second, Commissioner Coyle. Any further discussion, Commissioner Fiala? COMMISSIONER FIALA: Yes. I've still got my button on. And I've heard what you just said about tax cuts, which is very, very nice. One of the things we enjoy here in Collier County is the sixth lowest tax rate in the entire state of Florida. That's wonderful. One of the reasons we've been able to enjoy that and attract businesses who also want to have low taxes is because we've had impact fees. And another thing that CityGate isn't going to be enjoying soon, I understand, along with a couple others, is the innovative -- innovation zone where they act like a CRA. And so -- now, if we're giving all this away and, yet, we want to maintain our community, the quality of our community, the quality of our public utilities, how are we going to maintain all of that if we're giving it all away because of no impact fees? We've seen what happened in Lee County now because they weren't but a few months old with eliminating -- or, rather, putting a moratorium on it, and then they said they're going to have to raise their taxes because they were going under with that. We've seen -- now, I don't know what would happen with the innovation zone if we then eliminate impact fees and reduce tax. I don't know how that will affect your program, Bruce, but you might be thinking about that. So I think we have to think very clearly, very clearly, and we Page 81 December 10-11, 2013 need to talk to our business community to make sure we're heading in the right direction and not shooting ourselves in the foot. CHAIRWOMAN HILLER: Well, thank you for those comments. And we have to stay competitive, look to what the other counties are proposing. And all our competitors are proposing programs just like I've described. So we have to figure out how to get it done. And my thought is -- and this is the last comment on the subject. COMMISSIONER FIALA: No. I have to say one more thing. COMMISSIONER HENNING: We're off subject. CHAIRWOMAN HILLER: We are, but I just want to make one last point, because it is important. Just one thing, Commissioner Fiala. You have to look at the short term investment and offset it against the long term gain. COMMISSIONER FIALA: Oh, I tell you, I'm -- COMMISSIONER HENNING: Commissioners' comments. COMMISSIONER FIALA: -- looking out the window and seeing that there's so much growth taking place right now in East Naples. I mean, four times the amount of growth than anyplace else, and nobody's complaining about impact fees -- COMMISSIONER HENNING: See what you started? CHAIRWOMAN HILLER: I see. COMMISSIONER FIALA: -- or taxes. They are moving forward. CHAIRWOMAN HILLER: I'm sorry. Forgive me. COMMISSIONER FIALA: I didn't interrupt you either. CHAIRWOMAN HILLER: No. Good points. Thank you very much. COMMISSIONER COYLE: Aye. CHAIRWOMAN HILLER: And we will have this discussion. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: We have a motion; we have a Page 82 December 10-11, 2013 second. 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? COMMISSIONER FIALA: Yes. CHAIRWOMAN HILLER: Great. All right. Next item? MR. OCHS: Yes, ma'am. Item #10C THE COLLIER COUNTY BOARD OF COMMISSIONERS ACCEPTED THE COLLIER COUNTY ACCELERATOR FEASIBILITY WHITE PAPER AND PROVIDED STAFF DIRECTION BASED ON THE REPORT RECOMMENDATIONS. THE COUNTY IS COMMITTED TO FOSTERING ECONOMIC GROWTH THROUGH THE DEVELOPMENT OF AN ENTREPRENEURIAL ACCELERATOR WHICH WILL HOUSE EMERGING BUSINESSES THAT ARE DEEMED TO HAVE THE GREATEST POTENTIAL FOR SUCCESSFUL GROWTH. THE PROJECT WILL BE DESIGNED TO MIRROR THE COMMUNITY INNOVATION COLLABORATION AND MASSCHALLENGE PROGRAMS IN CAMBRIDGE, MA. THIS PROJECT WILL THE FIRST OF ITS KIND IN THE SOUTHWEST FLORIDA REGION AND WILL INCLUDE COMMUNITY PARTNERS SUCH AS FLORIDA GULF COAST UNIVERSITY, CHAMBER OF COMMERCE, VENTURE CAPITALISTS AND LOCAL BUSINESS LEADERS. AT THE STATE LEVEL, Page 83 December 10-11, 2013 SUPPORT FOR THE PROJECT WILL BE GARNERED FROM ENTERPRISE FLORIDA, THE OFFICE OF ECONOMIC DEVELOPMENT, THE LEGISLATURE AND THE GOVERNOR. THE HOPE IS THAT THIS PROJECT WILL BECOME A MODEL FOR ADDITIONAL ACCELERATORS THROUGHOUT THE STATE, SERVING TO ADVANCE THE OBJECTIVE OF JOB CREATION - MOTION TO ACCEPT THE REPORT AND DIRECT STAFF TO WORK WITH DR. GOODMAN ON DEVELOPMENT OF THE ACCELERATOR, AN OPERATIONAL PLAN, EXPLORE POSSIBLE FUNDING OPPORTUNITIES, OPTIONS REGARDING AVAILABLE SPACE AND RETURN TO THE BOARD WITH INFORMATION FOR FURTHER DISCUSSION — APPROVED MR. OCHS: Commissioners, that takes us to Item 10C on your agenda this morning. It's a recommendation that the Board of County Commissioners accept the Collier County accelerator feasibility white paper and provide staff direction based on the report recommendations. Commissioners, this past summer, as the board will recall, you allowed me to commission a study on the feasibility of creating a local business incubator and accelerator to provide a center for emerging businesses and expanding businesses both locally and outside the region to have a center where they could come and take advantage of an array of services that would help them grow their business and create new jobs here locally in the region. As a result of that approval, Dr. Marshall Goodman was brought in to do that feasibility study. As part of his engagement, he also put together a request for funding support from the state legislature that the board has already seen and endorsed through the adoption of your legislative priorities for the coming session. And I'm pleased now to present Dr. Goodman to present his final Page 84 December 10-11, 2013 report on his feasibility study. MR. GOODMAN: Good morning. Thank you. I appreciate this opportunity. I appreciate your leadership that we're seeing this morning in economic development. I think it's very, very important. I want to start by thanking the manager. I want to especially thank Bruce Register and his office for all of the support that they've given me throughout the study. And, finally, I want to thank the people of Collier County. This white paper is the result of a wide number of interviews and meetings that I held with a number of stakeholders over the last four months. So many of the ideas that are in the report and what you're about to hear are really coming from those individuals. So apropos, one of the earlier citizens, I am not from here. Sometimes it is good to have an outside perspective, but I have taken that outside perspective. I've spent the last four months interviewing and meeting one-on-one for countless number of hours and meetings, and this is the result. To start, you know, I use a phrase -- if I can advance the PowerPoint. Okay. One of the key phrases in the industry is if you've seen one incubator, you've seen one incubator. NBIA, which is National Business Incubator Association, reports there's 1,400 incubators/accelerators in the United States today. And each one of them is very different, because it's important that the incubator/accelerator really represents what Collier County is all about and where it wants to go in the future. So you really have to make it your own, but you have to build on a model. You can't start with nothing. And there are some great models out there. And in the executive summary, we're suggesting that the community innovation collaboration and the Mass Challenge out of Page 85 December 10-11, 2013 Cambridge, Massachusetts, is an excellent place to start. In fact, that Mass Challenge, they're saying their motto is to catalyze a startup Renaissance. And that's exactly what I'm hearing this morning in this room is the need for that Renaissance of thinking in terms of economic development. So as I went through the entire study, I came to a conclusion that one thing, given your comparative advantages -- and I put them all in the report, and there's many that you have as a community. And some of those have not really been leveraged and utilized to the point that they could be. And I think each one of you, as we've discussed, recognizes that there's tremendous synergies through those regional partnerships that can come about through a lot of attributes that you have. And I'm recommending that you really focus on creating a soft-landing accelerator. There's only 10 of them in the United States, and there's none in Florida. There's a lot of incubators in Florida, but there's very few accelerators, and there's no soft-landing accelerators. So what is the elevator speech if somebody were to ask you, what is a soft-landing accelerator? Very simple. It's an easy button. And you're hearing that this morning from people in both citizens and the business community. It's an easy button. Not just for local businesses, but these are national -- whether they're Hertz -- and international companies, because when you think about the concerns that businesses have moving into areas, multiply that by 10 times. If you're coming from Cleveland, Ohio, and you really don't know Florida, you don't know Collier County, or if you're coming from overseas, if you're coming from Germany, if you're coming from France, if you're coming from China, and you don't even speak the language, imagine how difficult it is in the 21st century to get through those regulations, to understand impact fees and taxes to the point where you're willing to pay because you understand the value that you may get from that. Page 86 December 10-11, 2013 Now, if you had that place, that makes it easy. That's what a soft landing accelerator does. So the three things that I say are important is to have a very clear mission: Recruit, support, accelerate. Recruit innovation companies into key focal areas. I found, through my interviews in this community, there's very clearly three. And these are not things that you need to import in and start afresh. They're here. They're organic. You just need to grow them to the next level. Because in the 21st century we're seeing a revolution in technologies. It's very well understood in that industry. In the next three years you are going to see changes in technology that are greater than the last 15 years combined. Now, think about that. There were no iPads, there were no iPhones, and yet that's minuscule compared to the changes in technology you're going to see in three years. Why isn't Collier County attracting those companies? It can through a soft landing accelerator in three key areas. Number one, smart technologies. You have a wonderful healthcare system; very important world class providers. They use technology. They're very interested in even moving forward with new technologies. There's something called blue zones. I think a very exciting concept that can add to your brand value is by adopting the tenets of a blue zone. The second, we've already heard some discussion about this morning, tourism and hospitality technology. Absolutely booming, a lot of new innovation. Clearly you get a lot of tourists. You have a big hospitality sector. Why isn't that innovation? The companies that are leading those changes moving and starting in Collier County. And the third is agribusiness and sustainability technologies tied to that industry. Food is still important. There are mega changes taking place in how we grow food, we process it, we deliver it. A lot of those changes a lot of those innovations can occur again right here Page 87 December 10-11, 2013 in Collier County. So I end my report by saying something that people typically said to me as I was leaving their offices, and it wasn't "get out." But what they said was two things: Number one, how quickly can we get started? And, number two, how can I help? Every single individual -- and many of them did not know what the interviews were about before I started, but every single individual I met in this community was ready to help and was very excited to get started. So I'm proposing a kickstart. I'm proposing that you recommend to this gentleman here that he comes back with a plan, with a business plan to kickstart this effort, and there are three things. Number one, in the next 30 to 60 days, develop an operational plan to kickstart the accelerator with the goal being finding $400,000 locally. I'm suggesting a split. That's my suggestion. Local public sector support, 200,000; private sector match, 200,000. And one of those individuals who has helped in countless ways throughout this study has also stepped forward to say that if this moves forward, Manager, Commissioners, that he would chair the private sector effort to find the 200,000. That's an individual I think you all know, Mr. Fred Pezeshkan. I want to thank -- publicly thank Fred for all of his help and for his willingness to take on that endeavor. In the next 30 to 60 days, find space where this could get started: Furnishings, equipment, hire a director, with the goal being in the next six months the soft landing accelerator will soft land 10 to 15 companies. And I believe that is more than doable, because ever since I started this and there has been discussion, I have received a number of phone calls from people saying, how much are you charging in rent? How much space can I take? So you haven't even built this yet but, just from word of mouth, Page 88 December 10-11, 2013 people are understanding this is an opportunity that they don't want to miss. Another is to strategically pursue international linkages, find our mirror images, both nationally -- and I've already suggested there's some great opportunities in Cambridge, Massachusetts, to learn from what has made them so successful. And they have been very successful. How can we important some of those ideas here? But also internationally. I know -- because of the efforts of the Greater Naples Chamber of Commerce and through your efforts in hosting French delegations, there's been German delegations, and I know there are other countries that are interested in visiting Collier County. Find the ways to link their incubators, their accelerators, to ours and engage in joint economic development. It is a partnership, and it's very important to understand this is a two-way street that is -- just as we're talking about bringing companies into Collier County, there's a world of opportunity for our companies here to engage in opportunities in their countries. And the more you get people talking with one another, the more you have joint venture, the more you're going to open doors for Collier County companies to expand internationally. At the end of the day, that's good for Collier County, because their home base is right here. So in the end, I believe there is a fabulous opportunity for Collier to carve out an important niche in Florida's economic landscape. There is no question in my mind Collier County can be Florida's soft landing hub. Thank you. I'm happy to take any questions. CHAIRWOMAN HILLER: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I know we haven't gotten to some of these items yet, but I have a question, because it's important Page 89 December 10-11, 2013 for this particular discussion. We have agreed today to proceed with the regional partnership. We are accepting the white paper on accelerators today. We have provided money to brand, market, and promote economic development. We will soon be approving money for a French delegation to come here, and a consideration for a sports stadium. This seems to me that rather than taking a rifle shot at specific target industries, we've just fired off a couple of shotgun blasts here. And the theme of your presentation is focus, focus, focus. I think that's good, focus. These other ideas are all good, too. We should explore them, but my concern is, are they being coordinated? Is any of what's in your white paper being coordinated with our partners in Lee County and other places? Are the proposals to build athletic facilities being coordinated with them? And those are the kinds of concerns I have. We don't seem to be focusing when we're considering this entire range of issues today, and we don't even have the plan that is to be developed by the Chamber of Commerce and our county office of economic development. Shouldn't there be some sequence of events here that assures that we are using our resources in the most effective way? CHAIRWOMAN HILLER: Can I answer that? COMMISSIONER COYLE: No. I'm asking him. CHAIRWOMAN HILLER: He can -- I'm going to -- COMMISSIONER COYLE: No, no, Commissioner Hiller. CHAIRWOMAN HILLER: Go ahead. COMMISSIONER COYLE: Your clock is not on yet. MR. GOODMAN: You raise a good point. And I think you are doing that. I mean, these are sequential ways that I have seen. And I've lived in a number of different communities, and I've been a consultant for those communities. That, sequentially, you're building Page 90 December 10-11, 2013 a very powerful economic model. You know, I live currently in Lakeland. I said I don't live here. And there's a small company there called Publix. And the founder of that company, you know, started with one store. And he had on his desk a very important statement that he lived by, and that was "Start. The rest is easy." And, you know, a lot of times it's really hard getting to start, because I think you will find those linkages will occur, because I think a lot of the players that are behind each one of these initiatives are in conversations with one another. And so those linkages will grow, but the most difficult thing for government and even for the private sector is taking that first step. When he took that first step, and it was a big one for him to leave A&P and to create in Winter Haven this fancy new art deco store that people would say would never work. Well, we know it did work. But today Publix is very different than the company he started, because they've grown at each step. So, Commissioner, I think the bigger danger is missing opportunities that are here today in this community where you have a private sector and citizens willing to give it their all. And we've heard comments before about the private sector. I could tell you, I've talked to just as many private citizens, many of whom are retired, who'd say, you know, I want to spend an hour, couple hours a week mentoring. Some of these people ran, not Fortune 500, not Fortune 300 like Hertz, some ran Fortune 50, and they're in your community, and they want to find a way that we can institutionalize and create an infrastructure for them to be part of something exciting. So I understand your point. Focus is very important. I think you do have some clear industry foci in Collier, but I think it's more important to get started. And those linkages won't be built around a committee room. They're built by doing. Page 91 December 10-11, 2013 CHAIRWOMAN HILLER: I would like to expound on that. There is a very clear focus. There is no shotgun approach to this. In fact, the way the agenda is organized is to absolutely focus from the regional down to the company. The first discussion we had was the promotion of regionalism. The second discussion we had was the public/private partnership between the chamber and the county to basically brand and market and promote and sell Collier County as a business destination. This presentation that we have before us now is about the accelerator, where those companies will land when they come here. And there's a second part to this presentation which will be put forward by David Diamond who will discuss an incubator that is currently established, one that he created, one that he owns. And when you hear how many companies he is incubating, you will be shocked and amazed. And then the final presentation that we're going to have in this chain of discussions will be about an incubator from France that we are partnering with that includes about 100 companies -- I mean, sorry -- forgive me, wrong number, one zero too few -- a thousand companies. And this incubator, through the French government, will be exporting companies to Collier County, to Southwest Florida, to the state of Florida. We'll be working with FGCU. We'll be working with our local schools. We'll be working with the Chamber of Commerce. We'll be working with the -- with Enterprise Florida, with the Office of Economic Opportunity, all to establish themselves here, hire locals, and prosper. So it is very, very coordinated. It is very focused. The sports is something completely different. The soccer is public/private partnership looking to give us the opportunity to grow our parks without using tax dollars, because we are short on the park side with respect to park facilities. And this is -- that project has really Page 92 December 10-11, 2013 -- I mean, it will promote economic development, because it is focused on tourism and sports marketing, but it is -- it is a separate project. So your questions are very fair and actually very good, Commissioner Coyle. And thank you for the opportunity to bring that out, Commissioner Nance. And then I'd like to have David Diamond present. COMMISSIONER NANCE: Dr. Goodman, I would like to thank you for your focus on the three areas -- the three focal business sectors that you've identified, and I would just like to also thank you, sir, as an aside for -- as you've gone out on your work on this project, for your support of our legislative efforts for the University of Florida Institute of Food and Agricultural Sciences Research and Education Center, sir, in Immokalee, as it is an integral part of agribusiness and sustainable technologies and as an economic resource to the University of Florida and the whole system. I believe that it is very important for us to engage the citizens and the county on this effort because of the great many things that are being discussed here and the way that they do look complicated and they do look a little bit foreign to them; however, I will remind everybody in this room that together we have had these sorts of discussions going all the way back to 2000 when we hired Dover-Kohl to come out and do our community character study and again when we had the Anderson Economic Group come in 2006 or '7 -- I can't remember which one -- and then five years later. These same topics, these same foci were identified and suggested to us. So this is, indeed -- we have come full circle on a lot of this; however, what we share at this time, I feel, is the critical mass of support from the business community, the private sector, and the government to gain political will that we do need to take those first steps that sometimes seem like they're huge, but I don't think they're Page 93 December 10-11, 2013 near as painful as if we push this back again or extend this out. We can't afford to extend and pretend any longer about economic development and working together with our business community. We just cannot. Now's the time. Now's the time for us to do this. It's very important -- I'm going to -- I'm going to move approval on this item and say I think it's a small part of a very important package, and I endorse it 100 percent. CHAIRWOMAN HILLER: Thank you. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: Thank you. I have a motion and a second. We have public speakers, and David also has to present on the incubator. So I'm going to ask that we hold on the vote till after we hear from David and the speakers. It's 12 o'clock now, and I know a number of people in the room have lunch meetings, so we're going to adjourn and be back at one to continue this agenda item and then to have the vote on it. So with that, see you at one. (A luncheon recess was had.) MR. OCHS: Madam Chair, you have a live mike. CHAIRWOMAN HILLER: Thank you. We're reconvening our meeting, continuing from this morning. We were on Item 10C. I had -- I stand corrected. I said that David Diamond was going to be speaking, but he's actually going to be speaking to 10 -- doing a presentation under 10D. So I apologize for that. Can we turn to public speakers, please. MR. MILLER: Yes, ma'am. Your first public speaker is David Diamond, and he will be followed by Dr. Ron Toll. CHAIRWOMAN HILLER: And then, just for the benefit of the audience, once we are done with this agenda item, since we're continuing it from this morning, we are going to go to public comment Page 94 December 10-11, 2013 and then allow, if there's anyone who wants to speak publicly, to do so, and then we're going to go back to 10D. Go ahead. MR. DIAMOND: Good morning, Commissioners. Thank you for allowing me to speak to you today. I'm Dave Diamond. I'm president of D'Angelis Diamond Construction, also a cofounder of VentureX, and I'm an Angel investor. And I wanted to speak in favor of the recommendation this morning as an Angel investor. As an Angel investor, I've had the opportunity to invest in several early stage companies and entrepreneurs here locally, as well as in Silicon Valley and New York City and Austin, Texas, and Seattle where I travel often looking for investment opportunities. Many of those investments were in companies that came through an accelerator program. I like the direction that I see recently happening with several organizations here in Southwest Florida to develop and enhance the entrepreneurial community in a regional way that both attracts and retains bright innovative entrepreneurs. And it engages our universities, our investors, businesses, service providers, and our government agencies. I see this as adding value to our community, and I look forward to seeing the development of our entrepreneurial ecosystem. CHAIRWOMAN HILLER: Thank you. MR. DIAMOND: Thank you. MR. MILLER: Your next speaker is Dr. Ron Toll. He will be followed by Maegan Evans. DR. TOLL: Thank you very much, and thank you for the opportunity to be here with you this afternoon. My name is Ron Toll. I'm provost and vice president for academic affairs at Florida Gulf Coast University. And I just want to speak for a couple of moments with regard to the university's participation and partnership with all things economic development Page 95 December 10-11, 2013 within the Southwest Florida region. We are your regional partner, and I want to be clear, we love all of our counties equally. And we -- CHAIRWOMAN HILLER: We like that. DR. TOLL: -- were brought here to serve the people of Southwest Florida in a very short period of time, 17 years; still a very young university. We have excelled in terms of our academic programs, in terms of providing great learning outcomes. Commissioner Fiala, I'll mention that the newest data coming to me just within the last 10 days shows that FGCU was tied for number one in the state university system for the percentage of our students that are gainfully employed post baccalaureate within one year of graduation. CHAIRWOMAN HILLER: That's great. DR. TOLL: We are number one. Someone else tied us. We believe that the university's role in terms of being part of economic development has been well known and well advertised. We're a leadership and ready, which has become the Southwest Florida Alliance. And we provide a number of different things in terms of the presence of a university. We are an integrator. We are a facilitator. We are a provider of a variety of different types of resources. We are a trusted neutral party that certainly lives within the Sunshine, very, very bright Sunshine. We are a catalyst. We are a workforce developer. We are a powerful regional economic development site selection recruiting tool. And if Mr. Broome was still here, I think he would mention that the presence of FGCU had a lot to do with Hertz selecting Southwest Florida. We are an anchor for the region. And, of course, even with a slow start, we are "Dunk City." The FGCU Ihub is not an incubator building. It is a facility for Page 96 December 10-11, 2013 research and for education. We have a substantial commitment to that facility. There was P3 that led to the development with John Bocky (phonetic) and Bocky Galvano Development, a gift in the value of the land of over $6 million. That first draw from the legislature two years ago, of$4.5 million, a gift to an endowment to establish the Bocky chair of renewable energy, which was filled with a true world class researcher and teacher. So we are well into $15 million plus in terms of our Ihub Building. I keep looking at that clock, which perennially tells me I have one minute and six seconds left. I hope I can just spend another couple of moments here. CHAIRWOMAN HILLER: Please do. DR. TOLL: We are now looking for the substantial construction Phase 2 funding for the Ihub Building. This is just slightly north of $7.5 million. We've been working very closely with the governor's office to see that that, as our top LBR, is funded this year. I have received a limited amount of information thus far. I appreciate Dr. Goodman's conversations and speaking with Dudley Goodlette regarding the Collier Global Business Accelerator. But in terms of what I do know about our facility and what I'm learning about yours is that these two facilities can certainly serve as complementary components of a Southwest Florida Regional Economic Development Plan. As you know, we are your statewide environmental university. We are your renewable energy university. And our facility, our ihub, is going to focus on renewable energy and sustainable technologies related to energy and energy storage. Those reflect our core strengths in what we bring to the region in terms of disciplinary expertise. But each of these two facilities can certainly create a nexus that leads to their own independent economic development, and that's based on the intellectual capital that these two facilities will bring, the Page 97 December 10-11, 2013 expanding markets that these two facilities will support, the research and development that will need to take place for these two facilities to be successful, and certainly the job creation that we're all looking forward to as we see our region begin to grow out of this very, very devastating recessional period over the last five or six years. So I believe that both facilities have their own synergies. We at FGCU believe that they will be in a noncompete environment and truly be there in a cooperative environment for what's good for Collier, what's good for the region, what's good for all the people that are served by Florida Gulf Coast University. And, Commissioner Hiller, I want to thank you for the passion that you've brought to this conversation, your leadership comments at the workshop about a month ago, and your pledge to have your county commission behind the ready effort which you have now brought to fruition this morning. Thank you very much. CHAIRWOMAN HILLER: Thank you. Thank you very much. MR. MILLER: Your next public speaker is Maegan Evans. She'll be followed by Bob Krasowski. MS. EVANS: Good morning, Chairwoman and Commissioners. I appreciate your allowing me to speak today. I wanted to say that I am a strong proponent of the accelerator feasibility white paper that is being proposed. My firm, Falls River Group, has been -- was established in Naples 16 years ago. We are an investment banking firm. We specialize in mergers and acquisitions. Kerry Dustin is our chairman. One of the reasons that I am such a proponent of this is that we are contacted annually by anywhere from 50 to 100 startups that say, we would like to have your advice, your counsel, your help financially, your help intellectually in establishing ourselves either in Collier County or somewhere else in the world. We happen to have a global footprint through our international Page 98 December 10-11, 2013 merger and acquisition partners, and we are doing a number of cross-border deals internationally at this point in time, including in France. And my associate, Bob McCashin, will speak to 10D and his support of that initiative. I did want to add one thing, that Falls River Group is the business advisor for World Lister. This was mentioned this morning to the commissioners as a company that was founded, incubated here in Collier County, in Naples. I met with Ms. Hiller in regard to this company and this initiative, and it's going to go -- be a huge, huge success for Collier County. World Lister is this mobile application for eCommerce. And of all the places in the world these young men could have come to start this company, they chose Collier County because of the quality of life. So I thank you very much, and we're looking forward to working with the commissioners in the coming days and the coming years to make this really one of the most -- it is one of the most remarkable places in the country, and we look forward to making our contribution in helping these young companies get a toehold. Thank you very much. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your final public speaker on Item 10C is Bob Krasowski. MR. KRASOWSKI: Hello, again. Bob Krasowski. I'm very much supportive and enthusiastic about having this type of facility and program in Collier County, so I'm not totally against everything. But something that turned me off was inviting businesses from France and China. The last thing we need here in Collier County, in Florida, in America, is Chinese businesses. They own everything already, just about, and we've surrendered our national interests to this globalization marketplace thing. We're not protecting our own culture. Page 99 December 10-11, 2013 And I have nothing against Chinese, but -- CHAIRWOMAN HILLER: What Chinese company are you talking about? MR. KRASOWSKI: That it was referred to in the presentation that we'd be inviting Chinese people to the incubator, Chinese companies and French companies, and we don't need either one of them. CHAIRWOMAN HILLER: I don't know anything about the Chinese companies. MR. KRASOWSKI: Oh, really. Didn't you mention Chinese companies? COMMISSIONER HENNING: I like French people. CHAIRWOMAN HILLER: I like French people. MR. KRASOWSKI: There's nothing wrong with French people. It's that I don't want French government and business coming here to -- you know, we have -- there are -- yes or no? That's all. CHAIRWOMAN HILLER: Hold the time. Stop the time. I want to make sure that Bob has all his time. But do you mind? Would you comment, because except -- MR. GOODMAN: Well, actually, the accelerator would be open to any country. MR. KRASOWSKI: Yeah. Did you mention Chinese? MR. GOODMAN: I think I mentioned China. MR. KRASOWSKI: China, yeah. Well, I'm not specifying the Chinese, but China business interests here in Collier County; don't need it. If you -- CHAIRWOMAN HILLER: You were -- MR. KRASOWSKI: Thank you. CHAIRWOMAN HILLER: Were you just throwing that out as an example, Marshall? MR. OCHS: Yes. CHAIRWOMAN HILLER: So it could be India? Page 100 December 10-11, 2013 MR. GOODMAN: Yes. It could be Germany, it could be India, it could be any -- this is a public/private partnership. The accelerator is open to any country that wants -- CHAIRWOMAN HILLER: So the bottom line is is that this not just for domestic startup firms, but it's for international? MR. GOODMAN: National and international companies. CHAIRWOMAN HILLER: International, all right. So let's make sure that's clarified on the record. MR. KRASOWSKI: Yeah, okay. Well, that was just something he said that caught my attention. CHAIRWOMAN HILLER: Well, no. I appreciate that. It's good that you caught it, and I'm glad we clarified it. Can you start his time. MR. KRASOWSKI: And, of course, his comments, and his paper were great, you know, although I'd like to see this effort be focused on the resources of Collier County, like what businesses would work here, we could grow here. If we've come to the end of the line with things we can do, ideas we can generate here, then we could move onto maybe considering other things. But for the beginning, spending taxpayer money or being involved, the government, we should encourage local effort. And then I see here the parties identified as being involved, local businesses additional -- Florida Gulf Coast University, Enterprise Florida, where are the -- once again, where is the people's input? You know, the government has just taken off-- taken off with business and all these different projects, and you don't have the benefit. And if it's an incubator, the good ideas, at least in America over history, have come from the middle class who strive to become something, to accomplish something, and we're drifting away from that. You've got a bunch of people up at the top, and they all have great ideas and they want to bring more people in from the top to -- you know, so I'm encouraging you to make sure that all sorts of people Page 101 December 10-11, 2013 are included. Another thing, like computers and computer technology was identified, and I see that we shouldn't go for computer manufacturing because it has a lot of toxic byproducts. But research and development and the other health and tech and tourism, hospitality, excellent ideas for a start. CHAIRWOMAN HILLER: Thank you. Thanks for those good comments, Bob. Leo, did you want to make any closing remarks on this, or would you like us to go ahead and -- MR. OCHS: No, ma'am, just to, you know, reiterate that, from staffs perspective, we're not asking the board to commit any dollars at this time. CHAIRWOMAN HILLER: Right. MR. OCHS: We would like the opportunity, if the board would allow us, to move forward with Dr. Goodman's assistance as he laid out in his presentation, to bring back a detailed business plan and pro forma for this kickstart accelerator that would work not only with private sector partners but, as Dr. Toll said, reaching out to the university institutions and educational institutions in the area to bring back a detailed proposal on this concept of a kickstart accelerator to take advantage of some of the offers we've had from the private sectors for in-kind contributions and direct cash contributions towards this effort. That would be my request of the board as a next step in this particular item. CHAIRWOMAN HILLER: Possibly grants? MR. OCHS: Oh, well, obviously we're working at the state and federal levels for grant opportunities. CHAIRWOMAN HILLER: Sounds great. So with that, do we have a motion? Commissioner Henning, did you want to speak, or did you want to -- COMMISSIONER HENNING: Yeah, I did, and we have a Page 102 December 10-11, 2013 motion by Commissioner Nance. CHAIRWOMAN HILLER: Right. COMMISSIONER HENNING: And seconded by me. CHAIRWOMAN HILLER: We just need to make sure that that motion is properly phrased to be consistent with what the county manager would like. COMMISSIONER HENNING: And that's my understanding, what the recommendations are is what the county manager said; however -- and I know you're coming back. If we're talking about a hard asset hub incubator, I would like to know the vacancy rate and -- well, if we're going to build something new, okay, I would like to -- I don't want to compete against commercial development, commercial existing. MR. OCHS: Yes, sir; yep, understood. COMMISSIONER HENNING: Okay. CHAIRWOMAN HILLER: And one of the things to understand is that we're not going to house these companies for any length of time. The intent is that, you know, once a company is identified as having a potential for success -- and these are more established. This is not like the incubation phase. This is actually accelerating them into the market. The intent is to house these companies, for example, for a year, and then in the meantime that company will go into the commercial market to your point of what's available and will find their space but in -- what we will do is -- you know, there will be a team that will assist them so that when they make that transition from incubation into the market, that, you know, they don't get lost in the process. COMMISSIONER HENNING: No, I understand the whole concept; however, that isn't what we were doing with the so-called incubator at the Immokalee airport. CHAIRWOMAN HILLER: And I am so glad you brought that up because -- Page 103 December 10-11, 2013 COMMISSIONER HENNING: That's a different topic. CHAIRWOMAN HILLER: I know, but I -- can I ask you a favor? Can you bring that back and put that on the agenda? Because that incubator was not properly handled as an incubator, and that is something that should be revisited. So if you could bring that back, that is a very important discussion, Commissioner Henning. COMMISSIONER HENNING: Yes, ma'am. CHAIRWOMAN HILLER: Thank you. I just wanted to hear that. Yes, I like it. All right. We have a motion and a second. Any further discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion -- does everyone understand that the direction is to give the county manager direction to work with Mr. Goodman on developing the plan and -- COMMISSIONER NANCE: You want me to restate the motion? CHAIRWOMAN HILLER: Yeah. COMMISSIONER NANCE: I would like to make a motion to accept the Collier County accelerator feasibility white paper and direct staff to come back with some options for the board to include the development of the accelerator, to include an operational plan, opportunities, and options for funding, opportunities and options for space and staffing and options for proceeding to make ourselves eligible for state funding and grants. And to bring back some opportunities for the board to review and approve. CHAIRWOMAN HILLER: There a second on that? COMMISSIONER COYLE: Second. COMMISSIONER FIALA: I think you already -- CHAIRWOMAN HILLER: Commissioner Coyle seconded. Page 104 December 10-11, 2013 Yeah, that's fine. We've got a motion and a second. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Thank you, Commissioners. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA CHAIRWOMAN HILLER: With that we'll move to public comment. MR. MILLER: Madam Chairwoman, I have one registered speaker for public comment today. Bob Krasowski wants to speak about beach renourishment permit violations. CHAIRWOMAN HILLER: Go ahead, Bob. MR. KRASOWSKI: Hello, Commissioners, again. Bob Krasowski, for the record. You mentioned earlier, when I first got here, that I believe the beach nourishment project's ending today? Wasn't that -- CHAIRWOMAN HILLER: Leo -- MR. KRASOWSKI: Was that correct or this week? CHAIRWOMAN HILLER: -- would you like to comment on the timing? Page 105 December 10-11, 2013 MR. OCHS: Yes. The final truck will be depositing sand today. Of course, the exception to that is the Pelican Bay Beach breach that was held up through an administrative hearing. But the balance of the beach project will be finished today with some punch list items through the balance of this week. MR. KRASOWSKI: Well, congratulations on that. And I was -- I got here just a little too late to hear what your comments were. But before we have a parade and say everything was wonderful, there were a couple of issues, okay, and that was on Vanderbilt Beach. It started at the -- in the middle of October, and there were a couple of nests left there. And as I showed you before, the -- videos that my wife and I had taken of every day until that nest hatched, and there were violations of the permit, okay; whereas, the trucks went too close to the nest, and the beach was not restored every evening to its natural state as is specified in the permit. So I just don't want to rain on anybody's parade, but there's good and bad to everything. And so this is one component of this. Thank goodness you couldn't stop -- it couldn't start in the middle of September and you were delayed till the middle of October because of various hearings or whatever and -- because there would have been more nests there. So I just want to point that out. It will be registered with the state and all the regulatory authorities that this occurred, and they'll determine what has to be done with it, and it hopefully will have an influence in the future -- future projects where we can say that we can't experience reasonable assurance that turtles will be protected when a permit's issued, because you don't follow the permit. Thank you for -- well, not thank you, because I like to thank the veterans of the country who provide all of this for us. But I appreciate -- yeah, you. I appreciate your attention to my comments. Thank you. CHAIRWOMAN HILLER: Thank you. Page 106 December 10-11, 2013 Item #10D THE BOARD OF COUNTY COMMISSIONERS APPROVE AN AGREEMENT BETWEEN COLLIER COUNTY AND RETIS DESIGNATING COLLIER COUNTY EXCLUSIVE RIGHTS TO HOST THE RETIS FACE 6 EXECUTIVE TRAINING PROGRAM IN THE SPRING OF 2014, APPROVE PROVIDING FUNDING IN THE AMOUNT OF UP TO $10,000 FOR FINANCIAL SUPPORT IN FACILITATING THE EVENT, AND APPROVE THAT THE COUNTY'S OFFICE OF ECONOMIC DEVELOPMENT WILL HOUSE AND PROVIDE SUPPORT STAFF TO THE FRENCH GOVERNMENT'S NON-PROFIT STAFF DURING THE PROGRAM PERIOD. THE LOCAL BUSINESS COMMUNITY HAS MATCHED THE COUNTY'S COMMITMENTS BY OFFERING INCUBATOR AND ACCELERATOR SPACE TO AID FRENCH COMPANIES AS THEY LOOK TO ESTABLISH THEMSELVES HERE. THIS IS A PUBLIC-PRIVATE INITIATIVE NOT ONLY INVOLVING LOCAL GOVERNMENT AND LOCAL BUSINESSES, BUT ADDITIONALLY INVOLVING FLORIDA GULF COAST UNIVERSITY AND ENTERPRISE FLORIDA. THE VIEW TO THE LONG TERM IS THAT RETIS WILL ESTABLISH A FORMAL PRESENCE IN COLLIER COUNTY, TREATING COLLIER AS ITS BASE OF OPERATION AS IT BRINGS FRENCH BUSINESSES TO THE REGION — APPROVED MR. OCHS: Madam Chair, that takes us to Item 10D on your agenda this morning. It's -- or this afternoon, excuse me. It's a recommendation that the Board of County Commissioners approve an agreement between Collier County -- excuse me -- Collier County and RETIS designating Collier County exclusive rights to host the RETIS Page 107 December 10-11, 2013 FACE 6 executive training program in the spring of 2014 and approve providing funding in an amount not to exceed $10,000 for financial support in facilitating the event, and approve the Office the Economic Development's ability to house and provide staff support to the French government's nonprofit staff during the program period. Mr. Register will lead the presentation. CHAIRWOMAN HILLER: Thank you. Before Bruce gets started, I just want to mention that this has presented itself as a tremendous opportunity. The governor is aware of this initiative and is supportive. Enterprise Florida is aware of this initiative and has been supportive. We have worked -- the members of the regional initiative are aware of this initiative and are supportive, and the local chamber is not only aware but was directly involved in the recruitment of this business initiative, this incubator of over a thousand French companies that are interested in doing business in South Florida. And before I let Bruce get started with all the details, I do want to share with you just the kind of people in the local community that were actively involved in recruiting this group. One gentleman worthy of note that was instrumental in bringing about this success is -- his last name is Gamier, J.P. Garnier. And I just want to read his bio to you to let you know what kind of people we have here in Collier County, the kind of people that are reaching out to new businesses to make our community that much more prosperous and successful. J.P. Garnier got a PhD in Pharmacology in 1972 from the University of Louis Pasteur in France. He went to Stanford Graduate School, where he got a Masters. His professional career, well, needless to say it's quite impressive. Between 1998 and 2008, he was the CEO of GlaxoSmithKline, the second largest pharmaceutical company in the world. In fact, he was the one who brought about the merger between Page 108 December 10-11, 2013 Glaxo and SmithKline. He is currently the Chairman of the Board of Actelion, which is the largest European Biotechnology Company. He is an operating partner in Advent International, which is a Healthcare Private Equity Firm. He is a Board Member of United Technologies, of Renault and Suherni, and he is on the Board of Trustees of Paul Newman Foundation and the Max Planck Institute. Among his awards, you've got the Officiel Legion d'honneur, which is the French Knighthood, the Knight Commander of the British Empire, and the Marco Polo Award. And his interests are investing in high-tech startup -- so he would be the type of venture capitalist we would be looking to who would be investing in these companies that are going to be starting up here in Collier County. And his hobbies -- and this is what I really like -- is -- well, I like the last part the most. I mean, the first two I could live without -- tennis, golf and, most importantly, living in Naples. That is the profile of the people involved in this initiative. And we're very fortunate to have gentlemen like him working on the ground floor to make this project a reality. Bruce? MR. REGISTER: Thank you, Commissioner. Bruce Register, Director of your Office of Business and Economic Development. I'm here today for 10D. I think the County Manager has prescribed a very accurate depiction of what the recommendation will entail, but I'd like to strongly emphasize that we -- staff is recommending that this agreement be considered favorably for several reasons; first and foremost is this agreement will initiate an introduction to a soft landing for international investment here in Collier County/Southwest Florida, the entire state of Florida for that matter. It will also provide Collier County and the Southwest Florida Page 109 December 10-11, 2013 region -- again, the state of Florida as well -- an opportunity to demonstrate how these French companies can be successful here in our community with our technical assistance to make that integration into our economy easier and more productive for them. For example, we'll be assisting these kinds of companies with seminars and orientation around immigration issues, tax and accounting, labor customs, business plan adaptation to the United States markets, and the flow of goods that will result from that, as well as the investment on both sides of these two continents, will have the net result of creating jobs, improving our economy, and strengthening Collier County, Southwest Florida, and the State of Florida. So it's with that basis that we would provide a recommendation that you would approve this agreement that primarily provides up to $10,000 of support for the lodging and transportation for up to 10 companies from France that will be coming to our shores on an international business development mission. If you have any questions, I'd be delighted to address them. CHAIRWOMAN HILLER: And I want to make sure -- Bruce, just for the record, to make clear, it's $10,000 total, not $10,000 for 10 companies. It's just $10,000 total. MR. REGISTER: Correct. CHAIRWOMAN HILLER: And the other point that you made, Leo, is that the French Government Staff that will be coming over would be -- MR. OCHS: Right. CHAIRWOMAN HILLER: -- housed in Bruce's office. He would be working in conjunction with them, with the other part of the project, which is housing the businesses as they incubate before they move into the accelerator, being done by the private sector, which is the next presenter, and that will be David Diamond, who will step up to the podium after you and explain where those companies will go while the government officials are working under your umbrella. Page 110 December 10-11, 2013 MR. REYNOLDS: Yes. David? CHAIRWOMAN HILLER: David, would you like to present at this point? MR. DIAMOND: Sure. Good morning. Good morning again. I'm Dave Diamond, and thank you for allowing me to speak to you again. At this point, on 10D, I'm speaking to you as co-founder of VentureX. And I have some slides I want to show. I learn visually, so I thought maybe it would help you to see some slides. They're just going to play in the background as I speak. They're images of VentureX and of the group that came from France and when they were here as well as the way we're laid out. So if I can get that started. Let's see. I think that will just play. At VentureX we've had the pleasure of being one of the hosts for the delegation from France on three occasions this year, in April and July and in September. We initially were introduced to them through the Chamber of Commerce. Our first meeting in April was an introductory meeting where they took a tour of VentureX. And later in July they returned, and we hosted them, and they had a contest for young entrepreneurs, and the winner of that contest received a trip to -- for one week to go to France and work inside one of their incubators. And then in September we hosted one of their kickoff events, which was an eight-hour event of speakers and workshops and forums that included several Southwest Florida Leaders from the Chamber, from area university/colleges, and county government. I also was, recently this past July, in Toulon, France, to visit one of RETIS' incubators. Toulon is in the south of France, the Polka Region. The French like to call it their Silicone Valley. And I toured their facilities, and I met several of their start-up companies and was impressed by their innovation and their determination to succeed. Page 111 December 10-11, 2013 And their space was designed very similar to what ours was here at VentureX and some others across the United States that I've seen. At VentureX we are excited that the French group, RETIS, is choosing to pursue Southwest Florida, and we are committed to providing them with office space, event space, mentorship, and assisting with making connections during their next phase of establishing a presence here when they're here in the spring of 2014. Briefly, just about what VentureX is. We're located in Mercato. We're not an accelerator program. We're a private membership office space for innovative businesses. Imagine being able to have your office in a collaborative-type office space like you would see at Google or Facebook or Apple. We have over 70 companies that work there. We have companies that are attorneys, architects, healthcare technology firms, education technologies, social media marketing companies, and also a few nonprofits. The Naples International Film Festival has their offices there. It's a very open and collaborative office. We also host and sponsor weekly events for entrepreneurs. Like yesterday, last night, some of the slides you're seeing there is Florida Gulf Coast University had their Eagle Business Awards. That's a business plan competition. We sponsored them -- for four years now we've sponsored them. And last year they were state collegiate champions. We also host tech meet-up groups, demo days, pitch nights, and product launch events. We'd like to create an environment to help entrepreneurs succeed and accelerate by offering them innovative office space, collaboration, introductions and events. We are very excited to be just one part of the private side of this public/private initiative. Thank you. CHAIRWOMAN HILLER: Thank you. Leo, is there anything you would like to add? Page 112 December 10-11, 2013 MR. OCHS: No, ma'am. I don't know if we have any registered speakers, though, Madam Chair. MR. MILLER: We do. And also, I think Dudley Goodlette wanted to speak. He had to leave, and Cotrenia Hood is here to speak in his stead. CHAIRWOMAN HILLER: Oh, wonderful. Cotrenia? MS. HOOD: Good afternoon, Madam Chair and the Commission. I am Cotrenia Hood, the vice president of Business Development for the Greater Naples Chamber of Commerce and the Partnership for Collier's Future Economy. And I stand before you today on behalf of our leadership and our organization to say that the chamber will do what it does best, and that is support international business throughout Collier County. And we support this initiative from the beginning and will continue to do so going forward. Thank you. CHAIRWOMAN HILLER: And what's really important is that the chamber is actually going to be part of this initiative in that when the companies come over, once they're housed in VentureX and the government employees start working from within the county, the chamber will be working with Bruce Register to help these companies make the right decision to establish themselves here and basically tie them into the community with the professionals that can allow them to establish themselves in the southwest region, be it in Collier County or Lee or any of the other counties that are part of Southwest Florida. And the intent is that if for some reason the company isn't best suited to this area but might be suited to somewhere else in the state, we're establishing a relationship with Enterprise Florida where we will have a dedicated employee to this venture where we will refer that business up to the state who will look for a home for that company within Florida, and then we hope to, as a result, establish reciprocity Page 113 December 10-11, 2013 with that other county that companies that don't work in, for example, let's say, Miami-Dade or Duval, would then -- you know, they would send their businesses down here. So we start -- we start cross-selling throughout the state. And we hope that this will be the starting point for that type of process to take place. MS. HOOD: Thank you. CHAIRWOMAN HILLER: Thank you. MR. MILLER: You also have two registered public speakers, Madam Chair. Your first speaker is Bob McCashin. He will be followed by Bob Krasowski. MR. McCASHIN: Thank you, Madam Chairman, Commissioners, for allowing me to speak today. My wife and I moved to Collier County in Naples about 11 years ago, and we live here year round, so I kind of feel like I'm part of the community now. I'm here to support the initiative we're talking about. I spent 30 years with the EDS, a company founded by Ross Perot, and part of that time I lived in France and Europe, and I ran a lot of the business in Europe and all over South and Central America. There were a lot of bright and young and innovative entrepreneurs in France. I had 3,000 of them working for me. When I got there, they weren't so happy with me, but after a while they warmed up to me a little bit. But there are some very bright people there, and I think this is a great initiative. When you look at all the issues that the government of France is having today with their taxation, there's lots of companies and people that want to move out of France and want to move their money and their business and their ideas to other places, and having Collier County be a welcoming place for them is a great idea, great opportunity, and I want to help that. The other point is one of the young entrepreneurs that worked for me in France was a young guy by the name of Hubert Joly. Today he Page 114 December 10-11, 2013 is the new CEO of Best Buy. So a lot of that technology and talent is coming this way already. CHAIRWOMAN HILLER: That's very cool. Could I ask you a favor, could you please give your contact information to our county manager so that we can get you involved with this whole project. MR. McCASHIN: Be happy to. CHAIRWOMAN HILLER: And what's also important to remember, it's not just those companies coming here, but we have a lot of businesses here in Southwest Florida that have an interest in international expansion and, as David pointed out, there was a woman who won an award. She has a local company, and what she designed was unbelievable. It was so high tech, I can't even describe it, it was so complicated and sophisticated. And so she is actually over there right now looking to see how she can sell her product abroad, which is very important for our local economy because, obviously, selling abroad brings new wealth in which, again, you know, brings about prosperity. So thank you. MR. McCASHIN: Be happy to, thank you. MR. MILLER: Your next public speaker and final speaker on this item is Bob Krasowski. MR. KRASOWSKI: What a day. Hello, Commissioners. Once again, Bob Krasowski. I hate to be an isolationist and don't mean to be an isolationist, but it just kind of troubles me -- and let me first say that this VentureX operation seems just wonderful. I've been by there a couple times, and the whole concept is great and I think they're doing wonderful things. As far as us spending $10,000 -- and we've been going 10,000, 100,000, 200,000, down the list -- $10,000 to support this, I think it's -- this is pretty much a political gift to the governor who wants this to happen here, and I don't think it's appropriate. Once again, we have to keep the government back off, away, not not involved but not involved in the sense we're spending money on Page 115 December 10-11, 2013 these things. You know, of course, I'm swimming upstream. I'm not, you know, in the herd here but, really, it's time to focus on America. Let them go out and find some creative, talented kids from Arkansas or Illinois or wherever and have them come down here and work with them. This international stuff is not doing us any good. Sure, the people want to escape -- the people with money want to escape France like the people with money want to escape from California, or we bring jobs down from New Jersey. But what about the Americans in New Jersey that were living off of those jobs. Just because we can undercut their pay, undercut their standard of living and bring them down here, it's not that great of a thing. So just think about that, you know, everybody that's involved in this. CHAIRWOMAN HILLER: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I support the initiative. It is interesting. We'll have to see where it takes us. But in order to establish lasting business relationships, it's important that there not be any misunderstanding about what we're going to do. And there is a little bit of confusion here in my mind, and if you could just clarify it for me, we could get on with this. But the program duration seems to be defined as a minimum period of six months prior to and a minimum of six months preceding the spring executive training program. Now, I have the feeling that it's really not going to last that long. And the reason I'm asking the question is that we're obligating ourselves to provide housing in your office and staff support for the entire program duration. So tell me what the program operation really is. MR. REGISTER: Commissioner, the reason we included those Page 116 December 10-11, 2013 specifications about time in the contract is, as your officer, it is my duty to protect this organization in terms of the exclusivity of what the agreement we entered into, and that was put in there singularly for the purpose of making certain that plans that they may have that are outside of what their function for Collier County or intentions were for Collier County would not interfere with this relationship that we were establishing. And that is the only reason we put six months prior that there would be a prohibition of marketing, any other United States initiative from the RETIS Group and six months after, and that was to preserve our exclusivity. The program consists of probably a three to four day seminar and visit from these innovative companies from France for us to orient them and for us to display and provide them an opportunity to understand and learn about our community, learn about Florida, learn about how it is that they could, perhaps, pursue their initiative to invest and continue to focus on an objective of starting a business in the United States. COMMISSIONER COYLE: Okay. That didn't really get to my question. MR. REGISTER: Would you clarify then? COMMISSIONER COYLE: Maybe we could just define program duration a little more clearly. MR. REGISTER: Three to five days is what the actual programmatic events will be occurring. COMMISSIONER COYLE: Okay. Could you specify that, then, when it comes to providing housing and providing support staff for the French government's non-profit staff during the program period? MR. REGISTER: The focus on that staff support, I envision, to consist of a few weeks prior to the event and perhaps a few weeks after that while they're establishing the extensive amount of Page 117 December 10-11, 2013 programmatic work dealing in the legwork and preliminary work that will have to be done for a seminar and program consisting of that magnitude. COMMISSIONER COYLE: I just want to make sure that they understand what our intention is, because if they expect six months of staff support and housing in your office, and we are not prepared to provide it, we're not going to develop a good business relationship. CHAIRWOMAN HILLER: No. COMMISSIONER COYLE: And what we have here now is confusing. It's even confusing when you explain it to me. So all I'm saying is, we've defined the $10,000 cap. That's a maximum exposure for cash contributions, but we haven't really defined a cap or a limit for the housing in our offices and for the staff support. There is not even any definition concerning what staff support means. But I just want to make sure that when this is approved, that the county staff has the means and capability to meet the expectations of our partners. And if I were signing this contract, I wouldn't know what that was. MR. OCHS: Commissioner, there's been extensive discussions between the French delegation and Mr. Register. And I apologize for not having that level of specificity in your documents, but I think there's a clear understanding on their part as well as ours about this -- the amount of time they'd actually be in our facility versus the several days that they're actually here in the country. And it's not a year. COMMISSIONER COYLE: But it's not in the agreement. MR. OCHS: It's not a year commitment. COMMISSIONER COYLE: It's not in the agreement. MR. OCHS: Yes, sir. COMMISSIONER COYLE: It would be wise to put that in the agreement. MR. OCHS: And we will reach out to them and try to make that revision so that both parties understand. Page 118 December 10-11, 2013 COMMISSIONER COYLE: All right. MR. OCHS: Thank you. CHAIRWOMAN HILLER: Bruce, would you like to just give us a little bit of a timeline of when these companies are going to be coming over? MR. REGISTER: The anticipated dates are the end of March, beginning of April. CHAIRWOMAN HILLER: Thank you. MR. REGISTER: We haven't narrowly focused that time precisely at this point. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Thank you. Is there a motion on the floor? CHAIRWOMAN HILLER: Not yet. COMMISSIONER HENNING: Do you plan on participating in this yourself? CHAIRWOMAN HILLER: In what capacity? Other than, you know, to be the link between the county and the initiative, like at the board level with Bruce being at the county level. COMMISSIONER HENNING: Yeah. CHAIRWOMAN HILLER: I have been involved. You know, I've been attending the meetings and talking to the French and in French. COMMISSIONER HENNING: Well, the reason I bring that up is you know French. CHAIRWOMAN HILLER: I do. COMMISSIONER HENNING: The language. CHAIRWOMAN HILLER: I do, I do. COMMISSIONER HENNING: And I think that would be well represented by the board if you participate in the welcoming -- CHAIRWOMAN HILLER: Well, thank you. COMMISSIONER HENNING: -- and tell them some of the Page 119 December 10-11, 2013 attributes that we have in here, including the environment. You might want to consult with Bob on some of those things, since we really don't understand that. CHAIRWOMAN HILLER: Bob, I'll take you with me anywhere. No. Thank you. COMMISSIONER HENNING: That -- with the great community we have. And I'm going to make a motion that we approve this item and have the delegation of Commissioner Hiller as representing the Board of Commissioners in this endeavor. CHAIRWOMAN HILLER: Thank you. I very much appreciate it. That's very kind of you, and thanks for that vote of confidence. And it would be my honor to work with the French and be the liaison and work with Bruce and our staff. COMMISSIONER COYLE: We should probably send along an interpreter for her with her French accent. CHAIRWOMAN HILLER: You know, let me tell you something. You just want me to whisper sweet nothings in French in your ear. I know that's where you're going. Okay. I'm sorry. Thank you. COMMISSIONER HENNING: That's my motion. CHAIRWOMAN HILLER: Thank you. Is there a second? COMMISSIONER NANCE: Yes. I'll second that. CHAIRWOMAN HILLER: Thanks. All right. So we have a motion and a second. Any further discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. Page 120 December 10-11, 2013 CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Thank you, Commissioners. Item #10F RESOLUTION 2013-291 : THE BOARD OF COUNTY COMMISSIONERS ADOPTS A RESOLUTION WHICH WILL SET FORTH A ROTATION OF THE CHAIR OF THE BOARD OF COUNTY COMMISSIONERS AND VARIOUS OTHER BOARDS — ADOPTED W/THE REMOVAL OF PARAGRAPH #2 PER COUNTY ATTORNEY KLATZKOW MR. OCHS: That takes us next on your list of time-certain hearing items to Item 10F on today's agenda. This is a recommendation that the Board of County Commissioners adopts the attached resolution which would set forth a rotation of the chair of the Board of County Commissioners and various other boards. And this item was placed on the agenda by Commissioner Hiller. COMMISSIONER HENNING: Move to approve. CHAIRWOMAN HILLER: Thank you. Let me just begin quickly by saying, I feel that we are a board of equals. I don't believe any commissioner on this board is more important than any other commissioner. And I really do feel that it's very important that every district who has, you know, selected their leader, their commissioner, has the opportunity to have their commissioner as the chair. But not only that, I feel it's also extremely important that all Page 121 December 10-11, 2013 members of the board have opportunities of being chairs of the various boards that we have in the county, like the Tourist Development Council, like, you know, the CRAs. Commissioner Fiala has been very involved with the CRAB; Commissioner Henning has been very involved with TDC. And the third component to this executive summary is the creation of a new chairmanship, again, all part of this numerical rotation, which is the chair of Community and Economic Development, and that position is really the liaison to the community development projects and the economic development projects because we need a liaison to the chamber, we need a liaison on the regional alliance, you know, we need -- we need a point person. And, again, that position would rotate. And it's really my hope that as the board rotates through these chairmanships numerically that each commissioner brings to the seat that they're in their views on policy, their -- you know, their thoughts about advancing certain projects over other projects, really for the benefit of the county as a whole. And I think it will give every commissioner the opportunity to really shine on behalf of their local constituents as well as for the benefit as a whole. And, Commissioner Fiala, for example, has been involved in the CRAs and has done so much, but it would really be nice to see her, you know, in that leadership position putting forth, you know, the agenda items with all her great ideas, you know, leading the charge on the CRAs next year, as an example. So that was my thought. I wanted to eliminate the politics. I didn't want anything to be a function of vote. When I was first elected -- you know, when you get elected to the board, you are supposed to, A, know the county's business. And unlike other boards where you don't know what's going on because you're not part of the meetings, with county government everything is Page 122 December 10-11, 2013 public. So you can follow -- if you're running for office, you can follow what's going on. You should know all the issues. You should know all the backup information. It's readily available online. And when you're elected as a commissioner, you are expected to know how to run a board meeting. This is not -- this is not a training ground for, you know, board chairmanship, and you should know the Robert's Rules of Order, you need to know how to run a meeting. And, for example, we have two candidates that are running for Commissioner Coyle's seat. Both have sat on boards, both have been chair of boards. So even if we have new people coming on board, they should be prepared. Now, if they don't want to, you could, for example, allow the vice-chair and the chair to alternate seats till the other person is more comfortable. But the point is to eliminate the politics. They shouldn't be elected positions. Every district should have their commissioner as chair, every district should have their commissioner in one of the other chairmanships that is available to be a part of and to lead. And so that is why I brought forward this executive summary. Commissioner Coyle? COMMISSIONER COYLE: Commissioner Fiala can go first. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Okay, fine. Thank you. First of all, I don't believe that we should really be telling future boards how to elect their people and not elect their people. I think that should be strictly up to them. Second of all, when I looked through here -- by the way, I haven't been a chairman in four years anyway, and I guess I would not be a chairman for another four years, so that means my district wouldn't have somebody on this chairmanship for eight years. So you were talking about fair, but I don't know if that is or not. CHAIRWOMAN HILLER: Well, we can change the order. COMMISSIONER FIALA: Well, it doesn't make any Page 123 December 10-11, 2013 difference, but -- and then also in District 4, next year is Commissioner Coyle's last year. He's going to have somebody else, as you mentioned, run, but that poor person will get into office in November and supposed to take over the chairmanship in January. And as much as you say that they should know, I want to tell you I worked with government for -- solidly with government for at least nine years before I was elected. I got onto this board, and it was a whole new world. I didn't know the players for all of the different departments. I'd never met them. There was different lingo than I'd ever used because I was involved in certain aspects. I think it's a tremendous -- a tremendous handicap to just hand that -- just like with you when you first took over and I said, that's not even fair to you to -- first, one month in and then you have to take over as chairman? I didn't think that was -- CHAIRWOMAN HILLER: I would have had no problem. COMMISSIONER FIALA: Well, maybe you wouldn't have -- CHAIRWOMAN HILLER: No, none whatsoever. COMMISSIONER FIALA: -- but you might be very exceptional. COMMISSIONER COYLE: It's taken three years. COMMISSIONER FIALA: You're kind of brilliant. I'm just a plain old normal person. So it would be different for me, and I'm assuming other people are pretty plain and normal except -- you know, but anyway, so -- CHAIRWOMAN HILLER: Except for Commissioner Coyle. COMMISSIONER FIALA: I believe that this is -- I don't think it's fair at all, as a matter of fact. And no matter how fair you want it to be, I think we should not be dictating to other boards how they should elect their officers. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: I think there are some glitches here. I understand the intent, and I agree with the intent to rotate the Page 124 December 10-11, 2013 positions. But there is a really, really steep learning curve here. And no matter how much we think we are smart enough to handle it immediately coming aboard, I certainly am not, and I would not have wanted to become the chairman two months after I was elected. It would be a disservice, in my opinion, to have a newly elected commissioner to take over that position under those circumstances, because I don't believe that most people who come into this position for the first time really do understand the things about government that we need to understand, and you can learn a lot by observing somebody else in the chair for at least a year. But the second issue is that the way it's laid out, I will be the Vice-Chairman for next year and a member of the Value Adjustment Board. I'll be gone before November, or by November. Value Adjustment Board doesn't really start meeting until about that time. So what you need is someone who can go through the orientation processes for the Value Adjustment Board, but yet I'll be going through the orientation process and then I'll leave, and you'll have to find someone else to go through the orientation process and attend the meeting. So there are some complications here, but I understand the intent, and I support that. But I think it is better for the board to be able to apply their judgment to these things and select the best people at the time to be in these positions. And the set of skills will change from time to time on this board. And it just seems to me that the people who remain on the board are best qualified to assess who they need for leading the Board of County Commissioners. And so that's all I've got to say about it. CHAIRWOMAN HILLER: Thank you. Commissioner Nance? COMMISSIONER NANCE: Yes. I want to begin by saying Page 125 December 10-11, 2013 that I think one of the most important things on this recommendation is the creation of the new community and economic development liaison position, which I think Commissioner Hiller should rightfully occupy. CHAIRWOMAN HILLER: Thank you. COMMISSIONER NANCE: I certainly also support Commissioner Henning as our chair for the new year as well as I do support Commissioner Fiala as chairman of the Community Redevelopment Agency, the CRA, because I know she has a passion about that. What my point is is this: I believe that we have an excellent working group right now, and I think it's quite likely that we're going to continue to have it into the next year, that we're going to have a very skilled group. But what's important to me, I think -- and I understand that -- the intent of Commissioner Hiller, and I do support the fact that chair should rotate, but I also think that commissioners should be able to engage the items for which they have passion and particular skill sets, and I think we need to maintain the flexibility to do that. Commissioner Hiller has, in her chairmanship, been very, very active on the area of community economic development, and she basically has served as the liaison during that time just by the fact that she's assumed that responsibility. She was our lead person on the RETIS issue and on the other Southwest Florida Soccer Foundation that's going to be brought up later this afternoon. I think it would be very detrimental to both those programs -- had she been the liaison this year, she would, of course, be automatically rotating off of that next year, and I don't think that would be right. I think it would -- I think everybody on the board would feel like that was kind of leaving things in a lurch when she obviously has a passion for it, and she's skilled at it and so on and so forth. Page 126 December 10-11, 2013 So I certainly support, you know, the commissioners that I've named being in those positions, but I really don't support adopting this rigid mechanism of getting there. I think that creating something that's inflexible because we're trying to reach back is -- I don't think it's necessary at this point. I feel very comfortable with my peers here, and I certainly am delighted with this new liaison position that Commissioner Hiller is proposing. I'm going to say that we may well need another one. I'm going to say we need a liaison for business and industry that's kind of a companion to the TDC, and we should have another board member that occupies that position. I think that's critical, and I think that's a gap that we've had. So I think there are many other chairmanships. I really -- I support elements of this agenda item and others I don't. I don't want to see us to get inflexible. I want us to see the majority -- CHAIRWOMAN HILLER: Would you -- COMMISSIONER NANCE: I want to see us to be able to get our people in the positions where they're the highest and best use, they have the most enthusiasm, and they have the most skills, and I believe we can do that in a civilized way without a structure. CHAIRWOMAN HILLER: Well, let me ask this: Would you be willing to accept flexibility for all the other positions, but allow just rotation for the chairmanship, so one, two, three, four, five as opposed to an election of the key chairmanship? COMMISSIONER NANCE: Commissioner Hiller, I do agree with Commissioner Fiala and Coyle, and I'll tell you why. I would have been absolutely unable to do justice to my district if I would have been made the chairperson the first day. It's impossible. I see how much you have had to work on it, and you are very experienced with it because you had a couple years' head start and maybe experience that others don't have. Page 127 December 10-11, 2013 I would hate to bring somebody in from District 4 or, you know, maybe Commissioner Coyle's going to run again. I don't know. In that case, no problem. But I would hate to have somebody move into District 4 and have to be the chairman and go through all the orientations with county staff and the different things that I have enjoyed and felt like I needed to spend time to do that, so -- CHAIRWOMAN HILLER: Let me ask a question. COMMISSIONER NANCE: So I'm going to say there's no reason to do that. I think we need to make it happen for these other districts without a structure. CHAIRWOMAN HILLER: Go ahead, Commissioner Henning. COMMISSIONER HENNING: Yeah. I think there's a little bit of confusion based upon what the executive summary says and the resolution. It said -- well, after 2014, thereafter the chair of these boards will rotate in sequence based upon -- so that -- as an example. It's not a given. It's an example -- commencing with the board the first meeting in January 2015. So I think that's where the confusion is. So if we can bifurcate 2014 from 2015, change the resolution to address 2014, then we can address 2015 later on down the road. CHAIRWOMAN HILLER: That's fine. And the key for me -- you know, the issue of the first year, you know, I see as a red herring because we can always accommodate. If there's someone who doesn't want to do it because they're new onboard, that's fine. I mean, I felt comfortable doing it. There are others who might not feel comfortable. I respect, you know, the position of anyone coming new into the seat to make that decision for themselves. The concern was, for example, Commissioner Coyle was chair three years in a row, and it was -- you know, at that time he had majority support of two other commissioners. One commissioner is gone now, leaving, you know, the other commissioners -- you and I, actually, Commissioner Henning -- in a position where, you know, it was impossible to allow for change to occur. Page 128 December 10-11, 2013 And so, you know, your district, my district -- my district did not see the seat -- my district was supposed to fall into the chairmanship the year I was elected, and my seat didn't see it the next year either because, you know, that majority elected Commissioner Coyle for Year 3. And so the intent of the rotation was to eliminate that type of majority control over the seat of the chairmanship of the board. Because, again, we are supposed to be a board of equals. Accommodating -- and I like your idea. I think your idea, Commissioner Nance, is great about the rotation of the others. I mean, I'd be willing to go along and try it for this year and see, you know, how it works. If, you know, next year, you know, you want to do something different, then that's fine. COMMISSIONER NANCE: Well, my only point is this. At any time any future board can get three members and take this resolution and throw it out and elect -- CHAIRWOMAN HILLER: Always. Absolutely. COMMISSIONER NANCE: -- anybody they want to for chair. And they can elect the same person chair in perpetuity until that majority leaves. So I don't -- I really respect the fact that you've laid out these positions like you have, because I think it has great utility, and your new one is spot on. But I just don't think -- you know, I think -- with professional courtesy, I don't think there's any problem here. CHAIRWOMAN HILLER: Yeah. And I agree. For as long as there's professional courtesy and it isn't politics, then I totally agree with you. And assuming that's the case -- COMMISSIONER NANCE: And when you don't, you lose it anyway. So what have you got? Really, what do you have here? What do you have here that can't be undone tomorrow? CHAIRWOMAN HILLER: We can find a new commissioner. Page 129 December 10-11, 2013 COMMISSIONER NANCE: Well, you know, that always happens, you know. CHAIRWOMAN HILLER: Yep. All right. I like what Commissioner Henning has proposed. Commissioner Henning, do you want to restate your position? COMMISSIONER HENNING: Well, move to approve with the amendment of amending the resolution to remove the reference of any positions in 2015 and just stay with what's being proposed for 2014. MR. KLATZKOW: So I'll take out Paragraph 2 of the resolution, sir. COMMISSIONER COYLE: Yep. COMMISSIONER FIALA: Say that again, Jeff. MR. KLATZKOW: I will be removing Paragraph 2 of the resolution, which is Page 457. COMMISSIONER FIALA: But I think all of those things were going to be in place anyway for next year. I mean, you're going to be chairman. We all knew that, and I don't see anything -- CHAIRWOMAN HILLER: We did? COMMISSIONER FIALA: Well -- CHAIRWOMAN HILLER: I didn't. COMMISSIONER FIALA: Well, actually, I thought he was going to be chairman last year, and he had mentioned a couple times, well, when I'm chairman, and he thought he was going to -- I did, too, but it was he that motioned for you to be chairman. I nearly fell off my chair. CHAIRWOMAN HILLER: Did you really? COMMISSIONER FIALA: Yeah, because we were going to nominate him, and so I was really surprised at that. But that was fine. If that's what he wanted, fine with me. You remember that very clearly. You were -- yeah. COMMISSIONER HENNING: Well, the reason is I didn't have an aide at that time. I did not have an aide. Page 130 December 10-11, 2013 COMMISSIONER FIALA: Oh, I see. COMMISSIONER HENNING: And the job as chairman takes a lot of work, and you need a lot of assistance. COMMISSIONER FIALA: And you're right about that. But see -- and you know, I mean, I thought we would be going in that rotation. And then, to me, as long as we're talking right here, right now, I can't see any reason why -- you know, I think all five of us agree that you're next up to bat. I don't even know -- so is there really a reason -- and we're all agreeing that you started off with this Community Economic Development. CHAIRWOMAN HILLER: Community and Economic Development or both. I mean, it's Community Development and Economic. Just -- COMMISSIONER FIALA: Thank you. Just for clarification. CHAIRWOMAN HILLER: Clarification. COMMISSIONER FIALA: Anyway. And next year -- now say, for instance, you're wildly successful and you've been communicating with other countries -- and you can speak so many languages -- and maybe we feel that you would be best to stay in that position, why should we rotate you out? You know, to me, those are -- these are things -- you have to think about each position. CHAIRWOMAN HILLER: You make a good point. COMMISSIONER FIALA: And say, for instance, we created an ag position, well, heck, I don't think I'd be very good in an ag position, but I certainly think Commissioner Nance would be. I mean, you know, we have to be thinking about these individually, and I think we're all smart enough to carry on and do our -- and do the business at hand rather than be programmed to have to accept whatever. CHAIRWOMAN HILLER: Well, I have no problem. You know, I think, you know, if we want to accept the positions -- thank you so much. If we want to accept the position as presented and defer this idea to next year and see happens and see whether it makes sense Page 131 December 10-11, 2013 to have an election or a rotation, we can deal with it next year. If the board is satisfied with the slate of the commissioners in the positions that have been proposed, we can go ahead and just do that. COMMISSIONER NANCE: For example, I would really like to know what Commissioner Coyle would like -- this is his last year of service, or so he tells us, and I would like to know what interests, sir, you have and what you would actually enjoy doing next year, if anything. COMMISSIONER COYLE: I enjoy doing anything the board would like for me to do. But let me make sure that we correct one perception. I am not aware of any time in the past 15 years when a newly elected commissioner was made the chairperson. COMMISSIONER NANCE: No. COMMISSIONER COYLE: I certainly was not. I served -- it was in my fourth year before I got a turn. And, generally, I think it has been that the new person falls at the end of the line. That's the way it was before. And that gave the new person an adequate opportunity to learn about the process and become better informed, and in that process I think you serve the board better and you serve the constituents better. So I think going with Commissioner Henning's recommendation is fine, and I'll serve in whatever capacity the board -- CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Who's going to second the motion? COMMISSIONER COYLE: Second. COMMISSIONER HENNING: All right. CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: All in favor? CHAIRWOMAN HILLER: We have a public speaker. MR. MILLER: Madam Chair, we do have one registered public Page 132 December 10-11, 2013 speaker, Bob Krasowski. MR. KRASOWSKI: How'd you guess? COMMISSIONER COYLE: Why don't we give Bob 30 minutes at the beginning of the meeting every meeting, and then we'll -- CHAIRWOMAN HILLER: It really would be easier. COMMISSIONER COYLE: -- save his time and our time. MR. KRASOWSKI: See, that's contrary to what I'm addressing at this time -- COMMISSIONER COYLE: Okay. MR. KRASOWSKI: -- and that is the need to manage and handle things as they come along, so I'm kind of agreeing with you. I think the young upstarts should take advice from the senior commissioners. COMMISSIONER COYLE: You're destroying my reputation, Bob. MR. KRASOWSKI: I'm sorry. Just don't say anything. You don't have to say "agree." But I'm agreeing with you, so -- This is a political body, so there's going to be politics involved, so you don't have to do that. But what concerns me about this conversation is this control issue. It's really wild that, you know, somebody wants to pick what position is going to be this year, next year, and then rotating and this. And that's obvious that it accommodates their desire to be in the slot that they'll be in, and that kind of worries me because then you could -- when you're one thing, you could set yourself up for the next year. You know what you're going to be two years from now -- from then. So just leave it like it is, you know, and the politics will work out. If there's some professional courtesy and consideration, let that occur. If somebody's being left out, and -- like poor Commissioner Fiala didn't have a chairmanship for four years. If somebody's going to be left out, then you have to kind of work it out amongst Page 133 December 10-11, 2013 yourselves, you know. And I guess that's pretty much it, you know. It's like -- so I don't have to get too excited because you seem to be going in that direction. But let me ask, do I understand correctly what you're thinking of doing is identifying those roles for everybody that are identified in the executive summary for this year, coming year, and then after that it's kind of open to whatever -- so you're going to kind of pretty much stay with it but accepting what roles -- yeah. Well, that sounds good. Thank you. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I think we also want to include in this a discussion of who's going to serve on the Southwest Florida Regional Planning Council, because I think this is a particularly important time for that body. And I've found it actually very enjoyable and good. So I would think that, perhaps, the liaison to Community and Economic Development would want to be one of the seats. Perhaps you would consider that. I would certainly enjoy continuing to serve, although Commissioner Henning is on that now, and I would like to hear what he has to say about that. COMMISSIONER HENNING: I think it's -- it's an appointment; it's not an annual appointment. COMMISSIONER NANCE: Okay. COMMISSIONER HENNING: But if you want it, you can -- you can go on it. CHAIRWOMAN HILLER: I can do it? COMMISSIONER HENNING: Yeah. CHAIRWOMAN HILLER: Thank you. That's really nice. COMMISSIONER HENNING: As long as you drive. COMMISSIONER NANCE: I think it's a good fit for that liaison position. COMMISSIONER HENNING: Would you like to do that? Page 134 December 10-11, 2013 CHAIRWOMAN HILLER: I would love to. COMMISSIONER HENNING: I'll resign then. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: I'll put it on the agenda. CHAIRWOMAN HILLER: That's very nice of you. Thank you very much. I appreciate that. COMMISSIONER FIALA: Do we have just one person on Regional Planning Council or -- COMMISSIONER NANCE: We have two now. COMMISSIONER FIALA: Aren't you on there now? COMMISSIONER NANCE: Yes, ma'am. COMMISSIONER FIALA: And, see, I think you should continue. COMMISSIONER NANCE: I would very much like to continue if the board would allow that. I would really like to do that. COMMISSIONER FIALA: Yeah. I think that that's great. I think you'd fit right into that role. COMMISSIONER NANCE: I found it a tremendous utility here recently, actually. COMMISSIONER FIALA: So I don't think we should change. COMMISSIONER NANCE: And the other thing is, I will -- I will -- if there is any consensus on the board here, I would also like to propose another one, and I'll bring an agenda item forward -- to have the liaison to business and industry, which I think is going to be necessary, because I think this liaison and community economic development is a huge, huge bite. And I think another person that's working with business and industry, other than the TDC -- you know, those businesses outside of the TDC, I think they deserve some attention, and it will be a very good nexus for us to come back if we're going to engage our private businesses. So if there's any thought that that has any merit, I will bring that back to the board for review. COMMISSIONER COYLE: Why not? Page 135 December 10-11, 2013 CHAIRWOMAN HILLER: I think the vice-chair should do that. COMMISSIONER NANCE: Who's the vice-chair? I don't even know. CHAIRWOMAN HILLER: Coyle. COMMISSIONER NANCE: Okay. COMMISSIONER FIALA: You might have a good point there. Look at the businesses he has not only created -- COMMISSIONER NANCE: There you go. COMMISSIONER FIALA: -- but, yeah, you know, that might be a really good position for you. COMMISSIONER COYLE: You think so? COMMISSIONER FIALA: Yes, I do. COMMISSIONER COYLE: I think that -- COMMISSIONER FIALA: I'm with Tim Nance on this. COMMISSIONER COYLE: -- Commissioner Nance has really good ideas. COMMISSIONER FIALA: He did, and he said you should do it CHAIRWOMAN HILLER: He's a good choice, too. COMMISSIONER COYLE: -- about expanding -- CHAIRWOMAN HILLER: Well, let's talk about that at the next. COMMISSIONER COYLE: -- taking on the agribusiness -- CHAIRWOMAN HILLER: Go ahead and put together an executive summary on that and bring that back. COMMISSIONER COYLE: Let's vote on the current motion and do this. CHAIRWOMAN HILLER: Yeah. COMMISSIONER FIALA: Repeat the motion, would you? CHAIRWOMAN HILLER: All right. What's the motion, Commissioner Henning? COMMISSIONER HENNING: Oh, it's been such a long time Page 136 December 10-11, 2013 ago. Let's see. It was to adopt the upcoming year recommendations as outlined by the chair. COMMISSIONER NANCE: Paragraph 1 . COMMISSIONER HENNING: Paragraph 1, eliminate Paragraph 2 or 3 or whatever. MR. KLATZKOW: Paragraph 2 would be eliminated. Now, your ordinance requires you to make these appointments in January. We'll bring this on as a perfunctory item, but this will help us at least in naming all the documents correctly. CHAIRWOMAN HILLER: Right. So in January you'll just -- MR. KLATZKOW: And there will be other items as well, I hear, as to other appointments. COMMISSIONER HENNING: Right. COMMISSIONER FIALA: Like Regional Planning Council, you mean? MR. KLATZKOW: Yes, ma'am. CHAIRWOMAN HILLER: Okay. Do I have a second? COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: We have a motion and second. Any further discussion? COMMISSIONER NANCE: I think Commissioner Coyle actually seconded it, didn't you, Commissioner Coyle? COMMISSIONER COYLE: Yes, I did. CHAIRWOMAN HILLER: Okay. Commissioner Coyle, second. COMMISSIONER NANCE: Commissioner Coyle seconded. CHAIRWOMAN HILLER: We have a motion and a second. Any further discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. Page 137 December 10-11, 2013 COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Madam Chair, that takes us to Item IOG, which is the last in the series of time-certain items. And this is the chairwoman's annual report highlighting significant board accomplishments in Calendar Year 2013. COMMISSIONER FIALA: May I ask after that -- we've got a bunch of people back here -- CHAIRWOMAN HILLER: Yeah, I saw that. COMMISSIONER FIALA: -- to speak. CHAIRWOMAN HILLER: Yep, and this is only going to take 10 minutes. I actually timed it. COMMISSIONER COYLE: Okay. Start the clock. CHAIRWOMAN HILLER: Don't you dare. Do not do that. COMMISSIONER NANCE: I do not believe that, Commissioner Coyle, actually. COMMISSIONER COYLE: Turn the buzzer up really loud. COMMISSIONER FIALA: Maybe we should listen to them first. MR. MILLER: I operate at the discretion of the chairwoman. CHAIRWOMAN HILLER: I think that's a good idea. I agree with you. Let's go ahead -- I think the commission will really appreciate, you know, maybe making some comments to add to what I'm saying. Leo, we've got a whole bunch of people sitting in the back. Each and every one of them is paying Tony Pires right now as he sits there doing nothing. So I just want you to know that I do not believe in enriching attorneys like that. It is, like, fundamentally unfair. Page 138 December 10-11, 2013 So in the interest of, you know, fair play, can we hear this item so these people can go home? MR. OCHS: Absolutely, absolutely. COMMISSIONER COYLE: Motion to approve. CHAIRWOMAN HILLER: Second. MR. OCHS: Commissioners, let me read it. Item #9B RESOLUTION 2013-292 & ORDINANCE 2013-70: THE BOARD OF COUNTY COMMISSIONERS (1) ADOPTS THE ATTACHED RESOLUTION WHICH WOULD AUTHORIZE THE USE OF THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS WITHIN THE LA PENINSULA COMMUNITY TO FUND THE COSTS OF PROVIDING SEAWALL IMPROVEMENTS AND OTHER WATERWAY IMPROVEMENTS FOR THE LA PENINSULA COMMUNITY, AND (2) TO ADOPT AN ORDINANCE TO ESTABLISH THE LA PENINSULA SEAWALL MUNICIPAL SERVICE BENEFIT UNIT — RESOLUTION ADOPTED; ORDINANCE ADOPTED W/CHANGES MR. OCHS: It's Item 9B on your agenda, and it's a recommendation that the Board of County Commissioners, number one, adopt the attached resolution which would authorize the use of the uniform method of collecting non-ad valorem special assessments within the La Peninsula Community to fund the cost of providing seawall improvements and other waterway improvements for the La Peninsula Community and, number two, to adopt an ordinance to establish the La Peninsula Seawall Municipal Service Benefit Unit. COMMISSIONER FIALA: And you already made a motion, Commissioner Coyle? Page 139 December 10-11, 2013 COMMISSIONER COYLE: Made a motion to approve. COMMISSIONER FIALA: Then I'll second it. COMMISSIONER HENNING: Well, wait a minute, wait a minute, wait a minute. Wait, wait, wait, wait. Are we going to have a discussion on this item? CHAIRWOMAN HILLER: It's up to you. COMMISSIONER FIALA: We can. Whatever you want. CHAIRWOMAN HILLER: It's your choice. COMMISSIONER HENNING: Are we on 9 -- CHAIRWOMAN HILLER: Yes. We're on 9B right now. COMMISSIONER FIALA: How many speakers do we have for this? COMMISSIONER HENNING: Let me get to my notes, because I thought we were going -- MR. MILLER: I have one registered speaker, and that is Mr. Pires. COMMISSIONER HENNING: Okay. This MSTBU was the understanding that it was going to be seawall repair in an HOA community. Now I see on there other waterway improvements. There's no definition in "other waterway improvements." And I know that the community has worked with the County Attorney's Office to help draft this. What is "other waterway improvements"? That needs to be identified within the documents. MR. KLATZKOW: It was left a little open just in case there needed to be something else done in order to fix the seawall, so it was purposely a little vague. COMMISSIONER HENNING: Okay. Such as docks, correct? MR. KLATZKOW: No. That's -- COMMISSIONER HENNING: The docks are connected to the seawall. But a dock is an other waterway structures. Are we talking about dredging? Page 140 December 10-11, 2013 MR. KLATZKOW: We might be talking about dredging, yes, along the wall, if need be. CHAIRWOMAN HILLER: Well, could you narrow -- more narrowly define -- you know, in any other activities related to supporting that seawall, could you -- you know, that -- instead of other waterway improvements, say "and such improvements as needed." MR. KLATZKOW: And other improvements necessary to repair the seawall. CHAIRWOMAN HILLER: Necessary, you know, ancillary to the seawall, and then you have it all connected. So if you need to dredge to support the seawall, you can do that. If you need to repair a dock to support the seawall. As long as there's a nexus between, you know, the funding and the seawall. MR. KLATZKOW: Yeah, that's fine. COMMISSIONER FIALA: Why don't we have Tony come up and speak for the community. CHAIRWOMAN HILLER: That's a good idea. MR. PIRES: If I may, real briefly. CHAIRWOMAN HILLER: Sure. MR. PIRES: Tony Pires, representing the petitioner in this case. CHAIRWOMAN HILLER: Excuse me. Go 'Noles. MR. PIRES: Go 'Noles. CHAIRWOMAN HILLER: Just saying. MR. PIRES: And I didn't wear that tie today in the Christmas spirit. CHAIRWOMAN HILLER: Understood. COMMISSIONER FIALA: You don't even have a Christmas tie on. MR. PIRES: I know. I couldn't find my dancing, drinking moose ties, which I usually wear this time of year. I think my wife hid it. I think those clarifications are -- that's what was intended, Page 141 December 10-11, 2013 because there might need to be riprap placed. We don't know for sure. There might be some additional repairs in the waterway itself to support the seawall, and that's what we're focused on. And so to the extent that you want to tie all those in ancillary, associated with, related to the repair, replacement, and reconstruction of the seawall -- COMMISSIONER HENNING: This is a multi-million-dollar improvement. It's going to take several years. MR. PIRES: Yes. COMMISSIONER HENNING: Would you say it would take several years before collecting enough money to do the repairs, or are you looking for an advancement? MR. PIRES: The approach is -- not an advancement, but a financing that would be repaid solely through assessments on the benefit of properties within the La Peninsula MSBU. So that would be the funding source, the financing source, as indicated. And we met with the finance committee to talk about various ideas. And that way we could have the project accomplished, depending upon what ultimately comes before this board and the decision that you-all make based upon engineers reports and recommendations from an advisory committee that, hopefully, this could all be accomplished within a two-year time frame for the construction and the financing over a period of time. CHAIRWOMAN HILLER: Sounds great. COMMISSIONER HENNING: Okay. During that period of time, it's saying that the county will own these facilities that are being improved, and an easement is going to have to be given; is that correct, Mr. Klatzkow? MR. KLATZKOW: We think that that might be necessary, yes. COMMISSIONER HENNING: Okay. Would that be an access easement? MR. KLATZKOW: It will be the minimum easement necessary to get the financing. Page 142 December 10-11, 2013 COMMISSIONER HENNING: Well, then it would be a public access? MR. KLATZKOW: There might be, but the idea is that you're not going to get the financing unless the financing institution is of the belief that it passes all legal tests. That may include some sort of public ownership for the seawall. I don't know what that will be. COMMISSIONER HENNING: That's because of Florida Statutes. MR. KLATZKOW: That's because at the end of the day, public money must be spent for a public purpose. COMMISSIONER HENNING: Public purpose. MR. KLATZKOW: That's correct. COMMISSIONER HENNING: And that's what it says in the Florida Statutes. So does the public get a right to use that for fishing? MR. KLATZKOW: I don't know. COMMISSIONER HENNING: You know, traverse there, because that's always been great fishing right there. It has been. You know, for the last 40 years I've known people that fished over there. So we have to make accommodations for the public to utilize that. So that's my comment. Now, I don't know what the rush is on this ordinance, why we have to -- I understand the need to pass a resolution, but I think we're rushing this ordinance for some unknown reason, and it doesn't have to be done, because it's a creation of an advisory board. What the request is, is a funding vehicle, okay, and that's the resolution. We still -- and it spells it out in the executive summary to hire Nabors Giblin to get through the financing mechanism; however, this ordinance is premature, and it doesn't have to be done at this time. It needs to be flushed out. We need to know what the ansilated (sic) waterway improvements are, okay. We need to know -- we really need to know an easement so the public can gain access to that. You know, I would love to pick up Page 143 December 10-11, 2013 some of my friends there when I go camping. It's the closest place where I go camping out there. So, you know, we need to provide -- the community needs to tell us where the parking's going to be for the public to use it. And, furthermore, Jeff, have you had communications with Nabors Giblin on this item? MR. KLATZKOW: Yes. COMMISSIONER HENNING: Have they ever seen such a request for funding of private property -- MR. KLATZKOW: No. COMMISSIONER HENNING: -- of an MSTU? Is this -- MR. KLATZKOW: No. We're having to work through some legal issues to get there. COMMISSIONER HENNING: This will be a first -- I mean, they do a lot of funding mechanisms for special projects, CDDs and MSTU and MSTBUs, and this will be a first. MR. KLATZKOW: This will be a first for them, yes. MR. PIRES: If I may, Madam Chairman, just some of the comments, questions Commissioner Henning has raised. I guess, from the standpoint of the adoption of the ordinance, that creates the MSBU to start the vehicle moving forward, have the advisory committee appointed, to then begin the process of exploring and addressing all the different issues that you have raised. And it's from the standpoint of the payment of the funds for the engineering services and Nabors Giblin, the association, my client, has agreed in having a formal board meeting next week to advance fund that to the MSBU, so that's revenue neutral to the county in the county's General Fund. With regards to the facts in the county -- it might be necessary to have a limited easement for seawall purposes. In my opinion, I don't think the public can go and fish in all of your water management facilities. I don't think the public has a right to access all of your Page 144 December 10-11, 2013 drainage easements that have been dedicated or conveyed to Collier County or lake maintenance easements that have been dedicated and conveyed to Collier County. By virtue of it being -- the entity having an interest in the real estate to perform its governmental function doesn't necessarily mean the public, as a whole, has a right to access those facilities. And those are the issues -- COMMISSIONER HENNING: Well, see, this is why this is premature. MR. PIRES: In my opinion, those are the issues that will be fleshed out as we go through this whole process, or else we'll never get to that stage. And I think it's an important step to address those issues. At the end of the day, if the recommendations come to this board, a particular type of report and the board doesn't accept it, well, then, the board doesn't accept it, but we'll never know that answer until we get those reports. COMMISSIONER HENNING: Well, see, this is premature to -- adopting this without -- I mean, Nabors Giblin, we've always worked with them on bonding issues. They know it. And, quite frankly, I mentioned it at the last meeting, I've mentioned it through emails to the citizens over there. Please provide public access so I can park my boat over there, because the Florida Statutes is very clear on this, is whenever you use public money such as this -- because they refused to create a CDD or an HOA to do the repairs like every other HOA has done on the roofs, their air conditionings, their lake maintenance and so on and so forth, somehow that is not an option for them. They want to use public dollars. These are public dollars. Once you start collecting them through an MSTU, MSTBU, that becomes a public facility, and I want public access to it. Page 145 December 10-11, 2013 So the answer (sic) needs to be answered by Nabors Giblin, not the attorney representing the community, because that's what he's getting paid for, with all due respect. MR. PIRES: And I recall that at the finance committee meeting, that Nabors Giblin said, and Chapter 170, Florida Statutes, provides the authority for municipalities to engage and impose special assessments for seawall construction and repair. And Nabors Giblin, at the finance committee meeting, did not indicate any difficulty with this concept. COMMISSIONER HENNING: It's right in our executive summary. MR. KLATZKOW: Your core issue's going to be the financing, all right. If under this structure no one can get financing, we're going to need a different structure. But at this point in time, this is the structure that the community wants. We're going to be looking for financing under this structure. The entity willing to give the financing and maybe having certain requirements, such as changing the ordinance; I don't know. At that point in time -- COMMISSIONER HENNING: Well, the ordinance needs to be changed anyways. It needs -- MR. KLATZKOW: Down the road, it's not unlikely that the ordinance will need to be changed. But your real key here -- you have two keys here. One's the resolution so we can get this going with the tax folks, and the other key is not the ordinance so much as the financing, and that's really where the work's going to have to be done with Mr. Isackson's group and Nabors Giblin. CHAIRWOMAN HILLER: So Commissioner Fiala, and then Commissioner Coyle. COMMISSIONER FIALA: Yes, thank you. And I think they've paved the way. This is the next step. Page 146 December 10-11, 2013 They've been meeting for a whole year. It's not like they're rushing into anything. They've been meeting for a whole year trying to get this moving forward. They know what they want to do. They know what steps they have to take in order to get to the next step. They've met with financing. I think they've even met with the Clerk of Courts, haven't they? MR. PIRES: No, just with the finance committee. COMMISSIONER FIALA: Just the finance committee, Crystal. MR. PIRES: Correct. COMMISSIONER FIALA: And this is the next step, and I don't know why we would want to delay it. And I just want to add that this is going to -- you know, things like this, when we make it cumbersome and difficult for businesses to move forward, that always sends messages to the other businesses that, you know, we don't even want to work with them, especially, if they've been trying and trying, like these people have for over a year, and we still hold them up. You know -- and like these guys have said, now they next need to meet with Nabors Giblin and then they have to move forward and see about the financing, but they can't move forward until we have this in place, and I do not see why there's any type of a holdup. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think it's clear to the residents and to the members of the board that a resolution -- passing the resolution has nothing to do with the financing issue and is not binding on us. So I see no reason why we wouldn't go ahead and pass the resolution and create the MSBU now. If it gets to the financing issue, and the only way that you can get financing is for the county to assume control of it, then we can have that debate at that point in time. It could be that you will find another way to solve this problem by that point in time, but unless you can start with the MSBU and start Page 147 December 10-11, 2013 accumulating some money over time, you're not ever going to get ready to do anything, and that's the problem. We can give you the authority to create the MSBU. We can approve the resolution without even getting involved in the issue of who it belongs to at this point in time. So I see no reason we can't take the first step. MR. PIRES: Thank you. Appreciate that. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I also don't see any reason why we can't take the first step. I would not routinely support Collier County Government getting engaged in circumstances like this on a routine basis; however, that having been said, just the personal knowledge I have about the severity of this situation and what these -- the magnitude of the problem that these residents are facing, that water that they face is some of the most severe marine condition in Florida that I know of south of Boca Grande Pass. It is going to be a huge challenge. And I'm fearful that if they don't find a mechanism to go forward, that we're, one day, in the not too distant future, likely to see part of that peninsula fall into Marco Pass and create a very, very uncomfortable and horrible circumstance that none of us are going to want to be looking at. So I have applauded them on trying to find a way to do it, and I believe we should assist them at least taking this first step and see what -- give them a chance to move forward. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Yeah. Commissioner Nance, with all due respect, I disagree with you. I know those waters. I don't see a harm on that changing. You know, even a hurricane, that waterway is so wide and so deep, I just, you know, respectfully disagree with your analysis. The issue is we're setting precedence, not only in Collier County Page 148 December 10-11, 2013 but the whole state of Florida. This has never been done for an HOA in the whole state of Florida; however, I will support the majority but still keep on raising the issue that the only thing that needs to be done today is a resolution, not the ordinance. It needs to be cleaned up. You need to hear from your bond counsel on details. Since this is the first time, you need to hear from your bond counsel on what the exposure is to the county and what the responsibility is to the county. And, quite frankly, I'm going to still be pushing for public access. CHAIRWOMAN HILLER: But, you know, from -- Tony, I think we have to be absolutely sure that in no way -- I mean, these are all very good people. You're a great lawyer. We get that. But it is absolutely imperative that, you know, we have the assurance that, you know, this MSTU is a governmental entity. It does become Collier County Government. And if this financing were to take place, and given that it isn't the county's asset, how does that work? And who is really -- who is incurring the debt? MR. KLATZKOW: We have to come back to you on that. We don't have the financing in place yet. I cannot answer that question. CHAIRWOMAN HILLER: Well, here's the thing: The MSTU, as it's created, can't be acted upon by private citizens. So even though the MSTU is created and you have an advisory board, there's nothing that the MSTU can do without the board's approval. MR. KLATZKOW: You are the governing body. CHAIRWOMAN HILLER: Right, I know. That's what I'm saying. We are one; that's said more properly. MR. PIRES: Yeah. CHAIRWOMAN HILLER: So, to your point, we're in control. We're in control of what this MSTU does. So if we pass this ordinance and decide not to take action, like, to finance or we decide to take action to create public access because it's deemed a public asset for whatever reason because we're financing it, or however it turns out, or we decide not to, you know, consider it Page 149 December 10-11, 2013 available for public access, even if it is a public asset, and then the question is, is it or is it not a public asset? We're in control. So passing the ordinance doesn't do anything to advance anything, because until we vote again on what action this MSTU will take, we are not going to take any action. We're not voting on an action. We're just voting on the creation of the MSTU and defining what this MSTU can do. And if it turns out that what this MSTU is proposing to do is not legal then, obviously, we won't be taking any action on the item. COMMISSIONER HENNING: Well, the ordinance -- CHAIRWOMAN HILLER: Is that correct? COMMISSIONER HENNING: The ordinance is setting out the advisory board. CHAIRWOMAN HILLER: Right. But the advisory board has no clout to do anything. The advisory board -- no, it can't. The advisory board is not in a position to take action without board approval. The advisory board cannot commit to financing. The advisory board cannot -- MR. PIRES: That's correct. CHAIRWOMAN HILLER: -- make expenditures. It is only the Board of County Commissioners that can do that. MR. PIRES: And there's a request to establish that mechanism to begin that process by establishing the MSBU and then calling for people to apply to be on the advisory committee to then have those committee meetings to discuss all the various issues. CHAIRWOMAN HILLER: To do all of the research necessary, and then bring that information back to us to -- MR. PIRES: Correct. Including the engineer's report, which would outline recommended courses of conduct. And all of that will come back to the Board of County Commissioners for the ultimate decision making. And Nabors Giblin drafted the ordinance, and the only -- except Page 150 December 10-11, 2013 for the language that I suggested on the advisory committee. The rest of it was drafted by your bond counsel. And, again, they had no hesitancy -- my recollection of the finance committee meeting, Nabors Giblin and your financial advisor, your FA, had no difficulty with this concept. The only question was whether or not it would be tax exempt or taxable, whatever the financing was, and what type of interests the county would need to have for the purposes, you know, in narrowing it down, of being able to finance it. And those have not been fleshed out. But we need to -- in our opinion, need to take those steps, or we'll never get past go. And this is beginning the process to come back to you. And depending upon what those reports are, you make the ultimate decision based upon the recommendations of the consultants and the advisory committee, and that's what we'd request, you take these first two steps. COMMISSIONER HENNING: You guys do what you want. This has got stink on it. COMMISSIONER FIALA: What did the CEO of Publix say? "Start." COMMISSIONER NANCE: Provide some limitation, sir, so we can delineate something that meets your comfort level. COMMISSIONER HENNING: What I suggested was adopt the resolution. Don't adopt the ordinance until we can flesh out things like specificity, what are other water improvements, what is bond counsel, what is the -- what is the liability and the county's -- are they going to own this? Are we going to provide public access? You know, all those things. MR. PIRES: Madam Chairman, if I may, in all due respect, I don't even think we get there unless we have the ordinance to then engage the services of the engineer and engage the services of Nabors Giblin to be paid for by the community's advanced funding so there's Page 151 December 10-11, 2013 no impact to the -- and then we come back to the board with a recommendation. COMMISSIONER HENNING: That's the construction of it. MR. PIRES: No, it's all of it. It's the -- COMMISSIONER HENNING: The engineer -- MR. PIRES: It's for the record engineer's report, which will also be an assessment methodology, and Nabors Giblin to provide legal advice to be paid for by the MSBU, which is paid for by the property owners, and we would advance fund those monies to the MSBU to be a net revenue neutral to the board and to the county. COMMISSIONER HENNING: The resolution is the funding mechanism. The ordinance is to set out mainly what the MSTU or the advisory board is. CHAIRWOMAN HILLER: Commissioner Nance? MR. PIRES: Madam Chairman, in all due respects, the monies from the assessments will not be coming in until the tax bill in November, so there won't be any money until November or December of 2014. COMMISSIONER HENNING: This needs to be adopted this meeting or, otherwise, there won't be any -- any kind of assessment. MR. KLATZKOW: The resolution should be adopted this meeting, yes. COMMISSIONER HENNING: Yeah. MR. PIRES: But I'm saying the revenues won't come in until November/December 2014. COMMISSIONER NANCE: Mr. Pires, could not the HOA serve that function rather than a committee in advance of this decision? MR. PIRES: My opinion is no, the advisory committee to the board, because the engineer's report would be one commissioned by an engineering firm retained by the board going through the CCNA process, which it needs to go through. Page 152 December 10-11, 2013 CHAIRWOMAN HILLER: Is it going to go through the county? MR. PIRES: Yes. All that would be through the county. CHAIRWOMAN HILLER: Leo, you're doing the bidding on the engineering? MR. PIRES: Yes, all of it would be the county, and the arrangement with Nabors Giblin will be between the county and Nabors Giblin. MR. OCHS: Ma'am, I don't know. CHAIRWOMAN HILLER: I'll tell you, I would -- you know, I'd love to see this approved, but I'm seeing Leo -- MR. OCHS: Let me, if I could, Commissioners, call Mr. Isackson to the podium just for a moment, because he's dealt with this through the finance committee, and maybe he can shed a little more light on the specific issue without belaboring this. Mark? CHAIRWOMAN HILLER: And let me just comment for the benefit of the public. This is, you know, an issue of first impression for us, so it is something that needs more time just to make sure we're doing everything correctly and, importantly, legally. COMMISSIONER COYLE: Well, could I just emphasize something? If you create the advisory committee, the advisory committee has to come back to us. CHAIRWOMAN HILLER: Right. And that's what I've been saying, Commissioner Coyle. COMMISSIONER COYLE: In order to do anything they want to do -- CHAIRWOMAN HILLER: Right. That's exactly right. COMMISSIONER COYLE: -- they have to present to us a budget, they have to get permission to get an engineer to study the process, give an estimated cost, and then they bring that back to us, and then we can decide if we like it. So we get -- CHAIRWOMAN HILLER: Exactly. And the point is, is if the Page 153 December 10-11, 2013 determination is made that it's not legally doable, we just dissolve the MSTU. COMMISSIONER COYLE: Yeah, there's no harm done. COMMISSIONER FIALA: But you have to move forward now in order to do that, right. CHAIRWOMAN HILLER: But let's hear what Mark has -- and, Leo, in deference to you, because you have not had the time to evaluate how this was -- how this will move forward through our purchasing system, if, in talking to Tony and to Jeff you make a determination that you can't do it or it's not legal, then you just come back to the board and say it can't be done and why. So you're not obligated to perform if you can't, obviously. COMMISSIONER COYLE: We're past our break time. CHAIRWOMAN HILLER: Yes, we are. Actually, the court reporter is at -- MR. OCHS: 2:50, scheduled. CHAIRWOMAN HILLER: -- 2:50. What we're going to do is we're going to take a break at 2:50. I hope we'll end this discussion by 2:50, and then we'll come back and move on from there. COMMISSIONER FIALA: Sure, we will. CHAIRWOMAN HILLER: I promise. You are being so hard on me. COMMISSIONER FIALA: We will. That's what I'm saying. CHAIRWOMAN HILLER: Okay. She really -- she means it. Thank you. COMMISSIONER FIALA: I really do mean it. MR. ISACKSON: Commissioners, for the record, Mark Isackson, your Director of Corporate Finance. The finance committee did meet on this. It's certainly not a customary type of approach that we're normally used to doing here in the county. Normally we're used to doing MSTUs, taxing units. The benefit unit is certainly something that can be done. And as Page 154 December 10-11, 2013 Mr. Pires pointed out, the fact that revenues would not start coming into the fund until November of'f 14, during some discussions we did talk about the fact that the La Peninsula group would advance monies into a fund that would be created for purposes of this particular project. Financing on this is an item that will be of interest. It probably will be a bank loan. It's not going to be a bond. It will be most likely taxable, not tax exempt. And the bidding for that would occur as part of the normal process. I think what we talked about at the finance committee meeting were the stages that were required from the financing perspective. The resolution has to be approved in order for this thing to start the ball rolling. In order to allow -- to be on the tax bill under the line as an assessment and for collections to begin and those collections to be received in November, beginning of November of next year. There was some debate about the ordinance, about what was going to be in the ordinance and things of that nature. It was a request of the counsel for the condominium association for it to be brought forward at this meeting. Jeff and I enlisted the support of Nabors Giblin to prepare the ordinance. I'm not sure the ordinance is exactly necessary to be done at this particular meeting, but that would be the board's call. I think that depending on the financing, there may be tweaks, as Jeff indicated, to the ordinance going forward in regard to whether or not there actually has to be a public easement or not at this point. I think the financing may be the dictating part of whether or not there would actually be a necessity for a public easement at this point in time. That's what I know. CHAIRWOMAN HILLER: Do we have any other public speakers? MR. MILLER: No, ma'am, just Mr. Pires. CHAIRWOMAN HILLER: That's great. I mean, I'm glad Page 155 December 10-11, 2013 you're speaking on behalf of everyone. That's the system working, because that's what we envisioned, that a large group knowing -- and we know -- we recognize -- for the record, let everybody know that there are, like, a whole bunch of La Peninsula people in the room supporting this proposal. And I just think it's really nice that, Tony, you could stand up and speak on behalf of everybody and, you know, be the focus on this discussion. MR. PIRES: Thank you. CHAIRWOMAN HILLER: It shows that having a spokesperson does work very effectively. So thank you. Do we have a motion and a second? COMMISSIONER FIALA: We did, and we do. CHAIRWOMAN HILLER: Do we? Okay. Okay. We have a motion and a second. Do we have any further discussion? MR. KLATZKOW: Yeah, just for clarification. I'm just going to take out the language "and any other waterway improvements," and I think we'll be fine. CHAIRWOMAN HILLER: Yeah, yeah. COMMISSIONER HENNING: Is that a part of the motion? CHAIRWOMAN HILLER: Who are the motion -- MR. KLATZKOW: I'm looking for clarification just to take that out. CHAIRWOMAN HILLER: Who is the motion maker on this? COMMISSIONER COYLE: Me. CHAIRWOMAN HILLER: Was it you? Commissioner Coyle, will you amend your motion accordingly? COMMISSIONER COYLE: Yeah, I have no problem with it. CHAIRWOMAN HILLER: Commissioner Fiala, you seconded; would that be all right? COMMISSIONER FIALA: Yes. And tell me, once again, take out what? Page 156 December 10-11, 2013 MR. KLATZKOW: I'm taking out the -- CHAIRWOMAN HILLER: Other waterway improvements. MR. KLATZKOW: On Section 3, "and other waterway improvements." COMMISSIONER FIALA: And, Tony, will that work for this community? COMMISSIONER COYLE: It will temporary. MR. PIRES: Bear with me, if I could -- thank you -- while I look at the ordinance. COMMISSIONER FIALA: Sure. We just want to make sure that it's what they're asking. MR. PIRES: I'm comfortable with that. COMMISSIONER FIALA: Okay. Good. MR. PIRES: Thank you. COMMISSIONER FIALA: Good. Yes, you do have my second. CHAIRWOMAN HILLER: So we have a motion and a second. No further discussion. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries 4-1, with Commissioner Henning dissenting. MR. PIRES: Thank you very kindly. Thank you very much. And Merry Christmas. COMMISSIONER FIALA: Merry Christmas. CHAIRWOMAN HILLER: And, again, just to emphasize, while we're approving the ordinance and the creation of the advisory board, Page 157 December 10-11, 2013 we're not approving any action on the part of the MSTU. We're not -- we're not approving any financing, we're not approving any expenditures. We're really, at this point, only approving the creation of the advisory board to come back and give us the information. COMMISSIONER HENNING: While you're doing clarifications, it was said, you know, this is not business friendly and so and so forth. This is not a business. It's a homeowners' association where there's residents. I don't know if there's any home occupations in there, but clearly it's not economic development. COMMISSIONER FIALA: I just want to say we're starting the process for them to move forward. That's all it is. CHAIRWOMAN HILLER: Okay. I think we're done with that discussion. Commissioner Nance, do you feel compelled -- COMMISSIONER NANCE: Yeah. I'd just like to say one thing. And the only reason I am supporting this going forward -- and I understand Commissioner Henning's reservations. The only reason I'm supporting this is I've got a sneaking idea that down the road, not too far down the road with climate change and the storms we have and so on and so forth, that we may actually be in the very uncomfortable position of having to do more of this, and I really want to get the bugs out of, perhaps, one; at least make a pass at it and see if it's doable because -- COMMISSIONER FIALA: He is right. COMMISSIONER NANCE: -- I'm not sure that we won't have very serious crises to manage in the future. And I look forward to -- you know, I hope that La Peninsula will reach out to Commissioner Henning and address his concerns directly, if possible, to make sure that we get a good start on something that could be important later. COMMISSIONER HENNING: A boat slip, is that what you're saying? You're saying a boat slip? COMMISSIONER NANCE: A boot slip. Commissioner Page 158 December 10-11, 2013 Henning likes to fish. COMMISSIONER FIALA: And you're right about that tidal, rather, the water rising. COMMISSIONER NANCE: That's a problem. COMMISSIONER FIALA: If we take a look over at the dome houses, right, that used to be on land. CHAIRWOMAN HILLER: You actually sounded Canadian there, they way you said "right." All right. We're going to take a break. MR. OCHS: I'm sorry. CHAIRWOMAN HILLER: No, we're taking a break. No more. We're taking a break. Our court reporter really needs a break. And we're actually going to take a little bit of a longer break. I'm going to make it 15 minutes, because she really has been working extremely hard. COMMISSIONER NANCE: She needs therapy. CHAIRWOMAN HILLER: And she needs -- MR. OCHS: Just a point of clarification. You have a 3:00 p.m. time-certain and a 3:30 p.m. CHAIRWOMAN HILLER: The 3:00 p.m. is the -- MR. OCHS: The 3:00 p.m. is the report from your ATV -- CHAIRWOMAN HILLER: That's fine. MR. OCHS: -- Ad Hoc Committee, and 3:30 is your soccer federation. CHAIRWOMAN HILLER: All right. Do you think the ATV people would be unhappy if we started at 3:05? Because I think our court reporter really needs that 15. MR. OCHS: You're the chair, ma'am. You make the rules. CHAIRWOMAN HILLER: Then, you know what -- all right. I like it. Well, for as long as I still do, then I'm saying 15 minutes. MR. OCHS: Thank you. Page 159 December 10-11, 2013 CHAIRWOMAN HILLER: All right. So we'll be back at 3:05. We'll start the time-certain then. I don't mind if we defer, you know, this presentation to -- MR. OCHS: Later. CHAIRWOMAN HILLER: -- later. I mean, we can even do it tomorrow. I don't have a problem with it. We could do it right before the end of the meeting tomorrow. I'm equally fine with that. MR. OCHS: Your pleasure, Madam Chair. Thank you. CHAIRWOMAN HILLER: You're welcome. (A brief recess was had.) CHAIRWOMAN HILLER: We're back in session. MR. OCHS: Yes. Item #11G RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER THE ALL TERRAIN VEHICLE (ATV) PARK AD HOC COMMITTEE'S RECOMMENDATIONS WITH REGARD TO SETTLEMENT FUNDS — MOTION FOR THE $2,965,127.58 SETTLEMENT BALANCE TO BE PLACED IN AN INTEREST BEARING ACCOUNT, TO NOT SUNSET THE AD-HOC COMMITTEE BUT USE IT ON AN "AS-NEEDED BASIS" AND COMMISSIONER NANCE CONTACT MIAMI-DADE COUNTY TO EXPLORE ANY INTEREST IN A POSSIBLE PARTNERSHIP — APPROVED MR. OCHS: Madam Chair, this takes us to your 3 p.m. time-certain item this afternoon. It's Item 11G on your agenda. It's a recommendation for the Board of County Commissioners to consider the All-Terrain Vehicle Park Ad Hoc Committee's recommendation with regard to settlement funds, and Mr. Casalanguida will begin the report. Page 160 December 10-11, 2013 MR. CASALANGUIDA: Thank you, sir. Good afternoon. I have two of the ATV members here. The chairperson is not here. If I could just recognize Mr. Westgate and Mr. Close as part of the committee. Also Mr. Williams and public services; real property helped me with this as well. So a little history real quick, Commissioners. September 2011 and March of 2012 we had public meetings for the ATV settlement funds. We reached out to the community to get some feedback. In June of 2012, the board approved the committee and ad hoc committee to review different options and help solicit folks to participate with the project in the county. We looked at over 200 parcels of land, 73 property owners, and both the committee and county staff came to the realization that there was nothing within Collier County at that time to go forward with the project. We came back to you in February of 2013, provided you a board report and asked permission to seek other opportunities outside the county. So we looked adjacent to Collier County as well, too. We sent out a request for information or interest. We received five of those back. The committee deliberated and reviewed those. And now, just about a month ago, they had a follow-up meeting and would like to bring some items forward to the board for consideration. A couple things they discussed was, one, the money that's there right now remaining, about $2,965,000, they'd like to request the board to put that in a segregated fund and collect interest. It is now in its own project account, but the interest goes into the General Fund. So they're asking that the board put that money aside. Second, based on the request for information, they'd like to put out a proposal to some of these vendors that are outside the county, what I would call an RFQ/RFP, put together a selection committee, rank them, and then go into negotiations, take that money to come into some sort of agreement with those folks. Page 161 December 10-11, 2013 They've come to the understanding and they recognize that there is nothing right now available to do that, but there is one park in Sarasota County that's moving forward. So they deliberated back and forth, I would say, for about an hour on doing that. We're here in front of you getting guidance, because I think the board has also -- would like to have had us do something more local, and right now there is currently nothing local at this time. So with that, maybe take some questions and give some guidance to me and the community. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Well, I know they'll be waiting for Commissioner Nance's comments on this issue, too, as long as it doesn't have a discussion on sea rise. Recently we became aware of Hendry County Correctional Facility as being put up by the state as a surplus. Has there been any communication there whatsoever with that? MR. CASALANGUIDA: There was an initial communication with the state that said they were not going to put it up, but we've been recently made aware of that as well, too. Right now there's a gentleman that's working, I believe, with Bruce Register, economic development, that's looking at putting in an ATV training center there, which might complement this project as well. But we have not gone back to the Hendry County Facility as a second look. COMMISSIONER HENNING: Yeah. See, and that's really close to -- well, not too far from the Estates, not -- just right outside of Immokalee. I think there might be some opportunities there; however, long-distance travel, I really have to contemplate about the benefit to the majority of the residents, you know, seeking that type of a recreation. I still would like to see something as local as possible, but let's not rule out anything. MR. CASALANGUIDA: Very good. Page 162 December 10-11, 2013 CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: I am really, really sorry that this has taken so long and we still haven't resolved this thing. But I don't understand how you can use money to go invest in a park or a parcel of land outside of Collier County and call it a valid public purpose for the residents of Collier County. How do you get the guarantees that it would always be available for the people of Collier County? Will it be privately run? How can you be sure that it will always be there? CHAIRWOMAN HILLER: Wouldn't we own it? COMMISSIONER COYLE: Huh? CHAIRWOMAN HILLER: Would we not own it? I mean, if-- COMMISSIONER COYLE: No. MR. CASALANGUIDA: No, ma'am. CHAIRWOMAN HILLER: Who would own it? MR. CASALANGUIDA: And I can answer your question, Commissioner, if you'd like. COMMISSIONER COYLE: Yeah, go ahead. MR. CASALANGUIDA: What we envision is if we did something, like we did talk to some of the park people, that if the county was to invest in their park, there would have to be some sort of assurety, whether it be a bond or a letter of credit that we could attach and protect our capital. They understood that, and said they were -- several said they were amicable to considering that as part of a negotiation with the county. COMMISSIONER COYLE: But -- CHAIRWOMAN HILLER: I don't understand. COMMISSIONER COYLE: -- how do you deal with that? Let's suppose you have that kind of an arrangement and you've got 100 people from Collier County who use it regularly. And that's wonderful. I'd be willing to make that investment to provide that Page 163 December 10-11, 2013 facility. But then it dwindles to maybe two or three, and pretty soon maybe nobody from Collier County is using it. Maybe they found some other place to go. We've invested in something that is no longer benefitting the people of Collier County. I don't know how you get over the legal hurdle of doing that, quite frankly, but that's for the lawyers to work out. But I was just troubled by that aspect of taking the funds and giving it to someone -- working out an arrangement with someone who has an RV park or is going to build an RV park outside of Collier County. So I just wanted to raise that concern. If we can solve it, wonderful, but I have a feeling there are some really serious legal impediments to doing that. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I want to start out by thanking the members of the committee for their diligence and the work and make my personal apologies to you. You know, this has been something that's been of interest to people in the Estates as long as I've lived here, and it's really a shame. I've known people who have had their kids grow up, be looking for a place to ride, grow up and leave here, and I've had families that have sold all their RV -- you know, their ATVs and stuff because there's just no place to ride. So I am really upset about that, and I'm not willing to give up on the circumstance. I have pointedly -- you know, I came by and visited you guys on a couple of different occasions, but I've wanted to be very respectful of your individual deliberation and not let -- and not let my personal views on it enter into it, because I think you were able to do your best work, and I commend you -- I commend you for doing that. At this point, you know, I'm sensing the frustration. You know, the people I talk to in the community are just as frustrated, you know, as you are. And I think that we have one remaining good option -- and I think, actually, time is on our side -- and that is the circumstance Page 164 December 10-11, 2013 that this board, and most of the board members probably, with the exception of Commissioner Hiller, can remember when this came before the board. But in 2010 we actually entered into a negotiation with Metro-Dade County -- COMMISSIONER FIALA: Ah, yes. COMMISSIONER NANCE: -- to utilize a portion of the 25 sections that they own in Collier County. Now, that is way the heck out there. It's out by 11-mile bend, but it's on the -- it's on the property that was originally contemplated for the jetport. And since then, Miami Port Authority, who owns those 25 sections, has declared that they want to keep some aviation uses there, but they've also declared that they want to make it recreational properties. And they've discussed primitive camping, horseback riding, hunting. You know, it's a vast piece of property. It's 25 square miles. South of the east/west runway there is 1,800 acres that's fascinated people that have been interested in an ATV park in this part of the state for a long, long time. This board passed and approved to go forward, and the Miami-Dade County approved to go forward in 2010, and we were derailed by the Department of Community Affairs. Well, for those of you that aren't fans of the Department of Community Affairs, the good news is is the governor did away with it. And I believe, because of the pressure on the parks and the pressure on the Big Cypress National Preserve for traditional use, that if we don't want to destroy our parks with overuse but we still want to make them accessible, that the time is right to look at those 25 sections, together with Metro-Dade County, one more time before we give up on it, because it is an area that's got trails on it. It's a woodland setting. It could be developed jointly between the two counties into something that would -- it wouldn't be as big as Croom, but it would be something on the scale of Croom, something where kids could ride safely. Page 165 December 10-11, 2013 It's in the spectrum of a woodlands ATV park as opposed to a mudhole. You know, there's all sorts of spectrums of how people like to use off-road vehicles. But my suggestion is that we go ahead as per the recommendation of the committee and put our short $3 million in a segregated fund to protect it. I fully endorse that. But I would like the committee's endorsement to go ahead, before we do anything and before we come up with a proposal just to burn through this money on services that are provided to our -- you know, to our people that want to recreate, that we make another pass at this. I think we have some good connections with that group and that, you know, together with them -- you know, that's a huge partner to have. We've got 330,000 people. They've got millions and millions of people. They could certainly afford to provide some of the ongoing operations as part of that 25 sections. And they have indicated that they would be willing to talk about it. So with the committee's endorsement, I would like to take those steps and go forth and look at it with -- if there's enough nods on this board, if you think that's worthy to go ahead. COMMISSIONER COYLE: Yeah. COMMISSIONER FIALA: Yes. COMMISSIONER NANCE: I mean, it was passed once. I'd like to make another pass at it before we finally throw up our hands, if that's okay with anybody else. COMMISSIONER FIALA: Yeah. I even talked to Nick about it in my office. I thought -- but I didn't realize you were going to bring it up. That's great. COMMISSIONER NANCE: It's really a great piece of property. I mean, I've looked at it, but I wanted to hold back until we exhausted all efforts. And I know that's not -- I know that's not suiting your timeline, and I know we're having birthdays fighting over this and being unsuccessful, but I really would like, with your help, to go Page 166 December 10-11, 2013 ahead and make a pass at that. That's my proposal. MR. WESTGATE: It has been researched. MR. CASALANGUIDA: Just come on up if you want to speak. You've got to come up here. Identify yourself, and then you can -- MR. WESTGATE: Greg Westgate -- COMMISSIONER NANCE: Yes, sir. MR. WESTGATE: -- member of the ATV committee. That piece of property has been looked at by the committee members at various times of the year. Maybe we're looking at a different parcel than you're looking at, but it seemed to be more suited for airboats and swamp buggies, and only certain times of the year it was dry enough to camp. And anytime that I went out there it was so -- it was so heavily mosquito infested, it was just -- it just -- it was hard to even get out of your car. COMMISSIONER NANCE: Well, remember that Metro-Dade County can't do much with that property without the permission of this board. They really can't do anything to develop it without a conditional use on that, because it is in Collier County, and that's actually restrained them from developing that park program. And I expect that they're going to come forward. Their parks and rec department has been talking about this for a long, long time. They've got this pent up demand in Metro-Dade County too. They don't know what to do either. And they own this great piece of property. It just happens to be in Collier County. So, I mean, we really need to be partners with them. And, you know, I don't have those answers for you, sir. I know we approved to go forward and take a pass at it before, but we got derailed up in Tallahassee, so things just ground to a stop, and nothing's really been done since. But there's a lot of people that have mentioned it to me in passing in the last -- you know, since I've been elected, that they would really like to talk with us again, so -- MR. WESTGATE: Okay. And as well, you know, with respect Page 167 December 10-11, 2013 to the research and development of information that we've come up with in this, you know, year and a half s time, I think you should also look at what's being proposed by the outside vendors in what actually they have to offer. And, Commissioner Coyle, you not being an active ATV rider -- I'm just speculating -- but you may be speculating as well that not too many people are actively pursuing, you know, ATV activity in Collier County. With all due respect, you're mistaken. I ride every weekend. I ride with groups of people in different areas. We all travel two, two-and-a-half hours, sometimes three hours away to ride, and it's heavily pursued. And the amount of activity that's been lost and the amount of interest that has been lost has not necessarily been forgotten about by enthusiasts like myself and my son and generations prior to that enjoy this activity. There's a lot -- if you took a poll, there's a lot more interested people than you would expect. COMMISSIONER COYLE: Let me stop you. I think you misunderstood my comment. I didn't say there were not many people interested in Collier County. I posed a legal question that if we negotiated a financial agreement with an outside, out-of-county organization to service the demand in Collier County and then there arose another opportunity that siphoned off that demand, a more convenient place, a better place, and people started going there, then what happens to our investment in the first place? So it was a purely legal issue relating to an investment. It was not intended to indicate that there is not interest in Collier County, okay. And, yes, I ride ATVs. Thank you. CHAIRWOMAN HILLER: He just doesn't look like it. COMMISSIONER COYLE: I dress differently. Page 168 December 10-11, 2013 CHAIRWOMAN HILLER: He wears a suit when he rides an ATV. MR. WESTGATE: Yeah, but he works so hard, I just figured that he's always working. CHAIRWOMAN HILLER: That he didn't have the time? I know. I would have thought the same thing. I'm totally on your wavelength. I'm with you. COMMISSIONER NANCE: Commissioner Coyle actually turns into Daniel Boone on the weekend. MR. WESTGATE: I like that. I'm seeing that a little bit with the smile now. He looks a little bit more -- COMMISSIONER NANCE: He's got a wonderful ranch in Oregon that's wild and wooly, and he enjoys it very much. So he is actually probably one of the woodsmen on this board, but all kidding aside. COMMISSIONER COYLE: I hunt with a pocketknife. CHAIRWOMAN HILLER: Do you really? Oh, boy. COMMISSIONER NANCE: For the benefit of the board and other people in the room that aren't aware of what's going on right now, traditional use -- and that is off-road vehicles and access to the Big Cypress Preserve is very contentious right now because, of course, there are always forces that want to reduce that traditional use. And, in fact, the Big Cypress National Preserve was originally contemplated to be addition lands to the Everglades National Park, and they were not because of two reasons, two very important reasons. Number one is that we had traditional use, and people that really wanted to go outside and recreate, be out in the forest and so on and so fort and, secondly, because of mineral rights. That's another thing that's before this board pretty actively right now. So, you know, we -- I reject the idea that there's no place that people can go out and recreate off-road because everything has to be pristine condition. Because there are places out there that are Page 169 December 10-11, 2013 available, and we can make it happen. And it's just -- there's been a lot of roadblocks thrown up in there. But I mean, very active right now. I am very much in favor of finding those places that are reasonable for traditional use, for outside use. And although I'm an environmental advocate, I believe that, you know, if people aren't allowed to get out and experience the woods and the forests, that in the end they won't protect them, because they won't love them like they do now. So I'm in favor of it. And I would like to go out one more time and look at this piece and find out, really, what Dade County is willing to do, what we can do with the property, if there's any hope before we expend it for vendors, with the cooperation of the committee. MR. WESTGATE: Sure. Just one more thing is -- again, I don't want -- I want to reiterate on the importance of reviewing what the individual landowners and park providers that would like to, you know, join in with Collier County and providing this managed self-contained, privately owned, and not have to be managed or staffed by any county members, and the only money or funding that would be would be a secondary upfront cost for the improvements, which would be bonded. We talked about all this in our meetings, and it was pretty extensive. And we had some great speakers and landowners that had well thought-out and organized proposals that were -- that would sustain the park's viability. So, you know, let's not disregard the work that's been done up to this point with the other proposals that we received. COMMISSIONER NANCE: No, sir. I recommend that the committee not be disbanded at this time, that the committee be put on an on-call basis for an interim period of time, maybe meet on a semiannual or quarterly basis just for informational purposes, that we not sunset the committee right now, that we go on ahead and look -- Page 170 December 10-11, 2013 you know, give staff and myself some time to reach out to Dade County and come back and figure out what we can and can't do, and that will give us probably our last assessment other than -- you know, we could go out and continue to talk to some other people. But I think we kind of know what our constraints are right now. We know that there's not a piece of property within Collier County that lends itself easily to construction with the money that we have. So we really need -- we need a partner. MR. WESTGATE: Yeah, we do; we do. COMMISSIONER NANCE: We need a partner. Now, a private partner, of course, is more problematic than another public partner, because it's easy for government to work with government. MR. WESTGATE: Right. COMMISSIONER NANCE: Not so easy when we commingle public money and private money. You've always got watchdogs that are concerned; you know, what are you doing with the public's money supplementing or financing a private entity. So that is problematical. Not that it can't be done. I'm sure it can be done. But, I mean, you've seen some of the issues today and how narrow, you know, our ability to manage that is, but -- MR. OCHS: Chair? CHAIRWOMAN HILLER: If I may say, we have a 3:30 time-certain, and all these people are waiting. So, you know, these are discussions that you can have privately to try to figure out where to go. Let's go ahead and make a decision as to how we would like to proceed. Commissioner Fiala, do you want to make a motion? COMMISSIONER FIALA: Well, first, I just want to quickly say, as you're going out, would you check with these people? He was saying that the land that they think we're talking about is, what, wetlands most of the time or something and full of mosquitoes? Or what did you say? Page 171 December 10-11, 2013 MR. WESTGATE: Where is that? COMMISSIONER HENNING: At the airport. MR. OCHS: The jetport. MR. WESTGATE: The jetport had -- COMMISSIONER FIALA: Yes. MR. WESTGATE: -- we have discovered, when going out there and viewing the property, it was more suited for airboats and hunting off season, dry season and, you know, swamp buggy use more so than COMMISSIONER FIALA: So I don't know if you're talking about the same pieces of property. CHAIRWOMAN HILLER: Like I said, let's evaluate that privately. Sit down -- this is not the forum to have the debate over, you know, the -- whether they're airboats or, you know, hunting or whatever. Let's -- you know, Commissioner Nance, do you want to make a proposal? COMMISSIONER NANCE: I'm going to make a motion. I'm going to make a motion that we take our ATV project monies and put it in an interest-bearing account as proposed by the committee, which is the $2,965,127.58, and that we do not sunset the committee but rather put them on -- just on an on-call as-needed basis for a period of time, and that the Board of County Commissioners allow me to reach out to Metro-Dade County and come back with some information from our peers in Dade County and see if there's a project that we could possibly put together. COMMISSIONER COYLE: And could I make a friendly amendment to that? COMMISSIONER NANCE: Yes, sir. COMMISSIONER COYLE: I think it would be good if we let the committee and our staff continue discussions with park operators or prospective park operators closer to Collier County. COMMISSIONER NANCE: That's fine. Page 172 December 10-11, 2013 COMMISSIONER COYLE: And let them do that at the same time we're evaluating the jetport. COMMISSIONER NANCE: Sure. That's fine if you'd like to do MR. WESTGATE: I was going to ask that we not disregard the second part of the agenda, which was to reach out and get letters of proposals or letters of interest -- COMMISSIONER NANCE: Well, the only problem I'm going to tell you on that is most of the RFPs are very short in duration of time. They're usually 120 days or less. And I'm not sure we're going to be able to accomplish our other goal before those would run out again. I mean, you can go talk to people. MR. CASALANGUIDA: I wouldn't want to advertise something you're not ready to act on right away. I think we can continue to talk to them. I've heard two ideas that still could be viable. The Hendry County facility is becoming a little more interesting, not maybe the size we want, but that's just come recently up in the last month that they're interested. COMMISSIONER NANCE: Okay. MR. CASALANGUIDA: So we'll look at those two, keep the committee together. COMMISSIONER NANCE: Let's keep the committee together then. MR. WESTGATE: Thank you. COMMISSIONER FIALA: So is that a second from you? COMMISSIONER COYLE: Yes, that's a second from me. CHAIRWOMAN HILLER: Please ensure that the property that you're looking at before you deal with Miami-Dade is something that they're interested in and can use, because if they can't, there's no point to talk to them. COMMISSIONER NANCE: Well, remember, and truth in fact, we have 25 sections out there. I'm not so sure that they -- Page 173 December 10-11, 2013 CHAIRWOMAN HILLER: Well, again, I don't care. All I care is that you communicate with them and make sure that whatever sections you're looking at make sense, because if it doesn't, there's no point in getting involved with Miami-Dade. COMMISSIONER NANCE: I understand, ma'am. And remember that Metro-Dade County wants the same thing. So if it's not good for us, it's not good for them either. CHAIRWOMAN HILLER: Right. But just -- they want to be involved in that ahead of the discussions. MR. WESTGATE: Thank you. CHAIRWOMAN HILLER: All right. We have a motion and a second. Any further discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. MR. WESTGATE: Thank you for all your time. CHAIRWOMAN HILLER: Thank you. COMMISSIONER NANCE: Yes, sir. Thank you for all your time. Item #1 OE THE COLLIER COUNTY BOARD OF COMMISSIONERS Page 174 December 10-11, 2013 DIRECT STAFF TO WORK WITH THE SOUTHWEST FLORIDA SOCCER FOUNDATION ("SWFSF") AS IT SEEKS TO DEVELOP A STATE OF THE ART SOCCER FACILITY IN COLLIER COUNTY. COLLIER COUNTY, AS A COMMUNITY IS COMMITTED TO HEALTHY LIVING AND SPORTS EXCELLENCE. IN ITS QUEST TO ACHIEVE BOTH OBJECTIVES, COLLIER COUNTY GOVERNMENT RECOGNIZES THE IMPORTANCE OF GROWING SPORTS FACILITIES INCLUDING BUT NOT LIMITED TO SPORTS PARKS. THE POSITIVE CONSEQUENCE OF INVESTING IN SPORTS FACILITIES IS NOT LIMITED TO THE PROMOTION OF HEALTH AND PHYSICAL FITNESS, BUT ALSO IS A MAJOR ECONOMIC DEVELOPMENT DRIVER FOR THE COUNTY AS PROMOTED THROUGH THE COUNTY'S SPORTS MARKETING DEPARTMENT. SWFSF INTENDS TO MAKE A MAJOR INVESTMENT IN COLLIER COUNTY IN THE FORM OF A SOCCER COMPLEX THAT WILL INCLUDE OUTDOOR FIELDS, AN INDOOR STADIUM AND AN OUTDOOR STADIUM. THE INTENT IS THAT COLLIER COUNTY GOVERNMENT WILL JOINT VENTURE WITH SWFSF IN THIS PROJECT, SINCE THE COUNTY'S PARKS BUDGET IS LIMITED. BY JOINT VENTURING WITH THE PRIVATE SECTOR, THE COUNTY WILL HAVE THE OPPORTUNITY TO BE A PART OF A COMPLEX IT WOULD OTHERWISE NOT BE ABLE TO BUILD ON ITS OWN. THE COUNTY'S PARTICIPATION WOULD BE LIMITED TO PROVIDING A RENT ABATED COUNTY SITE FOR THE FACILITY AND SUPPORT SWFSF EFFORTS TO OBTAIN AN INDUSTRIAL REVENUE BOND. ALL OTHER COSTS OF CONSTRUCTION AND OPERATIONS WILL BE BORNE BY SWFSF. SINCE THIS PROJECT IS CONSIDERED AN ECONOMIC DEVELOPMENT PROJECT AS WELL AS A PARKS PROJECT, IT IS UNIQUE IN Page 175 December 10-11, 2013 NATURE. THE HOPE IS THAT THIS WILL BE THE FIRST OF SUCH SPORTS DRIVEN PUBLIC-PRIVATE PARTNERSHIPS WHICH IN THE FUTURE COULD POSSIBLY INCLUDE VELO, BASEBALL/SOFTBALL, SWIMMING, BASKETBALL, LACROSSE ETC. — MOTION TO APPROVE AND FOR STAFF TO RETURN TO THE BOARD WITH OPTIONS — APPROVED MR. OCHS: Commissioners, that takes you to your 3:30 p.m. time-certain hearing this afternoon. It's Item 10E on your agenda. And this is a recommendation that the Collier County Board of County Commissioners direct staff to work with the Southwest Florida Soccer Foundation as it seeks to develop a state-of-the-art soccer facility in Collier County. And Commissioner Hiller has placed this item on the agenda, and I'll turn the floor to her. CHAIRWOMAN HILLER: I have. Thank you so much. First of all, before we get started, I'd like to make sure that everyone who is going to speak to this agenda has got a speaker slip and has signed in with the county attorney. I saw Kevin Erndl walk in. Hi. Are you planning on speaking? MR. ERNDL: No. CHAIRWOMAN HILLER: Why not? Come on. Go get a slip. Come on, Kevin. Come on. Come on. You can't possibly not speak to this. This is your opportunity to bring -- all right. What can I say? And the second thing I'd like to say is that in the audience we have so many wonderful soccer players that have taken time out of their very busy lives, and I would think it really would be wonderful if -- Leo, is our photographer around? MR. OCHS: Sure. CHAIRWOMAN HILLER: Could you bring her? Because there are so many kids in the audience who have taken time to come here to support this initiative, I think we should get all the soccer players up Page 176 December 10-11, 2013 here and get a photograph, because I don't think any of them have ever been in chambers before, and they, I think, will fondly remember this when they're adult soccer players, as this being the first soccer initiative that they lobbied. So if we could get the photographer up here. COMMISSIONER NANCE: Didn't Mom ever tell you not to play ball inside? CHAIRWOMAN HILLER: Yeah. Well, I have to tell you something really funny. You know, I am like the -- I was actually speaking to Nick, and I can't remember who else, but we were talking about my history as a soccer mom, and I am anything but a soccer mom. I mean, very seriously. Both my kids are very athletic, and when my son or my daughter want to play sports, I basically say, find a ride, okay. And when they went to school, their sign-out list with, you know, parents at that school was probably -- included about 50 parents. In fact, I believe Mr. White has assumed that role right now and is helping me out. So, yeah, so having failed as a true soccer mom in the true sense of the word, in the spirit of the word, I figured I could make it up by maybe just helping move a stadium along and providing a stadium instead. So with that, what I'd like to do is make a very brief presentation and then turn it over to the Southwest Florida Soccer Foundation to explain what is being proposed here. It was very clear to me, going back several years, that Collier County was hungry for state-of-the-art athletic facilities, and it was also very clear to me that as a county we didn't have the funding to build the projects that this community properly deserves. So being very actively involved with the sports community in Collier County, with the swimmers, with the cyclists, with the soccer players, with baseball players, I was trying to look for a way for us to be able to get these facilities built without tax dollars, without raising Page 177 December 10-11, 2013 tax, without going into further debt. And I found an example which I thought could work, and that is the children's museum. Collier County very much wanted a children's museum but didn't have the funding to build that project. So what we did is we actually partnered with the Golisano Children's Museum, and we provided the land. And as you know, the land is up by the north county, the regional park. And we provided a ground lease, and that ground lease was provided at no cost to the museum under the condition that they raised all the funding, they built the building, and then they operated it. And it has been a resounding success, and now, as part of the north regional -- I'm sorry, the North Collier Regional Park Complex, we have this incredible children's museum that is so popular. I mean, they actually have lines that wrap around the building when school is out. And that's the same thing that I thought we could do with sports complexes in Collier County. And so I've reached out to the community, and over the course of this last year, we've had so many meetings with the athletes and the investors in the county. And the first project that actually became the beginning of the new reality is the soccer project. And we have a gentleman here today who's the leader of the Southwest Florida Soccer Foundation, Jeff Butzke. And when we were sitting at the table with a whole group of soccer players and baseball players and coaches, Jeff stood up and said, I can get this done under the parameters that you're describing, Commissioner Hiller. And those parameters are that we -- if this partnership would work out as the county -- would identify a site of existing owned county property, that we would provide that site on a rent abatement basis, as we did with the children's museum, to the foundation and that the foundation, at its expense, would build the facility and would operate the facility with the condition that the Page 178 December 10-11, 2013 community -- because it is oriented towards the community, that the children of the community, that the residents of Collier County, would be able to use the facility at the same rates that they would at any other Collier County park. So it wouldn't be a more expensive proposition for the soccer players out there. And Jeff said, yeah. I mean, I can get that done. So he's going to tell you how he can get that done and where we are today. And what I'm going to ask the board is to please allow staff to work with Jeff and his group to try to identify sites that could potentially work and could potentially work for an expanded project beyond just soccer. We've had interest expressed by the cyclists to participate in this. It would be awesome if we found a site that was, you know, big enough, that maybe we could surround with a crick (phonetic) course or something like that, maybe a velodrome. Maybe I'm asking for too much. The swimmers in Collier County, we have, like, an incredible group that's actually training athletes to compete in the Olympics. Kevin Erndl, who's sitting in the audience right now, heads up a group called T2, and he's expressed an interest in seeing a truly Olympic-grade pool being built here, a stadium pool, which could potentially be adjacent to the soccer complex. We have the baseball and softball people who are looking to find somebody who will advance their cause. And, by the way, let me give you my phone number. For any potential baseball investors out there, my aide is Karen Hayes, 784-4682. That's 784-4682. If there's anybody that would like to support baseball and softball in the community, please call her. Let us know. And maybe you can participate in this project as well. So we would not be raising taxes. We would not be leveraging county funds. This would be done privately with the county, as I said, providing the land. And that's not giving the land away. We would Page 179 December 10-11, 2013 still retain title. And the last thing is, one of the things Jeff was talking about in terms of raising the capital, what the county can do is support an industrial revenue bond, and that doesn't mean that it's our credit or our financial obligation. It's merely that, in order to get an industrial revenue bond, which would be Southwest Florida Soccer Foundation's obligation, they do have to get board approval. And, Jeff, can you confirm that, please? MR. KLATZKOW: Yeah. There's no county backstop. CHAIRWOMAN HILLER: All right. And so, again, this doesn't hurt our taxpayers; it does everything but. It's going to empower the county and make us a sports destination. And with that, Jeff, would you like to step forward and put your presentation forward -- MR. BUTZKE: Thank you. CHAIRWOMAN HILLER: -- to the board.? MR. BUTZKE: Madam Chairwoman, County Commissioners, Mr. Ochs, and fellow residents of Collier County, my name is Jeff Butzke, and I am the President of the Southwest Florida Soccer Foundation. Today I stand before you representing the hopes, dreams, and aspirations of thousands of Collier young people. Thanks to the considerations of this board, we are closer than ever to beginning a journey that will ultimately result in a state-of-the-art multi-sports complex that will be an example of how government and the private sector can work together for the benefit of the community. You have already led the way with your public/private partnership that built the Galisano Children's Museum. This is another example, another opportunity for Collier County to lead. At this time I would like to turn your attention to a short presentation that we have prepared for you. Page 180 December 10-11, 2013 Jack? You've got to put the music on. MR. WERT: He's got sound. MR. MILLER: Oh, I'm sorry, sir. I'll have to adjust that. MR. WERT: I think he's got -- MR. MILLER: I'm trying. MR. BUTZKE: Without the sound, it's -- MR. WERT: It's nothing. (A video was played.) (Applause.) MR. BUTZKE: When we began this journey in 2012 by purchasing the franchise that is now known as the Southwest Florida Adrenaline, our vision was to ultimately bring a professional soccer team to Collier County. As the first sports franchise in Collier history, we felt that if the community wanted to have a professional team, we would make it happen. Our plan begins with the Southwest Florida Adrenaline. And when fans attend our games, part of their dollars that are spent at Barron Collier High School and online at our website are helping to make this dream come true. And when we build our outdoor fields, those that play on those fields will realize that part of those fees that we charge for field usage will go to help build the indoor facility. And when people come and use the indoor sports facility, some of those fees will be used to build the outdoor stadium. Each previous step helps fund the next step. The Southwest Florida Soccer Foundation is committed to making this happen. The more community participation, the sooner we can make this a reality but, ultimately, we want to have a shovel in ground beginning in 2015 and hopefully playing on our new field by 2016 with construction of the indoor facility beginning soon thereafter. As time progresses -- progressed, rather, and we began to write Page 181 December 10-11, 2013 our plan, we realized that there were other sports that could join with us to make this complex a special place that would have national recognition. Whether it's playing soccer, basketball, volleyball, football, or any of the other sports, we want to build a complex that will provide young people with the opportunity to realize their dreams. It might be getting a college scholarship, becoming a professional athlete, or taking things that they learn in our programs to become a better person but, ultimately, this is all about the kids. As you'll hear in a few moments from individuals that represent many different sports here in Southwest Florida, there is great demand for a multi-sports complex here in Collier County. These representatives will speak to how this complex will affect our young people that participate in these sports. With your support to move this public/private partnership forward between Collier County and the Southwest Florida Soccer Foundation, this will happen. Thank you very much. Dominick, do you have -- where's Dominick? Do you have just sort of a rendering of what this might look like? COMMISSIONER HENNING: May I just -- MR. BUTZKE: Dominick Amico is one of-- has prepared some drawings of what this might -- the concept might look like if we were going to have 60 acres, which is about what we would need to build the three phases, which would be Phase 1, which, as it was mentioned, was the outdoor fields with the stone parking lot, Phase 2 would be indoor facility, and Phase 3 would be the outdoor stadium. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Thank you. The -- Commissioner, if we make this a reality, it will take pressure off our existing facilities. CHAIRWOMAN HILLER: That's a very good point. COMMISSIONER HENNING: You know, our children will Page 182 December 10-11, 2013 have another place to play. So if you accomplish that, that's great; however, if you accomplish what you stated, that all residents be able to utilize this at the same cost, then I'll have Commissioner Coyle present you with a plaque of appreciation. So I'm going to make a motion to approve at this time. CHAIRWOMAN HILLER: Oh, he is so bad to you, Commissioner Coyle. He is so bad. COMMISSIONER COYLE: That's the worst kind of punishment. CHAIRWOMAN HILLER: That is just too funny. Well, I give you credit for a tremendous sense of humor. COMMISSIONER HENNING: My motion stands. CHAIRWOMAN HILLER: No, your motion is good. COMMISSIONER HENNING: This is great. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: Just the momentum of this organization, you know, having local kids, children play on that. CHAIRWOMAN HILLER: It's so amazing. COMMISSIONER HENNING: There's such a tremendous need for ballfields in Collier County, that it -- everybody will benefit. All the kids will benefit, and adults. CHAIRWOMAN HILLER: Without a doubt. And this is about the community. This isn't about, you know, what, for example, Lee County has done with -- although what they have done is really great with, you know, spring training for professional teams. That is not what this is about. It's a very different concept. COMMISSIONER HENNING: No, I get it. CHAIRWOMAN HILLER: And it would be wonderful. And I'm really, really hoping that baseball and softball can come to the table, because we definitely need additional baseball and softball fields. And I even have worked on a site development concept for, you Page 183 December 10-11, 2013 know, what we could do for those sports as well. But let's let Dominick present the -- MR. BUTZKE: We need a technical expert to figure out how we get that right side eliminated so Dominick -- can you use it? COMMISSIONER HENNING: I never could figure that out either. MR. BUTZKE: Do we have a six-year-old in here that can do this? CHAIRWOMAN HILLER: Probably. MR. AMICO: Hi, Dominick Amico with Agnoli, Barber, and Brundage. We were asked to create a concept plan, a land plan, a space planning tool, if you will. What you're looking at is a 60-acre prototypical site somewhere. CHAIRWOMAN HILLER: Could you speak into the mike, please. Thank you. MR. AMICO: What we're looking at is a 60-acre prototypical site. Length is basically two times the width, so it isn't any specific piece. What we've got laid out is eight regulation soccer fields with a concession/operation building in between the pairs of the sets of four fields. We have the training building, which is 147,000 square feet with the uses in it that we foresee the indoor sports facility. We have a stadium down in the lower left-hand corner next to the parking, per code, water management facilities, which are required these days, and we've included a one-mile cycle trail around the perimeter of the soccer fields. Figuring there was going to be a berm there anyway for water management purposes, it doesn't take a lot to make the berm a little bit wider and put either asphalt or concrete on top of it. So this is how a prototypical soccer/football slash whatever you would do on grass type of sport field complex could lay out on a Page 184 December 10-11, 2013 particular piece of property. CHAIRWOMAN HILLER: Could lacrosse play on these fields as well? MR. AMICO: Yeah. These are regulation soccer fields. CHAIRWOMAN HILLER: Oh, that's great. So lacrosse would MR. AMICO: So a soccer field is the largest of the ones you're going to find, so you would stripe it in. CHAIRWOMAN HILLER: I see. Okay. That's great. That's really great. And, of course, you know, whatever you develop, Jeff, if you could keep in mind to develop it to the highest standard. Like, to give you an example, Benderson built the rowing facility up in Sarasota, and they built it to Olympic standards, and now the Olympic trials for national -- you know, for rowing will be held up at the Benderson Facility. So, you know, if we can maintain the standard to the highest level, it gives us the opportunity to do so much more than if we compromise. Go ahead, Commissioner Nance. COMMISSIONER NANCE: It's my understanding they're actually going to have the world rowing championships at that facility CHAIRWOMAN HILLER: Yep. COMMISSIONER NANCE: -- in 2017. CHAIRWOMAN HILLER: Yep, that's exactly correct. COMMISSIONER NANCE: So that's amazing. You know, I fully support concepts like this. Certainly, this could be a nucleus for expanded sports -- you know, outside sports of other sorts that we have the potential to do in Collier County. You know, we've talked about putting these sorts of facilities out in the eastern areas of the county for a long, long time just because there's a need to have them -- you know, to have room to expand, to Page 185 December 10-11, 2013 have room away from residential areas because of the conflicts that they create allows you to fully utilize the facilities even at night, if you need to do that, to have extended hours to maximize your facility. So I'm very supportive. CHAIRWOMAN HILLER: And I would hope that staff, when you look -- you know, obviously you're going to look at all the districts -- I'm sorry, all the -- MR. AMICO: Inventory. CHAIRWOMAN HILLER: Yeah, all the inventory throughout the county. One thing, if you could keep in mind, you know, part of this is definitely sports, but part of this is also economic development. And the economic development aspect of this, besides promoting sports tourism -- and we now have a marketing department that will emphasize sports tourism -- is that hopefully a complex like this, as it -- as sports tourism grows to this end, will attract hotels and restaurants that will look to build new businesses. Like, for example, I could see Hawthorne or Staybridge or the Courtyard Marriott wanting to be next to a complex like this to accommodate traveling teams coming to play with our local teams, for example. You know, Applebee's or TGIF or McDonald's or Burger King so families can go eat after the game. So it isn't intended just to be a stand-alone field. But if it could be in an area that allows for that type of economic growth, then we actually will have a double whammy. MR. AMICO: We think when this is done, we'll be having -- we will create over a hundred jobs for the local community, so -- CHAIRWOMAN HILLER: Well, hopefully you'll create more, because that might be just what the complex will create. But when you look at the economic impact in terms of the ancillary businesses that might develop around this project, the number of jobs actually created, I think, will exceed the 100 employees that, you know, the facility itself would support. Page 186 December 10-11, 2013 MR. AMICO: Thank you very much. I think there's some other individuals that want to speak. CHAIRWOMAN HILLER: Yes. How many public speakers do we have? MR. MILLER: We have 10 registered public speakers, Madam Chairwoman. CHAIRWOMAN HILLER: All right. MR. MILLER: Your first public speaker is Bob Krasowski. He'll be followed by Luis Orellana. MR. KRASOWSKI: Hello, Commissioners, Bob Krasowski again. This is a great idea. You know, just as a general member of the public that comes up here and speaks to various issues, I think this is great. But it's where you put it. I've heard that there was an intent or interest in putting this in environmentally sensitive habitat. I wouldn't support that. But I don't think soccer players or the soccer community wants to be placed in any kind of controversial position with the environment. I can think of a couple of places. I'm sure they're going to scrutinize every place where this could occur. The peripheral activities that you mentioned are excellent. I would think, though, the business part of it, make sure you protect the county's interests in the future. If the stadium ever needs to be sold or is sold or whatever, we have to make sure that our interest is protected. I like what the gentleman said about feeding, starting small and building on that. And I would suggest that we might even want to look, to some extent, at a tourist bed tax addition that -- I see you shaking your head no. I don't understand why, politically. Like -- because they're the ones who are going to really benefit from this. We will, too, in the community and -- to whatever extent that we start bringing in national/international. I mean, the sky is the limit with this thing. Page 187 December 10-11, 2013 So good luck to everybody with it, but make sure our interest, as a community, is protected, that we're invested in this from the beginning, and definitely look at the tourist industry to see -- because that sports office of-- that's part of the Tourist Development Council and Jack Wert's operation, and so it would be nice to have them look at this, too, because they're already connected internationally with everything. So once this is there, they can fill it up. CHAIRWOMAN HILLER: And that's a great suggestion. We already have Jack involved. He's already attended our meetings, and that's an excellent suggestion and already been put in place. So thank you for your -- MR. KRASOWSKI: Look -- and one other thing. May I request that when you take a picture with the kids, you put on your hats. CHAIRWOMAN HILLER: What a great -- MR. KRASOWSKI: Okay. Will you do that? Because I'm sure they'd love it, and -- for the kids. CHAIRWOMAN HILLER: That's cute. I like that. That's a very happy, positive suggestion, Bob. Thank you for saying that. All right boys and girls -- MR. KRASOWSKI: Joy to all of you for the happy holiday season. CHAIRWOMAN HILLER: -- or boys and one girl. Thank you, Bob. MR. MILLER: Your next public speaker is Luis. I'm sorry, I'm having trouble reading this, sir. And he'll be followed by Jeff Butzke. MR. BUTZKE: I already spoke. MR. MILLER: Oh, I'm sorry. He'll be followed by Clark Hill. MR. ORELLANA: Hello, good afternoon. My name is Luis Orellana. I'm the president of Naples Futsal. We are lead, the running in Collier County since 2009 in Golden Gate Community Center. We started with four teams over there in 2009. Now we have Page 188 December 10-11, 2013 around 60 teams over there, 60. And we cannot expand no more because we don't have more place to go, because it's only -- in the community center is only one facility, one field, and we have different sports. We have volleyball, basketball, different sports playing over there. So they cannot give us more hours to play over there. So the project of Mr. Butzke will be great because we can go expand to that facility and keep growing more. We have -- like I say, we have a lot of interest. We have teams coming from different -- from different parts of the -- not only from Collier County. We have teams coming from Lee County, from different parts. So I give congratulations to the soccer project, and I will say we can approve. It would be great for Collier County. CHAIRWOMAN HILLER: That's great. Thank you. MR. ORELLANA: Thank you. MR. MILLER: Your next speaker is Clark Hill. He'll be followed by Tom White. MR. HILL: Madam Chairman, Commissioners, first of all, thank you for your presentation this morning declaring that Shula's Steak House was the Business of the Month. We appreciate that very much. Thank you. Yes, I'd like to speak in support of the soccer facility. I'm with the Hilton Naples and Shula's Steak House, and I'm also on the Tourist Development Council. I have been employed in Lee County. In fact, I was in Lee County 10 years before moving here, and I know what sports can do for the economy. I also know that there's a need for additional fields in our community, and I'm happy to see that the soccer -- ability to play soccer is expanding. So congratulations for that. This is a big economic benefit or could be an economic benefit, depending on where it's located, and I think we're looking at some great locations for the facility. Page 189 December 10-11, 2013 It will not necessarily add infrastructure needs to what we have existing, especially in hotel rooms right away, because we do have 30 percent vacancy rates. CHAIRWOMAN HILLER: Oh, dear. MR. HILL: So this will help fill those vacancy rates. CHAIRWOMAN HILLER: That's great. MR. HILL: So anyway, I see it as a win for the community and a win for tourism, and I think it's a great idea. CHAIRWOMAN HILLER: Thank you. MR. HILL: Thank you. MR. MILLER: Your next speaker is Tom White. He'll be followed by John Dina. MR. WHITE: Yeah. Hi, Madam Commissioner, Commissioners, thank you for having -- Madam Chairman, Commissioners, thank you for having me here. My name is Tom White. I'm speaking on behalf as the managing person of the Hawthorne Suites, the hotel on Pine Ridge Road that employs 25 Collier residents, or Collier citizens. I'm also speaking as a board member of the Collier County Hotel Lodging Association and as the immediate past president of the Sports Council of Collier County, which represents 32 attractions, restaurants, and hotels in Collier County that supports sports growth in Collier County. I wanted to let you know that I also support Georgia Hiller's recommendation that Collier County Board of County Commissioners direct staff to work with Southwest Florida Soccer Foundation as it seeks to develop a state-of-the-art soccer facility in Collier County. I also am the managing partner of a hotel in Sarasota. I've seen tremendous growth in Sarasota from the sports market. In Collier County in 2011, I believe we had about $5 million in economic impact in Collier County. In Sarasota, they had about 34 million. In 2012, Sarasota had approximately $6 million economic impact Page 190 December 10-11, 2013 -- or I'm sorry. Naples had approximately $6 million economic impact. In Sarasota, there was about $40 million economic impact related to sports. I've seen where they built the Benderson Facility, where they built the world-class facility at IMG. There's 12 weekends we're sold every weekend up there with all rowing events. There's tremendous amount of sporting events going on throughout the county. It's a great stimulator for the restaurants, the gas stations, the dry cleaners, everything. It just helps the whole economy out. I, too, with Clark, wanted to remind you that there is still vacancy in some of the hotels in the summer periods when we like to attract tourism. I think one of the things that I hear from a lot of the sporting promotors up in Sarasota, they like the fact of the proximity of the fields being close together. I know some of the sports -- one of the reasons we lost lacrosse is because we were going to have to splinter the group to too many fields. So I think if the direction could be looked at as trying to keep it close to maybe the Livingston park now or something that keeps the activity together, I think that would be a good idea. Utilize the facilities we have. So I think it's a great economic for a good clean, green movement into Collier County. I think it's a good lifestyle for Collier County, and I just want to let you know that I support, wholeheartedly, your recommendation. CHAIRWOMAN HILLER: Thank you. MR. HILL: Thank you. CHAIRWOMAN HILLER: The point you make about clustering the fields is a very good one. And whether -- you know, if we develop a super soccer complex in one location, maybe we could, if we had more land, have more fields and, alternatively, create, for example, a super baseball complex for the very reason that you say, that when the competing teams come, they don't want to be splintered. Page 191 December 10-11, 2013 They all want to be in the same place. And it's also very difficult to have two sports, you know, on top of each other. If you've got, you know, the soccer kids all in the middle of tournaments and you've got the baseball kids all practicing, and you've got, you know, spectators for soccer and just families for baseball, it creates all this conflict with parking, and it just -- it really doesn't work as well as when you segregate the uses and, as you say, properly cluster. So that's a very good point, something to think about, Leo, in the design. MR. OCHS: Yes, ma'am. MR. HILL: Thank you. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next speaker is John Dina. I think I'm getting that right. He'll be followed by Shaliece Hall and Wendy Pasquale. MR. DINA: Good afternoon, Commissioners. I'm with the Optimist Club in Naples. I'm sure you've probably heard of it. We have different types of sports. The one major one is soccer. Just going back a little bit, I moved to Naples about 23 years ago and, obviously, back then we had a different clientele in Naples than we do now. We have a lot more families in the area than what we used to back then. Twelve years ago I got involved with the Optimists, and back then we had 4- or 500 players. We're up to about 1,150 now; that's because we cannot take any more. Our home field is the Vineyards. We have to share that with lacrosse, we have to share it with softball or baseball. So we only have it a few nights -- four nights, or three-and-a-half nights. The rest is split with somebody else. I think the better issue we need to look at here is when you provide sports to these kids, obviously you're doing a lot of good for them because they're not getting involved in other problems. And it Page 192 December 10-11, 2013 doesn't have to be soccer. Any kind of sports. So doing something like this is going to open up to other sports, whether it's basketball, tennis, cycling, rowing, whatever the case may be that requires fields, it's going to have more kids involved. We actually turn away every season close to about 100 plus players. I have no room for them. I mean, we have 98 teams right now. And if I say, okay, I want to take everybody, I can be up at least 10, 20 more teams every season. And this is for season. I mean, I would like for you guys, if you have a chance, to make it one Saturday to our fields. We have approximately, between players and their parents and grandparents, close to about 3,000 plus -- CHAIRWOMAN HILLER: It's amazing. MR. DINA: -- every weekend. Every Saturday you go by from morning to night, you have over 3,000 people in the fields. I mean, that's wonderful. Brings families together, the kids together, and I think this is what community is about. Another subject somebody touched on about lacrosse. Last year, I believe lacrosse had a tournament down in Collier County, and they had to split between North Collier and Vineyards. We were there because we managed that concession for them; we volunteered to do it. And, sadly, I hear at the end of the tournament they will not be coming back to Collier County. They're going to go back, I believe, to Orlando where they have more fields in the same location. Well, that doesn't only -- it hurts in many different aspects; hotels, restaurants, people coming into Naples. So, obviously, we need to look not just necessarily what's good for -- excuse me for saying it -- the older folks in Collier County, but now we have a lot more of younger folks in Collier County. Families are moving here all the time. We've got to provide them with a place to be. Thank you. CHAIRWOMAN HILLER: Thank you. And I just want to Page 193 December 10-11, 2013 mention that the first person I spoke to about this concept on the soccer side was John, and John was the catalyst for bringing everybody together, so thank you, John. MR. DNA: Thank you. MR. MILLER: Your next public speakers are Shaliece Hall and Wendy Pasquale, and they'll be followed by KP. CHAIRWOMAN HILLER: Pezeshkan. MR. MILLER: Pezeshkan. MS. HALL: Yes, hi. I'm Shaliece Hall. I'm one of the directors of Florida Heat Wave Volleyball. And, first of all, we're super supportive of this project for many reasons. If I can just broadly speak about our summertime climate and how we have so many local families that have to sit out in the heat and sweat, sweat, sweat, including parents, and how that indoor need is actually quite great. To give you an idea of the sort of numbers we service or events we attend, there's two huge volleyball tournaments in the country that are fairly local. One is in Orlando and one is in Atlanta. In Orlando in the summertime in July, which is held at the Orlando convention center, they host one thousand nine hundred and, roughly, 75 teams in one week. At a typical indoor volleyball tournament, they can have between 30 and 110 volleyball courts in one location, which is just a basketball court split in half, essentially. And volleyball is the fastest growing girl sport, and I think even beach, in America. So there's a huge population. We have quite a number of travel teams. There's many organizations like us. And to have a facility that is relatively large and central to service also Tampa and Fort Lauderdale folks, when you're talking about the traveling sports community, puts us on par a lot more with Orlando. And while we don't have Disney World, we have the ocean, and we have a lot more we can offer. And I feel, and I know our Page 194 December 10-11, 2013 organization feels, that this project can very much reflect a lot of the values of Collier County and what we're hoping to do. I know there's tremendous support from various sports in having a multi-purpose space. Yes, it's under the umbrella of soccer but services so many people, I think, is going to pay dividends in many, many, many years to come. I also feel that not only does it service our children, because when our children are in school during the school year, we'll have many folks that are a little more experienced and seasoned in life and retired who would also like to participate and have a facility to go to to do some indoor golf, to do indoor soccer themselves. So this is kind of a multi-generational project that I think would really benefit so many people. MS. PASQUALE: Hi. Good afternoon. Wendy Pasquale. I see especially the tension on the schools at this point. Volleyball we're trying to squeeze after basketball, and a lot of times it gets so late at night, it's hard for these kids to get, you know, homework and get to their sport that they love, and then get to bed at a reasonable hour. And I think a facility like this would alleviate a lot of the overflux at the schools of everybody trying to push in one gymnasium, and I think would help get our kids to bed a little bit earlier. And the family setting, I'm a young mom, so that's important to me. And also, it is multi-generational. I know that in volleyball there's even a division for 70 and under (sic), so a lot of adults want to come play as well. Thank you. MR. MILLER: Your next public speaker is KP Pezechan (sic). CHAIRWOMAN HILLER: Pezeshkan. MR. MILLER: Pezeshkan, excuse me, sir. MR. PEZESHKAN: You really butchered my name. MR. MILLER: I know. It's past four. Page 195 December 10-11, 2013 MR. PEZESHKAN: Madam Chair, Commissioners, thank you. You know, I don't know how many other people are going after me. The only reason I ask is -- MR. MILLER: Two. MR. PEZESHKAN: -- I think it's -- okay. So I won't hold my breath with this one. But it's so nice when everybody is on the same page and on board. Now, I've lived here for 34 years. John -- I've coached with John at Optimist. I was actually an Optimist player in Naples. I've been here a long time. My kids are very passionate about soccer. They've been kicking a ball -- I think every child, the minute they walk, they don't pick up a bat, they don't pick up a baseball or a football and throw a spiral. They kick a little round ball. It all starts there. You know, the outcome of a -- I just wrote a couple things down. The outcome of a game is never predetermined. Hard work, understanding the obstacles, and having a plan; it's just like what we're doing right here today, and giving it 100 percent. And we're not going to know if it's going to be successful, but you can only try. Now, we bought a ball today, and I wrote the words that Marshall Goodman said this morning. Some of you weren't here today. He said the toughest part about getting anything done is starting. So I'd like to pass this ball around and have you-all sign it representing today and starting the process -- CHAIRWOMAN HILLER: As -- MR. PEZESHKAN: -- not knowing where it's going to end. CHAIRWOMAN HILLER: Oh, well, we know -- put up that saying. Where's that saying, the T.S. Eliot saying? I like the way you're thinking, KP. MR. PEZESHKAN: You know, and I know this is more than soccer, but soccer is a sport that's been around for 3,000 years. Officially it started in England in the mid 1800s. But, you know, World Cup is a big deal in soccer, and some Page 196 December 10-11, 2013 statistics I looked up, half of the world watched it in 2010. In the United States, over 50 percent of the population who had televisions tuned into World Cup. That's a lot of people. It's a huge sport. Sports is huge in America, but it's all about the kids. CHAIRWOMAN HILLER: Yep. MR. PEZESHKAN: Where are they? These shy children. You know, more than that, you know, sports is a part of our nation, but let's make it a bigger part of Collier County. And I commend you all in the audience and up here, the commissioners, in starting this process. And if there's anything we can do to help, just give us a shout. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next public speaker is Trent Carter. He'll be followed by Patrick Ruff. CHAIRWOMAN HILLER: KP, before you sit down, can you bring that ball up here. MR. PEZESHKAN: I will. CHAIRWOMAN HILLER: And do you have a special pen? Like, what's the deal with the pens here? Do we need, like -- COMMISSIONER HENNING: We should have one coming in from the back side. MR. PEZESHKAN: Not to advertise, but I have a Manhattan Construction pen. COMMISSIONER HENNING: You want a Sharpie, right? COMMISSIONER COYLE: Who is that? CHAIRWOMAN HILLER: That is so cool. Well, after we vote, everybody who votes in favor will get to sign it. MR. CARTER: Commissioners, thank you for your time. I'm the lacrosse guy in the room, so -- the only lacrosse guy in the room. CHAIRWOMAN HILLER: That's great. MR. CARTER: And to let you know, yes, soccer, lacrosse can commingle on the same field. We fit perfectly just inside. Page 197 December 10-11, 2013 I'm currently head lacrosse coach at Barron Collier. I also run Madlax Lacrosse travel team. Currently we have about 135 players. Our seasons are fall and summer. And basically every season that I call the county parks, it's the same response. Soccer's got it locked down, football. They need to rest. And what is lacrosse? So it is a battle for us to find fields all the time. And so, obviously, we are in huge support of this, and it would give us, you know, more opportunity. Right now, currently, we have to practice on Sundays because we can't get any of the local fields. So, you know, I think our numbers would increase with more flexibility that we would be able to have with a facility such as this, so CHAIRWOMAN HILLER: No, that's fantastic. And it's really great that you're here. I'm so glad that you stepped up to the podium. And one of the things that's very important, because it is a public/private initiative -- and Jeff is actually putting in a million dollars of his own money to start it up. Once, you know, this project does move forward, he's going to be making an investment. You know, if you can bring contributors to the table who would be interested in participating, you ought to talk to Jeff and see how you can partner. Because I know that he's open to taking people under his umbrella in a partnership capacity. And the more the merrier. MR. CARTER: Right. CHAIRWOMAN HILLER: Because this is one of those things where, you know, bringing everyone who's committed to, you know, sports and competitiveness and athleticism under, you know, one roof in an incredible complex would be phenomenal. MR. CARTER: It all makes sense. CHAIRWOMAN HILLER: It does. So it would be wonderful. MR. CARTER: Currently there are about 800 lacrosse players now in Collier County alone. And the increase is about 10 percent Page 198 December 10-11, 2013 annually. But we are restricted, like all the other sports, in growing because of the lack of facilities for us to have practice. CHAIRWOMAN HILLER: Absolutely. MR. CARTER: Thank you for your time. MR. MILLER: Your final registered speaker on this item is Patrick Ruff. CHAIRWOMAN HILLER: Hey, Patrick. We put in that one-mile course just for you, because I know that's what you requested. Wasn't that your Facebook post one day? No, he doesn't Facebook about government stuff. I'm just kidding. MR. RUFF: That's fine. Thank you for allowing us to be here. And, yes, I'm Patrick Ruff. I'm with Naples Pathways Coalition. Our primary mission in the county is to advocate for bike paths and for sidewalks for cyclists and pedestrian activity. As the sports communities are growing in our area and our cycling and our running and pedestrian sports are growing, there's certainly a need for facilities like this, training facilities like this. Our primary mission would be to see interconnectivity between all of the county assets and parks and obviously providing safe access for cyclists and for pedestrians to this facility all in the same fashion that we have in the last 10 years between us and the county. Having said that, we are here to lend our support to this project as well, giving the possibility for close criterion-type (sic) track, training facilities for cycling, and potentially an indoor velodrome. It's very exciting. It certainly brings Collier County more to the forefront regionally and nationally if we were able to have something like that. Our infrastructure already is inviting to an awful lot of folks for this activity. And we do have a lot of work to keep up with that demand. Within our county, we're going to keep doing that, but I think this would be a nice magnet project to bring the focus to what we do have here. And I do appreciate this insight, all the work that the commission Page 199 December 10-11, 2013 does and the staff does with advocates like us, because it's been a nice working relationship. CHAIRWOMAN HILLER: That's awesome. MR. RUFF: Thank you. CHAIRWOMAN HILLER: Thank you so much. And thanks for all you do, Patrick. We appreciate you. MR. RUFF: Thank you. CHAIRWOMAN HILLER: Thank you. That's our last speaker. So with that, Commissioner Nance, go ahead. COMMISSIONER NANCE: Yes. What sites are under consideration for this project? CHAIRWOMAN HILLER: Can I suggest that that -- I don't think it's appropriate to discuss that at this point. It's not on the agenda. What we're doing right now is directing staff to explore all possible sites throughout the county. And considering how many other players are coming to the table, they have to evaluate whether 60 acres is enough, or maybe it should be 120 acres, or maybe it should be multiple sites for multiple projects, because we might have other investors who are looking to step up to expand this project. So it's premature to talk about any location. And I think we have to give staff the opportunity to work with Mr. Butzke and the various groups that will fall under his umbrella to determine what sites should be considered. And I think that the whole county has to be looked at. COMMISSIONER NANCE: Are there private sites under consideration? CHAIRWOMAN HILLER: No, because we're not looking to spend public funds. We're looking at existing sites that we own that we may have been considering for development. COMMISSIONER NANCE: So you're telling me that no sites have been considered up to now? CHAIRWOMAN HILLER: No. I'm saying they've looked at a whole bunch of sites, but they're not committed to any site. And they Page 200 December 10-11, 2013 have to evaluate, because they don't have the details of the project to be able to narrowly pinpoint a site in light of all the interest that has come forward after, you know, Jeff made his proposal. There are a lot of sports that have now thought, wow, this is really great. We would like to participate under this umbrella. So what was, you know, maybe thought of as a possibility before may not be -- may not be the solution now. So this is not the time to talk about specific sites but it's, rather, the time to endorse staff working with the Southwest Florida Soccer Foundation to explore all possible alternatives throughout the county and then come back to the board with that information in a -- you know, in a professional fashion with more specifics. COMMISSIONER NANCE: Okay. CHAIRWOMAN HILLER: Any other discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion, do I have a motion? COMMISSIONER HENNING: Yeah. You have a motion. It wasn't seconded. Do you want me to -- CHAIRWOMAN HILLER: Okay. Yeah, could you restate the motion. COMMISSIONER HENNING: Motion to approve to direct staff to work with -- CHAIRWOMAN HILLER: And then bring back, you know, a proposal, bring back sites, you know, with a proposal as to how it will be done from the standpoint of, you know, a rental agreement. And, you know, if they do decide to go with the industrial revenue bond route, you know, the feasibility of that. And one thing to consider also -- because this is an economic development project, and they are going to be, you know, sharing financial information for different reasons, that that is -- that is -- it's not private, but it's exempt from public records until after -- I guess, is Page 201 December 10-11, 2013 it for one year? Where -- is Bruce here? Bruce, what's the rule? For one year. It's exempt for one year. So any information -- it's not permanently exempt. It's only exempt for a one-year period. But if you're concerned about confidentiality in that one-year period, then you are protected because it is an economic development initiative. After that one-year period, all that information becomes public, so if you -- COMMISSIONER HENNING: That's not a part of the discussion. CHAIRWOMAN HILLER: No. I just want to make sure he understands that for purposes of dealing with staff when they work together. It's just to make sure you understand, because, you know, when you work with staff, everything that you do with staff-- because you're a private entity, though, when you work with staff, everything becomes public, because it's a public/private partnership. I just want them to understand, you have to follow our rules. Okay. Thanks for the motion. Is there a second? I'll second. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: All right. Commissioner Fiala seconded. We have a motion and a second. There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) Page 202 December 10-11, 2013 CHAIRWOMAN HILLER: Motion carries unanimously. (Applause.) CHAIRWOMAN HILLER: Commissioner Coyle, you sign. COMMISSIONER COYLE: Do you have a pen? CHAIRWOMAN HILLER: Yep. And can we have the kids up here and the photographer. Actually, everybody who's involved in the soccer group, come on up and -- MR. PEZESHKAN: Do you want a receipt for that ball? COMMISSIONER COYLE: I want you to pay me for my signature. CHAIRWOMAN HILLER: I want -- here's your pen back. I mean, it could be perceived as a bribe. Here, you take that back to your daddy. All right. Let's all stand up. Put your hat on. Thanks for coming, kids. You did a great job. (Applause.) COMMISSIONER HENNING: Next year can you get a man's size instead of boy's size? CHAIRWOMAN HILLER: This is, like, supposed to be one size fits all. I didn't know. Put that hat back on. Wait, I'm going to take a picture of you. You're so cute. Hang on. I have to take a picture. COMMISSIONER HENNING: That's okay. We've got tomorrow. Nope, we'll be here tomorrow. Hang on. CHAIRWOMAN HILLER: Guys, you sign. That is so cool. Can I wear this if I listen to an AUIR, or will I not be able to concentrate? COMMISSIONER FIALA: Can I tell you a cute story real quickly? CHAIRWOMAN HILLER: Yeah. COMMISSIONER FIALA: So my sons were four and six, and they were playing soccer. They used to play soccer over by Poinciana. Page 203 December 10-11, 2013 COMMISSIONER COYLE: That's not on the agenda. COMMISSIONER FIALA: I know, but we're waiting. And so -- and it had been after a big rain the day before. And little -- their little tiny legs were so small in their little soccer suits. And they were running around and around and around. And all of the sudden the four-year-olds -- the whole team turned around, and the parents are yelling, the ball, the ball, and the kids just are turning around. Here they were chasing a frog. They saw a frog on the field, so they forgot the soccer ball and just chased the frog. It was so cute. CHAIRWOMAN HILLER: Extremely cute. I like that a lot. COMMISSIONER COYLE: We're burning daylight. CHAIRWOMAN HILLER: We are. COMMISSIONER FIALA: We're coming back tomorrow. COMMISSIONER COYLE: Really? COMMISSIONER FIALA: Yes. Yes, we are. COMMISSIONER COYLE: Not necessarily. COMMISSIONER FIALA: Yes, we are. CHAIRWOMAN HILLER: Donna, can you put your district on there? COMMISSIONER FIALA: Sure. CHAIRWOMAN HILLER: Because everyone else is. And tell -- if you could have Commissioner Coyle to do -- COMMISSIONER FIALA: Sure. Do I just put District 1? CHAIRWOMAN HILLER: Well, you can see what the other guys did. They put District 3 commissioner, District 3 -- Commissioner Coyle needs to do it. You can see Commission District 5. COMMISSIONER COYLE: I represent the entire county. CHAIRWOMAN HILLER: You are so funny. That's true, you do. COMMISSIONER COYLE: That's right. CHAIRWOMAN HILLER: That's true. Page 204 December 10-11, 2013 MR. OCHS: Madam Chair, may we proceed? CHAIRWOMAN HILLER: It's hard to concentrate, but yes. MR. OCHS: I know. Now, did you decide, Madam Chair, to defer the presentation -- CHAIRWOMAN HILLER: Yes. MR. OCHS: -- of 10G? CHAIRWOMAN HILLER: We're going to do it tomorrow, yeah, because I want to give -- I mean, we have staff here, so I want to give them the opportunity to get done. MR. OCHS: Thank you. Item #10H RESOLUTION 2013-293: APPOINTMENT OF ONE ALTERNATE MEMBER TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD - APPOINTING LISA CHAPMAN BUSHNELL — ADOPTED MR. OCHS: Let's go ahead and finish with the last item under Board of County Commissioners, which is Item 10H. It's appointment of one alternate member to the Collier County Code Enforcement. CHAIRWOMAN HILLER: Yes. COMMISSIONER FIALA: And the only one on here is Lisa Chapman Bushnell as an alternate member. So I make a motion to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. Page 205 December 10-11, 2013 CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #9A ORDINANCE 2013-71 : REVIEW AND APPROVE THE 2013 COMBINED ANNUAL UPDATE AND INVENTORY REPORT (AUIR) ON PUBLIC FACILITIES AND CAPITAL IMPROVEMENTS ELEMENT (CIE) AMENDMENT AS PROVIDED FOR IN CHAPTER 6.02.02 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND SECTION 163.3177(3)(B), FLORIDA STATUTES — ADOPTED W/CHANGES MR. OCHS: Commissioners, we move to Item 9A on your agenda. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: What is this? CHAIRWOMAN HILLER: Hang on. MR. OCHS: This is the recommendation to review and approve the 2013 combined Annual Update and Inventory Report on facilities and capital improvements. COMMISSIONER NANCE: Ladies and gentlemen, I have provided you with a small item that I would like to make a minor change to the AUIR/CIE, and that is to remove right-of-way funding for the Vanderbilt Beach Road extension from the 2030 AUIR/CIE, and the five-year work program, and transfer the budgeted funding to the financially feasible and scheduled projects associated with Golden Gate Boulevard. I'm doing this because the Vanderbilt Beach Road extension is Page 206 December 10-11, 2013 identified in our long-range transportation plan but is currently not financially feasible until some undetermined time beyond the year 2035. Its needs ranking 33. It has associated estimated cost of$65.6 million that is currently unfunded and has over $650 million of unfunded priorities ahead of it. My main reason for doing that is to try to get as much funding for the needs of expanding Golden Gate Boulevard and also allowing citizens to more easily market their residential properties if needed or desired by removing this from the active right-of-way acquisition list. And I would point out to the board that the project, I recommend it remain on the LRTP needs plan and funding and active staff management resume at the time the project becomes financially feasible. So I would like to make that friendly amendment, Commissioner Coyle, to your motion to approve. COMMISSIONER FIALA: I believe that was right here in our packet, too, actually. COMMISSIONER COYLE: Yeah, I've got it. What I don't have is a recommendation from staff concerning the impact of that change. Are you recommending it? MR. CASALANGUIDA: Commissioner, yes. We're fine with it, if I could keep it that simple. Taking that right-of-way out of the CIE won't affect it in any way. COMMISSIONER COYLE: Okay. That's all I need to know. Yes, it would be fine. Okay. So we've got a motion to approve, and we have a second. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Leo, do you have something you want to say about EMS facilities -- MR. OCHS: Well -- COMMISSIONER HENNING: -- or was I informed wrong? Page 207 December 10-11, 2013 MR. OCHS: That is an area that we're working on addressing. In your AUIR you see that you have a facility planned, new facility for 2015, and in the five-year planning horizon we have a deficit of approximately 2.3 units. We are working with other independent fire districts and the City of Naples Fire Department right now to develop some alternative plans that would allow us to improve our response times in the few zones that are currently below our response-time standard and perhaps do that in a way, Commissioner, with reallocating existing assets as opposed to having to immediately look to build or add additional units. And we're going to bring a complete explanation of that when we're ready, probably right after the first of the year. COMMISSIONER HENNING: Oh, okay. I'm sorry. I thought -- somebody told me it was going to be during this presentation. That's fine. MR. OCHS: Is that okay? COMMISSIONER HENNING: Yeah, thanks. CHAIRWOMAN HILLER: Leo, do we have the evidence room included in the AUIR? MR. OCHS: No, ma'am, we don't. COMMISSIONER FIALA: The what, please? CHAIRWOMAN HILLER: We need a new forensics center. We don't have enough space for our evidence. That really ought to be included. We have to incorporate that in there. MR. OCHS: Yeah. It was not submitted by the sheriffs office as part of their AUIR submittal, I don't believe, Mike. MR. BOSI: No. The only advancement -- and Mike Bosi, Planning Services Director. The only advancements we had on the law enforcement side was to move into Year 3 of the Orangetree replacement facility. The last we had discussed with facilities management in the Page 208 December 10-11, 2013 Sheriffs Office was the center in Immokalee was providing some additional evidence storage. CHAIRWOMAN HILLER: What about the substation? Where is the substation? MR. BOSI: The substation has been -- oh, I'm sorry. MR. OCHS: No, go ahead, Mike. MR. BOSI: The substation has been advanced to Year 3. Hank Jones -- Skip Camp and Hank Jones from Facilities Management are now in the beginning process of the due diligence required to bring that facility online within Year 3. CHAIRWOMAN HILLER: That has to get done. I think we really need that. We need the substation, we need the forensic center. That forensic center should be part of this AUIR. Whatever you're doing now, you can bring that back with an amendment to include that, can't you? MR. BOSI: We most certainly can, or we can put that on the radar as a specificity that's going to be identified within the AUIR that's going to be brought before this board next year. CHAIRWOMAN HILLER: I think you need to do it now. I mean, I think you need to -- I mean, the horizon to build it out -- they are -- they do not have enough space; within less than five years, they're out. And how long will it take us to get the funding, do the planning, and build it in light of the horizon that we have of running out of space to store evidence? MR. OCHS: Well, Commissioners, if I might suggest, you're going to get in, in February, to your budget policy setting for the 2015 budget, then to be followed, obviously, by budget presentations in May and June. Certainly I would expect the sheriff to include that in the capital improvement budgeting for his agency if he believes that's a priority to begin right away in 2015. Page 209 December 10-11, 2013 I'd suggest, perhaps, we ask the sheriff to identify his priorities and discuss those needs directly with the board at that time, and then we can incorporate it, then, in the fall into the next year's AUIR, if the board wants to advance this. CHAIRWOMAN HILLER: But we can amend the AUIR during the course of the year. MR. OCHS.. Sure. CHAIRWOMAN HILLER: We're not -- I mean, we don't have to wait till next year to do it. If the sheriff identifies the need -- and from everything I have heard, it seems to be a need that is coming up faster than we anticipated. It -- we should leave ourselves open to amending the AUIR as soon as we hear from the sheriff. If he decides it's not a need, then, you know, that's perfectly fine. We're not going to advance anything he doesn't want. On the other hand, you know, if we run out of storage space for evidence, you know, we're going to be in a very difficult situation to come up with the funding to find space -- MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- or build space, really. MR. OCHS: As you recall last year, there was a request brought forward late in the budget process to finish off the special operations center, and the board had us go ahead and incorporate that into the budget process. CHAIRWOMAN HILLER: And that was a very small dollar amount. And, in fact, it didn't cost us anything out of our budget because the turnback money from the sheriff went to fund that improvement. So that was -- you know, that was basically a net position. But the evidence -- I mean, the evidence facility is concerning. I had the opportunity to see the facility up in Lee County, and it is a state-of-the-art facility, and we're nowhere close to it. I mean, we're really in trouble. Page 210 December 10-11, 2013 COMMISSIONER HENNING: And Lee County's millage rate is higher than ours. CHAIRWOMAN HILLER: But their property values are lower. COMMISSIONER HENNING: Pardon me? CHAIRWOMAN HILLER: Their property values are lower. COMMISSIONER HENNING: Yeah. I mean, I pay taxes in Lee County. I know what they are compared to Collier. We have a debt that I thought the majority of the board was going to take care of. I'm hearing more and more things that we want to add. We have facilities that we have delayed repair on. We have vehicles that we have delayed replacing. Those items are costing us more and more by that delay. And the reason why we did that is to keep the millage low, okay. So if the constitutional officers has something they need, bring it on. Let's prioritize our budget like we always do. But I'm not going to be -- I would hope that the board wouldn't be an advocate to spend more, borrow more, raise impact fees to pay for it. I mean, there's a cause and effect by doing more facilities. CHAIRWOMAN HILLER: Without a doubt. The only issue is -- Commissioner Henning, I agree with you. Everything you've said from a, you know, philosophical standpoint is absolutely correct. The only issue here is that in terms of spending in the hierarchy, public safety is number one. Number two -- COMMISSIONER HENNING: No -- okay. But what we spend, according to one of the organizations that oversees -- and I have the slide. Collier County is number one spending in public safety, number one. CHAIRWOMAN HILLER: And our quality of life reflects that. COMMISSIONER HENNING: Yeah. CHAIRWOMAN HILLER: And it makes it a very valuable community. COMMISSIONER HENNING: So how much is enough? Page 211 December 10-11, 2013 CHAIRWOMAN HILLER: Well, it's not -- but, again, this is not a want. This is -- there's a difference. And I don't -- this is not a discretionary spend. COMMISSIONER HENNING: Okay. The last agenda -- maybe it was this agenda -- we had an emergency spending to replace a roof at the EMS facility because it wasn't programmed in, and the thing is falling apart. CHAIRWOMAN HILLER: Yeah. COMMISSIONER HENNING: I'm telling you, there are so many needs out there that we have deferred as far as maintenance of our buildings, including our constitutionals; we need to get at that. I'm just saying, before we -- before we jump at anything, we need to prioritize what are we going to do -- we're going to spend our existing monies on. If we've reduced fees, what are we going to replace it with and if we're going to replace it. If not, what kind of services are we going to lower? If we're going to spend more, are we going to borrow more, have more debt, or raise taxes? So let's look at all that. When we do something like that, it's very, very important. I'm committed to lowering our debt. I know, talking to staff, taking time to sit down and really understanding what has been deferred, we have a problem. We have a serious, serious problem. I'm sorry I got off the issue, but -- CHAIRWOMAN HILLER: It's okay. You're making very good points. COMMISSIONER HENNING: You know, obviously, I see more and more items that we want to spend and, yeah, it's everybody's priority. So, you know, it's whatever the majority's -- priority of the board is. CHAIRWOMAN HILLER: It seems to me that the board has been very conservative in its spending in the recent past. They haven't been spending or adding a bunch of projects. Again, I agree with you, Page 212 December 10-11, 2013 these projects have to be prioritized. There's a difference between projects that are needs versus projects that are wants, and there is a hierarchy of spending that, you know, we have to respect in the public's interest. So the bottom line is, I think, Leo, you should go to the sheriff, talk to him about this evidence room. I mean, if-- you know, it -- I've been told that they're out of space within five years. So, you know, how you plan on handling it is, you know, between -- you know, I would say Chief Smith and Leo can chat, I can talk to the Sheriff, and we can find out what's going on, but what I don't want to see happen is exactly what you described, Commissioner Henning, and that is that, you know, we're doing emergency funding at the 11th hour because the roof is caving in. COMMISSIONER HENNING: We did, we did. CHAIRWOMAN HILLER: And that's terrible. I mean, that is absolutely terrible, and that is not good management. And so, you know, we need staff to be proactive and recognize, and that's why you're doing the asset management inventory that has started with utilities. It's one of the things that we accomplished as a start this year. We have to, you're absolutely right, prioritize the needs. COMMISSIONER HENNING: All I'm saying is the money wasn't there. CHAIRWOMAN HILLER: Yeah, I get it. COMMISSIONER HENNING: It is not there. You know, there's -- staff is -- makes Leo very much aware of what needs to be done; however, we give them direction, don't raise taxes, and you're only going to get so much, so you need to tell us what the -- how you're going to allocate it, and he does that. CHAIRWOMAN HILLER: Yep. COMMISSIONER HENNING: The problem is is the list gets bigger and bigger and bigger. Page 213 December 10-11, 2013 So, again, I apologize for getting off the topic. CHAIRWOMAN HILLER: No, you did great. You made very good points. And the points are, I think, well taken by everybody. But, again, there is a need, there is a shortage. One way or another it needs to be addressed. The Sheriff needs to come forward and let us know. MR. OCHS: I will reach out to the sheriff. CHAIRWOMAN HILLER: Why don't you reach out to Greg Smith and let me reach out to the sheriff. MR. OCHS: That's fine. CHAIRWOMAN HILLER: Because Greg Smith is the right person to look at the facilities, and I'll just talk to the sheriff in terms of what his needs are. MR. BOSI: And, Madam Chair, in preparation of the AUIR, Chief Smith and I and the rest of the AUIR team were in regular conversations with the needs. And just one last portion, just to add -- and I know that everyone at the dais is absolutely understanding of this, but this is part of the whole discussion that we've heard today of, you know, economic development and maintaining the levels of service that we've set as a community, and we've done a very good job. But there are -- there are needs looming on the horizon as we start to kick up the growth rate. And the levels of service that we have, it's a math problem. Basically, as you add more people, you have to add -- you have to add those infrastructures and services that are commensurate with the levels of service that you have. CHAIRWOMAN HILLER: No question, except for the fact that we have -- you know, we built more than we needed at the time when we determined we had a shortage because of a concern that we would fall short again, and we thought growth was going to be faster. So there has to be -- I mean, there has to be careful study with respect to Page 214 December 10-11, 2013 that. MR. BOSI: And I think what it was related to is we improved our capital improvements commensurate with the number of dwelling units that were on the ground, those numbers of dwelling units that were on the ground could not be absorbed by the demand that the market was exerted upon this market for the last couple of years. CHAIRWOMAN HILLER: Can you speak into the mike; we can't hear you. Can you speak into the mike; we can't hear you. MR. BOSI: I think we programmed our capital improvement based upon our levels of service based upon the dwelling units that were being requested. And what happened was, over the five-year period, we didn't satisfy those demands. As we've caught up, we've realized -- we've delayed any improvements because we didn't -- we were -- we were overbuilt based upon the absorption rate. But over the next couple of years, we find that line starting to come a little bit closer, so we will start to have to program. And as you see in the AUIR, the programs -- the five-year program, really, it's been pretty -- it's been very, very slim. But you're seeing your Category A and your Category B facilities starting to migrate more towards Year 4 -- 5 and 4 and 3, and that means that's where the actual -- the due and the revenue starts to be identified, and we'll continue to make sure that those -- that those ranges are something that's in line with the board's policies. CHAIRWOMAN HILLER: Sure, thank you. Any other discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion, all in favor of accepting the AUIR as presented in the CIE. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) Page 215 December 10-11, 2013 COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. COMMISSIONER NANCE: As amended, right? CHAIRWOMAN HILLER: Yeah, as amended. MR. BOSI: Thank you. COMMISSIONER HENNING: How late are we going to go? CHAIRWOMAN HILLER: 5:30. COMMISSIONER HENNING: Okay. CHAIRWOMAN HILLER: Yeah. We're not going beyond 5:30 today. Leo, next item? MR. OCHS: Yes, ma'am. Item #11A THE SELECTION AND CONTRACT WITH AVIAREPS FOR TOURISM REPRESENTATION SERVICES IN BRAZIL, AUTHORIZE THE CHAIR TO SIGN A COUNTY ATTORNEY APPROVED CONTRACT, AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — APPROVED MR. OCHS: That moves us to County Manager's Report, Item 11A. This item was continued from your November 12, 2013, Board Meeting. It's a recommendation to approve the selection and contract with AVIAREPS for Tourism Representation Services in Brazil, authorize the chair to sign a county attorney approved contract, and make a finding that this expenditure promotes tourism. Mr. Wert, your Tourism Director, will present. MR. WERT: Thank you, County Manager. Good afternoon, Commissioners. This item before you is to hopefully have you approve the selection of a representation firm in Page 216 December 10-11, 2013 Brazil to represent the tourism interests here in Collier County. The cost of this on an annual basis would be $49,500 payable in monthly installments. This is a service fee that includes all of the services that they will be providing to us in terms of their time, in terms of their travel, in terms of their representation at trade shows, or out-of-pocket expenses. This is what they have figured it would cost them, and that is our cost. This -- first of all, I guess the question is, why Brazil? And it really is that Brazil represents one of the fastest growing markets of-- feeder markets to Florida anywhere in the world. It has been huge. The expenditures from Brazilian visitation is one of the highest among all the Latin American travelers that we see coming to Florida and to the U.S. Obviously, they come into Orlando, they come into Miami, and it truly has been a challenge for any other destinations in Florida to pull those folks out of Miami. They're very familiar with the area. They come four, five, six times a year. They buy big, small, large items. They take refrigerators back with them. It is really amazing how much they shop, and that truly is one of the big things that they enjoy. We are not well known to the Brazilians, and so we think that we have an opportunity to pull some of those folks out of Miami and Orlando by having representation there. We've been doing representation in international markets for a number of years. In fact, if you look back to 2004, we actually started some part-time representation in both the UK and in Europe, primarily in Germany. We started small. We started part time on a project basis, and we grew as the number of visitors grew. As the number of hotels who bought into the program increased, we saw more revenue. In 2008/9, that's when we had some influx of dollars because of the economic crisis, and we took that representation full time in both Germany and in the UK, and it has paid off dramatically. Page 217 December 10-11, 2013 You see at the bottom of this slide, the growth in Central Europe in the last 10 years has been over 200 percent. UK and Ireland, not quite as much because they're still kind of in a recession, have been for a while. Scandinavia and France are just off the chart. They are really growing like crazy. And I put this slide in here because it just graphically shows what's happened over the last 10 years. This is a direct result of the fact that these representatives are creating personal relationships with the travel industry in those countries. They speak the language in the case of Germany. We think we have the same opportunity in Brazil to do that. This is very much a relationship business. We have to build those relationships. And I know some of those people, but it's difficult. And I don't speak Portuguese. I think we need that assistance. So this is an opportunity to do exactly that. Just from the standpoint of the inquiries that we get for information, you can see that Brazil is starting to move up in the chart, and part of the reason for that is back in 2010 we met with some Brazilian journalists at International Powwow, which is a large international show here in the U.S. They showed some interest. That's often the first thing that people will look at. If journalists are interested, that means they're hearing from people that they want to know more about Florida. They want to know about other places other than Miami and Orlando. So we actually participated, then, in 2011 in a sales mission down to Brazil. Debbie DiBenedetto, our sales and marketing manager, went down. She visited the travel industry folks in five different cities in Brazil. She heard then, we'd like to know more about more places to go in Florida. We know Miami. What else is there? So we thought that there was a real opportunity. We've also -- one of the first things I thought about doing was, let's talk to Miami and see if we could do a joint venture with them to Page 218 December 10-11, 2013 share the wealth, if you will. Miami, my friend Bill Talbert in Miami at the CVB there was not real interested in losing much of that business. So I looked a little further, and I talked to the Palm Beach CVB folks. They have the same problem we do; they're far enough away from Miami that they're having trouble pulling people out of Miami. We have the same problem. And so we thought, well, maybe we could, perhaps, go together. We've been talking all day about partnerships and working together. This is a way that we thought might work very effectively. So we, jointly with the Palm Beach group, put together an RFP process to identify companies in Brazil who offer representation services. We found 29 companies that do exactly that. We reached out to those companies. We provided a scope of services that we were looking for. We had nine companies from that list of 29 that sent an actual proposal to us. And I've got them sitting on my desk, and it's about that thick (indicating). We looked at all those. We went through the process, just as we do any RFP process, to identify the top firms. Who was the most cost effective, number one, but also who offered the best services that we possibly could. And we identified the top four. We actually did a direct face-to-face meeting with the Palm Beach folks. We all agreed that this AVIAREPS was the number one firm. We felt, for a number of reasons -- and I'll show you on the next slide -- they were the most responsive; their presentation was the best. They have excellent market knowledge, and these folks are very knowledgeable in the international market. They also have representation offices in Germany and in the UK as well. So we know them well. We know the principals. One of the things that really impressed us -- and, Chairman Hiller, we've talked for a long time about the importance of direct air Page 219 December 10-11, 2013 service. Right now all that air service goes into Miami and Orlando. These principals in AVIAREPS are former airline executives. They have some excellent contacts. We think that that could be to our advantage in the future. They were the lowest cost of all the firms that did bid on us, on the proposal. We had a face-to-face meeting with them; them in Brazil, us up here in Florida via Skype so we could see them, talk to them, and we verified their credentials. We verified the fact that the four firms could all do the job, but AVIAREPS was by far the best, and they agreed to the amount of money that was within our budget. We had budgeted $50,000 for this. That is in our approved budget for this year. That's exactly what we were looking for. So our recommendation is that you accept the -- our staff recommendation that we select AVIAREPS for representation services in Brazil, authorize the chairman to sign a county attorney approved contract, and make the finding that this expenditure promotes tourism. And I can answer questions. COMMISSIONER COYLE: Jack, would you go back to that prior slide. Just a very minor -- MR. WERT: Yes. COMMISSIONER COYLE: -- little point before you start spreading this around. Be sure when you do this that you spell Sao Paulo properly. It's misspelled here. MR. WERT: I see that. I apologize. I see that. It was late. COMMISSIONER COYLE: They take exception to that. MR. WERT: Yes. Oh, they -- you're absolutely right. Any other questions, Commissioners? CHAIRWOMAN HILLER: Crystal, do you want to comment? MS. KINZEL: Yes, Commissioner Hiller. We brought this up previously in regards to the purchasing policy. And I just want to go on the record. I've spoken with both Jack and Leo regarding a process Page 220 December 10-11, 2013 moving forward. Our concern with this, obviously, isn't price or whatever, but it is the process. When Jack says, we, we, we, it was localized to the tourism department. I understand it's subsequently been vetted through purchasing. And moving forward, we just wanted to raise to the board, as we did in the purchasing policy process, that that increases your risk for fraud and other issues when everything is self-contained with the same unit doing all of the vetting, bidding, proposing, selection, payment approval. When that's centralized in one unit, as with tourism or Jack's department, that creates a risk element for control. And so they've committed, I think that they'll agree, moving forward we're going to work with purchasing to make sure that we have a control point within the process to ensure those risks are minimized. MR. WERT: And we are in agreement with that. MS. KINZEL: And we did want to put that on the record as our concern. CHAIRWOMAN HILLER: So just from your standpoint, are you okay with how this was let? Just yes or no. MS. KINZEL: No, no. It should have gone through purchasing, and it should have gone through an appropriate process. I don't think there's anything illegal about it, but it is not common practice or process that we would like to see in a controlled environment. But, you know, as I said, they've committed moving forward to work through these, and we've also indicated to Jack that we will be looking at additional documentation since these are out of the country and a little bit different in the scope of what we process for payment. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Leo, it has been identified to the TDC that this was outside the purchasing policy. Is this going to be the norm going forward? Page 221 December 10-11, 2013 MR. OCHS: Well, no, sir. Absolutely not. COMMISSIONER HENNING: Okay. As far as managing this particular agreement or contract, is it going to go through the normal process for payment? MR. OCHS: Yes. MR. WERT: Oh, yes. MR. OCHS: Absolutely. COMMISSIONER HENNING: Okay. That's all. CHAIRWOMAN HILLER: I'm just curious. How many tourists from Brazil do you expect to attract? What's your target number? MR. WERT: It's really hard to tell. It's going to take a while to -- we're basically starting from ground zero, because we don't get too many. I would anticipate that the first year, I think we can probably get in the area of between 40 and 50,000 visitors to come to our area. CHAIRWOMAN HILLER: From Brazil? MR. WERT: Yeah. CHAIRWOMAN HILLER: That's a lot. MR. WERT: I think that's possible that we can get -- because we can work with tour operators, and they'll bring groups, and they'll bring busloads of people on shopping visits and so forth. And obviously the whole idea is that you spend multiple days here. The other thing that's interesting about the Brazilians, and really South Americans in general -- and, Commissioner Nance, you know this, too, from your experience down in South America. Once they get a good feeling about something, they tell everybody. They tell all of their friends. And I think the word of mouth is really going to help us a lot. So we aren't anticipating spending media dollars down there. That's not the point. We're going to be meeting -- this is face-to-face selling. That's what this is all about. CHAIRWOMAN HILLER: Okay. It's a direct sell to the agents. MR. WERT: Yes, it absolutely is. Page 222 December 10-11, 2013 CHAIRWOMAN HILLER: Well, that's great. It would be really great if you could come back and report to us this time next year -- MR. WERT: I will. CHAIRWOMAN HILLER: -- and let us know, you know, if there was the return that you anticipated, because that's a large number. MR. WERT: It is, but it is also a very large country. CHAIRWOMAN HILLER: Oh, no doubt. But, I mean, expecting, you know, 50,000 tourists on a $50,000 investment is -- MR. WERT: Yeah, we'll see. CHAIRWOMAN HILLER: -- hopefully a very positive -- MR. WERT: Maybe two years, but -- CHAIRWOMAN HILLER: No, no, no, no, no. You said a year. Come back next year. Same time -- what do they say, same bat time, same bat channel? MR. WERT: Got it. CHAIRWOMAN HILLER: Okay. No, that sounds very cool. I think it would be very good. Commissioner Nance? COMMISSIONER NANCE: Yes. I'm quite certain you're going to find that relationships from Brazil are very personal and very -- you have to have a very close relationship with people before you're going to get very far. I think that you would probably find an outreach to Chile would be very effective for Collier County. Chile's very conservative, very European, and very much also a relationship market. I wouldn't be surprised if you had a very hard time dealing with businesses in Brazil on the traditional RFPs that we use in this country. So, you know, I'm aware -- correct me if I'm wrong, that you had -- you had arranged to spend $50,000 on your Brazilian effort this year, and what you are attempting to do through this selection process Page 223 December 10-11, 2013 is determine how much you could get for $50,000. That's a little bit different than going in with specific requests for specific services and expecting that to come back and check out and add up to a hundred. So I don't know if our purchasing policy contemplates that sort of thing, but I suggest to you that we're going to have to include something in our manual to deal with things like this, particularly if you're going to reach out to nations where they don't function that way MR. WERT: Right. COMMISSIONER NANCE: -- in order to find some accommodation and some comfort for the clerk. MR. WERT: Understood, understood. CHAIRWOMAN HILLER: Thank you. There being no further discussion, do we have a motion, actually? Do we have a motion? COMMISSIONER HENNING: No. CHAIRWOMAN HILLER: May I have a motion? COMMISSIONER FIALA: I'll make a motion to approve the selection and the contract of AVIAREPS; is that how you say it -- MR. WERT: That's it. COMMISSIONER FIALA: -- tourism representation services in Brazil. CHAIRWOMAN HILLER: Do I have a second? COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Thank you. We have a motion and a second and no further discussion. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? Page 224 December 10-11, 2013 (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. MR. WERT: Thank you so much, Commissioners. CHAIRWOMAN HILLER: At 5: 15 we have a time-certain, Leo. I don't want you to forget that. MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: What's 5:15? CHAIRWOMAN HILLER: 5: 15? Let me tell you whose birthday it is. And, actually, you know, I was really remiss. I didn't realize how many December babies we have. Nick Casalanguida, December 2; Leo Ochs, December 8; Mike Sheffield, December 1 ; Jamie French, December 9; and Bill Fas -- MR. MILLER: Fassold. CHAIRWOMAN HILLER: Fas -- how do you pronounce that? MR. FASSOLD: Fassold. CHAIRWOMAN HILLER: Fassold, December 27th. That's very cool. COMMISSIONER NANCE: And yourself on the 18th. CHAIRWOMAN HILLER: Yeah, but mine doesn't count. Because, unlike Bill, I do not believe in premature aging. So -- and anyway, I'm the one throwing the party, right, so -- COMMISSIONER NANCE: We're going to have to examine this for self-interest purposes. CHAIRWOMAN HILLER: Self-dealing, there you go. Oh, my goodness. What's this? Oh, this is all in preparation. Oh, look at that. COMMISSIONER FIALA: Isn't that cute? COMMISSIONER COYLE: Did you bake the cake? CHAIRWOMAN HILLER: Oh, listen, are you kidding? I'm lucky if there's food in my fridge. And we have invited all county staff, and I hope Mike Sheffield sent out that announcement because -- COMMISSIONER NANCE: Mr. Camp had made sure there's no files in the cake? Page 225 December 10-11, 2013 CHAIRWOMAN HILLER: That is great. Oh, we still have five minutes, Leo. MR. OCHS: Yes, we do. CHAIRWOMAN HILLER: I mean, so -- COMMISSIONER FIALA: Where's everybody else? CHAIRWOMAN HILLER: Wait, wait, wait. COMMISSIONER FIALA: Where are the birthday people? Where's Jamie French? CHAIRWOMAN HILLER: It's not time-certain yet. We need everybody here first. COMMISSIONER FIALA: There he is. Okay. MR. OCHS: Commissioners, if we could maybe take a couple of these ones that I think we can move rather quickly. CHAIRWOMAN HILLER: Yes. Item #1 l E RESOLUTION 2013-294: A RESOLUTION AUTHORIZING CONDEMNATION OF THOSE PERPETUAL AND TEMPORARY EASEMENT INTERESTS NECESSARY FOR CONSTRUCTION OF A REPLACEMENT BRIDGE ON 28TH AVENUE SOUTHEAST OVER MILLER CANAL. ESTIMATED FISCAL IMPACT: $32,200 — ADOPTED MR. OCHS: I would like to move to 11E with the board's indulgence. It's a recommendation to adopt a resolution authorizing the condemnation of those perpetual and temporary easement interests necessary for the construction of a replacement bridge on 28th Avenue Southeast over the Miller Canal. Estimated fiscal impact, $32,200. Mr. Jay Ahmad, your Transportation Engineering Director, probably has to get a few things on the record. CHAIRWOMAN HILLER: Yes, please. Page 226 December 10-11, 2013 MR. AHMAD: Yes, sir. Good afternoon. I'm Jay Ahmad, for the record, your Director of Transportation Engineering. I have a presentation here. The slide here shows the location of this project. It's the 28th Street or Avenue replacement bridge and, essentially, it's in the south area of Golden Gate Estates. I-75 is to the bottom of the page. This is -- just to get you acquainted -- Everglades Boulevard runs north/south, and our bridge on 28th Avenue right here. A little bit about the project. It's -- today there are three large culverts, and we're replacing those culverts with a bridge over Miller Canal. COMMISSIONER COYLE: Isn't this in the packet? MR. AHMAD: Yes, sir. COMMISSIONER COYLE: I've read it. CHAIRWOMAN HILLER: What do you have to get on the record, Jay? We don't -- MR. AHMAD: I have to get on the record this. MR. OCHS: That's what I was talking about. MR. AHMAD: If you -- before you act on this, please consider those five factors on the slide, and they are -- there is a technical memorandum in your packet that considers those items. If you're comfortable, please vote to -- COMMISSIONER COYLE: Motion to approve. MR. AHMAD: -- condemn those properties. COMMISSIONER FIALA: Second. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: I have a motion from Commissioner Coyle and a second from Commissioner Nance. Any questions from the board? (No response.) CHAIRWOMAN HILLER: No public speakers? No further Page 227 December 10-11, 2013 discussion? COMMISSIONER NANCE: This is a great project. It's supported by a grant from South Florida Water Management District in the amount of$575,000. It's a great project, and we need to do it to move water down south. CHAIRWOMAN HILLER: So all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. Item #11F RESOLUTION 2013-295: A RESOLUTION AMENDING RESOLUTION NO. 2008-353, AS AMENDED AND SUPPLEMENTED BY RESOLUTION NO. 2011-190, TO FURTHER SUPPLEMENT AUTHORIZATION OF THE CONDEMNATION OF LAND AND EASEMENTS NECESSARY FOR CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR EXPANSION OF COLLIER BOULEVARD FROM FOUR LANES TO SIX LANES FROM GREEN BOULEVARD TO GOLDEN GATE BOULEVARD, INCLUDING PORTIONS EAST ON WHITE BOULEVARD AND WEST ON PINE RIDGE ROAD (PROJECT #68056) ESTIMATED FISCAL IMPACT: $395,000 — ADOPTED MR. OCHS: Commissioners, if we might then go to 11F, it's a recommendation to adopt a resolution amending Resolution No. Page 228 December 10-11, 2013 2008-353 as amended, and supplemented by Resolution No. 2011-190 in order to further supplement the authorization of the condemnation of land and easements necessary for the construction of roadway, drainage, and utility improvements required for the expansion of Collier Boulevard from four lanes to six lanes, from Green Boulevard to Golden Gate Boulevard, including portions east on White Boulevard and west on Pine Ridge Road. And Ms. Marlene Messam, your Senior Project Manager, also will want to be on the record with some very specific items for the board. CHAIRWOMAN HILLER: Could you please, Marlene, speak specifically to what has to be on the record. As Commissioner Coyle properly pointed out, we do have all this backup material. MS. MESSAM: Good afternoon. My name is Marlene Messam, for the record. And specifically to this item, I do have a presentation, but it's very similar to the item you just saw. The five factors that clearly should be reflected in your decision are the possibility of alternative locations or alignments; the cost of competing alternatives; public health, safety, and welfare; long-range transportation planning; and environmental impacts. Those are the five key factors that must be considered. CHAIRWOMAN HILLER: Thank you. MR. OCHS: And the recommendation is? MS. MESSAM: And we're recommending that you approve this resolution. COMMISSIONER HENNING: Move to approve based upon the factors presented by staff. COMMISSIONER NANCE: Second. COMMISSIONER COYLE: Second. CHAIRWOMAN HILLER: I have a motion from Commissioner Henning and a second by Commissioner Coyle. Page 229 December 10-11, 2013 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. MS. MESSAM: Thank you, Commissioners. CHAIRWOMAN HILLER: We have one minute. Hey, listen. We live by the clock, right? MR. OCHS: Well, let's see. What have we got? If we could go to 11H. CHAIRWOMAN HILLER: Yeah. Item #11H CONFIRMING THE APPOINTMENT OF MR. STEPHEN Y. CARNELL TO THE POSITION OF PUBLIC SERVICES DIVISION ADMINISTRATOR — APPROVED MR. OCHS: Commissioners, that's a -- 11H is a recommendation to confirm the appointment of Mr. Steve Carnell to the position of Public Services Division Administrator. Commissioners, as you know, the County Manager's Ordinance requires that the board confirm the recommended appointments by the County Manager to Division Administrator positions. Mr. Carnell has served the county since 1985, and he's served as the interim public services administrator for the past 21 months, and he's done a very great job pulling that organization together, in my Page 230 December 10-11, 2013 opinion. I wholeheartedly endorse his appointment, and I would ask for the board's endorsement in confirmation of Mr. Carrell as our Public Services Administrator. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: I have a motion and a second. Do I have 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. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries 4-1. MR. OCHS: Thank you, Commissioners. That takes us to 5: 16, Madam Chair, your time-certain. CHAIRWOMAN HILLER: Oh. Well, we're over then. We have to stop. And this is really the end of today's meeting. And I know that 5:30 is the time we said the meeting was going to be over, but I wanted to reserve the last 15 minutes to really recognize our county manager and staff who have done an exceptional job. And using a birthday as an excuse to do that is a great way to sort of kick off the holidays. I did this last year. I was guilty. And I did it the year before, guilty again. And so, yeah -- and just so you know, that cake is not bought with public funds FYI, just for the record, nor are the "Happy Birthday" balloons. And, yeah, you guys are aging, so they are black, yeah. Page 231 December 10-11, 2013 So we want to wish you a very Happy Birthday. And staff has done an outstanding job. And, again, let me just read. Nick, Happy Birthday. MR. CASALANGUIDA: Thank you. CHAIRWOMAN HILLER: If you want to tell us your age, you can do so. Of course, you don't have to if you don't want to. MR. CASALANGUIDA: Twenty-one. CHAIRWOMAN HILLER: Leo, we know how old you are, because I know when you're going to retire, so I have it all mapped out in my head. Mike Sheffield, Mike, Happy Birthday. You can come up here, right. You're all going to come up here and cut the cake. And then Jamie French. Jamie? Yeah. COMMISSIONER FIALA: He's hiding behind there. CHAIRWOMAN HILLER: Yeah. You can't hide, sorry. MR. FRENCH: Thirty-nine. CHAIRWOMAN HILLER: You can run, but you can't hide. And, Bill, we know where to find you every second Tuesday and fourth Tuesday of the month every single month. So thank you for all you do for the county. COMMISSIONER NANCE: Without all these aforementioned births, we would not be able to function as we do today. CHAIRWOMAN HILLER: Exactly, exactly. But for them having been born, it just -- like, these meetings would not be as good as they are. COMMISSIONER NANCE: It has enabled us and brought us to this day, for better or for worse. CHAIRWOMAN HILLER: Exactly. You got it. For better or worse. MR. OCHS: That's very kind of you. Thank you. CHAIRWOMAN HILLER: So could you all stand -- well, first of all, we need the candles lit and, security, do not have a heart attack. Page 232 December 10-11, 2013 COMMISSIONER COYLE: Do you want a report on speak time while we're waiting? CHAIRWOMAN HILLER: On speaking time? No. No, I do not. Give me that ball. COMMISSIONER COYLE: You took up two hours and 45 minutes on speaking time. CHAIRWOMAN HILLER: Great. I'm so glad. Can you pass me that ball. COMMISSIONER COYLE: And the next person was way down there, Commissioner Nance at 30 minutes; Commissioner Henning was 22 minutes; I was 20 minutes, and Commissioner Fiala was 15 minutes. CHAIRWOMAN HILLER: Well, I have to tell you -- you know what they say about girls? They have the gift of gab. COMMISSIONER COYLE: Two hours and 45 minutes; that's more than all the presentations and public comments for the entire meeting. CHAIRWOMAN HILLER: If I crossed out your name, would you be offended? Would you be offended if I just, like, squiggled through it and just put my name over it? (Happy Birthday was sung in unison.) COMMISSIONER FIALA: Are we adjourned? CHAIRWOMAN HILLER: Yeah, you're adjourned. ***Day 1 Concluded*** Page 233 December 10-11, 2013 TRANSCRIPT OF THE CONTINUED MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida December 11, 2013 (Day 2) LET IT BE REMEMBERED, that the Collier County Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in CONTINUED 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 E. Ochs, Jr., County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Finance Director Tim Durham, Business Operations Manager Troy Miller, Communications & Customer Relations Manager Page 234 December 10-11, 2013 MR. OCHS: Madam Chair, you have a live mic. CHAIRWOMAN HILLER: Thank you. Welcome back to day two of our December board meeting. We'll start with item — Item #11C (12/11/2013) AWARD CONTRACT NO. 13-6138 - LELY AREA STORMWATER IMPROVEMENT PROJECT (LASIP), DAVIS BOULEVARD WEIR AND CANAL IMPROVEMENTS TO D. N. HIGGINS, INC., IN THE AMOUNT OF $1,764,929 PLUS A 10% CONTINGENCY OF $176,492.90 ON THE PURCHASE ORDER FOR A TOTAL OF $1,941,421 .90, PROJECT NO. 51101 — MOTION TO APPROVE STAFF'S RECOMMENDATION FOR A TOTAL OF $1,941,421 .90 APPROVED MR. OCHS: 11 .C, Commissioner. CHAIRWOMAN HILLER: -- 11 .C. MR. OCHS: And that is a recommendation to award Contract No. 13-6138, the Lely Area Stormwater Improvement Project. This is the Davis Boulevard Weir and Canal Improvement. And this recommendation is to award the D.N. Higgins, Incorporated in the amount of$1,764,929, plus a 10 percent contingency of$176,492.90 on the purchase order for a total of$1,941,421 .90. Project No. 51101 . Mr. Jay Ahmad, your Transportation Engineering Director, will present. MR. AHMAD: Good morning, Madam Chair, Commissioners. I'm Jay Ahmad, your Director of Transportation Engineering, for the record. I have a presentation, if you wish to see it, or I can answer questions if you have any. COMMISSIONER FIALA: I just have something to ask -- or to Page 235 December 10-11, 2013 say, Jay. You had it all explained very clearly in your paperwork so I don't think we need to go through that. And I thought it was commendable that you guys found that this erosion restoration company did not have the background or the expertise to do that, even though they were the lowest bidder. And as you said during this thing also, there could have been some real problems, you know, with change orders and things like that. So I make a motion to approve the Davis Boulevard Weir and Stormwater Improvement Project, and to award the contract to D.N. Higgins for $1,764,929. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: I have a motion and a second. There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. AHMAD: Thank you. MS. KINZEL: Excuse me, Commissioners, just if you want to include the contingency of the 10 percent, that would be the one million-nine figure, wouldn't it, Jay? MR. AHMAD: Yes, ma'am. MS. KINZEL: And they just put on the record the 1 .7 million. And I think you would like the 1 .9. COMMISSIONER FIALA: Thank you, Crystal. Yeah. MS. KINZEL: Okay, thanks. COMMISSIONER FIALA: Do I need to adjust that motion to add the 10 percent? MS. KINZEL: If that's the Board's desire, but -- COMMISSIONER FIALA: Sure. MS. KINZEL: I think that was Jay's recommendation, so I want Page 236 December 10-11, 2013 to get the right amount on the record so I can pay it. MR. AHMAD: Thank you, Crystal. It is in the executive summary. And you're correct. CHAIRWOMAN HILLER: So we're striking -- we're going to strike the last vote, I'm going to retake the vote. Can you state your -- COMMISSIONER FIALA: Yes. CHAIRWOMAN HILLER: -- motion as amended. COMMISSIONER FIALA: Okay, I'd like to recommend awarding the contract for the Davis Boulevard Weir and Stormwater Improvement Project to D.N. Higgins in the amount of$1,764,921 plus a 10 percent contingency on the purchase ordinance. COMMISSIONER NANCE: Second. COMMISSIONER FIALA: Good, Crystal? MS. KINZEL: As recommended by staff. COMMISSIONER FIALA: As recommended by staff. Thank you. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: We have a motion and a second. All in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. Motion carries unanimously. Item #11D (12/11/2013) AWARDING INVITATION TO BID #13-6161, ASR WELL 2, IN THE AMOUNT OF $2,630,640 TO DOUGLAS N. HIGGINS, INC., AND, AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $2,030,640 FOR THE LIVINGSTON ROAD Page 237 December 10-11, 2013 IRRIGATION QUALITY WATER AQUIFER STORAGE AND RECOVERY WELL BELOW USDW PHASE 2, PROJECT #74030 — APPROVED MR. OCHS: Commissioners, that takes us to 11 .D. It's a recommendation to award Invitation to Bid 13-6161, ASR well number two in the amount of$2,630,640 to Douglas N. Higgins, Incorporated and authorize a budget amendment in the amount of $2,030,640 for the Livingston Road Irrigation Quality Water Aquifer Storage and Recovery Well. And Mr. Tom Chmelik, your Planning and Project Management Director in Public Utilities, will present. MR. CHMELIK: Commissioners, Tom Chmelik, for the record. I too have a presentation, if you'd like, or I'm here to answer any questions you may have. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Good morning, Tom. We had some failures on -- maybe not the same area on Livingston Road for ASR wells. I believe it was last year we awarded a contract to -- MR. CHMELIK: Yes, we did. COMMISSIONER HENNING: How is that? Is that in the same proximity as this one? MR. CHMELIK: Yes, it is. It's at the same on Livingston Road. It's for well number one. And the construction of that project is actually complete. And we're about to enter cycle testing, and that's a process that takes three to 12 months to cycle the well and develop the bubble of supply water that we'll later draw from. COMMISSIONER HENNING: And I'm assuming that things are going good with that? MR. CHMELIK: Yes, the results are very encouraging, and that's why we're moving forward with well number two at this time. Page 238 December 10-11, 2013 COMMISSIONER HENNING: Okay. Well, it was just an assumption on my part. I know that you're (sic) don't want to repeat what we did with the others on the north end of Livingston. I believe that's what it was. So I'm going to make a motion to approve. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: I have a motion and a second. Commissioner Nance, you have a comment? COMMISSIONER NANCE: Yes. I would just like to lend my complete support to the ASR well program in general. I think it's probably among the most important long-term infrastructure programs that we can support at the county and I would really hope that in the future we can even put more emphasis on this. And the reason is that we have a continued need for freshwater resources, and we also have a continued need to divert freshwater during our peak rainy season to avoid downstream impacts. And certainly I think we've got some options, particularly in the eastern part of the county, to intercept some of this water before it gets downstream and causes impacts that it's much more difficult to mediate. So I lend my complete support and hope that as we go forward in our budget process we put -- we review the opportunities to put even -- to advance this ASR well program. MR. OCHS: Commissioner, I appreciate your comments very much on that. In fact, while we have just a minute, Tom, if you could take two minutes and just explain the total program for this particular wellfield. MR. CHMELIK: Certainly. Thank you for the opportunity. This site was developed for five wells total. And again, we have taken the first well, drilled it deeper. That's complete. This is the second well. And all together that will provide about 375 million gallons of storage annually. So if you were to replicate that above the Page 239 December 10-11, 2013 ground, that would -- in storage tanks it would cost 180, $200 million to do that, if you had the real estate. So it's a great opportunity and a great value here. And in total, we'll be able to provide about five million gallons a day during periods of dry season after the water's been accumulated during the wet season, of course. COMMISSIONER NANCE: Well, you know, it's just not commonly understood by the public. People think you can store water in lakes. Well, you know, at our peak high water season, the only water that you can store is incrementally above the high water table, which is a very, very small amount, even on a -- you know, if you take a lake that's a section of land, a square mile, you're not storing any amount of water. So, you know, I have spoken to Dr. Yilmez about this, and I think there are some other opportunities in the eastern part of the county where we can look into the development and opportunities for ASR wells in areas adjacent to other flow ways, water -- surface water management areas and so on and so forth to even maxi -- you know, maximize our opportunity. So thank you for doing what you do. I think it's very forward thinking and I think we're going to really reap the benefits of this. Every dollar we spend here are dozens and dozens of benefits and millions of dollars that we're going to reap over time. CHAIRWOMAN HILLER: I'd like to make a comment. When I was first elected, I too recognized the importance of the ASR wells. And in fact what happened under the previous county management, the ASR well program effectively was suspended and there were problems. And one of the things that I did is I sat down with Dr. George and with staff and with Leo and emphasized the importance of advancing that program. And what you're bringing forward today is exactly that advancement. So I'm delighted to see that you are promoting this Page 240 December 10-11, 2013 program in the fashion that you are and, you know, continue to emphasize it. So thank you, Dr. George. We worked very closely on that. And I appreciate you, you know, leading the initiative and turning it into a reality. MR. OCHS: Thank you. COMMISSIONER FIALA: Just one last thing. It's a good thing that the recession is over so we don't have to suspend it any longer, right? CHAIRWOMAN HILLER: It had nothing to do with that, actually. COMMISSIONER FIALA: Well, let me say just for the audience, would you tell them what an ASR is, please? MR. CHMELIK: Aquifer storage and recovery well. COMMISSIONER FIALA: Means? MR. CHMELIK: It's an aquifer underground and we store water there during the wet season when we have excess water, and then we recover it during periods of high demand and low rainfall. COMMISSIONER FIALA: But it isn't freshwater, right? Or is it? MR. CHMELIK: It's -- COMMISSIONER FIALA: IQ water? MR. CHMELIK: It's IQ and it's surface water as we started, so -- COMMISSIONER FIALA: Thank you. I just thought people -- it would be nice if they knew what we were talking about. CHAIRWOMAN HILLER: Yeah, absolutely. You make a good point. MR. CHMELIK: Very good. CHAIRWOMAN HILLER: And that's something that should be done every time you present and use technical terms. I think if staff could always, you know, give the definition, make the assumption that nobody knows and that way we're sure everybody knows. Page 241 December 10-11, 2013 COMMISSIONER NANCE: The acronyms are terrible. CHAIRWOMAN HILLER: Yeah. (At which time, Commissioner Coyle enters the boardroom.) COMMISSIONER FIALA: But we all use them, isn't that the truth? MR. OCHS: Sure do. CHAIRWOMAN HILLER: Absolutely. MR. CHMELIK: Commissioners, thank you very much for your guidance and support. CHAIRWOMAN HILLER: Commissioner Coyle -- MR. OCHS: You don't have a vote yet. CHAIRWOMAN HILLER: I just want you to know, Commissioner Coyle, you've been covered. COMMISSIONER COYLE: I've been covered? CHAIRWOMAN HILLER: Well, you had cover while you were gone, so nothing here -- COMMISSIONER COYLE: Well, that's good. CHAIRWOMAN HILLER: Your district. COMMISSIONER FIALA: And he voted right and everything. CHAIRWOMAN HILLER: Yeah, on every issue. COMMISSIONER COYLE: Really? CHAIRWOMAN HILLER: Yeah, without a problem. So I just want you to know -- how dare you. That's animal cruelty. Stop. MR. OCHS: All right, so do we have -- I think we have a motion and a second but I don't think we had a vote here. CHAIRWOMAN HILLER: Do we have a motion? Who made the motion? COMMISSIONER HENNING: I did. CHAIRWOMAN HILLER: Okay, motion by Commissioner Henning, second by -- COMMISSIONER NANCE: Commissioner Fiala. CHAIRWOMAN HILLER: Commissioner Fiala. Page 242 December 10-11, 2013 There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #11I (12/11/2013) THE BOARD TO CONSIDER A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COMMUNITY FOUNDATION OF COLLIER COUNTY (CFCC) TO CLARIFY CFCC AND COUNTY ROLES REGARDING ACCEPTANCE OF DONATIONS FROM THE CFCC FOR THE CONSTRUCTION OF ARTIFICIAL REEFS — APPROVED MR. OCHS: Commissioners, the next item is 11 .I on your agenda. It was moved from your consent agenda at staffs request. It was previously 16.A.25. And this is a recommendation for the Board to consider a Memorandum of Understanding with the Community Foundation of Collier County to clarify Community Foundation and county rolls regarding the acceptance of donations from the Foundation for the construction of artificial reefs. And Mr. Lorenz is here to make a brief presentation. MR. LORENZ: Yes, thank you, Leo. Bill Lorenz, Natural Resources Director. The objective here is to consider a Memorandum of Understanding with the Community Foundation of Collier County. This MOU would essentially provide the authorization for the Foundation, provide donations to the county's artificial reef program. In previous executive summaries we've provided to the Board the Page 243 December 10-11, 2013 mechanism by which like all donations we would receive we would recognize the donation, recognize the revenue, place it into a restricted account, and then in this particular situation for the Artificial Reef Program, if the donation was $100,000 or more, the Community Foundation would make a recommendation for the naming of a particular reef, which then the Board could accept through that executive summary. Essentially that's the gist of the Memorandum of Understanding. And there are representatives here from the Community Foundation that can speak to it further. CHAIRWOMAN HILLER: Thank you. Does any Board member have any comments on this? COMMISSIONER FIALA: No, I think this is a great project. And it's another needed project. And so I'd like to make a motion to approve. CHAIRWOMAN HILLER: I actually would like to comment. The structure that's being proposed doesn't work. It doesn't work legally. There is a -- there's absolutely no problem with the county being presented with donations. And if the Community Foundation, acting on behalf of the individuals who are organizing the solicitation and collection of the donations, wants to take responsibility to manage those funds and then present those funds to the Board for acceptance and then the Board accepts it into the general fund and then votes secondarily as to how the proceeds will be used, that's fine. We do not need a Memorandum of Understanding. That contract does pose legal problems and we shouldn't be doing this. So the project is great. The fact that the Foundation will be collecting the funds on behalf of the organizers and submitting it to the county is fine. We simply do not need that Memorandum of Understanding. So that should not be accepted. And it's as simple as that. So we go forward without the MOU and we're good. Commissioner Henning? Page 244 December 10-11, 2013 COMMISSIONER HENNING: Yeah, I met with the County Attorney and he didn't see any legal problem with it. So I'm really trying to understand. CHAIRWOMAN HILLER: Yeah, there -- well, County Attorney, I don't see where you don't see a legal problem with it. Have you read the agreement? I mean, there are provisions in there that -- well, let me just -- COMMISSIONER HENNING: He wrote it. MR. KLATZKOW: Let me just say this. CHAIRWOMAN HILLER: And I'm not -- MR. KLATZKOW: Let me just say this -- CHAIRWOMAN HILLER: I'm not saying -- I know you've read the agreement, but you understand my point -- MR. KLATZKOW: Let me just say this -- CHAIRWOMAN HILLER: There are provisions in that agreement which are really unacceptable. MR. KLATZKOW: Okay. There's law and there's policy. Whether you think this is a good policy decision for you to enter into this is a fair debate. This is not a staff recommendation that we do this and it is not a County Attorney recommendation that we do this, all right. I don't have an issue with entering into this memorandum from a legal standpoint. I understand that there are policy considerations. The Clerk has raised some of them. I understand them -- CHAIRWOMAN HILLER: He's actually raised legal considerations. But he is not -- it's not his jurisdiction, it's the Division of Agricultural, Department of-- MR. KLATZKOW: From a policy standpoint, okay, I don't know that you need this MOU in order for the program to go on. The people who are pushing this program seem to feel this is important to them. It's okay by me. I put in a clause there saying that if we're not happy with it we can on written notice end it. Page 245 December 10-11, 2013 CHAIRWOMAN HILLER: There is a provision -- MR. KLATZKOW: Having said that, it's pure policy, ma'am. CHAIRWOMAN HILLER: No, no. And I'll say this: If you -- I've spoken to the Clerk about it as well. And if you look in -- look at some of the provisions in that MOU. I mean, I don't have it in front of me, I didn't -- COMMISSIONER HENNING: Well, if I can continue. I also spoke to the Clerk. He doesn't have an issue with it. And what he told me, it was policy. So I asked the County Attorney -- or County Manager to put it back on the agenda. County Manager has spoken to the Community Foundation, I believe it was Linda? MR. OCHS: Actually, it was Eileen Keesler, Commissioner, who's the CEO of the Community Foundation. I asked her why she felt this was necessary. She said, you know, to paraphrase her, that this will give some assurance to the donors that this project will move forward and their money will be used for the intent for which it was donated. In other words, once they make a donation to the Community Foundation and they get a tax deduction, it's irrevocable in terms of the foundation. They don't get their money back if you don't do this project. They'll have to earmark it for some other charitable use. So her statement to me was this is something that they do fairly routinely with other clients, so it assures -- or tries to give some assurance to the people that are donating the money for a specific project that it will in fact be used for that project. You know, again, I'm with Jeff, this is a policy issue. I don't have a strong staff position one way or the other. We have a mechanism that's established to accept donations of private funds into county dedicated reserve funds. But this seems to be another mechanism that the Foundation would like to use on behalf of their donors. That's the explanation I was given, sir. CHAIRWOMAN HILLER: Let me -- Page 246 December 10-11, 2013 COMMISSIONER NANCE: I'd like to say -- CHAIRWOMAN HILLER: I would let you speak in a moment, Commissioner Nance, but I have to interject, because I'm in the middle of a discussion with Commissioner Henning and the County Attorney. When I talk about legality, I talk about I'm addressing some of the terms, the legality of the terms. And granted, County Attorney, I understand your angle as to policy, but some of these terms are unfavorable to us. Like for example it says expressly the Foundation can modify any restriction or condition on the distribution of funds for any specified charitable purpose or to specified organizations if in the sole judgment of the board, et cetera. You know, without the necessity of the approval of any participating trustee, custodian or agent? I mean, that's just an unacceptable provision. I mean, those -- and you can call that policy, if you like. I call that a legal term and a legal contract that is absolutely problematic. And again, we can get this done. You know, we have a County Attorney who says not necessary, don't do it. You know, we have a County Manager who says not necessary, don't do it. We have state statute that provides how donations are accepted by the county. There is nothing wrong with us accepting the donations and doing it as provided by statute and not introducing this Memorandum of Understanding to get it done. It will only cause problems. That provision alone is something I find unacceptable. COMMISSIONER FIALA: But the Clerk finds it acceptable? CHAIRWOMAN HILLER: Not to my understanding. But again, he does not -- he is not taking a position on this, because he is -- it is not his jurisdiction. But he's talking from a different angle, not from the Clerk's angle but from the perspective of how this could be fraught with legal problems as a consequence of oversight by other Page 247 December 10-11, 2013 agencies. So he's not -- you know, he's not taking a position on it from the -- from the office of the Clerk. But I did speak to him about it and the problems inherent in this arrangement. So again, there is no need for this MOU. We can get this done, we can accept these donations from the Foundation or from other donors directly. Because there might be donors, there might be citizens in the community who don't want to go through the Foundation or through whoever is attempting to fundraise and can, you know, donate directly here. There might be a citizen out there who, you know, right now wants to donate 100,000 and get a reef named. They can stand in your position, Mr. Lorenz, and say members of the Board, please accept 100,000. What we do is we vote as a Board to accept it into the general fund and then we make a designation again by vote as to it being earmarked for that project. And naming, you know, the reef in honor of the generous donor. So -- and that's the mechanism. It's very simple. And then the project goes forward and everybody's happy. Commissioner Nance? COMMISSIONER NANCE: Yes, I don't -- I do sincerely support the creation of 501c3 entities to help with these projects. I believe had the Freedom Memorial had that early on, I believe that we would have been much more successful in receiving large tax deductible donations that, you know, have been a problem for people. However, I understand the reservations on this. I don't really have any reservations based on a legal basis that I see because this 501c3 can collect money and distribute it, and they do so strictly by their bylaws. If their bylaws have all sorts of qualifications, the donors that write them a check have to agree with those qualifications. And yes, this Memorandum of Understanding elucidates -- you know, it outlines some of those. I don't particularly like them either and I agree that it's not necessary for us to receive the money. It's problematic to me because the one line in the executive Page 248 December 10-11, 2013 summary that gives me pause is, it says that it's a referenced document for fundraising activity. And what it does is I believe it creates a perception with the donors that somehow the county has responsibility and oversight over this when in fact we don't enjoy that and are not looking for that. So I don't think this is necessary. I fully support it. I wouldn't mind putting out a letter saying that we would love to name reefs after generous donors, but it falls short of me being able to support this memorandum. CHAIRWOMAN HILLER: I agree. And I think Commissioner Nance, your comments are right on point. I applaud you for the remarks you just made. Commissioner Fiala? COMMISSIONER FIALA: Yes, I think we're also making it extremely difficult for our general citizens who would like to help the county in some way or another but who prefer not to donate to us directly because it's so cumbersome, they would prefer to donate to the Community Foundation and then have them in one name, if they will, just in the Community Foundation name, donate to the county. These donations to the county, by the way -- and there are some, like for instance, the Winter Wine Festival, will not donate anything to the county. I had them in my office and they said just that, we do not donate to the county. Now, if we want to accept donations to help us, whether it be playground equipment or books for the library or maybe a -- something to add to our museums and they want to do it through the Community Foundation, we ought to be happy that we're receiving that, because it saves the taxpayers many, many dollars. And if there must be a mechanism -- you know, conversations like this are going to put a black eye on the county for receiving donations. And if we don't get them, then we either don't ever have them or we pay for it out of taxpayer dollars. Page 249 December 10-11, 2013 And if the Clerk is okay with this, if the County Manager is okay with this, if the County Attorney is okay with this, and if our people were okay with this, I have a problem understanding what's wrong here. I think that from what I can see here, everybody has gone through -- jumped through every hoop that they've been asked to jump through, they've met every requirement they were supposed to and now they're saying no, we don't want your donation. Well, is that really what we want to say? We'd better be coming up with a policy pretty soon about accepting donations from places like the Community Foundation. CHAIRWOMAN HILLER: Commissioner Fiala, there is nothing that stops the Community Foundation from donating to the county. This Memorandum of Understanding is not necessary to achieve that. No one is saying that donors can't donate to the Community Foundation and the Community Foundation can't donate to us. That is not the issue at all. The issue is pure and simple, that this Memorandum of Understanding is both unnecessary and includes provisions that are not favorable to the county. COMMISSIONER FIALA: Excuse me then. What would you say needs to be done in order for us to accept? CHAIRWOMAN HILLER: We don't need -- COMMISSIONER FIALA: And if we don't have a Memorandum of Understanding, which they were told they had to do, if we don't have a Memorandum of Understanding, do we just accept it without anything? Are we saying, and I'm trying to figure out what you're really saying here, are we saying okay, if the Community Foundation wants to donate to the reef we'll accept it with no paperwork or background information whatsoever? CHAIRWOMAN HILLER: We don't -- any donation -- if the Community Foundation wants to donate to the Board of County Corn Page 250 December 10-11, 2013 -- not to the Board but to the county, they can. Just like any citizen can. Very simply, very directly. It's not complicated. If anybody -- like let's say someone wants to donate to the Holocaust Museum and the Holocaust Museum in turn at the request of the donor is going to provide that money to the county as a donation for, say, an exhibit on the Second World War in one of our museums, not a problem. We don't need a Memorandum of Understanding with the Holocaust Museum for us to accept that donation. COMMISSIONER FIALA: So in other words -- now let me just make sure I understand what you just said. So in other words, if we tear this thing up -- CHAIRWOMAN HILLER: They can just donate it to us. COMMISSIONER FIALA: -- will the Community Foundation still be covered with whatever they need to have done? MR. KLATZKOW: Yes. My opinion, okay. It was their opinion that the fundraising efforts, this would be beneficial for them. CHAIRWOMAN HILLER: And that's what we're -- MR. KLATZKOW: So there's a legal mechanism that they don't need this. But from a donation mechanism, they find that it's helpful. COMMISSIONER FIALA: I see. CHAIRWOMAN HILLER: But it's -- now they're doing exactly what Commissioner Nance is suggesting they're doing, and that's a problem. That this is being used to lead people to believe that it's the county soliciting the funds. And now if something goes wrong with the solicitation, then we will be as the county held responsible for potentially engaging in illegal solicitation activity, if that were to happen. Like if they have someone who improperly solicits. COMMISSIONER FIALA: Well, if they give the donation to Community Foundation, they write the donation to Community Foundation, the Community Foundation gives them the tax credits for their donations and they only deal with the Community Foundation, Page 251 December 10-11, 2013 how would they think we're soliciting for anything? COMMISSIONER NANCE: Madam Chair, can I make a comment? CHAIRWOMAN HILLER: Yes, absolutely, Commissioner Nance. COMMISSIONER NANCE: Commissioner Fiala, let's take an example. Right now we're talking about the Community Foundation and we're very comfortable with that, because Ms. Flagg is involved with it and we know her and we know everything's genuine. Let's assume that an organization that we don't know anything about is formed and they ask for this same memorandum. And we don't know who they are really, but they say our intention is to donate money to the county. And then people write them a check, because -- and this Memorandum of Understanding from the county encourages people to do so and then they rip the money off. And then they're bad people in there and they misspend the money -- CHAIRWOMAN HILLER: Exactly. COMMISSIONER NANCE: -- and they take it all for administration costs or they end up not giving it to the community at all. COMMISSIONER FIALA: Who, the Community Foundation? COMMISSIONER NANCE: No, no, no. A third entity. Let's say it's Tim Nance's charity. And Tim Nance's charity goes out and collects money and then all -- you don't know Tim Nance and you run out there and Tim Nance collects all this money and I say, oh, I have this Memorandum from the county, like everybody else, and I go and I collect the money and then I go, well, I collected $100,000, but I'm taking a $99,000 administrative fee out of it and I'm giving $100 to the county. COMMISSIONER FIALA: Okay, then what -- COMMISSIONER NANCE: And then people go, now wait a minute, I thought the county had something to do with this. I gave Page 252 December 10-11, 2013 money to Tim Nance's charity under good faith, why is the county not supervising Tim Nance's charity? Well, we really don't supervise any of these charities. CHAIRWOMAN HILLER: We don't have any oversight. COMMISSIONER NANCE: We don't have any oversight. And I'm afraid that this memorandum leads people to believe that we do. CHAIRWOMAN HILLER: It most certainly does. COMMISSIONER FIALA: What is the conclusion then? CHAIRWOMAN HILLER: You just don't need this. You don't need the Memorandum. COMMISSIONER NANCE: It's not necessarily for the charities. They think it's going to be helpful because it lets them suggest that the county is involved where we're really not. CHAIRWOMAN HILLER: Exactly. We are -- COMMISSIONER NANCE: I'm afraid that if we do this for the Community Foundation, then others are going to expect the same treatment and we are setting ourselves up for the public getting disappointed. COMMISSIONER FIALA: So Jeff Klatzkow, if-- you know, I have a real problem with this. But if that's the case and we wouldn't get the votes, because obviously I think differently than them, what can we do to protect the agency, whatever agency it is, to -- now, it won't be Winter Wine Festival because they can't donate to any county or any county facility. But if some agency wants to collect, say the Salvation Army wants to give something to the county, what can we do to protect them and their funders -- their donors? Because as it is, like when the Community Foundation donates this money, I don't think they got it from one person, they probably got it from 50 people and they put it all in one pot. What can we do to protect them and their donors to want to continue to contribute to other important projects within the county? MR. KLATZKOW: There is nothing that stops anyone from Page 253 December 10-11, 2013 contributing anything to the county. And you see these executive summaries. They come to you for acceptance. Anywhere from $20 for trees for hundreds of thousands of dollars. We bring all of them to you so you can see this. So there's transparency out there to give the public some idea what's going on. For your reef program, for example, we've set up a special account through the Clerk's Office. Anyone can donate money to the county; it would come to you on executive summary. At that point in time the Board could say, for example, you know, $100,000 had been given by John Smith for this particular reef, we will name this is the John Smith Reef and it will get done by that mechanism. As far as having a relationship with charities to do this, that's a policy decision with the Board. We're not in the oversight business. The Clerk doesn't do this and we don't do this. So if a charity is doing bad things and using our name improperly, there's nothing we can do about that. Which is why I put in a provision here we can terminate at any point in time. Because if we got feedback that people felt that they were being taken advantage of, we would just end it then and there. But, you know, you have to know who you're dealing with. You may have trust in this particular entity. I don't know. Just like you have trust in the United Way, which is why we have that relationship with the United Way. And it becomes pure policy decision. Do you want to give this charity a little extra special treatment than we give other charities in this county? That's really what it comes down to. COMMISSIONER FIALA: Well, is there then a policy -- because this organization is a major funding organization and a recipient from many donors for different projects. Their record is clean and we've -- you know, we don't deal with them much because they donate to other things. But is there a policy that we can create specifically for this organization so that we -- we can move forward and they can then receive funds for other major projects like displays Page 254 December 10-11, 2013 over at the museum, for instance? MR. KLATZKOW: The relationship they want with you is in the MOU. COMMISSIONER FIALA: Oh, I see. MR. KLATZKOW: That's the relationship they want with you. This was drafted really by them, not by us. I reviewed it, but this is the relationship they want to help in their efforts to solicit money. CHAIRWOMAN HILLER: And that's the problem, that this is for them to use to help them solicit money using our name, and it's just fraught with problems. Commissioner Coyle? COMMISSIONER COYLE: Look, this is a very simple process. And none of the objections that have been raised in my opinion are serious objections. We know one thing: The Community Foundation of Collier County is an excellent fundraiser. They have access to lots of people who raise funds. We are not good fundraisers. If somebody comes to us and wants to make a contribution, yeah, we've got a mechanism to do it, but we are not good fundraisers. It is far better to have these funds raised by the Community Foundation of Collier County because we know who they are. And the objections that are being raised are in my opinion insignificant. They -- as a contributor to Foundation of Collier County, you would want to be assured that the money was going for the purpose for which you gave it. This Memorandum of Understanding gives those donors the kind of assurance that they need. And I think these are just phony roadblocks to giving the Community Foundation an opportunity to do service for our community. It does no harm to us whatsoever. We are going to be building the artificial reefs with the money we get from the Community Foundation of Collier County. We should be grateful to Page 255 December 10-11, 2013 them rather than throwing artificial roadblocks in their path. CHAIRWOMAN HILLER: There are no artificial roadblocks. They have the ability to donate, as all the other agencies have the ability to donate directly to us. The restrictions on the donations that they receive from the donors make it clear that they have direction to donate to the county for the reef program. It is very simple. This MOU is not necessary and it will cause problems. So it's actually very simple. There are no roadblocks. In fact, you eliminate the roadblock by getting rid of the MOU and then just have a straight donation and you're done. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: And second. CHAIRWOMAN HILLER: We have a motion and a second. Any further discussion? (No response.) CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Aye. Motion carries 3-2, with Commissioner Nance and Hiller dissenting. Item #11B (12/11/2013) AWARD ITB #13-6185 TO GATES CONSTRUCTION, INC., IN THE AMOUNT OF $2,248,975.72 FOR THE CONSTRUCTION OF THE "EAGLE LAKES Page 256 December 10-11, 2013 COMMUNITY CENTER"; AUTHORIZE THE NECESSARY BUDGET AMENDMENT IN THE AMOUNT OF $825,000 AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE CONTRACT — APPROVED MR. OCHS: Commissioners, that takes us to your 9:30 a.m. time certain hearing this morning. It's Item 11 .B on your agenda. It's a recommendation to award Invitation to Bid No. 13-6185 to Gates Construction, Incorporated in the amount of$2,248,975.72 for the construction of the Eagle Lakes Community Center, authorize the necessary budget amendment in the amount of$825,000, and authorize the Chairwoman to execute the attached contract. Mr. Williams, your Parks and Recreation Director, will present. MR. WILLIAMS: Madam Chair, Commissioners, Barry Williams, Parks and Recreation Director. I do have a Power Point for you, and I know you all enjoy those, but I'm also prepared to answer questions that you might have. I did need to put a couple things on the record, if I might, though. One is the name of the construction company. It actually is Gates Butz Institutional Construction Company, which is a mouthful. And our apology for not putting that in the executive summary. The other thing is just the impact fee, the budget amendment. There are two impact fees that we're drawing from from reserves to fund this project. One is a 368 impact fee fund. That's kind of an old community park based impact fee fund that we're depleting after we spend these dollars. And then the other is a 346, the one you're most familiar with, with the $667,000 coming from that. And the 340 -- or 157,200 from the 368. So with that being on the record, certainly I can go through my Power Point with you, or if you have questions, I'd be happy to answer them. COMMISSIONER FIALA: I think we have a couple of Page 257 December 10-11, 2013 speakers. MR. MILLER: Yes, we do. We have three public speakers on this item. Would you like to hear them, Madam Chairwoman? CHAIRWOMAN HILLER: Yes, please. MR. MILLER: Your first speaker is Tamie Stewart. She'll be followed by Cindy Love-Abounader. I'm sorry. Please come up here. Ms. Stewart? MS. STEWART: Good morning, Commissioners. My name is Tamie Stewart and I have the privilege of serving as principal at Parkside Elementary School. And I'm here to speak on behalf of our school community, as well as some of the other principals in the area that are part of that East Naples feeder pattern. And we just want to reiterate the importance of this proposed community center to our school communities and to our families. As Parkside, there's a couple statistics I want to share with you, because I think it speaks very well to why it is important to our school community. At Parkside, 98 percent of our families are economically disadvantaged. That's the highest of all the schools in Collier County and the Naples area, as well as some of our Immokalee schools. And in addition, 90 percent of our students come from non-English speaking homes. That is the highest in Collier County, including Immokalee. And the reason I reference that statistic is because not only do our parents not often have the financial means to find non-school hour activities for our kids, but they also have the language barrier, which makes it difficult for them to navigate, you know, after school sports activities or some of those opportunities that many other kids across our county do have. So again, we are just -- we're realizing the importance of opportunities for those non-school houred activities. We have a walker and a car rider school. So everybody's in close proximity to the school and fairly close proximity to Eagle Lakes Page 258 December 10-11, 2013 Park, so transportation not really being a barrier for them to participate in any opportunities or programming that would be available through. that. And again, our students often go home with no adult presence, and they're either sometimes in the house not able to go outside, watching TV or maybe they're outside and again with no adult guidance and very few opportunities for other activities. We're very fortunate the YMCA does support us with a reduced fees program for about 50 of our children, and we started some enrichment STEM academies at our school. But again, it's just a smattering of students and a couple hours a week. So -- and our kids, what we have discovered, they absolutely yearn for the activities in these non-school hours. And we've seen that through like our Saturdays For Success Academy which are eight Saturdays leading up to FCAT. The kids want to be there. And that's an academic-based program, and you don't find that at every school that they're dying to get to school on Saturday mornings. But our kids do appreciate those opportunities and they're there early. And again, with our enrichment opportunities, and the things we're able to provide at -- but it's pretty minimal. And so we're just looking at this community center as an awesome opportunity for our families. I left a SAC committee meeting this morning and told them where I was going. And again, we do have a little bit of language barrier sometimes, but they all gave me the thumbs up. They were so thrilled at this opportunity to our families. And so we just want to share our support, as an East Naples feeder pattern school district, that this would be very meaningful for our children and families. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next speaker is Cindy Love-Abounader. She'll be followed by Ann Marie Foley. Page 259 December 10-11, 2013 My apologies on the last name. MS. LOVE-ABOUNADER: That's why I usually drop it. Good morning, Commissioners. I am Cindy Love-Abounader, CEO of the Greater Marco Family YMCA, also serving on the executive board of the Florida Alliance of YMCAs and a committee member of the State Task Force of Pioneering Healthy Communities Initiative. Commissioner Fiala and I have been discussing the needs of our families in the school zones of Parkside and Manatee for the past several years. The one thing is certain: These families in this community deserve the same opportunities to play, learn and grow in a family friendly environment as any other segment in our county. Enhancing this park will help this endeavor. A little information on your Marco Y: We've been serving children and families in this area for 15 years. We know that there are many needs. About six years ago, seeing the opportunity to make an impact in a much larger way, we reached out and received support from The United Way; Naples Children Education Foundation, The Wine Festival folks; the Florida Department of Ed.; Collier County School District; Wal-Mart Foundation; Rotary and Kiwanis Clubs; and many citizens to bring to these families educational enriched programs and healthy choices during out-of-school hours that are extremely affordable to the families and for many with no charge. This has only been possible with the collaborative efforts of those mentioned above. Commissioner Fiala and I spoke about working together with many of our programs, summer camp and after school, to serve more children and ensuring that there's always a place to house these programs, thus the need to enhance this park. There is no shelter at this park. When the summer rains are there, because we've had groups there, there's not a place to seek shelter, and Page 260 December 10-11, 2013 especially for a large group. The Y can support, manage, cooperate, coordinate any programs you see fit for us. YMCAs are far-reaching with programs from A to Z, like athletics to advocacy, dance classes to disease prevention, volleyball to volunteerism. We believe in working and bringing people together to strengthen our community. I absolutely believe that is essentially to utilize the combination of resources to maximize the benefits for all. We are for access to high quality early learning programs, especially for children from low income homes. To my knowledge this is an unmet need, and I believe might be housed in this new facility. We are for access to high quality out-of-school time programs for school-aged children which give youth a place, mentoring opportunities, academic support and daily activity play. In a nutshell, something better to do during those critical times when high risk behavior is likely to occur. We are currently serving over 200 children in after school programs in the East Naples area. We have access to summer enrichment education activities, programs that help combat the learning laws that many youth, especially low income and minority youth experience during the summer months when school's out. Learning for many takes a vacation. We advocate programs that will enable us to close the achievement gap and create a rich learning environment for all children. Currently we are serving over 600 plus children in East Naples located in these schools in the summer. We also are for supporting many healthy living activities to -- I have too little time to mention all those. Park enhancements will give families a place to spend quality time together. Working together as a community we accomplish many things and all these things above and much more. I, The Y, endorse programs and initiatives that improve a person's health in their spirit, mind and body for all. Thank you for Page 261 December 10-11, 2013 your time. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your last public speaker on this item is Ann Marie Foley. MS. FOLEY: Good morning. I'm your last full-time employee at Eagle Lakes Community Park in a professional capacity as opposed to maintenance of the physical plant, and I was thrilled to be a Collier County employee and took early retirement at the time because my mother was dying with Alzheimer's and it afforded me an opportunity. So I'm a happy camper as a former parks and recreation employee of Collier County government. And I was -- as I said, my last position was at Eagle Lakes Community Park. And I just want to assure you how much that park will be used by the people that are there. A lot of times folks drive by on 41 during the daytime and it looks like there's nothing going on. To the contrary, there are birders in the back and a number of other activities that would take place if we had facilities there. I urge to you drive by at night when it's not at all uncommon to see anywhere from five to 800 people there enjoying the various soccer programs that are done in the evening hours and on the weekends. My husband and I often enjoy Sunday mornings watching, if you will, Cuban baseball in the park every single Sunday most of the year. So there's a tremendous amount of need, there's a tremendous amount of interest on the part of the residents who live close to the park, who would be here this morning I'm sure if they weren't all out working one and two jobs to be able to afford to live here in Naples. So I just want to encourage you. I was looking forward to that Power Point presentation myself. But maybe later we can get together. In any case, I urge you as an East Naples resident, please, please, Page 262 December 10-11, 2013 this park needs what you're going to do desperately, and it will be used. Thank you. CHAIRWOMAN HILLER: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. Did you want to see a couple pictures of the community center that they're proposing? CHAIRWOMAN HILLER: Yeah, I would. I think it's great. MR. WILLIAMS: Commissioners, I have a floor plan for you here that I'll show you. This is an 11,000 square foot community center. It involves a typical configuration for us in our community centers. We do have one addition. The VPK, the voluntary pre-K, is something that is consistent throughout our community centers and we offer that service. Just to tell you a little bit about our community center activity, typically we see people use our community centers in the mornings. It's the older population that will use it for a variety of activities, clubs, recreational pursuits, exercise. And then in the evenings, as Ann Marie mentions, we have a different -- it kind of shifts more into the families. We have the kids after school programs and then we have youth sports programs that come out of the evening hours. So it's kind of a mixed, it's a multi-generational center. A lot of different types of activities involved in these centers. And again, this is a floor plan of what we anticipate. CHAIRWOMAN HILLER: That future swimming pool site, what is that about? MR. WILLIAMS: Yes, ma'am, we've designed the site. And I'll go back to this slide here. Just to orient you to where the community center will be built, we're looking to build it right here in this area, right on the front of 41 . We are making provisions. There is -- as part of the master plan, Page 263 December 10-11, 2013 the parks and remembering master plan, this is one of your two parks that are viewed as a priority. Eagle Lakes Community Center building out, that park, including the community center with the pool, and then Big Corkscrew Island Regional Park. So -- CHAIRWOMAN HILLER: Can you go back to -- MR. WILLIAMS: Yes, ma'am. CHAIRWOMAN HILLER: -- focus on the discussion for this project? Again, let's focus on the pool. What kind of pool and where on the site are you considering that? MR. WILLIAMS: We're making available on the site for future expansion for a pool if funds allow. A pool similar to -- if you're familiar with Golden Gate Community Park, that's kind of the orientation that we're looking at. CHAIRWOMAN HILLER: So you're not looking at an Olympic type training pool or anything like that, you're looking at a fun pool? MR. WILLIAMS: Well, we are talking -- CHAIRWOMAN HILLER: A lap pool? MR. WILLIAMS: There have been some conversations with Lely High School for the potential of them using the pool for their swim meets and such. Olympic size, it may be too aggressive for the site in terms of-- CHAIRWOMAN HILLER: Yeah. Well, that's what I was wondering. That's why I want to know. Because I don't know what the dimensions of the site are and, you know, where you would place this pool. But I'd like to have some more information on that. MR. WILLIAMS: Absolutely. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. Barry, is the -- you've got the I'll call it the southeast part of the quadrangle there where it says entrance courtyard. Is that also available for expansion, or does that land have to be consumed for some other purpose? MR. WILLIAMS: It's -- we're going to have landscaping at the Page 264 December 10-11, 2013 entrance. There won't be a lot of room here for active use, it will be more for the entrance of the center. COMMISSIONER NANCE: Okay. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes, I'd like to make a motion to approve. CHAIRWOMAN HILLER: I'll second it. We have a motion and a second. There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries -- well, any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. COMMISSIONER FIALA: Thank you to all of you who came out to support this. Item #12A (12/11/13) THE BOARD OF COUNTY COMMISSIONERS AUTHORIZES THE COUNTY ATTORNEY TO ENTER INTO A RETAINER AGREEMENT WITH NABORS GIBLIN & NICKERSON TO REPRESENT COLLIER COUNTY IN A $1 .9 MILLION OVERPAYMENT TO THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE — APPROVED MR. OCHS: Commissioners, that takes us to your add-on item under your County Attorney's report. This is Item 12.A. It is a Page 265 December 10-11, 2013 recommendation that the Board authorize the County Attorney to enter into a retainer agreement with Nabors, Giblin and Nickerson to represent Collier County in a $1 .9 million overpayment to the Florida Department of Juvenile Justice. And you did all receive the executive summary and the backup to this item previously. MR. KLATZKOW: For the last couple of years the Florida Association of Counties has been involved in litigations with the State of Florida, more particularly the State Department of Juvenile Justice, as far as overpayments by the counties to the state. The last reconciliation by the state shows that they owe the counties approximately, what is it, $45 million. Our share of that is under $2 million. That's good news for us. The bad news is that there's no appropriation for it. So the DJJ acknowledges the debt but says they have no ability to pay us or the other counties. Your Florida Association of Counties have been lobbying the state trying to get a legislative solution to this. Just in case there's not a legislative solution to this, to protect the county's rights of$2 million, I'm asking you to allow me to get into agreement with Nabors, Giblin to represent the county's interest. There will be large number of other counties -- CHAIRWOMAN HILLER: Motion to approve. MR. KLATZKOW: -- joining us. COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: Absolutely. I mean, there's no question about it. And thank you for coming up with that step to protect us. I appreciate you for that, Jeff. Is there any discussion on this? (No response.) CHAIRWOMAN HILLER: There being no discussion, all in Page 266 December 10-11, 2013 favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. Item #15A (12/11/2013) CURRENT BCC WORKSHOP SCHEDULE MR. OCHS: Commissioners, next item is Item 15.A. It's the current Board workshop schedule. And I wanted to attempt to get some feedback from the Board this morning, if I could, on staff-- CHAIRWOMAN HILLER: I would like to make a suggestion. I think the workshops have benefit, but I think they're too frequent. And I think what ought to happen is the workshops really should be scheduled to once a quarter, and really have a very focused consolidated agenda that relates to, you know, what we're dealing with in that quarter to allow for that discussion on those quarter's issues. And you know what those issues are, Leo. So, you know, as you're looking into each quarter, you can identify topics and, you know, bring them to our attention and, you know, we obviously will have ideas as well. But where you see that we really need the opportunity to discuss or hear a presentation, then that forum is created and then obviously in the course of the workshops, you know, if it turns out there are additional topics that we want to address, you know, we always can choose to schedule additional workshops. But I think for organizational purposes, I think once a quarter with a clear Page 267 December 10-11, 2013 focus is the way to go. MR. OCHS: That's fine with me, ma'am. These workshops were really initiated by the Board members, not by staff. CHAIRWOMAN HILLER: Right. Oh, absolutely. And there's no question about it. And I think they're a great idea, because it does allow us to speak. Because we can't speak, you know, outside of the Sunshine, so it's a really great mechanism to promote dialogue, you know, without the pressure of an impending vote, and allow us to develop our ideas openly and, you know, in a positive fashion. So it's a great mechanism to get things done, but I think they're a little too frequent. Commissioner Henning? COMMISSIONER HENNING: Well, I'd kind of like keeping it the way it is. I mean, I adjusted my schedule of-- CHAIRWOMAN HILLER: It's not a question of time. I just think it's productivity. COMMISSIONER HENNING: Well, it is for me. It is -- I mean, I raised that when we did it and I, you know, legally can adjust my schedule for the visitation of my son and I did that. So -- based upon what the Board did. So personally I'd like to keep it the way it is. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes, I've actually received a lot of positive comments about the workshops. I think the last couple of workshops that we had were some of the better ones because I think we got some -- we had some fairly complicated topics that we got started well. But my personal impression is that we're with our economic development gaining so much momentum with so much energy that I saw in the room yesterday, I believe that these workshops are going to have a great deal of utility for public meetings related to whatever the interested and hot topics are of the day. I hope that we keep that first Tuesday blocked out of everybody's Page 268 December 10-11, 2013 schedule for that purpose. That doesn't mean that I believe that we have to schedule something for every one of those dates. But I think certainly having them available will have a great deal of utility. I believe as Commissioner Hiller goes forward in her liaison work, I think there's going to be a greater need, not a lesser need, for public meeting time. The one criticism I will say that I did receive is that there's not a lot of public notice that we're getting out there somehow. I don't think we've made it our business to really notice this meeting and particularly have any sort of an agenda that solicits a great deal of outside input. So my suggestion would be to try to enhance these opportunities when we call for them with a better notice system to put it on our website and make sure that key stakeholders that we know are involved in whatever topic it may be get informed that, you know, they have an opportunity to come forward. I'm getting good feedback about it. You know, I'm anxious to see what the other commissioners have to say. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Mine is simple. I agree with both you and Commissioner Henning. CHAIRWOMAN HILLER: Well, that's fine. I mean, from my standpoint I look at what you have on this agenda and I have, you know, four items. I don't see why those four items couldn't be in one day. I mean, there is lot -- you know, we don't need four hours or five hours to discuss the megahertz system. Actually, we probably need five months to discuss beach renourishment, but that's a different issue. But, you know, the eligible activities for entitlement grants and, you know, the -- I mean -- MR. OCHS: Commissioners, I'm just trying to react to some of the things that you've brought up -- CHAIRWOMAN HILLER: I like the idea of reserving -- yeah, Page 269 December 10-11, 2013 no, no, I like the idea of reserving that first Tuesday that if something comes up that we want to talk about it, we do it. But I don't see the need to meet for the sake of meeting. You know, I mean, it's like it doesn't make any sense. MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: If we reserve it, it's one thing but, I mean, these things could very well be consolidated. MR. OCHS: That's fine. If you want to try to do these all in February or March, it makes no difference to me. And in fact these were just thought starters. I need some feedback from the Board. If you remember, when you decided to do these, the statement from the dais was that the staff doesn't have to worry about a lot of preparation because the Board's going to come up with the topics -- CHAIRWOMAN HILLER: Exactly. MR. OCHS: -- and this is an opportunity for you to talk in each other -- CHAIRWOMAN HILLER: Exactly. MR. OCHS: -- in a less formal setting. So we're trying to react to what you want, but we're not quite sure if what we've been doing is meeting your needs either from a timing standpoint or from a content standpoint. And whatever feedback you can give us, you know, we would obviously then tailor the workshops to make them work. COMMISSIONER NANCE: Well, excuse me, ma'am but, you know -- and I don't mean this to be critical, but yourself and Mr. Ochs have really set this agenda. We haven't had a lot of conversation on the Board over what other topics other commissioners might have come up with or even the timing, you know, how much time that's allocate. So -- and that's not a criticism. So I agree with you, you know, if we can put an hour for each of three or four items, I'm certainly -- I'm happy with that. MR. OCHS: Sure. My direction to the staff is whatever topic ends up on those agendas, our presentation from a staff standpoint Page 270 December 10-11, 2013 won't exceed 10 minutes. CHAIRWOMAN HILLER: Right. MR. OCHS: And however long the Board needs to take on a topic is obviously up to you. COMMISSIONER NANCE: I just think we need to get a little more active as a Board. CHAIRWOMAN HILLER: Commissioner Coyle wants to speak, but I want to make one comment in response to your remark. No, the reason the workshop schedule evolved as it did wasn't because of mine and Mr. Ochs's selection of topics. What would happen is we would have discussions here on the Board and the discussions as, you know, Commissioner Henning would many times point out would get too involved, too detailed, maybe address issues that were not on the agenda and then the Board would say oh, you know, this is a great topic for a workshop discussion, let's put it in the workshop forum rather than the Board forum. And so how the topics evolved on this workshop schedule were as a function of that. What I'm saying is that it is a great idea to reserve those first Mondays, but I'm just saying there shouldn't be the feeling that it has to be filled if there isn't a need to have the dialogue that we have during those meetings, you know, if there's no hot topic that we have to exchange ideas about. So my point again is, you know, to the extent you can consolidate, if we have, you know, two meetings in that first quarter rather than three, you know, that's smart, because staff isn't tied up addressing stuff we don't need to spend so many days over. And that's all my point is. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I didn't interpret Commissioner Hiller's remarks to be the abandonment of the schedule. It appeared to me that you keep the schedule, keep the time available, and then try to manage the topics more efficiently. Page 271 December 10-11, 2013 CHAIRWOMAN HILLER: Exactly. Thank you, Commissioner Coyle. COMMISSIONER COYLE: So I think that's a good program. But there are a lot of things -- well, let's deal with just these here. There's some things that require a lot of input by staff. Like I can't imagine why we're waiting until March the 4th to talk about strategies related to beach renourishment and inlet maintenance. It's a critical issue but it depends a lot upon what you and the staff have been able to determine about opportunities for cutting the red tape and delays with the permitting agencies. We don't have that information. You have to give it to us. And I would prefer to see that item come earlier in the quarter than later, unless there are some impediments from the staffs standpoint to do that. But I think that's something that requires urgent attention. The review of the county's strategic plan, you're going to present that to us anyway. We generally look at that, we read it and then we give you suggestions whenever you present it. MR. OCHS: Yeah, that's usually every other year, 15-minute item. That's why we could bundle that or even do it on a Board agenda. COMMISSIONER COYLE: Yeah. MR. OCHS: These were just ideas so that I could plan something that works for your schedule going into the new year. And there's no pride of ownership on these topics, sir. In fact, some of these I've sent you informational memorandum on and that may be sufficient. But I didn't want to take anything for granted. This entitlement grant eligibility, for example, I sent you a fairly detailed memo on that in the fall and hadn't heard much back, so I wasn't sure whether you were satisfied with that information or you wanted to talk more about it. So -- COMMISSIONER COYLE: Well, let me tell you that -- MR. OCHS: -- we can mix and match or eliminate these as you Page 272 December 10-11, 2013 prefer. COMMISSIONER COYLE: -- I'm really anxious to get some information concerning our progress on streamlining and improving the permitting processes for beach renourishment and inlet management. So whenever the staff is prepared to bring us new information and new opportunities, I think it would be wonderful. It might be better to bring that at a time of a Board meeting, however, because it would have very much greater visibility for the public because they're interested in that. But I would support Commissioner Hiller's idea that look, you reserve the times. Leave the times the way they are. And if you have something that's really pressing or interesting that has to be done, then schedule it. But other than that, leave it the way it is. As a matter of fact, I don't know that you need to even try to schedule these things three months in advance. You've got the time available, you've reserved that. So you could schedule it within a week or so to give it a little time for advertisement. But the last time, beach renourishment, is the only item I would be interested in participating in, quite frankly. MR. OCHS: Thank you. CHAIRWOMAN HILLER: Commissioner Henning? I'm sorry. COMMISSIONER HENNING: Yeah, I'm trying to look up something. I saw last night that one of the senators, I believe, is looking to create less spending, reduce the debt. But one of those was beach renourishment, beach renourishment funding, to cut that down substantially. I don't know if we'll have an opportune time on this workshop to request that they -- in that they reduce the regulations in that. So -- but one thing about the strategic planning, it's very important that the Board members understand the deficit and capital replacement in what has been delayed out there. Page 273 December 10-11, 2013 Would that be an appropriate time to plug that in on that particular item? MR. OCHS: Yes, sir. There is a section in your strategic planning having to do with asset management and capital improvements, so that would be an opportune time to talk about that, if you'd like. COMMISSIONER HENNING: And I think we have a consensus, you know, is to keep the workshops to that first Tuesday of the month, and if it's not needed then we just won't have it. MR. OCHS: Okay. COMMISSIONER HENNING: Okay? CHAIRWOMAN HILLER: So, for example, the discussion on the megahertz system could be consolidated into the January 7th meeting, if you would want to do that. MR. OCHS: Or -- excuse me, Commissioners, it may be more useful, given the holiday season, that maybe we forego the January workshop and move those items into February. CHAIRWOMAN HILLER: I think that makes more sense. MR. OCHS: I don't know what travel plans are, if everyone's going to be back that -- CHAIRWOMAN HILLER: That's true. MR. OCHS: -- first Tuesday in January anyhow. CHAIRWOMAN HILLER: No, I think February 4th does make more sense. MR. OCHS: So perhaps we could look to have a few of these things in February. CHAIRWOMAN HILLER: That makes more sense. MR. OCHS: And then just schedule them as the Board says on an as-needed basis. And I can coordinate that either with the Chair or with the full Board during communication, whatever you'd prefer. CHAIRWOMAN HILLER: That's what happens. I mean, it should be an evolution over -- of what comes out of our discussions, Page 274 December 10-11, 2013 or if you think we need to have an open discussion because we need to be educated. And the intent is not to create more work for you, but rather if you see that there's a need for us to have dialogue, to make a suggestion. Or, as I said, what we've been doing which is that it's a natural evolution from, you know, Board discussion up here. MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: So we're going to agree that January 7th we're not going to have a workshop, and that you can come back to us at the January meeting, the first meeting in January, and work with Commissioner Henning, who will be the new chair, and propose the schedule for February and March, or February or March. MR. OCHS: Will do. And it may not be these four topics, but it will be the timely issues -- CHAIRWOMAN HILLER: Right. And any member of the Board can suggest other topics. And if the Board collectively agrees there's a need to discuss it, you know, that list that you propose will be supplemented. MR. OCHS: Very good. COMMISSIONER COYLE: Could I make one final comment? CHAIRWOMAN HILLER: Yes, Commissioner Coyle, absolutely. COMMISSIONER COYLE: Concerning Commissioner Henning's remark concerning the Senator who's trying to reduce funding for beach renourishment, I don't know who this is, but it might be a good idea if we send him a letter and told him that reducing beach renourishment funds does not save money, it merely shifts the costs to local governments and puts our beaches in danger and impacts our tourist revenues. The only way we save money on beach renourishment is to get an effective permitting process that allows us to do this in the most efficient and least costly method possible. CHAIRWOMAN HILLER: I agree with you, Commissioner Page 275 December 10-11, 2013 Coyle, 110 percent. Leo, could you have staff draft that letter and let's get it out right now? COMMISSIONER HENNING: Yeah, it's Rand Paul, so -- CHAIRWOMAN HILLER: Okay. COMMISSIONER COYLE: Well, there's a whole lot of topics I think we ought to put in that letter for him. COMMISSIONER FIALA: Who is that? COMMISSIONER COYLE: Rand Paul. COMMISSIONER HENNING: Yeah, I think he's the only one that has the cohunes to throw things out there, so -- MR. OCHS: This is federal funding, not state funding. COMMISSIONER COYLE: Well, it doesn't make much difference, it's going to hurt beaches. MR. OCHS: Yes, yes. COMMISSIONER NANCE: None of these costs are going down -- CHAIRWOMAN HILLER: Have Commissioner Henning -- COMMISSIONER COYLE: No, they won't go down. And that's his only problem, he doesn't dwell in reality. CHAIRWOMAN HILLER: You can write the letter. COMMISSIONER HENNING: Pardon me? CHAIRWOMAN HILLER: You can write the letter. COMMISSIONER HENNING: Next year? CHAIRWOMAN HILLER: Yeah. But, I mean, it should get out right now. COMMISSIONER HENNING: Oh, I can't do that, I'm not Chair. CHAIRWOMAN HILLER: All right. Send it out in January, Leo, but under Commissioner Henning's name, please, since he properly highlighted it. That's great. Good point, Commissioner Henning. Page 276 December 10-11, 2013 MR. OCHS: That's all I have on that item, Madam Chair. Thank you for the feedback. CHAIRWOMAN HILLER: Great. Item #10G (12/11/2013) CHAIRWOMAN'S ANNUAL REPORT HIGHLIGHTING SIGNIFICANT BOARD ACCOMPLISHMENTS IN CALENDAR YEAR 2013 — PRESENTED MR. OCHS: The last item on the agenda this morning is Item 10.G. It's the Chairwoman's annual report highlighting significant Board accomplishments in calendar year 2013. CHAIRWOMAN HILLER: Thank you, Leo. COMMISSIONER COYLE: Start the clock. CHAIRWOMAN HILLER: Yes, yes, go ahead and do that. It has really been a pleasure serving as Chair this year. And one of the things that was evident to me from sitting on this Board in prior years, that at the end of the year no one really knew what this board had accomplished, what our staff had accomplished and, you know, how much the community had helped to make all of this possible. So every year as you know the President of the United States addresses the nation and gives the State of the Union Address, and I thought really that we as a county should have a tradition and that is whoever is chair at the end of the year should put together a report that summarizes all the great things that happened and lets everybody in the community know just how great Collier County is and what a good government Collier County has. And so to that end I prepared a report. I asked the commissioners for their input. And in fact there are so many great things that happened that I couldn't consolidate it in one single presentation, and so I've got a supplemental list of good things that will be added to this Page 277 December 10-11, 2013 report. And that even doesn't include all the good things that happened. And the only way that the community can really know about all the great stuff is to go to our public records and read the minutes, which would make a very good book in this year. So with that, I'm going to begin by reading to you what I see as the highlights of this year's accomplishments. I am pleased to report that Collier County is sound and stable. Our county's finances are strong, our economy is growing. We have better defined the role of this government in the context of personal freedom. We have increased public safety by taking practical steps to remove elicit drugs, reduce theft and help our first responders. We have made this county moral transparent and honest than it has ever been by reforming ethics policies, clarifying legal responsibilities and conforming to state law. In a number of areas large and small we have made Collier County a better place to live and conduct business by reviewing county operations and taking decisive action. Importantly this has been achieved through a collaboration between the Board of County Commissioners, county staff and the public acting as a unified team. The Board, with insight gained through public input, has set policies for the community's benefit that the county staff has successfully implemented. The guiding policy has been to provide the community with the highest level of service at the lowest possible cost to the taxpayers, the essence of fiscal conservatism. This policy has led the county to a level of unsurpassed success. Our fiscal situation is strong and likely among the best in the state. As we emerge from the Great Recession, Collier County has not increased property tax rates while maintaining outstanding governmental services for our residents and visitors; notwithstanding a reduction of more than 20 percent in general fund revenues from almost 400 million in fiscal year 2008 to 310 million in fiscal year 2013. Page 278 December 10-11, 2013 In 2013 taxable value countywide increased 3.8 percent, representing the second consecutive adjustment since 2007. The increase is welcomed use and continues to reverse a trend. We saw Collier County lose over 21 billion in taxable value, almost 27 percent of its tax base, since the 2007 tax year. Based upon state estimates, it is anticipated that Collier County will experience tax base increases through tax year 2017. The county continued to responsibly pay down its current debt obligation and with no plans to issue new debt, approximately 50 percent of existing debt will be retired within the next eight years. The county's debt was at its highest in 2008 at $804 million. Outstanding debt has been reduced to just under 600 million in fiscal year 2013, a decrease of 25 percent. The retaining debt has been refinanced to take advantage of lower interest rates. Annual general government debt service has been reduced by 50 percent as a result. Collier County continues to keep a stable investment quality credit rating from all three major rating agencies. Moody's Investment Service noted that county's long-term financial position is expected to remain healthy, despite recessionary tax base pressure, given conservative budgeting and fiscal discipline. Fitch's Ratings commented on the county's sound financial management by indicating: The county has responded to considerable revenue deterioration with conservative budgeting, aggressive expenditure reductions and limited use of reserves. The Board of County Commissioners is committed to fiscal conservatism. Our economy is strong and growing. In 2013 Collier County was ranked number one in Florida for job growth. On April 4th, 2014 (sic), Florida Governor Rick Scott recognized Collier County for having the fastest annual job growth rate in the entire State of Florida. The Board took proactive and aggressive action to promote economic development and job growth throughout the county. Page 279 December 10-11, 2013 Impact fees were again reduced. The Land Development Code was amended to streamline building regulations and expedite the review process. An automated building plan review and permitting system was installed that allows for faster, more convenient and efficient reviews. Reduced standard -- the Board reduced standard building permit fees by five percent. The Office of the Hearing Examiner was created to expedite reviews of minor zoning and land use applications. A partnership with the Chamber of Commerce to promote the county as a business destination was formed. The county joined the Southwest Florida Regional Economic Alliance and made a commitment to support and grow regionalism. The Board created the Community and Economic Development Chairmanship position, committing to economic development leadership at the Board level. The Board has reduced government overreach. Examples include but are not limited to: The elimination of red light cameras and the professional treatment of airport tenants. With respect to the red light cameras, there were no demonstrable public safety benefits derived from this initiative, given the sophisticated and well-managed engineered traffic signaling system we have. The contract with the vendor was consequently terminated. And as to the airport tenants, fair treatment of all airport tenants is now the norm, not the exception. Companies that provide critical aviation services to Southwest Florida are treated with the respect they deserve. The Board has increased its commitment to public safety. The Board of County Commissioners passed the Collier County Illicit Synthetic Drugs Ordinance to assist the Sheriffs Office in its efforts to control the increasing use of illicit synthetic drugs. The Board of County Commissioners, working with the Sheriffs Page 280 December 10-11, 2013 Office, developed a monitoring and disclosure program to make it easier to catch thieves who steal components using privately owned and government infrastructure assets. Emergency vehicle preemption devices were approved for phased-in installation. Traffic signals in busy intersections are now preempted so as to assist emergency responders through those intersections. The Board recognized the need for the build-out of the Sheriffs special operations center and the new forensics storage and lab facility and accordingly began planning to fund and construct these projects. As an example of working together with the community in crisis, in the wake of the fire that badly damaged the Greater Naples YMCA, the Board worked closely with officials from the YMCA to develop an immediate plan for the continuity of YMCA programs and services. We provided county office space so YMCA staff could continue administrative functions and we expedited permitting as they rebuilt. Collier government is honest, open and transparent. The Board clarified and strengthened the Collier County Ethics Ordinance, making the ordinance consistent with state statutes, making it clear and unequivocal that kickbacks and bribes are illegal in Collier County. The county now can rely on state precedent and advisory opinions for guidance as to what constitutes unethical conduct. The County Attorney is officially designated as the county's ethics officer, available to provide ethics opinions as needed. Additionally, the newly elected County Attorney's Ordinance will ensure that the County Attorney will represent the county in all legal matters and that the Board of County Commissioners' actions conform to the law. The Board now embraces the critical function of the Clerk of Courts as the independently elected watchdog over county funds. We are better utilizing county audits in Board decisions, preventing bad Page 281 December 10-11, 2013 actors from receiving grant funds and tightening purchasing procedures through the passage of a purchasing ordinance. The administration of public records has been consolidated and streamlined so as to promote increased transparency and responsiveness to the public. Government operations have significantly improved. The county has experienced restructuring at all levels, from the Office of the Board of County Commissioners, which was redesigned in terms of both management and space, to the restructuring of divisions and the streamlining of advisory boards. Every action has been evaluated from the perspective of its return to the public. Steps that have no return have been eliminated. Examples include: Outsourcing of marina operations to securing consultants from residential and commercial real estate and property management firms to assist the county with the purchase, sale and management of the county's real estate holdings; viewing job bankers as a means to manage fluctuating service demand levels; and the creation of a Victims Advocacy Coalition, a grant management team and process team for victim advocacy organizations, in order to increase the amount of grant funding available to further their critical services which taxpayers would otherwise have to pay for. There are so many additional achievements that are worthy of mention, like the fact that dogs are now permitted to be walked in Collier parks. Thank you, Leo. Clam Pass and Wiggins Pass were successfully dredged and the beaches were renourished in record time at a savings of over $20 million, to name a few happy items. These and many other successful 2013 projects are listed in the summary attachment, as I mentioned earlier, that I've prepared for your review. In short, taxpayer dollars have been protected, conditions for economic growth and prosperity have been created, public safety has Page 282 December 10-11, 2013 been a consistent priority, and our operations have been improved everywhere they could be. Sniff. It has been such a pleasure working with you guys. COMMISSIONER HENNING: Can I add one thing? CHAIRWOMAN HILLER: I mean, you guys have been out of this world. I mean, I want to thank each and every one of you, because collectively this has really been a great year and you have been a great Board. And I want to thank staff, I want to thank Leo and I want to thank Jeff. It's been a pleasure. MR. OCHS: Thank you, Madam Chair. COMMISSIONER HENNING: Can I add one thing? CHAIRWOMAN HILLER: Yes, absolutely. COMMISSIONER HENNING: You know, because of your persistence and concerns about beaches and directing staff to go out there for not only a dredge and fill but a haul, and obviously saving tourist tax dollars that could be used for other things. So thank you. That was your incentive to get that comparable. CHAIRWOMAN HILLER: Thank you. But again, we act as a Board. You know, I'm one of five votes, and while each one of us, you know -- COMMISSIONER HENNING: Oh, stop it, it was your idea. CHAIRWOMAN HILLER: Well, but collectively we made it happen. But thank you very much. I do appreciate that. And I wanted to go ahead and present some information for the public. This general fund total budget, I mean, it's just so impressive to see, you know, how much we've accomplished. When our budget was 400 million in 2008 and 310 in fiscal year 2013, we did not cut our level of service. In fact, we've increased our services, and we've improved the quality of our services with a budget that was effectively reduced 25 percent over the course of these last five years, which is really exceptional. Page 283 December 10-11, 2013 And again, looking at the debt, the trend is just as it should be. We were at 800 million in 2008 and we're now at 600 million. It's commendable. And finally, the trend follows with the annual debt service. Correspondingly we started at 70 million and we're down to 40 million a year in annual debt service. So these graphs are exactly what the community wants to see from this Board. And this Board has really done an outstanding job in, you know, moving the county in the right direction. So we are very fortunate to be in Collier County today as compared to the state. The last thing I want to share with you, and this is even more happy news, and this was in the Naples Daily News today, and that is that once again -- this is with respect to the forecast for job growth for 2013 through 2016. Naples -- and the reference is to the Naples area -- is leading the state with -- in terms of the forecast for job growth. And I think this is a fantastic headline from the Naples Daily News that we should all be very proud of. So again, members of the Board, thank you. Staff, thank you. Leo, Jeff, thank you. MR. OCHS: Thank you, ma'am. Item #15 (12/11/2013) STAFF AND COMMISSIONER GENERAL COMMUNICATION MR. OCHS: We have one final item and that's staff and commission general communications. Nothing from me, Madam Chair, Commissioners, except to wish you all a very happy holiday and a happy new year. I'm sure we'll see you before then, but this will be our last official meeting before the Christmas and New Year break. CHAIRWOMAN HILLER: Absolutely. Page 284 December 10-11, 2013 Let's go ahead and go to Commissioners' comments. We'll start with Commissioner Nance, since his light is on. COMMISSIONER NANCE: Yes, I just actually wanted to add a few comments to your remarks, Commissioner Hiller, and I want to commend you for bringing your vision for Collier County forward during your chairmanship. I think you brought a lot of important ideas and lent your perspective very aggressively to this Board. And I actually appreciate that. I think you brought a lot of good issues to the Board for a good spirited conversation. (Christmas toy on dais was activated.) COMMISSIONER COYLE: Which end? COMMISSIONER FIALA: Push the one that has a little dot on it. It will stop. First time I ever saw you blush. COMMISSIONER COYLE: I didn't do that. COMMISSIONER NANCE: I resemble that remark, Commissioner Coyle. Anyway, in all seriousness, I hope you will share your remarks with all of us so we can actually share them with our constituents. And, you know, I know that we spend an awful lot of time doing things, and important things that are administrative. And of course spending money is both in many cases the most challenging and also the most rewarding of this. Because each of us has a constituency that we're trying to represent, and of course we all realize that those are greatly, greatly different in what's important to them and what the needs are. But what I'd like to say is, and one of the things that I think we've accomplished as a Board this year that I feel best about is that I do think that we have, at the end of this year, not only have we started to address some of the long-term challenges that we have honestly and openly and started to go to work on those, and I think -- you know, I'm always in favor of positive news but -- you know, I don't want to be a Page 285 December 10-11, 2013 buzz kill guy, but I never want to overlook our challenges, because I don't want them to sneak up on us. I hate surprises and I hate having to share bad news with the citizens in Collier County. But at the end of the day I believe that we are today, as opposed to a year ago, to everyone's credit here, I think we're a kinder gentler government in the ways that we touch our citizens as a governmental entity. And I don't mean just in the decisions that we make, but in the way we reach out to them. And I think we have a much better collegial working relationship now at the end of the year, and I thank each one of my fellow Commissioners for their efforts in that regard. You can press it again, Commissioner Coyle. CHAIRWOMAN HILLER: Commissioner Henning, your remarks? COMMISSIONER HENNING: Yeah, I agree, I think it's much more collegial and respective, and I think it's due to your leadership. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: Two things: One of the things I noticed, going home one day. Stopped at a stoplight and the light turned green. All of a sudden a white light came on that said no turn. And the reason for that is because there was a pedestrian crossing the street. And I thought what a great way to protect our pedestrians. CHAIRWOMAN HILLER: That is great. COMMISSIONER HENNING: Yeah. And, you know, I'm fully supportive of that. I think it's a wonderful idea. CHAIRWOMAN HILLER: And these are the kind of things that, you know, the community doesn't know about, the little things that we have in place for their protection, you know, or to improve their quality of life. So I'm so glad you highlighted that. COMMISSIONER HENNING: Yeah. And over the past recent years, you know, my driving habits have changed. You know, looking right, looking left, looking right before making that turn is Page 286 December 10-11, 2013 because of pedestrians out there. And more and more people are walking particular certain neighborhoods, including Golden Gate. The other thing I have is on the agenda it was withdrawn, it was about the Immokalee Airport. There was a contract on there to lease an old sod farm. And staff has been working on this since 2003. Couldn't find a tenant, okay. My aide, Camden Smith, and I went out there, hearing some of the concerns about the Immokalee Airport. We -- our mission was to try to find revenues to cut down the deficit every year. I reached out to the community to try to find a sod farmer. One was identified. Camden contacted that person. The bid went back out. The problem with the bid was it's a misunderstanding on the revenues. I couldn't believe that they were willing to pay over $100,000 a year to lease that acreage. So that is going to come back. However, another benefit of that, the staff out there maintains, mows those 200 acres every quarter, okay. If that is leased out, it would free up some staff time and -- CHAIRWOMAN HILLER: That's a great idea. COMMISSIONER HENNING: -- and also be less equipment and stuff like that. CHAIRWOMAN HILLER: It's a double cost savings. It's not a double cost savings, but you're saving cost on the one hand and then you're generating revenue on the other. So the net impact on the county is double, not just the revenues. COMMISSIONER HENNING: Correct. CHAIRWOMAN HILLER: So that's the right kind of thinking. COMMISSIONER NANCE: I'd like to comment on that, just to Commissioner Henning. Because I'll tell you the concerns that I shared with the County Manager on the project, Commissioner Henning. Since we're talking about it now, I want to say that at this time. The concerns that I had and things that need to be addressed on Page 287 December 10-11, 2013 that sod farm, and everybody needs to understand going forward, are twofold: Number one, the sod farm extends the entire distance of one of the runways. And one of the things that was mentioned to me by users the airport is in the past when that was done, and it has been done in the past, that there was a tremendous problem with blowing sand and dust that will have to be mitigated when that's done. The second thing is everybody needs to understand what happens when you're in the sod farming business. When you're in the sod farming business, each time you cut sod you're removing soil from the area. And I went through and did a calculation that with the yearly proposal that when the volume that was being predicted, there was going to be removal of 14,000 cubic yards of dirt from that site. If you start to add that up over time and examine the expense that you're going to have to have to put that dirt back in, you're likely to find that you're not making any money. With the numbers that were proposed, the number of square feet, I did a rough calculation, and I showed that you would have -- you would generate enough money to be able to pay $6.47 for each yard to replace it, spread it and grade it. And I don't think you can buy the soil, grade it and spread it for $6.47. So we really need to take that into calculation. Whether you're making money or not you're certainly going to be cash positive for the year. But in the long haul you don't want to be creating a wetlands or lowering your land there. CHAIRWOMAN HILLER: That's a very significant issue. Is that something -- COMMISSIONER NANCE: It is a significant issue. CHAIRWOMAN HILLER: Has staff looked into that? COMMISSIONER NANCE: Well, the scope of work from the sod farmers said soil replenishment was one of their responsibilities in Page 288 December 10-11, 2013 the scope of work. And my question was, does that include putting the dirt back? And I suggest to you -- CHAIRWOMAN HILLER: It should. COMMISSIONER NANCE: -- if you know the cost of the sod business and the minimum margins there, probably not. CHAIRWOMAN HILLER: Well, then we just need to make sure that it does. COMMISSIONER NANCE: And that's why -- MR. OCHS: It's one of the items we're going to clarify. CHAIRWOMAN HILLER: -- Commissioner Henning and I are 100 percent in alignment about the cost of operations there and wanting to generate revenue. But I just thought since I do have some expertise on that it was my responsibility to bring that forward. COMMISSIONER HENNING: Yeah. Well, the contract, we didn't approve it, so that's something that should be addressed. CHAIRWOMAN HILLER: That's a very important point. Because, you know, again, those are issues that should be clearly -- COMMISSIONER NANCE: I've worked with people over time that have declined the option to put sod on their land just for that. Because the next thing you know, if you lower it two or three years, the next thing you know, you have Roseate Spoonbills or something feeding out there, and the next thing you know, you've established wetlands, and we all know where that goes. COMMISSIONER HENNING: Yeah, and it doesn't -- sod is not going to grow in the wetlands, so that does have to be spelled out within the contract. And my last thing is Merry Christmas to all. And happy New -- save happy New Year. CHAIRWOMAN HILLER: In fact, I wore this dress for new year. It's a white tie instead of a black tie. COMMISSIONER NANCE: Somehow I missed that. CHAIRWOMAN HILLER: You did? I got this for my New Page 289 December 10-11, 2013 Year's dress. Well, end of the year dress. The symbol -- COMMISSIONER HENNING: Let's take a picture with you. COMMISSIONER NANCE: With your hat on. CHAIRWOMAN HILLER: With my hat on. Commissioner Coyle? (Christmas toy on dais was activated.) COMMISSIONER COYLE: That's all I've got today. COMMISSIONER NANCE: We commented earlier that that gentleman may have had your proxy, Commissioner Coyle. COMMISSIONER COYLE: It's a good idea. I'll remember that at future meetings. CHAIRWOMAN HILLER: That monkey made all the right decisions. Commissioner Fiala? COMMISSIONER FIALA: Well, I have three items that I wanted to discuss. One of them is, at our landscaping workshop, which I thought was very good, but we didn't set up some -- a framework for how we want to move forward with that agenda -- or with that subject. And I thought maybe we should ask the County Manager to put together an agenda item for us so we can discuss what we plan on doing now and in the future to enhance and improve that. CHAIRWOMAN HILLER: And what we actually did -- what we actually did at that workshop is we asked staff to come back with alternatives for how we wanted to proceed with that. So staff should be coming back. And then the only question is to Commissioner Fiala's point, do you want to bring those alternatives back to another workshop before you bring it to the Board? And I think it would make sense, because it is something that we all collectively agree is very important to Collier County. And you know, whether it's a uniform standard for the whole county or a base standard that's uniform for the county with, you know, supplemental plantings, you know -- Page 290 December 10-11, 2013 COMMISSIONER FIALA: What the issue is, like for instance, if we want to look like Livingston. Livingston Road is gorgeous. And it would be nice for us to have that as a standard. But secondly, we also have to put together a schedule for the backlog that we've acquired because we haven't been able to landscape any of the roads. We need to get that in place. I know everybody will want to have the roads in their particular district finished. We also have to discuss, yeah, as I said before, what type of landscaping, because I think there's some disagreement on this Board as to what we want, and maybe we want a rural character for the rural area and a more Livingston Road character for the other parts of the county, so that might be something else. But I think we need to have it as a subject. Whether it be at a workshop again or not, I don't care. But I think we need to get this thing on the road and start moving forward with it. MR. OCHS: And staff is working on those alternatives, ma'am. I also think that it's probably best to bring it back one more time in a workshop setting and then back to the Board -- CHAIRWOMAN HILLER: I think that makes sense. MR. OCHS: -- for final action. I'll look to do that either in February or March. COMMISSIONER FIALA: Well, let's do it in February, if you wouldn't mind? I think that that would be good. Because it's going to take us a while to get this ball rolling anyway. So if we can at least begin, then we'd have to get it back on the agenda and so forth. So at least if we have some conclusions as to where we wanted to go then we can move it forward. Thank you very much. MR. OCHS: You're welcome. COMMISSIONER FIALA: Okay, that's the first item I had, and I appreciate that. The second item: At the meeting in November I had to leave and Page 291 December 10-11, 2013 I wasn't here to be able to talk about the subject. It was Item 12.A about -- regarding attendance at functions and having us vote on it. And I just wanted to make sure that nobody minds, I'm going to still put it on there. I know somebody said it cost $100 to put on a $10 item. I would love to have proof of that, by the way. And I don't want to cost anybody any money, but I'm still under the impression that it's a good idea to put it on there. I think the people not only should know, you know, what it's costing but they should also know where you're going and what you're doing and what your involvement is. So that's -- as long as it's a choice -- CHAIRWOMAN HILLER: It most certainly is. COMMISSIONER FIALA: -- then I would like to make that choice. And I'm just telling -- CHAIRWOMAN HILLER: But, you know, Commissioner Fiala, it is a choice. And in your spirit of transparency, really what you might want to do, because the bulk of your expenses are not going to the events, because the cost for the events are very small and it's part of our public service to attend when we're requested to attend or invited to attend. COMMISSIONER FIALA: How many times do you pay for out of your own pocket? I mean, I go to things all the time -- CHAIRWOMAN HILLER: Me too. COMMISSIONER FIALA: -- just paying for it out of my own pocket. CHAIRWOMAN HILLER: Me too. But the expense that really should be highlighted that isn't being highlighted, if you want to go that route and you want to be transparent -- and of course again it's your choice. And this, by the way, has always been a choice, okay, and that is your travel and your food expenses when you do travel. Because the travel expenses, even though there's a stated rate, it's not the question of the stated rate, the issue is, you know, how much you're asking for reimbursement, for example, when you charge the Page 292 December 10-11, 2013 county mileage or when you travel. And it's, you know, totally legitimate and totally justified. But if you want to go that route, you really should disclose all of that. I mean, it's just a suggestion but it's your choice. COMMISSIONER FIALA: It doesn't make any difference. CHAIRWOMAN HILLER: It's your choice. Because it's all public record. And that's what the public needs to understand. And what I'm going to do is I'm going to prepare a summary report at the end of the year that just lists, you know, all the events I went to. I mean, I personally don't take any money for mileage. I never charge when I travel for any county business, like going between offices or anything like that. You know, sometimes we have to go somewhere, you know, travel out of town and we do ask for reimbursement. I think all of that should be disclosed. COMMISSIONER FIALA: Yeah, that's fine -- CHAIRWOMAN HILLER: And I'm going to do an annual report, which I just think is just a more efficient way of letting everybody know. I mean, you can do it every month, I just choose to do it once a year. COMMISSIONER FIALA: Okay, that's fine. CHAIRWOMAN HILLER: And, you know, some other commissioners don't want to do it and that's okay -- COMMISSIONER FIALA: Let me just say, by the way -- CHAIRWOMAN HILLER: -- because it's public. COMMISSIONER FIALA: -- speaking of traveling -- CHAIRWOMAN HILLER: And there's nothing negative with that either. COMMISSIONER FIALA: -- we use the company car to travel. Deb White and I together, bless her heart, we travel together up to Daytona Beach. And I left here a lot later than I was hoping to, and so we're traveling along and we got as far as Tampa, but it was 9:00 already, 9:30, something like that, and we didn't know what the road Page 293 December 10-11, 2013 ahead was going to be because we were going on some kind of a road, I can't even remember the road number, 91 or something like that. But anyway, so we stopped for the evening and canceled our other reservation. We get up in the morning and we traveled through a really tough area that had bars on the windows and so forth. And I was so glad that we had taken the safe course and left early that morning. And then somebody -- just as we were coming out of the area somebody's beeping their horn and waving and waving and waving. And I rolled down the window and he said, you better pull over, your car's on fire. And so we -- our attempts to leave early in the morning didn't get us very far, because we had to take it in and we were stuck there for about three hours. But I wanted to say that we also made it safely, because that same thing would have happened but in the dark and in a neighborhood we didn't know. So, you know, God was blessing us that day. So that just got off on travel, so when you talked about travel. CHAIRWOMAN HILLER: But I just want to comment. One -- again, I want to make it very clear that with respect to those expenses, whether someone chooses -- whether a commissioner chooses to report it monthly or annually or quarterly or just, you know, keep their own log and, you know, respond to requests from the public, it is all public record. And it is there for everybody to see whenever they want to see it. And that's important that everybody knows that. COMMISSIONER FIALA: Yes, I understand that. And lastly, I wanted to talk about 92A. That is the road off 92. 92 is the back entrance to Marco Island. It's also the entrance to Goodland. And when you turn off 92, you turn onto 92A, which goes down into Goodland. And I don't know if any of you remember -- well, staff I'm sure does remember that. We -- it was a big discussion years back about 92A, the road to Goodland. Goodland is mostly in Page 294 December 10-11, 2013 the county, but there's -- the first street inside Goodland is divided down the middle. Half of it is in the City of Marco Island, that's the -- is that called Calusa Boat -- COMMISSIONER HENNING: Calusa Marine. COMMISSIONER FIALA: Marine? And then the other side of the street, the same street, is in the county. But what's happening with that road is it's flooding and each year the flooding is getting worse and worse and making it more difficult for the people to get in and out of Goodland. Now, at the time the subject came up many years ago when Bill Moss was still in office about that road and we were happy to keep that road in our possession, but it seems that Marco wanted to take over the road and so we acquiesced. But -- and we said but you need to fix this road because it's going bad every year and it's getting worse every year, and we'll give you a million dollars to use as you please, but we ask that you maintain that road and rebuild it. Well, nothing has happened, really. They filled some potholes. But the road has gotten worse and worse. And so we've asked Marco to take care of it, but apparently they haven't been able to do that up until this time. But the flooding is topping the road and it's washing away underneath. There are some problems with The Conservancy and the mangroves in the area. And so there's a lot of talk about putting some kind of culverts there. Well, whatever it is, being that we haven't been able to work closely with the City of Marco yet, I'm asking that we initiate a plan to improve Goodland, the Goodland Road area, and I'm asking that we direct the County Attorney and the County Manager to review the situation and bring back a letter for our Chairwoman or whomever is in office at the time, Chairman, if it isn't the first meeting of January -- well, you'll only be what, 15 minutes -- to the Chairman to execute requesting action on this item and a response within 90 days from Marco back to the Board. Page 295 December 10-11, 2013 So I was wondering if you would all agree to that. COMMISSIONER NANCE: You want to bring that forward as an agenda item where everybody can talk about it, or you just -- I mean, in principle I support it, certainly. You know, if you want to just have staff work something up, that's fine. I mean, I can support that. Have him look into it, see what's possible. COMMISSIONER FIALA: Okay. So Leo then maybe you can bring this back as an agenda item in January with a proposed letter and let us discuss it and you can possibly work with the City of Marco a little bit to let them know it's coming in case there's any negatives that we need to understand as well. MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: Would that be okay Board members? CHAIRWOMAN HILLER: Yeah, I think that's good. COMMISSIONER NANCE: Madam Chair, I just have one other thing I'd like to mention -- CHAIRWOMAN HILLER: Yeah, go ahead. COMMISSIONER NANCE: -- to the Board as a whole. COMMISSIONER FIALA: I didn't say, as I end this, Merry Christmas. Merry Christmas to you, to your families, Merry Christmas to everyone out there. And make it a joyous, loving Christmas. Thank you. COMMISSIONER NANCE: Thank you, ma'am. Finally, I have one thing I omitted, and I apologize to the Board. Commissioner Hiller, in her discussions on assignments and working with the different committees that the Board is going to engage in the coming year, has proposed a new liaisonship (sic), which of course the Board approved for her to serve on Community and Economic Development. And I was hoping to also have a kind of a companion item regarding business -- a liaison for business and industry, other than the tourist development industry, because they Page 296 December 10-11, 2013 already have the TDC, and I thought that it was appropriate if our other focal industries had some sort of mechanism to feed back to the Board. So I was hoping that Commissioner Hiller was going to really flesh out her vision for that, for the position that she had proposed, and I could do likewise and have something that was, you know, in a good organized fashion. CHAIRWOMAN HILLER: Can I make a suggestion? Because there's a difference between like a chairmanship and like the liaison that you're describing. What I would recommend -- I mean, and why don't we -- one of the things I think would be a really good idea is if, like for example you're so strong in the agricultural industry, that we designate you as the representative of the Board to agribusiness and be the agribusiness liaison, if you will. Rather than -- because one of the issues is, is you don't want a duplication of functions and since this new position will be the liaison to the Chamber and the Chamber really represents the business community, I would prefer to see you designated as the -- and I'll have to think of the appropriate title, but I think you should be the official link to the agribusiness, to the agro industry of Collier County. And that includes everything agro, whether it's directly farming or -- COMMISSIONER FIALA: Including my district as well, because we have farms there. CHAIRWOMAN HILLER: In the county as a whole. COMMISSIONER NANCE: Well, that's why I wanted to have this discussion, because I really feel like some of these other focal industries that we have are underrepresented. And I don't just mean on economic development, I mean -- CHAIRWOMAN HILLER: I understand. COMMISSIONER NANCE: -- that we're not feeding back to this Board -- CHAIRWOMAN HILLER: Right. But that's why I'm saying, Page 297 December 10-11, 2013 why don't -- the biggest industry where we have, you know, the opportunity -- I think we should start with the agricultural industry. COMMISSIONER NANCE: Well, that's certainly one of them. CHAIRWOMAN HILLER: That's huge. And I would start with suggesting that you be -- but let's think of the -- let me work on that and -- COMMISSIONER NANCE: That's what I'm asking. Let's try to figure out how it's going to be organized. Because I can see that we don't want to have overlap. And that's my point in making this request of you. Because, you know, you've got -- there's all sorts of regional things -- CHAIRWOMAN HILLER: And my concern -- COMMISSIONER NANCE: -- and the Office of Business and Economic Development and all sorts of overlap here, so we need to divide it. CHAIRWOMAN HILLER: But I think what's so important is the point you make and that is like, for example, tourism is well represented, but the agriculture industry is not represented at all. And it's been a very big one. COMMISSIONER NANCE: In my view the building industry does not have a good link to this Board. I'm sorry, they just don't. You can say they do you through the Chamber but, I mean, they're one of our legs of the three-legged stool. I truly believe if we would have had a better working relationship with that industry here, that some of these regulatory hurdles and thing that now we're trying to overcome would have not occurred in the first place. So I want to reach out to them and the -- you know, the health industry, if we're going to have that as a focal group. Let's just figure out how this interacts. CHAIRWOMAN HILLER: I do think you're making some very good points, but I do see just too much overlap between the two positions. COMMISSIONER NANCE: Well, let's figure out how it should Page 298 December 10-11, 2013 be organized. CHAIRWOMAN HILLER: Yeah, that's fine. Let me go ahead and work on that and I'll bring that back as a solution. COMMISSIONER NANCE: Yeah, you take the lead on it. I'm just trying to tag on what I identify as really a great idea. CHAIRWOMAN HILLER: Totally agree. But we'll come up with a structure that makes sense. COMMISSIONER NANCE: And I will serve at the pleasure of the Board whatever you decide. CHAIRWOMAN HILLER: So -- no, I think that's a very good point. And I'll work on that. To begin, I have to answer your question, Commissioner Nance, about this presentation that I made as our end of the year address and the supplemental really fantastic list of accomplishments that the Board and staff achieved for the benefit of the county. I am going to put this on our county's website with that supplemental list so everybody can get it. And it talks about like so many members of the Board gave me, you know, tremendous input. Commissioner Fiala talked for example about the Marco taxiway improvement and other projects. That's on that list. COMMISSIONER FIALA: South Beach. CHAIRWOMAN HILLER: Yeah, Commissioner Henning, yeah, talked about for example the consolidation of operations. Like for example the airports under the County Manager, the improved efficiencies and effectiveness that he led the initiative on which has been very successful. COMMISSIONER FIALA: Do you have a list from everybody? CHAIRWOMAN HILLER: I do. The staff has it. And they're just -- actually I gave them -- what I did is I drafted everything, gave it to Leo, it met with his approval, gave it to Jeff, met with his approval. And then what I asked Leo to do is to give it to the staff members to Page 299 December 10-11, 2013 make sure that what's on that list hasn't in any way, you know, changed or -- like for example I had a completion date on one project which was like a month off, and I wanted to make sure it was absolutely accurate. So staff is finalizing their review. And again, it is not a comprehensive list. It's not everything. Because we have so much, it's just unbelievable. It's the highlights. It's what I thought is representative of all the wonderful stuff. And I wish I could have, you know, taken all of our meetings, summarized every single one and the list would have been, you know, like seven chains to the moon because there was so much that we accomplished as a team this year. COMMISSIONER NANCE: Well, I'm going to make a motion that we accept your presentation with all the additions of the other Board members and that we compile that and make that part of the public record. CHAIRWOMAN HILLER: That sounds great, thank you. I appreciate that. COMMISSIONER FIALA: Did you second it? CHAIRWOMAN HILLER: Oh, okay, I'll second it. Or you second it. COMMISSIONER FIALA: Okay. CHAIRWOMAN HILLER: You second it. All in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Well, does it? COMMISSIONER HENNING: It does. CHAIRWOMAN HILLER: Just to make sure. So that's number one. So yes, the intent is to make all this public, Page 300 December 10-11, 2013 because the public needs to hear how good their government is and how hard their government is working for them. And that involves everyone. That's, you know, our County Manager, our County Attorney, their staffs, we as a Board. I mean, it is truly a tremendous team and it's a happy team, so -- COMMISSIONER FIALA: Never have we done this before. And we go into some of these election cycles and we get beaten up terribly because nobody's done anything, whereas we have accomplished so much. But we've never -- this is a fault of the Board of not only us but of the staff as well. We never beat our own drum, we never pat ourselves on our own back and so we get a lot of criticism from others and we just sit there and take it. So I think it's about time we did something like this. CHAIRWOMAN HILLER: Thank you, Commissioner Fiala. And not only is it criticism, but it's unfair criticism. Because it's founded on incomplete facts, incorrect facts, and perpetuated perception based on opinion rather than reality. And what we have here are facts. I mean, this is it. This is what we did, this is what we collectively voted on as a Board, this is what staff very successfully implemented. And the people should be proud. They made the right choices and we really have a great government. So that's number one. Number two, I want to talk to you a little bit exactly about this. So one day Commissioner Fiala said to me, wow, Commissioner Hiller, you're like wearing big girl lipstick. I mean, we can actually see your lips and they're bright red. And I laughed because I never wear this kind of lipstick except on special days, if you will. And it's very rare that I do. And I always wear the same lipstick every day. And I'm sure Commissioner Fiala wonders why I never change my lipstick. And this is girl talk, okay, or we'll call it girl code, one of the topics under girl code. It's very important. (At which time, Commissioner Henning exits the boardroom.) Page 301 December 10-11, 2013 CHAIRWOMAN HILLER: There's a new concept in business called basically philanthropic capitalism. And the lipstick I wear is made by Mac. And 100 percent of the proceeds goes to AIDS research. I've been wearing it for years and I will never buy any other lipstick except this one for like Christmas, Thanksgiving. COMMISSIONER FIALA: It looks good. You had it on yesterday. CHAIRWOMAN HILLER: I just wanted to share that with you. And that's basically all I have to say. It's been a great year and I really want to thank the Board members and Merry Christmas and Happy New Year. COMMISSIONER NANCE: Merry Christmas to everybody. MR. OCHS: Merry Christmas. CHAIRWOMAN HILLER: And happy holidays to everybody else who doesn't -- COMMISSIONER NANCE: As fascinating as this discussion has become, I'm going to make a motion that we adjourn. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: You don't want to talk about more lipstick? I'm really moved by, you know, philanthropic capitalism. I like it. So anyway, yes, so Christmas presents under the tree, lipstick, lipstick. COMMISSIONER NANCE: My only other male ally is gone, so I'm -- CHAIRWOMAN HILLER: This meeting is adjourned. Page 302 December 10-11, 2013 **** Commissioner Fiala moved, seconded by Commissioner Nance and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted on December 10, 2013 **** Item #16A1 RESOLUTION 2013-269: FINAL APPROVAL OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF REGAL ACRES (APPLICATION AR-13297) WITH ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY AND ACCEPTANCE OF PLAT DEDICATIONS — WITH ROADWAY AND DRAINAGE IMPROVEMENTS MAINTAINED BY THE HOMEOWNER'S ASSOCIATION Item #16A2 RECORD THE FINAL PLAT OF ESPLANADE AT HACIENDA LAKES PHASE ONE, (PL20130002273) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — FOR THE PROJECT NEAR THE COLLIER BOULEVARD/RATTLESNAKE HAMMOCK ROAD INTERSECTION Item #16A3 RECORD THE FINAL PLAT OF LIPARI-PONZIANE, TRACT FD-2 REPLAT (PL20130001949), A RE-SUBDIVISION OF LANDS IN THE TRAVISO BAY/WENTWORTH ESTATES PUD Page 303 December 10-11, 2013 — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO BEING ISSUED A FINAL APPROVAL LETTER OR THE PLAT RECORDATION Item #16A4 CLERK OF THE CIRCUIT COURT'S RELEASE OF A LETTER OF CREDIT IN THE AMOUNT OF $350,896, POSTED AS A DEVELOPMENT GUARANTY FOR WORK ASSOCIATED WITH TREVISO BAY EXCAVATION PERMIT NO. 59.917, 59.917-1, AR-6463 &AR-13732 — POSTED DECEMBER, 2005 FOR WORK ASSOCIATED WITH LAKE EXCAVATION Item #16A5 CLERK OF THE CIRCUIT COURT'S RELEASE OF PERFORMANCE BOND NUMBER 929541565 ISSUED BY CONTINENTAL INSURANCE COMPANY ON BEHALF OF LENNAR HOMES, LLC IN THE AMOUNT OF $30,641 .75, POSTED AS A GUARANTY FOR WORK ASSOCIATED WITH AQUA DI TREVISO AT TREVISO BAY, EXCAVATION PERMIT NO. 60.069 (PL20110001276) — POSTED APRIL, 2011 FOR WORK ASSOCIATED WITH LAKE EXCAVATIONS Item #16A6 RECORD THE FINAL PLAT OF CREEKSIDE COMMERCE PARK EAST, (APPLICATION AR-8411) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Page 304 December 10-11, 2013 Item #16A7 RECORD THE FINAL PLAT OF TUSCANY POINTE, (PETITION PPL-PL20130001473) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY— THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO BEING ISSUED THE FINAL APPROVAL LETTER OR PLAT RECORDATION Item #16A8 A PARTIAL RELEASE OF LIEN IN THE ACCRUED AMOUNT OF $79,430.86 FOR THE PAYMENT OF $530.86, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. ELIAS NICOT FOR 2.27 ACRE PARCEL NUMBER 38552520000 ON 37TH AVENUE NW (NO PHYSICAL ADDRESS) COLLIER COUNTY, FLORIDA — BECAUSE OF UNABATED CODE VIOLATIONS AT 670 20TH STREET NE A LIEN WAS PLACED ON ALL PROPERTY OWNED BY THE RESPONDENT; THIS PARTIAL REQUEST IS ONLY FOR A LIEN ON VACANT RESIDENTIAL PROPERTY WITH NO CODE VIOLATIONS AND UNDER NEW OWNERSHIP Item #16A9 RELEASE OF LIEN IN THE ACCRUED AMOUNT OF $102,000 FOR PAYMENT OF $2,800 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. RONALD TALERICO, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NUMBER CEROW20110014889, Page 305 December 10-11, 2013 RELATING TO PROPERTY AT 262 KIRTLAND DRIVE, COLLIER COUNTY, FLORIDA — FOR FINES RELATED TO A DRAINAGE S WALE IN THE REAR OF THE PROPERTY THAT WAS FILLED WITHOUT OBTAINING PERMITS AND INSPECTIONS THAT WAS BROUGHT INTO COMPLIANCE BY THE PROPERTY'S NEW OWNERS IN SEPTEMBER, 2013 Item #16A10 RELEASE OF LIEN IN THE ACCRUED AMOUNT OF $5,827.96 FOR PAYMENT OF $1,527.96 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. CRYSTAL PEPPER, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NUMBER CEPM20090011813, RELATING TO PROPERTY AT 3850 RECREATIONAL LANE, COLLIER COUNTY, FLORIDA — FOR UNPAID FINES REGARDING VIOLATIONS ON A POOL WITH GREEN WATER-ALGAE THAT WAS BROUGHT INTO COMPLIANCE WITH A CERTIFICATE OF TITLE RECORDED JULY, 2013 THAT CONVEYED PROPERTY TO NEW OWNER GSR MORTGAGE LOAN TRUST Item #16A11 RELEASE OF LIEN IN THE AMOUNT OF $21,912.38 FOR PAYMENT OF $562.38, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. TERESA LEE HANEY, CODE ENFORCEMENT CASE NUMBER CEAU20120004466, RELATING TO PROPERTY AT 857 105TH AVENUE N., COLLIER COUNTY, FLORIDA — A REQUEST DUE TO FINANCIAL HARDSHIP FOR FINES SURROUNDING A FENCE IN DISREPAIR BROUGHT INTO Page 306 December 10-11, 2013 COMPLIANCE BY THE ORIGINAL PROPERTY OWNER IN MAY, 2013 BY HAVING THE FENCE DEMOLISHED Item #16Al2 RELEASE OF LIEN IN THE ACCRUED AMOUNT OF $16,174.79 FOR PAYMENT OF $1,874.79 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. CHAD C. DIXON, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NUMBER CEPM20120016145, RELATING TO PROPERTY AT 2313 KINGS LAKE BLVD., COLLIER COUNTY, FLORIDA — FINES FOR AN UNMAINTAINED POOL WITH GREEN WATER-ALGAE BROUGHT INTO COMPLIANCE IN MAY, 2013 WITH A CERTIFICATE OF TITLE RECORDED AUGUST 16, 2013 CONVEYING THE PROPERTY TO CURRENT OWNER, FEDERAL NATIONAL MORTGAGE ASSOCIATION Item #16A13 TERMINATING CONTRACT #12-5857R FOR "NUISANCE ABATEMENT SERVICES" AWARDED TO FA REMODELING AND REPAIRS, INC. (PRIMARY) AND OLIVA ENTERPRISES, INC. (SECONDARY) AND AWARDING ALL SERVICES TO NEAL'S LAWN AND LANDSCAPING MAINTENANCE, INC. AND AUTHORIZING THE CHAIRWOMAN TO EXECUTE THE COUNTY ATTORNEY APPROVED AMENDMENT — DUE TO BILLING DISCREPENCIES THAT INCLUDED ADDITIONAL FEES NOT IN ACCORDANCE WITH THE ESTABLISHED CONTRACT FEE SCHEDULE, FAILURE TO RESPOND TO WORK REQUESTS AND THE INABILITY OF STAFF AND VENDORS TO REACH RESOLUTION ON THE ISSUES Page 307 December 10-11, 2013 Item #16A14 THE 2014 SCHEDULE FOR SUBMITTALS TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN (GMP) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A15 AN AGREEMENT PROVIDING EXXONMOBIL OIL CORP. ACCESS TO PERFORM ENVIRONMENTAL INVESTIGATIONS AND REMEDIATION ACTIVITIES (FISCAL IMPACT: $44.00) — FOR PROPERTY PREVIOUSLY OWNED BY EXXON TO SEARCH FOR ANY POSSIBLE PRESENCE OF SOIL OR GROUNDWATER CONTAMINATION ON THE PROPERTY, ACQUIRED BY THE COUNTY FOR US-41/COLLIER BLVD INTERSECTION IMPROVEMENT PROJECT #60116 Item #16A16 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A DRAINAGE, ACCESS AND MAINTENANCE EASEMENT REQUIRED FOR THE CONSTRUCTION OF STORM WATER IMPROVEMENTS KNOWN AS THE "CREWS ROAD, COPE LANE AND SANDY LANE/WING SOUTH INTERCONNECT" SEGMENT OF LELY AREA STORMWATER IMPROVEMENT PROJECT NO. 51101 . (ESTIMATED FISCAL IMPACT: $1,027) — A 9,015 SQUARE FOOT PARCEL JUST WEST OF SANTA BARBARA BOULEVARD OWNED BY FALLING WATERS MASTER ASSOCIATION, INC. Item #16A17 Page 308 December 10-11, 2013 BUDGET AMENDMENT RECOGNIZING CARRY FORWARD FOR PROJECTS IN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) IN THE AMOUNT OF $8,500 — COLLECTED AS PAYMENT-IN-LIEU THAT'S REQUIRED TO BE TRACKED AND SPENT ON PROJECTS/STUDIES IDENTIFIED FOR MITIGATION OR REQUIRED PUD MONITORING Item #16A18 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR VERONA POINTE, AR-10279, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE A FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT— STAFF CONDUCTED A FINAL INSPECTION AND FOUND THE FACILITIES ACCEPTABLE Item #16A19 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR MARGOOD HARBOR PARK, PL20110002508 — STAFF'S FINAL INSPECTION FOUND THE FACILITIES ACCEPTABLE Item #16A20 PAYMENT OF PREVIOUSLY SUBMITTED INACCURATE FY 12 INVOICES TO BETTER ROADS, INC., IN THE AMOUNT OF $37,929.53, FOR ITS APPLICATION OF SIDEWALK OVERLAY ON PELICAN BAY BLVD. UNDER COUNTY ANNUAL RESURFACING CONTRACT #09-5328 — AS DETAILED IN THE EXECUTIVE SUMMARY Page 309 December 10-11, 2013 Item #16A21 AN EASEMENT AGREEMENT REQUIRED FOR THE "CREWS ROAD, COPE LANE AND SANDY LANE/WING SOUTH INTERCONNECT" SEGMENT LELY AREA STORMWATER IMPROVEMENT PROJECT #51101 (ESTIMATED FISCAL IMPACT: $6,900) — A 5,877 SQUARE FOOT PARCEL LOCATED ON POLLY AVENUE OWNED BY MR. MARK TROEDEL Item #16A22 AWARDING A PURCHASE ORDER UNDER ANNUAL ROADWAY CONTRACT #12-5864 TO QUALITY ENTERPRISES USA, INC., FOR MEDIAN SAFETY MODIFICATIONS ON COLLIER BOULEVARD AT THE ENTRANCE TO THE FOREST GLEN GOLF AND COUNTRY CLUB IN THE AMOUNT OF $127,272.85 — PER A JUNE 2013 COST SHARE AGREEMENT THE FOREST GLEN HOA HAS PAID THEIR PORTION OF THE CONSTRUCTION COSTS Item #16A23 INVOKING AN EXEMPTION IN THE COUNTY PURCHASING POLICY (SECTION VII, PARAGRAPH H), TO WAIVE COMPETITIVE BIDDING AND INCREASE AN EXISTING PURCHASE ORDER IN THE AMOUNT OF $15,000 TO COVER REAL ESTATE APPRAISAL RESEARCH FEES AND EXPERT WITNESS TESTIMONY COSTS ANTICIPATED IN SUPPORT OF EMINENT DOMAIN LITIGATION FOR US-41/COLLIER BOULEVARD INTERSECTION IMPROVEMENT PROJECT #60116 (FISCAL IMPACT: $15,000) — A PURCHASE ORDER Page 310 December 10-11, 2013 WITH EQUABLE REAL ESTATE SOLUTIONS, LLC FOR THE JANUARY, 2014 EXPECTED JURY TRIAL Item #16A24 INVOKING AN EXEMPTION IN THE COUNTY PURCHASING POLICY (SECTION VII, PARAGRAPH H), WAIVING COMPETITION REQUIRED BY THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT "CCNA" AND INCREASING AN EXISTING PURCHASE ORDER IN THE AMOUNT OF $20,000 TO COVER ENGINEERING FEES AND EXPERT WITNESS TESTIMONY COSTS ANTICIPATED IN SUPPORT OF EMINENT DOMAIN LITIGATION FOR US-41/ COLLIER BOULEVARD INTERSECTION IMPROVEMENT PROJECT #60116 (FISCAL IMPACT: $20,000) — A PURCHASE ORDER WITH JOSEPH ROLES AND ASSOCIATES, INC. FOR A JURY TRIAL EXPECTED IN JANUARY, 2014 Item #16A25 — Moved to Item #11I (Per Agenda Change Sheet) Item #16A26 — Added (Per Agenda Change Sheet) RELEASE OF LIEN IN THE AMOUNT OF $31,330.86 FOR PAYMENT OF $23, 976.96, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. J.P. MORGAN CHASE BANK, CODE ENFORCEMENT BOARD CASE NO. CESD20130000542, RELATING TO PROPERTY LOCATED AT 321 7TH STREEET NW, COLLIER COUNTY, FLORIDA — BROUGHT INTO COMPLIANCE OCTOBER 25, 2013 WAIVING THE PRIOR OWNER'S FEES IN THE AMOUNT OF $7,353.90 AT THE REQUEST OF THE NEW PROPERTY OWNERS Page 311 December 10-11, 2013 Item #16B1 THE BOARD OF COUNTY COMMISSIONERS (BCC), AS THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA), AUTHORIZE A BUDGET AMENDMENT FOR A DISASTER RECOVERY INITIATIVE (DRI) SUBGRANT IN THE AMOUNT OF $517,300 TO FUND DRAINAGE SYSTEM IMPROVEMENTS AND SIDEWALKS ALONG COLORADO AVENUE WITHIN THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA — TO RECOGNIZE DRI GRANT AWARD #10DB-D4-09-21-01-K09 SUBMITTED PER BOARD APPROVAL AGENDA ITEM #16D3 ON APRIL 23, 2013 Item #16B2 THE BOARD OF COUNTY COMMISSIONERS, ACTING IN ITS CAPACITY AS COMMUNITY REDEVELOPMENT AGENCY (CRA), TO APPROVE THE IMMOKALEE CRA'S AMENDED PROPOSED EXIT STRATEGY FOR THE IMMOKALEE BUSINESS DEVELOPMENT CENTER (IBDC) AND AUTHORIZE THE COUNTY ATTORNEY TO PREPARE NECESSARY DOCUMENTS FOR FUTURE CRA BOARD CONSIDERATION — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B3 THE BOARD OF COUNTY COMMISSIONERS, ACTING IN ITS CAPACITY AS COMMUNITY REDEVELOPMENT AGENCY (CRA), TO APPROVE A GRANT BUDGET AMENDMENT IN THE AMOUNT OF $150,000, AND FORMALLY ACCEPT AN Page 312 December 10-11, 2013 AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT #B-10-UC-12- 0016 BETWEEN COLLIER COUNTY BCC AND THE COLLIER COUNTY IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY (CRA) AND APPROVE AN UNDERLYING SUBSTANTIAL AMENDMENT — AMENDMENT #3 TO THE 2012 SUBRECIPIENT AGREEMENT RECOGNIZING GRANT REVENUE BEING USED TO CONSTRUCT THE FIRST STREET PLAZA IN DOWNTOWN IMMOKALEE REVISING THE PROJECT'S TOTAL BUDGET TO $960,000 Item #16B4 CRA RESOLUTION 2013-270: THE BOARD OF COUNTY COMMISSIONERS ACTING IN ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AMENDS RESOLUTION 2001-98 MODIFYING THE CRA'S BYLAWS BY CHANGING THE ANNUAL CRA MEETING FROM MARCH TO JANUARY EVERY YEAR Item #16B5 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS COLLIER COUNTY'S COMMUNITY REDEVELOPMENT AGENCY (CRA), APPROVES CHANGE ORDER 2 TO CONTRACT #12-5896 BETWEEN THE CRA AND DAVID CORBAN ARCHITECTS, PLLC FOR DESIGN SERVICES ASSOCIATED WITH THE FIRST STREET ZOCALO PROJECT IN IMMOKALEE TO EXTEND THE PROJECT'S COMPLETION DATE AND HAS NO FISCAL IMPACT - EXTENDING THE COMPLETION DATE OF JANUARY 7, 2014 TO MAY 31, 2014 Page 313 December 10-11, 2013 Item #16B6 AWARD INVITATION TO BID (ITB) #13-6067, IMMOKALEE'S FIRST STREET PUBLIC PLAZA PROJECT #33192 (A/K/A "ZOCALO" OR "PLACITA") TO SURETY CONSTRUCTION, INC., IN THE AMOUNT OF $576,256, APPROVE ALL NECESSARY BUDGET AMENDMENTS AND AUTHORIZE THE CHAIRWOMAN TO SIGN THE CONTRACT — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C1 RESOLUTION 2013-271 : SATISFACTIONS OF LIEN FOR 1993, 1994, 1995, AND 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHERE COLLIER COUNTY HAS RECEIVED PAYMENT FOR FULL SATISFACTION OF LIENS. (FISCAL IMPACT: $68.50 TO RECORD THE SATISFACTIONS OF LIEN) — FOR PAYMENTS ON ACCOUNT NO. 2192, 1821, 2053, 2053 AND 18885 Item #16C2 AWARD INVITATION TO BID #13-6179, NCRWTP SULFURIC ACID INJECTION IMPROVEMENTS FOR BLOWDOWN WATER DISPOSAL TO MITCHELL & STARK CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $673,000, PROJECT NO. 70104 — A PROJECT INVOLVING INJECTING SULFURIC ACID INTO THE WASTE STREAM (BLOWDOWN) LOWERING PH LEVELS SO IT CAN BE BLENDED WITH CONCENTRATED WASTE FOR DISPOSAL VIA DEEP INJECTION WELL Item #16C3 Page 314 December 10-11, 2013 UTILIZING LEE COUNTY'S COMPETITIVELY SOLICITED AWARD NO. #B-130513, ELECTRIC MOTOR REPAIR & REPLACEMENT SERVICES WITH JOHN MADER ENTERPRISES, INC., (D/B/A MADER ELECTRIC MOTORS) FOR MAINTENANCE & REPAIR OF PUMPS AND MOTORS IN PUBLIC UTILITIES AND ALL OTHER COUNTY OPERATING DEPARTMENTS — AN AGREEMENT THRU SEPTEMBER 24, 2014 WITH FOUR ONE (1) YEAR RENEWAL OPTIONS BUDGETED IN FY14 FOR $975,000 Item #16C4 RESOLUTION 2013-272: REMOVING UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RESPECTIVE BALANCES FROM FINANCIAL RECORDS OF COLLIER COUNTY PUBLIC UTILITIES DIVISION IN THE AMOUNT OF $26,117.56 Item #16C5 A WORK ORDER UNDER CONTRACT #08-5011-107, IN THE AMOUNT OF $377,369, TO DOUGLAS N. HIGGINS, INC., FOR SOUTH COUNTY REGIONAL WATER TREATMENT PLANT ODOR CONTROL BLOWDOWN DISPOSAL PROJECT #70104 Item #16D1 FIVE (5) SATISFACTIONS OF MORTGAGE IN THE AMOUNT OF $52,652.50 FOR OWNER OCCUPIED DWELLING UNITS THAT HAVE SATISFIED TERMS OF THEIR AFFORDABILITY PERIOD OR FOR DEATH OF AN OWNER — FOR PROPERTY AT 707 PALM RIDGE DRIVE, 502 BREEZEWOOD DRIVE AND Page 315 December 10-11, 2013 412 S. 3RD STREET IN IMMOKALEE AND IN NAPLES AT 840 BRIARWOOD BOULEVARD AND 4132 20TH AVENUE SW Item #16D2 ONE (1) MORTGAGE SATISFACTION FOR A STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN IN THE AMOUNT OF $3,920 — FOR PROPERTY AT 3660 6TH AVENUE SE, NAPLES Item #16D3 TWO MEMORANDUMS OF AGREEMENT WITH FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) IN ORDER TO ALLOW FWC TO CONDUCT YOUTH HUNTS FOR COLLIER COUNTY RESIDENTS AT PEPPER RANCH PRESERVE IN JANUARY AND FEBRUARY 2014 — PLANNED FOR THE WEEKENDS OF JANUARY 10 & FEBRUARY 21, 2014 Item #16D4 A COMPREHENSIVE OPERATIONAL ANALYSIS (COA) FOR COLLIER AREA TRANSIT — AN ANALYSIS DONE BY CDM SMITH, INC., VETTED THROUGH THE MPO AND PUBLIC TRANSIT AD-HOC COMMITTEE, TO IDENTIFY CAT'S STRENGTHS AND WEAKNESSES AND RECOMMEND WAYS TO IMPROVE PRODUCTIVITY AND SERVICE EFFICIENCY Item #16D5 INVITATION TO BID (ITB) #13-6186, CONSTRUCTION OF VANDERBILT BEACH RESTROOM FACILITIES TO COMPASS Page 316 December 10-11, 2013 CONSTRUCTION, INC. IN THE AMOUNT OF $931,926 AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE CONTRACT — INCLUDES A 868 SF RESTROOM, SHOWER AND FOOT WASH FACILITIES, ADDITIONAL BOARDWALKS CONNECTING THE NEW FACILITY WITH ADJACENT SIDEWALKS AND AN EXISTING FACILITY WITH EXISTING AND PROPOSED LANDSCAPING Item #16D6 ACCEPTING A STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) MORTGAGE AND PROMISSORY NOTE IN THE AMOUNT OF $41,937.21 WITH A FIFTEEN (15) YEAR LOAN TERM EFFECTIVE 10/5/2009 A ONE-TIME EXCEPTION TO THE 2007-2010 LOCAL HOUSING ASSISTANCE PLAN (LHAP) TO ALLOW AN ALTERNATE PAYMENT TERM — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D7 AFTER-THE-FACT AMENDMENT #4 TO AN OLDER AMERICANS ACT TITLE III B CONTRACT, TRANSFERRING FUNDS FROM TRANSPORTATION TO CASE MANAGEMENT AND IN-HOME SERVICES AND TO APPROVE A NECESSARY BUDGET AMENDMENT (NET FISCAL IMPACT: $31,200) — AMENDS AGREEMENT OAA 203.13.004 FOR THE PROGRAM FUNDED THROUGH THE FLORIDA DEPARTMENT OF ELDER AFFAIRS AND ADMINISTERED BY SENIOR CHOICES OF SOUTHWEST FLORIDA Item #16D8 Page 317 December 10-11, 2013 TWO STATE HOUSING INITIATIVE PROGRAM (SHIP) SATISFACTIONS OF MORTGAGE IN THE AMOUNT OF $77,000 AND $5,500 — TO OBTAIN CLEAR TITLE TO PROPERTY AT 402 3RD STREET SOUTH IN IMMOKALEE, DEEDED TO COLLIER COUNTY IN LIEU OF FORECLOSURE Item #16D9 A CONTRACT AMENDMENT BETWEEN THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR CHOICES OF SOUTHWEST FLORIDA AND COLLIER COUNTY TO EXTEND THE GRANT PERIOD THRU FEBRUARY 28, 2014, AND AUTHORIZE NECESSARY BUDGET AMENDMENTS TO REFLECT ESTIMATED FUNDING FOR CALENDAR YEAR 2014 OLDER AMERICANS ACT PROGRAMS (NET FISCAL IMPACT: $778,737) — AGREEMENT OAA 203.13.005 AMENDMENT NO. 5 TO EXTEND THE AGREEMENT THROUGH FEBRUARY 28, 2014 OR UNTIL A NEW AGREEMENT IS EXECUTED Item #16D10 FOUR (4) DISASTER RECOVERY GRANT SIGNATURE AUTHORITY FORMS FOR SUBMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO REFLECT THE SIGNATURES OF CURRENT STAFF — GRANTING AUTHORITY TO BENDISA MARCU, EDMOND KUSHI, LISA OIEN AND LORI FISHER WITH THE HOUSING, HUMAN AND VETERAN SERVICES FOR GRANT #07DB-3 V-09-21-01-Z01, #08DB-D3-09-21-01-A03, #10DB-D4-09-21-01-K09 AND #12DB-P5-09-21-01-K39 Page 318 December 10-11, 2013 Item #16D11 RESOLUTION 2013-273: APPROVING THE FY 2012-2013 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), THE HOME INVESTMENT PARTNERSHIP (HOME) AND EMERGENCY SOLUTIONS GRANT (ESG) FOR FISCAL YEAR 2012-2013 AS REQUIRED; APPROVE THE CAPER RESOLUTION; AND AUTHORIZE THE CHAIR TO CERTIFY THE CAPER FOR SUBMISSION TO HUD Item #16D12 ACKNOWLEDGING TERMINATION LETTERS FROM DISASTER RECOVERY INITIATIVE AND DISASTER RECOVERY ENHANCEMENT GRANT SUBRECIPIENTS: COLLIER COUNTY HOUSING AUTHORITY (CCHA) AND IMMOKALEE HOUSING AND FAMILY SERVICES (IHFS) FOR PROJECTS IN THE AMOUNTS OF $1,359,966.72 (2 PROJECTS) AND $90,000, RESPECTIVELY. REPROGRAMMING GRANT FUNDS WILL BE PRESENTED TO THE BOARD AT A FUTURE MEETING — FOR PROJECTS IN IMMOKALEE AT FARM WORKER VILLAGE AND AT THE CARL KUEHNER COMMUNITY CENTER BECAUSE THE SUBRECIPIENTS ARE UNABLE TO SECURE FUNDING Item #16D13 BUDGET AMENDMENT RECOGNIZING $33,900 IN PROGRAM INCOME REVENUE GENERATED BY AFFORDABLE RENTAL Page 319 December 10-11, 2013 PROPERTIES ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP1) — FOR NSP PROPERTY AT 5318, 5322, 5330, 5334 AND 5340 GILCHRIST STREET, NAPLES Item #16D14 A BUDGET AMENDMENT RECOGNIZING $245,250.26 IN PROGRAM INCOME REVENUE GENERATED WHEN CONVEYING PROPERTIES ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP1) — FOR NSP PROPERTY AT 2820 47TH AVE NE, 3402 SEMINOLE AVE, 3502 CALOOSA STREET AND 4735 6TH AVE SE Item #16D15 MULTIPLE SUBSTANTIAL AMENDMENTS TO VARIOUS YEARS OF ANNUAL ACTION PLANS, AMENDING PROJECT SCOPES AND FUNDING OF VARIOUS PROJECTS UTILIZING U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PARTNERSHIP INVESTMENT (HOME) FUNDS AND APPROVE FOUR (4) SUBRECIPIENT AGREEMENTS FUNDED WITH HUD CDBG FUNDS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D16 CHAIRWOMAN TO SIGN THE FY 2013-2014 STATE AID TO LIBRARIES GRANT AGREEMENT (FISCAL IMPACT: $219,000) — WITH FUNDING USED FOR OPERATING PURPOSES, PERSONNEL, MATERIALS AND EQUIPMENT Page 320 December 10-11, 2013 Item #16D17 COUNTY MANAGER OR HIS DESIGNEE TO ENTER INTO A FACILITY RENTAL AGREEMENT WITH NAPLES MODEL YACHT CLUB, INC. FOR USE OF THE NORTH COLLIER REGIONAL PARK (NCRP) POND DURING DESIGNATED DATES AND TIMES — THE NON-PROFIT CLUB WITH OVER 65 MEMBERS WAS ESTABLISHED IN 1982 FOR REMOTE CONTROL BOAT ENTHUSIASTS WILL USE THE FACILITY APPROXIMATELY 250 DAYS YEARLY ON MONDAYS, TUESDAYS, WEDNESDAYS, THURSDAYS AND SATURDAYS FOR A TERM OF ONE (1) YEAR AND $500 FEE Item #16D18 A DEVELOPER COMMITMENT AGREEMENT WITH FIFTH THIRD BANK AND CONVEYING AN EASEMENT TO FIFTH THIRD BANK ON COUNTY PROPERTY, PROJECT NO. 80065.1 AND AUTHORIZED A $20,250 BUDGET AMENDMENT — PART OF THE GOODLETTE-FRANK/FLEISCHMANN ROAD NAPLES ZOO ENTRANCE AND GORDON RIVER GREENWAY PARK PROJECTS TO ACCESS ROADWAY OVER COUNTY PROPERTY Item #16D19 AWARD INVITATION TO BID (ITB) #13-6157, SENIOR FOOD PROGRAM TO ILS GROUP, LLC, D/B/A CLASSIC CATERERS AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE A COUNTY ATTORNEY APPROVED CONTRACT — TO PREVENT ANY LAPSE IN SERVICES THE COUNTY WILL TRANSITION FROM CURRENT CONTRACT #12-5799 WITH Page 321 December 10-11, 2013 GA FOODS TO THE NEW CONTRACT WITH CLASSIC CATERERS THROUGH JANUARY 31, 2014 Item #16D20 AFTER-THE-FACT APPROVAL TO SUBMIT A HOLIDAY WISHES GRANT APPLICATION TO PETCO'S FOUNDATION FOR AN ANIMAL WELFARE GRANT IN AN AMOUNT OF UP TO $100,000 — FUNDS WILL BE USED TO EXPAND PROGRAMS, SERVICES AND UPGRADE THE DOMESTIC ANIMAL SERVICES FACILITY Item #16D21 RECOGNIZING CARRYFORWARD IN THE AMOUNT OF $156,201 .04 IN HOUSING GRANT FUND 121 AND APPROVE THE NECESSARY BUDGET AMENDMENTS — TO ACCOUNT FOR UNAPPROPRIATED PROGRAM INCOME AND REVENUE Item #16D22 AMENDMENT NO. 1 TO A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT BETWEEN COLLIER COUNTY AND THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY (CRA) TO UPDATE BUDGET LINE ITEMS AND EXTEND THE PROJECT COMPLETION DATE. (FISCAL IMPACT: $0) — GRANT #B-12-UC-12-0016 EXTENDING A COMPLETION DATE OF DECEMBER 10, 2013 TO FEBRUARY 28, 2014, DECREASING SALARY BY $1,925 AND INCREASING BENEFITS BY $1,925 Item #16D23 Page 322 December 10-11, 2013 GRANTING A DEED OF CONSERVATION EASEMENT TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR THE OAKES NEIGHBORHOOD PARK —TO COMPLY WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT PERMIT NO. 11-02737-P, THE COUNTY MUST PLACE THE 3.2 ± ACRE PORTION OF ON-SITE WETLANDS IN THE 5.22 ACRE PARK UNDER A CONSERVATION EASEMENT AND IMPLEMENT A MITIGATION PROGRAM Item #16D24 COLLIER COUNTY UNIVERSITY EXTENSION DEPARTMENT'S REQUEST FOR FUNDING FROM THE COLLIER COUNTY 4-H ASSOCIATION IN THE AMOUNT OF $82,000; APPROVE ACCEPTANCE OF REQUESTED FUNDS; AUTHORIZE THE CHAIR TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE COLLIER COUNTY 4-H ASSOCIATION; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT — TO CONTINUE YOUTH DEVELOPMENT PROGRAMS FOR THE PERIOD JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 WITH AN OPTION OF THREE (3) ADDITIONAL 1-YEAR RENEWALS Item #16D25 AMENDING A HOME CARE FOR THE ELDERLY (HCE) AGREEMENT BETWEEN COLLIER COUNTY AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR CHOICES OF SOUTHWEST FLORIDA TO INCREASE FUNDING BY TRANSFERRING FUNDS BETWEEN BUDGET Page 323 December 10-11, 2013 LINES FOR YEAR TWO (2013-2014) (FISCAL IMPACT: $6,254) — AMENDMENT NO. 7 TO CONTRACT #HCE 203.12.007 Item #16E1 AWARD BID #13-6111, ANNUAL CONTRACT FOR PAINTING CONTRACTORS, TO COVER ALL, INC., D/B/A RON'S JONS PORTA POTTY RENTAL; FLORIDA SERVICE PAINTING, INC., D/B/A SERVICE PAINTING OF FLORIDA; AND FA REMODELING AND REPAIRS, INC. — A 2-YEAR AGREEMENT WITH TWO (2) ADDITIONAL 1-YEAR RENEWAL PERIODS FOR PAINTING SERVICES AVERAGING $80,000 ANNUALLY Item #16E2 PURCHASE OF GROUP HEALTH REINSURANCE COVERAGE FOR CALENDAR YEAR 2014 IN THE ESTIMATED AMOUNT OF $776,056 TO SUNLIFE INSURANCE COMPANY — TO PROTECT THE COUNTY'S GROUP HEALTH FUND FROM CATASTROPHIC LOSSES Item #16E3 COLLIER COUNTY GOVERNMENT'S EMPLOYEE BENEFIT PLAN DOCUMENT, FLEXIBLE BENEFITS PLAN DOCUMENT AND HEALTH REIMBURSEMENT ARRANGEMENT DOCUMENT EFFECTIVE JANUARY 1, 2014 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E4 Page 324 December 10-11, 2013 A NECESSARY BUDGET AMENDMENT IN THE AMOUNT OF $45,842 FOR BUILDING REPAIRS RELATED TO THE EMS #3 HELICOPTER OPERATIONS HANGER — FOR INDOOR AIR QUALITY AND STRUCTURAL ISSUES THAT WILL BE COMPLETED BY WRIGHT CONSTRUCTION GROUP, INC., UNDER CONTRACT #10-5510 "ANNUAL CONTRACT FOR GENERAL CONTRACTOR SERVICES" Item #16E5 MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND EDISON STATE COLLEGE IN SUPPORT OF EMERGENCY MANAGEMENT ACTIVITIES RELATED TO NATURAL AND MANMADE HAZARDS EMERGENCY RESPONSE — AN AGREEMENT PERIOD OF THREE (3) YEARS WITH TWO 1-YEAR RENEWAL OPTIONS Item #16E6 AWARDING BID #13-6057, ON-CALL MECHANICAL CONTRACTOR SERVICES, TO JOHNSON CONTROLS, INC. AS PRIMARY VENDOR AND CONDITIONED AIR CORPORATION OF NAPLES, INC., SECONDARY VENDOR, FOR MECHANICAL ENGINEERING AND CONTRACTOR SERVICES AND AUTHORIZE THE CHAIR TO SIGN THE CONTRACTS — A 1-YEAR CONTRACT WITH THREE 1-YEAR RENEWAL OPTIONS FOR MAINTENANCE, REPAIR, CAPITAL REPLACEMENT & CONSTRUCTION ON COUNTY FACILITIES Item #16E7 Page 325 December 10-11, 2013 RECOGNIZING CARRY FORWARD FROM ACCRUED INTEREST EARNED BY EMS COUNTY GRANT REVENUE AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,161 .82 Item #16E8 CONTRACT #12-5846, CONTRACTED LABORERS, WITH BALANCE STAFFING WITHIN BOARD APPROVED OPERATING BUDGETS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E9 ACCEPT REPORTS AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — THE PERIOD OF OCTOBER 18, 2013 TO NOVEMBER 19, 2013 Item #16E10 AUTHORIZING THE CHAIRWOMAN TO EXECUTE A SETTLEMENT AGREEMENT WITH FLORIDA DEPARTMENT OF HEALTH TO SETTLE AN ADMINISTRATIVE COMPLAINT CAPTIONED FLORIDA DEPARTMENT OF HEALTH V. COLLIER COUNTY EMS, CASE NO. 2013-06440, IN THE AMOUNT OF $1,500 — FOR FAILING TO SUBMIT THE ADVANCED LIFE SUPPORT PROVIDER APPLICATION ON TIME, AS REQUIRED BY SECTION 401 .26(5)(A), FLORIDA STATUTES BECAUSE OF A MISUNDERSTANDING REGARDING THE RENEWAL DATE WITH PRECAUTIONS ESTABLISHED TO ENSURE THIS WILL NOT HAPPEN IN THE FUTURE Item #16E11 Page 326 December 10-11, 2013 THIS ITEM CONTINUED FROM THE NOVEMBER 12, 2013 BCC MEETING. RECOMMENDATION TO AUTHORIZE THE COUNTY MANAGER AND STAFF TO USE FEDERAL GSA SCHEDULES (I.E. SCHEDULE 70 & 1122 PROGRAM); STATE OF FLORIDA CONTRACTS, AGREEMENTS AND PRICE LISTS; COMPETITIVELY SOLICITED CONTRACTS BY US COMMUNITIES, WESTERN STATES CONTRACTING ALLIANCE, NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE (NIPA), NATIONAL JOINT POWERS ALLIANCE (NJPA) PUBLIC PURCHASING CONSORTIUMS; AND COMPETITIVE SOLICITATIONS FROM STATE OF FLORIDA CITIES, COUNTIES, AND OTHER PUBLIC MUNICIPALITIES (I.E. SHERRIFF'S ASSOCIATION) FOR THE EFFICIENT PURCHASE OF GOODS AND SERVICES FOR THE DELIVERY OF PUBLIC SERVICES USING FUNDS APPROVED IN OPERATING BUDGETS Item #16F1 RESOLUTION 2013-274: THIS ITEM CONTINUED FROM THE OCTOBER 22, 2013 BCC MEETING. RECOMMENDATION TO APPROVE AN AMENDMENT TO THE TOURISM TRAVEL EXPENSE RESOLUTION 2006-40 RELATED TO COUNTY PURCHASING CARD LIMITS CONSISTENT WITH COUNTY PURCHASING POLICY AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM — SUPERSEDING RESOLUTION 2004-370 Item #16F2 Page 327 December 10-11, 2013 REFUNDING AN AFFORDABLE HOUSING CONTRIBUTION TO NAPLES NISSAN, TOTALING $23,788.50, DUE TO THE REMOVAL OF AN AFFORDABLE HOUSING CONTRIBUTION COMMITMENT FROM THE PINE VIEW COMMERCIAL PUD — FOR A 2008 CONTRIBUTION BY MEETING THE CURRENT CRITERIA THAT ALLOWS FOR A REFUND Item #16F3 RESOLUTION 2013-275: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO FY13/14 ADOPTED BUDGET Item #16F4 AGREEMENTS WITH HAYNES CORPORATION FOR ECONOMIC INCENTIVES, CONSISTENT WITH THE COMPANY'S APPROVED APPLICATION AND AS DIRECTED BY THE BOARD AT THEIR JUNE 11, 2013 MEETING — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F5 THE PAYMENT OF IMPACT FEES, PERMIT FEES AND ASSOCIATED CHARGES IN THE AMOUNT OF $16,041 .16 FROM FUND 107, IMPACT FEE ADMINISTRATION, FOR BUILDING PERMIT NO. 2006062448 — REGARDING A 2006 EXPIRED PERMIT AND CODE ENFORCEMENT VIOLATION FEES THAT WERE NOT DISCUSSED WITH NEW OWNERS OF RESIDENTIAL PROPERTY AT 5220 40TH STREET, NE Item #16G1 Page 328 December 10-11, 2013 AA RESOLUTION 2013-276: SUSPENDING HANGAR RENT, TIE-DOWN, AND OTHER APPLICABLE USE AGREEMENT FEES AT THE MARCO ISLAND EXECUTIVE AIRPORT DURING THE TIME THE AIRPORT IS CLOSED FOR REHABILITATION CONSTRUCTION OF RUNWAY 17/35 Item #16G2 BOARD OF COUNTY COMMISSIONERS ACTING AS THE GOVERNING BODY OF THE COLLIER COUNTY AIRPORT AUTHORITY APPROVE AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE STANDARD TIE-DOWN AGREEMENTS FOR EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND EXECUTIVE AIRPORT — MODIFYING THE 2011 APPROVED AGREEMENT TO ENSURE CONSISTENT TREATMENT OF TENANTS, SUSTAIN OCCUPANCY AND MAINTAIN A REVENUE STREAM FOR THE FACILITIES IN THE ABSENCE OF AN AIRPORT EXECUTIVE DIRECTOR Item #16G3 BOARD OF COUNTY COMMISSIONERS ACTING AS THE GOVERNING BODY OF THE COLLIER COUNTY AIRPORT AUTHORITY APPROVE AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE STANDARD T-HANGAR LEASE AGREEMENTS FOR THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND EXECUTIVE AIRPORT— MODIFYING AN AGREEMENT APPROVED IN 2011 TO ENSURE CONSISTENT TREATMENT OF TENANTS, SUSTAIN OCCUPANCY AND Page 329 December 10-11, 2013 MAINTAIN A REVENUE STREAM FOR THE FACILITIES IN THE ABSENCE OF AN AIRPORT EXECUTIVE DIRECTOR Item #16G4 — Withdrawn (Per Agenda Change Sheet) INVITATION TO BID (ITB) #13-6171, SOD HARVESTING AT IMMOKALEE AIRPORT FOR A MINIMUM LICENSE FEE OF TWENTY THOUSAND DOLLARS ($20,000) PER YEAR TO FLORIDA SOD, INC., AND AUTHORIZE THE CHAIRWOMAN TO SIGN A SOD HARVESTING LICENSE AGREEMENT PENDING FAA APPROVAL — A FIVE (5) YEAR CONTRACT DIVIDED INTO FIVE SEPARATE 1-YEAR PERIODS FOR THE PURPOSE OF REMITTING A LICENSE FEE AND IN ADDITION TO THE MINIMUM LICENSE FEE THE LICENSEE WILL PAY THE COUNTY EIGHT DOLLARS ($8.00) PER NORMAL-SIZED PALLET OF SOD HARVESTED ANTICIPATED AT APPROXIMATELY 12,000 PALLETS PER YEAR Item #16H1 PROCLAMATION DESIGNATING NOVEMBER 2013 AS PANCREATIC CANCER AWARENESS MONTH IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO THE PANCREATIC CANCER ACTION NETWORK. SPONSORED BY THE BOARD OF COUNTY COMMISSIONERS — ADOPTED Item #16H2 PROCLAMATION RECOGNIZING THE 20TH ANNIVERSARY OF MARCO MOVIES CINEPLEX PRESENTED BY COMMISSIONER FIALA DECEMBER 13, 2013; SPONSORED BY COMMISSIONER FIALA — ADOPTED Page 330 December 10-11, 2013 Item #16H3 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE MARCO ISLAND AREA ASSOCIATION INSTALLATION BANQUET ON DECEMBER 3, 2013. A SUM OF $55 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE ISLAND COUNTRY CLUB, 500 NASSAU ROAD, MARCO ISLAND, FL Item #16H4 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED MARCO ISLAND'S CHAMBER OF COMMERCE CHRISTMAS GALA DECEMBER 8, 2013. A SUM OF $75 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE BISTRO SOLEIL RESTAURANT, 100 PALM STREET, MARCO ISLAND, FL Item #16H5 RESOLUTION 2013-277: REAPPOINTING MARK S. WEBER (TO A TERM EXPIRING NOVEMBER 13, 2017) IN THE CATEGORY OF MSTU RESIDENT TO THE VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE — ADOPTED Item #16H6 Page 331 December 10-11, 2013 RESOLUTION 2013-278: APPOINTING RACHELLE WOOD (SERVING THE REMAINDER OF A TERM EXPIRING NOVEMBER 5, 2014 REPRESENTING THE AMERICAN RED CROSS) TO COLLIER COUNTY CITIZENS CORPS — ADOPTED Item #16H7 RESOLUTION 2013-279: REAPPOINTING JAMES BOUGHTON (ARCHITECT CATEGORY), CLAY BROOKER (ATTORNEY CATEGORY), STAN CHRZANOWSKI (ENGINEER CATEGORY) AND CHRIS MITCHELL (ENGINEER CATEGORY) WITH TERMS EXPIRING DECEMBER 14, 2017 TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE — ADOPTED Item #16H8 RESOLUTION 2013-280: APPOINTING RONALD MYERS (FOR THE REMAINDER OF A TERM EXPIRING JULY 2, 2016) IN THE CATEGORY OF CITIZEN REPRESENTATIVE TO THE PUBLIC SAFETY AUTHORITY — ADOPTED Item #16H9 RESOLUTION 2013-281 : APPOINTING IAN J. BUTLER (TO A TERM EXPIRING MAY 22, 2017) TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE — ADOPTED Item #16H10 RESOLUTION 2013-282: REAPPOINTING JAMES HUGHES (TO A TERM EXPIRING DECEMBER 31, 2015) IN THE CATEGORY Page 332 December 10-11, 2013 OF TAXING DISTRICT RESIDENT TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE — ADOPTED Item #16H11 RESOLUTION 2013-283: APPOINTING FRANK NAPPO (TO THE REMAINDER OF A TERM EXPIRING APRIL 4, 2015) IN THE NONPROFIT/COMMUNITY BASED ORGANIZATION CATEGORY TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY ADVISORY COMMITTEE — ADOPTED Item #16H12 RESOLUTION 2013-284: APPOINTING GLENN D. HARRELL (TO THE REMAINDER OF A TERM EXPIRING SEPTEMBER 11, 2015) IN THE COMMERCE/LABOR CATEGORY TO THE HOUSING FINANCE AUTHORITY — ADOPTED Item #16H13 RESOLUTION 2013-285: REAPPOINTING MCMURDO SMITH (TO THE TERM EXPIRING DECEMBER 31, 2017) IN THE URBAN AREA CATEGORY TO THE PARKS & RECREATION ADVISORY BOARD — ADOPTED Item #16H14 RECONSIDERATION REQUEST BY COMMISSIONER HILLER REGARDING NOVEMBER 12, 2013 ITEM 17C, MOVED TO ITEM 9D, WHICH READS: RECOMMENDATION TO ADOPT Page 333 December 10-11, 2013 AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, WHICH IS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, PROVIDING FOR MODIFICATIONS DIRECTED BY THE BOARD OF COUNTY COMMISSIONERS RELATEDTO A CHANGE IN THE TIMING OF PAYMENT OF IMPACT FEES TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE INCLUSION OF WATER AND WASTEWATER IMPACT FEES AS ELIGIBLE FOR THE "IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT" AND INCLUDING ADDITIONAL MINOR UPDATES OR CORRECTIONS RELATED TO "ADULT ONLY COMMUNITIES," OBSOLETE REFUND PROVISIONS, REIMBURSEMENT AGREEMENTS AND THE "FORMER" GOODLAND WATER DISTRICT Item #16I 1 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED The following miscellaneous correspondence, as presented by the Board of County Commissioners, is entered into the Board's Record Page 334 December 10-11, 2013 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 1, 2013 THROUGH NOVEMBER 7, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 8, 2013 THROUGH NOVEMBER 14, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J3 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 15, 2013 THROUGH NOVEMBER 21, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J4 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 22, 2013 THROUGH NOVEMBER 28, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J5 ACCEPTING A REPORT ON INTEREST FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, PURSUANT TO FLORIDA STATUTE 218.78 AND PURCHASING POLICY XII.E WITH NO INTEREST REQUESTED OR PAID FOR THE YEAR Item #16J6 Page 335 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 10-11, 2013 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. MISCELLANEOUS CORRESPONDENCE: 1) Notice of Official Interpretation Legal Notice Published 06/15/2013 White Lake PUD INTP-2013-PL-0795; Comparable Use Determination for a Civic Association, pursuant to Collier County LDC 2) Naples Heritage Community Development District: Meeting Agenda: 05/07/13 Meeting Minutes: 05/07/13 3) Heritage Greens Community Development District: Meeting Agenda: 07/15/13; 08/19/2013; 09/16/2013 Meeting Minutes: 07/15/13; 08/19/2013; 09/16/2013 4) Port of the Islands Community Improvement District: Meeting Agenda: 07/19/13; 08/23/13; 09/20/13; 10/18/13 Meeting Minutes: 07/19/13; 08/23/13; 09/20/13; 10/18/13 5) Verona Walk Community Development District FY 13/14 Regular Meeting Schedule 6) Ave Maria Stewardship Community District FY 13/14 Regular Meeting Schedule 7) Quarry Community Development District FY 13/14 Regular Meeting Schedule 8) North Naples Fire Control and Rescue District FY13/14 Budget & Adopting Resolutions Annual Financial Report FY Ending 9/30/12 District Audit FY Ending 9/30/12 Public Facilities Report Registered Office & Agent Form FY13/14 Regular Meeting Schedule 9) Golden Gate Fire Control & Rescue District FY13/14 Final Budget Description of Outstanding Bonds FY13/14 Regular Meeting Schedule District Map Registered Office & Agent Form 10) Letter from Tax Collector Larry H. Ray to Clerk of Courts, Dwight E. Brock Letter from Collier County Tax Collector Larry H. Ray to Collier County Clerk of the Circuit Court, Dwight E. Brock, regarding the FY12/13 Tax Roll Annual Report and Schedule of Revenue reflecting the allocation of unused fees for the year December 10-11, 2013 BUDGET AMENDMENT RECOGNIZING FEDERAL HHS VOTE PROGRAM GRANT AWARD 2009 FUNDS FOR VOTING ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES IN THE AMOUNT OF $8,636.33 — TO HELP MAKE POLLING PLACES ACCESSIBLE TO VOTERS WITH DISABILITIES Item #16J7 BOARD OF COUNTY COMMISSIONERS ACCEPTS AND APPROVES CAPITAL ASSET DISPOSITION RECORDS FOR THE TIME PERIOD JULY 1, 2013 THRU SEPTEMBER 30, 2013 — ITEMS THAT NO LONGER SERVE A USEFUL FUNCTION OR HAVE COMMERCIAL VALUE PER FLORIDA LAW Item #16J8 PROVIDING THE BOARD OF COUNTY COMMISSIONERS, ACTING AS COLLIER COUNTY AIRPORT AUTHORITY, THE CLERK OF THE CIRCUIT COURT'S OFFICE AUDIT REPORT 2014-1, FAA GRANTS — RUNWAY REHAB PROJECTS ISSUED ON DECEMBER 4, 2013 — THIS REPORT IS AVAILABLE ON THE CLERK'S WEBSITE Item #16K1 RATIFY AND APPROVE A STIPULATED FINAL JUDGMENT AS TO MCDONALD'S CORPORATION'S INTEREST IN PARCELS 113FEE AND 113TCE IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. NEW PLAN FLORIDA HOLDINGS, LLC, ET AL., CASE NO. 13-CA-238, AS PART OF US-41/COLLIER BOULEVARD INTERSECTION Page 336 December 10-11, 2013 IMPROVEMENT PROJECT NO. 60116 (FISCAL IMPACT: $5,000) — TO AVOID LITIGATION AND FURTHER COSTS FOR PARCELS IN THE FREEDOM SQUARE SHOPPING CENTER AT THAT INTERSECTION Item #16K2 A MEDIATED SETTLEMENT AGREEMENT AND FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $2,289,133 FOR THE ACQUISITION OF PARCEL 115FEE IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. NEW PLAN FLORIDA HOLDINGS, LLC, ET AL., CASE NO. 13-CA-238 (US 41/CR-951 INTERSECTION IMPROVEMENT PROJECT #60116 (FISCAL IMPACT: $339,303) — FOR A 64,261 SQUARE FOOT PARCEL IN THE FREEDOM SQUARE SHOPPING CENTER Item #16K3 AN AMENDMENT TO AGREEMENT FOR LEGAL SERVICES FOR THE RETENTION AGREEMENT WITH HOPPING GREEN & SAMS BY AMENDING EXHIBIT "A" — AMENDING THE SEPTEMBER, 2011 AGREEEMNT TO INCLUDE THE NOT TO EXCEED AMOUNT OF $100,000 PER NEW ASSIGNMENT WITHOUT BOARD APPROVAL AND TO ADD PARTNERS AND ASSOCIATES PREVIOUSLY NOT LISTED Item #16K4 A MEDIATED SETTLEMENT AGREEMENT IN THE LAWSUIT OF DARLING ELIE V COLLIER COUNTY, FILED IN THE Page 337 December 10-11, 2013 TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 07-1463-CA FOR THE SUM OF $400,000 AND AUTHORIZE THE REQUESTED BUDGET AMENDMENT FOR THE RISK MANAGEMENT DEPARTMENT PURSUANT TO THE SETTLEMENT TERMS — THE RESULT OF AN OCTOBER 12, 2004 ACCIDENT INVOLVING AN EMERGENCY VEHICLE Item #16K5 INVOKING EXEMPTION IN THE COUNTY'S PURCHASING POLICY (SECTION VII, PARAGRAPH H) WAIVING COMPETITIVE BIDDING AND INCREASING AN EXISTING PURCHASE ORDER IN THE AMOUNT OF $125,000 TO COVER ATTORNEY FEES ANTICIPATED IN SUPPORT OF EMINENT DOMAIN LITIGATION FOR US-41/COLLIER BOULEVARD INTERSECTION IMPROVEMENT PROJECT NO. 60116 AND APPROVE AN AMENDMENT WITH SMOLKER BARTLETT SCHLOSSER LOEB AND HINDS, P.A. TO ALLOW FOR THE REIMBURSEMENT OF LODGING FEES NOT TO EXCEED A TOTAL OF $5,000 DURING TRIAL (FISCAL IMPACT: $125,000) — TO COVER LODGING COSTS DURING THE JURY TRIAL FROM JANUARY 4 THROUGH JANUARY 24, 2014 ****Commissioner Nance moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Summary Agenda be adopted **** Item #17A ORDINANCE 2013-64: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 338 December 10-11, 2013 AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS BRADFORD SQUARE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) TO A NEW MPUD THAT WILL CONTINUE TO BE KNOWN AS THE BRADFORD SQUARE MPUD, TO ALLOW CONSTRUCTION OF EITHER 100,000 SQUARE FEET OF GROSS LEASABLE OFFICE OR RETAIL WITH UP TO 10 RESIDENTIAL DWELLING UNITS OR TO ALLOW CONSTRUCTION OF GROUP HOUSING FOR SENIORS OF UP TO 130 UNITS WITH A FLOOR AREA RATIO OF 0.50 ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF VANDERBILT BEACH ROAD AND LIVINGSTON ROAD IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.18+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 07-41, THE FORMER BRADFORD SQUARE MPUD; AND BY PROVIDING AN EFFECTIVE DATE (PUDZ-A-PL20130000266) Item #17B ORDINANCE 2013-65: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING Page 339 December 10-11, 2013 ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE COCOHATCHEE RIVER TRUST PLANNED UNIT DEVELOPMENT (PUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BAY HOUSE CAMPUS CPUD, TO REMOVE A SPECIAL TREATMENT OVERLAY AND ALLOW 400 SEATS OF RESTAURANT/COCKTAIL LOUNGE, A 50 ROOM HOTEL OR MOTEL AND 4,500 SQUARE FEET GROSS FLOOR AREA OF ACCESSORY RETAIL USES INCLUDING A CULINARY SCHOOL, SPECIALTY RETAIL AND RESTAURANT/BREW HOUSE ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.67 +/- ACRES; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 88-30, THE COCOHATCHEE RIVER TRUST PUD; AND BY PROVIDING AN EFFECTIVE DATE [PUDZ-A-PL201200015 93] Item #17C RESOLUTION 2013-286: PETITION VAC-PL20130002148, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 5-FOOT UTILITY EASEMENT BEING A PART OF LOT 418, RIVIERA GOLF ESTATES UNIT 2, AS RECORDED IN PLAT BOOK 13, PAGES 108 THROUGH 111, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 18, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A Item #17D ORDINANCE 2013-66: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 340 December 10-11, 2013 AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 (ST/W-3 AND ST/W-4) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 (ST/W-3 AND ST/W-4) FOR A PROJECT TO BE KNOWN AS THE LANDINGS AT BEAR'S PAW RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF 25 RESIDENTIAL DWELLING UNITS AND UP TO 38 BOAT SLIPS ON PROPERTY LOCATED ON THE GOLDEN GATE CANAL SOUTH OF BEAR'S PAW IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 10.75± ACRES; AND BY PROVIDING AN EFFECTIVE DATE (PETITION RZ-PL20120002095) Item #17E ORDINANCE 2013-67: AMENDING ORDINANCE NO. 90-105, AS AMENDED, KNOWN AS COLLIER COUNTY'S CONTRACTOR LICENSING BOARD ORDINANCE, IN ORDER TO APPLY RECENT REVISIONS TO CHAPTER 489, FLORIDA STATUTES, WITH AN EFFECTIVE DATE OF JANUARY 1, 2014 Item #17F Page 341 December 10-11, 2013 RESOLUTION 2013-287: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FY 2013-14 ADOPTED BUDGET Item #17G ORDINANCE 2013-68: AMENDING ORDINANCE NO. 97-82, AS AMENDED, WHICH CREATED BAYSHORE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT, TO ALLOW FOR ADDITIONAL RIGHT-OF-WAY IMPROVEMENTS Item #17H RESOLUTION 2013-288: AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE POTABLE WATER SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO AMEND POLICY 1 .7 TO REFERENCE THE UPDATED 10-YEAR WATER SUPPLY FACILITIES WORK PLAN AND FURTHERMORE RECOMMEND TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (CPSP-2013-7) Item #17I RESOLUTION 2013-289: AMENDING THE COLLIER COUNTY WATER-SEWER DISTRICT'S UTILITIES STANDARDS MANUAL Item #17J Page 342 December 10-11, 2013 ORDINANCE 2013-69: REPEALING ORDINANCE 87-25, AS AMENDED, WHICH ORDINANCE ESTABLISHED COLLIER COUNTY'S PURCHASING DEPARTMENT AND ADOPTED A PURCHASING POLICY, AND REPLACING IT WITH A NEW ORDINANCE, TO BE KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, WHICH ORDINANCE SETS FORTH ITS PURPOSE AND APPLICABILITY; PROVIDES FOR DEFINITIONS; ESTABLISHES AND SETS FORTH DUTIES OF A PURCHASING DEPARTMENT AND PURCHASING DIRECTOR; PROVIDES FOR A PURCHASING MANUAL; PROVIDES FOR SMALL PURCHASES UNDER $3,000, FOR PURCHASES EXCEEDING $3,000 BUT UNDER $50,000, AND FOR PURCHASES OVER $50,000; PROVIDES A COMPETITIVE BID PROCESS, PROCUREMENT OF PROFESSIONAL SERVICES, COMPETITIVE PROPOSALS AND PROCUREMENT OF DESIGN-BUILD CONTRACTS; ESTABLISHES POLICIES FOR SMALL AND DISADVANTAGED MINORITY AND WOMEN BUSINESS ENTERPRISES AND FOR PREFERENCE TO LOCAL BUSINESSES; PROVIDES FOR PAYMENT OF INVOICES AND ADVANCE PAYMENTS FOR GOODS AND SERVICES; PROVIDES FOR PROCUREMENTS BASED ON STANDARDIZATION, COOPERATIVE PURCHASING ORGANIZATIONS AND GOVERNMENT CONTRACTS; SETS FORTH A PROCEDURE FOR CONTRACT ADMINISTRATION AND FOR BONDS; PROHIBITS UNAUTHORIZED PURCHASES INCLUDING SUBDIVIDING PURCHASES; SETS FORTH A PROCEDURE FOR BID PROTESTS AND CONTRACT CLAIMS; PROVIDES FOR PURCHASES DURING EXIGENT CIRCUMSTANCES, EMERGENCIES AND BOARD RECESS PERIODS; PROVIDES FOR INSPECTING AND TESTING; PROVIDES FOR SURPLUS PROPERTY; PROVIDES FOR A Page 343 December 10-11, 2013 PURCHASING CARD PROGRAM; PROHIBITS CONFLICT OF INTERESTS; SETS FORTH A PROCEDURE FOR DEBARMENT AND SUSPENSION OF VENDORS; AUTHORIZES THE BOARD TO WAIVE THESE PROVISIONS WHEN APPROPRIATE; AND LASTLY PROVIDES FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :00 a.m. on December 11, 2013 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SP. EC L DISTRICTS UNDER ITS CONTROL Georgia A. Hind, Chairwoman TOM HENNING, CHAIRMAN A T T E S T.:. ,: DWIGHT E.Br{OCK, CLERK titut,2)A, -to CA:rmail's r refs? i ' e°rriinutes a pp ro by d the Board on 4 1 `-' as presented ✓ or as corrected Transcript prepared on behalf of Gregory Court Reporting, by Terri Lewis and Cherie' R. Nottingham, CSR. Page 344