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BCC Minutes 01/28/2014 R BCC REGULAR MEETING MINUTES January 28, 2014 January 28, 2014 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 28, 2014 LET IT BE REMEMBERED, that the Collier County Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tom Henning Tim Nance Donna Fiala Fred Coyle Georgia Hiller ALSO PRESENT: Jeffrey Klatzkow, County Attorney Leo E. Ochs, Jr., County Manager Crystal Kinzel, Finance Director Tim Durham, Executive Manager, Corp. Business Operations Troy Miller, Communications & Customer Relations Manager Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority C,' I r Atouro..-r. (i AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 January 28, 2014 9:00 AM Tom Henning - BCC Chairman; BCC Commissioner, District 3 Tim Nance - BCC Vice-Chairman, District 5 Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Georgia Hiller - BCC Commissioner, District 2 Fred W. Coyle - BCC Commissioner, District 4; CRAB Vice-Chairman NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 January 28,2014 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. Reverend Dawson Taylor - Naples United Church of Christ 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. December 3, 2013 - BCC/Economic Development for Rural Areas in the County/Sports Marketing and Event Promotion Workshop Page 2 January 28, 2014 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation recognizing the 50th Anniversary of Del's 24 Hour Food Store. To be accepted by Del Ackerman. Sponsored by Commissioner Fiala. B. Proclamation designating February 13, 2014 as Macedonia Missionary Baptist Church Day in honor of its 85th Anniversary. To be accepted by Reverend Lonnie E. Mills, Betty Adkins, Irene Williams, Sylvester Cotton, Tangie Burns and Voncile Whitaker. Sponsored by the Board of County Commissioners. C. Proclamation recognizing Building Homes for Heroes for its generous donation of a mortgage free home to Army Sergeant Brent Hernandez in honor of his service to our nation. To be accepted by Kim Valdyke, Sgt. Brent Hernandez and Kathi Kilburn. Sponsored by Commissioner Hiller. D. Proclamation recognizing the Big Cypress Basin Office of the South Florida Water Management District and County staff for their outstanding teamwork and cooperation to reduce flooding for Collier County residents during the summer of 2013. To be accepted by Rick Barber, Chairman, Big Cypress Basin Board; Lisa Koehler, Administrator, Big Cypress Basin; Chris Doherty, Field Station Supervisor, Big Cypress Basin; Nick Casalanguida, Administrator, Growth Management Division; Gerald Kurtz, Surface Water and Environmental Planning; John Vliet, Director, Road Maintenance; and Travis Gossard, Superintendent, Road Maintenance. Sponsored by Commissioner Nance. 5. PRESENTATIONS A. Recommendation to recognize Corey Ford, Technical Support Professional, Sr., as the Employee of the Year for 2013. 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. Page 3 January 28, 2014 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. Recommendation to approve an Ordinance amending Ordinance Number 97-70, the Pelican Lake Planned Unit Development, to allow on a recreational vehicle lot an accessory structure with up to 350 square feet of area for cooking, laundry, storage or recreational activities. The subject property is located on the east side of Collier Boulevard (SR-951) in Section 15, Township 51 South, Range 26 East, Collier County, Florida, consisting of 101.3+/- acres. (Petition number PUDA-PL20130000476) 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the La Peninsula MSBU Advisory Board. B. Appointment of member to the Collier County Code Enforcement Board. 11. COUNTY MANAGER'S REPORT A. Recommendation to consider options for improved EMS response times throughout Collier County. (Chief Walter Kopka, EMS) B. Recommendation to approve a Memorandum of Understanding (MOU) with North Naples Fire Control and Rescue District (NNFD) that identifies a plan to develop an integrated building plan review and inspection platform that better serves our citizens and mutual customers. (Nick Casalanguida, Growth Management Administrator) C. Recommendation to approve the draft letter, directed by the Board, requesting that the City of Marco Island initiates a plan to repair Goodland Road (CR 92A). (Nick Casalanguida, Growth Management Administrator) Page 4 January 28, 2014 D. Recommendation to reject an offer received from Asset Recovery XVIII, LLC for the sale of 305 acres immediately adjacent to the Collier County Landfill. (Toni Mott, Real Property Manager) E. Recommendation to approve the Purchasing Manual; authorize the use of a County Attorney approved standard purchase order delegated to the County Manager and executed by the Purchasing Director for the general procurement of goods and services; and, delegate the signature authority to the County Manager and executed by the Purchasing Director for County Attorney approved non-standard vendor agreements for goods and services up to $50,000 and approved annual cooperative contracts [Section 18B] which are reported and approved per Section Seven of the Purchasing Ordinance. (Len Price, Administrative Services Administrator) F. Recommendation to approve the ranked lists of firms for Request for Proposal (RFP) #13-6164, Professional Services: Architect and Engineering and direct staff to bring negotiated contracts with the top ranked firms identified on the attached discipline sheets to the Board for subsequent approval. (Len Price, Administrative Services Administrator) 12. COUNTY ATTORNEY'S REPORT A. Recommendation to direct the County Attorney to accept the jury award and Final Judgments in the eminent domain case styled Collier County v. RTG, LLC, et al., Case No. 10-CA-00259, for the taking of Parcels 116FEE, 116TCE 1, 116TCE2, and 116TCE3 for the intersection improvements at US 951 (Collier Blvd.) and US 41 (Project No. 60116). Fiscal Impact: $5,524,050. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY Page 5 January 28,2014 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1) Recommendation to authorize the Clerk of Courts to release a Letter of Credit in the amount of$52,710 which was posted as a development guaranty for work associated with Sabal Bay Commercial Plat - Phase 4, AR-13453. 2) Recommendation to approve a release of lien in the amount of $280,224.79 for payment of$1,074.79, in the Code Enforcement Action entitled Board of County Commissioners vs. Innovation Construction & Development, LLC, Code Enforcement Board Case No. CEB 2004-75, relating to property located at 219 2nd Street South, Immokalee, Collier County, Florida. 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 Maple Ridge at Ave Maria Phase 2, (Application Number PPL-PL20130001594) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) Recommendation to approve the transfer of the Goodland Isles, Inc. Utility Franchise to the Coon Key Pass Fishing Village Condominium Association, Inc., a Florida non-profit corporation, in accordance with Ordinance No. 96-06, as amended, "Section 1-19. Application for Transfer of Franchise Certification, Facilities or Control, (E) Transfer Page 6 January 28, 2014 to Homeowners' Association." B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DIVISION D. PUBLIC SERVICES DIVISION 1) Recommendation to approve the Student School Year Agreement with the District School Board of Collier County for transportation services for County recreation program participants at an estimated annual cost of$5,000. 2) Recommendation to approve the selection committee rankings, and to authorize entering into contract negotiations for Request for Proposal No. 13-6178 For CEI Services for Vanderbilt Beautification MSTU. 3) Recommendation to approve an annual Maintenance Agreement with Innovative Interfaces, Inc. for Sierra software for library system operations support, request that the Board waive the formal competitive threshold pursuant to Ord. No. 13-69, Section 9(B)(2), and authorize the Chairman to sign the County Attorney approved agreement. 4) Recommendation to approve the submittal of a grant application for the 2013/2014 Federal Highway Administration (FHWA) Flexible Funds for the construction of improvements to the Collier Area Transit Administration, Operations & Maintenance facility in the amount of$1,186,348 through the Federal Transit Administration (FTA) Transportation Electronic Award Management (TEAM) System. 5) Recommendation to approve a Resolution superseding Resolution No. 2013-28 establishing New Bike Locker Rental Fees, Policies and Procedures at the Collier Area Transit Intermodal Transfer Facility located at the Government Center. 6) Recommendation to execute the attached Supplemental Agreement to the Joint Participation Agreement (JPA) between the Florida Page 7 January 28, 2014 Department of Transportation (FDOT) and Collier County to amend the Disadvantaged Business Enterprise language for Contract #AQQ16. 7) Recommendation to execute the attached Supplemental Agreement to the Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and Collier County to amend the Disadvantaged Business Enterprise language for Contract #AQQ85. 8) Recommendation to execute the attached Supplemental Agreement to the Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and Collier County to amend the Disadvantaged Business Enterprise language for Contract #AQR01. 9) Recommendation to amend the State/Federal Subordination Loan Policy to allow future subordination requests to include impact fee deferral liens. 10) Recommendation to approve an Amended and Restated Access Easement Agreement with Headwaters Development Limited Liability Limited Partnership, LLLP to provide for developer improvements to an access roadway over County property associated with the Gordon River Greenway Project and authorize a budget amendment recognizing revenue in the amount of$140,365.20; Project No. 80065.1 11) Recommendation to approve a budget amendment in the amount of $87,000 from Tourist Development Council (TDC) Park Beach Facilities Fund (183) reserves to make piling repairs to the Clam Pass Boardwalk drawbridge, and make a finding that this project supports tourism. 12) Recommendation to approve a subrecipient agreement implementing the FY2013-2014 Annual Action Plan by utilizing U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds for Habitat for Humanity - Faith Landing Page 8 January 28, 2014 Infrastructure Project (Fiscal Impact $500,000). 13) Recommendation to approve and execute the documents necessary to convey an easement to Lee County Electric Cooperative, Inc. on County property at Tigertail Beach; Project No. 90093. 14) Recommendation to approve Third Amendment to Agreement with the Collier County Housing Authority, Inc. (CCHA) for a Tenant Based Rental Assistance Project to extend the project completion date. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve a Second Amendment to Parking License Agreement with Vanderbilt Real Estate Holdings, LP, for temporary parking for beach maintenance equipment. 2) Recommendation to approve additions, deletions, and reclassifications to the 2014 Fiscal Year Pay and Classification Plan made from October 1, 2013 through December 31, 2013. 3) Recommendation to recognize $2,739 in revenue due to the on-line auction sale of two 2004 Suzuki outboard motors and approve the necessary budget amendment for the Ochopee Fire Control District for the purpose of replacing fire/rescue equipment. 4) Recommendation to award Request for Proposal (RFP) #13-6163 Security Services to G4S Secure Solutions, Inc. (USA) for courthouse and government security services and authorize the Chairman to execute a County Attorney approved agreement. F. COUNTY MANAGER OPERATIONS G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Appointment of member to the Parks and Recreation Advisory Board. Page 9 January 28, 2014 2) Appointment of members to the Pelican Bay Services Division Board. 3) Request by Commissioner Hiller for Reconsideration of Item #6A from the January 14, 2014 BCC meeting titled: Public Petition request from Jared Grifoni representing the Libertarian Party of Collier County, requesting that the Board of County Commissioners rescind Ordinance No. 2013-70 which established the La Peninsula Seawall Municipal Service Benefit Unit (MSBU) and rescind Resolution No. 2013-292 which established a special assessment for funding the seawall improvements. Both Ordinance No. 2013-70 and Resolution No. 2013-292 were adopted by the Board of County Commissions on December 10, 2013. 4) Recommendation to adopt a Resolution removing a member from the Black Affairs Advisory Board and to declare the member's seat to be vacant. 5) Recommendation to declare the attendance by Commissioner(s) and staff at the Florida Association of Counties Legislative Day Conference, March 26-28, 2014, to be a valid public purpose. 6) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Marco Island Police Foundation Luncheon on February 6, 2014. The sum of$20 to be paid from Commissioner Fiala's travel budget. 7) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Columbiettes Winter Wonderland Dinner Dance on January 25, 2014. The sum of$40 to be paid from Commissioner Fiala's travel budget. 8) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Naples Lakes Book Club Discussion on February 13, 2014. The sum of$12 to be paid from Commissioner Fiala's travel budget. Page 10 January 28,2014 9) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Marco Island Center for The Arts Rhapsody in Black on February 9, 2014. The sum of$70 to be paid from Commissioner Fiala's travel budget. 10) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Let The Fun Times Roll at Mardi Gras on February 28, 2014. The sum of$100 to be paid from Commissioner Fiala's travel budget. 11) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Naples Zoo Cocktails & Cockatoo on February 8, 2014. The sum of$75 to be paid from Commissioner Fiala's travel budget. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of January 3, 2014 to January 9, 2014 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of January 10, 2014 to January 16, 2014 and for submission into the official records of the Board. 3) Recommendation to approve and authorize the Chairman to sign an Agreement Authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Tarpon Bay Subdivision. 4) Recommendation that the Board accepts the investment update report for the quarter ended December 31, 2013. Page 11 January 28, 2014 K. COUNTY ATTORNEY 1) Recommendation to approve an Assumption Agreement substituting the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., for the law firm FEMA Law Associates, PLLC, in the Retention Agreement dated December 11, 2012; and authorize staff to open a Purchase Order in an amount not to exceed $15,000. 2) Recommendation to approve Amendment to Agreement for Legal Services relating to Retention Agreement Hahn Loeser & Parks, LLP. extending the expiration date to February 9, 2016. There is no new fiscal impact associated with this Amendment. 3) Recommendation that the Board of County Commissioners approves and authorizes the Chair to execute the proposed Collier County Emergency Services Medical Director Agreement with Dr. Tober. 4) Recommendation that the Board of County Commissioners adopts the attached Resolution confirming the January 14, 2014 appointments of the Chair and Vice-Chair of the Board of County Commissioners, and various other Boards, and repeals Resolution No. 2013-291, which is in part in conflict with such appointments. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Page 12 January 28, 2014 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 92-7, the R. Roberts Estate PUD, and amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which includes 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 designation of 3.2 acres of land from Residential Single Family-3 (RSF-3) to R. Roberts Estate Mixed Use Planned Unit Development; by increasing the size of Tract A of the PUD by 3 acres, from 5.9 ± acres to 8.9 ± acres; by changing the permitted uses on Tract A from single family residential to up to 50,000 square feet of gross floor area of institutional and professional office uses; by revising Section I, Property Description; by revising Development Standards and Developer Commitments for the PUD located on the south side of Roberts Avenue and north and east of SR-29 in Section 4, Township 47 South, Range 29 East, Collier County Florida consisting of 42 ± acres; and by providing an effective date. (Petition number PUDA- PL20130000052) B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2013-14 Adopted Budget. C. Recommendation that the Board of County Commissioners accepts the amendments to Ordinance No. 87-5, Incentives for Job Related Achievement as advertised, adding an award for employees who are retiring under the Florida Retirement System with at least 5 years of County service. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 13 January 28, 2014 January 28, 2014 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN HENNING: Good morning. Welcome to the Board of Commissioners, January 28th, 2014 meeting, Regular Meeting. If you all would either silent your cell phone or put it on vibrate, it will make our meeting go much smoother. County Manager? MR. OCHS: Sir, would you like to begin with the invocation this morning? CHAIRMAN HENNING: Yeah, the invocation and Pledge of Allegiance. Invocation given by Dawson Taylor, Naples United Church of Christ. Would you all bow your heads. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE — GIVEN BY REVEREND DAWSON TAYLOR OF NAPLES UNITED CHURCH OF CHRIST REVEREND TAYLOR: Let us pray. Gracious God, the giver of justice and the giver of life, we thank you for this Board. We thank you for their work, for their commitment to the citizens of Collier County. We thank you for their families that support them. And as we gather for this meeting, oh, God, we ask that you would keep us ever mindful of those who have less and those who need our attention, and to be reminded that we are called to be beacons of hope for all people of Collier County. And we ask that you would guide this great Board, that you would continue to strengthen them in their work. In all of these things we ask in your many names. Amen. Page 2 January 28, 2014 (Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: Okay, County Manager, would you walk us through the change list? Item #2A TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AND SUMMARY AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Yes, sir. Good morning, Mr. Chairman and Commissioners. These are the proposed agenda changes for your Board of County Commissioners meeting of January 28th, 2014. The first proposed change is to continue Item 11.E regarding the proposed County Purchasing Manual. That request comes from Commissioner Hiller. The next proposed change is to continue Item 16.D.5 from your consent agenda to the next meeting, which would be February 11th, 2014. That change is made at staffs request. We have two time certain items scheduled for this morning, Commissioners. The first is Item 11 .B to be heard at 10:00 a.m. That's a matter regarding fire plan review and inspections. And Item 11.0 will be heard at 11 :00 a.m., and that's a report on the repair and maintenance needs for Goodland Road/92A. We have one agenda note, that is Item 9.A. These were letters of objection to the Pelican Lake petition that you'll hear at 1 :00 p.m. today. These letters were inadvertently omitted from the printed agenda packet. Copies have been supplied to Commission members, as well as County Attorney and Minutes and Records, and copies were also included and uploaded on the on-line version of your agenda Page 3 January 28, 2014 packet. We have court reporter breaks scheduled for 10:30 a.m. and 2:50 p.m., if needed. And those are all the changes I have, Mr. Chairman. CHAIRMAN HENNING: Thank you. County Attorney, any words of wisdom? MR. KLATZKOW: No words of wisdom and no changes either. CHAIRMAN HENNING: Okay, let's start with Ex Parte Communication on today's agenda, and any changes, further changes to today's agenda. Starting with Commissioner Nance. COMMISSIONER NANCE: Mr. Chairman, I have had meetings on consent agenda Item 16.A, Maple Ridge, and I have read the staff report on the summary agenda on the Roberts Estate PUD. No other disclosures and no changes. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: No disclosures, no changes. CHAIRMAN HENNING: On the consent I have disclosures on 16.A.3. I received the application. On 17.A I received staffs report. Commissioner Fiala? COMMISSIONER FIALA: Yes, on the Consent Agenda I have received a couple emails on 16.A.3. On the summary agenda, 17.A, I had -- I had a staff report. That's the -- that's the Roberts Estate PUD. And that's it for me. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: The only ex parte disclosure I have is referenced to summary agenda 17.A, and I have read the staff report. And I have no further changes to the agenda. CHAIRMAN HENNING: I'll entertain a motion to accept today's regular consent and summary agenda as amended. COMMISSIONER FIALA: So moved. COMMISSIONER NANCE: Second, Mr. Chairman. Page 4 January 28, 2014 CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Nance. All in the favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries. Page 5 Proposed Agenda Changes Board of County Commissioners Meeting January 28,2014 Continue Item 11E to the February 11,2014 BCC Meeting: Recommendation to approve the Purchasing Manual; authorize the use of a County Attorney approved standard purchase order delegated to the County Manager and executed by the Purchasing Director for the general procurement of goods and services; and,delegate the signature authority to the County Manager and executed by the Purchasing Director for County Attorney approved non-standard vendor agreements for goods and services up to$50,000 and approved annual cooperative contracts [Section 1813] which are reported and approved per Section Seven of the Purchasing Ordinance. (Commissioner Hiller's request) Continue Item 16D5 to the February 11,2014 BCC Meeting: Recommendation to approve a Resolution superseding Resolution No.2013-28 establishing New Bike Locker Rental Fees,Policies and Procedures at the Collier Area Transit Intermodal Transfer Facility located at the Government Center. (Staffs request) Time Certain Items: Item 11B to be heard at 10:00 a.m. Item 11C to be heard at 11:00 a.m. Note: Item 9A: Letters of Objection to the Pelican Lake petition were inadvertently omitted from the printed agenda packet. Copies have been supplied to the Commission members,as well as the County Attorney and the Minutes and Records Department,with copies also included on the on- line version of the agenda packet. (Staffs request) 1/28/2014 8:33 AM January 28, 2014 Item #2B MINUTES FROM DECEMBER 3, 2013 — BCC/ECONOMIC DEVELOPMENT FR RURAL AREAS IN THE COUNTY/SPORTS MARKETING AND EVENT PROMOTION WORKSHOP — APPROVED AS PRESENTED MR. OCHS: Item 2.B is approval of the Board of County Commissioners workshop meeting of December 3rd, 2013. COMMISSIONER NANCE: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Nance, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. We'll go to proclamations? Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A Page 6 January 28, 2014 PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY OF DEL'S 24 HOUR FOOD STORE. ACCEPTED BY DEL ACKERMAN — ADOPTED MR. OCHS: Yes, sir, Item 4.A is a Proclamation recognizing the 50th Anniversary of Del's 24-Hour Food Store. To be accepted by Del Ackerman. This item is sponsored by Commissioner Fiala. Would you please step forward and receive your proclamation. (Applause.) COMMISSIONER FIALA: Del, thank you for all of your services to the community. MR. ACKERMAN: I'd like to thank all of you too for the support that you've given us the last 50 years. When I came here in '64, there was only 5,000 people. I'd like to thank all my customers. I'd like to thank the county. I'd like to thank my friends. You know, the President says he helped me build the business. No, my girls did. And they're both in heaven right now. So God bless the U.S.A. And I'd like to thank my assistant, Noreen Jackowitz. She kept me going for the last eight years through the tragedy. Brian Sanders, some days my legs get a little rusty and he makes sure I'm on time. It's only in the U.S.A. God bless America and thank you very much. (Applause.) CHAIRMAN HENNING: Next proclamation? Item #4B PROCLAMATION DESIGNATING FEBRUARY 13, 2014 AS MACEDONIA MISSIONARY BAPTIST CHURCH DAY IN HONOR OF ITS 85TH ANNIVERSARY. ACCEPTED BY REVEREND LONNIE E. MILLS, BETTY ADKINS, IRENE Page 7 January 28, 2014 WILLIAMS, SYLVESTER COTTON, TANGIE BURNS AND VONCILE WHITAKER — ADOPTED MR. OCHS: Item 4.B is a Proclamation designating February 13th, 2014 as Macedonia Missionary Baptist Church Day, in honor of its 85th Anniversary. To be accepted by Reverend Lonnie E. Mills, Betty Adkins, Irene Williams, Sylvester Cotton, Tangie Burns, Voncile Whitaker. This item is sponsored by the entire Board of County Commissioners. (Applause.) MS. WILLIAMS: I'm Irene Williams, Chairperson of this Soul Food Gala that we're giving to restore Macedonia kind of back into the farm that it was 85 years ago. We started as the oldest black church in Naples. We started what some of you may know as the Ditch Bank, which now is Port Royal, and we moved up to Tenth Street. They kicked us out. But anyway, we want to make it back nice again. And I thank you for taking part today in helping us to do that. Reverend Mills? REVEREND MILLS: Thank you so very kindly. I'm the pastor of Macedonia Missionary Baptist Church, Reverend Lonnie Mills, and we too would like to say thank you so very kindly, and may God's blessings continue to be upon you. And we want to work in this community and this county to help make Collier what it should be. Thank you. (Applause.) Item #4C PROCLAMATION RECOGNIZING BUILDING HOMES FOR HEROES FOR ITS GENEROUS DONATION OF A MORTGAGE Page 8 January 28, 2014 FREE HOME TO ARMY SERGEANT BRENT HERNANDEZ IN HONOR OF HIS SERVICE TO OUR NATION. ACCEPTED BY KIM VALDYKE, SGT. BRENT HERNANDEZ AND KATHI KILBURN — ADOPTED MR. OCHS: Item 4.0 is a Proclamation recognizing Building Homes for Heros for its general donation of a mortgage free home to Army Sergeant Brent Hernandez in honor of his service to our nation. To be accepted by Kim Valdyke, Sergeant Brent Hernandez and Kathi Kilburn. This item is sponsored by Commissioner Hiller. Would you please step forward. (Applause.) COMMISSIONER HILLER: Before the Board presents this proclamation, I just wanted to very quickly read about Sergeant Hernandez and his service. Sergeant Hernandez was severely wounded in Afghanistan 13 days into his deployment when his aircraft crashed, leaving him with critical internal injuries, a traumatic brain injury and posttraumatic stress disorder. And during his service he received the Army Achievement medal, Good Conduct medal twice, National Defense Service Ribbon, Global Warrant on Terrorism ribbon, Army Service ribbon, Army Ranger Tab, Combat Infantry Badge and Army Parachutist Badge. Congratulations. (Applause.) COMMISSIONER HILLER: Would you like to say a few words? MS. VALDYKE: On behalf of Building Homes for Heros, I would like to thank Georgia Hiller for her support and the entire county for their support in the renovation of Brent's home. The community came forward and donated 67 percent of the cost Page 9 January 28, 2014 of the home to helping getting it refurbished for him and his family. And we really appreciate it. And we hope to be doing another home here soon, because you all have an awesome community and great support for us. Thank you. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Thank you. SERGEANT HERNANDEZ: I just want to thank Commissioner Hiller and the entire City of Naples for accepting me and my family here. It's been a pleasure, and I'm excited to live the rest of my life here. COMMISSIONER HILLER: Well, we're honored to have you. (Applause.) MR. OCHS: Mr. Chairman, before you move to the next proclamation, Mr. Ackerman asked if he could get a photo with his associates and the Board. CHAIRMAN HENNING: Absolutely. MR. OCHS: If we could do that now, it would be great. MR. ACKERMAN: Thank you. I didn't understand her. Item #4D PROCLAMATION RECOGNIZING THE BIG CYPRESS BASIN OFFICE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COUNTY STAFF FOR THEIR OUTSTANDING TEAMWORK AND COOPERATION TO REDUCE FLOODING FOR COLLIER COUNTY RESIDENTS DURING THE SUMMER OF 2013. ACCEPTED BY RICK BARBER, CHAIRMAN, BIG CYPRESS BASIN BOARD; LISA KOEHLER, ADMINISTRATOR, BIG CYPRESS BASIN; CHRIS DOHERTY, FIELD STATION SUPERVISOR, BIG CYPRESS BASIN; NICK CASALANGUIDA, ADMINISTRATOR, GROWTH Page 10 January 28, 2014 MANAGEMENT DIVISION; GERALD KURTZ, SURFACE WATER AND ENVIRONMENTAL PLANNING; JOHN VLIET, DIRECTOR, ROAD MAINTENANCE; AND TRAVIS GOSSARD, SUPERINTENDENT, ROAD MAINTENANCE — ADOPTED MR. OCHS: Item 4.D is a Proclamation recognizing the Big Cypress Basin Office of the South Florida Water Management District and County Staff for their outstanding team work and cooperation to reduce flooding for Collier County residents during the summer of 2013. To be accepted by Rick Barber, Chairman, Big Cypress Basin Board; Lisa Koehler, Administrator, Big Cypress Basin; Chris Doherty, Field Station Supervisor, Big Cypress Basin; Nick Casalanguida, Administrator, Growth Management Division; Jerry Kurtz, Surface Water Environmental Planning; John Vliet, Director of Road Maintenance; and Travis Gossard, Superintendent, Road Maintenance. And this item is sponsored by Commissioner Nance. If you'd all please step forward and be recognized. (Applause.) COMMISSIONER NANCE: I think everybody realizes -- Mr. Barber, why don't you take this, sir. You can share this. I think everybody realizes what tremendous stress we had this past rainy season in Collier County. And, you know, being a low lying area and the center of the Big Cypress swamp and the western Everglades it caused a tremendous amount of work. And ladies and gentlemen, the staff and administrators for these agencies made it possible for us to do journeyman's work on meeting the needs of the public. And what a wonderful spirit of cooperation we have now. And they certainly deserve all of our thanks for the work that they did to mediate this problem. Page 11 January 28, 2014 So it's my pleasure to thank each and every one of them, the complete staffs and everybody that works with them for a job well done. (Applause.) CHAIRMAN HENNING: Mr. Barber, I want to invite you to our -- one of our workshops. Next month the first Tuesday at 1 :00 p.m. we're having a workshop. Part of the workshop is about Stormwater Management. So we hope that you can attend that. MR. BARBER: I'd be glad to. CHAIRMAN HENNING: Thank you. COMMISSIONER HILLER: It will be a lot of fun. Just saying. CHAIRMAN HENNING: Entertain a motion to accept today's proclamations as read, or as delivered. COMMISSIONER HILLER: Motion to accept proclamations as presented. COMMISSIONER NANCE: Second. CHAIRMAN HENNING: Motion by Commissioner Hiller, second by Commissioner Nance. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Now we'll go to Service Awards. Item #5A Page 12 January 28, 2014 RECOGNIZING COREY FORD, TECHNICAL SUPPORT PROFESSIONAL, SR., AS THE EMPLOYEE OF THE YEAR FOR 2013 — RECOGNIZED MR. OCHS: You have presentations this morning, Mr. Chairman. Under Item 5.A, it's a recommendation to recognize Corey Ford, Technical Support Professional, as the Employee of the Year for 2013. Corey, if you'd please come forward. (Applause.) MR. OCHS: Commissioners, while Corey's getting his picture taken, I'll tell you a few things about what he's done to deserve this award. Each year one employee among the honored during the year as Employee of the Month is selected by a committee for special recognition as the Employee of the Year. Corey is this year's honoree. He's been with the county for more than 10 years, works for the Planning and Project Management Department in our Public Utilities Division. In his work as a technical support professional, he provides technical insight and guidance to all of our project managers in public utilities. And he's gone beyond that to become a subject matter expert to other divisions and departments across the county, always willing to reach out. He's dedicated, engaged and highly accountable, eager to provide support to any and all that ask. He's held in high regard by his peers and upper management. He's known to provide excellent service to both his internal and external customers, and is the epitome of team player working, as I said, across divisions for the benefits of our citizens and our customers. He's very deserving of this recognition, and it's an honor for me to present Corey Ford as your Employer of the Year for 2013. Page 13 January 28, 2014 Congratulations, Cory. (Applause.) MR. FORD: Hi, I'm Corey Ford. I'm with Public Utilities. I just want to say that I've been working for the county for over 10 years now, and it's been really great to have the opportunity to kind of play in that environment. There's a lot of great technology we're using. And my background is very much just a tech curiosity sort of thing. I love playing with new toys and new gadgets. It's been a wonderful environment to kind of learn and grow myself as well as share those skills and knowledge that I've learned with anybody else who's willing to listen and is interested. We have a great team. Everybody works really hard to get the projects done, get water flowing, pumps are pumping, everything is doing its job, and I'm really proud to be a part of that. So thank you, everybody, it's a great honor. I appreciate it. (Applause.) Item #10A RESOLUTION 2014-26: APPOINTING LES BEHNE (2 YEAR TERM), KATHLEEN C. BRUNS (3 YEAR TERM), SUSAN K. CRAIN (2 YEAR TERM), ABBE R. DROSSNER (3 YEAR TERM) AND MICHAEL PIERPAOLI (1 YEAR TERM) TO THE LA PENINSULA MSBU ADVISORY BOARD — ADOPTED MR. OCHS: Mr. Chairman, that takes us to Item 10 on your agenda this morning, Board of County Commissioners. Item 10.A is appointment of members to the La Peninsula MSBU Advisory Board. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you so much. I've studied all of these backgrounds and so forth, and I would like to Page 14 January 28, 2014 nominate Les Behne -- I hope I didn't slaughter his name any -- and Kathleen Bruns, Susan Crain, Abbe Drossner, and Michael Pierpaoli. Sorry if I massacred everybody's names. CHAIRMAN HENNING: And are these staggered terms? Two terms will expire in two years, two terms will expire in three years. And, let's see, what is -- COMMISSIONER FIALA: One term expires in one year. CHAIRMAN HENNING: One year. Can you give us the order on how you want the terms? COMMISSIONER FIALA: Okay, fine. I'm sorry, because I'm going to slaughter names again. Michael Pierpaoli would be the one year. Susan Crain and Les Behne would be the two-year, and Kathleen Bruns and Abbe Drossner would be three years. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: I hope that's okay with everybody. COMMISSIONER COYLE: Second. COMMISSIONER FIALA: Thank you. MR. MILLER: Mr. Chairman, I do have five registered public speakers for this item. CHAIRMAN HENNING: Okay, great, thank you. MR. MILLER: Your first speaker is Anthony Pires. He'll be followed by Kathleen Bruns. I don't see Mr. Pires. Ms. Bruns? She'll be followed by Jim Crain. CHAIRMAN HENNING: Okay, this is about the appointment to the MSBU Board. So if you could address us on this item, we would appreciate it. MS. BRUNS: I'd just like to thank you for moving to seat the advisory board for La Peninsula's MSBU. I think we all look forward Page 15 January 28, 2014 to meeting with the community and look forward to working with the BCC. We appreciate your help. It's been a pleasure and a privilege to know you and to work with you all. Thank you. MR. MILLER: Your next speaker is Jim Crain. He'll be followed by James Gault. MR. CRAIN: Good morning. I'm Jim Crain, a 19-year resident of La Peninsula. I would like for you all to please let the advisory board be seated. Our community is anxious to move forward with this process. We believe we have met all the legal qualifications necessary to proceed. Thank you very much. MR. MILLER: Your next speaker is James Gault. He'll be followed by your final speaker, Abbe Drossner. MR. GAULT: Good morning, Mr. Chairman. Good morning, fellow Commissioners. I wanted to thank you for taking this item under consideration and say that we've been working on this in La Peninsula for a long time. And we've been on the one yard line for the last few months. I'm just asking that you move the plan forward and seat the board today. Thank you for your time. MR. MILLER: Your final speaker is Abbe Drossner. MS. DROSSNER: Hi. I just wanted to thank all of you for seating the advisory board. We're looking forward to moving forward with this. Thank you very much. CHAIRMAN HENNING: Okay, there's a motion by Commissioner Fiala, second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. Page 16 January 28, 2014 COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #10B RESOLUTION 2014-27: RE-APPOINTING ANTHONY MARINO TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD — ADOPTED MR. OCHS: Item 10.B is appointment of member to the Collier County Code Enforcement Board. COMMISSIONER COYLE: I would like to nominate Anthony Marino. COMMISSIONER FIALA: Second that. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Fiala to appoint Tony Marino -- Anthony Marino. Actually it's a reappointment. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Next item? Item #11A Page 17 January 28, 2014 OPTIONS FOR IMPROVED EMS RESPONSE TIMES THROUGHOUT COLLIER COUNTY - MOTION TO ACCEPT THE PROPOSAL FOR THE SHORT TERM CHANGES AS PRESENTED IN ATTACHMENT #4 AND STAFF CONTINUE TO REFINE A COMPREHENSIVE LONG TERM LOGISTICS PLAN AND HAVE THE PSA REVIEW TO GIVE CRITICAL FEEDBACK AND FOLLOW UP ON HOW TO ENHANCE IMPROVEMENTS — APPROVED MR. OCHS: Yes, sir, that takes us to Item 11 this morning, Mr. Chairman, County Manager report? Item 11 .A is a recommendation to consider options for improved EMS response times throughout Collier County. And Chief Walter Kopka from EMS will make the presentation. As he's setting up, Commissioners, I'll just remind the Board and the audience that at the last meeting the Commission directed staff to evaluate some options to improve our response time for our ALS service throughout the county, and this is our response to that directive. It essentially accelerates some of the staffing and operational components of your recently adopted AUIR for your EMS operation. And Chief Kopka will take you through the details of the plan. CHIEF KOPKA: Good morning, Commissioners, Mr. Chair. For the record, Walter Kopka, Chief of your Emergency Medical Services Department. Appreciate the opportunity to present these options to you today. As you know, it was originally scheduled for February. It's an important issue to us. Staff worked hard to get this together and get it in front of you as soon as we possibly could. Couple things we're going to do today. One is to look at a couple isolated zones that have been challenging to us in our AUIR review Page 18 January 28, 2014 that we do annually. The second is to explore options to become a standard eight-minute response in the rural district as well. So we're going to look at both of those options today. I think it's important to note, although we do have isolated zones that don't meet our level of service standard, countywide we do. Countywide we have an eight-minute travel time 90 percent of the time. And currently for the rural district that 12-minute travel time is met 89 percent of the time. And our goal there as you know is 90 percent. So we're within one percentage point of that. As I mentioned, we do have an isolated zone in East Naples we're going to address. North Naples as well. We're going to talk about a seasonal ambulance for Marco Island and then address the rural eastern part of the county. This option involves three different moves of ambulances. And I'll show you a map in just a minute of why we're doing this. But part of this option is to move one of the two ambulances which is located in downtown Naples, Eighth Avenue South in downtown Naples, to 26th Avenue North. And the reason for that is simply numbers. There are about 600 more calls in the -- we'll call zone two or the northern part of the city than there is downtown Naples. And although we far exceed our level of service in the City of Naples, we're on scene 97 percent of the time eight minutes or less, that ambulance would be better served to be stationed at the north end of the city. And we've discussed that. I've had discussions with Chief McInerney in reference to that and we need to make some station renovations to do that, but that's part of this option. CHAIRMAN HENNING: Chief, before you continue on, Commissioner Hiller has a question. COMMISSIONER HILLER: Thank you. Was this presented to the Public Safety Advisory Board? Page 19 January 28, 2014 CHIEF KOPKA: No, ma'am. COMMISSIONER HILLER: Shouldn't that be done first before it's brought forward? CHIEF KOPKA: That's certainly an option that we can discuss. COMMISSIONER HILLER: I would like to suggest that that happen first before we have this presentation today. CHAIRMAN HENNING: I'm satisfied with that, Commissioner. COMMISSIONER FIALA: May I just ask a question? Because Marco right now is experiencing a high demand and this ambulance for the Marco area was supposed to begin on February 1, if we delayed it to another meeting it would delay also the service that they need. And soon the season will be over. Is there a way for us to at least accommodate them? I think it's really important to all these areas, quite frankly, that we don't delay it any longer. COMMISSIONER HILLER: Well, I have some concerns about some of the proposals in here. Some of the considerations make sense, some of them don't. Like, for example, you know, adding transport to north -- or buying an ambulance, as I understand, for North Naples, I mean, I'm not quite sure why we would be doing that. I don't understand, for example, why we would be hiring more paramedics to service Chief Greenberg's area when she's got paramedics on staff that merely have to be ALS certified to improve the level of service. I mean, it seems to me that, you know, if there are immediate actions, like for example what Commissioner Fiala is recommending, that make sense to do right now without an expenditure of funds, we should go ahead and get it done, I agree with that. But like, for example, you know, I don't see why we would be buying an ambulance for North Naples when the problem is out in the Estates. And North Naples could go ahead and buy their own Page 20 January 28, 2014 ambulance and do transport. CHAIRMAN HENNING: Are we going to wait to get the advice from the Public Service Advisory -- the authority, or are we going to hear this item? I think that was a question. CHIEF KOPKA: My direction was to bring it back to the Board the first meeting in February. Staff worked hard to get it back to you sooner. I can address all those questions that you have, Commissioner Hiller. I think as long as I -- CHAIRMAN HENNING: But first we need an answer to the question: Is it the wishes of the majority of the Board to continue this to get the advice of the Advisory Commission. Commissioner Coyle? COMMISSIONER COYLE: I think it was very clear that the Board issued guidance to the county staff to come back with a report. I don't think it's appropriate to delay any longer taking these actions. And secondly, I think the PSA is mostly an ineffective and unreliable force and organization to make these kinds of determinations and it would be a waste of time, in my opinion. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I'm still concerned with the areas that need it most. CHAIRMAN HENNING: I know. Do you want to hear this now or do you want to delay it and get some input from the Advisory Board? COMMISSIONER FIALA: I'd like to hear it right now. CHAIRMAN HENNING: Okay, commissioner Nance? COMMISSIONER NANCE: I would like to hear the proposals of EMS and staff at this time so at least the public is aware of what discussion items are up. If it's decided by the majority of the Board that the PSA should review it, certainly the public should be aware of Page 21 January 28, 2014 what's being reviewed and what is under discussion. So I'm in favor of hearing the Chiefs presentation at this time and having some reasonable discussion about it. COMMISSIONER HILLER: I have no problem hearing it. But I think it needs to go back to the PSA. You know, we can maybe pick a few limited items like the one Commissioner Fiala has recommended as being important and something that could be done immediately without any cost. That makes absolute sense. And with respect to the other items, I think that should be reviewed by the PSA and then brought back. CHAIRMAN HENNING: Okay, so we're going to continue this item. There's a majority that wants to hear this and make decisions or recommendation to the county staff. CHIEF KOPKA: Thank you, sir. The second part of this is to relocate the ambulance that's at our EMS Station 24, Airport Road, just north of Golden Gate Parkway, to the East Naples Fire Station on Davis Boulevard. I've had conversations with Chief Schultz about this item, and they would welcome that relocation of the ambulance. And then to relocate one of the two ambulances on Santa Barbara EMS Station to Physicians Regional on Collier Boulevard. And again, we've had conversations with Collier Boulevard to lease space there. We've reviewed it and that is a good option for us. The map here may look a little bit busy, but I'll explain each one as we go through. Currently we have two ambulances in downtown Naples. There's about 1,500 calls in that zone in downtown Naples, and there are about 2,200 calls in the north end of the city. So relocating one of the those ambulances puts it in a zone that's a busier zone closer to the call volume makes perfect sense to us. Needs some station renovations which we're working with the city on to accommodate that additional Page 22 January 28, 2014 ambulance, but that's a very feasible option for us. The second down arrow there represents moving the ambulance from EMS Station 24 to Davis Boulevard. The Zone 75 on Davis Boulevard, they are one of our busiest zones. They respond to about 3,200 calls a year, top two, top three busy zones we have in the entire county. So again, moving an ambulance to a busier zone closer to a call volume is very important to us. And then lastly, we have two ambulances on that Santa Barbara/Davis Boulevard Station, and to move one of those to East Naples, Zone 23, which has been a deficit in the AUIR for the past couple of years. This map shows calls in which it took EMS greater than eight minutes to travel to those calls. The darker -- the blue means -- represents more times that we had a greater than eight-minute response. So if you look at that Davis Boulevard proposed one ambulance, that puts it right in the middle of an area where it's taken us longer than eight minutes to travel to those calls. And on the lower right side where you see proposed one ambulance, that's that Collier Boulevard area. Moving one ambulance to that call volume is very important to us. So those three moves would all need to be done concurrently to achieve a better response for the East Naples area. Again, that Zone 23, putting the ambulance in the areas where the calls occur is what is exactly needed. COMMISSIONER FIALA: None of them cost any money? Excuse me. CHIEF KOPKA: Yes, ma'am. Yeah, there is a cost for lease at Collier Boulevard. And I believe for this six-month time period it was about $8,000. MR. OCHS: You might want to mention also the interlocal agreement that's underway with East Naples. Page 23 January 28, 2014 CHIEF KOPKA: Yes. Thank you, sir. And that is in place and expected to start April 1st as well. It's an Interlocal Agreement with East Naples Fire District to do an ALS engine SWAP program. And there will be ALS engines in East Naples, more importantly in Zone 23, at the lower part of that map where you see Zone 23 in that star. Even with an ambulance there for concurrent calls, there's still a number of calls that we can't meet that eight-minute travel time. So having that an ALS engine there for those concurrent calls is important to us and will provide improvement in those response times. Okay, moving on to North Naples options. Add an additional ambulance to North Naples Vanderbilt Beach Road Station as a temporary location. The North Naples area is our busiest area: Vanderbilt Beach Road area, Pelican Bay, Naples Park. Our busiest zone throughout the entire county. We currently have one ambulance there and one seasonal ambulance. And this area becomes a domino effect. When Zone 42 or North Naples zones get busy, ambulances are pulled in many different directions at many different times to cover those calls. So adding another resource to that North Naples area will improve response times throughout North Naples area. We have land to build, as an option, to build a station on Immokalee Road and Collier Boulevard. And we also have land at Vanderbilt and Logan, and that land is slated to build a station FY 2015. We have a longer term option here as I mentioned for Collier Boulevard and Immokalee or to explore the possibility of Golden Gate Station 73 as a long-term option for that area. That area is growing tremendously. Thousands of units going up in that Immokalee Road Corridor, Collier Boulevard Corridor. That's going to be a busy area for us in the not too distant future. Page 24 January 28, 2014 And this addition would also not only impact North Naples but this area will impact Golden Gate Estates as well as Big Corkscrew. I'll show you here. If you can picture the middle line here, you'll see a label there, says Immokalee Road, I-75 north and south, and then Collier Boulevard where proposed EMS Station FY 19, that's Collier Boulevard, ending at Immokalee Road, and again a heat map showing the proposed EMS Station in FY 15. You'll see where that ambulance will impact many calls in that North Naples area along Vanderbilt Beach Road and just north of that and Logan Boulevard. And I have a label there of where the Big Corkscrew zone starts as well. So a long-term option, to add a station to the Collier Boulevard/Immokalee Road area will not only impact North Naples, but it will impact Big Corkscrew as well, and Golden Gate Estates. Marco Island, we made an operational change effective the 15th of this month. And what that operational change does is it moves the Isles of Capri ambulance to Marco when the Marco ambulance gets a call. That will improve response times for are concurrent calls on Marco Island. And that is a temporary fix. That is somewhat of a Band Aid, because we're robbing Peter to pay Paul at times. But there are about 200 calls annually on Isles of Capri and there are about 2,000 calls a year on Marco Island. So operationally it does make sense to move that apparatus from Isles of Capri to Marco Island when they get busy to cover that concurrent call. The odds are the call will occur on Marco, so we're better off to move them there when that Marco ambulance gets busy. We still do have an ALS resource on Isles of Capri for that call that does occur on Isles of Capri, and that engine will remain there. We don't have plans to change it out. Page 25 January 28, 2014 The other change for Marco Island is effective the 1st, which is Saturday, if approved by the Board today, is to add a seasonal ambulance 12 hours a day, seven days a week through the month of April, the next few months. The majority of calls on Marco are during the day. If I remember correctly, 43 percent of their calls -- I'm sorry, I don't remember the number off the top of my head, but a high percent of calls are during the day and that seasonal ambulance will impact the majority of calls that occur on Marco. So that would be a big improvement to response time for Marco Island. And currently it does keep that Isles of Capri ambulance in their station more often for calls that occur in Isles of Capri as well. Okay, moving on to the rural district, Big Corkscrew options. We have an option here to provide a Collier County EMS Paramedic/ Firefighter to Big Corkscrew Island Engine 10, or one of their apparatus. At a local Golden Gate Estates Civic Association Meeting Chief Greenberg asked if that was an option for them, and she replied that it was, that they were open to options. And we think that's a good option for us as well. And then also to relocate one of our battalion chiefs to Big Corkscrew Station 10 on -- I'm sorry, Station 12, which is at Immokalee Road and Everglades Boulevard, a very rural part of the district. And again add another ALS resource to that area. I have spoke to Chief Greenberg about that. I think we're trying to work up some logistical options if that's feasible or not, but I think we're moving in the right direction to add another resource to that Big Corkscrew area. This is a map of Big Corkscrew and the options that we're discussing. The very top is Everglades and Immokalee Road, to add that EMS Battalion Chief to that area. You'll see where we currently Page 26 January 28, 2014 have an EMS Ambulance at Medic 10. And the lower part of the map is where we propose to put an EMS Firefighter/Paramedic to one of the Big Corkscrew apparatus, if that's good for them as well. The Immokalee option, Currently we have two ambulances located on South First Street in Immokalee. Again, a very busy zone for us. And having two ambulances in that zone is definitely needed. We're looking at relocating one of those ambulances to the Immokalee Fire Department Carson Road Station, which is off of Lake Trafford. I spoke to Chief Anderson about that. Again, some station renovations will need to be made to accommodate that ambulance and that crew, but certainly a possible doable option. And again, a heat map showing where the calls are that occur that EMS doesn't get to in eight minutes travel time. The proposed relocation is to put them right in the middle of where those calls occur and then to keep one ambulance in the South First Street station. Ave Maria Ambulance, very big zone. Although Ave Maria itself is fairly close together, the zone itself is fairly rural and a low amount of calls. I believe it's our slowest station throughout the entire county. But 12 percent of their calls are run in Big Corkscrew zone. So adding EMS resources to the Big Corkscrew will provide obviously quicker response in Big Corkscrew and possibly leaving that ambulance in Ave Maria to take more calls in their zone and prevent that pulling effect or domino effect we have when concurrent calls drop in bordering zones. Ochopee, Everglades City, again, 63 mile marker is under construction and is expected to be done sometime later this year. An EMS Paramedic/Firefighter will staff the apparatus in the 63 mile marker station. Funding is still pending for the operations of that. The building is being built. Funding has not been set or approved as of yet, but we're still working toward that project. Port of the Isles remains an ALS engine. We don't have any plans Page 27 January 28, 2014 to change that apparatus. And that is staffed with an EMS Firefighter/Paramedic. Golden Gate Estates and backup for Big Corkscrew, to add a quick response paramedic to EMS Station 75 -- or 71 on Golden Gate Boulevard, and then to replace that paramedic with an ambulance and crew FY 2015, and explore the possibility of a collocated station in -- on Everglades Boulevard or possibly Big Corkscrew. We have several options there that we can look at to add another resource to that Big Corkscrew/Golden Gate Estates area. This map here shows Golden Gate Boulevard is the east-west middle line here. And then Everglades Boulevard north-south right in the middle of that red circle. That red circle represents four miles, and we are comfortable we can get to most of those areas in eight minutes or less travel time. We're showing you where that current station is located on Golden Gate Boulevard, the left part of your screen. And then where we would possibly propose a collocated station with Golden Gate or the Sheriffs office. Big Corkscrew has also expressed the possibility of a collocated station in their area. But what I wanted to show here, the top half of your map, the pinkish area is Big Corkscrew. And an ambulance and resource located in this area will only not impact Golden Gate Estates area but also Big Corkscrew area as well. CHAIRMAN HENNING: Okay, thank you. Commissioner -- first Commissioner Hiller has questions, Commissioner Nance and then Commissioner Coyle. COMMISSIONER HILLER: Thank you. To begin, you addressed the East Naples interlocal agreement. We're not approving any interlocal agreements with anybody today; is that correct? CHIEF KOPKA: Correct. That agreement's already been Page 28 January 28, 2014 approved and the program is slated to start April 1st. COMMISSIONER HILLER: And I actually have a concern about that interlocal agreement and I just wanted to make sure that nothing in that agreement was being addressed here today. I don't understand how we can have an interlocal agreement with an independent fire district to give them the authority to provide ALS service under our COPCN. I don't understand why they don't have their own COPCN and why they're not assuming independent liability for acts under their own Medical Director and that COPCN. And I don't want to discuss it here now, but I want the County Attorney to come back with an explanation as to why we are assuming that liability when it's the independent district's liabilities. I think every district should have their own COPCN and their own Medical Director. If they want to hire Tober, they can do that, but this is a big concern to me. The second issue that I'd like to address is what you were proposing for North Naples. You're essentially proposing adding an additional ambulance. What is the cost of that? CHIEF KOPKA: Well, the ambulance itself is about $250,000. And crew is about 440 a year. COMMISSIONER HILLER: So what we're talking about as an initial outlay is close to 700,000. And on top of that a recurring cost of an additional 440,000. We are short funded. We are subsidizing EMS from the general fund. We don't have the funds to do this. Why are we not allowing North Naples to do this at their expense? They have, you know, a very strong financial position. I don't understand why we are doing this and not them. So I couldn't support that at this time. I think this needs to go back to the PSA. This needs to be vetted. And the decision to add an ambulance and that much staffing at that cost by the county as Page 29 January 28, 2014 opposed to North Naples needs to be reviewed. The next issue with respect to North Naples is the substation. I do understand that we have a piece of property that we are intending to codevelop. Leo, aren't we intending to develop that with the Sheriffs Office and North Naples Fire and EMS? Is that the substation you're referring to, you know, in your proposal about developing a substation? MR. OCHS: No, ma'am -- COMMISSIONER HILLER: Which one? MR. OCHS: The Board owns property, as the Chief said, on the corner of Vanderbilt Beach Road and Logan Boulevard, and they've owned it for some time and it's designed to be an EMS station. COMMISSIONER HILLER: But I thought we had a piece by Collier by 951, and is it Immokalee? MR. OCHS: You're correct. Yes, ma'am. We also have a piece there that the Board owns that was designated for an emergency services station. COMMISSIONER HILLER: So why wouldn't we develop that? Because that would seem to me to service both, you know, the eastern as well as the western part. It seems to be more suited to a wider span of service than the one you're talking about. And I'm not sure why we're not developing that in conjunction with fire and the Sheriffs Office as contemplated. MR. OCHS: Yes, ma'am. I think we're suggesting that you need both. That's what your AUIR said. And as the Chief mentioned -- and I'll try to put this up real quickly -- these are the response times in all of the individual EMS zones that's contained in your recently adopted AUIR. You can see zones 42 and 43. Those are areas that are falling below the eight-minute response time 90 percent of the time. And in Page 30 January 28, 2014 order to improve response in those two zones, we need another transport unit in that area of Vanderbilt and Logan to move that response time into the 90 percentage range. COMMISSIONER HILLER: Well, it just would seem to me it would make more sense to have North Naples Fire do it since we are short-funded. I mean, there is no reason for us to do it. And the other issue is North Naples has a piece of land, if I remember correctly, close to Gulf Coast High School. Why not let them develop a station there and maybe collocate or partner with them than building two separate buildings, if there is in fact a need to have a station closer to Logan as well as have one by 951? I mean, I think these are discussion points that need to be addressed with the independent fire district, and it should not be decided at this point. I don't think it's appropriate to come to a conclusion on those items when like I said you've got a partner who's financially stronger than us and who could more readily afford to pay than we could. And then we could, if we do have excess funds, which I don't believe we have, you know, allocate those funds to areas of higher need like Eastern Collier. The last thing that I'd like to address is Big Corkscrew. I am not clear based on your presentation how many additional people you are looking to hire to supplement services to that area. Can you clarify that and tell me the cost on that? CHIEF KOPKA: Sure. It is 12 FTEs through FY 15. An additional 15 FTTs through FY 23. MR. OCHS: Just for Corkscrew. COMMISSIONER HILLER: How many -- CHIEF KOPKA: I'm sorry. COMMISSIONER NANCE: That's the total, correct, sir? COMMISSIONER HILLER: So the total that you're proposing with what you're presenting here today is 12 FTEs through fiscal year Page 31 January 28, 2014 '15 and then how many more through -- CHIEF KOPKA: 15 through FY 23. COMMISSIONER HILLER: An additional 15? CHIEF KOPKA: I'm sorry, through 2023. COMMISSIONER HILLER: And what is the -- again, let's go over the annual cost here. CHIEF KOPKA: I'm sorry, get back to your first question, it's three FTE's for Big Corkscrew. COMMISSIONER HILLER: I mean, again, I think we're taking an incorrect approach. Because the whole point is to bolster ALS services, and we've already got the paramedics that are part of these fire districts. Getting them ALS certified to be able to provide that higher level of service instead of adding more people would seem to make a lot more sense. Again, you know, we don't have the funding. We're short as it is. CHAIRMAN HENNING: I think you need to take under consideration the presentation. We're removing staff. COMMISSIONER HILLER: But they're not moving, they're adding. CHIEF KOPKA: It's a combination of both, sir. COMMISSIONER HILLER: But this is all adding. This is -- the total we're proposing here of 15 total is in addition, not shifting. I'm not talking about shifting staff, I'm talking about increasing our staffing. CHIEF KOPKA: Correct. MR. OCHS: That is consistent with your AUIR that you adopted in December of last year. And again, while we do value the partnerships with the fire districts, they are non-transport ALS assistance, and we still need to have a transport unit to get to the scene in a reasonable period of time. COMMISSIONER HILLER: And you make an excellent point. Page 32 January 28, 2014 So the issue then is why aren't they transport? Because again, we don't have the funds. And if they have the funds, let's bolster transport, let's bolster ALS service through these districts. I mean, we're working on consolidation as it is. It doesn't make any sense, especially if we're working on consolidation, to add staff on our side when it would appear that there may be adequate staffing but not at the level of service that we need merely because we're not providing COPCNs and merely because we're not allowing these independent fire districts to purchase transport units or provide transport units which they probably already have. CHIEF KOPKA: Mr. Chair? CHAIRMAN HENNING: Yes. CHIEF KOPKA: County Manager, can you put the slide back up? Go back to the -- MR. OCHS: Which one? CHIEF KOPKA: Podium computer. Commissioner Hiller, this map represents a combination of North Naples first arriving unit as well as EMS. Some time ago I met with Chief Stoltz and requested his permission to use their apparatus times in our AUIR. So their times still don't meet -- with their times, with their apparatus, we still don't meet our eight-minute travel time in these blue areas. COMMISSIONER HILLER: That's what I'm saying. CHIEF KOPKA: Including their staff. COMMISSIONER HILLER: I understand. So let them buy the ambulance, let them provide the transport, let them, if there's a need for additional staffing, hire the people. Why are we taking on the cost when they could do it is my question. I mean, we don't have the money. We're short. CHIEF KOPKA: And to address -- COMMISSIONER HILLER: We plan on raising taxes? Page 33 January 28, 2014 MR. OCHS: That's a policy decision for the Board. We were asked to bring back this plan -- COMMISSIONER HILLER: I understand. MR. OCHS: -- which we did. We're a countywide EMS service so we tried to address all the needs countywide. COMMISSIONER HILLER: And what I'm suggesting -- and I appreciate that, Leo, and I'm very delighted that you've brought back some solutions which are non-cost solutions. And those solutions I think we should adopt and have the PSA review to confirm that whatever we're adopting is, you're recommending, is the right thing. With respect to those items that cost where we clearly don't have the money, I think we need to look to our partners and we need to look further to this question of consolidation. You know, when I look at this, you know, North Naples and Big Screw (sic) could consolidate. I mean, that's an option. I'm just throwing some suggestions out there. But I think it would be imprudent of us to make financial commitments to increase our staffing and buy equipment when we have partners who can better afford to do that than us. And I don't think we need to raise taxes to get it done. Because we will get that level of service we need through the partnerships and with these independent districts getting their own COPCN, because we have to shift the liability away from the general population. I don't think the general population should take on liability for East Naples or whichever other COPCN Interlocal Agreement we've got going. CHAIRMAN HENNING: And the issue is is transport. When you transport one to the hospital, that is taking time up at the hospital. What you're proposing is the independent districts do that. The Board has had a long-term standing, once they consolidate, that we will start talking about consolidation on EMS. So I'm encouraged for you to say consolidation, consolidation, Page 34 January 28, 2014 consolidation. COMMISSIONER HILLER: Absolutely. CHAIRMAN HENNING: You know, it's the issue of the chicken or egg. You want to consolidate EMS into the independent fire districts before consolidation. I think this Board has taken a long-term stance of once they consolidate we will have that discussion. I'm not going to change my mind on that. COMMISSIONER COYLE: I'm not either. CHAIRMAN HENNING: I don't see the majority of us doing that. So we're going to move on to Commissioner Nance and then Commissioner Coyle. COMMISSIONER HILLER: I'd like to make a motion before we move on to approve any of the non-cost changes being proposed here today, and any of the cost-related changes to go back to the PSA for review and then brought back to the Board with the funding source, if any costs are going to come back to the county, being clearly identified. COMMISSIONER FIALA: I'll second that. COMMISSIONER COYLE: Commissioner, can I address -- have a debate on that motion? CHAIRMAN HENNING: On the motion? First of all, I need to recognize it. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: And then if there's a second then we can have debate on it. COMMISSIONER FIALA: I seconded it. CHAIRMAN HENNING: Okay, so there's a motion and a second to adopt the changes, no fiscal changes. And then the other one is bring the rest of it, the Public Service Commission, with those fiscal recommendations. Page 35 January 28, 2014 Commissioner Coyle? COMMISSIONER HILLER: And again, with the intent to see if partnerships could be developed. COMMISSIONER COYLE: This will only delay our decision to correct response times for people throughout Collier County. The last time we discussed the issue with Big Cypress, there was a rather heated discussion about why would you delay doing something for Big Corkscrew -- I'm sorry, I should have said Big Corkscrew. Why would you delay doing something for them, you're putting people's lives in danger. And I think what the staff has done is they have analyzed what is necessary to respond immediately to some of these issues at minimal cost. And they've also proposed some capital costs for long-term processes. So for a motion to say implement those with no additional cost, what does that mean? No cost over $10? No cost over $1,000? There are going to be some costs associated just with moving existing resources from one place to another. So I think it's a poorly worded motion, but I think it gets at the issue we need to get at which is to implement those things that can be done immediately without major capital expenditures. Of course all budget items will come back to us anyway. If you're going to increase staff, you have to get approval to do that anyway, if you haven't already budgeted for it. So capital costs and additions to staff are subject to our review no matter what action we take on this today. We could approve the whole package and say okay, proceed with this and you'll still have to come back to us to get authorization to build a new station, rent a new station or to hire substantial staff above those that you already have budgeted for. So I would suggest a completely different approach, and if I can just clarify a bit. Page 36 January 28, 2014 I believe that the commissioners of the districts know more about their need for services to address the health, safety and welfare of their people. So if the commissioner in another district wants to change some items that involve that district, I don't have any problem voting to say anything that has anything to do with North Naples you can take out of this. If that's what the commissioner in that district wants to do, I'd be happy to do that. But I can tell you from my standpoint things that are proposed in my district are mostly low cost, they involve relocating resources in a way that makes sense, it's common sense. And the same thing is true in District 1 . So I don't see why we should suffer because there is a debate about what North Naples wants to do. So I would suggest we have a different motion, which is to say proceed with those items that will have an immediate -- will cause an immediate improvement in our response times without substantial capital cost. And then we could continue to research those capital costs and we can continue to evaluate them as you bring them forward. And that's what you'd have to do anyway, no matter what we do. CHAIRMAN HENNING: Okay, is there any other further discussion on the motion? I know Commissioner Nance, you want to speak about the item on the agenda. COMMISSIONER NANCE: I want to speak on the item. I can't support the motion. CHAIRMAN HENNING: Yeah, I can't either. COMMISSIONER FIALA: And I wanted to pull my second, because I agree with Commissioner Coyle, he makes a lot of sense right there. CHAIRMAN HENNING: Okay, Commissioner Fiala pulls her motion. Is there a second to Commissioner Hiller's motion? (No response.) Page 37 January 28, 2014 CHAIRMAN HENNING: Okay. So we're going to continue on this item with Commissioner Nance and then Commissioner Coyle. COMMISSIONER NANCE: Yes. Thank you, Mr. Chairman. Our county EMS system has suffered greatly with the economic downturn, as have services of all kinds throughout the county. And of course what we have seen in order to survive with less funding is incremental changes back and forth over time in our levels was service standard. And at some point, you know, we basically were forced to make a change to segment the county where one portion of the outlying areas of the county was trying to get an ALS response time in 12 minutes or less while the rest of the county continue to enjoy a goal of eight minutes. That's a 50 percent increase. You know, the wider discussion that we have entered into in the last meeting and this meeting was really brought forth by Big Corkscrew Island Fire and Rescue District and Chief Greenberg who rightly raised awareness of the lack of meeting their response times. And it was very, very difficult for me to criticize the application for the COPCN at that time. However, I think the philosophy really that we're discussing today is whether we're going to return to a countywide response time goal for ALS of eight minutes. And I think it's appropriate. And I think we need to do that as soon as practical. And I do believe that we do have the funding to make some thoughtful changes at this time that could have an immediate impact. Not just down the road but this season. This agenda item calls for things to be effective as of April the 1st. That's now, okay. Attachment four, which was included in today's backup, outlines the different suggestions that the Chief brought forward in order to move us back in the direction of an eight-minute response time. They are logistic changes and they are also expenditures that are certainly Page 38 January 28, 2014 lined up with the AUIR, they're an acceleration of some of those things that we just approved in December, which was our long-term 10-year program for improving the delivery of ALS services by Collier County EMS, our comprehensive unit. I would really like to -- and I believe that these proposals clearly -- if everybody will examine them, these heat maps are tremendously revealing, because they show where the gaps in service are. I believe that this benefits the entire county. And that was the hard decision that I had to make last meeting, to deny the individual COPCN to Big Corkscrew Island in favor of doing something that was going to benefit everybody. There have been specific deficiencies located everywhere. I believe that Marco Island needs a seasonal ambulance, just as the Chief has said. And yes, it's going to cost $133,000. But they need it now. They don't need it six months from now. Six months from now those people will have gone back home. So I would like to make a motion that's twofold. Number one, I would like to adopt the proposal of the Chief to go forward with the program, just the immediate portion of it, that are focused on a -- starting to improve service as of April 1st. And I would like to also encourage and support a follow-up by the PSA to opine and give us critical thought on how we can enhance this. I am not interested personally in another 7-6 or 6-7 vote on whether it's a good idea or bad idea. I would really appreciate some critical thought out of those people. I get it from very few, frankly. And it's becoming an agency that's losing what it should be, which it should be a very great and powerful organization, and it's not. It's drifted. Some of these things I think are absolutely great. I think the logistics changes are appropriate. There's nobody that knows them better than these gentlemen here. It's not like this is their first rodeo. Page 39 January 28, 2014 They think about this continuously. So I would like to -- like I said, I'd like to make a motion that the Board of County Commissioners approves these things so we can get immediate impact. And the five-year future impact, I think of course we should engage everyone, all the independent districts, to particularly talk about capital infrastructure spending. There's a proposal here in our AUIR that calls for $5.5 million worth of buildings. Collocation, synergy, cost sharing, all those things should be considered. But I don't think we can continue to kick this can down the road. I'm delighted that the Board supported directing the County Manager and Chief Kopka to bring this forward and I want to take some decisive action here. Thank you. CHAIRMAN HENNING: Okay, let me try to capture a motion. Your motion is to approve staffs recommendation? COMMISSIONER NANCE: For the short-term adjustments to the EMS program, sir. CHAIRMAN HENNING: As presented. COMMISSIONER NANCE: As presented. COMMISSIONER HILLER: What are you defining as short term? COMMISSIONER NANCE: The items and the logistical changes and the expenditures as defined in attachment four under the time frame April 1st, 2014. COMMISSIONER FIALA: That's what I wanted to talk about. The -- CHAIRMAN HENNING: Okay, well, let me find out if there's a second -- COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: -- on the motion. There's a motion and a second by Commissioner Coyle. Page 40 January 28, 2014 COMMISSIONER COYLE: But I would like to make a friendly amendment to the motion -- CHAIRMAN HENNING: Go ahead. COMMISSIONER COYLE: -- and that is to suggest that the staff continue to refine the longer term solutions and present them to the Board for future consideration. COMMISSIONER NANCE: Indeed and of course, sir. CHAIRMAN HENNING: Okay, there's an amendment to the motion to direct the County Manager to refine -- continually refine the COMMISSIONER COYLE: Long-term. CHAIRMAN HENNING: -- long-term response to medical calls. Commissioner Fiala, you want to talk on the motion? COMMISSIONER FIALA: Just one little exception. CHAIRMAN HENNING: Because I have to go to Commissioner Coyle. COMMISSIONER FIALA: This is exactly on the motion. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: You mentioned a couple times April 1, but actually the Marco starts at February 1, this coming Saturday, I think it is. COMMISSIONER NANCE: Yes, ma'am. That's my error, ma'am. COMMISSIONER FIALA: That's on the record. COMMISSIONER NANCE: Yes, ma'am. I just was looking at this time frame column and I note that, yes, February -- April, 2014 is that issue, yes, ma'am. COMMISSIONER HILLER: I'd like to ask Commissioner Nance a question. CHAIRMAN HENNING: Let me go to Commissioner Coyle. Page 41 January 28, 2014 He's been on deck. And then I'll go to Commissioner -- COMMISSIONER COYLE: I think I've said everything I need to say. CHAIRMAN HENNING: Okay, then after Commissioner Hiller I want to -- well, let me remind everybody, we're past our 10:00 a.m. time certain. We're doing a 10:30 break for the court reporter. We have six speakers on this item. Commissioner Hiller? COMMISSIONER HILLER: So to clarify for my understanding, you are only suggesting approval of the April 1st, 2014 recommended actions. Which by the way includes adding six new full-time employees to North Naples. COMMISSIONER NANCE: Yes, ma'am. COMMISSIONER HILLER: Really? Why would you recommend that? Why are you recommending that, when North Naples could go out and at their expense hire six full-time employees as opposed to us using funds we don't have? Explain that to me, please. CHAIRMAN HENNING: I don't think that we can expend other special districts' monies. COMMISSIONER HILLER: No, but we can ask them if they would consider hiring six full-time employees, if that's the need, as opposed to immediately out of the box suggesting that we do it ourselves. We are short funded. Why are we not looking to our partners and asking them? They are a very wealthy district, they've got the funds, they have very substantial reserves. In fact, you know what I'd like to ask? Could -- CHAIRMAN HENNING: Is Chief-- COMMISSIONER HILLER: Stoltz is here. CHAIRMAN HENNING: -- Worley Stoltz on the speaker? COMMISSIONER HILLER: Is he one of the speakers? Page 42 January 28, 2014 MR. MILLER: No. CHAIRMAN HENNING: Well, put him on there. COMMISSIONER HILLER: Could he address my question now before we vote? I really need to hear -- because if I'm suggesting something that wouldn't be a consideration for North Naples, then clearly we need to spend the money. And I need to understand why. COMMISSIONER COYLE: They're going to have to buy ambulances. COMMISSIONER NANCE: I would like to respond, ma'am, to generally let people know and let the Board know what my thinking is. COMMISSIONER HILLER: I'd like to hear his opinion too. COMMISSIONER NANCE: Yes, ma'am. CHAIRMAN HENNING: Chief? COMMISSIONER NANCE: I do not believe that I as a county commissioner or any other single county commissioner has the ability to go in and review the overall logistics plan of Collier County EMS. I wouldn't pretend that I'm qualified to do that. So my request was from staff and the Chief in charge of the comprehensive unit to come back and bring back to the Board a comprehensive logistics plan to address all the shortcomings that they thought they could identify as efficiently as they could and meet all the different needs that they've identified in the AUIR and through comments throughout the county. I believe they've done that. You know, I wouldn't request that a general of the Army go out and create a battle plan and then me come back and go hey, you know, why do you have that tank over there? Can you explain that to me? I just won't do that. I just won't. So that's why I support the package as a whole and I don't intend to go in and micromanage the proposal. CHAIRMAN HENNING: Okay, Commissioner Fiala. Then Page 43 January 28, 2014 Worley, if you don't mind -- or Chief, if you wouldn't mind. COMMISSIONER FIALA: Thank you. The only concern I have with this discussion right now is that we're -- as soon as we let somebody else buy ambulances and hire the people, now we're starting to fragment our own EMS system. And I can see the crumbling beginning. And then that's just one step and then it's going to continue to happen and all of a sudden we won't have a countywide EMS system anymore. And that concerns me greatly. CHAIRMAN HENNING: Well, I wasn't aware that North Naples had so much money. And I'm glad to hear that. Chief, do you want to tell us how much you want to give us? CHIEF STOLTZ: Good morning, Commissioners. For the record, Chief Stoltz, North Naples Fire. And I wasn't aware that we had all that money either. However, there are ways, and I've spoke with -- and trust me, I'm not prepared to speak on this issue, I didn't think I'd be up here today. Chief Kopka and I have talked over the last couple of years about some options and perhaps opportunities. I'd really like to be able to come to the table when we're talking about the North Naples District and talk about some of our opportunities that may be here. We have talked over the last couple of years. I know one of the ambulances that are recognized in our Zone 45. I currently run in that zone a fire engine with three and a squad with two. I could certainly take my two people off of my squad and put them on an ambulance and be able to transport in that area if I had the approval to do that. And I could put my two on there and Chief Kopka could put one of his on there and we could run two paramedics and an EMT and make a three-person ambulance and transport people all day long. However, doing that type of partnership, we would be looking at -- we could buy the ambulance, we could put two people on it. But I would expect to get some of the transport fee, which would be a cost Page 44 January 28, 2014 savings to both. CHAIRMAN HENNING: That's something -- COMMISSIONER HILLER: Only makes sense. CHAIRMAN HENNING: -- to consider. COMMISSIONER HILLER: Absolutely. CHAIRMAN HENNING: I'm glad you're talking to our staff to potentially bring that back in the future. COMMISSIONER HILLER: But hang on a second. You have not spoken to staff about this proposal? Staff didn't consult with you? I mean, you're running ALS service in this area and you were not included prior to this coming to the Board to suggest whether or not this is going to in fact be a good thing and how this is going to improve response in those zones where we are deficient? CHIEF STOLTZ: I had spoke to Chief Kopka in the last couple of weeks about the movement of-- or what would be an ambulance, your medic 24, which is that -- our shared station with East Naples, Golden Gate and EMS. I had heard that they were moving that ambulance into Zone 20 of East Naples, so I call Walter on that. He explained to me his reasoning behind that. Also, he was moving an ambulance out of the City Station 1 and moving it up to Station 2 where he had a greater number of calls which benefits our district by having that ambulance come up. Because not just the ambulance that services our area or that are parked within our district service our district. That ambulance out of 24 is a big part of our district, but the ambulance that comes out of Station 2 in the city is a big part of our district as well. COMMISSIONER HILLER: So he didn't discuss adding six full-time employees to North Naples? And I don't know if he discussed adding three full-time employees with Chief Greenberg? CHIEF STOLTZ: I didn't talk with him about that, no. COMMISSIONER HILLER: No. Page 45 January 28, 2014 CHAIRMAN HENNING: Yeah, it was the proposal -- direction of the County Manager to bring it back to the Board of Commissioners, not bring it to Chief Greenberg or any other chiefs. COMMISSIONER HILLER: Understood. But just to clarify, the reason I would have expected staff to do that is we are looking to work with our partners constantly to improve our response times. And if our partners can -- either has the staffing that appropriately license could provide that higher level of service necessary -- and by the way, we're not talking about transport. The issue here is response, not transport. So what we need is to get the response times improved. That is the focus. That is what we need to address. And as far as the PSA goes, you know, these disparaging comments that these people are no good and don't function effectively, I think they've working very hard and we have, you know, the best representatives of the service -- of the EMS service providers in the county in the system on that advisory board, and I think it's really unprofessional to disparage these people. CHAIRMAN HENNING: Okay, can we go to public comment now? Yes, go ahead, Commissioner Coyle. COMMISSIONER COYLE: In order to cut this debate a little short and let us take the actions that are important, could we modify the motion and just eliminate anything that has to do with the North Naples Fire District from this proposal? And if they want to continue talking about it with somebody and Commissioner Hiller wants to continue studying it, they can study it until hell freezes over, but let us get on with the things that effect our districts that we are strongly in support of. Would that be acceptable to you, Commissioner Nance? COMMISSIONER NANCE: Commissioner Coyle, with all due respect, sir, I really don't want to fragment this proposal. I really think Page 46 January 28, 2014 it's unfair to them. When they've done a logistics -- you know, they've got all the moving parts in there. So I appreciate your concern here, and I don't want to extend this either. I mean, I'd rather see the question called. But I do believe that they should be given a chance to do it in a comprehensive way. You know, I'm ready to do a follow-up motion to back up exactly what Commissioner Hiller said. I believe every -- you know, all -- every comment she's made about getting together with independent fire districts is valid and correct, I believe that. CHAIRMAN HENNING: Okay, the motion maker requests to call the motion. I'm going to accept that. I believe that we've had enough debate. We need to get civil on this item. I know there's some passion here, but it doesn't do anybody any good for jabs here and there. So let's go to the public speakers. MR. MILLER: Your first speaker is Burt Saunders. He'll be followed by Councilor Petricca. MR. SAUNDERS: Commissioners, Burt Saunders with the Gray Robinson Law Firm for the record. I'm representing the City of Marco Island. I'm here only to do two things: First Chief Murphy will be speaking, and then Councilman Petricca will be very brief. I want to thank you, I want to thank your staff for recognizing the need for additional transport capability on Marco Island. The seasonal unit is certainly a step in the right direction. It's not the permanent solution, but it certainly will get us through this season, and I want to thank you and your staff for that consideration. With your indulgence, I'd like to ask Chief Murphy to speak next, and he'll be very brief. CHAIRMAN HENNING: Is he a -- MR. SAUNDERS: He's registered. MR. MILLER: Yeah, I've read them in the correct order. He Page 47 January 28, 2014 had asked me to read them in that order. It should be -- CHAIRMAN HENNING: Chief Murphy? MR. MILLER: Chief Murphy, followed by Councilman Petricca. CHIEF MURPHY: Honorable Commissioners, audience and staff, first of all, I want to thank staff and I'd like to thank all of you for meeting with us and discussing our issue. We came before you, our staff, four months ago in reference to this issue. Our data, our demographics do substantiate the need for a full-time 24/7 unit. All of the demographics of the county, the construction work, everything else that's going on on 951 and 41 . Marco is at the end of the line. We appreciate staff looking at this issue and taking this first step of putting a seasonal unit. A seasonal unit is not the permanent answer. When you presented this plan yesterday is the first time we've seen this plan through 2023. And we're looking at a plan that we came before you to address the countywide issue. We stood before you and said we need three units on the road, transport units on the road 24/seven. And that was through staff and the meetings with Commissioner Fiala. And we came before you asking you to fund that amount of money in those units. Your plan through 2023 does not address the full-time unit on Marco Island, and we do feel it is critically important to the overall plan of this county. In looking at the overall plan as we discussed with you, there are things that you could do. The partnerships are critically important. They are critically important not just for us but for everybody. We all need to be sitting at the table looking at this plan. There are several things you can do. I looked at the plan yesterday and said why are you putting three ALS paramedics in Big Corkscrew when they stepped up to the plate and said we'll put our Page 48 January 28, 2014 people on your trucks? Why don't you put them out in Immokalee where you have areas that have 54 percent on your response time capability? COMMISSIONER HILLER: Here, here. CHIEF MURPHY: And I think us all sitting down at the table can address those issues. And that is critically important to us. We do appreciate the fact that you've opened the door and you put a part-time unit down on Marco for seasonal. But 60 percent of our calls -- we face the issues of concurrent calls maybe nowhere else in the county faces. We have 80 high-rise buildings, which increase our response time to patients by an additional six minutes. We're talking 14 minutes to get to anybody on the 10th floor. So the assets and resources tie up everybody within the county, and it should be a countywide partnership. And we look forward to the time when we can sit down. CHAIRMAN HENNING: Next speaker? MR. MILLER: Your next speaker is Councilor Petricca, to be followed by Chief Rita Greenberg. COUNCILMAN PETRICCA: Thank you, Commissioners. Amadeo Petricca, City Councilor, Marco Island. I've been assigned by the council to procure and have you guys give us a full-time ambulance on Marco Island. The Chief went through a lot of information concerning the Island, and I did my own calculations concerning our Island, our demographics, the highrises, the age of our population. Our population is increasing, where I read recently that the City of Naples population is on the decline. Commissioner Henning -- I met with four Commissioners. I didn't have the pleasure of meeting with you, Commissioner Hiller, but hopefully I can do that concerning the taxable values on Marco Island. Our taxable values went -- from 2007 to 2014 went down 34 Page 49 January 28, 2014 and a half percent. We went from $12 billion to $7 billion. But it's starting to rise again. It increased in 2014 by 1 .8 percent. I expect it to rise five or eight percent for 2015. So these are taxable dollars that we will be generating for the county, of which we do contribute a significant amount of tax dollars to the county, as well as the City of Naples, because they're about twice our taxable values. I appreciate having a part-time ambulance on the Island. It is direly needed by our population. Chief Murphy mentioned our highrises. But our population is increasing more and more. Senior citizens like myself are making Marco Island their permanent home rather than traveling back and forth to wherever they came from. I'm originally from New Jersey and I'm here full-time. I've been here over 11 years, and I've been an activist on Marco Island for eight years. But I like your consideration that you did give us. We appreciate it on Marco Island, the residents do. I've heard from them of having a part-time ambulance, but we're really in dire need of a full-time ambulance to take care of the citizens on Marco Island. I thank you for your indulgence and your consideration to try to get this into a 2015 budgets. I know resources back in 2011, when the City of Naples wanted another ambulance, you stated -- both the city and the county stated that they were short resources. We're still short resources. We're in 2014 and we're still talking about it. I appreciate your indulgence in getting more transport vehicles in Collier County and one especially in Marco Island. Thank you. MR. OCHS: Mr. Chairman, I'm sorry, let me remind the Board that not only is our proposal adding a seasonal unit to Marco effective February 1, but we've already, effective this past month, made an operational change to automatically send the ambulance from Isles of Page 50 January 28, 2014 Capri across the bridge and station them on Marco any time the ambulance down there is in service. So it's not just a seasonal unit that's being added. It's actually the second unit out of Isles of Capri and a seasonal unit. MR. MILLER: Your next public speaker is Chief Rita Greenberg. She'll be followed by Eric Watson. CHIEF GREENBERG: Good morning, Commissioners. Chief Rita Greenberg for the record, Fire Chief with Big Corkscrew Fire Control and Rescue District. I too would like to thank Chief Kopka and his staff for the efforts that they put into this report. We support and welcome the idea of enhancing the ALS services to the Big Corkscrew community, in addition to the rest of the county. My question is similar to what Chief Murphy alluded to. We have 10 paramedics on staff. We have made the offer to take the financial costs of training them, the financial costs of that liability by applying for our CON. And my question is, in the cost savings component would it make more sense to take those FTE's, place them in the Immokalee fire district, then you would not necessarily have to enhance or renovate the Station 31 site as presented, and then it would enhance that whole area even greater with allowance of the 10 paramedics that we have under the CON and the ALS service in Immokalee. They don't have the paramedics in Immokalee to even try that resource or option, so I just want you to take that into consideration as well. Thank you. CHAIRMAN HENNING: Thank you. MR. MILLER: Your next speaker is Eric Watson. He'll be followed by your final speaker, Michael Ramsey. CAPTAIN WATSON: Good morning, Commissioners. Eric Watson, Big Corkscrew Island resident and captain for the Fire Rescue Department out there. Page 51 January 28, 2014 I have a prepared statement that I'll share with you this morning. You have before you an executive summary proposal to improve significant adjustments to deployment of resources and personnel of the Collier County EMS Department that will increase the level of ALS service to the citizens of Collier County. Moreover, part of the proposal is an expansion of the ALS engine program with respect to the area currently served by Big Corkscrew Island Fire. As you know, you had a proposal to the ALS Engine Response Program in the form of a COPCN Application before you, at the last Commission meeting for consideration with PSA, Public Safety Advisory, recommendation for approval. Despite all the facts in the PSA recommendation for approval, a majority of the Commissioners voted to deny that request. Commissioner Nance indicated he wanted to see additional proposals, correlating cost analysis to be presented by county staff that would include increasing the level of service to that area. A motion was made and county staff was directed to bring it back to the commission ASAP. Which brings us today. I applaud Chief Kopka and his staff for doing what they've done in short order. Moreover, it's quite clear that they didn't just look at the Big Corkscrew area, they took a global countywide approach in their analysis. As a colleague and fellow public safety professional, at first glance I welcomed these long overdue proposed changes that will increase the level of ALS service area to the area where I work and I live. As a conscientious taxpayer, though, it appears that this proposal has in it a request to reallocate funds from county reserves, something that the Commission was adamantly opposed to with regard to Big Corkscrew Island dipping into their own reserves to provide that level Page 52 January 28, 2014 of service with regard to our COPCN application. I believe it's the Public Safety Authority that should review in great detail this proposal and vote to approve or disprove it prior to consideration by the BOCC. I think the thing that scares me the most is the track record. Commissioner Coyle mentioned earlier that he does not have faith, as did Commissioner Nance does not have faith in the Public Safety Authority. I would just caution you as you've been cautioned this morning, there are a lot of people on that Public Safety Authority with titles after their name of MD and CEO. I would not imply that they're wasting their time. Thank you. COMMISSIONER NANCE: No, sir, I just want to address your statement. I did not imply that the members of the PSA are wasting their time. I am saying that the information that's coming forth and the way it's being presented to the Board of County Commissioners is sometimes less than productive because we don't have as much critical commentary to allow the Board to synthesize what those members are presenting to us. What we typically get is we typically get a vote and sometimes those votes are very close or providing less information than perhaps it should as a body. I think the body is a very good body and we should use it more and more efficiently. But at present it hasn't been too productive. To me -- CHAIRMAN HENNING: We're not having any more debate on this item. The motion has been called. MR. MILLER: Your final public speaker is Michael R. Ramsey. MR. OCHS: Mr. Chairman, if I might, just to correct one statement. In the executive summary the implementation plan for the FY 14 proposed changes does not call for any reduction of countywide general fund reserves. Page 53 January 28, 2014 MR. MILLER: Mr. Ramsey? CHAIRMAN HENNING: Call the speaker and then we're going to vote on the motion. MR. RAMSEY: Good morning, Commissioners. My name is Michael Ramsey. I'm the president of the Golden Gate Estates Area Civic Association and a resident of the Big Corkscrew Island Fire District. I'm here today representing myself and that fire district. And I want to let you know today that I attend a lot of meetings, it's taken me a long time, and apparently I'm the only person here from the public representing this issue, which is kind of interesting. But I'm here to tell you, after doing some research and it's a complicated issue, I will tell you this: After attending a lot of fire district meetings, a lot of PSA meetings and doing a lot of research, you have my letters in front of you that I've sent. I did my own personal research in my fire district and I've talked to some other fire districts. And I find it to be amazing that there are options that are still not on the table. The second thing that I find amazing today is for the first time in five years I'm actually seeing Fire Districts come up here and trying to present some options. This is what I consider to be a first. I want to make it clear to the public and the people listening: Fire Districts are not experts in advanced life support paramedic emergency response. They are fire districts. To do that, they have to create a whole separate division to do it. In my fire district they're going to create a whole separate division to do it. To do that, they're probably going to have to raise my taxes. And to continue it they will have to raise it more. That means in the first year of this I'm going to have to be subjected, if that is successful, to a group of paramedics that have not practiced in the field. That concerns us. Page 54 January 28, 2014 Now, in regards to what's going on today, I find it encouraging the discussion to present options. Keep doing what you're doing, Commissioners. This is the oversight needed in this area. Force these guys to talk with the public and the Collier EMS, which is the Accredited Paramedic ALS service in the County. CHAIRMAN HENNING: Thank you. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. We're going to take a -- COMMISSIONER HILLER: I'd like to make a comment. And I have the ability and the right to do so post-vote. CHAIRMAN HENNING: Yeah, I'll accept it. We're going to take a 10-minute break after Commissioner Hiller's comments. COMMISSIONER HILLER: Mr. Ramsey, this is not the first time the fire districts have presented options. In fact, Chief Greenberg presented the option of the COPCN to bolster service, which would have been at no cost to the county and would have increased the level of service in her area. I am very impressed by what Chief-- the chief from Marco, Chief Murphy, what Chief Murphy said and what Chief Greenberg said and what the Captain said. I think you're all correct with respect to what you're describing as what is needed, which is increasing the level of service to Eastern Collier, like Immokalee, which is not benefiting from this as it should when it could at a much higher level. Page 55 January 28, 2014 And I also want to commend Chief Stoltz for bringing up an alternative which would further bolster the level of service at a substantially lesser cost to the county. I find it very disappointing that staff did not reach out to the districts to work with them before bringing this proposal forward. That's how it should be done. They need to work together. That did not happen. I support this motion because there is a lot of good that's being proposed. I don't agree with what's being proposed for Big Corkscrew or with respect to North Naples. And so what I will do is I will request reconsideration on just those two segments of this proposal and I will provide you that request in writing to bring that back. And I expect that in the meantime, since EMS did not reach out to the fire districts, I would like the fire districts to reach out to EMS to present proposals to modify what was presented here today to save the taxpayers dollars and to provide a higher level of service than is even being proposed here right now. CHAIRMAN HENNING: Thank you. We're on a 10-minute break. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN HENNING: Okay, we're going to go to our 10:00 time certain. Item #11B A MEMORANDUM OF UNDERSTANDING (MOU) WITH NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT (NNFD) THAT IDENTIFIES A PLAN TO DEVELOP AN INTEGRATED BUILDING PLAN REVIEW AND INSPECTION Page 56 January 28, 2014 PLATFORM THAT BETTER SERVES OUR CITIZENS AND MUTUAL CUSTOMERS - MOTION TO APPROVE STAFF'S RECOMMENDATIONS — APPROVED MR. OCHS: Yes, sir. It's Item 11 .B on your agenda this morning. It's a recommendation to approve a Memorandum of Understanding with North Naples Fire Control and Rescue District that identifies a plan to develop and Integrated Building Plan Review and Inspection Platform that better serves our citizens and mutual customers. And Mr. Casalanguida, your Growth Management Administrator, will present. MR. CASALANGUIDA: Thank you, County Manager. For the record, Nick Casalanguida. Good morning, Board members. I have Chief Worley Stoltz here, as well as some of the North Naples Fire Commissioners as well. Commissioners, as I call it in your agenda you gave direction to what is now the Chairman to work with us over the summer through last year staff to look into the possibilities of some consolidation in terms of plan review and inspection service. That was Commissioner Henning. Got to give a lot of credit to Commissioner Henning and his aide, Cam. They've been tenacious, following through and working with me to meet with not only the Fire Chief but Fire Commissioners, meet with the industry, get some feedback and bring back something to the Board that moves this item forward. In September the Commissioner and I attended a meeting with East Naples/Golden Gate -- it was actually East Naples at the time, they were in the middle of merger talks -- to ask them if they were interested in putting plan review and inspection to the county. They did not want to move that forward but voted 3-2 to continue to discuss Page 57 January 28, 2014 that with the county. Concurrently Commissioner Henning and myself went forward to the North Naples Fire Commission office and suggested the same thing. They were enthusiastic and voted unanimously to have Chief Stoltz work with county staff to look at plan review and inspection. We did that. And I'll call attention to three bullet points in your executive summary. The restoration of a one-stop-shop concept with all services at one location would greatly improve customer service and communication. Use of common technology and communications platforms would streamline services. And key, I think, elimination of redundant or delegated reviews or delegating reviews would lower fees and streamline services as well too. So the Chief and I worked together along again with Commissioner Henning's aide who put a lot of time into this. And put something forward, brought it to the North Naples Fire Board on January 9th. They voted 4-1 to move this item forward. And as your staff, I think it's a good item. This brings the fire plan review and inspection under one group and also puts it in our building back the way it was. COMMISSIONER HILLER: I'd like to make a motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Hiller, second by Commissioner Fiala to approve staffs recommendations; is that correct? COMMISSIONER FIALA: Uh-huh. CHAIRMAN HENNING: Any -- Commissioner Nance? COMMISSIONER NANCE: Yes. Commissioner Henning, I Page 58 January 28, 2014 would like to commend you for your efforts in this regard. And also the efforts of North Naples Fire and Rescue District to provide this. I think it's clearly going to provide enhanced service. And I give you all the credit, sir, for providing leadership in this area. Thank you. And I certainly support the motion. CHAIRMAN HENNING: Yeah, thanks for the comments. However, I think we all need to thank Camden, my aide, who worked with myself, North Naples and Nick Casalanguida. She did an outstanding job with public records requests and being tenacious on that, putting together a Power Point presentation with the administrators' approval. Anyways, I'm lucky as heck. Commissioner Hiller? COMMISSIONER HILLER: Yes, I'd like to commend Camden and you and Mr. Casalanguida and the other members of the staff and the community who worked tirelessly to get this done. And I sincerely hope this will improve the level of service and hopefully at a reduced cost for the benefit of the public. Because it has been a very difficult time for the construction industry, as well as the public. And hopefully this will put that to rest, at least as it relates to the North Naples area. So thank you very, very much. We really applaud you. And Leo, thank you. Well done. We can't leave you out. MR. OCHS: Thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, I hope that that can continue throughout the rest of the county as well. CHAIRMAN HENNING: Yes. I do want to recognize the Chief, Worley Stoltz in North Naples. He's going to work with our staff to reduce the existing redundancies and try to provide the best product they can to the consumer when they come get a permit. So my hat's off to the Chief and the fire Page 59 January 28, 2014 commissioners in North Naples for forward thinking. We hope, like you said, more to come. COMMISSIONER HILLER: I'd like to propose that we have a very clear second mission statement. Because our mission statement in our strategic plan goes on and on and, you know, basically says we want world peace. And I think it should basically be that we're looking to provide the highest level of service at the lowest possible cost to our constituency. MR. OCHS: Yes, ma'am, we're having a workshop on the 4th of February. When -- COMMISSIONER HILLER: Can you add that. MR. OCHS: -- get that opportunity to modify anything you'd like. COMMISSIONER HILLER: Right. And you can put parenthetically, no, we're not making a profit. Just FYI. But if you could. Because I think that is our mission statement. And every single time we vote that is our objective. MR. OCHS: Yes, ma'am. CHAIRMAN HENNING: We have one public speaker? MR. MILLER: Yes, your only public speaker is Norman Feder. MR. FEDER: I'll waive. MR. MILLER: And he's waiving. CHAIRMAN HENNING: Okay. Seeing no further discussion, all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) Page 60 January 28, 2014 CHAIRMAN HENNING: Motion carries unanimously. Thank you. Next item is our 11 :00 time certain. MR. OCHS: Yes, sir. CHAIRMAN HENNING: Look at that. COMMISSIONER NANCE: That's one in a row, sir. Item #11C A DRAFT LETTER, DIRECTED BY THE BOARD, REQUESTING THAT THE CITY OF MARCO ISLAND INITIATES A PLAN TO REPAIR GOODLAND ROAD (CR 92A) — APPROVED MR. OCHS: 11 .C, Sir, is a recommendation to approve the draft letter directed by the Board requesting that the City of Marco Island initiates a plan to repair Goodland Road/County Road 92A. And Mr. Casalanguida, your Growth Management Administrator, will present. MR. CASALANGUIDA: Thank you, Commissioners. Changing hats from Planning Regulation to Construction and Maintenance. Been working with Commissioner Fiala on this one as the residents of this area are concerned about 92A going forward into that project. In your package I put a photograph of that road under water. And as you know, or as we know in construction and maintenance, whenever a road is inundated with water, the base course and the pavement course ultimately will fail. And I think they're in a position where they recognize this road is their only vehicular access in and out. I've drafted a letter and I want to make one correction to that after Page 61 January 28, 2014 talking to a representative of Marco. In that letter we talk about an exchange where the county pays $1 million to the City of Marco. It is for all roads that were in their jurisdiction. So I'll make that correction with your approval. With that, we'll have any questions or comments. COMMISSIONER HILLER: I have a -- CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yeah, I just want to -- I had briefly the opportunity to speak with Nicole with The Conservancy. Have they been -- and I didn't have time to really talk at any length with them. I just want to know, were they incorporated in this consideration? Have they been brought to the table and have they given their input as to what's being proposed? MR. CASALANGUIDA: And with this, nothing's being proposed yet. But they have been at the table and they're required -- under the settlement agreement if we go outside the existing road footprint, you know, their comment and review will be included. COMMISSIONER HILLER: Okay, so good. So as long as we've got it on the record that they'll be incorporated and they'll be given their due speaking time under the settlement. Thank you. MR. CASALANGUIDA: You're welcome. COMMISSIONER HILLER: Nicole, does that satisfy your need? MR. MILLER: She is registered to speak on this item. CHAIRMAN HENNING: Is there any other speakers? MR. MILLER: Yes, you have four registered speakers, sir. CHAIRMAN HENNING: Okay. Well, why don't we wait and you can ask her that question then. Commissioner Fiala? COMMISSIONER FIALA: Yes, I have been working with Page 62 January 28, 2014 Nicole on this and we've sat down and talked about it at length in my office a couple of times, as well as we've worked with somebody else from The Conservancy. We went out to view the road. We've had a lot of problems with it. And the problems continue to mount year after year after year. It seems to be getting worse as the water rises. And so Nicole -- I mean The Conservancy has some concerns about how the road will be built so that the flow of water is not too intense to kill all of the mangroves in that area, and yet that the water can flow to maybe regenerate some of the mangroves that have died. And so they're going to be working closely. Well, they just want to make sure that the water continues to flow. And I think we're all going to be incorporating that. You all know that already. MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER FIALA: And we wanted to take in their consideration too because it's really important that that area stays alive as far as all of the sensitive -- environmentally sensitive plants that then spawn estuaries and so forth. On the same note, the people of Goodland have problems getting to their homes, or getting out. And we have to take in the safety of those people. It is imperative that they -- you know, I realize there are mangroves and I think we can work together to get both of them done, but those people have to be able to get home or get out of their home in case of storms and so forth. And we need to take their safety into consideration as well. I think we can do both. CHAIRMAN HENNING: Okay, let's go to our public speakers. MR. MILLER: Your first speaker is Mike Barbush. He'll be followed by Timothy Pinter. MR. BARBUSH: Good morning, Commissioners. My name is Mike Barbush. I'm a 33-year resident of Goodland in Collier County. I'm the past president of the Goodland Civic Association several Page 63 January 28, 2014 times. And I'm glad that we have a chance to speak about County Road 92A. The current road going into Goodland is in disrepair. It is our only way to get in and out of town. And it effects our health, safety and welfare. And we depend on this road to get in and out of town. The road is located within the City of Marco Island's limits, and as such it's their responsibility. The GCA has held meetings since the summer of 2008 with Norm Feder and Jim Mudd on this issue. And at that time we had the City, County Staff, we had people down from DCA and also from FEMA. We were trying to do a pre-disaster mitigation project and we had all the parties for several meetings on Marco. Unfortunately the recession happened and the funds dried up for that sort of funding. And this is what this whole project breaks down to is funding. We understand the City of Marco Island's financial situation, but we have been in an Interlocal Agreement with them for 15 years for $1 million a year. And I realize that money goes to different projects and we can't pinpoint just to Goodland Road. Marco has been a good neighbor. We've been through several meetings over the summertime. I've gone to every Budget, Subcommittee Meeting and every Budget Meeting for the last seven years on Marco, requesting funds but to no avail for this reason or that. So that's why we're here with you all today. We've looked for a partnership basically with the City of Marco in order to get our road fixed, but we are in some dire straits out there as far as the condition of the road goes. We acknowledge The Conservancy's concerns about the mangroves. There are actually two different ideas about how we approach this situation. One is less obtrusive to the mangroves. We have some concerns about some of the legalities of the Deltona Page 64 January 28, 2014 Settlement Agreement. I think things may be able to be tweaked there. Obviously there's some differences of opinion there. So why we're here is to try to marshal our forces with you. We are not voters on Marco Island, although I have a tremendous amount of respect for all the councilors. Tim Pinter and his staff has worked with us. And I just hope that we can come to some kind of a middle ground here. And again, it's going to come down to where the finding is on this road. We're on the MPO list but we're down at the bottom and this road, it needs some help right now. Thank you very much. MR. MILLER: Your next speaker is Timothy Pinter. He'll be followed by Greg Bello. MR. PINTER: Good morning, Mr. Chairman, members of Commission. My name's Tim Pinter, I'm the Public Works Director for the City of Marco Island. I'd like to thank Nick for clarifying a portion of that letter that stipulates that the million dollars that the county has been giving the city for the past several years, 12 years almost, is for all the entire roads on Marco Island. We have 126 miles of roads on the Island, including the Goodland Road. Your agreements -- or the agreements that we had in place began in 1999 with the county turning over all the roads on the Island, with the exception of 92 and 92A to the City. In 2002 that agreement was modified and changed to include 92 and 92A, and that's where the million dollars came from in that agreement. We've had several letters and correspondence back and forth. We've met with the Civic Association, with Commissioner Fiala. I think we've worked together hand-in-hand with The Conservancy. In 1999 we did a plan, we prepared a plan, we had a consulting engineer that came on board that designed a reconstructed roadway Page 65 January 28, 2014 which elevated the pavement surface, provided some cross drainage and basically other appertinents to a project. In 1999 that project was scheduled to cost $1 .3 million. When it was presented, that's when The Conservancy became involved with it because it did affect mangroves and it did affect the Deltona Settlement Agreement, and we were now able to secure support from The Conservancy, and so the project basically has been in limbo ever since then. We're in the phases now of looking to redesign. We've projected -- and a matter of fact, there was a letter on record sent to your County Manager back in 2009, late 2009, where we have that projected on our CIP for fiscal year '18; 2018 is when we're scheduled to do the redesign and to prepare a project to reconstruct the Goodland Road. With that being said, I can answer any other questions that the Commission may have. But I just wanted to reiterate that I'm glad that Nick clarified that point about the million dollars that's been donated or given to the City per year. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, just to go along with that, and some of the Commissioners weren't here when this all happened, back in 2002 there was as big ground swale going on, some problems upon Goodland. Some people said keep the road. Because the County had it under their jurisdiction, and then there were others. And later on I learned it was prompted by a couple of the restaurants areas there who were trying to get the road under the jurisdiction of the City of Marco. Finally I called Bill Moss, who was then City Manager at the time, and I said, Bill, you know, we'd like to keep this. But if this is important to you and we want to make sure that we have good relationships with Marco Island, I said you need to let me know. And he said we really want to keep -- we want to get that road under our jurisdiction. Page 66 January 28, 2014 So then I believe it was Leo worked out an agreement with them. He said well, give me the road and we'll give you the money to do it and we'll give you a million dollars for 15 years, as long as you get that road fixed. And you've only got three years left of that, by the way, and that's far before 2018. And as long as you pay attention to the Goodland people and fix that road for them. And as yet we haven't seen anything happen. And I'm sure that if you worked with The Conservancy -- because I've talked with Nicole, and there are ways that that can be worked out. Unless you'd like to give us the road back. CHAIRMAN HENNING: In interest. MR. PINTER: Commissioner, I agree with you, your whole scenario, I totally agree with that. And through the years we have done maintenance on that road. We've done a significant amount of maintenance. We've built a shared use bike path along it by grant through FDOT to the tune of $117,000. Over the years we've probably expended over $200,000 in general maintenance costs to do potholing and resurfacing. The problem with the road is honestly it's at sea level. And every time there's a high tide and there's a northeast wind, water goes over the road. It's been historically like that for -- since the road was probably built in 1946, you know, and it's a hard situation to face. Nick's comment about the water going over the road and damaging the base and the subbase of a roadway is absolutely correct. Totally correct. Our analysis shows that the road as it stands right now is kind of floating. It just floats. And the stability of that is what really drives the cost of the project, basically. CHAIRMAN HENNING: I have a question. So you -- correct me if I'm wrong. You stated when Marco Island agreed to take over the road we were to give a million dollars per year for general roads, but it happened in 2002? Page 67 January 28, 2014 MR. PINTER: That's correct, sir. CHAIRMAN HENNING: Okay. So probably the agreement understanding was that you can use it on any roads in Marco Island Districts. MR. PINTER: That's correct. And it wasn't -- CHAIRMAN HENNING: But the emphasis was to repair the road to Goodland. That's why that million dollars came into effect. And now you're saying -- you're not saying in 2018 that you're going under capital improvement, you're saying you're going into design phase. You're going to budget for design in 2018. That's unacceptable to me. Because it's public safety to the residents within the City of Marco's District. MR. PINTER: And maybe I misspoke or I misquoted. In 2018 is when we have it on our CIP for construction. So obviously the design will happen prior to that. CHAIRMAN HENNING: Okay, but you don't even know the capital cost of it until the design is done. MR. PINTER: That's correct. And we're going under the information that we have right now, the $1 .3 million in 2009 dollars, basically. We could be looking at a $2 million project. And it depends on how we modify the plan, to elevate the roadway without expanding into the mangroves. If I touch a mangrove out there, I'm not going to get the support of The Conservancy on any project out there. CHAIRMAN HENNING: Well, okay, so it's 16 years out since the agreement you're going to go under construction, assuming if it stays on the Capital Improvement Plan for 2018. Twelve years, $12 million. MR. PINTER: And if you read the agreement, you know, I'm not an attorney, I didn't play one on TV or anything like that. But, you know, the language in there reads for all roads and structures within Page 68 January 28, 2014 the City of Marco Island, which includes all the traffic signals, all the bridges, everything that the County turned over for our maintenance -- CHAIRMAN HENNING: But that turnover happened prior to 2002. The emphasis was on the road to Goodland. That's why we entered into the agreement. And that's what the City Council and the City Manager needs to focus on. It is an agreement and I would hate to see that agreement come back for reconsideration and then we get into who, when -- how Marco Island is going to pay back that $12 million or whatever it is, okay? MR. PINTER: Yes, sir. CHAIRMAN HENNING: Next speaker? MR. MILLER: Your next speaker is Greg Bello. He'll be followed by your final speaker, Nicole Johnson. MR. BELLO: Hi. My name is Dr. Greg Bello, I'm the President of the Goodland Civic Association. I'm here in support obviously for this road being made safe, made right without damaging any kind of natural habitat. We're all interested in the habitat staying healthy. However, we are concerned with the life, the safety of our residents. If something was built today, you would require two access points. I don't care if it's a Publix Supermarket, you would have a point that could -- if it was to be obstructed, you would have another access point to get out. When you build a house, you don't build one door into the house, you build a door into the house but you also have to have a window that's large enough for people to climb through to get out in the event of an emergency. Right now -- and we do not want any other access points, obviously, but right now we're in a situation where we have a very narrow access point that is float -- it's a floating road that is in the process of deteriorating and at times is covered by water. Under storm Page 69 January 28, 2014 conditions the road has been even further covered by water. And in the event, with our aging population, that we have a life threatening emergency, it would be very difficult for emergency vehicles to gain access to these people. So my position as the president of the organization is to look out for the betterment of our people, our residents. We're in very, very strong support of this. I've heard no objections from any of the residents that have talked to me about it. But we are needing your help to get -- to be our big brother to help allow for this road to be made correct and safe and for the future of our little island. We appreciate your consideration. Thank you. MR. MILLER: Your final public speaker on this item is Nicole Johnson. MS. JOHNSON: Good morning. For the record, Nicole Johnson, here on behalf of The Conservancy of Southwest Florida. I think first it's very important to reiterate, this is not about environment versus people or mangroves versus safety. It's about doing it right. And The Conservancy has been involved in this process for a number of years. There are two main factors: The Deltona Settlement Agreement, which is a legal agreement that does protect the mangroves on both sides of that road. And the second factor is finding that right balance for a solution. You just heard the previous speaker say this road essentially is a floating road, and that's true. So when we look at what the solutions are going to be, first of all, we have to acknowledge an environmentally sensitive area. Those solutions are going to maybe take a little longer, they're going to have to be more creative and they eventually probably are going to be more expensive to build. But it's much better to do it right the first time than to have to go back and fix the problems layer. Certainly the two die-off areas in that general vicinity are good examples of that. Page 70 January 28, 2014 So in looking at finding this balance solution, I will disagree a little bit with how Nick characterized it. The Conservancy has a stronger role than simply we give feedback to the county or the city in what they're doing. As a signatory to the Deltona Settlement, we really are integrally involved in the process. But we have found some good ideas that we think need to be carried forward. It's not about just staying within the footprint of the road and out of the mangroves, but it's also the compression factor when you build a new road there. If water is currently moving underneath the road, you need to understand what that flow is, how the water is moving from one side to the other so that you don't disrupt that inappropriately. So step number one needs to be studying and understanding that water flow. The City of Marco Island's natural resources specialist did ask for a scope of services for such work and it came back, it wasn't something that the city decided to pursue at that time, but it did come back and I believe it was 13, $15,000. So the city, the county, whomever, can really start that process to understand the water which can then be built upon when the design of the road comes forward. So we would courage that. And also, we have been talking with Mike Barbush and some of the Civic Association members, and we did have some maybe -- I don't want to call it Band-Aid solutions, but sort of interim step-by-step solutions for this. And there was a thought that where the road is very low and it's tilted at an angle, maybe you go in and you do some filling and fixing so it's a more even road. Again, after you understand the water flow. But we think there are solutions, we certainly want to be helpful to the process, and we need to do it without impacting the settlement or the mangroves. Thank you. MR. MILLER: And that is your final speaker on this item. Page 71 January 28, 2014 CHAIRMAN HENNING: Okay. I do have one comment. In the agreement it says that we will give a million dollars a year for the next 15 years. I think the letter needs to be changed to for Marco Island City Council to have a commitment date and attach that to the agreement that we have. Because, you know, I never would have thought that this would take so long. And obviously the road is not going to be $15 million to reconstruct or reconfigure it or whatever. So I don't want to lose sight of this. I want to make sure that -- I mean, we're living up to our agreement. We need to know when Marco Island's going to live up to their agreement. You want to make that part of your motion? COMMISSIONER FIALA: Yes, I sure do. Except that I'll extend it even one further. Everything you said I just totally agree with. But we ought to make sure that that commitment date, where the road is completed, constructed and completed before our money runs out. So that we know that it's being done and that they're using some of that money to do it. So they've got three years in order to do the studies. They've got to study the flow, just as Nicole mentioned. And they have to get the design in place and the permitting in place. And that's a lot of work to get done, even in three years. But they've only got three years left. And if we do it afterwards, or if we set a date but then the date is 2020, and then they'll say, you know, I'm just so sorry but we have so many things to do on Marco, we don't have the money, and then what happens to these poor people? So I think we need to put a date before our money runs out. CHAIRMAN HENNING: Okay. Is there a second to the motion? City councilman, you know you're not a registered speaker. COUNCILMAN PETRICCA: I know, but I'd like to just make a comment, if I may? Page 72 January 28, 2014 CHAIRMAN HENNING: Okay. Well, hang on. Is there a second to the motion? (No response.) CHAIRMAN HENNING: I'll second the motion for discussion. Now, let's have discussion on the motion. Any discussion on the motion? (No response.) CHAIRMAN HENNING: Councilman? COUNCILMAN PETRICCA: Yes, thank you, Chairman. I just want to make the comment that I will intimately get involved in this process and see what I can do to move it along. I know it's been dragging for a lot of years. I'm a councilman now for 15 months and I'm involved in a lot of things, but I commit to you that I will get involved and within a couple of months we will have some sort of information to give you feedback. COMMISSIONER FIALA: And will that information be that you'll have -- you know, the steps you'll take in order to have this road completed before the money runs out? COUNCILMAN PETRICCA: It's not -- well, the money may run out or whatever, but I think Marco Island has a commitment here that they have to keep. And I will try to insist, whether it takes longer than that, I will take that Marco Island's going to have to fess up and do the right thing. CHAIRMAN HENNING: Okay. Well, we're going to get some kind of response from the Marco Island City Council, and there may be further action on this such as an agreement amendment or to enforce the agreement. Okay? No further discussion, all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Page 73 January 28, 2014 COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #11D RECOMMENDATION TO REJECT AN OFFER RECEIVED FROM ASSET RECOVERY XVIII, LLC FOR THE SALE OF 305 ACRES IMMEDIATELY ADJACENT TO THE COLLIER COUNTY LANDFILL - MOTION TO APPROVE STAFF'S RECOMMENDATIONS — APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 11 .D. It's a recommendation to reject an offer received from Asset Recovery XVIII, LLC for the sale of 305 acres immediately adjacent to the Collier County Landfill. Ms. Toni Mott, your Real Property Management Director, will present. MS. MOTT: Good morning, Commissioners. For the record, Toni Mott, Real Property Management. The delivery team and I are here to answer any questions you may have in respect to this item. CHAIRMAN HENNING: Is there any questions? Entertain a motion? COMMISSIONER FIALA: Motion to approve. CHAIRMAN HENNING: Motion to approve staffs recommendations. COMMISSIONER NANCE: Second. Page 74 January 28, 2014 CHAIRMAN HENNING: Second by Commissioner Nance. Questions by the Board? (No response.) CHAIRMAN HENNING: Seeing none, all in the favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER FIALA: Good presentation, Toni. MR. OCHS: Good job, Toni. Item #11F RECOMMENDATION OF APPROVING THE RANKED LISTS OF FIRMS FOR REQUEST FOR PROPOSAL (RFP) #13-6164, PROFESSIONAL SERVICES: ARCHITECT AND ENGINEERING AND DIRECT STAFF TO BRING NEGOTIATED CONTRACTS WITH THE TOP RANKED FIRMS IDENTIFIED ON THE ATTACHED DISCIPLINE SHEETS TO THE BOARD FOR SUBSEQUENT APPROVAL — APPROVED MR. OCHS: Takes us to Item 11 .F on the agenda this morning. That is a recommendation to approve the ranked list of firms for Request for Proposal 13-6164, Professional Services, Architect and Engineering, and direct staff to bring negotiated contracts with the top-ranked firms identified on the attached discipline sheets to the Page 75 January 28, 2014 Board for subsequent approval. Ms. Price is available to answer questions or present, Mr. Chair. CHAIRMAN HENNING: With pleasure of the Board, any questions? (No response.) CHAIRMAN HENNING: Entertain a motion. COMMISSIONER FIALA: Motion to approve this item. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Coyle. I do have a question. This is going to comply to our future purchasing policy; is that correct? MS. PRICE: Yes, sir. CHAIRMAN HENNING: Okay. Because the executive summary -- I mean, whatever the executive summary states, if it doesn't comply to that purchasing policy -- MS. PRICE: It would have to be modified. CHAIRMAN HENNING: -- it would -- the executive summary's not going to be modified, it will just have to comply with the future purchasing policy. Okay, great. COMMISSIONER HILLER: I do have a question. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: With respect to these professional services, there was tremendous concern by the local professional community that some of the criteria used to select the firms, the professional service firms, included criteria that local firms could not satisfy, that these would be criteria that only, you know, large regional or national firms could potentially provide, giving those firms an unfair advantage in the selection process. Like for example, you know, papers written and things along those lines. Page 76 January 28, 2014 I brought it to Leo's attention and to Nick's attention when I heard the concerns of the community, and I was assured that those criteria would be removed to create an even playing field since, you know, we're looking for technical competency and in fact local vendors or local professionals provide the added value of having an intimate familiarity with the local area, and as a consequence can even oftentimes provide a higher level of service than the regional firms. So not wanting to see them unfairly eliminated from the selection process, I just want assurances that those criteria were in fact eliminated. MS. PRICE: Commissioner, the criteria you're referring to was just one portion of the entire solicitation that was used to determine qualifications. And in fact 81 percent of the firms that we're recommending being awarded contracts are local. COMMISSIONER HILLER: I know that one of the concerns was raised -- actually, Mr. Barber, you're not registered as a speaker on this, but there was one engineer in your firm that I spoke to, among other engineers -- Commissioner Henning, would you mind if Mr. Barber, who is an engineer come forward? And I'd like his input on that process. Because I do have concerns about it. I mean, if-- do you think it's fair as it stands right now? Could you comment, Mr. Barber? MR. BARBER: You put me in an awkward situation, since we were selected in everything we submitted for. COMMISSIONER HILLER: And I understand. But this whole discussion about this matter doesn't go to your selection, okay. MR. BARBER: I understand. COMMISSIONER HILLER: And you are a member of the professional community. And, you know, the discussions that we had was when the criteria was established before any RFP went out or anything like that. So I need to be sure, because I am very concerned Page 77 January 28, 2014 about it. And the reason I'm concerned about it, so you understand, Mr. Barber, is, you know, to the end of economic development locally, you know, I do care about the fairness of local vendor preference. And that goes to professionals. And we are going to reevaluate how the local vendor preference criteria will be used in the selection process for purchasing, because it will be codified, you know, more appropriately than it is. So I would like your input. Not as a vendor who's being selected, but as a professional in the community. MR. BARBER: I understand. We took issue with the fact that papers published and service on -- or officers and national committees, NSPE, ACEC, those types of organizations, that's very difficult for a firm to do in South Florida, because most of those national committees are in Washington and Maryland and those places. So it would be very difficult for a local firm to participate at that level. I think participation in Florida Engineering Society and participation in local government should be part of the criteria. If you're giving back to the community, you know, that should count. So I think the criteria could be modified and changed so local preferences -- or local participation is recognized. COMMISSIONER HILLER: I think that makes a lot of sense. Would the Board support recommending that the County Attorney consider modifying that -- not the County Attorney, but the County Manager, who is our -- you are our lead purchasing agent, aren't you, Leo? I didn't know you wore that hat 'til recently. But I think it's really important. Because personally I don't see where the benefit comes to see one of these firms sitting on some -- you know, the board of some national organization. We're not hiring them to lobby, we're hiring them to work on, you know, local projects, as I understand. Page 78 January 28, 2014 So -- and, you know, publishing papers, as I understand, is also one of the criteria. Or publications, if you will. And I just again don't see where that will make a difference. So I'd like to see that changed to follow suit with what Mr. Barber is recommending. MS. PRICE: Commissioners, we did include all those things that he recommended. We modified so that publishing papers have the same level of points as being a member of the organizations that he referred to. So we expanded that scope. Remembering that this is a CCNA solicitation, local vendor preference is not permitted. COMMISSIONER HILLER: I understand. MS. PRICE: And we're looking for qualifications, so we're looking for due diligence on how to determine that a firm has qualifications. COMMISSIONER HILLER: I understand. And I understand that it's an RFQ. My point is, is -- and I'm talking about -- I'm talking about the local vendor preference ordinance more generally, because I have a concern to that. And this is just -- I mean, we're dealing with local vendors as it relates to the CCNA, but then we have also the issue of the local vendor preference ordinance which we will be addressing. And if I didn't make that clear, I want to make that clear. But again, I want it narrowed the way Mr. Barber is describing. I don't know what you have -- how you have specifically modified it. I think what he described is very clear, and I would like to see it modified as he is describing it here this morning. MS. PRICE: And in the future not to accept papers or any of those publications as qualifications? COMMISSIONER HILLER: I don't think so. Why? It doesn't benefit us. I mean, what matters to us are the criteria that make a difference to how we are going to use these professionals. And, you know, if they wrote papers on topics that have been published Page 79 January 28, 2014 nationally that don't have anything to do with what we're doing with them locally, why do we care? I mean, I'm not going to give them credit for something that's irrelevant to the decision that I'm making. So I agree with Mr. Basher that, you know, a contribution by professionals within the State of Florida makes a difference. But these national criteria, which they cannot in any way -- or more likely than not participate in really gives these outside firms an unfair advantage that is irrelevant to our decision-making process. So I think in fairness it should be eliminated. And again, I'm repeating myself and I don't want to say it again, but I'd like to see it done the way Mr. Barber is recommending. And maybe my other fellow commissioners would like to weigh in on that. MS. PRICE: Is that the will of the Commission? CHAIRMAN HENNING: Yeah, we're going to have that discussion. I think Commissioner Nance has some input on that. COMMISSIONER NANCE: Yes. Commissioner Hiller, I think that's an excellent catch on this agenda item and I couldn't agree with you more. I don't want to enlarge this agenda item, because Commissioner Henning will rightfully correct me. But I believe -- COMMISSIONER HILLER: Because he wants to finish by noon. COMMISSIONER NANCE: I believe that criteria need to be established -- I think our criteria need to be looked at in general, and I think we'll get a lot more participation out of people that are really, really good vendors, not just architects and engineering, but elsewhere. I'll just -- I would certainly support any efforts to do that and I think Commissioner Hiller is absolutely correct. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: This is a bit more complicated than it appears. You wouldn't interview a prospective employee and Page 80 January 28, 2014 disregard their experience gained outside of the State of Florida or outside of Southeast -- Southwestern Florida. The objective is to get the best qualified people to do the job. And the qualifications of people are based on the things they do here, as well as the things they have done elsewhere. And if their resume adds sufficient quality to their qualifications, then they should get higher marks for that. And if someone has worked in similar projects in another state, in another agency perhaps, they should get points for that. And we should add to, to the extent we can, we can't in this process, but if they're a local vendor, we will add points for local vendors just because they're here, so we give them a break. But if we're going to get the most qualified professionals, you really should not try to limit your consideration of qualifications to just what they have done here in Collier County or Southwest Florida. You're looking for the total educational experience and vocational experience and what they've accomplished wherever they might have been. And I think it is a really bad idea to start trying to chisel away at your ability to select the best qualified person merely to target it for approving someone locally. I think that's just a very bad policy. CHAIRMAN HENNING: Well, you can't apply local preference in this one. So -- but can you apply local knowledge? I mean, I know that -- MS. PRICE: Absolutely, sir, and we did. CHAIRMAN HENNING: You did? MS. PRICE: Yes. CHAIRMAN HENNING: Okay. MR. OCHS: The local firms are the ones that were recommended for award. I think Mr. Barber just reiterated, they've been selected for every discipline that they submitted a proposal for. So again, as Ms. Price said, when you're dealing with CCNA it's Page 81 January 28, 2014 a two-step process. First you select based on qualifications so you have to have some criteria to determine the level of qualifications, and then you come back and negotiate price and bring those contracts forward -- COMMISSIONER HILLER: But they need to be relevant qualifications. In other words, you said criteria which is relevant. So if a national firm has published papers on issues which are not even relevant to us locally and they were published in Washington D.C. or Seattle, why should they be given any credit because it's not a relevant qualification? It is as -- we are looking for the qualifications. Mr. Barber, what's your position on this discussion? MR. BARBER: I don't disagree with Commissioner Coyle. Experience is experience, no matter where it happened. But I do agree with the selection process as it turned out. It worked out all right. Just to be clear, though, CCNA does not prevent selection criteria of location. It does specifically say you consider location in the CCNA. So I want to make sure that's clear. COMMISSIONER HILLER: So I don't understand. So are you now saying you don't have a problem with criteria of publications and membership on national boards on issues that are irrelevant to what we consider? MR. BARBER: It depends on the amount of points you get for that. If that experience is relevant to the work they're applying for, then it should be considered. But -- COMMISSIONER HILLER: But I'm talking about if it's not relevant. MR. BARBER: No. COMMISSIONER HILLER: So that is how it needs to be tailored. I mean, obviously anything relevant should be considered. But if it's not relevant, it shouldn't be a bonus. CHAIRMAN HENNING: And I think what you're trying to say, Page 82 January 28, 2014 this is just approving the request for proposals because of their qualification. Now we're going to get down to the job detail. So if you have somebody that wrote a paper or belongs to a syndicated publication or whatever and it applies to that specific task, that should be taken under consideration? COMMISSIONER HILLER: Absolutely. And only if it's relevant. CHAIRMAN HENNING: Only if it's relevant. Would that be simple direction above and beyond this approval? COMMISSIONER COYLE: That's the way you do it now anyway. COMMISSIONER HILLER: No. MS. PRICE: That's basically the way the process works. At this point, this is our general contract so we've got, you know, as many as 10 different firms on any one of the different disciplines, or will when we bring those contracts back to you. And then it will be up to the project managers to look at the firms that are on that list and depending on the price how many of them they're going to go back to and request their qualifications for that specific type of project. And so at that point again it would only be qualifications and not price. So again, they're going to be looking at the specific qualifications that that firm has to do the particular project. You know, right now we were looking at very general terms. When the projects come up, we're going to be looking very specifically. So if a specific firm has, you know, a tremendous amount of experience in our type of land, soil, et cetera, they're going to have more points than one maybe that hasn't worked in that particular area. CHAIRMAN HENNING: Commissioner -- MS. PRICE: The aspect of the qualifications that Commissioner Hiller's referring to was not just one single line item that was a yes or not. It was part and parcel of looking at their background. Page 83 January 28, 2014 COMMISSIONER HILLER: Well, obviously it should be. But I don't mean that it's a single item that's going to make or break the decision. You have to look at it in totality. But the weighting changes if you consider something that, you know, a pool of your applicants won't even qualify for and it is not relevant. Because again, even if you're at that broader level, you still need to be considerate of what they are applying for. And yes, I know, then you tailor it even further to the specific job. But I still have a problem with this, you know, overly broad bonus points or points given for stuff that is not relevant to what our needs are and create an unfair advantage to these large national firms. MR. OCHS: Mrs. Chair, may I suggest that we continue to work on this? This is -- these contracts are two-year contracts. We won't -- MS. PRICE: Five-year. MR. OCHS: -- be doing this -- COMMISSIONER HILLER: Five-year contracts. MR. OCHS: Five-year, I'm sorry. So we won't be doing this solicitation for these services again for a while. It gives us some time to continue to work on these criteria with the -- COMMISSIONER HILLER: Well, if you would work -- MR. OCHS: -- professionals in the industry. COMMISSIONER HILLER: Right, work with like the AIA, work with the Engineering Association -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- representatives locally and the local respected professionals and get their input. MR. OCHS: We will. COMMISSIONER HILLER: Because we want to be fair. And, you know, we do want to get the best possible service, and we don't want a result to be skewed by data that is not going to make the Page 84 January 28, 2014 difference to us at the end of the day when the job gets done. MR. OCHS: Understand. And let me say, over 80 percent of the recommended firms I believe are local and we have very good representation. We'll continue to refine that. COMMISSIONER HILLER: Which is fine. If they're the most qualified, that's fantastic. But again, it goes to the issue of the relevance of the criteria and how it could potentially skew a decision. MR. OCHS: I understand. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, let me try to find some common ground here for everybody. I think maybe -- Commissioner Hiller's point is well taken. I think we need to be a little more focused. In the worst case scenario you certainly don't want to have a numeric criteria where you establish something that eliminates as potential vendor. I've actually seen that. Not at this level, not for professional services, but down in operations where you've actually disqualified somebody for something that I really didn't think was that germane to the amount of work that was being requested. So I certainly support a review and I won't say anything else. CHAIRMAN HENNING: Okay. There's a motion to approve by Commissioner Coyle, I believe? COMMISSIONER COYLE: Yeah. CHAIRMAN HENNING: And then second by Commissioner Fiala. No further discussion, all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. Page 85 January 28, 2014 COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. We only have one more item on our regular agenda. COMMISSIONER HILLER: I think we should break for lunch, come back and spend the afternoon talking about it. CHAIRMAN HENNING: I totally agree with you. COMMISSIONER COYLE: Spend an hour. CHAIRMAN HENNING: Is there any objections to that? (No response.) CHAIRMAN HENNING: Okay, we are going to take a lunch break and be back at 1 :00. MR. OCHS: And you'll have Public Comments at 1 :00 and then your Public Hearing. CHAIRMAN HENNING: Yes. (Luncheon recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN HENNING: Welcome back to the Board of commissioners meeting. We have public comments. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Yes, sir. Your next item is public comments on general topics. MR. MILLER: We have two registered speakers for public comments. The first speaker is Garrett Beyrent, and he'll be followed Page 86 January 28, 2014 by Bob Krasowski. MR. BEYRENT: For the record, I'm Garrett Beyrent. I was actually here to speak about agenda Item 16.11, which was the expenditure of tax money, tourist tax money for the repair of the draw bridge at Clam Pass. However, I took the CAT this morning, I try tried to anyway, and after an hour and a half of waiting at the bus stop I called and they told me the bus wasn't coming, it was broken down. So I got here too late for the item. And I'm not going to even talk about it now. I guess I'll have to talk to Leo Ochs and reschedule it for another time, because it's too voluminous to discuss. So I appreciate your time. Thank you. CHAIRMAN HENNING: Thank you. MR. MILLER: Your next speaker is Bob Krasowski. MR. KRASOWSKI: Good afternoon, Commissioners. For the record my name is Bob Krasowski. Commissioners, as a resident of Collier County and a person interested in understanding how my government really works, I attend meetings like this Board of County Commission meeting and some Advisory Committee meetings that relate to specific topics that I have a particular interest in: The Tourist Development Council and Coastal Advisory Commission. Mostly I focus on environmental projects and issues that I see -- environmental projects and issues, because I see a connection between a healthy vibrant environment and a healthy population and economy. But sometimes other issues come up, bringing me to the podium to express my concerns, as is this case now. At your December 10th meeting you voted to expend county taxpayers monies to create some public/private partnerships. And that was on agenda items from 10.A through 10.D, to a total of $350,000, depending on what it is that actually comes about. And 10,000 of that was to bring French companies to compete Page 87 January 28, 2014 with our local state and national firms under the pretext of promoting Economic Development. At that time I registered my objections to funding private or joint public/private organizations that don't require the same requirement to operate in the sunshine that our County Commissioners and their Advisory Committees must adhere to. I have two other objections today. To this effort, number one, the creation of this subterranean business effort is being guided by Commissioner Hiller who is not a native of the United States, being from Canada. And previously -- COMMISSIONER HILLER: I am a legal alien. Legal. MR. KRASOWSKI: Previously -- please don't interrupt my comments. Previously expressed concern -- I have previously expressed concern with -- over her familiarity with the values of our American culture when she kept interfering with the free speech in regards to public comment on -- in the public comment issue number seven that I'm speaking under, and in public comments that followed various issues throughout the agenda. To -- number two is extending an invitation to bring 1,000 French companies to do business here. And even the presentation on December 10th referred to Chinese companies that would take part in some of this, when we ourselves Americans are vulnerable to losing our position in world economy due to a shift in world economics. There are tens of thousands of American veterans with skills gained through their service that can be embellished with training to meet our specific needs. Address -- we should address their integration into our economy first. The current efforts for veterans in Collier County is not enough. Today I'm here to say make a request that -- and I'll finish. Two sentences. Today I'm here to make a request that these agreements be Page 88 January 28, 2014 rescinded until we can reorganize the effort to accommodate our loyal patriots, unemployed veterans and to that degree I emphasize that my measure of concern -- CHAIRMAN HENNING: Your time is up. MR. KRASOWSKI: -- I must insist that all the meetings be listed on future agendas. CHAIRMAN HENNING: Thank you. MR. KRASOWSKI: And I just wanted to say, I want the meetings listed on future agendas so we can all become aware of what's going on behind our backs. Thank you. MR. MILLER: That was your final speaker for public comment. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Thank you so much. Bob, I'm just curious, are you suggesting that immigrants who become U.S. Citizens should not have the right to run for office? MR. KRASOWSKI: My grandparents are immigrants. I'm just saying that some people -- COMMISSIONER HILLER: I'm an immigrant. MR. KRASOWSKI: Yes. COMMISSIONER HILLER: My parents were immigrants. MR. KRASOWSKI: Many, many people -- just about everybody here. I don't see many Native Americans. But to your point, I'm saying that we should take care of the people that are here first that supported and paid for this country and defended it before we start bringing in slews of French people -- COMMISSIONER HILLER: Thank you so much. MR. KRASOWSKI: -- that you seem to love so much because you're French Canadian. CHAIRMAN HENNING: Thank you. COMMISSIONER HILLER: Well, yeah. I'm actually Canadian by birth and I'm Czech and Russian by descent. And I happen to be Page 89 January 28, 2014 bilingual, but I happen to also speak more languages than just two. So in response to your comment, the companies that are coming over are looking to establish themselves here to hire U.S. workers. And in turn what the French Government is doing with us is looking for U.S. companies to go over there and have the opportunity to expand their market by establishing themselves in France and work with the EU. It is a tremendous opportunity. It is something that we are very honored to be a part of. The fact that the French Government selected Naples as -- and Collier County as the gateway to not just this region but to Florida and the Southeastern United States is really an honor. And this will be a tremendous economic development opportunity. And speaking negatively about it will do nothing to stop what will be very positive in terms of hopefully job growth and the development of more businesses here in Collier. One company that most recently -- MR. KRASOWSKI: How about the Chinese companies? COMMISSIONER HILLER: I have nothing to do with the Chinese. Unfortunately that's not one of my languages and I'm not working with the Chinese Government. So as an example and this actually didn't come to Collier County as a consequence of this initiative but is a French company that has decided to establish itself here, is a subsidiary of VilMorin which is the largest seed producer, if I'm not mistaken, in the EU, and they are actually building a very large facility in Commissioner Nance's District, and they will be hiring locals in the Agro Industry, which is something we very desperately need. So it is intended to be a win/win. And $10,000 is a de minimis investment for the very significant return we hope to achieve. Thank you. CHAIRMAN HENNING: Okay, no more public comments? Page 90 January 28, 2014 Next item is -- MR. OCHS: Your Advertised Public Hearings, sir. CHAIRMAN HENNING: Okay. Item #9A ORDINANCE 2014-03: AN ORDINANCE AMENDING ORDINANCE NUMBER 97-70, THE PELICAN LAKE PLANNED UNIT DEVELOPMENT, TO ALLOW ON A RECREATIONAL VEHICLE LOT AN ACCESSORY STRUCTURE WITH UP TO 350 SQUARE FEET OF AREA FOR COOKING, LAUNDRY, STORAGE OR RECREATIONAL ACTIVITIES. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (SR-951) IN SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101 .3+/- ACRES - APPROVING CCPC RECOMMENDATION OPTIONS #3, #4, #5, #6 & #7 — ADOPTED MR. OCHS: Item 9.A. This item requires ex parte disclosure be provided by Commission members. And all participants are required to be sworn in. This is a recommendation to approve an ordinance amending Ordinance No. 97-70, the Pelican Lake Planned Unit Development, to allow on a recreational vehicle lot an accessory structure of up to 350 square feet of area for cooking, laundry, storage or recreational activities. Subject property is located on the east side of Collier Boulevard, Section 15, Township 51 south, Range 26 East, Collier County, Florida. Consisting of 101 .3 plus or minus acres. And Mr. Chairman, it would be appropriate to swear in participants and then provide ex parte disclosure at this time. Page 91 January 28, 2014 CHAIRMAN HENNING: Yes, all persons that signed up to speak on this item is going to be sworn in to give their testimony, just like the petitioner is. And then the Board of Commissioners is going to give their communications on this particular item. So anybody wishing to address the Board on this item that has signed up, please rise and the court reporter will swear you in. (All speakers were duly sworn.) MR. OCHS: Mr. Chairman? CHAIRMAN HENNING: Yes. MR. OCHS: The agenda indicates that this item will be heard at 1 :30 unless otherwise noted. Due to the brevity of the agenda, I don't know, I guess I'll look to the County Attorney to see if there's any problem with moving forward at this time. MR. KLATZKOW: I think if additional people come in and they want to speak, we should take their speaker slips. CHAIRMAN HENNING: Okay, we'll do that. Ex parte communication by Commissioner Nance. COMMISSIONER NANCE: Yes, Mr. Chairman, I've had numerous emails, calls, letters, correspondence and backup materials on this item. COMMISSIONER HILLER: And I received a number of emails and backup material on this item. CHAIRMAN HENNING: I have received the Planning Commissioners' packet. I spoke to staff on this item. I've received a number of emails. One -- well, actually 79 from the petitioner emails of support of this, which leads me to think and dig in to this item more, so I will have more questions than normal. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I spoke to a couple of the Planning Commissioners on this. I spoke to residents. Actually, I had a meeting with some residents, and Page 92 January 28, 2014 they gave me a tour through the place and explained things to me and had things all taped out so I could see the sizes and so forth. I've had many, many, many emails and correspondence and phone calls as well. So I've been working on coming up with a -- what I feel is a very fair compromise for everybody, taking everyone's concerns into consideration. Thank you. COMMISSIONER COYLE: And I have received a large number of emails and correspondence concerning this item. And I've read the staff report. CHAIRMAN HENNING: Okay. Now it's our customary (sic) that the petitioner presents to the Board their wishes requested. MR. THORNTON: Good afternoon, Commissioners. My name is Chris Thornton, and I'm with the Law Firm of Goede, Adamczyk and DeBoest here in Naples at 8955 Fontana Del Sol Way, Suite 100. I'm here today representing the applicant, the Pelican Bay (sic) Property Owners Association, Inc. That's a homeowners -- COMMISSIONER FIALA: Pelican Bay? MR. THORNTON: Pelican Lake Property Owners Association. Sorry. Thank you for -- COMMISSIONER HILLER: Wrong District. MR. THORNTON: It's a community of 289 Motor Coach RV lots down on the left side of 951 as you head South toward Marco Island. And South of 41. And I'm joined today by -- from my Board of Directors, Jerry Brangenberg, the President, Ewing Gourley, the Secretary, Randy Newman, the Vice President, Allen Hale, Director, Rick Medina, the Treasurer. And we actually have a lot of residents here both pro and con who intend to speak. The short version of my presentation is that this PUD which was originally approved in 1992 and last modified in 1997 authorized up to Page 93 January 28, 2014 400 lots for TTRV use and it allowed a 100 square foot accessory structure for storage and utilities and things like that. The actual community that got built out, instead of being 400 TTRV lots was 289 I call them motor coach lots. It's a little different than a TTRV lot. It's not a camp site, it's like a single-family neighborhood except they park their motor coaches there. It's got very nice amenities with a pool and a clubhouse and things like that. The short version is they have gone along with this 100 square foot accessory structure maximum for a period of years, determined as a group that that was not enough size for their intended purposes, and they wanted to ask for more. We have a -- and they applied for 350 square feet. To go from 100 square foot to 350 square foot for their accessory structure. I have a staff recommendation of approval. We had a neighborhood information meeting on August 28th. We had a Planning Commission meeting on December 5th. So I have a staff recommendation of approval and I have a Planning Commission recommendation of approval 6-1, subject to a number of conditions the Planning Commissioners came up with, all of which the petitioner is in agreement with. The main one being reduce the size from 350 square foot to 308. And it also counted in that 308 any covered porch you would have, but it did not count your eaves. So we're generally in agreement with all those, although respectfully I don't want to not get that if I can. The one condition that the residents have some issue with is the one about the placement of the air conditioning units. The Planning Commission felt strongly that because of the way these lots are configured where you park your RV coach on one side and you have your structure on your own lot, that you shouldn't put your air conditioner behind your building so that it bothers your neighbor more than it bothers you. Instead they want it to be on the front facing the Page 94 January 28, 2014 road or the rear facing the lake. And the community, at least the petitioner's position is, is that we would rather have it behind the structure so that it faces the neighbor. Each neighbor, under our documents and the way they're built out, each neighbor has built their own vegetative buffer that is between their motor coach and the subject lots' structure. So it's adequately buffered. And we just basically ask for deletion of that condition. But if it risks us not getting anything, we're willing to live with it. I guess a little longer version is -- that's it. I've got a staff recommendation, I've got a Planning Commission recommendation. There were a lot of-- there were some letters of opposition before the Planning Commission and they were dealt with very, in my opinion, very deeply and in-depth at that meeting. The commissioners conscientiously looked at all of them and addressed all of them by imposing the conditions that they did. The commissioner, like I said has agreed -- the applicant has agreed to all those conditions. One point that I want to make sure I get across before I sit down, and hopefully I'll have some time to rebut, I think we're going to have some opposition today. But one point to keep in mind is that this process, there's 289 lots and this was essentially a homeowners association. They started talking about doing this more than two years ago. And they had multiple meetings, town hall meetings, straw poles, board meetings, and the original straw pole vote that they had was more than 50 percent of the community wanted to go to -- to seek either from 300 to 350. That was the popular size that they wanted. They wanted -- more than half of this community wanted to go from 300 to 500. And so they actually ended up having a formal vote. Under their documents they had to have a formal vote to come do this process that we're in. And that vote resulted in a 77 percent vote in favor of proceeding to seek 350. It's not 77 percent of all residents, because that's not what their Page 95 January 28, 2014 documents require, it's 77 percent of those who showed up that constituted a quorum. So 77 percent vote in an HOA, an HOA in condo law, the practice that I do primarily, and land use, that's a very high vote in any HOA, to get 77 percent of the people at a quorum to vote yes for anything. And in this community 77 percent voted to proceed to seek 350 square feet. So they already compromised to get to 350. A lot of the residents wanted more. They voted no because they wanted more than 350. So they compromised to apply for 350. They further compromised at the Planning Commission down to 308. And basically we feel like 308 is an okay number that we can live with. We're hoping not to get it chopped down any further. There are people there with large lots who could handle a lot more than 350 square feet. The people who -- if this gets approved, the residents don't have to build. If you don't want one, you don't have to have one. Everybody does have a 10-by-10 100 square foot shed. If you want to keep your 10-by-10 100 square foot shed, that's fine, you don't have to build a larger structure. So that's really the presentation. I think there's going to be some -- hopefully a lot of people for it and not as many against it, but they've all turned in theirs slips. And I'd like the opportunity to rebut if that's allowed, Mr. Chairman. CHAIRMAN HENNING: I think it is. I think we've done that in the past. MR. THORNTON: Thank you. Any questions of me, I'm certainly willing to answer them. CHAIRMAN HENNING: Yeah, I will have. Questions by the Board? COMMISSIONER FIALA: Yes, I have something, but I think Commissioner Hiller's button was on first. But if you would like me to, this is my district, I can go first? Page 96 January 28, 2014 Okay, thank you very much. Yes, I've been talking with everybody, I've listened to what everybody's had to say and I've read all of the emails; even the form letters I've read who was sending them. And the thing I've heard very loud and very clear is that first of all they value the beauty of their park. It's so beautiful with all of the landscaping. And they're very concerned with that. And I don't blame them. As I listened further, I heard some other comments. So I came up with this, and you can tell me what you think about it when the time comes. The 308 square feet, I know that there are some that would prefer to have 250 but they could live with 308. Others that would prefer to have 350 to 500 but they could live with 308. And I think that that's a pretty good conclusion that the Planning Commission came up with. So I would say let's go with the 308. The second thing is screened-in porches. Now, I know that hasn't been mentioned but I've heard it mentioned in different letters that I've received. And one kind of concerned me. They wanted to build the same size screened-in porch attached to the 308. I would suggest that we -- if anybody wants a screened-in porch, that's great, but it should be part of the 308, not in addition to the 308. Then the third thing is this structure, and I'm adamant about this, can have no bedrooms and can have no bed. That's to make sure that nobody violates having guests and so forth stay over and they begin to use this as a guesthouse. The fourth thing is it cannot be a place of business. I'd never thought of that. Of course you can use your computers in there and stuff like that. I mean, everybody's going to run their computers. But you can't be manufacturing something in there or having people coming off the street to come in and buy something. You know, you Page 97 January 28, 2014 should not start a little separate business in there. Another thing is about the air conditioners. I understand that there could be a problem with either side, but it sounds like a pretty good compromise to make sure that the neighbors on both sides are being considered as well. Now, here was another thing. And this is the overhangs, or the awnings. And some of them that I looked at, the awnings, once you attach it to a larger size, a 308, now all of a sudden vegetation has to be cut down. Well, that isn't anything anybody wants. They want to keep the vegetation. Because a lot of times the bushes that are supposed to separate the two lots are only about five and a half feet tall. I know they're supposed to be 10 to 12 feet tall but they aren't. And so that vegetation really helps not only beautify the entire community but also gives you other buffers, including buffers from the sun. So I would suggest to you that where you don't need an awning -- say for instance on the side of your coach house you have no windows or anything, well, your trees would buffer that anyway so maybe you don't need an awning there. So I would suggest put the awning where they're needed, as long as it doesn't take the vegetation away. So those are my suggestions for your consideration. And thank you very much. CHAIRMAN HENNING: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Thank you. I had some of the same concerns that you have, Commissioner Fiala. The two important ones -- actually, all three are important, but the two primary ones that I share with you are that this space not be used as a guesthouse or for business, because it would dramatically change the character of the community, and that would be very concerning. Page 98 January 28, 2014 The issue of the AC noise is a big one. For anyone who already lives there, I can't imagine how horrible it would be to suddenly have an AC unit backing up on their property and then not having the quiet enjoyment, that, you know, use that they had anticipated earlier now being taken away from them. And I'll tell you, AC noise is very unpleasant. So doing what's necessary to ensure that any additional AC unit is positioned so that no neighbor is adversely affected by the noise, by the nuisance of the noise, is extremely important. My last question is with respect to that vote where you said you had a 77 percent result, how many people did attend out of the total population that could vote? What were the numbers on that? Rather than the percentage. MR. THORNTON: There's 289 owners. The vote was 169 to 48 to proceed to seek 350 square feet. COMMISSIONER HILLER: To 48. So you had over 200 in attendance at that meeting. MR. THORNTON: 217 votes. COMMISSIONER HILLER: Yeah, absolutely. So that is a very -- that 77 percent is a telling statistic then. Thank you. CHAIRMAN HENNING: Okay, my question, are these all motor coaches within this community? MR. THORNTON: I call them carriage homes or RVs. They're the high-end very large -- they look like a bus. You drive them with a steering wheel. They do not become permanently attached. You drive them down from Michigan and park them here in season. CHAIRMAN HENNING: Just from Michigan everybody's here? (Laughter.) CHAIRMAN HENNING: That's not a bad place to be from but, you know, keep that a secret. Page 99 January 28, 2014 MR. THORNTON: There's some from Canada too. COMMISSIONER HILLER: I think we need to call ICE. CHAIRMAN HENNING: What is the smallest vehicle that you have? UNIDENTIFIED MEMBERS OF THE AUDIENCE: 26. CHAIRMAN HENNING: How many square feet, 26? MR. THORNTON: 26 feet long. How wide are they. UNIDENTIFIED MEMBERS OF THE AUDIENCE: All depends on the amount of-- MR. BRANGENBERG: Standard road width. MR. THORNTON: About eight to nine feet wide. As wide as DOT lets them to be, and about 26 feet long. CHAIRMAN HENNING: What's the average square foot? MR. BRANGENBERG: Forty by -- CHAIRMAN HENNING: If the attorney recognizes you as your MR. THORNTON: Mr. Brangenberg is the President of the Association, he is signed up to speak. And yes -- CHAIRMAN HENNING: He is the petitioner? MR. THORNTON: Yes, he is. Go ahead. CHAIRMAN HENNING: I'm looking for the square foot. MR. BRANGENBERG: Each coach would be different because they have glide-outs and these things. But I would say that the -- the largest coach would be 45 feet. Normal width is -- the largest width is 102 inches -- yeah. So you take that and then you would add -- UNIDENTIFIED MEMBERS OF THE AUDIENCE: Up to 36. MR. BRANGENBERG: You have glide-outs that are 36 feet long by three foot wide, and then on the other side they may be 15 feet, two of them another -- Page 100 January 28, 2014 CHAIRMAN HENNING: Does anybody know the square foot? UNIDENTIFIED MEMBERS OF THE AUDIENCE: About 450. MR. BRANGENBERG: Not to exceed 500 square feet. We're trying to give you the -- CHAIRMAN HENNING: Pardon me? MR. BRANGENBERG: Nothing, sir. I'm listening. CHAIRMAN HENNING: Okay. So the request is an additional -- for each of the users, approximately 80 percent of the average? MR. BRANGENBERG: That sounds fair; 60 to 80 percent, yes, sir. CHAIRMAN HENNING: Do all these have kitchens in them? MR. BRANGENBERG: Do they all have? The -- UNIDENTIFIED MEMBERS OF THE AUDIENCE: Yes. MR. BRANGENBERG: Not all of them -- oh, you mean the coaches themselves? You're talking about the coaches or the accessory building, the hundred square foot? CHAIRMAN HENNING: No, the -- I hope they don't have kitchens in those 10 by 10 sheds. No, I'm talking about motor coaches for motoring vehicle. MR. BRANGENBERG: Yes. That is our home away from home. CHAIRMAN HENNING: What would be the purpose of having a second kitchen in a 400 square foot winter residence? MR. BRANGENBERG: Well, you have to picture yourself, you have a -- you have this motor home that has a very small work space. You have your bedroom. That is your -- that's an efficiency. You have limited cooking space inside. Yes, we're asking to be able in these coach houses, because we'd like to be able to entertain, we'd like to be able to cook outside of our coach house. I mean, you know the mosquitoes we deal with, things like that. Page 101 January 28, 2014 Our motor home is nice for a husband and wife and maybe a visiting grandchild. But when you bring four to six people over, that's not the place to entertain. We need a place that we can get together and enjoy our properties and enjoy the area that we have. CHAIRMAN HENNING: You have a clubhouse on-site. MR. BRANGENBERG: Yes, sir, we do. CHAIRMAN HENNING: How big is that? MR. BRANGENBERG: Oh, gosh, 20,000 square feet? 7,000. But the -- I think we're limited by fire code of roughly 140 people we can have in there for a dinner dance and whatever. We have a gym in there and we have -- we use it for movies and things like that. CHAIRMAN HENNING: Do you have a kitchen in there? MR. BRANGENBERG: Yes, sir, we do. That kitchen is -- again, when we have events, we have dinner dances, we use that kitchen for that. CHAIRMAN HENNING: Those are for the use of the residents only? MR. BRANGENBERG: It's use for anybody: The owners, renters, anybody that's currently residing at Pelican Lake. CHAIRMAN HENNING: Do you have a laundry facility in it? MR. BRANGENBERG: We have some for coin washer and dryers, yes. But our coaches have, some of them have, some of them don't. CHAIRMAN HENNING: And that would be a typical use in as storage shed, wouldn't it? MR. BRANGENBERG: Yes, sir. In our 10-by-10 storage shed, we have installed a stackable washer and dryer. CHAIRMAN HENNING: Okay. I have questions for your attorney. Now, you said -- and I haven't gone through the PUD to find it, you said you were approved for 400 units, 400 and some odd units? Page 102 January 28, 2014 MR. THORNTON: PUD 97-70 allows for a maximum of 400 lots. CHAIRMAN HENNING: Four hundred lots. MR. THORNTON: We're built out at 289. And actually Commissioner Strain figured out that there was 292 actually platted lots, three of them are owned by the association and used for some sort of storage and common use. So there's 289 lots owned by individual lot owners in the community. CHAIRMAN HENNING: And those other lots is for outside storage? MR. THORNTON: I'm not sure what they're using them for. I think it's like boats and -- MR. BRANGENBERG: We created a storage area, and that's strictly used for storage of our people's trailers that they tow behind their motor homes. It's a storage lot. CHAIRMAN HENNING: Storage lot, thank you. MR. BRANGENBERG: Yes, sir. CHAIRMAN HENNING: The -- now, are these -- is it platted for 292 units? MR. THORNTON: Yes. CHAIRMAN HENNING: Is it platted that way? MR. THORNTON: It is planted. There are four separate plats: Pelican Lake unit one, unit two, unit three, unit four, yes. CHAIRMAN HENNING: And you don't want to amend the ordinance to reflect what's on the ground? MR. THORNTON: I don't have any objection to changing the 400 to 290 whatever. If that's -- if that is helpful. CHAIRMAN HENNING: Yeah, it just gives some surety. Anyways, that was the question that I had. I do have some questions for staff dealing with your existing PUD and the language in it. So if there's no other questions for the petitioner? Page 103 January 28, 2014 MR. THORNTON: Do you want me to respond? COMMISSIONER FIALA: A couple from the one you just asked about, about the 400 units versus the 292 or is whatever it is. The 400 units, weren't they originally platted for TTRV's and -- MR. THORNTON: It wasn't platted. That was the zoning. COMMISSIONER FIALA: Oh, I see. MR. THORNTON: So it was zoned for 400 TTRV lots. Actually it's the same exact zoning as Silver Lake, just to our north, which is a TTRV park. And so we were zoned for 400, but when the developer built it he only built 292 platted lots. The rest of it is lake and clubhouse and all that stuff. CHAIRMAN HENNING: Okay. Well, that proposes another question. You have zoning -- you don't have straight zoning, it's a PUD, right? MR. THORNTON: That's right. I'm here today to ask to amend the PUD. CHAIRMAN HENNING: Okay. It's not a TTRV zone -- MR. THORNTON: It is a PUD. CHAIRMAN HENNING: Okay. I'm sorry, Commissioner Nance and then Commissioner Hiller. COMMISSIONER NANCE: Yes, sir, I just -- I just wanted to know a little bit about -- maybe you can't comment, but maybe you can -- development trends on communities of this kind. Are these sort of accommodations found elsewhere in communities of this sort, upscale communities? Is this what's normally done? Or how would you describe it relative to other communities? MR. THORNTON: I'm definitely not the expert on that issue but I'm sure many of your speakers have knowledge and thoughts on that, sir. COMMISSIONER NANCE: Thank you. And what I'll do is I'll yield to the speakers to comment on their knowledge of other upscale Page 104 January 28, 2014 communities or communities that they would consider to be similar in character. Thank you. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: I wanted to address your questions about the use of this accessory structure. I have a friend, a girlfriend who has one of these buses, RV's. CHAIRMAN HENNING: Where at? Is it for rent? Is it down in the Keys? COMMISSIONER HILLER: No, actually at one point it was parked in my driveway, because she couldn't find a nice place to park it. But I now know where to send her. No, she actually drives it -- she has a larger family, they have a place in Wisconsin, and whenever they go back and forth they use it. And I had the pleasure of being in that vehicle with her. And I will tell you, if you are parked in that vehicle for an extended period of time, you definitely don't want to be cooking there, especially for, you know, friends coming over for dinner. So I can very logically see why these people might like to have an accessory structure where they could, you know, store stuff that would, you know, give them a little more breathing space. They are definitely luxury buses, they are very attractive, but they are a very confined space. And if you do have more people getting stuff out of that space and making it more livable does make sense. So if this structure doesn't impose a hardship on the neighbors, then it does make sense to allow it. CHAIRMAN HENNING: I could see a need for a man cave, but my concern is -- (Laughter.) CHAIRMAN HENNING: My concern is -- COMMISSIONER HILLER: Girls, don't worry, we have women caves too. Page 105 January 28, 2014 CHAIRMAN HENNING: The spouse is going to be in the back kitchen, okay, so -- just a joke. COMMISSIONER FIALA: The women are in the kitchen and the man is -- COMMISSIONER HILLER: It's a very bad one. But Commissioner Henning, I do want to personally say that it is a good idea to provide additional space if they are going to stay for a longer period of time. But again, provided it's not a guesthouse and provided that it's not used for business and provided that it's never used in a way that disturbs the neighbors. CHAIRMAN HENNING: Okay. That makes sense to me. MR. THORNTON: Do you want me to respond to Ms. Fiala's questions, or should I wait 'til later? COMMISSIONER FIALA: I don't remember what questions -- CHAIRMAN HENNING: I don't think she had questions. MR. THORNTON: Okay, thank you. CHAIRMAN HENNING: I think that she's going to formulate a motion after the public comments. MR. THORNTON: Okay, thank you. CHAIRMAN HENNING: Okay, we have a staff presentation? MS. GUNDLACH: Good afternoon, Commissioners. For the record, I'm Nancy Gundlach, Principal Planner with the Planning and Zoning Department. And staff is recommending approval of this PUD Amendment as it is consistent with the Land Development Code and the Growth Management Plan. If you have any questions, it would be our pleasure to answer them this afternoon. COMMISSIONER HILLER: You look so happy, I thought you owned one. I forgot that you actually worked for us. CHAIRMAN HENNING: Questions by the Board? I have some Page 106 January 28, 2014 questions, ifs nobody else does. (No response.) CHAIRMAN HENNING: Referring to the ordinance which is being amended, it refers to the Growth Management Plan statement of compliance where it says: Subject property is within the urban residential designation identified in the Future Land Use Map as required in objective -- objection one, policy one and policy three. And of the Future Land Use Map. And looking at this, David, because I know you can answer this because you're the guru, I'm looking at Policy 5.3. Part of it -- I don't know if it's 5.1 or 5.4 -- actually, it's 5.4 and it refers it to in the statement of compliance in paragraph number three, the project development is compatible and complimentary to the existing future land use as required under Policy 5.4 of the Future Land Use Map. And I look at Policy 5.4 and it says: New development shall be compatible and complimentary to the surrounding land use, subject to meeting compatibility criteria of the Land Development Code. And under the staff report I didn't see if this is -- meets our Growth Management Plan. Or did I miss something? MR. WEEKS: First of all, I'm David Weeks of the Comprehensive Planning Staff for the county. And Mr. Chairman, I was a few minutes late, I've not been sworn in. CHAIRMAN HENNING: Oh, would you raise your right hand. (Speaker was duly sworn.) MR. WEEKS: Mr. Chairman, Nancy advises me that it is within the staff report, staffs opinion that the petition is consistent with the Growth Management Plan. CHAIRMAN HENNING: And the provisions within the Land Development Code? MR. WEEKS: Yes, sir. Page 107 January 28, 2014 CHAIRMAN HENNING: Okay. In TTRV zoning, and I know this is a PUD, so it's not -- it doesn't have to comply -- correct me if I'm wrong, doesn't have to comply to the TTRV zoning district; is that a fair statement? MR. WEEKS: That is. I would add that just as you have commercial PUDs, you have residential PUDs, you have industrial PUDs, any given PUD doesn't necessarily conform to all of the provisions of the Land Development Code for the respective zoning district. For example, you might have a PUD approved for C-4 zoning district uses, but it may not be exactly the same as the C-4 zoning district. It may have some additional uses or some uses not listed. It may have development standards that vary. In this particular case, this PUD may not be exactly the same as the TTRVC zoning district, but that would be the starting point when the application is submitted. The staff-- I mean, this goes back historic, but I was here, the staff perspective would be let's start with the TTRVC zoning district and look at this PUD and see how it varies from that zoning district as part of the determination of whether we believe it's an appropriate petition, appropriate request or not. And if they've asked for different development standards or some other changes, different lot sizes, why. Provide some justification, provide some explanation for why it's appropriate not to follow the TTRVC zoning district. And what occurred in the past was ultimately the Board of County Commissioners in the past determined that the PUD as you see it today was consistent with the Growth Management Plan, it was appropriate with the development standards and uses listed therein, and in fact was consistent with the Growth Management Plan, including this Policy 5.4. CHAIRMAN HENNING: Okay. In the past we had PUDs, Page 108 January 28, 2014 either amendments or requests, that wanted to deviate from the Land Development Code. This is not a deviation, because in the TTRV Zoning District it allows for an accessory use not to exceed 60 feet, 60 square feet. MR. WEEKS: Because that's specifically a zoning question, Mr. Chairman, I need to defer to zoning staff. CHAIRMAN HENNING: I do have another question of the Growth Management Plan. MR. WEEKS: Okay. CHAIRMAN HENNING: Do you want to answer this question about the zoning district requiring for not to exceed 60 square foot for an accessory use? MS. GUNDLACH: Commissioner, I have a copy of the Land Development Code here right in front of me. And that 60 square feet is for a storage or utility area. This is a little bit more than that, the proposed structure. Just so that you're aware of that. CHAIRMAN HENNING: Well, what would you consider it then? MS. GUNDLACH: It's just -- I would consider it to be something that is more than a utility or storage area, because we have cooking facilities in it. And the intent is to use it for other uses like entertainment. COMMISSIONER HILLER: Recreation. CHAIRMAN HENNING: In the shed? MS. GUNDLACH: In the accessory use that's proposed today. CHAIRMAN HENNING: Okay. On paragraph five of the PUD it says: The project development will result in efficiency economical extent of community facilities and services required (sic). Under Policy 3.1(H) through (L). Thank you. COMMISSIONER HILLER: Can I see it? CHAIRMAN HENNING: No, I want to see it first. Page 109 January 28, 2014 I'm sorry I didn't have a chance to look that up. Are you familiar with that policy, 3.1? MR. WEEKS: Generally I can tell you, Commissioners, that the policy -- CHAIRMAN HENNING: Maybe the question should be, with this amendment does it affect that? MR. WEEKS: I would say no, sir, it does not. And I would further say just for the record, Commissioner, that that policy that is referenced here does not read the same today as it did at that time. It had more specificity at that time than it does today. CHAIRMAN HENNING: That's why I had to dig out my old Future Land Use Map instead of the existing one. Okay, thank you. Any questions from staff? (No response.) CHAIRMAN HENNING: If not -- COMMISSIONER HILLER: I want to look at this before I -- to make sure there's no questions. CHAIRMAN HENNING: Okay. I would imagine this would have to be conforming to our FEMA code. Wouldn't that be a correct statement, Leo? MR. OCHS: I'll have to ask staff, sir. COMMISSIONER COYLE: If it has toilet facilities in it, it does. CHAIRMAN HENNING: Well, it has a kitchen facility in it. MS. GUNDLACH: I was told to just say yes. CHAIRMAN HENNING: Corning from a male, too. COMMISSIONER FIALA: You're in rare form today. COMMISSIONER HILLER: I'd like to suggest that we introduce this on the record. COMMISSIONER FIALA: It's already -- COMMISSIONER COYLE: It's in your backup. Page 110 January 28, 2014 COMMISSIONER HILLER: Oh, is it? I didn't see it. But maybe you want to put it on the overhead so everyone else can see it. COMMISSIONER COYLE: That's just an example. COMMISSIONER HILLER: Yeah, I know. CHAIRMAN HENNING: You know, the disappointing part, Chris, is your client decided to on behalf of certain residents make a statement, the same statement. The problem is I could not communicate with the person (sic) allegedly made that statement. Came from one staff member from the association. And I'm very disappointed in that. You know, we encourage -- we encourage communication under the process of PUDs and PUD amendments. It's not a campaign. Okay? COMMISSIONER FIALA: Campaign to make them larger, you mean, or something? CHAIRMAN HENNING: Yeah, the -- we all received these. And it was from Pelican Landings -- no, Pelican Lakes. It actually was from Hope somebody. COMMISSIONER FIALA: Oh, yes. CHAIRMAN HENNING: That to me, I'd rather have somebody hand me a petition these are all the people in favor of it. But when they send me a correspondence representing a person, I can't question that person. That's all. Besides it fills up my air box and I can't take care of other things that comes in. That's my editorial. We have how many speakers? MR. MILLER: We have 31 registered public speakers for this item. I'm going to ask that the speakers use both podiums. I'll call two names at once, the first speaker and the speaker that will follow him, him or her. If the following speaker will go to the other podium we Page 111 January 28, 2014 can keep this moving. Your first speaker is Ronald Newhouse. He'll be followed by Paula Turner. If Ms. Turner could wait at this podium. CHAIRMAN HENNING: Hang on just a minute, please. COMMISSIONER HILLER: Under consideration to Commissioner Fiala's end, you know, about this being used as a guest house or a business, as I'm looking at this layout is maybe a stipulation that it can't be occupied unless the coach is there. Because, you know, the worst would be, for example, the coach leaves, people go up, they've got this house and suddenly you see a car parked there and someone using this, you know, as a guesthouse. COMMISSIONER FIALA: Yes, I think that that's fair to put in there. I think that that should be included. Yes, I know it's a gated community, but still it's a good idea to have it there. CHAIRMAN HENNING: Okay. MR. MILLER: Mr. Newhouse? COMMISSIONER HILLER: Just so the community doesn't become transient. CHAIRMAN HENNING: At the end when I close the public hearing, we're going to formulate a motion and Chris reflected on Commissioner Fiala's comments, I'm sure staff and you can assist, make sure that this document reflects -- this amendment reflects the Board's wishes. Go ahead, sir. MR. NEWHOUSE: Yeah, Ronald Newhouse, 4432 Southern Breeze Drive, Pelican Lakes. COMMISSIONER HILLER: Are you Canadian? MR. NEWHOUSE: Pardon? COMMISSIONER HILLER: Are you Canadian? Page 112 January 28, 2014 MR. NEWHOUSE: No, I'm not. I'm a Hoosier. If that helps you any. COMMISSIONER NANCE: That's almost Canadian. MR. NEWHOUSE: We're up there a little ways. COMMISSIONER HILLER: Not quite. MR. NEWHOUSE: We tend to feed the country is what we -- we raise a lot of corn and beans. Yeah, I'm one of the directors on the board. Had the opportunity to serve the people. And so due to the majority that I have talked to are in favor of the motion, and -- to going on with it. And I believe we also have a provision that no, if your bus isn't there, you're not allowed to stay in that. That's a no-no. COMMISSIONER HILLER: That's great. MR. NEWHOUSE: We don't allow that. And so -- MR. MILLER: Your next speaker is Paula Turner. MS. TURNER: I'm not sworn in, I'm just here to represent being in favor of the 308. MR. MILLER: Your next speaker is Linda Hale. She'll be followed by Ruthie Shekell. MS. HALE: Yes, my name is Linda Hale. I am the owner of lot 4488 and I am in favor of the 308 that has been submitted to you for approval. Also would like to add, as a woman -- especially to the Chairman -- the washer and dryers in our coaches have space for -- mine does, for about two items. And if we used our washer and dryer in our coach every day we would be washing from morning to night. So that's the reason why we were asking for laundry privileges and cooking privileges in the coach house. Thank you. MR. MILLER: Your next speaker is Ruthie Shekell. She'll be followed by Ewing Gourley. MS. SHEKELL: I'm Ruthie Shekell, 4987 Coach Lane and I am Page 113 January 28, 2014 in favor of the coach house. MR. MILLER: Your next speaker is Ewing Gourley. He'll be followed by Bob Hale. MR. GOURLEY: Good afternoon, Commissioners. My name is Ewing Gourley. I am an owner of two parcels at Pelican Lake. I'm on the Board of Directors, and the secretary of the corporation. We have worked long and hard in trying to come up with this type of amendment to our PUD. And Commissioner Nance, you asked about whether or not this is a trend across the country. And it appears that it is in new developments. We have up by -- in Hendry County we have a new development going on up there called River's End. And they have -- I mean, they bulked out accessory structures. They have a 578 square foot house, a garage attached to that and then a big screen porch. And I think it all adds up to about 1,580 square foot of structures on lots that are smaller than ours. COMMISSIONER HILLER: Wow. COMMISSIONER NANCE: And how large are your typical lots? MR. GOURLEY: Our typical lots average 5,400 square feet. If you went to do a medium size, they're 5,400 square feet. The smallest lot is 3,850 square feet; there are 44 of those. Then it jumps to 4,400 square feet. We have one lot that's 15,000 square feet. We have a lot of lots that are between 5,300, and half the lots are above 4,500 on up. Half the lots are 3,850 and 4,400. And so we -- when we were before the commission, the Planning Commission, Commissioner Ebert remarked that, you know, it looks like your lots are like residential size. And they are. If you look at Land Development Code for cluster residential, you'll find that our lots are bigger than theirs. They start at 3,000, and so we start at Page 114 January 28, 2014 3,800. But it's definitely a trend to try to get better outside use from (sic) your RV, especially when you're on a big lot. And we need to escape from the mosquitoes and no-see-urns, if we can. And hope that you will approve our amendment. Thank you. MR. MILLER: Your next speaker is Bob Halle. He'll be followed by John Shekell. MR. HALLE: It's Bob Halle. MR. MILLER: I'm sorry. MR. HALLE: That's okay. 5004 Coach Lane. I'm very much for the approval of the amendment to our PUD. I have a daughter who's Canadian. COMMISSIONER HILLER: Yes. MR. HALLE: And my wife -- COMMISSIONER HILLER: I hope she considers running for office some day. MR. HALLE: My wife would really like me to have that man cave so I get my phone calls and computer out of the coach. MR. MILLER: Your next speaker is John Shekell. He'll be followed by Randy Newman. MR. SHEKELL: Good afternoon, Commissioners. I'm a Heating and Air Condition Mechanical Contractor from Southern Indiana, just a little lower than Michigan. But I wanted to speak to the noise pollution with the new technology that we have available today in the heating and air conditioning market. Mitsubishi, I think everybody's heard of Mitsubishi Manufacturing Company, they're -- COMMISSIONER HILLER: Can you speak in the mic, please. MR. SHEKELL: They're absolute geniuses. And they have developed a product called a ductless split, which is a heat pump and air conditioning system. And they're just fantastically quiet. My Page 115 January 28, 2014 company has installed hundreds of them. COMMISSIONER HILLER: And you're going to donate them to everyone who's -- (Laughter.) MR. SHEKELL: Well, you know. (Applause.) COMMISSIONER HILLER: Hey, I'm just pumping up business for you. Think of the tax writeoff. MR. SHEKELL: I love your attitude, but could we leave the donate part? No, actually, I'm going to stay out of that. I'm going to let these guys buy their own and buy the one they want. But what I wanted to speak to is the DB rating, decibels. And I've got a little handout, if I could approach when I'm finished with my spiel here, if that's all right. I'm going to give everybody one of these that shows the common decibel rating and then it gives you the information on the unit I'm speaking about. They use a new inverter technology. It's called soft-start technology. You don't hear this compressor start. I mean, these things are just absolutely amazing. And also I wanted to say that even the people who aren't going to do the new accessory building would be interested in these, because they will mount in the utility space behind the building and they will not offend the neighbor. I can guarantee you. When you read the DB ratings, it's at a normal voice conversation on the high end of the heat pump scale. That's just running. COMMISSIONER HILLER: I want that information for my bedroom. MR. SHEKELL: I'm going to bring it up. Well, we'll do that. You know, you don't want me coming from Evansville, but -- COMMISSIONER HILLER: No. Page 116 January 28, 2014 CHAIRMAN HENNING: Sir, you could just give that to Tim, and he'll give it out. MR. MILLER: Your next speaker is Randy Newman. He'll be followed by Rick Medina. CHAIRMAN HENNING: Is the gentleman all done? MR. SHEKELL: Well, I did have one other comment, if I could. What my point is, we want these behind the building in the actual space where the window unit which -- does anybody have a noisy window unit in here? Do you hear your neighbor's window unit? UNIDENTIFIED MEMBERS OF THE AUDIENCE: No. MR. SHEKELL: This is much quieter than the existing window unit, believe me. Thank you so much. MR. MILLER: Your next speaker is Randy Newman. He'll be followed by Rick Medina. MR. NEWMAN: Randy Newman, 4800 Corian Court. I'm the Vice President of the Association. I'd like to make two points. The first point I'd like to make would be to reiterate what Chris told you in his opening statement as to the extent. Over the last two years we have tried to involve our members. Multiple surveys, multiple meetings, time and time again, and we think that we all compromised in a very good way in this thing to end up at the 350. Planning and zoning has put us at the 308. At our last Board meeting we took a hand vote as to how everybody felt about the 308. There were 80 or 90 people there. All the people raised their hands. I mean, nobody raised their hand in objection to it except for one person. So everything was unanimous again. The other point I would like to make is to address Mr. Nance's question about is this happening all over the country. When we ran for the Board, the questions that were asked me were, well, what are you going to do to improve our property values? Well, this was sort Page 117 January 28, 2014 of the birth of the idea of the new coach houses. Over the period of time we've come to learn that all over the country, from here to Michigan to California and all points in between you're getting real high-end Class A coach resorts. Pelican Lake in the past was known all over the country as the nicest one in the country. But without the amenities, without keeping up with the amenities of these other resorts, we have lost that connotation throughout the country. I own two lots at Pelican Lake. One's for sale, and the person that's willing to buy it is waiting on your decision on these coach houses. And if we don't get them, he's going elsewhere. So come on. (Applause.) MR. MILLER: Your next speaker is -- COMMISSIONER HILLER: Oh, great, my girlfriend will come and buy it. Mr. Nance just pointed that out. MR. MILLER: Your next speaker is Rick Medina. He'll be followed by Jack Billings. MR. MEDINA: Good afternoon. My name is Rick Medina. My wife and I own a lot in Pelican Lake, 4722. We appreciate the opportunity to speak to you. We certainly do beseech you to grant us this 308 today. It is going to better our lifestyle here, there's no question about that. In speaking with our realtor, there's no question that it's going to increase. And probably the best shot we have of increasing our property values. Thank you so much for your time and please stay with us. MR. MILLER: Your next speaker is Jack Billings. He'll be followed by Linda Halle. MR. BILLINGS: Good afternoon. My name is Jack Billings, at 4999 Coach Lane. I just want to go on record as saying I absolutely love Pelican Page 118 January 28, 2014 Lake. We discovered this five years ago, were renters for a couple of years, and the last three years we have bought two lots and are very proud of them. My coach house is 10 by 10, like everybody's. It was built in the late Nineties. It has a stack washer and dryer, has a toilet, has a full vanity with sink and has a shower. And we love our coach house as well. But it's tired. So I cannot ask stronger of you people to please accept the petition, the -- CHAIRMAN HENNING: Request. MR. BILLINGS: Request, whatever. It is -- as you know, this process has taken a long, long time and I am begging you to approve it. There's a small portion -- COMMISSIONER HILLER: So you don't have to come back. MR. BILLINGS: I'm sorry? COMMISSIONER HILLER: So you don't have to come back. MR. BILLINGS: Well, as you know, it has taken a long time. Almost as long as I've owned lots here. And there's a little bit of dissention in the community, and I feel like it's fracturing it, and I beg you to put this issue to bed and vote favorably. Thank you. MR. MILLER: Your next speaker is Linda Halle. She'll be followed by Jamie Butt. MS. HALLE: Hi. I'm Linda Halle, 5004 Coach Lane. And I stand by the amendment to the PUD. And we need the increased size. I really want to get my husband out of the coach so he can speak to our Canadian daughter from the coach house. I want -- I think this is only going to increase the value of our area and we need to stay current. We have to do that. And I think that it's going to really behoove us to go along with the trends today. And I want everyone to be happy again and hope that all of this is settled. Thank you. (Applause.) Page 119 January 28, 2014 MR. MILLER: Your next speaker is Jamie Butt. She'll be followed by Jim from 4874 South Breeze Drive. All I have is Jim. MS. BUTT: Well, it's Jim Butt. He belongs to me. I'm Jamie Butt at 4874 Southern Breeze Drive. And you can tell I'm from the south and I really need a Paula Dean kitchen. And so I'm asking you to please vote in favor of the enlarged coach houses. Thank you. MR. MILLER: Your next speaker is Jim Butt, and he'll be followed by Craig Jersen (sic). MR. BUTT: Jim Butt, 4874 Southern Breeze. I belong to her. Also, I can help you out here. I'm part Indian, so maybe I can represent one of the tribes around here. COMMISSIONER FIALA: I like it. MR. BUTT: So anyway, I am heavily in favor of the proposed amendment. Jamie and I have been owners for five -- well, three years we've owned in Pelican Lake, two years we were renters. We've had an opportunity to be blessed. We've traveled around the country. I retired a couple of years ago. And it is a fact that the new developments are including these structures. Basically twice as big as what we're requesting of your approval today. So I hope and encourage you that you give us the authorization for the 308, as most of the people, 78 percent in the park, have voted in favor of Thank you. MR. MILLER: Your next speaker is Greg Jerser. I hope I'm saying that right. MR. JENSEN: Greg Jensen. MR. MILLER: Greg Jensen. MR. JENSEN: I have really bad penmanship. MR. MILLER: He'll be followed by Hope Medina. MR. JENSEN: We're new to the Pelican Lake situation. We have two lots there. Page 120 January 28, 2014 And first of all, for people I haven't met yet, I think this is the greatest, most unique friendliest neighborhood that still exists in the country you can find today. So thank all of you for your hospitality. It's an amazing group of people. (Applause.) MR. JENSEN: I mean, it's just good morning, how is everything going. And then why I really think it should be approved is the people of course are in favor, but nobody has to do this if they don't want to. They can stay exactly the same. But I think what's so unique about each one's lot, it reflects their own unique personality. Design it the way they want; all the buses aren't the same size, the furniture is all different. And just allow this incredible group of people to improve their lot that they own, that's deeded that they paid for and pay taxes on any way they want to be. After all, that's why we live in the great State of Florida and the great country we live in. So please vote yes. (Applause.) MR. MILLER: Your next speaker is Hope Medina. MS. MEDINA: Hi. I'm Hope Medina. I reside at -- MR. MILLER: She'll be followed by Elizabeth Newman. CHAIRMAN HENNING: Is this the Hope that sent me all those emails? MS. MEDINA: No, absolutely not. Sorry about that. Hope Medina, 4722 Southern Breeze Drive. I feel very privileged to own a lot at Pelican Lake, and I strongly am in favor of the amendment put before you. And I really, really would love a slightly larger coach house. 308 would be wonderful. Thank you so much. MR. MILLER: Your next speaker is Elizabeth Newman. She'll be followed by Wilber Persel. I'm sorry. 4751 Southern Breeze. I'm having a hard time reading this. Page 121 January 28, 2014 MS. NEWMAN: I'm Elizabeth Newman, 4800 Corian Court. And I very much am in favor of the larger coach houses. And my only disappointment is that there won't be a bed allowed in there because on nights when my husband snores it would be great to be able to either send him out there or I go out there. But I'm fine with it. And I just hope that you will approve our larger coach houses. Thank you. CHAIRMAN HENNING: Send him to your neighbor's house. MR. MILLER: I'm not even going to try to pronounce this again. But you'll followed by. Robert Amory. MS. PERSCH: And this is Rita Persch, not Wilbur Persch. And we have been owners for 10 years, and we definitely need the improvements. If you take three couples and bring them in your coach and it's a cold wet night and you take three big boys, there's no room. So we need to get them outside and enjoying the elements. Thank you. MR. MILLER: Your next speaker is Robert Amory. He'll be followed by James Robellard. MR. AMORY: For the record I'm Robert Amory. I'm a long-term owner at Pelican Lake. Previously served on the board of directors. I'm one of the few that have asked a lot of questions about this proposal. Probably some have characterized me as being against it. I'm not really against larger coach houses. I think we do need larger coach houses. We have lots of toys, we have lots of equipment. There's limited space to store that in the motor home. And a larger coach house would be very efficient. And I think I agree with the others here who say that that is a fairly current trend in the industry and would improve our property values. My concerns have run to two things: One, overcrowding on the lots. Clearly 308 is -- will be adequate and it can be accommodated Page 122 January 28, 2014 by a number of the lots. However, there are many of the lots, as we heard earlier, that are under 4,000 square feet. When we put a larger coach house on, 400, 500 square foot for a motor home, picnic tables, outdoor kitchens, motorcycles, cars, the lots become over crowded. My concern also runs to the fact that considerable vegetation may have to be removed, and it is one -- in my estimation is one of the key attributes of Pelican Lake. And that's one of the things I have tried to -- would like to see preserved in the final decision that is made here. So those are my comments, and I respectfully request that the Commission undertake to approve an amendment increasing the size of the coach houses but with appropriate conditions. Thank you. MR. MILLER: Your next speaker is James Robellard. He'll be followed by Howard Potter. MR. ROBELLARD: James Robellard, 4881 Southern Breeze Drive. And I am also a former board member and former president of the association. And I have been characterized in the many emails that you got as one of the opposition. My concerns have never been in opposition to enlarging it. I think we need it. There's no opposition to that. The issue is how you implement it. And is 308 or 350 the appropriate size? I think that Chairman Strain came up with a good resolution at 308 with those six stipulations. But in every board presentation to owners, all we've seen is these types of drawings, which leads you to looking at it as a guesthouse. And, you know, that falls under your LDC 505.03.03. That's really what they're asking for. And so anything we do here needs to have some very strict guidelines and implementations. And I would urge you to make those strict so that we don't have to be the judge. While we have an Page 123 January 28, 2014 architectural set of guidelines and we have an architectural review committee, it's very difficult for them to enforce those. We don't have those kind of provisions under 720 in the Florida Statutes to enforce those. And so anything that you can do to make this, you know, as clear as possible and leave for less wiggle room, if you will, that would be helpful. I agree with Bob, what he said. You know, my issue has been there are lots that could certainly have a 350 square foot. And I've been a proponent of trying to do it on a percentage basis. But I don't think you can do it on -- the people have resisted the percentage thing. Which kind of leaves you to -- when you have a smaller lot, and I happen to be one that has a smaller lot at about 4,400 square feet. 350 or 308 becomes rather large. And so that's where I get down to shouldn't it be perhaps a range of 200, 250, 300, depending on the size of the lot, but don't leave that the up to the discretion of an architectural review committee, make that a mandated thing. And then the final thing is of course the impact of traffic. When you have a lot of guests you have a lot of entertainment. Our driveways are rather small, you know, so that you would need at some point to consider traffic. And I don't think staff really considered, you know, what are you going to do with all the parked cars. When we looked at expanding our clubhouse from the 7,000 square feet, the county asked us to add 23 parking spots. In this sort of situation we would then, you know, maybe for every four new coach houses, you add one parking spot so that offsite parking can be accommodated. So thank you for allowing me to comment. MR. MILLER: Your next speaker is Howard Potter. He'll be followed by Doug Williford. MR. POTTER: Good afternoon. My name is Howard Potter, and I am one of those people who objected. But I want to make Page 124 January 28, 2014 something extraordinary (sic) clear. We were never in opposition of larger coach houses. Never. We were always in opposition to the size. And the size was the only thing that we were objecting to. I want to bring to your attention that we sent many letters, we had numbers of discussions with staff because what we voted on back when we approved 350 square feet, unbeknownst to probably everybody in the park, we voted on 450 square feet of accessory structure because it left the current 100 square foot structure on the property. And that was a huge objection on our part. Because the property would never accept 450 square feet. Now the board did come back and say whoops, gee, we made a mistake, I guess. And that was taken down to the 350 which we felt was too large for the majority of lots. Again, we felt very strongly that a percentage, let's say five percent of a lot not to exceed 350 square feet up to 350 -- not to exceed 250 up to 350 would have satisfied most people. However, the Planning Commission said 308. Frankly we can accept that. We would very much want to see you commissioners go ahead, go forward with this and approve the amendment. Thank you so much for your time. MR. MILLER: Your next speaker is Doug Williford. He'll be followed by J.W. Schwarszchild. MR. WILLIFORD: Commissioners, I'm Doug Williford. I have a lot -- my wife and I have a lot on 4797 Southern Breeze. I'm also a resident of Collier County and Marco Island. We've owned a lot in Pelican Lake for seven years. We've actually owned two different lots there. I'm also part of what they call the opposition or dissenters, even though I was not a dissenter to larger coach houses. I was also on the board. And what's happened is, is that when you're talking about RV spots, you're talking about a lifestyle, and you're talking about people Page 125 January 28, 2014 who are traveling to one place and go to a place and most of their living is done outside. And unlike hotels or condos, you really never get to meet your neighbors and friends. And that's what's so great about RV'ing is that when you're outside it means you welcome guests and visitors to come by. And you see that an awful lot. So I'm for that. And because of that at the park -- and Donna, thank you so much for coming and seeing what a lot of people have done to make it beautiful is that people come by, and they're very friendly. You know, I kind of took offense the fact that I was considered opposition, because I really wasn't. We actually looked at it when I was on the board to increase the size. The thing I would say is we don't want to fill our lives up for people who are living inside either in the coach or their coach house and, you know, they need to have a place to store stuff when they're not there. This cannot be living quarters. You know, I can tell you personally because I have a lot of people in my life, when we're out there most people grill out. When the you're there, it's good to have a bathroom other than your coach where people run in and out of when you're grilling stuff. So, you know, I'm for that. And I'm not really for the 308 but I'll compromise to the 308. And I probably won't even change mine, to be honest with you. But, you know, please approve the 308 and -- but make, as Jim Robellard said, please make the regulations very specific. If not, what happens is it creates conflict within the park. And I'm just telling you, as being a person on the board, and I feel very sorry for anybody on the board, it's tough to enforce those issues. Thank you for your time. MR. MILLER: Your next speaker is J.W. Schwarzschild. And he'll be followed by Charlotte Gibson. MR. SCHWARZSCHILD: Good afternoon. My name is J.W. Schwarzschild. I live at 4834 Southern Breeze. Page 126 January 28, 2014 I think I'm part of the opposition. And the reason for that is I think what got away from us, the reason for these -- I don't know what they're calling them this week, the reason for the carriage houses, is what we refer to them at Pelican Lake, were twofold. They're very much like at toolshed that's a place to store your furniture when you leave the park for the season so that it's not sitting out. We have been known to have some hurricanes down here. And the point is to protect your property as well as the others by storing furniture. Your lot is supposed to be empty. This is set up in our -- some of our laws that we have. The other thing I say, I'm not against the 308 as long as it's inclusive. In other words, if you want to put a screened room, that's part of your 308. If you want to put a porch, that's part of your 308. If you just want to put a building that's 308 square foot, so be it. But I agree with what Jim said, you've got to be -- you've got to have the rules and regulations in place where it cannot be misused. This is all important. And I want to thank you for your time and thank you for letting me speak. MR. MILLER: Your next speaker is Charlotte Gibson. She'll be followed by Ruby Schwarzschild. MS. GIBSON: Thank you. My name is Charlotte Gibson and I am a Canadian. COMMISSIONER HILLER: Yes. MS. GIBSON: I have been very involved in this project. This project came to the forefront at Pelican Lake when I was president of the association. And it's very encouraging to hear how both sides have really come to a compromise. I'm very much in favor of what's been proposed. And I don't feel that the commissioners should be concerned about a lot of people -- a lot of additional people coming and sleeping. Page 127 January 28, 2014 I mean, look at the sea of kind of white hair up here. We all hope that our children and grandchildren will come down and spend time with us, but in actual fact, they go to school, they -- our children work. They have spring break. There's a limited amount of time. And they come down now, yes. The enlarged accessory structures will allow for a more convenient visit when they do come down, but they're not going to come any more because we have a larger facility. So very much in favor, thank you very much. COMMISSIONER HILLER: Where in Canada are you from? MS. GIBSON: Waterloo, Ontario. COMMISSIONER HILLER: I know it well. MR. MILLER: Your next public speaker is Ruby Schwarzschild. She'll be followed by Gil Grubbs. MS. SCHWARZSCHILD: I'm Ruby Schwarzschild, 4834. And also I'm part of the opposition, or what they say. I have never been against not having enlarged coach houses. I've been very active in this community. I've run the kitchen for 'em, I've done parties for 'em. I know how to cook on the outside. Not needing a kitchen out there. Most of us have grilles and outdoor kitchens with our grilles. So I don't know why they need that in their coach house. But like I said, I'm not against that, the size 308. What I am against is how much foliage and trees a lot of these people will be cutting down. When they put that awning up, which you suggested, it still will have to cut down some trees and foliage. They're not -- most of the average awnings there are from three to four feet wide. And they go around three-quarters of the coach houses. That's what I object to. There needs to be a set rule on that. And what foliage they can take down. If they take it down, they need to replace with another Florida friendly foliage or planting. Thank you. MR. MILLER: Your next speaker is Gil Grubbs. He'll be Page 128 January 28, 2014 followed by Mary Juanita Grubbs. MR. GRUBBS: I'm Gil Grubbs, 4813 Southern Breeze Drive. I've lived in the park for -- owned the lot there for seven years, been visiting there about nine years. And I'm very much in favor of the larger coach houses. Commissioner Nance, you were asking about other parks around the country, and I can tell you, as many others have said, that is a trend that's coming. People -- I have the largest coach you can buy. And as someone said, it's about 450 square feet. I have a little metal building that's 10-by-10 shed. It's been there 20 years. I can smell the rot and the moisture coming through the floor of my building every time I leave. It would be nice to have a bigger and nicer building -- COMMISSIONER NANCE: Your wife's not sending you out there, sir, is she? MR. GRUBBS: Pardon? COMMISSIONER NANCE: If your wife still sending you out there? MR. GRUBBS: She sends me out there all the time. But seriously, the buildings are -- they need to be replaced. And as far as air conditioning and noise goes, my coach has four AC's on the roof. And I can tell you, those air conditioners are much, much noisier than any of the new central systems that one of the other gentlemen talked about today. And also, in terms of foliage, as Ruby mentioned a minute ago, yes, I have a little island in front of me 10-by-10 shed and I'm going to have to remove one palm tree that I planted. But I've already got Mr. Newman to agree to take it and put it on his lot, so we're not losing any foliage. And my new building would sit right exactly at the same footprint where I am now. And I do have an awning around my entire building. It's five feet. You take the footage of that awning and that Page 129 January 28, 2014 10-by-10 building and you fly over from up above in a helicopter and look down, I currently have a footprint of 385 square feet on the ground. My new building will have a footprint of 308. So I don't think I'm overcrowding my lot. I don't think I'm going to do away with any foliage. I'm going have a quiet air conditioned system, and it's going to be a great place for me to have an office and a place to work when I'm here. Thank you. (Applause.) MR. MILLER: Your next speaker is Mary Juanita Grubbs. She'll be followed by Charles Piscatelle. MS. GRUBBS: Everything has already been said that I wanted to say. But I'm for it. Thank you. MR. MILLER: Charles Piscatelle will be followed by Guy Bouchard. MR. PISCATELLE: Better known as Charlie P. to everybody, because nobody can pronounce Piscatelle. We're at 4886 Southern Breeze Drive and we are from the Pittsburgh, Pennsylvania area which right now is 0 degrees, so we do enjoy the time while we're here. And I appreciate the Commission coming out and seeing the beauty of our park. And the people that are there want to maintain it. And it's amazing how we can look at everybody across the street or in another part of the country and think we want what they're building. But in reality, we just need to increase a little bit the size of our coach houses but maintain the beauty that we have and the friendships that we've developed. Thank you. We're in favor of your vote for a positive answer. (Applause.) MR. MILLER: Your next speaker is Guy Bouchard. He'll be followed by Alan Hale. MR. BOUCHARD: Good afternoon, everyone. My name is Guy Page 130 January 28, 2014 Bouchard. I reside at 4441 Southern Breeze. I'm also one of the director on the board. I'm also the one that's responsible for these plans. And I have a couple additional lots. I own three in Pelican Lake. I am a Canadian, I do speak French. COMMISSIONER HILLER: Bonjour. MR. BOUCHARD: Bonjour. COMMISSIONER HILLER: (Speaking French.) MR. BOUCHARD: Oui. Tres bien. I come from New Brunswick in the Atlantic Province, so I travel with my coach, approximately 2,300 miles a year to get here to this beautiful weather. Unfortunately my wife is home because we're expecting to be grandparents today. And one of the main reason why I went around and designed these coach house and I presented to most of the people and the people elected me to go on the board. I made the presentation, I've laid it all out, and I came out with 305 square feet, which was the original building at design. That was what I've designed, that's exactly that building that is there with different roof lines. So one of the main reasons for me, my wife, I could show you pictures, she has no-see-um that bites her and she cannot be outside. In fact, she gets infected. And we want to put storage. We come here because we love the outdoor living. Don't get me wrong, I do not want to go inside this building any more than I have to. But for a couple hours in the evenings when the dusk comes down and these no-see-ems and the mosquito comes in, it's hell. I mean, we were out last night to have supper again and we have to rush inside because we're trying to get these -- mosquitos are biting. And also when we go away, we want our belongings that we have out there -- you've been on my lot, we have beautiful furniture out there. We live outdoor. I mean, I have TV's outdoor and stuff like Page 131 January 28, 2014 that. And I'm an outdoor person. That's the reason why I bought into Pelican Lake. Yes, our coaches are minus approximately about 440 square feet. It is one of the biggest one with slides and everything. It sleeps six, it eats two. You can eat two in there. So we do need to have a place out there where we can entertain our friends and then we can -- I'm French, I love to cook. So we cook and entertain a lot. So I mean, we're all here for the same things. I mean, we want our real estate to keep on growing in here. That's the reason why I bought. And, I mean, one of our former president here was speaking here today was against it, he's no longer living within our community and also has a property for sale. So I kind of disregard the comment that's putting. But we're there to stay there. And we are there to live there. So thank you. (Applause.) MR. MILLER: Your next public speaker is Alan Hale. He'll be followed by Jean Jacques. MR. HALE: Hello. My name's Alan Hale, 4488 Southern Breeze Drive. I've been on this project for two years. I was the -- or still am I guess the chairman of it. And it's been an lot of ups and downs. Today, gosh, it sounds great because I'm hearing everybody kind of come together. We do have an architectural advisory committee. They are pretty strenuous on their recommendations and their enforcements. Sometimes you don't want to walk down the street because you're not sure what's going to hit you because you've made somebody angry over the ruling you've made. But I'd like to point out a couple things. One is we covered the mini split and I think that's a good solution there to our noise. Most of these sheds now have air conditioners that are noisier than the mini split. Page 132 January 28, 2014 It was also pointed out that we have 100 square foot sheds with 60-inch awnings around it. So that's actually roughly a 400 square foot footprint. I do need to point out, even if someone doesn't build a new coach house and they have a tree on their lot and they want to remove it, really, it's their lot. I can't stop them. We can recommend that they -- the owner recommend that they move it. We do not see a lot of people trying to cut trees down and not replace them. They're very proud of the vegetation we have. We want to keep that vegetation. The other is, you know, we actually compromised on the 350. Now the planning told us that the 308 was acceptable. We've actually come together on that. We feel like that's a good number. But I do want to point out several things. You do not have to build one or replace it. And if you do replace it, you do not have to replace it with the 308. You can pick the variations of sizes. And the architectural advisory committee had a 12-by-16, a 14-by-20, a 14-by-22, and at one time we had a 16-by-20, which got us up into the 320. A lot of them are talking about cutting the corner, which made the door face closer to the coach house, which cut off about 30 square feet. So if you add the little porch out then you're back up to roughly 305 square foot. The main reason we started this project was for the property values. And I think this will increase the property values, and I support it and I appreciate your support on it. (Applause.) MR. MILLER: Your next speaker is Jean Jacques. He'll be followed by Gerard Brangenberg. MR. JACQUES: My name is Rejean Jacques. I'm the owner of lot 4918 Coach Lane. With everything that's been said so far from people in favor, I Page 133 January 28, 2014 don't have much to add. I'll be very brief. I just want to say I'm in favor and I just hope you're going to approve it. Thank you. (Applause.) CHAIRMAN HENNING: Your final public speaker on this item is Gerard Brangenberg. MR. BRANGENBERG: My name is Jerry Brangenberg and I am the president of the association. We own -- my wife and I, Tina, we own lot 5000 Coach Lane. And just for the record, we are from Southern New Jersey, which nobody else out here has said. New Jersey is part of this, so -- but nobody in this room wants this to bring closure here than myself. This has been very strenuous the last several months. And Alan pointed out too a couple things about people. But what we need -- I hope this will bring closure. To emphasize the fact here that we've come to -- you know, we've agreed here to 308. There's numerous compromises to get to this point. Yes, there's concern about coaches, the coach house size, 308. Yes, some lots 308 just won't work. We have an architectural committee that should review that and obviously we have sizes below that that people can consider. They have to meet the offsets. Yes, we want to minimize any foliage removal or damage. But people do own their lots. And I myself, and I think everybody out here, if they build a coach house and if they have to remove any foliage, I think they'll probably replace it two or three times in kind. Because that's one thing, that is what Pelican Lake is all about is the foliage, the privacy on their lots and just the outdoor life. So, I mean -- so we have come to compromise that. But the association also, we've developed guidelines and our rules and our covenants to where the association knows the importance of the buffer between the two lots. And the association takes responsibility to maintain that buffer. And that buffer is where Page 134 January 28, 2014 -- that is the sound barrier and the visual barrier that keeps the privacy there that everybody likes. On the ordinance that's been drafted or proposed, I think there's six conditions. And we are in support of those six conditions 100 percent. I do again do emphasize, we would ask you to reconsider because of technology and the fact that we have the buffer, give us the flexibility, because we do manage the park ourselves, and we have our architectural committee, let us have the ability to dictate the location for the air conditioner that best suits the location. Because different lots have different arrangements. And I 100 percent hope that you'll support this project and our compromise. CHAIRMAN HENNING: I have a question. MR. BRANGENBERG: Yes, sir. CHAIRMAN HENNING: I would assume that you're the representative of the petition, right? MR. BRANGENBERG: I was at the -- on the 5th of December meeting, I was the spokesman, yes, sir. CHAIRMAN HENNING: Okay. The Planning Commission recommended a site vegetation photo survey of all the areas between the proposed accessory structure and the adjoining lots shall be provided to assure that existing vegetation is not removed. That's different than what you're saying now. MR. BRANGENBERG: We don't have a problem with the -- again the buffer. But as Mrs. Fiala has been out there and seen, when you put -- we've already dictated we put this structure on the existing footprint. There may be a tree or something that has to be moved to fit it on there. But that's the owner's vegetation, that's the owner's -- they can do anything, they could take it out right now. CHAIRMAN HENNING: That isn't what the Planning Commission -- Page 135 January 28, 2014 MR. BRANGENBERG: I understand that. CHAIRMAN HENNING: -- is recommending. So what you're suggesting -- maybe what you're suggesting, because I've heard that nobody wants to lose the vegetation is, you know, relocation or -- MR. BRANGENBERG: Relocation or -- CHAIRMAN HENNING: -- replacement. MR. BRANGENBERG: Replacement. Yes, exactly. I mean, if there's vegetation being removed, I don't think anybody will have an objection to replace or -- but they may want to put it somewheres else around the coach house or something like that. Because vegetation is paramount. CHAIRMAN HENNING: I just wanted to make it clear, because I've heard over and over about moving vegetation or the neighbor's going to take some vegetation or something like that. So -- MR. BRANGENBERG: Understand the buffer is something that be cannot be touched. And we'd be glad to take a picture of that and document it. The buffer cannot be touched. That -- the association is responsible for that. We're responsible to maintain it and we do that. CHAIRMAN HENNING: We're responsible for -- or the County Manager is responsible for enforcing our ordinances, and this is an ordinance, so -- MR. BRANGENBERG: I appreciate, yes. The way that's written, you're correct. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. I am certainly aware that there is no Commissioner on this dais that works any harder to work with a community than Commissioner Fiala does, so I'm going to be looking for her on guidance on this. But I will say several things have come to my attention. A couple of them -- I don't know how many people can possibly be left Page 136 January 28, 2014 in Canada, after talking to this group. I will say that I'm not from Michigan but my mother's family was all from Michigan, so -- COMMISSIONER HILLER: I thought you were going to say you were from Canada. COMMISSIONER NANCE: No, I said I couldn't figure out if there was any people left in Canada, ma'am. I can also tell from the testimony of some of the ladies it's really important that we get this done, because we don't want to have the construction of the coach houses or the lack of construction to result in any divorces. And from what I understand about the conversation about the living accommodations or lack thereof, and it seems from the group, the age of the crowd, which is very similar to me, that we're not anticipating anymore children are going to be generated by the coach houses. So with that, I will say I will personally thank you. This has been a very courteous and respectful group. And as you ladies and gentlemen might imagine, it's not always that way in this room. And I had appreciate your respect and courtesy among yourselves. I see that you have a wonderful community, you wouldn't all be here if you weren't. And I also personally thank you for the respect you've shown to this Board. Because it makes it very much easier for us to craft a way to help you make your community better and keep Collier County better. So I just want to say thanks, and I look forward to Commissioner Fiala's guidance. (Applause.) COMMISSIONER NANCE: I will say also -- I'm going to throw in one last little plug -- these things like these low noise units, you all ought to jump on this sort of stuff. And I will also make a pitch for you to consider dark skies lighting. It's something that a community Page 137 January 28, 2014 of yours can take advantage of. We haven't done it in Collier County, but I always think that great lighting that doesn't pollute the neighborhood is something great. So just -- I'm just throwing that in as a little pitch. Thank you. CHAIRMAN HENNING: Okay, I'm going to close the public hearing. I'm going to entertain a motion. Chris, I would like you to step up to the podium. Heidi, are you going to craft the ordinance as the Board amended, or who's going to do that? As far as staff goes. MR. KLATZKOW: We'll take care of it, Commissioner. CHAIRMAN HENNING: Okay. So we need some guidance. I think you want some guidance on how to formulate a motion to amend this ordinance; is that correct? COMMISSIONER FIALA: If I need guidance, I'm sure our County Attorney will give it to me. CHAIRMAN HENNING: Okay. Well, we'll all help you. COMMISSIONER FIALA: But first of all, I wanted to say that you were talking about mosquitoes. Especially your wife, and everybody else. And that's because most people don't realize, this motor -- let's see, motor coach resort, right? Isn't that what it's called, motor coach resort -- is located right there by Rookery Bay. And so they're not allowed to spray in the Rookery Bay area for mosquitoes. And so these people really have a lot more suffering. They do need this coach house. So I wanted to just put that on the record. And I want to tell you, I'll just echo what Commissioner Nance just said. I don't remember -- I've been here 13 years. I don't ever remember a controversial subject where everybody got together and we were all laughing together and all respectful of one another. It's been the greatest audience I think I've ever remembered in 13 years. Thank you. (Applause.) Page 138 January 28, 2014 COMMISSIONER FIALA: And I had those notes written down so I wouldn't forget to say them to you. UNIDENTIFIED MEMBERS OF THE AUDIENCE: You need to move into our community. COMMISSIONER FIALA: Oh, I'd like to do that. It's beautiful. MR. KLATZKOW: But not in one of the homes. (Laughter.) COMMISSIONER FIALA: But it doesn't have a bed. Okay, so I'd like to make a motion. And do I have to say anything at all about to amend the ordinance? MR. KLATZKOW: Well, you've got an executive summary with Planning Commission recommendations. I don't know which one of those recommendations you want to adopt as a Board and how you want to veer from them. COMMISSIONER FIALA: Okay, let me tell you what I want to do and then you can guide me, just to make sure that I do everything according to the law and whatever we need to do to comply. I wanted to make a motion to allow these people to build a 300 -- up to a 308-foot -- square foot coach house. And then if they wanted a screened-in porch or some type of extra facility, then it could just be part of that 308 square foot. Agreed that that should be able to -- that they should be able to decide where the air conditioners should go. But we ask that if it's next to your neighbor, that you make sure that you put in one that is extremely quiet. And I think knowing -- just seeing you today, I think you'll do that. CHAIRMAN HENNING: Is that a requirement under your motion or a statement? COMMISSIONER FIALA: It's a statement. MR. KLATZKOW: So we're omitting the first Planning Commission recommendation? Page 139 January 28, 2014 CHAIRMAN HENNING: Yes. MR. KLATZKOW: I'm just getting clarity. COMMISSIONER FIALA: Okay, good. Great. That the new structures cannot contain a bed or a bedroom so that they cannot be considered a guest house. If there are any awnings or anything that are going to be adjusted to it and if you need to remove trees, like this gentleman will have to remove a lot of trees if he wants to keep the size awning he has on there, then you keep that same vegetation someplace or replace it so that you retain the beauty of your community. I've never seen anything so beautiful. I know there's another motor coach resort up on U.S. 41 and it's lovely from the outside, but I've never seen anything like yours. And I want to help you keep that beauty. Let's see. I wrote myself some other notes here. I think this is already in your homeowners association that you cannot use -- you cannot use that lot or the coach house when the coach isn't there. But I don't know if I need to put that in there or not, Jeff. MR. OCHS: It's in there, ma'am. COMMISSIONER FIALA: Okay. And let's see, I think there was -- COMMISSIONER COYLE: Height limitation. COMMISSIONER FIALA: Oh, yeah, height limitation to 15 feet. Thank you, Commissioner. And I think that's already written in there, by the way, from the Planning Commission. MR. KLATZKOW: What about the fourth Planning Commission recommendation? COMMISSIONER FIALA: Pardon me? MR. KLATZKOW: Your fourth Planning Commission recommendation dealt with the structural doorway. The entrance. Page 140 January 28, 2014 COMMISSIONER FIALA: Yeah, for the entrance or accessory, you mean? MR. KLATZKOW: Yes. COMMISSIONER FIALA: Shall be located -- will that work for you? UNIDENTIFIED MEMBERS OF THE AUDIENCE: Yes. UNIDENTIFIED MEMBERS OF THE AUDIENCE: No. COMMISSIONER FIALA: Some say yes, some say no. It says the entrance to the accessory structure shall be located across from the principal user of the motor coach and the accessory structure doorway will be no greater than a 45-degree angle when a corner-mounted doorway is -- COMMISSIONER HILLER: The president says they're fine with that provision. MR. BRANGENBERG: We're fine with that, ma'am. COMMISSIONER FIALA: Okay, good. So we'll make sure that that goes in. We've already talked about the height. Let's see. And it says the proposed accessory use shall include the footprint of the existing utility storage structure, which is what the Planning Commission said. And everybody's fine with that. So I -- let's see, cannot be used for a place of business. And let's see, of course accept for things like go in there and read your reports for the day from the office or whatever. I mean, it's not limiting that. You just don't want to use manufacturing in there or whatever. And I think that we've hit every item that people had concerns about. And I think that all people can live with these rules that would be in place. And just as some people had said, they wanted to make sure that the rules are stipulated and that they were clear. And I think they're pretty clear there. So that would be my motion. COMMISSIONER COYLE: Could I just ask a question just to Page 141 January 28, 2014 summarize? COMMISSIONER FIALA: Sure. COMMISSIONER COYLE: In essence we are -- you've made a motion to approve including the Planning Commission's recommendations number two, three, four, five, six and seven; is that correct? COMMISSIONER FIALA: Yes. MR. KLATZKOW: Two is not approved. My understanding is four, five and six were approved. As far as vegetation goes, you're allowing the removal of vegetation, as long as they replant like for like? CHAIRMAN HENNING: Yeah, that's what I understood. COMMISSIONER FIALA: Right, right, that's exactly what I said. To ensure that the existing -- oh, I see. No, I'm saying they can remove it, as long as they replace it. MR. KLATZKOW: Replace it. COMMISSIONER FIALA: Right. COMMISSIONER COYLE: All right. So item number two is not approved; is that right? COMMISSIONER FIALA: Right, yeah. COMMISSIONER COYLE: So we've still got three, four, five, six and seven that are approved? COMMISSIONER FIALA: Yes. Used as a primary -- cannot be used as a primary dwelling or guesthouse, yes. Four is located across from the principal use of the motor coach. That's okay. The height, of course we've already mentioned at 15 feet. Six is the 308 foot. And seven is the accessory use. And those are all acceptable. COMMISSIONER COYLE: Okay, I agree. CHAIRMAN HENNING: May -- I can second that motion. Page 142 January 28, 2014 However, I want to have a discussion about enforcement. I think Planning Commissioner Mike Rosen was spot on, it would be hard for Code Enforcement to enforce. This should really be up to the residents to assist the County Manager enforcing this ordinance. My concern is you're going to throw a couch in there, there's no question about it. COMMISSIONER FIALA: Well, yeah. I see, so you're meaning sleeping. CHAIRMAN HENNING: Then it's going to be a doghouse. I mean, not a doghouse, but a doghouse for men. So Chris, does this community have deed restrictions? MR. THORNTON: Yes, sir. CHAIRMAN HENNING: Can the deed restrictions be amended to include that the coach houses will be no sleeping in coach houses? UNIDENTIFIED MEMBERS OF THE AUDIENCE: It already is. CHAIRMAN HENNING: It's already there? MR. BRANGENBERG: It's already in there, sir. CHAIRMAN HENNING: How about the bylaws? MR. BRANGENBERG: It's in our bylaws. MR. THORNTON: It's actually in declaration articles, bylaws, rules. It's in the declaration. Those were the restrictions. The bylaws are more procedural in nature. CHAIRMAN HENNING: So I'm sure that the board would enforce it so I don't have to make any kind of a friendly amendment. So Commissioner Nance said he would second the motion if you would make the motion, so motion by -- COMMISSIONER NANCE: Yes. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Nance. Any further discussion? Page 143 January 28, 2014 Commissioner Nance? COMMISSIONER NANCE: No, sir. CHAIRMAN HENNING: Any discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. (Applause.) CHAIRMAN HENNING: We have some further business, so when you exit, if you could try to be silent, I would appreciate it. MR. OCHS: Mr. Chairmen, you're scheduled for a court reporter break at 2:50. You may want to take that right now. CHAIRMAN HENNING: Yeah, we can do that. I just want to say that, you know, I was very much opposed to having a second kitchen. However, it does make sense if you're going to stay in this for -- COMMISSIONER HILLER: Yeah, it does. CHAIRMAN HENNING: -- a long period of time to have a second kitchen. Let's take a 10-minute break and be back at 2:28. (Recess.) CHAIRMAN HENNING: Ten minutes are up. Board's back in session. MR. OCHS: Yes, sir. Page 144 January 28, 2014 CHAIRMAN HENNING: I keep my word. Item #12A DIRECTING THE COUNTY ATTORNEY TO ACCEPT THE JURY AWARD AND FINAL JUDGMENTS IN THE EMINENT DOMAIN CASE STYLED COLLIER COUNTY V. RTG, LLC, ET AL., CASE NO. 10-CA-00259, FOR THE TAKING OF PARCELS 116FEE, 116TCE1, 116TCE2, AND 116TCE3 FOR THE INTERSECTION IMPROVEMENTS AT US 951 (COLLIER BLVD.) AND US 41 — APPROVED MR. OCHS: Yes, sir. We have one more item on your regular agenda before communications this afternoon, sir. That's Item 12.A. That's a recommendation to direct County Attorney to accept the jury award and final judgment in the eminent domain case styled Collier County versus RTG Limited Liability Company. MR. KLATZKOW: I'm just trying to get my north and south. CHAIRMAN HENNING: I'm getting dizzy. COMMISSIONER HILLER: Stop already. MR. KLATZKOW: This is the corner of-- CHAIRMAN HENNING: Your name for the record. MR. KLATZKOW: Jeff Klatzkow, County Attorney for the record. This is the corner of Tamiami Trail and 951 . The taking occurred at what is presently the CVS Store. There were two primary takings: One was a fee taking which is out there. And you can see the major impact it has on their parking spaces. There was also a temporary construction easement which went beyond that. Page 145 January 28, 2014 There was some dispute as to how many parking spots were lost, but approximately 11 or 12 would be lost. CVS took the position that with the reduction in the parking spaces they could no longer operate at the site. They had a $392,000 per year rent for the building. It was a 20-year lease with four five-year options. They testified at trial that they're gone, that they've given their notice and as soon as construction starts or shortly thereafter they'll be leaving. The property owner at CVS was seeking well in excess of$7 million. During the proceedings, the jury came back with approximately $5.5 million award split between the landowner and CVS. Above what we had offered, well below what they had been asking for. Which is typical in these proceedings. It's my recommendation that the county not appeal. And that our theory of the case was that they could relocate the door and stay in business. If indeed that they stay in business, I'll be coming back here with some different proposals. If they do go out there, then they negatively impacted by our taking. And I'm open to any questions. CHAIRMAN HENNING: Questions by the Board? (No response.) CHAIRMAN HENNING: I have one question. Did the landowner represent that the building is no longer useful? MR. KLATZKOW: I do not believe that they represented that it was no longer usable, but it was certainly no longer usable for that purpose and there's no replacement tenant in site. CHAIRMAN HENNING: Entertain a motion. COMMISSIONER FIALA: Motion to approve. CHAIRMAN HENNING: Motion to approve staffs recommendation? Page 146 January 28, 2014 COMMISSIONER FIALA: Yes, sir. CHAIRMAN HENNING: Is there a second to the motion? COMMISSIONER NANCE: Second. CHAIRMAN HENNING: Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. KLATZKOW: Thank you. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Mr. Chairman, that takes us to Item 15, Staff and Commission General Communications. CHAIRMAN HENNING: What do you have for us, County Manager? MR. OCHS: Sir, I have one reminder, and that is that you have a Board Workshop at 1 :00 p.m. on Tuesday, February the 4th. The topics are included in your agenda packet today. And the only other bit of information is to tell the Board that my staff has been in discussions with the company that had petitioned the Board two meetings ago for an exclusive natural gas franchise for the Page 147 January 28, 2014 northeast area of the county, including Immokalee and Ave Maria. We've also worked with outside counsel from Nabors Giblin and we will be bringing a report back to the Board at your first meeting in February with our staff analysis and some options for the Board to consider. I know that several of you had asked me about that and the status of it. We'll have that back for you to consider some options at the next meeting. COMMISSIONER NANCE: Yes, Mr. Ochs, I fully support you going through due diligence on this item. I would appreciate though just a little update as to what steps you're going throw in due diligence, and just like to encourage everyone to move forward with your determination as soon as practicable. MR. OCHS: Yes, sir, will do. And that's all I have, Mr. Chair. CHAIRMAN HENNING: County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: I just wanted to say I thought we had a very productive meeting, a very, very good discussion that talked about a lot of things in detail that we'll be following up on, and I thought it was a very positive meeting. This is the first meeting in my recollection that we've had every vote be unanimous by the Board of County Commissioners. So I'd just like to thank everybody for -- COMMISSIONER HILLER: It wasn't really unanimous. There was one where I reconsidered. COMMISSIONER NANCE: There was a little grumpiness, but overall I'll give you credit for -- COMMISSIONER HILLER: Trying. COMMISSIONER NANCE: Yes, ma'am. COMMISSIONER HILLER: To give the 5-0 vote on that issue. But I can't accept it. Page 148 January 28, 2014 COMMISSIONER NANCE: I understand. But my statement still remains the same. I appreciate everybody's courtesy. I think we had a very productive meeting. Well run, Commissioner Henning. Thank you, sir. CHAIRMAN HENNING: Thank you for your assistance. Commissioner Hiller? COMMISSIONER HILLER: Yeah, I don't have any comments other than to say I think I've been hanging around Leo too long because it seems that all women that hang around him end up with bangs. And I did. And I told him yesterday, I said oh, my God, I got bangs. And I didn't realize that it was because of him. And then he started telling me, like are they straight, are they swooped, are they this, are they that? And he went into all the variations of bangs and the theory on how you wear bangs. So can you tell me all of them again? Because I want everyone to know just how much you really know. Because his wife has bangs, and that's -- MR. OCHS: Thank you for throwing that in that little -- that's what started that, yeah. COMMISSIONER HILLER: So what are they again? Because you said that so -- just the swoosh and the -- MR. OCHS: I went through all of them with my wife over the years so I'm an expert on it. COMMISSIONER HILLER: I just want you to know, this is my first. So if I'm not happy, I'm going to come back to you for advice. MR. OCHS: You'd have to call my wife, ma'am. COMMISSIONER HILLER: Probably have a better idea. I was going to say staff recommendation, right? No, it was a very nice meeting and I'm looking forward to you making a motion to adjourn it, Commissioner Henning. And I'll Page 149 January 28, 2014 second it. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Absolutely nothing. But I'd like to thank all the producers and executives and people who have done -- you've all done such a wonderful job. I just can't thank you enough. And it's really a lot of fun to be here, and I'm looking forward to the Academy Awards next time. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER HILLER: I second that emotion. COMMISSIONER FIALA: We've had a lot of humor in this meeting today, and is it pleasant. Thank you very much and thanks for a great meeting. CHAIRMAN HENNING: Thank you. I do have one item. We had a workshop, and I had forget which one, I think it was in October, I brought up -- it was the workshop on advisory boards. And I brought up the fact about the Public Service Commission. However, staff didn't feel that they had the majority of the Board wanting to dissolve the Public Service Commission. And if so, I brought up the fact we used to have what was MSAC. Do we want to reconstitute that, reconstitute the MSAC in place of the Public Service Commission. So I'm going to ask each and every one of you to give direction to the County Manager whether to do so or not. Commissioner Coyle? COMMISSIONER COYLE: Well, I think the PSA has been an absolute failure for a number of reasons. None of them have to do with the qualifications of the people in the organization. It has to do with the fact that they have become politicized and they've all got their own agenda that they want to pursue. And I have ample documentation to substantiate that fact from the individuals themselves. Page 150 January 28, 2014 I think it's absolutely shameful what they have done in cases, and I find it unbelievable that there are members on the PSA who are doing everything they can to avoid taking a position on important issues. It is irresponsible and it's nothing but a political exercise. And I don't think it's going to serve us at all. CHAIRMAN HENNING: So the answer to the question is? COMMISSIONER COYLE: The answer to the question is, and I'll be finished in another 10 or 15 minutes -- COMMISSIONER HILLER: I've got my watch on, Commissioner Coyle. Let me tell you how many minutes you spoke at this meeting. Just kidding. COMMISSIONER COYLE: But I think going back to something we had before that is more manageable where you get effective recommendations -- we just have to avoid putting people on that organization who have an agenda. CHAIRMAN HENNING: Well, the only way you're going to do that is the requirements under the ordinance for reconstituting MSAC that it would be nobody serve on the board that has a special interest. We won't have members of EMS on it, we won't have staff on it, we won't have fire unions or fire personnel or fire commissioners. We just want average citizens with the interest -- COMMISSIONER COYLE: Of the citizens at heart. And you're not too far off there, quite frankly. Because I don't know of a way that you can ask a fire district to be on an organization there without him going after the same thing they always go after. They want control of EMS. That's their bottom line and that's all they're ever going to do. So you're right. But what I would suggest is that a few key positions, possibly even the Collier County Medical Society, a sub-committee of that group, who could review medical protocols and advise Dr. Tober on medical protocols as a sounding board to Dr. Page 151 January 28, 2014 Tober, and help him get those things, those changes in protocols staffed. But I think having EMS people and fire districts on the board just results in more controversy and very little of anything that is productive. We can get the same input by coordinating with them through the County Manager who is the one who is supervising the Medical Director anyway. CHAIRMAN HENNING: Okay. So to sum it up is you're in favor of dissolving the Public Service Commission, reconstituting EMS with interested citizen (sic) of the topic. Commissioner Fiala? COMMISSIONER FIALA: Yes, I always thought MSAC did a great job, and I liked the fact that it appeared in front of the public at all times and they represented the public rather than a certain facet within our community. CHAIRMAN HENNING: So you're in favor of dissolving PSA? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: And I am too. Commissioner Hiller? COMMISSIONER HILLER: I have to give it some thought. I haven't drawn a conclusion on it yet. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: You know, you could convince me one way or the other, gentlemen and ladies. I don't know. You know, I think what we're asking the PSA to give us is part of the problem. I think if we were asking them to come with constructive criticism, suggestions to problems, meaningful critical thought, I think you've got a tremendous brain trust there with a lot of things. But when we ask them for an up and down vote on a subject and it's a contentious subject and we get a 50/50 vote, it really has no utility for me. It's not helping me decide, because I really can't get inside their brains and frankly I'm not that smart on the subjects that I'm asking them to help Page 152 January 28, 2014 us with. So, you know, if they could come with white papers or they could take a topic like we talked about today and said hey, you know how I can make that better, do this and this and this and don't do that, that and that and here's a better idea or something like -- if you get something like that coming from them, I think it might be a very productivity group. But to ask them to, you know, either recommend or not, it's just been tough. Because it's been hard decisions to make. And in a lot of cases, you know, you ask them to be Solomon. Well, you can't always split the child, you know. So I think what we ask these advisory groups to do for us in a lot of cases determines whether we're getting a productive product out of them or not. CHAIRMAN HENNING: You have a majority of the Board you heard that wants to dissolve PSA and reconstitute the EMS Ordinance. COMMISSIONER FIALA: MSAC. CHAIRMAN HENNING: MSAC ordinance. COMMISSIONER FIALA: May I just add that we -- it got to the point where when they would vote on anything, we knew right where the split was. You could tell who was going to vote before they even voted, it was that clear. And that shouldn't be. CHAIRMAN HENNING: Okay, seeing no further business, I'm going to make a motion to adjourn and find a date with a fishing pole and sand between my toes, so -- anybody want to second that motion? COMMISSIONER FIALA: Second. CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. Page 153 January 28, 2014 CHAIRMAN HENNING: Any opposed? (No response.) COMMISSIONER NANCE: Bye. CHAIRMAN HENNING: Bye. COMMISSIONER FIALA: But I just wanted to say, the sand between your toes or -- CHAIRMAN HENNING: That was part of my motion. ***** **** 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 **** Item #16A1 THE CLERK OF COURTS TO RELEASE A LETTER OF CREDIT IN THE AMOUNT OF $52,710 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR WORK ASSOCIATED WITH SABAL BAY COMMERCIAL PLAT PHASE 4, AR-13453 — THAT WAS PROVIDED FOR AN EARLY WORK AUTHORIZATION FOR THE SITE PRIOR TO OBTAINING THE FINAL CONSTRUCTION PLAN AND PLAT APPROVAL, APPROVED BY THE BOARD ON APRIL 9, 2013 Item #16A2 A RELEASE OF LIEN IN THE AMOUNT OF $280,224.79 FOR PAYMENT OF $1,074.79, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. INNOVATION CONSTRUCTION & DEVELOPMENT, LLC, Page 154 January 28, 2014 CODE ENFORCEMENT BOARD CASE NO. CEB 2004-75, RELATING TO PROPERTY LOCATED AT 219 2ND STREET SOUTH, IMMOKALEE, COLLIER COUNTY, FLORIDA — FOR 5,592 DAYS OF NON-COMPLIANCE FOR THE ALTERATION OF A STRUCTURE AND IMPROVEMENTS TO A PROPERTY WITHOUT PERMITS THAT WERE BROUGHT INTO COMPLIANCE BY THE OWNER ON DECEMBER 14, 2012 Item #16A3 RECORDING THE FINAL PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 2, (APPLICATION NUMBER PPL- PL20130001594) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A4 TRANSFER OF THE GOODLAND ISLES, INC. UTILITY FRANCHISE TO THE COON KEY PASS FISHING VILLAGE CONDOMINIUM ASSOCIATION, INC., A FLORIDA NON- PROFIT CORPORATION, IN ACCORDANCE WITH ORDINANCE 96-06, AS AMENDED, "SECTION 1-19. APPLICATION FOR TRANSFER OF FRANCHISE CERTIFICATION, FACILITIES OR CONTROL, (E) TRANSFER TO HOMEOWNERS' ASSOCIATION" — THE COON KEY PASS FISHING VILLAGE CONDOMINIUM ASSOCIATION SHALL BE SOLELY RESPONSIBLE FOR THE OPERATION AND MAINTENANCE COSTS ASSOCIATED WITH THE LIFT STATION Page 155 January 28, 2014 Item #16D1 THE STUDENT SCHOOL YEAR AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR TRANSPORTATION SERVICES FOR COUNTY RECREATION PROGRAM PARTICIPANTS AT AN ESTIMATED ANNUAL COST OF $5,000 — FOR COST-EFFECTIVE AND RELIABLE AFTER SCHOOL TRANSPORTATION SERVICES FOR THE PARTICIPANTS OF THE COLLIER COUNTY PARKS AND RECREATION PROGRAM Item #16D2 SELECTION COMMITTEE RANKINGS, AND AUTHORIZE ENTERING INTO CONTRACT NEGOTIATIONS FOR REQUEST FOR PROPOSAL NO. 13-6178 FOR CEI SERVICES FOR VANDERBILT BEAUTIFICATION MSTU — FOR CONSTRUCTION, ENGINEERING AND INSPECTION SERVICES FOR THE VANDERBILT BEACH BEAUTIFICATION MSTU UTILITY CONVERSION PROJECT PHASES II, III AND IV WITH HOLE MONTES, INC. Item #16D3 ANNUAL MAINTENANCE AGREEMENT WITH INNOVATIVE INTERFACES, INC. FOR SIERRA SOFTWARE FOR LIBRARY SYSTEM OPERATIONS SUPPORT, REQUEST THAT THE BOARD WAIVE THE FORMAL COMPETITIVE THRESHOLD PURSUANT TO ORD. NO. 13-69, SECTION 9(B)(2), AND AUTHORIZE THE CHAIRMAN TO SIGN THE COUNTY Page 156 January 28, 2014 ATTORNEY APPROVED AGREEMENT — SUPPORTING THE FUNCTIONS OF THE LIBRARY SUCH AS CIRCULATION, CATALOGING, AND INTERLIBRARY LOANS Item #16D4 SUBMITTAL OF A GRANT APPLICATION FOR THE 2013/2014 FEDERAL HIGHWAY ADMINISTRATION (FHWA) FLEXIBLE FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE COLLIER AREA TRANSIT ADMINISTRATION, OPERATIONS & MAINTENANCE FACILITY IN THE AMOUNT OF $1,186,348 THROUGH THE FEDERAL TRANSIT ADMINISTRATION (FTA) TRANSPORTATION ELECTRONIC AWARD MANAGEMENT (TEAM) SYSTEM — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D5 — Continued to the February 11, 2014 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE A RESOLUTION SUPERSEDING RESOLUTION NO. 2013-28 ESTABLISHING NEW BIKE LOCKER RENTAL FEES, POLICIES AND PROCEDURES AT THE COLLIER AREA TRANSIT INTERMODAL TRANSFER FACILITY LOCATED AT THE GOVERNMENT CENTER Item #16D6 RESOLUTION 2014-18: EXECUTING THE SUPPLEMENTAL AGREEMENT TO THE JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN THE FLORIDA DEPARTMENT OF Page 157 January 28, 2014 TRANSPORTATION (FDOT) AND COLLIER COUNTY TO AMEND THE DISADVANTAGED BUSINESS ENTERPRISE LANGUAGE FOR CONTRACT AQQ16 Item #16D7 RESOLUTION 2014-19: EXECUTING THE SUPPLEMENTAL AGREEMENT TO THE JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND COLLIER COUNTY TO AMEND THE DISADVANTAGED BUSINESS ENTERPRISE LANGUAGE FOR CONTRACT AQQ85 Item #16D8 RESOLUTION 2014-20: EXECUTING THE SUPPLEMENTAL AGREEMENT TO THE JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND COLLIER COUNTY TO AMEND THE DISADVANTAGED BUSINESS ENTERPRISE LANGUAGE FOR CONTRACT AQR01 Item #16D9 AMEND THE STATE/FEDERAL SUBORDINATION LOAN POLICY TO ALLOW FUTURE SUBORDINATION REQUESTS TO INCLUDE IMPACT FEE DEFERRAL LIENS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D10 Page 158 January 28, 2014 AN AMENDED AND RESTATED ACCESS EASEMENT AGREEMENT WITH HEADWATERS DEVELOPMENT LIMITED LIABILITY LIMITED PARTNERSHIP, LLLP TO PROVIDE FOR DEVELOPER IMPROVEMENTS TO AN ACCESS ROADWAY OVER COUNTY PROPERTY ASSOCIATED WITH THE GORDON RIVER GREENWAY PROJECT AND AUTHORIZE A BUDGET AMENDMENT RECOGNIZING REVENUE IN THE AMOUNT OF $140,365.20 (PROJECT NO. 80065. 1) — THE AMENDMENT TERMS INCLUDE THE MAINTENANCE AND CONSTRUCTION OF THE ACCESS ROADWAY AND TERMINATION OF THE AGREEMENT IF THE ENTIRE ROADWAY CORRIDOR ISN'T SUBSTANTIALLY COMPLETED BY HEADWATERS ON OR BEFORE FEBRUARY 8, 2016 Item #16D11 A BUDGET AMENDMENT IN THE AMOUNT OF $87,000 FROM TOURIST DEVELOPMENT COUNCIL (TDC) PARK BEACH FACILITIES FUND (183) RESERVES TO MAKE PILING REPAIRS TO THE CLAM PASS BOARDWALK DRAWBRIDGE, AND MAKE A FINDING THAT THIS PROJECT SUPPORTS TOURISM — DAMAGE CAUSED BY MARINE ORGANISMS TO 14 WOOD PILINGS, 5 HAVE SIGNIFICANT DETERIORATION AND 9 SHOULD BE RE-JACKETED FOR IMPROVED FUTURE PROTECTION FROM THE MARINE ORGANISMS WORK WILL BE PREFORMED BY WRIGHT CONSTRUCTION Item #16D12 A SUBRECIPIENT AGREEMENT IMPLEMENTING THE Page 159 January 28, 2014 FY2013-2014 ANNUAL ACTION PLAN BY UTILIZING U.S. HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR HABITAT FOR HUMANITY - FAITH LANDING INFRASTRUCTURE PROJECT (FISCAL IMPACT $500,000) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D13 EXECUTE THE DOCUMENTS NECESSARY TO CONVEY AN EASEMENT TO LEE COUNTY ELECTRIC COOPERATIVE, INC. ON COUNTY PROPERTY AT TIGERTAIL BEACH (PROJECT NO. 90093) — FOR INSTALLATION OF UNDERGROUND DISTRIBUTION FOR ELECTRIC INFRASTRUCTURE ON COUNTY PROPERTY FOR THE NEW RESTROOM IMPROVEMENTS AT TIGERTAIL BEACH PARK Item #16D14 THIRD AMENDMENT TO AGREEMENT WITH THE COLLIER COUNTY HOUSING AUTHORITY, INC. (CCHA) FOR A TENANT BASED RENTAL ASSISTANCE PROJECT TO EXTEND THE PROJECT COMPLETION DATE — FROM JANUARY 31, 2014 TO JULY 31, 2014 Item #16E1 SECOND AMENDMENT TO PARKING LICENSE AGREEMENT WITH VANDERBILT REAL ESTATE HOLDINGS, LP FOR TEMPORARY PARKING FOR BEACH MAINTENANCE EQUIPMENT — THE RENT EQUATES TO $575 MONTHLY AND Page 160 January 28, 2014 WILL BE WITHDRAWN FROM THE TDC BEACH RENOURISHMENT FUND (195), BEACH CLEANING PROJECT NUMBER (90533. 1) EXTENDED THE AGREEMENT TO OCTOBER 31, 2015 Item #16E2 ADDITIONS, DELETIONS, AND RECLASSIFICATIONS TO THE 2014 FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE FROM OCTOBER 1, 2013 THROUGH DECEMBER 31, 2013 Item #16E3 RECOGNIZE $2,739 IN REVENUE DUE TO THE ON-LINE AUCTION SALE OF TWO 2004 SUZUKI OUTBOARD MOTORS AND APPROVE THE NECESSARY BUDGET AMENDMENT FOR THE OCHOPEE FIRE CONTROL DISTRICT FOR THE PURPOSE OF REPLACING FIRE/RESCUE EQUIPMENT Item #16E4 AWARD REQUEST FOR PROPOSAL (RFP) #13-6163 SECURITY SERVICES TO G4S SECURE SOLUTIONS, INC. (USA) FOR COURTHOUSE AND GOVERNMENT SECURITY SERVICES AND AUTHORIZE THE CHAIRMAN TO EXECUTE A COUNTY ATTORNEY APPROVED AGREEMENT Item #16H1 RESOLUTION 2014-21 : APPOINTMENT OF MEMBER TO THE Page 161 January 28, 2014 PARKS AND RECREATION ADVISORY BOARD — REAPPOINTING DAVID SALETKO TO A TERM EXPIRING ON DECEMBER 31, 2017 - ADOPTED Item #16H2 RESOLUTION 2014-22: APPOINTMENT OF MEMBERS TO THE PELICAN BAY SERVICES DIVISION BOARD — REAPPOINTING HUNTER HANSEN FOR COMMERCIAL CATEGORY AND REAPPOINTING FRANK C. DICKSON, II AND SUSAN O'BRIEN FOR THE RESIDENTIAL CATEGORY TO A TERM EXPIRING ON MARCH 31, 2018 Item #16H3 REQUEST BY COMMISSIONER HILLER FOR RECONSIDERATION OF ITEM #6A FROM THE JANUARY 14, 2014 BCC MEETING TITLED: PUBLIC PETITION REQUEST FROM JARED GRIFONI REPRESENTING THE LIBERTARIAN PARTY OF COLLIER COUNTY, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS RESCIND ORDINANCE 2013-70 WHICH ESTABLISHED THE LA PENINSULA SEAWALL MUNICIPAL SERVICE BENEFIT UNIT (MSBU) AND RESCIND RESOLUTION 2013-292 WHICH ESTABLISHED A SPECIAL ASSESSMENT FOR FUNDING THE SEAWALL IMPROVEMENTS. BOTH ORDINANCE 2013-70 AND RESOLUTION 2013-292 WERE ADOPTED BY THE BOARD OF COUNTY COMMISSIONS ON DECEMBER 10, 2013 Item #16H4 Page 162 January 28, 2014 RESOLUTION 2014-23: A RESOLUTION REMOVING A MEMBER FROM THE BLACK AFFAIRS ADVISORY BOARD AND TO DECLARE THE MEMBER'S SEAT TO BE VACANT — REMOVING FRANK CUMMINGS DUE TO HIS RECENT ARREST ON SERIOUS CHARGES Item #16H5 DECLARE THE ATTENDANCE BY COMMISSIONER(S) AND STAFF AT THE FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE DAY CONFERENCE, MARCH 26-28, 2014, TO BE A VALID PUBLIC PURPOSE — TO BE HELD AT THE FSU TURNBULL CONFERENCE CENTER, 555 W PENSACOLA ST., TALLAHASSEE Item #16H6 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE MARCO ISLAND POLICE FOUNDATION LUNCHEON ON FEBRUARY 6, 2014. THE SUM OF $20 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — TO BE HELD AT HIDEAWAY BEACH CLUB, 250 SOUTH BEACH DRIVE, MARCO ISLAND Item #16H7 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE COLUMBIETTES WINTER WONDERLAND DINNER DANCE ON JANUARY 25, 2014. THE Page 163 January 28, 2014 SUM OF $40 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT SAN MARCO CATHOLIC CHURCH, PARISH HALL, 851 SAN MARCO ROAD, MARCO ISLAND Item #16H8 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE NAPLES LAKES BOOK CLUB DISCUSSION ON FEBRUARY 13, 2014. THE SUM OF $12 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT NAPLES LAKES COUNTRY CLUB, 4784 INVERNESS CLUB DRIVE, NAPLES Item #16H9 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE MARCO ISLAND CENTER FOR THE ARTS RHAPSODY IN BLACK ON FEBRUARY 9, 2014. THE SUM OF $70 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT ISLAND COUNTRY CLUB, 500 NASSAU ROAD, MARCO ISLAND Item #16H10 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE LET THE FUN TIMES Page 164 January 28, 2014 ROLL AT MARDI GRAS ON FEBRUARY 28, 2014. THE SUM OF $100 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT NAPLES BEACH HOTEL & GOLF CLUB, 851 GULF SHORE BOULEVARD NORTH, NAPLES Item #16H11 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE NAPLES ZOO COCKTAILS & COCKATOOS EVENT ON FEBRUARY 8, 2014. THE SUM OF $75 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT HARMON-MEEK GALLERY, 599 9TH STREET NORTH, NAPLES Item #16J1 BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF JANUARY 3, 2014 TO JANUARY 9, 2014 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF JANUARY 10, 2014 TO JANUARY 16, 2014 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J3 Page 165 January 28, 2014 AN AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFF'S OFFICE TO HAVE TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN THE TARPON BAY SUBDIVISION Item #16J4 THE CLERK OF COURTS INVESTMENT UPDATE REPORT FOR THE QUARTER ENDED DECEMBER 31, 2013 Item #16K1 AN ASSUMPTION AGREEMENT SUBSTITUTING THE LAW FIRM OF BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C., FOR THE LAW FIRM FEMA LAW ASSOCIATES, PLLC, IN THE RETENTION AGREEMENT DATED DECEMBER 11, 2012; AND AUTHORIZE STAFF TO OPEN A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $15,000 Item #16K2 AN AMENDMENT TO AGREEMENT FOR LEGAL SERVICES RELATING TO RETENTION AGREEMENT HAHN LOESER & PARKS, LLP, EXTENDING THE EXPIRATION DATE TO FEBRUARY 9, 2016. THERE IS NO NEW FISCAL IMPACT ASSOCIATED WITH THIS AMENDMENT — FOR PROFESSIONAL SPECIALIZED LEGAL SERVICES Item #16K3 Page 166 January 28, 2014 THE CHAIR TO EXECUTE THE PROPOSED COLLIER COUNTY EMERGENCY SERVICES MEDICAL DIRECTOR AGREEMENT WITH DR. TOBER — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K4 RESOLUTION 2014-24: A RESOLUTION CONFIRMING THE JANUARY 14, 2014 APPOINTMENTS OF THE CHAIR AND VICE-CHAIR OF THE BOARD OF COUNTY COMMISSIONERS, AND VARIOUS OTHER BOARDS, AND REPEALS RESOLUTION NO. 2013-291, WHICH IS IN PART, IN CONFLICT WITH SUCH APPOINTMENTS — ADOPTED Item #17A ORDINANCE 2014-01 : AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-7, THE R. ROBERTS ESTATE PUD, AND AMENDING ORDINANCE NUMBER 2004- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES 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 DESIGNATION OF 3.2 ACRES OF LAND FROM RESIDENTIAL SINGLE FAMILY-3 (RSF-3) TO R. ROBERTS ESTATE MIXED USE PLANNED UNIT DEVELOPMENT; BY INCREASING THE SIZE OF TRACT A OF THE PUD BY 3 ACRES, FROM 5.9 ± ACRES TO 8.9 ± ACRES; BY CHANGING THE PERMITTED USES ON TRACT A FROM Page 167 January 28, 2014 SINGLE FAMILY RESIDENTIAL TO UP TO 50,000 SQUARE FEET OF GROSS FLOOR AREA OF INSTITUTIONAL AND PROFESSIONAL OFFICE USES; BY REVISING SECTION I, PROPERTY DESCRIPTION; BY REVISING DEVELOPMENT STANDARDS AND DEVELOPER COMMITMENTS FOR THE PUD LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND NORTH AND EAST OF SR-29 IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 42 ± ACRES; AND BY PROVIDING AN EFFECTIVE DATE (PETITION NUMBER PUDA- PL20130000052) Item #17B RESOLUTION 2014-25: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2013-14 ADOPTED BUDGET Item #17C ORDINANCE 2014-02: AMENDMENTS TO ORDINANCE 87-5, INCENTIVES FOR JOB RELATED ACHIEVEMENT AS ADVERTISED, ADDING AN AWARD FOR EMPLOYEES WHO ARE RETIRING UNDER THE FLORIDA RETIREMENT SYSTEM WITH AT LEAST 5 YEARS OF COUNTY SERVICE Page 168 January 28, 2014 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3: 13 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL •ISTRI ITS UNDER ITS CONTROL L TOM HENNING, CI*TRMAN ATTEST' - fi DWI( T E. Q -OCK, CLERK 1'.A, `�It Imo' est as foChairmanit ' /' • signature only -- •.. V' i These minutes approved by the Board on , 25 ` 714 , as presented i./'-' or as corrected . Transcript prepared on behalf of Gregory Court Reporting, Incorporated by Cherie' R. Nottingham, CSR. Page 169