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BCC Minutes 03/11/2014 R BCC REGULAR MEETING MINUTES March 11 , 2014 March 11, 2014 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida March 11, 2014 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tom Henning Tim Nance Fred Coyle Donna Fiala Georgia Hiller ALSO PRESENT: Leo E. Ochs, Jr., County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Finance Director Tim Durham, Executive Manager of Business Operations Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority r .- O AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 March 11, 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 March 11,2014 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. Pastor Michael Bannon - Crossroads Community Church of Naples 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. February 11, 2014 - BCC/Regular Meeting 3. SERVICE AWARDS Page 2 March 11,2014 4. PROCLAMATIONS A. Proclamation recognizing March 13, 2014 as the Three Millionth Diaper Celebration for Baby Basics of Collier County. To be accepted by Jean Ann Lynch, Founder and Board President and Esther Daniel Gonzalez, Volunteer. Sponsored by the Board of County Commissioners. B. Proclamation designating March 15, 2014 as Save the Florida Panther Day in Collier County. To be accepted by Tom Trotta, President and Amber Crooks, Secretary, Friends of the Florida Panther Refuge; and Kevin Godsea, Project Leader, Florida Panther National Wildlife Refuge. Sponsored by Commissioner Nance. C. Proclamation to honor and celebrate Marco Island for being named the #1 island in the USA and the #4 island in the world by TripAdvisor - TRAVELERS' CHOICE Best Islands 2014. To be accepted by Larry Sacher Councilman, City of Marco Island; Sandi Reidman, Marco Island Chamber of Commerce; Rick Medwedeff, General Manager, Marco Island Marriott; and Jack Wert, Executive Director of the Naples, Marco Island, Everglades Convention and Visitors Bureau. Sponsored by Commissioner Fiala. D. Proclamation designating March 4-18, 2014 as Comcast Public-Private Partnership Weeks in Collier County in recognition of its technology program and donation assisting Collier County students. To be accepted by Justin Damiano, Government & Regulatory Affairs Comcast Cable and Joe Landon, Executive Director/Communications & Community Engagement, Collier County Public Schools. Sponsored by Commissioner Nance. E. Proclamation designating March 13-23, 2014 as the 38th Annual Collier County Fair and 4-H Show and Auction Days. To be accepted by Shannon Hubbell and Charles Brown of the Collier County Fair Board; Tish Roland, Trisha Aldridge and Marie Morris of the 4-H Association of Collier County; and 4-H youth participants. Sponsored by Commissioner Nance. F. Proclamation designating March 2014 as Florida Bicycle Month in Collier County. To be accepted by Patrick Ruff, Jane Cheffy, Karen Walters, Joe Bonness and Alan Ryker, Naples Pathways Coalition; Andy Robinson, Naples Velo Cycling Club; and Stacy Revay, Collier Transportation Page 3 March 11, 2014 Planning Project Manager. Sponsored by Commissioner Hiller. G. Proclamation designating March 16-22, 2014 as Sunshine Week in Collier County. To be accepted by Bob St. Cyr, Director of Community Outreach, Clerk of the Circuit Court, Collier County. Sponsored by Commissioner Henning. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for March 2014 to Purely You Spa. To be accepted by Jennifer Alvarez, Owner and CEO. B. Presentation of check from the Farm City Barbeque proceeds to the following youth program recipients: Collier County 4H Association, Youth Leadership CollierTM, Collier County Junior Deputy League and Collier County Key Clubs. To be presented by Sheriff Kevin Rambosk. 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the February 11, 2014 BCC meeting. Recommendation to consider approving the Bayshore/Thomasson Drive Subdistrict small-scale amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20120002382/CPSS-2013-1) [Companion to Petition PUDZA- PL20120002357, Agenda Item #9B] Page 4 March 11, 2014 B. This item has been continued from the February 11, 2014 BCC meeting: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2005-63, as amended, the Cirrus Pointe Residential Planned Unit Development (RPUD) which allows a maximum number of 108 residential dwelling units; by changing the name of the RPUD to Solstice RPUD; by revising the Master Plan; by deleting Exhibit B, the Water Management/Utility Plan; by deleting Exhibit C, the Location Map; by removing Statement of Compliance and Project Development Requirements; by adding a parking deviation; and by deleting and terminating the Affordable Housing Density Bonus Agreement. The subject property is located northeast of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida consisting of 9.92+/- acres; and by providing an effective date. (PUDZA-PL20120002357) [Companion to Petition PL20120002382/CPSS- 2013-1, Agenda Item #9A] 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation that the Board of County Commissioners direct the County Attorney to advertise a hearing to rescind Ordinance 85-02 and to return with a new Ordinance establishing a funding source to fund seawall repair and/or replacements community wide. (Commissioner Henning) 11. COUNTY MANAGER'S REPORT A. Recommendation to accept the Conservation Collier ten year financial plan and recommendations for the Conservation Collier Program and to provide direction regarding sunset of the Conservation Collier Land Acquisition Advisory Committee (CCLAAC). (Steve Carvell, Public Services Administrator) B. Recommendation to approve Change Order #5 to Contract #10-5541 with Paradise Advertising and Marketing, Inc. for up to an additional $1.5 million in media and production billing at a negotiated gross rate of 10% agency commission and authorize the Chairman to execute the Change Order and make a finding that this expenditure promotes tourism. (Jack Wert, Tourism Page 5 March 11, 2014 Director) C. Recommendation to approve a contract with TKW Consulting Engineers, Inc., in an amount not to exceed $1,429,676 under Request for Proposal No. 13-6020, "North County Water Reclamation Facility Electric Reliability and Mechanical Operations Upgrades," Project #73950. (Tom Chmelik, Planning and Project Management Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2013 and authorization to file the related State of Florida Annual Local Government Financial Report with the Department of Financial Services. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule. 16. CONSENT AGENDA - ALL MATTERS LISTED UNDER THIS ITEM ARE CONSIDERED TO BE ROUTINE AND ACTION WILL BE TAKEN BY ONE MOTION WITHOUT SEPARATE DISCUSSION OF EACH ITEM. IF DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, THAT ITEM(S) WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A. GROWTH MANAGEMENT DIVISION Page 6 March 11,2014 1) Recommendation to approve final acceptance of the water and sewer utility facilities for Cabreo at Mediterra, AR-11356, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the amount of$4,000 to the Project Engineer or the Developer's designated agent. 2) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$89,000 which was posted as a development guaranty for work associated with Maple Ridge at Ave Maria Phase 1 (PL20130000058). 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 Carrara at Talis Park, (Application Number PL20140000139) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Heritage Bay Vistas Subdivision according to the plat thereof recorded in Plat Book 50, Pages 33 through 42, and authorizing the release of the maintenance security. 5) Recommendation to recognize carryforward in the amount of $6,878.73 to the MPO Operating Fund (128) earned from the FY2012/13 Transportation Disadvantaged Planning Grant awarded by the Commission of the Transportation Disadvantaged (CTD) and received by the Collier Metropolitan Planning Organization (MPO) and authorize all necessary budget amendments. 6) Recommendation to adopt a Resolution granting a design variance that authorizes a speed limit increase from forty-five miles per hour (45 mph) to fifty miles per hour (50 mph) on Collier Boulevard from Davis Boulevard to US41. 7) Recommendation to approve the prioritization of five limerock roads for the purpose of limerock road conversion, from the Road Page 7 March 11, 2014 Maintenance Limerock Road Conversion Program (LRCP), Project #60128, in FY2014. 8) Recommendation to approve a proposal from Atkins North America, Inc. dated February 24, 2014 to provide analysis of the effect of storm events and beach renourishment projects to the Collier County coastline from 2005 to present day under Contract #13-6164, authorize budget amendment, authorize the County Manager or his designee to execute the work order for a not to exceed amount of $14,103 (Task 1 only), and make a finding that this expenditure promotes tourism. 9) Recommendation to award a construction contract to Quality Enterprises USA, Inc., for Request for Bid #08-5011 Northern Golden Gate Estates Culvert Installation Project, Project No. 60127 in the amount of$538,724.75. 10) Recommendation to approve a permit to conduct the annual Harvest Fest Carnival, on Friday, Saturday & Sunday March 28, 29 & 30, 2014 located at the Immokalee Airport, and to recommend waiver of the Surety Bond in the amount of$2,500 for the Harvest Fest Carnival. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Board of County Commissioners (BCC), as the Community Redevelopment Agency (CRA), approve the submittal of the attached Disaster Recovery Initiative (DRI) grant application to the Collier County Department of Housing, Human & Veterans Services (HHVS), seeking grant funding in the amount of$450,000 to support further implementation of the Immokalee Stormwater Master Plan. C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve, execute and record Satisfaction of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Page 8 March 11, 2014 D. PUBLIC SERVICES DIVISION 1) Recommendation to approve and authorize the Chairman to execute the Agreement to Furnish Food Service between Collier County and the District School Board to sponsor and operate the 2014 Summer Food Service Program (SFSP) at designated recreation camps with unitized meals provided by the School Board and authorize all necessary budget amendments. (Fiscal Impact $117,917) 2) Recommendation to approve a Substantial Amendment to the Community Development Block Grant FY2013-2014 Action Plan and a Subrecipient Agreement in the amount of$321,138 with Community Assisted and Supportive Living, Inc. (CASL) to acquire multi-family housing for persons with disabilities. 3) Recommendation to approve Amendment No. 2 to a memorandum of understanding between Housing, Human and Veteran Services and the Parks and Recreation Department; providing a time extension from March 1, 2014 to May 1, 2014 and incorporate program income requirements for the construction of the Immokalee South Park Community Center. 4) Recommendation to approve Amendment No. 2 to the Subrecipient Agreement with Catholic Charities of Collier County, Diocese of Venice, Inc., providing a time extension from March 11, 2014 to August 31, 2014 for the FY 12 Emergency Solutions Grant. 5) Recommendation to approve the sale of North Collier Regional Park concessions inventory to the Board approved concessionaire NASA Holdings of Miami, Inc. and donate any remaining unpurchased inventory to a not for profit. 6) Recommendation to approve a Victims Advocacy Organization grant application for the FY14 Adult Drug Court Discretionary Grant Program in the amount of$199,018.01 over two years from the U.S. Department of Justice, Bureau of Justice Assistance, and additional County grant management and fiscal agent support for the program and authorize staff to submit the application electronically. Page 9 March 11, 2014 7) Recommendation to approve Amendment#4 to the Developer Agreement with Habitat for Humanity of Collier County, Inc. for the Neighborhood Stabilization Program 3 (NSP3), to reflect HUD NSP closeout guidelines. 8) Recommendation to approve an agreement in the amount of$250,000 with the Agency for Health Care Administration (AHCA) and an agreement with Naples Community Hospital, Inc. (NCH) to participate in the Medicaid Low Income Pool Program, generating $21,250 in Federal matching funds that will provide additional health services for the citizens of Collier County. 9) Recommendation to approve an after-the-fact submission of a Letter of Intent to the Florida Department of Veterans' Affairs, indicating Collier County's intention to submit a Site Selection Criteria application to be considered for the location for the State's planned seventh State Veterans' Home. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to extend Contract #09-5260 for janitorial services to ABM Janitorial Services — Southwest, LLC (ABM), through August 31, 2014 or until the Board awards a new contract (whichever is sooner); and, approve the necessary budget amendments for processing payments which support the protest. 2) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. 3) Recommendation to approve the practice of providing an estimated project budget range in the construction project solicitation posting; and, whenever possible, to provide the average historical spend information on goods and services. 4) Recommendation to award Bid #13-6059R "Parts for Fleet Vehicles" to Uni-Select as the primary vendor with Sunbelt Automotive and The Parts House as secondary. Page 10 March 11, 2014 5) Recommendation to authorize the Chairman to sign a "Recommendation for Reappointment" of Dr. Marta U. Coburn as the District 20 Medical Examiner. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve Amendment #1 to Contract #13-6080 with Jack Rabbit Systems, Inc. to provide enhanced Book Direct consumer services by adding five new booking options, authorize the Chairman to execute the Amendment, and make a finding that this expenditure promotes tourism. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2013-14 Adopted Budget. 3) Recommendation to approve Tourist Development Council (TDC) Grant Application Forms for Category B and C-2 Grant Funding for FY 15 (October 1, 2014 - September 30, 2015), authorize the Tourism Director to work with a selection committee to review the grant applications prior to presentation to the TDC and make a finding that this item promotes tourism. 4) Recommendation to approve a report covering a budget amendment impacting reserves and moving funds in an amount up to and including $20,000. G. AIRPORT AUTHORITY 1) Recommendation to authorize the Chairman to execute the attached Resolution authorizing signature of Joint Participation Agreement (JPA) No. AR865 with the Florida Department of Transportation to accept an airport planning JPA offer in the amount of$44,000 to amend the Marco Shores Planned Unit Development (PUD) Project #33316, and to authorize associated budget amendments. H. BOARD OF COUNTY COMMISSIONERS Page 11 March 11, 2014 1) Appointment of member to the Ochopee Fire Control District Advisory Committee. 2) Appointment of member to the Historical/Archaeological Preservation Board. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Press Club Luncheon on February 27, 2014. The sum of$25 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of February 20, 2014 through February 26, 2014 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of February 27, 2014 through March 5, 2014 and for submission into the official records of the Board. 3) Recommendation to provide acceptance of the Sheriffs Office awarded FY2013 COPS Hiring Program grant. K. COUNTY ATTORNEY 1) Recommendation to waive competition pursuant to Section Eleven B 5 of the Purchasing Ordinance and approve an expenditure of $7,000.00 for mediation services for the firm Gaylord, Merlin, Ludovici and Diaz to settle pending eminent domain litigation. (Project Nos. 60171 and 51101) 2) Recommendation to approve a Final Judgment for Parcel Nos. 135RDUE and 135SE in the amount of$71,100 in the lawsuit styled Collier County v. Kaye Homes, Inc., et al., Case No. 10-2680-CA for the Collier Boulevard road improvement project. (Project No. 68056) Page 12 March 11, 2014 (Fiscal Impact $27,670) 3) Recommendation that the Board of County Commissioners rescinds its direction that the County Attorney work with the Clerk to obtain an Attorney General Opinion as to the legality of the La Peninsula MSBU Ordinance and instead directs the following: (1) That the La Peninsula Condominium Association pays the County in advance for the estimated costs to be incurred; (2) That these funds be held in Trust for La Peninsula Condominium Association in a separate fund and not be considered public moneys; (3) That until there is a judicial decision on the bond validation proceeding, all expenditures in connection with this MSBU be made out of these private funds; (4) That if additional moneys are needed, they come from the same source and be deposited in the same account; and (5) That if, and only if, there is a judicial decision arising out of a bond validation proceeding which upholds the legality of the ordinance and the financing, then at that point the moneys previously paid could be reimbursed to the Condominium Association as part of the financing. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Page 13 March 11, 2014 Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project known as Temple Citrus Grove RPUD to allow development of up to 512 single family dwelling units and/or two-family and duplex dwelling units on property located between Airport-Pulling Road and Livingston Road in Sections 1 and 12, Township 49 South, Range 25 East, Collier County, Florida, consisting of 132.68+/- acres; and by providing an effective date. [PUDZ-PL20120002779] B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district to allow up to 75 residential dwelling units and a clubhouse for a project to be known as The Lord's Way 30 Acre RPUD. The subject property is located on The Lord's Way on the east side of Collier Boulevard (CR 951) in Section 14, Township 50 South, Range 26 East, Collier County, Florida consisting of 30± acres; and by providing an effective date. (PUDZ-PL20130000827) C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20130002229, to disclaim, renounce and vacate the County and the public interest in a portion of the 40-foot drainage easement located in Block "B" of Immokalee Industrial Park, as recorded in Plat Book 14, Pages 7 and 8 of the public records of Collier County, Florida, in Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more specifically shown in Exhibit A, and to accept Petitioner's grant of two drainage easements to Page 14 March 11, 2014 replace the vacated drainage easement. D. Recommendation to adopt an Ordinance to be known as the Natural Gas Franchise Ordinance. E. Recommendation to adopt an amendment to Ordinance No. 1975-16, as amended, relating to the placement and presentation of matters on the official agenda. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 15 March 11, 2014 March 11, 2014 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN HENNING: Welcome to the March 11th, 2014 Board of County Commissioners meeting. If you would either turn off your cell phones or silence, it would be very helpful for today's meeting. County Manager, the invocation? Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE MR. OCHS: Yes, sir. The invocation this morning will be given by Pastor Michael Bannon from Crossroads Community Church of Naples. If everyone would please rise. PASTOR BANNON: Let's pray. Lord God, we thank you for blessing us with this beautiful place in which to live as we consider our fellow countrymen in other places suffering through a hard winter and here we enjoy sunshine and lovely temperatures, and we're grateful. We're grateful, Lord, as well for government. Thank you for providing it for us that we might live peaceful and good lives. And so I pray for our County Commissioners today that you would bless them with great wisdom and insight into the matters concerning us and that the decisions made today would bring honor to you. For ourselves as well, that we would be good citizens of this county and cooperative in the things that are going on, that a good sense of community and fellowship would be established here. So Lord God, we're asking that you would superintend this meeting for your great glory. Amen. CHAIRMAN HENNING: Now we'll do the Pledge of Allegiance. Page 2 March 11, 2014 (Pledge of Allegiance was recited in unison.) Item #2A TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EXPARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) — MOTION TO APPROVE THE REGULAR AND CONSENT AGENDA WITH THE CONTINUATION OF ITEM #9A AND ITEM #9B TO THE APRIL 8, 2014 BCC MEETING — APPROVED AND/OR ADOPTED W/CHANGES; MOTION TO APPROVE THE SUMMARY AGENDA - ADOPTED W/CHANGES CHAIRMAN HENNING: County Manager, would you walk us through today's change list. MR. OCHS: Yes, sir. Good morning, Mr. Chairman, members of the Board. These are your proposed agenda changes for the Board of County Commissioners' meeting of March 11th, 2014. The first proposed change is to continue Item 16.A.6 to the March 25th, 2014 BCC meeting. And that request is made by staff. The next proposed change is to continue Item 16.A.17 to the April 8th, 2014 BCC meeting. That change -- excuse me, that continuation is requested by Commissioner Nance. COMMISSIONER FIALA: Excuse me, just a moment, Leo. You said 16.A.17. You mean 16.A.7? MR. OCHS: I apologize, Commissioner. You're right, 16.A.7, thank you. The next proposed change is to move Item 16.K.3 from your County Attorney consent agenda to the County Attorney regular agenda to become Item 12.A. That is made at Commissioner Fiala's request. Page 3 March 11, 2014 The next proposed change is to continue Item 17.D to your April 8th, 2014 meeting. That request is made by the staff. We have two time certain items scheduled this morning, Commissioners. The first is Item 13.A at 10:00 a.m. That's the presentation of your consolidated annual financial report. And Item 11 .A is scheduled to be heard at 10:45 this morning. That's the report on the 10-year financial analysis of your Conservation Collier program. And we have a couple of reminders. Your court reporter is scheduled for breaks at 10:30 a.m. and 2:50 this afternoon, if required. Item 7 is your public comments. That should be heard no sooner than 1 :00 p.m. And then Items 8 and 9 are your advertised public hearings, to be heard no sooner than 1:30 p.m. And Mr. Chairman, with respect to your advertised public hearings you have, as previously directed by the Board, Items 9.A and 9.B listed on your agenda for hearing today. The last direction from the Board was to place that on this agenda pending the payment -- repayment of the $320,000 associated with this project. I don't believe that the staff is in receipt of that payment, so it's the Board's pleasure on how they would like to proceed at this point. CHAIRMAN HENNING: Crystal, has the Clerk received payment for -- MS. KINZEL: No, sir, we haven't received any payment to my knowledge to date. Thank you. CHAIRMAN HENNING: Okay. Well, what's the wishes of the Board? My preference is to continue it one more time. Commissioner Nance? COMMISSIONER NANCE: If that's a motion, sir, I would support it. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: I agree, I would support it also. CHAIRMAN HENNING: Commissioner Coyle? Page 4 March 11, 2014 COMMISSIONER COYLE: I would not. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: No. I would prefer to just take care of it now. Whatever the majority says. I'd like to hear from Rich. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I think you ought to hear it. At least it would provide you some opportunity to determine how you can best get paid. If you keep refusing to talk with the petitioner about this, you're never going to get paid. And I think we ought to get that money back and we ought to do everything we can to get it back. And that does not include just shutting down a petition. We should listen to it and see what can be worked out. CHAIRMAN HENNING: Okay. Well, I think it's going to cloud the issue. But Mr. Yovanovich, did you want to say something real quick? MR. YOVANOVICH: I'd like to get on the record our request and objection to a further continuance. I do not believe -- for the record, Rich Yovanovich, on behalf of the petitioner. By way of a brief recap, a grant was provided to another entity that ultimately made a sub-grant for the acquisition of this piece of property. The purpose of that acquisition was to provide affordable housing. The current PUD ordinance provides for affordable housing to be constructed on the property. There would be no reason to pay back the grant if the PUD amendment is denied, because affordable housing will be required to be provided on the property and will be provided on the property. Likewise, if the Board approves the PUD amendment, there is a mechanism -- and I won't get into great detail right now, but there is a mechanism by which the grant would be repaid and therefore the county would get its money back because affordable housing would not be provided. Page 5 March 11, 2014 I think it would be improper and probably unprecedented to require an applicant to pay money to have the right to have its petition heard other than application fees that are required to be paid. And that's frankly what position we're in right now where we can pay the money back, we could have our PUD amendment denied, and still be required to provide affordable housing. My client doesn't think that that's a position he should be put into and, frankly, will not be put into because if he's going to have to provide affordable housing, then you've gotten the benefit of the grant money. If he doesn't have to provide affordable housing, you'll get the money back. But to pay the $320,000 back and possibly have a PUD amendment denied where he has to provide the affordable housing anyway is not something that my client is interested in doing. We believe we have the right to be heard today, would like to be heard today, and that is our request. You can continue us and continue us and continue us, it will not result in my client paying the $320,000 back prior to being heard. And at some point my client will have to figure out what's in its best interest as to how to proceed, and that option probably will result in an affordable housing project going forward. And I've sent the letter explaining where the issue is regarding mortgages on the property and the like. We don't want to be in that position. We think we have a petition that is a win/win what the community wants, and with some minor tweaks that we're prepared to make during our hearing I think we'll even be better. So we request that we allowed to be heard today. And with that, I'll answer any questions you may have. CHAIRMAN HENNING: Who's first, Commissioner Hiller, Commissioner Fiala, Commissioner Coyle? COMMISSIONER FIALA: Why don't you start? COMMISSIONER HILLER: Thank you. Couple of things, Page 6 March 11, 2014 Rich. I have a hard time understanding how you can be representing this client when you represented the bank in this transaction. Didn't you represent Orion in the original closing of the acquisition of that property? MR. YOVANOVICH: To be honest with you, I haven't even looked back at that. But the current owner of the mortgage has engaged my services to work on this particular matter. COMMISSIONER HILLER: And who's that? So who do you represent? MR. YOVANOVICH: I represent the property owner as well as the mortgage holder. And I didn't bring my entire file up with me, but it's in the letter I submitted to you. COMMISSIONER HILLER: Well, I read the letter but I don't recall the mortgage holder. Who's the mortgage -- MR. YOVANOVICH: You want me to get my letter? I have it in back. COMMISSIONER HILLER: Just if you don't mind, just to refresh my memory. MR. KLATZKOW: Orion Bank was represented by Goodlette Coleman. COMMISSIONER HILLER: Yeah. And I believe Rich was the MR. KLATZKOW: A member of the firm. COMMISSIONER HILLER: Yeah, well he was I believe the attorney who did the closing on that. And the -- and I have a real concern about that. Because on that HUD statement the county's contribution was not reflected as a loan and should have been, because it was. I mean, it was -- MR. YOVANOVICH: Well, I mean, we can get into all the -- COMMISSIONER HILLER: I have a real concern about it. Because I'm not sure how you are in the position you're in before us in light of the fact that you represented Orion and were on the other side. Page 7 March 11, 2014 MR. YOVANOVICH: Well, again, let's get into that in a second, but let me just tell you who the current mortgage holder is. CHAIRMAN HENNING: I think the issue is, is whether we want to hear this petition today. MR. YOVANOVICH: It's South Naples Ventures, LLC. And frankly, if you think there's a conflict, that conflict, one, I don't think exists, but two, is a conflict that doesn't concern the Board of County Commissioners. The Board of County Commissioners is -- our firm, I did the original zoning for this property. My firm did represent Orion Bank. I doubt that I actually did the closing, it was probably one of my partners who actually did the closing, so that doesn't matter. I mean, my firm did. COMMISSIONER HILLER: We can talk about that after. But I just wanted that as -- MR. YOVANOVICH: I just wanted to make sure -- COMMISSIONER HILLER: -- I wanted some clarity on that. MR. YOVANOVICH: -- there's not any impropriety in my being here today and representing the current mortgage holder and the current property owner requesting this change. And I don't want to get into the details of who the loan was actually made to and what is of record regarding prom -- regarding a mortgage and a promissory note and who they benefit. COMMISSIONER HILLER: Well, you know, the concern I have is that the taxpayers of Collier County are out $320,000. HUD took $320,000 back basically by denying us those funds prospectively against what we expected to get. So I think the county has to be made whole. I mean, there's an obligation, either an obligation to give the county back the money or to perform. And, you know, the terms of repayment that you're proposing are just not acceptable. We need that money now. I mean, your proposal takes no -- takes time value of money totally out of the equation. You know, you're paying back far less than what's owed the taxpayers, and Page 8 March 11, 2014 that's just not acceptable. I think that you've basically, from what I can see, have two choices, and that is pay the money back that is owed the taxpayers of Collier County, or give the taxpayers the affordable homes that you committed to. MR. YOVANOVICH: And that is exactly what we're proposing to do. We're giving you the option to tell us to build the affordable housing that's currently zoned on the property or pay back the $320,000. Now, I will tell you, I have received not a single piece of correspondence from the county disputing the $320,000 amount. Not received any type of estoppel certificate saying we think the money is more than 320 -- COMMISSIONER HILLER: That's up to the County Attorney to address. MR. YOVANOVICH: I'm just telling you right now, that's the number I've -- this is the first I've heard about anything more than 320. I'll be prepared to address whatever you want to address. COMMISSIONER HILLER: It's not a request of more. But the repayment terms that you propose are giving -- is giving the county less than 320. MR. YOVANOVICH: Again, I can't have this discussion until I have a hearing on this. I have yet to receive any feedback other than the feedback we got from the Planning Commission regarding the repayment of the 320. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, I would really like to hear it just because I need to hear all sides of it. And if we -- they said that if they build the affordable housing they don't have to pay us back anyway. So I think we ought to be listening to the whole issue, hearing all sides of it and then make a decision. CHAIRMAN HENNING: Commissioner Coyle? Page 9 March 11, 2014 COMMISSIONER COYLE: Yeah, I think there's a very serious legal question here. You can't -- there's an intent to punish someone who did something that cost us to lose some affordable housing grant money. And while that might make some people feel good, it doesn't solve the problem. If we can solve the problem and get the money and/or the affordable housing, then that's the way we should do it. And the answer is very simple: Either let them -- I don't know that we need to let them proceed with their current zoning with affordable housing. They can go out and start doing that right now if they want to and they won't have to pay you a penny, because they will have performed under the original contract and built the affordable housing that was required. The other alternative is to not approve the affordable housing, take it out of the PUD, and have them pay us some amount of money in cash, whatever that is. CHAIRMAN HENNING: Okay, I think the issue is, is do we want to hear this petition today or not. COMMISSIONER COYLE: Well, I'm trying to explain to you why it makes sense to hear it. And if what you want to do is punish somebody, then what we can do is just continue to continue it, not talk to them, don't try to negotiate anything at all, wind up in court in a lawsuit, finally have the developer build the affordable housing and not pay us a penny. So it's a waste of time and I think we ought to cut to the chase and get it done. CHAIRMAN HENNING: Do you have any ex parte communication or any further changes to today's agenda? COMMISSIONER HILLER: Did you make a motion to continue this item? CHAIRMAN HENNING: Well, we're going to -- we're either going to approve today's agenda as amended by the change sheet or we're not. Page 10 March 11, 2014 MR. KLATZKOW: You have some registered speakers on other items, sir. CHAIRMAN HENNING: Oh, we do? Thank you. Well, we ought to hear those first. MR. MILLER: I have a registered speaker for 16.D.9, Larry Via. Can you come up to the podium, sir. COMMISSIONER NANCE: Mr. Chairman, I'd actually like to move 16.D.9 to the regular agenda. If this gentleman would like to speak now, that is fine, if he would like to -- if he has other business today that he would like to do, because it may be later in the day. But I would actually like to move that to the regular agenda. CHAIRMAN HENNING: Is that what you're asking, sir? MR. VIA: If I may, I would like to speak now. I'm Larry Via. I'm a 40-year resident of Collier County. I moved here from Sarasota in the early Seventies. I've been highly involved with the American Veterans of V.F.W. and the American Legion. I am currently vice commander of the national AMVETS. I made a long, hard drive yesterday from Washington D.C. because a colleague of mine had told me about this issue. I've been involved -- I was state commander and I was involved in all of the veterans homes in the State of Florida, including one that was built in St. Augustine where I did the dedication. This is a beautiful, well-kept facility. It is engineered and designed to fit in with the St. Augustine motif. I was also, as a national officer, involved in one in Pell City, Alabama. And again, these are all well staffed, well kept facilities. They will bring a lot of local employment, hopefully veterans, and I hope that you push for this VA home here in Collier County. CHAIRMAN HENNING: So you're in favor of the action today? MR. VIA: Absolutely. CHAIRMAN HENNING: Do you still want to move it to the Page 11 March 11, 2014 regular agenda? COMMISSIONER NANCE: Yes, sir. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: Is there a reason we need to move it? I mean, if everyone's in agreement it can be approved on consent, and we've already heard the speaker. COMMISSIONER NANCE: Commissioner Hiller, I want to talk very much more favorably about this agenda item. It's not -- I don't object to the agenda item, but I think it deserves a little more public comment -- CHAIRMAN HENNING: Which item would that be? COMMISSIONER NANCE: -- because it's such a good thing. COMMISSIONER HILLER: That's fine. MR. OCHS: Mr. Chairman, that's item -- for the record it's 16.D.9. It's a recommendation to approve submission of a letter of intent to the Florida Department of Veterans Affairs indicating Collier County's intention to submit a site selection criteria application to be considered -- CHAIRMAN HENNING: Which item will it be? MR. OCHS: Sorry, sir? CHAIRMAN HENNING: Which item will it be, 11 what? MR. OCHS: It will become 11.D on your agenda. CHAIRMAN HENNING: 11 .D. Thank you. Thank you, sir. MR. VIA: Please help employ veterans. Thank you. CHAIRMAN HENNING: Thanks for your service. MR. MILLER: Mr. Chairman, I did have one other registered speaker for a summary agenda item, 17.D. That item has been continued. I didn't know how you wanted to handle this. CHAIRMAN HENNING: No, it's being continued. MR. MILLER: Okay. CHAIRMAN HENNING: Where were we, ex parte Page 12 March 11, 2014 communications? And any further changes to today's agenda, Commissioner Coyle? COMMISSIONER COYLE: No, I don't have any other changes to today's agenda. And as far as ex parte disclosure is concerned, for item 16.A.3 on the consent, I met with Bruce Anderson on March 11th, 2013 (sic) to discuss this particular application. And on the summary agenda, 17.A, I have read the staff report. And on 17.B I have also read the staff report. I have no other disclosures. CHAIRMAN HENNING: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes, almost a ditto for me. I have no changes on the agenda. On the consent agenda, 16.A.3, I met with Bruce Anderson as well. On 17.A and 17.B, I have the staff report. CHAIRMAN HENNING: Any further changes? COMMISSIONER FIALA: No, sir. CHAIRMAN HENNING: On 17 -- I'm sorry, 17.A and 17.B, I received the staffs report. And I don't have any further changes. Commissioner Hiller? COMMISSIONER HILLER: Yes, on 16.A.3, I have no disclosures. On 17.A I've reviewed the staff report and had a call. At 17.B I reviewed the staff report. And 17.C, no disclosure. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: I have received the staff report on Item 17.A and 17.B. And no additional disclosure, Mr. Chairman. CHAIRMAN HENNING: Do you have any further changes to today's agenda? COMMISSIONER NANCE: No, sir. COMMISSIONER HILLER: I'd like a point of clarification before we vote on the agenda as amended. The change sheet looks to -- well, it doesn't address 9.B. Are you Page 13 March 11, 2014 CHAIRMAN HENNING: Do you want to make a motion? COMMISSIONER HILLER: Yeah, I'd like to make a motion to amend the regular agenda to continue 9.B. CHAIRMAN HENNING: Is that including your motion to approve the proposed changes by county -- COMMISSIONER HILLER: And to approve all the changes proposed by the County Manager this morning. CHAIRMAN HENNING: Is there a second to the -- MR. OCHS: Mr. Chairman, excuse me, 9.A is a companion item to 9.B. Commissioner, would you like to continue both? COMMISSIONER HILLER: Yes, both. I'll amend my motion to continue 9.A and 9.B and to accept the changes that you've presented this morning, County Manager. MR. KLATZKOW: And Ma'am, if you're going to continue 9.A and 9.B, do you want a date certain? You could either do March 25th or April 8th. COMMISSIONER HILLER: What do you recommend, County Attorney? MR. KLATZKOW: Either of those two days would be fine; otherwise we have to readvertise. COMMISSIONER HILLER: Well, let's do April 8th to give them time to work with you on this matter. MR. KLATZKOW: Okay. CHAIRMAN HENNING: Is there a second to the motion? COMMISSIONER NANCE: Second. CHAIRMAN HENNING: Motion and a second to approve today's agenda as amended. All in favor of the motion, signify by saying aye. Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? Page 14 March 11, 2014 COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: (Indicating.) CHAIRMAN HENNING: You oppose? COMMISSIONER FIALA: Uh-huh. CHAIRMAN HENNING: Motion is opposed by Commissioner Fiala and Commissioner Coyle. Okay, now we're done with that. 2.A is to approve -- no, we already did that. 2.B is -- COMMISSIONER HILLER: Or not 2.B. MR. KLATZKOW: May I interrupt? Have you approved the summary as well? CHAIRMAN HENNING: Pardon me? MR. KLATZKOW: Have you approved the summary as well? CHAIRMAN HENNING: Yes. Takes four votes? MR. KLATZKOW: Four votes on some of these items, sir. CHAIRMAN HENNING: Okay. Well, let's -- can we go through the summary agenda and receive a motion to approve today's summary agenda as stated in the agenda? COMMISSIONER NANCE: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Can we do that? MR. KLATZKOW: Yes. 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. Page 15 March 11, 2014 CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Anything else? (No response.) CHAIRMAN HENNING: Thank you for that correction. Page 16 Proposed Agenda Changes Board of County Commissioners Meeting March 11,2014 Continue Item 16A6 to the March 25,2014 BCC Meeting: Recommendation to adopt a Resolution granting a design variance that authorizes a speed limit increase from forty-five miles per hour(45 mph)to fifty miles per hour(50 mph) on Collier Boulevard from Davis Boulevard to US41. (Staff's request) Continue Item 16A7 to the April 8,2014 BCC Meeting: Recommendation to approve the prioritization of five limerock roads for the purpose of limerock road conversion,from the Road Maintenance Limerock Road Conversion Program (LRCP),Project 60128,in FY2014. (Commissioner Nance's request) Move Item 16K3 to Item 12A: Recommendation that the Board of County Commissioners rescinds its direction that the County Attorney work with the Clerk to obtain an Attorney General Opinion as to the legality of the La Peninsula MSBU Ordinance and instead directs the following: (1)That the La Peninsula Condominium Association pays the County in advance for the estimated costs to be incurred; (2)That these funds be held in Trust for La Peninsula Condominium Association in a separate fund and not be considered public moneys; (3)That until there is a judicial decision on the bond validation proceeding,all expenditures in connection with this MSBU be made out of these private funds; (4)That if additional moneys are needed,they come from the same source and be deposited in the same account; and (5) That if,and only if,there is a judicial decision arising out of a bond validation proceeding which upholds the legality of the ordinance and the financing,then at that point the moneys previously paid could be reimbursed to the Condominium Association as part of the financing. (Commissioner Fiala's request) Continue Item 17D to the April 8,2014 BCC Meeting: Recommendation to adopt an Ordinance to be known as the Natural Gas Franchise Ordinance. (Staff's request) Time Certain Items: Item 13A to be heard at 10:00 a.m. Item 11A to be heard at 10:45 a.m. 3/11/2014 8:40 AM March 11, 2014 Item #2B MINUTES FROM THE FEBRUARY 28, 2014 BCC/REGULAR MEETING — APPROVED AS PRESENTED CHAIRMAN HENNING: 2.B is approve February 11th, '14 BCC regular meeting. COMMISSIONER HILLER: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Hiller, 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: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Now we're going to do proclamations? Item #4 PROCLAMATIONS — ONE MOTION TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION RECOGNIZING MARCH 13, 2014 AS THE THREE MILLIONTH DIAPER CELEBRATION FOR BABY BASICS OF COLLIER COUNTY. ACCEPTED BY JEAN ANN LYNCH, FOUNDER AND BOARD PRESIDENT AND ESTHER Page 17 March 11, 2014 DANIEL GONZALEZ, VOLUNTEER — ADOPTED MR. OCHS: Yes, sir. Item 4.A is a proclamation recognizing March 13, 2014 as the Three Millionth Diaper Celebration for Baby Basics of Collier County. To be accepted by Jean Ann Lynch, Founder and Board President, and Esther Daniel Gonzalez, Volunteer. This item is sponsored by the entire Board of County Commissioners. If you'd step forward and receive your proclamation. (Applause.) MS. LYNCH: First of all, thank you to the commissioners for recognizing March 13th as the celebration of our Three Millionth Diaper presentation. We are a volunteer association; 100 percent of the association is all volunteers. We provide free diapers and kindness to children from low-income families in Immokalee and Naples. These families do not receive any federal assistance or state cash assistance. A hundred percent of the monies raised, unless earmarked by a donor, go directly for diapers. We were established 10 years ago with just 10 babies and today we have 345 babies. 97 percent of our families tell us that the money that they would have used for diapers is now used for food. So it's a great help to them. We have some thoughts if you -- we have given out 15,000 cases of diapers. If we stacked the cases end to end it would be 22 Empire State buildings. And three million diapers end to end would stretch to Nashville. We have impacted the lives of over 1,200 babies in Collier County and we are hopeful that by next year we hopefully will have 500 babies or so. So thank you to the Commissioners and thank you to everyone. (Applause.) Page 18 March 11, 2014 Item #4B PROCLAMATION DESIGNATING MARCH 15, 2014 AS SAVE THE FLORIDA PANTHER DAY IN COLLIER COUNTY. ACCEPTED BY TOM TROTTA, PRESIDENT AND AMBER CROOKS, SECRETARY, FRIENDS OF THE FLORIDA PANTHER REFUGE; AND KEVIN GODSEA, PROJECT LEADER, FLORIDA PANTHER NATIONAL WILDLIFE REFUGE — ADOPTED MR. OCHS: Item 4.B is a proclamation designating March 15, 2014 as Save the Florida Panther Day in Collier County. To be accepted by Tom Trotta, President, and Amber Crooks, Secretary, of the Friends of the Florida Panther Refuge. This item is sponsored by Commissioner Nance. (Applause.) MR. TROTTA: Thank you, Collier County Board of County Commissioners for proclaiming March 15th, 2014 Save the Florida Panther Day. The Florida panther is the official state animal of the State of Florida. And Collier County is a stronghold of the remaining remnant Florida panther population. To celebrate the day, the Florida Panther National Wildlife Refuge is holding an open house for all. This event is free. We invite the Commissioners to join us in our celebration. Why should we save this one species from extinction? Because not only the panther but ourselves that benefit. Biologists consider the panthers an indicator species as the coal mine canary of Southwest Florida wilderness. When panthers roam the land, we know that the land is healthy. We know that our swamps, our hammocks and our prairies are healthy, providing us with clean Page 19 March 11, 2014 water, fresh air and natural areas that enhance our very existence and provide economical and personal benefits. Thank you again. CHAIRMAN HENNING: Thank you. (Applause.) Item #4C PROCLAMATION TO HONOR AND CELEBRATE MARCO ISLAND FOR BEING NAMED THE #1 ISLAND IN THE USA AND THE #4 ISLAND IN THE WORLD BY TRIPADVISOR - TRAVELERS' CHOICE BEST ISLANDS 2014. ACCEPTED BY LARRY SACHER COUNCILMAN, CITY OF MARCO ISLAND; SANDI REIDMAN, MARCO ISLAND CHAMBER OF COMMERCE; RICK MEDWEDEFF, GENERAL MANAGER, MARCO ISLAND MARRIOTT; AND JACK WERT, EXECUTIVE DIRECTOR OF THE NAPLES, MARCO ISLAND, EVERGLADES CONVENTION AND VISITORS BUREAU — ADOPTED MR. OCHS: Item 4.0 is a proclamation to honor and celebrate Marco Island for being named the number one island in the U.S.A. and the number four island in the world by TripAdvisor- Travelers' Choice Best Islands 2014. To be accepted by Marco Island City Councilman Amadeo Petricca; Sandi Reidman, Marco Island Chamber of Commerce; Rick Medwedeff, General Manager, Marco Island Marriott; and Jack Wert, Executive Director of the Naples/Marco Island/Everglades Convention and Visitors Bureau. This item is sponsored by Commissioner Fiala. If you'd please step forward. (Applause.) MS. REIDMAN: On behalf of the Chamber and the City of Marco Island, we would like to -- we're very honored to receive this award. This award was voted on by travelers, so we're very proud that Page 20 March 11, 2014 they selected Marco Island as the number one island in the United States and number four in the world. So we are a friendly island. And on behalf of the businesses, we're very proud to accept this award. And thank you for giving us this proclamation. (Applause.) Item #4D PROCLAMATION DESIGNATING MARCH 4-18, 2014 AS COMCAST PUBLIC-PRIVATE PARTNERSHIP WEEKS IN COLLIER COUNTY IN RECOGNITION OF ITS TECHNOLOGY PROGRAM AND DONATION ASSISTING COLLIER COUNTY STUDENTS. ACCEPTED BY JUSTIN DAMIANO, GOVERNMENT & REGULATORY AFFAIRS COMCAST CABLE AND JOE LANDON, EXECUTIVE DIRECTOR/COMMUNICATIONS & COMMUNITY ENGAGEMENT, COLLIER COUNTY PUBLIC SCHOOLS — ADOPTED MR. OCHS: Item 4.D is a proclamation designating March 4th through March 18th, 2014 as Comcast Public-Private Partnership Weeks in Collier County, in recognition of its technology program and donation assisting Collier County students. To be accepted by Justin Damiano, Government and Regulatory Affairs, Comcast Cable; and Joe Landon, Executive Director/Communications and Community Engagement in Collier County Public Schools. This item is sponsored by Commissioner Nance. Please step forward. MR. DAMIANO: Hello. Thank you. It's an honor and pleasure to be here. I'm again Justin with Comcast. I'll promise, my remarks will be brief. Although at Comcast we have a two-hour appointment, we work in two-hour windows, so -- Page 21 March 11, 2014 On March 4th our company made an announcement from Washington D.C. listing the top school districts in the country in regards to their broadband -- their working with school districts and others to encourage broadband technology access. Collier County ranked first among school districts in the country of its size for enhancing broadband technology access for low income Americans. Internet Essentials, I'm sure you're probably familiar with it, but for the sake of everyone here I'll briefly describe the program. This is a program for families that are eligible under the National School Lunch Program for a free reduced lunch. They are also eligible for reduced internet from their service provider. Comcast was the first internet service provider to launch such a program as part of our NBC universal transaction to receive regulatory approval with FCC. We committed that we would run that program for three years as part of that transaction. On March 4th we announced that we are expanding the program indefinitely. And so we also announced some key metrics for the program. We connected 300,000 families or over a million Americans nationwide, low-income Americans that would otherwise have been disconnected. And so because Collier County is a leader in that effort, we've also announced that we'll be awarding $1 million in grants to gold medal school districts, or those school districts like Collier County who have done so well with encouraging broadband technology access in their communities. So we'll be over the coming months working with community-based organizations like Big Brothers/Big Sisters and Boys and Girls Club and Junior Achievement and the Education Foundation to identify where the needs are in this community to foster family-focused digital literacy training, as well as to further broadband technology access. And to further incentivize that, in addition to these grants we'll also be awarding six months complimentary internet service to any of Page 22 March 11, 2014 these eligible families who sign up for the program, as a way to further incentivize their Internet adoption. And frankly, I think we all know the power of the Internet. It's an amazing tool for parents to communicate with teachers, to search for jobs, to apply to college. It's an encyclopedia, library and tutor all rolled into one. And we really believe that those families that don't have Internet access are really placed at a disadvantage. So this proclamation, this great private-public partnership that we have I think will really make a difference for Collier County and those families, and so it's just a pleasure to be working alongside all of you and other members of this community. Thank you. CHAIRMAN HENNING: Commissioner Fiala has a comment. COMMISSIONER FIALA: Just a fast question. Thank you. It's a very, very good program and I'm sure the school system is delighted to be a major part of that. About the families who can't even afford a computer so Internet access wouldn't help them, is there any way that you're going to help them to obtain a computer? MR. DAMIANO: That's a great question. The FCC identified three barriers to broadband adoption, and one of those was actually not having a device capable of accessing the Internet. Thanks -- actually this is my colleague here, Paul (sic), but -- with the superintendent's office. Thanks to Superintendent Cam Patton, Collier County is not only the leader in broadband technology access, but also in school with their front-running Bring Your Own Device initiative and some of the other amazing technology initiatives that they're launching. It's no surprise that Collier County is a leader in the nation for that. And so to answer your question more directly, Comcast is making available computers for these families to purchase at $150, which is well below their retail value. They're getting essentially a $400 computer and we will pick up the additional cost of that. Page 23 March 11, 2014 My background actually is in economics. I'll talk a little bit about why we charge something for the service, the $10 a month Internet service, but also the cost of the computer. When people pay something for a device or Internet access, there's value to that. And by offering it completely for free, sometimes it diminishing its value. And so we wanted to offer -- essentially subsidize their computer access and make these computers available and to address one of those three barriers to broadband adoption. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yeah, I'd like to really commend and compliment you on what I will label philanthrocapitalism. This is a perfect example of your organization investing in the community in a very socially mindful manner, and in doing so promoting capitalism at the same time. I mean, you're going to bring these people to market and they will have opportunities to be major contributors hopefully in the future. So I really applaud you. And this is the way to do it. I mean, it's -- yeah, definitely. It's all about philanthrocapitalism. MR. DAMIANO: Well, thank you for making Collier County a great place to do business. Southwest Florida does have a local call center for Comcast; we answer calls locally. Our employees live and work in this community. And this is one of many programs that we foster to try and give back as a good corporate citizen, so thank you. CHAIRMAN HENNING: Thank you. MR. LANDON: And on behalf of the district, I'd just like to say that we place a great deal of emphasis on using technology to enhance student learning. And because of that, home connectivity is very important to us. And the affordable Internet service provided by Comcast goes a long way toward making that connectivity possible. So we thank Comcast and we thank the Board of Commissioners for this recognition. CHAIRMAN HENNING: Thank you. Page 24 March 11, 2014 (Applause.) Item #4E PROCLAMATION DESIGNATING MARCH 13-23, 2014 AS THE 38TH ANNUAL COLLIER COUNTY FAIR AND 4-H SHOW AND AUCTION DAYS. ACCEPTED BY SHANNON HUBBELL AND CHARLES BROWN OF THE COLLIER COUNTY FAIR BOARD; TISH ROLAND, TRISHA ALDRIDGE AND MARIE MORRIS OF THE 4-H ASSOCIATION OF COLLIER COUNTY; AND 4-H YOUTH PARTICIPANTS — ADOPTED MR. OCHS: Item 4.E is a proclamation designating March 13th through March 23rd, 2014 as the 38th Annual Collier County Fair and 4-H Show and Auction Days. To be accepted by Shannon Hubbell and Charles Brown of the Collier County Fair Board; Tish Roland, Trisha Aldridge and Marie Morris of the 4-H Association of Collier County and 4-H Youth Participants. And this item is sponsored by Commissioner Nance. (Applause.) MS. HUBBELL: Well, we'll keep this short and sweet here. But we thank you very much for thinking of this. And we thank the fair, because without the fair, the 4-Hers wouldn't have this opportunity to show their animals. And 4-H is a wonderful program throughout the county. We served 6,000 youth last year, and a big part of it is due to interacting activities like this. And we thank you very much for this proclamation. (Applause.) COMMISSIONER NANCE: Mr. Chairman, I'd like to just remind everybody in the audience and the Board that the ribbon-cutting ceremony for this year's fair, which is the 38th annual fair, is going to be held on Thursday, this coming Thursday, March Page 25 March 11, 2014 13th at 9:00 a.m. And just our thanks to the fair board and all the volunteers that have worked on this so hard for the last three decades, and just let everybody know that not only does the fair provide this entertainment and support for 4-H, but it's also provided funding for organizations like the Make A Wish Foundation, the American Cancer Society, the Humane Society, the Blood Mobile, Collier County Public Schools, the Harry Chapin Food Bank and their own foundation, the Life's Not Fair Foundation. So thank you so much for everything that you do. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yeah. And I absolutely agree with that. 4-H is an incredible organization, and in conjunction with the fair has done so much to help so many in the community. I just wanted everyone to take note that the 4-Hers here today are very appropriately dressed in the spirit of St. Patrick's Day, which is coming up, and they have -- I love, you know, the four-leaf clovers with the HH&H. But do you really know what a four-leaf clover stands for? Did you know that every leaf has symbolism? Did you know that? Well, I'm going to share with you: Faith, hope, love and luck. That's what you're about. (Applause.) CHAIRMAN HENNING: Thank you. Next proclamation. Item #4F PROCLAMATION DESIGNATING MARCH 2014 AS FLORIDA BICYCLE MONTH IN COLLIER COUNTY. ACCEPTED BY PATRICK RUFF, JANE CHEFFY, KAREN WALTERS, JOE BONNESS AND ALAN RYKER, NAPLES PATHWAYS COALITION; ANDY ROBINSON, NAPLES VELO CYCLING CLUB; AND STACY REVAY, COLLIER TRANSPORTATION Page 26 March 11, 2014 PLANNING PROJECT MANAGER — ADOPTED MR. OCHS: Item 4.F is a proclamation designating March, 2014 as Florida Bicycle Month in Collier County, to be accepted by Patrick Ruff, Jane Cheffy, Karen Walters, Joe Bonness and Alan Ryker from the Naples Pathway Coalition; Andy Robinson of the Naples Velo Cycling Club; and Stacy Revay, Collier Transportation Planning Project Manager. This item is sponsored by Commissioner Hiller. (Applause.) CHAIRMAN HENNING: Mr. Ruff, do you want to say a few words? MR. RUFF: Yes, I do. Thank you very much, County Commission, for proclaiming Florida Bicycle Month here in Collier County. It's a very important aspect to our daily lives. Incidentally, Kathy Faerber from our board is also here with us today, as well as Deborah Chesna. COMMISSIONER HILLER: And Bob Mulhere is here too. MR. RUFF: Bob Mulhere is -- COMMISSIONER HILLER: We know he cycles. MR. RUFF: I have a feeling there's a lot of cyclists in this group. And we certainly do have some of our membership behind us too. This past two months has been somewhat contentious in Naples unfortunately, but this opportunity brings us here to talk about future opportunities and goals. Florida does lead the nation in bicycling accidents amongst motorists and bicycling deaths, unfortunately, amongst motorists too. Collier County traditionally has trended below that statistic. However, in the last four or five years we're now trending to meet that statistic and we're seen statewide as one of the less desirable statistical counties right now relating to how motorists and bicyclists interact. So we're here to help take some of the energy of this and look Page 27 March 11, 2014 forward to this next year and put some new initiatives in place and bring a lot of awareness so that we can pull that trend back. The negative trend is obviously what we need to embrace right now and bring the statistics back in line with a safe and cohesive community to operate in. I left you a sheet, a package up there. And it's not to necessarily duplicate or emulate but to use as certain examples. Right now we have a wonderful initiative in Collier County with the recent adoption of the second five-year sidewalk and pathway plan. The City of Naples has also adopted their second five-year plan. Both of those were initiatives pushed by Naples Pathways Coalition. And we still stay very active in that advocacy work. There's also -- in the city there's an overlay district, the CRA plan amendment, which has brought an awful lot of mechanism into play also when you think of education and signage and just philosophies on providing a safer infrastructure. So I certainly hope that we can take some of the initiatives that I've presented in this package with other communities and embrace the initiatives that are in place and the mechanisms that are actually in place right now with real funding and we can get a cohesive plan between the city and the county to provide an interconnected network of signage, of striping, of maintenance that really does give the symbol that Collier County and the City of Naples is embracive of pedestrians, of cyclists and motorists all getting together in a safe manner on our infrastructure. So that's what our goal is this next year. And we certainly have always appreciated the respect that the Commission has given us in our work and we look forward to embracing that respect today and really implementing positive change so that we can get this education, get the actual infrastructure in place, get it maintained properly so we can all enjoy this wonderful county that is Collier County. So thank you very much for giving us the time today, and I Page 28 March 11, 2014 certainly do look forward to continue the good work with you folks. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you very much. Thank you for your words. You make excellent points and I think all of us on the Commission support what you're advocating for. I know staff is researching route options and that inter-connectivity with the city. It certainly is a quality of life enhancement for us here in Collier County. My family is very committed to cycling. As you know, my son cycles and my hallway now has three bikes in it. It's getting overrun. So, you know, it is a family sport, it is very attractive from the standpoint of sports tourism, and it's something that we want to see practiced in the safest way on all fronts. So thank you for your initiative and everything you're doing through the Coalition and through the other bike groups. And thanks for all of you who are here today who are working so hard for the cyclist community. And by the way, just -- I want to add one thing. I know a lot of you could not be here today because you actually have jobs. I know you guys are all just, you know, having a good time, but other guys out there are really working. So if you want this proclamation presented, I would be happy to do it. If you want to like meet at Fit and Fuel, I'd be happy to bring it forward to your membership so people know how our Board supports you. MR. RUFF: Okay. Well, I appreciate that. COMMISSIONER HILLER: Because I know you meet there for happy hour, right, after spending the whole day cycling. I'm just saying, you know. And by the way, that's a really great place. I mean -- MR. RUFF: Quality of life issue. COMMISSIONER HILLER: Yeah, it's a quality of life issue, Fit and Fuel. Page 29 March 11, 2014 CHAIRMAN HENNING: The most important part is education COMMISSIONER HILLER: Yeah, for sure. CHAIRMAN HENNING: -- of bicyclists, motorists and pedestrians on the shared facilities that we have in Collier County. It has to be a partnership between local government, state government and special interest. COMMISSIONER HILLER: Leo, can you put this on the overhead while Commissioner Henning is speaking, so people see what he's referring to. You can take my copy. Just the front page. CHAIRMAN HENNING: I'm referring to the initiative in -- not to that, but the initiative in the State of Florida for bicycle and pedestrian safety, headed up by District 1 Secretary, Transportation Secretary Billy Hattaway. COMMISSIONER HILLER: Who is a biker too. CHAIRMAN HENNING: So that's how we're really going to make a great community in the State of Florida is through education. MR. RUFF: It's true. And again, now that we've turned into leading the country in a statistic that we're really -- which we're not embracive in and nobody wants to be known as the deadliest state for cycling -- incidentally, we're all motorists every day, we're all cyclists most of the time when we choose, and we're all pedestrians at different times. And continuing education on just how to interact on the infrastructure and how to look out for each other is really where we have to gain some ground on. You know, if you really look at our infrastructure in Collier County, most of the roads have only been newly improved for five to eight years. I mean, there's a huge percentage of our infrastructure didn't exist seven or eight years ago. And that alone is just an education process of bringing online on how to interact. You know, all of a sudden you can get on your bike and go to Ave Maria. You know, you couldn't do that effectively seven or eight years ago. Page 30 March 11, 2014 Today you can do that. CHAIRMAN HENNING: Good, thank you. MR. RUFF: So it's important to get it all into the grid, and I certainly do appreciate the proclamation and we're going to continue the strong work. So thank you very much. CHAIRMAN HENNING: And our last proclamation? (Applause.) Item #4G PROCLAMATION DESIGNATING MARCH 16-22, 2014 AS SUNSHINE WEEK IN COLLIER COUNTY. ACCEPTED BY BOB ST. CYR, DIRECTOR OF COMMUNITY OUTREACH, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY — ADOPTED MR. OCHS: Item 4-G is a proclamation designating March 16th through March 22nd, 2014 as Sunshine Week in Collier County. To be accepted by Bob St. Cyr, Director of Community Outreach, Clerk of the Circuit Court, Collier County. This item is sponsored by Commissioner Henning. (Applause.) MR. ST. CYR: Commissioner Hiller would like to invite all of the Clerk's staff up here for a photograph. COMMISSIONER HILLER: Come on. You're all the ones making it possible. MR. ST. CYR: Thank you, Commissioners. For the past five years the office of the Clerk of Courts has promoted and the Board of County Commissioners has approved an official proclamation declaring Sunshine Week in Collier County. Sunshine Week, March 16th to the 22nd, coincides with the National Sunshine Week. And we certainly appreciate the Board's ongoing support for this important initiative. Page 31 March 11, 2014 The Sunshine Week proclamation serves as a reminder to citizens of their right to know what their government is doing, and their right to access and to inspect public records in keeping with Florida law. As the official keeper of public records in Collier County, the Clerk of Courts has made important steps forward over the past few years to increase the awareness about how citizens can access public records using collierclerk.com. More citizens than ever are now searching court, official land records and board minutes and records from the comfort of their homes, in part due to the success of our ongoing seminar series. We estimate that over 1,200 citizens have been attending these programs and have actually learned how to access the programs and the records from collierclerk.com. We are proud to promote Sunshine Week in collaboration with the Board of County Commissioners, and we look forward to continuing this collaboration in the years ahead. Thank you for the privilege of accepting this proclamation on behalf of the citizens of Collier County. (Applause.) CHAIRMAN HENNING: Entertain a motion to accept today's proclamations. COMMISSIONER HILLER: Motion to approve. 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: Opposed? Page 32 March 11, 2014 (No response.) CHAIRMAN HENNING: Nobody opposes. Let's get through the presentations before we go to the time certain. MR. OCHS: Very good, Mr. Chair. Item #5 PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR MARCH 2014 TO PURELY YOU SPA. ACCEPTED BY JENNIFER ALVAREZ, OWNER AND CEO — PRESENTED MR. OCHS: Item 5.A is a presentation of the Collier County Business of the Month for March, 2014 to Purely You Spa, to be accepted by Jennifer Linguidi, Owner and CEO. (Applause.) MS. ALVAREZ LINGUIDI: Jennifer Alvarez Linguidi with Purely You Spa. Thank you so much for this honor. I can't tell you how much it means to me and to our entire staff that we won this award today. It isn't about us, it isn't about only our customers, it is about Collier County as a whole. And we love to live in Collier County and we love to give back. And it is really amazing what you all do. And thank you for honoring us and thank you to the Chamber as well. And we just really look forward to continuing to help Collier County. So thank you again. Jennifer Alvarez. (Applause.) Item #5B PRESENTATION OF CHECK FROM THE FARM CITY Page 33 March 11, 2014 BARBEQUE PROCEEDS TO THE FOLLOWING YOUTH PROGRAM RECIPIENTS: COLLIER COUNTY 4H ASSOCIATION, YOUTH LEADERSHIP COLLIERTM, COLLIER COUNTY JUNIOR DEPUTY LEAGUE AND COLLIER COUNTY KEY CLUBS. PRESENTED BY SHERIFF KEVIN RAMBOSK MR. OCHS: Item 5.B is a presentation of check from the Farm City Barbeque proceeds to the following youth program recipients: Collier County 4-H Association, Youth Leadership Collier, Collier County Junior Deputy League, and Collier County Key Clubs. This is to be presented by Sheriff Kevin Rambosk. CHAIRMAN HENNING: You took the wrong way, Sheriff. Traffic. SHERIFF RAMBOSK: Good morning, Commissioners. Thank you for the opportunity to be here. You all know how important youth development is for Collier County. The 58th year of the Farm City Barbeque enables us to continue to support the effort of leadership, development and safety for our youth. You heard the groups that were involved. We have representation for each one of those groups. And this year with your help and that of the business community and residents, we are here to present the check in the amount of$46,400, the most that we have ever done to support youth activities. (Applause.) COMMISSIONER HILLER: And you all know that the reason they raised so much money is because of the Sheriffs secret recipe for seasoning the steak that he was grilling this year. I mean, that's it, right? We want to know what that is. The luck of the Irish? COMMISSIONER FIALA: Wasn't it fun seeing all the youth out there that day -- COMMISSIONER HILLER: That was awesome. COMMISSIONER FIALA: -- to help us? It was just great Page 34 March 11, 2014 seeing adults and youth working together. COMMISSIONER HILLER: It was such an incredible event. And Commissioner Fiala was there. In fact, I have a very cute picture I'll send to Leo that he can share of Commissioner Fiala, you know, working the lines. COMMISSIONER FIALA: You don't want to -- COMMISSIONER HILLER: And Commissioner Henning working away and Commissioner Nance. I mean, it was -- we were all there and we had a wonderful time helping out. It was a great, great, great event. CHAIRMAN HENNING: It was. COMMISSIONER HILLER: Immokalee salad was awesome. Steak was good. CHAIRMAN HENNING: Now we have a time certain. Item #13A PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2013 AND AUTHORIZATION TO FILE THE RELATED STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT WITH THE DEPARTMENT OF FINANCIAL SERVICES - MOTION TO ACCEPT THE REPORT AS PRESENTED AND STAFF TO WORK WITH THE CLERK'S OFFICE TO DEVELOP A SUMMARY STATEMENT EXPLAINING DEBT SERVICE MR. OCHS: Yes, sir. That is your 10:00 a.m. time certain hearing this morning. It's Item 13.A on your agenda. It's a presentation of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2013, and an authorization to file the related State of Florida Annual Local Government Financial Report Page 35 March 11, 2014 with the Department of Financial Services. And Ms. Crystal Kinzel, Director of Finance for the Clerk of Circuit Court, will begin the presentation. MS. KINZEL: Good morning, Commissioners. For the record, Crystal Kinzel, the Director of Finance and Accounting for the Clerk. And today we have another great news item for you. As you may recall, last summer we were put in a bit of a bind when the -- there was a threat of escalating audit costs beyond what we had programmed or budgeted. Working very closely with county purchasing department and following state statute, we went out with an RFP, selected a different audit firm and were successful in actually reducing the audit cost significantly, almost by half from what they were previously, and we're here on time. We were able to compress the audit schedule and accomplish what we needed to do, even in the face of that glitch in auditing. So we're here today with great news. For 27 years, Collier County's received the Certificate of Achievement in Excellence in Presentation of the Financial Report. We hope, and I'm very confident, that this year will be the 28th. We were celebrating -- in the 2013 fiscal year end of CAFR you'll see there's some historical pictures as this was Collier's 90th year, so we were celebrating a little bit of our history. And I'd like to thank Jennifer Milum and some of the other staff for the design of the cover; they were instrumental in preparing that. I'd also just like to take a very quick minute -- and I wrote down it feels like the Academy Award sometimes where you forget to thank all the right people. So first I'd like to take a minute and introduce all the finance manager and staff. They really weren't here for Sunshine Week. This is the group of finance staff-- COMMISSIONER HILLER: Redo the picture. Bring Bob up alone. I mean, just don't give him any credit for -- MS. KINZEL: I almost had to drag them here, Commissioner Page 36 March 11, 2014 Hiller. They do work behind the scenes tirelessly and faithfully to accomplish all that we need to do all year long, working with county staff. So with that, stand up. This is the audit and finance staff and managers that worked directly on the report that you have before you. (Applause.) MS. KINZEL: Now, of course it takes more than just our staff, so we would definitely like to thank the County Manager, Mark Isackson, all of the Office of Management and Budget, Sherry Pryor, works to coordinate the Office of Grant Compliance. They work very closely with us to get the single audit information coordinated. And as well as all of your department administrators. This year under this kind of a schedule we had exceptional cooperation to make this work. And so we're very, very thankful to everyone that participated. Last but not least, we'd like to thank the other constitutionals, their offices, their staff for coordinating their financial statements, which are also a part of your comprehensive Annual Financial Support. So without their work in each of their individually elected offices, we would not be able to meet our deadlines either. So we really appreciate this was a whole-hearted county-wide effort. So with that, I would like to introduce Martin Redovan, also known as Marty, as a principal with CliftonLarsonAllen. He's going to go over the presentation that you've been handed and brief you a little bit on the results of the financial audit for fiscal year 2013. At the end of today, as soon as this is accepted and approved by the Board, we will be posting it to the website so that all of the citizens in Collier County can review the presentation and get information about their county. So thank you. CHAIRMAN HENNING: Good morning. MR. REDOVAN: Good morning, Mr. Chairman, Commissioners. My name's Marty Redovan, and I was the Page 37 March 11, 2014 engagement partner from CliftonLarsonAllen that oversaw the audit this year. And I'd have to start by saying the same as Crystal, that we definitely appreciate and thank everyone at -- all the offices within the county that helped us have a successful audit and I think helped us get here on time. And even with a later start it worked out very well, and I would be remiss if I didn't thank them first. I'll try to keep my remarks brief. I was told that it was just an overview, so we're just going to keep it to that level, and we'll kind of start with an overview of the unassigned fund balance and the three-year trend analysis. And as you can see, the county over the last three years has maintained or increased its unassigned fund balance, which is favorable. And if you were to go to the Government Finance Office Association's best practices, they would recommend at a minimum, now it's a minimum, that the county would retain at least 17 percent in its unassigned fund balance. And that does take into consideration other things that the county should consider in the development of that. But at a minimum, 17 percent. So you're above the minimum and that's a favorable factor. When you compare Collier to Manatee and Sarasota, and there's two reasons why we picked Manatee and Sarasota, we believe they're comparable counties to a certain degree. I mean, no two counties are exactly the same, but they're close. And they also get their financial information out there so you have good information to compare it to. Now, when you look at that, you can look at the unassigned fund balance of Collier as compared to those two and it's kind of in the middle between the two of them. And again, each county's different in the way they do their budgeting and the way they do their fund balance, you know, assignments and unassign -- and unassigned. But nonetheless, I mean, favorable against your peers as well. This graphic deals with the debt per capita over the last three Page 38 March 11, 2014 years for Collier County. And as you can see kind of in the middle of the screen, or the slide, the governmental activities debt, meaning just general governmental debt, has been coming down over the last three years. As has the business type, meaning water, sewer and other things. Again, that's a favorable trend, reduction of your debt per capita, in the county. Now, when we compare it to Manatee and Sarasota, you can see that the governmental activities debt while coming down is still a little higher than those two counties, but right in the middle from the business type activity. So again, not out of line but the trend and the improvement as far as decreasing is going in the right direction and again comparable to those counties. That's a good factor as well. This is the overall engagement team that we brought out, is a list of very many folks, but that's how we got the engagement done, with the cooperation of everyone here at the county plus bringing in a strong governmental team to make sure that we hit your deadlines. We were engaged to perform the following services: Audit of the financial statements is obvious, you know. But then we get into deeper audits as far as evaluating compliance and internal controls with your federal grants and the state grants. That's all part of the scope of the audit. We have to deliver these reports under auditing standards. And again the independent auditor's report, report on internal control over financial reporting; compliance with grants that are directly material; a management letter that's required under rules of the Auditor General; and then a communication to you is governance. So a lot of reporting that goes along with the conclusion of the audit. So let's start off with the overall reporting, which is obviously the report card, if you will, for the audit. Number one, the independent auditor's report was an unmodified opinion, meaning that we had no modifications whatsoever to the Page 39 March 11, 2014 financial statements, the opinion on your financial statements for the county this year, which is the best we can render for you. The independent auditor's report on internal control, no material weaknesses or significant deficiencies reported. Again, very favorable. When we get into the single audit -- when we refer to the single audit, that's the grant auditing that we have to do, both federal and state. First off, there was an unmodified opinion on compliance, which is good. No material weaknesses noted; there were last year. One significant deficiency noted, okay, as compared to several last year. They had to do a timely expenditure requirement. And I think again we've been provided with corrective action plans for this year, going for '14, and we'll review those and make sure that those were enacted when we do the audit for '14. We had one finding of compliance that had to do with -- again I think it was the CDBG and the timely use of funds, and in essence from that regard the grantor agency reduced your grant funds by roughly $158,000 because we weren't timely in hitting the projects and drawing down the funds. There were seven findings last year. So seven findings in 2012. Corrective action was implemented on five of those findings, and partial corrective action was implemented on the remaining two. So quite a lot of work went into dealing with those findings, correcting those findings. And again, that's a short period of time when you figure that the audit was going on December, January, and there were corrective actions taken by September. That's pretty good. We had one management letter comment, which means it wasn't a significant deficiency or material weakness, just a management letter comment about improving the segregation of duties over time reporting internal controls. We had a few instances where data entry was reviewed by the Page 40 March 11, 2014 same person that did the data entry. It's not -- you know, it's not pervasive, it was a few instances where we noted it so we brought it forward, and again corrective action has been brought forward for that and we'll review that. Just a quick snapshot. As -- these were the comments last year. And again, you can see the corrective action and what remains on the other two. And I think your grant department has done an exceptional job to try to bring this together and clean it up and focus on it. And the cooperation was unbelievable trying to make sure that we got our work done and we were provided all the information. What I need to explain to you though real quick is every year the grants that we test differ. You know, we may have some of the same, but they do differ. We have to rotate under the rules of selection, okay. So we did that this year. We still went back on the grants that were tested last year that we didn't have to test this year to do that follow-up to find out what happened. And again that's reflected here. We'll do that again next year. But again, we'll get into a whole different level of grants potentially, which again means every department that has a grant is on notice that their grants may be picked for audit. And I know that your team is very cognizant of that and doing their best to make sure that, you know, the terms of the agreements are complied with. Couple of things that I need to report to you as governance. There were no difficulties encountered dealing with management at any aspect of the audit. We had one uncorrected misstatement. What that means is there was an adjustment that could have been made that wasn't made because of materiality issues. It had to do with the capitalization of interest to construction work in progress in your water and sewer fund. Again, not significant, but as a matter of standard I need to bring that to your attention. The other thing I wanted to mention to you is the adoption of new accounting pronouncements, GASB 62 and 63. Those were Page 41 March 11, 2014 effective this year. They do change your reporting. There's a note in the financial statement that discusses that. And the only reason why I really bring that to your attention is so you realize that it's just an implementation of a standard. It wasn't as if something was not done correctly or anything like that. So if somebody asks you, well, what does that mean, well, it just means that we -- there was a new standard out there and the county complied with it, implemented it and we have to report accordingly. So that's why I wanted to make sure you saw that. And then finally, there were no disagreements with management. Again, when I say management, I mean here at the county, at the Clerk's Office, the Sheriff, the Property Appraiser, Tax Collector, Supervisor of the Clerk of Court. I mean all Constitutional officers; the Board of County Commissioners and so forth. No disagreements anywhere within the county as far as the audit goes. And then finally, like I said at the beginning, we really do appreciate the cooperation that was given to us this year, and we look forward to serving you again this coming year. CHAIRMAN HENNING: Questions, comments? Commissioner Hiller, Commissioner Coyle. COMMISSIONER HILLER: Yeah, two comments. The first is, Marty, thank you very much for putting together a really nice CAFR. I had the opportunity to take a look at it and it's very well done. So we appreciate your and your staffs effort towards that end. I would like to compliment Leo and his staff for doing so much to take corrective action and fixing the problems with respect to grant compliance. I think the Board worked very hard with Leo to develop a direction to avoid the mishaps of the past from being able to reoccur again. And with new staff and new protocols and putting together for example the Victims Advocacy Coalition working with those organizations that had problems with grant administration in the past, I think we've come a long way, and it's really refreshing. Page 42 March 11, 2014 I said two remarks, I lied. Three. Crystal, Derrick, all of you, I mean, I just can't name everybody because I'm terrible at names. And I love you all and you're phenomenal and thank you for everything that you have done to ensure that we have internal controls in place so there aren't problems, and to ensure that the reporting is fair and accurate and legal and so transparent in the spirit of Sunshine that everyone in the community knows how their dollars are being spent by their government. So thank you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I'd just like to make an observation to which you might agree or disagree, but per capita comparisons with other counties are meaningless. The reason for that is that Collier County is unique in that it is -- has a very large land area. We have 80 percent preserved property here in Collier County, which is not income producing. When we have to build public infrastructure, it is far more expensive because we have to prepare more for mitigation for protected wildlife and plants and for stormwater controls. We probably have more bridges on our roads than anyone else in the State of Florida. It makes the maintenance of public infrastructure very, very expensive. And when you take that expense and spread it over a relatively small population, it is always going to provide a higher per capita cost than any other state. So I would hope that next time we look at more meaningful things like, for example, debt. What is our capability to service the debt, and what is our bondable revenues compared to the debt that we have. Those kinds of things are important, more so in my opinion than a comparison with other states that don't really -- other counties that don't really have the same issues that we have. MS. KINZEL: And Commissioner Coyle, thank you very much. One of the reasons that we include the comparisons of the other Page 43 March 11, 2014 counties is simply to follow prior Board direction regarding the same counties as we compare to in budget. But I wholeheartedly agree with you, some of those comparisons, unless you really get into apples to apples, they can be misleading. So we'll take a note. There is a debt section within the CAFR that I'd like to point out also that the public can find some of those ratios. But next year we'll perhaps monitor our reporting to you and give you some different information. COMMISSIONER COYLE: Yeah, I think if you go back to those ratios and you begin to look at those, you'll find that Collier County is in very, very good financial condition -- MS. KINZEL: Very good. COMMISSIONER COYLE: -- Vis-a-vis other counties in the state. And there's a good reason for that. So -- but when you present information that is debt per capita, it leaves people with an impression that we are charging our taxpayers too much money to support the infrastructure. MS. KINZEL: And that would be unintentional. It simply is following a prior format, and I agree with you. COMMISSIONER COYLE: Thank you. CHAIRMAN HENNING: Do -- MS. KINZEL: I do need a motion for acceptance, because of the COMMISSIONER HILLER: Motion to approve. CHAIRMAN HENNING: I understand. But we're -- COMMISSIONER HILLER: Motion to accept. CHAIRMAN HENNING: -- we're not done yet. I have a question. We have to report the debt in the CAFR? Is it a requirement? MR. REDOVAN: Yes. CHAIRMAN HENNING: Okay. Do we have to -- since there Page 44 March 11, 2014 are different formulas for debt within our budget, such as special assessments or special taxes by different groups and that, it's really not the county's debt, can we separate that out and report just the county's debt for infrastructure such as roads, water, sewer, things of that nature and not report the other? Because actually we're not paying for it. MR. REDOVAN: Well, any and all debt that the county's obligated for, literally obligated for, is in your financial statements. What's known as conduit debt, debt that the county sponsored but is not obligated for isn't in your financial statements, per se. There's a disclosure that's required. And as Crystal mentioned, in the back of the document in the statistical section there's really a lot of information about the different types of debt and it explains a lot more in detail than the notes of the financial statements do. CHAIRMAN HENNING: Can you take us to that? What page would that be? This is different than I'm used to over the years. The financial section? MR. REDOVAN: No, it's starting on around Page 143, and actually before that. It's in the statistical section. Yep. Do you have it, Derrick? MR. JOHNSSEN: Derrick Johnssen for the Clerk's Office. If you go to Page 146, sir, and that's where the statistical section starts. CHAIRMAN HENNING: Okay. MR. JOHNSSEN: And if you go to Page 160 you'll see some particular ratios related to debt. Page 161 probably even more clear. CHAIRMAN HENNING: Okay. Well, here's one example. CRA taxable. That CRA note, is that included in our total debt reported? MR. JOHNSSEN: Yes, sir, it is. CHAIRMAN HENNING: But that's a CRA; it's a separate Page 45 March 11, 2014 entity. MR. JOHNSSEN: Yes, sir, but that is a blended component unit of Collier County so we do have to include it. CHAIRMAN HENNING: What about the MSTUs, do we have to report that? MR. JOHNSSEN: Yes, sir, we do. CHAIRMAN HENNING: In our total debt? MR. JOHNSSEN: Yes. CHAIRMAN HENNING: Because we're obligated for it? MR. JOHNSSEN: Yes, sir. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you. I wanted to comment. I wanted to add to the comment about the per capita. I agree, it is very difficult but it is a measure that's typically used and that's why it's reported like that. But we as a Board recognize the importance of reducing our debt. And so this year as a consequence we are continuing through our budget guidance to request that staff reduce our obligations further. And we have an excellent plan to bring us what I think will be in a superior position compared to all the other counties per capita, notwithstanding the obstacles we face that are real. And I want to thank Mark Isackson, because it's with his help that we have been on this, you know, wonderful debt reduction trajectory. And we anticipate to reduce our outstanding debt by another -- and correct me if I'm wrong, Mark, another 300 million in the next five years or so, which is absolutely fantastic. Not to mention that we have refinanced the balance of the outstanding debt, taking full advantage of the current low interest rates. And as a consequence, you know, if you look back over the last five years, we have effectively reduced our debt service annually from about 80 million to 40 million, which is disproportionately more than the amount of debt that we have taken off our books, due to the combination of the Page 46 March 11, 2014 reduction overall debt plus the refinancing. So we're just getting stronger and better every single day and we're fiscally conservative and conscientious about doing business the right way for the taxpayers. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Let's go back to the MSTU issues. Derrick, you said that we were responsible for all of the debt of an MSTU? MR. JOHNSSEN: Sir, from a financial statement reporting process. COMMISSIONER COYLE: Who pays for it? MR. JOHNSSEN: The people in the MSTU. COMMISSIONER COYLE: That's right, not Collier County government. We don't write a check for that; is that right? COMMISSIONER HILLER: We do. MR. JOHNSSEN: Technically, sir, it is an MSTU of the county, so we do have to include it. The check does come from the proceeds. I clearly understand your point. COMMISSIONER COYLE: But it's paid by the people in the MSTU, it's not paid by the general fund of Collier County. MR. JOHNSSEN: No, sir, it's not. COMMISSIONER COYLE: Okay, we need to make a distinction about that, because that's a very important distinction. I understand why we would want to include a total debt for the entire county, but you have to make a distinction between what the government is responsible for paying directly and what really is conduit debt. MS. KINZEL: And Commissioner Coyle, we do make some of those distinctions. But remember, everything that's in the CAFR is prepared according to the standards and guidance that is required by the reviewing agencies and entities. But we could do different reporting in addition as a supplement to the Board that would help you Page 47 March 11, 2014 with some of those other how much are MSTUs, how much are CRAs. But the presentation in the reporting format that you see before you is pretty much put upon us by the GASB -- COMMISSIONER COYLE: I understand it's a cookie cutter concept, okay? MS. KINZEL: It's required. COMMISSIONER COYLE: I appreciate that, yes. And all I'm suggesting to you is that we must deal with it realistically. We cannot have people running around saying we are responsible for that debt, because that is not true. We are not responsible for it, we never have been responsible for it. That debt is secured by the property of the people in the MSTU itself, not by the general fund revenues of Collier County. And that's a very, very big distinction, okay? CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, Commissioner Coyle, I agree 100 percent. Because that seems to be an issue of some dispute at this time, I would appreciate going forward if we at least have some sort of an attachment that does provide some sort of usable analysis where somebody can understand clearly what the county taxpayers as a whole are obligated for and what our individual taxing special districts that have been established are responsible for, so it's clear and people can understand it. CHAIRMAN HENNING: Well, the only reason I brought it up, it was stated in the recent past meeting that that's not included into our debt. That's why I wanted that clarification. So it is included in our total debt. That's what financial agencies look at is our total debt. And unless we can legally separate it out, it's reported in our total debt. MR. REDOVAN: If I could, and again, understand everything you say. I think part of it too though is on -- when you look at the notes to the financial statements, and again, like Crystal mentioned, Page 48 March 11, 2014 we are required under the framework to report the debt that overall the county has either authorized either through MSTU, CRA or otherwise, so we've got that. And it doesn't help the discussion much, but when you look at Page 57 and you look at the description of the notes, it does say what the pledged revenues are, so there is a description. For instance, the MSTU for the Radio Road East Municipal Service Taxing is collateralized by the limited ad valorem pledge of up to five mills. That was what was enacted by the Board years ago. The same with the CRA, it talks about the fact that the pledged revenue is coming from the Bayshore/Gateway Community Development District. So I understand what you're saying, there's disclosures in here. But it would take someone the knowledge and the time to find it, and I understand that. COMMISSIONER HILLER: And just -- CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. So is there a way for you then, as you summarize, to pull those things out? Like the amount of land that we're talking about in Collier County that pays no tax whatsoever, and so that you get a fairer picture of that, and same with the MSTUs and so forth, so that people understand what the base really is? MR. REDOVAN: I would -- my first answer is that I'm not sure we can in the framework of this document, because the requirements of what has to go in and how it has to be reported. That might be another document that you would work through with Mr. Isackson and Crystal to come up with that document for you. But the Comprehensive Annual Finance Report is fairly rigid on what can be included and how it should be reported. COMMISSIONER FIALA: Okay, that's good -- CHAIRMAN HENNING: Commissioner Hiller? Page 49 March 11, 2014 COMMISSIONER FIALA: -- but you can come up with those pages even if it's not included in the report, because it's not required, but you can still come up with that so that we get a more accurate picture of what we're -- MR. REDOVAN: I can't speak for county staff but I would say that that would be something we can all discuss and come up with the answer for you to say what can we do to meet the needs of you as the Commissioners that is outside of this that frames it the way you'd like it framed. CHAIRMAN HENNING: Commissioner Hiller and Commissioner Coyle. COMMISSIONER HILLER: And you're absolutely right, Marty, you can't change what's in this report. It has to be presented as you've presented it. But we most certainly can do something supplemental that you could help us develop. There are other counties that have in effect a summary financial disclosure which is done intentionally to make it easy for the public. Because, you know, the financial professionals that would look to the CAFR know to look to those notes, clearly understand, you know, how governmental debt is reported and so they will appreciate what a lay person doesn't appreciate and could readily find it in the CAFR. I believe Tallahassee -- and I was actually looking into this. I think Tallahassee issues or Leon County issues, you know, that summary report for the benefit of the public. And I think that is something that we should do, that the public, you know, every year has the snapshot that gives them, you know, that level of financial understanding that they need to have to be comfortable with how their tax dollars are being spent. It's a new trend and I think it's a good one. It promotes transparency and understanding among the public. So I think we as a Board should direct staff to work with the Clerk's Office and the -- outside our external auditors to develop that Page 50 March 11, 2014 summary statement that would bring forward the kind of information that all of us at the Board would like to see presented. CHAIRMAN HENNING: Do you want to include in your motion to -- COMMISSIONER HILLER: Yes. CHAIRMAN HENNING: -- accept the CAFR as submitted? COMMISSIONER HILLER: Yes. COMMISSIONER FIALA: I second that motion. CHAIRMAN HENNING: Seconded by Commissioner Fiala. Commissioner Coyle? COMMISSIONER COYLE: Just one final comment. I think that the use of footnotes would possibly help a little bit, but very few people really look at the footnotes or they don't understand what they mean anyway. So I think a separate document that is relatively simple that says here's what Collier County government has to pay every year for debt service, and to whom; here's what individual communities have voluntarily asked to pay for their own communities. And then that's it. That's relatively simple. Because we have a lot of communities here who say I'm not happy with the landscaping you've done on the streets in front of our communities, we want it better than that. And we say okay, if you want it better than that, are you willing to pay for it? And they say yes, we want to pay for it. Okay, that's yours debt, that's not Collier County's debt. It doesn't affect any other taxpayer in the county. People should have the right to do those kinds of things. And if they are discouraged from doing them because you're trying to make it look like it is imposing a debt on all the other citizens of Collier County, you are essentially denying those communities their right to do things for themselves. And individual initiative is something we should be encouraging people to do, not discouraging them from doing it. So it really would be good to have that supplemental document. Page 51 March 11, 2014 One final question. How do you include the debt service payments for those MSTUs, MSBUs? Do you include them in our debt service payments or are they separate? MR. JOHNSSEN: No, sir, they're in your debt service payments, but they're there in a separate fund. COMMISSIONER COYLE: Okay. But they're included in our overall debt service payments; that -- MR. JOHNSSEN: Yes, sir, they are. COMMISSIONER COYLE: Mark, do you have something to say about that? MR. ISACKSON: I do. COMMISSIONER COYLE: Okay. MR. ISACKSON: Mark Isackson for the record. Remember the governmental debt to bond of a revenue ratio you were talking about, sir? COMMISSIONER COYLE: Yes. MR. ISACKSON: The MSTUs are not included in that. COMMISSIONER COYLE: Okay, that's what I wanted to make sure. Okay. So we're at nine percent of the 13 percent -- MR. ISACKSON: 9.4. COMMISSIONER COYLE: 9.4 percent of the 13 percent maximum. So we're in good shape. MR. OCHS: Commissioners, you can see on the bottom of that page your ratio that you're just referring to -- COMMISSIONER COYLE: Yes. MR. OCHS: -- on your general governmental debt. I apologize, it's so small. But for the audience it's 9.4 percent. COMMISSIONER COYLE: So when we're doing our total governmental debt service requirements, those payments by MSTUs are not included in that. And that's a very, very important distinction, okay? That's good, thank you. Page 52 March 11, 2014 CHAIRMAN HENNING: No further comments, questions? (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: Opposed? (No response.) CHAIRMAN HENNING: Motion carries. Thank you. We're going to take a 10-minute break, be back at 10:15. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN HENNING: Okay, we have a time certain at 10:45. Item #1 1 A CONSERVATION COLLIER TEN YEAR FINANCIAL PLAN AND RECOMMENDATIONS FOR THE CONSERVATION COLLIER PROGRAM AND TO PROVIDE DIRECTION REGARDING SUNSET OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE (CCLAAC) - MOTION TO CONTINUE THE ADVISORY COMMITTEE FOR THE PURPOSE OF MANAGING PRESERVE LANDS WITH MEETINGS HELD AS NEEDED, COUNTY MANAGER TO RESEARCH AND EVALUATE THE GORDON RIVER GREENWAY PARCEL WITH RECOMMENDATIONS BROUGHT BACK TO THE BOARD AND COUNTY ATTORNEY Page 53 March 11, 2014 TO ADVERTISE AN AMENDMENT TO THE ORDINANCE — APPROVED; MOTION REQUESTING STAFF TO CLEANUP AND RECONCILE THE PHU, GET A CLEAR BASELINE ASSUMPTION, HAVE A CLEAR MANAGEMENT PLAN AND MAINTENANCE COSTS FOR THE PROPERTIES, WITH A CLEARER 10 YEAR FINANCIAL OUTLOOK — APPROVED MR. OCHS: Yes, sir, you do. That is Item 11 .A this morning. It's a recommendation to accept the Conservation Collier 10-year financial plan and recommendations from the Conservation Collier program and to provide directions regarding sunset of the Conservation Collier Land Acquisition Advisory Committee. Mr. Steve Camel!, your Public Services Administrator, will present. CHAIRMAN HENNING: Mr. Camel!? MR. CARNELL: Good morning, Mr. Chairman and members of the Board. We're going to take a moment this morning and update you on what was discussed at the November workshop of the Board regarding the future status of Conservation Collier. As you know, this program has been a pretty significant environmental preservation program that began some 12 years ago, and we spent a great deal of time and effort through our friends and contacts with our Land Acquisition Advisory Committee building this program and spent an awful lot of time on environmental acquisition over the years. Today we're going to be talking about instead of land preservation, financial preservation, specifically the future financially of this program. We've been, as you know, through a recession, and that recession had some major financial hits on this program with regard to projections and understanding of where our revenues and expenses would be in the future. And we've really been addressing that Page 54 March 11, 2014 incrementally since 2010. And today we want to talk to you about that a little more comprehensively and talk about additional recommendations that we have moving forward regarding curtailing and controlling our expenses. And we also want to talk about the future relationship of our Land Acquisition Advisory Committee, which staff believes is, under the ordinance, that's due for sunsetting. But we do want to talk about that relationship as we've had a very vital and helpful constructive role and relationship with them. Quickly I'm going to take you through a 10-year picture. We have played around with numbers on this and worked and diced and sliced them in detail out many years, but really felt like going much beyond 10 years we couldn't really give you anything with any great confidence. So what you see here is a very high level summary of where the fund is right now and where we think it's going to go over the next 10 years. And you have two columns in front of you. You have a kind of five-year projection and a 10-year projection. And we've made that break, because the five-year projection does include some ongoing projects and amenities, improvements being added throughout the properties; one of the most significant ones being of course the Gordon River Greenway construction project due to finish in the fall of 2014. So if you look at the left-hand column through year five you'll see that we have the fund balance starting at a little over $37 million, and we have significant expenditures again in that capital improvement line, operating maintenance cost as we continue to carry out the management plans for the 19 different sites in the program. And at year five you see the balance going from 37.2 million to just a hair under $33 million. And we also during that time will be setting escrow funds aside for the Caracara Preserve in terms of perpetual maintenance of that property, based on the mitigation credits we'll be receiving through the Page 55 March 11, 2014 Solid Waste Department. And then you'll see at the end of year five we decline. The balance of the fund has declined a little over $4 million. And then if you go into the second column, which is a cumulative 10-year list, it includes the first five years and works in the second five years, you'll see that the fund balance actually inches up a very small amount of numbers. And what you glean from this in simple terms is that we are going to spend down some funds over the next five years, but we project being able to flatten out the fund balance in the second five years. And I'll give you a little more detail on that in this next slide. This is what we refer to as the steady state, which is the point where really all the properties are fully developed, all the amenities are fully in place and all the amenities are in place and maintenance has been stabilized. And that we anticipate will occur around 2022 or be the ninth year of this 10-year discussion we're having. And if you'll look there, you'll see at that point in time the -- through the first five years in that left-hand column we've averaged reduction of about $845,000 on the fund. That's through the first five years, average annual reduction of about $845,000. In the second five years we're essentially breaking even. There's actually a small surplus of about almost $11,000. Now, this is all predicated on assumptions. We're making assumptions on interest rates very conservatively of anywhere from .5 percent to two percent over that 10-year period. And we've escalated those over the 10-year period in incremental amounts to not overestimate our position. But at the moment what we're telling you in a nutshell is that we believe the fund will be able to stabilize in the early 20's, and from that point on we'll be able to hold serve, if you will, against our ongoing maintenance expenses, based on the current level of service. Page 56 March 11, 2014 So in short we believe we can hold the current level of service beyond 2023 in perpetuity. Of course that's predicated on a number of factors with regards to expenses and revenues. This assumes no additional capital projects or level of services, and no additional level of service beyond what's contemplated over the next five years primarily. And I will review that that five-year plan does include the construction of the Gordon River Greenway, it includes also $645,000 towards the construction of a bridge across the Gordon River that would link the new park that the City of Naples is building to the south end of the Greenway property. And that's budgeted for 2018. There's another variable in all this which is in between that bridge and the projected closure point of the Greenway project property now is a property that's owned by Collier Corporation that Ellie Krier, Friend of the program and part of the Southwest Florida Preservation Land Trust, has been in discussion with the Colliers and has an offer from the Colliers to sell the property in the amount of $400,000. If you have any questions on the details of that, Ellie I'm sure can address it. We have received $103,000 in mitigation monies from an adjoining property owner. And if you put those two together, you have about 200 -- almost a $300,000 negative hit on the fund that is not accounted for in these projections. If there's interest in pursuing that, and staff thinks it's a good idea to acquire that property, our recommendation would be that we would forestall the budgeting of the bridge in 2018. There's $465,000 there. And you can take $300,000 out of that so that we can buy this property sooner and complete the footprint on the east side of the Gordon River, if you will, and then we could look down the road for other opportunities to fund that bridge in future years. But we'll -- that segues into the point that we will need to continue to look for opportunities to synergize with other programs, Page 57 March 11, 2014 other land holding programs out there and obviously grant opportunities for future development of sites. Another important factor, and I want to put this in your mind but I have to tell you, I have to be a little nebulous about it, because we really haven't ironed out the detail. But a very important consideration in all this in terms of managing our operating expenses is something that the County Manager really commissioned back in 2012 when he reorganized his divisions and he strategically placed Conservation Collier within the Parks and Recreation Department. His intentions there were that he knew that as we approached build-out -- that's the wrong word to use in environmental preservation property -- full development of the amenities, if you will, that we would be moving into an operational mode and it would make sense to look for synergistic connection between parks programs and what Conservation Collier is doing. And we have some things in mind. And our budget projections include some assumptions about moving staff positions out of the Conservation Collier. In some cases we'll eliminate them, in some cases we'll move them into Parks and Recreation. We don't have absolute specific firm dates on when all of that will happen. We have projections that it will happen over the five-year period. That will be subject to change year-to-year in the annual budget, but obviously it will be managed in a way in which the solvency of the Conservation Collier fund will be sustained each year. So that's an important consideration. And I think there's going to be a winner there in the long run in terms of really being able to find some economies of scale and efficiency if we merge Parks and Rec and Conservation Collier even more so than they are now. So with that, I wanted to also reference our ordinance that I just touched on briefly. There's been discussion previously. The ordinance formulated and called for the Advisory Committee to assist with the acquisition process. Page 58 March 11, 2014 The staff view on this is that the acquisition process is effectively done. There may be a couple of small properties that we buy to add to different locations along the way. But we don't have the kind of the grind that we had for so many years where we were actively searching for property, and we were convening our advisory committee to help us with that, of which they provided tremendous assistance. So we're at a point where from a staff perspective we believe that the ordinance calls for the sunsetting of the committee when the acquisition phase is done, and that's where we believe we're at. The Advisory Committee members don't believe it's in the best interest of the citizens to sunset the committee. I think they'd like to talk to you briefly about some alternative ideas they have to that. I think they understand that the committee would not continue to function the way it has and the role would need to change, and I'd like you to hear from them on what their ideas are with that. With that I'll answer some initial questions and then let's hear from your speakers. CHAIRMAN HENNING: Okay, Commissioner Fiala was first, Commissioner Hiller and Commissioner Nance. COMMISSIONER FIALA: Yes, I really don't have any questions for you. As I studied this, I carefully read the letter from Bill Poteet and marked it all up and everything to see what points he was making. I've carefully watched their progress. And I'm very, very pleased with all that they have done. I would hate to ever see us lose that land; I would hate to see us give it away. I think it's an important part of our community. And we must keep it, we must preserve it. And I'm sure that we'll find the ways to do that continuously. But what I think now is I think we need to keep that committee intact. Even if they meet just a couple times a year, just for advice, if nothing else. If there's some important projects that come up or how to spend the dollars, what's -- how can they best be used, what animals Page 59 March 11, 2014 need to be preserved, what plant life needs to be preserved, what water sources do we need to reach out and make sure are totally preserved as well. So I would hate to see us lose that committee. And isn't it funny, there's 11 of them on that committee, and nobody wants to leave. And they're not getting paid a thing. They're ready to do all the work as required and they're just volunteering their services. I think that's admirable in itself. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yeah, and I would agree. My perspective is similar to Commissioner Fiala's. I did not mark up Bill's letter like that. In fact, when I looked over and saw how Commissioner Fiala marked it up, I was afraid she was going to say you got a D, because there were like so many, you know, underscores, red lines and comments. But as it turns out, you got an A, so it's the unintended positive consequence of her review. But seriously, I think what we ought to do is relabel the committee and label it, you know, the management advisory committee and have the committee meet as needed by request to the County Manager and let the committee come to the County Manager and say, you know, we feel the need to meet because we have this issue that we want to work on and address, and allow for a cooperative spirit between staff and that committee to deal with what needs to be done. One thing we don't want to do is to mandate that the committee must meet so many times a year and it turn out that there's really no need for as many times, or maybe there are more times that are needed, and have some flexibility in the process to allow the community to work with the County Manager to agree when you want to meet, what resources you need to work on whatever project you have in front of you at a point in time. So I know we have speakers on this, but I would preliminarily like to make a motion that we amend the ordinance -- that we direct Page 60 March 11, 2014 the County Manager to amend the ordinance to come back with a redefinition of what this committee does and, you know, how they will meet based on what I just described. COMMISSIONER FIALA: I'll second your motion and I like the idea of management. We could call it land management advisory COMMISSIONER HILLER: Yeah, or preservation management advisory committee, you know, in keeping the spirit of-- CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER HILLER: -- that alive. COMMISSIONER NANCE: Yes, Mr. Chairman, I'm going to speak to this a little bit different, because I think we're at a very important juncture with Conservation Collier. I think we're really entering a very different phase of this project. And this is being proposed today as a 10-year financial plan. So actually what I want to do with your indulgence to the audience and the Board is I want to speak to a little bit about what this 10-year financial plan says and some of the concerns I have about it so that we can go forward and ensure that Conservation Collier is healthy and that it's operating and doing everything that we said it was going to do and everything that we hoped for. But I just want to go through a few things that I observed by looking at these numbers, because I am a numbers guy and I want to just bring a few things to the attention. I looked with a great interest on how this 10-year financial plan and the presentation that the Board received today differs from what the Advisory Committee presented as an intermediate financial projection on the 7th of January. One of the things that's an obvious omission in what's being presented to the Board today as a treatment of the perpetual escrow funding that's required for restoration work required under the Mitigation Credit Agreement with U.S. Fish and Wildlife Service and Page 61 March 11, 2014 what that does to this fund over the next 10 years. And basically what it does is Mr. Carnell had it on a couple of his slides here, but what's not present in this presentation and certainly should be are the payments totaling $5,887,000 which we have to place in a single purpose escrow fund for the perpetual maintenance of these panther habitat units which we claim we're going to sever. That is important. Why is that important? Because what it does is it effectively reduces at the end of 10 years the fund balance from $37 million to $27 million. That's a 25 percent reduction of the fund balance in the first 10 years of the life of this perpetual Conservation Collier program. Where I come from, perpetual means forever. I have a little anxiety when we have so much front-loaded spending in the first five years that we reduce our fund balance in the first 10 by 25 percent, or nearly $10 million. I think some of the weaknesses in this financial plan -- and I'm going to suggest that we do some more work on it. I think it's very front-loaded, as Mr. Carnell indicated. As a matter of fact, the loss, as presented in this plan, occurs in the first five years. There's a loss of over $4 million to the fund balance in the first five years. What does that mean? That means that our financial plan calls for us to spend money upfront and find savings later. That's always risky because I think everybody would admit that the financial situation that we find ourselves in, the financial situation that we find ourselves in, the financial position, is not as strong as we would like. So I think it deserves extra work. I believe quite possibly that costs are understated in here. I don't think the fully-loaded cost of some of the maintenance is what it should be. As a matter of fact, if you go to the right edge and you do a little bit of calculations with one of your little $9.00 calculators, you'll see that out of the total expenditures and uses reported in this first table, $10,698,000, 42 percent of that money is in staff administrative and Page 62 March 11, 2014 overhead. 42 percent. Only 30 percent of those expenditures are designated as preserve maintenance expenditures. That's the phase we're supposed to be in here. And only 28 percent of those are in improvements. And certainly these improvements that we have, which all in the five years have been cut to the bone, don't contemplate the full development of the amenities, which is what we talked about in this program, and certainly no programming. In addition, one concern that I have, and there's a little statement in the executive summary that says they're going to transfer Pepper Ranch ranger responsibilities to the Parks and Recreation Department. So I would like to know exactly how much of the expense of running this program is now being assumed by Parks and Recreation. It was my understanding that this program was supposed to pay all costs. We shouldn't be delegating some of these expenses to Park and Rec. So can somebody tell me how many dollars are being transferred from this program over to Parks and Recreation? MR. WILLIAMS: Commissioners, Barry Williams, Parks and Recreation Director. As you mentioned, Commissioner Nance, part of our plan with the AUIR over the last five years has been to look at the campground operations of Pepper Ranch's being transferred to the Parks and Recreation Department. That's consistent from a couple of different reasons. One, as you mentioned, you know, Conservation Collier's primary mission is the preservation of lands. And one of the things that the County Manager's done in associating Conservation Collier with our department is our ability to manage recreational type programs. So that benefits our AUIR and the requirements that we have for the Parks and Rec Department. We want to, in this coming AUIR cycle, transfer acreage associated with Pepper Ranch that is more recreational to the Parks Department. That helps us in identifying our level of service, but also Page 63 March 11, 2014 allows us to -- we're in a better position we think to manage the campground and the activities of Pepper Ranch. Part of that is we do have a system where we are able to collect fees. Conservation Collier doesn't have that system. So we think that we're better suited for that. And that's been in the plan for the last five years for us to do that. COMMISSIONER NANCE: I understand. I have no problem obviously in the operation and synergy. But I think it should be made clear what Parks and Recreation is assuming relative to Conservation Collier. The taxpayers have a right to know clearly what is associated with Parks and Rec and Conservation Collier. MR. WILLIAMS: Yes, sir. And the position, it's a half-time position. We're looking at about $17,000. What we're able to do, though, is that we can offset that cost in general fund with the revenues that we do receive from the recreational opportunities of Pepper Ranch. COMMISSIONER NANCE: You know, in summary, I don't want to belabor this, but the presentation that was made today, obviously everybody wants to put it in the most positive light. I don't mind that. I like things in a positive light. But I think when we're accepting a 10-year financial plan, that it's time for a little tough love on this program. And I do think it needs additional considerations. I think there are some -- some suggestions have been made that have been alluded to in the executive summary about synergies with other county and state agencies that will afford us an opportunity to save money. And, you know, we certainly have to work on it from both sides. I think we have to work on it from the spending side and we have to work on it from the revenue side. And I do agree that there are some opportunities for us to get enhanced revenue. But I'm not completely thrilled with this 10-year financial plan for these reasons. CHAIRMAN HENNING: Well, can we stay on this for a minute and get some explanation? That's -- is it $5 million to the agency or Page 64 March 11, 2014 we need to put into reserve for maintenance of the PHUs? COMMISSIONER NANCE: Commissioner, the way I understand it, it is a single purpose escrow account that we have to transfer money in. It's a single purpose account per our obligations and mitigation -- with our mitigation credit agreement with U.S. Fish & Wildlife Service. CHAIRMAN HENNING: That's the PHUs? COMMISSIONER NANCE: Yes, for PHUs. And this 10-year financial plan calls us, for example, to sever some from the Caracara Preserve and sell them to solid waste. I assume that the $700,000 that we're selling to solid waste is in this year's budget. MR. CARNELL: Yes, sir. COMMISSIONER NANCE: Okay. And then $600,000 the following year. So before we can sever those, I believe that we are obligated to have this money in escrow. And likewise with severing PHUs from the Pepper Ranch which are included in here, between those two items, you've got one-time revenue into Conservation Collier of a $1,606,000. Now, that's well and good. But what that does is that basically places in escrow I assume permanently nearly $6 million which doesn't provide income to this program. Dedicated income is for the mitigation; am I right? CHAIRMAN HENNING: I think you need to ask is (sic) when we sell those credits and it has to be at market value, because the government needs to get the best price. Solid waste department needs to, when they buy or any government entity, needs to go at the best lowest price. So are we selling it to them at the best lowest price? MR. CARNELL: We're selling it to them at cost. And the plan right now, sir, that's based on the prior direction of the Board five years ago. That doesn't mean the Board couldn't change that direction. CHAIRMAN HENNING: Well, we need to take a look at what Page 65 March 11, 2014 the market value is. So then you needed to consider should these -- should we go after panther credits or other kind of credits. MR. CARNELL: The plan -- I'm sorry. CHAIRMAN HENNING: We need that analysis. MR. CARNELL: Sure. Well, let me tell you what the assumptions are for the sake of this 10-year plan. The assumptions are that we will be collecting impact fee credit payments from the Solid Waste Department over a two-year period, FY 14, FY 15 for the Caracara site -- I'm sorry, panther habitat units. And then for Pepper Ranch in FY 19 -- 19 or '18? '20. All right, what we're going to be doing is when we get to the Pepper Ranch project, we will begin selling those credits. And right now they're designated for sell to county departments. And if you remember the discussion way back, at the time the intent was -- I mean, it's a choice of do you want to make money or do you want to save money. And the five of you are presiding over that question, because it affects the five of you in managing the county in either way. If you want to save money, save money on county projects, then you sell at cost. If you want to make money so that Conservation Collier's financial position is improved, then you sell, as Commissioner Henning is talking about, at market rate or perhaps something between cost and market rate. CHAIRMAN HENNING: Has the committee ever discussed that, the PHUs and the cost? MR. CARNELL: I'm not sure. CHAIRMAN HENNING: Not only the cost but -- COMMISSIONER HILLER: I think the question is legally what are we obligated to do. MR. KLATZKOW: It's really the same thing. I mean, staff gives a discounted cost or you sell it to the outside market, the end result to the county is the same thing. So whatever the Board's preference is. Page 66 March 11, 2014 CHAIRMAN HENNING: Yeah, it's just coming out of one fund or the other. My preference is you need to take a look at the enterprise fund. And you need to take a -- we need to know what the market is. And County Manager, quite frankly I would like to see an analysis on what the market is, what it's going to cost us to maintain a credit bank, PHU bank credit, and find out if it's cost feasible for us to do so. MR. CARNELL: I can tell you just briefly, if we charge the credits at market rate, it's about 125,000 a year difference, versus cost. CHAIRMAN HENNING: I don't know what, is that black, red, indifference, or what is it? MS. SULECKI: Hello. For the record, Alex Sulecki, Conservation Collier. The market rate, which is our contract rate for mitigation, panther habitat units, is 725 each. And in this model we're proposing we sell them for 600 each. CHAIRMAN HENNING: Okay. So we're selling it below cost, or below market. MS. SULECKI: We're selling them at the amount it's going to take to fund the escrow account to pay for the management of the property. CHAIRMAN HENNING: For 10 years. MS. SULECKI: Yes. We've look at it in that 10-year period. But those payments for what we estimate are between 8,000 and 9,000 PHUs actually go on long after this spreadsheet you see. I think they go on for something like 80 years. CHAIRMAN HENNING: Well, you need to maintain the property for more than 10 years, so -- MS. SULECKI: Yes. And the cost of those PHUs pays for that maintenance of that property. CHAIRMAN HENNING: Okay. Page 67 March 11, 2014 COMMISSIONER HILLER: So you've basically done a matching analysis. You've figured out what your costs were and you basically married whatever the price of the PHU is. MS. SULECKI: Exactly. CHAIRMAN HENNING: What was some of the other things you brought up, Commissioner, that need to be answered? COMMISSIONER NANCE: Well, you know, I'm just concerned that the reduction -- the things that I mentioned are that the costs are I think strongly front-loaded. It's heavy in my view, in staff administrative and overhead as a percentage of the budget. CHAIRMAN HENNING: Can we deal with that issue? Because actually you've got two on here; you've got staff maintenance and administrative staff. So I think we need to explain that. It might be -- MR. CARNELL: At the present time the program has four full-time positions. And that is three environmental specialists of different persuasions and then one administrative staff person. And then we have a half time, what we call job bank or temporary arranger position. And the plan is in FY 15 -- as I said earlier, we haven't nailed this down over the life of the 10 years, because we're going to see how things play out on a number of fronts. But in FY 15 the plan is to take half of the administrative persons salary and benefits and fund that through Parks and Recreation, and I believe the park ranger as well? MR. WILLIAMS: Yes. MR. CARNELL: Okay, the ranger -- that's that 17,000 that Barry was talking about shifting out beginning in FY 15. And then there is a plan as well to remove one of the environmental specialist's positions in FY 19. As we're moving -- and the basis for that is the timing of activity. We'll be through the bulk of new projects. Really the new projects will be done, and we'll be moving in, transforming towards that steady state which comes in 2022. We'll still have some maintenance activity at a little higher Page 68 March 11, 2014 level, but the project activity will especially be done. So again to summarize it, we go from four permanent positions now plus one temporary position to eventually two permanent positions. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. Well, my point is, Mr. Carnell, in this is if you look at these 10 years, by the time you get to year 17, which is only three years from now, you've made this commitment. You've already spent down the fund balance by $4,228,000. By the time you get to that point, it's in the mill, it's committed, it's done. What you do with the next five doesn't matter. It doesn't matter. You've already made the impact on that. And by the time you put this money in escrow you're down to $27 million. There's no way you can change that over the next five years. Nothing we can do. The commitment we're making in the next three years -- the commitment we're making with this first time we approve the plan is going to tell us where we're going to go. There's nothing you're going to do to recover. If you're not happy with the results through year '17, it doesn't matter, there's no recovery. You can't come back from it, sir. MR. CARNELL: Yes, this is a conservative plan in the sense that we are not identifying new revenues for the program, and nor are we identifying new scope in terms of activities or properties beyond what's been envisioned for some time. I think your point's very salient, Commissioner. We are talking about losing a quarter of the fund's capital taken out of production. Now, we do need to be clear, that 5.8 million will still be there, you're absolutely right, in a dedicated purpose, and it can't be used to support other operations, but it will be there. COMMISSIONER NANCE: Well, it needs to be in this report, sir. And it was in the earlier report. And I don't know why you didn't present it to the Board today. Because it is significant. And actually, I Page 69 March 11, 2014 don't care for that a lot. I think it's a little on the disingenuous side. MR. CARNELL: Well, sir, again, if you look at the slide that's up on the screen, you see that the PHUs are accounted for. COMMISSIONER NANCE: I understand, sir, I understand it's on this slide. But it's not in the materials that were provided to the Commissioners here on this dais. CHAIRMAN HENNING: It's new evidence. Do we need to accept that? COMMISSIONER COYLE: No, I think we should reject it. COMMISSIONER HILLER: No, because staff can add whatever they want at the dais. COMMISSIONER NANCE: I'm not trying to be hypercritical. Please don't understand (sic). I take those very seriously. I am a big supporter of Conservation Collier and I want to see it in perpetuity. MR. CARNELL: I understand, sir. COMMISSIONER NANCE: And the next time if somebody decides to take it to the public, I want Conservation Collier to look everybody in the eye and say you know what, we did a great job, which they did. I commend the committee on what they did. But they got caught by the economy. Everybody needs to understand that. We don't need to try to hang onto something that we can't do. We need to have other ways to reach out to the community. And I've spoken to the committee members, spoken to yourself about things we can do to engage the committee. I do not think that we need to go forward with the Advisory Committee as it's currently constituted; I'll just throw that in at this time. I think we need to have a dedicated Conservation Collier maintenance advisory committee. Our mission at this point -- COMMISSIONER HILLER: So you're agreeing with the motion. COMMISSIONER NANCE: Excuse me? COMMISSIONER HILLER: You're agreeing with my motion. Page 70 March 11, 2014 COMMISSIONER NANCE: I think we need to reconstitute the committee. I do not believe we need to continue the current committee, I think we need to go out and constitute a new advisory committee that has as its stated purpose maintenance, and that is completely different from land acquisition. And that's not a criticism of the Land Acquisition Committee in any way. I think they're all community champions, and I've said that from the beginning. But we have a situation here where honestly I don't think we're as strong financially as everybody would like. You know, that's just me. I'm just putting that on the table in view of honesty. And I think we need to work on this to make sure that we get the additional programming that people are expecting, that we get the full development of the amenities that we're talking about. And this 10-year plan not only does not contemplate it, I think it's going to cause us to be in a position where we can't. MR. CARNELL: Let me -- just a couple of points. First off, the escrow funds are accounted for, backup material as well as the slides. Accounted for throughout the calculations. And I think Commissioner Nance, I think you and I would have the same view here and the staff would have the same view that the fund going forward is not going to have a lot of play in it, that we are at a point where we're not going to be able to fund new initiatives if no new revenue is introduced. What we are telling you is, though, with some reasonable management, with proper economies of scale, year to year as we manage our operating budgets in the county and we follow through on the management plans that have been previously approved, although as you noted in the executive summary we scaled back that activity and we have several hundred thousand dollars worth of savings identified. When you put all that together, I think you end up, $27 million does give us room to operate. It does allow us to maintain what we have, or pretty darn close. And I say the pretty darn close, we're going to have to evaluate it Page 71 March 11, 2014 year to year. I'm not going to sit here and promise you the world because I don't know what happens to interest rates over 10 years. I don't know what happens to inflation over 10 years. I can tell you, we've taken an inflation rate that's more -- that's higher than the interest rate earning in these calculations. So we've tried to bleed the fund a little bit already. But I think the public needs to understand that the fund in terms of what it was commissioned to do 12 years ago is able to meet that obligation. And based on what we see, we think we can keep that fund in the upper 20 million, that middle to upper $20 million fund, level, the balance going forward. Now, one thing the Board may want to do that's alluded to, and I really do appreciate all of your comments. Commissioner Nance has made several suggestions about trying to change the direction of the fund and look for ways to maybe bring some new revenue through the community into the process, and we're going to look at that in the future where opportunities present. But what I'm saying to you now is we're in a position where we think we can by and large hold serve going forward. And obviously we'll have to look as a community as to whether we want to introduce any new revenue or if there is opportunity to introduce new revenue, that would be tied to new acquisitions or to new amenities, not to what's planned and identified already. So I want to be clear about that. And if there are any others questions from any of the Commissioners, (sic) happy to address those as well. CHAIRMAN HENNING: Okay. Are you done, Commissioner Nance? COMMISSIONER NANCE: Yes, sir. CHAIRMAN HENNING: Commissioner Coyle? And if you don't mind, I'd like to go. COMMISSIONER COYLE: Okay. Page 72 March 11, 2014 Comments in three areas. One with respect to the committee itself. I think certainly we should continue to have an advisory committee. And I think we should recognize that the skills we have in the advisory committee even now are not just skills for property acquisition. There are people with exceptional skills on that committee that I think we should certainly retain. We can add some other people to it, there's no question about that, and perhaps that would be wise. But I wouldn't like to see the Board, in their interest in continuing the committee, to eliminate all the people who are on the committee, because I think they've done a great job and I think they can continue to do a great job. The second thing is that with respect to the panther habitat units, if we're charging exactly what it's costing us, we're not going to go broke. It's only when you start charging less than it costs us that you go broke. And I don't see that as a serious threat, but there are many areas here where you can improve on the budget. There are not many areas where I think the budget would be worse than what you have projected. The interest rates that you are anticipating over the next 10 years are, in my estimation and in the estimation of just about every person who invests, are extremely, extremely low. Even at existing interest rates, investing in the safest possible instruments, which are treasuries, if you were to invest this fund equally laddered over two, three and five-year treasuries, you could almost double your rate of return and not risk the capital. Because you will be getting the full face value of the bonds as they come to term. And as the ones on the shorter end; that is, the one or two-year investments, mature, you can role those over into another five-year and continue to take advantage of any increases in interest rates that have occurred since you started investing. So at the present time you are assuming investments in nothing Page 73 March 11, 2014 more than three years. And that's a very short horizon for a fund that is supposed to last in perpetuity. But I would not recommend going beyond five years, because interest rates are moving rapidly and we want to be in a position to take advantage of those things. And five years is certainly not out of the question. You can protect your principal that way and probably double the rate of return that you're expected here. If you do that, you wipe out the loss that you are budgeting in the early years and you make things even better for the later years. And as far as staff is concerned, I definitely think we need to take a look at the costs associated with that. And also, by having an advisory committee that focuses on maintenance, I see them doing a lot of things that could reduce our administrative costs. So I think we need to look into all those things. But with respect to the investment policy, we are the ones who make the investment policy, not the Clerk. We make the investment policy. This is a long-term fund, it needs to be managed with some recognition of that. That doesn't mean that I would recommend investing anything for 10 years or more. But we can certainly go ladder these things out for two, three and five years and do substantially better on interest rate than we're doing right now. And because this is a long-term fund, we don't intend to use it up early, we don't need all the money early, so there's no problem with investing it for those short periods of time for two, three and five years. So I think if the Clerk does not do that, we need to provide him direction to do it. Or alternatively he can come back and tell us why he thinks it's a bad idea. But we really do need to move on that, we can't just sit around and start -- and accept half of a percent interest on $36 million. So anyway, that's my take on the whole thing. CHAIRMAN HENNING: Crystal, would you convey that and Page 74 March 11, 2014 get back to us on thoughts? MS. KINZEL: Yes. CHAIRMAN HENNING: About the committee, reconstituting the committee as a maintenance committee, understand that we have a maintenance -- a management plan on these properties. Are you saying to look at the effects of the management plan, possibly critique it? COMMISSIONER HILLER: That would be one of the functions. I mean, we can define. And that's an actually good thing to look at. It's looking at the program activity, the maintenance of the environmental component. There are many different ways that you can look at maintenance. I think the scope is broad enough that they can do a lot of good. CHAIRMAN HENNING: Okay. Well, what about reconstituting the tax? COMMISSIONER HILLER: That's a separate question. CHAIRMAN HENNING: I know, but that's the real issue here on why there's a desire to continue it, in my opinion. Is anybody in favor of reconstituting, have the committee re-- COMMISSIONER FIALA: That's such a separate subject. I haven't even -- COMMISSIONER HILLER: Yeah. CHAIRMAN HENNING: It has to do with Conservation Collier. COMMISSIONER FIALA: Yes. COMMISSIONER HILLER: Well, you know, if they want to re-- CHAIRMAN HENNING: Same players are there. COMMISSIONER HILLER: -- let them discuss it, let them evaluate it, and come back and -- CHAIRMAN HENNING: Have the committee do that? Page 75 March 11, 2014 COMMISSIONER HILLER: They could. CHAIRMAN HENNING: I'm not in favor of that. COMMISSIONER FIALA: I don't think the committee would want to do that, but I think that the people who started it originally would want to discuss it and if-- COMMISSIONER HILLER: I'm flexible. COMMISSIONER FIALA: -- they want, to go ahead. COMMISSIONER HILLER: If the Board would -- CHAIRMAN HENNING: Let's do it in 2017. COMMISSIONER HILLER: If the Board would like to, you know, limit the scope of the committee to certain specific enumerated tasks, we can do that. Or we can leave it broader and let them come back to us with what recommendations, you know, they would like based on what they see as the need with respect to maintenance. But it is with respect to maintenance. And I guess to go back to your question, you know, would bringing back the tax fall under the committee. Not if it's a maintenance committee. Because we're not going to levy a tax to maintain. And as staff properly pointed out, they're basically going to start treating -- actually, I believe you pointed it out, you're going to start treating part of this program in effect as an enterprise fund where you're going to have fees for, you know, the various services that the program will provide. COMMISSIONER FIALA: And I don't even -- COMMISSIONER HILLER: And I like the idea of blending it with Parks. I mean, I think that's great. I think the fact that we can actually leverage the relationship between Conservation Collier and Parks is what has always been recommended and what should be done. I don't see a negative financial picture as Commissioner Nance describes. I mean, I agree -- CHAIRMAN HENNING: Well, wait a minute -- Page 76 March 11, 2014 COMMISSIONER HILLER: -- with Commissioner Coyle. CHAIRMAN HENNING: -- I'm not done yet. COMMISSIONER HILLER: Okay, I didn't know. I thought that was -- CHAIRMAN HENNING: I was asking what this committee's going to do. Because -- COMMISSIONER HILLER: What are the discussions about? CHAIRMAN HENNING: -- the ordinance, when you create the ordinance there has to be specificity so they don't go out there -- COMMISSIONER HILLER: Right. CHAIRMAN HENNING: -- on other things -- COMMISSIONER HILLER: As we always do. CHAIRMAN HENNING: -- like global warming or something like that. COMMISSIONER HILLER: Yeah. CHAIRMAN HENNING: So that's why I brought it up. If reconstituting the tax, bringing that up, which I'm not in favor of, but if you're in favor of it, that's fine, they can -- if the majority is in favor of it. That's the question. But I have other -- COMMISSIONER HILLER: Let me suggest that -- CHAIRMAN HENNING: I have questions from staff. COMMISSIONER HILLER: Right. I think that -- and I think you raise a very good point and I think we should be clear that the purpose of-- and I think Commissioner Fiala supports your position that the purpose of this committee -- and I agree with Commissioner Coyle that we want to bring forward the same people. If we want to add, we can, but the group of people that have been the core of this committee have worked very hard and have done a very good job. So we're not intending to dismantle the committee. It's in evolution. We're moving from the acquisition phase to the maintenance/management phase. CHAIRMAN HENNING: I think you -- Page 77 March 11, 2014 COMMISSIONER HILLER: And that would not include -- CHAIRMAN HENNING: You want expertise. COMMISSIONER HILLER: Right. And we can supplement -- yeah, supplement with experts, you know, if we don't have them currently on the committee. But my point is that maintenance and programming, which is essentially the management of these preservation lands, is not taxed to buy more land. That is a separate issue and a separate group. And I think that's Commissioner Fiala's point and your point, Commissioner Henning, and I agree with that. So I'll make sure that that's clear in my motion. I'll amend my motion to include that clarification. CHAIRMAN HENNING: The questions that I have in the recommendations, and let me get to them, is delay some maintenance. I guess removing exotics from a few properties? MR. CARNELL: Yes, they're outlined in the executive summary, sir. CHAIRMAN HENNING: Right. But I don't know why you're making those recommendations to delay the maintenance of it, removing exotics. MR. CARNELL: Are you talking about delaying or reducing the costs? CHAIRMAN HENNING: Delaying. Delaying. MR. CARNELL: Well, what we're delaying is listed at the bottom of the first page. Alex? MS. SULECKI: Yes, we're delaying the capital type projects, several that we have. That's in -- COMMISSIONER FIALA: Say that one more time, please? MS. SULECKI: We're delaying the capital type projects for public access amenities, not the exotic removal. CHAIRMAN HENNING: Okay, the -- then why would we delay making improvements to the one off old 41? Page 78 March 11, 2014 MS. SULECKI: The railhead scrub -- CHAIRMAN HENNING: Railhead, thank you. Why are we delaying that? MS. SULECKI: One of the reasons is that the road that we were depending on to get people to that preserve has been put out in our long-range transportation plan into 3035 (sic). So we felt that it was, in this time looking ahead these 10 years, that it would not be -- we could do that without a problem because we probably couldn't build it anyway. CHAIRMAN HENNING: Okay. Is that the same thing with the other, delaying the other improvements? MS. SULECKI: No, Rivers Road Preserve, we chose that to delay some of the amenities because of some comments that were made by Commissioner Nance about stars in our program and focusing on the amenities of those star properties. So we chose that to remove. CHAIRMAN HENNING: Okay. I listened to the last Conservation Collier committee and there was talk about -- well, Commissioner Nance was talking about transferring some properties to other agencies. And the committee says yeah, we took a look at that and it doesn't make sense, or something like that. But there was no explanation. However, I see in the report at least one property there is a little bit of interest in doing so. MS. SULECKI: Which one was that? CHAIRMAN HENNING: I think it's the one in the CREW lands. MS. SULECKI: The CREW land? MR. OCHS: Camp Keais. MS. SULECKI: Camp Keais? CHAIRMAN HENNING: Yes, Camp Keais. MS. SULECKI: And we're talking about U.S. Fish & Wildlife, right? Page 79 March 11, 2014 CHAIRMAN HENNING: Yes. MS. SULECKI: Okay. What they had told me was that they could see in the future there may be a way to annex it, because it's close enough to their Florida Panther National Wildlife boundary, but that is something that is way, way in the future, if it's possible. CHAIRMAN HENNING: Why don't we provide something in writing to agencies? Rookery Bay is one. There's a parcel down there that we require that -- MS. SULECKI: Shell Island Preserve. CHAIRMAN HENNING: Yes. It has literally no access to it. MS. SULECKI: Well, I did, actually. I asked in writing DEP for a response about whether to trade or donation. And I asked that back in January, and I didn't get a response. I finally talked to the lady who's in charge of that last night at the state and she told me that they've had a very sudden leadership change of the state and that she was not able to get an answer before that change happened. So she's asked me to wait a little bit longer. But I did send her some information about that property. But the problem with that is The Conservancy helped pay for that, and they object to divestiture. One of the problems. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: How much did they pay? MS. SULECKI: I think they contributed $125,000. CHAIRMAN HENNING: And what would the value of the land be if sold? MS. SULECKI: The purchase price for us was $5 million. I don't know what its value is today. COMMISSIONER HILLER: So, I mean, one of the things, if-- and I'm not suggesting that we will consider selling it, but we could refund The Conservancy their monies. MS. SULECKI: I suppose you could, but -- and I don't want to get too far down a rabbit hole here, but that property, the value of that Page 80 March 11, 2014 property was enhanced by the fact that the previous owner felt he had an agreement with the county to build on a small portion of it. And so that value was greatly expanded beyond just its face value because of that. So I don't know what we could get for it now. COMMISSIONER HILLER: Well, we can take a look at it. We don't want to get into those details. CHAIRMAN HENNING: I'm done. COMMISSIONER FIALA: Could we hear from our speakers? CHAIRMAN HENNING: Yeah. Well, it's up to the Commissioners, if they're done with their questions. I think we've got some direction on what we want to do. COMMISSIONER NANCE: I've just got one more comment, Mr. Chairman. CHAIRMAN HENNING: Yeah, we've still got two more. COMMISSIONER NANCE: I would like to request that whoever prepared this 10-year financial plan go back and include the escrow funding in here. Because I believe that the numbers that are presented to this Board are in error. The interest calculation and for year '23 for example is stated as $659,600, which relies on a fund balance of 32 million plus, almost 33. And I believe that should be more like 27 million in the fund balance when you take the escrow into account. So I believe it's in error. It's certainly, at the very minimum, it's a big divergence between what was presented on January 7th and what's being presented today. So which one is wrong? One of them is in error. MR. CARNELL: Let me answer your question. Just to confirm. This was prepared jointly between Public Services staff and O&B. MR. FINN: Thank you, Mr. Chairman. Edward Finn, Office of Management and Budget, for the record. If we could just put that in the visualizer, please, Steve? COMMISSIONER NANCE: If I'm wrong, just show me where I Page 81 March 11, 2014 am. MR. FINN: Well, actually, the large spreadsheet attached to your executive summary does attempt to present an all-in approach in that the interest earnings on the escrow money is calculated there, as are the expenses for the escrowed preserve areas. I attempt to put that all in there. You'll see the sheet on the visualizer, which I believe is the first attachment after the executive summary, attempts to illustrate the difference or the components of the ending balance with -- at year 10. The Conservation Collier portion that's general in nature is 27 million, and the escrow portion is 5.6 million. So we attempted to roll all that in. I would certainly concur that there could be a neater way to identify those in a large spreadsheet and I'd be happy to give that a shot. COMMISSIONER NANCE: So you're telling me it's in effect a wash? MR. FINN: Yes, sir, I believe it is. COMMISSIONER NANCE: Okay, thank you. MR. FINN: Thank you, sir. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Well, that's what I wanted to say, that it was a wash. I mean, and it clearly appears that way to me based on all the information presented. What Commissioner Coyle said is correct. I mean, this is actually a conservative proforma projecting out to those 10 years, and we will consistently direct staff to evaluate levels of hiring, cost to operate. And I believe Leo, it is your commitment, as I have heard you say in the past quoting me, to provide the highest level of service at the lowest possible cost, correct? MR. OCHS: Absolutely. COMMISSIONER HILLER: So I don't think that the Page 82 March 11, 2014 recommendations that staff is presenting here today is what we really should be adopting in our motion, because in our budget guidance to you we have made that clear, and we have asked you consistently year after year to make sure that, you know, not a dime is wasted. I mean, it's certainly not anyone's intent to have staffing at a level that is not needed. Again, we're going to achieve efficiencies and savings by working with Parks, we are going to create revenue streams by building these parks out so that the public can use them. It is intended that these parks be accessible to the public and they're to be enjoyed by the public. So if we don't have the amenities in place, the public is not going to go out there. I mean, they are not going to go out simply to look at a green field, right? So we want the programs, we want the infrastructure there so the public can enjoy it. So the investment has to be made now in those improvements to allow the community to get a return on their tax dollar. I don't see this as negative as you're portraying, Commissioner Nance. And I don't see the problems -- CHAIRMAN HENNING: Well, that's somebody's opinion. COMMISSIONER HILLER: I understand. But it's not opinion because we're dealing with, you know, numbers here. And again, what Commissioner Coyle said, that this is really a very conservative profile is what we should be looking to when we make our decisions going forward. MR. OCHS: Yes, ma'am. And Mr. Chairman, just a brief comment to Commissioner Nance's concern about the PHU drawdown from the fund balance. You recall when you a acquired Pepper Ranch and Caracara, the discussion at the time in the midst of a very aggressive capital improvement program was that the Board was spending quite a bit of money on mitigation costs as a percent of their capital projects. COMMISSIONER HILLER: Yes. Page 83 March 11, 2014 MR. OCHS: So the intent was to look for a way to leverage these investments to lower our construction mitigation costs. That was essentially the idea. Now, you're not married to that, Commissioner. In fact, most of that five million drawdown comes in the second 10 years of this 10-year program. So if the Board in today's environment decides that you're comfortable buying mitigation credits on the open market, $4 million of that five can revert back to the fund balance for maintenance and more improvements to the program. So you have another policy option there available to you. COMMISSIONER HILLER: And you're absolutely right, Leo. In fact, I was a strong advocate of the policy option that you have reflected in this proforma because it came up at the time when we went to market to buy those PHUs from the Collier's bank. And I was very upset about it because I kept on saying why have we not created the mitigation banks on these preserve properties as was intended when we made these acquisitions so that we didn't have to go to the open market and do it. So everything that's presented here today is consistent with what the Board's direction was from back then right until now. And you're right, prospectively we could change all that. But as of right now this is a reflection of the Board's position and policy. So I think you've accurately depicted what was directed. CHAIRMAN HENNING: Well, Commissioner Hiller, because of your comments, we have two other commissioners that want to comment. COMMISSIONER COYLE: I won't take more than 10 seconds. CHAIRMAN HENNING: Okay, you go first then. COMMISSIONER COYLE: Okay. The other thing to remember is that we have an escape clause. Sometime over the next 30 years we will have the public vote on another Conservation Collier program. Page 84 March 11, 2014 CHAIRMAN HENNING: If the majority of the Board agrees to put it on there. COMMISSIONER COYLE: Or if they get enough signatures to do it. And I think they can do it. And you set up another one and you allocate some of that money for maintenance. So if you ever run into problems, remember that, because I won't be here. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, I just want to add one thing, and this is kind of in response to comments that Commissioner Hiller made. You know, each one of these properties, and there are some very good properties here that do have opportunities for access that are quality. There's some of them that aren't. Some of them there's no reason to do a lot of development in them. But there's some that would have some very good opportunities to allow public access. My concern in this plan is in the way it's been, particularly in the last five years, is that it doesn't contemplate doing anything with them. It doesn't allow them. And if you look at the revenue and the expenses that are projected, all you do is hold serve. You don't have any opportunities to do anything other than what we're going to do this year, as a matter of fact, with the greenway, which is one of the stars I mentioned to the committee, and of course the Pepper Ranch which could have much, much more done with it. So that's my concern. My concern is the allocation of the dollars over the different things that we could do as far as staff, preserve maintenance and improvements. I just think we could do better. That's the point of my whole discussion. CHAIRMAN HENNING: And you guys can have further discussion over lunch on this. We're going to go to the public speakers. MR. MILLER: Mr. Chairman, you have 12 registered public speakers for this item. Your first speaker is Nancy Payton. She'll be Page 85 March 11, 2014 followed by William H. Poteet, Jr. MS. PAYTON: Good morning, Commissioners. Nancy Payton, representing the Florida Wildlife Federation. And thank you very much for the very encouraging and informative discussion today. Appreciate your interest in keeping Conservation Collier going. We have five messages, brief messages for you today. One is to keep all the land that's been purchased with Conservation Collier dollars. Two is to retain the committee. And we support its reconstituted goal or a different mission or expanded mission. We need to update the ordinance to reflect the new funding options, possibly, the relationship to other agencies, the scope of the program, and again the role of the committee needs to be addressed. And we ask that that be done with the committee and with staff and with the public participation. And we ask that you carve out the Conservation Collier money for a more aggressive investment policy so we can get maximum amount of money for what we have. And lastly, please consider sponsoring a 2006 (sic) ballot question. And it's to put before the voters to simply say yea or nay for renewing a Conservation -- CHAIRMAN HENNING: Do you mean 2016? MS. PAYTON: 2016, sorry. 2016. And those are my comments. And thank you to you and thank you to the committee and thank you to staff. MR. MILLER: Your next speaker is Bill Poteet. He'll be followed by Becky Newell. MR. POTEET: Good morning, Commissioners. First I'd like to start off and thank Commissioner Henning for appointing me to this committee 10 years ago. He didn't realize at the time but this was a legacy type of appointment. Because what we've got to do over the last 10 years is going to be here for the next 100 Page 86 March 11, 2014 years, and my kids and my grand kids will enjoy that. COMMISSIONER HILLER: So no term limits, right? MR. POTEET: No term -- well. And I want to thank Commissioner Hiller for giving me an A. I'm going to tell my kids I got an A in school today. I want to applaud the members of the Conservation Collier committee. We've had an outstanding group of individuals on the committee over the last 10 years with a variety of expertise. And without them we couldn't accomplish what we have so far. We did recommend that we extend the committee. I'd like to make a suggestion on the renaming. Instead of just making it management or land acquisition, just make it Conservation Collier Advisory Board or Advisory Committee. Just simple. Because there may be a time that you want to look at acquisitions only through donations. We've developed a mitigation policy where they could actually donate in lieu of paying for site development or site preserves in certain areas, so that could come into play. We talked about the county budget and we talked about why it was so fiscally restrained. And nothing of staff, because they do a phenomenal job on providing the information there. But, you know, at first we thought it was the State of Florida, then we thought it was the Clerk's Office. And then it came back, we found out that it's actually the Commission years ago set this policy and it was in response to a state law that was created because of the junk bond issue in California. And, you know, it's typical what we consider overkill, and we thought you ought to relook at your policy and see if it makes any sense to be a little bit more aggressive than what you're doing. Because right now you have $37 million in there making less than a half a percent and that just didn't make sense for me from a business standpoint. Page 87 March 11, 2014 And then the third area that we wanted to talk to you about real briefly is we think you should take this to the public and let them make a decision. Ten years ago -- or 12 years ago they went and voted on it. It received a 60 percent approval rating. Four years after that they went back to the public and there was over 80 percent. This is 80 percent to tax yourself, which is just unheard of. Subsequently we've had hearings, discussions, meetings, and nobody talks in the negative about this program. They all love what we're doing. So it makes sense to let the people decide if they want to do it again. Thank you. MR. MILLER: Your next public speaker is Becky Newell. She'll be followed by Judith Hushon. MS. NEWELL: My name is Becky Newell and I'm here today representing the League of Women Voters of Collier County, and I'm here to express the League's support for continuing the Conservation Collier Advisory Committee. The League approaches this from two different viewpoints. The first is advisory committees in general, and we strongly believe, as I'm sure you know, that it's very important to have public input into government and that there be mechanisms for that to happen, and that you carefully consider that public input. We have been concerned on a slightly different note. We have been concerned with the disbandment of many of the advisory committees at the county level recently and we would encourage you not to disband this one. The second way that we approach this is by supporting Conservation Collier itself. This is a popular program, you all realize that, it's a very effective program. We agree with Mr. Poteet's report that you have all read and that you've given an A, and we greet with that. We think it's very thorough. And that in his recommendations for what the committee do in the future, he looks at what should be changed based on current Page 88 March 11, 2014 circumstances and he makes some very reasonable requests for how that could be handled. I like the fact that he refers to the committee as stewards to the public trust. Because that's exactly the League's perspective for what this committee is. On another topic that you have also been discussing that is not on the agenda today, we would also like to express our support for bringing this issue back to the voters. We think that's the appropriate way for any decision to be made about this, it's the way it has to be made. But we would hope that you would appreciate the fact that the public should be allowed to weigh in on this. And I hope you'll bring it back in 2016 to the voters. Thank you. MR. MILLER: Your next speaker is Judith Hushon. She'll be followed by Brad Cornell. DR. HUSHON: Good morning, Commissioners. This is such high public support. We have almost nothing in this county that everybody loves as much as this program. They voted for it 82 percent. That is phenomenal. Nobody -- none of you are sitting here because you were elected by 82 percent. Just -- oh, I'm sorry, Donna Fiala. Pardon me. Yes, it's true. But it's just -- it's such an important program that we should be doing everything we can to keep it, maintain it and move it forward. Maintaining that committee, yes. Change the name, fine, no problem. Maintaining -- these properties need to be better maintained. I've had people come to me and tell me, oh, you can't even walk on that property, it's so overgrown, it's got all these invasives on it. It's Conservation Collier and they're not maintaining. I would like to see us step up to that program. You know, we're cutting back on some of these things. Be sure we don't cut back on the maintenance and the development of these properties. These properties are there for the people. We have to let the people get to Page 89 March 11, 2014 them. So that's something that you as commissioners have as a responsibility. We should redirect funds -- we should not be redirecting funds away from the Greenway Bridge. I don't know how that ever got in there. It doesn't seem to even make sense. Yes, buying a piece of property on the Greenway, that makes sense buying that last little piece. I didn't have any problem with that. I am all for putting this on the ballot in 2016. I am fairly certain that the people of Collier County would once again vote to tax themselves at the low rate that they are taxed to support Conservation Collier going. And therefore some of this discussion about going out and is it fiscally responsible and everything. I think we actually are there to support this, we as county people. And I do not recommend taking staff away from this program and shunting them over to Parks and Recreation, only because this program has jobs to be done in maintaining those properties and we have to keep doing those jobs. So we can't strip the Conservation Collier team down to where they cannot do anything in the future. So that's -- those are my words, and keep it up, because it's good. Thank you. MR. MILLER: Your next speaker is Brad Cornell. He'll be followed by Patricia Forkan. MR. CORNELL: Good morning, Commissioners. I'm Brad Cornell and I'm here on behalf of Audubon of the Western Everglades, formerly known as Collier County Audubon Society, as well as Corkscrew Swamp Sanctuary. I want to thank you very much for your constructive conversation, for the discussion that you've been having up to this point. I really do appreciate the ideas you're putting on the table and the positive nature that they represent. Audubon fully supports keeping the advisory committee. We also support the proposal that Commissioner Coyle has put on the Page 90 March 11, 2014 table and that all of you have weighed in on to some extent about looking at a better investment strategy for the public's money. Also, it doesn't make sense, having looked at this in detail, to sell, trade or gift any of the current properties that we have purchased. It just doesn't work out. Nobody wants them at this time. And if they did take them, we'd have to give them a lot of money to manage it. So it makes a lot more sense for us to keep them. And the last thing is of course that we fully support putting Conservation Collier on the ballot in 2016. Let's give voters another chance. I think that is only fair. This program is not done. I think it -- all you have to do is look around the landscape. As it continues and renews its urbanization push as development is ramping up again, this is good for the economy and good for business. But if we aren't careful, we're going to squander the quality of life that we have in our urbanized areas and where we live. Yes, we have opportunities to do other things as well, including mitigation, integrating with the Watershed Management Plan, but our quality of life is ultimately I think what the voters of Collier County voted for in 2002 and again in 2006. And, you know, let's let them vote. Putting it on the ballot doesn't say anything other than we want to hear what you have to say, people of Collier County. One other thing I want to -- CHAIRMAN HENNING: That's a straw ballot, Brad. MR. CORNELL: Sorry? CHAIRMAN HENNING: That's a straw ballot. MR. CORNELL: It is. It's a referendum, unless it's bonding, then it's obligatory. CHAIRMAN HENNING: Well, that's what we had before and that was a referendum. And what you just said was a straw ballot. So which one would we do in 2016, a straw ballot or a referendum? MR. CORNELL: A referendum. A referendum is a straw ballot. It's -- basically you have the authority right now to levy that tax, to Page 91 March 11, 2014 levy any tax and to implement any program. You can do that right today. CHAIRMAN HENNING: I'll send you the Florida statutes later on. MR. CORNELL: What's that? CHAIRMAN HENNING: I'll send you the Florida statutes later on. I'm sorry, I took up too much of your time. MR. CORNELL: That's all right. That's all right. No, it's a good distinction to discuss. We think that the people ought to have a chance to register their opinion by virtue of a vote, and so we encourage you to do that. Thank you very much. MR. MILLER: Your next speaker is Patricia Forkan. She'll be followed by Michael Seef. MS. FORKAN: Good morning. My name is Patricia Forkan, I'm a resident of District 1. And I want to thank Commissioner Fiala for making it possible to have this time certain point. Because there were so many people interested in it, it really makes it a much more meaningful event. I'm new to the area. I've been coming here for many years but I've only recently moved in the last three and I've been very interested in some of the environmental issues that have been started here. And I only heard about Conservation Collier last year, and I attended the workshop you all did and became much more interested in what's the future, because I think it's very important, and the future for what I'm calling the Naples brand. Naples has a look, a feel, and it's an attraction for a lot of people, many people of a lot of means. And how do we keep that brand? One of the ways is to put it -- put more of our green space into something like Conservation Collier. Because we do see a lot of development, and that's fine. But on the other hand we need to keep the very thing that brings people here. And I for one was brought to Collier and to Naples over any other Page 92 March 11, 2014 place in the country because of the amenities, the beauty and access to wildlands. And I want to have those somewhat in my neighborhood and not out with the alligators. So that is one of the things that I found really fascinating about this. And also I agree with the previous speakers who have much more experience in this. But it does seem to me that the voters would support this. I don't know whether you can vote on it today or not, but that would be fabulous if you could. Reconstituting a committee I think needs to be -- or something needs to be done to keep the committee. I think that you have 37, 27, however many million, that's a lot of dollars. And there needs to be somebody from the public looking at that and keeping it before the public's eye. So I think there are a number of things that should give you the desire to go ahead and do something very proactive and positive with this program. I think that's probably all I need to say. But it sounds like you're already moving in that direction. I appreciate the fact that you're looking at what to do with this committee, not to just dump it, so that is a really good thing. And I'm hoping that we can all come away as very happy citizens from this meeting. Thank you. CHAIRMAN HENNING: Your next speaker is Michael Seef. He'll followed by Bonnie Michaels. CHAIRMAN HENNING: Go ahead and start the clock. MR. MILLER: Yes, sir. CHAIRMAN HENNING: I'm getting hungry. MR. MILLER: As am I, sir. MR. SEEF: Good early afternoon, Commissioners. Michael Seef. I live in North Naples. I live in a small community called Beachwalk, and I'm the community affairs chairman. I want to start out briefly by giving a broader perspective. In fact, let me put this on the viewer. Page 93 March 11, 2014 MR. DURHAM: Can you also give a copy to the court reporter? MR. SEEF: I don't have a -- can I do that later? MR. DURHAM: Yes. MR. SEEF: Okay. All right. What I want to show here is something that is based on a common number that seems to be floating around, and quite understood, that something like 80 percent of Collier lands are in preservation. And what you see before you is a list of the major state and federal lands, plus private lands, plus Conservation Collier lands. And that in fact if you look at the bottom line here, which is the red circle on the lower right hand, that number totals up to 67 percent, okay. So you can see the little pie chart and you can see roughly two-thirds is state and federal lands, excluding Conservation Collier. Conservation Collier, as you know, is just a little teeny tiny percentage of the total. Now, there's an issue with many of these lands. For instance, Big Cypress Preserve. They're far away. We go there last Sunday, it's a two and a half hour round trip. Cost about 10, $12.00 in gas. And a lot of your constituents are not going to be interested in going to Big Cypress or at least not going frequently. And that's one reason we have Conservation Collier. The same holds true for Facahatchee Strand, Picayune Stand Forest. And by the way, the forest is managed for anything the forest wants to be managed for, which is oil and gas exploration and drilling, whether it's forestry or what have you. Florida Panther National Wildlife Refuge, and the other ones that I've underlined, Everglades National Park and Ten Thousand Isles. Now, the next page, let me just put that up. The next page takes out those properties that are so remote and basically hugely inaccessible. The bottom line here is that 17 percent. CHAIRMAN HENNING: Sir, can you wrap it up, please. MR. SEEF: Okay. I would urge you to support Conservation Page 94 March 11, 2014 Collier in every way possible. I also just want to mention subsequent to Commissioner Coyle's comments about the interest rates and inflation rates being very much unusual, I have to say that the City of Naples is going to a much higher rate from those similar kinds of rates. So I think it's important to keep that in mind as a source of revenue not only for the maintenance, as you've been talking about, but also for possible acquisition. CHAIRMAN HENNING: Thank you. MR. SEEF: Commissioner Hiller has suggested that there may be times when this committee will look at expansions as well of some sort or other. Thank you very much. MR. MILLER: Your next -- CHAIRMAN HENNING: Wait. Cherie', do you need a break? COMMISSIONER COYLE: I have a question. CHAIRMAN HENNING: Okay. Do you -- do we need a break? THE COURT REPORTER: I can wait. Thank you. CHAIRMAN HENNING: You'll wait? Okay. COMMISSIONER COYLE: Very brief question. CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: How do you account for the Eastern Lands stewardship area, the protected lands? MR. SEEF: They're included in the non-public lands, 416,000 acres. COMMISSIONER COYLE: Okay. But they are preserve. You're considering them preserve lands or not? MR. SEEF: I did not consider them as preserve. COMMISSIONER COYLE: That's why you're -- MR. SEEF: Because they're ag. lands. COMMISSIONER COYLE: They're protected lands and they will not have construction on them. MR. SEEF: Well, we've talked about protecting 40,000 acres but Page 95 March 11, 2014 not the reminder, which was going to be towns and whatnot. COMMISSIONER COYLE: Well, how were the 40,000 acres included in your analysis? MR. SEEF: They're also not included, as were the rest. However, if you take out the 40,000 acres, you still have a pretty small percentage. And really, the point of this whole thing is that the urban areas need to have -- with all the expansion that's going on, 30,000 units going up here and there and everywhere, and we're talking about cutting the program. We're talking about cutting it to shreds and not investing in anything else. COMMISSIONER COYLE: I understand your point. I'm sticking with my 80 percent, because there's so many things you haven't included here at all. You just haven't included them. MR. SEEF: Okay. I'm not sure what if they are. I'd be interested to hear later. MR. MILLER: Your next public speaker is Bonnie Michaels. She'll be followed by Marisa Carrozzo. MS. MICHAELS: Thank you so much for all your support on this program. I think if we look at this, if preservation is a priority, there are many creative ways that we can figure out how to afford being able to preserve land. And I'm one of the citizens who did vote; I'm one of the 82 percent. And I think the public should be able to decide the future of this. In the last year, many years we've lost a lot of the committees that Debbie Newell mentioned that were kind of environmental committees. And now that development is booming there really aren't a lot of programs to address the need for green space and the county's sustainability program. A perfect example is the Opportunity Naples, which is a project Page 96 March 11, 2014 going on right now. There were no questions on the environment on the survey. And as far as I know now, there isn't anybody on the steering committee that is looking at ways that the environment is going to be impacted or part of this whole economic plan. I'm just one of many who feel that sustainability is being overlooked a little bit in lieu of development at all cost. As a citizen I don't know find this good for Naples; preserving paradise, as we talk it, and certainly even for economic vitality. Sustainability is really important. Please help to keep this program going, as well as thinking about the future of 2016 so that we can let the voters decide on preserving land. Thank you. CHAIRMAN HENNING: Your next speaker is Marisa Carrozzo. She'll be followed by Ellen Goetz. MS. CARROZZO: Good afternoon, Commissioners. I'm Marissa Carrozzo on behalf of The Conservancy of Southwest Florida. We really appreciate the opportunity to speak to you this afternoon on the future of Conservation Collier, and we also very much appreciate the very constructive discussion that you've had today. So one of the most important elements of the program to date has been the Conservation Collier Land Acquisition Advisory Committee. And it provides a sounding board for public input, as well as providing the expertise of the committee members themselves. So ensuring that the club can continue to meet or a renamed simply Conservation Collier Advisory Committee to provide the public oversight of the 37 million in the management fund vetting of the public access amenities and land management we believe is absolutely essential for the future success of this program. In terms of the financial resources, The Conservancy absolutely supports the idea of exploring alternative investment opportunities. Commissioner Coyle suggested different years of treasury bonds, and we believe that is certainly something that we hope that you will direct Page 97 March 11, 2014 staff to explore further. And we also want to stress that as of right now the financial situation is not immediately dire. There is the 37 million in the management fund, and looking at these potential opportunities for further investment and prioritizing the capital improvements, we can safeguard the future of the Conservation Collier lands and their financial status. The CCLAC and staff have been excellent stewards of Conservation Collier's finances and lands. They have been adaptively managing over the past several years to deal with the downturn in the economy. As people have mentioned before already, that we are looking to a referendum in the future which will also help resolve some of the questions of long-term funding for management and allow the program to continue a more active acquisition program. And we will hope that you as the Board will support a ballot initiative to continue Conservation Collier's work to protect our county's unique natural resources. Finally, regarding the disposition of properties that was mentioned in the executive summary, we support CCLAC's recommendation that the Conservation Collier properties remain in county ownership. And moreover, the Shell Island property, which was mentioned during staffs presentation, was a partnership opportunity between The Conservancy and Conservation Collier and the county. And we participated in that partnership with the understanding that the property would remain in conservation status in perpetuity. So finally, we just want to express our appreciation for all of Conservation Collier's efforts with the county and that you will maintain the CCLAC as an advisory board, explore the investment opportunities and support a 2016 referendum in the future. CHAIRMAN HENNING: How many more speakers do we Page 98 March 11, 2014 have? MR. MILLER: Three, sir. MS. GOETZ: The most important one. CHAIRMAN HENNING: Yeah. Well, it's the same message. Does anybody have any new messages on what -- MR. KRASOWSKI: I do. CHAIRMAN HENNING: Okay, great. MR. MILLER: Ellin Goetz, followed by Ellie Krier. MS. GOETZ: Yes, I'm Ellin Goetz. I am a resident of Collier County for 30 years. As a landscape architect I own and operate a small business in the City of Naples that depends on development. Yet I became involved in Conservation Collier back in the 2000s, because we recognize the need for balance. And one of the things that makes Collier County so special is the balance that we have, whether it's economic development, economic diversity, natural resources, development and natural lands. And I want to commend you today for this very healthy robust conversation. I really appreciate the energy that was put into the looking at the budgeting and looking at the income streams, and I really appreciate Commissioner Hiller's comments about how it's important for the public to have access to these lands. I believe that continuing the committee as a management committee is very valuable for that very point, and I want to thank you very much, and I hope very much that -- who knows what the future will bring, but we'll hope it brings another ballot issue. Thank you so much. MR. MILLER: Your next speaker is Ellie Krier. She'll be followed by Bob Krasowski. He is your final speaker. MS. KRIER: Good afternoon. For the record, I'm Ellie Krier, and I actually registered as an individual today to provide support for the continuation in whatever the appropriate iteration is for the committee. Page 99 March 11, 2014 But I will now identify myself at the executive director of the land trust and provide you some clarity on the bridge. On your recommendations, you'll see the recommendation which says to consider removing planned expenditure. The Gordon River Greenway in its entirety will have three bridges. You have already built own one. The other -- the bridge number two from the airport to the Conservation Collier land is designed and is getting ready to be built. The third bridge, which is in your Conservation Collier budget is not your problem. You don't have to build it. We're not taking money away that you have to get later. This is a bridge that will be built from City of Naples land to Naples Airport Authority land. There is no rational nexus from your Conservation Collier ordinance to allow you to expend that money on that bridge. I was in front of City Council last week where they pretty much made it clear that I have to raise the money for that bridge, so -- and we're on the way to doing that. So that's $645,800. It's nothing you have to reconstitute later. It is money that is available to you, and it does say in your executive summary the final portion of the Gordon River Greenway. We had that parcel now down through a combination of efforts to 297,000. So we sort of let that money ride there, knowing that we needed to acquire this land. You do not need to build that bridge. In fact you probably legally can't. And I wanted to provide that clarification for you. CHAIRMAN HENNING: Thank you. MR. MILLER: Your final public speaker on this item is Bob Krasowski. MR. KRASOWSKI: Hello, I'm Bob Krasowski. Good afternoon, Commissioners. I think I was joking a bit when I said I had something new to add. I do support, though I'll try to keep this real sort, Bill Poteet and his letter that was in your agenda packet. And Commissioner Fiala's Page 100 March 11, 2014 comments earlier on. And I think that the ideas of Commissioner Coyle should be considered by the committee as you extend it and go on with it. And yes, we should have this put on the ballot and let the people support it. And I'll add one new thing and that is let's go to lunch. COMMISSIONER COYLE: I'll second that motion. CHAIRMAN HENNING: Okay, you'll second that? All right, let's adjourn for lunch. COMMISSIONER HILLER: Wait, let's go ahead and vote on this, because we have a motion on the table. We have a motion and a second. CHAIRMAN HENNING: Do you want to table the motion? COMMISSIONER HILLER: No, I think we should just get it done. CHAIRMAN HENNING: What was your motion? COMMISSIONER HILLER: The motion was basically to reconstitute -- not reconstitute but to continue the committee as a management committee to address the management and the programs of the preserve lands. CHAIRMAN HENNING: Does that include looking at a new tax? COMMISSIONER HILLER: No, it doesn't. COMMISSIONER FIALA: And that was my second. COMMISSIONER HILLER: And that was Commissioner Fiala second, and she supported you on that point. CHAIRMAN HENNING: All right. Any discussion on the motion? COMMISSIONER COYLE: Yeah, I have some. The staff has made a whole bunch of-- COMMISSIONER HILLER: I know they have. COMMISSIONER COYLE: -- recommendations. Page 101 March 11, 2014 COMMISSIONER HILLER: And I want to address that. All of this stuff that's in here is addressed really through our budget approval process. You know, reductions to personnel, operating and amenity expenditures, that's all done through the budget. We're not voting on that now. When you bring the budget forward, you will propose what the staffing levels are, what the expenditures ought to be. You know, we've discussed the capital improvements, you know, we've made it clear that what was proposed is necessary to make the lands usable. That doesn't have to be in the motion because we're not making any changes. The issue about the bridge is really not something we should be talking about here today. We need more details on the land, on the purchase price of the land, you know, on assurances that that bridge is going to be built by the City of Naples, that we're not short a bridge. I mean, there's a lot that has to go into that. We can't vote on that today; you need to bring that back, you know, as a separate item. We're certainly not going to -- you know, working with the Clerk of Courts on investment strategy is what Mark has to do, so he will come back with, you know, what the maximum, you know, return can possibly be in terms of how we invest those monies. You know, the -- I mean, all of this other stuff is standard county business that staff does daily. And we don't have to direct you to do what is your, you know, daily mandate. So the only thing that I think that is before us today is the issue of the committee, and that's what my motion reflects. MR. OCHS: Mr. Chairman? COMMISSIONER COYLE: My question really -- CHAIRMAN HENNING: Who's first? COMMISSIONER COYLE: I was, because I had made the statement -- CHAIRMAN HENNING: That's right. COMMISSIONER COYLE: -- that we ought to include some of Page 102 March 11, 2014 these things, and Commissioner Hiller said no, we shouldn't. So I will be satisfied with that if you, County Manager, will tell me that you're going to continue with all of these recommendations here and get them done as a normal course of your responsibilities. MR. OCHS: Well, sir, I don't believe with regard to directing the Clerk on a car route for the investment of these funds that I'm in a position of authority to do that. The Board has an investment policy, and if they want to direct the Clerk as the manager of that investment to make a certain investment, that's something that this Board needs to direct. Mark can't direct it. COMMISSIONER HILLER: Well, but Mark can -- what Mark can do is work with the Clerk to see what can be done and -- MR. OCHS: We've already tried that, ma'am. COMMISSIONER HILLER: -- bring back -- and what did the Clerk say? MR. OCHS: He -- I believe he didn't have an interest. We asked him to be here to discuss that with the Board today -- COMMISSIONER HILLER: Could Mark -- MR. OCHS: Crystal may be able to represent -- we went to the finance committee. But so far what's reflected in your report in terms of the interest rate of return is what we've been told is going to -- COMMISSIONER HILLER: The legal limit. MR. OCHS: No, not the legal limit. But the existing investment practice by the Clerk's agency. So if you wanted an alternative, then I think the Board needs to direct that inasmuch as it's your policy. COMMISSIONER HILLER: Well, I think what we need to do is have a completely separate discussion on investment policy and what are our legal limits with respect to that, whether it's as to this program or any of the other, you know, reserves that we can invest over time. CHAIRMAN HENNING: That should be the recommendation to the finance committee to bring back -- Page 103 March 11, 2014 COMMISSIONER HILLER: Right. CHAIRMAN HENNING: -- some recommendations. COMMISSIONER HILLER: Exactly. I mean, and that will be -- I want to do that as a separately motion independent of Conservation Collier. Because that is a broader issue and we should have two separate votes. Because one isn't really related to -- it's indirectly related to this agenda item but it's an overall issue that we -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- should look at. CHAIRMAN HENNING: Is there any other discussion on the motion? MR. OCHS: Yes, sir. Just the other point to Commissioner Coyle's challenge to me is that with regard this question on the Greenway Bridge and the potential acquisition of this remaining parcel along the greenway. I mean, I can't move forward on that unless I get some direction from the Board. COMMISSIONER HILLER: All right. Then I will add to my motion that you research this and bring us back all the information for us to be able to evaluate what we want to do and how. MR. OCHS: Fair enough. Thank you. COMMISSIONER FIALA: And can we do that rather quickly? Because that parcel -- COMMISSIONER HILLER: How much time do you need, Leo, to -- COMMISSIONER FIALA: At least the parcel. CHAIRMAN HENNING: I'm not sure if the parcel -- the indications I got from Ellie, that might be part of somebody else's bailiwick. Doesn't necessarily need to be ours. COMMISSIONER HILLER: Left staff go and figure that all out and bring it back. That's not, you know, really part of what we're evaluating here. It's a nice -- MR. OCHS: As long as you tell me go ahead and do the Page 104 March 11, 2014 evaluation, we can -- COMMISSIONER HILLER: It's in my motion. MR. OCHS: -- turn it around quickly. COMMISSIONER HILLER: It's in my motion. COMMISSIONER COYLE: Just one other item. Divesting properties at this time. We should have a policy that we're not going to consider divesting any of those properties at this time. COMMISSIONER FIALA: Yeah, I think you're right. At this time. COMMISSIONER COYLE: Yes. COMMISSIONER HILLER: Well, why don't we -- COMMISSIONER NANCE: I personally think there's a number of attendant issues that we need to discuss independently of this motion. The motion is to continue -- my understanding is to reconstitute the committee. But I think there are a num-- I think Commissioner Coyle is right, there are a number of different issues that I don't think we should just gloss over here without significant discussion. COMMISSIONER HILLER: Right. And that's why these should come back. Oh, the Clerk's here. COMMISSIONER FIALA: Maybe we could even discuss them after lunch -- COMMISSIONER HILLER: Sure. COMMISSIONER FIALA: -- with the rest of the things. We can get this one done -- COMMISSIONER HILLER: I think there's a lot of stuff in here that needs a lot more information for us to be able to vote on. And staffs recommendations, you know, obviously they should bring forward these items individually so we can take appropriate action with the right level of information. The two things really before us today was the evaluation of their proforma so that we're informed and we know where we're going Page 105 March 11, 2014 financially. And the other issue is the management committee. I know that staff has all this stuff in here, but that's not really -- MR. OCHS: We're happy to bring those all back individually. COMMISSIONER HILLER: Yeah, I think you need to bring them all back with the right level -- there's just -- this is like a, what do you call it, kitchen sink or whatever you call it, you know, when you throw everything in one thing. So let's stay focused, you know, on really the most important issues before us today and that is we know where we stand financially now and we know that we want to continue the committee as a management committee and have Jeff bring back an amendment to the ordinance. CHAIRMAN HENNING: Mr. Clerk, how are you? COMMISSIONER NANCE: Can you please restate your motion at some point. COMMISSIONER HILLER: I will. Go ahead. Jeff, do you want to comment on that? MR. KLATZKOW: Your original motion was for the County Manager to do it. Do you want me to work with the County Manager? COMMISSIONER HILLER: Yeah. And I don't care who does it. But, I mean, legally the ordinance has to be amended and work with the County Manager to get it done and then bring back all this other stuff with the right level of backup to make sure we have an opportunity to make informed decisions. COMMISSIONER FIALA: And let me ask, just is there a time limitation with the availability of that land parcel? Or is that just -- MR. OCHS: I don't know, Commissioner. At this point in time I don't know. COMMISSIONER HILLER: Well, you will act within the reasonable time so that -- MR. OCHS: As quickly as I can. Page 106 March 11, 2014 COMMISSIONER HILLER: -- we do not lose opportunities -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- that are before us. So whatever time it takes, it takes. If you think it can wait, you deal with accordingly. I mean, we'll defer to your judgment on that. CHAIRMAN HENNING: Mr. Brock? COMMISSIONER COYLE: It's all your fault if we lose it. COMMISSIONER HILLER: It is all -- CHAIRMAN HENNING: Mr. Brock. COMMISSIONER HILLER: -- my fault. I have broad shoulders. MR. BROCK: Thank you -- CHAIRMAN HENNING: These guys will keep going on. MR. BROCK: -- Mr. Chairman. My name's Dwight Brock, I'm the Clerk of the Circuit Court. I just happened to be walking by the television and saw Mr. Ochs make the following statement: We asked Mr. Brock to be here today and he chose not to. There is nobody asked me to be here today. Now, I just asked Ms. Kinzel if anybody had asked her. I know nothing about this. I know I did have a conversation with the budget office. And let's talk about the interest for a moment. That's the only thing that I've had a conversation with anybody about. 2833 provides the Clerk as the party who makes the investments for the county. I think we have clearly had that defined for us. I have worked with the Board of County Commissioners to develop an investment policy. That investment policy says we will use the pool concept approach, okay. It further directs through policy made by this Board where that money is supposed to go. It goes into the general fund. If the Board of County Commissioners wishes to employ that pool concept and allocate more interest to Conservation Collier, there's absolutely nothing in the world. Page 107 March 11, 2014 But I can assure you, we have some long-term investments in that pool portfolio and we have some short-term investments in that pool portfolio. In an attempt to protect the taxpayers. I'm not quite sure what the agenda is here. But, you know, you want me to stick money into some risky long-term investment in this type of environment? I mean, do so at your own peril. None of us know where interest rates are going, except in all likelihood they're going up. And what's going to happen when interest rates go up? You're going to lose principal. So I'm not quite sure what the objective here is. But if you're wanting to generate revenue for Conservation Collier, the simple solution to that using the pool concept approach, which is exactly what I told him, is to direct me to allocate more of the proceeds from that investment pool to Conservation Collier. That's totally within your discretion. COMMISSIONER HILLER: Thank you very much, Clerk. We appreciate your clarification of that. So again, my first motion is to have the County Attorney work with the County Manager to restate the ordinance to include the continuation of the committee as a management advisory committee, to look at the management of the preserve lands and the programming on those preserve lands, and to -- and for the number of-- the frequency of meetings to be based on an as-need basis and where the committee will come back, work with the County Manager and present what, you know, they want to meet about and have the County Manager approve it. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: My light is on, because I have a question to ask the Clerk. CHAIRMAN HENNING: I thought your second motion to go to lunch -- COMMISSIONER HILLER: Can we just -- Page 108 March 11, 2014 COMMISSIONER COYLE: That was before the Clerk came in. CHAIRMAN HENNING: Yeah, but that's going to be an argument that should be after -- COMMISSIONER COYLE: No it won't be an argument. I just want to find out -- CHAIRMAN HENNING: It should be after lunch, because that's not part of the motion. COMMISSIONER COYLE: Will you be back after lunch? MR. BROCK: Preferably not. COMMISSIONER HILLER: Can I ask a favor? And I'm asking in the most informal voice. Could we just vote on my motion and Commissioner Fiala's second so that we can set this whole issue of the committee aside and then deal with, you know, this whole investment policy -- CHAIRMAN HENNING: After lunch. COMMISSIONER FIALA: After lunch. COMMISSIONER HILLER: After lunch, that's fine. COMMISSIONER COYLE: While the Clerk is not here, right? COMMISSIONER HILLER: Would you come back after lunch, Clerk? MR. BROCK: Preferably not. I mean, if it is a simple question, you know, I'd be more than happy to answer it. CHAIRMAN HENNING: Okay. 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: And we're going to take a one hour Page 109 March 11, 2014 lunch, be back at 1 :40, and further this discussion about Conservation Collier. COMMISSIONER HILLER: Actually it's furthering the discussion about the investment policy -- MR. BROCK: I'm assuming you want me back after lunch? CHAIRMAN HENNING: If you would. MR. BROCK: I'll be more than happy to. No, I won't be more than happy to, but at your request, I will. CHAIRMAN HENNING: Thank you. COMMISSIONER HILLER: You will dignify us with your presence. Thank you. (Luncheon recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN HENNING: Thank you. Back in session, the Board of Commissioners, and finishing up on the topic of Conservation Collier. And the topic is interest, how much interest we earn? MR. BROCK: How much what? CHAIRMAN HENNING: Interest. Well, the issue is the investments. And you clearly stated under Florida Statute 28 it is up to the Clerk to provide the investment for the Board of Commissioners. However -- MR. BROCK: Your Honor, the way the investments -- COMMISSIONER HILLER: You called him Your Honor? Please retract that statement. CHAIRMAN HENNING: Please. COMMISSIONER HILLER: Please. MR. BROCK: I'm back in the old environment. COMMISSIONER HILLER: Well, if Commissioner Henning inspires you to think of-- MR. BROCK: Mr. Chairman -- COMMISSIONER HILLER: Big compliment. Page 110 March 11, 2014 MR. BROCK: -- the Florida Statute, in order for us to make the determination of what we have to invest in, we have to create an investment policy. That investment policy sets out the average life of the portfolio, the methodology by which we do it, and all sorts of things such as what portion can be invested in this type of security and what portion can be invested in that. And years ago we did that, okay. And within the confines of that we have to comply with that particular policy with the methodology in which we invest the county's funds. And that's the methodology by which we do it. And all of the yield from that entire portfolio goes into the general fund of the county. COMMISSIONER HILLER: How large is that portfolio? MR. BROCK: Depending upon -- COMMISSIONER HILLER: Average. MR. BROCK: -- the time of year, somewhere between 600 and $900 million. COMMISSIONER HILLER: Wow. So the investment that is Conservation Collier's portion is relatively small out of that pool. The only reason I was asking is -- MR. BROCK: You know, I've not looked at the portion of the corpus related to that particular fund, but yeah, I suspect it is. Yes, ma'am. COMMISSIONER FIALA: A long time ago I remember we had this discussion about where the interest went, and it had nothing to do with you, but we were talking about which pot it should go in. And weren't there a few departments that were able to keep their interest, I think like Parks and Recs or something like that, so that that interest went back to supporting some of their -- MR. BROCK: I think the policy that is applied today which was created by the Board was that it is allocate by corpus. COMMISSIONER HILLER: Right, that's what I was asking. Page 111 March 11, 2014 MR. BROCK: And if you want that changed, that's simply a policy decision made by -- tell me how you want to allocate. If you want to allocate more to, for example, Conservation Collier, you will allocate less to the general fund. Because there will be a tradeoff. COMMISSIONER FIALA: What about impact fee interest rates, do they all go into the general fund also? MR. BROCK: No. Impact fees have certain characteristics that I think they are -- they go back -- well, it goes into the general fund, but then it's allocated out by the corpus. COMMISSIONER HILLER: So essentially right now, Commissioner Fiala, if the Clerk has about 600 million under management and Conservation Collier's portion is 30 million, then five percent of the total interest earned on that pool could be reallocated back, if you want to do it on a proportionality basis, in proportional to the corpus. MR. BROCK: And that is entirely your decision as to how that interest or yield or return, whatever you would like to call it, on that portfolio gets allocated. And I'm simply telling you that the policy decision that you have made today is that it gets allocated based upon the corpus. That means the portion of the money in the pool. Now, there are going to be some limitations associated with that with regard to such things potentially as impact fees. I haven't looked at that, because it's allocated based upon the corpus now, but we would have to look at that because there's some limitations on how that can get spent, and there may be some limitations as to how the return gets applied. But I don't know the answer to that without looking. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, let me make sure I understand this. If we decide that the Conservation Collier people, we'd like for that fund to get five percent return on its money, all we've got to do is just tell you to allocate that amount of money to Page 112 March 11, 2014 Conservation Collier; is that right? MR. BROCK: All you have to do. COMMISSIONER COYLE: Yeah. MR. BROCK: That is correct. It gets allocated based upon the way that you desire. It's a discretionary decision of this Board. COMMISSIONER COYLE: And you think that is legal? MR. BROCK: Well yes, sir, I do. COMMISSIONER COYLE: So we just arbitrarily decide that somebody's going to get a large amount of interest and somebody else is going to get a small amount of interest and that's okay? MR. BROCK: Well, it goes into the general fund. You can spend it for whatever you want, as long as it's general and governmental business. Obviously you can't spend it for private purposes. COMMISSIONER HILLER: Commissioner Coyle, can I ask just to clarify where you're going? Because there are really two issues here. The first issue is whether that money should stay in the pooled investment or not. Which means, for example, pull it out of the pool and invest it separately at a higher yield, or that it stays in the pool and we don't use the proportionality standard and just allocate more out of the general fund. CHAIRMAN HENNING: And that's the question. MR. BROCK: I mean, about it under the investment policy. COMMISSIONER HILLER: I'm just telling you, those are the two issues. MR. BROCK: Think about the average life of the investment portfolio, okay? You know, if you go out on the Eurocard (phonetic) to try to chase yield, you know, you're going to have to extend the period of the investment portfolio. I mean, in the way it's done now, it is looked at as the county as a whole in a pooled portfolio. That was the concept that everybody decided was -- and it's the portfolio almost every -- or the concept that almost everyone uses today to try to Page 113 March 11, 2014 allocate that in that particular method. The yield, any way you look at it, is going to go into the general fund. COMMISSIONER HILLER: Right. MR. BROCK: So all you're -- you're still going to have to allocate it out. COMMISSIONER HILLER: No, that's understandable. It's just a question if you deal with a -- COMMISSIONER COYLE: I thought I was asking the question. COMMISSIONER HILLER: No, go ahead. I just wanted to clarify what you were saying in my own head out loud. Sorry. COMMISSIONER COYLE: Well, first of all, I do not think it is legal or fair for us to tell you to allocate more money to one fund than it's really earning. And I don't think you would let us do that if we gave you instructions to do it because -- MR. BROCK: Try it. COMMISSIONER COYLE: -- we have tried spending money in the past and you have said no, you cannot do that. MR. BROCK: Try it. I will tell you, I will. COMMISSIONER COYLE: I won't, because I think it's not right to do that. MR. BROCK: There's nothing about it that's right. It's not a question of right and wrong, it's -- COMMISSIONER COYLE: Yeah, it is. MR. BROCK: -- a question of what's legal and not legal. You make the decision, the discretionary decision of what you perceive to be right and wrong. All I do is look at it from a legal perspective. COMMISSIONER COYLE: Okay. What is the maximum duration of your investments now, average? MR. BROCK: I don't have that figure off the top of my head. I mean, I think it's on our website from the last month. I mean, it's readily available, but I don't have it off the top of my head today. COMMISSIONER COYLE: Okay. Do we have any other Page 114 March 11, 2014 investments that are supposed to be perpetual funds? MR. BROCK: What do you mean perpetual funds? COMMISSIONER COYLE: Well, it's supposed to be self-sustaining and it exists forever. MR. BROCK: I don't know the answer to that, Commissioner. COMMISSIONER COYLE: Okay. I don't know of any others, but we might have some others, other than this particular one. But it is a unique situation. And so here is -- was my statement from earlier today. It looks to me like the interest rate that this fund is getting, however it is allocated, is well below what it could get by investing in very, very safe short-term treasuries. And I'm talking about treasuries of three -- two, three and five years in duration. Nothing beyond five years. Now, a five-year treasury is yielding somewhere in the range of 1 .6 percent right now. And if you laddered those things up in essentially equal amounts, you would almost double the interest that the Conservation Collier people have used in their financial analysis. Doubling that interest return is significant, because early on you probably have seen that they're working themselves into a deficit a bit in that financial analysis. MR. BROCK: Commissioner, I will bet you, you will discover if you look at the portfolio that there -- you know, I haven't examined it recently, but I will bet you, you will find that there is well over $30 million invested in short-term secure investments such as treasury with greater than a three-year life -- expected life. COMMISSIONER COYLE: Okay, well -- MR. BROCK: So you've already got that today. COMMISSIONER COYLE: Well, if I do, then that's not what I'm being told by staff. And so I'd just like to confirm that. If we do have something beyond three years, five years would be fine, I don't know that we need to chase it much further than that at the present time. But according to my calculations, the interest return would be Page 115 March 11, 2014 substantially higher than the staff has presented in their financial analysis. MR. BROCK: You've got -- in the pool concept you've got some that have longer life and you've got some that have shorter life. COMMISSIONER COYLE: Right. MR. BROCK: And that's what we're trying to accomplish is making a reasonable return without putting the taxpayers' money at risk. COMMISSIONER COYLE: And that's my proposal. MR. BROCK: And that's what we do now. So we don't need to change anything. You just allocate it the way you want to. COMMISSIONER COYLE: Then we -- no, I'm not going to get into allocating interest from one fund higher than interest from another fund because I don't think that's the right way to do it. But if what you're telling us is true, then I will get with staff, we'll look at what they have and what they got from you with respect to estimates for return and we'll try to sort it out. CHAIRMAN HENNING: You're going to bring something back? COMMISSIONER COYLE: I'm not bringing it back, County Manager will be bringing it back. His staff provided the financial analysis. CHAIRMAN HENNING: Is that a direction? COMMISSIONER COYLE: I would suggest it be. MS. KINZEL: And Commissioners, maybe I can help a little. I'm looking at the portfolio, and Derek just walked in with a hard copy for the boss, but you currently have about 60 million out there until 2017. And remember, part of the issue is will interest rates go up, which is part of the portfolio management concept that we use. But you currently have 60 million as far out as '17, so I think we are managing that with the direction you just described. COMMISSIONER COYLE: Well, I did say go out to '17. But Page 116 March 11, 2014 nevertheless -- yeah, some of it go out to '17. But I just want to make sure that it is laddered out from the present time to five years from now. MR. BROCK: My concept, Commissioner, is and always has been to ladder the portfolio to come up to the average life of the securities in conformance with the makeup provided in the investment policy. COMMISSIONER COYLE: Okay. Can we get -- you communicate that investment policy to your investment manager, I presume, right? MR. BROCK: Sure. I think we communicate it to you all. COMMISSIONER COYLE: Okay. And where is he? MR. BROCK: My investment manager? COMMISSIONER COYLE: Who does that for you? MR. BROCK: I have people here that does it and I have one in Arizona that does it. COMMISSIONER COYLE: All right. And what does the one in Arizona do? MR. BROCK: He assists us with the investment of securities. COMMISSIONER COYLE: He executes the investments? MR. BROCK: He does. COMMISSIONER COYLE: Okay. All right, thank you. CHAIRMAN HENNING: Commissioner Fiala, you okay with that direction? COMMISSIONER FIALA: Uh-huh. CHAIRMAN HENNING: So am I. Commissioner Hiller? COMMISSIONER HILLER: (Nods head affirmatively.) CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yeah, Mr. Chairman, I would like to make one final motion on -- at least one motion on my part regarding Conservation Collier. And I think this executive summary Page 117 March 11, 2014 was brought forward indicating the desire to have a 10-year financial plan accepted by the Board. I would like to request and make -- I make a motion that we request staff to go back and take this financial plan that has been presented today and to clean it up and reconcile it a little bit to include but not be limited to separating out the PHU mitigation bank escrow funding so that that's clear. And I would also like them to include, as they did in their January presentation in public meeting, the baseline assumptions, so that everybody understands what the assumptions were. That includes inflation, interest earnings. I want to make sure that the properties underneath improvement and amenities include all of those that have a management plan, which each of them have, and contemplates an amenities or an improvements is included in that list, and that the maintenance costs are so differentiated between the properties that have an access and amenities plan and those that don't. And just give a little cleaner 10-year financial projection to the Board that's a little bit easier to work with and that we can find acceptable. COMMISSIONER HILLER: I second the motion. COMMISSIONER NANCE: I just don't like the one we have now. I think we can do a little better. I would be more than glad to work with anybody to assist in any way. MR. BROCK: Mr. Chairman, do you need me anymore? CHAIRMAN HENNING: I don't think so. MR. BROCK: Thank you. CHAIRMAN HENNING: Until we talk about the next topic. By the way, I have a meeting tonight to continue our conversation from prior, Mr. Clerk. MR. BROCK: I'm sorry? CHAIRMAN HENNING: I have a meeting tonight. We had a previous conversation, you and I, and I'm just telling you I have a meeting tonight. Page 118 March 11, 2014 MR. BROCK: Okay. CHAIRMAN HENNING: Okay, there's a motion. COMMISSIONER HILLER: I'll second it. CHAIRMAN HENNING: There's a motion by Commissioner Nance, seconded by Commissioner Hiller. 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: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER HILLER: Most important is the notation of the assumptions. MR. OCHS: Yeah, they're right on the spreadsheet, ma'am. We'll bring them back again. CHAIRMAN HENNING: Are we done with this topic? COMMISSIONER FIALA: Well, we have three more items that we haven't really discussed. All the rest of them that have to do with investments and so forth have been. But the three that we should be discussing, if not at this meeting then the very next one, is the money that we don't need any more for a bridge and to buy that land parcel instead. CHAIRMAN HENNING: And they're bringing that back. The County Manager is bringing that back. COMMISSIONER FIALA: And we don't need to have a time -- I mean, we're not going to lose the property because we -- Page 119 March 11, 2014 MR. OCHS: (Shakes head negatively.) COMMISSIONER FIALA: Okay, fine. Then the next one is about divesting the properties at this time, and consider divesting them -- or against divesting the properties at this time. And the last one is about eliminating -- and we've already discussed the eliminating so we don't have to worry about that anymore. The CCLAC. We're going to keep them. MR. OCHS: Yes. COMMISSIONER HILLER: That's already voted on. COMMISSIONER FIALA: So those are the two then you're going to bring back to us? The two that have to do with the buying the property and the -- and the conversation against divesting the properties. Or is that already -- I don't remember discussing that. I don't think we did. MR. OCHS: Neither do I. COMMISSIONER FIALA: No. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: So we'll -- that will be coming back for the next time, right? MR. OCHS: I'll bring you a list of the properties again and you can tell me if you want to keep them or get rid of them. CHAIRMAN HENNING: Well, I think staff has already taken a look at that and there's only one potential -- MR. OCHS: Yes, sir. CHAIRMAN HENNING: -- in the future. So that was discussed. My preference is, is to follow up with that in the future when it's right. Commissioner Hiller? COMMISSIONER HILLER: I think you should always look at, you know, acquisitions and sales -- or acquisitions and dispositions Page 120 March 11, 2014 when you're looking at a real estate portfolio. Because, for example, we could sell one that continues to keep that property in preservation but shifts the burden of the maintenance, for example, to the state. And then we could turn around and use that money to buy another parcel that might be less expensive to maintain or provide more public access. I don't think we should be close minded about these kind of things -- MR. OCHS: Mr. Chairman? COMMISSIONER HILLER: -- and we should just evaluate opportunities as they present themselves. I don't think it's a -- I don't think we should have an absolute policy one way or another. I think if an opportunity presents we should evaluate and consider accordingly at that point of time. But for right now we're just holding. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, I agree with Commissioner Hiller. And I think fortunately or unfortunately I'm responsible for some of that discussion on that. Because what I requested them to do is precisely what Commissioner Hiller just said. Find synergies between state and federal agencies, the way we can get these lands in conservation, shift some of the burden away from us, maybe do something that makes sense for another agency, swap properties around, give us something that has more access. So I would endorse that always. And that wasn't to harm the whole process, it was to engage actively with our partners that are involved in the same process we are to find synergies. Now we can do that with cost too. I think we can avail ourselves of the South Florida Water Management District on some of their bulk contracts for killing exotics or doing prescribed burns. There's all sorts of synergies that are available, and we need to look at them. COMMISSIONER HILLER: Absolutely. Page 121 March 11, 2014 Leo, take note. CHAIRMAN HENNING: Are you okay with that -- COMMISSIONER HILLER: The bottom line is that -- CHAIRMAN HENNING: -- Commissioner Fiala. COMMISSIONER FIALA: Yeah. COMMISSIONER HILLER: -- if there is no need to do anything, there's no need to bring it back. Only if there's an opportunity that makes sense should it be brought back. I mean, it's -- but it should be constant. I mean, the policy really is that staff should be continuously evaluating, you know, what is best to do with these properties. Because swapping it might be best in one instance, you know, going into maybe some joint management arrangement with some other agency. I mean, I can't even begin to describe all possible options. And I'm sure staff is doing that. Consciously. It looks like our director of parks says so. CHAIRMAN HENNING: We have a consensus on that, Leo. MR. OCHS: Yes, sir. CHAIRMAN HENNING: Next item? MR. OCHS: Yes, sir. Next item is public comment on general topics. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. MILLER: Mr. Chairman, I have two registered speakers. I believe the first speaker has left. Kenny Thompson? (No response.) MR. MILLER: And Fred Thomas. MR. THOMAS: My name is Fred Thomas. I'm representing Immokalee, especially the Immokalee Chamber of Commerce right Page 122 March 11, 2014 now. And I should have left also, but Nick Casalanguida said I didn't have to go to the CAC meeting, the joint meeting that I have to go to, for this. What I'm here about is very simple. We are helping the Chamber, through my wife, are helping Edgerrin James convert a facility to be more useful in the Black community of Immokalee. We went to see the staff at Horseshoe Drive and got all the directions we were supposed to get, what have you. We even got some engineers that developed drawings for us at half price and that kind of stuff to help us get the process right. And I took photos from all aspects of the facility. And it took staff only four weeks of what normally is about a three-month process to get us to the point where we can come in and give them the money for the conditional use, okay. My wife told me when she talked to them over the phone that the conditional use price was $530. So I had that. And I came over to do that, to pay that, and they said no, no, no, it's 5,000, that was only a deposit. Oops. Oops. So all the paperworks been done, everything's ready. In fact, if I had 5,000 in my pocket right now I can go pay this stuff and be out of here. And we're just asking for a waiver so that the money that he was going to use for computers, intelligent games and that kind of stuff would be in the facility to help these folks that have to go get on the bus, come over here to work in Naples and get on the bus and come back. Because it's going to house preschoolers and the kids going to school with the bus to come there, pick the kids up, take them to school, bring them back there. And they'll have a chance. Because you know, in Immokalee one of our problems is the parents don't have the time to properly prepare the kids for their future. And this could be a facility where that could happen. And that's why we're all so interested in making it happen. It's just the fee. Page 123 March 11, 2014 I mean, the staff didn't have to do almost anything because we took even the pictures, the photographs and all that stuff so that it was really ready. And I'm just asking, you know, for that help. And Nick said -- Leo Ochs said I need to come to you all, and Nick said I need to come to you all. And I'm just -- please help us out. CHAIRMAN HENNING: Yeah, there's no such thing as waiver of fees. It has to come out of somebody's pocket. MR. THOMAS: I'm sorry -- COMMISSIONER HILLER: So we could have -- MR. THOMAS: -- could you please give us the money to do it. COMMISSIONER HILLER: Leo, would that be acceptable, to issue $5,000 out of the general fund? MR. OCHS: It's a policy decision, ma'am. CHAIRMAN HENNING: And if we're going to make that policy decision, we should make it a public purpose and make it fair to everybody, if we're going to do that. MR. THOMAS: It would be similar to what you did in Everglades City with the water project. CHAIRMAN HENNING: With the what? MR. THOMAS: The water project that they did in Everglades City. CHAIRMAN HENNING: Water park? COMMISSIONER NANCE: Permitting fees on the municipal water in the City of Everglades. MR. THOMAS: Right. CHAIRMAN HENNING: And what did we do there? MR. OCHS: The Board I think waived -- forgave the fee. COMMISSIONER NANCE: Yeah, we forgave the fee. MR. OCHS: Forgave the permitting fee. COMMISSIONER HILLER: How much was that? MR. OCHS: I don't recall, ma'am. Page 124 March 11, 2014 COMMISSIONER NANCE: Mr. Thomas, I think in order for it to be considered, we need to take a look at exactly what you're asking us to forgive or waive so that we know exactly what it is, what the details are and what the amount is and so on and so forth. COMMISSIONER HILLER: Can I make a suggestion? Because it's not on the agenda and this is under public comment, could you just put it on -- you know, work with Mr. Thomas, come forward with a staff recommendation, work it through Leo, of course, you know, what he thinks is appropriate, and then bring it back. MR. CASALANGUIDA: Sure. If that's the Board's direction, ma'am. MR. THOMAS: Okay, I was just wanting to do it fairly quick so we can open it up before the school year is out. And we're not talking about near as much money as they did in Everglades City. We're talking about less than $4,800. CHAIRMAN HENNING: 44,800? MR. CASALANGUIDA: I'd have to look at what the fees are. MR. THOMAS: No, 4,800. It's less than that. And that was less than what it cost down in Everglades City, from what my investigation was. MR. CASALANGUIDA: Commissioners, as the County Manager pointed out, you are basically saying for nonprofits that you're considering putting in a fund that you would allow them to take out of the general fund and replace those Enterprise funds in 113, so -- COMMISSIONER NANCE: Mr. Thomas, does Mr. James have a nonprofit? Has he established a nonprofit to do this work through, or where is he out with that, sir, can you tell -- MR. THOMAS: He hasn't established nonprofit. He's just giving it out of his pocket. He's not looking for tax credits or anything like that. He's just trying to help the community. That's all he's trying to do. He's got -- all the land he owns -- COMMISSIONER NANCE: One of the things we need to know Page 125 March 11, 2014 is who it is that we're conveying money to for certain. MR. THOMAS: To the county. COMMISSIONER HILLER: Can I make a suggestion? Instead of having this detailed debate here, since this is under public comment, why doesn't growth management work with Fred to get all the details necessary to bring back a proposal that the Board can vote on. COMMISSIONER NANCE: Second. COMMISSIONER HILLER: Thank you. MR. THOMAS: Thank you very much. CHAIRMAN HENNING: Also in your motion, can you include the County Attorney? You know, I would like to -- COMMISSIONER HILLER: To work with the County -- go ahead. CHAIRMAN HENNING: I would like to know whether we're pre judging a zoning issue by -- COMMISSIONER HILLER: Waiving the fee? CHAIRMAN HENNING: -- waiving the fee, yeah, or whatever. MR. THOMAS: The zoning issue is not the issue. The staff has already said it's good, we can go. All we need is to pay the fee. CHAIRMAN HENNING: Okay. Well, my understanding, you're asking for a fee to waive for a conditional use which comes back to the Board. It is a zoning issue. MR. THOMAS: Oh, I'm sorry. COMMISSIONER HILLER: All right, I'll add that -- MR. THOMAS: It's been 20 years since I've been on the Planning Commission. I apologize. COMMISSIONER HILLER: I'll go ahead and amend my motion to include what you just said, Commissioner Henning. CHAIRMAN HENNING: Okay, discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by Page 126 March 11, 2014 saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? Aye. CHAIRMAN HENNING: Motion carries 4-1, Commissioner Henning dissenting. Item #10A THE COUNTY ATTORNEY TO ADVERTISE A HEARING TO RESCIND ORDINANCE 85-02 AND TO RETURN WITH A NEW ORDINANCE ESTABLISHING A FUNDING SOURCE TO FUND SEAWALL REPAIR AND/OR REPLACEMENTS COMMUNITY WIDE - MOTION TO DENY — APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 10.A, Board of County Commissioners. This is a recommendation that the Board directed the County Attorney to advertise a hearing to rescind ordinance 85-02 and return with a new ordinance establishing a funding source to fund seawall repair and replacements countywide. Commissioner Henning brought this item forward. CHAIRMAN HENNING: Yeah, the reason I put this on the agenda is, you know, when we make laws or policy decisions, it should be equal and fair to all. And if we're going to create MSBUs or MSTUs for seawalls and fund, we should provide that to all, including single-family homes. However, we do have an ordinance, a long-standing ordinance that makes seawalls that are not maintained for repair a Code Enforcement issue, actually a public nuisance. And I included some of Page 127 March 11, 2014 the previous actions by Code Enforcement on those. So either we're going to enforce it, the ordinance, or finance it. And so that's why I put it on the agenda. Besides, the ordinance really needs to be put on the agenda. I wanted to put it on the agenda so everybody's clear what that ordinance is. People have rights to transverse on waterways, and if you have a derelict seawall creating a nuisance to people that want to travel that waterway, it takes away somebody's liberties. So anyways, that's why I put it on the agenda. Commissioner Hiller? COMMISSIONER HILLER: Yeah, my understanding of that ordinance, and correct me if I'm wrong, Jeff, is that if there is a damaged seawall that the property owner has not repaired, that the county can go in, repair that wall and lien the property owner's site. So that it is actually being funded. And then of course, I mean, if the property owner doesn't, you know, pay off that lien we can foreclose that property. MR. KLATZKOW: I had the same understanding. COMMISSIONER FIALA: Say that again? I'm sorry. MR. KLATZKOW: I had that same understanding. COMMISSIONER HILLER: So essentially that the issue -- MR. KLATZKOW: It's public nuisance. COMMISSIONER HILLER: Right, and so -- exactly. And so the issue of funding is answered. CHAIRMAN HENNING: Okay. Can you tell me which section that is in? Because what I'm seeing is a $250 a day fine if-- COMMISSIONER HILLER: I don't have it in front of me. If you want to -- CHAIRMAN HENNING: It's on the agenda. COMMISSIONER HILLER: Yeah, I don't have it in front of me. I just don't have it in here, my book. Page 128 March 11, 2014 MR. KLATZKOW: In a public nuisance situation, ultimately, and it's very, very rare because they usually resolve through the code enforcement process, ultimately the county would have the right to go in there and do the work themselves. COMMISSIONER FIALA: Would you talk into your microphone. COMMISSIONER HILLER: Yeah, it's hard to hear you. MR. KLATZKOW: I'm sorry. In a public nuisance situation, the most common one would be a deteriorated home. We would start off with Code Enforcement proceedings. If we do not get voluntary compliance with that, eventually the county could go in there, do the repairs, and then go back to the owner. If that wasn't paid, then eventually they could lien the property. If that wasn't paid, eventually they would foreclose on the property. That's a very rare procedure that we do. CHAIRMAN HENNING: That's not in the ordinance, though. It only provides for the Code Enforcement Board to exercise its authority by applying up to $250 a day. MR. KLATZKOW: By declaring it a public nuisance, I believe it also brings in the type of action -- CHAIRMAN HENNING: No other ordinances say that, that the board -- it's like our weed ordinance, that a board -- I mean, the county can go in there. It's actually within that ordinance, the county can go in there and cure the problem and put a lien on the property. I'm just not seeing it in the ordinance, so I'm trying to figure out COMMISSIONER HILLER: I thought it was. Keep scrolling. Isn't it -- I thought it was in the ordinance. MR. KLATZKOW: I think it brings in our public nuisance ordinance. And I think by implication all the powers that the Code Enforcement Board would have and by implication I think ultimately Page 129 March 11, 2014 you could, once you declare it a public nuisance, do the remedies that we've talked about. It's very, very rare that we get there. COMMISSIONER FIALA: Has it ever incurred? MR. KLATZKOW: Public nuisance? Yes. COMMISSIONER FIALA: On a seawall? MR. KLATZKOW: On a seawall, no. To my knowledge, no. COMMISSIONER HILLER: Keep going. CHAIRMAN HENNING: Commissioner Fiala, if you want to go next and get that answered. COMMISSIONER FIALA: Yes, I was just -- I realize that this is all about this particular thing, but these people are asking to repair the seawall. They're asking to fix it and they're asking for a way to be able to fund it themselves to get that job done. And I think that's what we're here for. I know I as a commissioner feel that we're here to serve our community. We're here to help them accomplish some of the things they want to do. If they want to bury electric lines, maybe nobody's ever done it before, but we'll help them to do that, because that's something that's important to them. And I think in each case, whether it be to eliminate stormwater problems or to put in beautiful landscaping, if they want to do it and they don't have the funds, we give them an opportunity to apply for an MSBU, they pay for it themselves, and we're just giving them the way to that MSBU. That's all it is. And I think that this is -- I don't know why we have to remove this ordinance. MR. KLATZKOW: I thought the purpose of this -- and maybe I misunderstood when I read the executive summary -- was to create a financing mechanism for everybody. CHAIRMAN HENNING: To be equal to everybody. MR. KLATZKOW: Equal to everybody. CHAIRMAN HENNING: Yeah. MR. KLATZKOW: So that you wouldn't have to go in, create an Page 130 March 11, 2014 MSBU and fix the problem. The county would have a global ordinance that people with seawall problems would come to for help from the county. That's what I understood the executive summary to be getting at. COMMISSIONER FIALA: And then what kind of-- you create an ordinance for what? So we have -- the county then has to put money aside to do this, is that what you're saying, rather than create an MSBU? I'm just trying to figure out what you're saying. I have to understand. COMMISSIONER HILLER: Under other enforcement remedies and penalties, it talks about foreclosure of liens. CHAIRMAN HENNING: But it doesn't talk about repairing, it talks about a Code Enforcement up to $250, so -- COMMISSIONER HILLER: No, that's in addition. In addition to that. It goes on to say that this constitutes a misdemeanor, that every day this it isn't done constitutes a separate offense, and that in addition that the Board may take any other lawful action in any court of competent jurisdiction necessary to prevent or remedy any failure ore refusal to comply with any of the provisions of this ordinance. Such other lawful actions shall include but shall not be limited to inequitable action for injective relief or action at law for damages or foreclosure of liens. So basically what that means is that they can -- we can go in, repair the wall and lien the property and foreclose on the lien if they don't pay up. COMMISSIONER FIALA: Instead of them doing it themselves you mean? COMMISSIONER HILLER: Right, right. COMMISSIONER FIALA: Why would we want to do that? COMMISSIONER HILLER: No, no, we can. Because if it creates a public hazard and we have to repair the wall because it is a public hazard, we can choose to do that. We don't have to but we can Page 131 March 11, 2014 choose to. What it says is that if the wall has to be prepared -- has to be repaired, we have a number of options on how to remedy the situation. COMMISSIONER FIALA: And you're trying to eliminate that? COMMISSIONER HILLER: If the disrepair rises to the level of a nuisance, you know, of a public safety issue. CHAIRMAN HENN ING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, the -- I don't know how the County Attorney arrived at his understanding of the intent of this particular proposal. Because it clearly says that in the fiscal impact this proposal will cost the county $1,626,324,500. COMMISSIONER HILLER: It won't. COMMISSIONER COYLE: And what Commissioner Henning is asking for is the county to establish a fund that will take care of all the seawalls in the entire county and treat everybody exactly the same. And of course we all know that that's impossible. COMMISSIONER HILLER: But there's also no need. COMMISSIONER COYLE: Then there's no need, that's right. Rather than a simplification, this proposal essentially stonewalls the initiative of citizens to take care of their own property. It places obstacles in front of communities that want to make improvements, and it accomplishes nothing toward getting it done. First of all, we're -- I'm not going to vote for funding all of the seawall repairs in Collier County by the government or by the general fund. The other assumptions here are totally false. The La Peninsula project has not been assumed as a responsibility by Collier County government, it's being paid for by the residents of La Peninsula. I don't know how people keep making these allegations that it exposes all the taxpayers in Collier County to these expenses. It does not. Underlined, it does not. And we heard that from our auditors today when they presented the results of the audit. Page 132 March 11, 2014 So this proposal accomplishes absolutely nothing except to force us to debate whether we want to eliminate the individual citizens' right of initiative to take care of their own property. I see no way to do that. What are we going to do, by the way, with dredging of the canals in the cities and the county? Suppose the people who live on those canals want to dredge them deeper because they're getting felted in. Is the county supposed to pay for that? What if the residents get together and tax themselves to do it themselves? What's wrong with that? COMMISSIONER FIALA: They're already doing that in Haldeman Creek. COMMISSIONER COYLE: That's exactly right, in Haldeman Creek. We had a community in North Naples that had a pond that was overgrown and polluted and had a lot of trash in it. The people wanted to improve it. They taxed themselves and they improved it. Collier County shouldn't bear the cost for those kinds of things. And there's no need to change any ordinances, we're doing quite well here. And one final comment: Any attempt to develop a single ordinance which will take care of all the future infrastructure improvements for seawalls or anything else are doomed to failure. There's no way to anticipate all of the kinds of needs of our community. We have to deal with them one at a time. And that's the way our ordinances are set up. So I can't support this. It's a waste of time even to discuss this. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. Actually, I don't mind having this conversation because I think it is provocative and I think it speaks to problems that we're likely to have, and so I actually welcome this discussion. I don't want to go through a word by word on this ordinance, but I will remind the Commissioners what we have done in the past with MSTUs and communally owned private infrastructure. Page 133 March 11, 2014 One of the things that we've done on several occasions where we've had private roads, roads that are privately owned that were improperly maintained and became a risk to health of the neighbors, we took that communal infrastructure and we told the owners in those areas that if they did not repair it at their own expense we were going to impose an MSTU on them. And in fact we have done that more than one time. We have actually one going on right now. So on a situation where you have a condominium on a piece of land, if those people commonly ignored maintaining their seawalls and they fell in the waterways, the navigable Waterways, we've actually in the past gone in and said look, if you're not going to do this, we're going to put an MSTU on you against your will and we're going to mandate that you take care of this public health and safety hazard. Not that I'm saying that's a good thing to do but I'm saying we have done things like that in the past. We've also participated with public monies. On Hideaway Beach we went in and we made a proportional determination on what our responsibility was on constructing and paying for T-groins with TDC money, and we participated with those people that had a special assessment made to renourish their own private beaches and I believe pay for a portion of the T-groins. So they actually had an MSTU I believe with Marco Island to take care of their own needs. So the idea that we have never had MSTUs involving marine things is simply not true. Now, the reason that I have a greater concern over just this one issue is that almost all of the seawalls and marine infrastructure in the State of Florida has been built since 1960. You do an evaluation and you find as soon as people started moving in here in the ways that they did starting in the late Sixties and early Seventies, that's when all this stuff was built. Marco Island, a great deal of it was built in 1965. I believe the La Pensi wall was built in and around that time. All of this infrastructure is going to have to be replaced. It is Page 134 March 11, 2014 going to put a tremendous burden on individuals, it's going to put a tremendous burden on communities, much as Commissioner Coyle has described, with dredging and other inland waterway maintenance and so on and so forth. So I just think we should have an open mind and try to develop a mechanism where government can assist people to pay for what they rightfully should pay for and/or what it is they think they need to take care of. I don't see anything more American than allowing people to pay for what they want. If it costs nobody else any money, I think it's a good concept. I think the MSTU concept is a good one and we've used it for many, many things successfully and we've had universal acknowledgment it's produced great results, and I haven't heard anybody, frankly, complain about an MSTU -- I've never had anybody complain about an MSTU that somebody else was funding, never. So CHAIRMAN HENNING: Commissioner Fiala, then Commissioner Hiller. COMMISSIONER FIALA: Thank you very much. You're absolutely right. Boy, I agree with you, with Commissioner Hiller, with Commissioner Coyle. You all have said it beautifully. We do have a mechanism in place for people who want to help themselves to better their community to make it a better place to live. Whatever they want to do, we help them to do that. That's our -- that's what we're here for is to serve our community. And not ourselves, to serve our community. And in this particular instance, to determine the immediate needs for all of the seawall repairs and replacements, can you imagine how much that's going to cost us just to have people going out to do that and then -- and of course we're not going to pay for that, the taxpayers are going to pay for it. And why should we charge the taxpayers when somebody wants to go in and fix their own problem? I just don't Page 135 March 11, 2014 see any need to do that. So I make a motion to deny. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: There's a motion by Commissioner Fiala and second by Commissioner Coyle to deny the action. Commissioner Hiller? COMMISSIONER HILLER: Yeah, this situation with the seawall is no different than culverts that private property owners have a duty to maintain in order to ensure that our tertiary drainage system is working. Because very clearly, if it isn't, there is a public health, safety and welfare implication. And what we do in the case of culverts, if someone does not have a culvert or has a culvert that has failed due to neglect, we give them notice, tell them that they need to get it done. And if they don't, we will get it done and we will impose a lien that they have to repay. We do it, it works, and it's necessary. The mechanism for these other seawalls is in place. We don't have to fund anything to ensure that what needs to get done is done. The issue with the MSTU is very different because it's as Commissioner Fiala pointed out, there what we're looking to do is one, ensuring that there is a valid primary public purpose for the creation of that MSTU, and then allowing whatever the cost is to be paid back by the individual property owners that are being directly benefited by that improvement. There has to be a link between the improvement and the cost and who is benefited. And that's basically how it's works. So it's not like anyone else is paying for the improvement that only benefits a few. The few that are benefited are bearing the burden. CHAIRMAN HENNING: Do we have one -- MR. MILLER: Yes, we have one registered speaker. Kathleen Bruns. MS. BRUNS: Thank you so much. I just need to say, you said it so much better than I could that I'm Page 136 March 11, 2014 not going to speak at this point. Thank you very much. CHAIRMAN HENNING: Thank you. Yeah, I see where there could be confusion on my executive summary. Obviously I need to rework it and bring it back. And I'm sure Commissioner Fiala, you want to be fair to everybody; is that correct? COMMISSIONER FIALA: That's absolutely right. CHAIRMAN HENNING: So, you know, the fiscal impact is a true statement based upon La Peninsula's needs. Whether it's an MSTU or anything involving the county, the general taxpayer is exposed. Because that MSTU, that financial mechanism, whatever it may be by government, it goes on directly to our debt and it speaks directly to our bond rating. So I'll clean it up and bring it back as a different item. Any further 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. Next item? Item #11B CHANGE ORDER #5 TO CONTRACT #10-5541 WITH PARADISE ADVERTISING AND MARKETING, INC. FOR UP Page 137 March 11, 2014 TO AN ADDITIONAL $1 .5 MILLION IN MEDIA AND PRODUCTION BILLING AT A NEGOTIATED GROSS RATE OF 10% AGENCY COMMISSION AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CHANGE ORDER AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — APPROVED MR. OCHS: This next item's 11.B. It's a recommendation to approve change order number five to contract 10-5541 with Paradise Advertising and Marketing for up to an additional one and a half million in media and production billing at a negotiated gross rate of 10 percent agency commission, and authorize the Chairman to execute the change order to make a finding that this expenditures promotes tourism. Mr. Wert will present. CHAIRMAN HENNING: Do you want to say something right now? MR. OCHS: If you want a presentation, sir. COMMISSIONER NANCE: Motion to approve. COMMISSIONER HILLER: I'd like to make a comment. CHAIRMAN HENNING: Yes, Commissioner. COMMISSIONER HILLER: I have a real problem with this. I completely support funding tourism, advertising and promotion, because it does go to economic development. What I have a problem with is change orders of this magnitude to a contract which should have been put out to bid at a completely different price point. We go through this every single year that you put out the Paradise -- or what ends up being the Paradise contract at a substantially lower price point and then you come back and you change order it up consistently. That is just not acceptable. We are not going to give people the opportunity to come in as low bidders and then make these changes. Page 138 March 11, 2014 I mean, this happens every single year. I can't support it for that reason. It's a million and a half dollars. Put it out to bid. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: And again, going back, if this contract comes back to this Board again at that lower price point and we get a low bid and then it gets change ordered up to the tune of millions, I will not support it. And this is not the first time this has happened. And I don't care what the explanation or the reason is or the terms are, it's just not fair. It's not how we do business, or not how I will accept business being done. CHAIRMAN HENNING: Mr. Wert? MR. WERT: I will just make one comment related to the amount of the contract with Paradise Advertising. When this was bid, our budget was $2 million for destination marketing. That's how it went out. The change orders that we've had over the last four years have gone down in the amount of money each year from 800,000 to 100,000 last year. And the reason for those change orders in each and every case was we were going through almost a three-year process to identify ways to find more destination marketing dollars for our area to be competitive. What we were doing was each year where we ended up with a surplus amount of revenue from the marketing dollars that we used and the new people that we brought, we asked the Board to recognize that revenue. It all came from our fund; we didn't transfer it from any other funds, it was all dollars that we generated from more visitors coming to the area. And each time, yes, because of the way that contract is set up, we do have to ask for a change order in order to spend those dollars to do exactly what all five of you have helped us do over the last period of years is to find more dollars to bring more people to the destination. And we've done exactly that. Page 139 March 11, 2014 What we're looking at here is a combination of things. We finally did last spring come to an agreement on how to reallocate the tourist development tax. And it did generate and has been generating more dollars for destination marketing in our fund 184 since July of last year. With that in hand and you had approved that reallocation of funds, we anticipated what the additional revenue was going to be, we wrote the marketing plan which you approved last October. You approved our budget which had $3.5 million in it for destination marketing and that's how the budget was approved. All we're really doing now is saying okay, we've allocated the dollars, we have approved the uses for those dollars. Now we're simply saying because of the contract, the way it's set up says we need to come to you to be able to spend those dollars. That's all we're saying. To your point about the contract, will it come back at the same $2 million, this is the end of our agreement with Paradise Advertising at the end of this fiscal year. We intend this spring and summer to rebid destination marketing services, and we will look at what our current budget is for destination marketing, and at this point in time it's $3.5 million. If nothing changes, that's what that RFP would go out at. If it's more than that, and frankly I anticipate by the end of the year we're going to have generated more dollars than we projected, the budget office projected we would. And I think based on all I've heard from all of you, we want to invest as much as we can in destination marketing. So that RFP will go out with the then current budget for destination marketing, just as it did back in 2010 when this was bid when it was only $2 million. COMMISSIONER HILLER: I thank you for your explanation, Jack. Again, it's a million and a half dollars. This should be put out to bid. It's not a change order. CHAIRMAN HENNING: Commissioner Nance? Page 140 March 11, 2014 COMMISSIONER NANCE: Well, you know, I share Commissioner Hiller's concern about this. And, you know, I went in, I looked at it, worked through it with the TDC, and the contract that we have with Paradise Advertising has been written to be an open contact in this manner. What's being proposed is exactly what's in the signed contract we have with him, with the methodology that we have. I agree, and I frankly am a little bit uncomfortable with the whole unknown amount of money that we spend through the collection of the tourist development tax, but I don't know how to get around it. I just don't know how to deal with it. You know, I've been pretty tough on Mr. Wert here, beating him up on his administrative costs. Because, you know, I kind of want him to toe the line and be a sharp manager and so on and so forth, but I don't know how you do it when you don't know how much revenue you have. COMMISSIONER HILLER: Well, we're not obligated to give him this change order. This is subject to our approval. And it should -- a million and a half should be put out to bid. CHAIRMAN HENNING: Jack -- or I guess County Manager, why can't we put requests for proposals out based upon what the ordinance said, and that's an allocation amount with the historical dollar amount? In other words, what is it, 25 percent of the tourist tax? MR. WERT: The total for destination marketing now with that reallocation, it's about 47 percent. CHAIRMAN HENNING: Okay, whatever the percentage is, that's what it should be based on. MR. WERT: True. CHAIRMAN HENNING: Not only the bid, but the -- or the RFP, but also the contract. So we're not having to do -- because it could go down. Our income could go down. So then you're stuck with a contract saying you've got a contract for $3.5 million and we Page 141 March 11, 2014 don't raise that kind of money in one year. COMMISSIONER HILLER: They usually put it up to -- MR. WERT: There is always an up to. COMMISSIONER HILLER: -- in that kind of situation. MR. WERT: And a clause that if we don't collect, we can't spend that money. CHAIRMAN HENNING: It should be based upon the percentage. Commissioner Fiala? COMMISSIONER FIALA: Yeah, and when we discussed it in 2010, of course we were -- MR. WERT: Struggling. COMMISSIONER FIALA: -- just trying to pull ourselves out of a recession. MR. WERT: We truly were, yeah. COMMISSIONER FIALA: Desperately needed some tourism. But that's all the money we had to play with. Excuse me, this pine pollen is driving my allergies crazy. COMMISSIONER HILLER: Oh, isn't it terrible? I agree. COMMISSIONER FIALA: Anyway, but I think it would be rather difficult to go out to bid now, because you've got one company that's already had the theme for us. To bring another company in, they'd have to go all through that again. They can't use the same ones that we already have in place. I think we ought to continue with what we have. We have no idea how much money we'd get, and here we go. So I would have to go along with this. CHAIRMAN HENNING: Commissioner Nance, you made a motion? COMMISSIONER NANCE: Yes, sir. CHAIRMAN HENNING: There wasn't a second, if I don't recall (sic). Page 142 March 11, 2014 COMMISSIONER NANCE: There was not a second that I heard, sir. CHAIRMAN HENNING: All right. So it dies -- COMMISSIONER FIALA: What was the motion, sir? CHAIRMAN HENNING: It dies for a lack of a second. Is there another motion? COMMISSIONER FIALA: Yeah, I'll make a motion to approve. CHAIRMAN HENNING: Is there a second? COMMISSIONER NANCE: Second. CHAIRMAN HENNING: Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HILLER: Aye. CHAIRMAN HENNING: Aye. Motion carries 3-2, Commissioner Hiller and Commissioner Henning dissenting. MR. WERT: Thank you, Commissioners. Item #11C A CONTRACT WITH TKW CONSULTING ENGINEERS, INC., IN AN AMOUNT NOT TO EXCEED $1,429,676 UNDER REQUEST FOR PROPOSAL NO. 13-6020, "NORTH COUNTY WATER RECLAMATION FACILITY ELECTRIC RELIABILITY AND MECHANICAL OPERATIONS UPGRADES," PROJECT #73950 — APPROVED Page 143 March 11, 2014 MR. OCHS: Item 11.0 is a recommendation to approve a contract with TKW Consulting Engineers, Incorporated in an amount not to exceed $1,429,976 under Request for Proposal Number #13-6020. It's the north Collier water reclamation facility, electric reliability and mechanical operations upgrade. Mr. Chmelik, your Director of Planning and Project Management, is prepared to make a presentation or respond to Board questions. Pleasure of the Board. CHAIRMAN HENNING: Pleasure of the Board. You want a presentation? COMMISSIONER FIALA: Well, I'd like to just make a motion to approve. CHAIRMAN HENNING: Motion by Commissioner Fiala. Seconded by? Commissioner Henning. Anybody want to see the presentation? (No response.) CHAIRMAN HENNING: I would -- thanks for your time the other day. It's very enlightening. You stated that this was part of the consent order for DEP, or something similar to those words? MR. CHMELIK: Yes, Commissioner Henning. Tom Chmelik for the record. This RFP actually includes two projects. One is bringing the electrical service for the north half of the north treatment plant up to Class I reliability standards of the EPA. And yes, that was part of earlier FDP direction. CHAIRMAN HENNING: Okay. Can you provide that correspondence to me in the future? MR. CHMELIK: Yes. COMMISSIONER FIALA: Maybe to all of us would be good. CHAIRMAN HENNING: All right, there's a motion and a second on the floor. Page 144 March 11, 2014 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. CHMELIK: Thank you, Commissioners. COMMISSIONER HILLER: Before we go on to the next item, I just want to ask a question of the County Attorney related to 11.B. I don't recall if this is in -- or maybe the County Manager. I don't know if it's in the current -- or in the proposed purchasing manual or if it's in the ordinance, because we've been working on all these issues it's kind of like muddled in my head. But if my memory serves me correctly, either it was included or we were going to propose, and that's where I need clarification, that change orders in excess of a specific percentage of the original contract I thought was -- were going to go back out to bid. Because I know we had discussion with that with Mr. Casalanguida, you know, related to his contracts in that regard. Do you remember -- or just help refresh my memory. It's kind of like -- MS. MARKOWITZ: Joanne Markiewicz, Purchasing Director. In the ordinance itself it's 10 percent comes back to the Board prior to execution of the change order. COMMISSIONER HILLER: So if it's 10 percent -- if it's in excess of 10 percent of the original contract, it has to come back for Page 145 March 11, 2014 Board approval, not that it has to go back out to bid? MS. MARKOWITZ: That's correct, Commissioner. COMMISSIONER HILLER: I remembered something, I just don't recall what it was. Okay. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER HILLER: And I think maybe we need to evaluate that and consider bidding. MR. KLATZKOW: It's hard. I mean, if you've got an existing road project that's -- COMMISSIONER HILLER: Yeah. MR. KLATZKOW: -- over-budgeted, I don't know how you rebid it. COMMISSIONER HILLER: Yeah, I can see that in the -- MR. KLATZKOW: The balance of the change orders coming to you. COMMISSIONER HILLER: But it's something we -- maybe there's something that we can look at, because it's a serious concern to me. COMMISSIONER NANCE: I certainly support it, Commissioner Hiller, to have a discussion on this, particularly these items where we don't know what the expenditure is. I think we need to have an option -- COMMISSIONER HILLER: But -- MR. KLATZKOW: You have to -- COMMISSIONER NANCE: -- to encourage -- you know, in this particular issue here we got a concession with a reduced agency commission on the additional monies. I think those should be included in those open contracts, for example. I think we should mandate, you know, reductions in commissions or something. There's certainly ways we can construct it on these open contracts. COMMISSIONER HILLER: But we don't even know that the commission that we're receiving is lower than what the competition Page 146 March 11, 2014 might offer, because this hasn't gone out to bid. And the statement that you made that we don't know what the expense will be is not true. Because if we have an idea of what the revenue stream is, we can spend more because we direct that more will be spent. It is not the same like building a road. This is not a construction project. This is truly a variable project where we can add or subtract as we choose. CHAIRMAN HENNING: Can we do this under commissioner comments? We already -- COMMISSIONER HILLER: Yeah, but this is -- CHAIRMAN HENNING: -- voted on that item. COMMISSIONER HILLER: I wanted to go back to it, because I just wanted to make sure we fell within the boundaries -- CHAIRMAN HENNING: You can't go back. COMMISSIONER HILLER: Well, I wanted to make sure that what we -- CHAIRMAN HENNING: We can't reconsider it either. COMMISSIONER HILLER: Not reconsidering. But if they voted incorrectly against the law, it should be on the record. CHAIRMAN HENNING: That's why we hired this guy over here. What's the next item? COMMISSIONER HILLER: I want a salary share with you. Item #1 1 D AN AFTER-THE-FACT SUBMISSION OF A LETTER OF INTENT TO THE FLORIDA DEPARTMENT OF VETERANS' AFFAIRS, INDICATING COLLIER COUNTY'S INTENTION TO SUBMIT A SITE SELECTION CRITERIA APPLICATION TO BE CONSIDERED FOR THE LOCATION FOR THE STATE'S PLANNED SEVENTH STATE VETERANS' HOME — APPROVED Page 147 March 11, 2014 MR. OCHS: Next item is 11.D. It was previously 16.D.9. And that is a recommendation to approve an after-the-fact submission of a Letter of Intent to the Florida Department of Veterans Affairs indicating Collier County's intention to submit a Site Selection Criteria application to be considered the location for the State's planned seventh State Veterans' Home. Commissioner Nance has moved this to the regular agenda. CHAIRMAN HENNING: So he can make a comment. MR. OCHS: Yes, sir. CHAIRMAN HENNING: So let's hear it, Commissioner Nance. COMMISSIONER NANCE: Yes, I would first of all like to make a motion to approve the submission of the Letter of Intent. CHAIRMAN HENNING: Is there a second? COMMISSIONER FIALA: Second. COMMISSIONER NANCE: What I would like to say is this, and the reason I brought this up is I believe this was so important. I'm talking to Mr. Greg out there in the audience with the Naples Daily News. This is a huge opportunity for Collier County and a very, very important project. But in order for us to do it in a short timeframe and to qualify, what they're suggesting that they want for this seventh State Veterans' home is 20 acres -- like a donated site of 20 acres, $500,000 in monies. They're looking for deferrals of impact fees, they're looking for fill, they're looking for basically a shovel ready site for a 120-bed facility that's going to construct -- $17 million to build, having a $7 million a year budget and employ 190 employees. Not only would this be a wonderful service for our veterans, and we have many aged veterans in this community, but this is almost like an economic development project. And I just want to say that in order for us to be able to be Page 148 March 11, 2014 competitive to gain this seventh home, in my view we're going to need to have everyone in our community support this, including the Chamber of Commerce, our leaders, private interests, veterans groups. And, you know, hopefully this is going to get some publicity and get people to step forward and help the county in this effort. Because I think this is an absolutely wonderful, wonderful opportunity. I know I have veterans in this town that travel as far away as Gainesville to the VA Hospital up there to get service. There's not enough services. We need it. This would be terrific. I hope we really push as much as we can for it. CHAIRMAN HENNING: Well, thank you. It was well said. 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. COMMISSIONER FIALA: Commissioner, would the gentleman that stayed here all day long that drove in from Washington want to say something? COMMISSIONER HILLER: He spoke. CHAIRMAN HENNING: Oh, he's still here. He didn't sign up to speak. MR. VIA: I signed up. CHAIRMAN HENNING: You did? MR. OCHS: He spoke this morning. MR. MILLER: He signed up and spoke earlier under the agenda approval item earlier in the day. COMMISSIONER NANCE: He was kind enough to leave his Page 149 March 11, 2014 cards. Any of you that would like his cards, I have some, you're certainly welcome to one, and contact Mr. Via. MR. VIA: Thank you. There is also an extra $30 million available from the National Department of Veterans Affairs. We did use some of that at the home in St. Augustine. And at the time the director of Department of Veterans Affairs here in Florida was Admiral LeRoy Collins. And with respect to the bicycle riders, he was killed on his morning ride a month before the dedication of that home. But he got extra funding from the Federal Veterans Affairs to make that a two-bed per room facility instead of a four-bed ward. So there is extra funding available. COMMISSIONER HILLER: So we should apply for that? MR. VIA: Well, that would be through the Veterans Homes. COMMISSIONER HILLER: Through Veterans Homes? MR. VIA: Right. COMMISSIONER HILLER: Will you work with us to make that happen? MR. VIA: Say again? COMMISSIONER HILLER: Can you help us? MR. VIA: I actually live in Naples, but I happen to be a national vice commander of the AMVETS. So we do have -- I do have a legislative officer in the State that is in Tallahassee a lot. And we also have a VA rep, which is the same guy. And we can sure work on helping. COMMISSIONER HILLER: That would be great. And what I had also asked, because Mr. Via and I spoke earlier, is that if he would kindly send images of the St. Augustine facility to you, Leo, so you can see what they did and what it looks like, so we can have an idea in our mind. And if you could stay in touch with our County Manager, that would be awesome. Because you could help us through the process Page 150 March 11, 2014 and turn this into a reality. COMMISSIONER FIALA: That's great. COMMISSIONER HILLER: With your help behind it, I'm sure it would be that much better. MR. VIA: Very good. COMMISSIONER HILLER: Thank you for coming. And I love your tie. MR. VIA: And remember, hire vets. COMMISSIONER HILLER: What's that? COMMISSIONER FIALA: Hire vets. MR. VIA: Hire vets. COMMISSIONER HILLER: Oh, yeah, definitely. No question. COMMISSIONER FIALA: Commissioner Hiller, that was great. I'm glad you've been working so closely. And maybe the County Manager can send us all a picture of it too so we have a general idea. COMMISSIONER HILLER: Yeah, yeah, that would be a great idea, Leo. Once you get the information, send it to us. But the idea of having two instead of four bedrooms is nice. That would be a real asset to our vets. 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. Item #12A Page 151 March 11, 2014 THE BOARD OF COUNTY COMMISSIONERS RESCINDING ITS DIRECTION THAT THE COUNTY ATTORNEY WORK WITH THE CLERK TO OBTAIN AN ATTORNEY GENERAL OPINION AS TO THE LEGALITY OF THE LA PENINSULA MSBU ORDINANCE AND INSTEAD DIRECTS THE FOLLOWING: (1) THAT THE LA PENINSULA CONDOMINIUM ASSOCIATION PAYS THE COUNTY IN ADVANCE FOR THE ESTIMATED COSTS TO BE INCURRED; (2) THAT THESE FUNDS BE HELD IN TRUST FOR LA PENINSULA CONDOMINIUM ASSOCIATION IN A SEPARATE FUND AND NOT BE CONSIDERED PUBLIC MONEYS; (3) THAT UNTIL THERE IS A JUDICIAL DECISION ON THE BOND VALIDATION PROCEEDING, ALL EXPENDITURES IN CONNECTION WITH THIS MSBU BE MADE OUT OF THESE PRIVATE FUNDS; (4) THAT IF ADDITIONAL MONEYS ARE NEEDED, THEY COME FROM THE SAME SOURCE AND BE DEPOSITED IN THE SAME ACCOUNT; AND (5) THAT IF, AND ONLY IF, THERE IS A JUDICIAL DECISION ARISING OUT OF A BOND VALIDATION PROCEEDING WHICH UPHOLDS THE LEGALITY OF THE ORDINANCE AND THE FINANCING, THEN AT THAT POINT THE MONEYS PREVIOUSLY PAID COULD BE REIMBURSED TO THE CONDOMINIUM ASSOCIATION AS PART OF THE FINANCING — APPROVED MR. OCHS: Takes us to Item 12.A, Mr. Chairman. That was previously 16.K.3. It's an item from the County Attorney relative to the La Peninsula MSBU ordinance. MR. KLATZKOW: Do you want a discussion from me or just questions? CHAIRMAN HENNING: Well, Commissioner Fiala pulled the item. Maybe she can explain her concerns. COMMISSIONER FIALA: Yes. Well, actually, the La Page 152 March 11, 2014 Peninsula people asked me to pull it and so I said I would. And would one of you like to come up and talk about it? CHAIRMAN HENNING: Do we have any registered speakers? MR. MILLER: Yes, I have two. I have Abbe Gault and Kathleen Bruns. MS. GAULT: I'm going to let Kathleen speak. Thank you. MS. BRUNS: Thank you for the opportunity to address you again. Hurdles have been created and continue to be created that normally don't exist for MSBUs or TUs. And under this proposal it says the La Peninsula Condominium Association pays the county in advance for the estimated cost to be incurred. It's my understanding that you created the MSBU for the property openers that live within La Peninsula, not the association. In fact, it's my understanding that an association cannot be given an MSBU. Private individuals are asking for this to happen, not the association. I'm asking that the La Peninsula MSBU be treated like other approved MSBUs/TUs in Collier County, and that you permit us to move forward in partnership with the county to repair or replace a seawall that does have a primary public purpose. I understand any governmental entity in the State of Florida that plans to issue debt has the option of validating its bonds in the circuit court in the county where the entity is located. The validation of debt is voluntary under state statutes with the result having a court determine or validate the issuer's authority to incur bonded debt and the legality of all related proceedings, including the taxes or revenues to be pledged as security for the indebtedness. Municipal home rule powers in the state constitution provide municipalities with broad authority to incur indebtedness, and most bonds are issued without a court determined validation. However, the Page 153 March 11, 2014 bond validation process provides an additional level of protection by having the Court's action forever conclusive. So this brings us back to the question of: Is there an equitable or unbiased reason to single out the La Peninsula MSBU to seek advanced funding, or can you follow the long-standing determination that loaning money to an MSBU would serve a county purpose or dual purpose of both the county and the MSBU. Thank you very much. CHAIRMAN HENNING: County Attorney? MR. KLATZKOW: I'm not sure I understand. If you don't mind, maybe you can help me understand. We had gotten a check from you good people and the Clerk returned it because at that point in time there was no advisory board. I'm just asking for that check back. That check back was the advanced payment. It was always the understanding that the residents would be paying, that there would be no taxpayers monies utilized. The Clerk and I are indifferent -- and I hate to speak on his behalf, but we're indifferent if it's the condominium association check or private individual's checks. But that was always the understanding, that it was going to be the community's money utilized. And it was always the understanding that once we got the bond financing in place that prepayment as it were would get rolled into the bond payment and at that point in time you could be reimbursed. So this executive summary is no different than the way we originally set this up. MS. BRUNS: I guess I am questioning the language, because it is my understanding that an MSBU cannot be given to an association. I may be wrong on that. Certainly there are attorneys in the room that know far better than I. COMMISSIONER HILLER: The issue isn't whether the MSBU is going to an association. The issue is who is making that payment to cover those expenses -- Page 154 March 11, 2014 MR. KLATZKOW: There's got to be a certain clause. COMMISSIONER HILLER: -- it doesn't matter who it is. MS. BRUNS: Then I guess I would ask that you treat us no differently than any other MSTU or BU where you might want to do a bond validation. If in another case like ours you would say, all right, you have to pay this money upfront and if it goes forward and if you prevail then the money would be -- MR. KLATZKOW: Yeah, but now we're changing the deal. Because I was at those finance committees when this was discussed and brought -- MS. BRUNS: Well, I wasn't, I'm sorry. MR. KLATZKOW: -- and brought forward. COMMISSIONER HILLER: Are you speaking on behalf of anyone in particular or just yourself? MS. BRUNS: I'm just the chair of the advisory Board for the MSBU at La Peninsula. And so I am just trying to understand the language that came forth. I mean, I just actually saw it today and that's why you saw me scribbling. But -- so I'm just questioning because I don't know how this actually happens. I know that there was COMMISSIONER HILLER: I guess the question is is why are you arguing something, if the association is willing to advance the monies as they did before under the terms that the County Attorney is describing, is that the money has to come from some source, then, you know, why are you going against that source of funds? I mean, if they've agreed to do it, why are you opposed to it? MS. BRUNS: Only because I'm not sure that the association itself should be tied to this as closely as it is. COMMISSIONER HILLER: Why not? What difference does it make? They're just making an advance payment. CHAIRMAN HENNING. It's the same people, isn't it? MS. BRUNS: It is the same people, with the exception of Page 155 March 11, 2014 Aircraft. COMMISSIONER HILLER: What? MS. BRUNS: Well, Aircraft is the corporation, I guess you would say, that owns the undeveloped land that is included with the MSBU. They are not part of the -- CHAIRMAN HENNING: Is that the one that they're not paying their assessments? MS. BRUNS: I didn't know someone was not paying their assessments, but -- CHAIRMAN HENNING: No, that was the question. You made the statement at the advisory board meeting we have members that are not paying their assessments. MS. BRUNS: Oh, no, that's for our maintenance fees, our quarterly maintenance fees. As with most condominiums there are a small number of people -- CHAIRMAN HENNING: I understand that. MS. BRUNS: -- that don't pay their fees. CHAIRMAN HENNING: And my question is, is the Airport or whatever, are they the ones that are not -- MS. BRUNS: No. CHAIRMAN HENNING: -- paying their association fees? MS. BRUNS: They don't pay association fees. But they are included within the MSBU as one of the properties. COMMISSIONER HILLER: I personally don't see what your objection is. I mean, if they're willing to pay it and this is what, you know, they have worked out with the County Attorney, the Clerk and the attorney -- did you talk to Pires about this? MS. BRUNS: I did not. Because -- COMMISSIONER HILLER: Not you, the County Attorney. MR. KLATZKOW: Mr. Pires was in conflict on this one since he's -- COMMISSIONER HILLER: What's that? Page 156 March 11, 2014 MR. KLATZKOW: Mr. Pires was in conflict on this one since he is also the Clerk's attorney, so -- COMMISSIONER HILLER: Oh, so he didn't address it. MR. KLATZKOW: No. COMMISSIONER HILLER: But is the Clerk in agreement with what's being proposed? MR. KLATZKOW: Yes. COMMISSIONER COYLE: For now. COMMISSIONER HILLER: I mean, I just don't see the objection. But we don't have to -- I mean, we can still do whatever we think is appropriate. MS. BRUNS: I guess what I'm asking is simply that we be treated like everyone else and that if you would normally not require that, then I -- I would like to get us back on firm footing where we are just an MSBU like anyone else. COMMISSIONER HILLER: But if there's a bond validation -- MR. KLATZKOW: Hey, I mean, somebody's got to prefund on certain expenses on this, including the engineering work. Okay, and the county typically does not do this. COMMISSIONER HILLER: Right. MR. KLATZKOW: All right? COMMISSIONER FIALA: And that's how it happens with every MSBU? MR. KLATZKOW: We don't have a lot of these, ma'am, to be honest with you. But we don't typically prefund these things. One approach we've taken in the past was we would set up an MSTU, we wait for a couple years worth of revenues to come in and then we'd use those revenues for whatever we needed to do. We could do that here, but the seawall we were told was getting to the point of needing the repairs right now, otherwise it would collapse. So you don't have the time for us to set up the MSBU, wait for the monies to come in and in two or three years after that then do Page 157 March 11, 2014 this work. So in order to avoid that you were going to prefund these costs, and then when we got the financing those costs would be just loaded into the entire financing. MS. BRUNS: All right. As I said, I was not a party to -- MR. KLATZKOW: No, I understand. MS. BRUNS: -- those discussions. And I'm just looking at the paperwork that I saw today, and those were the issues that jumped out at me. MR. KLATZKOW: Does Mr. Pires still represent you or not? MS. BRUNS: No. MR. KLATZKOW: Do you have counsel? MS. BRUNS: No. CHAIRMAN HENNING: The MSBU does. MR. KLATZKOW: Well, me, but it's kind of hard for me to -- COMMISSIONER HILLER: Do not misunderstand yourself personally with him representing the MSBU. I mean, he never represented you individually, right? I mean, that's not what -- CHAIRMAN HENNING: He represented the homeowners association. COMMISSIONER HILLER: Did he represent the condominium association? MS. BRUNS: He did. COMMISSIONER HILLER: And he is no longer representing the condominium association? MS. BRUNS: That is correct. Once the libertarian issue was resolved -- CHAIRMAN HENNING: That's not resolved. MS. BRUNS: -- at the last -- CHAIRMAN HENNING: Trust me. MS. BRUNS: As far as it has gone, all right. I understand, Mr. Henning, that there are going to be hurdles all along the way. I feel a Page 158 March 11, 2014 little bit like Tom Cruise going in another hit. MR. KLATZKOW: We could table this -- COMMISSIONER HILLER: Yeah, just -- I'll make a motion to continue it. MR. KLATZKOW: -- and then I can have off-line discussions with the community. Because there's obviously a failure to communicate here on somebody's part. Maybe it's me. CHAIRMAN HENNING: Well, you know, interesting, I attended the -- once I got in the gate of this gated community, I attended their public meeting behind the gated community. And staff was not aware of this item on the agenda, even though it was uploaded. COMMISSIONER HILLER: Which staff? CHAIRMAN HENNING: The staff liaison for the MSTU -- MSBU. COMMISSIONER HILLER: Who's the staff liaison for the MSTU? CHAIRMAN HENNING: Michele Arnold. COMMISSIONER HILLER: Let's just continue this. CHAIRMAN HENNING: Yeah, we -- COMMISSIONER HILLER: There's no point to discuss this further. MR. KLATZKOW: You have a board meeting Thursday? MS. BRUNS: Yes. MR. KLATZKOW: I'll tell you what, either I will or one of my attorneys will attend that board meeting and we can hash it out there. And then we'll just continue this -- CHAIRMAN HENNING: I thought this -- COMMISSIONER FIALA: And I'll come to it too. I'd like to be there. CHAIRMAN HENNING: I thought this -- MS. BRUNS: Thank you. Page 159 March 11, 2014 CHAIRMAN HENNING: -- was an intimate (sic) thing that we needed to attend to otherwise global warming was going to eat up the land over there. MS. BRUNS: I don't think I can speak to that. CHAIRMAN HENNING: Are we going to delay that more? How much more do you want to delay this? MR. KLATZKOW: Commissioner, I'm not -- it would be the Board prerogative. COMMISSIONER FIALA: Maybe we need to delay it so everybody understands what we're talking about. And I won't even be sarcastic about that. COMMISSIONER COYLE: My light is on. CHAIRMAN HENNING: There's a lot of lights on. COMMISSIONER COYLE: Well, turn the others off and let me talk. CHAIRMAN HENNING: Turn them off? COMMISSIONER COYLE: Yeah. COMMISSIONER HILLER: I'm going to make a motion to continue, by the way. COMMISSIONER COYLE: Okay. But I'm going to continue to make my comments. COMMISSIONER HILLER: Sure, go ahead. No, absolutely. COMMISSIONER COYLE: There is something very ominous occurring here. Be very careful. I am greatly disturbed about what's going on here. MS. BRUNS: I know. COMMISSIONER COYLE: Okay? Now, first of all, I don't know how this thing got on the consent agenda. It certainly never came before us, yet it says that it rescinds our prior direction. I don't know who told the County Attorney to write that up and rescind our prior direction. I don't know why anybody would have put this on the consent agenda where it would not be debated and not be Page 160 March 11, 2014 known to the general public. And I think Commissioner Henning's question is very appropriate, how did this all happen? Who decided that this thing would go on the consent agenda? MR. KLATZKOW: I did. COMMISSIONER COYLE: Well, why did you do that? MR. KLATZKOW: Because we put almost everything on the consent agenda. And quite frankly I thought this was the most unobjectionable request. COMMISSIONER COYLE: And so you decided to ignore our direction to you without even consulting with the Board? MR. KLATZKOW: That's why it's on the agenda. CHAIRMAN HENNING: No, that's not right, Commissioner Coyle. It was on our agenda that we get an AGO and a bond validation. COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: And the community was going to pay for the pre-engineering costs so that we can get an estimate on the seawall. COMMISSIONER COYLE: So? CHAIRMAN HENNING: So the issue is the courts or the Florida Attorney General, as it states, will not hear an item if it has litigation tied to it. So that's -- I mean, whatever's in the executive summary is true, and it's just rescinding the previous direction of getting to get an AGO. COMMISSIONER COYLE: Wait a minute. Who told you that this -- that we should rescind our prior direction? MR. KLATZKOW: No, no. I'm asking you to rescind your direction to me. The direction was for me to work with the Clerk to get an AGO. I sent him a proposed AGO letter. We had a lengthy conversation, all right, and the conclusion of that conversation was it would be completely pointless to do this. One, we were unlikely to Page 161 March 11, 2014 get an answer from the AGO; and two, if we did, all right, he wasn't going to go be comfortable anyway. What Mr. Brock wanted to do, okay, which I thought was a reasonable approach was to segregate private funds from public funds. And as long as he was holding private funds essentially in trust, he had no issue with this, and we could move on with the project. COMMISSIONER COYLE: So the Clerk influenced you to change what we had previously directed. MR. KLATZKOW: The direction was for me to work with the Clerk -- COMMISSIONER COYLE: Yes. MR. KLATZKOW: -- okay, in order to get an AGO so that if he got the AGO he would then cut the check. The Clerk did not believe that that was the right approach, all right. There's no point going to the AGO -- COMMISSIONER COYLE: You didn't think that that was important enough to bring back to the Board -- MR. KLATZKOW: I did. COMMISSIONER COYLE: -- for an open discussion? MR. KLATZKOW: I put it on the consent. All five of you had the ability to take it off. COMMISSIONER COYLE: Yeah. MR. KLATZKOW: We usually have 80 things on the consent. CHAIRMAN HENNING: Okay, we're going to move on. Because it's really not productive. COMMISSIONER NANCE: You see what I'm talking about? MR. KLATZKOW: What where you talking about -- CHAIRMAN HENNING: Commissioner -- MR. KLATZKOW: -- sir? This is -- CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. I just want to reemphasize to you, I believe there's a number of commissioners on the dais here that Page 162 March 11, 2014 would like this to move forward, that it needs to be private money to move it forward. You need to do that. And I have stated since the beginning that if there was not a bond validation that declared this to be legal that I would no longer support it. So that's where we need to go. You can get all your AGO opinions you like. I frankly do not care what (sic) the Attorney General's opinion on it, because we're going to end up in court at the end of the day anyway. Because this is going to be hashed out. It's going to be like passing a kidney stone. So we might as well go get a bond validation hearing. I'm not going to support it unless you get one, so you can decide how you want to move forward. But the longer you worry about who's going to write the check, we're going to be here for months and months and months having these endless conversations over nothing. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yes. I agree, I can't support it without a bond validation hearing either. So if, you know, the county has to be advanced costs in order to be able to move forward with that, then you all have to come up with a means to get that done. But that's up to you. And the Clerk is correct in saying that, you know, that money should be set aside in a trust account pending the resolution of, you know, the Court's decision. MS. BRUNS: So when I explain this to the community, the way I read what was in this -- what do we call this -- the agenda item, the executive summary, that the funds -- all right, if we prevail -- COMMISSIONER HILLER: Then the funds will be used against your obligation. MS. BRUNS: All right. Okay, that's what I needed to know. COMMISSIONER HILLER: And as far as the County Attorney goes, I mean, this is very straightforward. I mean, obviously the Page 163 March 11, 2014 recommendation is that, you know, there's no point going forward with a request from the Attorney General if the Attorney General is not going to issue an opinion. And for that matter, it doesn't make a whole lot of sense going forward with the Attorney General, since we're going to go to court anyway to get a validation. I mean, it's like what's the point. Because regardless of what the Attorney General says, it's non-binding and we need a binding opinion in order to get this done. That's the court -- MS. BRUNS: I understand you want the validation for the conclusiveness. COMMISSIONER HILLER: Yes, absolutely. So, I mean, and the only thing that this executive summary really deals with is how the county will collect and hold the funds necessary to be able to move forward with a bond validation hearing. I mean, it's very benign. This is not going to the heart of any issue or anything like that. It's just how to get from A to B. CHAIRMAN HENNING: Are you rescinding your motion, the motion to approve this item? COMMISSIONER HILLER: I'm going to make a -- well, I'm going to continue this item. My motion remains a continuance, because there has to be clarity that, you know, your condo association will advance these fees or you come up with some other means to advance those fees so we can move forward on this judicially. CHAIRMAN HENNING: Well, if we approve it and they don't advance the fees, then it's not going to happen. COMMISSIONER HILLER: That too. I mean, that's certainly another way we can do it. Which -- what do you prefer, Jeff? You're absolutely right, Commissioner Henning, either/or. COMMISSIONER FIALA: Now, Commissioner Henning, could I ask why -- personally why are you so against this? And why did you call out people to help you get rid of it? There must be a reason, a Page 164 March 11, 2014 burning reason that's pushing you forward. CHAIRMAN HENNING: Is this on the agenda, your question? COMMISSIONER FIALA: No, it isn't. I'm just asking a question. You won't find it on there. CHAIRMAN HENNING: Yeah, I didn't think so. COMMISSIONER FIALA: And you won't find me being sarcastic to you, I'm just asking you a question. CHAIRMAN HENNING: So is there a second to the motion? COMMISSIONER FIALA: I guess I'm not going to get an answer. COMMISSIONER HILLER: My motion is to continue this -- let me just ask a question: What's your preference? MR. KLATZKOW: My preference is the community understands what they're getting into. COMMISSIONER HILLER: Before we vote on it. MR. KLATZKOW: And I had that understanding of Mr. Pires and people who were formally appearing here. I don't know that people on the current advisory board have that same understanding. I think we may have had a change in people here. And I'm happy to talk -- COMMISSIONER FIALA: Let me ask you this: Did you say you were going to go to their meeting on Thursday? MR. KLATZKOW: I'd be happy to, yes. COMMISSIONER FIALA: And that way you can explain to these people so everybody knows what they're talking about and we hear, you know, what steps. Because I think there's a lot of confusion. CHAIRMAN HENNING: So what is your motion? COMMISSIONER FIALA: It's very hard for people to even understand what's going on if they don't understand all of the issues. So maybe we should continue until they understand what this all means. MS. BRUNS: There has been a lot of discussion and confusion Page 165 March 11, 2014 over this. COMMISSIONER HILLER: You need the County Attorney to attend your advisory board meeting and clarify what is misunderstood or not -- MS. BRUNS: Absolutely. COMMISSIONER NANCE: Also need counsel. COMMISSIONER HILLER: So my motion stands, which is to continue 12.A. COMMISSIONER NANCE: Second. COMMISSIONER HILLER: And allow the County Attorney to go work with the advisory board to come back with the -- CHAIRMAN HENNING: Motion and a second to continue Item 12.A. 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. MS. BRUNS: Thank you. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Mr. Chairman, that takes us to Item 15, staff and Page 166 March 11, 2014 commission general communications. I just have one brief reminder for my part and that is you have an April 1st workshop scheduled. And that's all I have today. CHAIRMAN HENNING: Okay. Thank you. County Attorney? MR. KLATZKOW: No, nothing, thanks. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Nothing from me. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Nothing. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: None, sir. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: I have a couple of remarks. The first is with respect to dogs in parks in the county. Woof, woof, bow wow wow. The Board, when it voted as a matter of policy to allow people to walk dogs in parks and basically to have dogs in parks provided that it -- whatever staff did with respect to accommodating that direction, it would never be done in such a way that it would bother neighbors or create a nuisance, if you will. And so that direction hasn't changed. And it's up to staff to do what's necessary to ensure a balance of the interests so that the communities can live harmoniously side by side. And I know that staff is working on that and will continue to look for solutions 'til they bring about world peace. The next issue that we directed staff, and this was from an earlier meeting, is to have staff research possible sites for dog parks. And staff has been looking into that and has been working on a budget. And so I'm going to direct that staff bring that back at the second meeting in April, which gives you a month to work through what you've done so far, and bring us back options as to, you know, where Page 167 March 11, 2014 we can locate dog parks in the county. And that's like, you know, for release and catch dog parks. And I don't mean fish, I mean dogs. And I mean the bone. So that addresses that very important issue. And it is an important issue, because a lot of people -- yeah, that's a heart on legs. With arms. CHAIRMAN HENNING: A what? COMMISSIONER HILLER: We won't go there. We will just hide that doodle. The other thing I want to bring up is March 17th is St. Patrick's Day. And I want to compliment Commissioner Fiala, because I think she looks beautiful today. I love her shamrock. I love her earrings. And I actually -- this was the closest I could get to green. I really couldn't find anything greener. But I have a tiny little shamrock on my neck. COMMISSIONER FIALA: And you have a little green in your dress. COMMISSIONER HILLER: Oh, and I have my green in my dress, yes. And I personally think St. Patrick's Day is one of the best holidays of the year, so I want to wish you all a very happy St. Patrick's Day. Oh, I have green nails and green toes, and they do match. So happy St. Patrick's Day. Enjoy. And may the luck of the Irish be all with you. CHAIRMAN HENNING: I'm very curious, I read the article about dog owners in the park earlier than when the park opens up. And I'm very curious to know why people with animals, dogs that should be on leashes, why can't they walk them in their own community that early in the morning? Why do we have to make special accommodations for one sector of the community that we're not doing it for the other? That's one comment. Leo, it was very curious on your comment inviting the Clerk for Page 168 March 11, 2014 that discussion earlier today. However, he had no knowledge of that. MR. OCHS: Yes, sir, I -- CHAIRMAN HENNING: Clearly we don't have communication correct between the Clerk. Also, with the recent letter to -- from HUD to the county on the HOME loan that staff received in February was not communicated with the Clerk. COMMISSIONER HILLER: What letter? CHAIRMAN HENNING: We have a letter from HUD basically -- and I haven't seen it, but just what I understand -- basically saying if you can't account for the HOME John Barlow loan, you may potentially have to -- county may have to pay that back. That wasn't communicated with the Clerk. And it just seems like we can do a little bit better on communication. COMMISSIONER HILLER: Could we all have a copy of that letter? I've not heard about it or seen it. MS. KINZEL: I believe it's an email he's referencing. It's an email. COMMISSIONER HILLER: Whether it's an email or a -- makes no difference. I think we should get it. That's important. COMMISSIONER FIALA: I know I didn't get one. COMMISSIONER COYLE: I didn't get it. I didn't get anything. MR. OCHS: Okay, will do. CHAIRMAN HENNING: Well, we know that the Clerk's audit came through on that, and that's a direct tie to the audit. And it should have been communicated. Just better communication I would hope in the future. The second to last thing, I know of an acquaintance that applied for a grant to study global warming, or now it's called climate change, but wanted to study the true effects of it but he couldn't get the grant because only the federal government is giving grants for studying global warming climate change and how humans have affected global Page 169 March 11, 2014 warming climate change, not what the true cause of it. And it would be interesting if the federal government would have a grant to scientists out there to figure out the effects of the Stone Age or the cooling down of the world and what the effects of human beings at that time. Also, there was a recent report by Harvard showing that fluoride in water causes ADD, so -- COMMISSIONER HILLER: Harvard? CHAIRMAN HENNING: Harvard University. I'm going to research that and provide that to the County Manager. I'll entertain a motion to -- COMMISSIONER COYLE: Motion to adjourn. CHAIRMAN HENNING: -- adjourn. COMMISSIONER HILLER: No, I was going to have -- CHAIRMAN HENNING: Is there a second? No second? COMMISSIONER HILLER: Before I -- I'll second it in a minute. I just have to read this -- that's right, there's free beer in Irish paradise, everyone is jealous. COMMISSIONER FIALA: Say that again? COMMISSIONER HILLER: That's right, there's free beer in Irish paradise. Everyone's jealous. COMMISSIONER FIALA: Down to Erin's Isle, right? COMMISSIONER HILLER: Absolutely. Just saying. All right, I'll second it. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. Page 170 March 11, 2014 **** Commissioner Hiller moved, seconded by Commissioner Nance and carried unanimously that the following items under the Consent Agendas be approved and/or adopted **** Item #16A1 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR CABREO AT MEDITERRA, AR-11356, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — LOCATED IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST Item #16A2 CLERK OF COURTS RELEASE OF A PERFORMANCE BOND IN THE AMOUNT OF $89,000 POSTED AS A DEVELOPMENT GUARANTY FOR WORK ASSOCIATED WITH MAPLE RIDGE AT AVE MARIA PHASE 1 (PL20130000058) — CONSTRUCTION PLANS WERE APPROVED ON SEPTEMBER 10, 2013 AND ALL LOTS HAVE BEEN CLEARED AND STABILIZED, THEREFORE A BOND IS NO LONGER REQUIRED Item #16A3 RECORD THE FINAL PLAT OF CARRARA AT TALIS PARK, (APPLICATION NUMBER PL20140000139) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Page 171 March 11, 2014 Item #16A4 RESOLUTION 2014-48: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF HERITAGE BAY VISTAS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 50, PAGES 33 THROUGH 42, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A5 RECOGNIZING CARRYFORWARD IN THE AMOUNT OF $6,878.73 TO THE MPO OPERATING FUND (128) EARNED FROM THE FY2012/13 TRANSPORTATION DISADVANTAGED PLANNING GRANT AWARDED BY THE COMMISSION OF THE TRANSPORTATION DISADVANTAGED (CTD) AND RECEIVED BY THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS — THE FUNDS ARE FROM THE PRIOR YEARS GRANT REVENUE COLLECTED IN EXCESS OF EXPENDITURES, WHICH WILL BE UTILIZED FOR TD PLANNING ACTIVITIES ENSURING THE FUNDING INTENT AND PURPOSE Item #16A6 — Continued to the March 25, 3013 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO ADOPT A RESOLUTION GRANTING A DESIGN VARIANCE THAT AUTHORIZES A SPEED LIMIT INCREASE FROM FORTY-FIVE MILES PER HOUR (45 MPH) TO FIFTY MILES PER HOUR (50 MPH) ON COLLIER BOULEVARD FROM DAVIS BOULEVARD TO US41 Page 172 March 11, 2014 Item #16A7 — Continued to the April 8, 2014 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE THE PRIORITIZATION OF FIVE LIMEROCK ROADS FOR THE PURPOSE OF LIMEROCK ROAD CONVERSION, FROM THE ROAD MAINTENANCE LIMEROCK ROAD CONVERSION PROGRAM (LRCP) (PROJECT #60128) IN FY2014 Item #16A8 A PROPOSAL FROM ATKINS NORTH AMERICA, INC. DATED FEBRUARY 24, 2014 TO PROVIDE AN ANALYSIS OF THE EFFECT OF STORM EVENTS AND BEACH RENOURISHMENT PROJECTS TO THE COLLIER COUNTY COASTLINE FROM 2005 TO PRESENT DAY UNDER CONTRACT #13-6164, AUTHORIZE BUDGET AMENDMENT, AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER FOR A NOT TO EXCEED AMOUNT OF $14,103 (TASK 1 ONLY), AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — ATKINS WILL GATHER AVAILABLE DATA AND ANALYZE EFFECT ON THE COASTLINE BY BEACH SEGMENT, BEACH WIDTH AND VOLUME OF REMAINING BEACH SAND AND PREPARE A REPORT FOR PRESENTATION TO HELP COLLIER COUNTY IN FUTURE PLANNING AND DECISION MAKING FOR THE BEACH MANAGEMENT PROGRAM Item #16A9 AWARDING CONSTRUCTION CONTRACT TO QUALITY Page 173 March 11, 2014 ENTERPRISES USA, INC., FOR REQUEST FOR BID #08-5011 NORTHERN GOLDEN GATE ESTATES CULVERT INSTALLATION PROJECT (PROJECT NO. 60127) IN THE AMOUNT OF $538,724.75 — TO INSTALL ADDITIONAL CULVERTS UNDER EXISTING ROADS TO HELP DISTRIBUTE AND CONVEY SURFACE WATER Item #16A10 A PERMIT TO CONDUCT THE ANNUAL HARVEST FEST CARNIVAL FRIDAY THRU SUNDAY, MARCH 28- 30, 2014 AT THE IMMOKALEE AIRPORT AND WAIVING THE SURETY BOND IN THE AMOUNT OF $2,500 — THE CARNIVAL WILL INCLUDE RIDES, FOOD AND BEVERAGE BOOTHS AND BEER & WINE Item #16B1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC), AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA), APPROVE THE SUBMITTAL OF THE ATTACHED DISASTER RECOVERY INITIATIVE (DRI) GRANT APPLICATION TO COLLIER COUNTY DEPARTMENT OF HOUSING, HUMAN & VETERANS SERVICES (HHVS), SEEKING GRANT FUNDING IN THE AMOUNT OF $450,000 TO FURTHER IMPLEMENT IMMOKALEE'S STORMWATER MASTER PLAN — COMMISSIONED BY BIG CYPRESS BASIN OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT WITH SIX (6) DISTINCT GEOGRAPHIC REGIONS IDENTIFIED THROUGHOUT THE URBAN DESIGNATED AREA FOR PROJECTS THAT INCLUDES DOWNTOWN IMMOKALEE, IMMOKALEE DRIVE, MADISON CREEK DITCH, RE-SHAPING Page 174 March 11, 2014 FISH CREEK, THE SLOUGH CROSS DRAIN ADDITIONS AND LAKE TRAFFORD DITCH CULVERT UPGRADES Item #16C1 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR A SANITARY SEWER SYSTEM IMPACT FEE — FOR PROPERTY AT 5238 MITCHELL STREET, NAPLES (FOLIO #62256560002) Item #16D1 AN AGREEMENT TO FURNISH FOOD SERVICE BETWEEN COLLIER COUNTY AND THE DISTRICT SCHOOL BOARD TO SPONSOR AND OPERATE THE 2014 SUMMER FOOD SERVICE PROGRAM (SFSP) AT DESIGNATED RECREATION CAMPS FOR UNITIZED MEALS PROVIDED BY THE SCHOOL BOARD AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS (NET FISCAL IMPACT: $19,465.41) — TO PROVIDE NUTRITIONAL BREAKFASTS AND LUNCHES DURING THE SUMMER FOR CHILDREN UNABLE TO GO TO SITES OFFERED BY THE SCHOOL BOARD Item #16D2 A SUBSTANTIAL AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT FY2013-2014 ACTION PLAN AND A SUBRECIPIENT AGREEMENT IN THE AMOUNT OF $321,138 WITH COMMUNITY ASSISTED AND SUPPORTIVE LIVING, INC. (CASL) TO ACQUIRE MULTI-FAMILY HOUSING FOR PERSONS WITH DISABILITIES — TO REMOVE THE SALVATION ARMY PROJECT AND REALLOCATE FUNDS TO COMMUNITY ASSISTED AND SUPPORTIVE LIVING, INC. Page 175 March 11, 2014 Item #16D3 AMENDMENT NO. 2, TO A MEMORANDUM OF UNDERSTANDING BETWEEN HOUSING, HUMAN AND VETERAN SERVICES AND THE PARKS AND RECREATION DEPARTMENT; PROVIDING A TIME EXTENSION FROM MARCH 1, 2014 TO MAY 1, 2014 AND INCORPORATE PROGRAM INCOME REQUIREMENTS FOR THE CONSTRUCTION OF THE IMMOKALEE SOUTH PARK COMMUNITY CENTER — FOR AN AMENITY TO BENEFIT LOW-INCOME NEIGHBORHOODS Item #16D4 AMENDMENT NO. 2, TO THE SUBRECIPIENT AGREEMENT WITH CATHOLIC CHARITIES OF COLLIER COUNTY, DIOCESE OF VENICE, INC., PROVIDING A TIME EXTENSION FROM MARCH 11, 2014 TO AUGUST 31, 2014 FOR THE FY12 EMERGENCY SOLUTIONS GRANT — FOR HOMELESSNESS PREVENTION PROGRAMS AND GRANT CLOSE-OUT COMPLIANCE Item #16D5 THE SALE OF CONCESSION INVENTORY AT NORTH COLLIER REGIONAL PARK TO THE BOARD'S APPROVED CONCESSIONAIRE NASA HOLDINGS OF MIAMI, INC. AND DONATE ANY REMAINING UNPURCHASED INVENTORY TO A NON- PROFIT — A SMALL PORTION OF PRODUCTS COULD BE RETURNED TO THE VENDOR FOR A REFUND Page 176 March 11, 2014 Item #16D6 SUBMITTAL OF A VICTIMS ADVOCACY ORGANIZATION GRANT APPLICATION FOR A FY 14 ADULT DRUG COURT DISCRETIONARY GRANT PAYABLE OVER TWO YEARS IN THE AMOUNT OF $199,018.01 FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, AND ADDITIONAL COUNTY GRANT MANAGEMENT AND FISCAL AGENT SUPPORT FOR THE PROGRAM AND AUTHORIZE STAFF TO SUBMIT THE APPLICATION ELECTRONICALLY — FOR THE TREATMENT NEEDS OF OFFENDERS THAT HAVE A DRUG ADDICTION THAT INCLUDE MANDATORY DRUG TESTING, PSYCHO-EDUCATIONAL GROUP THERAPY, CASE MANAGEMENT, PARTICIPATION AT ANY COMMUNITY- BASED SUPPORT GROUP/MEETING AND ROUTINE PROBATIONARY/JUDICIAL REVIEW Item #16D7 AMENDMENT NO. 4 TO A DEVELOPER AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3), TO REFLECT HUD NSP CLOSEOUT GUIDELINES — WITH A DECEMBER 2014 COMPLETION DATE FOR NSP3 Item #16D8 AN AGREEMENT IN THE AMOUNT OF $250,000, WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA) AND AN AGREEMENT WITH NAPLES COMMUNITY HOSPITAL, INC. (NCH) TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM, GENERATING $21,250 IN Page 177 March 11, 2014 FEDERAL MATCHING FUNDS THAT WILL PROVIDE ADDITIONAL HEALTH SERVICES FOR THE CITIZENS OF COLLIER COUNTY — PROVIDING ADDITIONAL HEALTH SERVICES FOR LOW-INCOME CITIZENS Item #16D9 — Moved to Item #11D during Agenda Changes (Per Commissioner Nance) Item #16E1 EXTEND CONTRACT #09-5260 FOR JANITORIAL SERVICES TO ABM JANITORIAL SERVICES — SOUTHWEST, LLC (ABM), THROUGH AUGUST 31, 2014 OR UNTIL THE BOARD AWARDS A NEW CONTRACT (WHICHEVER IS SOONER); AND, APPROVE NECESSARY BUDGET AMENDMENTS FOR PROCESSING PAYMENTS WHICH SUPPORT THE PROTEST Item #16E2 ACCEPT REPORTS AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — COVERING THE PERIOD OF JANUARY 16, 2014 TO FEBRUARY 13, 2014 Item #16E3 THE PRACTICE OF PROVIDING AN ESTIMATED PROJECT BUDGET RANGE IN CONSTRUCTION PROJECT SOLICITATION POSTING; AND, WHENEVER POSSIBLE, TO PROVIDE THE AVERAGE HISTORICAL SPEND INFORMATION ON GOODS AND SERVICES — AS DETAILED IN THE EXECUTIVE SUMMARY Page 178 March 11, 2014 Item #16E4 AWARD BID #13-6059R "PARTS FOR FLEET VEHICLES" TO UNI-SELECT AS PRIMARY VENDOR AND SUNBELT AUTOMOTIVE AND THE PARTS HOUSE AS SECONDARY — TO MAINTAIN COUNTY FLEET AND SMALL EQUIPMENT Item #16E5 CHAIRMAN TO SIGN A "RECOMMENDATION FOR REAPPOINTMENT" OF DR. MARTA U. COBURN AS THE DISTRICT 20 MEDICAL EXAMINER — THE GUBERNATORIAL APPOINTMENT IS DUE TO EXPIRE ON JULY 1, 2014 Item #16F1 AMENDMENT #1 TO CONTRACT #13-6080 WITH JACK RABBIT SYSTEMS, INC. TO PROVIDE ENHANCED BOOK DIRECT CONSUMER SERVICES BY ADDING FIVE NEW BOOKING OPTIONS, AUTHORIZE THE CHAIRMAN TO EXECUTE THE AMENDMENT, AND MAKE A FINDING THIS EXPENDITURE PROMOTES TOURISM — ENHANCEMENTS INCLUDE: SPECIAL OFFERS & PACKAGES SEARCH ENGINE, ATTRACTIONS & EVENTS SEARCH ENGINE, RESTAURANT SEARCH ENGINE, AIRLINE SEARCH ENGINE AND THE TRUST YOU REVIEW SCORES SERVICE Item #16F2 RESOLUTION 2014-49: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS Page 179 March 11, 2014 OR INSURANCE PROCEEDS) TO THE FY 2013-14 ADOPTED BUDGET Item #16F3 TOURIST DEVELOPMENT COUNCIL (TDC) GRANT APPLICATION FORMS FOR CATEGORY B AND C-2 GRANT FUNDING FOR FY 15 (OCTOBER 1, 2014 - SEPTEMBER 30, 2015), AUTHORIZE THE TOURISM DIRECTOR TO WORK WITH A SELECTION COMMITTEE TO REVIEW THE GRANT APPLICATIONS PRIOR TO PRESENTATION TO THE TDC AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F4 A REPORT COVERING A BUDGET AMENDMENT (BA) IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $20,000 — BA #14-279 TO COVER FEES NEEDED FOR COMPREHENSIVE MEDICAL CARE FOR SEVERAL HORSES AND AN INCREASE IN THE NUMBER OF INJURED AND SICK ANIMALS Item #16G1 RESOLUTION 2014-50: COLLIER COUNTY AIRPORT AUTHORITY AUTHORIZES EXECUTION OF ATTACHED JOINT PARTICIPATION AGREEMENT (JPA) NO. AR865 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACCEPT A GRANT OFFER FOR AN AMOUNT OF $44,000 TO AMEND THE MARCO SHORES PLANNED UNIT Page 180 March 11, 2014 DEVELOPMENT (PUD) FOR PROJECT NO. 33316, AND AUTHORIZE ASSOCIATED BUDGET AMENDMENTS Item #16H1 RESOLUTION 2014-51 : APPOINTMENT OF A MEMBER TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE — REAPPOINTING MCBETH COLLINS TO A TERM EXPIRING DECEMBER 31, 2015 — ADOPTED Item #16H2 RESOLUTION 2014-52: APPOINTMENT OF A MEMBER TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD — REAPPOINTING ELIZABETH PERDICHIZZI TO A TERM EXPIRING OCTOBER 1, 2016 — ADOPTED Item #16H3 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE NAPLES PRESS CLUB LUNCHEON ON FEBRUARY 27, 2014. A SUM OF $25 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT HILTON NAPLES, 5111 TAMIAMI TRAIL NORTH Item #16J1 DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 20, 2014 THROUGH FEBRUARY 26, 2014 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Page 181 March 11, 2014 Item #16J2 DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 27, 2014 THROUGH MARCH 5, 2014 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J3 ACCEPTING THE SHERIFF OFFICE'S FY2013 COPS HIRING PROGRAM 3-YEAR GRANT AWARD — IN THE AMOUNT OF $500,000 TO FUND FOUR SCHOOL RESOURCE OFFICERS Item #16K1 WAIVING COMPETITION PURSUANT TO SECTION ELEVEN B 5 OF THE PURCHASING ORDINANCE AND APPROVE AN EXPENDITURE OF $7,000.00 FOR MEDIATION SERVICES FOR THE FIRM GAYLORD, MERLIN, LUDOVICI AND DIAZ TO SETTLE PENDING EMINENT DOMAIN LITIGATION (PROJECT NOS. 60171 AND 51101) Item #16K2 FINAL JUDGMENT FOR PARCEL NO. 135RDUE AND 135SE IN THE AMOUNT OF $71,100 IN THE LAWSUIT STYLED COLLIER COUNTY V. KAYE HOMES, INC., ET AL., CASE NO. 10-2680-CA FOR THE COLLIER BOULEVARD ROAD IMPROVEMENT PROJECT (PROJECT NO. 68056) (FISCAL IMPACT: $27,670) Item #16K3 — Moved to Item #12A (Per Agenda Change Sheet) Page 182 March 11, 2014 **** Commissioner Nance moved, seconded by Commissioner Henning and carried unanimously that the following items under the Summary Agenda be approved and/or adopted **** Item #17A ORDINANCE 2014-10: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS TEMPLE CITRUS GROVE RPUD TO ALLOW DEVELOPMENT OF UP TO 512 SINGLE FAMILY DWELLING UNITS AND/OR TWO-FAMILY AND DUPLEX DWELLING UNITS ON PROPERTY LOCATED BETWEEN AIRPORT-PULLING ROAD AND LIVINGSTON ROAD IN SECTIONS 1 AND 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 132.68+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE [PUDZ- PL20120002779] Item #17B ORDINANCE 2014-11 : AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 183 March 11, 2014 AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 75 RESIDENTIAL DWELLING UNITS AND A CLUBHOUSE FOR A PROJECT TO BE KNOWN AS THE LORD'S WAY 30 ACRE RPUD. THE SUBJECT PROPERTY IS LOCATED ON THE LORD'S WAY ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 30± ACRES; AND BY PROVIDING AN EFFECTIVE DATE (PUDZ- PL20130000827) Item #17C RESOLUTION 2014-53: PETITION VAC-PL20130002229, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 40-FOOT DRAINAGE EASEMENT LOCATED IN BLOCK "B" OF IMMOKALEE INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 14, PAGES 7 AND 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A, AND TO ACCEPT THE PETITIONER'S GRANT OF TWO DRAINAGE EASEMENTS TO REPLACE THE VACATED Page 184 March 11, 2014 DRAINAGE EASEMENT Item #17D — Continued to the April 8, 2014 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO ADOPT AN ORDINANCE TO BE KNOWN AS THE NATURAL GAS FRANCHISE ORDINANCE Item #17E ORDINANCE 2014-12: AMENDING ORDINANCE NO. 1975-16, AS AMENDED, RELATING TO THE PLACEMENT AND PRESENTATION OF MATTERS ON THE OFFICIAL AGENDA ***** Page 185 March 11, 2014 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL /64,, T`OM HENNING, A IRMAN ATTEST: DWIGHT E BJZOCK, CLERK ttWA-- Y !� Attest as td C hairm�►n+s signature only. These minutes approved by the Board on 4-1% (z4 , as presented ✓' or as corrected Transcript prepared on behalf of Gregory Court Reporting, Incorporated by Cherie' R. Nottingham, CSR. Page 186