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BCC Minutes 04/22/2014 R BCC REGULAR MEETING MINUTES April 22, 2014 April 22, 2014 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 22, 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 Fred Coyle Donna Fiala Georgia Hiller Tim Nance ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts 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 yft L ayf x '44 ffiS 1 AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 April 22, 2014 9:00 AM Commissioner Tom Henning, District 3 - BCC Chair Commissioner Tim Nance, District 5 - BCC Vice-Chair; TDC Chair Commissioner Donna Fiala, District 1 - CRAB Chair Commissioner Georgia Hiller, District 2 Commissioner Fred W. Coyle, District 4 - CRAB Vice-Chair 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 April 22, 2014 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DEPARTMENT. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Beverly Duncan - Naples United Church of Christ 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. March 25, 2014 - BCC/Regular Meeting C. April 1, 2014 - BCC/Workshop Minutes Page 2 April 22, 2014 3. SERVICE AWARDS - EMPLOYEE A. 20 Year Attendees 1) David Fox - Water Distribution, 2) Barbara LaPierre - Traffic Operations, 3) Mark Lindsay - Road Maintenance B. 30 Year Attendees 1) Pat Lehnhard - Office of Management and Budget 4. PROCLAMATIONS A. Proclamation celebrating the thirty-fourth anniversary of Know Your County Government Week. To be accepted by Tish Roland, Wendy Hodgsen and Kathy Ryan of Collier County University Extension and 4-H Youth Development and 4-H students. Sponsored by Commissioner Nance. B. Proclamation designating May 8, 2014 as Cooperative Extension Day in Collier County recognizing the 100th anniversary of the Cooperative Extension. To be accepted by Bryan Fluech, OF/IFAS County Extension Director, Dr. Phil Stansley, Interim Director of SWFREC and Dr. Charles Vavrina, District Extension Director. Sponsored by Commissioner Nance. C. Proclamation recognizing May 3 - May 11, 2014 as Tourism Week in Collier County. To be accepted by Jack Wert, Tourism Director. Sponsored by Board of County Commissioners. D. Proclamation designating May 2014 as Drug Court Month in Collier County. To be accepted by the Honorable Janeice T. Martin, Collier County Judge. Sponsored by the Board of County Commissioners. E. Proclamation recognizing National Corrections Officer Week in Collier County. To be accepted by members of the Collier County Sheriffs Office Chief Chris Roberts, Captain Beth Richards, Commander Patricia Gifford, Commander Kevin McGowen and Corrections Officers. Sponsored by the Page 3 April 22,2014 Board of County Commissioners. F. Proclamation recognizing April 2014 as Drowning Prevention Month. To be accepted by the NCH Safe and Healthy Children's Coalition Chair Pat Read, Dr. Todd Vedeer, board member, Paula DiGrigoli, Executive Director and support staff. Sponsored by the Board of County Commissioners. G. Proclamation designating May 1, 2014 as National Day of Prayer. To be accepted by Senior Pastor Grant Thigpen, New Hope Ministries; Dr. Todd F. Stearns, First Baptist Church of Naples; and Reverend Beverly Duncan, Naples United Church of Christ. Sponsored by Commissioner Nance. 5. PRESENTATIONS A. Recommendation to recognize Duane Neal, Instrumentation and Electrical Technician, Public Utilities Division, as the Employee of the Month for March 2014. B. Presentation recognizing Dr. Joan M. Colfer for her unwavering devotion to improving the health of every citizen of our community during her illustrious 14 year tenure as Director of the Collier County Health Department. 6. PUBLIC PETITIONS A. Public Petition request from Garrett FX Beyrent, representing members of the Amalgamated Sign Holders Union, requesting that the Board of County Commissioners amend the Code of Laws and Ordinances to allow sign holders to return to their sites. 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 #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Page 4 April 22, 2014 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Request for Reconsideration of Item #16A15, moved to Item #11F, from the March 25, 2014 BCC meeting titled: Recommendation to direct staff to bring back an expedited amendment to Land Development Code (LDC), Section 2.03.07.G.6.b, adjusting the date for program participation regarding Immokalee Nonconforming Mobile Home Parks to January 9, 2020. (Commissioner Hiller) B. Recommendation to direct the County Manager and the County Attorney to bring back a plan that would allow the development of individual Commission District Municipal Services Taxing Units (CDMSTUs) for the purpose of reinvigorating the roadway landscaping beautification program or other improvements identified by the Board to have a public benefit. (Commissioner Fiala) 11. COUNTY MANAGER'S REPORT A. Recommendation to approve submission of a Site Selection Criteria application to the Florida Department of Veterans' Affairs to be selected as the location for the State's planned seventh State Veterans' Home and include an offer of$500,000 in additional cash funding for the project and approve all necessary budget amendments. (Steve Carvell, Public Services Administrator) B. Recommendation to approve a resolution accepting the proposal of STI Institutional & Government, Inc. (A SunTrust Company) to refinance the Collier County, Florida Gas Tax Revenue Bonds, Series 2005 in an amount up to $90,000,000; authorize the County Manager to take such action as is necessary to lock the interest rate for such Series 2014 Refunding Bond to achieve a gross debt service savings up to $11,075,000; and provide for an effective date. (Mark Isackson, Corporate Financial and Management Services Director) C. Recommendation to authorize the creation of additional Full Time Equivalent (FTEs) positions in the Growth Management Division in response to the addition of fire plan review responsibilities, increased Page 5 April 22, 2014 customer demand and escalating traffic operations maintenance priorities. (Nick Casalanguida, Growth Management Administrator) D. Recommendation to award a construction contract to Quality Enterprises USA, Inc., for Bid No. 14-6245, Mercantile Avenue Roadway Improvements (from Airport-Pulling Road to Commercial Boulevard) Project No. 60188 funded by the Naples Production Park MSTU, in the amount of$1,185,290.16 and reserve $50,000 on the purchase order for funding allowances, for a total of$1,235,290.16. (Jay Ahmad, Transportation Engineering Director) E. This item continued from the January 28, 2014 BCC Meeting. Recommendation to approve a County Purchasing Manual establishing procurement and contract administration procedures that support execution of the Board's Purchasing Ordinance adopted on December 10, 2013. (Len Price, Administrative Services Administrator) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule 16. CONSENT AGENDA - ALL MATTERS LISTED UNDER THIS ITEM ARE CONSIDERED TO BE ROUTINE AND ACTION WILL BE TAKEN BY ONE MOTION WITHOUT SEPARATE DISCUSSION OF EACH ITEM. IF DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, THAT ITEM(S) WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Page 6 April 22, 2014 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to receive and approve the Collier County Floodplain Management Plan 2013 Progress Report and Action Plan for 2014. 2) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Del Webb Naples, Parcel 112C, (Application Number PL20130002713) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Ponte Rialto, (Application Number PL20130002029) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Inland Properties One, (Application Number PL20130002524). 5) 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 Del Webb Naples, Parcel 102, Phase 1 (Application Number PL20130001940) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 7 April 22, 2014 6) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Meridian Village Phase 2, Application Number FP-PL20130002338. 7) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Seneca at Talis Park, (Application Number PL20130000311) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 8) Recommendation to approve final acceptance of the private roadway and drainage improvements for the final plat of Sandalwood (Application Number AR-8661) with the roadway and drainage improvements being privately maintained and to authorize the Board of County Commissioners to accept the plat dedications and to release the maintenance security in the amount of$164,188.62, in the form of a Letter of Credit. 9) Recommendation to approve a waiver in accordance with the guidelines set forth in the Advance Street Name Guidelines policy and Resolution No. 2012-114 for the placement of advance street name guide signs along Immokalee Road at the approaches to Quarry Drive/Woodcrest Drive. 10) Recommendation to approve a release of lien with an accrued value of $67,562.47 for payment of$1,512.47, in the Code Enforcement action entitled Board of County Commissioners v. John W. Rodgers Jr., Special Magistrate Case No. CEPM20110016125, relating to property located at 5580 Cynthia Lane, Collier County, Florida. 11) Recommendation to approve a release of lien with an accrued value of $15,035.43 for payment of$4,235.43, in the Code Enforcement action entitled Board of County Commissioners v. Abraham & Sweeney PA TR Grant Family Land Trust, Special Magistrate Case No. CEPM20120006351, relating to property located at 15134 Brolio Page 8 April 22, 2014 Lane, Collier County, Florida. 12) Recommendation to approve a release of lien with an accrued value of $102,212.38, for payment of$1,662.38, in the Code Enforcement action entitled Board of County Commissioners v. China Pavilion, Inc., Special Magistrate Case No. CEPM20120008709, relating to property located at 5325 Coronado Parkway, Collier County, Florida. 13) Recommendation to approve a release of lien with an accrued value of $197,112.56 for payment of$2,112.56, in Code Enforcement Action entitled Board of County Commissioners v. Allan Perdomo, Special Magistrate Case No. CEPM20100017929, relating to property located at 1990 50th St. SW, Collier County, Florida. 14) Recommendation to approve a release of lien with an accrued value of $71,867.87 for payment of$2,000, in the Code Enforcement action entitled Board of County Commissioners v. Allan Perdomo, Special Magistrate Case No. CESD2008001 05 1 1, relating to property located at 1990 50th St. SW, Collier County, Florida. 15) Recommendation to approve a release of lien with an accrued value of $169,082.29 for payment of$12,082.29, in the code enforcement action entitled Board of County Commissioners v. Saddlebrook Apartments, LLC, Code Enforcement Board Case No. CEPM20120009999, relating to property located at 8625 Saddlebrook Circle, Collier County, Florida. 16) Recommendation to recognize additional Federal Transit Administration (FTA) Title 49 U.S.C. §5305(d) funding to the Collier Metropolitan Planning Organization (MPO) and to authorize the necessary budget amendments for grant revenue in the amount of $128,419 and a local match in the amount of$14,269 for the MPO's fiscal year 2014/15 FTA §5305 program. 17) Recommendation to award ITB #14-6254 for the Traffic Signal Upgrade at the intersection of Airport-Pulling Road and Mercantile Boulevard to Highway Safety Devices, Inc., in the amount of $307,047.50 for Project #60172. Page 9 April 22, 2014 18) Recommendation to increase the annual expenditures for Contract #11-5677 "Growth Management Division Planning and Regulation Staffing" to NOVA Engineering and Environmental, LLC and approve a budget amendment from Fund 113 to pay for these contracted services. 19) Recommendation to approve and execute a Local Agency Program Agreement with the Florida Department of Transportation, in which Collier County would be reimbursed up to $355,957 for the construction of sidewalks in Immokalee, and to authorize the necessary budget amendment and a Resolution authorizing execution of the LAP Agreement (Project #33329). 20) Recommendation to approve a resolution superseding Resolution 2013-216, providing for updates to the Collier County Growth Management Division/Planning and Regulation Fee Schedule with an effective date of June 1, 2014, decreasing fees for building permit development-related application, processing, review, and inspection fees, and selected planning and zoning review and related inspection fees. 21) Recommendation to endorse a Collier County-sponsored initiative for the development of a statewide coalition to address Federal Emergency Management Agency (FEMA) issues impacting Florida local governments and their citizens, and to approve accompanying Resolution. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC) as the Community Redevelopment Agency approve submittal of a Community Development Block Grant application to Collier County to fund the Bayshore Gateway Triangle CRA Fire Suppression Infrastructure System Upgrade Project in the amount of$375,000. C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve the Access and Utility Easement Agreement with Collier Land Development, Inc., for the acquisition Page 10 April 22, 2014 of an Access and Utility Easement to accommodate the construction of a wastewater force main, and to approve reimbursement for expenses incurred for revisions and permitting fees to the property owner's water main civil engineering plan, for a total cost not to exceed $15,000, Project Number 70044. 2) Recommendation to approve the Access and Utility Easement Agreement with Minto Sabal Bay, LLC for the acquisition of an Access and Utility Easement at its appraised value to accommodate the construction of a wastewater force main, and accept a Right of Entry at no cost that gives permission to perform construction activities on a portion of property adjacent to the proposed easement, at a total cost not to exceed $33,450, Project Number 70044. 3) Recommendation to approve a work order for $627,206 to Douglas N. Higgins, Inc., under Request for Quotation #08-5011-114 for Underground Utility Contracting Services for the Master Pump Station 306 Force Main Phase 1 project, Project Number 70044. 4) Recommendation to reject all bids received for Invitation to Bid #13- 6167 for Generator Maintenance, Repair and Installation. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve Amendment No. 1 to the subrecipient agreement with the City of Naples providing a time extension for its Community Development Block Grant Wheelchair Accessible Play Structure Project. 2) Recommendation to approve the Second Amendment to the Home Investment Partnership Program Subrecipient Agreement with Community Assisted and Supported Living, Inc., for the Multi-Family Property Acquisition Project, providing for project updates. 3) Recommendation to approve an amendment to the Federal Transit Administration Section 5307 FY13 Program of Projects and approve a budget amendment recognizing recovery of funds in the amount of $16,362 in connection with bus wrap removal on three Collier Area Page 11 April 22, 2014 Transit (CAT) buses. 4) Recommendation to approve a Substantial Amendment to the Emergency Solutions Grant FY2013-2014 Action Plan redirecting funds from St. Matthew's House to The Shelter for Abused Women and Children and approve a subrecipient agreement in the amount of $79,584 to fund shelter operations. 5) Recommendation to approve the purchase of an ADA beach access wheelchair and wildlife proof trash/recycling containers and make a finding that this expenditure promotes tourism. 6) Recommendation to approve an agreement between the National Down Syndrome Society and Collier County to conduct the Fifth Annual Buddy Walk at North Collier Regional Park on October 25, 2014. 7) Recommendation to approve the First Amendment to the subrecipient agreement with Habitat for Humanity for the Community Development Block Grant Faith Landing Infrastructure Project to clarify the project scope and reporting requirements. 8) Recommendation to authorize payment of a $1,790.21 invoice for the public's use of Sovereignty Submerged Lands at Caxambas Boat Park, approve submittal of the 2013/2014 Florida Annual Wetslip Revenue Report to the Florida Department of Protection and authorize the Chairman to sign the Revenue Report Certification. 9) Recommendation to authorize a budget amendment, in the amount of $116,300, to fund the South Marco Restroom replacement and to make a finding that the project expenditure promotes tourism. 10) Recommendation to authorize a budget amendment in the amount of $85,500, to fund the Clam Pass Park Tram Station replacement and to make a finding that the expenditure promotes tourism. 11) Recommendation to approve an Amendment and an Attestation Statement with Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Choices of Southwest Florida for the Alzheimer's Disease Page 12 April 22, 2014 Initiative program to ensure continuous funding for FY 2013/2014. 12) Recommendation to approve and authorize the Chairman to sign an amendment to the FY 2013-2014 State Aid to Libraries Grant Agreement to meet deliverables requirements as required by the State. 13) Recommendation to approve a Resolution consenting to the transfer of an Affordable Housing Multifamily Development known as Saddlebrook Village Apartments located on Davis Boulevard and approving an Assignment and Assumption of the Affordable Housing Density Bonus Agreement and a termination of the Affordable Housing Density Bonus Agreement on March 24, 2015, the date upon which the fifteen year affordability period expires. 14) Recommendation to reject the only proposal received for Request for Proposal #14-6202 Museum Bus Tours for the Museums. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to award Invitation to Bid (ITB) #14-6200 for the supply and installation of raised flooring to facilitate the installation of technology upgrades in the Courthouse courtrooms, in the amount of $92,817, to EZ-AXEZ, LLC; and authorize the Chairman to sign the contract. 2) Recommendation to approve a Resolution authorizing the Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2014 calendar year. 3) Recommendation to accept the report concerning the sale, donation of items, and disbursement of funds associated with the County surplus auction held on March 29, 2014, and to approve a resolution authorizing the County Manager, or his designee, to perform the ministerial function of executing certificates of title for County- Owned vehicles sold or set for sale at future auctions, donations or trade-ins. 4) Recommendation to approve additions, deletions, and reclassifications to the 2014 Fiscal Year Pay and Classification Plan made from Page 13 April 22, 2014 January 1, 2014 through March 31, 2014. 5) Recommendation to authorize the Chairman to execute an Agreement with Edison State College and Medical Career Institute to provide EMS Department supervised skill training and internship experience to students enrolled in Emergency Medical Services Technology Programs. 6) Recommendation to approve a Lease Agreement with East Naples Fire Control and Rescue District for EMS Department's use of Station 20. 7) Recommendation to approve a Lease Agreement with Health Management Associates (HMA) for EMS Department's use of space at Physicians Regional Medical Center on Collier Blvd. F. COUNTY MANAGER OPERATIONS 1) Recommendation to accept and approve the completed alternative water and sewer impact fee calculation and approve a reimbursement of water and sewer impact fees in the amount of$76,457.50 to Randall Benderson Trust as a result of the alternative impact fee calculation. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2013-14 Adopted Budget. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to reappoint two members to the Tourist Development Council. 2) Recommendation to reappoint one member to the Forest Lakes Roadway and Drainage Advisory Committee. Page 14 April 22, 2014 3) Recommendation to approve an Interlocal Agreement and a Lease Agreement with the North Naples Fire Control and Rescue District (NNFD) addressing coordination between the County and the NNFD regarding Fire Plans Review and providing the District with work space for its Fire Plans Review staff in the Growth Management Division's offices. (Commissioner Henning) 4) Recommendation to approve an Interlocal Agreement (ILA) with Golden Gate Fire Control and Rescue District (GGFD) providing that the County assume fire plans review duties on behalf of ENFD and the County's dependent fire districts, including Isles of Capri, Ochopee and Collier Fire District One, and authorizing the ENFD Fire Chief or his designee to act as the approving authority over fire plans review for the County's dependent fire districts. (Commissioner Henning) 5) Recommendation to approve an Interlocal Agreement (ILA) with East Naples Fire Control and Rescue District (ENFD) providing that the County assume fire plans review duties on behalf of ENFD and the County's dependent fire districts, including Isles of Capri, Ochopee and Collier Fire District One, and authorizing the ENFD Fire Chief or his designee to act as the approving authority over fire plans review for the County's dependent fire districts. (Commissioner Henning) MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board accepts the investment update report for the quarter ended March 31, 2014. 2) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of April 3, 2014 through April 9, 2014. 3) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of April 10, 2014 through April 16, 2014. Page 15 April 22, 2014 K. COUNTY ATTORNEY 1) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Gilbert Hippolite in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair of a County owned message board in the amount of$16,572.85, plus costs of litigation. 2) Recommendation to ratify and approve a stipulated Final Judgment as to Publix's interest in Parcels 113FEE and 1 13TCE as part of the US- 41 / Collier Boulevard Intersection Improvement project (Project No. 60116) Fiscal Impact: $4,768. 3) Recommendation to approve and authorize the expenditure of up to $3,000 for mediation services for Court Ordered Mediation in the matter of Collier County and Ted Smallwood's Store, Inc. v. Florida Georgia Grove LLP (Case No. 11-1640-CA). 4) Recommendation to approve an after-the-fact agreement with St. Matthew's House for catering services at the 2014 RSVP Volunteer Appreciation Luncheon held on March 20, 2014. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Page 16 April 22, 2014 A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20130002593 to vacate a portion of the 25-foot drainage easement being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County, Florida, also being a part of Section 35, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A. B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance 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 Mobile Home (MH) zoning district to a Residential Planned Unit Development (RPUD) zoning district to allow up to 44 residential dwelling units for a project to be known as the Dockside Planned Unit Development. The subject property is located east of Collier Boulevard (CR 951) on Henderson Creek Drive in Section 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 6.0± acres; and by providing an effective date (PUDZ-PL20130001163). C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2013-14 Adopted Budget. D. Recommendation to adopt an Ordinance proposing amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Potable Water sub-element of the Public Facilities Element to amend Policy 1.7 to reference the updated Ten Year Water Supply Facilities Work Plan, and furthermore recommending transmittal of the adoption amendment to the Florida Department of Economic Opportunity (CPSP-2013-7). 18. ADJOURN Page 17 April 22, 2014 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 18 April 22, 2014 April 22, 2014 COMMISSIONER NANCE: Ladies and gentlemen, we're waiting for the arrival of our chair, but we're going to go ahead and begin today's April 22nd Board of County Commission meeting. We're going to begin with the invocation and the Pledge of Allegiance, with the invocation delivered by Reverend Beverly Duncan from the Naples United Church of Christ. (Applause.) Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND DUNCAN: Let us pray. Still creating God, God of many names, in the spirit of this day and every day that you have made, may we rejoice in the unity of prayer and in your gift to us of life, love, faith, and freedom. May we never take them for granted. We come in prayer this morning to you, oh, God, and as our citizens are called on May 1st to a National Day of Prayer, may it be a time of sincerity and a deep communion with you. Keep us from practicing the sometimes divisive forms of religion instead of seeking your power and presence and following your call and being your face to others. Through your ever-dynamic spirit at work in each of us, may we find the strength needed for this day of commission deliberations and, indeed, every day. Amen. COMMISSIONER NANCE: Commissioner Fiala, would you lead us in the pledge, please, ma'am. COMMISSIONER FIALA: I'd love to. (The Pledge of Allegiance was recited in unison.) COMMISSIONER NANCE: That takes us to approval of today's regular, consent, and summary agenda. Page 2 April 22, 2014 Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EXPARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Good morning, Mr. Vice Chair, members of the board. With the board's indulgence, I'd like to go through the proposed agenda changes for the Board of County Commissioners' meeting of April 22, 2014. The first proposed change is to continue Item 16D2 to the May 13, 2014, BCC meeting. That change is made at Commissioner Fiala's request. (Chairman Henning is now present.) MR. OCHS: We have three agenda notes this morning, Commissioners. The first agenda note has to do with Item 11E. There's a phrase that was deleted from the title of the executive summary, and that title should read, "Recommendation to approve a county purchasing manual establishing procurement and contract administration procedures that support execution of the board's purchasing ordinance adopted on December 10, 2013, and direct the county attorney to prepare the necessary resolution of adoption for signature by the chair. That addition is made at both the staff and the county attorney's request. The next agenda note has to do with Item 16D7 on your consent agenda. There's an add-on phrase to Section 9.B.5 of the subrecipient agreement between Collier County and the Habitat for Humanity, and that additional phrase reads, "For 12 or more home-assisted units pursuant to 24 CFR 92.354." That addition is made at the staffs request. And the final agenda note has to do with Item 16H4, and that is Page 3 April 22, 2014 to correct a typographical error in the executive summary title, "Regarding fire plan review agreements between the board and the Golden Gate Fire Control and Rescue District," and the change is noted, instead of the acronym ENFD, it should be changed to GGFD for Golden Gate Fire District. That correction is made at staffs request. Commissioners, also a note that we'll be having lunch at 12 o'clock this afternoon with the students from the Know Your County Government program, and that lunch will be on the fifth floor of this building. We have two time-certain items on the agenda today. The first time-certain item is Item 11C that will be heard at 10 a.m., and the second time-certain item is Item 11E, and that is scheduled to be heard at 10:45 a.m., and, as usual, you have your court reporter break set for 10:30 a.m. and 2:50 p.m. if necessary. Item 7, your public comment on general topics, is heard no sooner than 1 p.m. And those are all the changes that I have today, Mr. Chair. CHAIRMAN HENNING: Thank you. County Attorney. MR. KLATZKOW: No changes, sir. CHAIRMAN HENNING: Commissioner Coyle, any further changes to today's agenda or ex parte on today's consent or summary agenda? COMMISSIONER COYLE: I have no further changes to the agenda; however, I have ex parte disclosure for 16A6. I had meetings with Tim Hancock and Mike Metcalf on June the 13th of 2013, and I received some emails, and they're in my file. CHAIRMAN HENNING: Thank you. Commissioner Fiala, good morning. Do you have any changes to today's agenda or ex parte communication? COMMISSIONER FIALA: Good morning. No, I have no changes, no corrections on the consent agenda; Item No. 16A2, Page 4 April 22, 2014 correspondence and emails and updates from the staff. 16A -- oh, there's nothing there. Hold on just a minute. Let me look through my whole list here. 16A5, I just had correspondence and emails and, again, updates from staff; 16A6, correspondence and emails and calls, updates from staff, and spoke with Tim Hancock on June 12th last year. And I -- oh, and on 17B, which is the summary agenda, I had meetings, correspondence, emails, updates from staff, and a meeting with Rich Yovanovich, Wayne Arnold, and Karl Keener. CHAIRMAN HENNING: Thank you. I do not have any changes to today's agenda. Ex parte, 17B, I received planning staffs report to the Planning Commission. Good morning, Commissioner Hiller. Do you have any further changes to today's agenda or any ex parte communication? COMMISSIONER HILLER: I do. I'd like to move 16A21 to the general agenda. I have no disclosures on consent. And on summary, I received the staff report and reviewed it for 17B. MR. OCHS: Mr. Chairman, that item will become 11F on your regular agenda. CHAIRMAN HENNING: Okay. Thank you. Good morning, Commissioner Nance. Thank you for conducting the meeting in my absence. COMMISSIONER NANCE: No problem, sir. My pleasure. Glad to have you this morning. Mr. Chairman, I have an emergency add-on agenda item that I would like to present to the board for its consideration. It was brought forward as a result of information that became available after 5 p.m. on Good Friday. And I have hard copies, and I've also sent electronic copies to members of the board and others in the community. The item is involving the consent order and cease and desist order between Florida Department of Environmental Protection and the Dan A. Page 5 April 22, 2014 Hughes Company oil well operations in Golden Gate Estates. I would like to also request that this item not be heard before 1 :30 this afternoon so that citizens of interest can plan on commenting on this item, that we have an open process regarding this agenda item. On ex parte, I have no ex parte on today's consent agenda. On the summary agenda, I have received the staff report on Item 17B regarding the Dockside planned unit development. Nothing else, Mr. Chairman. CHAIRMAN HENNING: Okay. I see in my in-box I received, prior to 9 a.m., your add-on. Is there an executive summary to the add-on? COMMISSIONER NANCE: Yes, sir. It's been delivered to you electronically, and I will also give hard copies to the board. CHAIRMAN HENNING: Thank you. Okay. Did you give your ex parte communication? COMMISSIONER NANCE: Yes, sir. CHAIRMAN HENNING: Okay. COMMISSIONER NANCE: Mr. Ochs, which -- what item will the add-on be, sir? MR. OCHS: Commissioner, the add-on will be Item 11C under Board of County Commissioners. I'm sorry, 10C; my apologies. IOC, Board of County Commissioners. CHAIRMAN HENNING: Okay. Any further changes to today's agenda? (No response.) CHAIRMAN HENNING: Seeing none, all in -- I'll entertain a motion to approve today's agenda as amended. COMMISSIONER HILLER: Motion to approve -- COMMISSIONER FIALA: Motion to approve. COMMISSIONER HILLER: -- today's agenda as amended. CHAIRMAN HENNING: Motion by Commissioner Hiller, second by Commissioner Fiala. Page 6 April 22, 2014 All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Now we go to? Page 7 Proposed Agenda Changes Board of County Commissioners Meeting April 22, 2014 Continue Item #16D2 to the May 13, 2014 BCC Meeting: Recommendation to approve the Second Amendment to the Home Investment Partnership Program Subrecipient Agreement with Community Assisted and Supported Living, Inc., for the Multi-Family Property Acquisition Project, providing for project updates. (Commissioner Fiala's request) Note: Item 11E: Revise the Executive Summary title to read: Recommendation to approve a County Purchasing Manual establishing procurement and contract administration procedures that support execution of the Board's Purchasing Ordinance adopted December 10,2013, and direct the County Attorney to prepare the necessary Resolution of adoption for signature by the Chair. (Staff and County Attorney's request) Item 16D7: Section 9.B.5 of the Subrecipient Agreement Amendment between Collier County Housing, Human and Veteran Services and Habitat for Humanity of Collier County is revised to include the following additional language: Pursuant to HUD letter dated January 8,2014 from Steven A. Bales, Labor Relations Specialist,this project is not required to meet Davis Bacon requirements unless HOME funds are utilized in the project, for 12 or more HOME assisted units pursuant to 24 CFR 92.354. (Staffs request) Item 16H4: Executive Summary title corrected to read: Recommendation to approve an Interlocal Agreement(ILA) with Golden Gate Fire Control and Rescue District (GGFD) providing that the County assume fire plans review duties on behalf of ENFD GGFD and the County's dependent fire districts, including Isles of Capri, Ochopee and Collier Fire District One, and authorizing the ENFD Fire Chief or his designee to act as the approving authority over fire plans review for the County's dependent fire districts. (Staffs request) Commissioners will be attending lunch with the Know Your County Government Teen Citizenship Program in the 5th Floor Conference Room-Administration Building-from 12:00 to 1:00 p.m. Time Certain Items: Item 11C to be heard at 10:00 a.m. Item 11E to be heard at 10:45 a.m. 4/22/2044 N:59 AM April 22, 2014 Item #2B MINUTES FROM THE MARCH 25, 2014 BCC/REGULAR MEETING — APPROVED AS PRESENTED MR. OCHS: Item 2B, sir, which is the approval of the minutes of the Board of County Commissioners' meeting of March 25th, 2014. COMMISSIONER NANCE: Move to approve. CHAIRMAN HENNING: Motion by Commissioner Nance. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. Item #2C MINUTES FROM THE APRIL 1, 2014 BCC/WORKSHOP MEETING — APPROVED AS PRESENTED MR. OCHS: Item 2C is approval of the Board of County Commissioner workshop minutes of April 1 , 2014. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HILLER: (No verbal response.) CHAIRMAN HENNING: Motion by Commissioner Fiala, seconded by Commissioner Hiller. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. Page 8 April 22, 2014 CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #3A EMPLOYEE SERVICE AWARDS — 20 YEAR ATTENDEES Now we have the privilege of having employee service awards. Would the board members please join me in front of the dais. MR. OCHS: Commissioners, we're pleased to honor three employees this morning celebrating 20 years of service with county government. Our first recipient from Water Distribution, 20 years of service, is David Fox. David? (Applause.) CHAIRMAN HENNING: Good morning. Thanks for your service. MR. FOX: Yep. Thank you. COMMISSIONER HILLER: Congratulations. Thank you for your service. COMMISSIONER COYLE: Congratulations. COMMISSIONER FIALA: Thanks. COMMISSIONER NANCE: Thank you. CHAIRMAN HENNING: Turn around and get a picture. MR. OCHS: Back up a little bit, David. MR. FOX: Back up a little bit? Hold this up like this. Smile. (Applause.) MR. OCHS: Thanks, David. (Applause.) Page 9 April 22, 2014 MR. OCHS: Celebrating 20 years of service with our Traffic Operations Section, Barbara LaPierre. Barbara? (Applause.) CHAIRMAN HENNING: Good morning. Congratulations. COMMISSIONER HILLER: Congratulations. Thank you for your service. COMMISSIONER COYLE: Good morning. Thank you. COMMISSIONER FIALA: Thanks so much for your service. (Applause.) MR. OCHS: Congratulations. Celebrating 20 years of service with Road Maintenance, Mark Lindsay. Mark? (Applause.) MR. LINDSAY: How you doing? CHAIRMAN HENNING: We're doing great. Looks like you're doing well. Congratulations. COMMISSIONER HILLER: Congratulations. Thank you for your service. COMMISSIONER FIALA: Thank you so much. COMMISSIONER COYLE: Congratulations. MR. LINDSAY: Say cheeseburger, right? (Applause.) Item #3B EMPLOYEE SERVICE AWARDS — 30 YEAR ATTENDEES MR. OCHS: Commissioners, we're pleased this morning to celebrate an employee's 30 years of service with county government, one of the linchpins of our Office Management and Budget, Pat Lehnhard. Pat? (Applause.) Page 10 April 22, 2014 CHAIRMAN HENNING: Thank you. COMMISSIONER HILLER: Thank you so much. MS. LEHNHARD: Thanks, Donna. COMMISSIONER COYLE: Thank you very much. (Applause.) MR. OCHS: And that concludes our service awards this morning. Thank you, Commissioners. Mr. Chairman, that takes us to Item 4 on your agenda this morning, proclamations. CHAIRMAN HENNING: Yes. Please, go ahead. Item #4 PROCLAMATIONS — ONE MOTION TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION CELEBRATING THE THIRTY-FOURTH ANNIVERSARY OF KNOW YOUR COUNTY GOVERNMENT WEEK— ADOPTED MR. OCHS: Item 4A is a proclamation celebrating the 34th anniversary of Know Your County Government Week. To be accepted by Sara Jamhour from Naples High School; Jake LaRochelle from Barron Collier High School; and Kenny Igarza from Lely High School. If you'd step forward and receive your proclamation. (Applause.) MR. OCHS: Come on up. Scrunch in tight. All right. (Applause.) MS. JAMHOUR: Good morning. I'm Sara Jamhour. I'm a Page 11 April 22, 2014 sophomore from Naples High School. MR. LaROCHELLE: Good morning. I'm Jacob LaRochelle. I'm a sophomore from Barron Collier High School. MR. IGARZA: Good morning. I am Kenny Igarza. I am a junior from Lely High School. MS. JAMHOUR: We wish to thank the commission, county manager, all participating county officials, the constitutional officers, and adults from 4H, the League of Women Voters, and the Collier County Public Schools who have worked together to make the Know Your County Government program possible. MR. LaROCHELLE: Twenty-six teens from throughout the county are participating this year representing Barron Collier, Naples, Golden Gate, Lely, and Immokalee high schools. MR. IGARZA: And some of the things we learned this year was that -- we learned a little bit about the history of the Collier County through the Collier County Government and the fact that the highest point in Naples resides in the county landfill and, finally, that -- and, finally, that we're feeling really secure within this building, thanks to the great job that the facilities management has been doing so far. (Applause.) MS. JAMHOUR: What impressed me most, personally, was learning how interconnected all the building and processes are to one another, how, like, the health department, county landfill, water treatment plant, tax collector, and more all have integral roles in our community. MR. LaROCHELLE: Today we are also looking forward to continuing through the rest of seeing most of this County Commissioners' meeting, then we are going to go over to meet the Clerk of Courts and see how all these documents that are very important to the wheels of justice are kept, and then we're going to meet with a courtroom judge so we can actually hear more about these important judicial processes, and then we're going to have lunch with Page 12 April 22, 2014 you commissioners and hopefully get to know you on a more personal level. MR. IGARZA: In addressing the board, we were able to add another component to our learning process, so thank you for your support. (Applause.) CHAIRMAN HENNING: Thank you. Next proclamation. Item #4B PROCLAMATION DESIGNATING MAY 8, 2014 AS COOPERATIVE EXTENSION DAY IN COLLIER COUNTY RECOGNIZING THE 100TH ANNIVERSARY OF THE COOPERATIVE EXTENSION — ADOPTED MR. OCHS: Item 4B is a proclamation designating May 8, 2014, as Cooperative Extension Day in Collier County recognizing the 100th anniversary of the cooperative extension. To be accepted by Brian Fluech, OF/IFAS County Extension Director, and Dr. Calvin Arnold, the Director of the Immokalee Research and Education Center. Gentlemen, if you'd please step forward and receive your proclamation. (Applause.) MR. FLUECH: Could we get the whole staff up for a picture? MR. OCHS: Sure. If it's okay with the chair. MR. FLUECH: Could we get the whole staff up for a picture? COMMISSIONER HILLER: Sure. Oh, absolutely. We'd love that. COMMISSIONER NANCE: We're also joined this morning by Dr. Phil Stansley and Dr. Fritz Roka from the Southwest Florida Page 13 April 22, 2014 Research and Educational Center. As always, gentlemen, welcome. CHAIRMAN HENNING: Thanks. How'd you know I needed a pen? MR. FLUECH: 100th anniversary pen. COMMISSIONER HILLER: Oh, cool. Thank you. COMMISSIONER NANCE: Thank you, sir. I appreciate it. Here, Brian. COMMISSIONER HILLER: That's really nice. (Applause.) MR. FLUECH: Commissioners, on behalf of my staff and the volunteers that we work with and train, we want to recognize and thank you for your support for this proclamation. I think -- those of us that are in OF/IFAS are very proud of this 100th anniversary, and we fully recognize that it would not happen without local support. We do have offices in all 67 counties, and I'm very fortunate -- with the staff I have, we are very active in Collier County. And, granted, I probably will not be here for the next 100th anniversary, but I certainly hope, with the partnerships that we do have, it will. And I do want to recognize, as I said, Calvin Arnold, because another part of OF/IFAS not only is the extension but the research that goes behind it. And particularly for our agricultural industry, which is absolutely a pivotal stone -- or a cornerstone for this community. I want to recognize Calvin. If you'd come up and say a few words, too, about the research center, because that's certainly a fix in the county as well. COMMISSIONER FIALA: And could you tell people what IFAS means? MR. FLUECH: Yes. So if you're not familiar with IFAS, this is the Institute of Food Agricultural Sciences, and it is housed at University of Florida. Granted, that is up in Gainesville but, like I said, we have extension offices in all 67 counties. We also have Page 14 April 22, 2014 research centers in 12 locations around the state, and we are fortunate enough in the county to actually have one out in Immokalee as well. And the whole purpose of extension is just that, taking this research-based information and applying it to the communities. Here in Collier we're very fortunate because, yes, we work in the field of agriculture, which most people think of traditional extension, but we also have programs focusing on 4H youth development, as you just heard with Know Your County Government; family nutrition program; horticultural. A lot of people have questions about their landscapes. I work on sea grant and fisheries issues, and a little bit of everything in between, small farms. So very active in the community. And, again, it would not happen without your support, so I appreciate it. And, Calvin, if you want to say a word. DR. ARNOLD: Thank you very much, Commissioners, for this honor that you've proclaimed today. It's great to be back in Southwest Florida. I was here for 10 years, back 1985 to '95 when the research and education center was formed in Immokalee. I'm looking forward to renewing our collaboration with you as we attempt, as Brian said, to generate new technologies and extend those technologies to support agricultural businesses and entities in Collier County. I also would like to take this opportunity to thank the commission for your support of the legislative budget request that's in Tallahassee right now. As a matter of fact, it's my understanding the conference committee convened last night. COMMISSIONER HILLER: They did. DR. ARNOLD: And we've got our fingers crossed that there will be some new funding to support the center. And we wish you the very best in your other legislative budget requests, and we've all got our fingers crossed. Page 15 April 22, 2014 And I look forward to working with you, and please don't hesitate to call on us, because we want to ramp up our collaboration with the commission. And thank you very much for this honor today. CHAIRMAN HENNING: Thank you. (Applause.) CHAIRMAN HENNING: Commissioner Fiala has a question. COMMISSIONER FIALA: Just one little thing, and that is a number of us have been working very hard with people in Tallahassee to try and make sure that the funding comes here. We can never make sure, but we certainly have placed some well-meaning pleas that they fund this. And it was Commissioner Nance, Commissioner Hiller, and myself. So I just wanted you to know we've been working behind the scenes for you, too. COMMISSIONER NANCE: Yes, Mr. Chairman. I would like to particularly thank Commissioner Fiala and Commissioner Hiller for their work when they were in Tallahassee on behalf of the Institute of Food and Agricultural Sciences. Just for everybody's benefit, I would like to just give you a little bit of information and let you know how important this institution is to us in Collier County and actually nationally. The Institute of Food and Agricultural Sciences research and development covers the natural resources industries that have over a $133 billion economic impact in the state of Florida and are directly supporting of 1 .6 million jobs in the state of Florida. This program at IFAS is ranked number one in the nation by the National Science Foundation as recently as 2008. According to the USDA, the median rate of return on public investment in U.S. agriculture is over 40 percent, which translates to a cost-benefit ratio of one to 10; meaning for every dollar invested, it returns $10 in benefits. Nationally, the University of Florida has outstanding rankings. They currently rank 12th in a national ranking of research and Page 16 April 22, 2014 development spending related to the 30 top public universities with research and development spending of $740,000,000. Nationally, if you include private research institutions, they rank 18th in the nation, ahead of MIT and the University of California at Berkeley. So thank you so much. It's a very important institution. Congratulations on your service, and we really look forward to working with you closely. Thank you so much. DR. ARNOLD: Thank you. (Applause.) Item #4C PROCLAMATION RECOGNIZING MAY 3 - MAY 11, 2014 AS TOURISM WEEK IN COLLIER COUNTY — ADOPTED MR. OCHS: Mr. Chairman, that takes us to Item 4C, which is a proclamation recognizing May the 3rd through May the 11th, 2014, as Tourism Week in Collier County. To be accepted by Jack Wert, Tourism Director. And this item is sponsored by the entire Board of Commissioners. (Applause.) MR. WERT: Thank you, Mr. Chairman, County Commissioners. Thank you so much for this recognition. As many of the statistics show in this proclamation, tourism is certainly one of the most important industries here in Collier County. Over 34,000 people in our community are employed directly or indirectly in this industry, hospitality and tourism. And that has been growing, really. For the past 27 months, we have seen more jobs added in this sector each and every month. It's one of the big reasons that last year Governor Scott did recognize Collier County as having the highest job growth in the state of Florida. Page 17 April 22, 2014 We certainly are very proud of that -- to certainly be a part of that growth. This proclamation we will be presenting to the tourism industry on May the 6th. That's the day of our 12th Annual Tourism Star Awards Luncheon. That's going to be at New Hope events center on Davis Road. Certainly all the commissioners are invited to attend, if you're able. Also that afternoon something new we've added to that celebration, and that is a tourism industry rally also at the New Hope events center, and we're inviting the public. We're inviting families of all the tourism industry partners to join us as well. We'll have, looks like, about 20-plus attractions, museums, and so forth with an exhibit so that the general public can really understand what it is that we have here in our own community to offer visitors, and it certainly is to the benefit of our citizens as well. So, again, we thank you very much for this proclamation and this recognition of this industry, and a thanks, really, from all of the citizens, I think, of Collier County that our visitors really do help us save money. Our citizens this year will pay about $700 less in taxes because we had visitors coming here spending money in our community. Thank you so much. (Applause.) CHAIRMAN HENNING: Thank you. Item #4D PROCLAMATION DESIGNATING MAY 2014 AS DRUG COURT MONTH IN COLLIER COUNTY — ADOPTED MR. OCHS: Item 4D is a proclamation designating May 2014 as Drug Court Month in Collier County. To be accepted by the Honorable Janeice T. Martin, Collier County Judge, and this item is Page 18 April 22, 2014 sponsored by the entire Board of County Commissioners. Judge Martin. (Applause.) JUDGE MARTIN: Mr. Chairman and fellow commissioners, thank you so much for the privilege of recognizing us. I am Judge Janeice Martin, and it is, to use the word again, a tremendous privilege to over the Collier County Adult Drug Court. Our motto is "Changing and saving lives through honesty, personal responsibility, and recovery." And I was noting with my participants -- and we've also got clinicians and probation all represented here today -- that it's really a wonderful day in the criminal justice system when a group of young people who have had challenges such as these have are brought before our elected leaders and congratulated for their efforts to overcome those challenges. These are the people Mr. Wert just referenced that were working to serve all these tourists. They were very happy to have great jobs this year because of the efforts of this commission to set an atmosphere in which they can thrive and recover. Just a few words about what drug court is. Our participants are citizens with drug-related felony charges, most often possession of drugs or things like theft and pawning to pay for the habit. Our program's entirely voluntarily. If the state attorney approves somebody for admission into the court, the participant accepts, willingly, a suspended sentence of anywhere from one to four years in prison, and they exchange that for the promise that they will perform with us for two years of very intensive probation. Most -- well, actually, most don't make it. We're just barely starting to see numbers over 50 percent of success in our program. It's extremely intense. Accountability is at the core of every single move they make for those months with us. A strict curfew, daily meetings of AA, NA, or a similar group, group sessions starting out at a frequency of three times a week, weekly court appearances with yours Page 19 April 22, 2014 truly, individual counseling as needed, and constant random testing. Accountability, accountability, accountability. Most importantly, they pay for all that. They pay -- they work in our jobs, and they pay for their own treatment. They take responsibility for their treatment, they own it, and that is where we see the results. Our goal is to assist them in achieving a lasting recovery, not just a stretch of sobriety so they can get off probation, but a lasting recovery that allows them to become contributing members, reunited with their family, their children, supporting their children, being good employees and even good bosses. We get them out of the criminal justice system and keep them out with this program. All of this translates to a substantial savings for the people of Collier County; savings in crimes that don't happen, savings in jail nights and prison nights that don't have to be spent, savings in tax dollars that are paid by working individuals, savings all around. The citizens, the businesses, and the government of Collier County wins big with drug court. And for all of those reasons, we're so grateful to each of you for your support and to the larger community. Thank you. CHAIRMAN HENNING: Thank you. (Applause.) JUDGE MARTIN: We'll clear your room here. CHAIRMAN HENNING: Next proclamation? Item #4E PROCLAMATION RECOGNIZING NATIONAL CORRECTIONS OFFICER WEEK IN COLLIER COUNTY — ADOPTED MR. OCHS: Yes, sir, Mr. Chairman. Page 20 April 22, 2014 Item 4E is a proclamation recognizing National Corrections Officer Week in Collier County. To be accepted by Sheriff Kevin Rambosk, Chief Chris Roberts, Commander Kevin McGowan, and several of our corrections officers. And this item is sponsored by the Board of County Commissioners. If you'd please step forward. (Applause.) CHAIRMAN HENNING: These are the men and women we never see. Hopefully never have to. (Applause.) SHERIFF RAMBOSK: Good morning, Chairman, members of the Commission. I just want to take a moment to thank you for the recognition of men and women who -- I don't know who said it on the dais, but -- we don't get to see each and every day. The corrections element of law enforcement is one of the most difficult and challenging elements that we provide, because our men and women go in each and every day to face the worst of Collier County. They are responsible for their care, custody, and control, and to make sure that, more importantly, the rest of our agency members and the community can sleep at night. We are responsible for an average of 900 inmates on any given day. And I just am very proud and want to recognize their professionalism, and thank you for recognizing their professionalism as well. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Thank you. SHERIFF RAMBOSK: Thank you. (Applause.) Item #4F Page 21 April 22, 2014 PROCLAMATION RECOGNIZING APRIL 2014 AS DROWNING PREVENTION MONTH — ADOPTED MR. OCHS: Item 4F is a proclamation recognizing April 2014 as Drowning Prevention Month. To be accepted by the Naples Community Hospital Safe and Healthy Children's Coalition Chair, Pat Reed; Dr. Todd Vetter, Board Member; Paula DiGrigoli, Executive Director and support staff. This item is sponsored by the Board of County Commissioners. (Applause.) COMMISSIONER FIALA: You guys have done such a great job, I'll tell you. (Applause.) MS. DiGRIGOLI: Good morning. My name is Paula DiGrigoli. I'm the Executive Director for the NCH Saving Healthy Children's Coalition. On behalf of the advisory board, the 50-plus agencies that form the coalition, and the many thousands of children that the coalition serves, I want to thank you for proclaiming April Drowning Prevention Month. Unfortunately, drowning continues being the leading cause of death of children ages 1 to 4 in Collier County and also in Florida. But our coalition continues working together with many agencies to prevent these senseless tragedies. Our coalition has implemented many, many, initiatives from the -- since four years ago when the coalition was created. One of our programs is SWIM Central. SWIM Central is a program where we take 3, 4, 5, and 6-year-olds to an aquatic facility for 10 days for a half hour per day. So far this year, we had done -- in total, the number of children that we had done is over 1,200 children that have been able to participate in this life-saving program. This program is thanks to the Page 22 April 22, 2014 generous contributions of the Wine Festival, the Naples Children's and Education Foundation, and 21st Center Oncology. One of the programs that we are very proud and that we have been able to implement is -- and it's also because of the great support of Commissioner Donna Fiala and Barry Williams from Parks and Recreation is the life jacket loaner program. The program was implemented after a drowning death of a two-year old girl during the summer. That was a Friday before 4th of July; Daniella Vasquez (sic) was a little girl. She was having a barbecue with her family in Sugden Park. After the barbecue was done, the family was cleaning up, and Daniella, unfortunately, drowned. Our coalition immediately called to action, and we formed a committee where Commissioner Fiala was very instrumental, and Barry Williams, and we started looking about what could we have done to prevent this senseless tragedy. And we found out that Alaska had this program for many years with great success where they have life jacket loaner programs for people to use. And they were able to give us the graphics and everything. And U.S. Coast Guard auxiliaries are the ones who are inspecting, on a monthly basis, the life jackets. Everybody came together, and we have Jeff Bell and Rick Darby from parks and recreation who built wonderful -- the tracks, and they are here, the stands. And now we have five locations in Collier County where there are 20 life jackets where people can borrow them. And if they take them, so be it, they can take them, and hopefully we'll save them, you know, to being one of the statistics. We have met with the City of Naples, and it looks like they're going to be -- we're going to be implementing the program. Galady Jack (sic) sales have been very instrumental for us to raise the money, and it's not going to cost anything for the community; only it's going to be savings lives. Page 23 April 22, 2014 Another program that I want to share is the Hot Summer Nights, Make a Slash was April 11 . We had North Naples Fire Department, EMS, Sheriffs Office, the City of Naples; many of the community came together, the American Red Cross, and we had 500 high schoolers and middle schooler from Collier County come into the water park this summer, the Sun 'N Fun Lagoon to learn CPR and to learn what to do in case of an emergency. Lastly, I want to invite everybody -- on June 20th we're going to break the world -- Guinness world record to host the largest swimming lesson for a day. This event happens all around the world, and we have a feeling that we have a good chance to break the Guinness world record, which is going to be June 20th at 11 in the morning at the Sun 'N Fun Lagoon. Thank you so much. Together we can continue and hopefully achieve and maintain zero drowning rate in Collier County. Thank you. (Applause.) COMMISSIONER FIALA: Could I just say a word? CHAIRMAN HENNING: Yes, thank you. COMMISSIONER FIALA: Just a little bit of a pat on the back. Paula has been just instrumental in guiding this along. Dr. Vetter has supported her every step of the way. And a few of us have also been working on this committee. And I just want to give a big pat on the back to our parks and rec department. How they came up with the design and built this -- these racks to hold these life jackets, I'll never know, but they did a superb job. They don't fall over. They stand tall. And the guys -- they're so proud of their work. People have come in to support this by donating to be able to buy these life jackets. We have life jackets -- there's 20 on a stand, and then we have 20 in waiting in case some of them disappear. We're happy to see -- if they happen to disappear, possibly somebody needed them to save their life at another time. Page 24 April 22, 2014 And we have life jackets at South Beach, at Tigertail, at Sugden Park, at Clam Pass, at Vanderbilt, and then now we're going to have -- with three in the city, right? And we're happy to see that there's going to be some at the pier. You're hearing about it before they're up, but we're going to be moving forward with that pretty quickly, and another one is going to be at Lowdermilk. And where's the third one, Paula? MS. DiGRIGOLI: It's going to be next to the beach club hotel in the public parking lot. COMMISSIONER FIALA: That is very good. And we have three different auxiliaries that are working with us. They go out and check these things all the time, plus our own parks people come out once a week just to make sure everything is there and replaced if they're missing. So I just want to thank you again for all your efforts. And give them a big hand, our parks and rec, Paula, NCH. (Applause.) Item #4G PROCLAMATION DESIGNATING MAY 1, 2014 AS NATIONAL DAY OF PRAYER — ADOPTED MR. OCHS: Item 4G is a proclamation designating May 1, 2014, as National Day of Prayer. To be accepted by Senior Pastor Grant Thigpen, New Hope Ministries; Dr. Todd F. Stearns, First Baptist Church of Naples; and Reverend Beverly Duncan, Naples United Church of Christ. This item is sponsored by Commissioner Nance. If you'd please step forward. (Applause.) DR. STEARNS: Good morning, ladies and gentlemen of the board and ladies and gentlemen of our community. I'm Todd Stearns, Page 25 April 22, 2014 the Associate Pastor for Worship and Music at First Baptist Church of Naples. It's an honor to receive this proclamation by the board on behalf of our faith community regarding the May 1st National Day of Prayer. We appreciate this thoughtful acknowledgment of the value of seeking after the Lord on behalf of our county, our state, and our nation, and especially on behalf of all of our men and women of the military that are defending our freedom in the world. As a representative of First Baptist Church of Naples and our Senior Pastor, Dr. Wicker, I would like to invite our community and our leaders to a gathering for prayer on May 1st at noon on the Collier County Courthouse steps. I've been attending these prayer gatherings now for the last seven years, and they've always been spiritually enriching and encouraging to me personally as a citizen of this great nation. May God bless each of you, and thank you for your service to our community. CHAIRMAN HENNING: Thank you. (Applause.) PASTOR THIGPEN: Thank you very much. We also have a prayer meeting at 7 p.m. This is in the band shell behind the Golden Gate Community Center. There will be seating available. All of these meetings are interdenominational, and the 7 p.m. meeting will have local pastors represented there praying. We'll also have children from the community. We'll have some songs, you know, that will be sung there; about an hour program. And like my brother said, it's always very enriching. And we'd like to see you there. We'd like to invite everyone to come be with us. You have two opportunities here: Noon at the Collier County Courthouse steps and then 7 p.m. at Golden Gate Community Center band shell. Thank you very much. Page 26 April 22, 2014 CHAIRMAN HENNING: Thank you. (Applause.) CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, Mr. Chairman. This National Day of Prayer has been set aside by Congress for all Americans and, of course, this is the 63rd anniversary and consecutive observance of the National Day of Prayer and the theme "One Voice united in Prayer." It is the pleasure of the Board of County Commissioners to make copies of this proclamation available to everyone in the faith community that would like to add it to their celebration on May 1st with our blessings, and we encourage everyone to attend celebrations that are going to be held on that day. As was mentioned, there's going to be one held here at the government center, and there's also one annually held at the city council hall in Everglades City, and we hope you're able to participate in one of those as you see fit. Thank you very much. Anyone that would like a copy of the proclamation from the board can make a call to the office here, and my assistant, Jim Flanagan, will assist in making sure that the document gets to you in good order. Thank you. CHAIRMAN HENNING: Thank you. Entertain a motion to approve today's proclamations as delivered. COMMISSIONER FIALA: Motion to approve. COMMISSIONER NANCE: So moved -- second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Nance. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Page 27 April 22, 2014 COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Motion carries unanimously. Item #5A RECOGNIZING DUANE NEAL, INSTRUMENTATION AND ELECTRICAL TECHNICIAN, PUBLIC UTILITIES DIVISION, AS THE EMPLOYEE OF THE MONTH FOR MARCH 2014 — PRESENTED MR. OCHS: Mr. Chairman, that takes us to Item 5 on your agenda this morning, presentations. . Item 5A is a recommendation to recognize Duane Neal, Instrumentation and Electrical Technician from our Public Utilities Divisions, as the Employee of the Month for March 2014. Duane, if you'd please step forward. (Applause.) CHAIRMAN HENNING: On behalf of the Board of Commissioners, a plaque for your office or home and a little check of appreciation. Thank you. Thanks for your service. COMMISSIONER NANCE: Thank you, sir. COMMISSIONER HILLER: Congratulations. COMMISSIONER FIALA: Thank you. COMMISSIONER COYLE: Congratulations. MR. OCHS: Get your photo, Duane. Commissioners, Duane's been an employee of the county since 2012. His regular responsibilities include performing specialized electrical work associated with installation, programming, and repair of equipment and machinery at our wastewater treatment plants, our wastewater collection facilities, and many of our off-site facilities as well. Page 28 April 22, 2014 He's always eager to assist his teammates, and his positive attitude and unwavering dedication to the department are reasons that he's honored here today. Duane recently built a test station from spare parts at his facility to be used for training of all the power system team members so they're able to troubleshoot more effectively, thus saving many thousands of county dollars. He's received many accolades from teammates and those he supports in his role. Hardly a day goes by without an operator or plant manager praising Duane's work. He's certainly a valuable asset to the department and truly deserving of this award. And it's my pleasure, Commissioners, to recognize and recommend Duane Neal as employee of the month for March 2014. Congratulations, Duane. (Applause.) CHAIRMAN HENNING: Next item? Item #5B RECOGNIZING DR. JOAN M. COLFER FOR HER UNWAVERING DEVOTION TO IMPROVING THE HEALTH OF EVERY CITIZEN OF OUR COMMUNITY DURING HER ILLUSTRIOUS 14 YEAR TENURE AS DIRECTOR OF THE COLLIER COUNTY HEALTH DEPARTMENT — PRESENTED MR. OCHS: Item 5B is a presentation recognizing Dr. Joan Colfer for her unwavering devotion to improving the health of every citizen of our community during her illustrious 14-year tenure as Director of the Collier County Health Department. Dr. Colfer, please step forward. (Applause.) CHAIRMAN HENNING: Appreciation from all the citizens of Page 29 April 22, 2014 Collier County. DR. COLFER: Thank you. MR. OCHS: Mr. Chairman, if I could make a few remarks. Dr. Joan Colfer has passionately led our county health department since February of 2000, having worked previously in the public health field in Maryland. Dr. Colfer's dedication to creating a healthier community is apparent to all who have worked with her. Her dedication was especially evident during the active hurricane seasons of 2004 and 2005. Her commitment to disaster preparedness and the protection of our most vulnerable residents was evident in her support of our special needs shelters and her insistence that no one was to be released from the special needs shelters until we had verified that their home was safe. Other examples include the all-out efforts she orchestrated for the H 1 N 1 pandemic and her leadership in spearheading the sustaining excellence conferences where she emphasized that public health is about the integration of all sectors of our community working together to address health issues. Dr. Colfer has also built many positive partnerships within our community that have addressed public health issues, such as dental health, access to care through the development of the Physicians' Led Access Network of Collier County, and improved housing for migrant housing in Immokalee. Please join me as we wish Joan and Carl much happiness, and happy boating, by the way, in their retirement. By the way, Joan's husband, Carl, is retiring as well this week from the Clerk of Courts' office, so they're onto their next great adventure. Joan, thank you very much for your service. DR. COLFER: Thank you. (Applause.) DR. COLFER: Thank you so much. Page 30 April 22, 2014 COMMISSIONER HILLER: Yeah. Have we -- Leo, who -- how are we getting -- DR. COLFER: Well, thank you so much. This is just beautiful. It's been an honor and privilege to serve as your health department director here. The work has been meaningful, interesting, challenging, and certainly a whole lot of fun, too. You've got a great staff at the health department. They're very experienced now. As Leo said, we've done all sorts of things; hurricanes, pandemic, whatever. So they continue to drill and train to do those things and do their everyday work in an excellent fashion. So you're going to be in good shape. They're going to be fine. We're looking for a new health department director. We have a good panel of people, and we'll be doing our first interviews tomorrow. So hopefully we'll find a replacement for you very quickly. Thank you so much for all your years of support to me and our health department. Thank you. COMMISSIONER FIALA: Thank you for all you've done. (Applause.) CHAIRMAN HENNING: Dr. Colfer, hang on just a minute. Commissioner Hiller? COMMISSIONER HILLER: Leo -- first of all, Dr. Colfer, thank you very much for your service. We appreciate all you've done, and have a very happy retirement. With respect to Dr. Colfer's replacement, is the selection a position that comes back to us for approval, Leo? MR. OCHS: Joan? It's actually a state appointment, but -- COMMISSIONER HILLER: Is it? MR. OCHS: -- there is a process that the state goes through. COMMISSIONER HILLER: Okay. How does that work? DR. COLFER: It is a state position. And I don't know if you all Page 31 April 22, 2014 remember Torn 011iff, but he was on the search committee when I was chosen. What -- the process they're using now is the position's been advertised probably for about two months now, and there are a number of candidates. There were phone interviews last week, and the four candidates that they chose to interview on the phone, of those, one withdrew, one they decided not to invite down for an interview, but there are two people coming tomorrow for interviews, and there's a local panel that consists of Steve Carnell, myself, Dr. Weiss from the hospital, and then a state person will be down as well. If we choose one or two of these people to go up and meet the surgeon general, that will be just fine, and the surgeon general really has the last say. So Steve Carvell, if you will, and I, are -- and myself are our representatives on that purview panel. COMMISSIONER HILLER: How was the panel selected? DR. COLFER: Actually, they asked me for recommendations of COMMISSIONER HILLER: The state did? DR. COLFER: -- what we wanted. I asked Leo who he wanted from county government, and I had a list of people from the county that have worked well with us. COMMISSIONER HILLER: The state requests the -- DR. COLFER: Yes. COMMISSIONER HILLER: -- panel? And then -- DR. COLFER: Right, they did. COMMISSIONER HILLER: -- we establish a local panel and then give a recommendation and then -- DR. COLFER: Exactly. COMMISSIONER HILLER: The state approves it? DR. COLFER: Right. Page 32 April 22, 2014 COMMISSIONER HILLER: Got it. CHAIRMAN HENNING: Thank you, Doctor. COMMISSIONER HILLER: Thank you. DR. COLFER: Thank you. CHAIRMAN HENNING: Okay. We have a time-certain of 10 o'clock. Item #11C AUTHORIZING THE CREATION OF ADDITIONAL FULL TIME EQUIVALENT (FTES) POSITIONS IN THE GROWTH MANAGEMENT DIVISION IN RESPONSE TO THE ADDITION OF FIRE PLAN REVIEW RESPONSIBILITIES, INCREASED CUSTOMER DEMAND AND ESCALATING TRAFFIC OPERATIONS MAINTENANCE PRIORITIES — APPROVED MR. OCHS: Yes, sir. That's Item 11C on your agenda this morning, Commissioners. It's a recommendation to authorize the creation of additional full-time equivalent positions in the growth management division in response to the addition of fire plan review responsibilities, increased customer service demands, and escalating traffic operations maintenance priorities. And Mr. Casalanguida will present. MR. CASALANGUIDA: Good morning, Commissioners. Thank you for the time. I want to take you through a couple items, and then we'll get into a presentation if you so desire. First, we've come full circle from 2004 to 2014. We went through an upturn and a downturn. It's hard to believe we're trending up as much as we are right now. There was an industry meeting yesterday with NABOR that talked about the forecasts over the next four to five years, and all Page 33 April 22, 2014 positive growth in Collier County. In 2009 the county manager pulled us aside and said, you need to manage the downturn and own the upturn. And I think that is a message that we took to heart. The board supported us through the tough times of restructure and organization to meet the downturn, and now the board, I believe, supports us in the upturn as well, too. And that couldn't be done without the commitment from the staff and the industry that's in the audience right now. Over the last four years, they've helped us refine our business processes, determine what's important, the values that are needed to get this organization back where we are right now today. So you have an item in front of you that kind of ties that together. Two other comments of note. Today on your consent agenda you approved your fire interlocals. A lot of the staffing is being driven by that work that Commissioner Henning worked on with the fire commissioners to bring plan review back into the Growth Management Division. Both is separated with North Naples, Orly Stolts, and integrated with East Naples and Golden Gate. So that staffing is driven by that as well, too, as well as the upturn. On the first slide -- I think I'll take you through real quick -- is to show that we're trying to get our rates to match service levels in our trends for customer satisfaction. Our goal is to not be at that top of the green at the right-hand side, because that's over service and overcharging of fees. Our goal is to be in the green where our customers are happy and that our rates are commensurate with that level of service. And I think we're achieving those targets. We're always working with Nova, that expanded firm, to provide on-call services as well as job bankers who are providing that buffer as we grow. Page 34 April 22, 2014 I can't tell you where this curve will flatten out. I can tell you that our folks here, Jamie, in operations, Mr. Shue and the rest of the staff, with Bill Varian and Kathy Curatolo, we meet regularly, and we determine where our properties are. That's it. I'm going to turn the rest of presentation over to Jamie to talk about some of the numbers that we have experienced recently. MR. FRENCH: Good morning, Commissioners. For the record, my name is Jamie French. First, again, like Nick said, I'd like to thank Commissioner Henning, as well as the rest of the board, for your continued support as well as Nick and our county manager for not only holding these standards or upholding these standards and demanding that we do the same but also supporting us during this time, as well as the bad time, so -- and, really, this presentation that we're going to go through, we could not have done this without the help from Kathy Curatolo and the CBIA as well as Bill Varian, who is our DSAC chairman, and the DSAC Committee. So building activity. If you remember last year, we were here, and we had forecasted out -- we'd been extremely conservative, and we had come back with a forecast of about 5 to 6 percent. Boy, were we wrong. And it's good to be wrong in this particular case, I suppose, other than the fact that it has been extremely busy. And so as we maintain that level of service that I had mentioned earlier, we have to be cognizant of the demands that are coming in that front door. So, on average, we're seeing no less than a 20 percent increase quarter over quarter over quarter. And from where we started tracking back in that first quarter of January 2010, aggregately, we're over 34 percent of increase just on one- and two-family home construction. So we are contemplating this year corning in right at around 2,000 issued one- and two-family homes in Collier County. And, boy, I don't need to tell you to go drive through our community, because Page 35 April 22, 2014 you can certainly see all this development happening. Permitting/inspections. This is important because it talks to us about the complexity of the jobs that are coming forward; same presentation I gave before. So when you have a single-family home come forward versus, let's say, an A/C change-out or water heater or a fence or a Ted shed or something like that, what you see is you see, because of the complexity of the project, Florida Building Code requires that we do many more inspections as well as many more reviews, and those fall right in line with those numbers. Now, this is an aggregate. This is not just one- and two-family homes. This is everything that we're seeing. And, again, following the same path, because if you look to the next slide -- I'm sorry. Here's our multifamily units. Now, these are units. These aren't numbers of buildings. But these are actually single-family dwelling units that have been brought to market and when they were -- when those permits were issued. And then, of course, what always follows rooftops is commercial square footage. You'll see that very large spike there. That's Arthrex out at -- out in Ave Maria. And then we have another one -- another short spike, well, that happened to be Arthrex again. But as we start to see companies come forward and build new buildings -- we're tracking this so that we can forecast out, because there's a difference between an inspector or a plans reviewer that does commercial versus those one- and two-family homes based off of their state-required licensing. Land development. We're starting to see projects that are four years or older as well as new projects that are coming into the door that are becoming very, very active now. They're coming in for re-plats. They're coming in for a lot of land-use activity, because they've changed their business focus but they're adding more single-family home units and much more commercial to these plats Page 36 April 22, 2014 that are coming in for re-plats as well as new. So our inspections there on the land development side, on the engineering inspections side, has increased dramatically as well. And, again, you'll notice, I did not forecast in this -- in this presentation like we did last year simply because we don't want to tell you that it's going to be 5 percent again. The next three slides I'm going to ask Mr. Shue to jump in, because this has to deal with the -- I'm sorry -- the construction and maintenance side as far as their increase and need. MR. SHUE: Good morning, Gene Shue, Operations Director of Growth Management. The first slide you see there is total number of streetlights maintained since 2000. That number's up about 2,500 in that time period, and yet staff has maintained relatively flat, actually down from 2006. We're looking to add one position in that area. The next one is the number of traffic signals maintained. That number's actually up 70 since 2000. Again, the -- in the -- in the 101 funded area, we're looking to add three positions; two in traffic positions. One is in the locates area, and the other is in servicing of these traffic signals and timing of the traffic signals. The third position is actually in operations. We are working on a couple high-priority tasks, project data management and asset management. You folks have seen the presentation on asset management. This ties in carefully with that. Main goal here is to optimize the investment that we have in all of our capital assets and make sure we get the biggest bang for our buck. On our side of the shop, and probably Jamie's as well, all three of the positions that are General Fund related are currently -- or there's three job bankers that are in those positions. With no additional cost to the county, we're re-prioritizing funds, and we're looking to lock these folks up that are already in place, well trained, and make sure we Page 37 April 22, 2014 continue to get the biggest bang for the dollar. MR. FRENCH: Thank you, Gene. The only thing that I would leave you with, Commissioners, is that one of the things that Nick did not mention is that you also, today, on your consent agenda, approved a fee decrease. 113 and 131 , those two funds are enterprise funded. They receive no General Fund contribution to operate. Collectively, between the two funds, we were better than $300,000 in revenue reductions that will take effect in just about 30 days. Actually, about 40 days. It takes us a little time to go through our CityView software contractor to get that programmed in, but we'll continue to revisit that. But with that said, this is the anticipated F'14 weighted to cost. There is no impact to the General Fund. Current revenue streams would support these positions, as well as the anticipated FY'15 costs would also be supported by the current revenue streams and businesses coming in the door. And, of course, we're happy to answer any questions that you might have. CHAIRMAN HENNING: Questions by the board? Jamie, in that last slide, you didn't show reserves of the two funds. We are maintaining a reserve? MR. FRENCH: We are. So the budget guidance on the 131 fund was to maintain nine months of reserve. We are nowhere near there. We're on our way there. I don't have the number off the top of my head. I know on the 113 side, we're about 2.9 million, and we're challenged to have that at six months as far as worth of working/operating within our reserves. So our carryforward this year is going to be pretty severely impacted primarily because of the additional cost with job bankers and Nova expansion, as well as this additional staff. But our reserves, by all means, will be healthy and they will go Page 38 April 22, 2014 forward. And we will not be at that six-month mark this budget year. CHAIRMAN HENNING: You're less than that six-month mark. MR. FRENCH: We will be -- we will be less. We're in -- we're on track to get there. We just don't want to get there all in the same year. CHAIRMAN HENNING: I understand. So what about outstanding loans? Is there -- was that paid off last year? I'm trying to recall. MR. FRENCH: Yes, sir. That was one of the things that we challenged ourselves and the county manager challenged us on was to get out of debt, and we are 100 percent completely out of debt. We -- on both funds. CHAIRMAN HENNING: Commissioner Hiller, Commissioner Nance. COMMISSIONER HILLER: Yeah. I wanted to first compliment you on what a great job you're all doing -- MR. FRENCH: Thank you. COMMISSIONER HILLER: -- in growth management. I mean, it's really outstanding and, you know, increasing the level of service while reducing the cost of the fees to the industry is very commendable and, obviously, a difficult thing to do. The numbers here with respect to the total anticipated costs -- and I'm just moving forward to, for example, Fiscal Year '15 -- are those the burden numbers? MR. FRENCH: Full burden, yes, ma'am. COMMISSIONER HILLER: They're fully burdened with all overhead allocated? MR. FRENCH: That's correct, ma'am. COMMISSIONER HILLER: Okay. And the reason I asked, I wanted to make sure that the salaries that we're paying fall in line with comparables in the private sector. MR. FRENCH: We follow the county's adopted rate schedule Page 39 April 22, 2014 when it comes to the job grade as well as the pay plan. COMMISSIONER HILLER: That's great. Thanks so much. MR. FRENCH: Thank you, ma'am. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. I would just like to commend everybody that has been working in this process and particularly Mr. Casalanguida for his dedication to reorganizing and re-purposing the operations and the full coordination of permitting and planning through this difficult time where government made severe contraction, and now government is having to respond to resurgence of the economy. I think you've done journeyman's work on a difficult task, but I commend you on continuing to work to, you know, re-purposing this whole effort and gain efficiency and cost in organization. So thanks for everything that you did. I know it hasn't been an easy ride for you, but I think you're doing a really good thing. MR. CASALANGUIDA: Commissioner, I've got to tell you, it -- you look around this room, whether it's from the county manager's office to Jamie standing next to me, the industry out there, it just -- everybody's gotten together and just sat down and said what's important. And I cannot take that credit you're giving me without saying it's everybody that sits down with an honest, open thought process as to what's fair. But I'll pass that along to the staff as well. COMMISSIONER NANCE: Absolutely. You know, it is -- it is -- well, you know, you've been kind of the central -- you know, you've been the hub of the wheel. You know, you've taken all the beatings and, you know, we need to give you a little bit of the credit. But working together with everybody to do it, I think, is producing a superior result, so -- COMMISSIONER HILLER: But isn't that -- COMMISSIONER NANCE: -- our thanks to everyone. COMMISSIONER HILLER: Isn't that how it should be? We Page 40 April 22, 2014 beat him up a lot and just say thank you just a wee bit? COMMISSIONER NANCE: Well, I was kidding him today. I said, you know, Nick has been one of the busiest guys in the county. And I said, if I look up and see you keeling over, I said, I know -- I'll know the end of the earth is near, because he's in the best shape of any of us. COMMISSIONER HILLER: Right. And it's really great, because every time there is an issue that comes up, Leo says, okay, Nick, here you go. You can deal with it. MR. OCHS: That's right. COMMISSIONER NANCE: He puts on his -- COMMISSIONER HILLER: And, you know, it's amazing. It's like -- you're right, Commissioner Nance. He's still standing. He's still doing -- COMMISSIONER NANCE: Well, he is. And, you know, I can relate to that. You're going to have a few people that, you know, have to put on their red hat and go to the sound of the guns. And I guess, you know, he's one of those. So -- but thank you to -- COMMISSIONER HILLER: Yeah, no. Thanks to everyone for sure. COMMISSIONER NANCE: -- everyone for a coordinated and a cooperative effort. Thanks so much. COMMISSIONER HILLER: And for doing a great job on cleaning up the airports, too. CHAIRMAN HENNING: We do have public speakers? MR. MILLER: Yes, sir. We have two registered public speakers. Your first speaker is Bill Varian. He'll be followed by Kathy Curatolo. MR. VARIAN: Good morning, Commissioners. For the record, Bill Varian, President of William J. Varian Construction Company and your 2014 DSAC Chairman. From a DSAC point of view, we fully approve the FTEs. Page 41 April 22, 2014 Reminder that it doesn't affect the General Fund, so we fully approve it. On a personal side, I want to say thank you to Nick, Jamie, and everybody else over there. They are performing tremendously. Anytime there's an issue, they're there. Any of their staff are very, very good. You go into their offices, there are stacks of papers, and they're just willing to help you, drop everything else. So I just want to pass that along. So thank you guys for that. Thank you. COMMISSIONER NANCE: Thank you, Bill. And thank you for your time and service, Bill, for being out there and helping out. I appreciate it. MR. VARIAN: You're welcome. COMMISSIONER NANCE: Everybody does. MR. MILLER: Your final speaker is Kathy Curatolo. MS. CURATOLO: Kathy Curatolo with the Collier Building Industry Association. Chairman Henning and Commissioners, it is such a pleasure to stand before you today because it is through collaboration that we are where we are today. I particularly want to thank Nick Casalanguida, Jamie French, Rich Long, and Jonathan Walsh. They do a superb job in leading various aspects of growth management. As our community comes to a point where building becomes somewhat of a focus and a priority, as we look at economic growth and economic stability, collaboration is at the core. We stand before you accepting, acknowledging the work of growth management and in appreciation for them. We fully support these positions. And thank you for your work and support of this industry. CHAIRMAN HENNING: Thank you. Entertain a motion. COMMISSIONER HILLER: Motion to approve. Page 42 April 22, 2014 CHAIRMAN HENNING: Motion by Commissioner -- COMMISSIONER NANCE: Second. CHAIRMAN HENNING: -- Hiller to approve staffs recommendation, second by Commissioner Nance. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion approved unanimously. COMMISSIONER HILLER: Aye, aye, aye. CHAIRMAN HENNING: Now, our next item is at -- time-certain is 10:45, so we're going to go back to the agenda. Item #6A PUBLIC PETITION FROM GARRETT FX BEYRENT, REPRESENTING MEMBERS OF THE AMALGAMATED SIGN HOLDERS UNION, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS AMEND THE CODE OF LAWS AND ORDINANCES TO ALLOW SIGN HOLDERS TO RETURN TO THEIR SITES — PRESENTED; NO DISCUSSION MR. OCHS: Yes, sir. That would take you to your public petition this morning. We have one public petition. It's Item 6A. It's a public petition Page 43 April 22, 2014 request from Garrett Beyrent representing members of the Amalgamated Sign Holders Union requesting that the Board of County Commissioners amend the Code of Laws and Ordinances to allow sign holders to return to their sites. MR. BEYRENT: Good morning. My name is Garrett FX Beyrent. I've lived in Collier County for 42 years as a voting Republican. I'm also a lobbyist for the Bush family, by default, for -- since -- four days before George H. became vice president I got hooked into the organization, and I'm the one who put up all the illegal signs for Jeb Bush, which he thanked me for, because it made the front of Naples Daily News. So I made a couple friends. But I'm not here to be jovial. I'm here because I'm with the Longbow Lobby, and I'm representing the Amalgamated Sign Holders Union. It's a total of 56 people. Unfortunately, that's dwindled by five because two of our members committed suicide last week because, essentially, they lost their jobs. They were both veterans. One was -- his first name is Larry, and he suffered from post traumatic stress disorder, and he left behind a wife that's pregnant. And he couldn't lose another job, and the only job he could get as a veteran was a job holding a sign on a corner. And the other individual we lost was Amanda. She was an army special weapons individual, and she lost her leg in Iraq. And she was holding a sign in a wheelchair. And she committed suicide. The other three people were sent to David Lawrence. They had nervous breakdowns. So, basically, what I'm saying here is that you've got a really screwed up ordinance. I mean, it's ridiculous. All you have to do is ride around town. There's signs illegal everywhere, literally thousands of them. They pop up every weekend without permits, because you can't really get a permit to have a sign in a road right-of-way and, as a result, for some reason, the Code Enforcement Board decided to go Page 44 April 22, 2014 after the individuals that were holding signs on corners because people in well-established upper-class neighborhoods complained about the white trash standing on the corner with signs; looked too much like Miami. I can't disagree with that but, then again, I've been a sign holder myself for seven months. I work for a relative that opened up a small business, and he was in an odd location, and the only way he could get his product out was to have me hold a sign on the corner. He's a young man with five kids. And if you -- I'm assuming everybody got my folder which explained the situation, the 13 individuals that I met most of that are sign holders. We have down syndrome individuals, multiple sclerosis, cerebral palsy, a lot of veterans that can't get jobs because they have mental disorders. We have alcoholics, drug addicts, and convicted felons. Alcoholics like myself, by the way, and I managed to keep that job until about two weeks ago. And I collect social security because of some of the good things in our government. But I'd like to quote Commissioner Nance who -- he hit it on the head last week. He said that, you know, it's not illegal to be poor. But you know what? It is in Collier County. And that's really why I'm here. I'm here because tomorrow I'd like all of the sign holders to be back out on their appropriate corners, and I need you to vote on it. And one of my four land-use attorneys said you can actually do that. You don't need to have a transfer of your power down to staff where they can talk about it for about a year and come back with an ordinance worse than you have right now -- and you have a really bad ordinance; at least the Supreme Court doesn't think too much of it. But that's really what I'm here for. I'm asking you to put these people back to work tomorrow at 8 o'clock. And if you don't do it, they might show up anyway because they don't have jobs. And I thank you for your time. CHAIRMAN HENNING: Thank you. Page 45 April 22, 2014 Any questions? (No response.) CHAIRMAN HENNING: Seeing none, next item. Item #10A DIRECTING STAFF TO BRING BACK AN EXPEDITED AMENDMENT TO LAND DEVELOPMENT CODE (LDC), SECTION 2.03.07.G.6.B, ADJUSTING THE DATE FOR PROGRAM PARTICIPATION REGARDING IMMOKALEE NONCONFORMING MOBILE HOME PARKS TO JANUARY 9, 2020 — APPROVED MR. OCHS: Yes, sir. The next item is Item 10A, and it's a request for reconsideration of Item 16A15 moved from Item 11F from the March 25th BCC meeting agenda. It's a recommendation to direct staff to bring back an expedited amendment to the Land Development Code adjusting the date of the program participation regarding Immokalee non-conforming mobile home parks to January 9, 2020. And this item was placed on the agenda by Commissioner Hiller. COMMISSIONER HILLER: I'd like to make a motion for reconsideration of Item 16A15 moved to Item 11F from the March 25, 2014, BCC meeting, titled "Recommendation to direct staff to bring back an expedited amendment to Land Development Code Section 2.03.07.G.6.b adjusting the day for program participation regarding Immokalee non-conforming mobile home parks." CHAIRMAN HENNING: You realize this LDC amendment's going to come back to us anyways? COMMISSIONER HILLER: Uh-huh. But I think it's important that we reconsider this item to give appropriate direction on that. CHAIRMAN HENNING: Commissioner Nance? Page 46 April 22, 2014 COMMISSIONER NANCE: Yes. I do support this consideration because it is obvious to me, after we talked about the agenda item last time, that there was considerable discussion on the dais and considerable different thoughts about it. So I'm always in favor of having a discussion. I do believe that stability on this issue is important, not only in my district, in District 5, but also in Commissioner Fiala's district, District 1, where there are a lot of mobile home parks. So I will second -- I will second the motion for reconsideration. COMMISSIONER HILLER: Thank you, Commissioner Nance. CHAIRMAN HENNING: I have a question from staff. I know that we had several -- or a lot of discussion on that item, and I just want to know what -- your understanding of what the board directed and exactly what you're going to bring back. MR. CASALANGUIDA: For the record, Nick Casalanguida. Commissioner, my understanding is that we're going to get together with staff and some of the public and look at what was done in 2003 and then bring back options what would be, I would call, minimally required to issue a building permit, and then maybe some options around that for you to consider. CHAIRMAN HENNING: Okay. And you still want to reconsider it? COMMISSIONER HILLER: I do, I do. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. Except that this affects all of the mobile home parks and trailer parks around the county, right? MR. CASALANGUIDA: Unless you did an overlay, ma'am, you're right. COMMISSIONER FIALA: Pardon me? MR. CASALANGUIDA: Unless you did it as an overlay rule; in other words, you took a specific area. And, say, in this area you have Page 47 April 22, 2014 a certain requirement, and you can do that by your codes. You have that option. COMMISSIONER FIALA: So you can just have an overlay for Immokalee and let the rest of us alone, right? MR. CASALANGUIDA: You could, ma'am. CHAIRMAN HENNING: Immokalee does have an overlay, doesn't it? MR. CASALANGUIDA: Right. You could put that as an overlay requirement, sir, if that's what you so desired. If you wanted to have a standard for a certain area or reduced standard, and that's allowable, you know. COMMISSIONER FIALA: Reduced standard? MR. CASALANGUIDA: Well, I wouldn't call it a standard; requirement, that's probably my choice. What we brought up last time was that your building official needs some minimum information to issue a building permit. We've looked at what Lee County does and a couple other communities do, and there are some that don't require much. They require a survey. COMMISSIONER HILLER: There's no discussion on a motion for reconsideration. CHAIRMAN HENNING: I was just asking staff a question. COMMISSIONER HILLER: I thought there was no discussion on a motion for reconsideration. CHAIRMAN HENNING: Well, we're not -- are we doing the motion? COMMISSIONER HILLER: Yes. Just to be consistent with our prior. I mean, I don't have a problem with it, but I'm just saying that to be consistent with our prior handling of motions for reconsideration, we've never discussed anything related to the motion. We simply vote on it. And it's not a -- I don't have a problem if you choose to, but I'm just saying it's not consistent. CHAIRMAN HENNING: Okay. Thanks for that opinion. Page 48 April 22, 2014 If there's no discussion on the motion, all in favor of the motion? COMMISSIONER COYLE: Could I just ask one question? CHAIRMAN HENNING: Is it -- you have a question on the motion? COMMISSIONER COYLE: Yeah, yeah. CHAIRMAN HENNING: Well, there's supposed to be no -- COMMISSIONER COYLE: Is it likely to come back for the next meeting; is that -- COMMISSIONER HILLER: I would like it to come back. COMMISSIONER COYLE: Is it required? MR. OCHS: It has to come back within the next two meetings, but we're prepared to bring it -- COMMISSIONER COYLE: Can we try to put it on the next meeting so we don't delay this process? MR. OCHS: Yes, sir. COMMISSIONER COYLE: Okay. Then I'll vote in favor of it. CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Now, do we have a time-certain for 10B? MR. OCHS: No, sir. CHAIRMAN HENNING: Okay. MR. OCHS: No, you do not. You have just a time-certain -- Page 49 April 22, 2014 CHAIRMAN HENNING: Oh, I'm sorry, 10C it was. Do we have a time-concern for 10C? MR. OCHS: Yes, sir, 1 :30 this afternoon. CHAIRMAN HENNING: 1 :30. All right. I'm going to write that down. Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes? CHAIRMAN HENNING: Oh, would you announce the item? Item #10B DIRECTING THE COUNTY MANAGER AND THE COUNTY ATTORNEY TO BRING BACK A PLAN THAT WOULD ALLOW THE DEVELOPMENT OF INDIVIDUAL COMMISSION DISTRICT MUNICIPAL SERVICES TAXING UNITS (CDMSTUS) FOR THE PURPOSE OF REINVIGORATING THE ROADWAY LANDSCAPING BEAUTIFICATION PROGRAM OR OTHER IMPROVEMENTS IDENTIFIED BY THE BOARD TO HAVE A PUBLIC BENEFIT — MOTION TO APPROVE — APPROVED MR. OCHS: Yes, sir. Item 10B is a recommendation to direct the county manager and the county attorney to bring back a plan that would allow the development of individual commission district municipal services taxing units for the purpose of reinvigorating the roadway landscaping beautification program or other improvements identified by the board to have a public benefit, and this item was brought forward by Commissioner Fiala. COMMISSIONER FIALA: Yes. This is pretty simple as far as this agenda item. I just would like staff to take into consideration all of the things we've said at the past meeting, especially the landscaping Page 50 April 22, 2014 workshop, and bring back to us different proposals, because there would be questions about some of the things, and -- for all of your discussion and approval or however you want to adjust this. I think it's something that's very important to our community. We've heard over and over and over again how people want us to get back on -- back on the maintenance schedule, a good maintenance schedule, actually, rather than the one we've had to use because of the lack of funding, and they also want to see their roads getting landscaped that we'd had to put aside for all these years because we just did not have the money to do that. Well, right now we still don't have all the money to do that because we're using the money to bring up to standards all of the maintenance of underground equipment as well as infrastructure and bring it up to -- up to par. So I'm asking that we address this, because I think we've all heard from people about our landscaping on roads that have been sitting there idle. I know a big one that I hear from all the time is 951 , but then I hear a lot from Santa Barbara as well and, of course, I hear from other communities, and Davis Boulevard being one, that little piece there that they have to do. So I'm just hoping that you will approve bringing this back with staffs recommendations. So I make a motion to approve. CHAIRMAN HENNING: Well, I mean, I don't have any problem if a commissioner wants to create a district-wide MSTU for landscaping, but I don't think all the board members want to create an MSTU for landscaping in their district. So I would support your request to put something on the agenda for District 1 landscaping enhancement. COMMISSIONER FIALA: Well, that would be great. And I figured they're going to be -- some of the problems that we're going to incur -- say, for instance, you have Pelican Bay. Well, they do such a Page 51 April 22, 2014 magnificent job of their landscaping already. They might not want to participate, but yet there may be other parts of that same district that do. Same with -- same with your district and my district; they just might want to see us move forward. I know some of the people that have come to some of my town hall meetings have definitely said unanimously that they want to see this program begin again. And if, say, for instance, one of the commissioners or two or even three say, no, I don't want to participate, that's fine, too, if they do not want to, but then we have to figure out, how does it affect them if they do not participate? Do they still drive on the roads? Do they still reap the benefits of having a more beautiful landscape which then, of course, improves property values, it certainly helps real estate, and it helps our tourism as well. So we have to discuss all that. But right now that's what I'd like to task staff to do and bring back to us. CHAIRMAN HENNING: Well, we had a lengthy discussion. I think twice we had workshops on landscaping. Staffs recommendation was increase the millage, create a countywide MSTU for landscaping, and create district landscaping. Now, the board didn't make an affirmative decision. But, again, if you want to create a District 1 landscaping MSTU -- COMMISSIONER FIALA: No. Thank you. No. I'm happy with creating one countywide. If that is something that is objectionable to some of the commissioners, then we might be -- you know, we might have to do it by district. If some feel that they do not want to start a landscaping program, maybe they would like to use the MSTU for things -- for other things in their community. But I think -- first of all, countywide I think is the best way to go, which is something we started way back when, and it worked well for us. CHAIRMAN HENNING: The board in a workshop has discounted that idea. So what do you want staff to bring back if it's not a countywide MSTU or raising the millage? What is it exactly Page 52 April 22, 2014 you want staff to bring back? COMMISSIONER FIALA: Well, I want them to bring back -- I don't know that they really discounted it. See, that's the thing; we came out of the workshops, but we really -- obviously, we couldn't make any decisions there anyway. And we have to bring it back for discussion, and that's what I'm doing. CHAIRMAN HENNING: Okay. Well, maybe we can -- if you're going to give staff direction, maybe we can narrow it down. Let me poll the commissioners and see if they want to, A, increase the millage rate, B, create a countywide MSTU. Commissioner Coyle, are you in favor of that? COMMISSIONER COYLE: Well, first I have a question -- CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: -- of staff. Commissioner Fiala is merely asking to bring back a plan that would allow the development of individual commission district MSTUs. Is there any prohibition against that under the current procedures? MR. OCHS: Not that I'm aware of, sir. COMMISSIONER COYLE: Okay. So if either Commissioner Fiala or I wanted to create an MSTU in our districts, the only thing we would need to do is bring it before this board for vote and -- or consideration and vote; is that correct? MR. OCHS: Yes, sir. COMMISSIONER COYLE: Okay. And if we wanted to allow the development in all of the districts if they wished to do so, is there any change to current procedures that we have to accomplish? MR. OCHS: No, sir. We just have some questions at the staff level we're going to need to get answered from the board. For example, if you-all decided you wanted to create commission district MSTUs for roadway landscaping, for example, those maintenance costs for the current completed sections are funded out of your Page 53 April 22, 2014 Unincorporated Area General Fund 111 . So the first question would be, do you want this individual commission MST -- district MSTU to only be prospective, in other words, for future landscaping, or do you want to move all of the landscaping maintenance and capital cost out of 111 and allocate it to these individual commission district MSTUs, for example? So, the -- you know, and obviously depending on the answer to that will drive what the millage rate requirement will be in each one of those individual commission districts and in Fund 111 . But there's nothing prohibiting that. We just would need to come back and give you some options and some examples of what the costs would be under the different scenarios and what kind of millage rates, based on the -- our estimate of the taxable value in each commission district -- would be required to meet the maintenance and capital requirements for your landscaping in your district. COMMISSIONER COYLE: And because those vary considerably throughout the county -- MR. OCHS: Yes, sir. COMMISSIONER COYLE: -- it would be almost impossible to have a single ordinance which would address all of those circumstances and how the costs would be broken up. But if a specific community wanted to come before the board to set up an MSTU, it's my understanding, based upon what you said, that it is possible under the current procedures or that you would need some additional information about how to handle the division of costs; is that a fair statement? MR. OCHS: Well, mostly, sir. I mean, if there's an area of the county that wants to form an MSTU for beautification or some other public improvement, we do that routinely. There's probably 30 MSTUs you already have in place, as you all know, and all over the county. So we would handle that kind of a request, either -- if it's a Page 54 April 22, 2014 petition request or request made through a public petition to the board, we'd manage that at the staff level like we always do to bring you back that MSTU. What we're talking about is -- or what I believe Commissioner Fiala asked for was an analysis of an MSTU that would be spread across the entire commission district for landscaped median improvements. COMMISSIONER COYLE: Well, I'm not sure that that's what she said. She said development of individual commission district municipal services taxing units. MR. OCHS: Right, but -- COMMISSIONER COYLE: She's merely looking for authority to do that on an individual community basis. MR. OCHS: Okay. COMMISSIONER COYLE: And if that authority exists, then I'm happy with it, and I would vote in favor of her MSTU that she would want to bring forward and establish that. But if there are regulations which prohibit her from bringing that forward for consideration, I am in favor of changing the rules to allow her to do that. So tell me where we are. MR. OCHS: Well, I'm not aware of any rules that exist currently that would prohibit the commissioner from doing what you're suggesting. COMMISSIONER COYLE: Okay, okay. CHAIRMAN HENNING: Commissioner Fiala, does that pretty much summarize what you want, what Commissioner Coyle said? COMMISSIONER FIALA: No, that's -- what I really wanted to see was, first of all, as -- Leo was talking about tucking the maintenance of all of that in there. Well, you know what, the county's been doing the maintenance. We've got money that accumulates all the time. That pot is growing. I don't want to see us eliminate that pot and put it someplace else. Page 55 April 22, 2014 I want -- that pot that's growing, just because our economy is growing, should continue to do the maintenance. I feel that -- you know, like $10 a month is -- Nick and I were talking about this. About $10 a month per household would do it, and we would have our maintenance going, and then whatever goes into 111 for the maintenance of the roadways as it is, as far as the landscaping, could be a part of that. It could all be coming under one pot, if you will, one topic. I just want to see the program begin again because I feel in the end our taxes will improve as we -- as our appearance improves; I feel that it will help our economy, and I want to see it come back again. I've made promises to the people in my district and others, actually, that I will try and get a landscaping program back in place. CHAIRMAN HENNING: Okay. With that said, my question still stands. Commissioner Coyle, are you in favor of increasing the millage or creating a countywide MSTU for landscaping? COMMISSIONER COYLE: No. I don't know how to do that at the present time, based upon what the county manager has told me. There are such variables there, I don't know how you do that. But I'm still a little confused about the process. I think we all want to see this program -- this maintenance program return to its previous frequency and quality. And if Commissioner Fiala is saying that we could establish a countywide MSTU and require people to pay into that fund to re-establish that level, I'd really prefer to poll the neighborhoods to see if they all want to do that, and I can't do that on a countywide basis, I don't think, because the procedures and amounts involved are variable from community to community, and the amount of money necessary to restore the prior frequency and quality of the landscape program might be different for one community from another. And so I'm not sure how that will work, but it seems to me that we're talking about two different things. Page 56 April 22, 2014 COMMISSIONER FIALA: Yes. And, you know, millage rate, I do not -- I don't -- COMMISSIONER COYLE: Yeah, I understand. COMMISSIONER FIALA: I don't care to do it that way. What I care to do is $10 per month per household, whatever that comes up to. Say $100 a year from every household. I don't care if you own a $3 million house or a $100,000 house, everybody pays the same so you all get it in. Nobody has an extra burden, because I don't want to MR. KLATZKOW: You can't do that. COMMISSIONER FIALA: I want this to be -- I know you're saying no, you can't do that. I don't know why you can't do that. MR. KLATZKOW: Because you have to -- that's an assessment, not a tax, and you'd have to have a report showing how the landscaping benefited each and every property owner in order to properly apportion that assessment. It's -- taxes, by their very nature, are just -- in our world anyway, the way the Constitution's laid out, is based on the value of your home. COMMISSIONER COYLE: If I could continue. There are two components to this. There is a budgeting component on the part of Collier County. You remember we cut costs years ago because we didn't have the money. Now, in order to get back to our original level without costing taxpayers more money to create another fund that the taxpayers would pay into, we have to adjust our budget upward to achieve that level of frequency and quality. Are we doing that? Are we moving in that direction? MR. OCHS: Yes, sir. COMMISSIONER COYLE: Okay. So you are actually improving the landscape program with additional funding in the budget; is that true or not? MR. CASALANGUIDA: No, sir. If I could -- right now your Page 57 April 22, 2014 budget has been flat and growing proportionate with our demand as prices go up. In other words, the budget process, I go to Mr. Isackson and the county manager and say, my prices have increased 20 percent, because this is out-sourced service, and through the budget process they'll either fund that at full 20 percent -- and they have been, between the county manager and the budget office, have been funding me as my costs increase only to maintain the existing level of service on existing landscaping. COMMISSIONER COYLE: Okay. But the existing level of service is not the same level of service that existed 10 years ago. MR. CASALANGUIDA: Correct, sir. COMMISSIONER COYLE: Okay. So that's what Commissioner Fiala is talking about. She'd like to get back to that point where the level of service is equal to that level back at that point in time. And she's suggesting that it might be acceptable to some communities to contribute some additional money for that purpose. MR. CASALANGUIDA: She's actually asking for an expansion, sir. She would like to invigorate the program to do the roads that haven't been done, to go back to the beautification program that was adopted in 2003, sir. COMMISSIONER COYLE: Okay, all right. But before 2003 or in 2003, you actually did that landscaping. I mean, you were supposed to do that landscaping. MR. CASALANGUIDA: We were installing landscaping per the adopted master plan as roads came online, sir. COMMISSIONER COYLE: That's right. MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: And you quit doing that? MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: Okay. She's wanting you to go back and pick it up and move forward with it. MR. CASALANGUIDA: Yes, sir. Page 58 April 22, 2014 COMMISSIONER COYLE: Are you budgeting for that? MR. CASALANGUIDA: No, sir. COMMISSIONER COYLE: Do you ever intend to budget for that? MR. CASALANGUIDA: Not unless you have a surplus right now against your other needs, because I think right now what we've done at the agency level is said we're still replacing vehicles, maintaining roads. If there's a surplus, we'd come back to the board and ask board direction where that surplus should go. COMMISSIONER COYLE: We're not finished with the budgeting process this year. MR. CASALANGUIDA: That's correct, sir. COMMISSIONER COYLE: So we can deal with some of that this year if we wish, if the board wishes to? MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: Okay. So there is a possibility you can begin to restore that level of service that you had before the recession. So we need to discuss that during the budget hearing. MR. CASALANGUIDA: Okay. COMMISSIONER COYLE: Okay. And then, as far as getting neighborhoods to contribute, I'm afraid it's going to have to be done on a neighborhood-by-neighborhood basis. We're going to have to ask people if they're willing to contribute in their neighborhood for that kind of improvement. I don't know how you can just plop it down on all of them. That's the problem, legally. And -- but if people are so concerned about the landscaping adjacent to their community, they have every right to say, yeah, we'll vote, and we'll create an MSTU, and we'll contribute some money to help you get back there; is that fair enough? MR. OCHS: Yes. That's a long-standing program, sir. COMMISSIONER COYLE: Yes, okay. MR. OCHS: We haven't had them come forward so far. Page 59 April 22, 2014 CHAIRMAN HENNING: Yeah, let me go next before I go to Commissioner Nance, and that doesn't address what Commissioner Fiala's asking; however, let me expand upon what you just stated. Radio Road, during the downturn, decided to tax themselves to enhance Radio Road, and they have done that. And they're putting it on their tax bill, and they are paying for the landscape. So that's the existing program that exists today. And I would suggest if you want something different, like a district-wide landscaping MSTU, I would support that; however, if you want an increase through a countywide MSTU, which is an increase, I cannot support that, or if you want an increase in millage, I can't support that. So with that said, let me go to Commissioner Nance and then Commissioner Hiller. COMMISSIONER NANCE: Yes. As everyone here knows, I've been very supportive of MSTUs and the ability of people to pay for what they want. I could support Commissioner Fiala creating individual MSTUs in her district for landscaping, but my expectation would be that if we continue to expand MSTUs in the county, that the MSTUs should rightfully include the ongoing maintenance of the capital infrastructure that is purchased in that effort, whatever it is, whether it's street lighting, additional landscaping, or whatever. I don't believe we can continue to add an endless stream of MSTUs and expect that the ongoing maintenance -- sometimes it is multiples of the cost of the original installation of infrastructure over time -- to be borne by the unincorporated General Fund unless we're willing to increase taxes to do so. So I am personally not interested in a -- in raising taxes or asking people to pay an MSTU for landscaping in District 5 simply because there is an expectation of people in my district that, having paid taxes into the Unincorporated General Fund, that it is time that some of Page 60 April 22, 2014 those funds are spent in District 5 for landscaping or other things. You know, I certainly can't ask them to tax themselves additionally to support landscaping when they don't have any landscaping, they don't have paved roads, and they don't have parks. District 5 has always been the one that's been next in line. It's kind of been one of those "free beer tomorrow" situations, and tomorrow has never come. So I can support MSTUs in individual districts as long as they include ongoing maintenance and as long as we don't get a county policy that employs MSTUs to supplant things that rightfully should come to the citizens through the Unincorporated General Fund taxes that they regularly pay and have paid in the past. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Leo, don't we have an existing countywide MSTU right now? MR. OCHS: Yes, ma'am. It's called your Unincorporated Area MSTU Fund 111 . COMMISSIONER HILLER: And what do we use for -- what do we use those funds for? MR. OCHS: Well, landscape maintenance, code enforcement, parks. COMMISSIONER HILLER: And we have been able to establish that there has been a direct benefit to each property owner assessed through that MSTU? MR. OCHS: No. They're not -- it's a tax, ma'am. It's not -- COMMISSIONER HILLER: It's a tax, not an MSTU. MR. OCHS: It's not a special assessment. COMMISSIONER HILLER: So we're treating -- MR. OCHS: MSTU. COMMISSIONER HILLER: MSTU, right. And we're talking about an MSTU? MR. OCHS: Yes. Page 61 April 22, 2014 COMMISSIONER HILLER: There's no difference between what's being proposed and what we have in existence? MR. OCHS: That's correct, although Commissioner Fiala, a few minutes ago, brought up the concept of a special assessment as opposed to an MSTU, and that's -- that creates some legal challenges. COMMISSIONER HILLER: Well, I don't think Commissioner Fiala is actually thinking of a special assessment. She's thinking of an MSTU. MR. OCHS: Well, when you talk about -- COMMISSIONER HILLER: Aren't you, Commissioner Fiala? COMMISSIONER FIALA: Uh-huh. COMMISSIONER HILLER: Commissioner Fiala is thinking of an MSTU, not a special assessment. MR. OCHS: Allow me to clarify. Commissioner, you talked about charging everybody the same amount of money for an improvement. That's an assessment. That is not taxing someone based on the value of their property. COMMISSIONER HILLER: In our current MSTU, our unincorporated county MSTU, are we charging different amounts to different people? MR. OCHS: No, ma'am. COMMISSIONER HILLER: Or are we charging the same amount? MR. OCHS: No. You have one millage rate that's applied to all of the property owners in the unincorporated area. COMMISSIONER HILLER: Which is similar to what she's proposing. MR. OCHS: I'm trying to understand exactly what Commissioner Fiala wants to propose. COMMISSIONER HILLER: I think Commissioner Fiala is pretty clear on what she's proposing. I think it's very straightforward. I mean, she's not looking for, you know, different rates being -- or Page 62 April 22, 2014 different assessments being charged throughout her district or throughout the county. She's looking for a uniform rate just like our countywide MSTU. And, in effect, the MSTU is a special assessment. CHAIRMAN HENNING: Well -- COMMISSIONER HILLER: Isn't it? MR. OCHS: No. COMMISSIONER HILLER: Clerk, what -- can you give us a little more clarify on that? CHAIRMAN HENNING: No. The county attorney can. COMMISSIONER HILLER: Or, County Attorney, can you? MR. KLATZKOW: We run on taxes mostly. COMMISSIONER HILLER: Say that again. MR. KLATZKOW: We run on taxes mostly. That's the core of your business. You have a couple of instances where you can do an assessment. You have to show that it benefits the property. For example, if George wants to lay sewer pipe down a road, you can charge the adjacent property owners. COMMISSIONER HILLER: But that's what we do through an MSTU. MR. KLATZKOW: No, as a taxing unit. That's a tax that you're imposing on people, okay. Not an assessment. We have very, very few -- COMMISSIONER HILLER: Special assessments. MR. KLATZKOW: -- MSBUs. It comprises a tiny piece of your budget. COMMISSIONER HILLER: What does? MR. KLATZKOW: Your assessments. Pelican Bay has an MSTBU where a portion of what they generate comes out of the assessments. But, for the most part, your business is generated on taxes. CHAIRMAN HENNING: And the taxes are a derivative, like 111 , based upon the values of the property. You apply a rate, and not Page 63 April 22, 2014 all pay the same. So that is the difference between assessment and a millage rate tax, okay. All right. Commissioner Coyle and Commissioner Fiala. COMMISSIONER COYLE: I don't think I need to make my comment at this point in time. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: I think the reason there's so much confusion is I was hoping staff could come back with different plans for us to look at. When we established the MSTU for beautification, at that point in time we picked out the plan we were going to use, and it all went into the fund, and we were marching forward. That fund still exists, but now it's being usurped to serve other purposes rather than the purpose it started out to be, and that was for the beautification and maintenance of our roadways. And -- MR. OCHS: No, ma'am. COMMISSIONER FIALA: No? Okay. Tell me what happened. MR. OCHS: Well, Fund 111 does fund your roadway beautification program, but it also has historically funded many other general government operations that provide service in the unincorporated area. What happened was we -- you know, we lost 29 percent of our taxable value a few years ago, and we had to make cuts in many programs and services. So the landscape median program was suspended because we didn't have the money to advance it, Commissioner. COMMISSIONER FIALA: And there would be -- the problems I see with -- district wide, I mean, I like that idea, because, you know, a lot of us would pitch in to get them done, but some of the districts are cut in half. For instance, Immokalee Road -- well, parts of Immokalee Road are in one person's district and parts are in another. 951 , it's on -- on Page 64 April 22, 2014 one side it's one district and on the other side it's another. Santa Barbara -- well, I don't think that's -- well, maybe when it comes into East Naples that would then be, you know, a difference in whose district it is. Most of these roads, actually -- Vanderbilt Beach Road, I think that's all in one district, right? So -- but the reason I talked just about my own, if people object to all of that -- and that's fine -- now, I think as you widen Golden Gate Boulevard, that, you know, you're going to want to landscape that, too, right? There are just places -- and I know the people on Immokalee Road are -- you know, they were here the other day talking about how they wanted to get their landscaping program back in place. People want to see it thrive, and, honest to goodness, we benefit by it as a county. We benefit because our property values go up as well as our appearance to the outside people who then want to buy a home here or even just an attraction for the tourism industry. I don't know why it's like pulling teeth to get this program back in place again, but -- CHAIRMAN HENNING: Money. COMMISSIONER FIALA: Pardon me? CHAIRMAN HENNING: Money. That's the only objection to it -- COMMISSIONER FIALA: Right. CHAIRMAN HENNING: -- is money. COMMISSIONER FIALA: And do people want to -- do they want it in place enough to pay a hundred bucks a year or not? I know people in my community do. You've all heard them say it, those that have been at the meetings, and other people who have come here have said they didn't mind paying a little bit more if they could get the program back in place. Like I told Leo, Leo said, well, this money really needs to go into Page 65 April 22, 2014 the infrastructure, and I understand that, because we don't want to get too far behind, and I understand that. But the thing is, people can't see when you put sewers -- sewer pipes in or replace the sewer pipes or replace whatever, but they can see when their property values go up, and they can see when their roads are beautified. So what do you want to do? I just would like to see us move forward on something that would accomplish this. And, actually, what we're here to do is serve our community. We're here to serve our community. CHAIRMAN HENNING: Does anybody have an objection to a break? I never realized this was going to take so long on the discussion. COMMISSIONER FIALA: I thought we were going to vote on it and bring it back. COMMISSIONER HILLER: Can I -- yeah. Can we conclude this? Can I make one comment? And did you make the motion, Commissioner Fiala? CHAIRMAN HENNING: Well, you've got Commissioner Nance. COMMISSIONER HILLER: I'm sorry. Did you make a motion? CHAIRMAN HENNING: Commissioner Nance. Why don't we take a 10-minute break for the court reporter and try to finish this up and get to our time-certain at 10:45. We're on a 10-minute break. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN HENNING: Okay. Back to Commissioners. Commissioner Nance was first and then Commissioner Hiller. COMMISSIONER NANCE: Yes. I -- you know, I would support a motion to have the county attorney bring back a plan so we can talk about it further -- Page 66 April 22, 2014 COMMISSIONER HILLER: County manager. COMMISSIONER NANCE: -- and iron out some of it. CHAIRMAN HENNING: County manager. COMMISSIONER NANCE: County manager and the county attorney to bring back a plan and, like I say, as long as we understand that maintenance has got to be included and it wouldn't supplant what happens in other districts with the unincorporated general -- MSTU Fund 111 . CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yeah. And I just want to clarify. The MSTU, basically, imposes an ad valorem tax for the service. The MSBU provides for an assessment where the assessment is equal to the cost of the benefit that's being provided. And then you have a third option, which is a non-ad valorem assessment, which, again, is a special assessment. So we have, you know, three mechanisms to address this issue by. And really what it boils down to is a budgetary decision of how we want to do it. And I think that Commissioner Fiala is directing staff come back with any one of those three options as a means to address what either an individual district would like to do or the county as a whole could possibly do if we choose to take that route. Is that correct, Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: So, Commissioner Nance, you're seconding Commissioner Fiala's motion? COMMISSIONER NANCE: Yes. CHAIRMAN HENNING: County Manager, do you have an understanding, the direction? MR. OCHS: Yes, sir. I think I've got a fighting chance to bring you something back. COMMISSIONER HILLER: And there's one other thing, too. The citizens in any particular area can also bring back a petition. If 10 Page 67 April 22, 2014 percent of the residents in a particular area want to get something done, regardless of what action the board takes, those citizens can petition the board to get it done. MR. OCHS: Absolutely. COMMISSIONER HILLER: So that's something to remember also. It can also be a citizen-driven initiative if a community wants to do that. CHAIRMAN HENNING: Any further discussion on the motion? COMMISSIONER FIALA: Yeah. I'll say one more thing. There's not a whole bunch that needs to be done in my community and my district, because we have an MSTU already in place for the Bayshore, and it's coming up for Thomasson Road, so we have that little piece on Davis Boulevard between County Barn and Santa Barbara, and we have a small section on Santa Barbara, and we have a small section on 951 . COMMISSIONER HILLER: Sure. COMMISSIONER FIALA: But in many cases they bisect other commissioners' districts. I'm just looking for a whole -- you know, a countywide beautification program. It's not that we benefit that much, but everybody benefits. And there is a safety factor here, as you well know. And I appreciate your second to that motion. Thank you. CHAIRMAN HENNING: Well, the safety factor is don't put any landscaping in; there won't be any obstructions. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: (Absent.) COMMISSIONER FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Nay? Page 68 April 22, 2014 Aye. Motion carries 3-1, Commissioner Henning dissenting and Commissioner Coyle absent. Item #11E A COUNTY PURCHASING MANUAL ESTABLISHING PROCUREMENT AND CONTRACT ADMINISTRATION PROCEDURES THAT SUPPORT EXECUTION OF THE BOARD'S PURCHASING ORDINANCE ADOPTED ON DECEMBER 10, 2013 AND DIRECT THE COUNTY ATTORNEY TO PREPARE THE NECESSARY RESOLUTION OF ADOPTION FOR SIGNATURE BY THE CHAIR - MOTION TO CONTINUE THIS ITEM AND DIRECT THE COUNTY ATTORNEY IN CONJUNCTION WITH THE CLERK OF COURTS TO SEND A LETTER TO THE FLORIDA ATTORNEY GENERAL'S OFFICE SEEKING AN OPINION AND LEGAL DETERMINATION REGARDING ADMINISTRATIVE PROCEDURES, SPENDING AUTHORITY AND PAYMENTS MADE FOR GOODS AND SERVICES — APPROVED MR. OCHS: Mr. Chairman, that takes us to our 10:45 a.m. time-certain, which was Item 11E. It's a recommendation to approve a county purchasing manual. CHAIRMAN HENNING: Len, before you start, I had the privilege of speaking to the Clerk of the Court. He believes that we have a potential resolution to this ongoing thing that's been on our agenda, what, three times now? MR. OCHS: This is the second time for the manual, yes, sir. In the purchasing ordinance probably three times, yeah. CHAIRMAN HENNING: Right. So the suggestion is -- and I'll let you deliver that, Your Honor. Page 69 April 22, 2014 MR. BROCK: The suggestion is, you know, this has been going on for months and months, and it does not appear that we are going to have a resolution in which we all agree. The discretionary issue that is found in the policy presents a problem for us. As you know, my role and responsibility is to not make a payment unless I can make the determination that it's lawful. Okay. That doesn't mean that, you know, I have to make the determination that it isn't lawful. If there's some question, I have to refuse to make the payment. But the solution to this is very simple. Since we're not going to agree to agree, I will be more than happy to go to the attorney general in conjunction with the County Attorney's Office, and we will develop the inquiry of the attorney general, and I'll be more than happy -- you know, I have a pretty safe harbor when I'm standing behind one of their opinions, so I will be more than happy to do that. COMMISSIONER HILLER: Even though it's not binding? MR. BROCK: Huh? COMMISSIONER HILLER: It's nonbinding. MR. BROCK: I understand that, but it gives me a safe harbor. COMMISSIONER HILLER: All right. MR. BROCK: As I have presented to you on multiple occasions, you know, I've been unable to find any support for the proposition that in a non-chartered county that is governed solely by the statutes that the county administrator or any of his staff has any discretion, but they are of the opinion that they think they should be allowed to have that discretion, so I think we need to resolve that. I'm sorry. COMMISSIONER HILLER: So then I'll make a motion to direct that the county attorney, in conjunction with the Clerk of Courts, writes a letter to the attorney general requesting an opinion as to -- MR. BROCK: It's a little more than a letter, but we'd be more than happy to do that. Page 70 April 22, 2014 COMMISSIONER HILLER: Draft, craft, whatever you think is necessary to get the appropriate answer for clarification on the issue before us today. MR. BROCK: Right. And, you know, I would suggest, you know, that we simply continue on as we are until we get the answer to this and move forward from there. COMMISSIONER HILLER: What do you mean continue as we are? Does that mean continue to allow staff to have discretionary spending authority between zero and 50,000 -- MR. BROCK: No. COMMISSIONER HILLER: -- or to disallow that? MR. BROCK: Staff is going -- is coming back to you presently with -- they're being directed back to the approval of the board on the stuff that they have approved. COMMISSIONER HILLER: So staff will -- MR. BROCK: That is the process they're going through now. Is that not correct, Leo? COMMISSIONER HILLER: The staff comes back for approval of the board -- board approval for expenditures under 50,000? MR. BROCK: Correct. MR. OCHS: You have a board-adopted purchasing ordinance. We're operating under that ordinance; that was approved in December of last year. And we'll continue to operate as we have been -- as I've discussed with the Clerk on the break -- until we can get this AGO opinion. MR. BROCK: And the discussions with my staff-- actually, Crystal -- MS. KINZEL: Me. MR. BROCK: -- has been that is has been working pretty well in conjunction with that. You know, we've been dealing with them, and we don't have a problem continuing the process in conformance with what we've been doing in the past. Page 71 April 22, 2014 And, you know, we can stand here and, you know, they can state their position, I can state my position, I can show you the cases, you know, they can stand up here and say, well, you know, everybody else does it, you know. So we need to quit doing that. That does none of us any good. So let's just put an end to it, get an answer to it, and move on. COMMISSIONER HILLER: And, again, the question that we're answering is whether or not the board has the ability to delegate discretionary spending authority and whether you have the ability to pay for any expenditure that the board has not voted on as to serving a valid public purpose. MR. BROCK: That's basically it, yes. CHAIRMAN HENNING: There's a motion by Commissioner Hiller, second by Commissioner Fiala to seek out an AGO or direct the county attorney to seek out an AGO with the cooperation of the clerk of the courts. MR. BROCK: And we would be more than happy to draft the initial and give it to the county attorney so that they can -- COMMISSIONER NANCE: So, Mr. Chairman, we're continuing this item and seeking the AGO? COMMISSIONER HILLER: No, we're not continuing it. Our direction is to have the clerk work with the county attorney to draft a request for an opinion. COMMISSIONER NANCE: I understand that. What are we going to do with the recommendation to approve the county purchasing manual? COMMISSIONER HILLER: We're not. MR. BROCK: My suggestion is you continue that until we get an answer. COMMISSIONER HILLER: Okay. CHAIRMAN HENNING: Is that a part of your motion, Commissioner Hiller? Page 72 April 22, 2014 COMMISSIONER HILLER: Yes. And that will be -- thank you for clarifying -- CHAIRMAN HENNING: Thank you, Commissioner Nance. COMMISSIONER HILLER: -- that, Commissioner Nance. CHAIRMAN HENNING: And the second? COMMISSIONER NANCE: And part of my motion is to continue the approval of the manual. CHAIRMAN HENNING: Discussion on the motion? (No response.) CHAIRMAN HENNING: You're okay, County Attorney? MR. KLATZKOW: Well, I know exactly what the AGO is going to say if you frame it that -- can you delegate the discretion? The answer's going to be no. The real issue is can you create a framework for the county manager to operate under where he can get into contracts, which is a very different thing. But I'll work with the clerk. COMMISSIONER HILLER: Oh, I think getting into contracts is a completely different issue. MR. KLATZKOW: I'll work with the clerk on that one. Ultimately, at the end of the day, we may be going to the legislature depending upon what we get from the AG, so we'll take it from there. COMMISSIONER HILLER: Or, alternatively, go to court and get a dec action. MR. KLATZKOW: That's five years. I don't -- really. I mean, at the end of the day, the clerk is right. I mean, the problem really that we're facing here is there is no statute really on point on this issue. I mean, they have the whole CCNA, so we know how to work it there. We understand how to bid out construction contracts. But this issue, really, the legislation doesn't address. And depending upon what we get from the AGO, I may be coming back and saying, you know, as part of your legislative agenda next year, let's get the legislators', you know, input on this, because this is everybody. This is Page 73 April 22, 2014 67 counties. COMMISSIONER HILLER: Absolutely. And the Clerks' Association should be actively involved on this issue as well. MR. BROCK: I don't think the Clerks' Association cares. I mean, all we are attempting to do is follow the law. COMMISSIONER HILLER: Okay. MR. BROCK: You know, if you change the law, that's fine with us. Make it -- the clearer you make it for us, the better off we are. COMMISSIONER HILLER: Got it. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yeah. And what the practical application is, others have arrived at some sort of a threshold spending level where they set this aside, obviously. If everybody's in agreement -- I have no -- I have no doubt that the clerk is correct, but the practical application is what we have to hammer out here. We have to figure out how we can allow people to function and still provide the oversight and due diligence over the contractual process that is our responsibility. So we have to seek some sort of a comfort level here. And I think what they've done is that -- others, apparently, from what I read in different analyses and reports, have come up with just some spending level -- COMMISSIONER HILLER: Those are charter counties. Those are not non-charter -- COMMISSIONER NANCE: Well, what do the non-charter counties do? MR. OCHS: They're both. COMMISSIONER HILLER: Are they both? MR. OCHS: Yes, ma'am. COMMISSIONER NANCE: I think -- yeah. People are struggling to come to grips with it, so that's the task at hand, so -- CHAIRMAN HENNING: Okay. Commissioner Coyle, you understand the motion? Page 74 April 22, 2014 COMMISSIONER COYLE: Yes, I do. CHAIRMAN HENNING: Did you hear the motion? COMMISSIONER COYLE: Yep. CHAIRMAN HENNING: Any other discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: The motion carries unanimously. Thank you, Len. MS. PRICE: Thank you. MR. BROCK: And, you know, Jeff and I will work together to try to flesh out all of the issues. I don't have a problem working with Jeff and trying to address, you know, the county's perspective as well as the clerk's. You know, I don't care as long as I know what I'm supposed to do. What it is I'm supposed to do is not germane to me. The problem I have is when there is ambiguity as to what I have to do; then it's my responsibility to come down on the side of not paying the bill, and that presents a problem for everybody. We don't need to be doing that. Sound good? COMMISSIONER HILLER: Yep. CHAIRMAN HENNING: Sounds great, thanks. COMMISSIONER HILLER: Thanks. MR. OCHS: Mr. Chairman? CHAIRMAN HENNING: Yes. Page 75 April 22, 2014 Item #11A SUBMISSION OF A SITE SELECTION CRITERIA APPLICATION TO THE FLORIDA DEPARTMENT OF VETERANS' AFFAIRS TO BE SELECTED AS THE LOCATION FOR THE STATE'S PLANNED SEVENTH STATE VETERANS' HOME AND INCLUDE AN OFFER OF $500,000 IN ADDITIONAL CASH FUNDING FOR THE PROJECT AND APPROVE ALL NECESSARY BUDGET AMENDMENTS — MOTION TO APPROVE STAFF'S RECOMMENDATIONS -- APPROVED MR. OCHS: Could we go to 11A, sir, before lunchtime? We have some people in the audience, I think, that want to address this item. CHAIRMAN HENNING: Sure. MR. OCHS: It's a recommendation to approve submission of a site selection criteria application to the Florida Department of Veterans' Affairs to be selected as the location for the state's planned seventh State Veterans' Home and include an offer of $500,000 in additional cash funding for the project, and approve all necessary budget amendments. Ms. Amanda Townsend, your Public Services Operations Director, will make the presentation. COMMISSIONER HILLER: May I, before you make a presentation? I mean, I think we've all had the opportunity to read, you know, what's being proposed, and it's a very good project and I think a very good project for the county as well as for the veterans. I just want clarification. The 500,000 is the county's matching contribution towards state and federal funding? MR. OCHS: I wouldn't categorize it necessarily as a match. It Page 76 April 22, 2014 was a request in the specifications that the state sent forward that applicants may, at the discretion of their elected bodies, provide up to -- or offer up to $500,000 of cash into the deal. It wasn't a requirement, but it was a suggestion. And what your staff is saying to you is that we feel we have a strong application, but we would like to strengthen it to the maximum extent possible with offering the cash as part of the application. COMMISSIONER HILLER: Because we've got -- in addition, Barron Collier is offering the land. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: So we are actually going in excess of 500,000 with respect to a local match or a local contribution, because normally, you know, whatever -- whether it's public or private, the contribution is viewed as the total amount coming from the county. So we're going above and beyond the 500,000 -- up to the 500,000 recommended donation. MR. OCHS: Well, I believe the application called for the donation of a site and an additional contribution of $500,000 that was at the discretion of the board. COMMISSIONER HILLER: Okay. Then that's what I want to clarify because -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- I don't want us -- I mean, if the maximum we have to -- or the maximum that we could contribute is both, then that makes sense. I just -- MR. OCHS: Yes. COMMISSIONER HILLER: -- don't want to be in a position where we're over contributing. MR. OCHS: I understand, ma'am. COMMISSIONER HILLER: In other words, land plus cash from the county up to 500-. MR. OCHS: No. The specification was not providing value of Page 77 April 22, 2014 $500,000. It was provide a minimum 20-acre site and a discretionary $500,000. COMMISSIONER HILLER: And what will the 500,000 be used towards? MR. OCHS: Amanda, do you know? MS. TOWNSEND: The site selection criteria document is not specific. COMMISSIONER HILLER: So will that be at our discretion how that 500,000 will be allocated -- MR. OCHS: I would doubt it, ma'am. COMMISSIONER HILLER: -- once the project is approved, or do we actually transfer it to the state and then they pull it with the funds and they make the investment? MR. OCHS: Yes, ma'am. I believe that's the approach that the state intends. COMMISSIONER HILLER: And can you go over where you're going to pull the 500,000 for, since we didn't have that in our original budget? MR. OCHS: Well, actually, you do have it in your original budget. You will not have to take this from your General Fund reserves. Going into this Fiscal Year '14, we had set aside some funds in anticipation of a previously board approved litigation matter through the Florida Association of Counties on the assessment from the state for the Department of Juvenile Justice Detention Services. The board will recall that we believe we were being overcharged by the state, but we owed them money. COMMISSIONER HILLER: Oh, believe me, I was up in Tallahassee beating the pavement on that issue. MR. OCHS: Yes. You and Commissioner Fiala are familiar with it. Right. So the good news is, there appears to be a go-forward Page 78 April 22, 2014 plan that won't require the amount of money that we had budgeted in anticipation of potential contingency of having to pay more. So we can draw from those funds, if the board approves, without having to -- COMMISSIONER HILLER: But has that actually already been approved? Because my last understanding -- and maybe someone can bring me up to speed on that -- is that there was a Senate proposal and a House proposal that differed, and there was concern that because there was a difference in the proposals, that it could end up a gridlock without any resolution. And I know that there have been -- there's been a lot of discussion since I was up there a few weeks ago. But can we have certainty -- can I have an update on the certainty of the resolution? I mean, did they adopt the Senate position or the House position? What was finally decided, and when was it adopted? MR. OCHS: Yeah. And I'll ask Mark to comment. I will say that, regardless of whichever proposal is adopted during the legislative session this year, based on our annual invoicing from the state -- COMMISSIONER HILLER: It will be less. MR. OCHS: -- we know that we have sufficient funds to cover that in either event, plus the additional $500,000 that would be available. COMMISSIONER HILLER: Okay. If, however, that doesn't happen, if neither the House nor the Senate proposal doesn't take place, then our funding obligation stays the same. MR. ISACKSON: Commissioner, Mark Isackson, for the record. Any issue that occurs in Tallahassee will be an FY'15 issue and FY'14. Remember, when we set up the budget in '14, beginning on October 1, I had budgeted for what I thought was going to be an increase in the backlog, in other words, that billing backlog that they normally come to us. There was another $700,000 in that particular DJJ line item that I'm never going to spend. Page 79 April 22, 2014 COMMISSIONER HILLER: Okay. So that's a different issue then? MR. ISACKSON: That's right, that's a different issue. COMMISSIONER HILLER: That's unrelated to what we were talking about. That's a -- so I understand exactly where you're coming from. So we, essentially, have 700,000 that can be reversed back into reserves and pulled out, for example, for this project? MR. OCHS: It can be earmarked and set up in a separate fund for this project. COMMISSIONER HILLER: With 200,000 reverting into reserves? MR. OCHS: Or rolling it to -- COMMISSIONER HILLER: For some other project? MR. OCHS: -- carryforward at the end of the fiscal year. COMMISSIONER HILLER: Or carryforward, as the case may be. MR. OCHS: Same thing, yeah. COMMISSIONER HILLER: All right. Okay. I got it. So regardless, we have assurance no matter how -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- that settlement moves forward. Okay. I'd like to make a motion to approve. COMMISSIONER FIALA: Second that motion. CHAIRMAN HENNING: Motion by Commissioner Hiller, second by Commissioner Fiala to approve staffs recommendation. Commissioner Hiller? COMMISSIONER FIALA: No. It's Fiala. CHAIRMAN HENNING: Fiala. COMMISSIONER FIALA: I just wanted to say what an appropriate place right there by Arthrex. And they work on a lot of devices that assist people in walking and moving their arms and all of Page 80 April 22, 2014 the rest of the things. And as they continue to grow, Arthrex continues to grow, and then this hospital would be there, too. I think that they would be able to work together so cooperatively for the benefit of especially the veterans and for our community as well. So I'm very pleased that they -- that they offered this. We've got Oil Well Road right in place to just accommodate the traffic that it would generate. This is such a good thing, as far as I'm concerned, for our community, and I hope that we get it. I think we're wise. And even though they said we only -- they request that we pay $500,000, they didn't demand it. But I'm glad we're throwing that in as a carrot as well. Thank you. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. I think it is also very appropriate to recognize not only the generosity of the Barron Collier Company in offering this land component, but the work that Blake Gable has personally done to aid advancing this submission and the -- you know, the calls he's made in support of our application is extraordinary, and he's been -- you know, since I had an earliest conversation and this first came to light, he's been on board since the very beginning and among our strongest advocates. So we should certainly duly thank Barron Collier Companies and Mr. Gable for their strong support and their generosity. COMMISSIONER HILLER: Absolutely. COMMISSIONER FIALA: Agreed. MR. OCHS: Yes, sir. CHAIRMAN HENNING: Public speakers? MR. MILLER: Yes, sir. We have two public speakers. Your first speaker is Larry Via. He'll be followed by Marvin Courtright. MR. VIA: Thank you. My name is Larry Via. I'm a 40-plus-year resident of Collier County. I'm currently the vice commander of National AMVETS. We're one of the four largest Page 81 April 22, 2014 veterans' organizations in the country. And I'm here on behalf of the veterans' home, and I think I'm preaching to the choir, so to speak. One thing I would like to bring up, it was my understanding that the $500,000 would come out of the county development funds. Wasn't that brought up at the last meeting? Because this is going to bring 300-plus jobs to Collier County, so wouldn't it be part of the development program? COMMISSIONER HILLER: It's already funded. The county manager -- it's a non-issue. CHAIRMAN HENNING: I don't know why -- COMMISSIONER HILLER: And we don't have any -- right, it's MR. VIA: Anyway, I brought some pictures of the last veterans' home that they built over in St. Augustine. And like I say, I feel like I'm preaching to the choir. And all I can say is I would like to thank Liz Freeman for keeping the public informed of this. Thank you, Liz. COMMISSIONER HILLER: Thank you, Liz. MR. VIA: And that's about all I have to say, because it sounds like everybody's on board to make this happen. COMMISSIONER HILLER: Thank you. MR. VIA: And I thank you very much. COMMISSIONER HILLER: Can I make a comment? MR. MILLER: Your second speaker is Marvin Courtright. He's your final speaker on this item. CHAIRMAN HENNING: After Marvin's done, you might want to comment. You can roll it all into one. MR. COURTRIGHT: Chairman Hiller, Commissioners, Marvin Courtright, resident of Florida since 1951 . COMMISSIONER HILLER: It's Chairman Henning, but thank you. It's Chairman Henning. Page 82 April 22, 2014 CHAIRMAN HENNING: That's all right. Go ahead. MR. COURTRIGHT: Pardon me. I'm at that very point, Mr. Henning. I'd like to thank you for taking ahold of this project by bringing it forward and making it known. If it hadn't been for you, I'm not sure where it would lean for such a long period of time from when you got it and when it actually came to be. So thank you. And also, the -- I have two names who I think -- in reading the application from one end to the other and all the necessary information that had to be gathered and assimilated to just get this ready to meet the deadline was a fantastic job, and I want to congratulate -- I believe a Mr. Carnell -- is that correct? And Ms. Townsend. Because if they hadn't of grabbed this and gone with it, it would have died on the vine. So thank all of you. And I'm speaking on behalf of the VFW post, the Veteran of Foreign Wars Post 7369, and all of the veterans who would benefit from this. I'm 81 years old. It's not receivable -- inconceivable that I might, in 10 years from now, need it myself. So thank you. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Sir, do you have permission from the master at the VFW -- no, it's the commander -- on speaking on behalf of them? MR. COURTRIGHT: At the present time, no, sir, I do not. I am a candidate. I may have it tonight. I'm on the -- I'm being elected to the board. But no, I do not have that. I'm speaking on behalf of VFW Post 7369, not the VFW National Commander. CHAIRMAN HENNING: I didn't ask you that. But anyways, that's -- MR. COURTRIGHT: Well, perhaps -- CHAIRMAN HENNING: -- fair enough. I know that everybody represents somebody besides their own view, and I was just asking if you had permission. But thank you. MR. COURTRIGHT: No, I do not have. Thank you. Page 83 April 22, 2014 CHAIRMAN HENNING: Okay. Thank you. Commissioner Hiller? COMMISSIONER HILLER: Yeah. A good point was made earlier. There is also an economic development component to this, and as was properly said, there will be hundreds of jobs created. Leo, do we have any information as to what the salary range is of those jobs? I'm sure there's some sort of a requirement for that information. MR. OCHS: Well, I don't know that we have specific salaries. We did receive a modeling report on the economic impact that we put in your backup for the Southwest Florida Regional -- COMMISSIONER HILLER: Can you put that -- what you did, can you put that on the record? Because I think it just -- I think it would be very nice for the public to understand that, you know, this is -- while being very important as a project to help veterans, it also is going to have an economic impact for the county. MR. OCHS: Yes, ma'am. Just in summary there, you see under employment impacts, the second paragraph, it says new employment. Total new employment would contribute an average of $20 million to the gross county product each year. So -- and they're talking about 297, almost 300 new jobs in Collier County that are projected to be direct or indirect jobs resulting from this project being constructed in Collier County. COMMISSIONER HILLER: And would these employees be federal employees or state employees? How would that work? MR. OCHS: I believe they're state -- the employees that work inside the facility are state employees, State of Florida employees. COMMISSIONER HILLER: Thank you. MR. OCHS: You're welcome. CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. Page 84 April 22, 2014 COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #11B RESOLUTION 2014-84: ACCEPTING THE PROPOSAL OF STI INSTITUTIONAL & GOVERNMENT, INC. (A SUNTRUST COMPANY) TO REFINANCE THE COLLIER COUNTY, FLORIDA GAS TAX REVENUE BONDS, SERIES 2005 IN AN AMOUNT UP TO $90,000,000; AUTHORIZE THE COUNTY MANAGER TO TAKE SUCH ACTION AS IS NECESSARY TO LOCK THE INTEREST RATE FOR SUCH SERIES 2014 REFUNDING BOND TO ACHIEVE A GROSS DEBT SERVICE SAVINGS UP TO $11,075,000; AND PROVIDE FOR AN EFFECTIVE DATE — ADOPTED MR. OCHS: Thank you, Commissioners. Mr. Chairman, Item 1 I B is a recommendation to approve a resolution to refinance Collier County gas tax revenue bonds. COMMISSIONER HILLER: I -- can I make a motion to approve that? I'm so excited about this. Mark -- COMMISSIONER NANCE: Second. COMMISSIONER HILLER: -- you're a rock star. I mean, to refinance and for us to have savings of $11 million in debt service as a consequence is really great. So thank you. CHAIRMAN HENNING: Motion by Commissioner Hiller to approve staffs recommendation, second by Commissioner Nance. Page 85 April 22, 2014 Discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HILLER: And this is really a good-news item. I mean, you have consistent -- CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER HILLER: Thank you. I mean, this has been a standard that we have adopted. You know, as interest rates have gone down, we have done everything possible to refinance our outstanding debt with the intent to retire that debt over the course of, you know, the coming years, to an extent that we consider reasonable. So it's really great. I think our debt service going back in like 2008 or so, was, like, 80 million. We're down to what, 40 million, and now we're -- CHAIRMAN HENNING: We already passed this item. COMMISSIONER HILLER: -- even lower. But, I mean, Mark deserves a lot of recognition for the -- you know, the public finance management that he has engaged in. CHAIRMAN HENNING: You work on that and bring it back. COMMISSIONER HILLER: I like him. He's good. CHAIRMAN HENNING: What's the next item? 11D? MR. ISACKSON: Thank you, Commissioners. COMMISSIONER HILLER: Come on. COMMISSIONER COYLE: I mean, this is only about the tenth one he's brought before us dating back the past 8 to 10 years. So it's nothing new. Page 86 April 22, 2014 COMMISSIONER HILLER: Yeah, but that's what's beautiful about it; he keeps doing it. It's the gift that keeps on giving. We like that. Very good job. MR. OCHS: Thank you. COMMISSIONER HILLER: Very good job. Item #11D A CONSTRUCTION CONTRACT TO QUALITY ENTERPRISES USA, INC., FOR BID NO. 14-6245, MERCANTILE AVENUE ROADWAY IMPROVEMENTS (FROM AIRPORT-PULLING ROAD TO COMMERCIAL BOULEVARD) PROJECT NO. 60188 FUNDED BY THE NAPLES PRODUCTION PARK MSTU, IN THE AMOUNT OF $1,185,290. 16 AND RESERVE $50,000 ON THE PURCHASE ORDER FOR FUNDING ALLOWANCES, FOR A TOTAL OF $1,235,290. 16 — APPROVED MR. OCHS: Commissioners, Item 11D is a recommendation to award a construction contract to Quality Enterprises for the Mercantile Avenue roadway improvements. Mr. Jay Ahmad is available to answer questions or make a presentation. COMMISSIONER NANCE: Motion to -- COMMISSIONER FIALA: Motion to approve. COMMISSIONER NANCE: -- approve -- or second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Nance to approve staffs recommendations. Jay, do you need anything on the record? MR. AHMAD: No, sir. CHAIRMAN HENNING: Discussion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor, signify by Page 87 April 22, 2014 saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Now our next -- our last item on 11A (sic) is? Item #11F RESOLUTION 2014-85: ENDORSING A COLLIER COUNTY- SPONSORED INITIATIVE FOR THE DEVELOPMENT OF A STATEWIDE COALITION TO ADDRESS FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ISSUES IMPACTING FLORIDA LOCAL GOVERNMENTS AND THEIR CITIZENS, AND TO APPROVE ACCOMPANYING RESOLUTION — ADOPTED MR. OCHS: Yes, sir. It was previously Item 16A21 . It's now 11F on your agenda. It's a recommendation to endorse a Collier County sponsored initiative for the development of a statewide coalition to address federal emergency management agency issues impacting Florida local governments and their citizens and to approve the resolution. Commissioner Hiller had asked to move this to the regular agenda for discussion. COMMISSIONER HILLER: Yeah, I did. And the reason I did is because this goes to litigation that we are in with FEMA where FEMA has de-obligated the county to the tune of 11 million and has Page 88 April 22, 2014 defunded us to the tune of 9 million. And what we have done is we have appealed administratively twice, and we were denied twice on those appeals, and we're in our third appeal right now. And I would really like to ask the county attorney to bring back an update of what's going on with that administrative appeal. MR. KLATZKOW: We're in Atlanta. We've been in Atlanta for a very long time. They're sitting on it. They're going to continue to sit on it. COMMISSIONER HILLER: Well, that -- and that is the question I have. How can FEMA sit on this? Isn't there -- and I'm not familiar with what the timing requirements are, but don't they have -- given that we are in the middle of an administrative hearing, that this is a formal administrative appeal, don't they have to be responsive to us within a certain amount of time, or can they legally just sit on this? MR. KLATZKOW: They're just sitting on it. The only remedy I would have is to go to U.S. District Court to compel a decision from them. We're not the only ones in this boat. COMMISSIONER HILLER: And I'd like to know what other counties are in this boat and to what extent they have been challenged exactly as we have. And the challenge has been on the part of the -- of FEMA's inspector general, that the county-hired engineers overstated what we were entitled to claim as a refund, and that the county commingled general and storm renourishment expenditures and that we were only entitled to get a refund for storm-related beach renourishment expenditures. So, you know, again, we've lost on appeal twice. We're on our third appeal, and the intent now is to partner with other counties who have had the same denial, the same de-obligation, to go to FEMA and tell them that they're wrong? COMMISSIONER FIALA: Could I? Page 89 April 22, 2014 CHAIRMAN HENNING: Commissioner Fiala? MR. CASALANGUIDA: I could elaborate on that if you want. COMMISSIONER HILLER: Can you please? MR. CASALANGUIDA: Sure. COMMISSIONER HILLER: I'd like to get that clarified. MR. CASALANGUIDA: Ma'am, we're part of a group of over 200 cities, communities, and individual, I would call it, organizations that have been de-obligated. They submitted an accounting response to an engineering response. We went to Atlanta last July, and I sat with Major May in his office, 12 FEMA representatives, and they said, well, since you're here, the 90-day clock starts again. I said, that's fine. We're here to give you information. They have 90 days under the Stafford Act to respond. They haven't responded. Since then we've reached out to the state FTE, and we've asked them -- we're obviously not the only ones, and we've gotten a list as a public records request. And it's shocking to see how many other communities have been de-obligated. The Water Management District has gone and skipped to the administrative appeal process and filed a suit. And right now, as I've explained to the county manager, in this community people can come in front of this board and seek action within two weeks. I'm at a loss as to what to do with this federal agency, because I get no response. I've discussed this with the county attorney. We've reached out to some of our legislative aides. And the direction of the county manager -- because we're now starting to get into some territory that really is with board direction -- our goal is to partner with these other communities and develop one consistent response that we'd like to send to the legislative delegation both in Florida and at the federal level to say we're not getting a response from FEMA. COMMISSIONER HILLER: So -- and the question I have is, is Page 90 April 22, 2014 the de-obligation -- are the de-obligations experienced by the other counties for the same reason that we were de-obligated? MR. CASALANGUIDA: And I don't know that. And part of the reason we're going to do this at FAC and maybe the League of Cities is to find out what these reasons are and to, I would say, parlay our efforts together. COMMISSIONER HILLER: Wouldn't it be -- and I don't have a problem going to FAC. You know, Commissioner Fiala and I are actively involved with them on a whole host of issues. I just want to understand. Maybe one of the things we ought to do, in addition to going to FAC, is have you directly communicate with these counties and ask, you know, why were you de-obligated, what was the reasoning, and are you in the middle of any sort of administrative appeal on the de-obligation that you experienced so that, you know, we can, you know, compare and contrast. Because if you can put a pool together and if you can, you know, as a group of counties file suit or join the water district in its current suit, if you're similarly situated, if you have the same claim, then we should consider doing that. MR. CASALANGUIDA: Ma'am, I think our goal is to find out where they are and what their issues are. We have -- there are three issues, and two are brought up in this agenda item. The community rating program, they'll tell you, is a voluntary program. Well, if you don't participate, you don't get federally backed mortgages, and they won't come help in an emergency. So it's a de facto requirement to be part of the community rating system in the FEMA program. We've submitted maps to FEMA because we've said, at a period in time, we have data that's more accurate than the 2003 -- COMMISSIONER HILLER: And we're talking about the beach renourishment maps? Page 91 April 22, 2014 MR. OCHS: No. MR. CASALANGUIDA: No, ma'am. We're talking about the floodplain maps that's in the item. MR. OCHS: These are the basin studies. This is a different item but still a problem that we're having with FEMA. COMMISSIONER HILLER: Okay. But we're moving into a different issue. Let's stay on the -- I want to stay focused on the de-obligation. MR. CASALANGUIDA: Ma'am, they're similar issues in the sense that we have a federal agency -- COMMISSIONER HILLER: I don't want to -- I want to make it clear that we address one and then address the other, that we don't commingle the issues, because they're two very different issues. MR. CASALANGUIDA: So our goal is to, once we determine these other 200 cities, counties, schools, state agencies, and a myriad of other private agencies, why they're being de-obligated -- ours was an accountant's ruling, not an engineer's ruling. We've submitted engineering data to back up our opinion. At that point in time I think we can come up with a position. Recently, I think Mario Diaz Balart's office wrote and said, where is the response, and they said, it's forthcoming, and that was about a month ago. So there's many of us who are not getting answers. And our first goal is just to understand what the issues are, parlay our efforts together, and then approach FEMA as a state, hopefully to be the third most popular state soon, and say, please pay attention to what the issues are with these de-obligations. The second issue -- now, I'm assuming that goes forward -- we've done the FEMA flood maps. We've submitted them as they said submit them as soon as they come in. The board, under an emergency declaration, said, let's spend the money, let's get them in. There are many citizens that are waiting on these updated maps. Page 92 April 22, 2014 We submitted the maps, and the response was, well, we're not funded to review your maps. We have other priorities. So we're submitting these maps to the district, and they're basically saying they won't get to them in FY'14, and they may get to them in FY'15. And that's a problem because they've said, you'll have to use the old data, yet we know that data's inaccurate, which causes a tremendous burden on the existing taxpayers in Collier County and yet they told us, submit these as soon as possible. So there's definitely an issue with the federal agency, and we just need some assistance. COMMISSIONER HILLER: So we have two issues. The first is the de-obligation related to beach renourishment and the pending appeal that Jeff says FEMA is being nonresponsive to? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: Does that have anything to do with the Water Management District issue? MR. CASALANGUIDA: No. They've filed -- for the same de-obligation, they skipped the administrative process and went right to a court hearing. COMMISSIONER HILLER: And what was the de-obligation related to the water district? MR. CASALANGUIDA: Same issue in terms of-- COMMISSIONER HILLER: To beach renourishment? MR. CASALANGUIDA: No, no. In terms of, during a storm, what they submitted for reimbursement, $24 million they were de-obligated. COMMISSIONER HILLER: Okay. So -- but it was basically not related to the beach renourishment but just to a storm issue? MR. CASALANGUIDA: Related to an approved project worksheet related to one of the same storms that we submitted for. COMMISSIONER HILLER: Okay. So -- and then the other issue we're dealing with is getting approval on the modified maps? Page 93 April 22, 2014 MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: So the maps that we had you do where you modified them that we gave you the emergency funding for and you gave us a timeline for FEMA approval has not come to pass? MR. CASALANGUIDA: We've submitted probably half of those maps, more forthcoming. They've said they're not going to review them; they're not funded to review them. What we're seeing is that district doesn't have the resources or the direction at that administrative level to do -- to respond to these Stafford Act compliance issues or to the FEMA maps. So in my opinion, after talking with the county manager and the county attorney, unless we get some support at the legislative level, this is going to languish until we lose a war of attrition. People will drop off. Mr. McAlpin will retire at some point in time, and there will be nobody here to continue to fight this fight that we're dealing with. COMMISSIONER HILLER: Well, Jeff will be here. I'm not worried. Gary may retire, but Jeff-- I mean, lookit. Jeff is so young, you know. Look at him. CHAIRMAN HENNING: Commissioner Nance -- or Commissioner Fiala? COMMISSIONER HILLER: Thank you. COMMISSIONER FIALA: Yes. I was just going to say, those are the LiDAR maps you're referring to, right? COMMISSIONER HILLER: Right. MR. CASALANGUIDA: The LiDAR maps which generated new modeling maps. COMMISSIONER FIALA: Right. MR. CASALANGUIDA: Right. COMMISSIONER FIALA: Right, right. And when I read that their -- they say they lack adequate funds to review our updated floodplain maps -- and we're being punished because they lack the Page 94 April 22, 2014 funds and yet they took all of these funds back and yet they're not even reading any of this. You know, there's a lot of holes in this thing, and I think the only way -- I'm glad you're going to be getting together with the other -- not only the counties here in the state of Florida, but you're going to be meeting with other counties around the country, too, I would guess, at some point in time. But at least you're forming a coalition, and you have a louder voice as a coalition, because somebody -- you know, they need to hear us, and apparently they're putting a deaf ear to anything that comes their way. And if we need to, I'm hoping you're going to go all the way up to Washington. And, you know, we've got some very responsive legislators up there that support us, and we will probably need to enlist their help as well. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I really don't understand the problem here. President Obama has said on numerous occasions that his is the most transparent and responsive administration in history. I'm sure if you just picked up the telephone and called him this week he would solve this problem and it would all go away. But, seriously, getting other counties together and, in fact, getting other states together is the only way to solve this problem. It's not going to do you any good to go to this district to deal with that issue. It's only going to be resolved when it becomes a national issue and when all of the other states and all of the other counties get together and elevate this thing to the point where it becomes front-page news. That's when it's going to get resolved. And so if your intent is to encourage other counties to band together here in Florida and then to encourage other states to band together, then I am certain we will win this fight, and it will be resolved more quickly. So I commend you on the effort, and I support it, and I'd like to see you move forward aggressively. And when you get enough Page 95 April 22, 2014 people together, it makes it much less costly for us to pursue a legal challenge if we have to do that. CHAIRMAN HENNING: Is that a motion? COMMISSIONER COYLE: That is a motion. COMMISSIONER HILLER: I'll second it. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Hiller to accept staffs recommendation. Discussion? COMMISSIONER NANCE: Yes, sir. CHAIRMAN HENNING: Yes, sir. COMMISSIONER NANCE: Yes. I am very glad that this item got pulled off the consent agenda, and I agree with everything that Commissioner Coyle just said, and I also -- I share Commissioner Hiller's concern about the de-obligation. But, in reality, we need to move our relationship with FEMA on up into the public light so that everybody understands what's going on here. The impact on Collier County regarding the floodplain maps, surface water management, flood insurance rates -- the impact on us is going to be in billions and billions and billions of dollars, and I'm afraid that it's going to sneak up on people in total if we don't make an effort. So I certainly endorse this agenda item, and I think we ought to become much more aggressive as a board with our legislative delegation at the state and at the congressional level to do something about this. Because if we don't gain some allies here, I'm afraid low-lying areas like us are going to have little support to come to grips with what we have to come to grips with. It's going to have economic impacts that are going to be extraordinary. CHAIRMAN HENNING: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. Page 96 April 22, 2014 CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. We're going to go to lunch. And are we coming back at 1 :30 based upon our -- COMMISSIONER HILLER: No, because we -- CHAIRMAN HENNING: -- how far we are on the agenda? COMMISSIONER HILLER: Well, we have our students upstairs. MR. OCHS: Yeah. We're going to eat upstairs on the fifth floor, and then whatever time you want to come back, Commissioner. You have your public comments on general topics, and the 1 :30 time-certain item is left on your agenda. CHAIRMAN HENNING: Yeah, and I don't know -- do we have anybody signed up? MR. MILLER: Not at this time, Commissioner. CHAIRMAN HENNING: Why don't we come back at 1 :30 then COMMISSIONER HILLER: Yeah. CHAIRMAN HENNING: -- since -- MR. OCHS: That's fine. CHAIRMAN HENNING: -- you said we're going to do that at 1 :30. And I think you're -- you're right on target. You're closer than your colleague. MR. OCHS: Yes, sir. CHAIRMAN HENNING: All right. We're on recess -- lunch recess. Be back at 1 :30. (A luncheon recess was had, and Commissioner Coyle is absent for the remainder of the meeting.) Page 97 April 22, 2014 MR. OCHS: Mr. Chairman, you have a live mike. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA CHAIRMAN HENNING: Welcome back to the board's meeting of April 22, 2014, back from lunch. We have public comments. MR. MILLER: I have no registered speakers for public comment at this time. CHAIRMAN HENNING: Okay. Then we have a time-certain at 1 :30 (sic). Item #10C THE COLLIER COUNTY ATTORNEY, SUPPORTED BY STAFF, TO FILE A CHALLENGE TO CONSENT ORDER (OGC FILE NO. 14-0012) ENTERED INTO ON APRIL 8, 2014 BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AND THE DAN A. HUGHES COMPANY, L.P. REGARDING OIL AND GAS WELL OPERATIONS AT THE COLLIER-HOGAN 20-3H WELL (PERMIT NO. 1349H) - THE COUNTY ATTORNEY TO ASK FOR AN ADMINISTRATIVE HEARING REVIEW W/FDEP ASKING THEM TO REVOKE THE PERMIT W/DAN A. HUGHES, COMPANY, REQUEST A MODIFICATION OF THE CONSENT ORDER TO REQUIRE ADDITIONAL PROVISION FOR OVERSIGHT, SAFEGUARDS AND MONITORING — APPROVED Page 98 April 22, 2014 MR. OCHS: Yes, sir. That's the add-on item that was added by Commissioner Nance this morning to the agenda. It's Item 10C. The hard copies were previously provided to the Board of County Commissioners by Commissioner Nance, and I will turn the item to Commissioner Nance. COMMISSIONER NANCE: Yeah. Mr. Chairman, I just want to ask the public -- since this agenda item was not part of our previously published agenda, I would ask, to make certain, that all of you that wish to speak on this item fill out a speaker slip at this time. Is there anybody that wishes to speak that has not filled out a slip at this time? Thank you, Mr. Chairman, for your indulgence on that. This is an add-on agenda item that I put together over the holiday weekend in response to new information that was released late in the day on Friday, April the 18th, Good Friday, regarding activities that occurred at one of the wells in Collier County and the action that was taken by FDEP in response to that and information that's subsequently come forward to the public. The agenda item that is available to everyone that I provided to my fellow commissioners here and to members of the public in the hallway contains all the information that I have on this item at this time. It's my understanding that, additionally, the Dan A. Hughes Company is scheduled to make a statement or provide some sort of a statement to us at some point during the day. But it basically includes information that was made aware to us last Friday regarding activities that occurred at the well, a cease and desist order that was -- that was imposed on Dan A. Hughes Company by Florida Department of Environmental Protection, FDEP, and a subsequent consent order that was imposed on Dan A. Hughes together with them to respond to the incidents that took place. Page 99 April 22, 2014 It is of great -- it's greatly disturbing to me to know that we have had had many public meetings in the interim since this event and these actions were taken without having it before the public and before this board. The Board of County Commission and Collier County does not regulate the oil and gas activities that happens nor any oil and gas activities anywhere in the state. That, of course, is done by the regulatory agencies, which I think by now all of you realize are the Florida Department of Environmental Protection, and regarding the Class 2 disposal wells, the South Florida Water Management District. You know, we have to respond to FDEP in many capacities, and this agenda item is a recommendation that I put together for consideration of this board to engage Collier County through the same processes. And it's an example of exactly what the public has to do when the county is -- has a substantial interest and is a party, which we certainly are in this case; we have to respond through the same mechanisms that the public is required to do as well. So my recommendation, in light of the information that I presented to you and I presented to the board for their review, is to direct the county attorney, supported by staff, to file a challenge to the consent order which means basically filing a petition for an administrative hearing to respond to the activities that took place. The three things that I included in there is I am recommending that the petition and the challenge request the consent order be further modified to require additional provisions for oversight, safeguards, and monitoring to protect the environment and ensure the health, safety, and welfare of the citizens of Collier County. Additionally, what I think is also very, very important is to request that a protocol be established from FDEP that improves communication and coordination between the agencies and Collier County Government so that Collier County is copied to all the application packages for future oil and gas exploration and production, Page 100 April 22, 2014 Class 2 injection wells, as well as all permit related correspondence, additional submittals, meeting minutes, and agency action of any kind within Collier County. And, of course, I wanted this to be a very open agenda item, and so I included additional changes to consent order as deemed appropriate by other board members and by this board as a whole. I am concerned that, going forward, if the oil and gas industry is to receive approvals from Florida Department of Environmental Protection, that we have a system of management and regulations in place that are appropriate for our county. The public, supported by this board who has done everything within our power to help make sure that you had venues for meetings, that your meetings were published, that information was sent out, that inquiries were answered as much as physically possible -- the engagement of the public in that way has done great, great things and provided a great deal of information to the regulatory authorities about what they thought was important in Collier County. Collier County Government, likewise, has done, through our relationship with DEP -- which extends beyond just the oil and gas industry -- have done everything we can to gain the ear of your regulatory authorities and lobby for our best interests of our county. That is our role in this process, is to represent the county and its citizens with these state and federal agencies, including the EPA, that have come to our community to help us deal with the situation. But I wanted to bring this executive summary forward. That is my recommendation, that we do file a petition for administrative hearing and that the county manager, supported by staff, take action on these additional requirements and on this effort to have a protocol for communication. Today I also asked Dan Summers from our emergency operations management division to step forward, because my recommendations are that we put forth a package of additional oversight, safeguards, and Page 101 April 22, 2014 monitoring requirements that he brought forward previously to this board back in October at our October 8th meeting. And, basically, on Item 5D, Mr. Summers presented to the board a series of 10 recommendations for additional protections that an applicant might or could or should agree to to provide additional oversight to protect the environment and to protect the citizens. Two of the items out of those 10 have already been acted upon. One of them, his No. 10 item, was to request that the Florida DEP re-establish the Big Cypress Swamp Advisory Committee, which FDEP did. And No. 9 was similar to what I have proposed here directly in the executive summary, because I thought it was so important, is to request a protocol for communication together with the -- directly with the environmental regulatory agencies to improve communication. So I just wondered if Mr. Summers, you know -- sir, I don't -- you know, I don't have any other comments before we hear from other board members, but I'd just like to hear you speak a little bit to this issue. MR. SUMMERS: Commissioners, good afternoon. Thank you, sir. Dan Summers, Director of the Bureau of Emergency Services and Emergency Management. We are certainly comfortable -- again, remain comfortable with these recommendations. I think it's very valuable for us to have this review/emergency planning review -- and I'll sort of bundle all of that as one term, this emergency plan review. We're happy to do that at your direction. Part of this is -- part of these recommendations are joint efforts from Michael Bosi over at our comprehensive emergency planning -- I'm sorry -- comprehensive planning section over there as well as ours. So there are some regulations and some activity that are in the emergency management side of the house, some of that is in the land-use planning side of the house. But at either -- in either way, we Page 102 April 22, 2014 can certainly work jointly with your recommendations to do that. And since we have been monitoring this for all of these months, we don't see anything that really changes this. We think we had a good format, a good framework for reviewing that information early on. And as you all well know -- this continues to remain pending. We do know that there are some new emergency plans being developed. But just as you mentioned, we have not had an opportunity to make any review. Thank you. COMMISSIONER NANCE: Thank you, sir. CHAIRMAN HENNING: Shall we go to public comments before we go to commissioners? COMMISSIONER HILLER: We can do that. MR. MILLER: We have eight registered public speakers at this time. Your first speaker is John Lundin. He will be followed by Dr. Karen Dwyer. MR. LUNDIN: Commissioner Nance, I'd like to thank you for bringing this forward. You're about a year late, but better late than never. CHAIRMAN HENNING: State your name and address. MR. LUNDIN: My name is John Lundin. CHAIRMAN HENNING: And address for the record. MR. LUNDIN: I don't have to state my address; I'm sorry. CHAIRMAN HENNING: Well, it says it on the form and in our policy. MR. LUNDIN: Well, you know, there's a new State of Florida state law that says you cannot pressure people about where they live to speak at a meeting. So you are actually violating the new Florida state law. It's in the backup material, and we discussed this a couple months ago, so -- anyway. I'd like to focus on the county's liability on this issue. The Page 103 April 22, 2014 mission of the pollution control section of the Collier County Natural Resources Department is to protect Collier County's drinking water resources from pollution. And Collier County's drinking water comes from underground aquifers. Any pollutants could eventually be found in the county's drinking water supply. Now, the process for the county to achieve this is the Collier County pollution complaint investigation process. Now, the goal of this is to ensure compliance with related federal, state, and local rules and regulations that are applicable to specific pollution issues. Now, in order for the county to comply with this, you need to comply with your ordinance, 89-20, which is the Collier County Water Pollution Control Program Ordinance. You are now libel to check any pollution that has gone into the ground here. This is past the DEP process now. There is a complaint by the DEP that the Dan A. Hughes Company has put chemicals in the ground, and your ordinance, 89-20, mandates you do this. This is your ordinance that you have to do this. Now, it mandates you to do the following programs: Water quality monitoring assessment of the drilling site, groundwater sampling, and surface water sampling, and analytical services. Now, you already have a monitoring program where you put sensors on water wells in the area where there is suspected pollution. You already have this process in place to do this, and your ordinance, 89-20, mandates you to do this. Now, let me repeat. This is not the issue with the DEP and your lack of responsibility. Because there's been this complaint, there is now an official complaint by the State of Florida that there is potential groundwater pollution, and your ordinance, 89-20, mandates that you investigate this. And -- thank you very much. MR. MILLER: Your next speaker is Dr. Karen Dwyer. She'll be followed by Jaime Duran. Page 104 April 22, 2014 DR. KAREN DWYER: The breaking news about Dan A. Hughes illegally fracking the Collier-Hogan Well next to the Corkscrew Swamp Sanctuary cannot be ignored. We now have documented evidence of the company's wrongdoing. They will do whatever it takes to extract oil, even break the law and recklessly endanger our water, land, and air. Their goal is not to make extraction safe, but to make it as inexpensive, expeditious, and profitable as possible, even if it means using extreme extraction in direct violation of orders from the state. To say we are outraged is an understatement. We find it almost beyond belief that a Texas oil company can disregard rules and laws and engage in illegal and untested extreme extraction in our vital watershed, either hoping they won't get caught on the one hand or willing to pay the nominal fee on the other hand. This latest travesty is exactly why it's so important to stop this new type of Everglades dirty drilling in our watershed so near homes and city water supplies. No amount of regulation can make it safe, because the DEP lacks the regulatory power to compel compliance. They're understaffed and overworked and crippled by legislation written by and for the oil industry. The fines are so nominal industry is willing to break the law and add the fines into the total cost of drilling. So, yes, please, file a petition for an administrative hearing to challenge the consent order. Thank you for doing that. We also urge the commissioners to join us in, one, calling on the DEP to permanently shut down Dan A. Hughes for violating regulatory orders and recklessly endangering our water supplies and Everglades. Call -- number two, call on Governor Scott to shut down all oil drilling operations, permitted and pending, by the Dan A. Hughes Company. Page 105 April 22, 2014 Three, call on the EPA to deny the pending injection well permit since Dan A. Hughes cannot be trusted to, quote, implement industry best practices, as the company's criminal wrongdoing proves. Four, call on Collier Resources to distance themselves from Dan A. Hughes and their criminal misconduct by breaking the land leases and stepping back from drilling. And to conclude, we urge the commissioners to move forward with a ban on all extreme extraction in Collier County. Now is the time to safeguard our community. Thank you. MR. MILLER: Your next speaker is Jaime Duran. He'll be followed by Pamela Duran. MR. DURAN: Commissioners, for the record, my name is Jaime Duran, and I live at 4880 24th Avenue Southeast. As you are probably aware, obviously, the Dan A. Hughes Company was fined and agreed to sign a consent order with the FDEP for violating the terms of the permit on the Oil Well Collier-Hogan 23H. This company, together with the Collier companies that own the mineral rights, have shown a complete disregard for the loss of the state and the county and, in my opinion, cannot be trusted to operate in good faith. For the past year we have addressed this board as well as the FDEP, the EPA, and others to be ignored and labeled as hysterical as well as threatened, intimidated, and bullied by the Colliers. Our faith in the willingness of our government officials to provide a safe and clean environment has been severely eroded. What will you do now to begin restoring that faith? For the record, I would like to take this opportunity to officially propose that the name of Collier County be changed. It is time to stop honoring the name of the family that pillaged the old growth (sic) cypress and that now -- that is now squeezing the land for the last drop Page 106 April 22, 2014 of oil before paving it. Thank you for listening. MR. MILLER: Your next speaker is Pamela Duran. She'll be followed by Dr. John Dwyer. MS. DURAN: Hi. I'm Pamela Duran. I live at 4880 24th Avenue. As stated in the general permit conditions, No. 3, the county has a right to place ordinances that the oil and gas industry must follow. I brought you a copy so everybody could have it. It states, issuance of this permit does not relieve the permittee of responsibility to comply with all applicable federal, state, county, municipal, and special district laws, ordinances, and rules nor is the permittee relieved of the responsibility to obtain any licenses or permits which may be required by the federal, state, county, municipal, and special district laws. You have power. We ask you to implement an ordinance to protect the residents of this county. Both Collier companies and the Dan A. Hughes Company were on record that they were not going to frack. We asked that the ordinance be passed to make sure that this wouldn't happen. Now the people of Golden Gate Estates are wondering, what's in our water? An independent company must test the groundwater. This happened January 1st, and the FDEP released a statement April 18th. We will never know what chemicals they used and exposed the residents to because Dan A. Hughes has confidentiality. What do we have? Worry. Trying to get the FDEP, EPA, and the commissioners to ensure a safe environment for all, look at the big picture. Look at the future. Thank you. MR. MILLER: Your next speaker is Dr. John Dwyer. He'll be followed by Bob Krasowski. Page 107 April 22, 2014 DR. JOHN DWYER: For the record, John Dwyer. I am at 15937 Delasol Lane in Naples. I do know how easy it is for officials to listen to wrong voices, voices of persons that they have grown to trust for whatever reason. You must not believe an oil company when it says it will not frack or that everything is perfectly safe. You know the cost associated with listening to the wrong voices. The voices that the commissioners, the FDEP, and the EPA have listened to most attentively have proven to be hollow and untrustworthy. BP told the public that Corexit was as harmless as Dawn dishwashing liquid, but BP and the EPA clearly knew about the toxicity of the Corexit dispersants long before the spill. What should you do with the hollow and untrustworthy Dan A. Hughes Company and the equally unreliable regulatory agencies? For you, the EPA or any regulatory agency of our government to depend upon or even suggest that the oil industries' self-regulation and employment of technological improvements will save the Everglades from a fossil fuel catastrophe is bad faith. It hasn't saved anyone anywhere yet. Here in Florida oil operators do not even need a permit beyond the easily obtained initial permit from FDEP, as long as they're ready to pay a small fine. Twenty-five thousand dollars is hardly a parking ticket for somebody that drives a four-door Bentley. We are supposed to be comforted by assurances that 800 water tests per week are conducted in Collier, but we know that Collier and the DEP are understaffed and inadequately funded. How to enforce the regulations or even test for compliance? There's no one to even study the results of the test. I've been told that the tests that have been done have not even been read since the department was downsized here in this building and have been instead kept in a file cabinet here. Page 108 April 22, 2014 And we do know that water samples are not tested for each of the 400 to 700 lethal contaminants used in drilling. Right now there's no way to tell whose drinking water is contaminated with what. All along the Faka Canal from the Collier-Hogan Well to the Fakahatchee Bay, one canal straight down. We can tell the $25,000 won't cover the cost. So what to do about it? We asked you to do this before, prohibit fracking in Collier County. Do not believe oil company promises or regulatory agencies' assurances. Thank you. MR. MILLER: Your next speaker is Bob Krasowski. He'll be followed by Jennifer Hecker. MR. KRASOWSKI: Good afternoon, Commissioners. My name is Bob Krasowski, for the record. I agree with much of -- well, probably all of what was said earlier here, and I certainly appreciate Mr. Lundin's mentioning that we have a mechanism within the county to look at these issues. I'm somewhat frustrated and don't have much hope, actually. When I look at the big picture of what we're facing, it looks pretty bleak. We -- this county allowed for the unnecessary encroachment into turtle nesting season to perform beach renourishment, which you finished two months early. If you would have started two months later, you would have finished six weeks early. So, I mean, you didn't have to do it. You did it anyway. You're not sensitive to the environment. Then in the statewide -- Lake Okeechobee. The sugar companies prevent a proper solution to re-divert Lake Okeechobee overfills and allow for so many communities on the east and west coast to be designated. CHAIRMAN HENNING: Bob, you need to stay on topic. MR. KRASOWSKI: I'm on topic. CHAIRMAN HENNING: The topic -- the topic is -- Page 109 April 22, 2014 MR. KRASOWSKI: Please, don't interrupt me. Please, I need extra time. CHAIRMAN HENNING: The topic -- MR. KRASOWSKI: I can say what I want. Don't tell me what to say. I'm talking about the environment -- this county and the impact of the environmental attitude of this board and how it impacts the overall position. And I want my time, and I don't want to be interrupted, because you do this consistently as a method to interrupt people from paying attention to what I say, and I'm sick of it. CHAIRMAN HENNING: The topic is the request of the consent order be modified for different -- for additional provisions and oversight and safeguards. That is the topic. MR. KRASOWSKI: Yes. And what I'm saying is that I want that to occur, but I'm building a background showing how pathetic the environmental sensitivity is of this board, the state government, the governor, the head -- Herschel Vinyard, the head of the DEP. You already had, like you're requesting, that they -- the DEP communicate with you. Well, they haven't even communicated over the last 10 years with the Big Cypress Advisory Board through a Florida Statute which is supposed to check out every one of these oil wells that might have an impact to Big Cypress. So good luck with that. I don't -- I think anybody here that thinks that oil wells aren't going to go in is dreaming. You know, there's a little poem I wrote. Collier environment sat on the wall. Collier environment had a great fall. And all the agencies and governments and all the compromising environmental groups couldn't put it back together again, and that's what's going to happen. We keep incrementally encroaching on the environment, and it's pathetic. And so it's just all going to be decimated eventually. Page 110 April 22, 2014 I'd like to mention two things on your -- under considerations. You identified the neighbors of having fear and anxiety. I think that's treating them like children. They have serious concerns. And then the other thing said something about your lack of authority. I think rather than the lack of authority, I think you recognized your responsibility and, in doing so, Collier County has supported -- CHAIRMAN HENNING: Bob, your time is -- MR. KRASOWSKI: -- and publicized public information meetings and the rest of that, so -- CHAIRMAN HENNING: Your time is up. MR. KRASOWSKI: You took my time and you interrupted, which interrupts the whole flow of the conversation. CHAIRMAN HENNING: Thank you. MR. KRASOWSKI: You're not welcome. MR. MILLER: Your next speaker is Jennifer Hecker. She'll be followed by Pam -- I'm sorry -- MS. GHARABALLY: Gharabally. MR. MILLER: -- Gharabally. Thank you, Pam. MS. HECKER: Good afternoon. Jennifer Hecker on behalf of the Conservancy of Southwest Florida and our more than 4,500 members. We're here today to commend you and express our strong support for the county recommendation that Collier County file a challenge to the consent order between the Florida Department of Environmental Protection and the Dan Hughes Company to request modification of the order to require additional DEP oversight and safeguards. The current consent order is inadequately protective of the citizens of Collier County and their drinking water supply. Having the applicant retain the consultant to assess the impacts of their own illegal activity inherently creates a conflict of interest regardless of DEP's input into their selection and review of their findings. Page 111 April 22, 2014 Moreover, having the applicant responsible for monitoring and reporting potential groundwater contamination from their own illegal activities is completely inappropriate. There are no stipulations with regards to what enforcement actions or financial responsibilities would be incurred should such contamination be found. The permit said that violations could result in the suspension or revocation of this permit, and that is what should have occurred. The $25,000 fine is merely a slap on the wrist and will not substantially deter future violations, given the profitability of such activities, sending the signal that it's easier to ask for forgiveness than permission. If the permit is not suspended or rescinded, DEP should, at the very least, levy a far higher fine, levy at least a $1 million bond for potential cleanup expenses, and itself conduct the assessment of impacts and monitoring for groundwater contamination with its own in-house technical staff and programs. It is particularly troubling that this work order was submitted and expected to be reviewed during the Christmas break by Hughes Company, that they commenced this activity without permission by the DEP, and that they did not cease and desist immediately when they were notified by the DEP to do so. Moreover, the DEP was aware of all of this while rapidly permitting another well application by this very same company despite considerable concerns being expressed by other state agencies about the potential impacts to the groundwater supply here in Collier County, NGOs including ourselves, and the public. Clearly, the current state legal and regulatory framework lacks the protocols and requirements for adequate oversight of such activities and, thus, necessitates counties, such as Collier County, to become involved in protecting their own citizens and water supply. For that reason, we strongly support and encourage you to pursue Page 112 April 22, 2014 challenging this consent order. Thank you very much. (Applause.) MR. MILLER: Your final public speaker on this item is Pam Gharabally. MS. GHARABALLY: Thank you. Again, Pam Gharabally, 663 106th Avenue North. I just wanted to set the record straight. You mentioned that you followed through on No. 10 and you'd like to take credit, Mr. Summers' report, regarding bringing in the Big Cypress Swamp Advisory Committee, and you thought you did your job. Well, quite frankly, the big Cypress Swamp Advisory Committee would not have been called if Preserve Our Paradise, which is a nonprofit organization, did not take them -- Hughes and Collier County -- Collier Resources to court, and we -- are already in an administrative hearing. Judge Alexander is the one who called the Big Cypress Advisory Committee to make a recommendation because he realized they had not been asked. This committee has not been asked for years and years. Nobody on the committee has even been asked for 20 years. So perhaps your administrative idea -- now it might be a good idea. I applaud you for doing it. You're a little late. And besides that, please don't take credit for it. It's because Preserve Our Paradise is in court already, and Judge Alexander is the one who asked for it. Thank you. CHAIRMAN HENNING: Thank you. (Applause.) CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Thank you for bringing the executive summary forward, Commissioner Nance. In light of the fact that the county attorney has not had an opportunity to review what you've presented, I would like to give the Page 113 April 22, 2014 county attorney the opportunity to comment on what Commissioner Nance has presented as well as some of the comments made by the citizens regarding an ordinance and what jurisdiction we have and don't have. Can you clarify what we can and cannot do legally? MR. KLATZKOW: I'll try. Okay. I did have the opportunity to speak, relatively briefly, with Commissioner Nance yesterday, who gave me the heads-up that this was coming on, so we have done a little bit of our homework. COMMISSIONER HILLER: Could you speak into the mike so we can hear a little bit better. Thank you. MR. KLATZKOW: I've got a time pressure on this one. I've got an order that was done April 8th, or 21 days, which means, on the conservative side, I have until next Tuesday to file something. So we're not going to be able to come back to the board. So whatever direction you can give me today will be appreciated, because I'm not going to have the opportunity to meet with you again on that. COMMISSIONER HILLER: To that end, I would appreciate if you can give us guidance as to what type of direction you need to get this done. MR. KLATZKOW: Okay. Well, at this point in time, I have Commissioner Nance's executive summary with the recommendation, so I do have that. Mr. Summers had given you a white paper back in December -- I believe Commissioner Nance referred to that one -- and I do have that to work with. COMMISSIONER NANCE: Yes, sir. That's the meeting that we had. We had the original agenda item in September, and Mr. Summers came back and presented his white paper and his recommendation. And, ma'am, that -- we weren't taking credit for it. That was a recommendation that we made at the time in October, and that was the Page 114 April 22, 2014 meeting of October 8th, and that was hem No. 5D was -- a white paper was backup to that report that Mr. Summers delivered. So the recommendations that he made in that white paper under the heading "Water Resource and Aquifer Protection Recommendations," which he presented to this board at the time, reminded the board that these were recommendations that Collier County would prefer and would seek to achieve through willing participation of the applicant but that Collier County does not have the legal ability to weigh in on environmental monitoring and so on and so forth. That is in the wheelhouse of FDEP and other regulatory agencies. So we have Mr. Summers' recommendations in the form of 10 specific items that he and staff came up with to guide us. And I know we have a -- you know, it's a time-sensitive issue, and we have to do something before the 29th and have it in their hands by then. But I believe that opening up those items and reviewing what the consent order already includes and adding additional items that are appropriate is, perhaps, our best approach here. It's the remedy that is available to us. COMMISSIONER HILLER: Can I get -- hear from him? MR. KLATZKOW: Again, the direction I'm taking right now is from the executive summary with the recommendation, and you do have that in front of you, and that's what the petition would include. I do have Mr. Summers' white paper. I can include that. We're going to take the fact that we are a person with a substantial interest in this. We've had that challenge before by the state. We've been successful before. We'll see if this one gets by. Some of the speakers talked about revocation of the permit. That is not this direction. So unless I'm directed otherwise, we will not be seeking that. COMMISSIONER HILLER: Let's go to the beginning. What you've just said is that you believe that we can establish standing to Page 115 April 22, 2014 request that this consent order be modified? MR. KLATZKOW: If Collier County does not have a substantial interest in this consent order, in my opinion, no one does other than the two parties. COMMISSIONER HILLER: I understand. But -- so you're saying that you feel that we likely will meet that threshold test of having standing? MR. KLATZKOW: It's been challenged before. We'll see. COMMISSIONER HILLER: Okay. So that's the first thing. The second thing is to modify to give us the ability to have oversight for environmental protection. Will the courts be able to give us that jurisdictional authority, or can we derive that jurisdictional authority from any other source? MR. KLATZKOW: Well, this is a consent order. My expectation would be that the parties will enter into a settlement agreement rather than go through a long hearing and agree to these things. That I would bring back to you, obviously, before the county would consider entering into it. And that would be the tact I would take, to try to see if I can just get ourselves, as an interested party, ensconced in this consent order. COMMISSIONER HILLER: And then move to award some sort of settlement that will give us oversight authority? MR. KLATZKOW: Well, not give us oversight authority but to at least be able to work with the state on this. We want to have a material voice in this, I think, is what I'm getting here. COMMISSIONER HILLER: And the question I have is, will we have the ability to get legal authority to do what Commissioner Nance is providing for here, which -- additional provisions for oversight, safeguards, monitoring to protect the environment and ensure health, safety, and welfare of the citizens of Collier County. Will that in some way be given to us through a settlement agreement, or is there some other legal way for us to get jurisdiction Page 116 April 22, 2014 over this issue so that we can ensure that? MR. KLATZKOW: I don't know. I don't know. But I will tell you that I'm looking at a map now of the oil fields in Florida and, for the most part, they're largely in Collier County. This really is not a State of Florida issue. It's a -- it's a Southwest Florida issue. There are several fields up by Pensacola. You know, if we don't -- if we don't have an interest in this, I don't know who else does. And I would say that, you know, from a legislative standpoint we don't have a say. I would talk to the legislative delegation we have and say, well, we need a say. COMMISSIONER HILLER: So the first thing is then, in what we're guiding you to do today, is to go ahead and challenge the consent order -- MR. KLATZKOW: Yes. COMMISSIONER HILLER: -- establish standing on our behalf and show that we have a significant interest and that we want to participate in the oversight, safeguards, and monitoring to protect our environment and ensure the public's health, safety, and welfare? MR. KLATZKOW: Yes. That's my understanding. COMMISSIONER HILLER: And then the next issue that I question is, does the EPA have any jurisdiction with respect to what's going on? MR. KLATZKOW: I don't know. I just -- COMMISSIONER HILLER: I understand, but can you look into that? MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: That's something I think we need to know, because, you know, groundwater contamination is a significant concern to the EPA, and there is federal legislation regarding -- MR. KLATZKOW: I don't know where the oil is and where the aquifer is, to be blunt. Page 117 April 22, 2014 COMMISSIONER HILLER: I understand. But that is, I think, something that we need to look into and determine whether the EPA should be involved and there should be, you know, some sort of oversight -- MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: -- through them as well as through the state. What was the next issue you raised, the permit? MR. KLATZKOW: You had asked me to comment on some of the public speakers and -- COMMISSIONER HILLER: Yes. The one issue that was raised was that there was an ordinance that allowed us to -- and I don't have the ordinance in front of me, so I don't know what the ordinance provides for. MR. KLATZKOW: Your staff can take a look at that. It's not much of an ordinance, I'll tell you that. COMMISSIONER HILLER: What is the ordinance? MR. DURHAM: I can put it up right now, ma'am, if you just give me a second. This is the codified version of it, if you look in the screen. I'll just slowly scroll down. It's not particularly long. COMMISSIONER HILLER: This is about the pollution control division within the county, protecting groundwater. MR. DURHAM: Protecting the groundwater, freshwater, surface waters, and other non-tidal water resources from all sources of pollution in the county. The Board of County Commissioners shall take all necessary and desirable actions to implement the purposes of this program. COMMISSIONER HILLER: Can you continue to the next page. MR. DURHAM: Yes, ma'am. It just gets into a little bit of the funding and the advisory board. COMMISSIONER HILLER: County Attorney, can you tell us Page 118 April 22, 2014 what we can do under this particular ordinance? MR. KLATZKOW: I don't know. I'm going to need to look at this ordinance, the history. I doubt very much it was written with the thought process of oil wells. You know, I want to take a look at the Comprehensive Plan we have. I don't know. I do know we can come back with you at the next meeting on this issue with a recommendation. COMMISSIONER HILLER: Then if you could do that. MR. KLATZKOW: But where I do not have the time is on this petition. COMMISSIONER HILLER: Right. No, I understand. But we're going to address this, you know, as part of a motion, a multi-pronged motion. MR. KLATZKOW: I understand, ma'am. COMMISSIONER HILLER: But I just want to cover all the -- what about the actual permit? MR. KLATZKOW: The public speakers, one or more of them, raised the issue about seeking a revocation of the permit. That is not the direction under the executive summary. COMMISSIONER HILLER: Well, what can be done with respect to that? MR. KLATZKOW: Well, you can seek it. I don't know if they'll grant it, but you can seek it. COMMISSIONER HILLER: Seek it as part of the motion to amend the consent order? Add that -- MR. KLATZKOW: Yes. COMMISSIONER HILLER: -- as an element? MR. KLATZKOW: Yes. I mean, we can challenge it under that thing. I guess -- you know, there are some people who believe that this oil company has lied to us, that this oil company said that they would never do fracking, that, in fact, you couldn't do fracking. And if you've got a person out there who's just lying to you blatantly, I Page 119 April 22, 2014 don't know why you'd want to do business with them, and that would be the argument with the state. You can regulate them all you want. If they're going to lie to you, I don't know what to tell you. COMMISSIONER HILLER: All right. Commissioner Nance, do you have a problem adding -- requesting the revocation of the permit based on the misrepresentations made by the company? COMMISSIONER NANCE: I have absolutely no problem with it. My intent in this was to gain back control over a vendor that's conducting business in the county that is being less than forthright in what they're telling not only the people but members of this board and the public at large as to what their intention was. And if they didn't outright lie, they were certainly deceptive in the way it was presented, and it does not give comfort to anybody to have that taking place. The problem that we have in the county is that we really do not have the resources available to provide some of the oversight on the technical things that are taking place and the ways that it really needs to be done. So my concern is that we establish a better relationship with FDEP, and if FDEP is going to be in charge of this issue, that, in fact, they get in charge of the issue. COMMISSIONER HILLER: Okay. COMMISSIONER NANCE: They simply have to step up, start listening to what we're telling them, start listening to what the public tells them, because there's not a lot of difference between that, because they are the agency in charge, so they say. Well, they need to be in charge of this issue. COMMISSIONER HILLER: Yeah, so -- COMMISSIONER NANCE: And that we need to do what we can under this petition to ask them to add oversight and safeguards in light of what has taken place. And I don't know how that does. I don't Page 120 April 22, 2014 know that we -- that we want to have that responsibility, but certainly somebody does that has the capability of doing the right thing on this topic. COMMISSIONER HILLER: I think you're absolutely right. This goes back to what Conservancy said, that the state has certain affirmative duties and that we need to compel them to perform according to what their responsibilities are for our protection, and that should also be part of this request to modify the consent order; that, you know, we request that they commit to perform under their statutory obligation to protect us and that we have the right to review and ensure and compel that as persons of interest. COMMISSIONER NANCE: Well, ma'am, due to the sensitivity and -- County Attorney, due to the sensitivity of the situation we have, not only on the Hogan Island well but on other wells that are being proposed that, additionally, add the issue of being in proximity to residents -- and my saying proximity meaning that residences exist within the hazard planning area as defined by FDEP. If we have a vendor that is going to conduct business in this manner, then there need to be protections, and I think this is our -- that this consent order and this administrative hearing is our best option to bring this before the regulatory agencies. I don't know that we have any other way to do so. We are bound by the same sorts of processes that the public has encountered all along this process. COMMISSIONER HILLER: So -- COMMISSIONER NANCE: That's been what you have told this board. COMMISSIONER HILLER: So, basically, what I think we ought to do is the motion should require you, the county attorney, to file a modification to the consent order to provide that the state must do what it's required to do statutorily to protect the interests of the citizens of Collier County against unlawful drilling, and you can Page 121 April 22, 2014 specify, you know, what those requirements are; that there shall be no fracking in Collier County; and that we request that this company's permit be withdrawn because the company has exhibited bad faith; and that, further, that we ask you to research what jurisdiction the EPA has and to further research what we can do under the ordinance before us today, which is number -- I can't see the top of it. What's the top -- MR. DURHAM: 89-20. COMMISSIONER HILLER: -- 89-20; and, lastly, that we ask staff to work with our legislative delegation to bolster protections at the state level against the dangers of drilling both to the environment and to residents of communities in Florida. MR. KLATZKOW: Does that motion include the inclusion of the recommendations in the executive summary? COMMISSIONER HILLER: Yes. CHAIRMAN HENNING: We don't have a motion. COMMISSIONER HILLER: I just made a motion. CHAIRMAN HENNING: You just made a motion. Well -- COMMISSIONER HILLER: That was the motion. CHAIRMAN HENNING: Let's -- I know that this has been put on the agenda without much study, but let's -- and input, so let's not look like fools when we send up information to the state. COMMISSIONER HILLER: Well, we're not. What the county attorney will do -- he's on -- CHAIRMAN HENNING: Hang on. COMMISSIONER HILLER: -- deadline. He's got -- what's your due date to file a modification? CHAIRMAN HENNING: Well, I understand the -- I understand the time frame; however, the ordinance has nothing to do with oil wells. It has everything to do with the effects of sewers with the ground -- COMMISSIONER HILLER: It may very well be, but that is not Page 122 April 22, 2014 -- we're asking the county attorney to research if it does have anything to do with -- CHAIRMAN HENNING: Okay. But that's not -- COMMISSIONER HILLER: -- groundwater contamination related to oil wells. He'll have to go back into the history of the ordinance. We're not discussing or debating whether the ordinance does or doesn't apply. The county attorney will come back to us at the next meeting with his research. CHAIRMAN HENNING: So you're changing your motion? COMMISSIONER HILLER: No, no. My motion was to direct him to research certain things as well as to do certain things. He is to research this ordinance. He is to research the EPA's involvement. Staff will come back to us with, you know, recommendations, you know, what we should ask our legislators to do with respect to state law. But what he needs to get done by the 21st is to modify the consent order as we -- as I just described in this motion. CHAIRMAN HENNING: Okay. Well, let me read you — to save some steps -- Ordinance 85-31 . COMMISSIONER HILLER: I have it in front of me. CHAIRMAN HENNING: When -- COMMISSIONER HILLER: Which one is in front of me? CHAIRMAN HENNING: May I finish? When the board passed it, Environmental Services Administrator Lorenz stated that this is a housekeeping item, nothing to do with the '84 referendum passed to create a water pollution program but limit the scope of monitoring studies abating the effects of sewer disposal in the county's water resource. He advised that the referendum held in '88 -- which explains the scope of the program to protect the groundwater, freshwater, surface water, and other non-tidal resources from all sources of pollution without increasing the millage. Page 123 April 22, 2014 COMMISSIONER HILLER: And that may very well be the case, and we'll let the county attorney confirm that when he comes back. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: It may be totally nonapplicable, and you may be absolutely right, and the county attorney should confirm if it doesn't apply. CHAIRMAN HENNING: So I'm trying to understand what we're doing here, and I understand and agree with -- Commissioner Nance, you want for the -- for the state to provide information on all correspondence and tests and any other related material due -- for this well and any other well. COMMISSIONER NANCE: In the future, yes, sir, I'm trying to re-establish direct communication with -- CHAIRMAN HENNING: Right. COMMISSIONER NANCE: -- FDEP so that we are advised of our responsibilities as well as understand the responsibilities that they should be taking in our behalf. CHAIRMAN HENNING: So -- and that you want as part of the challenge to the consent order? COMMISSIONER NANCE: Part of the challenge, yes, sir. What I was trying to do, Mr. Chairman and members, I was trying to -- the consent order outlines a process and it is very narrow in and what exactly they want regarding a challenge to the consent order and the sort of things and the way they want it represented so they can understand it clearly. And what I want to do is I want to make sure that we include things that we have carefully considered already. And I appreciate -- you know, Commissioner Hiller suggests that we add revoking the permit; I think that is fine, but I don't want to make it so overly broad that we lose standing somehow in our challenge to this and we lose our ability to influence DEP. Page 124 April 22, 2014 So I want to make sure that we get a good, tight, well thought out and considered petition filed by the deadline so that we can move forward. And I believe establishing a protocol is going to open the conversation also to other needs that we may have in the future, and that may well be just as important as modifying the consent order. I think the protocol is what we're really lacking and the reason we're suffering ridiculous situations like we have. COMMISSIONER HILLER: And we need the assistance from the legislative delegation to establish that relationship and lobby on our behalf to have those communications. COMMISSIONER NANCE: Yes. COMMISSIONER HILLER: That would be part of the direction to staff. COMMISSIONER NANCE: Well, certainly we -- right. We can come back with -- there's many additional things that we can do, but right now this is the -- this is the opportunity for remedy that we have, and I want to make sure that we don't stumble over trying to make it overly broad. I want the county attorney to be able to go to work on this and get this done and filed in a timely fashion. COMMISSIONER HILLER: County Attorney, do you need -- CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Thank you. Do you need any -- do you need any further direction? Is that sufficient? Can you tailor -- CHAIRMAN HENNING: There's no second to the motion, so let's just wait. COMMISSIONER HILLER: Right. I just want to clarify that before I finalize the motion. Do you? MR. KLATZKOW: I'm good. COMMISSIONER HILLER: Are you good with that? Do you feel that it's overly broad, or is there anything that should be eliminated from the motion? MR. KLATZKOW: I'm going to take the direction as general Page 125 April 22, 2014 direction to me. I'll work with staff, and if the board directs me to do this, we will file the paperwork. COMMISSIONER HILLER: Okay. CHAIRMAN HENNING: Who's next? Commissioner Nance. COMMISSIONER HILLER: So I have a motion on the table. CHAIRMAN HENNING: What is your motion? COMMISSIONER HILLER: I've already stated it twice over for your benefit, so I'm going to allow the -- CHAIRMAN HENNING: Well, one of them is -- COMMISSIONER HILLER: -- court reporter to read it back rather than repeat it, because I'm not going to repeat it. CHAIRMAN HENNING: Okay. One of them is -- COMMISSIONER HILLER: I think it's very clear. CHAIRMAN HENNING: -- is to revoke the permit; is that correct? COMMISSIONER HILLER: That was one of the things. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: And that was something that I asked Commissioner Nance if he felt that was appropriate, and he felt it was in light of the fact that the company lied. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: Since this is in his district and his constituents, I'm going to defer to him. If he feels that it is appropriate to request that the permit be withdrawn in light of what we have now found out, then I will make that as part of my motion. If he chooses not to include that, I'll withdraw it, but I'm deferring to him. It's his district. COMMISSIONER NANCE: I think it's perfectly reasonable. I don't think there's any reason why we shouldn't include that. I mean, this is going to be an administrative hearing where we're going to be able to bring up all the concerns that we have. I just thought that the requirements for oversight safeguards and Page 126 April 22, 2014 monitoring have been well thought out by Mr. Summers. I wanted to have him be able to support the county attorney in those things since we have thought about those. We don't have to rethink everything completely, but to add the revocation of the permit is perfectly okay with me. CHAIRMAN HENNING: Would you read back the motion? THE COURT REPORTER: If I can find it. I'm sorry. I can't find it right now. COMMISSIONER HILLER: All right. Let me try to -- if you can't find it, I'll repeat it. And, County Attorney, correct me if this is different in any way; I don't believe it is. So the motion is to direct the county attorney to file a request for modification of the consent order, to require that there be -- that the state is compelled to perform under its duty to provide oversight, safeguards, and monitoring to protect the environment and ensure the health, safety, and welfare of the citizens of Collier County; to include a request for withdrawal of the permit to the Dan A. Hughes Company; and to provide for no fracking to be allowed in Collier County. Is that okay? Or just no fracking as it relates to the Dan A. Hughes Company? I don't want to be overly broad, but no fracking as to the Dan A. Hughes Company? MR. KLATZKOW: I'm limited -- we're limited to this consent order. COMMISSIONER HILLER: Right. I thought the -- doesn't the consent order -- I thought it addressed fracking. Well, you can verify that. If it doesn't -- if it doesn't address it and you don't believe it's responsive, you just won't include it. MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: And to separately have the county attorney research whether the ordinance presented today -- and it's Page 127 April 22, 2014 Ordinance No. -- what is it? Can you scroll it down or put it back up. What is it? MR. DURHAM: 89-20, ma'am. COMMISSIONER HILLER: 89-20. That Ordinance 89-20, whether or not -- and to have the county attorney research separately to be brought back at the next meeting whether 89-20 would give us jurisdiction to act with respect to this situation; and to direct staff to work with our legislative delegation to bolster statutory oversight and to include additional safeguards with respect to drilling and fracking as it relates to both the environment and the health, safety, and welfare of the citizens of the state. MR. KLATZKOW: And I believe your motion incorporated the recommendations in the executive summary motion? COMMISSIONER HILLER: And, lastly, to incorporated the recommendations in the executive summary presented by Commissioner Nance here today. COMMISSIONER NANCE: Ma'am, if that would -- if that would also include that the provisions for the oversight, safeguards, and monitoring reference what Mr. Summers work did, I will second that. COMMISSIONER HILLER: And that the references to the oversight, safeguards, and monitoring include the recommendations presented by Mr. Summers in the exhibit that he presented at the board meeting when this matter was covered. And I see staff nodding their heads. Mr. Casalanguida, Mr. Summers, Mr. Ochs? MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: Are you okay with that? MR. OCHS: I understand it. CHAIRMAN HENNING: Okay. There's a motion by Commissioner Hiller, a second by Commissioner Nance as stated. I cannot support the motion because it's broad. It's -- Page 128 April 22, 2014 COMMISSIONER HILLER: That's what the county attorney wanted. CHAIRMAN HENNING: May I finish, please? COMMISSIONER HILLER: Sure. CHAIRMAN HENNING: This has to do with the Oil Well 20-3H. That's what the consent order is. The motion is broader than that well and, you know, other wells can be addressed at another time or general provisions, either through DEP or the county. COMMISSIONER HILLER: Commissioner Nance, do I have a second on my motion? COMMISSIONER NANCE: Yes, I gave you a second, ma'am. COMMISSIONER HILLER: As modified? COMMISSIONER NANCE: To -- in order to -- can I speak, sir? CHAIRMAN HENNING: Yeah. COMMISSIONER NANCE: In order to -- in order to address Commissioner Henning's concerns on this, could you -- could we break this into several discrete motions, one that has to deal directly with my executive summary to give the county attorney specific guidance on this item and then follow up with additional motions that you may have concern about so we can -- MR. KLATZKOW: May I? COMMISSIONER NANCE: -- perhaps get this moving forward? MR. KLATZKOW: Having listened to the board, I think my direction is as follows: All right. It's really going to be asking in the alternative. The first count, if you will, would be a request that the -- COMMISSIONER HILLER: Can you speak into the mike. MR. KLATZKOW: The first count of the petition would, in effect, be requesting that the permit be revoked. Failing that, okay, to seek a modification of the consent order. That modification would include the recommendations in the executive summary and Mr. Summers' protocols to the extent that those particular items are Page 129 April 22, 2014 relevant to the consent order. COMMISSIONER HILLER: Right. CHAIRMAN HENNING: Are relevant to the well. MR. KLATZKOW: This consent order, yes. COMMISSIONER HILLER: Right. Absolutely. I mean, everything has to be relevant to the consent order. I mean, nothing else -- I mean, we're not making any -- they can't rule on anything that's beyond the issue that the consent order relates to. That goes without saying. COMMISSIONER NANCE: Is that modification acceptable to your motion, ma'am? It is to my second. Does that help you, Commissioner Henning? COMMISSIONER HILLER: It can't be done any other way. They don't have jurisdiction beyond the issue that's before them. Is that okay? CHAIRMAN HENNING: Well, now we're sticking to the issue on the consent of the one well. Prior it was not. COMMISSIONER HILLER: We're -- no, because we're talking about the consent order, I mean, the issues under that particular consent order. Whatever they ruled on is what we have the ability to be responsive to. CHAIRMAN HENNING: Okay. Commissioner Fiala, I'm sorry. COMMISSIONER FIALA: That's all right. I think that we need to get this done expeditiously because we have a time limitation. We can always expand on that at a later time, but right now we need to get this moving forward, so I'm in line with you guys. COMMISSIONER HILLER: Thank you, Commissioner Fiala. Can you please call the question, Commissioner Henning. CHAIRMAN HENNING: No further discussion on the motion? (No response.) Page 130 April 22, 2014 CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. (Applause.) Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN HENNING: Now we go to county manager's and commissioners' correspondence. MR. OCHS: Yes, sir. I have nothing today, Commissioners, except to remind you of your May 6th CRA workshop at 1 p.m. in the chambers. CHAIRMAN HENNING: Okay. MR. OCHS: Thank you. CHAIRMAN HENNING: County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Nothing. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Nothing additionally, sir. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: I have great news. I actually have really great news. I just heard -- and, of course, this is all subject to Governor Scott, because he could always veto. Page 131 April 22, 2014 But as of right now the appropriation of two-and-a-half million for the Collier County accelerator is -- has been approved both in the House budget and the Senate budget. So unless the governor's office says to the contrary, the county will receive two-and-a-half million, and we will have the first real accelerator which will serve the county, the region, and the state, and I think we even may have our first tenant. COMMISSIONER FIALA: You know -- COMMISSIONER HILLER: But we'll bring that at the next meeting. COMMISSIONER FIALA: Could I add? COMMISSIONER HILLER: Yeah. COMMISSIONER FIALA: Last night I talked to Kathleen Passidomo, again, throwing in my two cents. COMMISSIONER HILLER: Yep. COMMISSIONER FIALA: And between our Representative Kathleen Passidomo and -- COMMISSIONER HILLER: She did an excellent job. COMMISSIONER FIALA: -- and our Senator Garrett Richter, they worked very hard on this. And so we owe them a debt of gratitude. COMMISSIONER HILLER: Yep, absolutely. Senator Richter and House Representative Passidomo worked tirelessly to get this done. CHAIRMAN HENNING: Well, it's my understanding that you worked very hard on getting that when you went up to Tallahassee, so thank you. COMMISSIONER HILLER: It was fun. COMMISSIONER FIALA: Me, too. COMMISSIONER HILLER: Yeah, she did. CHAIRMAN HENNING: Oh, that isn't what I heard, but that's fine. We appreciate your work. Page 132 April 22, 2014 COMMISSIONER HILLER: Commissioner Fiala worked tirelessly, and as did the county attorney, who was involved as well. I mean, it was nonstop work. COMMISSIONER NANCE: Well, my personal thanks to you, again, both of you, for carrying the documents related to the Southwest Florida Research and Education Center north with you when you went up there for all the work. COMMISSIONER HILLER: We did. COMMISSIONER NANCE: So that was very thoughtful and appreciated. COMMISSIONER HILLER: That was another thing we worked hard on. CHAIRMAN HENNING: Anything else? COMMISSIONER HILLER: Let me just think. The Bruins are going to win Stanley Cup Playoffs. I just want you to know that, Leo. I'm going to announce it publicly. MR. OCHS: Very good. COMMISSIONER HILLER: I'm putting everything on the Bruins. And I was going to wear a baseball cap, but I didn't want to mess up my hair, and I really didn't want to be -- put you in a position where I'd have to make you wear it, because that would have been a little bit like maybe asking too much, right? I'm just trying to think. COMMISSIONER NANCE: You can't mess up Leo's do with a baseball cap. COMMISSIONER HILLER: I don't think anything can mess up Leo's do. I'm just trying to think what else. CHAIRMAN HENNING: Take your time. MR. OCHS: Mr. Chairman, I'm sorry to interrupt. There was a request -- would you check your speaker slips, Troy. It may have been on the public petition. MR. MILLER: On the public petition, yes, I was given these, but I was -- we don't normally call for speakers on that. Page 133 April 22, 2014 MR. OCHS: Right. Was that registered for public comment or for the public petition? MR. MILLER: For the public petition, sir. MR. OCHS: Okay. There is no comment allowed on public petition by speakers. CHAIRMAN HENNING: Is there anything else? COMMISSIONER HILLER: I'm trying to think. COMMISSIONER NANCE: No. CHAIRMAN HENNING: No? COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: County Attorney, would you check and make sure our speaker slips are compliant to the law. If they are, we need to enforce it. If not, we need to modify it. MR. KLATZKOW: I've already sent direction out to do that. CHAIRMAN HENNING: You have? MR. KLATZKOW: Yes, I have. CHAIRMAN HENNING: Would you let me know and possibly other board members? MR. KLATZKOW: Yes, I will. CHAIRMAN HENNING: Okay. MR. KLATZKOW: And our speaker slips are fine the way they are. The reason for the address request in the speaker slips is oftentimes the board might do a reconsideration, and the speakers who were actually here should be notified -- COMMISSIONER HILLER: About a reconsideration. MR. KLATZKOW: -- that, by the way, this was reconsidered so that they can come back the second time. COMMISSIONER HILLER: That makes sense. CHAIRMAN HENNING: Okay. Entertain a motion to adjourn. COMMISSIONER HILLER: Motion to adjourn. COMMISSIONER NANCE: Second. COMMISSIONER HILLER: And thank you for managing this Page 134 April 22, 2014 meeting very well. CHAIRMAN HENNING: Motion and second. And seeing no objections, we are adjourned. COMMISSIONER NANCE: Thank you. **** Commissioner Hiller moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 RECEIVE AND APPROVE THE COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN 2013 PROGRESS REPORT AND ACTION PLAN FOR 2014 — COLLIER COUNTY IS CURRENTLY RATED AS A CLASS 6 COMMUNITY, WHICH PROVIDES UP TO A 20 PERCENT DISCOUNT ON THE PREMIUM RATES CHARGED TO POLICY HOLDERS OF FLOOD INSURANCE Item #16A2 FINAL PLAT OF DEL WEBB NAPLES, PARCEL 112C, (APPLICATION NUMBER PL20130002713) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A3 Page 135 April 22, 2014 FINAL PLAT OF PONTE RIALTO, (APPLICATION NUMBER PL20130002029) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A4 FINAL PLAT OF INLAND PROPERTIES ONE (APPLICATION NUMBER PL20130002524) — LOCATED IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST Item #16A5 FINAL PLAT OF DEL WEBB NAPLES, PARCEL 102, PHASE 1 (APPLICATION NUMBER PL20130001940) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A6 FINAL PLAT OF MERIDIAN VILLAGE PHASE 2 (APPLICATION NUMBER FP-PL20130002338) — LOCATED IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST Page 136 April 22, 2014 Item #16A7 FINAL PLAT OF SENECA AT TALIS PARK, (APPLICATION NUMBER PL20130000311) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A8 RESOLUTION 2014-72: FINAL PLAT OF SANDALWOOD (APPLICATION NUMBER AR-8661) WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS TO ACCEPT THE PLAT DEDICATIONS AND TO RELEASE THE MAINTENANCE SECURITY IN THE AMOUNT OF $164,188.62, IN THE FORM OF A LETTER OF CREDIT Item #16A9 A WAIVER IN ACCORDANCE WITH THE GUIDELINES SET FORTH IN THE ADVANCE STREET NAME GUIDELINES POLICY AND RESOLUTION NO. 2012-114 FOR THE PLACEMENT OF ADVANCE STREET NAME GUIDE SIGNS ALONG IMMOKALEE ROAD AT THE APPROACHES TO QUARRY DRIVE/WOODCREST DRIVE Item #16A10 Page 137 April 22, 2014 A RELEASE OF LIEN WITH AN ACCRUED VALUE OF $67,562.47 FOR PAYMENT OF $1,512.47, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JOHN W. RODGERS JR., SPECIAL MAGISTRATE CASE NO. CEPM20110016125, RELATING TO PROPERTY LOCATED AT 5580 CYNTHIA LANE, COLLIER COUNTY, FLORIDA — THAT WAS BROUGHT INTO COMPLIANCE BY THE NEW OWNER ON JANUARY 27, 2014 Item #16A11 A RELEASE OF LIEN WITH AN ACCRUED VALUE OF $15,035.43 FOR PAYMENT OF $4,235,43, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. ABRAHAM & SWEENEY PA TR GRANT FAMILY LAND TRUST, SPECIAL MAGISTRATE CASE NO. CEPM20120006351 , RELATING TO PROPERTY LOCATED AT 15134 BROLIO LANE, COLLIER COUNTY, FLORIDA — THE PROPERTY WAS BROUGHT INTO COMPLIANCE BY THE COUNTY ON OCTOBER 29, 2012, AND THE NEW OWNER IS REQUESTING A WAIVER OF ACCRUED FINES Item #16Al2 A RELEASE OF LIEN WITH AN ACCRUED VALUE OF $102,212.38, FOR PAYMENT OF $1 ,662.38, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. CHINA PAVILION, INC., SPECIAL MAGISTRATE CASE NO. CEPM20120008709, RELATING TO PROPERTY LOCATED AT 5325 CORONADO PARKWAY, COLLIER COUNTY, FLORIDA — THE VIOLATION WAS Page 138 April 22, 2014 ABATED BY THE COUNTY ON JANUARY 10, 2014 AND NOW IN COMPLIANCE AND THE NEW OWNER HAS PAID THE COUNTY'S ABATEMENT COSTS Item #16A13 A RELEASE OF LIEN WITH AN ACCRUED VALUE OF $197, 112.56 FOR PAYMENT OF $2,112.56, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. ALLAN PERDOMO, SPECIAL MAGISTRATE CASE NO. CEPM20100017929, RELATING TO PROPERTY LOCATED AT 1990 50TH ST. SW, COLLIER COUNTY, FLORIDA — THE NEW OWNER ABATED THE VIOLATIONS ON MARCH 19, 2013 Item #16A14 A RELEASE OF LIEN WITH AN ACCRUED VALUE OF $71 ,867.87 FOR PAYMENT OF $2,000., IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. ALLAN PERDOMO, SPECIAL MAGISTRATE CASE NO. CESD20080010511 , RELATING TO PROPERTY LOCATED AT 1990 50TH ST. SW, COLLIER COUNTY, FLORIDA — THE NEW OWNER ABATED THE VIOLATIONS ON MARCH 25, 2013 Item #16A15 A RELEASE OF LIEN WITH AN ACCRUED VALUE OF $169,082.29 FOR PAYMENT OF $12,082.29, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. SADDLEBROOK APARTMENTS, LLC, Page 139 April 22, 2014 CODE ENFORCEMENT BOARD CASE NO. CEPM20120009999, RELATING TO PROPERTY LOCATED AT 8625 SADDLEBROOK CIRCLE, COLLIER COUNTY, FLORIDA — THE PROPERTY WAS BROUGHT INTO COMPLIANCE ON APRIL 2, 2014 AND NEW OWNER IS ACTIVELY MAINTAINING THE PROPERTY Item #16A16 RECOGNIZING ADDITIONAL FEDERAL TRANSIT ADMINISTRATION (FTA) TITLE 49 U.S.C. §5305(D) FUNDING TO THE COLLIER METROPOLITAN :PLANNING ORGANIZATION (MPO) AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS FOR GRANT REVENUE IN THE AMOUNT OF $128,419 AND A LOCAL MATCH IN THE AMOUNT OF $14,269 FOR THE MPO'S FISCAL YEAR 2014/15 FTA §5305 PROGRAM Item #16A17 AWARD ITB #14-6254 FOR THE TRAFFIC SIGNAL UPGRADE AT THE INTERSECTION OF AIRPORT-PULLING ROAD AND MERCANTILE BOULEVARD TO HIGHWAY SAFETY DEVICES, INC., IN THE AMOUNT OF $307,047.50 FOR PROJECT #60172 — FOR THE UPGRADE OF THE EXISTING SPAN WIRE TRAFFIC SIGNAL TO A STEEL MAST ARM ASSEMBLY Item #16A18 INCREASE THE ANNUAL EXPENDITURES FOR CONTRACT Page 140 April 22, 2014 #11-5677 "GROWTH MANAGEMENT DIVISION PLANNING AND REGULATION STAFFING" TO NOVA ENGINEERING AND ENVIRONMENTAL, LLC AND APPROVE A BUDGET AMENDMENT FROM FUND 113 TO PAY FOR THESE CONTRACTED SERVICES — KEEPING UP WITH THE DEMAND FOR BUILDING INSPECTIONS WITHIN AN ESTABLISHED DUE DATE Item #16A19 RESOLUTION 2014-73: A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $355,957 FOR THE CONSTRUCTION OF SIDEWALKS IN IMMOKALEE, AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENT AND A RESOLUTION AUTHORIZING EXECUTION OF THE LAP AGREEMENT (PROJECT #33329) Item #16A20 RESOLUTION 2014-74: A RESOLUTION SUPERSEDING RESOLUTION 2013-216, PROVIDING FOR UPDATES TO THE COLLIER COUNTY GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION FEE SCHEDULE WITH AN EFFECTIVE DATE OF JUNE 1, 2014, DECREASING FEES FOR BUILDING PERMIT DEVELOPMENT-RELATED APPLICATION, PROCESSING, REVIEW, AND INSPECTION FEES, AND SELECTED PLANNING AND ZONING REVIEW AND RELATED INSPECTION FEES Item #16A21 - Moved to Item 11F (Per Agenda Change Sheet) Page 141 April 22, 2014 Item #16B1 RESOLUTION 2014-75: THE BOARD OF COUNTY COMMISSIONERS (BCC) AS THE COMMUNITY REDEVELOPMENT AGENCY APPROVE SUBMITTAL OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO COLLIER COUNTY TO FUND THE BAYSHORE GATEWAY TRIANGLE CRA FIRE SUPPRESSION INFRASTRUCTURE SYSTEM UPGRADE PROJECT IN THE AMOUNT OF $375,000 Item #16C1 ACCESS AND UTILITY EASEMENT AGREEMENT WITH COLLIER LAND DEVELOPMENT, INC., FOR THE ACQUISITION OF AN ACCESS AND UTILITY EASEMENT TO ACCOMMODATE THE CONSTRUCTION OF A WASTEWATER FORCE MAIN, AND TO APPROVE REIMBURSEMENT FOR EXPENSES INCURRED FOR REVISIONS AND PERMITTING FEES TO THE PROPERTY OWNER'S WATER MAIN CIVIL ENGINEERING PLAN, FOR A TOTAL COST NOT TO EXCEED $15,000 (PROJECT NUMBER 70044) — FOLIO #00431440006 Item #16C2 ACCESS AND UTILITY EASEMENT AGREEMENT WITH MINTO SABAL BAY, LLC FOR THE ACQUISITION OF AN ACCESS AND UTILITY EASEMENT AT ITS APPRAISED VALUE TO ACCOMMODATE THE CONSTRUCTION OF A WASTEWATER FORCE MAIN, AND ACCEPT A RIGHT OF ENTRY AT NO COST THAT GIVES PERMISSION TO PERFORM CONSTRUCTION ACTIVITIES ON A PORTION OF Page 142 April 22, 2014 PROPERTY ADJACENT TO THE PROPOSED EASEMENT, AT A TOTAL COST NOT TO EXCEED $33,450 (PROJECT NUMBER 70044) — FOR THE FOLLOWING FOLIO'S: #52505030125, #52505030167, #52505030086 & 400431520609 Item #16C3 A WORK ORDER FOR $627,206 TO DOUGLAS N. HIGGINS, INC., UNDER REQUEST FOR QUOTATION 08-5011-114 FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR THE MASTER PUMP STATION 306 FORCE MAIN PHASE 1 PROJECT (PROJECT NUMBER 70044) — LOCATED NEAR U.S. 41 AND THOMASSON DRIVE Item #16C4 REJECT ALL BIDS RECEIVED FOR INVITATION TO BID #13- 6167 FOR GENERATOR MAINTENANCE, REPAIR AND INSTALLATION — STAFF TO REVISE THE BID SPECIFICATIONS TO INCLUDE THE ORANGETREE UTILITY GENERATOR AND REISSUE THE SOLICITATION Item #16D1 AMENDMENT NO. 1 TO THE SUBRECIPIENT AGREEMENT WITH THE CITY OF NAPLES PROVIDING A TIME EXTENSION FOR ITS COMMUNITY DEVELOPMENT BLOCK GRANT WHEELCHAIR ACCESSIBLE PLAY STRUCTURE PROJECT — EXTENDING THE COMPLETION DATE FROM MAY 31, 2014 TO JULY 31 , 2014 DUE TO DELAYS IN COMPLETING THE ENVIRONMENTAL REVIEW FOR THE PROJECT Page 143 April 22, 2014 Item #16D2 — Continued to the May 13, 2014 (Per Agenda Change Sheet) A SECOND AMENDMENT TO THE HOME INVESTMENT PARTNERSHIP PROGRAM SUBRECIPIENT AGREEMENT WITH COMMUNITY ASSISTED AND SUPPORTED LIVING, INC., FOR THE MULTI-FAMILY PROPERTY ACQUISITION PROJECT, PROVIDING FOR PROJECT UPDATES — EXTENDING THE END OF THE CONTRACT TO APRIL 30, 2015 Item #16D3 AN AMENDMENT TO THE FEDERAL TRANSIT ADMINISTRATION SECTION #5307 FY13 PROGRAM OF PROJECTS AND APPROVE A BUDGET AMENDMENT RECOGNIZING RECOVERY OF FUNDS IN THE AMOUNT OF $16,362 IN CONNECTION WITH BUS WRAP REMOVAL ON THREE COLLIER AREA TRANSIT (CAT) BUSES — RECEIVED FROM THE THREE BUSES THAT WERE WRAPPED BY GILLIG, LLC WITH THE IDENTICAL OR DECEPTIVELY SIMILAR TO TROLLEY ILLUSIONS Item #16D4 SUBSTANTIAL AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT FY2013-2014 ACTION PLAN REDIRECTING FUNDS FROM ST. MATTHEW'S HOUSE TO THE SHELTER FOR ABUSED WOMEN AND CHILDREN AND APPROVE A SUBRECIPIENT AGREEMENT IN THE AMOUNT OF $79,584 TO FUND SHELTER OPERATIONS — WHICH Page 144 April 22, 2014 REQUIRES A 100% MATCH WHIG WILL BE IN THE FORM OF CASH OR IN-KIND SERVICES TRACKED BY HHVS THROUGH MONTHLY PAY REQUEST FROM THE SUBRECIPIENT Item #16D5 PURCHASE OF AN ADA BEACH ACCESS WHEELCHAIR AND WILDLIFE PROOF TRASH/RECYCLING CONTAINERS AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — THIS PROJECT WAS APPROVED AT THE MARCH 24, 2014 TDC MEETING Item #16D6 AN AGREEMENT BETWEEN THE NATIONAL DOWN SYNDROME SOCIETY AND COLLIER COUNTY TO CONDUCT THE FIFTH ANNUAL BUDDY WALK AT NORTH COLLIER REGIONAL PARK ON OCTOBER 25, 2014 — WITH THE COUNTY (AS THE LICENSEE) WILL PAY NDSS A MINIMUM OF 7% OF THE NET PROFITS AND IF NO PROFIT IS MADE THE COUNTY WILL PAY NDSS $100 WITHIN 120 CALENDAR DAYS OF THE EVENT Item #16D7 THE FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT WITH HABITAT FOR HUMANITY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FAITH LANDING INFRASTRUCTURE PROJECT TO CLARIFY THE PROJECT SCOPE AND REPORTING REQUIREMENTS — EXTENDING THE EFFECTIVE DATE FROM DECEMBER Page 145 April 22, 2014 31,2018 TO DECEMBER 31, 2019 FOR COMPLIANCE WITH CONTINUED USE CERTIFICATION Item #16D8 AUTHORIZING PAYMENT OF A $1 ,790.21 INVOICE FOR THE PUBLIC'S USE OF SOVEREIGNTY SUBMERGED LANDS AT CAXAMBAS BOAT PARK, APPROVE SUBMITTAL OF THE 2013/2014 FLORIDA ANNUAL WETSLIP REVENUE REPORT TO THE FLORIDA DEPARTMENT OF PROTECTION AND AUTHORIZE THE CHAIRMAN TO SIGN THE REVENUE REPORT CERTIFICATION — FOR THE LEASE OF SOVEREIGNTY SUBMERGED LANDS RENEWAL WHICH IS DUE EXPIRE ON APRIL 6, 2018 Item #16D9 A BUDGET AMENDMENT, IN THE AMOUNT OF $116,300, TO FUND THE SOUTH MARCO RESTROOM REPLACEMENT AND TO MAKE A FINDING THAT THE PROJECT EXPENDITURE PROMOTES TOURISM — THAT INCLUDES REMOVING THE EXISTING PREFABRICATED RESTROOM, INSTALLING A NEW PREFABRICATED RESTROOM, IRRIGATION, UTILITY AND ELECTRICAL RE- CONNECTIONS, NEW CONCRETE, AND SIGNAGE Item #16D10 A BUDGET AMENDMENT IN THE AMOUNT OF $85,500, TO FUND THE CLAM PASS PARK TRAM STATION REPLACEMENT AND TO MAKE A FINDING THAT THE EXPENDITURE PROMOTES TOURISM — INCLUDING THE Page 146 April 22, 2014 TURNAROUND PAVING, SITE WORK AND ASSOCIATED PLANTINGS AND LANDSCAPING Item #16D11 AN AMENDMENT AND AN ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR CHOICES OF SOUTHWEST FLORIDA FOR THE ALZHEIMER'S DISEASE INITIATIVE PROGRAM TO ENSURE CONTINUOUS FUNDING FOR FY 2013/2014 Item #16D12 AN AMENDMENT TO THE FY 2013-2014 STATE AID TO LIBRARIES GRANT AGREEMENT TO MEET DELIVERABLES REQUIREMENTS AS REQUIRED BY THE STATE — REQUIRING THAT AT LEAST ONE LIBRARY BE OPEN 40 HOURS WEEKLY OR MORE Item #16D13 RESOLUTION 2014-76: A RESOLUTION CONSENTING TO THE TRANSFER OF AN AFFORDABLE HOUSING MULTIFAMILY DEVELOPMENT KNOWN AS SADDLEBROOK VILLAGE APARTMENTS LOCATED ON DAVIS BOULEVARD AND APPROVING AN ASSIGNMENT AND ASSUMPTION OF THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AND A TERMINATION OF THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ON MARCH 24, 2015, THE DATE UPON WHICH THE FIFTEEN YEAR AFFORDABILITY PERIOD EXPIRES Page 147 April 22, 2014 Item #16D14 REJECT THE ONLY PROPOSAL RECEIVED FOR REQUEST FOR PROPOSAL #14-6202 MUSEUM BUS TOURS FOR THE MUSEUMS — WHICH WILL OFFER GUIDED BUS TOURS OF THE COUNTY'S MUSEUM FACILITIES AND OTHER HISTORICAL POINTS OF INTEREST Item #16E1 AWARD INVITATION TO BID (ITB) #14-6200 FOR THE SUPPLY AND INSTALLATION OF RAISED FLOORING TO FACILITATE THE INSTALLATION OF TECHNOLOGY UPGRADES IN THE COURTHOUSE COURTROOMS, IN THE AMOUNT OF $92,817, TO EZ-AXEZ, LLC; AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT — FOR EIGHT COURTROOMS THAT WILL BE RECEIVING WIRING AND TECHNOLOGY IMPROVEMENTS Item #16E2 RESOLUTION 2014-77: A RESOLUTION AUTHORIZING THE CHAIRMAN TO EXECUTE DEED CERTIFICATES FOR THE SALE OF BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DURING THE 2014 CALENDAR YEAR Item #16E3 RESOLUTION 2014-78: ACCEPT THE REPORT CONCERNING THE SALE, DONATION OF ITEMS, AND DISBURSEMENT OF FUNDS ASSOCIATED WITH THE COUNTY SURPLUS Page 148 April 22, 2014 AUCTION HELD ON MARCH 29, 2014, AND A RESOLUTION AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO PERFORM THE MINISTERIAL FUNCTION OF EXECUTING CERTIFICATES OF TITLE FOR COUNTY-OWNED VEHICLES SOLD OR SET FOR SALE AT FUTURE AUCTIONS, DONATIONS OR TRADE-INS Item #16E4 ADDITIONS, DELETIONS, AND RECLASSIFICATIONS TO THE 2014 FISCAL YEAR PAY AND C]LASSIFICATION PLAN MADE FROM JANUARY 1, 2014 THROUGH MARCH 31, 2014 Item #16E5 AN AGREEMENT WITH EDISON STATE COLLEGE AND MEDICAL CAREER INSTITUTE TO PROVIDE EMS DEPARTMENT SUPERVISED SKILL TRAINING AND INTERNSHIP EXPERIENCE TO STUDENTS ENROLLED IN EMERGENCY MEDICAL SERVICES TECHNOLOGY PROGRAMS — THE AGREEMENT IS EFFECTIVE FOR ONE YEAR WITH 3 ONE YEAR ADDITIONAL TERMS Item #16E6 A LEASE AGREEMENT WITH EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT FOR EMS DEPARTMENT'S USE OF STATION 20 — WHICH WILL INCLUDE SPACE FOR ONE APPARATUS BAY, 2 BUNK BEDS AND A SHARED SPACE CONSISTING OF A KITCHEN, OFFICE AREA, DAY ROOM, MALE & FEMALE RESTROOMS W/SHOWER FACILITIES AND FITNESS AREA Page 149 April 22, 2014 Item #16E7 A LEASE AGREEMENT WITH HEALTH MANAGEMENT ASSOCIATES (HMA) FOR EMS DEPARTMENT'S USE OF SPACE AT PHYSICIANS REGIONAL :MEDICAL CENTER ON COLLIER BLVD — WHICH WILL INCLUDE ONE APPARATUS BAY, TWO BUNK ROOMS, ONE BATHROOM, ONE VESTIBULE AREA, ONE OFFICE ROOM, AND ONE KITCHEN AREA, CONSISTING OF 616 SQUARE FEET Item #16F1 THE COMPLETED ALTERNATIVE WATER AND SEWER IMPACT FEE CALCULATION AND APPROVE A REIMBURSEMENT OF WATER AND SEWER IMPACT FEES IN THE AMOUNT OF $76,457.50 TO RANDALL BENDERSON TRUST AS A RESULT OF THE ALTERNATIVE IMPACT FEE CALCULATION Item #16F2 RESOLUTION 2014-79: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2013-14 ADOPTED BUDGET Item #16H1 RESOLUTION 2014-80: REAPPOINT TWO MEMBERS TO THE TOURIST DEVELOPMENT COUNCIL — RE-APPOINTING EDWARD OLESKY AND SUSAN BECKER WITH TERMS TO EXPIRE ON APRIL 21, 2018 Page 150 April 22, 2014 Item #16H2 RESOLUTION 2014-81 : REAPPOINT ONE MEMBER TO THE FOREST LAKES ROADWAY AND DRAINAGE ADVISORY COMMITTEE — REAPPOINTING RICHARD BARRY WITH TERMS EXPIRING ON APRIL21 , 2018 Item #16H3 AN INTERLOCAL AGREEMENT AND A LEASE AGREEMENT WITH THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT (NNFD) ADDRESSING COORDINATION BETWEEN THE COUNTY AND THE NNFD REGARDING FIRE PLANS REVIEW AND PROVIDING THE DISTRICT WITH WORK SPACE FOR ITS FIRE PLANS REVIEW STAFF IN THE GROWTH MANAGEMENT DIVISION'S OFFICES (COMMISSIONER HENNING) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16H4 AN INTERLOCAL AGREEMENT (ILA) WITH GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT (GGFD) PROVIDING THAT THE COUNTY ASSUME FIRE PLANS REVIEW DUTIES ON BEHALF OF ENFD GGFD (Per Agenda Change Sheet) AND THE COUNTY'S DEPENDENT FIRE DISTRICTS, INCLUDING ISLES OF CAPRI, OCHOPEE AND COLLIER FIRE DISTRICT ONE, AND AUTHORIZING THE ENFD FIRE CHIEF OR HIS DESIGNEE TO ACT AS THE APPROVING AUTHORITY OVER FIRE PLANS REVIEW FOR THE COUNTY'S DEPENDENT FIRE DISTRICTS (COMMISSIONER HENNING) - AS DETAILED IN THE EXECUTIVE SUMMARY Page 151 April 22, 2014 Item #16H5 AN INTERLOCAL AGREEMENT (ILA) WITH EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT (ENFD) PROVIDING THAT THE COUNTY ASSUME FIRE PLANS REVIEW DUTIES ON BEHALF OF ENFD AND THE COUNTY'S DEPENDENT FIRE DISTRICTS, INCLUDING ISLES OF CAPRI, OCHOPEE AND COLLIER FIRE DISTRICT ONE, AND AUTHORIZING THE ENFD FIRE CHIEF OR HIS DESIGNEE TO ACT AS THE APPROVING AUTHORITY OVER FIRE PLANS REVIEW FOR THE COUNTY'S DEPENDENT FIRE DISTRICTS (COMMISSIONER HENNING) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16J1 THE INVESTMENT UPDATE REPORT FOR THE QUARTER ENDED MARCH 31 , 2014 Item #16J2 EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF APRIL 3, 2014 THROUGH APRIL 9, 2014 Item #16J3 EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF APRIL 10, 2014 THROUGH APRIL 16, 2014 Item #16K1 Page 152 April 22, 2014 THE COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST GILBERT HIPPOLITE IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER DAMAGES INCURRED BY THE COUNTY FOR THE REPAIR OF A COUNTY OWNED MESSAGE BOARD IN THE AMOUNT OF $16,572.85, PLUS COSTS OF LITIGATION — FOR A VEHICLE ACCIDENT THAT OCCURRED ON AUGUST 12, 2013 Item #16K2 A STIPULATED FINAL JUDGMENT AS TO PUBLIX'S INTEREST IN PARCELS 113FEE AND 113TCE AS PART OF THE US-41 / COLLIER BOULEVARD INTERSECTION IMPROVEMENT PROJECT (PROJECT NO. 60116) FISCAL IMPACT: $4,768 — AS PUBLIX IS THE HOLDER OF A RECIPROCAL ACCESS EASEMENT Item #16K3 THE EXPENDITURE OF UP TO $3,000 FOR MEDIATION SERVICES FOR COURT ORDERED MEDIATION IN THE MATTER OF COLLIER COUNTY AND TED SMALLWOOD'S STORE, INC. V. FLORIDA GEORGIA GROVE LLP (CASE NO. 11-1640-CA) — REQUIRED TO TAKE PLACE ON OR BEFORE MAY 2, 2014 Item #16K4 AN AFTER-THE-FACT AGREEMENT WITH ST. MATTHEW'S HOUSE FOR CATERING SERVICES AT THE 2014 RSVP Page 153 April 22, 2014 VOLUNTEER APPRECIATION LUNCHEON HELD ON MARCH 20, 2014 — WHICH INCLUDED A HOUSE SALAD, LEMON- THYME GRILLED CHICKEN BREAST, ROASTED POTATOES, SAUTEED GREEN BEANS OR PASTA ALFREDO WITH A VEGETABLE MIX, ROLL AND KEY LIME CHEESECAKE W/FRESH BERRY GARNISH AND CHOCOLATE DRIZZLE Item #17A RESOLUTION 2014-82: PETITION VAC-PL20130002593 TO VACATE A PORTION OF THE 25-FOOT DRAINAGE EASEMENT BEING A PART OF LOT 2, NATURE POINTE, AS RECORDED IN PLAT BOOK 20, PAGES 20 THROUGH 22, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A Item #17B ORDINANCE 2014-16: AN ORDINANCE 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 MOBILE HOME (MH) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 44 RESIDENTIAL DWELLING UNITS FOR A PROJECT TO Page 154 April 22, 2014 BE KNOWN AS THE DOCKSIDE PLANNED UNIT DEVELOPMENT. THE SUBJECT PROPERTY IS LOCATED EAST OF COLLIER BOULEVARD (CR 951) ON HENDERSON CREEK DRIVE IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 6.0+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE (PUDZ- PL20130001163) Item #17C RESOLUTION 2014-83: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2013-14 ADOPTED BUDGET Item #17D ORDINANCE 2014-17: AN ORDINANCE PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE POTABLE WATER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT TO AMEND POLICY 1 .7 TO REFERENCE THE UPDATED TEN YEAR WATER SUPPLY FACILITIES WORK PLAN, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (CPSP-2013-7) ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:40 p.m. Page 155 April 22, 2014 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL /! /' y%` - TOM HENNING, ,.AIRMAN ATTEST DWIGHT E. BROCK, CLERK Attest as to Clia:i mart signature only These minutes approved by the Board on 5 3 , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 156