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BCC Minutes 09/23/2014 R BCC REGULAR MEETING MINUTES September 23 , 2014 September 23, 2014 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 23, 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 the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Chairman: Tom Henning Tim Nance Donna Fiala Fred Coyle Georgia Hiller ALSO PRESENT: Leo E. Ochs, Jr., County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Finance Director Tim Durham, Executive Manager of Business Operations Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority °r*4*l " AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 September 23, 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 - Community & Economic Dev. Chair 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 September 23,2014 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DEPARTMENT. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Jim Thomas - East Naples United Methodist Church 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 agenda.) B. July 8, 2014 - BCC/Regular Meeting C. September 4, 2014 - BCC/Budget Hearing 3. SERVICE AWARDS — EMPLOYEE A. 20 Year Attendees Page 2 September 23, 2014 1) Gonzalo Blanco-Road Maintenance 2) Patricia Dixon-EMS 3) Jonathan Harraden-EMS 4) Mike Ossorio-Building Review & Permitting 5) Eva Weeks-EMS, Michele Williamson-EMS B. 25 Year Attendees 1) Irving Baez-Park & Recreation 2) Jim Foster-Public Utilities Engineering 3) George Yilmaz-Public Utilities Administration C. Retirees 1) Millie Kelley - Wastewater (33 years of service) 2) Zeb Harris-Parks and Recreation (24 years of service) 3) Eva Weeks-EMS (20 years of service) 4) David Perry - Pollution Control (13 years of service) 4. PROCLAMATIONS A. Proclamation to declare the fourth Thursday of September "Remember Me Thursday" in Collier County, in remembrance of the millions of pets that lost their lives without the benefit of a loving home. To be accepted by Darcy Andrade, Kellie Carroll, Kathy Drew, Tammy Wolny, Kyra Lynch, and Geri Lynn Waterbury from Domestic Animal Services. Sponsored by the Board of County Commissioners. B. Proclamation recognizing the Rookery Bay National Estuarine Research Reserve and designating September 27th as National Estuaries Day in Collier County. To be accepted by Brooke Carney representing the Rookery Page 3 September 23, 2014 Bay National Estuarine Research Reserve. Sponsored by Commissioner Fiala. 5. PRESENTATIONS A. Recommendation to recognize Sean McNichols EMT II, EMS, as the Employee of the Month for August 2014. B. Presentation by Dan A. Hughes Company regarding drilling operations at the Collier Hogan well-site. 6. PUBLIC PETITIONS A. Public Petition request from Robert Wallace requesting a moratorium on development in excess of LDC 6.05.01F and using driven pilings. B. Public Petition request from David Bolduc requesting that the Board of County Commissioners place an item on a future agenda to discuss the creation of a public bank. 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 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Item 9 to be heard no sooner than 1:30 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to authorize the County Attorney to advertise for future consideration an ordinance amending Ordinance No. 2012-23, which established the Collier County Public Safety Authority. (Commissioner Henning) Page 4 September 23, 2014 B. Recommendation that the Board direct the County Manager review and propose revisions to the county's investment policy given the current economic climate and changes in state law which have occurred since 2002; that the County Attorney review County Ordinance 87-65 and Resolution 95-552 (as amended in 2002), and staff's recommended investment policy modifications to ensure compliance with Fla. Stat. 218.415 and applicable local law, such as the County's Purchasing Ordinance; and, that the County Manager and County Attorney jointly review the Clerk's operational rules governing deposits and investments of county funds to ensure consistency with the Board's safekeeping and investment plans and policies, and, local and state law. That the updated investment policy be brought to the board for approval at the first board meeting in October. (Commissioner Hiller) C. Recommendation for the Board of County Commissioners to accept into the official record the attached banking services documents. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT A. This item continued from the September 9, 2014 BCC Meeting. Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mills of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. (Michelle Arnold, Alternative Transportation Modes Director) B. Recommendation to complete the Annual Performance Appraisal for the County Manager. (Leo E. Ochs, Jr., County Manager) C. Recommendation that the Board of County Commissioners extend the County Manager Employment Agreement with Leo E. Ochs, Jr., fixing the end date of the second extension term as September 30, 2017. (Leo E. Ochs, Jr., County Manager) 12. COUNTY ATTORNEY'S REPORT A. Recommendation to approve a Mediated Settlement Agreement for the payment of a global settlement of$3,145,000 for the taking of Parcel 120FEE in the case styled Collier County v. New Plan Florida Holdings, LLC for the improvements to the intersection of Collier Boulevard (C.R. Page 5 September 23, 2014 951) and US 41 (Project No. 60116). (Fiscal Impact: $2,041,170) B. Request that the Board of County Commissioners provide direction to the County Attorney as to whether to intervene in litigation with the Florida Department of Environmental Protection ("FDEP") against the Dan A. Hughes Company, L.P., based on Hughes Company's ("Hughes Company") unauthorized acid fracking activities in Collier County. C. The Annual Performance Appraisal for the County Attorney. D. Recommendation that the Board of County Commissioners extends the County Attorney Employment Agreement to September 30, 2017. 13. OTHER CONSTITUTIONAL OFFICERS A. Recommend the Board of County Commissioners (Board) approve the attached newly proposed three party agreement for Banking Services between the Clerk, the Board and First Florida Integrity Bank and acknowledge any waivers of the Board's Purchasing Policy as the solicitation was made in accordance with the Clerk's purchasing policy. 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 September 23, 2014 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve an Easement Use Agreement between Collier County and the property owner for portions of Lots 3 and 4, Block C, Kensington Park Phase One, which plat was approved by the Board of County Commissioners on February 23, 1993, and recorded at Plat Book 21, Pages 62 through 67. 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 minor final plat of Vercelli Replat, Application Number PL20140001449. 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 a Resolution for final acceptance of the roadway and drainage improvements, and acceptance of the plat dedications, for the final plats of Madison Park Phase One (AR-5760) and Madison Park Phase Two (AR-6003) authorize release of the maintenance securities for the plats in the amount of$63,933 and $296,045.65, respectively and authorize the Chairman to execute a standard Collier County Landscape Maintenance Agreement between Collier County and the Madison Park Homeowner's Association relating to roadways within the subject plats. 4) Recommendation to approve a revised version of the Memorandum of Agreement between Collier County and the Big Cypress National Preserve (in place of an earlier Board approved version) detailing the terms of a combined effort designed to restore a more natural surface water flow pattern to a section of the Turner River. 5) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 152RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. Project No. 60040 (Fiscal Impact: $10,521). Page 7 September 23, 2014 6) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 241RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. (Project No. 60040) (Fiscal Impact: $2,977). 7) Recommendation to approve the selection committee rankings and authorize staff to enter into contract negotiations with the number one ranked firm, Allied Engineering & Testing for RFP No. 14-6319 "Materials Verification Testing Services for Collier Boulevard & Green Boulevard," for Project #68056. 8) Recommendation to adopt a Resolution amending Resolution 2010- 29, relating to the Stewardship Sending Area with a designation as "Sunniland Family SSA 12"; approving the extension of certain dates to February 9, 2018 in the Stewardship Sending Area credit agreement for Sunniland Family SSA 12 and the Escrow agreement for Sunniland Family SSA 12. 9) Recommendation to adopt a Resolution amending Resolution 2013- 199, which amended Resolution 2008-331, relating to the Stewardship Sending Area with a designation as "CLH SSA 14"; approving the extension of certain dates to November 18, 2017 in the Stewardship Sending Area credit agreement for CLH SSA 14 and the Escrow agreement for CLH SSA 14. 10) Recommendation to adopt a Resolution amending Resolution 2013- 200, which amended Resolution 2008-329, relating to the Stewardship Sending Area with a designation as "CLH and CDC SSA 15"; approving the extension of certain dates to November 18, 2017 in the Stewardship Sending Area credit agreement for CLH and CDC SSA 15 and the Escrow agreement for CLH and CDC SSA 15. 11) Recommendation to adopt a Resolution amending Resolution 2013- 201, which amended Resolution 2008-330, relating to the Stewardship Sending Area with a designation as "CDC SSA 16"; approving the extension of certain dates to November 18, 2017 in the Stewardship Sending Area credit agreement for CDC SSA 16 and the Escrow agreement for CDC SSA 16. Page 8 September 23, 2014 12) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 235RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. Project No. 60040 (Fiscal Impact: $3,527). 13) 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 a clarification on the applicability of Resolution 2014-155, which placed a stay on Development Orders for Service Stations with more than eight fuel pumps when the proposed facility is adjacent to Residential Property. 14) Recommendation to award Invitation to Bid (ITB) #14-6336, "Roadway Sign Installation and Replacement," to Municipal Supply and Sign Company for signage maintenance. 15) Recommendation to approve a Resolution authorizing the County Manager to designate an official to provide signature authority on behalf of the County for Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE) grant applications submitted through the federal GrantSolutions online grant management system. 16) Recommendation to approve the release of a Code Enforcement Lien with an accrued value of$259,082 for payment of$532, in the Code Enforcement action entitled Board of County Commissioners v. Jesus Jaime and Maria Martinez, Code Enforcement Board Case No. CELU20120008659, relating to property located at 3014 Everglades Boulevard S., Collier County, Florida. 17) Recommendation to approve the release of a Code Enforcement Lien with an accrued value of$431,864.18, for payment of$714.18, in the Code Enforcement action entitled Board of County Commissioners v. Jeffrey A. Macasevich, Code Enforcement Board Case No. 2006100314, relating to property located at 4469 Lakewood Boulevard, Collier County, Florida. Page 9 September 23, 2014 18) Recommendation to approve the release of a Code Enforcement Lien with an accrued value of$27,438.46, for payment of$1,888.46, in the Code Enforcement action entitled Board of County Commissioners v. Camil Camili, Special Magistrate Case No. CEPM20130002097, relating to property located at 1353 Briarwood Court, Collier County, Florida. 19) Recommendation to approve the release of a Code Enforcement Lien with a net accrued value of$64,579.84 for payment of$679.28, in the Code Enforcement action entitled Board of County Commissioners vs. Walter David Crawford, Special Magistrate Case No. CEPM20140000371, relating to property located at 270 Sugar Loaf Lane, Collier County, Florida. 20) Recommendation to approve the release of a Code Enforcement Lien with an accrued value of$33,112.38, for payment of$562.38, in the Code Enforcement action entitled Board of County Commissioners v. Daniel W. Sasaki and Julie B. Carlin-Sasaki, Special Magistrate Case No. CEPM20130000199, relating to property located at 16540 Cellini Lane, Collier County, Florida. 21) Recommendation to approve the release of a Code Enforcement Lien with an accrued value of$9,119.77, for payment of$1,119.77, in the Code Enforcement action entitled Board of County Commissioners v. William Hilderbrand and Sandra Leonard, Special Magistrate Case No. CEPM20100019517, relating to property located at 717 Crossfield Circle, Collier County, Florida. 22) Recommendation to approve the release of a Code Enforcement Lien with a present accrued value of$54,550, for payment of$450, in the Code Enforcement action entitled Board of County Commissioners v. Taylor Bean and Whitaker Mortgage Corp., Special Magistrate Case No. CEPM20120012329, relating to property located at 717 Crossfield Circle, Collier County, Florida. 23) Recommendation to approve the release of a Code Enforcement Lien with a net accrued value of$179,316.44, for payment of$531.15, in the Code Enforcement action entitled Board of County Commissioners v. Jennifer Carolyn Samuels, Code Enforcement Board Case No. CESD20090000661, relating to property located at Page 10 September 23, 2014 4320 14th St. NE, Collier County, Florida. 24) Recommendation to approve the release of a Code eEnforcement Lien with an accrued value of$11,622.86, for payment of$1,272.86, in the Code Enforcement action entitled Board of County Commissioners v. Joseph and Maria Ranghelli, Code Enforcement Board Case No. CEPM20100007867, relating to property located at 11169 Longshore Way W., Collier County, Florida. 25) Recommendation to approve the release of a Code Enforcement Lien with an accrued value of$11,745.57, for payment of$5,000, in the Code Enforcement action entitled Board of County Commissioners v. Leon D. and Joan McCaskey, Code Enforcement Board Case No. CEVR20110014528, relating to property located at 1335 Center Lane, Collier County, Florida 26) Recommendation to approve proposed revisions to the Right-of-Way Permit forms for temporary, special event directional signs, and to approve a resolution updating the Right-of-Way Permitting Fee Schedule Resolution to reflect the related $75 fee. 27) Recommendation to remove 42 Adopt-a-Road sponsors from the Adopt-a-Road Program to provide opportunities for new sponsors. 28) Recommendation to approve and authorize the Chairman to sign a Collier County Landscape Maintenance Agreement (Agreement) between Collier County and the Royal Wood Master Association, Inc. for a landscape planting along Santa Barbara Boulevard and reduce the permitting fees from $2,000 for a commercial large residential development to $200 for a residential landscaping site. 29) Recommendation to authorize budget amendments to recognize revenue for projects within the Transportation Capital Funds in the amount of$86,599.18. 30) Recommendation to authorize the Director of Transportation Engineering to execute Standard Zero-Dollar Construction Agreements with the State of Florida Department of Transportation acting as the Construction Coordinator for Collier County to ensure that all improvements constructed through the FDOT permitting Page 11 September 23, 2014 process within the State right-of-way comply with FDOT standards and conditions. 31) Recommendation to approve revisions to the Palm River Park agreement with Wallace Homes of Southwest Florida, Inc., the Palm River Homeowners and Civic Association, and Collier County (Project Number #60184). 32) Recommendation to award a construction contract in the amount of $305,000 to Bonness Inc., for (ITB) Bid No. 14-6315 "Palm River Park" for construction of sidewalk and landscape improvements (Project #60184). 33) Recommendation to approve and execute Interlocal Agreements with the City of Marco Island and City of Naples and authorize the disposition of traffic operation equipment to those cities per Board Agreements previously executed with the Florida Department of Transportation. 34) Recommendation to approve proposed revisions to the Construction Standards Handbook for Work Within the Public Right-of-Way, relating to performance bonds for improvements in the public rights- of-way, and certain cosmetic revisions, and to allow staff to further amend the Handbook for future Board consideration. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC), in its capacity as the Collier County Community Redevelopment Agency (CRA), authorize its Chairman to notify the United States Department of Agriculture (USDA) of its termination of the Rural Business Enterprise Grant (RBEG) agreement valued at $35,000 for a feasibility study for the Immokalee Business Development Center (IBDC) which is no longer operated by the CRA. Approval of this item will allow local CRA funds (Fund 186) in the amount of $2,528.79 to be used to pay the total project expenditure in lieu of using USDA grant funds. 2) Recommendation that the Collier County Board of County Commissioners (BCC), as the Community Redevelopment Agency Page 12 September 23,2014 (CRA), approve a budget amendment reflecting a budget increase in the amount of$633,739.04 related to the previously approved Disaster Recovery Enhancement Funds (DREF) grant agreement between the BCC and the Immokalee CRA. C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve the selection committee rankings and authorize staff to proceed to the next step in the selection process for Request for Proposal No. 14-6287, Design and Related Services for Deep Injection Wells, Project Number #70104. 2) Recommendation to award Bid #14-6260, "Hazardous Materials Management Contractor," to E.Q. Florida, Inc. 3) Recommendation to approve a Utility Work Agreement with the Florida Department of Transportation (FDOT) to locate, protect, and adjust if necessary Collier County Water-Sewer District (CCWSD) utilities in conjunction with an FDOT project to resurface and replace signal mast arms along State Route 84 (Davis Boulevard) between Airport-Pulling Road and Heritage Trail; and approve an FDOT standard form resolution authorizing the Chairman of the Board of County Commissioners to execute the agreement. 4) Recommendation to approve the annual rate resolution to establish the fees, rates, and charges for the use of Collier County Solid Waste Facilities, including landfill tipping fees, recycling drop-off center fees and residential multi-family and commercial waste collection fees for FY15. This resolution adopts the rates that fund the FY15 budget for solid waste collection and disposal. D. PUBLIC SERVICES DIVISION 1) Recommendation to authorize a budget amendment for the U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2014-15 in the amount of$2,945,603 budget entitlements as approved in the HUD Annual Action Plan and approve the standard HUD entitlement agreements upon arrival; approve eight substantial amendments and nine subrecipient agreements associated with the FY 2014-15 Action Plan, and one agreement amendment to the FY 2013- Page 13 September 23, 2014 14 HUD Annual Action Plan; all for the Community Development Block Grant, HOME Investment Partnership and Emergency Solution Grant programs. 2) Recommendation to approve a release acknowledging completion of the requirements set forth in the "Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property" for the Bear Creek Apartments. 3) Recommendation to accept and ratify fee waivers granted by the Director of Domestic Animal Services for the period of February 1, 2014 through July 31, 2014 in accordance with the process established by Resolution No. 2014-29. 4) Recommendation to authorize the removal of uncollectible receivables in the amount of$39,346.05 from the financial records of the Parks and Recreation Department in accordance with Resolution 2006-252 and authorize the Chair to execute attached Resolution. 5) Recommendation to approve three mortgage satisfactions for State Housing Initiatives Partnership Program loans in the combined amount of$62,500. 6) Recommendation to approve a satisfaction of mortgage for the State Housing Initiatives Partnership Program, accepting $1,637.10 to satisfy the SHIP mortgage in accordance with the Board's Short Sale Policy. 7) Recommendation to approve a State Housing Initiatives Partnership Program satisfaction and release of lien in the amount of$5,793.82 for an owner occupied affordable housing dwelling unit where obligation has been repaid in full. 8) Recommendation to authorize a budget amendment recognizing $21,758.51 in program income revenue generated by affordable rental properties acquired under the Neighborhood Stabilization Program NSP1. 9) Recommendation to approve the Declaration of Restrictive Covenants for the Immokalee South Park project as part of the Community Page 14 September 23, 2014 Development Block Grant program requirements. 10) Recommendation to approve after-the-fact electronic submittal of Senior Corps Retired and Senior Volunteer Program grant application for FY14-15 to the Corporation for National and Community Service and approve a budget amendment prior to the execution of funding award. 11) Recommendation to approve state-required Amendment No. 1 to Subrecipient Agreements with David Lawrence Mental Health Center, Inc., NAMI of Collier County, Inc. and the Collier County Sheriff's Office adding provisions for proper accountability of state resources and a property clause for the purchase of tangible personal property. 12) Recommendation to approve a Subordination of an Affordable Housing Density Bonus Lien to allow for a refinancing of first mortgage. 13) Recommendation to approve a five-year update of the Final Management Plan for the Conservation Collier Nancy Payton Preserve. 14) Recommendation to approve two mortgage satisfactions for the State Housing Initiatives Partnership Program loan in the combined amount of$27,485. 15) Recommendation to approve an after-the-fact amendment and attestation statement with Area Agency on Aging for Southwest Florida, Inc. for the Older Americans Act Program Title III to reflect an increase in grant funding. (Net Fiscal Impact $7,333) 16) Recommendation to approve after-the-fact contracts, attestation statements, and budget amendments to reflect actual award of the Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly grants from Area Agency on Aging for Southwest Florida, Inc. (Net Fiscal Impact -$41,005) 17) Recommendation for after-the-fact approval of an electronic submittal of the Senior Corps Retired and Senior Volunteer Program 2015-2018 Competition grant application to the Corporation for National and Page 15 September 23, 2014 Community Service. 18) Recommendation to approve an agreement in the amount of$107,283 with the Agency for Health Care Administration and an agreement with Collier Health Services to participate in the Medicaid Low Income Pool Program, generating $158,007 in Federal matching funds that will provide additional health services for the citizens of Collier County. 19) Recommendation to award Request for Proposals No. 14-6277 "Museum Facility Event Coordinator" to Cater Masters, Inc. 20) This item continued from the September 9, 2013 meeting. Recommendation to award Invitation to Bid (ITB) No.14-6278RR for "Aquatic Maintenance Support Services" to Tri-City Pools, Inc., to provide preventive as well as on-call maintenance and repair support for County-owned and operated aquatic facilities. Estimated annual fiscal impact is approximately $80,000. 21) This item continued from the September 9, 2013 meeting. Recommendation to approve two Modifications to Disaster Recovery Grant Agreements for disaster relief and long term recovery or mitigation with the Florida Department of Economic Opportunity, and approve two associated subrecipient agreement amendments. 22) Recommendation to approve First Amendment to Agreement with the Collier County Housing Authority, Inc. for the Community Development Block Grant Electrical Replacement Project to extend the completion date, and update language throughout amendment to satisfy local and federal compliance requirements. 23) Recommendation to approve four agreements to allow participation in Low Income Pool program; two between the County and Agency for Health Care Administration, and one each between the County and Naples Community Hospital and County and Physicians Regional Hospital. The County's total financial commitment is up to $2,400,300. 24) Recommendation to concur with the selection of Ms. Stephanie Vick as the new Collier County Health Administrator. Page 16 September 23, 2014 E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve and authorize the Chair to execute the Third Amendment to the Agreement for Medical Examiner Services (Contract No. 11-5776 Medical Examiner) which will extend the term of the Agreement to September 30, 2015. 2) Recommendation to affirm and clarify the award of ITB #13-6166, "Electrical Contractors" to E.B. Simmonds Electrical of Naples, Inc., Hart's Electrical, Inc., and Technical Management Associates, for on- call electrical services consistent with the previously approved contract documents. 3) Recommendation to self-fund the Group Dental Insurance program and amend Agreement#11-5729, "Third Party Administrator for Health Benefits" with Allegiance Benefit Plan Management, Inc. to provide claims administration services for a two year period effective January 1, 2015, at an estimated annual cost of$58,509. 4) Recommendation to approve the purchase of Liability, Automobile, Workers Compensation, Aircraft, Airport and other insurance coverage for FY 2015 in the annual amount of$968,081.22, a reduction of 7.98% or $83,975.52. 5) Recommendation to approve the purchase of Flood Insurance for Fiscal Year 2015 in the estimated amount of$347,100. 6) Recommendation to approve and adopt a Resolution approving the Pay and Classification Plans for the County Manager's Agency and County Attorney's Office effective October 1, 2014; providing for a general wage adjustment of up to a $1,000 allowing for marginal differences for hourly rates due to system rounding or 2% increase to base pay, whichever is greater, effective on October 4, 2014; and to approve the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed Pay and Classification Plans, from July 1, 2014 forward, using the existing "Archer" point-factor job evaluation system. 7) Recommendation to approve and execute a United States Department Page 17 September 23, 2014 of the Interior National Park Service Big Cypress National Preserve Special Use Permit for a one-year lease extension for the Carnstown Sheriff's Substation. 8) Recommendation to award Request for Quotation (RFQ) #14-6286 - Computers for EMS to CDW Government, Inc., utilizing the National IPA cooperative contract, and authorize the Chairman to sign the Fair Market Value lease agreement with VAR Resources, Inc., for a total of$130,285.08 over three years. 9) Recommendation to award invitation to Bid #14-6308 "Fleet and Equipment Services" to multiple vendors for Fleet Management Services, repair parts and accessories. 10) Recommendation to execute an Agreement and authorize a Budget Amendment in an amount not to exceed $62,000 from reserves in the Golden Gate Estates Land Sales Trust Fund to provide Big Corkscrew Island Fire Control and Rescue District funding for the purchase of eight mobile data terminals, installation and technical support and software update for a Station Alerting System. F. COUNTY MANAGER OPERATIONS 1) Recommendation that the Board of County Commissioners approve a 120 day extension to the Agreement with the Partnership for Collier's Future Economy Incorporated. 2) Recommendation to approve an Amendment to the Temporary Use Agreement with Kraft Office Center LLC, for the no cost use of furnished office space for the pilot launch of the Soft Landing Business Accelerator Project. 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2013-14 Adopted Budget. 4) Recommendation that the Board of County Commissioners reviews and approves the proposed FY2015 Action Plan for Leo E. Ochs, Jr., County Manager. Page 18 September 23, 2014 5) Recommendation to approve, and authorize the Chairman to sign, a one-year extension to the Memorandum of Understanding between the Collier County Board of County Commissioners and the Early Learning Coalition of Southwest Florida, Inc., to provide funding in the amount of$75,000 in Fiscal Year 2015. 6) Recommendation to adopt a resolution authorizing the removal of non-sufficient funds (NSF) checks in the amount of$196,097.81 deemed uncollectible from the financial records of Collier County in accordance with Resolution 2006-252. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to appoint two members to the Pelican Bay Services Division Board. 2) Recommendation to reappoint a member to the Affordable Housing Advisory Committee. 3) Recommendation to reappoint two members to the Lely Golf Estates Beautification MSTU Advisory Committee. 4) Recommendation to appoint a member to the Collier County Coastal Advisory Committee. 5) Recommendation to appoint two members to the All-Terrain Vehicle Park Ad Hoc Committee. 6) Recommendation to appoint two members to the Health Facilities Authority. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of August 28, 2014 through Page 19 September 23, 2014 September 03, 2014. 2) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of September 4, 2014 through September 10, 2014. 3) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of September 11, 2014 through September 17, 2014. 4) Tax Collector request for advance commissions in accordance with Florida statute 192.102(1) for FY2015. 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 the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. 2) Recommendation to approve a Joint Motion and Final Judgment in the amount of$8,187.50 for Parcel 175RDUE in the lawsuit styled Collier County, Florida v. Robert E. Williams, Tr., et al., Case No. 14-CA- 816 for the Collier Boulevard expansion (Project No. 68056). (Fiscal Impact $4,987.50) 3) Recommendation that the Board of County Commissioners reviews and approves the proposed FY 2014 - 2015 Action Plan for Jeffrey A. Klatzkow, County Attorney. 4) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Michael H. Chalfin and Tyler R. Chalfin in the County Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, to recover damages for the repair of a County vehicle and a County road sign in the amount of$7,348.79, plus costs of litigation. Page 20 September 23, 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- JUI)ICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural Zoning District (A), a Rural Agricultural Zoning District with an ST Overlay (A- ST), a Rural Agricultural Zoning District with a Rural Fringe Mixed Use Sending Lands Overlay and Natural Resource Protection Overlay (A- RFMUD-NRPA), and an Agricultural Zoning District with a Rural Fringe Mixed Use Sending Lands Overlay and Special Treatment Overlay and Natural Resource Protection Area Overlay (A-RFMUD-ST-NRPA) to a Residential Planned Unit Development (RPUD) Zoning District to allow up to 590 dwelling units for a project to be known as the Willow Run RPUD on property located at 9220 Collier Boulevard in Sections 11, 12, 13 and 14, Township 50 South, Range 26 East, Collier County, Florida consisting of 559± acres; and by providing an effective date (PUDZ-PL20130000682). B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20140001704, to disclaim, renounce and vacate the Preserve and Page 21 September 23, 2014 B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20140001704, to disclaim, renounce and vacate the Preserve and Detention Easement in Tract "A", Airport Road Subdivision according to Plat Book 24, Pages 82 through 83 of the Public Records of Collier County, Florida, located in Section 12, Township 49 South, Range 25 East, Collier County, Florida. C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution renaming Creekside Way to Arthrex Boulevard, which is located in Creekside Commerce Park West Unit One, Tract R, east of Goodlette-Frank Road and just south of Immokalee Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2013-14 Adopted Budget. E. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2014-15 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 22 September 23, 2014 September 23, 2014 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN HENNING: Good morning, everyone. Today's invocation will be delivered by Jim Thomas, Pastor Jim Thomas, East Naples United Methodist Church. Following that, we'll have the Pledge of Allegiance. Would you all rise, please. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE — EAST NAPLES UNITED METHODIST CHURCH — INVOCATION GIVEN BY PASTOR JIM THOMAS PASTOR THOMAS: May we pray. Dear Heavenly Father: We come this morning asking for the help of the Spirit as we offer our prayer. Lord, we come today particularly giving thanks to you for your many blessings and also for leadership and for service. Dear Lord, we thank you for these people that dedicated their time and effort to come and to being leaders in our community. We pray, dear Lord, as they come together today for decisions to be made that our hearts and minds will be open so that we would hear what each other has to say; more importantly, Lord, to hear what it is that you would have us to do. Lord, give us guidance and direction in all things, and we humbly come before you asking this prayer in your name. Amen. (Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: If everybody would silence or turn off their cell phones, it would help today with our proceedings. CHAIRMAN HENNING: County Manager, would you walk us through the change list. Page 2 September 23, 2014 Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Yes, sir. Good morning, Mr. Chairman, members of the Board. These are the proposed agenda changes for the Board of County Commissioners meeting of September 9th (sic), 2014. First proposed change is a continuation of Item 16.A.15 to your October 14th, 2014 meeting. That is a staff request. Next proposed change is to continue Item 16.A.30 from your consent agenda to be moved to the October 14th, 2014 BCC meeting. That request also comes from your staff. We have a couple of agenda notes this morning, Commissioners. Item 3.A is your service awards. We have two employees who are unable to attend; we'll mail those awards to them, that's Millie Kelly celebrating 33 years with your Wastewater Department, and Patricia Dixon from your EMS Department, celebrating 20 years of service. We have a change proposed to the title of Item 10.A that now will read: Further amend the Public Safety Authority ordinance to provide that the Public Safety Authority will be a five-member citizens committee with members having no affiliation with any hospital, fire district, EMS, municipality, or Collier County Sheriffs Office, and eliminating the medical director's sub-committee. Those amendments are made by Commissioner Henning, who was the author of the executive summary. Item 10.0 has an amendment to the title of the item, and it should read: Placement of attached banking services documents into the Page 3 September 23, 2014 official record. No action required. And that item is authored by Commissioner Hiller. Next proposed change is to Items 16.A.8, A.9, A.10 and A. 11, all four of those having to do with continuation of Stewardship Sending Area items. The location map for those SSAs has been added to each of the resolutions for those four items. And that change is made at Commissioner Henning's request. Item 16.C.4, there were two columns in the spreadsheet in Exhibit C and D that had incorrect fiscal years. Those are corrected here in your change sheet to read FY 2014 and FY 2015. And that correction was made at the staffs request. And finally, 16.E.9, the author of the executive summary is the interim director of the Fleet Management department. We have one time certain request, Mr. Chairman, and that item is 11.A on your regular agenda to be heard at 1 :00 p.m. And it has to do with the proposed Platt Road improvement Municipal Service Taxing Unit. And that time certain request is from Commissioner Nance. And those are all the changes that I have this morning, Mr. Chairman. CHAIRMAN HENNING: County Attorney? MR. KLATZKOW: No changes, sir. CHAIRMAN HENNING: Ex parte communication and further changes to today's agenda. We'll start out with Commissioner Coyle. COMMISSIONER COYLE: Good morning. With respect to Item 16.A.13, I have spoken with staff concerning this item. And with respect to the summary agenda, I have met with Maureen Bonness concerning 17.A. And I have no disclosure for any other items on the consent or summary agenda. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. On Item No. Page 4 September 23, 2014 16.A.13 I've had meetings, emails and calls. I spoke with staff and I've spoken to community members, and I've attended meetings, all relating to this particular subject which is the development orders for service stations in C-4 zoning districts. Also, on Item No. 17.A which is the rural fringe mixed use sending areas, I've had meetings and correspondence and emails. Also I've met with Maureen Bonness from Willow Run and I've spoken to staff And that's it. CHAIRMAN HENNING: Okay, I have -- on 17.A I have received the staffs report on Willow Run ordinance. Commissioner Hiller, Item 10.B, is that item about the county investment policy or is it about banking? COMMISSIONER HILLER: It relates to the banking and to your improper denial of my ability to introduce the documents on the record at the last meeting. No action is required. I'm placing them on the record so the public has access to them. CHAIRMAN HENNING: If you look at your agenda, you're referring to 10.C. I'm referring to 10.B. COMMISSIONER HILLER: I'm sorry. CHAIRMAN HENNING: And I'll repeat the question. Is this item about the policy on investment or is it about the banking service? COMMISSIONER HILLER: I'm sorry, I don't understand what you're saying. CHAIRMAN HENNING: The title says recommend to -- the Board direct the County Manager to review proposed revisions to the county's investment policy and give under current economic conditions (sic). But the meat of it is about the banking -- the banking with the Clerk of Courts. So -- COMMISSIONER HILLER: No, it's not. I'm sorry, you're incorrect. 10.B relates to the investment policy. And the investment Page 5 September 23, 2014 policy has two components to it. One is banking services for the initial depository and the second part is the subsequent investment of surplus cash in securities which would be held with third-party custodial agents or the federal reserve. It's part and parcel of the same overall issue. It's just, you know, Phase I is the initial deposit, Phase II is the investment and surplus cash. CHAIRMAN HENNING: Okay. Thank you for the clarification. In my opinion, let's keep that standalone. Since we have another item on banking, I thought it might have pertained to that. COMMISSIONER HILLER: No, the item on banking is to introduce the records. If you're referring to my item, it's -- CHAIRMAN HENNING: No, I'm not. COMMISSIONER HILLER: -- introducing the records. Oh, the Clerk's? Are you referring to the Clerk's agenda item? CHAIRMAN HENNING: About your item in your proposed change, I think that's debatable. I think you're wrong. I think we need legal opinion on that. There is action that is required, and quite frankly we'll debate that under 10.C, if you want to debate that. COMMISSIONER HILLER: It would be my pleasure to debate anything with you and win. CHAIRMAN HENNING: Do you have any -- Commissioner Hiller, do you have any ex parte communications or any further changes to today's agenda? COMMISSIONER HILLER: I have no changes to the agenda and I have ex parte. On 16.A.13, I have correspondence and emails. On 17.A, I have received a staff report, which I have reviewed. And other than that, I have no further disclosures. CHAIRMAN HENNING: Commissioner Nance, do you have any ex parte communication or any further changes to today's agenda? Page 6 September 23, 2014 COMMISSIONER NANCE: Mr. Chairman, no further changes to the agenda. On ex parte, on the consent agenda I've spoken to staff on Item 16.A.13. And on today's summary agenda I have read the staff report regarding the Willow Run RPUD, and also had a meeting with Wayne Arnold and Maureen Bonness. CHAIRMAN HENNING: Okay, thank you. With that said, I'd entertain a motion to approve today's agenda as amended. COMMISSIONER HILLER: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Hiller, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Page 7 Proposed Agenda Changes Board of County Commissioners Meeting September 23,2014 Continue Item 16A15 to the October 14,2014 BCC Meeting: Recommendation to approve a Resolution authorizing the County Manager to designate an official to provide signature authority on behalf of the County for Resources and Ecosystem Sustainability,Tourist Opportunities,and Revived Economies of the Gulf Coast States Act of 2012(RESTORE)grant applications submitted through the federal GrantSolutions online grant management system. (Staff's request) Continue Item 16A30 to the October 14,2014 BCC Meeting: Recommendation to authorize the Director of Transportation Engineering to execute Standard Zero-Dollar Construction Agreements with the State of Florida Department of Transportation acting as the Construction Coordinator for Collier County to ensure that all improvements constructed through the FDOT permitting process within the State right-of- way comply with FDOT standards and conditions. (Staff's request) Note: Item 3A: The following will not be able to attend the meeting,but their awards will be mailed to them: Millie Kelley-Wastewater 33 year retiree award and Patricia Dixon-EMS 20 year service award Item 10A: Further amend the Public Safety Authority Ordinance to provide that the Public Safety Authority will be a five member citizens committee with members having no affiliation with any hospital,fire district,EMS,municipality or Collier County Sheriff's Office; and eliminating the Medical Director's Subcommittee. (Commissioner Henning's request) Item 10C title should read: Placement of attached banking services documents into the official record. No action required. (Commissioner Hiller) Items 16A8, 16A9, 16A10 and 16A11: A Stewardship Sending Area Location Map has been added to these agenda items as back-up. (Staffs request) Item 16C4: The fiscal years referenced in the far right columns of Exhibit"C"and"D"attached to the Resolution should read,from left to right,as follows: FY2014 and FY2015. (Staff's request) Item 16E9: Prepared by: Mario Menendez,Interim Director,Fleet Management Department Time Certain Requests: Item 11A to be heard at 1:00 p.m. 10/9/2014 11:43 AM September 23, 2014 Item #2B and #2C BCC REGULAR MEETING MINUTES FROM JULY 8, 2014 AND BCC BUDGET HEARING MINUTES FROM SEPTEMBER 4, 2014 — APPROVED AS PRESENTED CHAIRMAN HENNING: Motion to -- entertain a motion to approve the July 8th, 2014 BCC Regular Meeting and September 4th, 2014 BCC Budget Hearing. COMMISSIONER HILLER: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Hiller, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #3A SERVICE AWARDS — EMPLOYEE — 20 YEAR ATTENDEES CHAIRMAN HENNING: Now, if the Commissioners would join me in front of the dais for service awards to employees and our retirees. MR. OCHS: Commissioners, we'll begin this morning with Page 8 September 23, 2014 employees celebrating 20 years of service with county government. The first recipient celebrating 20 years with Road Maintenance is Gonzalo Blanco. Please step forward, Gonzalo. (Applause.) MR. OCHS: Celebrating 20 years with our Emergency Medical Services Department, Jonathan Harraden. (Applause.) MR. OCHS: Celebrating 20 years with Building Review and Permitting, Mike Ossorio. Mike? (Applause.) MR. OCHS: Celebrating 20 years of service with EMS, Eva Weeks. (Applause.) MR. OCHS: Also celebrating 20 years of service with EMS, Michele Williamson. (Applause.) Item #3B SERVICE AWARDS - EMPLOYEE - 25 YEAR ATTENDEES MR. OCHS: Commissioners, we have three employees celebrating 25 years of service this morning with county government. Our first recipient from your Parks and Recreation Department is Irving Baez. (Applause.) MR. OCHS: Celebrating 25 years with your Public Utilities Division, Jim Foster. Jim? (Applause.) MR. OCHS: Your final 25-year service awardee this morning, Commissioners, is your Public Utilities Administrator, Dr. George Yilmez. Dr. Yilmez? (Applause.) Item #3C SERVICE AWARDS — EMPLOYEE — RETIREES MR. OCHS: Commissioners, we're also pleased this morning to Page 9 September 23, 2014 recognize a few of our recent retirees and thank them for their service. The first recent retiree we'd like to call to be recognized from your Parks and Recreation Department with 24 years of service, Zeb Harris. Zeb? (Applause.) MR. OCHS: Your next retiree award, after 13 years of service with county government, Dave Perry. Dave? (Applause.) MR. OCHS: Commissioners, our last recognized retiree is truly recent, because she hit the daily double today. Just receiving a 20-year award and also celebrating her retirement later this month is Eva Weeks from EMS. Eva? (Applause.) MR. OCHS: Mr. Chairman, that concludes our service awards this morning. Thank you. CHAIRMAN HENNING: Let's move to proclamations. MR. OCHS: Yes, sir. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS — ADOPTED Item #4A PROCLAMATION TO DECLARE THE FOURTH THURSDAY OF SEPTEMBER "REMEMBER ME THURSDAY" IN COLLIER COUNTY, IN REMEMBRANCE OF THE MILLIONS OF PETS THAT LOST THEIR LIVES WITHOUT THE BENEFIT OF A LOVING HOME. ACCEPTED BY DARCY ANDRADE, KELLIE CARROLL, KATHY DREW, TAMMY WOLNY, KYRA LYNCH, AND GERI LYNN WATERBURY FROM DOMESTIC ANIMAL SERVICES — ADOPTED Page 10 September 23, 2014 MR. OCHS: Mr. Chairman, Item 4.A is a proclamation to declare the fourth Thursday of September "Remember Me Thursday" in Collier County in remembrance of the millions of pets that lost their lives without the benefit of a loving home. To be accepted by Darcy Andrade, Kellie Carroll, Kathy Drew, Tammie Wolny, Kyra Lynch and Geri Lynn Waterbury from our Domestic Animal Services Department. And this item is sponsored by the entire Board of County Commissioners. Please step forward. (Applause.) CHAIRMAN HENNING: I must say, Tom Capp, who was here receiving that proclamation and I've known each other for over 40 years and it's always a pleasure to see Tom. Next proclamation? Item #4B PROCLAMATION RECOGNIZING THE ROOKERY BAY NATIONAL ESTUARINE RESEARCH RESERVE AND DESIGNATING SEPTEMBER 27TH AS NATIONAL ESTUARIES DAY IN COLLIER COUNTY. ACCEPTED BY BROOKE CARNEY REPRESENTING THE ROOKERY BAY NATIONAL ESTUARINE RESEARCH RESERVE — ADOPTED MR. OCHS: Item 4.B is a proclamation recognizing the Rookery Bay National Estuarine Research Reserve and designating September 27th as National Estuaries Day in Collier County. To be accepted by Brook Carney, representing the Rookery Bay National Estuarian Research Reserve. And this item is sponsored by Commissioner Fiala. (Applause.) COMMISSIONER FIALA: Would anybody mind if we read that proclamation? I'd really like to do that. Thank you so much. WHEREAS, the estuaries occur where creeks and rivers meet the Page 11 September 23, 2014 sea and our protected coastal areas, serving as important nurseries for marine life, recreation and provide essential habitat for over 75 percent of our nation's commercial fish catch; and WHEREAS, estuaries provide over 28 million jobs in commercial and recreational fishing, boating and tourism, generating $111 billion yearly. I wish that was all here in Collier County. WHEREAS, Rookery Bay National Estuarian Research Reserve protects and manages 110,000 acres along Collier County's coastline, and represents one of the few remaining undisturbed mangrove estuaries in North America -- I thought this was important for all of our people to hear, that's why I asked to read it -- Rookery Bay is part of a network of 28 reserves focused on long-term research, water quality monitoring, education and coastal stewardship. Established by the Coastal Zone Management Act of 1972, the reserve system is a partnership program between the National Oceanic and Atmospheric Administration and the coastal states; and WHEREAS, the mission of Rookery Bay National Estuarine Research Reserve is to provide a basis for informed stewardship of estuaries through research and education and offers field classes for children, kindergarten through 12, and supports teachers through professional development programs and marine education; and WHEREAS, National Estuaries Day was established in 1988 and is an annual event that promotes the importance of estuaries and the need to protect them. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that a grateful board recognizes Rookery Bay National Estuarine Research Reserve and joins coastal communities across the country to designate September 27th as National Estuaries Day. Thank you so much. DONE AND ORDERED this 23rd day of September, Tom Page 12 September 23, 2014 Henning, Chairman. Thank you so much for allowing me to do that. (Applause.) Thank you for all you do. CHAIRMAN HENNING: I'll entertain a motion to approve today's proclamations as presented. COMMISSIONER FIALA: So moved. COMMISSIONER NANCE: So moved. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Nance. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #5A RECOGNIZING SEAN MCNICHOLS, EMT II, EMS, AS THE EMPLOYEE OF THE MONTH FOR AUGUST 2014 — PRESENTED MR. OCHS: Mr. Chairman, that takes us to Item 5 on your agenda this morning, presentations. Item 5.A is a recommendation to recognize Sean McNichols EMS EMT as the Employee of the Month for August, 2014. Sean, if you'd please step forward. (Applause.) MR. OCHS: Sean, let's get a photo. I'll read a little bit about you Page 13 September 23, 2014 so the crowd knows about you. Commissioners, Sean's been an employee of our EMS system for the last six years. On the morning of July 31st, Sean had just gotten off duty and stopped at Publix for his morning coffee. As he approached the deli, he noticed some commotion near the checkout and what appeared to be a customer on the floor with someone attempting CPR. Sean rushed to the area, assessed the situation and the victim. He determined the victim was without a pulse and cardiac arrest so he took over CPR and performed manual chest compressions while awaiting the arrival of EMS Medic II. Once they arrived, Sean continued to work with the crew who were able to defibrillate the patient, get a return of a normal heart rhythm and transport to the hospital. Sean's dedicated to providing quality care to all those who call for assistance as well as providing outstanding customer service to all the citizens of this community that he encounters. Certainly his professionalism and devotion both on and off duty make him very deserving of this award. Commissioners, it's my honor to present Sean McNichols as the Employee of the Month for August, 2014. Congratulations, Sean. (Applause.) Item #5B PRESENTATION BY DAN A. HUGHES COMPANY REGARDING DRILLING OPERATIONS AT THE COLLIER HOGAN WELL-SITE — PRESENTED MR. OCHS: Mr. Chairman, Item 5.B is a presentation by Dan A. Hughes Company regarding drilling operations at the Collier-Hogan Page 14 September 23, 2014 well site. We're honored to have several members of the firm here this morning. Good morning, sir. CHAIRMAN HENNING: State your name for the record, please. MR. HUGHES: Yes. Dan Allen Hughes, Jr. Good morning, Chairman Henning, good morning, Commissioners. Thank you for allowing me and my staff the opportunity to come address you today. I know that it's been an ongoing discussion about activities we've conducted in Collier County and we'd just like to visit with you a little bit about it this morning. Again, as I said, my name is Dan Allen Hughes, Jr. I'm the president of Dan A. Hughes Company. I'm also the President of Hupecol, LLC, which is an entity we operate outside the United States. Dan A. Hughes Company is a private partnership between my father and myself. My father has been in the oil and gas business for 65 years and I've been in the oil and gas business for 35 years. Our company's committed to the highest standard in oil and gas operations and our reputation is very important to us, and we are regarded as an outstanding oil and gas operator, both domestically and internationally. My father and I are landowners and mineral owners in Texas and in other states in the United States. And Commissioners, like you, I'm a committed steward to the land and the environment. We currently operate both domestically and internationally. Domestically we have operations in several states in the United States. Internationally we've been operating in Columbia and South America since the late 1990's and drill almost 200 wells in Columbia. Currently in Columbia we're operating in the Llanos Basin in the eastern part of Columbia, and we've drilling in a very environmentally sensitive area. We also have operations in Belize. And as I speak to you today our company is drilling a well in the southern part of Belize in the Temash National Park, in an extremely environmentally sensitive area. Page 15 September 23, 2014 We have operations in Italy, and we are doing rework operations on wells currently on the Island of Sicily. And again this is a very pristine and environmentally sensitive area. We consider ourselves to be experts in operating environmentally sensitive areas, and protecting the environment is at the utmost importance to me and our company. All the countries that we operate in and all the states having either an agency or a board. In Texas we have the Railroad Commission that regulate oil and gas operations. These agencies have rules and regulations. And if you comply, you can conduct your oil and gas operations. As you're aware, in Florida the agency that regulates oil and gas industry is the Department of Environmental Protection, and they have specific rules and regulations for oil and gas operations. I'm here today to assure you that all operations on the Collier-Hogan well were conducted and done within the guidelines specified by the DEP. Before I turn the presentation over to my staff this morning, I want to give you an update on the status of the Collier-Hogan well. The Collier-Hogan well is currently shut in and our company plans to plug and abandon the well. This will be done in compliance with all DEP regulations. The well -- during the test period the well was encouraging and we did produce oil at fair rates. However, we've relinquished all of our leases with the Colliers and we are exiting South Florida. Commissioners, we're all on the same team. We all want to protect our environment and we all want to protect our water. And in closing my statement, I think this might be an excellent opportunity for your DEP and your legislators to review your oil and gas regulation in Florida and modify, if deemed necessary. I'm going to turn it over to our chief operating officer, Hank Kremers, but I'll be glad to answer any questions if there's specific Page 16 September 23, 2014 questions for me after our staff has made their presentations. Thank you for allowing us to be here today. MR. KREMERS: Good morning. Thank you, Dan. The oil and gas industry is a highly regulated industry. And as Dan Allen Hughes previously stated, Hughes has operated all over the world and in many states. We have encountered varying degrees of regulation. And I want to make a statement. The DEP in the State of Florida does in my opinion an excellent job of regulating our industry. I don't want to run down the DEP, because we really feel like if you compare the amount of detail that has to be prepared prior to drilling a well to other states and other countries, Florida has much greater detail. The operation conducted by Hughes in December of 2013 was a work-over by DEP's own definition. Hughes received a five-year operating permit in August of 2013. Once you receive an operating permit in Florida, the Florida Administrative Code is crystal clear with respect to what is required prior to conducting a work-over operation. I call your attention -- these are quotes that we have put from the Administrative Code. Section 62C29.006(1), notification. Once you receive a permit, the only thing required is notice. I quote: Each operator shall notify the department agent prior to commencing work-over operations or during an emergency as soon thereafter as possible. Section 62C-25.002 (61) defines a work-over operation. And I quote again, an operation involving a deepening, plugging back, repair, cement squeeze perforation hydraulic fracturing, acidizing or other chemical treatment which is performed in a production, disposal or injection well in order to restore sustained or increased production disposal or injection rates. What we conducted was absolutely a work-over. Wade Chapman, our Operations Manager, will discuss our Page 17 September 23, 2014 work-over in great detail immediately after me. But before -- but first I would like to show you that Hughes's work-over or chemical treatment compares very closely to accepted acidizing operations conducted in Florida. And these operations have been conducted for the last 50 or 60 years. The comparison is shown up on the slide up there. As you can see, and I'm having a hard time seeing it, but the pressures that were used were very similar between a standard acidization. The two columns on the right side will compare the two operations. The final column is a typical Florida acidization. It uses 8,000 pounds of pressure; we used 8,300 pounds of pressure. It also compares the rates of injection which are basically the same. The most different is the amount of acid which is used. In an acid operation, the typical acidization in Florida uses three times as much acid as we used. Of all the elements that were injected, acid is by far the most toxic. And it turns into a salt within an hour after injection. And we'll get into more detail about that. I would also like to take this opportunity to clarify several points. On November the 4th, 2013, Hughes's staff flew to Tallahassee and presented our proposed work-over to the DEP staff. For the next six weeks there was constant dialogue between both staffs. The point that I'm trying to address here is it has been reported to the press that Hughes was caught doing an illegal work-over operation. First, we don't consider it illegal in any way, shape or form. Secondly, we weren't caught. The DEP was very much aware of everything we were doing. There was constant dialogue, dates were set, dates were extended for conducting the work-over. The use of the word caught is certainly incorrect. The DEP was very much aware of what we were doing. Secretary Vinyard has stated on various occasions that this was Page 18 September 23, 2014 the only cease and desist that he has ever signed and the reason for it was that a list of questions delivered to Hughes went unanswered. We have obtained -- we have, I have with me a copy of a Notice of Voluntary Dismissal wherein DEP's General Counsel Matt Leopold represents to our attorneys that no such list existed. We answered all the questions that were presented. On April 8th of this year, Hughes executed a consent order. Commissioners, I want to tell you that we intend to fully comply with that consent order. We are exiting Florida, but we want to assure you that we will monitor that well and that we will make sure that nothing, no contamination or pollution, ever comes of that well. And if it does, we will be liable, stand by it. We are very confident of our procedures and we think that time will tell that what we did was prudent and that our operations in Florida are safe and respect the environment. Finally, I just want to make a personal comment. We are very confident of our operations, but we didn't do a very good job of communicating to this community the safety and the amount of engineering that goes into our operations. And if we could turn the clock backwards, I think we would do things differently. But we are very confident that our operations are safe. I'll now turn the program over to Wade, our operations manager. MR. CHAPMAN: Good morning, Mr. Chairman, Collier County Commissioners. I'm Wade Chapman, the Operations Manager for Dan A. Hughes. I graduated from Texas A&M in 1985 with a degree in petroleum engineering and I have over 29 years of experience in all phases of the oil and gas industry. A lot of this is going to be review from what the Collier Company showed you all a couple of weeks ago. But I would like to briefly review the construction of the Collier-Hogan well and the acid stimulation we pumped in order to alleviate any concerns you may Page 19 September 23, 2014 have regarding groundwater contamination at this site. What you have on the screen here is a drawing or well sketch that depicts the wellbores that Collier-Hogan well was drilled and completed. Each string of pipe or casing that was cemented in the well is shown. As you can see, we started out drilling a larger hole and cemented successfully smaller casing streams as we drilled deeper. The first casing stream that was cemented in the ground is called the surface casing. Surface casing is a basic component of all oil and gas wells. Its primary job is to protect the freshwater sources. It is installed and cemented immediately after drilling below all of the freshwater sources, and before drilling into any hydrocarbon or saltwater bearing sources. It is a requirement of all regulatory agencies that cement be circulated to the surface in the space behind the surfacer CHAIRMAN HENNING: Sir, hang on. Commissioner Fiala has a request. COMMISSIONER FIALA: I was suggesting that maybe you could bring that table up here in front of the dais, well, not too -- so we can see it but so everyone else can see it and the TV cameras can see it as well. MR. CHAPMAN: Sure. COMMISSIONER FIALA: This way everybody knows what you're pointing to. MR. CHAPMAN: And we'll talk about it in a minute when I get through this discussion. CHAIRMAN HENNING: Thank you. MR. CHAPMAN: It is a requirement of all regulatory agencies that cement be circulated to the surface in the space behind the casing. This is also called the casing annulus. By installing casing and placing cement across all the freshwater Page 20 September 23, 2014 sources, the freshwater is protected from any additional operations in the well. After drilling the surface interval and installing casing across all of the freshwater sources, the well is drilled deeper and additional streams of casing were installed as needed to reach the productive interval. One unique geological feature of South Florida is what is called the boulder zone. This is a highly porous interval composed of gravel-like particles. Because it is so porous, it is easy to pump into this interval. And since it's so easy to pump into this interval, it is used as a disposal zone for all types of fluids in South Florida, such as sewage effluent and industrial waste. In order to isolate this interval, before any additional operations were performed in this well, we drilled to a depth just below this boulder zone and installed nine and five-eighths casing, which will be the second string shown on that model there just below this boulder zone. So now we have the boulder zone isolated with one string of pipe and we've got the freshwater sources protected by two strings of pipe. So after setting the nine and five-eighths casing we drilled ahead to the lower Sunniland, which was the proposed productive interval in this well. When we reached the productive interval, another string of casing was installed and cemented which provided a third layer of protection between the freshwater sources and any potential hydrocarbons encountered while drilling the zone that contained oil and gas. And this zone is about 12,000 feet true vertical depth to 12,000 feet below the surface of the earth. So you've got over two miles of earth between where we were looking for oil and gas and where the freshwater sources are. After drilling into the lower Sunniland, our -- after drilling to the Page 21 September 23, 2014 lower Sunniland we set the seven-inch casing and then we drilled our lateral, which is a horizontal section of the well. Which was kind of the new thing that we did in this well to try to make it productive. And that's about a 3,800-foot lateral. Once we drilled that lateral, we installed a fourth string of pipe. It was four-and-a-half-inch casing which is a smaller string sticking up there. So now across the freshwater sources you have four strings of steel across the fresh water zones protecting it. As you can see, the freshwater sources were protected by multiple redundant strings of casing. The pressure ratings of these casing strings are much higher than any pressures they were exposed to during the drilling completing or stimulating of this well. Additionally, these strings were pressure tested numerous times during the completion of the stimulation process. These tests proved the integrity of the casing was maintained. Finally, pressure gauges continuously monitored the pressures between each string of casing during the completion and stimulation process. Any leak would immediately be detected by an increase in pressure on the casing stream immediately behind the casing that was being pumped into. The four-and-a-half-inch casing was a string through which the stimulation was pumped. At no time during the pumping did the gauge on the seven-inch casing show an increase in pressure, which proves that there was no communication between the four-and-a-half-inch casing and the seven inch casing. There was no leak in the four-and-a-half. All our acid was going down the hole to the lower Sunniland where we wanted it to go. Okay, about the model. This model shows the four strings installed between the freshwater sources and the portion of the well where the acid stimulation was pumped. You can see the redundant layers of steel between the acid stimulation and the freshwater sources. Page 22 September 23, 2014 And I want to stress that everything about this casing is engineered. The quality control is very strenuous and includes pressure testing, hardness testing and thread inspections. Okay, that's how the well was constructed. The freshwater was definitely protected in this well. Okay, now, some of you -- the other concern you may have is ability for the wellbore or reservoir fluids to migrate through the earth's layers to the freshwater sources. Get it up here. This is a log which is basically a tool we use to show the different layers of rock and what the rock is made out of, whether it's a sandstone or limestone or shell or anhydrite in this case. But this log, which we ran in the well after we drilled the hole -- and this is the actual log from the Collier-Hogan well -- shows the hard -- this log shows the hard, tough, impermeable layers of anhydrite between the lower Sunniland productive zone and freshwater sources. These layers are almost impossible to pump liquids into, as compared to the weak, porous productive zone that contains hydrocarbons. The porous spaces where the hydrocarbons are in a rock, it's just like wood that's been eaten, you know, that has holes eaten into through terminates. It's much weaker than, you know, a solid bore. So you've got this porous rock that's weak with these really hard tough layers above it. And so when you pump into it, the water breaks the weak rock and it can't travel through the hard tough layer of rock. But these layers are almost impossible -- okay. All oil and gas fills have at least one impermeable layer that forms the trap that holds the hydrocarbons in place and prevents the kind of migration some of you may be concerned about. The Collier Company indicated there are seven layers of anhydrite. Archeologists have identified more than 50 different anhydrite layers in the two miles between the productive interval and Page 23 September 23, 2014 the freshwater sources. And that's -- these layers are shown here in this log in red. Any one of these will prevent the upper migration of fluids. Also, although impossible, should any fluids migrate upwards, the boulder zone will absorb any liquids that reach it and prevent any additional upward migration. So it's just sitting there like a big thick sponge, and once fluids get it, hits it, they would just dissipate into the boulder zone. So just to run through the log all the way from the lower Sunniland all the way through all the anhydrite layers to the boulder zone and then finally where we set our 13 and three-eighths surface casing, above that point is where you have the freshwater sources. Okay, what did we pump in this well? Here's a table showing the details of the seven stimulation stages that were pumped in this well. Each stage contain 10 percent HCL acid, followed with gel containing sand. The primary method of stimulating a limestone formation like the Sunniland is to acidize it. We followed the acid with a small amount of gel and sand to hopefully erode the formation where the acid had dissolved the rock, in order to additionally improve the ability for oil to flow out of the formation. As Hank just mentioned, this job was much smaller than the frack jobs typically pumped in Shell Place currently being developed in states like Texas and North Dakota. These jobs pump approximately 200,000 barrels of fluids into the formation, and millions of pounds of sand at much higher rates. I would also like to address the type of liquids and solids pumped into this well. The acid was 10 percent hydrochloric acid. This is a fairly weak acid that reacts with limestone to form a salt called calcium chloride and carbon dioxide. HCL acid is commonly used in freshwater source wells to increase the freshwater output of these wells. The sand was just Page 24 September 23, 2014 common silica quartz sand, no different than beach sand. And there's a sample of the product right there, it's just sand. The gel is made of guar powder. Guar powder is simply ground up guar beans. Guar beans are grown on a plant that has pods much like any other bean plant. Guar is used to thicken fluids. We use it to thicken the water so the water can carry and suspend the sand. Guar is also used to thicken food products such as baby foods, jams and salad dressings. If you can envision fruit being suspended in Jello, this is what we do with guar, water and sand. In conclusion, I would like to emphasize the Collier-Hogan number 20-3H well was drilled, completed and acid stimulated in a manner that protected the freshwater sources. Additionally, impermeable rock layers called anhydrite prevented the migration of reservoir or stimulation fluids upward through two miles of earth to the freshwater sources. Finally, I want to emphatically state that Dan A. Hughes and I have the same goals as the DEP, the Collier County Commissioners and the residents of Collier County. We all want to protect the environment. We all want to protect the freshwater sources for generations to come. The manner this well was drilled, completed and acid stimulated did just that. Thank you. CHAIRMAN HENNING: Okay. Is there anymore presenters? MR. HUGHES: Just in closing. MR. MATTHEWS: Frank Matthews, Hopping, Green and Sams, Attorneys for Dan A. Hughes. Just to acknowledge that unfortunately we are in litigation with the Department relative to the implementation of the consent order. A third-party contractor to do the verification report has been selected and will be undertaking that study or report, which is the study of that consent order. We know there's big policy issues over oil extraction, where it Page 25 September 23, 2014 should be, how it should be done, what the standard should be. I just wanted to let you know that the current litigation pending in the administrative and circuit courts won't address those issues. Those will be attended to in the next couple of months, certainly through regulation, legislation and other forums. So we appreciate giving the company the opportunity to come before you and make this presentation. CHAIRMAN HENNING: Thank you. Now we have questions by the Board. Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you. If I understand what you said in the beginning, Mr. Hughes, is that you were not caught, that DEP had full knowledge of what you were doing throughout the entire process, and that when they issued the cease and desist order they subsequently issued a note of voluntary dismissal? MR. HUGHES: Well, that's correct, we were not caught. We did COMMISSIONER HILLER: I understand, but that's what has been said. But I'm just clarifying in my own mind that the reason you were not caught is because you just described that DEP had full knowledge of everything you were doing and that after they issued the cease and desist order they issued a notice of voluntary dismissal? MR. MATTHEWS: I don't know about -- COMMISSIONER HILLER: Or did I misunderstand that? MR. MATTHEWS: -- the voluntary dismissal. COMMISSIONER HILLER: Maybe the other gentleman -- maybe I'm misunderstanding. I didn't quite follow what you said. MR. KREMERS: If you could repeat the question again one more time? COMMISSIONER HILLER: You said you were not caught, that DEP had full knowledge of what you were doing every step of the Page 26 September 23, 2014 way. But what we have heard is that DEP issued a cease and desist order. Notwithstanding that they knew everything that was going on, it doesn't make any sense. I mean, if they knew what was going on, you know, they obviously were acknowledging what you were doing. Then all of a sudden they issued a cease and desist, not withstanding that they were basically partnering with you every step of the way as you were proceeding through the process. And then you said something about a notice of voluntary dismissal. MR. KREMERS: Yes, the notice of voluntary dismissal was with respect to a statement made by Secretary Vinyard that there was a list of questions presented to Hughes which went unanswered. We filed a petition to get a copy of that, because we never received it. We answered every question that they presented. When we filed this Writ of Mandamus, they I guess said that -- well, anyway, the end of it was that they gave us this statement from their legal department that there was no list. So we did a voluntary dismissal. COMMISSIONER HILLER: Okay. MR. KREMERS: Of just that. Now, they did have full knowledge, constant communication between us. COMMISSIONER HILLER: I understand. Jeff, I have some concerns about the litigation between DEP and Hughes. And I know that we're going to have a discussion later about whether or not to join DEP. Is there anything that bars us, because the county staff is currently engaging in testing of the site around the well along with Collier Resource's cooperation, we've got all the experts, you know, being retained and going out there to do the testing. If we don't join DEP's suit, do we preserve our right to sue the Dan A. Hughes Company under a tort action if subsequently it's discovered as a result of our experts coming back to us and telling us Page 27 September 23, 2014 that there is contamination, can we pursue litigation subsequently once there is, you know, actual confirmation that there is some sort of injury? MR. KLATZKOW: That is something DEP would do. COMMISSIONER HILLER: I don't care about DEP, I want to know about us. MR. KLATZKOW: If DEP does not do it, what could we do after that? Just off the top of my head, I think what we would do is an action to compel DEP to take action. COMMISSIONER HILLER: But we would have the ability to do that. In other words, we don't lose our rights to file suit if there is injury to the county. MR. KLATZKOW: No. COMMISSIONER HILLER: Now, I have another question, and I don't know which of you can answer this. Bonding. Did you have to post a bond with the state? MR. HUGHES: I believe I can answer that. Yes, ma'am, we posted a million dollar bond with the DEP for -- and I'm not sure what all -- plugging. MR. CHAPMAN: Plugging and banding reclamation. MR. HUGHES: Yes, there is a bond in place to -- COMMISSIONER HILLER: That bond is with DEP. That is with the state, correct? MR. HUGHES: Yes, ma'am. COMMISSIONER HILLER: County Attorney, would we be able, and obviously there has to be some agreement, would we be able to get a bond in favor of Collier County to protect us? Like let's say we asked for a million -- an additional million dollar bond to protect Collier County in the event there is a discovery of some sort of contamination pursuant to the inspection by our experts. MR. KLATZKOW: You don't have the right to get one. You Page 28 September 23, 2014 would have to either get one voluntarily from Hughes or you would have to try to compel it through litigation, but you do not have the right. COMMISSIONER HILLER: All right. Well, if we don't have the right but we can ask, then I'm going to ask, and I'm going to ask if the Board would support me, to request that the Dan A. Hughes Company provide an additional bond to protect the interests of Collier County to the tune of another million dollars. CHAIRMAN HENNING: Well, if you're talking about for any potential which hasn't been discovered yet -- COMMISSIONER HILLER: Yes. CHAIRMAN HENNING: -- any potential damage to the -- our water source or the environment, you better ask for a billion dollars. If you recall the BP oil spill, that is not even one billion dollars, it's billions of dollars of lawsuit against that. So if you truly want protection, you know, make it sufficient enough to cover any kind of damage to the environment or water source. COMMISSIONER HILLER: Well, first of all, you know, DEP thought it adequate to have a million dollar bond. Secondly, we preserve our right to sue if any damage is uncovered that goes beyond. But at a minimum we would have a million dollars to protect Collier County in addition to the million dollars that the state has. So you would have $2 million to start the process of curing any possible injury while at the same time having the ability to sue if anything is uncovered. I mean, I think -- you know, I pick a million because that's what the state picked. So, you know, I'm sure they've come up with that number based on a determination that that would be reasonable under the circumstances if there was some injury. You know, this is not the -- what's the name of that boat, the Exxon Valdez, what's the name of the big oil spill, that's the one, right, or the BP oil spill, this is not on Page 29 September 23, 2014 par with that. This is not on par with that. And I think you have to be reasonable. Now, I don't know -- again, I'm basing that million dollars, I think we need protection now, I think we need a bond in favor of Collier County. I think it should be equal to what DEP required of Hughes. And I think we should preserve our right to sue based on a determination that there's an injury. I don't think we should sue without evidence that there is injury. And if we preserve our -- if the County Attorney says we can sue at a later date, either by compelling DEP to sue or by independently going after the Dan A. Hughes Company, then I think we should do that once we have the evidence. But I don't like to see public funds spent on litigation ahead of knowing that we have injury. On the other hand, I don't like to see us unprotected without our own bond. I'd like to save our money. I mean, if we're going to sue, then I want to save every dime we have to be able to sue once there is evidence of injury on the record. CHAIRMAN HENNING: Is there anything else? (No response.) CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I'd just like to make a brief statement about what I've heard here today, and then make a recommendation. There is substantial disagreement between the positions of DEP and Hughes that has led to the creation of perhaps a lot of opinions both on this Board as well as in the public. My interest is finding out who is right in order to hopefully influence legislation in Florida that will perhaps solve any future problems of this nature. And having said that, I think this particular discussion should take place while we are talking about joining DEP in the suit against Hughes. That might be the only way we find the answers to these questions. Because if Hughes and DEP continue to disagree on the Page 30 September 23, 2014 facts of the matter, we need to find a better way. And maybe the only way is by joining that litigation. But I think we should have this discussion later when we have an opportunity for public input. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: And I don't have a problem waiting CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. Mr. Hughes, I just want to ask you a couple of questions on your acid reworking process. How old is this technology, to your knowledge, sir? I mean, has this been done for a long period of time? MR. HUGHES: It's been done for a long period of time. I don't -- Wade Chapman may -- do you have any idea how long we've been acidizing wells? MR. CHAPMAN: No, I would say probably since the Thirties. COMMISSIONER NANCE: Is this a process that has been used more for horizontal -- wells that are drilled horizontality rather than traditional vertical wells, or there is no correlation between the use of this -- MR. HUGHES: Well, I don't know the exact number, but it's been used in vertical wells, as Mr. Chapman said, since the Thirties. It's done in thousands of vertical wells, a number of horizontal wells. It's a newer technology, but I can't quantify the number of either one. But it's an old technique that's been proven. As Mr. Chapman said, acid in your water in Florida wells are acid pumped into them to increase a deliverability. So it's used not just in oil and gas but also in water well operations. COMMISSIONER NANCE: So to your knowledge, in the Sunniland formation -- and I realize your competitors are the ones out there that have been engaging in oil and gas exploration in Collier County. Have they been using these acid reworks in Collier County? Page 31 September 23, 2014 MR. HUGHES: Yes, sir. And recently in horizontal wells have been acid reworks in Collier County. COMMISSIONER NANCE: Is this something that's typically a proprietary trade secret, or are these techniques generally similar? MR. HUGHES: Wade, can you answer that? It's getting above my expertise. MR. CHAPMAN: For the most part people in the industry know what other operators are doing. You know, we're both working with all the same surge companies. If they do something different that works really well, they may try to keep it secret for a while. Like in this case we drilled this horizontal well and combining the sand with the acid we were trying to evaluate it and see how it was going to work, thought maybe we might have a competitive advantage that we didn't want to release. COMMISSIONER NANCE: Right. But hydrochloric acid is typically the primary product that's used? MR. CHAPMAN: It's very common, sure. COMMISSIONER NANCE: All right. And the rest of it -- on the 17 secret herbs and spices that are your proprietary blend, what percentage of the injectable fluid would be something proprietary versus hydrochloric acid? I mean, just as a guideline. I'm just trying to get a sense of it. If you use 12,000 gallons of hydrochloric acid and there are other products that assist that, what percentage of that injectable fluid -- MR. CHAPMAN: Really what was unique that we did was combining the gel and sand with the acid, rather than just doing strictly an acid job. Hopefully -- like I said, we were hoping the sand might erode the limestone or just help the productivity a little bit. COMMISSIONER NANCE: All right. I just wanted to get a little background as to the general state of the industry in Collier County with, you know, yourselves as the Dan A. Hughes Company Page 32 September 23, 2014 versus other people that are out there with active wells at this time. Thank you. CHAIRMAN HENNING: Okay, before I go to Commissioner Hiller and Commissioner Fiala, I have a couple questions. How many different formations -- going by your chart, how many different formations are between the boulder zone and the Sunniland? MR. CHAPMAN: On the log that I counted between the Sunniland and the boulder, it only -- the log was only shown on there up to the boulder zone. But there were 60 different anhydrite layers. CHAIRMAN HENNING: Sixty? MR. CHAPMAN: Yes, sir. CHAIRMAN HENNING: Sixty layers, different layers. MR. CHAPMAN: Sixty red -- there were a lot more layers than that, but of the impermeable anhydrite layers, there were 60 layers of just anhydrite. The Collier Company said seven. I think they were grouping some of those layers. There were more like seven groups, but actual individual layers, there were 60 layers. CHAIRMAN HENNING: The slurry that was used in the acid fracking, that was pumped back out, correct? That was -- MR. CHAPMAN: Yes, it -- CHAIRMAN HENNING: -- taken back out? Let's talk about what happened to that after it was pumped out. MR. CHAPMAN: After you do a stimulation job, you open the well up and hopefully it flows back. In this case we didn't get all of our -- all the fluid we pumped into it, we didn't get it all back and we did end up having to put the well on pump, because the well ceased to flow. CHAIRMAN HENNING: Can you speak into the mic? MR. CHAPMAN: Sure. The well ceased to flow at some point, so we had to pump it. And Page 33 September 23, 2014 we were -- at that time we were getting oil and some of our stimulation fluids back. There was a study out by Penn State just this past week that I think there were some concerns in the public that when you pump stimulation fluids into a rock over time, you don't get it all back and over time it can come up through the different layers and reach the groundwater. What that study just showed, and it was just released a few days ago, was that the pores are so small in this rock that we're stimulating that once the water gets pumped into there, if you don't get it back from the wellbore, it will stay in there forever. It's called the capillary pressure. And so basically that rock just sucks -- it's almost like a sponge the way it sucks up water. That rock sucks that water up. And once it's in there, it can never be released. So what we didn't get back up through the wellbore and send onto an approved disposal well, it's going to stay in that rock. CHAIRMAN HENNING: Okay. Well, let's talk about the stimulation fluids that was pumped out. What happened to those fluids? MR. CHAPMAN: Tito, our completion eng -- Tito Hopkins, he's a completion engineer, he was actually there on-site also. But all of our fluids, the oil was sold and the water that we got back was sent to an approved commercial disposal site. CHAIRMAN HENNING: And where was that at? MR. CHAPMAN: Do you all know? It's in Miami. CHAIRMAN HENNING: It was trucked over to Miami? MR. CHAPMAN: Yes, sir. CHAIRMAN HENNING: How much was trucked over to Miami? MR. CHAPMAN: Do you know how many? Page 34 September 23, 2014 MR. HOPKINS: Roughly 7,000 barrels. MR. CHAPMAN: So not quite half of it; 7,000 barrels of 15,000. CHAIRMAN HENNING: Okay. I was told that there was a contractor on-site to clean up the water that was used, separate the fluids and that to clean up the fluid. Is that true? MR. CHAPMAN: What we had on-site was what's called well testers. And they have equipment on -- it's called separation. So all that equipment does, if you say clean it up, is it separates the oil from the water, gets the oil in a condition to where we can -- CHAIRMAN HENNING: Mr. Kremers, would you mind standing up? I believe that you told me this, that you had an experimental contractor on-site to clean up the fluids instead of shipping them off for disposal. MR. KREMERS: We would always ship it off. Michael Fitzsimmons was the name of an expert. He's got a Doctorate in Chemistry. We were doing an experiment on-site to see if we could treat the water on-site before it got shipped. The reason for that is just so it would be -- if it was clean water, it would be easier to dispose of; there would be more disposal companies which would accept it. It was done in an experimental basis on a very small scale. We never got to Phase II, which was can you treat it on a large scale. CHAIRMAN HENNING: And what was the outcome of that small-scale cleanup? MR. KREMERS: It was very favorable. He was able to clean up what amounted to -- I wasn't there so I really can't speak to that, but it was a small sampling, like a couple gallons. CHAIRMAN HENNING: Is there any way that you could provide the -- or would you provide the Board with that person's contact information? MR. KREMERS: Absolutely. CHAIRMAN HENNING: Thank you. Page 35 September 23, 2014 That's all the questions I have. Commissioner Hiller, then Commissioner Fiala. COMMISSIONER FIALA: Well, you can take mine off, because you just asked my questions about the fluid and the disposal of it. CHAIRMAN HENNING: You don't have anything to add to that? COMMISSIONER FIALA: That was what I wanted to ask. CHAIRMAN HENNING: Thank you. COMMISSIONER HILLER: I agree with Commissioner Coyle, we're not going to make any decisions now during this presentation, and obviously we want the public's input on any decision we make. The concern I have is that if there is no evidence of any environmental impact of what you've done, then we have entered a lawsuit and spent public tax dollars unnecessarily. If there is damage we have the right to sue and we would have those dollars available to require remedy for whatever injury you may have caused. And then of course the question is, you know, did you cause it or was, you know, someone else at fault. So my concern is, and this is for purposes of this future discussion CHAIRMAN HENNING: Can we wait 'til that future discussion? COMMISSIONER HILLER: I will finish my statement, thank you. I want to make sure that we carefully contemplate timing and getting additional security such as bonding in the interim. CHAIRMAN HENNING: Is there any other discussion? (No response.) CHAIRMAN HENNING: Okay, thank you. I think we can get at least one public speaker -- I mean public petition before we go to our break. Page 36 September 23, 2014 MR. OCHS: Yes, sir, Mr. Chairman. Item #6A PUBLIC PETITION REQUEST FROM ROBERT WALLACE REQUESTING A MORATORIUM ON DEVELOPMENT IN EXCESS OF LDC 6.05.01F AND USING DRIVEN PILINGS - MOTION TO ACCEPT PRESENTATION PACKET — APPROVED; COMMISSIONER HILLER MADE THE MOTION TO BRING BACK THIS ITEM TO A FUTURE MEETING — FAILED DUE TO LACK OF A SECOND MR. OCHS: Sorry, sir. That takes us to Item 6.A on the agenda this morning under public petitions. That is a public petition request from Robert Wallace requesting a moratorium on development in excess of Land Development Code 6.05.01(F) and using driven pilings. CHAIRMAN HENNING: I headed this public petition. I just want to say, there is a process for this, and that is an official interpretation of our Land Development Code that can be obtained by anybody. MS. WALLACE: May I approach with hard copies? CHAIRMAN HENNING: The Board needs to vote on whether they want to accept any material on that. What is it that you want to give us? MS. WALLACE: It's copies of the slide presentation. CHAIRMAN HENNING: Okay. You can give it to one of the gentlemen over here, and I'll ask the Board if-- or entertain a motion to accept the presentation by the Wallaces. COMMISSIONER COYLE: Motion to accept. COMMISSIONER FIALA: Second. Page 37 September 23, 2014 CHAIRMAN HENNING: Motion and second. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. THE COURT REPORTER: Who seconded the motion? CHAIRMAN HENNING: Commissioner Fiala seconded the motion. Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Okay, Mr. Wallace, you have 10 minutes. MR. WALLACE: Thank you. I'm here speaking in front of Collier County's Commissioners because after months of working with the Collier County Building Department I still have no resolution to the serious issue of increased flooding impact to the structure permitted next to where I live. This structure is currently permitted to exceed the house pad maximum height requirements of LDC 4.03.05(B). As a result it will change the existing floodplain, funneling flood waters onto both neighboring properties. The project incorrectly identifies impervious surfaces as pervious, which allows untreated runoff to flow onto the street and directly into Rookery Bay Estuary, increasing the risk of street flooding and reducing the quality of surrounding waters. LDC 6.05.01 limits the total building under roof and total Page 38 September 23, 2014 impervious surface coverage. To mitigate the effects of building in excessive of these limits a woefully inadequate drainage plan was submitted and accepted. My wife and I have identified another recently built property on our street that has been elevated in excess of LDC 4.03.05(B), and numerous properties that are built with sand set pavers excluded from impervious area calculations, as well as numerous properties that have deficient drainage plans allowing development in excess of LDC 6.05.01(F). I am in the belief that the project at 11 East Pelican Street is representative of a systemic problem in the interpretation and implementation of the LDC. I hope at the end of my time here today the Board sees the issues I'm raising as real and as concerning to you as they are to me. As a result, you issue a moratorium on permitting development of building in excess of LDC 4.03.05(B), and LDC 6.05.01(F) until substantive changes can be made to these sections of the LDC; that the Board directs the Building Department to begin requiring standards-based engineering when identifying pervious surfaces; and finally, that a stop work order be issued for the project located at 11 East Pelican Street until these issues are addressed. The Isles of Capri is an island community primarily made up of small lots. Most of the homes are waterfront and the entire community is in a FEMA designated flood zone. Heavy rains combined with medium to high tides result in frequent minor street flooding. Since all storm drains dump runoff directly into waters designated as part of the Rookery Bay Estuary, the storm drains become ineffective during rising tides. The secondary relief from rising waters resulting from heavy rains is between the houses. So if a project is permitted to be elevated in excess of the limits imposed by the LDC, it is negatively affecting Page 39 September 23, 2014 the floodplain. While the impacts of one such exception has a small total impact to the community, the cumulative effect of many exceptions will be devastating. In communities like the Isles of Capri where flood relief is between the homes, elevating the house pad and moving the septic drain fields to the side setbacks effectively walls off the street flooding from elevated properties. LDC 4.03.05(B) states: Exceptions to this section can be sought based on site stormwater retention design done by a professional engineer licensed in the State of Florida showing that the site has sufficient water quality retention, water quality attenuation on site to prevent the shedding of excess runoff onto neighboring properties and showing that floodplain compensation has been achieved. The drainage plan provided for this project does nothing to address this requirement. Its only stated purpose is to address the excess lot coverage. And in my opinion, backed by SWIFTMUD documentation, this drainage plan does not accomplish even that. The project at 11 East Pelican Street is permitted in excess of LDC 6.05.01(F). This section limits lot coverage as well as total impervious areas. The exception used to allow the overdevelopment of this lot is a site drainage plan signed and sealed by an engineer. LDC 6.05.01(F(2), the site drainage analysis shall include water quality calculations to SWIFTMUD standards and water quantity calculations done to accommodate the runoff from the areas in excess of ratio of a five-year one-day storm and shall include percolation test by a qualified engineer and technician. The approved drainage plan has no water quality calculation and there is no percolation test on the retention area included in the drainage plan. So let's take a look at a drainage plan and compare the design to a dry retention area provided by SWIFTMUD. The bottom of this permitted retention area is designated at four Page 40 September 23, 2014 feet N.A.V.D., and the wet season high water table is 3.29 feet. The discharge pipe will allow unfiltered runoff to flow directly into a body of water designated as an aquatic preserve. The retention area has almost the exact volume needed to hold the runoff from the excess roof. Its design factor is 1.2. I've got to wait for my slides to catch up. While your engineers will probably tell you that the runoff from the roof will be clean, research shows that potential for release of pollutants is substantial. SWIFTMUD states that the minimum design should be at least one foot above the seasonal groundwater levels. The SWIFTMUD design has a discharge pipe installed below the sod surface but above the seasonal high water table, allowing runoff to infiltrate through the soil prior to being discharged. The SWIFTMUD design suggests a factor of two, which makes sense when you consider that the rain falling on the roof is also falling in the retention area. Also of concern to me is the fact that a retention area requires regular maintenance, yet no easement will be recorded. And again I'm catching up. The Collier County Building Department has adopted a position that pavers set in sand are to be considered as pervious surface. The position is contrary to decades of research on the subject and contrary to the definition of pervious in LDC 108.02. Numerous research papers exist showing that particles, fine particles, clog the openings in pavers, rendering the surface impervious. Note the highlighted section. The permeability of joint-filling materials is key to long-term surface infiltration performance. This slide shows infiltration rates of several different size of joint aggregate, comparing the initial installation performance to the performance after several years of usage. Note that sands have the lowest initial infiltration rates. As a Page 41 September 23, 2014 result, sand is not recommended for use in joints, bedding or base for permeable concrete paver systems. And I'm waiting. This slide shows the proper design for a permeable paver system. Note that stone aggregate is used for the joints and the bedding. Studies have shown that properly designed and installed permeable pavers will significantly reduce runoffs and pollutant volumes. My time will not permit me to go into more detail of the problems in the permitting of 11 East Pelican Street. But other issues include the building of hardened structures in the setback that should have been a flood wave of rising waters. This area was also a VE zone just two years ago and now is now an AE zone. They're also calling a three-foot encroachment of the side easement of the pool deck a stair landing which they are claiming is permitted. And -- MR. OCHS: You have one more minute. MR. WALLACE: In summary, we believe that the permit on the 11 East Pelican should never have been granted and we believe that the use of sand set pavers in this county is not a correct solution as a permeable surface. It beeps. Anyway, I hope you'll take what I'm saying serious. There needs to be some changes in the Building Department, definitely on the Building Department's use of sand set pavers to reduce the impervious areas of newly constructed homes. CHAIRMAN HENNING: Thank you. Questions, comments by Commissioners? Commissioner Hiller? COMMISSIONER HILLER: This is a very serious issue. And the Land Development Code is law, and staff does not have the ability to provide variances to what is clearly provided for in the code. If there's an issue with respect to a variance, then hardship has to be Page 42 September 23, 2014 proven. CHAIRMAN HENNING: Who's to say there was a variance? COMMISSIONER HILLER: That's not the issue. That's not what I'm saying. I'm not saying there is a variance. I'm saying that if this builder had sought a variance, they would have to prove hardship. Otherwise staff has to enforce the code as written. Both sections of this code are extremely important. We've had major flooding issues in the Estates where homes were built improperly. And because of the amount of surface which became impervious, excess stormwater which should have been retained on-site was displaced and flooded neighboring properties. What was going on there, it was kind of like king of the mountain, who could build a higher mount and displace, you know, the excess stormwater onto the properties of older homes that were built at a lower elevation. That is illegal, all right. I mean, it's just point blank illegal. You cannot displace your excess stormwater on another person's property. That's called trespass. Which is why this law exists and why strict enforcement of this law is required on the part of our staff. So I move we bring this back, because this is an important issue, not just with respect to the specific facts of this case but with respect to the protection of all existing homes as against new development where this could very conceivably occur. CHAIRMAN HENNING: There's a motion on the floor. Is there a second to the motion? (No response.) CHAIRMAN HENNING: Seeing none, the motion dies for lack of a second. I've got to say, I disagree with your statement. Golden Gate Estates, I lived out there for a number of years. Commissioner Nance also. What I see in Golden Gate Estates is you have older homes that were built in the Sixties, Seventies and Eighties that don't comply to Page 43 September 23, 2014 the flood elevation standards. The neighbor next door builds on his property and therefore that neighbor's property is not used for storage, water storage, okay. Unlike a subdivision, approved subdivision where you have all lots equal level, Golden Gate Estates, I mean, there's wetlands, there's lower lands, there's uplands. It's all different. So I mean, I totally disagree with that statement. Who's next? Commissioner Fiala, Commissioner Coyle? COMMISSIONER COYLE: This has been going on for some time. I think the staff has taken a look at that. County Manager, what is the conclusion and/or recommendation of staff in this matter? MR. OCHS: Sir, the staff has concluded that this particular home is in compliance with your Land Development Code and Florida Building Codes. Mr. French is here to address any specific items. COMMISSIONER COYLE: Well, I'm interested in understanding why the presenter thinks it's very clear and our staff thinks it is in compliance. So I'd like to deal with that issue. MR. OCHS: Yes, sir. Mr. French? MR. FRENCH: Good morning, Commissioners. For the record, my name is Jamie French with the Growth Management Division. We certainly appreciate the Wallaces research. We spent a great deal of time with the Wallaces over the last two months answering their questions. And a number of the items that were presented today making reference to our Land Development Code do not simply apply to single-family homes, subdivided lots. Now, in this particular case, this is in a flood zone, there's no doubt. This is a AE-9. This home is built at 9.01 feet. It is -- and that is federal law that requires that the occupiable space be built at or above the flood zone. There is no free board. And also, this particular structure is built on pile caps, structural beams and stem walls. So in making reference to the LDC section that Page 44 September 23, 2014 talks about a typical foundation that would go through compaction and then you would pour a monolithic slab on top of it, this is not the case in this structure. We don't deny, this house is going to be much taller, because it is new construction, under the new FEMA regulatory guidelines on the flood maps compared to the neighboring properties that were built many years ago. COMMISSIONER COYLE: But it is not in violation of the code? MR. FRENCH: Sir, we have reviewed this at least no less than half a dozen times. And the Wallaces have sent us no less than 40 or 50 questions. And many of the questions are just the same questions, just asked in a different way. But we have taken the time to review every one of those questions. We have compared it to our review results. We have gone as far as having contact with the contractor and the design engineer. And there was a flood design done by professional engineer on this contractor, and there were some moderate swales that were added to the site plan to make us -- I don't want to say make us look at this different, but -- and to try to make the neighbors feel a little different about the project, there were moderate set swales that were added to the sides of the yard. Moderate meaning probably about four or five inches, but yet they were put in there to help mitigate any potential floodwaters that the neighbors may have a concern over. But they were not a requirement, according to the code. So we've been in contact with the design engineer, we've been in contact with the contractor, their legal counsel, the Wallaces. We've certainly done our -- given it our college try to make sure we can have this project move forward without violating any codes. MR. WALLACE: Can I respond to one statement that he made? CHAIRMAN HENNING: No, your 10 minutes is up. Thank you. Page 45 September 23, 2014 COMMISSIONER COYLE: Let me ask the question a different way. Do the FEMA regulations result in a situation which makes the flooding of adjacent yards of older homes inevitable? MR. FRENCH: In this particular case this lot is designed to flow to the bay, to the bay and to the swale. So not in this case. The water is supposed to flow into the bay. So it's not going to -- it should not flow onto the neighbors. And that's the way this engineer has designed this site. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, I went out to the property and took a look last week, as a matter of fact. In fact, I drove up and down that street, as well as other streets, because I've never had any complaints about flooding before. There's a lot of homes that have -- or a lot of properties actually that have new buildings on them and they -- because they're small lots they're built a lot higher, and so you have a little house and then a tall house and a little house and a tall house. And I haven't had any complaints from anybody on Capris. And I have a pretty close relationship with them all these many years. And I just haven't had any complaints at all. So I wanted to see for myself what the difference was. But it seems that that right now -- I'm sure when the Wallaces first bought they noticed that the newer houses were all pretty tall. And the other ones -- I like the little ones myself, because that's the kind of house I live in too, I just feel more comfortable in that, and so I can understand why they bought it. But as long as they're protected from all of the back run -- and I've talked with staff about this as well, and as long as they're protected from any flooding, I would believe that this should just be allowed to stand as it is, not make any changes to what's happening to the people's property. As long as they've already got that Page 46 September 23, 2014 all taken care of, they've complied with everything, they've gone the extra mile to do even more, I would think there's nothing else we can ask of them. MR. FRENCH: Commissioner, the obligation was made by the Administrator, Nick Casalanguida, and we will follow through with that to make sure that this home is fully in compliance with the plans that were approved. COMMISSIONER FIALA: Do we have steps along the way to ensure, like inspections and so forth -- MR. FRENCH: Yes, ma'am. COMMISSIONER FIALA: -- to ensure everything is done to prevent any flooding on adjacent properties? MR. FRENCH: Both building and engineering inspections will commence on this project as they advance and they call in those inspections. And I will tell you that our county engineer, Jack MCKENNA, who is licensed, like our building official, is a certified professional engineer, they will both be involved in making sure that this home is built to compliance. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yeah, the motion that I made was to bring back the issue of compliance with the LDC, not the Wallaces specific case, because that's the petition before us. So I want to clarify that. Because I do think this is a very significant issue that should be revisited and periodically updated through review by the Board. I want to go back to the statements you made, Jamie. I understand that you're saying you're going to ensure compliance with what you have approved. But what I would like to know is that in this particular case that you have made a determination on an engineering level that no excess stormwater will be displaced and cause flooding of Page 47 September 23, 2014 neighboring properties. And while I understand that -- you know, and actually I want to tell the homeowner, notwithstanding any representation by our staff that that would be the case, there is -- county staff doesn't have liability. So even if what they say is wrong and you end up getting flooded as a consequence of this house being built, your recourse isn't against them, your recourse would be in circuit court and to sue your neighbor for trespass because they in effect have immunity. So can you answer the question just for my information? MR. FRENCH: Because I'm not a professional engineer, I have our county engineer, Jack MCKENNA, who will answer the question. MR. MCKENNA: Good morning, Commissioners, Jack MCKENNA, your County Engineer. I spent a fair amount of time looking at this site. But I'll make my answers more generic. COMMISSIONER HILLER: I'd like them specific. MR. MCKENNA: I'm sorry? COMMISSIONER HILLER: I'd like them specific. MR. MCKENNA: Okay, let me start with generic and then we can go in specific, how's that? COMMISSIONER HILLER: Thank you. MR. MCKENNA: In this area, the flooding risk is really from surge. It's from tidal surge. It's a different situation from what we have out in Golden Gate Estates where it's a displacement issue. The challenge of dealing with the water here is a routing, you know, sending the water to the bay or sending it out to the right-of-way where it would then run to the bay. It's not a displacement function. So as Jamie had mentioned, we're going to be diligent in watching the home as it's being built. There will be final inspections happening prior to occupancy to make sure that the water isn't directed onto the neighbor's property. Page 48 September 23, 2014 The -- while I'm here I'll speak also, there's a lot of discussion on the pervious, impervious pavers. Let me just touch on that, if I may. There's pervious pavement, there's designs for pervious pavement with the District. The pervious pavers are not designed as a pervious pavement section. Everything has a relative level of pervious, if you will. Glass is pretty impervious, wood is a little bit more. Everything -- there's a spectrum. And when the -- what we refer to as lot coverage ordinance when this code was developed, the intent was to consider pavers set in sand to be pervious for the sake of this code. Would not allow that to replace water -- in that application, you would not use that as pervious pavement in a parking lot or something like that. But for the sake of this code, my predecessor Stan considered the pavers to be pervious. Again, they're relatively pervious, everything being relative. And so in my time in, you know, four plus years that I've been here, we've tried to be consistent in that interpretation, as that was the origin of the code. Relative to the specifics now of this home, the -- there is a retention area put in the back that then will discharge that holds the water and is an attenuation thing. It slowly discharges it through a three-inch orifice to the bay. COMMISSIONER HILLER: The attenuation for pollution? MR. MCKENNA: The lot coverage ordinance, it's more of a -- even though quality is mentioned in the code, it's really more of a quantity thing of thou shall not flood thy neighbor. It's particularly applicable where you're not near a discharge point, Naples Park, for example, where you have a lot of homes close together and a system that isn't very well defined and receiving those waters. Here the bay is the receiving water. It takes the water directly from the roads, it takes it from the lots, you know. So really, it's not a water quality thing, because even if you had grass, the runoff from the grass with the fertilizers is probably more Page 49 September 23, 2014 polluting than what's coming from the roof and the paver pool deck. But the codes being applied uniformly, we have talked -- in fact Stan's leading the charge with DSAC to look at some changes potentially to the code. If those changes -- one of the changes that we talked about having is if you're by a bay system, it doesn't really make sense, you have a free discharge point. It's not the same as being in Naples Park well in from your discharge point, that maybe there should be an exception in those applications. So -- COMMISSIONER HILLER: Can I just go back to my specific question? MR. MCKENNA: Sure. I'm sorry. COMMISSIONER HILLER: And that is within the -- and thanks for your explanation, and I understand and agree with what you said. But with respect to this specific home, when you reviewed the design, which considers the lot area ratio and the pervious versus impervious surfaces and you know what the potential rainfall is based on the various storms that you have to consider in these type of analyses, did you run the numbers and come to the calculation that based on the design that was presented, considering the lot area ratio and the types of surfaces being used, that there would be no displacement of excess stormwater on this gentleman's property? And that's just a simple yes or no. MR. MCKENNA: Yes, I did consider. COMMISSIONER HILLER: You calculated that. MR. MCKENNA: We looked at the amount of water being stored according to the lot coverage ordinance. That's all that happens for a single-family residence. It's not -- you don't run routings based on storm design events for a single-family. That's done for site development plans or -- COMMISSIONER HILLER: So you haven't done that calculation then. Page 50 September 23, 2014 MR. MCKENNA: Not for design storm event, no. COMMISSIONER HILLER: So you don't know whether or not excess stormwater will be displaced, given this design, based on certain storms? MR. MCKENNA: It's not a function of excess stormwater. The stormwater has its discharge point which is allowed to go to the right-of-way or to the bay. COMMISSIONER HILLER: Well, let me just clarify. When I say excess, I mean if the house would be designed in a different manner where, you know, it was expected that so much would be absorbed on the site if the design is bigger and goes beyond the lot area ratio standards that we have here, then you're going to have excess stormwater that otherwise would have been absorbed but isn't and therefore is displaced and will have that trespass, and you're telling me you haven't done that calculation. MR. MCKENNA: The stormwater is not being trespassed. It's not running onto the neighbor's property. It's by swales and berms; it's going front and back, primarily to the back. The -- COMMISSIONER HILLER: Because you've done the calculations ensuring that the swales have the ability to absorb that excess stormwater. MR. MCKENNA: It's a routing. It's routing the water. It's not looking at the absorption rate of the swales, that's where it's directed. COMMISSIONER HILLER: But the swale has to have capacity. MR. MCKENNA: It has to -- COMMISSIONER HILLER: It's okay, I understand. CHAIRMAN HENNING: We're going to take a 10-minute break. COMMISSIONER HILLER: Thank you. (Recess.) CHAIRMAN HENNING: Okay, I think we're done with 6.A, is Page 51 September 23, 2014 that -- anybody else have any other comments? (No response.) CHAIRMAN HENNING: Okay, let's move on to 6.B. Item #6B PUBLIC PETITION REQUEST FROM DAVID BOLDUC REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS PLACE AN ITEM ON A FUTURE AGENDA TO DISCUSS THE CREATION OF A PUBLIC BANK - PRESENTED WITH NO ACTION TAKEN MR. OCHS: Yes, sir, Item 6.B is a public petition request from David Bolduc requesting that the Board of County Commissioners place an item on a future agenda to discuss the creation of a public bank. MR. BOLDUC: Good morning. For the record, David Bolduc. Yes, I'd like to introduce the Commissioners to the concept of a public bank, specifically a Collier County bank. And I'm talking about potentially a future agenda item to talk about a potential funding feasibility study for one. As reported in Bloomberg recently and in other financial publications, the Federal Reserve, the FDIC and the OCC recently changed liquidity requirements for the nation's largest banks. And what they've done is that municipal bonds are going to be eliminated from banks' list of high-quality collateral assets starting January 1st, 2015. And as Ben Watkins said at the bottom of the page here, Director of Florida's Bond Finance Divisions, banks have been large purchasers of municipal bonds. Currently the large banks hold about 425 billion of municipal bonds. And if they're no longer going to be purchasing Page 52 September 23, 2014 them, in fact selling them, that's certainly been helpful in keeping rates low in the past which means, you know, rates are probably going to go up in the future for future municipal bond projects, or bond issuance. Now, banks hold about 425 billion of municipal bonds currently but, you know, where do they get the money to purchase those bonds? And what they did is they actually just created that money to purchase the bonds. They either borrowed it directly from the Federal Reserves essentially at zero interest rate, or they plowed back their profits from loans that they created out of thin air and received the interest back on those loans. Now there's a high level bankers documentation for that. Graham Towers, who was the Governor of the Bank of Canada from 1935 to 1955 describes the banking process this way: Banks create money, that's what they're there for. The manufacturing process of money consists of making an entry in a book, that is all. Each and every time a bank makes a loan new bank credit is created. Brand new money. It's also confirmed by Robert Anderson who was the Secretary of Treasury under Eisenhower from '57 to '61. He was quoted in the U.S. News World Report article where he stated: When a bank makes a loan, it simply adds to the borrower's deposit account in the bank by the amount of the loan. The money is not taken from anyone else's deposit, it was not previously paid into the back by anyone. It's new money created for the bank for the use of the borrower. More recently another confirmation is from an IMF economist, Michael Kumhof. He co-wrote a paper called the Chicago Plan Revisited, and he was -- CHAIRMAN HENNING: Hold on. Cherie', are you able to keep up? THE COURT REPORTER: No. COMMISSIONER HILLER: You have to speak slower so the Page 53 September 23, 2014 court reporter -- CHAIRMAN HENNING: Just slow down. MR. BOLDUC: Sony. I'm just trying to get it in in 10 minutes. At his presentation at the London School of Economics in November, 2013 he describes the banking process as this: The key function of banks is money creation, it is not intermediation. The banks do not wait for Granny to walk through the door and deposit some money so they can lend it to someone else. Instead what banks do is create new money, ex nihilo, out of thin air in the act of lending. And I emphasize, this is not a theory, this is a fact. So if municipal bonds issuance costs are probably going to go up, is there an alternative? And there is an alternative and it's to create a municipal bank and then loan for that municipal project rather than issue municipal bonds. You know, state, county and city municipalities, they cannot print their own money, but they can create their own banks modeled after the highly successful Bank of North Dakota. Established in 1919, the Bank of North Dakota is the only publicly owned bank in the United States. It is 100 percent owned by the State of North Dakota. So what the State of North Dakota does is they deposit all tax and fee revenue at the Bank of North Dakota. Then the Bank of North Dakota creates new loans, new money to finance infrastructure projects. And having its own bank allows North Dakota municipalities to fund municipal projects without raising taxes or incurring debt. This makes North Dakota municipal projects effectively interest free since North Dakota owns the Bank of North Dakota and the Bank of North Dakota receives the benefit of the interest. And it's been quite profitable for the state, in fact. The Bank of North Dakota has returned profits to the State of North Dakota and they returned over 400 million over the past decade. Well, looking at the bank of North Dakota economy, it's not Page 54 September 23, 2014 loading but I'll just kind of summarize it. It's essentially the top economy in the country. They're the only state that has been in a continuous budget surplus since 2008, the banking crisis. They have the lowest unemployment rate in the country by far. And in fact the legislators in the State of North Dakota are very popular. In 2011 they reduced income and property taxes by 500 million. In 2013 they reduced income and property taxes by 1.1 billion. And since 2009, essentially since the economic crisis, the Governor and the legislature have lowered all forms of taxation by $2.4 billion. So some people say well, North Dakota is rich in oil. But it's not about oil, it's about the bank, it's how you finance the infrastructure projects to extract that oil out of the ground and for their agricultural, which are the two dominant economies there. This is straight from the Department of Energy. This is total energy production when it's oil, gas and coal. And North Dakota ranks 12th. So it's not the oil, it's about how they finance it. To really kind of hit home on how it's not the resources, it's how you finance those recourses; I think a great way to look at it is look the debt level of Canada. This graph at the top comes from Statistics Canada, and it is the gross Canadian federal debt since 1867 confederation to 2008. And to get out of the depression, the government of Canada in the Thirties created the Bank of Canada. So what they did is they borrowed directly from their own bank starting in 1939. So from 1939 to '74 the government of Canada borrowed from their Bank of Canada. And in '74 they joined the Basel Committee at the Bank of International settlements and discouraged them to no longer do that. And rather than borrow from their own bank they just issued Canada's bonds and auctioned them off to private banks. But you can see how successful it was. From 1939 to 1974 Canada funded major public projects, including the production of large Page 55 September 23, 2014 numbers of aircrafts for World War II; free education for returning soldiers and the young; old age pensions; TransCanada Highway, which was the longest highway in the world that was built; St. Lawrence Seaway, the longest inland waterway in the world; they built the Welland Canal, which is west of Buffalo, which connected Lake Erie and Lake Ontario so you could directly ship goods from the Midwest to the Atlantic; built hydro-powered dams; universal healthcare and Canadian Post Office was financed virtually debt free. And you can see the debt level of Canada once they started auctioning their bonds to private banks, again, who created that money out of thin air to buy those bonds. They couldn't keep up with the debt level or the interest rates -- or the interest banks, excuse me. When we're talking about creating potentially a public or a municipal bank, it's actually the safest banking structure in the world. In early September Global Finance Magazine released their 50 safest banks for 2014. And I've summarized the top 10. And you look at it, all 10 of them are publicly owned or municipal banks. And actually this is a very prestigious list. And these banks are going to be honored at the combined IMF World Bank annual meeting in October. It's interesting to note after the 2008 economic crisis, only five banks in the world were able to maintain their AAA ratings from the three large rating agencies, which are S&P, Moody's and Fitch. All five banks are on this list. And I kind of point to number eight on the list, one in France. It's Caisse des Depots et Consignations. That was created in 1816. So for, you know, I'm sure there were some naysayers back then who said, you know, a public bank or a municipal bank's going to be a train wreck, but 200 years later it's one of the five banks in the world that still maintains its AAA rating from all three rating agencies. So what are some of the financial benefits if Collier County were to create a public bank? Well, in the future it would not have to issue Page 56 September 23, 2014 municipal bonds, it could just issue a loan from its own bank. But, you know, from day one, one thing it could do is issue a $550 million, you know, total cash is roughly about $600 million when you have the short-term working account and the longer term enhanced cash investments, from what I could tell from Mr. Brock's reports. They could issue a loan to the government of Collier County and buy back the $550 million of existing debt. That would save about 55 million per year for, you know, a savings of 1.4 billion over the next 25 years. And you could buy back other municipalities or other nonprofits that have issued bonds. NCH Healthcare, we could buy back the 104 million that they issued in 2012. We would be able to capture the 179 million payments that they're going to be making over the next 25 years. Arlington Naples, we could buy back the 100 -- or they could -- we could issue a loan to them and they could buy back their 190 million bond issuance or municipal bond issuance that they had in 2013. Again, being able to capture the 408 million that they're going to pay back over the life of that bond. So essentially if we were to talk about creating a public bank, just from these three areas we -- Collier County could see a combined savings and potential new revenue of over two billion over the next 25 years. And since it's a traditional working bank, the cash would be deposited at the bank, it could issue checks, and it would -- we'd never have to get into the discussion of where to I guess deposit our cash, we'd deposit it in our own bank. CHAIRMAN HENNING: Questions, comments from the Board members? Commissioner Hiller? COMMISSIONER HILLER: Yeah, I want to thank you so much for coming to speak. I think you put a lot of effort into your presentation. And you and I had spoken about this going back several Page 57 September 23, 2014 years; you came to my office once to present the idea. It is a very interesting idea and it is one that I think should be lobbied to the state legislature. Maybe you'd like to lobby Senator Richter who's sitting in the audience about it. And I'm not joking, I'm serious. I think it is something to look at. I don't know if we can do it in the State of Florida. I don't know what our current laws are, whether or not it's allowable. But it is something to be considered, because there are other, you know, European banks that are owned by their governments and you correctly point out they are well regarded and they do benefit the local, you know, or the state jurisdictions. MR. BOLDUC: Right, that's why I -- COMMISSIONER HILLER: Whatever the political jurisdictions that they serve. MR. BOLDUC: Exactly. That's why I feel a feasibility study or discussing it would be of interest, because it's not that expensive. If you do decide to do one, it would probably be around $10,000. And, you know, they can ferret out all those issues, you know, once the current legal structure -- you know, how does it get created essentially, if that's the choice. COMMISSIONER HILLER: Yeah, I can't speak to any of that, I'm not familiar with any of that. But I think it's something that could be looked at. Thank you for coming today. CHAIRMAN HENNING: Any other questions? (No response.) CHAIRMAN HENNING: Thank you. MR. BOLDUC: Okay, thanks. CHAIRMAN HENNING: Next item? Item #1 OA Page 58 September 23, 2014 AUTHORIZING THE COUNTY ATTORNEY TO ADVERTISE FOR FUTURE CONSIDERATION AN ORDINANCE AMENDING ORDINANCE NO. 2012-23, WHICH ESTABLISHED THE COLLIER COUNTY PUBLIC SAFETY AUTHORITY — APPROVED WITH ADDITIONAL VERBIAGE (PER THE AGENDA CHANGE SHEET) MR. OCHS: Yes, sir, next item on your agenda is Item 10.A. It's a recommendation to authorize the County Attorney to advertise for future consideration an ordinance amending Ordinance No. 2012-23 which established the Collier County Public Safety Authority, and further amend the Public Safety Ordinance to provide that the Public Safety Authority will be a five-member citizens committee with members having no affiliation with any hospital, fire district, EMS, municipality or Collier County Sheriffs Office, and eliminating the Medical Director's sub-committee. And this item was placed on the agenda by Commissioner Henning. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion and second to approve. Discussion on the motion? COMMISSIONER NANCE: Yeah, I'd like to make one comment. I would like to thank Commissioner Henning for bringing this forward. I think it's been needed for a long time. And I think the additions that were on the change sheet answered all the questions I had, so I certainly support it. CHAIRMAN HENNING: And we know this is coming back for potential final ratification. However, we do have public speakers. MR. MILLER: Mr. Chairman -- COMMISSIONER HILLER: I have a comment. Page 59 September 23, 2014 COMMISSIONER FIALA: I have a question. CHAIRMAN HENNING: Okay, before we do that, we have Commissioner Hiller wants to make a comment and Commissioner Fiala wants to -- has a question. Go ahead. COMMISSIONER HILLER: Yeah, I think, Commissioner Henning, in your summary you improperly stated that the reason there was low attendance was because of concern over Sunshine. That isn't the case at all. I received an email from Reg Buxton, who was the chair. And he properly points out, and I'm going to read this into the record because he could not be here today and so I would like his words reflected on the record. He properly points out that the committee became disillusioned when the tremendous volume of effort that the committee engaged in to try to make good recommendations to the Board was disregarded by the Board. And I'm going to read to you what Reg said. CHAIRMAN HENNING: And I appreciate his opinion. COMMISSIONER HILLER: "Georgia, I see on the agenda tomorrow is the PSA. Let me say a few words on this. The PSA had two controversial items given to us to vet and return a recommendation to the BCC. Many hours of individual and group thought went into the two recommendations sent to the BCC. The time was given willingly by the PSA to reach a decision that including input by all members of the PSA. As you know by looking at the PSA member list, it contains many leaders including COO, CEOs and business leaders in the community. All decisions that led to the recommendations given the BCC came from these people. Since the last recommendation Corkscrew was treated lightly, as was the recommendation for Medical Director. It has been impossible, despite members caring deeply about the PSA, to get a quorum. The reason for that is plain and simple. The members of the PSA, the leaders in the community, see that their Page 60 September 23, 2014 decisions are not taken seriously and therefore why provide them. The thought process that the Sunshine Law prevents various members from talking to each other during business hours is true, but this was brought up strongly when the PSA was formed. A true Public Safety Authority would have its members coming from the community preferably with great problem-solving skills and a great deal of common sense. This group, which should represent all areas of Collier County would then discuss the problem put before it and call in experts in the field to present to them the facts and process of the problem. Then the PSA would without politics make a recommendation to the BCC. Respectfully, Reg Buxton, Chair of the PSA." Now, one thing to be clear on with respect to Sunshine is the only thing these members could not do is speak about matters coming before the PSA for a vote. But once -- but they could speak and work together otherwise. Just to clarify. And it has to be remembered that the reason that the PSA was created was it was intended to be the launching organization for what was going to be the independent authority to oversee EMS operations in Collier County. Disbanding the PSA suggests that we're also abandoning the purpose for which it was created, which is to divest Collier County of the responsibility of managing EMS and consolidating it in this independent political entity. I am not sure that, you know, having five citizens on a committee is going to help us in deciding public safety policy. The mix of professionals with citizens is what was important. So I can't support your motion for those reasons. I don't see, you know, leaving these professionals out of the mix making sense. And I see this as the Board's abdication of its original intent when it created the PSA. CHAIRMAN HENNING: Thank you for your legal opinion. Commissioner Fiala, you have a question? Page 61 September 23, 2014 COMMISSIONER FIALA: Yes, I do. First of all, I like your amendment. I think that that clears up a lot of problems that we could have with the Sunshine. And I just wanted to ask the County Attorney, do you feel with this motion we can have a committee that can function without any problems with the Sunshine, being that everybody is being chosen from the community itself and it's going to be our responsibility to select people that would have some background and knowledge to lead this committee forward? MR. KLATZKOW: The committee as proposed reconstituted would have no Sunshine issues. COMMISSIONER FIALA: Okay, good. Thank you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I'd just like to make a brief statement concerning the function of the PSA. And I normally agree wholeheartedly with everything Commissioner Hiller says, but we might have a difference of opinion here today. In my opinion the PSA is a failed organization that got itself involved in political maneuvering and in my estimation unethical behavior with respect to several contentious votes. Some agencies refused to vote because they didn't want to be caught in a situation where they might be criticized. All of which served to influence the votes that they did make. And negatively so. So I think this is a good change. As a matter of fact, some of the people who had advocated the creation of this organization actually resigned because of its conduct. And I think it's clear what happened there. And the best thing to do is get rid of it. And I think Commissioner Henning's recommendation is an excellent one and I will continue to support it. CHAIRMAN HENNING: Yeah, I don't want to get away from input. And it's the reconstitution of a committee, it is not a Page 62 September 23, 2014 disbandment which I think was referred to twice. Talking to our chief, EMS chief, he talks to the professionals all the time and gets their input. And in fact I know that speaking to the East Naples chief and fire commissioners now we have a joint facility because of that. And decisions are made upon a good input, not political input, okay. And that's what we need and that's what our staff needs is good input on how we can serve the public better. And, you know, we have an award winning department here. And I don't want others to have control of it. I think it's the public's asset and the public should have input. So with that said, let's call the public speakers. MR. MILLER: You have one registered public speaker. Michael Murphy. MR. MURPHY: Honorable Commission and public, my comments will be in reference to the City of Marco Island and our service that we provide. The concern I bring before you today is the concern of the City of Marco Island -- CHAIRMAN HENNING: You're speaking for the City Council? MR. MURPHY: I'm speaking on behalf of Marco Island Fire Rescue, and I've had a discussion with my City Manager. CHAIRMAN HENNING: Thank you. MR. MURPHY: And I will bring in my council at the end of it. The concern I bring before you is concern of the City of Marco Island Fire Rescue and Marco Island. Marco Island Fire Rescue has always enjoyed a partnership with Collier County and EMS. We have walked the walk in the provision of patient care through all of the good times and bad since I've been here in 2001. When other departments dropped out, we walked the walk, we paid attention to what the Medical Director did and wanted and we've always been a great partner in the delivery of care. Page 63 September 23, 2014 You are about to change this ordinance, or you are looking at changing this ordinance and you intend on potentially making it a citizen based ordinance. I will go back to the original MSAC that was created in the Eighties or Nineties and the City of Marco Island had a representative on that MSAC. And I would request that the City of Marco Island again be given a representative on whatever committee is created that you determine to be created. It is your ordinance and your advisory board. When that committee is created, I would like the City Council of Marco Island to name its representative that will sit on that board and represent Marco Island and the citizens and the delivery of care that the citizens of Marco Island will attain. That is my request. Thank you. CHAIRMAN HENNING: Thank you. Any further discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HILLER: Aye. CHAIRMAN HENNING: Motion carries 4-1, Commissioner Hiller dissenting. Next item? Item #10B THE BOARD DIRECTS THE COUNTY MANAGER TO REVIEW Page 64 September 23, 2014 AND PROPOSE REVISIONS TO THE COUNTY'S INVESTMENT POLICY GIVEN THE CURRENT ECONOMIC CLIMATE AND CHANGES IN STATE LAW WHICH HAVE OCCURRED SINCE 2002; THAT THE COUNTY ATTORNEY REVIEW COUNTY ORDINANCE 87-65 AND RESOLUTION 95- 552 (AS AMENDED IN 2002), AND STAFF'S RECOMMENDED INVESTMENT POLICY MODIFICATIONS TO ENSURE COMPLIANCE WITH FLA. STAT. 218.415 AND APPLICABLE LOCAL LAW, SUCH AS THE COUNTY'S PURCHASING ORDINANCE; AND, THAT THE COUNTY MANAGER AND COUNTY ATTORNEY JOINTLY REVIEW THE CLERK'S OPERATIONAL RULES GOVERNING DEPOSITS AND INVESTMENTS OF COUNTY FUNDS TO ENSURE CONSISTENCY WITH THE BOARD'S SAFEKEEPING AND INVESTMENT PLANS AND POLICIES, AND, LOCAL AND STATE LAW. THAT THE UPDATED INVESTMENT POLICY BE BROUGHT TO THE BOARD FOR APPROVAL AT THE FIRST BOARD MEETING IN OCTOBER - MOTION TO APPROVE AND THE COUNTY MANAGER TO CONSULT WITH PFM TO REVIEW THE CURRENT POLICY AND BRING BACK ANY RECOMMENDATIONS TO UPDATING IF NEEDED BY THE NEXT MEETING IF POSSIBLE — APPROVED MR. OCHS: Item 10.B is a recommendation that the Board direct the County Manager review and propose revisions to the county's investment policy given the economic climate and changes in state law which have occurred since 2002; that the County Attorney review County Ordinance 87-65 and resolution 95-552, as amended in 2002; and staffs recommended investment policy modifications to ensure compliance with Florida Statute 2.08.415 and applicable local law, such as the county's purchasing ordinance; and that the County Page 65 September 23, 2014 Manager and County Attorney jointly review the Clerk's operational rules governing deposits and investments of county funds to ensure consistency with the Board's safekeeping and investment plans and policies and local and state law; that the updated investment policy be brought to the Board for approval at the first board meeting in October. And Commissioner Hiller has placed this item on the agenda. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yeah. As a result of all this discussion about our bank depository, you know, the decision to hold cash as an investment decision, where to hold cash is part of that investment policy decision-making process. And it became very obvious to me as I was reviewing the information that we had available to us that our investment policy, which has not been updated since 2002, needed updating. And I remember in the past Commissioner Coyle bringing out questions about how our surplus funds were being invested and not getting answers to his satisfaction. So I reviewed the information out there and felt that it was really incumbent upon us as a Board to direct the County Manager to do what's in this recommendation as just read by Leo and to have the County Attorney work with him to bring back an updated investment policy and amend the ordinance, if necessary, and to review the rules, the operational rules that the Clerk is operating under to ensure that they match what our direction is. I still don't know what the Clerk is doing. I have no idea who he's using to make investments. I've done a public records request for the third-party custodial agreements. I have not received responses on that. I've made a public records request for the internal controls governing securities; I have not received a response on that. So I have concerns and I felt it was appropriate for staff to essentially, you know, update and ensure that everything that is done will be in conformance with what their recommendation is. Page 66 September 23, 2014 So with that, I make a motion to accept the recommendation as read by Leo. COMMISSIONER COYLE: And I second the motion. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Maybe the more appropriate -- the County Manager doesn't have any expertise on investment policy. However, there is a financial -- fmance committee that I think would be more appropriate where you have people from county utilities on there, you have the director and staff members from the fmance department and the finance director from the Clerk of Courts. That's my opinion. But that would be a suggestion for a motion. However, Commissioner Hiller, have you -- you've said you've done public records request on information on who the financial adviser is to the -- COMMISSIONER HILLER: No -- CHAIRMAN HENNING: -- Clerk of the Court? COMMISSIONER HILLER: -- that's not what I said. And staff can send you the request that I made. CHAIRMAN HENNING: Pardon me? COMMISSIONER HILLER: I said staff can send you the request I made. CHAIRMAN HENNING: I'm asking a simple question. COMMISSIONER HILLER: I'll send you the request I made. I'll pull it up right now. CHAIRMAN HENNING: We're talking about an issue -- COMMISSIONER HILLER: I talked about the request that I made is -- I'll read it to you specifically. It was regarding the custodial accounts. Let me just take a look here. Actually, Jim, if you don't mind, can you take my iPad and do a search for the records request that I've made to the Clerk? Look under my sent files and you can see what was made. And go ahead and pull Page 67 September 23, 2014 it up for us, please, so we can continue this conversation. Thank you so much, Jim. CHAIRMAN HENNING: By the way -- COMMISSIONER HILLER: Just what was sent, and it was what was sent to Dwight. You can have a seat, thanks. CHAIRMAN HENNING: The law that's governing the investments is not the statute that you provide in the -- in your executive summary, in your backup. Would you like a copy of that? COMMISSIONER HILLER: I'd be happy to accept anything you're relying on. But maybe you'd like a copy of what I have. CHAIRMAN HENNING: Well, I have a copy of what you put in the record. It's not the Florida statutes governing the investment -- or investment policy. COMMISSIONER HILLER: If I may, Commissioner Henning, it's Section 218.415 and the title is Local Government Investment Policy, so I do believe it's applicable. If there's anything else that's applicable, my executive summary specifically provides that the County Attorney shall pull all applicable state and local laws and review the policy proposed by staff in accordance with that. And in response to your statement about the finance committee deciding policy, we will -- we have a financial adviser on staff who is under contract -- not on staff, forgive me, under contract with us who -- is that right, Leo? Who do we have? Who do you have available to consult with? MR. OCHS: I believe it's PFM is your consulting -- COMMISSIONER HILLER: On financial matters? MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: So you were intending on going to talk to PFM to help them -- to have them help you write up the actual investment policy? Page 68 September 23, 2014 MR. OCHS: To review it, if-- COMMISSIONER HILLER: Sure. MR. OCHS: -- that's the Board's direction. I think that would be a logical consulting -- COMMISSIONER HILLER: I'll add that, to have PFM review it. CHAIRMAN HENNING: Is that an amendment to your motion? COMMISSIONER HILLER: Yes. Thank you so much. CHAIRMAN HENNING: Is that the amendment to the second? COMMISSIONER COYLE: Yes, I'll recognize that amendment. CHAIRMAN HENNING: Okay. And then I do -- you know, the annual audits, and I have some in my office, I could show you the exact language that the auditor reviews the investment and he makes a statement that is compliant to Florida Statutes 218.415. Every year over and over and over. So there is an oversight. And if you still have your audit reports, I'd be glad to highlight that for you. COMMISSIONER HILLER: No, that's not the issue. CHAIRMAN HENNING: Well, that was one of the -- COMMISSIONER HILLER: That is one of the issues. I'm not sure how the auditor can give a legal opinion as to whether or not we're compliant with the statute. But what I will say is that we are not, and we will have our County Attorney and our County Manager, assisted by our financial adviser, update the policy so it addresses those things that should be considered in a prudent investment policy. But I guess what I'm hearing you say is you don't want the investment policy reviewed and updated for the benefit of the protection of the public's funds is what I'm hearing you say. CHAIRMAN HENNING: No, I didn't say that at all. COMMISSIONER HILLER: Okay. CHAIRMAN HENNING: What I said was, and it actually is in the Florida Statutes, that a Certified Public Accountant shall look at the investment. Page 69 September 23, 2014 COMMISSIONER HILLER: Of course. CHAIRMAN HENNING: And make sure that they're compliant to any of all laws. And again, that's in -- right here, Commissioner. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: I'll point it out on Page 4 of 5 of the documents that I gave you. Is right here, number 22, audits. Certificate of public account in conducting audits, like we do every year, of any local government pursuant to Florida Statutes 218.39 shall report as part of the audit on whether or not the unit of local government has complied to this section. COMMISSIONER HILLER: Yeah, that's in the statute. CHAIRMAN HENNING: And that section is 218-415. And it's in your annual audits every year. COMMISSIONER HILLER: Well, it's our duty to ensure that it's updated and compliant. CHAIRMAN HENNING: So can you respond to the question about public records that you have -- COMMISSIONER HILLER: Of course. I'll read -- I actually sent in an earlier public records request. But I'll read you -- I amended it because I wanted it for a longer period of time. I said, I'm amending my previous request to the following: All records relating to the solicitation procurement of the current investment management of BCC funds of the contract, including but not limited to the RFP selection committee, tapes, minutes, ranking schedule, selection committee meeting, public notices, all ranking notes generated by the Clerk and his appointed selection committee, all bid protests, email addresses of where the RFP was sent, existing contracts, et cetera. So that's what I asked for. And this is regarding the Investment Management Services contract. And I'm assuming the Clerk has hired an investment manager. I mean, I believe we invest about, if I Page 70 September 23, 2014 remember correctly, about $600 million in securities. I hope that when he is executing the policies that currently exist as previously approved by the Board that he is using an investment management service provider to make the decisions how $600 million is being invested. CHAIRMAN HENNING: So you're assuming that they hired somebody to give them advice on how they should invest the money. COMMISSIONER HILLER: I'm asking him to provide me the contract of who he's using to provide investment management advisory services or investment services, if you will, simplified. I think it's pretty clear. I'm assuming nothing. I want what he's got and he's not producing it. And that's a violation of Sunshine. I mean, the bottom line is he should be producing it in the time it takes to pull out of his drawer. That's what the law provides. If he doesn't have it, then he should respond that he does not have an investment management service provider. If he's got some other arrangement that, you know, involves a contract then he should produce that. CHAIRMAN HENNING: So you're assuming that he has an -- COMMISSIONER HILLER: I assume nothing, sir. CHAIRMAN HENNING: Okay. You just stated -- COMMISSIONER HILLER: I'm asking the question. I'm asking for him to produce documents, and he has failed to provide them. CHAIRMAN HENNING: Have you ever considered calling the Constitutional officer? COMMISSIONER HILLER: I'm not required to call anyone. If I make a records request, I can do it in writing, I can do it orally, and I don't have to state my reasons for doing so. CHAIRMAN HENNING: I'm just saying, I thought we were all supposed to be working together, that's all. COMMISSIONER HILLER: We are working together. CHAIRMAN HENNING: Okay. Who is next? Sorry I missed it. Commissioner Coyle. Page 71 September 23, 2014 COMMISSIONER HILLER: The problem is he's not being responsive and the law requires him to be responsive. My staff-- CHAIRMAN HENNING: Are you done? COMMISSIONER HILLER: Our staff doesn't even know. CHAIRMAN HENNING: Are you done? Are you complete? COMMISSIONER HILLER: Thank you, yes. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I view this as a request for information. It doesn't specify any particular actions that would be taken, and I think it's fair that we get this information so that we can determine if the investment policy needs to be changed. And the request for information I think is relatively simple. But it appears not to be. Because when I made this request probably six years ago, rather than having the person who is responsible for making the trades for our investment instruments, we got a presentation by Mr. Brock's professor from Florida State University, which was totally irrelevant. I think it is important that we know who it is that is executing these trades, what policies have they been given, are those policies consistent with the policy that we have created, how was that person selected. Was there a competitive process? And how is that person compensated? How much money is being paid for, for this service? We need -- in fact, we should have all of this information. And if it exists, I have never seen it. And I would appreciate it if someone could enlighten me if such information has ever been provided. But rather than getting into an argument about this, I think that just asking for the information, not making any accusations at all, I could be entirely mistaken concerning this, but I would like to see this information. And I have asked for it before and it's never been provided to my satisfaction. But that's the reason I'm supporting this. It's a simple request for information. I see that it does no harm. It could do a lot of good for all Page 72 September 23, 2014 of us. And I think it's worth the effort to get it. CHAIRMAN HENNING: Okay. Commissioner Nance? COMMISSIONER NANCE: Yes. Well, I think we're down crawling around in the weeds on this issue. I think we've got a little bit of debate mediated paralysis on going forward on some of the basic things that we'd like to do. I certainly can support review of the investment policy. I don't particularly relish an agenda item which calls for a new policy to be brought forward unless and until our professionals that's supposed to be managing this on a daily basis indicate there's been a problem. So I can certainly support a motion for the County Manager and the staff that he has and consultants that he might have working together with the County Attorney and the Clerk to take a look at it and bring back an analysis to see if our policy is adequate. And, you know, then we can go forward if people would like to go ahead and debate and discuss to their own pleasure whether that policy is being instituted. I think that's a separate and distinct thing from what I see this recommendation as being. So if it -- you know, if it just requests that they come back with some recommendations and discuss what it is that we need to do or should do in their opinion, then I can support it. If it's something other than that, I don't know where we're going to go. CHAIRMAN HENNING: That's what I understand the motion is. And I can definitely support that. However, I will allow the motion maker to clarify her motion. Commissioner Hiller? COMMISSIONER HILLER: Yeah, thank you. Before I do that, I'd like to -- CHAIRMAN HENNING: Well, wait a minute, let me go back to Commissioner Nance if you're wanting to go off. Commissioner Nance, do you have anything else? Page 73 September 23, 2014 COMMISSIONER NANCE: No, sir, I'm trying to frame one thing at a time and get one issue dealt with at a time. And I thought that this recommendation was concerning the county's investment policy and how we could or should update it -- COMMISSIONER HILLER: That is correct. COMMISSIONER NANCE: -- based on everybody working together. COMMISSIONER HILLER: Correct. COMMISSIONER NANCE: I don't see the Clerk on this list. COMMISSIONER HILLER: Well, this -- and let me explain why. The Clerk's role is to execute the county's policy. There's a division of functions there. The Clerk's role is compromised if he's involved in formulating the policy. His role as a matter of law is ministerial. It's the Board's role to develop policy. You know, staff will solicit whatever information, whatever factual information it needs in order to properly develop this policy. But it isn't the Clerk's role to be involved in policy making, and it would be improper for him to be involved. COMMISSIONER NANCE: Commissioner Hiller, I disagree. I think that since it's the Clerk that has to put it into operation, that's like saying your division of administration of the county should never talk to operations because it's a conflict of interest. That's ridiculous. COMMISSIONER HILLER: But the Clerk -- COMMISSIONER NANCE: Certainly the people that put rules into effect and have to manage and use those rules should have an opportunity to comment on whether they're realistic or even efficient and functional. So I disagree, I don't see any reason why the Clerk shouldn't participate in this discussion, because everybody has to work together. And if we start separating people because there's some perception that somebody is doing a bad job or it's improper, I think that's all philosophical I don't think it's real. Page 74 September 23, 2014 COMMISSIONER HILLER: It's not. The role of the Clerk is operational. And, you know, the decision whether or not we are going to accept compensating balances, the decision, you know, whether or not we'll accept AA or AAA collateral, the decision whether or not, you know, we want to have our securities held in the same institution that's our initial depository or have third-party custodial arrangements are policy decisions that go to for example risk diversification, things like that. If I may continue. Once this is brought forward, once the Board has decided on a policy, if there is something in the policy that allows for impracticability in terms of operational implementation then, you know, by all means the Clerk can weigh in and say, well, you know, operationally this is problematic because. But the initial decision as to what the policy should be and what is in the best interest of the public with respect to safeguarding the public's funds should be a decision that is decided by the Board of County Commissioners with staffs input from our financial advisers. You know, there's -- look, you know, you can split hairs on this and you can certainly vote against me. I don't have a problem if you want to do that. Because you say if the Clerk is not involved I don't think we should update the policies. I mean, that's your prerogative to do that. But I believe your -- COMMISSIONER NANCE: Ma'am, that's not what I'm suggesting -- COMMISSIONER HILLER: It is. COMMISSIONER NANCE: I'm suggesting that this -- COMMISSIONER HILLER: And that's fine. COMMISSIONER NANCE: No, I'm suggesting that the process would be improved from the onset if all the parties involved were functioning together. That's all I'm saying. I'm not saying that the Clerk should weigh in on parts of the policy that don't pertain to his Page 75 September 23, 2014 role. CHAIRMAN HENNING: Let's clarify the motion. COMMISSIONER HILLER: The motion is as its written, which is that the Board direct the County Manager review and propose revisions to the county's investment policy given the current economic climate and changes in state law which have occurred since 2002; that the County Attorney review County Ordinance 87-65 and Resolution 95-552, as amended, in 2002 and staffs recommended investment policy modifications, to ensure compliance with Florida Statute 218.415 and applicable local laws such as the county's purchasing ordinance; and that the County Manager and County Attorney jointly review the Clerk's operational rules governing deposits and investments of county funds to ensure consistency with the Board's safekeeping and investment plans and policies and local and state law; and that the updated investment policy be brought to the Board for approval at the first Board meeting in October. With one modification to what I just read and that is that the County Manager seek out the assistance of our financial adviser. What is the name of the company? MR. OCHS: PFM. COMMISSIONER HILLER: PFM, to ensure that everything that, you know, the statutes say we should contemplate in our policy are properly contemplated. Obviously -- and the objective is is that our policy as the law is written should -- and I'm not adding this to the motion, I'm just reading this for clarification so that everybody understands. I don't have the ordinance in front of me -- I'm sorry, the statute in front of me. Oh, here it is. That the priorities in our policies shall be structured -- and this is what the statute says, 218.415, that such policies will be structured to place the highest priority on the safety of principal and the liquidity of funds; and that with respect to investment objectives which is in Section II, that the investment objective shall include safety Page 76 September 23, 2014 of capital, liquidity of funds and investment income, in that order. CHAIRMAN HENNING: Here it is right here, 405. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Okay. Commissioner -- who was next? COMMISSIONER FIALA: Coyle. CHAIRMAN HENNING: Coyle, then Commissioner Fiala. COMMISSIONER COYLE: Okay, I'll go first again. CHAIRMAN HENNING: You're almost last. COMMISSIONER COYLE: Yeah, I know. But once again, I'd just like to emphasize that there is no policy decision being made at this point in time. COMMISSIONER HILLER: Correct. COMMISSIONER COYLE: This is purely a request for information to be gathered by the County Manager who will obviously have to make requests of the Clerk to get some of the information. And then only after we have the facts do we have something come back that we can debate about policy. COMMISSIONER HILLER: Correct. COMMISSIONER COYLE: We're not making a policy decision at this point in time. So I don't see anything wrong with the motion as it is currently structured and I'll continue to second it and support it. It is just very simply a request for information and analysis to determine if we need to make any changes in investment policy or procedures. That's really all -- COMMISSIONER NANCE: Commissioner Coyle, am I reading this wrong here? The last line says that the updated investment policy be brought to the Board for approval at the first board meeting in October. That means all this has got to be done by next Wednesday. How is that going to happen? COMMISSIONER COYLE: County Manager has weekends. Page 77 September 23, 2014 How many weekends do you have before that point in time? COMMISSIONER NANCE: If it's this important to say this has got to be done by next Wednesday, I think it's preposterous. COMMISSIONER COYLE: How about you say as soon as possible, and let it go -- COMMISSIONER NANCE: It's a request for information. This is a suggestion that this policy be brought for a vote of approval at the next meeting. That's what this says here. COMMISSIONER HILLER: That is correct. COMMISSIONER COYLE: That's the County Manager's recommendations as a result of his analysis. He might recommend that there be no update to the policy. There cannot be any conclusion about the investment policy until you gather the information. There just can't be any. And that we try and debate that now is really not -- CHAIRMAN HENNING: Let me clarify your second motion. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: And that's for the County Manager to come back when he has the information. COMMISSIONER COYLE: Well, that might be -- you've got to set a time limit for it. CHAIRMAN HENNING: Well, right now it's October 8th. COMMISSIONER HILLER: I spoke to the County Manager and CHAIRMAN HENNING: Well, hang on, hang on. COMMISSIONER HILLER: It's my motion. COMMISSIONER COYLE: Let me ask the County Manager. Can you do this by the next meeting? MR. OCHS: I don't know, sir. I really don't know if I'll be able to pull the consultant in and consult internally and have it all in the printed agenda by the next meeting. I will do my best if that's what the Board directs. Page 78 September 23, 2014 COMMISSIONER COYLE: Why don't you do your best and then if you can't do it notify us and then we'll give you another couple of days. CHAIRMAN HENNING: Is that the amendment to your second motion -- or motion seconded? COMMISSIONER COYLE: I'll defer to -- COMMISSIONER HILLER: And that was -- if I may, I spoke to the County Manager and asked him whether this was doable, and he said exactly what he's saying now, that he will do his best, that it's possible, but that if more time was necessary he would come back to the Board and ask for an extension of time, which obviously I would bring forward. The -- CHAIRMAN HENNING: Wait a minute -- COMMISSIONER HILLER: The motion stays as it is. And then what's going to happen is the County Manager, if he needs more time, can come back and ask for an extension. CHAIRMAN HENNING: Is that a second to your -- or is that amendment to your motion if the County Manager cannot come back by the 8th he will notify the Board that he cannot pull the information together in time enough for the -- COMMISSIONER HILLER: I will amend to add that in addition. CHAIRMAN HENNING: That's all I was asking. Holy crow. Is that acceptable to the second? COMMISSIONER COYLE: I will buy it with the addition that -- or the admonition that if he comes back and asks for an extension, he will bear the fury of at least two commissioners. MR. OCHS: That's why my evaluation's the next item, sir. COMMISSIONER COYLE: I'll give you a really bad evaluation next time. CHAIRMAN HENNING: Anything else, Commissioner Coyle? Page 79 September 23, 2014 COMMISSIONER COYLE: No, that's it. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, I just wanted to say it's always healthy to take a good look at where you are. We haven't adjusted anything since, what did I hear, 2002? COMMISSIONER HILLER: 2002. COMMISSIONER FIALA: And it's always good to go back and take a second look at what we're doing, especially when it comes to investing, and to review our present policy and seek additional information and then present it all to the Board to then consider. So I'm in for this one. I think it's good. CHAIRMAN HENNING: Okay, I guess we're going to keep on debating. You know, when there's a motion and a second on the floor, the discussion from then on should be the motion. So is there any more discussion on the motion? (No response.) CHAIRMAN HENNING: Commissioner Hiller, is there any more discussion on the motion. COMMISSIONER HILLER: No, but I do have a comment that CHAIRMAN HENNING: Commissioner Nance, is there any -- COMMISSIONER NANCE: No, sir. CHAIRMAN HENNING: Okay, we're going to vote on the motion. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? Page 80 September 23, 2014 (No response.) CHAIRMAN HENNING: Motion carries unanimously. Now, we're going to take a lunch break at noon -- COMMISSIONER HILLER: I have -- CHAIRMAN HENNING: -- if you want to continue the conversation. COMMISSIONER HILLER: I just have one thing, one question. CHAIRMAN HENNING: But I think that we can get other business done. We have public sitting here. COMMISSIONER HILLER: I have a question. CHAIRMAN HENNING: So what is the next item? COMMISSIONER HILLER: No, I'm sorry, Commissioner Henning, I reserved to put forward my question after the vote. I could have done it before but I'm going to ask a question. Crystal, can you help me out? Who is doing the trades for the Clerk's Office? MS. KINZEL: Commissioner, that's a long-term employee of the Clerk's Office. He's been with us for over 20 years. COMMISSIONER HILLER: What's his name? MS. KINZEL: John Kannengeiser. COMMISSIONER HILLER: And he does all the trades for the Clerk's Office -- MS. KINZEL: Yes, ma'am. COMMISSIONER HILLER: -- on behalf of the Board? MS. KINZEL: Yes, ma'am. COMMISSIONER HILLER: Is he under contract? MS. KINZEL: No, ma'am, he's an employee of the Clerk of Courts. CHAIRMAN HENNING: And see, if you would have asked the Clerk that question -- COMMISSIONER HILLER: Let me -- if you don't mind, I'm in Page 81 September 23, 2014 the middle of asking Crystal some questions. So you do not have an outside investment advisory firm that is managing the trades of the securities of the county? MS. KINZEL: No, Commissioner Hiller, we use an internal employee who has expertise in that area and has handled the county's trades for 20 years. COMMISSIONER HILLER: So you don't have any contracts with any other organizations for the security trading? CHAIRMAN HENNING: She answered that question already. MS. KINZEL: No, ma'am, we do not. COMMISSIONER HILLER: Is he licensed to trade in the State of Florida? MS. KINZEL: No. COMMISSIONER HILLER: Where is he licensed to trade? MS. KINZEL: He executes the trades through a bid process. He does not do trades. COMMISSIONER HILLER: Where is he -- is he licensed to trade anywhere? MS. KINZEL: I do not believe so. COMMISSIONER COYLE: Where does he live? COMMISSIONER HILLER: Where does he live? MS. KINZEL: I believe in Arizona. COMMISSIONER HILLER: Is he currently living in Arizona but he's on the Clerk's payroll? MS. KINZEL: Yes, ma'am. COMMISSIONER HILLER: Thank you. MS. KINZEL: And communicates with us regularly regarding all the cash and assets. We have cash management employees in our office that communicate regarding the balances and the investment protocols, so -- COMMISSIONER HILLER: And I'd like to make a records Page 82 September 23, 2014 request for his employee file. Thank you. CHAIRMAN HENNING: Okay, yeah, I don't think we should take the next item, because I can see this is going to be debated forever. So it's nonsensical on -- COMMISSIONER COYLE: What is the next item? COMMISSIONER FIALA: Accept into the official record the attached banking services document. COMMISSIONER HILLER: And there is no vote on this. It's just for informational purposes. Any Commissioner can put anything they want. It was improperly uploaded. CHAIRMAN HENNING: And that's why it's going to be debated, because she's wrong again. COMMISSIONER HILLER: County Attorney, is -- CHAIRMAN HENNING: So let's go to the Item 11.B. Item #11B ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER - REPORT ACCEPTED MR. OCHS: Yes, sir, 11.B is a recommendation to -- for the Board to complete the annual performance appraisal for the County Manager. As the Board knows, the contract with the County Manager requires an annual review by the Board of County Commissioners. That review has been conducted by the Commission. I appreciate the thorough and careful review and the constructive criticism and advice. And the aggregate score was 2.49 on a one to three scale. And I stand ready if the Board has any additional questions or would like to discuss it. CHAIRMAN HENNING: There's no action on this item; is that correct? Page 83 September 23, 2014 MR. OCHS: No, sir. COMMISSIONER COYLE: I suggest it be continued until your response for 10.B comes back. COMMISSIONER HILLER: Actually, it would be the County Attorney, so we have to worry about his contract, not Leo's. COMMISSIONER COYLE: That would be both of them. Item #11C THE BOARD OF COUNTY COMMISSIONERS EXTEND THE COUNTY MANAGER EMPLOYMENT AGREEMENT WITH LEO E. OCHS, JR., FIXING THE END DATE OF THE SECOND EXTENSION TERM AS SEPTEMBER 30, 2017 — APPROVED CHAIRMAN HENNING: Okay, next item is recommendation that the Board of Commissioners extend the County Manager's employment agreement with Leo Ochs, fixing the end date of the second extension term of September 30th, 2017. COMMISSIONER HILLER: Motion to approve. COMMISSIONER NANCE: Second. CHAIRMAN HENNING: There's a motion to approve by Commissioner Hiller, second by Commissioner Nance. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. Page 84 September 23, 2014 CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Let's wait. I don't see a lot of public here. Let's wait on item 12 -- well, 12.A, I guess we can do 12.A. Item #12A THE MEDIATED SETTLEMENT AGREEMENT FOR THE PAYMENT OF A GLOBAL SETTLEMENT OF $3,145,000 FOR THE TAKING OF PARCEL 120FEE IN THE CASE STYLED COLLIER COUNTY V. NEW PLAN FLORIDA HOLDINGS, LLC FOR THE IMPROVEMENTS TO THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND US 41 — APPROVED MR. OCHS: Yes, sir. MR. KLATZKOW: You want a presentation, sir? CHAIRMAN HENNING: Just a brief description. Well, let's read the item. Recommendation to approve a mediated settlement agreement for the payment of a global settlement of$3,145,000 for the taking of parcel 120FEE in the case styled Collier County versus New Plan Florida Holdings, LLC for the improvements of the intersection of Collier Boulevard and U.S. 41. Fiscal impact is $2,041,170. MR. KLATZKOW: Commissioners, this is part of the road project we have for widening of the intersection of Collier Boulevard and 41. The cleared area is the area that is before taking. They were going to an approved Site Development Plan, put up a post office building and parking lot. This is what we took: Pretty much the entire office building and about a third of the parking lot. The portion of the taking along Collier Boulevard was to widen the turn lanes and a portion of it that took care of the parking lot is for Page 85 September 23, 2014 a retention pond. One of the issues is with the turning lanes here, whether or not they would have adequate access off of Collier Boulevard onto the remainder of the property. And that's an aerial of the property with the two takings. The takings are the majority of the property, slightly, as far as acreage goes, leaving them with far less to develop. Staff believes that the compensation offered is appropriate, given the cost of trial and potential outcomes and it believes that the recommendation to the Board is in the public's best interest. CHAIRMAN HENNING: Okay, questions? (No response.) CHAIRMAN HENNING: Seeing none, entertain a motion. COMMISSIONER FIALA: Motion to approve. COMMISSIONER NANCE: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala to accept this settlement agreement. Second by Commissioner Nance. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 4-1 (sic), Commissioner Coyle absent. Item #12C Page 86 September 23, 2014 THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY - REPORT ACCEPTED CHAIRMAN HENNING: Item 12.C, annual performance for the County Attorney. Any comments? (No response.) CHAIRMAN HENNING: None? MR. KLATZKOW: I am here to answer questions. CHAIRMAN HENNING: I don't think we need to approve that. I mean, just kind of a report -- MR. KLATZKOW: It's a report, yes. You're accepting the report is what it is. CHAIRMAN HENNING: Yeah. Item #12D THE BOARD OF COUNTY COMMISSIONERS EXTENDS THE COUNTY ATTORNEY EMPLOYMENT AGREEMENT TO SEPTEMBER 30, 2017 — APPROVED Next one is 12.D, recommendation (sic) the Board of Commissioners extend the County Attorney's employment agreement 'til September 30th, 2017. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HILLER: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, seconded by Commissioner Hiller. Discussion on the motion? (No response.) Page 87 September 23, 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: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. We're going to take a lunch break and be back at 1:00. MR. KLATZKOW: Thank you. COMMISSIONER FIALA: We've got bankers sitting here all day. Will we be addressing that when we get back first, or what? CHAIRMAN HENNING: What's your pleasure? We have a 1:00 time certain, Commissioner. Do you want to do that after? COMMISSIONER FIALA: I can't even remember what the 1:00 is about. CHAIRMAN HENNING: Well, the 1:00 is about Platt Road? MR. OCHS: Platt Road. CHAIRMAN HENNING: Did you want to do the banking item after that? COMMISSIONER FIALA: Well, okay. I just felt sorry for them sitting here all day. But isn't it entertaining? CHAIRMAN HENNING: Does anybody have any objections to that? (No response.) CHAIRMAN HENNING: So we're going to take item -- the Clerk's item after the Platt Road item. MR. OCHS: Okay. MR. KLATZKOW: Commissioners, just as a public announcement, we have a number of people registered for public Page 88 September 23, 2014 comment, but my understanding is their comments are related to 12.B, and I think that's the more appropriate, rather than doing it twice when they come back for public comment, to simply have what they have to say on 12.B. CHAIRMAN HENNING: Yes. MR. MILLER: I will double check, but the exception, just off memory, the exception of one name in here, everyone that has registered for public comment has also registered for Item 12.B. CHAIRMAN HENNING: Okay. All right, well, when they come back we'll straighten it out and have a wonderful joyous meeting after that. We're on break. (Luncheon recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN HENNING: We have a time certain. MR. OCHS: Yes, we do, sir. That is Item 11.A. And I believe before the Board broke for recess, the Board also said they were going to hear Item 13.A immediately after 11.A; is that correct? CHAIRMAN HENNING: That's correct. MR. OCHS: And then -- CHAIRMAN HENNING: Then we'll go from there. Item #1 1 A AUTHORIZE ADVERTISING AN ORDINANCE CREATING THE PLATT ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT TO FUND AND LEVY NOT TO EXCEED THREE MILLS OF AD VALOREM TAXES PER YEAR TO REIMBURSE THE COUNTY $10,500 FOR EMERGENCY ROADWAY IMPROVEMENTS MADE TO PLATT ROAD - MOTION TO DELAY ADVERTISING AND FOR STAFF TO WORK WITH Page 89 September 23, 2014 RESIDENTS TO DEVISE A POSSIBLE ALTERNATIVE SOLUTION AND PAYMENT PLAN — APPROVED MR. OCHS: Okay. Item 11.A is a recommendation to authorize advertising an ordinance creating the Platt Road improvement Municipal Service Taxing Unit to fund and levy not to exceed three mills of ad valorem taxes per year to reimburse the county $10,500 for emergency roadway improvements made to Platt Road. Ms. Michelle Arnold, your Alternative Transportation Modes Director, will begin the presentation. COMMISSIONER NANCE: Mr. Chairman, I'd like -- with the permission of the Board, I'd like to make a few introductory remarks on this agenda item, because I think it's going to be a little perhaps nontraditional. CHAIRMAN HENNING: Okay. You mean your remarks are going to be nontraditional? COMMISSIONER NANCE: No, my remarks are going to be very traditional, but the item might be a little nontraditional. This item came forward, and basically as all of you realize by reading the backup material, as a forced MSTU to repay a little more than $10,000 for work that was done to maintain private roads. And during my discussion with the community, actually the greater community, much larger than the immediate Platt Road area, because up in the Corkscrew Island neighborhood area, as well as numerous other regions in the county, we have large communities of low density that are privately owned properties where people are responsible for maintaining their roads. And these are -- there's a lot of areas there where the ownership of the road is various and sundry. The county typically doesn't own many right-of-ways if any and the county does no work. And of course these areas in the rural residential parts of the Page 90 September 23, 2014 county and the agricultural parts of the county, the condition of those roads suffered greatly during the recession, because people just did not have any money to spend towards maintenance of those roads. With last year's heavy rains, it created some emergency conditions where first responders, primarily Big Corkscrew Island Fire and Rescue District, had a difficulty responding to crises, health crises and calls, and so it's precipitated this agenda item. I would like to have Michele introduce the items just to remind you of where we are on this. But what I would like to do is in the course of discussing this item, I would like to make a motion that this recommendation be continued for a period of two years to allow the county to assess a community proposal that's coming forth. And the community proposal will be to address this Platt Road area and indeed a larger area. So if that pleases the Board, I think we're going to have a pretty interesting discussion. CHAIRMAN HENNING: Okay. MS. ARNOLD: For the record, Michelle Arnold. Commissioner Nance gave you an introduction of why we are here. And on September 24th the Board passed a resolution which established a procedure where public funds could be utilized to make emergency repairs on private roadways; more specifically so that those roadways could be passable for emergency vehicles. On that same date the Board also passed a resolution specifically to address Platt Road, because of the concerns that were raised of that condition of that particular road. Within the resolution and the procedure that was established, it directed the County Manager to take action to make the minimum repairs to make the road passable. It also directed that the County Manager send out letters to property owners to advise them of their responsibility to create a voluntary MSTU for the purposes of Page 91 September 23, 2014 maintaining a road. It further noted that should the property owners not voluntarily create the MSTU, that the Board should have that ability to involuntarily create one for the community. The MSTU also would be utilized, if one was created, to repay any funds that were utilized to do repairs on the roadway. On September 25th the county did do repairs, and those repairs came out to about $10,500. My department did send letters out to the property owners advising them of the cost and the process that has been established for the -- by the Board of County Commissioners. At this point we have not had an interest from the community. My staff has been working with them. They are working very hard to avoid the need for the county to do additional -- expend additional funding, because they're taking it upon themselves to voluntarily collect funds amongst themselves and do the repairs. My staff has gone out and been monitoring the area, Platt Road, as well as the other roadways, and they have been maintained by the community, more specifically the Big Cypress neighborhood district. You are going to hear from representatives from that neighborhood association today to identify what it is specifically that they've done and they're going to present to you a proposal. We are just here today, staff, that is, to follow through with the policy that has been established by the Board. And if you also choose to fulfill that policy, establish an MSTU mainly for the purposes of repaying the monies expended by the Board. At this point I turn it over to the public speakers, or if you all have any questions of me, I'd be happy to answer those questions. CHAIRMAN HENNING: Questions by the Board or staff? (No response.) CHAIRMAN HENNING: Seeing none, let's go to public speakers. MR. MILLER: Mr. Chairman, I have six registered public Page 92 September 23, 2014 speakers. Four speakers have ceded additional time to Doug Wilson, who will have a total of 15 minutes. CHAIRMAN HENNING: Okay. I guess we'll start off with Mr. Wilson, and then who else after that? MR. MILLER: And then Mr. Wilson. And after his 15 minutes will be followed by Chief Rita Greenberg. And that basically is all of them then. CHAIRMAN HENNING: All right, thank you. Mr. Wilson? MR. WILSON: Thank you, Mr. Chairman. I am the secretary of the Corkscrew Island Neighborhood Association, which is our association that covers the affected area here. As you have seen in your materials, it's about seven square miles up around the curve of Immokalee Road as it approaches Sanctuary Road. And we've got about 200 families or so out there. And I approach you today feeling that this is really a good news story. What started out as a problem, Chief Greenberg encountered some difficulties in accessing a home along Platt Road because it was in such bad shape that the emergency vehicles couldn't get there. And that led to a further discussion about what the county wanted to do long term in terms of the MSTU, and there were various options discussed which included an MSTU that would cover our whole neighborhood association service area. And this stimulated a lot of discussion among our residents. Now, as you may know, our residents out there are east of 951, they're sort of independent folks, and they are great believers in the Jeffersonian ideal that government is best which governs least. And so they wanted to take the bull by the horns and treat this as an encouragement to set about fixing the problem ourselves. And we have come a long way with that. We have a map and the materials which I think you've seen before, but -- this map displays the Page 93 September 23, 2014 roads involved. The black places on the map are the ones that were the worst. The Platt Road segment was one of the first ones that was addressed. The county, as reported, went out with its repair effort and spread some rock. Now, the rock was kind of rough. I have a photo I'm going to show you in a minute, it's also on your materials. You may have seen it on the page with the Platt Road photos. The ones with all the rocks, that's where the county laid its rocks down. Well, our people came along after that and got some fill dirt, put it on top of the rocks, made the road even better. And that's pretty much what happened on all of the bad segments in our area. As we kept discussing this, we learned, for example, that there are half a dozen people, three of them are in this room, who have taken responsibility to go out and without telling anybody use their own equipment to improve and fix the roads when the erosion set in. We have now identified most of the people that have done that voluntarily. And while some of the early repair efforts were geared through our association to fix particular problem spots, looking ahead in the future our intention is to coordinate with all of those people who have volunteered so far and encourage the property owners around them to help them keep those roads in repair. In short we are now monitoring all of the roads out there. As of today they are all passable. Most of them are highly passable. I want to brag a little bit more and even though they're in your materials show you just an example or two of what the roads look like. I won't put all the photos up, but they all look about like this. They're flat, they're even, they have good fill dirt on them, and they are excellent -- in excellent condition for unpaved roads. Our association, which we call CINA, C-I-N-A, CINA has adopted a formal policy to coordinate among our neighbors out there. And one of the things that I'm in the process of doing now, though it Page 94 September 23, 2014 may not bring fruition, but I think there may be some grant funds out there to supplement our private donations. There have been substantial private donations from the property owners in addition to the in-kind contributions of equipment. We also have a neighbor out there who has some -- CHAIRMAN HENNING: Mr. Wilson, hang on. Somebody -- somebody want to have a conversation on the phone? MR. BEYRENT: I was president of the amalgamated sign holders. CHAIRMAN HENNING: Can you silence your phone, sir? MR. BEYRENT: I did, actually. I don't know what the hell's the matter with it. I apologize for that, by the way. CHAIRMAN HENNING: I'm sorry, Mr. Wilson. MR. WILSON: We have a neighbor who has scientific background and has told us about some materials that are available that help retard erosion. Now, they're kind of expensive, but compared to the cost of maintaining the consequences of erosion, it looks promising. So we're studying all of these things. The neighborhood is actively involved. And this is a very good outcome from the initial crisis -- it wasn't a great crisis, but it was a small neighborhood crisis, that caused the expenditure of county funds. And in that regard we are hopeful that the county will regard that expenditure, which is made on an emergency basis, as just another emergency that it needed to attend to at the time, and regard it as an investment in what is a very positive program going forward. And not bothering to go ahead with the MSTU. There may come a time some day in the long distant future when if our program doesn't work you may need to revisit the MSTU. We don't think that's likely in the foreseeable future. Our neighbors are together on this, we've done a great job, we'd like your support for the Page 95 September 23, 2014 idea of going ahead. CHAIRMAN HENNING: I'm sorry, the idea -- Mr. Wilson, the idea of what? MR. WILSON: The idea of going ahead on our basis, on a volunteer basis under the overall supervision of our association and not imposing the MSTU or asking the Platt Road residents to pay the money back. CHAIRMAN HENNING: Okay. So you want a gift of-- you want us to waive the 10,500? MR. WILSON: Yes, sir. CHAIRMAN HENNING: Okay. Understand. Thank you. MR. WILSON: Any questions? CHAIRMAN HENNING: Any questions? Commissioner Fiala? COMMISSIONER FIALA: You also wanted to -- you didn't want to create an MSTU, you wanted to do this on your own. MR. WILSON: That's correct. COMMISSIONER FIALA: Yes. That's what I understood. There's nothing that unites a community more than everybody working together for the benefit of each other. Sounds nice. MR. WILSON: Thank you. CHAIRMAN HENNING: Thank you. MR. MILLER: Mr. Chairman, your next public speaker is Chief Rita Greenberg. CHIEF GREENBERG: Good afternoon, Commissioners. Chief Rita Greenberg for the record. I just want to let you know as the fire chief of the Big Corkscrew Island Fire Control District which serves the CINA neighborhood that they have complied with the things that Mr. Wilson just spoke to you about. The roads are passable, they've been passable since this event occurred. And I just wanted you to be aware that the community has Page 96 September 23, 2014 done -- created that bonding. I get a monthly report on what roads they're working on, what they plan to do next. We evaluate the roads after the heavy storms. We've just had some recently that caused some minor flooding in the Corkscrew total fire district, and we went out and evaluated the roads and they were in good shape, they were all passable. And to that end, I just want you to give consideration to their request. CHAIRMAN HENNING: That's a legal question I think that needs to be answered. Can we expend public monies on private property? I think that's the issue, you know, waiving this. Maybe the fire department will pay for it. MR. KLATZKOW: The process we put together is the appropriate process, which is that we'll upfront the money and then we'll be get paid back. CHAIRMAN HENNING: Can we forgive what we did and -- MR. KLATZKOW: I think the more prudent thing would be to get the money back. Can I tell you you can forgive? No I can't tell you you can forgive. But the next time this issue comes up where a community is asking for a payment in advance, we either have a process or we don't. Now, I understand that Commissioner Nance wants to come forward with a different process. Perhaps that will help with these issues. CHAIRMAN HENNING: Who's next? Commissioner Fiala, Commissioner Coyle, Commissioner Nance. COMMISSIONER FIALA: I already spoke. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I have sort of the same question. I'm concerned about the precedent it establishes. I don't really feel strongly about how they do it. If it's -- if they don't want a mandatory fund collection and they're willing to collect the funds voluntarily, I Page 97 September 23, 2014 would be happy to enter into an agreement that would specify the amount that they would pay back each year. But just waiving the expenditure of the funds creates a precedent that I'm afraid will work to the disadvantage of the people of Collier County. As the county attorney has said, we don't normally do this. So I would like to hear how we're going to get the money back in a way that has the least impact upon the residents there. CHAIRMAN HENNING: And I think Commissioner Nance is going to answer that. COMMISSIONER NANCE: What I'm -- what -- members of the Board, what I'm trying to start a discussion on, and what I'd like to do is I would like to see the county enter into some sort of a Memorandum of Understanding with this community organization. And let me tell you why. This is only one circumstance. Mr. Wilson, could you put that map up of the Corkscrew Island neighborhood? I'd just like to point out one thing to the Commissioners here. I'm going to try to use this laser without blinding our County Attorney over here, but I want to point something out on this map over here. Shows the whole Corkscrew Island neighborhood. The MSTU that we're talking about establishing is on this road only right along here. And it extends from about here to here. The area that is covered by the proposal of CINA is this entire everything you're seeing on this map. So if we create an MSTU, we're going to be creating an MSTU just for this little strip of road down here, and you're going to have I don't know how many participants in it but it's going to be a little piddly MSTU. There are requests like this in neighborhoods all over rural Collier County. I've had three or four more. Mr. Sells has been approached numerous times. I'm afraid that what we're going to get into is we're going to get into a situation where we're creating MSTUs to get paid back emergency money, which is fine, and it's very equitable and Page 98 September 23, 2014 meets all the requirements and the questions Commissioner Coyle and Commissioner Henning have raised, but we're not going to be solving the problem. And the fact of the matter is the county is going to have great liability to continue to have all sorts of little piddly MSTUs and we're not going to solve the problem, we're going to continue to create these MSTUs in response to a crisis. In other words, you're not going to be able to rescue somebody, Chief Greenberg or one of the other fire districts is going to have damaged equipment, we're going to have incident, we're going to have some liability or something and we're going to stumble, fumble and fall forward with this methodology. I'm reaching out -- I worked very closely with CINA in a couple of meetings, and there were some very contentious meetings, but I think we got a proposal that's included in here that is the basis from a Memorandum of Understanding that can be a model for some of these other areas to get the county to work with some of these community areas to not only get the roads fixed but to have information provided to the county at no cost that assures them that things are being taken care of and that our first responders can do what they need to do. So I don't have all the answers to this. I think it's a worthy request. I think that the county will more than get its monies worth back, if it gets a Memorandum of Understanding for those seven square miles right there. That will take a burden off of a lot of people, including, you know, our first responders first and of course the responsibility of the county. If our MSTU administrators get that information on a semi-annual or annual basis brought to the Board to assure them that this has taken place, this could be a very creative solution to a very longstanding problem. And I don't have any other possible solutions to this problem. But I know that throughout my district and I believe in Commissioner Fiala's district there's a number of areas where we need to come up with something, because we're simply not getting it done. Page 99 September 23, 2014 We're not safe. We're not in a safe circumstances. And the only time we find out is when we get to be a crisis situation. And I'm reaching to find a solution. And I think -- you know, I would like to make a motion that the Board consider this information and rather than forge ahead on this MSTU assessment at this time, to consider -- have staff evaluate it and consider what sorts of set-ups we can -- what sort of a public/private partnership we can put together at a very minimum cost to the county to solve this problem. CHAIRMAN HENNING: Okay, there's a motion on the floor. Is there a second to the motion? COMMISSIONER FIALA: I'll second the motion. CHAIRMAN HENNING: Second by Commissioner Fiala. Discussion on the motion? COMMISSIONER COYLE: Yeah, I still don't have an answer to my question. Will the money be paid back or is it a gift? COMMISSIONER NANCE: Commissioner Coyle, can I address your concern? COMMISSIONER COYLE: Sure, please. COMMISSIONER NANCE: When I started this discussion what I asked the Board to consider was to continue this item for two years to give this a chance to work. And if we can't work out something and the county doesn't think it's getting its money's worth out of a public/private partnership, they can turn around and assess the people. That way we don't forgive it but we continue it that allows this process to go forward, give these citizens a chance to prove their worth and to show that they are providing information and services of value to the county as a whole. And then if you don't like it, come back and -- you know, I don't think you've -- you're not forgiving it, you're just giving it a chance to work. And I don't think the potential loss to the county is anything if we adopt that sort of methodology. Maybe that's a copout, you think, but I don't know how else to get there, sir. Page 100 September 23, 2014 COMMISSIONER COYLE: Will you let me come back in two years and vote on that? COMMISSIONER NANCE: I will have you be the first speaker, sir. We'll give you -- we'll let you have public petition. COMMISSIONER HILLER: See, there's a real problem, because you'll be gone and these three could be gone. So I would be the only one left to vote on it. COMMISSIONER NANCE: Commissioner Hiller will have to take the entire responsibility. COMMISSIONER HILLER: It will be me, myself and I. COMMISSIONER COYLE: Maybe that's not too bad. But okay, County Manager, what is our legal obligation to maintaining these roads? MR. OCHS: I'm going to defer to your County Attorney to give you that legal advice. MR. KLATZKOW: You have no legal obligation to maintain private roads. What we had here was a situation where the -- you couldn't get emergency vehicles down the roads. COMMISSIONER COYLE: Yeah, I understand that. MR. KLATZKOW: And honest to God, the reason we're here is public safety first and foremost. And so the thought process was we'll do just enough on these roads just to get the EMS vehicles down there and no more. This is going to be a recurring problem. We have God knows how many miles of private roads out there, many of them are 30, 40, 50 years old, deteriorating. It's a problem. We have Rock Road, Sable Palm Road, you've got this one over here. And I think as people move out there and the older people go away, as it were, the ones who moved out there for the privacy, I think the new people will have higher expectations of what public service should be. COMMISSIONER COYLE: And those expectations would be Page 101 September 23, 2014 that -- MR. KLATZKOW: Getting a school bus down there, getting fire engines down there and the problems that you might have, nine residents down the road who want that and one resident saying this is my private property and he puts a gate on it. And we've literally had that happen. COMMISSIONER COYLE: I don't have the perfect solution either. COMMISSIONER NANCE: Commissioner Coyle, let me give you a little more information. I'll give you an example. Rock Road, which is one that you'll remember, there was an MSTU set up under a similar situation. Now so far those people on that road, it's not even a mile long, have expended close to a quarter of a million dollars maintaining that Rock Road. And they've done that under a forced MSTU. I don't think anybody out there feels like that's been a great value to them. Almost all of them feel like they could do it cheaper themselves. And as a matter of fact they're putting a lot of sweat equity into it right now to do that. But I think they could have done as good or better a job under an agreement if there would have been some methodology to do that that, you know, wasn't available at the time. I'm not saying they had bad results, but it's been exceedingly expensive to people that really can ill afford to do it. I think they can take care of their roads and fix the problem spots cheaper and more efficiently under some guidance together. But, you know, how do you encourage them to do that? I don't know. If we don't come up with some offering for our staff to go out to these people to try to bring them together, I don't know what else we can do other than just bump forward on a crisis-to-crisis basis. And what I'm telling you is I predict that we're going to have a lot more of them. Complaints are coming in, questions about MSTUs are coming in, and we just really don't have that many options other than just a Page 102 September 23, 2014 blanket going into huge areas and just tax people. CHAIRMAN HENNING: You know, there is an option, Commissioner, and I haven't seen it exercised up here, and it's to say no. It's okay to say no, all right? There's a lot of public demand what is reasonable and what is fair. Nobody's going to put fruit trees on my property. They -- obviously the Board doesn't want to put in shopping centers either. But it's okay to say no. Anyways, Commissioner Fiala? COMMISSIONER FIALA: Yes, I was just thinking along the lines that you just mentioned. And you're right, have I a lot of those same type of roads, whether they be in the farm rural area or even in the -- in the areas that are well maintained and yet hidden back in there. And I'm thinking of like Polly Avenue and Atkins and all those little roads back there that are still dirt roads. And maybe there would be some -- we could offer an initiative where we can get people representing those dirt roads, sit them around at a table and have them come up with an idea that would be fair to everybody that doesn't cost the taxpayers any money but something they can settle with if they want to keep their private roads. Have you ever thought about something like that? COMMISSIONER NANCE: Well, that's what this -- if you look at this proposal, that's what Corkscrew Island Neighborhood Association put together. COMMISSIONER FIALA: Yeah, but I'm talking now about the whole -- because we're talking now about the whole county. COMMISSIONER NANCE: Well, you need each community to come together. But I want you to know that I did not write a single word of what was attached in your executive summary. That was all put together by the community. It was not edited by me, I didn't change a period, cross an I or T. This is all generated by citizens. And what I'm seeking is I'm seeking a methodology to start Page 103 September 23, 2014 addressing this problem. Because it's just not going to go away. CHAIRMAN HENNING: The community, and Mr. Wilson stated, they don't want to pay this back, okay. So that's not a resolution to this item in my opinion. You want to restate the motion? COMMISSIONER NANCE: Well, my original motion, Mr. Chairman, was to continue this item for two years pending development of a program with public/private arrangement with the community, and at that time the Board should reconsider this -- would rule on this item to see if they think they've gotten their $10,500 worth of benefits and cooperation back out of the community. If not, then I would not object to them being assessed at that time. But I'm just asking to defer that decision as an encouragement to this group to go forward. Are you saying you're holding it over their head? Yeah, okay, you're holding $10,500 over their head. Let's see what comes out of it and let's see if we can develop this into a methodology and a pattern to use in other areas. CHAIRMAN HENNING: Okay, thank you. Any further discussion on the motion? COMMISSIONER COYLE: Yeah, I didn't finish my question last time. CHAIRMAN HENNING: Sorry. COMMISSIONER COYLE: That's all right, it just got diverted. I don't want to seem uncharitable, but I have purchased land in rural areas on private roads and not once during the entire time of ownership have I ever asked a government to come in and pave my private road or to make it passable. When you buy property that you know is remote and private and not on a public road, you have to expect that it will deteriorate. You must have known this when you bought the property. And for the government to go in and create better Page 104 September 23, 2014 roads for you and maintain the roads for you increases your property values. So yeah, you're looking for a hand-out from the rest of the residents of Collier County to increase your property values. And I guess human nature being what it is, that's sort of natural. But it creates a problem for all of the other people who are in the same circumstance. Why would they bother to do anything unless the government came in first and gave them some money to do it? I don't understand why any community would be reluctant to pay their fair share for doing something like this and pay back the $10,000. Pick a time frame that is convenient for you, that doesn't have a major financial impact upon the residents. But at least make the gesture and the attempt to pay the $10,000 back that other taxpayers in Collier County have given to you. That's the fair thing to do. And there's no assurance that having invested $10,000 to do your repairs on your roads at one point in time is going to motivate people to continue to maintain it forever. And if they believe that they're only obligated to maintain it if the government gives them a financial subsidy, then they're ultimately going to do nothing at all. So I just don't know that it's a solution, but I'd be happy to vote in favor of what you've proposed if you would say look, we'll pay you back $1,000 a year over the next 10 years. And oh, at least make the gesture to pay the other taxpayers back, and that would make it a lot easier for me to support it. CHAIRMAN HENNING: Any further discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER COYLE: Aye. Page 105 September 23, 2014 COMMISSIONER FIALA: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN HENNING: Aye. Motion fails 4-1. Is there a motion to accept staffs recommendation? COMMISSIONER COYLE: What is staffs recommendation? CHAIRMAN HENNING: Staffs recommendation is -- MS. ARNOLD: Staffs recommendation is to follow your policy and to establish an MSTU for the repayment of the 10,500. COMMISSIONER COYLE: If you don't mind me chiming in again on this issue, I would rather not ram something down the throats of the residents. If the residents would voluntarily say yes, we'll make an attempt to pay this back over a period of time and suggest a period of time that is reasonable then, you know, I'd be willing to accept that. CHAIRMAN HENNING: Michele, in your communications did you do anything like that or similar to what Commissioner Coyle is suggesting? MS. ARNOLD: We didn't, you know, request that of the community. But we can surely do that, if that's the direction of the board. We can work with them and, you know, try to get some sort of payment plan established to get the repayment over time. COMMISSIONER NANCE: How many property owners have been identified on the proposed MSTU, Mr. Sells? MR. SELLS: 50. COMMISSIONER NANCE: There's 50. MR. OCHS: Commissioner, I'm not sure we totally answered your question. Michele, what's the time frame in the ordinance in terms of voluntary compliance versus the staff being obligated to come forward? MS. ARNOLD: There's a six-month time period for establishing Page 106 September 23, 2014 the MSTU, which we've exceeded already. CHAIRMAN HENNING: Well, you can't do any kind of taxing on this to the following year. MS. ARNOLD: Correct. CHAIRMAN HENNING: So it won't even go in effect until the 2015 tax roll. COMMISSIONER HILLER: Am I correct in understanding this is about $210 per resident? When you said $10,500 for 50 residents, we're talking about $210 per resident. CHAIRMAN HENNING: Well, per property. COMMISSIONER HILLER: Per property, forgive me. CHAIRMAN HENNING: Per parcel. COMMISSIONER FIALA: That's the total. CHAIRMAN HENNING: I'm going to make an alternative motion to approve staffs recommendation. And along with that is, you know, if anything comes up before the implementation of the MSTU, in other words, go out to put on the tax roll, if there's any other solution by the residents, for staff to coordinate with the residents and then come back to the Board of Commissioners with that idea. MR. KLATZKOW: And this is coming back. This is just a request to add a tax. COMMISSIONER HILLER: I have a question, if I may. CHAIRMAN HENNING: Well, it's coming back through the budget process. That would be the last thing. MR. KLATZKOW: Yes, eventually. COMMISSIONER HILLER: I don't understand what we're doing. Because I thought, Commissioner Henning, you said that you cannot create an MSTU to make improvements to private property. That was the whole issue with the seawall down in, what was the name of your -- COMMISSIONER FIALA: Isles of Capri. Page 107 September 23, 2014 COMMISSIONER HILLER: Isles of Capri. So how can we be creating an MSTU for the improvement of private property here when we couldn't do it for the improvement of the seawall? CHAIRMAN HENNING: You can't expend public dollars -- COMMISSIONER HILLER: But we have expended public dollars. I mean, recapturing those public dollars is the same thing. CHAIRMAN HENNING: That was -- COMMISSIONER HILLER: I don't see the difference. CHAIRMAN HENNING: Okay. Well -- COMMISSIONER HILLER: That one was public safety too, I mean, the seawall was. CHAIRMAN HENNING: And if you recall, Commissioner, and I'll be glad to provide the minutes, you asked that certain question. And on the seawall there was no imminent danger to private -- COMMISSIONER HILLER: Well, there's no imminent danger here. CHAIRMAN HENNING: I know that you wasn't here at the time, but the chief of the fire district came in and says we can't get down there, you know, these roads. So that's the reason for it. But -- COMMISSIONER HILLER: So it's okay if there's -- COMMISSIONER FIALA: May I suggest something? CHAIRMAN HENNING: No, I put a motion out there and I want to see if there's a second to the motion, okay. COMMISSIONER COYLE: Would you refresh my memory on the motion? CHAIRMAN HENNING: Yeah, it's been a while. COMMISSIONER COYLE: I'm getting old. CHAIRMAN HENNING: No, I don't know if you're getting old, but there's a domination on the Board here. The motion was to accept staffs recommendations and also work with the residents to come up with any alternative, bring those Page 108 September 23, 2014 alternatives to the Board in the meantime. COMMISSIONER COYLE: I'll second that. CHAIRMAN HENNING: Okay, there's a motion and a second. So we're going to discuss the motion. Is there a discussion on the motion? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Yes, go ahead. COMMISSIONER FIALA: I would like to suggest that we bring this motion back to the next meeting and allow the members of the community to come up with a payment plan themselves and -- for say a two-year time frame where they don't have to enter into an MSTU. Being that it's only $210 a home, maybe they can figure that out and pay that all back in a couple years and then they don't even have to go into the MSTU process. CHAIRMAN HENNING: Right. And that is -- COMMISSIONER FIALA: Bring that back at next meeting. CHAIRMAN HENNING: That's a part of the motion. However it's not going to be at the next meeting. I wanted to give it a longer timeframe if there's other solutions. MR. KLATZKOW: It will be coming back next meeting, because I've got to advertise this. CHAIRMAN HENNING: Advertise the MSTU? MR. KLATZKOW: Yes. CHAIRMAN HENNING: That doesn't need to be taken place until -- MR. KLATZKOW: My drop-dead date is the last -- your meeting in December. That's when it has to be enacted. CHAIRMAN HENNING: Okay. Is that acceptable to you? COMMISSIONER FIALA: As long as you can add the provision that they can come back with their own plan instead of an MSTU. CHAIRMAN HENNING: Correct. Page 109 September 23, 2014 COMMISSIONER FIALA: If they prefer. CHAIRMAN HENNING: And also staff is going to be working with them up 'til the time of putting the MSTU assessment on the tax roll. COMMISSIONER FIALA: Yes. And Commissioner Nance, would that meet with your approval? COMMISSIONER NANCE: Yeah, you can do whatever you want. I mean, this proposal was an alternative proposal. You know, if you're just talking about how they're going to pay it, you know, the decision has already been made to tax them to recover it in two years. That's what this calls for. So after two years, you know, you're going to have gotten the $10,500 back, and then you're going to accumulate $5,000 in taxes every year and be fooling around with one little road. So then the county's going to be fooling around with $5,000 a year maintaining one little road. MS. ARNOLD: And we wouldn't -- our recommendation is only to create the MSTU for the purpose of repayment, not for the maintenance. COMMISSIONER NANCE: All right. So in two years, you know, you get your money back and then you're right back where you started. CHAIRMAN HENNING: I'd just say no. That's my point, you could say no to any of this. And it's okay to say no. COMMISSIONER NANCE: No, that's fine. Then you have -- well, then the fire district and the Board can deal with it on an ongoing basis as crises arise. That's what we've done so far. So, I mean, I can't really say that, you know, anything's going to be any different. CHAIRMAN HENNING: In my opinion, this should be the experience of reason to say no. Again, it's private property. And like Mr. Wilson said, doesn't necessarily mean that government knows best or can do the best. Whatever. Whatever it was, something like that. Page 110 September 23, 2014 Anyways, any further discussion on the motion? COMMISSIONER FIALA: So let me just clarify that motion, okay? Just to make sure I understand what the motion is. The motion is to either -- to come back at the next meeting to either create an MSTU or to allow the people to come up with their own plan to repay the $10,500, right? MR. KLATZKOW: My understanding is that I'm going to delay advertising this so that it will be advertised for your December hearing, which gives them almost three months to come up with a different payment. CHAIRMAN HENNING: Gives them more time. MR. KLATZKOW: So I'll hold off on the advertising, I'll bring it forward for your meeting in December and hopefully staff will have time to get with the residents and work something else out. CHAIRMAN HENNING: Any further discussion? MR. KLATZKOW: That's my understanding. COMMISSIONER COYLE: So I'll still be here in December then to vote on this? CHAIRMAN HENNING: You can send your opinion. COMMISSIONER FIALA: Just hang onto your chair, don't let it go. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Okay, all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER HILLER: Aye. CHAIRMAN HENNING: Motion carries 4-1, Commissioner Page 111 September 23, 2014 Hiller dissenting. COMMISSIONER HILLER: I don't think these people should be subjected to this MSTU and there needs to be some alternative means to collect the payment back from them. But -- COMMISSIONER FIALA: That's what I'm hoping they'll come up with their own plan about. COMMISSIONER HILLER: I don't even see why you're directing the County Attorney to go forward with this. CHAIRMAN HENNING: What's the next item? Item #13A BOARD OF COUNTY COMMISSIONERS (BOARD) APPROVAL OF THE ATTACHED NEWLY PROPOSED THREE PARTY AGREEMENT FOR BANKING SERVICES BETWEEN THE CLERK, THE BOARD AND FIRST FLORIDA INTEGRITY BANK AND ACKNOWLEDGE ANY WAIVERS OF THE BOARD'S PURCHASING POLICY AS THE SOLICITATION WAS MADE IN ACCORDANCE WITH THE CLERK'S PURCHASING POLICY - MOTION TO APPROVE AND WAIVING PURCHASING POLICY IRREGULARITIES TO PREVENT ANY INTERRUPTION OF SERVICES FOR VENDORS AND EMPLOYEES — APPROVED MR. OCHS: 13.A, sir. That is a -- recommend that the Board of County Commissioners approve the attached newly proposed three-party agreement for banking services between the Clerk, the Board and First Florida Integrity Bank and acknowledge any waivers of the Board's purchasing policy as the solicitation was made in accordance with the -- COMMISSIONER HILLER: Are we not doing 12.B? Page 112 September 23, 2014 MR. OCHS: Not right now, ma'am. COMMISSIONER HILLER: Okay. Do we have a time certain on the 13.A? MR. OCHS: No, there was an agreement before the -- COMMISSIONER HILLER: Oh, I see. Okay, got it. MR. OCHS: -- break that it would be heard under the 13.A. CHAIRMAN HENNING: Crystal, are you going to present this? MS. KINZEL: Thank you, Commissioners. For the record, Crystal KINZEL with the Clerk's Office. I apologize for my voice, it's gone today. But we worked very closely with County Manager, County Attorney's Office. We believe that we're proposing a new agreement that is between the Clerk, the Board and the bank. We have representatives here from the bank. And hopefully we will get your support to move forward with this banking agreement as a cooperative agreement between the parties. CHAIRMAN HENNING: Okay. Is there any public -- there is no public speakers. Discussion from the Board? COMMISSIONER FIALA: Motion to approve. CHAIRMAN HENNING: I'll second the motion if you include in it that we waive any or all minor irregularities with respect to our solicitation or selection process within the procurement policy. And make a finding that the award of this agreement is necessary to prevent any interruption of service in essential services and make -- COMMISSIONER FIALA: Tell me what you mean by making a finding of this agreement necessary to prevent -- no, the motion before then, waive any and all minor irregularities? What does that mean? CHAIRMAN HENNING: Of our -- we have a purchasing policy, and my motion to second it would be to waive any of those purchasing policies. Kind of like we do on just about every agenda where staff is Page 113 September 23, 2014 asking us to waive the purchasing policy. COMMISSIONER FIALA: And where they're crucified for something at times because they -- CHAIRMAN HENNING: Could be. And then the other one is to prevent any interruption of service that would be -- you know, we know there's an agreement, banking agreement with Fifth/Third with the Clerk of Court. That's going to expire in October. Therefore, after that we may not have a bank. So we're finding that it's necessary to have a -- so we don't potentially interrupt any delivery of service. COMMISSIONER FIALA: That makes sense. I'm not questioning that. I just questioned the other one. It seemed like there was something deeper on that and that concerns me. If the motion just included -- if my motion will include just that there would not be any interruption in the service. CHAIRMAN HENNING: I ran this through the -- the County Attorney and I talked about this. MR. KLATZKOW: There were a number of irregularities in the bidding process, including Sunshine violations. We are as a Board recognizing that and waiving them in your decision-making process. COMMISSIONER HILLER: I'm shocked. Oh, my God. CHAIRMAN HENNING: Well, that -- that's debatable. And make a finding that it's in the best interest of the county to award the agreement. So that's my second, if you're going to include that. COMMISSIONER FIALA: Okay. As long as that's something that the County Attorney recommends, then I will include that. MR. KLATZKOW: I recommend it, yes. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Discussion on the motion? We're going to talk about the motion, correct, Commissioner Page 114 September 23, 2014 Hiller? COMMISSIONER HILLER: Yes, sir. CHAIRMAN HENNING: Okay. Please. COMMISSIONER HILLER: We cannot as elected officials waive illegal acts in our decision making. We cannot sit here knowing that there were irregularities committed by the Clerk and his staff and knowing that accept a contract that is being executed based on that. I can't even believe, County Attorney, that you're suggesting what you're suggesting. With respect to the interruption of service, Leo has reached out to Fifth/Third. Fifth/Third has said if the Board would direct them to bring back a proposal -- we don't have a contract with them now. We're not a party to the current agreement between the Clerk and Fifth/Third. So as a consequence, we need a contract today with Fifth/Third to continue services. The County Manager has been doing what the Board directed him to do. He has gotten his staff to very expeditiously put together an RFP. That RFP, according to the County Manager, would be done by Friday. I'm not sure what this rush is. We know that the Clerk has done wrong. We're giving the banks the opportunity to be selected legally and ethically in the public's interest. I would like to ask some questions as to what this rush is all about. Crystal -- and let me just say this. I'd like to also say, because this is a matter of fact. I mean, these are factual questions, and they are very important to me in my decision-making. Everybody I ask a question of, I'm going to ask to be put under oath. So Court Reporter, would you put Crystal under oath? CHAIRMAN HENNING: I think you need to do that at the beginning of the item. But I don't think anybody has a problem with -- COMMISSIONER HILLER: Would you have a problem being Page 115 September 23, 2014 put under oath, Crystal? MS. KINZEL: Good, thank you. CHAIRMAN HENNING: I don't think the Board would have a problem. COMMISSIONER HILLER: Well, the Board is automatically under oath. I mean, we're put under oath as soon as we're elected, so everything that we state here is a matter of-- CHAIRMAN HENNING: It's not fact at all. It's just all political. MS. KINZEL: And Commissioner Hiller, I'd be happy to answer any -- COMMISSIONER HILLER: No, there's a lot of-- go ahead, thank you. CHAIRMAN HENNING: Hang on. Everybody that's going to participate in this needs to be sworn in. You're going to tell the truth, the whole truth and nothing but the truth. It's not just one person, Commissioner Hiller. COMMISSIONER HILLER: We're already under oath. CHAIRMAN HENNING: No, no, no. COMMISSIONER HILLER: But I have no problem, all of us can be sworn in. I have no problem. CHAIRMAN HENNING: No, anybody other than the Board of Commissioners. COMMISSIONER HILLER: Okay, anybody other than the Board of Commissioners can be sworn in. That's fine. Can you swear Crystal in. CHAIRMAN HENNING: No, wait a minute. She's not chair, okay. COMMISSIONER HILLER: Every individual -- CHAIRMAN HENNING: She was. COMMISSIONER HILLER: Every Commissioner is allowed to request this individually. Page 116 September 23, 2014 CHAIRMAN HENNING: But we're -- there's a process you need to do it. COMMISSIONER HILLER: Please go ahead and do it. CHAIRMAN HENNING: And you need to be sworn in by the court reporter and that's the process that we do. So anybody wishing to participate in this item, besides the Board of Commissioners, would raise their right hand so they can be sworn in by the court reporter. (Mr. Ochs and Ms. Kinzel were duly sworn.) COMMISSIONER HILLER: I'd like to ask some questions of Senator Richter also. CHAIRMAN HENNING: Now wait a minute, wait a minute. COMMISSIONER HILLER: I just want to know some things. CHAIRMAN HENNING: County Attorney, I mean, he's not a speaker to sign up. COMMISSIONER HILLER: Well, he's here representing the bank, isn't he? I thought he was here because he wanted to say -- CHAIRMAN HENNING: What's the process? SENATOR RICHTER: This is a public meeting, correct? CHAIRMAN HENNING: What's the process? MR. KLATZKOW: Nobody who does not want to speak need speak. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: If he doesn't want to speak, that's fine. If you don't want to speak, it's your choice. I'd like to ask some questions, but if you don't want to answer, that's fine. CHAIRMAN HENNING: You know, we know what the outcome is going to be on this, so -- COMMISSIONER HILLER: We do? CHAIRMAN HENNING: -- let's go through the process. Page 117 September 23, 2014 You have your questions you want to ask Crystal. Please continue. COMMISSIONER HILLER: Crystal, what is the reason that this can't be put out to bid? Has Senator Richter or any member of the bank told you or the Clerk that there is some time deadline that they can't wait and that it has to get done now and we can't wait to re-let it? MS. KINZEL: Commissioner Hiller, this process started back in May -- COMMISSIONER HILLER: No, if you could just answer my question. MS. KINZEL: No, I would like to answer it in total, please. This operation -- the process for selecting banking services started last May. The banking services contract that we have had for several years with Fifth/Third expires November 1. You are already behind the eight ball on any operational items that we have with banking services. This will be a crunch. Even your own departments have said it will take probably 60 days. We're now well below 60 days to November 1. The urgency in trying to resolve this, which is the reason that we brought this item back to be fully cooperative the way it has been for many years, we would like a cooperative agreement and move forward so that we can engage the processes and be ready to go with services November 1. COMMISSIONER HILLER: I appreciate what you've said. It's not answering my question. Has there been any discussion between you and the Clerk or has the Clerk told you -- was there anything that Senator Richter brought up related to the reason that this had to be done now? MS. KINZEL: No, the reason is our reason for -- COMMISSIONER HILLER: I'm not asking that, I -- MS. KINZEL: I answered the question. No, no one has brought Page 118 September 23, 2014 this up. This is our timeline for operational continuity and efficiency. That's why we started in May to try to get these things in place so that it would be a continuous service. COMMISSIONER HILLER: Well, just so you understand, the reason we're here today with this problem is because the Clerk didn't do his job properly and we have irregularities which are material. CHAIRMAN HENNING: What's your question? COMMISSIONER HILLER: Just continuing. And by the way, we don't have exigent circumstances because we have Fifth/Third that is willing to go forward -- CHAIRMAN HENNING: Okay, what's your question? COMMISSIONER HILLER: Please stop interrupting me. -- on a month-to-month basis 'til this issue is resolved. Can you explain to me why the Clerk refuses to accept the 30-day termination provision in our contract, which is standard, why we as a Board do not have the unilateral right to terminate on 30 days notice? MS. KINZEL: No, I think the 30 days was just a standard that we already had in place. I mean, there's nothing unique about it. COMMISSIONER HILLER: County Attorney, can you weigh in on that? MR. KLATZKOW: Both staff and I asked for a change in the contract so that currently the contract reads that the Clerk and the Board may terminate on 30 days notice. We ask that it read that the Clerk and/or the Board of County Commissioners have the right to terminate on 30 days notice, and that change was not incorporated. COMMISSIONER HILLER: That's a very material issue. Commissioner Fiala, did anyone approach you on this? Like did anyone from the Clerk's Office or the bank approach you ahead of this vote? COMMISSIONER FIALA: Ahead of this vote? Well, I think the Clerk came down the halls and talked to everybody in our -- on our Page 119 September 23, 2014 hallway that was there. But I approached the Clerk and I said we need to get this thing -- it was me that approached the Clerk and I said, we need to get this thing settled. We just can't let this languish. And I said -- and I don't think he thought it could be done, but I said, you know, all we need to do is get the players together. Get the County Manager, get Mark Isackson, get the County Attorney, sit down at the table and see what you've already come together with. I said, you know, ask questions, change things if you want so we have a total agreement between all departments. And I said, and then all of the co-signers would then be a part of this agreement. And the Clerk agreed and then they took it from there and called -- I don't know if one of you called Jeff and one of you called Leo. And then I wasn't privy to that meeting, I was not there. But I understand that some questions were asked by the County Manager and then they signed it. And I said, now put it on the agenda. I said now it's a new contract. So it was me that started that. COMMISSIONER HILLER: And no one else approached you to address this contract. COMMISSIONER FIALA: No. COMMISSIONER HILLER: So you don't have a problem signing a contract and waiving the Board's policy and waiving illegal acts that basically are behind this underlined contract? COMMISSIONER FIALA: You know, if these illegal acts were something -- I mean, forgetting to advertise something is one thing. And I think -- I realize that other places -- maybe the Clerk's Office hasn't forgiven us for that for different things, but I think that we need to be the bigger party to this and say we can overcome that. He did by choosing a whole new committee. And so I can get along with that. COMMISSIONER HILLER: And the other issues are okay with you? Page 120 September 23, 2014 COMMISSIONER FIALA: What other issues? COMMISSIONER HILLER: All the issues that I brought out at the last meeting about the improprieties in his process. And in effect that this is a sham selection. I don't want to have to repeat all of it, because we don't want to revisit that. I mean -- COMMISSIONER FIALA: I'm afraid that when you made kind of like broad statements, it wasn't this, this, this and this. So as a broad statement from you, I wasn't aware of any of the other -- COMMISSIONER HILLER: But you supported it. You supported the reasoning and you voted in favor of having the -- COMMISSIONER FIALA: Yes, I did, because I felt it could be fixed. But it couldn't be fixed that way. I feel that he's corrected the things that he needed to correct. COMMISSIONER HILLER: I see. Okay. CHAIRMAN HENNING: Okay, you're done. Commissioner Coyle? COMMISSIONER COYLE: I thought the last time we discussed this the County Attorney had the opinion that this was not a legally acceptable item to be approved by the Board, and Mr. Brock said that he had the authority to do this by himself, and that it was the County Attorney's opinion at that time that if Mr. Brock believed he had the right to do this, let him do it but do it alone and the Board of County Commissioners should not endorse the procurement process that was followed by Mr. Brock. I don't see that anything has changed here. And in fact the disagreements were not fixed, as the County Attorney has said. Mr. Brock has retained veto power over the Board's votes. We have no vote unless we get Mr. Brock to agree to do what we want to do. So given those circumstances, at the very least this Board should not endorse Mr. Brock's actions. If Mr. Brock believes that he can legally proceed on his own, then that is his responsibility. And we Page 121 September 23, 2014 should proceed with what our action is, to ask the county to address the procurement process and solve that issue. That issue is not solved by the vote we take here today. Any vote here to endorse Mr. Brock's actions is merely acquiescence in his improper solicitation process. So I cannot vote for this. If Mr. Brock believes he can legally do this in this manner, then let him go along with it. I don't know of any reason why we should try to endorse Mr. Brock's actions. Otherwise he'll continue to do things like this, as he always has in the past. CHAIRMAN HENNING: Okay, I'm going to speak on the motion. I'm going to support the motion because it would prevent any delay of payment, not only to our employees but our vendor. I've asked the County Manager several times to get back to me on if the bank, Fifth/Third, would extend the contract. He has not done that. So I'm assuming the answer is no. Any other contract between the Board and any other bank at this time under what I consider emergency would take a waiver of our policy, our purchasing policy. This went out to bid and it was scrutinized by several people. And, you know, we must get on and do the public's business. So is there any other questions or comments on the motion? Commissioner Fiala? COMMISSIONER FIALA: Yes, you just said it was scrutinized by many people. I think that the first round that was presented to us was done most internally in the Clerk's Office. And that's why I felt it needed to -- because the County Attorney himself said it was insufficient, legally insufficient to be presented. And I couldn't vote for that. So that's when I called the Clerk's Office. I said are you ready to do it the right way to include everybody on this committee, talk with everybody, get -- if they feel that they want to sign, then you've got a cooperative agreement between all the parties. Page 122 September 23, 2014 And he said yes. And so then I asked the County Attorney, will this be acceptable, will this be legally sufficient? He said yes, if they all meet, it will be legally sufficient. So then I kind of prompted that to happen. CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN HENNING: Motion carries 3-2, Commissioner Coyle and Commissioner Hiller dissenting. Next item? Item #12B BOARD OF COUNTY COMMISSIONERS PROVIDE DIRECTION TO THE COUNTY ATTORNEY AS TO WHETHER TO INTERVENE IN LITIGATION WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") AGAINST THE DAN A. HUGHES COMPANY, L.P., BASED ON HUGHES COMPANY'S ("HUGHES COMPANY") UNAUTHORIZED ACID FRACKING ACTIVITIES IN COLLIER COUNTY - MOTION TO CONTINUE MR. OCHS: Next item is Item 12.B, Mr. Chairman. That is a request that the Board of County Commissioners provide direction to the County Attorney as to whether to intervene in litigation with the Florida Department of Environmental Protection against the Dan A. Page 123 September 23, 2014 Hughes Company, L.P., based on Hughes Company's unauthorized acid fracking activities in Collier County. CHAIRMAN HENNING: Before we get started, I do want to say I received -- when we were at lunch, and I copied all the Commissioners, The Conservancy has agreed with some stipulations with DEP on this issue. So it's good to see that we're having further cooperation with interested groups and government to the final resolution, you know, this particular incident and future legislation. Jeff, this is your item? MR. KLATZKOW: Yeah, I don't know if you want to hear the public speakers. COMMISSIONER FIALA: Say that again? MR. KLATZKOW: I don't know if you want to hear the public speakers first. But briefly stated, at your last meeting you had asked me to discontinue or withdraw our petition, subject to receipt of a letter from Secretary Vinyard. We got that letter. I certainly ask the Commissioners if they are satisfied with that letter. I had two Commissioners that told me they were not satisfied with that letter, so I have not yet pulled that petition. I figured I'd give the Board the opportunity to address that issue, along with whether or not you want to join in at DEP's request their litigation against Dan A. Hughes Company. CHAIRMAN HENNING: That's two different issues. I don't know if the dissenting Commissioners want to talk about it in this item or do it under Commissioners comments. What's the pleasure? COMMISSIONER NANCE: I would just like to bring it up, because I think it's part of the entire package, Commissioner Henning. CHAIRMAN HENNING: Does anybody object to that? COMMISSIONER NANCE: Our decision on one relates directly to the other. CHAIRMAN HENNING: Okay. Do you want to start out with Page 124 September 23, 2014 that then? Let's -- MR. KLATZKOW: I think they're interwoven. CHAIRMAN HENNING: Pardon me? MR. KLATZKOW: I think they're interwoven. CHAIRMAN HENNING: Commissioner, was it Nance, did you have concerns about the -- COMMISSIONER NANCE: Yes, I very much appreciate the letter. And if you'll recall, I requested some very specific things from Secretary Vinyard when he was here. I appreciate the fact that he sent the letter. The letter was not as specific as I had hoped. And actually, I'm encouraged by what The Conservancy has done here. What I was going to propose was that we request from DEP and Secretary Vinyard a Memorandum of Understanding to go along with their letter that outlines in specific some of the things that we requested in our dialogue, each of us, and for the Commission to authorize the Chair to work with DEP to accept that Memorandum of Understanding based on what our requests to them have been on this issue. And that if they would supply us with that MOU, I'd be more than glad to follow through with our agreement to drop our -- CHAIRMAN HENNING: I thought everything was in there that addressed the Board's concerns that was voted on. Are you saying -- what MOU? COMMISSIONER NANCE: I was just asking for an MOU to memorialize their commitments. Rather than just have a letter to have a Memorandum of Understanding that outlines what's put forth in the letter. And I think they could go back to the transcript and see what they agreed to and be sure that they include what they agreed to, which I think they're falling short on a little bit. I looked at the transcript and I think there are shortcomings in their letter. CHAIRMAN HENNING: Well, an MOU is signed between two parties. Page 125 September 23, 2014 COMMISSIONER NANCE: Yes. CHAIRMAN HENNING: So if-- how would you -- COMMISSIONER NANCE: I would like the Board to authorize you to just review the letter in your wisdom representing the Board and sign on our behalf so that we do have a written commitment from them. MR. KLATZKOW: The MOU would be between the DEP and the Board so this item would have to come back for Board review and CHAIRMAN HENNING: That's true. Okay. COMMISSIONER COYLE: I've got a question. Why isn't a legal stipulation acceptable, more acceptable than a Memorandum of Understanding? We've got this legal stipulation between FDEP and us signed by Secretary -- CHAIRMAN HENNING: Well, that's The Conservancy. COMMISSIONER NANCE: That's The Conservancy. That's an agreement with The Conservancy, sir. I mean, I'm encouraged by that. I wish that they would grant us the same consideration they've granted The Conservancy. I think that's wonderful. CHAIRMAN HENNING: So you want me to work on some kind of stipulated agreement between DEP and the Board of Commissioners and bring it on a future agenda. COMMISSIONER NANCE: Yes, sir. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: It would be the same as this stipulation? CHAIRMAN HENNING: Yeah, not -- well, the same format. COMMISSIONER HILLER: There's no need to have Commissioner Henning do this. The County Attorney -- I mean, the Board has given the County Attorney direction what needs to be put in Page 126 September 23, 2014 this agreement. However -- whatever legal format is best to make it binding should be in the County Attorney's opinion and then he should just bring it back to the Board for approval. I mean, there's no need to assign any Commissioner to go do what the Board as a whole has already done. And then just bring it back. CHAIRMAN HENNING: Okay. Well, let me go back to what Commissioner Nance has said and find out if there's any objections. And that would be Commissioner Nance's wishes for me to, you know, work with a stipulated agreement with DEP and bring it back to the Board. Does anybody object to that besides Commissioner Hiller? COMMISSIONER COYLE: No. COMMISSIONER FIALA: No. CHAIRMAN HENNING: Okay. Somebody else had concerns about the letter from DEP? Jeff, can you help me out here? MR. KLATZKOW: Commissioner Fiala has some concerns. Commissioner Fiala's primary concern that was related to me was the letter did not mention fracking. When I asked DEP if they would put that in, DEP is uncomfortable using that term. CHAIRMAN HENNING: Hm. Well, we have something from Collier Resources that said there will be no fracking for this new process. They're not going to allow it until the DEP makes rules on that process, which has to go through the Florida legislature. But that wasn't even brought up, though, I mean, at the last meeting when we asked for certain stipulations. But I can include that, if you would like, in my request to DEP. COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Does anybody have any objection to that? COMMISSIONER NANCE: No, sir. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: I'm not supporting you going to Page 127 September 23, 2014 talk to DEP. I don't agree with, you know, closed door meetings between you and DEP. I think the County Attorney was given direction by the Board and the County Attorney should go get what the Board directed him to get in a manner that, you know, legally binds DEP and makes them obligated to us. I don't see any reason for your involvement. COMMISSIONER NANCE: Well, I'm certain that the Chair is going to involve the County Attorney. Everybody -- you know, I think the two of them have been most involved in this discussion. COMMISSIONER HILLER: Not at our direction. COMMISSIONER NANCE: No, but I think it's prudent at this time to do that. I think we have a very short window in time. We've agreed that this course of action is wise. But I'm just trying to memorialize it a little more. Like I say, I'm encouraged by the fact that The Conservancy has simply done the same thing. COMMISSIONER HILLER: I support the memorialization and I support it being done by the County Attorney. CHAIRMAN HENNING: Commissioner Coyle, do you have any objection? COMMISSIONER HILLER: Bringing it back to the Board and the Board voting as a whole. CHAIRMAN HENNING: Well, let's hear from our public speakers. MR. MILLER: Mr. Chairman, we have eight registered public speakers. Your first speaker is Jennifer Hecker. She will be followed by Dr. Karen Dwyer. MS. HECKER: Good afternoon. Jennifer Hecker on behalf of The Conservancy of Southwest Florida. And we are very happy to be able to offer our comments today, thank you. The Conservancy of Southwest Florida had sought the county to obtain the safeguards for appropriately protecting Collier County Page 128 September 23, 2014 citizens and our water supply from potential contamination from the Hogan well violation and legally binding commitments from DEP prior to its withdrawal from the petition challenging the DEP consent order or considering intervention into DEP's suit against Hughes. We've offered our assistance and requested the Board to provide direction to the County Attorney to collaborate with us to that end. We also had discussions with the County Attorney and the Chair where we had expressed an interest in trying to work to create a three-way agreement where we could try to get the type of commitments that you all have expressed verbally that you're seeking, in writing in a legally binding fashion. However, since the Board chose not to do so at this last meeting and voted to withdraw without these additional commitments, The Conservancy, on behalf of our members and all citizens, including our partners, had to itself pursue securing these. As a result today, Secretary Vinyard signed a legally binding stipulation agreement in return for our voluntarily withdraw of our petition to intervene in the DEP consent order case. That provides us these assurances. These commitments include: Providing what chemicals will be testified for; deadlines for sampling and information releases; what secondary assessment steps would be taken if contamination were found, et cetera. Therefore we can now support the county moving forward with its withdrawal and focusing its resources on intervening and support of the DEP against Dan A. Hughes. We've provided you each a copy of the stipulation agreement and we'd be happy to pursue if there's a way to have the county enter in and make it a three-way agreement or have a similar agreement, and we would be supportive of the county pursuing that. But we think based on the agreement that we've been able to enter into with DEP that there is sufficient legally binding commitments now that would allow the Page 129 September 23, 2014 county in our view to be justified in its withdraw and to move forward with intervening in support of DEP against the Dan A. Hughes Company. Thank you very much. We look forward to continuing to work closely with the county and supporting the protection of Collier County citizens in quality of life. COMMISSIONER COYLE: Mr. Chair, can I ask a question of the County Attorney? CHAIRMAN HENNING: Yes. COMMISSIONER COYLE: Have we withdrawn from the suit against the DEP? MR. KLATZKOW: No, I have not physically withdrawn yet. COMMISSIONER COYLE: Nor did we vote to withdraw last time. We did not withdraw our suit against DEP. Secondly, it was incorrectly characterized in the Naples Daily News that it was the suit with Hughes that we had withdrawn from, which was clearly inaccurate. So there's been a lot of misinformation and people keep getting very exercised about things that did not in fact happen. So I'd just like to make that clear to everybody. We did not withdraw. I don't think we've withdrawn yet, have we? MR. KLATZKOW: No, sir. COMMISSIONER COYLE: Okay. So let's just make sure we all understand that, okay? MR. OCHS: Mr. Chairman, excuse me, the stipulated agreement that Ms. Hecker referenced that was distributed to the Board she handed to me to distribute to the Board. Mr. Chairman, under the Board's rules, I don't know if you want to take a vote to -- CHAIRMAN HENNING: Yeah, we need to take a vote on that, because that may influence our decision on this item. So is there a motion to accept the -- not accept but accept the Page 130 September 23, 2014 written stipulated agreement by DEP and The Conservancy? COMMISSIONER FIALA: Yes, motion to -- COMMISSIONER HILLER: We haven't even had time to review it. COMMISSIONER NANCE: It's just informational, is it not, sir? CHAIRMAN HENNING: Well, according to our rules on any item, Jeff, that may influence the outcome of any decision as being whether we should enter in the lawsuit or not. MR. KLATZKOW: You may want to take a break and go through this. COMMISSIONER NANCE: I don't think we've had a chance. I don't mind accepting it as informational, but I don't think we should take action based on this. I don't think anybody's had a chance to read this, digest it or process it. I think it's quite irregular for us to proceed in that way. COMMISSIONER COYLE: Why don't we continue it 'til next meeting and give us all a chance, take a -- COMMISSIONER NANCE: I would agree with that, actually. COMMISSIONER HILLER: Motion to continue. CHAIRMAN HENNING: Motion to continue what? COMMISSIONER HILLER: This whole agenda item. CHAIRMAN HENNING: Okay, that's what I needed clarification. So I need to recognize the motion before we have discussion on the motion. COMMISSIONER NANCE: We already have a motion on the floor. CHAIRMAN HENNING: What is the motion? COMMISSIONER FIALA: To accept the paperwork. COMMISSIONER NANCE: No, no, the motion on the floor is to request that the -- Page 131 September 23, 2014 CHAIRMAN HENNING: No, that was a -- I just asked if-- there wasn't a motion, I just asked if anybody had any objections to -- for the Chairman and the County Attorney to work with DEP to bring back a potential stipulated agreement. COMMISSIONER NANCE: Okay, I thought we were going to vote on that. No? CHAIRMAN HENNING: No. I wanted to see if there's any objections. There's only one objection. COMMISSIONER NANCE: Okay. CHAIRMAN HENNING: Okay, so there was a motion by Commissioner Hiller to continue this item. And who seconded the motion? COMMISSIONER COYLE: I'll second. CHAIRMAN HENNING: Seconded by Commissioner Coyle. Discussion on the motion? COMMISSIONER FIALA: Yes. If we're continuing this because we haven't read the material, do we have to then make a motion to accept this material, or being that it's on the next meeting, can they just distribute it to us afterwards? Because we don't even know what it says. CHAIRMAN HENNING: Yeah, Jennifer can email it to us. The public speakers -- even though that this may be continued, the public speakers signed up for this item and I would hope that we can allow the public speakers to speak on this item, even though that we know this is going to be on a future agenda. Does anybody have objections to that? COMMISSIONER NANCE: No. CHAIRMAN HENNING: Okay, good. MR. MILLER: Your next speaker is Dr. Karen Dwyer. She'll be followed by Alexis Meyer. DR. KAREN DWYER: The county should not withdraw their Page 132 September 23, 2014 lawsuit without first getting a legally binding and enforceable contract from DEP. A commitment letter is not enough. We need to secure the enforcement terms mapped out in your amended petition. Specifically and at the very minimum, DEP should one, install a water monitoring device below our underground sources of drinking water. Two, plug the abandoned wells to current standards. And three, investigate the inappropriate disposal of flowback. These three remedies address the three potential pathways for contamination. The well, the boreholes and the flowback. Additionally, to improve state and local communication and to make sure the community gets a public hearing, not some closed secret closed-door settlement, the county should intervene on the DEP's lawsuit. A public hearing will provide the transparency and evidence we need to stop the unlawful fracking from happening again, while remediation will protect citizens, the public water supply and future generations from toxic fracking fluids. The Hogan well is a test case. It will set a precedent and protocol for the 330,000 acres additionally leased for new Everglades oil operations. The plugging of the abandoned boreholes to current standards is critical. EPA records show that the boulder zone lacks a competent confining zone, especially in Florida's highly fractured geology. And that drilling fluids migrate and surface, especially in Florida's hundreds of improperly plugged wells from the 1940's. In this instance of unlawful acid fracking, DEP should plug the wells to current standards, which means three additional plugs at the surface 1,000 feet and 400 feet. This is such an important point because flowback can migrate into our water supply through unplugged wells, even years after the fracking. And flowback contains heavy metals, radioactive elements and trade secret chemicals, everything from benzene, a known carcinogen, to hydrofluoric acid, a Page 133 September 23, 2014 corrosive that eats bone, steel and rock. We don't want toxic fracking fluids surfacing in our drinking water. Not now, not ever. The Hogan violation also makes clear that we need new local and state regulations, including a ban on extreme extraction, a one-mile buffer zone from drill site to family home and stronger penalties, to list only three. To sum up, we need a lawsuit to provide assessment, remediation and permanent revocation of the Hogan well, and long term we need new oil regulations to protect our water and communities from extreme extraction in the greater Everglades that sources all our drinking water. Further delays pose a public health threat. CHAIRMAN HENNING: Your next speaker is Alexis Meyer. She'll be followed by Jaime Duran. MS. MEYER: For the record, Alexis Meyer, representing the National Sierra club and the Florida Panther Critical Habitat Campaign. We were informed this morning that the DEP has updated their commitments of the revocation suit to obtain the minimum safeguards to protect Collier's drinking water in a legally binding agreement. Due to these updated commitments by the DEP, we support moving forward with the withdrawal of the county's petition, if the DEP commitments can be guaranteed. These include a secondary assessment of contamination, a deadline of completion for the commitments, a specific list of chemicals being tested, and most importantly that it is a legally binding agreement. Given this we support that the County Commissioners review the commitments between the DEP and The Conservancy of Southwest Florida. I want to thank you for continuing to discuss oil drilling issues and taking public comments. Thank you for your time. MR. MILLER: Your next speaker is Jaime Duran. He'll be Page 134 September 23, 2014 followed by Pamela Duran. MR. DURAN: For the record, I am Jaime Duran. I live at 24th Avenue Southeast, Naples. Commissioners, I have addressed this Board several times over the past year and a half. It has been a long and painful struggle in which I have endured dismissive comments and insults from public officials as well as members of this Board. I know that this struggle is far from over. I am here today to ask as one of your taxpaying employers for the same respect and consideration that you expect from me. Today I ask that you demand accountability and transparency from those who have shown little respect for the environment. The FDEP and the Collier family have been negligent in their obligation to basic human rights and responsibilities, as well as this Board has been negligent to your obligation to protect the rights and well-being of the residents of this county. The residents of Collier County deserve your best judgment. You must not give in to pressure from the FDEP, Collier Companies, the Dan A. Hughes Company or even the Governor to give up what we all know is right. Let the path forward include contractual assurances that fracking-like activities will not occur, that the well-being of residents will always be protected, that the damage that is evident in other states will never happen in Collier County. Current understanding is not good enough to protect your citizens. It is a poor excuse. It is your obligation, just as it is mine, to look after future generations. Let our legacy be one that will make our grandchildren proud of us. Thank you. MR. MILLER: Your next speaker is Pamela Duran. She'll be followed by Dr. John Dwyer. MS. DURAN: Well, I had a speech but I'm going to ask a few questions. Page 135 September 23, 2014 Does anybody know where the boulder zone goes? We've heard the Collier family talk about it, we've heard the FDEP talk about it, and today we heard the Dan A. Hughes talk about it. Everything goes into the boulder zone. The boulder zone is an underground river that flows. And where does it flow? We're talking about this dilution. All these toxic chemicals are going to be diluted in this river. This is not a container, this is a river that flows. Where does it end up? Has anybody said, where does this end up? Where does the boulder zone empty into? Does anybody know? Did anybody ask? I asked Fred McManus, the head of EPA. And it's going into the Atlantic Ocean. And the fish are going to be considered toxic. Now, your grandchildren will eat maybe, one, two, will they even eat three fish? We know mercury is in the fish and we've asked pregnant women and young children, don't eat it. When is the coverup about -- what are we doing to the future generation? Does anybody care? Nobody asked where is this ending up at. We're putting toxic chemicals and we don't know. The Gulf is already a mess. Why not have the Atlantic Ocean? Thank you. MR. MILLER: Your next speaker is Dr. John Dwyer. He'll be followed by Patty Whitehead. CHAIRMAN HENNING: We need to speak on the item at hand, okay? Even though it's going to come back, can we please stay on task and talk about the item on hand? DR. JOHN DWYER: Would you give me more specific instructions? What is the item at hand? CHAIRMAN HENNING: The item at hand is whether the Board of Commissioners should enter with the State of Florida of suing Dan A. Hughes. DR. JOHN DWYER: Okay. And does that also mean withdrawing your suit against the DEP? CHAIRMAN HENNING: No. Page 136 September 23, 2014 DR. JOHN DWYER: Two separate things. Okay. The thing that I have prepared to speak about is really not going to be conforming to that; therefore, I'm going to withdraw without saying much more than my first sentence. And that is the kingpins of carbon have blackened the facade of democracy. Thank you. CHAIRMAN HENNING: Thank you. MR. MILLER: Your next speaker is Patty Whitehead. She'll be followed by Noelia Rodriguez. MS. WHITEHEAD: Good afternoon, Commissioners. Patty Whitehead for the record, representing Preserve Our Paradise. How are you, sir? I definitely support intervening with the DEP but also keeping pressure on the DEP. I don't quite know legally how that would work, but that's why we have attorneys. My concern is that, you know, so many issues haven't been addressed and so many thresholds haven't been crossed in this process. Of course much of that due to the fact that DEP did intervene early on to stop the work-over, the improperly notified I suppose work-over. But, you know, there is a pending permit. I believe it's pending. I've heard from some of my colleagues than it's already approved Class II injection well for that site. That's another thing that the county should really delve into. I believe the permitting is in the hands of the EPA, but there's also DEP components, so please look into that. Please put that on your radar screen to find out about. It's separate, because if that does go through, it's possible that other drillers could dispose of their wastewater at that site -- CHAIRMAN HENNING: That's not the item on the agenda. MS. WHITEHEAD: I understand that, sir, but it's a component issue for sure. But yes, I do applaud the action that DEP has taken so far in Page 137 September 23, 2014 cooperating with The Conservancy on the stipulations, and I would hope that the county would meet and exceed all those concerns. Thank you. CHAIRMAN HENNING: Thank you. MR. MILLER: Your final speaker is Noelia Rodriguez. UNIDENTIFIED MEMBER FROM THE AUDIENCE: She had to go. MR. MILLER: She is not here, sir. That is all your speakers on this item. CHAIRMAN HENNING: So we have a motion and a second to continue this item. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Mr. Chairman, you have public comments on general topics. CHAIRMAN HENNING: Okay. And until the rules change, it's for the public's -- for the public to comment to elected officials on items that are not on the agenda or won't anticipate being on the agenda. So please call the -- Page 138 September 23, 2014 MR. MILLER: Your first speaker is Garrett FX Beyrent. He'll be followed by Jennifer Hecker. MS. HECKER: I'll waive, thank you. CHAIRMAN HENNING: Next speaker? MR. BEYRENT: For the record -- okay. MR. MILLER: Oh, the next speaker --just one second. Mr. Beyrent will be followed by Dr. Karen Dwyer. DR. KAREN DWYER: We're all waiving because we just spoke. CHAIRMAN HENNING: I would like to hear that first, the speakers signed up. Go ahead. MR. MILLER: Dr. Karen Dwyer, do you waive? DR. KAREN DWYER: Yes, waive. COMMISSIONER HILLER: Alexis Meyer? MS. MEYER: Yes. MR. MILLER: Jaime Duran. MR. DURAN: Yes. MR. MILLER: Pamela Duran. MS. DURAN: Yes. MR. MILLER: Patty Whitehead. MS. WHITEHEAD: Yes. MR. MILLER: And Noelia Rodriguez is no longer here. So that is the bulk of the public comment, aside from Mr. Beyrent. CHAIRMAN HENNING: Maybe they'll cede their time to him. MR. MILLER: You now have 137 -- no. MR. BEYRENT: For the record, I'm Garrett FX Beyrent. I've been a real estate developer and broker in Naples for 43 years. I'm currently an unemployed sign holder and creative genius. In any case, I'm here to speak about a proposal I made at the direction of Commissioner Fred Coyle several months ago. We were angling to bring Hertz Global Headquarters to Collier County, and Fred made a comment when I was at a Board meeting that the problem Page 139 September 23, 2014 with Collier County is we don't have any shovel ready property. And he was exactly right. And when I heard that, I said boy, maybe I could do something about that. So I got ahold of Commissioner Coyle. He suggested that he was kind of hoping that Leo Ochs would get together with Nick Casalanguida and maybe talk to Bruce Register, which actually did occur with a little nudging. And I suggested to them that maybe I could talk to about four or five land use attorneys and maybe we could come up with a new amendment to the comprehensive land use plan that would allow for more efficient use and expedition of properties for global corporate headquarters. And as a result we came up with an ordinance proposal which was deemed to be the corporate headquarters overlay district. Leo Ochs took it, at the direction of the Commission, to have a meeting, and the meeting consisted of Leo chairing with Mark Strain, our Hearing Examiner, Mike Bosi, from planning, and Bruce Register. And essentially everybody agreed that Mark Strain's idea of a simpler way to amend our comprehensive plan was to just simply fit Global Corporate Headquarters' uses into our C-1 through industrial zoning categories, which was far more simpler than creating another one of our overlays which we, as Mark said, have too many of them already. But this -- actually the reason this happened was because while I was -- do I have like 107 minutes? MR. MILLER: No, 30 seconds. MR. BEYRENT: Anyhow, make it short, we're working on that. And I'm also working with Commissioner Fiala and Commissioner Fred Coyle on the creation of public parks that cost the county nothing. And last but not least I'm working with the disabled veterans holding signs. So I'll have to save those for a later date. Thank you. MR. MILLER: That was our last registered public speaker. COMMISSIONER COYLE: I have a comment. Who's vice Page 140 September 23, 2014 chair? COMMISSIONER NANCE: I am, sir, take the floor. COMMISSIONER COYLE: Do I have 30 minutes? COMMISSIONER NANCE: As long as you wish, sir. COMMISSIONER COYLE: I did promise Mr. Beyrent during one of our conversations that I would put in a plug for helping our disabled veterans. They've been adversely impacted by the sign holding ordinance. I understand why we have that ordinance. And I'm wondering if there's another way that we can help the disabled veterans. If we have any day labor jobs that could be targeted toward disabled veterans in Collier County, I don't know if you need day laborers for doing things, but certainly that's what they're doing when they're holding signs. And so if there's anything that we could do, I would greatly appreciate it and strongly support it. MR. OCHS: Yes, sir. Be happy to. Item #10C PLACEMENT OF ATTACHED BANKING SERVICES DOCUMENTS INTO THE OFFICIAL RECORD (PER AGENDA CHANGE SHEET) - MOTION TO APPROVE — APPROVED CHAIRMAN HENNING: We're going to go to 10.C? MR. OCHS: Yes, sir. That's the placement of attached banking services documents into the official record. This is Commissioner Hiller's item. CHAIRMAN HENNING: You wanted to ask County Attorney a question, Commissioner Hiller? COMMISSIONER HILLER: That's no action required. It's just on the record. It's already on the record. There's nothing to vote on, it's there. Page 141 September 23, 2014 CHAIRMAN HENNING: Well, let's ask the County Attorney what you were going to ask but we knew that this item would take quite a while. COMMISSIONER HILLER: No, there was nothing to ask. The County Manager erroneously uploaded the wrong information. It wasn't going to ask anything. I gave clear direction that this was strictly uploaded at my request and no recommendation was required. Which is what we all voted on at the agenda setting this morning. CHAIRMAN HENNING: This is the Board of Commissioners agenda. So let me ask the County Attorney, does the Board of Commissioners need to vote on Commissioner Hiller's item to accept these to put into the official record? COMMISSIONER HILLER: My motion was -- CHAIRMAN HENNING: No, I'm going -- would you -- COMMISSIONER HILLER: -- not to accept. That's not what I'm asking. I'm not asking -- CHAIRMAN HENNING: Are you asking to withdraw this item? COMMISSIONER HILLER: No, sir. And stop manipulating the facts. CHAIRMAN HENNING: Then stand away from the mic. I've asked the question. Just be silent for a minute so we can get an answer. Can you accept that? Would that be okay? (No response.) CHAIRMAN HENNING: County Attorney? MR. KLATZKOW: All items on the agenda are voted on by the Board. CHAIRMAN HENNING: Okay. Well, let me ask you another question. If a commissioner wants to introduce items onto the record, does it have to be voted on by the Board of Commissioners or is it just put into the record? MR. KLATZKOW: The way we typically put things in the Page 142 September 23, 2014 record is through an executive summary. CHAIRMAN HENNING: Correct. MR. KLATZKOW: All documents are loaded by staff in support of the item. That thing gets published, it goes out to the Board of County Commissioners and the public four days before the meeting so that everyone could have a chance to review the materials, and then it comes to the Board for a decision. CHAIRMAN HENNING: What about if it's done on the fly? MR. KLATZKOW: What we typically do is if in the beginning of a meeting somebody wants to introduce more stuff, what we typically do is we either say okay, we don't have time to review this at this point in time, we'll continue it to another meeting, or we'll simply vote to accept it and move head. CHAIRMAN HENNING: That's exactly what we did with this stipulated agreement between DEP and The Conservancy is we continued it so we can -- we didn't accept it, in other words, like Commissioner Nance said. We need to review that before putting it in the agenda, correct? Okay, I'm going to make a motion to approve 10.C. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Henning, second by Commissioner Fiala. Discussion? COMMISSIONER HILLER: Yes. CHAIRMAN HENNING: I'm sorry, I forgot all these. Okay, Commissioner Hiller. COMMISSIONER HILLER: There is no motion required. This is not recommendation to accept these documents. We have the legal right to put what we want on the agenda. There is no action required, there is no vote. At the last Board meeting you violated the ordinance because Page 143 September 23, 2014 when I wanted to introduce the record you refused. And you didn't suggest that there be a continuance, you strictly refused and that was it. And you said that you had the right to and that was the end of the discussion. I have the right to put documents on the record, and there is no vote to accept them. They are on the record already. They are part of the agenda, it was accepted, they're there. And you can't deny it or accept it. It's present. And our ordinance provides that any member of the staff or any member of the board can place information on the agenda. The Board can choose to continue it if it's not presented in a timely manner before the agenda is published. But I'm sorry, I don't understand why you're making a point of voting on this material. You do not have the desire obviously to provide information in a readily accessible manner for the public. You know, you want to control everything by vote and not allow documents to come forward into the Sunshine? Fine. Next time I present a document you don't like, you're going to try to solicit, you know, a three-man vote to block information from the public? There is no vote. It's on the agenda, it's uploaded, it's there. You can vote on it if you'd like but it's there. What are you going to do, delete it? COMMISSIONER FIALA: And Commissioner -- CHAIRMAN HENNING: Are you done? COMMISSIONER FIALA: -- we actually accepted this when we accepted the agenda as -- COMMISSIONER HILLER: Exactly, it was. You're absolutely right, Commissioner Fiala. There's no purpose for a vote and I thank you for pointing that out. Thanks. CHAIRMAN HENNING: Well, then there's no need to have any discussion on any of these items then and take a second vote on it. Page 144 September 23, 2014 The reason we set the agenda -- we voted on setting the agenda at the beginning of the meeting, not on a particular item. With that said, there's a lot of allegations. So Jeff, if you can help me. Did I violate an ordinance by -- well, her understanding is different than my understanding. My understanding is I wanted to read the documents before considering -- COMMISSIONER HILLER: You didn't ask for a continuance. There was no vote on a continuance. As a consequence it should have been accepted. CHAIRMAN HENNING: Did I violate any ordinance? MR. KLATZKOW: No. COMMISSIONER HILLER: Jeff, that's not what the law says and that's not what you said to me. Now I'm very concerned. You're saying one thing to me off the record and you're saying something different publicly. And that goes to the vote on the banking as well. I'm starting to have concerns. I expect that what you tell me privately outside of the public forum is the same thing that you tell me publicly. CHAIRMAN HENNING: Commissioner Hiller, you said you were done. COMMISSIONER HILLER: I am done. CHAIRMAN HENNING: Okay. Can you stand away from the mic, please. Thank you. Do we have to vote on accepting these documents to put in the record? MR. KLATZKOW: You typically vote on everything on your agenda. CHAIRMAN HENNING: Right, okay. That's what I thought. Is there any discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. Page 145 September 23, 2014 COMMISSIONER FIALA: This is just to accept them, right? CHAIRMAN HENNING: Yeah. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER HILLER: I'm withholding a vote. There is none required. CHAIRMAN HENNING: Okay, you're abstaining from the vote? COMMISSIONER HILLER: I am. CHAIRMAN HENNING: Okay, let me back up and say the motion carries 3-1. Commissioner Nance wasn't here and Commissioner Hiller abstained from the vote. Okay? COMMISSIONER FIALA: Would it be 3-0 if somebody abstained? CHAIRMAN HENNING: No, it passes 3-1. There's four Commissioners here, one abstained and three voted in favor. MR. KLATZKOW: It's 3-0 with one abstention. CHAIRMAN HENNING: Okay, thank you. What's the next item? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Item 15, staff and Commission general communications. Page 146 September 23, 2014 CHAIRMAN HENNING: Do you have anything? MR. OCHS: Yes, sir, just a couple quick housekeeping items. I received a call earlier -- actually last week from Chief Schultz at East Naples Fire. Their fire boards both in Golden Gate and East Naples have voted to place these signs out in their -- in front of their stations urging their constituents to vote on November 4th. He is asking permission on behalf of his board to allow these signs to be placed at two stations that are jointly owned by the fire district and the county. And he didn't want to presume that the Board would or wouldn't approve of that. But we have two stations in the district, one in Grey Oaks at Airport Road and Golden Gate Parkway, and another one on the East Trail in Naples Manor. And he's simply seeking consensus or approval from the Board that there's no objection to them placing those same signs at those stations, encouraging their constituents to vote on November 4th. CHAIRMAN HENNING: And you're asking the Board if-- MR. OCHS: If they have any objections to those signs going at those two stations. CHAIRMAN HENNING: Any objection by the Board members? COMMISSIONER FIALA: Question. COMMISSIONER COYLE: Question. CHAIRMAN HENNING: Go ahead. COMMISSIONER COYLE: Me? CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: Okay. Why aren't they governed under the same sign ordinances that any other politician or referendum is governed under? You're not suggesting that they just be able to put these at these two locations, are you? Can't they put them anywhere it is legally allowed for posting putting a political sign? Page 147 September 23, 2014 MR. OCHS: I imagine that they can, Commissioner. The request to me by the Chief was would there be an objection from this Board since they're going to place these at their other stations, would there be an objection if they placed them at these two station that are jointly owned by -- COMMISSIONER COYLE: Well, I certainly wouldn't have any objection. I'd encourage it, as a matter of fact. And I'd encourage them to put these signs anywhere else they can put them too. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: He asked my question. CHAIRMAN HENNING: Yeah, they have to ask permission of the property owner. I guess that's what they're doing. Any other comments, objections? MR. OCHS: No objection to this then by the majority? CHAIRMAN HENNING: No. MR. OCHS: Since we're on the topic of the agenda, so to speak, there's been a lot of discussion about the ability of the public to comment or not have knowledge of the Board's rules on comment and registered speakers with respect to items five and six on your agenda. I thought as one way to make sure the public knows that, if we put this type of a trailer on these two items, at least when they look at the agenda they'll know in advance that speakers are not taken on those items. So if they were going to sit here all day waiting to speak on that, they would know when they see the index. But I didn't want to presume that the Board wanted me to do that or not, but I thought I'd bring it up. CHAIRMAN HENNING: Does anybody have any objections to the additional language on our summary agenda? COMMISSIONER COYLE: I do have a question concerning that. It could be a point of confusion. There's nothing which should prevent a person from talking about two different topics. They could Page 148 September 23, 2014 make a presentation or public petition of one topic but then sign up to talk about another topic on the agenda. I don't think we should prohibit that. What I think we want to prohibit is a person taking two strikes at the same ball. And I think we could reword this a little bit to solve that problem. You understand what I'm saying? CHAIRMAN HENNING: You want some kind of notification the public is -- you know, you can't talk about other items on the agenda, like we have under public comments. MR. OCHS: I mean, the simple rule is right now the Board's rule historically has been there are no speakers allowed on presentation items and public petition items, period. CHAIRMAN HENNING: That isn't his question. Do you want someone kind of notification to kind of tell the public they can only speak on -- they can't speak on the same thing over and over. COMMISSIONER COYLE: That's right, you can speak on the same thing twice. If you signed up to speak on an item that's on the agenda, you can't speak about the same item on public petitions or presentations. CHAIRMAN HENNING: And what the County Manager's proposing, there's no public speakers on presentation or public petitions, is to add that language. COMMISSIONER COYLE: Well, the County Manager is saying that no registered speaker is permitted to speak on the items in this section. CHAIRMAN HENNING: No speaker. It should say no speaker. MR. OCHS: Commissioner Coyle, to your point, if you look at number seven below that, public comments, it's public comments on topics not on the current or future agenda. So if somebody tried to have two bites on an item on the current agenda, it would seem to be prohibitive based on what you already have for public comments. Page 149 September 23, 2014 COMMISSIONER COYLE: I'm not sure what you're telling me. Let's just take number five, presentations. No registered speakers. Now, that means a person who is registered to speak on something on this agenda. MR. OCHS: No, in this section it says. COMMISSIONER NANCE: In this section. MR. OCHS: Section five. It's just reminding the public or better informing the public of-- COMMISSIONER COYLE: All right, I misinterpreted what you were doing. CHAIRMAN HENNING: Do you have any objections to the addition of the summary? COMMISSIONER FIALA: May I jump in for a second while you're doing that? COMMISSIONER COYLE: Well, okay, but -- COMMISSIONER FIALA: In the Coconut Tele there was an advertisement by Mr. Wallace that everybody should come out from Isles of Capri and speak on this subject. And so I responded and said really nobody's allowed to speak on this subject but the person who petitioned the county, and he's the only one that has the right to speak. If you want to speak, you'll have to either come under public petition or you'll have to come at a later date. And so I think it just kind of clarifies that, you know, people can't just enlist a bunch of people to speak after their public petition. COMMISSIONER COYLE: Okay. I think I understand what you're getting at. And it seems to me that it would be clearer to most people if you were to say that only the presenter or only the petitioner is permitted to speak on items in this section. Or no -- COMMISSIONER FIALA: Additional. COMMISSIONER COYLE: -- yeah, no additional registered speakers are permitted to speak on items in this section or something Page 150 September 23, 2014 of that nature. Because I completely misinterpreted the intent here. But there still is a concern in my mind that a person will come in with a public petition on something that is on the agenda and make a public petition and then come back and speak on the item that's on the agenda. CHAIRMAN HENNING: Those are screened by the County Manager's Office to make sure they're not allowed. COMMISSIONER COYLE: Make sure they're not allowed, okay. All right. CHAIRMAN HENNING: So what language are you proposing? COMMISSIONER COYLE: Gaelic. CHAIRMAN HENNING: Pardon me? COMMISSIONER COYLE: Gaelic. MR. OCHS: What I heard him saying was instead of saying no registered speakers permitted, just turn it around and say only the presenter is permitted to speak and only the petitioner is permitted to speak on items in this section. COMMISSIONER FIALA: That works. MR. OCHS: Is that the consensus? COMMISSIONER COYLE: Yeah, that was what I had recommended. It seems to be more clearer to me that way than the way it is currently structured. CHAIRMAN HENNING: Yeah, we should all blame Beyrent for this last meeting. I know that he was behind all this. Yes, Commissioner Nance? COMMISSIONER NANCE: Mr. Chairman, I'm afraid I probably precipitated this. Because I suggested to Mr. Ochs that some of the troubles that we had in our last meeting was that the public -- CHAIRMAN HENNING: It was Beyrent. COMMISSIONER NANCE: Well, no, the public just doesn't understand some of the rules of our decorum here. And I believe we Page 151 September 23, 2014 need to supply people who are going to do public petitions more structured information on how speakers respond. And I think we need to provide that information in the hall when people sign up for speaker slips so that they are not frustrated. Because it does create a bunch of frustration. And honestly, between section five, which is a presentation and a public petition, nobody knows what that means. Nobody knows what a presentation is. They think anybody here is presenting. So I believe we need to take presentations and put information only on there, just to let people know what they're all about, and do the best we can to try to guide the public speakers through their speaker slips and through their applications for public petitions. Because what we had at the pleasure of the Board, we had some irregularities in that we did take action based on presentations. And we have taken action under Commissioners comments. And I'm actually very uncomfortable with that. But if we decide that we are going to -- that a presentation is so compelling that we're going to take action, I do believe that we need to change our rules at that time. And if we decide we're going to vote on something, we should allow speakers to speak. The problem is the typical citizen is not expecting an informational presentation to be a Board action item. And therefore that's why I'm troubled by it. CHAIRMAN HENNING: Okay. Well, the Board can change these rules because it's not a resolution or -- COMMISSIONER NANCE: Sure. CHAIRMAN HENNING: -- ordinance at any time. COMMISSIONER NANCE: Absolutely. CHAIRMAN HENNING: So if you see that we're going afoul, just say something. COMMISSIONER NANCE: I think we should take a vote as a Page 152 September 23, 2014 Board and agree if it's an informational presentation, we should not take action on it, or bring it back as an advertised item. CHAIRMAN HENNING: And I don't -- COMMISSIONER NANCE: Same with Commissioners comments. CHAIRMAN HENNING: I don't think that we should box ourself in. If you have a concern about any action item that we're about to do, and we've done this in the past, Commissioner Coyle is famous for that, he says well, I think this ought to be a regular agenda item, okay. There's nothing wrong with that. COMMISSIONER NANCE: No, I agree. But the last -- you know, we had an example, an unfortunate example where we had a presentation and we decided to take action and then we insisted that none of the people in attendance should be able to address our decision-making. And that created some consternation from the public. And I think it was fair criticism on their part. So I believe if we decide to make that change that we should also allow at least at the minimum those in attendance to opine on our voting. CHAIRMAN HENNING: Right. And I think that could be action of the Board at the time. COMMISSIONER NANCE: All right, sir, fair enough. CHAIRMAN HENNING: Does anybody -- do you have any problem with this particular language? COMMISSIONER NANCE: No, sir, I think anything we add there is helpful. MR. OCHS: Yeah, I have a little bit of a concern now listening to this last discussion. If I understood it correctly, the Board still has the latitude to take action on a presentation item if the majority feels that that's in order. If that's the case, then I would be reluctant to say only the Page 153 September 23, 2014 presenter is allowed to speak on the item. I might just, you know, having listened to all this, maybe try to find a better way to get the general rules out to the presenters and the petitioners and maybe not put a hard and fast statement on these indexes if that cuts the Board's flexibility off. CHAIRMAN HENNING: We have the flexibility to -- the suggested added language to waive it at that time. But in fairness to the public, I think they ought to be aware of it ahead of time. MR. OCHS: Okay. CHAIRMAN HENNING: You know. Like Commissioner Nance has said, you know, if it's going to be an action item then we might waive the rules to allow the public to speak. MR. OCHS: Yes, sir. CHAIRMAN HENNING: Or put it on a future agenda like Commissioner Coyle has said over and over again. COMMISSIONER NANCE: That's preferable to me. CHAIRMAN HENNING: Yeah, I agree. Commissioner Hiller, do you have any input on the suggested language? COMMISSIONER HILLER: Yeah, I think it's absolutely unacceptable to vote on a public presentation where speakers can't speak. I think that is a no vote item just like public petitions are in effect a no action item other than to direct staff to bring the petition item back. You know, the wording for presentations and public petitions should be very simple, you know, there will be no public speakers on these items, speak under public comment at 1 :00, or after 1 :00. I mean, I think this is absolutely -- CHAIRMAN HENNING: Leo, you have a majority to add that. Commissioner Hiller, it's my duty to recognize motions, and that's why I recognized your motion under DEP's at the last meeting. Wasn't Page 154 September 23, 2014 my duty to say no, you can't do that. There's no rule on not taking motions under presentations. So I just want to tell you why I recognize your motion to -- COMMISSIONER HILLER: Yeah, it was -- I was remiss. I mean, there's no question. Because I wasn't thinking it in the context of this conversation. And this conversation has brought to light to me that that probably was the wrong thing to do and you shouldn't have accepted it and we should have done what Commissioner Coyle said at the time which was to wait and put it on the agenda. And after hearing this discussion, I have to concur with Commissioner Coyle that presentations should be relegated to that or they should be brought under Board of County Commissioners or County Manager with, you know, a presentation by someone on behalf of that Board member. But I think that if you're going to put it in that category, as I listen to this conversation, it does create some confusion as to whether or not there's going to be an action taken by the Board because there is no recommendation on the part of anyone, be it a Board member or a staff member. So I feel that I have to -- you know, on reflection, I have to agree with Commissioner Coyle's interpretation of what should have been done at the last meeting. And yeah, I feel going forward we really do need to take a different tact. Commissioner Coyle, I'm sorry, you're right. COMMISSIONER COYLE: That's all right. I understand you go astray from time to time. COMMISSIONER HILLER: Hey, listen, I'm going to miss you. COMMISSIONER COYLE: As long as you find the proper path, it's okay. COMMISSIONER HILLER: That's what it's all about, right? COMMISSIONER COYLE: That's right. But I would like to say that if there is that much agreement on the Page 155 September 23, 2014 Board for doing that, we should notice that here also. COMMISSIONER HILLER: Yeah. COMMISSIONER COYLE: And say that without -- we're likely to get too wordy here, but say that the Board will take no action on these items or no vote on these items unless it is scheduled for a public hearing. And that lets everybody understand what to expect there. COMMISSIONER HILLER: Just say no vote, no vote, no public speaking. I mean, and that's the point. I mean, the point is to allow the public to speak on a matter that we as a Board would be voting on. And these two items we should prospectively not vote on. CHAIRMAN HENNING: And again, I don't want to box it in, but I think that we're all saying the same thing. COMMISSIONER HILLER: Could have fooled me. CHAIRMAN HENNING: But it's up to the Board. COMMISSIONER COYLE: Maybe one thing you could do as Chairman is if it looks like something like that is ripe for a decision, you could just -- we could just move it to the regular agenda and say okay, we'll allow public speakers and we'll proceed with a decision on this. And it's just a judgment call because we have to make sure that there's sufficient notification of people about what's going on here. CHAIRMAN HENNING: Right. And I know there's -- in the past there's cases where the Board has taken action on public petitions, okay. And we have taken votes and it's, you know, like recognizing a business as one of the best restaurants, I forget what it was. But we have taken votes on it. And I'm just saying, let's have some flexibility but under public concerns. Commissioner Nance is right that, you know, it should be continued or allow public speakers. Okay? MR. OCHS: So am I going to add the phrase no vote will be taken on these items, or not? COMMISSIONER HILLER: I would say no vote on presentations, no vote on public petitions, no public speakers on both. Page 156 September 23, 2014 CHAIRMAN HENNING: Okay, let's -- COMMISSIONER HILLER: Actually, you could put it there or you could put it at the front. You know how you have the -- if you go to the first page -- MR. OCHS: Yes, ma'am, I know what -- COMMISSIONER HILLER: -- of the agenda. You could explain it there and then you don't have to clutter up the body of the agenda. CHAIRMAN HENNING: So let me ask the majority. Let me get a majority, because -- and my position is you don't want to box it in because we've found it most important to, you know, take action under public petition. I don't think it's necessary to do that. We ought to do it on a case-by-case basis. Commissioner Fiala, do you want to add the language no vote will be taken on public petitions or presentation? COMMISSIONER FIALA: No, because there might be an emergency and that walls us in. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I would say no vote would be taken unless public input is allowed. COMMISSIONER HILLER: I agree. Because that's what it's all about. COMMISSIONER COYLE: And that's a judgment call. That way you can say all right, we've got people in the audience who are clearly aware of this situation, they want to talk. We want to make a decision on it so we're going to allow public comment here and we'll make a decision. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: I understand what you're trying to do, Commissioner Coyle. But what I'm trying to do is I'm trying to be able to put directions out there in the hall so these people can know what their responsibilities are to fill out a speaker slip. Page 157 September 23, 2014 COMMISSIONER HILLER: You just put that on the front page then. I mean, that's -- COMMISSIONER NANCE: Well, you can put it on everything that, you know, you may be able to talk under certain circumstances. Everybody will be filling out speaker slips on everything on the agenda. You won't gain anything. COMMISSIONER HILLER: But that's not the point. I mean, it's just clarity. Because we had a very significant issue at the last Board meeting because action was taken under an item under public petition, and then Commissioner Henning decided not to let people talk about it under public comment -- COMMISSIONER NANCE: Ma'am I agree -- COMMISSIONER HILLER: -- or under public petition, which was very unnerving to the public since -- CHAIRMAN HENNING: We're going to take a 10-minute break. (Recess.) (Commissioners Coyle and Hiller are absent from boardroom.) MR. OCHS: You have a live mic, sir. CHAIRMAN HENNING: Okay. All right, where were we? MR. OCHS: Why don't I take a stab at capturing the Board's intent and bring something back at the next meeting. Would that work for you, or not? CHAIRMAN HENNING: Yeah, that's fine with me. Commissioner Nance? COMMISSIONER NANCE: I would love the County Manager to do that. MR. OCHS: It would be my pleasure. COMMISSIONER NANCE: I think a lot of it's linguistics but it will be helpful to the public in guiding them. MR. OCHS: That's all I have, Mr. Chairman. Thankfully. Page 158 September 23, 2014 CHAIRMAN HENNING: Thank you. County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. Have you noticed people are coming back to town? The streets are getting fuller and the stores are getting busier. And so I just thought in case you haven't noticed the weather's getting cold up north, I think people are coming back earlier. So make sure you smile and let them know they're welcome. CHAIRMAN HENNING: Oh, that's great to say, welcome our winter residents. Commissioner Nance? COMMISSIONER NANCE: Yes, I just want to make a couple of comments on a couple things on the consent agenda today. There was two related items, 16.A.26 and 16.A.34, that had to do with revisions regarding our temporary special event directional signs, and it had some guidelines on how that should be done. And I'm going to ask staff at some time in the future to bring back some additional proposals for consideration of the Board in that regard, because I believe that there are some temporary events in our community that enjoy a different status than some of the commercial events that might be contemplated here. And that is the events, for example, that we had Mr. Wert spending hundreds of thousands of dollars to promote and advertise because we've deemed those in the public interest. Special recurring annual events and things that we want to promote in our community like Swamp Buggy or the Everglades Seafood Festival or things that we think bring in winter visitors and so on and so forth. We spend a lot of money to promote and advertise those. I think that those events should enjoy special treatment under the temporary sign guidelines, because we want to get the word out. So I think that if we deem an event -- if we have an opportunity to Page 159 September 23, 2014 classify events as being in the public interest, that they should have additional signs available to them under very strict and controlled guidelines. But, you know, we want to get the word out, we want to see them successful. And, you know, we're spending money on it, I see no reason why we should deny it right before the event locally. We should do whatever we can to help take it to the finish line. COMMISSIONER FIALA: I asked that same question, because there are things like Everglades City Seafood Festival. COMMISSIONER NANCE: Right. COMMISSIONER FIALA: People will drive over from other counties even to get to it. And I felt that, you know, things like that need to be -- COMMISSIONER NANCE: But we would have to make a judgment as a Board that those are in the public interest and allow them different guidelines. Other than that, it's the first day of fall, I'm ready for it to cool down. Thank you. CHAIRMAN HENNING: If you're going to bring something back, you want the County Attorney to be involved in that one. You want to treat everybody equal. COMMISSIONER NANCE: Oh, sure. It will go through a process where everybody gets a chance to work within the system. I just didn't want to pull these items from the agenda to extend our time. CHAIRMAN HENNING: Well, and just the opposite. I mean, I'm seeing a proliferation of illegal signs in our right-of-way, I'm seeing banners. We're starting to look like Fort Myers, and that's concerning to me. We spend a lot of money beautifying this community, and in my opinion it's disrespected by some. And that's all I've got, and I entertain a motion to adjourn. COMMISSIONER FIALA: Motion to adjourn. COMMISSIONER NANCE: Aye. Page 160 September 23, 2014 CHAIRMAN HENNING: Aye. We are adjourned. ***** **** 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 AN EASEMENT USE AGREEMENT BETWEEN COLLIER COUNTY AND THE PROPERTY OWNER FOR PORTIONS OF LOTS 3 AND 4, BLOCK C, KENSINGTON PARK PHASE ONE PLAT, APPROVED ON FEBRUARY 23, 1993, AND RECORDED AT PLAT BOOK 21, PAGES 62 THROUGH 67 — A RECENT MORTGAGE SURVEY FOUND THE PROPERTY OWNER'S POOL DECK ENCROACHED 2. 1 FEET ON A 10-FOOT LAKE MAINTENANCE EASEMENT DEDICATED TO THE COUNTY & KENSINGTON PARK PROPERTY OWNER'S ASSOCIATION Item #16A2 RECORDING THE MINOR FINAL PLAT OF VERCELLI REPLAT, APPLICATION NUMBER PL20140001449 — UNLIKE STANDARD APPROVAL THIS METHOD DOES NOT REQUIRE IMPROVEMENTS, A CONSTRUCTION AND MAINTENANCE AGREEMENT, A SECURED BOND OR PHASING Item #16A3 Page 161 September 23, 2014 RESOLUTION 2014-183 AND RESOLUTION 2014-184: FINAL ACCEPTANCE OF ROADWAY AND DRAINAGE IMPROVEMENTS AND PLAT DEDICATIONS FOR MADISON PARK PHASE ONE (AR-5760) AND PHASE TWO (AR-6003) AUTHORIZE RELEASE OF THE PLAT MAINTENANCE SECURITIES IN THE AMOUNTS OF $63,933 AND $296,045.65, RESPECTIVELY AND AUTHORIZE THE CHAIRMAN TO EXECUTE A STANDARD LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND MADISON PARK HOMEOWNER'S ASSOCIATION FOR ROADWAYS WITHIN THE PLATS Item #16A4 A REVISED MEMORANDUM OF AGREEMENT TO REPLACE AN APPROVED BUT NEVER EXECUTED VERSION BETWEEN COLLIER COUNTY AND BIG CYPRESS NATIONAL PRESERVE DETAILING TERMS OF A COMBINED EFFORT TO RESTORE A MORE NATURAL SURFACE WATER FLOW TO A SECTION OF THE TURNER RIVER — AFTER THE BOARD'S JUNE 24, 2014 APPROVAL NAT'L PARK SERVICE STAFF NOTIFIED THE COUNTY ADDITIONAL STANDARD CLAUSE LANGUAGE WAS NEEDED IN THE AGREEMENT THAT PROVIDES FOR THE INSTALLATION OF ADDITIONAL CULVERTS TO DECREASE RISKD OF THE CANAL OVERFLOWING ONTO TURNER RIVER ROAD WHICH IS LOCATAED APPROXIMATELY 5.5 MILES EAST OF SR29 WITHIN THE BIG CYPRESS NATIONAL PRESERVE Item #16A5 Page 162 September 23, 2014 AN EASEMENT AGREEMENT TO PURCHASE A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL152RDUE) REQUIRED FOR EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT NO. 60040 (FISCAL IMPACT: $10,521) — AN APPROXIMATELY 15,000 SQUARE FOOT PERPETUAL, NON-EXCLUSIVE EASEMENT WITH PROPERTY LINES ALONG GOLDEN GATE BOULEVARD E AND 4TH STREET SE AND PART OF A 5. 15 ACRE UNIMPROVED PARENT TRACT OWNED BY THE ROBERT MENTA REVOCABLE TRUST Item #16A6 AN EASEMENT AGREEMENT TO PURCHASE A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 241RDUE) REQUIRED FOR EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT NO. 60040 (FISCAL IMPACT: $2,977) — AN APPROXIMATELY 1,500 SQUARE FOOT PERPETUAL, NON-EXCLUSIVE EASEMENT WITH A PROPERTY LINE ALONG GOLDEN GATE BOULEVARD E. AND PART OF A 1. 17 ACRE UNIMPROVED PARENT TRACT OWNED BY ELIAS AND JULIA HUGUET Item #16A7 AWARD RFP #14-6319 TO THE SELECTION COMMITTEE'S NUMBER ONE RANKED FIRM ALLIED ENGINEERING & TESTING FOR "MATERIALS VERIFICATION TESTING FOR COLLIER BOULEVARD AND GREEN BOULEVARD PROJECT Page 163 September 23, 2014 #68056 — TESTS TO CONFIRM CONTRACT COMPLIANCE REQUIREMENTS ARE BEING MET THAT ARE PERFORMED AT THE PLANT AND IN THE FIELD DEPENDING ON MATERIAL SPECIFICATIONS Item #16A8 — Language Added (Per Agenda Change Sheet) RESOLUTION 2014-185: AMENDING RESOLUTION 2010-29, RELATED TO THE DESIGNATED STEWARDSHIP SENDING AREA "SUNNILAND FAMILY SSA 12"; APPROVING THE EXTENSION OF CERTAIN DATES TO FEBRUARY 9, 2018 IN THE SUNNILAND FAMILY SSA 12 CREDIT AND ESCROW AGREEMENTS — 4,793.5 ACRES DESIGNED TO UTILIZE STEWARDSHIP CREDITS TO PARTIALLY ENABLE DEVELOPMENT OF THE PROPOSED ALICO SRA THAT WAS DELAYED DUE TO THE RECENT ECONOMIC RECESSION Item #16A9 — Language Added (Per Agenda Change Sheet) RESOLUTION 2014-186: AMENDING RESOLUTION 2013-199, WHICH AMENDED RESOLUTION 2008-331 RELATED TO THE DESIGNATION OF STEWARDSHIP SENDING AREA "CLH SSA 14"; APPROVING THE EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2017 IN THE CLH SSA 14 STEWARDSHIP SENDING AREA CREDIT AND ESCROW AGREEMENTS — 1,713.5 ACRES IN THE RURAL LANDS STEWARDSHIP AREA (RLSA) OVERLAY DESIGNED TO UTILIZE STEWARDSHIP CREDITS TO PARTIALLY ENABLE DEVELOPMENT OF THE PROPOSED TOWN OF BIG CYPRESS SRA THAT WAS DELAYED DUE TO THE RECENT ECONOMIC RECESSION Page 164 September 23, 2014 Item #16A10 — Language Added (Per Agenda Change Sheet) RESOLUTION 2014-187: AMENDING RESOLUTION 2013-200, WHICH AMENDED RESOLUTION 2008-329, RELATED TO THE DESIGNATION OF STEWARDSHIP SENDING AREAS "CLH AND CDC SSA 15"; APPROVING THE EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2017 IN CLH AND CDC SSA 15 STEWARDSHIP SENDING AREA CREDIT AND ESCROW AGREEMENTS — AMENDING AND EXTENDING THE AGREEMENTS CONDITIONALLY AND ACCEPTING THE AMENDED NOTICE OF RESTRICTIONS FOR 5,259 ACRES IN THE RURAL LANDS STEWARDSHIP AREA (RLSA) OVERLAY THAT WAS DESIGNED TO UTILIZE STEWARDSHIP CREDITS TO PARTIALLY ENABLE DEVELOPMENT OF THE TOWN OF BIG CYPRESS SRA THAT WAS DELAYED DUE TO THE RECENT ECONOMIC RECESSION Item #16A11 — Language Added (Per Agenda Change Sheet) RESOLUTION 2014-188: AMENDING RESOLUTION 2013-201, WHICH AMENDED RESOLUTION 2008-330, RELATED TO THE DESIGNATION OF STEWARDSHIP SENDING AREA "CDC SSA 16"; APPROVING EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2017 IN CDC SSA 16 CREDIT AND ESCROW AGREEMENTS — EXTENDING THE AGREEMENTS CONDITIONALLY AND ACCEPTING THE AMENDED NOTICE OF RESTRICTIONS FOR 2,876 ACRES IN THE RURAL LANDS STEWARDSHIP AREA (RLSA) OVERLAY DESIGNED TO UTILIZE CREDITS TO PARTIALLY ENABLE DEVELOPMENT OF THE PROPOSED TOWN OF BIG CYPRESS SRA DELAYED DUE TO THE ECONOMIC RECESSION Page 165 September 23, 2014 Item #16Al2 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 235RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT NO. 60040 (FISCAL IMPACT: $3,527) —A 3,600 SQUARE FOOT NON-EXCLUSIVE EASEMENT ALONG GOLDEN GATE BOULEVARD E AND PART OF A 2.81 ACRE UNIMPROVED PARENT TRACT OWNED BY JUDY M. WEIGARD Item #16A13 RESOLUTION 2014-189: CLARIFYING THE APPLICABILITY OF RESOLUTION 2014-155, WHICH PLACED A STAY ON DEVELOPMENT ORDERS FOR SERVICE STATIONS WITH MORE THAN EIGHT FUEL PUMPS WHEN A PROPOSED FACILITY IS ADJACENT TO RESIDENTIAL PROPERTY — TO CLARIFY THE RECENT STAY THAT HAS BEEN PLACED ON THIS TYPE OF DEVELOPMENT IS RESTRICTED TO PROJECTS ABUTTING NOT ADJACENT TO RESIDENTIAL PROPERTY Item #16A14 AWARDING INVITATION TO BID (ITB) #14-6336, "ROADWAY SIGN INSTALLATION AND REPLACEMENT," TO MUNICIPAL SUPPLY AND SIGN COMPANY FOR SIGN MAINTENANCE AND REPLACEMENT — IN THE AMOUNT OF $207,179. 11 AND Page 166 September 23, 2014 AWARDED AFTER A VISUAL ASSESSMENT DETERMINED APPROXIMATELY 1,000 COUNTY SIGNS DO NOT MEET FHA MINIMUM STANDARDS FOR NIGHT REFLECTIVITY AND UNIFORM TRAFFIC CONTROL DEVICE MANUAL REQUIREMENTS Item #16A15 — Continued to the October 14, 2014 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE A RESOLUTION AUTHORIZING THE COUNTY MANAGER TO DESIGNATE AN OFFICIAL WHO WILL PROVIDE SIGNATURE AUTHORITY ON BEHALF OF THE COUNTY FOR THE RESOURCES AND ECOSYSTEM SUSTAINABILITY, TOURIST OPPORTUNITIES, AND REVIVED ECONOMIES OF THE GULF COAST STATES ACT OF 2012 (RESTORE) GRANT APPLICATIONS SUBMITTED THROUGH THE FEDERAL GRANTSOLUTIONS ONLINE GRANT MANAGEMENT SYSTEM Item #16A16 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $259,082 FOR PAYMENT OF $532, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JESUS JAIME AND MARIA MARTINEZ, CODE ENFORCEMENT BOARD CASE NO. CELU20120008659, RELATING TO PROPERTY LOCATED AT 3014 EVERGLADES BOULEVARD S., COLLIER COUNTY, FLORIDA — THE RESULT OF 518 DAYS OF ACCRUED FINES FOR UNLAWFUL ELECTRICAL IMPROVEMENTS AND A Page 167 September 23, 2014 BURIED STORAGE CONTAINER BROUGHT INTO COMPLIANCE BY THE NEW PROPERTY OWNER MAY 1, 2014 Item #16A17 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $431,864. 18, FOR PAYMENT OF $714. 18, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JEFFREY A. MACASEVICH, CODE ENFORCEMENT BOARD CASE NO. 2006100314, RELATING TO PROPERTY LOCATED AT 4469 LAKEWOOD BOULEVARD, COLLIER COUNTY, FLORIDA — BASED ON 2,158 DAYS OF ACCRUED FINES FOR PROPERTY COMPLETELY ENCLOSED WITH SLIDING DOORS AND WINDOWS WITHOUT OBTAINING ALL REQUIRED PERMITS BROUGHT INTO COMPLIANCE BY A NEW OWNER ON JUNE 23, 2014 Item #16A18 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $27,438.46, FOR PAYMENT OF $1,888.46, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. CAMIL CAMILI, SPECIAL MAGISTRATE CASE NO. CEPM20130002097, RELATING TO PROPERTY LOCATED AT 1353 BRIARWOOD COURT, COLLIER COUNTY, FLORIDA — BASED ON 52 DAYS OF ACCRUED FINES FOR AN UNMAINTAINED SWIMMING POOL AND TORN SCREEN OF A POOL ENCLOSURE WITH PROPERTY BROUGHT INTO COMPLIANCE JULY 1, 2013 BY THE COUNTY AND IS NOW UNDER NEW OWNERSHIP Page 168 September 23, 2014 Item #16A19 RELEASE OF A CODE ENFORCEMENT LIEN WITH A NET ACCRUED VALUE OF $64,579.84 FOR PAYMENT OF $679.28, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. WALTER DAVID CRAWFORD, SPECIAL MAGISTRATE CASE NO. CEPM20140000371, RELATING TO PROPERTY LOCATED AT 270 SUGAR LOAF LANE, COLLIER COUNTY, FLORIDA — BASED ON 150 DAYS OF ACCRUED FINES FOR NOT PROVIDING RUNNING WATER TO AN OCCUPIED DWELLING WITH PROPERTY ACQUIRED JUNE 10, 2014 THRU THRU TAX DEED SALE AND JULY 11, 2014 NEW OWNERS BROUGHT THE PROPERTY INTO COMPLIANCE BY REMOVING THE OCCUPANTS FROM THE DWELLING Item #16A20 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $33,112.38, FOR PAYMENT OF $562.38, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. DANIEL W. SASAKI AND JULIE B. CARLIN-SASAKI, SPECIAL MAGISTRATE CASE NO. CEPM20130000199, RELATING TO PROPERTY LOCATED AT 16540 CELLINI LANE, COLLIER COUNTY, FLORIDA — BASED ON 132 DAYS OF ACCRUED FINES FOR AN UNMAINTAINED POOL WITH THE PROPERTY BROUGHT INTO COMPLIANCE OCTOBER 23, 2013 BY NEW OWNER DEUTSCHE BANK Item #16A21 Page 169 September 23, 2014 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $9,119.77 FOR PAYMENT OF $1,119.77, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. WILLIAM HILDERBRAND AND SANDRA LEONARD, SPECIAL MAGISTRATE CASE NO. CEPM20100019517, RELATING TO PROPERTY LOCATED AT 717 CROSSFIELD CIRCLE, COLLIER COUNTY, FLORIDA — BASED ON 32 DAYS OF ACCRUED FINES FOR AN UNMAINTAINED POOL AND TORN SCREEN ENCLOSURE WITH THE PROPERTY BROUGHT INTO COMPLIANCE BY THE COUNTY NOVEMBER 15, 2011 AND A CERTIFICATE OF TITLE IN FAVOR OF NATIONSTAR MORTGAGE RECORDED DECEMBER 31, 2013 Item #16A22 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $54,550, FOR PAYMENT OF $450, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. TAYLOR BEAN AND WHITAKER MORTGAGE CORP., SPECIAL MAGISTRATE CASE NO. CEPM20120012329, RELATING TO PROPERTY LOCATED AT 717 CROSSFIELD CIRCLE, COLLIER COUNTY, FLORIDA — BASED ON 220 DAYS OF ACCRUED FINES FOR AN UNMAINTAINED POOL AND A DAMAGED SCREEN ENCLOSURE AND FRONT DOOR AND AS A RESULT OF FORECLOSURE WAS BROUGHT INTO COMPLIANCE MAY 14, 2013 BY THE NEW OWNER Item #16A23 Page 170 September 23, 2014 RELEASE OF A CODE ENFORCEMENT LIEN WITH A NET ACCRUED VALUE OF $179,316.44, FOR PAYMENT OF $531. 15, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JENNIFER CAROLYN SAMUELS, CODE ENFORCEMENT BOARD CASE NO. CESD20090000661, RELATING TO PROPERTY LOCATED AT 4320 14TH ST. NE, COLLIER COUNTY, FLORIDA — BASED ON 988 DAYS OF ACCRUED FINES FOR CANCELED PERMITS ON A SINGLE FAMILY HOME AND GUESTHOUSE FOR PROPERTY ACQUIRED VIA A TAX DEED RECORDED SEPTEMBER 25, 2013 AND BROUGHT INTO COMPLIANCE BY A NEW OWNER JULY 8, 2014 AFTER CONSIDERABLE EFFORT AND OVER $195,000 IN EXPENDITURES Item #16A24 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $11,622.86, FOR PAYMENT OF $1,272.86, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JOSEPH AND MARIA RANGHELLI, CODE ENFORCEMENT BOARD CASE NO. CEPM20100007867, RELATING TO PROPERTY LOCATED AT 11169 LONGSHORE WAY W., COLLIER COUNTY, FLORIDA — BASED ON 108 DAYS OF ACCRUED FINES FOR AN UNMAINTAINED POOL BROUGHT INTO COMPLIANCE FEBRUARY 8, 2011 BY A COUNTY VENDOR PRIOR TO THE TITLE RECORDED JANUARY 22, 2014 IN FAVOR OF FEDERAL NATIONAL MORTGAGE ASSOCIATION Item #16A25 Page 171 September 23, 2014 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $11,745.57, FOR PAYMENT OF $5,000, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. LEON D. AND JOAN MCCASKEY, CODE ENFORCEMENT BOARD CASE NO. CEVR20110014528, RELATING TO PROPERTY LOCATED AT 1335 CENTER LANE, COLLIER COUNTY, FLORIDA — BASED ON 55 DAYS OF ACCRUED FINES FOR POSSESSING PROHIBITED EXOTIC VEGETATION (BRAZILIAN PEPPER, AIR POTATO AND DOWNY ROSE MYRTLE) WITHIN 200 FEET OF IMPROVED PROPERTY BROUGHT INTO COMPLIANCE OCTOBER 15, 2012 BY LEON MCCASKEY WHO IS ADVANCED IN AGE AND UNABLE TO PAY THE FULL AMOUNT WHICH WAS DETAILED IN A HARDSHIP LETTER SUBMITTED BY MR. MCCASKEY Item #16A26 RESOLUTION 2014-190: REVISING RIGHT-OF-WAY PERMIT FORMS FOR TEMPORARY, SPECIAL EVENT DIRECTIONAL SIGNS, WITH A RESOLUTION UPDATING RIGHT-OF-WAY PERMITTING FEE SCHEDULE RESOLUTION 2007-162 TO REFLECT A $75 RELATED FEE — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A27 REMOVING 42 ADOPT-A-ROAD SPONSORS FROM THE Page 172 September 23, 2014 ADOPT-A-ROAD PROGRAM TO PROVIDE OPPORTUNITIES FOR NEW SPONSORS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A28 A LANDSCAPE MAINTENANCE AGREEMENT (AGREEMENT) BETWEEN COLLIER COUNTY AND THE ROYAL WOOD MASTER ASSOCIATION, INC. FOR LANDSCAPE PLANTING ALONG SANTA BARBARA BOULEVARD AND REDUCING PERMITTING FEES FROM $2,000 FOR A COMMERCIAL LARGE RESIDENTIAL DEVELOPMENT TO $200 FOR A RESIDENTIAL LANDSCAPING SITE — COMPRISING 1.56 ACRES IN FRONT OF ROYAL WOOD ON SANTA BARBARA BOULEVARD THAT WILL SAVE THE COUNTY APPROXIMATELY $1,872 IN YEARLY MAINTENANCE COSTS Item #16A29 BUDGET AMENDMENTS TO RECOGNIZE REVENUE FOR PROJECTS WITHIN THE TRANSPORTATION CAPITAL FUNDS IN THE AMOUNT OF $86,599. 18 — COLLECTED FOR THE FAIR SHARE INTERSECTIONS PROGRAM, PATHWAYS PROGRAM, TRAFFIC IMPACT STUDY REVIEW, PLANNED UNIT DEVELOPMENT (PUD) MONITORING/TRAFFIC COUNTS PAYMENT-IN-LIEU AND PUD FAIR SHARE REQUIRED TO BE TRACKED AND SPENT ON PROJECTS IDENTIFIED FOR MITIGATION OR CONSULTANT CONTRACTS TO PERFORM STUDIES ON BEHALF OF A DEVELOPMENT UNDER REQUIRED MONITORING CONDITIONS Page 173 September 23, 2014 Item #16A30 — Continued to the October 14, 2014 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO AUTHORIZE THE DIRECTOR OF TRANSPORTATION ENGINEERING TO EXECUTE STANDARD ZERO-DOLLAR CONSTRUCTION AGREEMENTS WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ACTING AS COORDINATOR FOR THE COUNTY TO ENSURE ALL IMPROVEMENTS CONSTRUCTED THROUGH THE FDOT PERMITTING PROCESS WITHIN STATE RIGHT-OF-WAYS COMPLY WITH FDOT STANDARDS AND CONDITIONS Item #16A31 REVISIONS TO THE PALM RIVER PARK AGREEMENT WITH WALLACE HOMES OF SOUTHWEST FLORIDA, INC., THE PALM RIVER HOMEOWNERS AND CIVIC ASSOCIATION, AND COLLIER COUNTY (PROJECT NUMBER 60184)— AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A32 CONTRACT #14-6315, "PALM RIVER PARK" IN THE AMOUNT OF $305,000 AWARDED TO BONNESS INC. FOR SIDEWALK AND LANDSCAPE IMPROVEMENTS (PROJECT #60184) — INCLUDES 5-FOOT WIDE SIDEWALKS WITH A BRICK PLAZA ON PIPER BOULEVARD NORTH OF IMMOKALEE RD Item #16A33 Page 174 September 23, 2014 INTERLOCAL AGREEMENTS WITH CITY OF MARCO ISLAND AND THE CITY OF NAPLES AND AUTHORIZING DISPOSITION OF TRAFFIC OPERATION EQUIPMENT TO THOSE CITIES PER BOARD AGREEMENTS PREVIOUSLY EXECUTED WITH FDOT — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A34 REVISIONS TO THE CONSTRUCTION STANDARDS HANDBOOK FOR WORK WITHIN PUBLIC RIGHT-OF-WAYS, RELATED TO PERFORMANCE BONDS FOR IMPROVEMENTS IN PUBLIC RIGHTS-OF-WAYS, AND CERTAIN COSMETIC REVISIONS AND ALLOWING STAFF TO FURTHER AMEND THE HANDBOOK FOR FUTURE BOARD CONSIDERATION — UPDATING PROVISIONS RELATED TO PERFORMANCE BONDS BY ESTABLISHING THRESHOLDS WITH PROJECTS IN THE PUBLIC RIGHT-OF-WAY THAT EXCEED $250,000 WILL REQUIRE A PERFORMANCE BOND AND PROJECTS IN EXCESS OF $500,000 A BOND AND A BOARD-APPROVED AGREEMENT WITH THE EXCEPTION OF UTILITY COMPANIES AND FRANCHISEES THAT WOULD SUBMIT A BLANKET PERFORMANCE BOND, IN LIEU OF BOND REQUIREMENTS TO COVER MAINTENANCE AND REPAIRS Item #16B1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC), IN ITS CAPACITY AS THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA), Page 175 September 23, 2014 AUTHORIZE ITS CHAIRMAN TO NOTIFY THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) OF ITS TERMINATION OF THE RURAL BUSINESS ENTERPRISE GRANT (RBEG) AGREEMENT VALUED AT $35,000 FOR A FEASIBILITY STUDY FOR THE IMMOKALEE BUSINESS DEVELOPMENT CENTER (IBDC) WHICH IS NO LONGER OPERATED BY THE CRA. APPROVAL OF THIS ITEM WILL ALLOW LOCAL CRA FUNDS (FUND 186) IN THE AMOUNT OF $2,528.79 TO BE USED TO PAY THE TOTAL PROJECT EXPENDITURE IN LIEU OF USING USDA GRANT FUNDS — TERMINATED BY USING A CONVENIENCE CLAUSE IDENTIFIED IN THE AGREEMENT AND BASED ON THE FOLLOWING: THE IBDC CEASED AFFILIATION WITH THE CRA AND COUNTY ON JULY 31, 2014 AND IS NOW THE NON-PROFIT KNOWN AS IMBIZ, INC.; THE DEADLINE TO DELIVER THE STUDY TO THE USDA WAS JULY 31, 2014; THE CONSULTANT RELOCATED TO NORTH CAROLINA AND GIVEN THE CURRENT STATUS OF THE IBDC IT IS NOT IN THE BEST INTEREST OF THE COUNTY TO HAVE THE STUDY DONE Item #16B2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC), AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA), APPROVE A BUDGET AMENDMENT REFLECTING A BUDGET INCREASE IN THE AMOUNT OF $633,739.04 RELATED TO A PREVIOUSLY APPROVED DISASTER RECOVERY ENHANCEMENT FUNDS (DREF) GRANT AGREEMENT BETWEEN THE BCC & IMMOKALEE CRA — AN INCREASE TO THE ORIGINAL $2,011,955.46 FUNDING Page 176 September 23, 2014 AWARD FOR GRANT #12DB-P5-09-21-01-K39 ADMINISTERED BY HOUSING, HUMAN & VETERAN SERVICES TO IMPLEMENT THE IMMOKALEE STORMWATER MASTER PLAN PROJECT NO. 33214. 1 Item #16C1 SELECTION COMMITTEE RANKINGS AND AUTHORIZING STAFF TO PROCEED TO THE NEXT STEP IN THE SELECTION PROCESS FOR REQUEST FOR PROPOSAL #14-6287, DESIGN AND RELATED SERVICES FOR DEEP INJECTION WELLS PROJECT NUMBER 70104 — STEP TWO WILL INCLUDE FINAL PROPOSALS FROM CDM SMITH, INC., MWH AMERICAS, INC. AND URS CORPORATION THAT WILL BE REVIEWED BY THE COMMITTEE TO DETERMINE FINAL RANKING FOR BOARD CONSIDERATION AFTER WHICH NEGOTIATIONS WITH THE CHOSEN FIRM WILL TAKE PLACE AND A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WILL BE SUBMITTED FOR BOARD APPROVAL Item #16C2 BID #14-6260, "HAZARDOUS MATERIALS MANAGEMENT CONTRACTOR," AWARDED TO E.Q. FLORIDA, INC. — A 4-YEAR CONTRACT FOR SERVICES THAT INCLUDE COLLECTION, IDENTIFICATION AND PROPER DISPOSAL OF MATERIAL FROM THE COUNTY'S HAZARDOUS MATERIAL COLLECTION CENTER, RECYCLING CENTERS AND HAZARDOUS COLLECTION THROUGHOUT THE COUNTY AS NEEDED AND DURING EMERGENCIES WITH STAFF'S REQUEST THAT THE $500,000 ANNUAL CAP BE INCREASED Page 177 September 23, 2014 AN $250,000 TO COVER A 6 MONTH CONTRACT EXTENSION DUE TO NEGOTIATIONS WITH FY14 COST ESTIMATES OF $690,000 AND FY15 OF $960,000 DUE TO AN INCREASE IN DISPOSAL COSTS AND VOLUME OF WASTE Item #16C3 RESOLUTION 2014-191 : AUTHORIZING EXECUTION AND DELIVERY OF A UTILITY WORK AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO LOCATE, PROTECT AND ADJUST IF NECESSARY COLLIER COUNTY WATER-SEWER DISTRICT (CCWSD) UTILITIES IN CONJUNCTION WITH FDOT'S PROJECT TO RESURFACE AND REPLACE SIGNAL MAST ARMS ALONG SR84 (DAVIS BOULEVARD) BETWEEN AIRPORT-PULLING ROAD AND HERITAGE TRAIL — FOR UNDERGROUND WATER AND WASTEWATER FACILITIES WITH WORK CONTRACTED, MANAGED AND COSTS ASSOCIATED PAID BY CCWSD FOR THE PROJECT THAT WILL BEGIN IN 2015 Item #16C4 — Language Corrected (Per Agenda Change Sheet) RESOLUTION 2014-192: AN ANNUAL RATE RESOLUTION TO ESTABLISH FEES, RATES, AND CHARGES FOR THE USE OF COLLIER COUNTY SOLID WASTE FACILITIES, INCLUDING LANDFILL TIPPING FEES, DROP-OFF RECYCLING CENTER FEES AND RESIDENTIAL MULTI-FAMILY & COMMERCIAL WASTE COLLECTION FEES THAT FUND THE FY15 BUDGET FOR SOLID WASTE COLLECTION AND DISPOSAL — BASED ON MANDATORY SOLID WASTE COLLECTION & DISPOSAL ASSESSMENTS AND USER FEES FOR COLLIER COUNTY Page 178 September 23, 2014 LANDFILL, IMMOKALEE'S TRANSFER STATION AND THE (4) RECYCLING DROP-OFF CENTERS IN NAPLES, NORTH COLLIER, CARNESTOWN AND ON MARCO ISLAND Item #16D1 A BUDGET AMENDMENT FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FY2014-15 IN THE AMOUNT OF $2,945,603; BUDGET ENTITLEMENTS AS APPROVED IN THE HUD ANNUAL ACTION PLAN AND APPROVE STANDARD HUD ENTITLEMENT AGREEMENTS UPON ARRIVAL; APPROVE EIGHT SUBSTANTIAL AMENDMENTS AND NINE SUBRECIPIENT AGREEMENTS ASSOCIATED WITH THE FY2014-15 ACTION PLAN, AND ONE AGREEMENT AMENDMENT TO HUD'S FY2013-14 ANNUAL ACTION PLAN; ALL FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP AND EMERGENCY SOLUTION GRANT PROGRAMS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D2 RELEASE OF LIEN TO ACKNOWLEDGE COMPLETION OF REQUIREMENTS IN THE AGREEMENT AUTHORIZING AN AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY FOR THE BEAR CREEK APARTMENTS — TO SATISY A 1992 LIEN THAT WAS NEVER RELEASED PLACED ON BEAR CREEK OF NAPLES, LTD FOR AN AGREEMENT THAT AUTHORIZED CONSTRUCTION OF 119 BONUS UNITS ON THE PROPERTY WITH TERMS ENDING APRIL 21, 2010 Page 179 September 23, 2014 Item #16D3 ACCEPT AND RATIFY FEE WAIVERS GRANTED BY THE DIRECTOR OF DOMESTIC ANIMAL SERVICES FOR THE PERIOD OF FEBRUARY 1, 2014 THROUGH JULY 31, 2014 IN ACCORDANCE WITH THE PROCESS ESTABLISHED BY RESOLUTION NO. 2014-29 — WAIVING $250 IN FEES FOR FIELD SURRENDERS AND BOARD FOR QUARANTINED ANIMALS AT THE DISCRETION OF THE DIRECTOR TO PREVENT AN ANIMAL'S SUFFERING, ENSURE PUBLIC SAFETY AND WHEN NO OTHER ALTERNATIVE EXISTS Item #16D4 RESOLUTION 2014-193: REMOVING UNCOLLECTIBLE RECEIVABLES IN THE AMOUNT OF $39,346.05 FROM PARKS AND RECREATION DEPARTMENT'S FINANCIAL RECORDS IN ACCORDANCE WITH RESOLUTION 2006-252 AND AUTHORIZE THE CHAIR TO EXECUTE ATTACHED RESOLUTION — TO REMOVE 334 RECORDS RELATED TO RENTALS, MEMBERSHIPS, CHILDCARE AND VARIOUS PROGRAMS FOR CHARGES THAT WERE NEVER PAID Item #16D5 THREE MORTGAGE SATISFACTIONS FOR STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM LOANS IN THE COMBINED AMOUNT OF $62,500 — MORTGAGES SATISFACTIONS FOR PROPERTY IN NAPLES AT 1875 Page 180 September 23, 2014 FLORIDA CLUB DRIVE #7103, 387 VALLEY STREAM CIRCLE AND 8274 KEY ROYAL CIRCLE #1013 Item #16D6 SATISFACTION OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM, ACCEPTING $1,637. 10 TO SATISFY THE SHIP MORTGAGE IN ACCORDANCE WITH THE BOARD'S SHORT SALE POLICY — FOR PROPERTY AT 7338 BRISTOL CIRCLE, NAPLES Item #16D7 A STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM SATISFACTION AND RELEASE OF LIEN IN THE AMOUNT OF $5,793.82 FOR AN OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNIT WHERE OBLIGATION HAS BEEN REPAID IN FULL — DEFERRED SHIP IMPACT FEES PAID FOR PROPERTY AT 8274 KEY ROYAL CIRCLE, NAPLES Item #16D8 A BUDGET AMENDMENT RECOGNIZING $21,758.51 IN PROGRAM INCOME REVENUE GENERATED BY AFFORDABLE RENTAL PROPERTIES ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM NSP1 — FOR RENTAL INCOME GENERATED BY THE GILCHRIST STREET APARTMENTS THAT WILL BE USED TO FUND ADMINISTRATION AND PROGRAM ACTIVITIES Item #16D9 Page 181 September 23, 2014 DECLARATION OF RESTRICTIVE COVENANTS FOR THE IMMOKALEE SOUTH PARK PROJECT AS PART OF CDBG PROGRAM REQUIREMENTS — TO ENSURE OBJECTIVES ARE MET BY REGULATING AND RESTRICTING USE AND OCCUPANCY OF THE PROPERTY FOR A 5-YEAR PERIOD Item #16D10 AFTER-THE-FACT ELECTRONIC SUBMITTAL OF A SENIOR CORPS RETIRED AND SENIOR VOLUNTEER PROGRAM GRANT APPLICATION FOR FY 14-15 TO THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE AND A BUDGET AMENDMENT PRIOR TO EXECUTION OF THE FUNDING AWARD — REQUESTING MAXIMUM FUNDS OF $56,022 PERMITTED UNDER THIS APPLICATION THAT INCLUDES A 30% LOCAL MATCH FOR A 3-YEAR GRANT COMMITMENT PERIOD THE WILL END JUNE 30, 2015 Item #16D11 STATE-REQUIRED AMENDMENT NO. 1 TO SUBRECIPIENT AGREEMENTS WITH DAVID LAWRENCE MENTAL HEALTH CENTER, INC., NAMI OF COLLIER COUNTY, INC. AND THE COLLIER COUNTY SHERIFF'S OFFICE ADDING PROVISIONS FOR PROPER ACCOUNTABILITY OF STATE RESOURCES AND A PROPERTY CLAUSE FOR PURCHASE OF TANGIBLE PERSONAL PROPERTY — DUE TO RECENT DEPARTMENT OF FINANCIAL SERVICES AUDIT FINDINGS PROVISIONS HAVE BEEN ADDED TO THE CRIMINAL JUSTICE MENTAL HEALTH SUBSTANCE ABUSE PROGRAM AGREEMENTS Page 182 September 23, 2014 APPROVED BY THE BOARD ON JUNE 10, 2014 THAT ARE EFFECTIVE JULY 1, 2014 THRU MAY 31, 2017 Item #16D12 SUBORDINATION OF AN AFFORDABLE HOUSING DENSITY BONUS LIEN TO ALLOW REFINANCING OF THE FIRST MORTGAGE — ALLOWING THE HOMEOWNER TO LOWER HIS MONTHLY MORTGAGE ON PROPERTY IN AVE MARIA AT 5182 BECKTON ROAD Item #16D13 A 5-YEAR UPDATE OF THE FINAL MANAGEMENT PLAN FOR THE CONSERVATION COLLIER NANCY PAYTON PRESERVE — THE PRESERVE LOCATED IN NORTH BELLE MEADE HAS BEEN OWNED BY THE COUNTY SINCE 2005 Item #16D14 TWO MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM LOAN IN THE COMBINED AMOUNT OF $27,485 — FOR SHIP LOANS ON PROPERTY AT 3570 20TH AVENUE NE AND 4460 10TH AVENUE NE, NAPLES Item #16D15 AFTER-THE-FACT AMENDMENT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR THE OLDER AMERICANS Page 183 September 23, 2014 ACT PROGRAM TITLE III TO REFLECT AN INCREASE IN GRANT FUNDING. (NET FISCAL IMPACT: $7,333) — THE SECOND AMENDMENT AND ATTESTATION STATEMENT FOR AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA CONTRACT #OAA 203. 14 Item #16D16 AFTER-THE-FACT CONTRACTS, ATTESTATION STATEMENTS, AND BUDGET AMENDMENTS TO REFLECT ACTUAL AWARD OF THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER'S DISEASE INITIATIVE, AND HOME CARE FOR THE ELDERLY GRANTS FROM AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (NET FISCAL IMPACT: $41,005) — FOR CONTRACTS CCE 203. 14, ADI 203.14 AND HCE 203. 14 Item #16D17 AFTER-THE-FACT APPROVAL OF AN ELECTRONIC SUBMITTAL OF THE SENIOR CORPS RETIRED AND SENIOR VOLUNTEER PROGRAM 2015-2018 COMPETITION GRANT APPLICATION TO THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE — IF AWARDED THE ANNUAL GRANT REQUEST PERMITTED UNDER THIS APPLICATION IS $54,522 SUPPLEMENTED BY A 30% LOCAL MATCH WITH THE GRANT CYCLE JULY 1, 2015 THRU JUNE 30, 2018 Item #16D18 Page 184 September 23, 2014 AN AGREEMENT IN THE AMOUNT OF $107,283 WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION AND AN AGREEMENT WITH COLLIER HEALTH SERVICES TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM, GENERATING $158,007 IN FEDERAL MATCHING FUNDS THAT WILL PROVIDE ADDITIONAL HEALTH SERVICES FOR CITIZENS IN COLLIER COUNTY — FUNDS WILL BE TRANSFERRED TO AHCA AND THEN REMITTED TO CHS FOR SERVICES FOR INCOME-QUALIFIED CLIENTS Item #16D19 RFP #14-6277 "MUSEUM FACILITY EVENT COORDINATOR" AWARDED TO CATERMASTERS, INC. — A THREE YEAR AGREEMENT WITH AN OPTION TO RENEW FIVE (5) ADDITIONAL 1-YEAR PERIODS TO OFFSET MUSEUM OPERATING EXPENSES BY RENTING MUSEUM FACILITIES FOR PRIVATE FUNCTIONS AFTER NORMAL BUSINESS HOURS AND THE COUNTY RECEIVING 17.5% OF GROSS REVENUE FOR EVENTS BOOKED UNDER THE CONTRACT Item #16D20 THIS WAS CONTINUED FROM THE SEPTEMBER 9, 2013 MEETING. RECOMMENDATION TO AWARD INVITATION TO BID #14-6278RR, "AQUATIC MAINTENANCE SUPPORT SERVICES" TO TRI-CITY POOLS, INC., TO PROVIDE PREVENTIVE AS WELL AS ON-CALL MAINTENANCE AND REPAIR SUPPORT FOR COUNTY-OWNED AND OPERATED AQUATIC FACILITIES (ESTIMATED ANNUAL FISCAL IMPACT: $80,000) Page 185 September 23, 2014 Item #16D21 THIS WAS CONTINUED FROM THE SEPTEMBER 9, 2013 MEETING. RECOMMENDATION TO APPROVE TWO MODIFICATIONS TO DISASTER RECOVERY GRANT AGREEMENTS FOR DISASTER RELIEF AND LONG TERM RECOVERY OR MITIGATION WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, AND APPROVE TWO ASSOCIATED SUBRECIPIENT AGREEMENT AMENDMENTS — TO EXPEND FUNDS FOR DRI GRANT #10DB-D4-09-21-01-K09 AND #12DB-P5-09-21-01-K3 BY EXTENDING 2014 END DATES TO 2015, REALLOCATING FUNDS AND REVISING PLANS (NEW FISCAL IMPACT: $0) Item #16D22 FIRST AMENDMENT TO THE AGREEMENT WITH COLLIER COUNTY HOUSING AUTHORITY, INC. FOR A COMMUNITY DEVELOPMENT BLOCK GRANT ELECTRICAL REPLACEMENT PROJECT TO EXTEND THE COMPLETION DATE AND UPDATE LANGUAGE TO SATISFY LOCAL AND FEDERAL COMPLIANCE REQUIREMENTS — EXTENDS THE END DATE FOR CDBG AGREEMENT CD-13-06 FROM SEPTEMBER 30, 2014 TO MAY 31, 2015 Item #16D23 FOUR AGREEMENTS TO ALLOW PARTICIPATION IN THE LOW INCOME POOL PROGRAM; TWO BETWEEN THE COUNTY AND THE AGENCY FOR HEALTH CARE Page 186 September 23, 2014 ADMINISTRATION, AND ONE EACH BETWEEN THE COUNTY AND NAPLES COMMUNITY HOSPITAL AND COUNTY AND PHYSICIANS REGIONAL HOSPITAL WITH A COUNTY TOTAL FINANCIAL COMMITMENT OF UP TO $2,400,300 — PARTICIPATING ON BEHALF OF THE HOSPITALS WILL RESULT IN $3,535,160 OF ADDITIONAL FEDERAL FUNDS THAT WILL BE USED TO PROVIDE HEALTH CARE FOR LOW INCOME INDIVIDUALS Item #16D24 CONCURRING WITH THE SELECTION OF MS. STEPHANIE VICK AS THE NEW COLLIER COUNTY HEALTH ADMINISTRATOR — INCLUDES A RECOMMENDATION SUBMITTED BY STATE SURGEON GENERAL DR. JOHN ARMSTRONG; MS. VICK HAS OVER 30 YEARS OF HEALTH CARE EXPERIENCE INCLUDING 23 YEARS WITH COLLIER COUNTY, SHE HOLDS A BACHELORS DEGREE IN NURSING, A MASTERS IN HEALTH SERVICES ADMINISTRATION AND IS A LICENSED REGISTERED NURSE Item #16E1 CHAIRMAN TO EXECUTE THE THIRD AMENDMENT TO MEDICAL EXAMINER CONTRACT #11-5776 WHICH WILL EXTEND AGREEMENT TERMS TO SEPTEMBER 30, 2015 — FOR THE CONTRACT WITH DR. MARTA COBURN, M.D. Item #16E2 AFFIRMING AND CLARIFYING AWARD OF ITB #13-6166, Page 187 September 23, 2014 "ELECTRICAL CONTRACTORS" TO E. B. SIMMONDS ELECTRICAL OF NAPLES, INC., HART'S ELECTRICAL, INC., AND TECHNICAL MANAGEMENT ASSOCIATES, FOR ON-CALL ELECTRICAL SERVICES CONSISTENT WITH THE PREVIOUSLY APPROVED CONTRACT DOCUMENTS Item #16E3 RECOMMENDATION TO SELF FUND THE GROUP DENTAL INSURANCE PROGRAM AMENDING AGREEMENT #11-5729, "THIRD PARTY ADMINISTRATOR FOR HEALTH BENEFITS" WITH ALLEGIANCE BENEFIT PLAN MANAGEMENT, INC. TO PROVIDE CLAIM ADMINISTRATION SERVICE FOR A 2-YR PERIOD EFFECTIVE JANUARY 1, 2015, AT AN ESTIMATED ANNUAL COST OF $58,509 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E4 PURCHASE OF LIABILITY, AUTOMOBILE, WORKER'S COMPENSATION, AIRCRAFT, AIRPORT AND OTHER INSURANCE COVERAGE FOR FY 2015 FOR THE ANNUAL AMOUNT OF $968,081.22, A 7.98 % REDUCTION OR $83,975.52 Item #16E5 THE PURCHASE OF FLOOD INSURANCE FOR FISCAL YEAR 2015 IN THE ESTIMATED AMOUNT OF $347,100 — TO PROTECT REAL AND PERSONAL PROPERTY ASSETS OF COUNTY OWNED PROPERTY AGAINST LOSSES CAUSED BY FLOOD IN SPECIAL FLOOD HAZARD AREAS Page 188 September 23, 2014 Item #16E6 RESOLUTION 2014-194: PAY AND CLASSIFICATION PLANS FOR THE COUNTY MANAGER'S AGENCY AND COUNTY ATTORNEY'S OFFICE EFFECTIVE OCTOBER 1, 2014; PROVIDING FOR A GENERAL WAGE ADJUSTMENT OF UP TO A $1,000 ALLOWING FOR MARGINAL DIFFERENCES FOR HOURLY RATES DUE TO SYSTEM ROUNDING OR 2% INCREASE TO BASE PAY, WHICHEVER IS GREATER, EFFECTIVE OCTOBER 4, 2014; AND APPROVING CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED PAY AND CLASSIFICATION PLANS, FROM JULY 1, 2014 FORWARD USING THE EXISTING "ARCHER" POINT-FACTOR JOB EVALUATION SYSTEM Item #16E7 A US DEPARTMENT OF INTERIOR NATIONAL PARK SERVICE BIG CYPRESS NATIONAL PRESERVE SPECIAL USE PERMIT FOR A ONE-YEAR LEASE EXTENSION FOR THE CARNSTOWN SHERIFF'S SUBSTATION — THE ORIGINAL 50 YEAR LEASE EXPIRES AUGUST 31, 2014 FOR PROPERTY OWNED BY THE INTERIOR WITH NO ANNUAL RENT ALTHOUGH STAFF HAS REQUESTED $100,000 FOR REQUIRED IMPROVEMENTS (PERMIT #14288) Item #16E8 Page 189 September 23, 2014 REQUEST FOR QUOTATION #14-6286 , COMPUTERS FOR EMS AWARDED TO CDW GOVERNMENT, INC., UTILIZING THE NATIONAL IPA COOPERATIVE CONTRACT, AND AUTHORIZE THE CHAIRMAN TO SIGN THE FAIR MARKET VALUE LEASE AGREEMENT WITH VAR RESOURCES, INC., FOR A TOTAL OF $130,285.08 OVER THREE YEARS Item #16E9 INVITATION TO BID #14-6308 "FLEET AND EQUIPMENT SERVICES" AWARDED TO MULTIPLE VENDORS FOR FLEET MANAGEMENT SERVICES, REPAIR PARTS AND ACCESSORIES — WITH THE VENDORS: DAVALCO ENTERPRISES, INC., DEVOE BUICK CADILLAC DEVOE COLLUSION NAPLES, FL, RELIABLE TRANSMISSION SERVICE RIVERVIEW, FL AND TAMPA TRUCK CENTERS D/B/A FT MYERS FREIGHTLINER, FT. MYERS, FL Item #16E10 AN AGREEMENT AND AUTHORIZING A BUDGET AMENDMENT IN AN AMOUNT NOT TO EXCEED $62,000 FROM RESERVES IN THE GOLDEN GATE ESTATES LAND SALES TRUST FUND TO PROVIDE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT FUNDING FOR THE PURCHASE OF EIGHT MOBILE DATA TERMINALS, INSTALLATION AND TECHNICAL SUPPORT AND SOFTWARE UPDATE FOR A STATION ALERTING SYSTEM — TO SUPPORT SYSTEM UPGRADES FOR A MORE RAPID DISPATCH OF EMERGENCY CALLS, TO PROVIDE AUTO UPDATES TO CALLS WHILE UNITS ARE EN ROUTE AND Page 190 September 23, 2014 WILL ALLOW FOR A REDUCED RESPONSE TIME FOR EMERGENCY PERSONNEL AND APPARATUS Item #16F1 A120-DAY EXTENSION TO THE AGREEMENT WITH THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY INCORPORATED — TO ALLOW TIME FOR THE PUBLIC PRESENTATION OF THE COMMUNITY AND ECONOMIC DEVELOPMENT STRATEGIC PLAN ON OCTOBER 7, 2014 AND DEVELOP THE TERMS AND CONDITIONS OF A SUCCESSOR AGREEMENT BASED ON RECOMMENDATIONS Item #16F2 AN AMENDMENT TO THE TEMPORARY USE AGREEMENT WITH KRAFT OFFICE CENTER LLC, FOR THE NO COST USE OF FURNISHED OFFICE SPACE FOR THE PILOT LAUNCH OF THE SOFT LANDING BUSINESS ACCELERATOR PROJECT — WITH AMENDED SQUARE FOOTAGE THAT TOTALS APPROXIMATELY 800 SQUARE FEET Item #16F3 RESOLUTION 2014-195: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2013-14 ADOPTED BUDGET Item #16F4 Page 191 September 23, 2014 BOARD OF COUNTY COMMISSIONER'S REVIEW AND APPROVAL OF THE PROPOSED FY2015 ACTION PLAN FOR LEO E. OCHS, JR., COUNTY MANAGER Item #16F5 A ONE-YEAR EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE EARLY LEARNING COALITION OF SOUTHWEST FLORIDA, INC., TO PROVIDE FUNDING IN THE AMOUNT OF $75,000 IN FISCAL YEAR 2015 Item #16F6 RESOLUTION 2014-196: AUTHORIZING REMOVAL OF NON- SUFFICIENT FUNDS (NSF) CHECKS IN THE AMOUNT OF $196,097.81 DEEMED UNCOLLECTIBLE FROM THE FINANCIAL RECORDS OF COLLIER COUNTY IN ACCORDANCE WITH RESOLUTION 2006-252 — NSF CHECKS COVER THE PERIOD OF TIME 1988 THRU 2013 AND ENTAIL 20 FUNDS WITH 864 CHECKS THAT TOTAL $196,097.81 Item #16H1 RESOLUTION 2014-197: APPOINTING KEN DAWSON (TO THE REMAINDER OF A TERM EXPIRING MARCH 31, 2017) AND HENRY BACHMAN (TO THE REMAINDER OF A TERM EXPIRING MARCH 31, 2018) TO PELICAN BAY SERVICES DIVISION BOARD Item #16H2 Page 192 September 23, 2014 RESOLUTION 2014-198: REAPPOINTING MARK STRAIN, (REPRESENTING THE COLLIER COUNTY PLANNING COMMISSION) FOR A TERM EXPIRING OCTOBER 1, 2017 TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE Item #16H3 RESOLUTION 2014-199: REAPPOINTING KATHLEEN DAMMERT AND ROBERT SLEBODNIK TO TERMS EXPIRING OCTOBER 1, 2018 TO THE LELY GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE Item #16H4 RESOLUTION 2014-200: APPOINTING STEPHEN KOZIAR REPRESENTING THE CITY OF MARCO ISLAND (TO FILL THE REMAINDER OF A TERM EXPIRING MAY 22, 2017) TO COLLIER COUNTY COASTAL ADVISORY COMMITTEE Item #16H5 RESOLUTION 2014-201 : APPOINTING WILLIAM SCOTT AND ROBERT ANDERSON (TO TERMS THAT WILL EXPIRE ON THE COMMITTEE'S JUNE 12, 2015 SUNSET DATE) TO THE ALL TERRAIN VEHICLE PARK AD HOC COMMITTEE IN ORDER TO REACH A QUORUM FOR FUTURE MEETINGS Item #16H6 RESOLUTION 2014-202: APPOINTING ALLISON KRIDER (TO Page 193 September 23, 2014 FULFILL A TERM EXPIRING FEBRUARY 9, 2018) AND ROBERT CHALHOUB (TO FULFILL A TERM EXPIRING MAY 10, 2017) TO THE HEALTH FACILITIES AUTHORITY Item #16J1 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF AUGUST 28, 2014 THROUGH SEPTEMBER 03, 2014 Item #16J2 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 4, 2014 THROUGH SEPTEMBER 10, 2014 Item #16J3 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 11, 2014 THROUGH SEPTEMBER 17, 2014 Item #16J4 TAX COLLECTOR'S REQUEST FOR ADVANCE COMMISSIONS IN ACCORDANCE WITH FLORIDA STATUTE 192. 102(1) FOR FY2015 — A STATEMENT FOR COMMISSIONS IN THE AMOUNT OF $994, 596.88 Page 194 September 23, 2014 Item #16K1 COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST VINEYARDS DEVELOPMENT CORPORATION, DEBRA LEE GOGAN, AMELIA SOSA, AND ASTRID RAMIREZ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER DAMAGES FOR THE REPAIR OF A TRAFFIC CONTROL BOX IN THE AMOUNT OF $30,771 .56, PLUS COSTS OF LITIGATION — THE RESULT OF AN OCTOBER 29, 2013 VEHICLE ACCIDENT THAT CAUSED SIGNIFICANT DAMAGE TO A COUNTY OWNED TRAFFIC CONTROL BOX ON THE SOUTHEAST CORNER OF PINE RIDGE ROAD AND WHIPPOORWILL LANE Item #16K2 JOINT MOTION AND FINAL JUDGMENT IN THE AMOUNT OF $8,187.50 FOR PARCEL 175RDUE IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. ROBERT E. WILLIAMS, TR., ET AL., CASE NO. 14-CA-816 FOR THE COLLIER BOULEVARD EXPANSION (PROJECT NO. 68056). (FISCAL IMPACT $4,987.50) — FOR A 1,500 SQUARE FOOT ROADWAY, DRAINAGE AND UTILITY EASEMENT Item #16K3 BOARD OF COUNTY COMMISSIONER'S REVIEW AND APPROVAL OF THE PROPOSED FY 2014-2015 ACTION PLAN Page 195 September 23, 2014 FOR COUNTY ATTORNEY JEFFREY A. KLATZKOW Item #16K4 COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST MICHAEL H. CHALFIN AND TYLER R. CHALFIN IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER DAMAGES FOR THE REPAIR OF A COUNTY VEHICLE AND A COUNTY ROAD SIGN IN THE AMOUNT OF $7,348.79, PLUS COSTS OF LITIGATION — THE RESULT OF A MARCH 17, 2014 VEHICLE ACCIDENT AT THE GOLDEN GATE PARKWAY AND SANTA BARBARA BOULEVARD INTERSECTION THAT DAMAGED A COUNTY VEHICLE AND ROAD SIGN Item #17A ORDINANCE 2014-35: AMENDING ORDINANCE 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL ZONING DISTRICT (A), A RURAL AGRICULTURAL ZONING DISTRICT WITH AN ST OVERLAY (A-ST), A RURAL AGRICULTURAL ZONING DISTRICT WITH A RURAL FRINGE MIXED USE SENDING LANDS OVERLAY AND NATURAL RESOURCE PROTECTION Page 196 September 23, 2014 OVERLAY (A-RFMUD-NRPA), AND AN AGRICULTURAL ZONING DISTRICT WITH A RURAL FRINGE MIXED USE SENDING LANDS OVERLAY AND SPECIAL TREATMENT OVERLAY AND NATURAL RESOURCE PROTECTION AREA OVERLAY (A-RFMUD-ST-NRPA) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 590 DWELLING UNITS FOR A PROJECT TO BE KNOWN AS WILLOW RUN RPUD ON PROPERTY AT 9220 COLLIER BOULEVARD IN SECTIONS 11, 12, 13 AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 559+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE (PUDZ-PL20130000682) Item #17B RESOLUTION 2014-203: PETITION VAC-PL20140001704, TO DISCLAIM, RENOUNCE AND VACATE THE PRESERVE AND DETENTION EASEMENT IN TRACT "A", AIRPORT ROAD SUBDIVISION ACCORDING TO PLAT BOOK 24, PAGES 82 THROUGH 83 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #17C RESOLUTION 2014-204: RENAMING CREEKSIDE WAY ARTHREX BOULEVARD, LOCATED IN CREEKSIDE COMMERCE PARK WEST UNIT ONE, TRACT R, EAST OF GOODLETTE-FRANK ROAD AND JUST SOUTH OF IMMOKALEE ROAD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Page 197 September 23, 2014 Item #17D RESOLUTION 2014-205: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2013-14 ADOPTED BUDGET Item #17E RESOLUTION 2014-206: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET Page 198 September 23, 2014 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:23 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL rj,#•%,, . TOM HENN , CHAIRMAN ATTEST: DWIGHT t BROCK, CLERK a ' --')' .e':* attest as Nis These minutes appr,Oved by the Board on 34-frior 2 g /0 14 as presented V or as corrected Transcript prepared on behalf of Gregory Court Reporting, Incorporated by Cherie' R. Nottingham, CSR. Page 199