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BCC Minutes 05/12/2015 R BCC REGULAR MEETING MINUTES May 12 , 2015 May 12, 2015 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 12, 2015 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tim Nance Donna Fiala Tom Henning Georgia Hiller Penny Taylor ALSO PRESENT: Leo E. Ochs, Jr., County Manager Nick Casalanguida, Deputy County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Katie Albers, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority 1.-I% // /, . It • r 0.� AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 May 12, 2015 9:00 AM Commissioner Tim Nance, District 5 — BCC Chair Commissioner Donna Fiala, District 1 — BCC Vice-Chair; CRA Chair Commissioner Georgia Hiller, District 2 - Community & Economic Dev. Chair Commissioner Tom Henning, District 3 — PSCC Chair Commissioner Penny Taylor, District 4 — TDC Chair; CRA Vice-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER 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. PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST. 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 Page 1 May 12, 2015 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. 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. 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 DIVISION 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 DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Edward Gleason - Trinity By The Cove Episcopal 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. April 14, 2015 - BCC/Regular Meeting 3. SERVICE AWARDS Page 2 May 12, 2015 4. PROCLAMATIONS A. Proclamation designating May 18-24 as Water Reuse Week in Collier County. To be accepted by Dr. George Yilmaz, Public Utilities Department Head; Lisa Koehler, Big Cypress Basin Administrator; Lizabeth Johnssen, Wastewater Division Director; and Joseph Bellone, Public Utilities Operations Support Director. B. Proclamation designating May 17-23 as Emergency Medical Services Week in Collier County, in recognition of the dedication of all emergency medical professionals serving in a variety of roles. To be accepted by Walter Kopka, Chief, Collier County EMS. C. Proclamation recognizing the Collier County Procurement Services Division for receiving the Outstanding Agency Accreditation Achievement Award by the National Institute of Governmental Purchasing. To be accepted by Joanne Markiewicz, Division Director, Collier County Procurement Services and staff. D. Proclamation designating May 11-17 as Salvation Army Week in Collier County. To be accepted by Major Francina Proctor, Associate Regional Coordinator, Salvation Army of Collier County and Alisa Marie Coccari, Communications, Salvation Army of Collier County. E. Proclamation designating May 2015 as National Drug Court Awareness Month in Collier County. To be accepted by The Honorable Janeice Martin, Presiding Judge; Ashley Swan, Case Manager; members of the Drug Court team and many participants. F. Proclamation designating May 2015 as Motor Cycle Safety Month and to promote motorcycle awareness and safety in Collier County. To be accepted by representatives of American Bikers Aimed Toward Education - ABATE of Florida Inc. — Gator Alley Chapter: Lynn Corr, Legislative Trustee; Laurajo Smith, Communications; and William "Riffraff' Breen, Safety Director. G. Proclamation designating May 17-23 as International Association of Insurance Professionals Week in Collier County. To be accepted by Belinda Zivich, President of Insurance Professionals of Collier County. Page 3 May 12, 2015 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for May 2015 to NCH Healthcare Systems. To be accepted by Dr. Allen Weiss, President and CEO; Dr. Frank Astor, Chief Medical Officer; Renee Thigpen, Associate Chief Human Resources Officer; Michelle Zech, Director of Human Resources; Vicki Thompson, HR Business Partner II; Donna Wisniewski, HR Business Partner; and Kristi Bartlett, Vice President, Business Development, Greater Naples Chamber of Commerce. 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Items #8 and#9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 9:30 a.m. Recommendation to deny single, 2014 Cycle 1 Growth Management Plan Amendment Petition PL20140000113/CP-2014-2 specific to the San Marino Planned Unit Development. (Adoption Hearing) (Companion to rezone Petition PUDA- PL20140000100, San Marino Planned Unit Development) B. This item to be heard immediately following Item #9A. 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 Number 2000-10, the San Marino Planned Unit Development, by increasing the maximum dwelling units from 352 to 650; by removing the Golf Course Uses; by establishing two Development Parcels as Parcel A and Parcel B; by adding Permitted Uses for Parcel B; by adding Development Standards for Parcel B; by adding Deviations; by revising the Master Plan; by revising Developer Commitments for the PUD located on the east side of CR 951 approximately 1.5 miles south of Davis Boulevard in Section 11, Township Page 4 May 12,2015 50 South, Range 26 East, Collier County Florida consisting of 235± acres; and by providing an effective date. (Petition PUDA-PL20140000100) [Companion to CP-2014-2/PL20140000113] C. This item had been continued from the April 28, 2015 BCC Meeting, and is further continued to the May 26, 2015 BCC Meeting. Recommendation to deny a single, 2013 Cycle 3 Growth Management Plan Amendment specific to the Vincentian Mixed Use Subdistrict petition. (Adoption Hearing) (Companion to Rezone Petition PUDZ- PL20130001726, Vincentian Village Mixed Use Planned Unit Development) D. This item had been continued from the April 28, 2015 BCC Meeting, and is further continued to the May 26, 2015 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Planned Unit Development (PUD) zoning district to a Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as the Vincentian Village MPUD, to allow construction of a maximum of 224 multifamily residential dwelling units, up to 250,000 gross square feet of commercial land uses, and a hotel limited to 150 rooms and an assisted living facility (ALF) at 0.6 FAR. The commercial uses are subject to conversions and limitations if the project is developed as mixed use or if a hotel or ALF is constructed. The subject property is located at the southeast corner of Southwest Boulevard and U.S. 41 in Section 32, Township 50 South, Range 26 East, Collier County, Florida, consisting of 30.68+/- acres; providing for the repeal of Ordinance Number 99-37, the Vincentian PUD; and by providing an effective date. [PUDZ-PL20130001726. This is a companion to the Growth Management Plan Amendment establishing the Vincentian Mixed Use Subdistrict, PL20130001767/CP-2013-10] 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to consider setting a time certain in Board of County Page 5 May 12, 2015 Commissioner Meetings of 1:00 pm for public comment for items not on the agenda and, in addition, when a Board of County Commission Meeting ends before 1:00 pm, it will reconvene at 1:00 pm for the purpose of hearing public comments. (Commissioner Taylor) B. Recommendation to authorize the County Attorney to advertise for future consideration an ordinance amending Ordinance No. 2005-54 with direction to include revision to Section Nineteen to meet updated market standards for landscape recycling. (Commissioner Henning) 11. COUNTY MANAGER'S REPORT 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) accept staff and the MSTU Advisory Board's response to Mr. Bob Messmer's public comments at the April 28, 2015 BCC Meeting. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the sewer utility facility for Torino and Miramonte at Grey Oaks AR-11363 and to Page 6 May 12, 2015 authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 2) Recommendation to approve final acceptance of the water utility facility for Hacienda Lakes, PL20130002446 and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $27,881.46 to the Project Engineer or Developer's designated agent. 3) Recommendation to accept a Resolution Amending Exhibit "A" to Resolution No. 2013-239, the list of speed limits on County maintained roads, to establish a speed limit of forty (40) mph for Hacienda Boulevard (f/k/a Benfield Road), approximately 1-mile east of Collier Boulevard (CR 951) from Rattlesnake Hammock Road to a point approximately 1.5 miles north. 4) Recommendation to approve selection committee rankings and authorize staff to enter into contract negotiations with the number one ranked firm, High Spans Engineering, Inc., for RFP #15-6372, "Verification Testing for Golden Gate Blvd. Design Build", Project #60040. 5) Recommendation to approve payment for a Joint Coastal Permit in the amount of$22,970 for the 15-year FDEP permit under DEP File No. 0311817-001-JC for beach renourishment, authorize all necessary budget amendments, and make a finding that this item promotes tourism. (Project No. 80165) 6) Recommendation to approve a waiver, in accordance with the guidelines set forth in the Advance Street Name Sign Guidelines policy and Resolution Number 2012-114, for the placement of advance street name guide signs along Collier Boulevard (CR 951) upon approaches Naples Lake Boulevard. 7) Recommendation to approve the ranked list of design professionals for Request for Proposal (RFP) #15-6382, "Grant Funded Professional Services for Coastal Zone Management," authorize staff to negotiate contracts with the top ranked firms for subsequent Board approval and make a finding that this item promotes tourism. Page 7 May 12,2015 8) Recommendation to authorize a budget amendment totaling $176,000 within the Stormwater Capital Fund 325, moving $161,000 from Project Number 60094, Secondary System Repair and $15,000 from Project Number 51144, Stormwater Feasibility and Preliminary Design, to fund Project Number 60140, the Kirkwood Alley Stormwater Management Project. 9) Recommendation to approve the release of a code enforcement lien with an accrued value of$8,643.89 for payment of$593.89, in the code enforcement action entitled Board of County Commissioners v. Cindy Yablonowski, Code Enforcement Board Case No. CEVR20130009048, relating to property located at 6508 Trail Blvd., Collier County, Florida. 10) Recommendation to approve the release of a code enforcement lien with an accrued value of$49,500 for payment of$6,000, in the code enforcement action entitled Board of County Commissioners v. Jon R. and Denise T.C. Brimmer, Code Enforcement Board Case No. 2007090878, relating to property located at 561 7th St. NW, Collier County, Florida. 11) Recommendation to approve the release of a code enforcement lien with an accrued value of$30,862.29 for payment of$562.29, in the code enforcement action entitled Board of County Commissioners v. Christopher S. Cleary Est., Code Enforcement Special Magistrate Case No. CEPM20130009214, relating to property located at 4951 18th Ct. SW, Collier County, Florida. 12) Recommendation to approve two releases of code enforcement liens with a combined accrued value of$385,362.30, for payment of $612.30, in the code enforcement actions entitled Board of County Commissioners v. Valorie K. Lojewski and Carol E. Nelson, Code Enforcement Board Case Nos. CESD20080014926 and CESD20080015799, relating to property located at 330 Wilson Blvd. S., Collier County, Florida. 13) Recommendation to approve the release of a code enforcement lien with an accrued value of$106,731.43, for payment of$1,597.93, in the code enforcement action entitled Board of County Commissioners v. Thu-Nhut Nguyen, Code Enforcement Board Case No. Page 8 May 12,2015 CEPM20120001592, relating to property located at 480 8th St. NE, Collier County, Florida. 14) Recommendation to adopt a Resolution appointing membership to the Golden Gate Watershed Improvement Program Technical Advisory Ad Hoc Committee for 12 months. 15) Recommendation to authorize the Clerk of Courts to release Performance Bond No. 964119218 in the amount of$302,000, which was posted as a development guaranty for work associated with Parklands - Plat One, Early Work Authorization (EWA) PL20140001253. 16) Recommendation to approve a Partnership Agreement (PA) with the Rotary Club of Marco Island, Florida Sunrise and Collier County; and authorize Collier County to purchase two Multi-use Bus Stop Shelters for the Copeland area located at Panther Park and Lake Gloria. 17) Recommendation to approve and authorize the Chairman to execute a Letter of Intent to the United States Army Corps of Engineers for Collier County to serve as a non-Federal sponsor for a shoreline protection feasibility study within Collier County. 18) Recommendation to authorize a budget amendment for attorney's fees awarded by the Court for supplemental proceedings in the case of Collier County v. Andy Morgan, Case No. 07-4400-CA. (Santa Barbara Extension Project No. 60091) (Fiscal Impact: $58,829) 19) Recommendation to approve a Temporary Use Agreement to permit the temporary use of a portion of a right-of-way previously acquired for the expansion of County Barn Road from two lanes to four lanes. B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve a $365,690.30 work order with Quality Enterprises USA, Inc., under Request for Quotation #14-6213-20 for Underground Utility Contracting Services for the Bluebill Avenue Forcemain Replacement, Project Number 70044. Page 9 May 12,2015 D. PUBLIC SERVICES DIVISION 1) Recommendation to approve a transportation coordination agreement with Good Wheels, Inc. 2) Recommendation to approve substantial amendments to the U.S. Department of Housing and Urban Development Community Development Block Grant from FY2005-2006 through FY2014-2015 Annual Action Plans; amend a subrecipient agreement with Habitat for Humanity - Legacy Lakes; approve a subrecipient agreement with Naples Equestrian Challenge and increase or allocate project delivery for the following: Habitat for Humanity - Legacy Lakes, Boys & Girls Club of Collier County, Naples Equestrian Challenge and Direct Homeownership Assistance. 3) Recommendation to authorize a budget amendment to the Home Care for the Elderly agreement between Collier County and the Area Agency on Aging for Southwest Florida, Inc. by transferring funds between budget lines for FY 14-15. 4) Recommendation to approve an after-the-fact Amendment and Attestation Statement with Area Agency on Aging for Southwest Florida, Inc. for the Community Care for the Elderly program and budget amendment to ensure continuous funding for FY 2014/2015. 5) Recommendation to award Request for Proposal No. 14-6274, Parks and Recreation Activity Management Software Solution to the Active Network, LLC, authorize the Chairman to execute the Agreement, and authorize the necessary budget amendment. 6) Recommendation to approve a 20% discount on Collier County Parks and Recreation swimming lesson programs to all Collier County children (age 5 and under) and to authorize Parks and Recreation to promote the discount within the NCH Safe and Healthy Children's Coalition "Water Smart Prescription Booklet". E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve a Memorandum of Understanding between Collier County and Naples United Church of Christ in Page 10 May 12,2015 • support of Emergency Management activities related to natural and manmade hazards emergency response. 2) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation claim files settled and/or closed by the Risk Management Division Director pursuant to Resolution 2004-15 for the second quarter of FY15. 3) Recommendation to authorize the Chief of Emergency Medical Services to sign a Lee Memorial Health System Computer Access Request form(s) and Physician/Office Staff Security Agreement(s) to obtain medical records from Lee Memorial Hospital System. 4) Recommendation to approve the price list attachment dated June 12, 2013 from Con-Air Industries and authorize payment of$2,455.92 in outstanding invoices from 2013 and 2014. 5) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. 6) Recommendation that the Board affirms and confirms its prior authorization to purchase original equipment manufacturer (OEM) parts from local Ford dealerships until a new solicitation can be finalized, whether or not the expenditures exceed $50,000, and direct Finance to promptly pay all outstanding and future invoices that are otherwise appropriate. F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2014-15 Adopted Budget. 2) Recommendation pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners acknowledges the selection of outside counsel and approves payment of counsel identified in the back-up materials to this item to represent Leo Ochs and Joanne Markiewicz in the case styled Dwight E. Brock v. Leo E. Ochs, Jr., as Manager/Administrator of Collier County and Joanne Markiewicz, as Purchasing and General Services Division Director, Case No. 11- Page 11 May 12, 2015 2015-CA-000595-0001-XX, in the Circuit Court of the Twentieth Judicial District in and for Collier County, Florida, and in addition to waive the Purchasing Policy to the extent it applies to the selection of outside counsel and/or otherwise exempt the selection of outside counsel from competition pursuant to Purchasing Ordinance Section Eleven, Procurement of Professional Services. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to appoint one member to the Code Enforcement Board, and upon such appointment, accept his resignation from the Contractor's Licensing Board. 2) Recommendation to reappoint three members to the Contractors Licensing Board. 3) Recommendation to appoint a member to the Historical Archaeological Preservation Board. 4) Recommendation to reappoint two members to the Tourist Development Council. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period April 23 through April 29, 2015. 2) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period April 30 through May 6, 2015. K. COUNTY ATTORNEY Page 12 May 12,2015 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which includes 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 the Estates (E) zoning district to a Residential Planned Unit Development (RPUD) zoning district to be known as the Avalon of Naples RPUD to allow a maximum of 160 multi-family residential dwelling units, or 82 single-family residential dwelling units. The subject property, consisting of 22.83± acres, is located on the southeast quadrant of the intersection of Davis Boulevard (SR 84) and County Barn Road in Section 8, Township 50 South, Range 26 East, Collier County, Florida and by providing an effective date. [PUDZ-PL20140001179] B. This item was continued from the April 14, 2015 BCC Meeting, then again from the April 28, 2015 BCC Meeting. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20140000235, to vacate the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, Page 1007 through 1018, public records of Collier County, Florida, being a part of Tract M-1, Stella Maris, and approve an Amendment to the Settlement Agreement and General Release, dated June 26, 2007, as recorded in Official Record Book 4251, Pages 1019 through 1024. Page 13 May 12,2015 C. 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 14 May 12, 2015 May 12, 2015 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN NANCE: Good morning, ladies and gentlemen, to the Board of County Commission meeting of May 12th, 2015. At this time I would ask each of you to assist us have an orderly meeting by silencing any devices that you might have. Please rise while we receive the invocation to be given today by Reverend Edward Gleason of the Trinity By the Cove Episcopal Church, and remain standing as we have the Pledge of Allegiance. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE — INVOCATION GIVEN BY REVEREND EDWARD GLEASON FROM TRINITY BY THE COVE EPISCOPAL CHURCH REVEREND GLEASON: Almighty God, teach our people to rely on your strength and to accept their responsibilities to their fellow citizens, that they may elect trustworthy leaders and make wise decisions for the well-being of our society, as we may serve you with faithfulness in our generation and honor your holy name. And we pray you, send down upon those who hold office in this county the spirit of wisdom, charity and justice, that with steadfast purpose they may faithfully serve in their offices to promote the well-being of all people. We offer these petitions and desires through your holy name, amen. CHAIRMAN NANCE: Please join me in the pledge. (Pledge of Allegiance was recited in unison.) CHAIRMAN NANCE: Thank you. Mr. Ochs, would you introduce our agenda changes for today, please, sir. Page 2 May 12, 2015 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 and Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of March 12th, 2015. The first proposed change is to add Item 11.A to the agenda. This is a request for an emergency bridge repair pursuant to a Florida Department of Transportation inspection. That item is added at the staffs request and the Board has received that executive summary and backup information prior to the meeting today. The next proposed change is to move Item 17.A to become Item 9.E on your advertised public hearing agenda. That is a request -- excuse me, a rezoning of an Estates zoning district into a planned residential planned unit development to be known as Avalon of Naples, RPUD. That item is moved at Commissioner Henning's request. The next proposed change is to move Item 17.B from your summary agenda to become Item 9.F on your advertised public hearing agenda. That is a recommendation to vacate a conservation easement and approve an amendment to a previous settlement agreement. That item is moved at Commissioner Hiller's request. We have one agenda note this morning, Commissioners, and that relates to Item 16.E.6 and that is to advise the Board that the new contract for the fleets part is scheduled for board action at your next meeting on May 26th. We have a couple of time certain items this morning, Page 3 May 12, 2015 Commissioners. Item 9.A is scheduled to be heard at 9:30 a.m., and to be immediately followed by its companion Item 9.B. And then finally 9.E will be heard immediately following 9.B. And those are all the changes that I have, Mr. Chairman. CHAIRMAN NANCE: Thank you very much. At this time we'll do ex parte disclosure and any additional changes by Commissioners. We'll take up the ex parte on the summary and public hearings as we encounter those in our agenda. Would you like to start, Commissioner Taylor? COMMISSIONER TAYLOR: Yes, thank you. Yesterday Mr. Ochs, I requested backup information for 16.E.6. I didn't get any. Which is the parts, local parts from the Ford dealership. All I've got is the expenditures exceeding in the executive summary. So I think I'd like to pull that for discussion, please. MR. OCHS: That will become Item 11 .B, Commissioners. COMMISSIONER TAYLOR: And any ex parte I'll declare at the time of the agenda item on the land development issues. And that would be it for me this morning. CHAIRMAN NANCE: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you so much. And good morning, everyone. Thank you for being here today. Today on the summary agenda -- well, on the consent agenda I have nothing. On the summary agenda, 17.A, we'll be discussing that now in regular meeting, won't we? So I can declare it then. And 17.B would be the same thing, because that's been pulled. Looks like I have nothing to talk about today. CHAIRMAN NANCE: Thank you very much. I have no further changes to the agenda, and I have no ex parte disclosure for today's regular or consent agenda. Page 4 May 12, 2015 Commissioner Hiller? COMMISSIONER HILLER: Good morning. No changes, no disclosures. CHAIRMAN NANCE: Thank you. Commissioner Henning? COMMISSIONER HENNING: Good morning. The -- I have no ex parte communication on today's consent or summary. I do want to move 16.F.2 to the regular agenda. MR. OCHS: That would be Item 11.C, if it's moved by the Board. CHAIRMAN NANCE: All right. Hearing no other comments, is there a motion to approve today's regular consent and summary agendas as amended? COMMISSIONER HILLER: So moved. COMMISSIONER FIALA: Yes. CHAIRMAN NANCE: There's a motion by Commissioner Hiller and a second by Commissioner Taylor. COMMISSIONER TAYLOR: No, Fiala. CHAIRMAN NANCE: Oh, excuse me, Commissioner Fiala second. Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) Page 5 May 12, 2015 CHAIRMAN NANCE: Thank you, that passes unanimously. Page 6 Proposed Agenda Changes Board of County Commissioners Meeting May 12,2015 Add On Item 11A: Recommendation that the Board declares a public emergency with respect to bridge repairs needed for bridge number 030137 on CR-846 indentified by the recent Florida Department of Transportation(FDOT)inspection,approve installation of vehicle restriction signs,waives the Purchasing Ordinance in the best interest of the County and authorize staff to proceed with a design-build temporary bridge repair with a vendor that can complete the work on the most expedited schedule. (Staff's request) Move Item 17A to Item 9E: 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.A recommendation to consider an Ordinance amending Ordinance Number 2004-41,as amended,the Collier County Land Development Code,which includes the comprehensive zoning regulations for the unincorporated area of Collier County,Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Estates(E)zoning district to a Residential Planned Unit Development(RPUD)zoning district to be known as the Avalon of Naples RPUD to allow a maximum of 160 multi-family residential dwelling units,or 82 single-family residential dwelling units.The subject property,consisting of 22.83±acres,is located in the southeast quadrant of the intersection of Davis Boulevard(SR 84)and County Barn Road in Section 8,Township 50 South,Range 26 East,Collier County,Florida,and by providing an effective date [PUDZ-PL20140001179[. (Commissioner Henning's request) Move Item 17B to Item 9F: This item has been continued from the April 14,2015 BCC meeting, then again from the April 28.2015 BCC meeting. This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20140000235,to vacate the 2.35-foot wide conservation easement as recorded in Official Record Book 4251,Pages 1007 through 1018,of the public records of Collier County,Florida,being a part of Tract M-1,Stella Maris,and approve an Amendment to the Settlement Agreement and General Release,dated June 26,2007,as recorded in Official Record Book 4251,Pages 1019 through 1024. (Commissioner Hiller's request) Note: Item 16E6: Please note that the new contract for Fleet parts is scheduled for Board action on the May 26,2015 BCC agenda. Time Certain Items: Item 9A to be heard at 9:30 a.m.,immediately followed by Companion Item 9B Item 9E to be heard immediately following Item 9B 5/12/2015 8:25 AM May 12, 2015 Item #2B BCC REGULAR MEETING MINUTES FROM APRIL 14, 2015 — APPROVED AS PRESENTED CHAIRMAN NANCE: Is there a motion to approve the meeting minutes from the April 14th, BCC regular meeting? COMMISSIONER HILLER: So moved. COMMISSIONER FIALA: Second. CHAIRMAN NANCE: There's a motion by Commissioner Hiller and a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN NANCE: All those in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) Item #4 PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION DESIGNATING MAY 18 - 24 AS WATER REUSE WEEK IN COLLIER COUNTY. ACCEPTED BY DR. Page 7 May 12, 2015 GEORGE YILMAZ, PUBLIC UTILITIES DEPARTMENT HEAD; LISA KOEHLER, BIG CYPRESS BASIN ADMINISTRATOR; LIZABETH JOHNSSEN, WASTEWATER DIVISION DIRECTOR; AND JOSEPH BELLONE, PUBLIC UTILITIES OPERATIONS SUPPORT DIRECTOR — ADOPTED CHAIRMAN NANCE: All right. All right, Mr. Ochs, I believe that takes us to today's good news proclamations. MR. OCHS: Yes, sir. Mr. Chairman, Item 4.A is a proclamation designating May 18th through the 24th as Water Reuse Week in Collier County. To be accepted by Dr. George Yilmaz, Public Utilities Department Head; Lisa Koehler, Big Cypress Basin Administrator; Lizabeth Johnson, Wastewater Division Director; and Joe Bellone, Public Utilities Operator Support Director. Please step forward. (Applause.) MS. KOEHLER: Can I just say one thing? CHAIRMAN NANCE: We're waiting, ma'am. MS. KOEHLER: Thank you. Thank you on behalf of the Water Management District and the Big Cypress Basin Board for today's proclamation. As Commissioner Henning had asked, rainy season has started, we think. We are expecting lots of rain this week. And so I want to thank you very much for your leadership and dedication to the investment in reuse water. We have been -- it has been our pleasure to partner with you over the years. We enjoy working with Dr. George and his staff on their plans for the future and continue looking forward to that relationship in the future. Thank you. (Applause.) CHAIRMAN NANCE: I think everybody can realize from the constant bad news from the American West how important water is. Page 8 May 12, 2015 And we should -- just because we are in a situation in Florida where we have an abundant water supply, at least during part of the year, we have to be very, very diligent on this and we should strive to conserve all the water we possibly can. We're now to 19 million people in the State of Florida, growing from when I was a little boy there was a little over a million. So we need that water. And thank you to Dr. George and the district for keeping it out in front of us and doing everything we can to manage our water in the best possible way. Thank you so much. Item #4B PROCLAMATION DESIGNATING MAY 17 - 23 AS EMERGENCY MEDICAL SERVICES WEEK IN COLLIER COUNTY, IN RECOGNITION OF THE DEDICATION OF ALL EMERGENCY MEDICAL PROFESSIONALS SERVING IN A VARIETY OF ROLES. ACCEPTED BY WALTER KOPKA, CHIEF, COLLIER COUNTY EMS — ADOPTED MR. OCHS: Item 4.B is a proclamation designating May 17th through the 23rd as Emergency Medical Services Week in Collier County, in recognition of the dedication of all emergency medical professionals serving in a variety of roles. Proclamation to be accepted by Walter Kopka, Chief, Collier County EMS. Walter? (Applause.) CHIEF KOPKA: Good morning, Mr. Chairman and Commissioners. For the record, Walter Kopka, Chief of Emergency Medical Services. I'm honored and privileged to receive this proclamation on behalf Page 9 May 12, 2015 of the nearly 200 emergency medical technician and paramedics who responded to over 41,000 9-1-1 calls last year. Behind them we also have a fantastic support and training group that give them the tools they need to provide the lifesaving skills they do every day. And mostly I want to thank you, Commissioners, for your support of the EMS Department. Thank you. (Applause.) Item #4C PROCLAMATION RECOGNIZING THE COLLIER COUNTY PROCUREMENT SERVICES DIVISION FOR RECEIVING THE OUTSTANDING AGENCY ACCREDITATION ACHIEVEMENT AWARD BY THE NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING. ACCEPTED BY JOANNE MARKIEWICZ, DIVISION DIRECTOR, COLLIER COUNTY PROCUREMENT SERVICES AND STAFF — ADOPTED MR. OCHS: Item 4.0 is a proclamation recognizing the Collier County Procurement Services Division for receiving the Outstanding Agency Accreditation Achievement Award by the National Institute of Governmental Purchasing. To be accepted by Joanne Markiewicz, Division Director, Collier County Procurement Services, and the staff. Congratulations. (Applause.) Item #4D PROCLAMATION DESIGNATING MAY 11 - 17 AS SALVATION ARMY WEEK IN COLLIER COUNTY. ACCEPTED BY MAJOR FRANCINA PROCTOR, ASSOCIATE REGIONAL Page 10 May 12, 2015 COORDINATOR, SALVATION ARMY OF COLLIER COUNTY AND ALISA MARIE COCCARI, COMMUNICATIONS, SALVATION ARMY OF COLLIER COUNTY — ADOPTED MR. OCHS: Item 4.D is a proclamation designating May 11th through May 17th as Salvation Army Week in Collier County. To be accepted by Major Francina Proctor, Associate Regional Coordinator, Salvation Army of Collier County; and Alisa Marie Coccari, Communications, Salvation Army of Collier County. If you'd please step forward and receive your proclamation. Congratulations. (Applause.) MAJOR PROCTOR: Thank you, Commissioners for this recognition. May I just add that not only is it National Salvation Army Week, but we are also celebrating 150 years service around the world this year. So we are grateful for the support and for the fact that so many people entrust so much with us. And we will continue to do the most good. That's our promise. Thank you. (Applause.) Item #4E PROCLAMATION DESIGNATING MAY 2015 AS NATIONAL DRUG COURT AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY THE HONORABLE JANEICE MARTIN, PRESIDING JUDGE; ASHLEY SWAN, CASE MANAGER; MEMBERS OF THE DRUG COURT TEAM AND MANY PARTICIPANTS — ADOPTED MR. OCHS: Item 4.E is a proclamation designating May, 2015 as National Drug Court Awareness Month in Collier County. To be Page 11 May 12, 2015 accepted by the Honorable Janeice Martin, Presiding Judge; Ashley Swan, Case Manager; and members of the Drug Court Team and many participants. (Applause.) JUDGE MARTIN: Mr. Chairman, if I may take just a moment? CHAIRMAN NANCE: Yes, ma'am. JUDGE MARTIN: Mr. Chair, Commissioners, fellow citizens and friends. I just want to take a moment to say thank you for everything that you have done -- Mr. County Manager -- to support the drug court effort. While we don't necessarily receive checks from the county, the county sets a tone that's supportive of us; the Sheriff sets a tone that's extremely supportive. And just for those who don't know, the drug court program is an intensive accountability based treatment court for addicts facing felony charges who want to turn their lives around. We know that simply parking them in our jails and prisons costs an awful lot of money, it doesn't do anything to make them any better off when they come out, so we offer the opportunity to do something a whole lot harder than time, which is to face their demons, work on what brought them there and turn things around. And I stand here incredibly proud and humbled to have the opportunity to bear witness to the hard work that these men and women do. I'm joined by the David Lawrence Center, the State Attorney's Office, several community partners, and you all have been wonderfully supportive. Your vision has set a tone where these folks are all employed, they're working in our businesses, they're part of the economic recovery of our county, and they are paying their way to a better, productive life where they support their family, support themselves and contribute to our community. So we're eternally grateful to the county for everything that you do to support us. Page 12 May 12, 2015 We've got a Moving On Ceremony; we don't call it graduation because they don't graduate from addiction, but Moving On Ceremony on Tuesday, May 19th. I don't know if that conflicts with a meeting, it usually does. May 19th at 4:30, 6th floor of the courthouse. Open to the public. We hope you'll join us if you're able to. Thank you. (Applause.) CHAIRMAN NANCE: Judge Martin, thank you very much on behalf of everybody in the community for your personal dedication and the effort and enthusiasm you've shown for this program and for the efforts and enthusiasm for all the staff and cooperators that you have in this great program. Thank you so very much, ma'am. JUDGE MARTIN: It's our privilege. Thank you. Item #4F PROCLAMATION DESIGNATING MAY 2015 AS MOTOR CYCLE SAFETY MONTH AND TO PROMOTE MOTORCYCLE AWARENESS AND SAFETY IN COLLIER COUNTY. ACCEPTED BY REPRESENTATIVES OF AMERICAN BIKERS AIMED TOWARD EDUCATION - ABATE OF FLORIDA INC. — GATOR ALLEY CHAPTER: LYNN CORR, LEGISLATIVE TRUSTEE; LAURAJO SMITH, COMMUNICATIONS; AND WILLIAM "RIFFRAFF" BREEN, SAFETY DIRECTOR — ADOPTED MR. OCHS: Item 4.F is a proclamation designating May, 2015 as Motorcycle Safety Month and to promote motorcycle awareness and safety in Collier County. To be accepted by representatives of American Bikers Aimed Toward Education, ABATE of Florida, Inc., Gator Ally Chapter; Lynn Corr, Legislative Trustee; Laurajo Smith, Communications; and William "Riffraff' Breen, the Safety Director. Page 13 May 12, 2015 Please step forward and receive your proclamation. (Applause.) MS. CORR: Thank you for this proclamation. Gator Ally is a local motorcycle organization that supports safety and legislation. And we think that with our young people who are learning to ride motorcycles all the way up to some who have been riding for many, many years, safety is the number one item. And in order for us to promote our safety, we have to go in and use the legislation. And we want to thank you for this proclamation, and we hope that you see us in the schools more because we do like to teach our young people to be aware of motorcycles. We are from all five districts, everybody in our chapter, we're 350 strong, and we support Collier County. And so we want to be out and about in our area and teaching everybody about motorcycle awareness. Thank you. (Applause.) Item #4G PROCLAMATION DESIGNATING MAY 17 - 23 AS INTERNATIONAL ASSOCIATION OF INSURANCE PROFESSIONALS WEEK IN COLLIER COUNTY. ACCEPTED BY BELINDA ZIVICH, PRESIDENT OF INSURANCE PROFESSIONALS OF COLLIER COUNTY — ADOPTED MR. OCHS: Item 4.G is a proclamation designating May 17th through the 23rd as International Association of Insurance Professionals Week in Collier County. To be accepted by Belinda Zivich, President of Insurance Professionals of Collier County. Good morning. Congratulations. Page 14 May 12, 2015 (Applause.) MS. ZIVICH: Just a quick thank you for acknowledging this. We are a professional organization of insurance professionals in Collier County, and we focus on education and professional development. And I do want to say a special thank you to Mr. Casalanguida and Mr. French for joining us last month at our meeting and speaking. Thank you. (Applause.) COMMISSIONER HENNING: Motion to approve the proclamations. COMMISSIONER HILLER: I'd like to make a comment before we do that. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Yeah, there are several things I'd like to say. The first is really, congratulations to our purchasing division and to Joanne. It's really outstanding that they received such a high national recognition. And particularly in light of the lawsuit by the Clerk against purchasing. I think it's worthy of note that they received this commendation. The second thing I'd like to add is that while I appreciate that Chief Kopka recognized our EMS for rescue, we have to keep in mind that it's not just our EMS staff but it's also fire that provides rescue and has responded to so many of those 9-1-1 calls and has saved so many lives. So we're grateful to all of them. And lastly, and this raises my concern about this whole issue about proclamations and which ones are being brought forth and how they're being brought forward. It's National Law Enforcement Memorial Week, and there was no proclamation presented to recognize our fallen law enforcement officers. And to me that is a very serious oversight. And I don't know how we correct that. Page 15 May 12, 2015 I went to the memorial service last night to honor those who died for our safety from the CCSO, the Collier County Sheriffs Office. We need to do something about that. And I don't know if we could possibly bring forward a proclamation to recognize those fallen law enforcement officers at the next meeting, if that would be possible, if you could coordinate that with the Sheriffs Office. MR. OCHS: It would be my pleasure. COMMISSIONER HILLER: Thank you. So I think everybody here today should take a moment and remember the law enforcement officers who died for our safety. Commissioner Nance, can you ask for a moment of silence in their memory? CHAIRMAN NANCE: Yes. Can we bow our heads and thought for these valiant servants to our community. (Moment of silence.) CHAIRMAN NANCE: Thank you very much. COMMISSIONER HILLER: And in light of what's going on nationally with law enforcement and so many officers that are being killed horribly in the line of duty, I think it's extremely important that we remember them as well. Thank you. CHAIRMAN NANCE: Commissioner Hiller, I think you have a very good point. And this has been something that I've also had an interest and actually I've heard every one of the Commissioners here say the same thing, and that is the proclamations that we start our meetings with each morning we hold one are the good news items that have come forward and that are on our agenda each day. That is not to say that we don't have many, many more good news items. And sadly on the consent agenda there are many good news items that go unrecognized, I think things that are really important. For example, we had one there today and I meant to mention it when we talked about the consent agenda, we had Parks and Recreation sponsoring a 20 Page 16 May 12, 2015 percent discount for teaching children under five how to swim, things of this nature. Things that are really, really good. And I think it's important that we get those good news items out there to our community. Because sadly they're barraged by so much negativity. And, you know, bad news spreads in a hurry these days with electronics. So, you know, I think it's important that we focus a little more on the good news. I don't know exactly how to do that, but if somebody could come up with an idea, I'm in favor of it. Because I just -- you know, I want to be uplifted each day. And we've got so many things in Collier County to be thankful for. And, like I say, a lot of time spent in problem resolution but, you know, it should be a happy place here in Collier County. We're blessed indeed. Commissioner Fiala? COMMISSIONER FIALA: You are so right. And maybe what we can do is give direction to our County Manager to ask him to have our public information officer peruse the consent agenda for such good news items and write about them. Now, they might already be getting in -- MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: The thing is, if they get a press release. But if the newspaper chooses not to put it in there, then there's nothing we can do. But I'm sure we put it on our television. MR. OCHS: Yes, ma'am. And we do that routinely. COMMISSIONER FIALA: Oh, good. See how much I know? Okay, thank you. CHAIRMAN NANCE: Commissioner Taylor, then Commissioner Hiller. COMMISSIONER TAYLOR: Chairman Nance, you can always pull the item and just feature it and say thank you. CHAIRMAN NANCE: Yes, ma'am. Commissioner Hiller? Page 17 May 12, 2015 COMMISSIONER HILLER: You know, the good news is, is we're no longer dependent on the Naples Daily News to get the word out. There's a new newspaper in town, which I think is very exciting, because this town -- and I shouldn't say the town, but the community, Collier County as a community -- has not had a second voice. And that really creates a problem because you don't always hear the truth in the news when you only have one news source. So it's very exciting. We now have a newspaper that's come out, it's called the Naples Herald. And I would ask staff to make sure that all announcements, any press releases include the Naples Herald as part of its distribution. So again, if the Naples Daily News doesn't report accurately, please look to them, because I know that is their commitment. CHAIRMAN NANCE: Thank you. All right, we have a motion to approve today's proclamations. I will second that motion. Any discussion on that? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you very much. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR MAY 2015 TO NCH HEALTHCARE Page 18 May 12, 2015 SYSTEMS. ACCEPTED BY DR. ALLEN WEISS, PRESIDENT AND CEO; DR. FRANK ASTOR, CHIEF MEDICAL OFFICER; RENEE THIGPEN, ASSOCIATE CHIEF HUMAN RESOURCES OFFICER; MICHELLE ZECH, DIRECTOR OF HUMAN RESOURCES; VICKI THOMPSON, HR BUSINESS PARTNER II; DONNA WISNIEWSKI, HR BUSINESS PARTNER; AND KRISTI BARTLETT, VICE PRESIDENT, BUSINESS DEVELOPMENT, GREATER NAPLES CHAMBER OF COMMERCE - PRESENTED MR. OCHS: Mr. Chairman, that takes us to Item 5, presentations this morning. Item 5.A is a presentation of the Collier County Business of the Month for May, 2015 to NCH Healthcare Systems. To be accepted by Dr. Allen Weiss, President and CEO; Dr. Frank Astor, Chief Medical Officer; Renee Thigpen, Associate Chief Human Resources Officer; Michele Zech, Director of Human Resources; Vicki Thompson, HR Business Partner; Donna Wisniewski, HR Business Partner; and Kristi Bartlett, Vice President for Business Development, the Greater Naples Chamber of Commerce. If you'd step forward and receive your recognition. (Applause.) DR. WEISS: Chairman Nance, Commissioners, thank you for this opportunity. Just to share a few thoughts. In terms of Business of the Month, we have 4,000 folks, we are the largest private company in this community and a budget just short of a half a billion dollars per year. Fortunately we are profitable and thriving. Our bond rating has just been improved. More importantly, our goal over this next decade is to help our local community with the grassroots movement to make us the healthiest community in the United States, where more people live to be 100, do well all their lives, fall off quickly. That is being elsewhere Page 19 May 12, 2015 around the country. Iowa is well on their way. Florida has aspirations to be as good as Iowa in terms of overall health that's measured by Gallop poles and Healthways, which is a very objective measure. We are in the very beginning stages of this. We hope to have 44,000 folks sign a personal pledge that they're going to do things healthier. When you get to that point it becomes a whole -- almost like a political movement that everybody can agree upon going forward. I think this Blue Zone's movement project has the same impact that the original building of Tamiami Trail, 1-75, Ritz-Carlton, FGCU, any of those events coming to this community. So we appreciate everyone's support. Downtown Naples will be the first launched, followed by the Bonita/Estero area, and then out into Ave Maria and Immokalee. It will be over a period of years. And thank you for your participation thus far. We have Dan Buettner in town which is really -- helps. He's thinking of featuring Southwest Florida as a lead community. We are the 26th community in the country to be involved in this right now. So there's objectives measures that -- Iowa's already decreased their healthcare costs. NCH's goal is to get out of healthcare and get into health. If we're successful we will view a hospital admission as a failure of healthcare, accept for coming to the hospital to have a baby. So thank you so much very much. (Applause.) CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you Dr. Weiss. You make an excellent point. And it is all about let's call it preventive maintenance, preventive healthcare. What's so much fun today, in addition to you receiving your recognition, we have a new fitness facility opening up tonight, Orange Theory, which is supposed to be quite an enterprise. So I'm looking forward to them contributing to the initiative. Page 20 May 12, 2015 And as you know, I'm fully committed to everything health from, you know, food to lifestyle to medical care, or let's say the avoidance of it. You scare me. I don't want to see you except for fun. So thank you for all you're doing. Your hospital and all your staff are outstanding and we're very grateful that you're such a significant contributor to our community in so many ways. Actually, one last thing. My dad died at 99, and he lived the blue zone life. I will say, he had two things that he said to me that contradict everything you just said. God favors those who die young, live fast and leave a beautiful body. CHAIRMAN NANCE: All right. On that note, Mr. Ochs, I believe that takes us to our 9:30 time certain, sir, does it not? Item #9A ORDINANCE 2015-29: A SINGLE, 2014 CYCLE 1 GROWTH MANAGEMENT PLAN AMENDMENT PETITION PL20140000113/CP-2014-2 SPECIFIC TO THE SAN MARINO PLANNED UNIT DEVELOPMENT. (ADOPTION HEARING) (COMPANION TO REZONE PETITION PUDA-PL20140000100, SAN MARINO PLANNED UNIT DEVELOPMENT) — MOTION TO APPROVE PETITION — ADOPTED Item #9B ORDINANCE 2015-30: AMENDING ORDINANCE NUMBER 2000-10, THE SAN MARINO PLANNED UNIT DEVELOPMENT, BY INCREASING THE MAXIMUM DWELLING UNITS FROM 352 TO 650; BY REMOVING THE GOLF COURSE USES; BY ESTABLISHING TWO DEVELOPMENT PARCELS AS PARCEL A AND PARCEL B; BY ADDING PERMITTED USES FOR Page 21 May 12, 2015 PARCEL B; BY ADDING DEVELOPMENT STANDARDS FOR PARCEL B; BY ADDING DEVIATIONS; BY REVISING THE MASTER PLAN; BY REVISING DEVELOPER COMMITMENTS FOR THE PUD LOCATED ON THE EAST SIDE OF CR 951 APPROXIMATELY 1 .5 MILES SOUTH OF DAVIS BOULEVARD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 235± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PETITION PUDA-PL20140000100) [COMPANION TO CP-2014- 2/PL20140000113] — ADOPTED MR. OCHS: It does indeed, Mr. Chairman. Item 9.A is a recommendation to deny the single 2014 Cycle 1 Growth Management Plan Amendment petition specific to the San Marino Planned Unit Development. Commissioners, this is an adoption hearing. CHAIRMAN NANCE: Yes, I would like to open the public hearing on the items related to the San Marino Planned Unit Development which we are going to take sequentially here this morning. I will now ask Commissioners for their ex parte disclosure on this item. Commissioner Taylor, then Commissioner Fiala. COMMISSIONER TAYLOR: Yes, I've certainly read the executive summary and the attachments in our packet; I've had conversations with staff; no meetings about this except on the staff level; no emails and no phone calls except again on the staff level. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. Yes, I've met with staff, spoken with staff a number of times, actually; met with Rich Yovanovich, Brian Stock, planners and engineers from the Stock Development Corporation; with Karen Homiak who is one of the Page 22 May 12, 2015 planning commissioners, and with East Naples Civic Association and discussed this with all of them; plus I received emails. CHAIRMAN NANCE: Yes, I've had discussions with staff and with petitioners' representatives. Commissioner Hiller? COMMISSIONER HILLER: So I've read the staff report; I've received emails and had some calls. I'm really interested in what Commissioner Fiala and Commissioner Taylor are going to have to say after we hear the evidence presented in light of the fact that this is a conversion of a golf course to -- CHAIRMAN NANCE: Let's continue before you -- COMMISSIONER HILLER: No, no, let me finish, please. One thing that's really important is in a quasi judicial hearing we all have to have the right to speak as much or as little as we want, because it's very different than a policy type of decision here. So as I was saying, I mean, I'm very, very interested to hear their perspective with respect to this developer as compared to the Lodge/Abbott hearing that we had that was essentially the exact same consideration. And by the way, we have another golf course conversion coming down the pike shortly, I understand; is that correct? MR. CASALANGUIDA: I don't know, ma'am, but I can check. COMMISSIONER HILLER: I thought there was another one that was -- MR. CASALANGUIDA: I can take a look. COMMISSIONER HILLER: Yeah, I believe there is one more that's coming up. So yeah. And I'm also very curious about Conservancy's position. Are they signed up as speakers? Who's speaking to this? Do we have any public speakers? Page 23 May 12, 2015 MS. ALBERS: No public speakers. COMMISSIONER HILLER: No public speakers, really? Oh, my goodness. CHAIRMAN NANCE: Let's go to Commissioner Henning, please, sir. COMMISSIONER HENNING: I spoke to Nicole Harris on this item. CHAIRMAN NANCE: All right, thank you. Would all those who are going to testify on this item please stand to be sworn in by the court reporter. (All speakers were duly sworn.) MR. KLATZKOW: Mr. Chair, for the record, are we hearing both 9.A and 9.B together at the same time? CHAIRMAN NANCE: At the pleasure of the Board. What would the Board like to do? Would you like to hear those concurrently? COMMISSIONER FIALA: Sure. COMMISSIONER TAYLOR: But if we don't have -- if there's not a vote to amend the Growth Management Plan, then there's no PUD; is that correct? MR. KLATZKOW: That's correct. You would vote first on the Growth Management Plan and then vote on the PUD. CHAIRMAN NANCE: Yes. COMMISSIONER TAYLOR: I'd be -- I would like to hear them separately, but that's my -- CHAIRMAN NANCE: We'll hear them one at a time, ma'am, but I'm sure they're going to kind of overlap in the discussion -- COMMISSIONER TAYLOR: Okay. All right, that's fine. CHAIRMAN NANCE: -- so we're certainly going to take two distinct separate votes. Mr. Yovanovich, are you going to present, sir? Page 24 May 12, 2015 MR. YOVANOVICH: I am, thank you. For the record, Rich Yovanovich on behalf of the petitioner. With me today we have several people. I have Brian Stock and Keith Gelder with Stock Development. They're the applicant. I have Joe Boff, who is the owner's representative. I have Alexis Crespo and Jeremy Arnold with Waldrop Engineering, they're both a professional planning firm and the engineering firm for this project. I have Shane Johnson with Passarella & Associates; he is the environmental consultant. And Jim Banks who's our transportation consultant. I want to go backwards and talk a little history before we move forward on this particular item. Many, many years ago Habitat for Humanity and Waterways Development acquired this property, understanding that there were two units left. On the visualizer is the property. The San Marino PUD currently consists of 352 units. It was originally zoned for a golf course and an apartment complex. The apartment complex has been constructed. There are two units left for that project. Many years ago we proposed a Comprehensive Plan Amendment to rezone this property and change the comprehensive plan designation to allow for affordable housing. That request was denied three votes in favor, two against. Unfortunately for Habitat for Humanity at Waterways Development, they had bought the property prior to the Comprehensive Plan designation being denied. That's the way the environment was at that time. You had to buy the property and take the risk that you can get your zoning in place to make that change. As we sit here today, I'm sure you've read the backup information, the current property owner is owned 30 percent by Habitat for Humanity. The hope is we'll get the GMP amendment approved and we'll rezone the property. The property will be sold to a developer like Page 25 May 12, 2015 Stock. The proceeds from the sale will then be utilized by the current owners to further the goal of affordable housing in other parts of Collier County. So there is a public purpose -- there are multiple public purposes behind this Comprehensive Plan Amendment. One, through this Comprehensive Plan Amendment we'll be required to purchase 298 TDRs to allow for the development of the single-family community that we're proposing through the San Marino PUD amendment. And the proceeds from the sale will make Habitat for Humanity whole and they'll be able to use those proceeds in other parts of Collier County to further their mission of providing affordable housing. We are at the adoption hearing for the Comprehensive Plan Amendment. The Board voted 4-1 to transmit the Comprehensive Plan Amendment to the State for review. The State came back with no objections to the proposed Comprehensive Plan Amendment. So today we're here for the adoption hearing as well as the PUD hearing for this particular piece of property. I can go into much greater detail on the GMP amendment if necessary, but I believe all of you were here when we went through the GMP amendment the first time. I think Ms. Taylor was on the Board at that time; I'm not 100 percent sure. COMMISSIONER TAYLOR: What date was it? MR. YOVANOVICH: I don't remember the exact date. COMMISSIONER TAYLOR: Was it in December? MR. YOVANOVICH: It was in December. COMMISSIONER TAYLOR: Yes. MR. YOVANOVICH: So this is the second go-round for everybody, so I don't want to bore you with rehashing all those details, but I certainly can. This PUD right now going through the process, we're in the urban residential fringe, as you can see. The base density is 1.5 units per Page 26 May 12, 2015 acre. However, you can go to 2.5 units per acre through the acquisition of TDRs. So since this PUD amendment applies to 196 units, the first 196 units of what we're asking for are 100 percent consistent with the Comprehensive Plan. It's the increase from 196 -- or 198 when you count the two units we already have, to the 300 that we're requesting for this 196 units per acre that is the subject of the Comprehensive Plan Amendment. And we went through this discussion before at the last go-around where we did the transmittal hearing. The community has asked us to build a nice upscale single-family community. In order for that to occur we need to make sure we have enough units to apportion the infrastructure costs that will occur through both the water and sewer and other infrastructure we'll place on the property, as well as be able to buy the TDRs that we're going to acquire. So your -- what we're proposing is a single-family community that has been, I believe, well received by the surrounding community, it's been well received by the Planning Commission, as evidenced by unanimous recommendation of approval of both the Comprehensive Plan Amendment as well as the PUD. Your staff supports 100 percent the PUD amendment. Your staff also supports part of the GMP amendment which would allow us to get TDRs from any sending lands within Collier County. What your staff doesn't support is the increase in density. And when I say your staff, it's your Comprehensive Planning staff, it's not overall staff. Because your remainder of your staff, transportation, utilities, et cetera, have all found that the infrastructure is there to serve this increase in density. Comprehensive Planning staff has taken the position that they don't think we should be allowed to increase the density. If you'll remember at both transmittal hearing (sic) there was a concern about increase in density and what the potential impact would be on 951 . So there is a concurrent PUD amendment to Lely Resort to Page 27 May 12, 2015 reduce the Lely Resort density by 204 units to offset the 102 units we were actually increasing through this project. When you look at the overall project density for San Marino, it would be 2.8 units per acre, which is consistent with the density that was approved for Hacienda Lakes, 2.8 units per acre. So we're not doing anything out of scale with what is already recently approved. And in fact we're consistent with other projects and we are furthering the TDR program, and we are also furthering Habitat's mission on other properties in this community. The PUD master plan I've put up on the visualizer. As you can see the shaded area is where the apartment complex currently exists. The non-shaded area is where the single-family community will be built, which would total the 300 units on 196 acres. That is a very low density when you think about what we're talking about doing on that property. I think the fact that there are no registered speakers tells you we've done our homework with the surrounding community and the environmental groups. We're not aware of any objections to what we're requesting through the PUD. And in fact we came in at a higher requested density and we have reduced it significantly as we went through the transmittal hearing process in response to people saying we want to make sure this is not a multi-family community, that it is in fact a single-family community. We have patterned this to make sure it becomes a successful project on par with what Stock Development would develop and has developed throughout Collier County. That's an overview of what we're proposing. I can answer any specific details you have with this, or if I can't answer it I'm sure someone on our team can answer any questions you may have regarding this. But again, it was unanimous recommendation by the Page 28 May 12, 2015 Planning Commission for both the GMP amendment as well as the proposed PUD amendment. And with that, that's my brief overview of what the project entails. CHAIRMAN NANCE: Thank you. Commissioner Fiala? COMMISSIONER FIALA: I'll just wait until all presentations. You can just leave me on there. CHAIRMAN NANCE: Okay. Then we'll go to Commissioner Henning, followed by Commissioner Hiller. COMMISSIONER HENNING: When Habitat and Stock petitioned the Board for the amendment, who's the descending (sic) votes? MR. YOVANOVICH: The dissenting vote on the Comp. Plan Amendment? COMMISSIONER HENNING: Yeah. MR. YOVANOVICH: I believe it was you, Mr. Henning. COMMISSIONER HENNING: You said there was three to two. MR. YOVANOVICH: Oh, the original. Okay. I'm sorry, I thought you were talking about the transmittal hearing. COMMISSIONER HENNING: Right. MR. YOVANOVICH: At the original that was not -- the original hearing was like I want to say '07 or '05, somewhere back then. The dissenting votes at that time I think were Commissioner Halas and Commissioner Fiala back in the '05, '06 time period. Those were the dissenting votes. I think I have that right. COMMISSIONER HENNING: Okay. Well, my concern is the increased density and removing the affordability, or any request for increased density above base density that doesn't have an affordability about it. Now, you stated that Habitat has a stake in this. Page 29 May 12, 2015 MR. YOVANOVICH: They do. COMMISSIONER HENNING: And once they sell it they're going to further their mission. Now, the increase in density is 102. MR. YOVANOVICH: Correct. COMMISSIONER HENNING: What can -- what can Habitat do with the monies that they receive? How much can they do? MR. YOVANOVICH: Well, without getting into the amount -- COMMISSIONER HENNING: I don't want you to -- MR. YOVANOVICH: -- potential amount of the purchase contract. It's going to be a lot of money that they will be able to use to build other homes. They have other properties already owned in Collier County that they can use these proceeds for to -- COMMISSIONER HENNING: I guess where I'm getting at is, you know, is there a net loss of 102 -- MR. YOVANOVICH: It's a far increase over 102. COMMISSIONER HENNING: A far increase. MR. YOVANOVICH: Over the 102. COMMISSIONER HENNING: Double? Guesstimate? MR. YOVANOVICH: I would say you're going to probably get at least two or three to one on your investment. COMMISSIONER HENNING: Okay. That's important. I mean, our community is great that we have such wonderful gated communities that provide high value to the taxing districts. However, there is an impact to those communities without having the workforce being able to do things for those communities. We all pay for that. And when our workforce has to live outside the community, that's an impact on family. So we -- in my opinion, we're here to do land planning. And proper land planning is to make sure that we have all the elements within our plan. Not just infrastructure, but land use. And without that I just don't feel comfortable that we're doing the right job. Page 30 May 12, 2015 So if-- the offset is Habitat's going to take this money and build in your opinion three times the amount? MR. YOVANOVICH: I think that's a conservatively safe number. COMMISSIONER HENNING: Of 102. So over 300 units they can build in the community. So it's a net gain -- well, triple net gain for the community. So I appreciate that information that I didn't have before. That's all I have. CHAIRMAN NANCE: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Yeah, we have a golf course conversion here at a density of just a little over two; is that correct? MR. YOVANOVICH: Well, I already get the 196 as a matter of right, so the 102 on the 196 acres, it's less than a one unit per acre increase. COMMISSIONER HILLER: And what is the overall density now for this project when you add what exists with the density bonus that's going to be added on top of it? MR. YOVANOVICH: The overall community density would be 2.8 units per acre. COMMISSIONER HILLER: 2.8 units. MR. YOVANOVICH: And 2.5 the Comp. Plan currently allows. COMMISSIONER HILLER: 2.5. So we're at 2.8 over 2.5 which is what the Comp. Plan allows. And how does that relate to the surrounding area? MR. YOVANOVICH: Well, as I had previously -- here's where I have to confess something. I'm going to put that on the visualizer. But I forgot to bring my reading glasses, so I can't read any of those numbers to you. COMMISSIONER HILLER: That's okay. Leo? Page 31 May 12, 2015 MR. YOVANOVICH: My speech was big enough and so was my PUD. I can't read any of those numbers unless someone lets me borrow a pair of glasses. COMMISSIONER FIALA: Would you like to borrow my glasses? These are reading glasses. MR. YOVANOVICH: We've been here before. COMMISSIONER FIALA: They might look girly, but, you know, who cares, if they work? CHAIRMAN NANCE: Thank you, Dr. Fiala. MR. YOVANOVICH: We've been here before. COMMISSIONER TAYLOR: Come on, Rich, smile for the cameras. MR. YOVANOVICH: I'm not proud. So -- how do I look? CHAIRMAN NANCE: Dashing, sir. COMMISSIONER FIALA: You can even make it a little bit bigger, huh? MR. YOVANOVICH: So everybody else can see it? COMMISSIONER TAYLOR: Yeah, so everybody else can see. COMMISSIONER FIALA: There you go. MR. OCHS: Is that better? Is that enough? MR. YOVANOVICH: Yeah. Hacienda Lakes, as I just mentioned, that is 2.8 units per acre, and it's right here. And that doesn't include any of the other uses that were allowed in that DRI, which includes a lot of hotel units, retail, et cetera. Rocks Edge is currently approved. Where do I lose that one? MR. OCHS: In the middle. COMMISSIONER FIALA: In the middle. MR. YOVANOVICH: Right there. Yeah, 5.23 I think is what that number says. Even with these I can't see them. MR. OCHS: Yeah, that's what it says. Page 32 May 12, 2015 MR. YOVANOVICH: 5.23, which is an approved affordable housing project which we'll be going through the process, actually come down to 2.5. But those are the two that were approved recently. Then you have Naples Reserve. That was also approved at the higher density because it's a mixed use TDR related project. Across the street is the urban area which you're allowed to build at four units per acre. I never understood why you can go four units per acre on the west side of Collier Boulevard and all of a sudden you're one and a half units per acre on the east side of Collier Boulevard. But we are where we are as far as density goes. so we're consistent with projects around us as far as the density goes. COMMISSIONER HILLER: Thank you. The other question I have is with respect to those, you know, potential affordable housing units that Habitat will build. What is the average cost of, you know, one of these affordable units, approximately? The cost of construction for one of these units, approximately. Just ballpark. MR. YOVANOVICH: Total, 125,000 all in. COMMISSIONER HILLER: Which I thought was the case. Hang on, I just want to calculate something. So that's -- that's very interesting. So I'm very perplexed that Conservancy isn't saying anything. And the reason I'm perplexed is because we had a hearing recently, you may remember, it was the Lodge/Abbott hearing on the Cocohatchee property and Conservancy stood up here and said, you know, preserving the golf course was very important and that, you know, we should not allow 60 homes on 175 acres, which was a density of approximately I believe 1 .6, significantly lower than yours by a lot. Page 33 May 12, 2015 And, you know, we had all these people that said, you know, we have to keep this property a golf course. And now we've got this petition which proposes a higher density and is compatible with the surrounding area. Now, I will say the other project was even more compatible because I think the density in the surrounding area on that project was like 3.5 to start up to I believe about 5.5 compared to the 1.6. Now, I don't see the difference between that project and this project. And so I have a -- you know, I personally would not be able to deny you for the same reasons that I approved the other project. I find the hypocrisy of Conservancy for their failure to take a similar stand on this project as they did the other remarkable. And I want to make that clear for the record. Similarly, you know, in the previous approval, you know, I had a commissioner, I believe it was Commissioner Fiala, who said she did not trust the developer, but for some reason she trusts this developer. Now, I don't know what the difference between these two developers are, I see them both as equal. And Commissioner -- what's her name at the end? COMMISSIONER FIALA: Taylor. COMMISSIONER HILLER: Taylor, that's it -- Taylor said that, you know, developers are special interests, and there was no public benefit. And so again, I don't see that as the case. The issue here is clear. You are applying a density that is consistent with the surrounding area. You are not creating a burden on the infrastructure. And we do have a problem in Collier County that out of 2,000 square miles we only have 323 developable square miles. Which means we have committed a great deal to conservation. And we have a program, Conservation Collier, where just recently we acquired land to put land -- you know, to conserve green space. And I'm a very strong advocate of green space, but I also don't Page 34 May 12, 2015 -- I mean, understanding that people need a place to live and given that we have already invested in this infrastructure, to add where we have capacity without burdening the system as opposed to building more infrastructure at more expense -- I mean, a higher density actually is positive towards conservation. It's not the opposite. It's actually a good thing, not a bad thing. So I would like to make a motion to approve the Comprehensive Plan Amendment in whole and I would also like to make a motion to approve the amendment to the PUD ordinance as is being proposed for the reasons that I've stated. It will be advantageous to the community; there is a benefit to the community to this conversion -- COMMISSIONER FIALA: Thank you, I'll second. COMMISSIONER HILLER: -- as was to the other. As there was to the other. Unfortunately the other did not pass to the detriment of my community with a risk of potentially 530 units coming on that parcel down the road to be consistent with the Comp. Plan. But that's a discussion for another day. So I'm making a motion to approve both 9.A and 9.B. COMMISSIONER FIALA: And I'll second the motion. CHAIRMAN NANCE: Okay, I'm going to make a couple of comments, then I'm going to go to Commissioner Fiala. Do you have additional comments, ma'am, or are you -- COMMISSIONER FIALA: Yes, I do, but that's all right. Go ahead. CHAIRMAN NANCE: Commissioner Hiller, I agree with you. I think that it's very important that we consider Growth Management Plan amendments that do make sense. And, you know, the Board of County Commission is supposed to set policy. And a lot of times, you know, you have to step back. And I appreciate what Mr. Yovanovich has supplied us with in this map right here, because it shows you what the neighboring development style is. I agree with your remarks on the Page 35 May 12, 2015 earlier issue and, you know, and I supported that plan as well because I thought it was a thoughtful plan amendment and that it made sense. I do on both of these and I agree and I support both of them. Regarding the golf course conversion, of course, you know, golf courses as they lose favor and they become less popular are likely to be redeveloped and, you know, that was my concern on the other item, as I stated at the time. But, you know, in this part of Collier County, which is the urban fringe that adjoins the rural fringe, golf courses really are not green space. And to re-purpose those, I have no issue on. So I will support both of these and I'm going to go to Commissioner Fiala, then Commissioner Taylor. COMMISSIONER FIALA: Thank you very much. Commissioner Hiller, I appreciate your motion. And I'm going to just quickly state again why I did not vote for the Cocohatchee, and that is we were made a promise. And Commissioner Hiller -- and I hate to bring these things up, but anyway, I will -- she said something about I didn't trust them and I didn't, because they had broken other promises in the same manner, and I was just afraid that's where they were going again, and I was afraid to trust it. They had made a promise; that's the reason I voted for it in the first place. And then they were taking back that promise and going the other way. So that's what happened there. But that's for another time. I wanted to tell you that I feel that this project is compatible with the surrounding areas, just as Commissioner Hiller pointed out. I think you did too. It's compatible and that's what you're trying to look for is compatibility for the neighbors as well. And I wanted to say also, at first I was concerned about the density, except that when I realized they were taking their density on the same road and just moving it from one place to another, I didn't have a problem with it anymore. I spoke to staff about this at length, I Page 36 May 12, 2015 spoke to a planning commission about it, as I mentioned in my ex parte, and it seemed that everything about this project was a good thing for this area. So that's why I voted for it. CHAIRMAN NANCE: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: Yeah, point of order, Chairman. This is a public hearing. My understanding, at least my training for 10 years on the City Council, when there's a public hearing you hear from the petitioner, then you hear from the staff and then you move into discussion. And I think we've circumvented the staffs presentation and I would like to hear that. CHAIRMAN NANCE: Okay. Before we do that, let's go to Commissioner Hiller and then we will proceed to staff comments. COMMISSIONER HILLER: Thank you. The issue of these golf courses is very concerning to me, because the EPA has declared golf courses the second worst source of groundwater contamination next to cemeteries. So -- and it was very interesting. What my understanding was with respect to the cemeteries is the bodies are treated with formaldehyde and the formaldehyde leeches through the concrete into the groundwater and contaminates the groundwater. And that's horrible. And, you know, any type of groundwater contamination threat needs to be considered. Because while we have limited land, we also have limited groundwater. And we need to preserve and protect that. So further, to the previous golf course conversion and this one, I am really concerned about those issues. And so I further, you know, support that. This conversion makes sense in light of that. To your point about, you know, promises. If agreements were entered into in the past that are not in the community's best interest, which clearly was not the case when that deal was done, considering that the easements could be removed by three votes, considering the Page 37 May 12, 2015 fact that you've got a use which contributes to groundwater contamination and doesn't benefit the community, I think it's important to consider what we can do to best protect the communities. And especially in light of the fact that in the other instance the potential to put 530 units over 60 units and borrowing the difference, 400 and some units, from ever being able to be developed on that site and giving the easements to the community, control of the -- I'm sorry, control of the changes to the PUD to the community rather than keeping it vested in the board and limiting it to three votes, was a real disservice to that community. So Commissioner Fiala, notwithstanding that you did not support what was truly protective of my community and what 16 out of 17 HOA communities wanted, I will still support this because I believe in being absolutely fair and doing what is in the best interest of our county. So I would -- once we hear from staff, I'd like to call the question, because I would like to see this passed. CHAIRMAN NANCE: Yes, would staff like to make a brief presentation? Mr. Weeks? MR. WEEKS: Good morning, Commissioners. David Weeks of the Comprehensive Planning staff. As Mr. Yovanovich has already pointed out, there's only one issue, if you will, that staff has with this petition, we are supportive of the other aspects of the Comprehensive Plan Amendment, and that is for the density increase. I do not dispute the densities that Mr. Yovanovich displayed on the map and read to you. However, I would tell you that in the transmittal staff report to the planning commission, staff identified the densities of projects along the County Road 951 corridor only. And with the exception of the two projects that Mr. Yovanovich mentioned, one being Rock Edge, which was approved with an affordable housing density bonus, which at the time was Page 38 May 12, 2015 something that the county was strongly in support of, that is, identifying a need for more affordable housing and so approved the exception to allow that density there, that required a Comprehensive Plan Amendment to achieve that density for that project. And then the Hacienda Lakes much more recent in time, and in that case that also exceeded the two and a half units per acre maximum allowed in this corridor, and that was -- and supported by staff for a couple of reasons, one of which the amount of preservation of that projection exceeded that which was required. They also provided Benfield Road corridor right-of-way. The other projects along the Collier Boulevard corridor itself, including on the west side of 41 where the allowable density is four units per acre, or possibly higher through density bonuses, are all approved at less than two units per acre. The purpose for the limitation on density on the east side of Collier Boulevard at one and a half units per acre or two and a half units per acre for the use of TDR credits is to provide a transition so that we don't go from a potentially stark contrast of a four unit per acre or higher density on the east side of 951 beyond the one mile to the what is now sending lands that are limited to one unit per 40 acres. At the time when the plan was adopted in 1989 the transition would have been from the one and a half units per acre in the urban residential fringe to one unit per five acres. That's what was allowed at the time. But with the rural fringe amendments of 2002, most of the lands beyond one mile east of 951 are designated as sending lands, so now again have a density of one unit per 40 acres, a much much lower density than was previously allowed. So the reason is to provide a transition from the higher densities allowed on the west side of 951 to the much lower densities beyond one mile to the east. Commissioners, as always, it's a Comprehensive Plan Page 39 May 12, 2015 Amendment. It is a policy decision for this Board as to whether or not you believe that the amendment is appropriate. Staff does not support that part of the amendment. CHAIRMAN NANCE: Commissioner Hiller. COMMISSIONER HILLER: Thank you very much I appreciate that. You make a very good point. And thank you for highlighting that. Comprehensive Plan amendments are policy decisions; they are legislative decisions, not land use decisions. And to that end I'm not sure I understand why we're requiring a supermajority vote on a Comprehensive Plan Amendment versus land use, which clearly, based on our special act, has to be four votes. Like a zoning decision, you know, like the PUD ordinance, which clearly should be a supermaj ority. Now, I understand that there is a resolution which created that supermajority requirement, but I don't believe that the statute regarding the Comprehensive Plan provides for that. And I believe that -- is there a preemption with respect to the Comprehensive Plan statute? Or do we have the ability -- I mean, do we have -- because I don't believe that that statute requires a supermajority, as compared to our special act which requires a supermajority. MR. KLATZKOW: The statute requires majority vote. COMMISSIONER HILLER: Yeah, I don't believe that we can amend it. I don't believe we can go contrary by way of resolution to require a supermajority on the comprehensive plan amendments. I don't believe that's legal. MR. WEEKS: I'd have to defer to the County Attorney's Office, but I will submit, Commissioners, that the requirement, local requirement by resolution -- COMMISSIONER HILLER: I understand. We just said that. And that's not the issue. We cannot create law where we are not Page 40 May 12, 2015 granted the ability to do so. And the state statute for comprehensive plans is a simple majority. Now, we have a special statute, a special act for zoning decisions, and those require a supermajority vote by statute. But the Comprehensive Plan Statute requires a simple majority. And I do not believe that the supermajority -- I understand we have a resolution, but it's not legal, based on the fact that we have a statute that says simple majority. CHAIRMAN NANCE: Mr. Klatzkow, would you give us some guidance, sir, from your perspective? MR. KLATZKOW: You have two issues: The first issue is that you have a special act that was enacted before the Constitution was amended to allow a home rule power. That special act in essence requires four votes for any zoning map change. COMMISSIONER HILLER: Correct. MR. KLATZKOW: This would require four votes because you're increasing density here. COMMISSIONER HILLER: On the zoning. MR. KLATZKOW: Yes, this is in essence a zoning action we're taking here. COMMISSIONER HILLER: No, no, that's 9.B. CHAIRMAN NANCE: That's 9.B, sir, correct? MR. KLATZKOW: No, it's 9.A too. COMMISSIONER HILLER: How is -- MR. KLATZKOW: You are increasing the number of units you can have, which then allows 9.B. COMMISSIONER HILLER: No, no, no, hang on a second. Can I ask for clarification on that? MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: We are not increasing the density in the Comprehensive Plan. We are increasing the right for a Page 41 May 12, 2015 developer to ask for increased density, which is 9.B. There is a difference. The Comprehensive Plan is a planning document. It does not grant increased density. We constantly amend the Comprehensive Plan for increased density or decreased density and intensity. But that's very different than 9.B where you're absolutely correct, 9.B 100 percent goes to the granting by this Board of density in this particular case. Or just generally the zoning actions under the special act grant density and intensity, and therefore require a supermajority vote. But 9.A is the focus here, and 9.A does not grant density. It is a planning decision. Our staff very appropriately described it -- Mr. Weeks -- MR. WEEKS: Yes, ma'am. COMMISSIONER HILLER: -- very appropriately described it as a legislative act, as a policy decision. We are not granting anything. We are not awarding anything. We are simply changing the planning document. And I understand why the State made it a simple majority. They made it a simple majority because it is merely a planning document, and planning documents have to be fluid, and they have to be adaptive. Whereas the zoning, which is our separate special act, should be more restrictive. That is where we actually grant density or intensity and requires a supermajority vote. MR. KLATZKOW: Your position I understand. I disagree with, as have your prior commissioners for decades and prior attorneys for decades. It has been fought forever on this issue. That is our custom, that's how we've done business. CHAIRMAN NANCE: Let's bring this to a conclusion. Mr. Klatzkow, please give us your opinion on how many votes in the affirmative we require on 9.A and then how many votes in the affirmative we require on 9.B. Page 42 May 12, 2015 MR. KLATZKOW: You require four votes on each. CHAIRMAN NANCE: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: Okay, so I'm a little confused. We're going to get back to the business at hand which is right before us which is the amendment to the Growth Management Plan. Mr. Weeks, according to our material here, you have a density of 3.02 dwelling units per acre. And I believe Mr. Yovanovich testified to 2.98, is that correct, dwelling units per acre? MR. WEEKS: I think he may have referred to 298 dwelling units. COMMISSIONER TAYLOR: Okay, then that's my mistake. So you're in agreement that the -- that was my mistake, I apologize. So you would agree that the density is 3.02 dwelling units per acre? MR. WEEKS: I would. COMMISSIONER TAYLOR: Mr. Yovanovich? MS. ASHTON-CICKO: For the record, Heidi Ashton-Cicko, Assistant County Attorney. There is a typo in the ordinance that got corrected at the Planning Commission level. So it is 2.76 units per acre. COMMISSIONER TAYLOR: Not 3.02? MS. ASHTON-CICKO: Correct. COMMISSIONER TAYLOR: Okay. That's huge. MR. YOVANOVICH: Yeah, a total of 2.8. COMMISSIONER TAYLOR: So it's 2.76. Okay, thank you. So Mr. Weeks, the difference between what would be approved without a denial by staff and what is before us, it looks like it's .26 (sic) dwelling units per acre; is that correct? MR. WEEKS: Commissioner, I -- okay. Okay. We need to make Page 43 May 12, 2015 the distinction in whether or not we're talking about plan amendments or the total PUD. The total PUD, 9.B, would result with these approvals of a density of 2.76 dwelling units per acre. For the parcel that is subject to the Comprehensive Plan Amendment, which is only a portion of the PUD, the density would be 3.02 units per acre. The plan amendment is -- would allow for 3.02 units per acre. Again, it's a smaller piece of property. COMMISSIONER TAYLOR: And my concern is, and I can respect Habitat for Humanity benefiting from this and applaud that. My concern is the fact that arbitrary or not, agree or not, disagree, we have zoning areas that frankly make a lot of sense to look at as Collier County as a whole. And the issue of increasing density in an area that is not allowed by our Comprehensive Plan is of concern to me. So I'd like -- Mr. Weeks, you crafted, staff crafted a solution to this, I thought. MR. WEEKS: Our solution -- our recommendation is to approve that portion of the plan amendment except for the density increase. What that means is that the applicant would be allowed to develop 196 -- excuse me, they could achieve 196 units total on the Comprehensive Plan Amendment portion of the project by use of TDR credits that would -- therefore, the result of their plan amendment would simply allow them to obtain those TDR credits from beyond one mile, which is currently a restriction. And with the two leftover units from the already approved PUD, that would give them a total of 198 units. I believe that's the correct math. COMMISSIONER TAYLOR: As versus 200 and -- MR. WEEKS: Versus 300 dwelling units. CHAIRMAN NANCE: I would just like to say that the development of the urban fringe and the Transfer of Development Rights Program has been problematic. And it's been very difficult for Page 44 May 12, 2015 developers to make the numbers work. I believe that some of the suggestions and discussions that we've had are going to take us to a very, very good place when we review what takes place in the Rural Fringe Mixed Use District restudy. I think it's all taken into account and it's been a good and healthy discussion for our community. I see no great problem with what we have here before. Is there any further discussion? (No response.) CHAIRMAN NANCE: There is a motion and a second to approve Item 9.A. COMMISSIONER HILLER: And a request to call the question. CHAIRMAN NANCE: All those in favor of the recommendation to -- the motion to approve Item 9.A, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER TAYLOR: Opposed. CHAIRMAN NANCE: It passes 4-1 . There is a motion and a second to approve Item 9.B which is the rezone requiring four votes in the affirmative. Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) Page 45 May 12, 2015 COMMISSIONER TAYLOR: Opposed. CHAIRMAN NANCE: It passes 4-1 with Commissioner Taylor in dissent. MR. YOVANOVICH: Thank you. And thank you. COMMISSIONER FIALA: You're welcome. MR. OCHS: Mr. Chairman? COMMISSIONER HENNING: Where's the brownies? MR. OCHS: Mr. Chairman, this might be an appropriate time for your morning court reporter break. CHAIRMAN NANCE: I think it's an excellent idea, Commissioner Henning and Mr. Ochs. We will return at 10:33. We are in recess. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN NANCE: All right, sir. Item #9E ORDINANCE 2015-31 : AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 THE ESTATES (E) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS THE AVALON OF NAPLES RPUD TO ALLOW A MAXIMUM OF 160 MULTI-FAMILY RESIDENTIAL DWELLING UNITS, OR 82 SINGLE-FAMILY RESIDENTIAL Page 46 May 12, 2015 DWELLING UNITS. THE SUBJECT PROPERTY, CONSISTING OF 22.83+ ACRES, IS LOCATED ON THE SOUTHEAST QUADRANT OF THE INTERSECTION OF DAVIS BOULEVARD (SR 84) AND COUNTY BARN ROAD IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20140001179] — ADOPTED MR. OCHS: Commissioners, the next item is Item 9.E on your agenda. It's a rezone request for a project known as Avalon of Naples RPUD. And this item does require ex parte disclosure and swearing in of participants. CHAIRMAN NANCE: All right. We will open the hearing on the item which is 9.E, previously 17.A for ex parte disclosure. I will begin to allow the commissioners to find their notes. I have read the staff report and spoken briefly to petitioner for the agents of the petitioner. Nothing additional. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you very much. I've spoken with staff and I've had meetings and emails and calls. And some of those meetings were with East Naples Civic Association. And also, way back when this was a different project, same land, being sold by the original guy, there was a great uprising in the community, especially from the Glen Eagle community, and they were totally against the original plan for this area. Since then they've all met and they've said now they're in agreement that this is a good project and they would like to see it move forward. Also, let's see, I've had a meeting with the resident Evan Steingart. And I don't know what the NIM means. CHAIRMAN NANCE: Neighborhood information meeting. COMMISSIONER FIALA: Oh, I went to the neighborhood Page 47 May 12, 2015 information meeting. Thank you. Isn't that something. Donna, Donna, Donna. And I've spoken with Bruce Anderson a few times. Thank you. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: I spoke with Mr. Anderson briefly at the beginning of this meeting. And other than that I've had no contact, no communication. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I have reviewed the staff report and I've spoken to staff and I spoke to the petitioner's attorney. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: I spoke to staff and Mr. Anderson. CHAIRMAN NANCE: Thank you very much. Would all who wish to testify on this hearing, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN NANCE: Thank you. Mr. Anderson, are you to present, sir? MR. ANDERSON: Yes, sir, Mr. Chairman. Good morning. CHAIRMAN NANCE: Good morning. MR. ANDERSON: My name is Bruce Anderson from the law firm of Cheffy Passidomo. And here with me today I have my client, Mr. Craig Perry of Collier Davis, LLC, the applicant. We also have with us Mr. Michael Greenberg, the Regional President of Neal Communities, which is a contract purchaser of this property. Also here, the other members of the project team, are Patrick Vanasse, Planning Director of RWA Engineering, Project Engineer Michael Pappas from RWA Engineering, and Transportation Consultant is Ted Treesh of TR Transportation Consultants. This property is at the southeast corner of Davis Boulevard and Page 48 May 12, 2015 County Barn Road. It's just under 23 acres. The request is for either 82 single-family or 160 multi-family dwelling units. This is an all residential project. No commercial, no affordable housing. This will be a gated community. The density comes to seven dwelling units per acre calculated as follows: Four units per acre for base density, and an additional three units per acre density bonus for being within an activity center residential density band. This project qualifies for but has not requested another density bonus of one unit per acre because it has access to two major roads, Davis Boulevard and County Barn Road. The project is as laid out in the PUD master plan that's on the overhead projector and it's centered around a large lake with homes around the perimeter. As I mentioned earlier, access will be in and out on Davis Boulevard and out only on County Barn Road. The zoning building heights are limited to two stories not to exceed 35 feet. The property is under contract to Neal Communities, a decades old highly respected home builder from the Sarasota/Bradenton area. They are currently building the new community known as The Canopy that is just off Immokalee Road, east of Collier Boulevard. We are in agreement with the Planning Commission and staff approval conditions, and those have been incorporated into the PUD document. I or other members of the project team will be happy to try to answer your questions. Thank you very much. CHAIRMAN NANCE: Commissioner Henning, you requested this to be moved to the regular agenda. Would you like to begin, sir? COMMISSIONER HENNING: Yeah, thank you. Well, again, I'll state that I believe an increase in density in county should have at least a provision for some affordability for our Page 49 May 12, 2015 professionals such as teachers, firefighters, police officers, so on and so forth. I don't think -- in my opinion I haven't heard anybody objecting to having those -- our professionals living near them. But anyways, let me provide you some statements out of our Growth Management Plan. The first one: Consistent with the following characters (sic) may add base density. Density bonus is discretionary and is not an entitlement and it depend (sic) upon meeting the criteria of the bonus provisions within the compatibility of the surrounding properties as well as the zoning criteria within the Land Development Code. Now, they are -- as Mr. Anderson said, you know, within one mile of the activity center they can ask for a density increase. And I don't have a problem with the density increase. But we do have an element within our Growth Management Plan that provides a housing bonus for the affordability. In fact, let me just read from our Land Development Code: Within the most of coastal urban designation area defined in the Future Land Use Map, which this is in, a base density of four units, residential units, per gross area is permitted. However, a base density may be subject to depending on characteristics of development. One characteristic of development which would be allowed is an additional bonus density under the development -- the provisions. Affordable housing may add up to eight units per gross area. And that's my stance. If we can get provisions or affordable housing agreement which I think Kim -- Kim is not here -- said that anything above base density of four units, in this case three units, 40 percent shall be affordable housing. It's not like we're asking that anything -- that three units be affordable housing, it's 40 percent of it. And that is the only thing I'm asking on this project. CHAIRMAN NANCE: Who's first? COMMISSIONER FIALA: I am. Page 50 May 12, 2015 COMMISSIONER TAYLOR: You were. COMMISSIONER FIALA: But if-- COMMISSIONER TAYLOR: No, no, you were. CHAIRMAN NANCE: Commissioner Fiala, then Commissioner Taylor. COMMISSIONER FIALA: Very good. Just to clarify, Commissioner Henning, we have a lot of activity centers around, some of them activity centers like Pine Ridge and Airport and things like that, and new activity centers that will be coming up in the Eastern Lands that are activity meaning shopping centers. Is that something that you plan to require from all of these areas in the future? COMMISSIONER HENNING: Yes, it is. COMMISSIONER FIALA: I see. Now, and, you know, I'm with you as far as we definitely need housing for young professionals who are just getting out of college. We're trying to get them back here, absolutely. And also we most certainly need to have housing for young skilled workers who come into town and so forth. That's important. And somehow affordable housing -- I think we ought to be depicting what we're talking about. And I think that's what you're talking about. But in this case this is a project -- I don't think it will -- as much as I want to see it like Vincentian, that's exactly what we were trying to add there was that element. But in this case, this was an altogether different thing. They had those just by right. And it isn't that they're supposed to be affordable housing. And as you probably well know, all of you must know this, we already have 4,000 affordable housing units already permitted and on the books. Never built, because we haven't needed them, but they're sitting there waiting. So I don't know that we have this urgency for affordable housing as it seems is coming from our Affordable Housing Page 51 May 12, 2015 Department. I think that they should encourage some of those that are already approved to start building them. COMMISSIONER HENNING: Well, you should ask our teachers and firefighters and police officers that are trying to find housing. COMMISSIONER FIALA: Well, that's what we're trying to do is try and upgrade that to housing that they would want to live in. And I can assure you, they don't want to live in tiny little cracker boxes either. They would like to live in a place where they can then marry, have children and go on from there. And -- but I think in this particular case, sir, being that they get their density bonuses from what has been allowed all of these years and up until now has not been changed, I think if you want to change it maybe we ought to do something about putting something on the agenda, if that's what you want to do, to change all of these activity centers to require housing for young professionals or something. I don't think we should be doing -- COMMISSIONER HILLER: Gap housing. COMMISSIONER FIALA: Yeah, gap housing, exactly right. Gap housing. I don't think we can be doing this on the fly, though. COMMISSIONER HENNING: It's not on the fly, Commissioner, with all due respect. According to our Growth Management Plan, it's not an entitlement, okay. It's -- so this is nothing new. And within our Growth Management Plan there is the -- in the housing element that calls out for affordable housing. So does our Land Development Code. So this is nothing new that needs to come on the agenda. The only thing I'm saying is hey, let's -- Habitat's doing a great job providing for the very low income residents and workers in the community; however, there is no housing for our professionals. COMMISSIONER FIALA: I agree with you there. Page 52 May 12, 2015 COMMISSIONER HENNING: Okay. Well, it's nothing I need to put on the agenda. CHAIRMAN NANCE: Commissioner Taylor, then Commissioner Hiller. COMMISSIONER TAYLOR: Commissioner Henning, and I'm extremely empathetic to your position and I want to support it. I'm in a conundrum because this is -- ifs not a new position, but you're forwarding a position, and very strongly and I think very rightly about gap housing. What -- I guess my question to you would be, and this is an open end question. Tell me why this isn't unfair to the developer who has relied on a philosophical position of this Commission which you are now offering another one. And certainly I think we're going to have an affordable housing -- hopefully an agenda item. And I would love to see this as part of it so that we can vote on it. But we haven't voted on it as, you know, as a body. But it's need. And I applaud you for doing this. I just need to under-- I need to be convinced that this is the right thing to do. COMMISSIONER HENNING: Convince me that it's not fair. As I stated, we have great communities in this -- in Collier County that affords jobs for people that need to be housed. Whether it be the Habitat model or professionals. They have a demand on the system just like a demand on the roads, our water and sewer, our schools, so on and so forth. I don't know anything more to say. I mean, that is my stance. I cannot support the project. And again, our Growth Management Plan provides for it. So does our Land Development Code. I'm going to pull these off the agenda one at a time and support -- not support it unless we have something for our professionals. COMMISSIONER TAYLOR: And so inclusionary zoning is what we're talking. Page 53 May 12, 2015 COMMISSIONER HENNING: This is not inclusionary zoning. We have a base density in Collier County of four units per acre. Anything above that is not an entitlement. So why would you give somebody over the base density unless there's a public benefit? And the public benefit is in my opinion to provide some type of affordability for our professionals. COMMISSIONER TAYLOR: Okay, I -- COMMISSIONER HENNING: I mean, it's -- if you look at the piece that I gave you, the first one that's highlighted, it says it's discretionary. COMMISSIONER TAYLOR: Yeah, it's discretionary. COMMISSIONER HENNING: It's not an entitlement. So in my opinion I'm going to look at, well, how's the community going to benefit from it? And that's one way I think it can be done. It's going to be a problem in the future long after I'm gone. COMMISSIONER TAYLOR: Yes, sir. COMMISSIONER HENNING: All right? So you can deal with it now or you can deal with it -- or they'll deal with it. COMMISSIONER TAYLOR: Thank you. CHAIRMAN NANCE: I'm going to make one -- I'm going to make one comment, and Mr. Bosi, do you have something to add right at the moment? MR. BOSI: I was -- Mike Bosi, Director of Planning and Zoning. I was going to describe how the density rating system works within the Growth Management Plan, and Commissioner Henning has correctly identified some aspects. Some of the other aspects I think need to be expanded upon for the full understanding of how the process works. Within the density rating system it's a component of our Future Land Use Element. It's how a project determines its eligibility for the density that could be sought at the zoning stage. Page 54 May 12, 2015 And within the urban designated area a density of four dwelling units per acre may be allowed, but even that base density is recognized as not an entitlement. So you have a base of four that you're eligible to ask for. And then there's a series of density bonuses that you could raise that base eligibility above that four. One of it is a conversion of commercial zoning to residential. It happened at the Wiggins Pass Marina where they could have sought 16 units per acre when they converted to residential. A second is your proximity to the activity center. This is the provision that this petition is seeking. This petition is saying we are within that one mile of the activity center at Davis Boulevard and Santa Barbara. Because we're within there, we are eligible to ask for seven units per acre by the density rating system. And a third is workforce housing. Workforce housing, if you enter into an affordable housing agreement, you can gain bonus density by allowing for a percentage of your units to be allocated specifically for affordable housing. COMMISSIONER HILLER: And that could be -- MR. BOSI: So all -- COMMISSIONER HILLER: Let me, just to that point. That's on top of, for example, B. MR. BOSI: Yes, that's an additional. COMMISSIONER HILLER: That's on top. And how much units in addition could they have asked for? MR. BOSI: That could grant you eight additional units. COMMISSIONER HILLER: Oh, so they could do eight on top of what they're actually getting? MR. BOSI: And as Mr. Anderson pointed out, another density bonus is the location of access to two arterial roads, which County Barn and Davis Boulevard would qualify for them. They're not seeking that under that -- Page 55 May 12, 2015 COMMISSIONER HILLER: How many units could they get for that? MR. BOSI: One additional unit. COMMISSIONER HILLER: One additional. MR. BOSI: And let me come back to one thing, and I think it's important to understand, the concept of the density band. And originally, and Mr. Weeks has indicated, when we originally set up the activity centers we had a mandate that residential was also going to be a percentage. That mandate never made it through the entitlement process, the legislative process. That was removed. But they did create these density bands. And the density bands allows for, as I said, an additional three units per acre. And the theory behind that is it relates to individuals and where you work and where you live. And increasing the density around your intense commercial activities allow for the higher density projects. And the concept is with a higher density project in a same amount of land, the unit prices that would be associated with the higher density project would not be as high as a single-family home. Therefore, those density bands anticipate that the market will dictate affordability within the price range of the unit. And that's the concept. And that's the -- it's the logic behind how the Future Land Use Map arranges those density allocations. So those density bands were created for the market to respond to a different type of a housing product he anticipated. Now, we haven't always seen it from the marketplace, but that's the concept, the theory behind what -- those density bands, and that's what they're seeking for their eligibility. And it is strictly, as Commissioner Henning points out, it is only an eligibility and not an entitlement. I just wanted to -- there are a number of different density bonuses that could increase your eligibility above your base floor. CHAIRMAN NANCE: Commissioner Hiller, then back to Page 56 May 12, 2015 Commissioner Henning. COMMISSIONER HILLER: And you just made the point, that very clearly they have the eligibility to qualify under the activity center density bonus criteria. And it makes sense. And you are in fact, as you properly describe, promoting affordability because again by putting more on a parcel you're reducing the cost of land. And the biggest problem we have in creating affordable housing in Collier County is the high price of the underlying land, coupled with the impact fees where the project burdens existing infrastructure. So if you can put a larger number of units, then you reduce both of those overall costs and make the units far more affordable than they otherwise would be. So it does make sense if the objective is to keep the prices lower in Collier County and more affordable to our essential service providers. Which is, you know, obviously something that we're concerned about. To Commissioner Fiala's point, she said something very interesting, that we have 4,000 affordable housing units already awarded in Collier County that have not yet been built. And we just most recently had a study done by our housing staff that said there is no single-family affordable housing shortage. And that was done just about a month ago. So we consistently monitor. And I really applaud Commissioner Henning, because his goal to make sure our essential service providers like teachers and EMS rescue workers, firemen and nurses and other workers who provide those essential services have the option to buy a quality home or live in a multi-fam-- you know, quality multi-family complex is absolutely important. But based on what we have been told by our staff, based on what Commissioner Hiller -- sorry, speaking to myself Based on what Commissioner Fiala has pointed out in terms of what's already been Page 57 May 12, 2015 permitted or awarded, I should say, not yet permitted, but awarded, I do feel that we are -- we are being considerate and concerned appropriately about this issue. Given that we do have the discretion, given that they do qualify for the activity center density bonus, given that they also qualify for the bonus related to being close to those major -- two major interchanges, I think it does make sense to approve this, and so I'll make the motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN NANCE: I would like to make a couple comments before I go back to you, Commissioner Henning. I do support your effort and your focus on workforce housing, and I will thank you personally for bringing that forward. As a matter of fact, going forward in our planning processes, which we have four areas, I think we should require that that is taking place in our new developments. That having been said, though, I think there is a compelling reason to support this particular project, which is really already in the building out urban coastal zone, strictly because it is proximate to these activity centers. And I believe -- Mr. Anderson, are you in a position to commit to 160 multi-family units rather than 82 single-family? MR. ANDERSON: Yes. Yes, sir. CHAIRMAN NANCE: You know, I believe there is a compelling reason, because I believe that this is going to be an example of really a mixed use community. And it's what we're striving for. So I don't know if that helps Commissioner Henning, but I'm going to go back to him for his comments. COMMISSIONER HENNING: Yeah, it's a theory that the higher density will be affordable. It's not a given. It could be -- I mean, take a look at Mercado, they're selling for over a million dollars. Page 58 May 12, 2015 COMMISSIONER HILLER: That's not high density though. COMMISSIONER HENNING: Look at -- COMMISSIONER HILLER: That's mixed use, but not high density. COMMISSIONER HENNING: There's a lot of projects. Look at the high rises on the beach. Of course it's location, location, location, I understand that. But it depends on what the elements are. But I understand it's a theory. You know, I'm not going to take my marbles and go home if I don't win this one, you know. I can move on to the next item. CHAIRMAN NANCE: Fine. COMMISSIONER HENNING: Okay? However, I do want a clarification on a statement. Mr. Bosi, provide me the policy number to where four units base density is not an entitlement. MR. BOSI: Mike Bosi, Director of Comprehensive Planning/Zoning. Within the density rating system of the Future Land Use Element, it would be page, I guess it's 47 of our GMP online. Underneath the density rating system, which is the first paragraph, there will be -- the first number is the density rating system is applied in the following manner. And A, specifically, in the first paragraph says within applicable urban designated areas, the base density of four residential dwelling units per gross acre may be allowed, though not an entitlement. That's the opening sentence. And so it gives the Board of County Commissioners the discretion within any zoning action to say what they feel is appropriate. Even when they are seeking a density that would be at four units per acre if you felt they were conditioned based upon the surrounding land uses, it does give the Board that ability to make those decisions. So all zoning, all level of density is at the discretion of the Board Page 59 May 12, 2015 based upon the criteria that's established in the Land Development Code. COMMISSIONER HENNING: Okay, thank you. CHAIRMAN NANCE: My only concern on this is if we deny the project that's being brought forth by the commissioner and force him to develop at a lower density, that the unintended consequence of our actions is going to be that it produces a smaller number of units that are actually at a much higher price and is actually going to take away from the opportunity to capture the benefit of being proximate to the use center. So that -- COMMISSIONER HENNING: The Neal Community is a high end builder, okay. But, you know, I understand the theory. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: And my -- I would love to have this issue that you have brought forward, Commissioner Henning, as an agenda item or when we bring our affordable housing, which I hope we've talked about this month, which means it's the next meeting, Mr. Ochs. He's scratching his eyes and thinking oh, my gosh. But my concern, and I will support this item, and I will support it with the multi-family, if that's the way we're going. And the reason is I believe philosophically this Commission has operated in different ways, or communicated different ways, and now I think there is a sea change, and I think that the development community needs to know that. I think there is an awareness that no longer can we put off until tomorrow creating housing for the people that support this community. And I guess Mr. -- Commissioner Henning might say I'm putting it off 'til tomorrow. I don't mean to, but I think for me this is a question of fairness at this point, so I will support this. CHAIRMAN NANCE: And I will make a comment before I go to Commissioner Fiala and that in my district and in the planning Page 60 May 12, 2015 reviews that I have, I welcome Commissioner Henning's initiative, and I hope -- and I will support his efforts to move that forward in my district at any rate. Commissioner Fiala? COMMISSIONER FIALA: Yes. And although in this instance I agree with Commissioner Taylor, you know, right now it's a question of fairness. And I totally agree, we've gotten to this point thinking it's going to be one way. But when we discuss that again about housing for -- you know, we're trying to get people to come to this community and work in businesses that we're trying to I don't want to say lure, I want to say negotiate. COMMISSIONER TAYLOR: Attract. COMMISSIONER FIALA: Attract, thank you, to this community, there's also another positive that hasn't been mentioned right now and that is -- and now I'm going to just strictly focus on where I live. Up to this point we've had a concentration of very low income so our schools are Title One schools. If you get people coming in that are skilled workers, are young professionals just out of college, what you do is usually they're young people who also want to have families and then you begin to blend the schools, you begin to balance them, and it gives those children a much better chance at education than they have now. So I agree with what Commissioner Henning has to say, I just don't think this is the proper time. But I think going forward as I'm sure all developers will be watching this, they're going to realize maybe they're going to have to make this provision. And I think he's led a good stance. I know in my district we have so much low income it's coming out of our ears. But boy, we sure need some skilled worker income, some young professional housing here. So that's what I'm hoping to see happen. But I am definitely going to approve this one. Page 61 May 12, 2015 COMMISSIONER HILLER: Call the question. CHAIRMAN NANCE: Commissioner Hiller, I would just like to confirm one thing from the members of the Board. Are we requesting that Mr. Anderson commit to 160 multi-family, or we're leaving it open as a Board? There was some discussion, I just want to clear it up for him so he's not wondering what he has to do. COMMISSIONER HILLER: I think we should leave it open. And the reason is, I mean, it's got to be what the market will bear. You know, if there is a need for -- and he needs to evaluate that. You know, we're not here to control the market. We don't know what the demand is. I think, you know, if there's demand for the single-family housing, well, then, you know, we want to make sure that demand is met. If there's a demand for multi-family housing, then let there be multi-family. I mean, either way both are allowable to the number of units prescribed. I don't think we should be, you know, micromanaging it to that level. CHAIRMAN NANCE: I agree, but I'm the one that brought up the question so I want to provide the clarification. Commissioner Taylor? COMMISSIONER TAYLOR: Yeah, I think we need to leave it to the developer's discretion. Frankly, the landscaping, the entire layout is for a specific type of housing, the buffering, everything like that. So it's a complete package. And I agree with Commissioner Hiller, we can't be micromanaging and creating a development on the fly up here. CHAIRMAN NANCE: Okay, we have a motion by Commissioner Hiller and a second by Commissioner Fiala. Any final comments? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. Page 62 May 12, 2015 CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Commissioner Henning dissents, so it passes 4-1 . MR. ANDERSON: Thank you very much, Commissioners. Item #10A SETTING A TIME CERTAIN IN BOARD OF COUNTY COMMISSIONER MEETINGS OF 1 :00 PM FOR PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA AND, IN ADDITION, WHEN A BOARD OF COUNTY COMMISSION MEETING ENDS BEFORE 1 :00 PM, IT WILL RECONVENE AT 1 :00 PM FOR THE PURPOSE OF HEARING PUBLIC COMMENTS — MOTION TO NOT APPROVE — APPROVED MR. OCHS: Mr. Chairman, that moves us to Item 10.A under Board of County Commissioners. That is a recommendation to consider setting a time certain in the Board of County Commissioners meeting of 1 :00 p.m. for public comments for items not on the agenda. And in addition when a Board of County Commission meeting ends before 1 :00 p.m., it will reconvene at 1 :00 p.m. for the purpose of hearing public comments. This item was placed on the agenda by Commissioner Taylor. CHAIRMAN NANCE: Excuse me one moment. Just a point of clarification. Don't we have Item 9.F, sir? MR. OCHS: Yes, sir, we do, but it's not time certain, and your rules of your agenda say that public hearings on land use items are no Page 63 May 12, 2015 sooner than 1 :30 unless otherwise noted. CHAIRMAN NANCE: Thank you, sir, I stand corrected. Okay, fine. COMMISSIONER HILLER: Can I make a -- MR. OCHS: You do have the owners here. COMMISSIONER HILLER: Are they here? MR. OCHS: I believe they are. And the staff is here. I defer to your County Attorney about whether or not you can take it any sooner. CHAIRMAN NANCE: Let's follow our rules and proceed with 10.A. I feel most comfortable with that. COMMISSIONER HILLER: And I'd like to make a suggestion. I would like to bring back a recommendation that we move these land use hearings to first thing after, you know, our proclamations and other recognitions rather than have it at 1 :00. I think we should have it first thing and get it done rather than wait 'til the afternoon. MR. OCHS: Pleasure of the board, ma'am. COMMISSIONER HILLER: Because what's been going on, like what we did this morning is great. And nothing would be worse than if we have a shorter general agenda and then we have this period of time where we have a lag 'til we have a hearing after lunch at 1 :00. CHAIRMAN NANCE: Let's take that up under the item that we're going to discuss here. Because I think they're all related. So we're going to continue on 10.A. COMMISSIONER TAYLOR: Well, again -- CHAIRMAN NANCE: Commissioner Taylor, it was your item, please. COMMISSIONER TAYLOR: Yes, and this is basically just to give the public certainty of when they can speak, there's a specific time frame, they understand that they don't have to sit through hours and hours of a meeting which I've seen happen. And I just think it's -- that's what we are, we're servants of the public, we need to Page 64 May 12, 2015 accommodate our schedule so that they have an opportunity to speak. And that's it, it's simple. CHAIRMAN NANCE: I will say this, and I will tell you, I'm very interested to see what all the other Board members think. I do not support this for one reason and that is I don't consider any agenda item more or less important than any other agenda item. And what we have is we have a multiple methodology for allowing the public to contact the Board and to discuss in the public each individual agenda item that we have. And what happens is the individuals that wish to testify on those items must -- they must have the patience to sit until their agenda item comes up. Those items that are advertised on the agenda are items for which a lot of people prepare. And, you know, they have to wait their turn through the scheduling of the Board. And I believe the Board needs the maximum amount of flexibility to arrange the schedule to fit the circumstance. And I think each day present a different circumstance. Commissioner Hiller just commented about public hearings. Public hearings early in the morning may be great if all the people and all the experts required are proximate to this room. If people have to travel large distances, it might be more advantageous to those to appear in the afternoon. So there are many things to consider. I don't think that fixing a time at 1 :00 p.m., despite the fact that the meeting might end earlier, is wise, because I believe it commits staff, I believe it commits the Board of County Commission to return, security to return, and also we must realize in these public activities not only do people have a right to speak, but people have a right to hear. So all those that might want to hear public comments might not want to wait two hours to hear them. Furthermore, if we have public comments at 1 :00 p.m., we actually don't know if there's going to be any public comment, because we don't know if or when people are going to sign up for public comments. If we have a time certain at Page 65 May 12, 2015 1 :00 p.m., we could have people come in at 12:58 and sign up or we could have a person that signed up earlier in the day decide not to appear, in which case the entire Board and the entire staff would be showing up for an individual that we don't know is going to testify. So I believe, you know, as the current chair and having testified before the Board of County Commission when we had public comment early in the day and late in the day, that prescribing more time certains is not going to promote a smooth meeting and I don't think it's going to -- I don't think it's going to promote efficiency and I don't think it's in the public interest. But that's just my opinion. Commissioner Henning, I believe you're next, then Commissioner Hiller. COMMISSIONER HENNING: Commissioner Taylor, is this because of the oil item that was on the agenda? COMMISSIONER TAYLOR: No, sir. No, it was from last meeting. And in fact the gentleman's here. One of the gentlemen who is being part of an agenda item today was under public comment. And it was a very long meeting, our last meeting, and he spoke at the end. And frankly, it comes from 10 years of deciding very early when I was on the City Council that we would just hear the public. There's nothing more important than hearing from the people who pay our bills. They pay their taxes, that's why we're here. COMMISSIONER HENNING: Yeah, you know I agree with that. However, every governing board is different. (Noise from audience.) COMMISSIONER HENNING: Every governing board is different, okay? So welcome to the county. COMMISSIONER TAYLOR: No, it's not because we did it in the city I want it in the county, it's just that I have a great deal of respect for the public to be able to speak. COMMISSIONER HENNING: And so do I. On each and every Page 66 May 12, 2015 item it's important for the public to be afforded to talk on. And you understand the public comment, that we really can't take any action, it's public petition that we take action. You know, I don't see what's broken with our agenda, whether it be land use or public comment or any of the other items. It works. I can see it's going to be a fiscal impact. The only reason we're here at this time this late is besides items pulled off the summary and consent is there's an add-on. I can't imagine telling staff to go back for an hour or two to work, only (sic) have to come back. That's a fiscal impact. I just don't see where it's broken. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Fiala. COMMISSIONER HILLER: Thank you. First of all, every item on the agenda is for the benefit of the public and is about the public. And every item on the agenda allows for public comment. To single out a time certain for public comment for items not on the agenda when all -- just about all the other items on the agenda which afford public comment are not a time certain is really not really a fair way to proceed to those members of the public who want to speak to items that are part of the general agenda, which are the most important part of the agenda, because those are the set items that are intended to be acted upon officially by the Board. And Commissioner Henning is correct, the public element for items not on the agenda are not items that the Board can act on or give staff direction on in any way. And the only way to do that is through the petition process or through contacting an individual commissioner who has the opportunity to put an item on the agenda. The process we have here has worked, has been effective. And there is also another opportunity for the public to comment on items that are not on the agenda and that is to communicate directly with the commissioners in writing or in person. Page 67 May 12, 2015 And another thing that can be done by the public is if they don't want to necessarily speak at the podium is they can write a comment and ask a commissioner to introduce it on the record and it becomes a part of the minutes of a future meeting. So it is very important to afford the public the opportunity to speak. The public is afforded the opportunity to speak and I would agree that, you know, we have worked very hard, we have moved this item around a number of times to try to figure out what works best, and it does appear that this has been the best approach of all the approaches that we've had. And again, I wouldn't want to treat the public that wants to speak on agenda items differently than the public that wants to speak on the non-agenda items. So I think, you know, we need to be consistent. CHAIRMAN NANCE: Commissioner Fiala, then I believe Ms. Albers, we have public speakers, ma'am? MS. ALBERS: That's correct. CHAIRMAN NANCE: How many public speakers do we currently have? MS. ALBERS: We have seven public speakers. CHAIRMAN NANCE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Thank you very much. Yes, I too agree that, you know, you don't need to fix it if it ain't broken. I think however possibly we could tweak it a little bit and that is, as Commissioner Hiller so rightfully said, we've moved this around to different parts of the agenda trying to figure out which would work best for the public, because some people say they don't want to come in the morning, they have to work, some don't want to come later in the day because they don't want to stay all day long. So we chose 1 :00 as a good time after lunch to try and compromise with that. And sometimes we'll get 30 speakers here all wanting to speak on something. And probably today we can tell what the subject is just by Page 68 May 12, 2015 seeing the faces, and that's fine. We've never -- we don't want to discourage anybody. But I think what we have possibly not been doing right, and this would be the only way I would tweak it, and that is many times we've got some heavy subjects that we're dealing with in the morning and we haven't finished and it's time to break for lunch. I think what we should do is with those subjects, those people are going to be here regardless, we should then start our public hearing at 1 :00, period, and listen to what they have to say and then get back to the rest of the subjects and agenda. That would be the only way I would tweak it. I don't know if anybody else would be in agreement with that or not. And I'm always here, it doesn't make any difference, I save the whole day. I'm sure everybody does, you save the whole day to be here anyway. I don't know, I think there was once we ended before noon. CHAIRMAN NANCE: We didn't make it, ma'am, we missed by two minutes. COMMISSIONER FIALA: Oh, was it two minutes? But that's the only time I ever remember. So we're all going to be coming back anyway. COMMISSIONER HILLER: Commissioner Fiala, but let me just say this. That's for -- and we're dealing strictly with comments that don't relate to items on the agenda. That's unfair to all the other members of the public. Because we don't do time certains for all the other items that are on the agenda that the public has the opportunity to speak to on that specific agenda item. So now all of a sudden, you know -- CHAIRMAN NANCE: Unless it's demonstrated that there's a need because of-- COMMISSIONER HILLER: Right. And then sometimes a commissioner will set that particular item at a time certain. But every Page 69 May 12, 2015 single item on the agenda invites public comment. And we sometimes set some of those items at time certains if we know there will be a lot of speakers to accommodate them. But for the most part we don't. So now all of a sudden we are treating those public speakers who want to speak on general agenda items differently. And we're treating those people who want to speak on non-agenda items with preference. And that's the problem. And that's the unfairness. Suddenly we're giving -- and again, if someone wants the Board to act, they've got to petition the Board to act. And in the agenda, that comes like right at the beginning, right after we do presentations. Then we have, you know, public petition. And I think there's some confusion between public speakers on non-agenda items and public petitions. So that's the only concern I have, that now suddenly we're being unfair to the other public, the public that wants to speak to items on the general agenda. And that's the only reason why setting a time certain then puts those people at a disadvantage. Because now they have to wait, whereas the non-agenda item speakers don't. CHAIRMAN NANCE: Okay, Commissioner Taylor, some final remarks from you before the public speakers, and we'll hear from them, ma'am. COMMISSIONER TAYLOR: Again, this is just to be very clear my position on this. I brought this forward because of the last meeting, not the other meeting where members of the public who wanted to speak were not present when we ended our meeting. Mr. Chairman, I think you were very clear, it was very clear what the procedure was at that time. And it was unfortunate there was a misunderstanding, but I do not believe there was any willful disregard of those speakers by this Commission at that time. And -- but going forward, I just think to clear up -- you know, just to allow the public, especially public who have not hired attorneys, attorneys who are -- or who have agenda items and have a lot of time Page 70 May 12, 2015 invested in it, just sort of the -- our neighbors, you know, our neighbors and our friends and our people who just want to speak to us. I think it bodes well to give them an opportunity at a certain time to do so. So that's it. Thank you. CHAIRMAN NANCE: Okay, let's go to the public speakers. MS. ALBERS: Mr. Chairman, your first speaker is Dr. John Dwyer. He will be followed by Dr. Karen Dwyer. DR. JOHN DWYER: Thank you. My name is John Dwyer. And I especially want to affirm Commissioner Taylor's request. And I'd like to ask you in addition to please listen to the public. It is not very deep below the surface that there is an attitude toward public comment that is a little scornful. We have a number of members of the public who are very well -- understand the issues very well and are well prepared to speak to you with expertise, and that we have at previous times brought truth and light into this room. Some of the public come here at considerable personal sacrifice to speak to you about items important to us. And possibly not fully understood by all of the commissioners. Many speakers you must listen to are not fully prepared and when -- repetitive, quite tedious to you. I understand that. But I also know how easy it is for elected officials to listen to the wrong voices, voices of persons they have grown to trust for whatever reason. And you know the cost of doing that. The public's comments are not always the right voices, but you cannot discount or restrict our rights to contribute to the discussion. Tactics like delaying time allotted to the very end of the meeting, which restricts our time to give a speech. We prepare something that's going to take three minutes, and sometimes it takes a lot of hours to do that, to say everything in three minutes. And then at the last minute the time is changed to two or even less. We know the legislative thing that happened just three weeks ago in Tallahassee when people were given 45 seconds at the last minute to comment on Page 71 May 12, 2015 Mr. Richter's bill. Particularly those of us who have prepared carefully and crafted speeches to conform to your original time period to topics that are scheduled on the agenda, we want you to listen to the public. Thank you. MS. ALBERS: Your next speaker is Dr. Karen Dwyer. She will be followed by Jennifer Hecker. DR. KAREN DWYER: Yes, please do set a time certain of 1 :00 p.m. for public comment. It would send a strong message that the Commission is willing to listen to the public who have taken off work or traveled long distances to share their concerns with you. It would increase transparency and predictability in your proceedings. The public has been repeatedly alarmed about being inadvertently silenced or not allowed to speak. So a time certain is good news. It would lend a sense of certainty and stability to your meetings and help us all work together more effectively. I'm grateful that you're considering it and urge you all to vote yes. Thank you. MS. ALBERS: Your next speaker is Jennifer Hecker. She will be followed by Judith Dempsey. MS. HECKER: Jennifer Hecker on behalf of The Conservancy of Southwest Florida. As a public interest group who represents thousands of Collier County citizens, we strongly support the recommendation that public comment on non-agenda items be at 1 :00 p.m. The current system is not working or fair, because people have to take off time off their work waiting hours and then are prevented from commenting by changing the times. Government is to serve and to represent the public, with the BOCC being public servants. Although we are professional advocates who can be present for hours to offer comment, most working citizens cannot. Agenda items, even when not time certain, can be tracked and Page 72 May 12, 2015 predicted within a certain time window. Having public comment being able to be heard any time before or after 1 :00 p.m. does not provide the public any predictability as to a reasonable window of time to aim to provide comment, having to plan to be present for the whole meeting for just three minutes of comment, which is unduly burdensome. It's not about waiting our turn. We just don't know when our turn is. And I do want to mention that just as evidenced with the discussion here, having the Board discuss the item before even taking public comment really circumvents the whole purpose of public comment, which is to provide information for you to consider and hopefully inform your decision making. But only making up your minds before and then stating that and then taking public comment is really offensive to the public. Because it makes us just a perfunctory exercise. And really, as a public advocate, I just want to say, I'm asking each of you to consider thinking about if the roles were reversed and you were out here, how would you want to be treated? You would want to be heard, you would want to be treated with respect, you would want to be given a reasonable window of time to give your comment, and you'd want to have your comments considered. And that's all we're asking for. So I really urge you today to think about this carefully and please, support this recommendation to go back to the way it used to be where we had a predictable window of time for the public to be able to comment on non-agenda items. Thank you so much. MS. ALBERS: Your next speaker is Judith Dempsey. She will be followed by Dona Knapp. MR. DEMPSEY: Hi. I'm sorry that you believe -- or that you feel that public comment is a burden. I'm really saddened to think that coming back at 1 :00 to hear what people have to say is a bad thing. Page 73 May 12, 2015 I'm surprised to hear that. I also want to mention that the last time I came here there was an agenda item that was removed so I was here to speak on an agenda item, but then I was made -- I was basically turned into somebody coming that was coming for a non-agenda item. So it seems even if I try to petition this Board, I could still be showing up for an agenda item and then basically become part of the public that's coming for a non-agenda item. So I don't believe that that helps in any way. I just hope that you make the right decision and make sure that you take time to listen to the people that elect you and also pay your salaries. Thank you. MS. ALBERS: Your next speaker is Dona Knapp. She will be followed by Jaime Duran. MS. KNAPP: Good morning, Commissioners, Dona Knapp. I can only say how disappointed I was at the last time we were here and I signed up to speak on the agenda and we were silenced. I thought to myself, this isn't the America that I came to. This isn't the democracy that I heard about in my old country of England to be silenced like this. You are a public servant. We pay your salaries. You live well because of us. And I would please urge you to listen to the public. We have a lot of good things to say and things that you should listen to. We are quite clued up on very many things, especially after the last two years where we've been appearing in front of you. We've waited all day long. Many, many days we've waited all day long just to be able to speak where other people have been speaking before us. And I even feel like perhaps this was done on purpose to silence us. So please, please, from now on give us the respect that we would afford you as our elected commissioners. Thank you. MS. ALBERS: Your next speaker is Jaime Duran, followed by Pamela Duran. Page 74 May 12, 2015 MR. DURAN: For the past two years I have come to these meetings to talk about subjects that should be of concern to all. This Board for whatever reason has made it difficult to air our concerns, with either by changing the agenda at the last minute or delaying the proceedings until late in the afternoon, or limiting the time to a time that doesn't make sense. A time certain for public comment will be helpful. It should not be limited to just items not in the agenda and should confirm and will confirm to us that you actually want to hear from the public. Thank you. MS. ALBERS: Your final speaker is Pamela Duran. MS. DURAN: Thank you, Commissioner Taylor, for bringing this subject up. She's the one on the end. This system is broken. That's all there is to it. You don't care. I don't know why you're so surprised that no public speaker is here for public comment on 9.A. The only reason I have been coming to these meetings is because I believe what you have done by allowing oil drilling to be in this county was wrong. I only -- I'm retired, I have better things to do. It's broken when we come up here in these meetings and we have been refused, you have refused to listen. At one meeting you took it off the agenda and you said we could not do a public comment. So what you're saying, it's not broken, you treat us the same? I have felt such disrespect from some of these commissioners that I'm ashamed. I think you should rewind and look at some of the videos and your actions during these videos, you know? You're going to be surprised. This is on record. The only reason that I don't want the water polluted is for the next generations. I really believe in this subject. I hope you listen. I think if you had people that were as passionate about the future generation, about the State of Florida, you should be happy. But all I see is Page 75 May 12, 2015 disrespect. MS. ALBERS: Mr. Chairman, I apologize, we do have one more public speaker. Aranza Thigpen, Jr. MR. THIGPEN: Good morning. And I want to thank you for being here and understanding the complexity of allowing time certain. It's very important that you do this, not just because of the items that you currently have on your agenda that have already been allocated for those to speak on or on behalf of, but like it was mentioned before, we need to have transparency between the public and the offices that you serve. The issues that I believe that will be discussed this afternoon are in direct relationship to all of your development, all of your concerns about promoting social benefit for those that need to have things done on their behalf. This is a very serious issue. And if you undermine or make it difficult for the people to respond, they will rebel in ways unimaginable. MS. ALBERS: That's your final public speaker. CHAIRMAN NANCE: Thank you. I believe it's Commissioner Henning, then Commissioner Hiller. COMMISSIONER HENNING: Yeah, let me read. Public comments on general topics not on the future agenda will be heard at 1 :00 p.m. unless otherwise noted. It's at 1 :00 p.m. Okay? Unless otherwise noted. UNIDENTIFIED MEMBER OF THE AUDIENCE: And you've done that twice. COMMISSIONER HENNING: Now, I had a sneaking suspicion this was about the oil item that was removed from the agenda because The Conservancy can't get anybody to listen in Tallahassee. Now, I noticed. UNIDENTIFIED MEMBER OF THE AUDIENCE: This is incredible. Page 76 May 12, 2015 CHAIRMAN NANCE: Stop. COMMISSIONER HENNING: What I noticed was Jennifer Hecker marching everybody out of the meeting -- UNIDENTIFIED MEMBER OF THE AUDIENCE: You had personal comment. CHAIRMAN NANCE: Sir, excuse me. UNIDENTIFIED MEMBER OF THE AUDIENCE: You' re breaking a rule. CHAIRMAN NANCE: Sir, I'm going to have anybody that speaks out removed from this room. You must allow the commissioners to respond to your comments. Is that okay with everybody? Let's agree that we're going to have a respectful discussion. Please continue, Commissioner Henning. COMMISSIONER HENNING: The Conservancy knows our agenda, okay? But Jennifer Hecker walked everybody out of the meeting, knowing where we were within the meeting. So we did convene. You know, I -- it's astounding to me on the leadership at The Conservancy and how they mislead the public on our meetings. What we have in the afternoon is an emergency bridge repair. It's not a public petition for land use. It's emergency repair or replacement of a bridge. Isn't that important? I mean, I'm just astounded that these items tend to sneak on the agenda that is somebody else's agenda without disclosing that. Because nobody's listening to them in Tallahassee. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Yeah, you know, the -- when we set the agenda at the beginning of a board meeting, it's a fluid process. To give you an example, Commissioner Taylor pulled an item off consent, 11 .B, and so now that's going to be heard later in the day Page 77 May 12, 2015 without a time certain. And there might be members of the public that had wanted to speak to that. But because she pulled it off and put it on the general agenda rather than leave it on consent, you know, now the public may not be able to come to speak to that or may come and speak to it but without knowing specifically at what time they're going to have the opportunity to speak to that item. That public is actually less privileged than the public that has the opportunity to speak on items not on the agenda because that item will -- that opportunity afforded for public comment is always on the agenda and never is removed. The Board very much wants to hear from the public on all items on the agenda, as well as hearing from items of concern that are not on the agenda. But again, it is not fair to give those who want to speak to items not on the agenda a time certain when all the other items for the most part that are on the agenda that we do really want to hear public input on when we are going to take an official act on what is being recommended is not afforded a time certain. And there's a real disparity there. The agenda items in my opinion are with respect to public comment even more important to be considered for input. And we don't make our minds up ahead. In some instances we know who the speakers are and they have come and said, you know, we're supportive of a particular action. And, you know, if I look into the audience and I know a particular speaker, know there are no other speakers and I know that they're supportive and I make a motion and they stand up and they say, you know, we're very glad that you made the motion, that's not negative, that's positive. There's no intent to cut that input off at all. A lot of these people who come and speak, speak to us ahead of the meeting in addition to at the meeting, and they do it either by communicating in writing or by talking to us. Page 78 May 12, 2015 So I believe public comment is extremely important on all items on the agenda. And I don't believe that any member of the public is being disrespected or disregarded by this Board, by any member of this Board. Now, it may be viewed as -- like if Commissioner Henning does not agree with maybe what Mr. Dyer (sic) says, that may be viewed in Mr. Dyer's mind as disrespect. But it isn't. It's your right to, you know, disagree with Commissioner Henning, it's Commissioner Henning's right to disagree with you, because he is making the representative decision and his decision may represent a majority and you may represent a different special interest. That's not negative. That's okay. That doesn't mean it's disrespectful. But we value the input you bring. And on every item of the agenda that you have signed up, we have listened. And I know personally I have taken a lot of your very good comments into consideration in my decision making. And with respect to items not on the agenda, I personally have also listened and have at times found benefit in what you have said as well. So I appreciate, you know, your participation. I do think that the process that we have right now is fair, because it's treating everybody the same way. I mean, it's treating items -- public comment for items not on the agenda the same way as public comment for items on the agenda -- on the general agenda. And I think that's important. I think the way we've been handling time certains has also been well contemplated. Because when we have a sense that there are going to be a lot of speakers on an item that is on the general agenda, we do try to set time certains for that so we don't inconvenience people in a large group. And we've done that, by the way, for the fracking issue, where we know that we've had a lot of people coming in to speak on the fracking Page 79 May 12, 2015 issue. And just so you know, the time certains are set by whoever the Chair is. And the administration of the public meetings is the responsibility and the role given to the Chair. And he has set time certains on a lot of these. For example, important issues like fracking and like other matters that you've very carefully set for a specific time because you know there are a lot of speakers. So, you know, I don't feel that favoring one agenda item, public comment for one agenda item over the others is really fair to the other members of the public. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Well, I'll just sum it up by saying I wanted to bring this to the attention of my colleagues. I feel that the public that do not have a vested interest in the agenda, i.e., attached to an agenda item, they're here, sometimes they're retired, many times they're taking off work so that they can be heard in a public forum and petition their -- or express their views. Let me rephrase that, express their views to this Commission. I see that there would never be any kind of unfairness whatsoever by just giving them a set time to be able to speak. Because, frankly, then they can plan their day and they can get back to work. Sometimes they come here at great sacrifice. So that's really the intent of what I wanted to bring forward, and I hope I have some support. Thank you. CHAIRMAN NANCE: Yes, I'd like to make a few comments. Commissioner Taylor, I recognize your intention, but I will tell you honestly that every individual, every citizen in Collier County that comes to testify on a subject on an issue thinks that that item is the most important item on the agenda or they wouldn't be here. Sometimes people come and speak to a number of items. You know, we've had citizens that have done that routinely, and we've gotten to know them. Like Mr. Pointer who passed away recently, he would Page 80 May 12, 2015 have a comment on a number of issues, or Mr. Krasowski, who has a passion for things relating to sea turtles and whatnot, he testifies. And honestly, many of those comments have been luminary. And sometimes a comment that comes on items not on the agenda is one of the most important comments of the day because it brings something up that nobody had thought about. And I appreciate that. But also, you know, I'm sensitive -- I'm very sensitive to this issue because my district is the farthest away from this facility. I have residents that live in eastern Collier County that have to travel over an hour by car to get here. So they start an hour ahead of time and they trudge over here and they wait for their agenda item and it's -- I will tell you, it's very, very difficult to make these schedules. You might think it's very simplistic regarding the issue for which you have passion. But it is not. It's very difficult to schedule these. And it's been my experience as a witness and as a person sitting in the audience to testify and as the Chairman, this year as the Chairman of your Board, to tell you that many times you just can't get a very satisfactory meeting for one reason or another. And oftentimes it's because you have too many time certains. What usually happens, if you have four or five time certains, is you simply don't -- you're not time certain about any of them. They carry over one to another, people get upset because they think they were promised a particular time to speak and the discussion ran long because there was additional public speakers or there was a specially vigorous discussion here on the dais. So I don't know that there is -- that there is anything that we can do that is going to really honestly improve what we already have. And, you know, I'm committed to make sure that every citizen that comes and speaks -- but I want to treat them with equal fairness. I want to have each person that comes to speak on the agenda item to which they traveled here to speak which they think is the most Page 81 May 12, 2015 important is not prejudged by this Board. I don't -- I think it's very unfair for us to say one agenda item is more important than others. Now, we do try to accommodate people's convenience when we are aware that there are many, many people that want to talk on a given topic. But on items not on the agenda, you honestly don't know if there's going to be a whole lot of them or if there's going to be none. So it is hard. And so I'm simply of the belief that we're doing something that is as effective and honestly as good as we can make it. Commissioner Hiller, then Commissioner Fiala. COMMISSIONER HILLER: I think there's a solution with respect to where I see the problem, and that is the fact that we have, and this is what I was saying earlier, the land use hearings no sooner than 1 :30. And what I would like to see is that we start with the land use hearings like we did today and get them out of the way, and then we'll have far more flexibility in -- you know, when we hear the other agenda items and public comment and not have -- because one of the biggest problems we have is when we have these land use issues, if we don't start them first thing and get them over with as soon as possible in the beginning of the day, they -- if they start at 1 :30, then if stuff in the morning runs over or if, you know, we have one that's a time certain that's later in the morning and then it runs over, I mean, it just makes it very difficult. I think if we could try that, I think it would help a lot. I think it would go a long way in freeing up the afternoon without interruption to allow for public comment on all items. Would that be a problem? MR. OCHS: It's not a problem for staff. COMMISSIONER HILLER: Could we try it and just to see what impact it would have? Because again, you know, I want all members of the public both that speak to the agenda as well as the non-agenda items. You know, and if the public knows that we have all these land Page 82 May 12, 2015 use hearings first thing on a particular day, if there are any scheduled, then they know that they can be here, you know, after lunch and, you know, speak to the -- those other items, both agenda'd and non-agenda'd. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: Because those are the longest hearings. CHAIRMAN NANCE: Commissioner Taylor is the one commissioner that hasn't served as chair on this Board now, with myself being the second newest individual. And I'm sure you recognize how difficult it is to set these agendas, depending on these particular items. That's why I continue to favor the most flexibility. And clearly stating when public comment can be -- you know, if we have 1 :00, which we've tried to rely on -- we had one incident where the meeting was going to end early, and I think that precipitated this discussion. But normally if you know it's a full agenda and there are 20 items on there, you know that the meeting is not going to end early. And it's pretty indicative. There should be very few individuals that testify here on a regular basis that can't predict when it's going to be a long meeting. Commissioner Fiala? COMMISSIONER HILLER: Can I just finish my comment? COMMISSIONER FIALA: I wanted to say, after listening to the public, and some were a little unkind with their comments, but after listening to the public, then I'm thinking about all of the other subjects. For instance, land use items. One might be very controversial. They want to be heard. And then I'm thinking about the people under public comment, we don't know what their comments would be, and they want to be heard. Now say for instance they had -- our group that's right here had an issue that's on the agenda, and then -- but we had to go to a time Page 83 May 12, 2015 certain. See, I was under the impression we should just do a time certain. But now after listening to everyone, then if we had a time certain and they wouldn't be able to finish their subject until after the time certain for public comment, then we'd be criticized for that. So now I'm seeing what you're saying. CHAIRMAN NANCE: It cuts both ways, ma'am. COMMISSIONER FIALA: Yeah. And so -- CHAIRMAN NANCE: It depends on which shoe is on which foot. COMMISSIONER FIALA: That's right, it depends on which one you're talking on. Everybody gets the same three minutes, regardless of whether they have a topic on there or they're going to be here just on public comments in general. So after listening to them I'm realizing, oh, wait a minute, okay, so everybody wants to be heard. And you know what? We've always listened. And I'll give you one prime example I learned a way long time ago, but I'm a listener anyway. And that is it was at Pelican Bay. And some people were coming in and the audience was totally objecting to this particular thing. They just wanted 18 inches added to their house. I couldn't see any problem with 18 inches added to the house. I couldn't understand why everybody was complaining and they were coming up. Finally one lady way down the list of speakers said -- but nobody said that they needed the 18 inches in order to put a second story on their house. What? She said it's against the rules in our community. And nobody ever said that, whether it be staff or anybody else. Thank heavens the woman was there, because we all changed our vote. So we listened and you have to listen to people. And people bring in some very good comments. And so I'm listening again. And I'm thinking, you know, everybody has a right to speak to us no matter what the subject. So maybe it isn't fair to cut off one subject. Say for Page 84 May 12, 2015 instance oil was on there, oil and gas were on there at 10:30 and there were 23 speakers and plus we heard everybody and we still couldn't finish. Should we put them aside to hear the speakers in the afternoon who don't have a particular subject? So I hear what they're saying and it's different than what I thought. CHAIRMAN NANCE: Commissioner Henning, then back to Commissioner Hiller. COMMISSIONER HENNING: Motion not to approve Item 10.A. COMMISSIONER HILLER: Second. CHAIRMAN NANCE: There is a motion and a second not to approve. Any further comment? COMMISSIONER HILLER: I just want to make the comment that I would really like to see the land use moved to the morning rather than the afternoon. If we could just try that and see what effect that would have. COMMISSIONER FIALA: What about all of the, say for instance employees recognition? COMMISSIONER HILLER: Yeah, but like we could do it no sooner than 10:00 or 10:30. And that's another thing, that goes to the proclamations, when we should limit the number of proclamations that we actually present versus what we put on consent to manage that early morning process better. COMMISSIONER FIALA: But if it's a subject that is very controversial and you have 38 speakers here, then what do you do? COMMISSIONER HILLER: Well, they can set a time certain. That's what we do right now. When we have any issue where we know there's going to be a lot of speakers, then usually the Chair sets a time certain in conjunction, you know, with the County Manager so those Page 85 May 12, 2015 people know that, you know, whether it's a land use issue or whatever the other issue might be. CHAIRMAN NANCE: I just think flexibility to deal with the issues that are brought forth by the Commissioners and the Chair is the best way to handle it. COMMISSIONER HILLER: Okay. CHAIRMAN NANCE: Because I don't -- I don't -- you know, how many times has this been gone through? It's been gone through a million times. Any further comments? (No response.) CHAIRMAN NANCE: Hearing none, there's a motion by Commissioner Henning and a second by Commissioner Hiller to deny the recommendation to set a time certain. Any further comments? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER TAYLOR: Opposed. CHAIRMAN NANCE: It is denied 4-1, with Commissioner Taylor dissenting. Item #10B THE COUNTY ATTORNEY TO ADVERTISE FOR FUTURE CONSIDERATION AN ORDINANCE AMENDING ORDINANCE NO. 2005-54 WITH DIRECTION TO INCLUDE REVISION TO Page 86 May 12, 2015 SECTION NINETEEN TO MEET UPDATED MARKET STANDARDS FOR LANDSCAPE RECYCLING — APPROVED MR. OCHS: Mr. Chairman, that takes you to Item 10.B. It's a recommendation to authorize the County Attorney to advertise for future consideration an ordinance amending Ordinance No. 2005-54 with direction to include revision to Section 19 to meet updated market standards for landscape recycling. This item was brought forward by Commissioner Henning. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Do we want to talk trash before lunch? COMMISSIONER FIALA: I say motion to approve. I think it's a good agenda item. COMMISSIONER HENNING: Thank you. I'll second the motion. The reason I did it is because of some constituents reached out to me, you know, stating what kind of container's out there on the market. And the weight of the item is not going to change. I mean, it still has to be under 50 pounds. CHAIRMAN NANCE: Commissioner Henning, I think it's a great item. I actually think this is the sorts of items that we need to have a lot more of, because it's sure practical, it's going to help everybody out and it's going to save work and it's going to save debris in the landfill because we're going to have less bags used. I certainly support it. COMMISSIONER FIALA: It answers a need. MR. OCHS: Mr. Chairman, just one quick note. And I spoke with Commissioner Henning about this. Staff is also fully supportive of the commissioners's recommendation, with the exception that I think he specified up to 42 gallon. And I think out in the commercial Page 87 May 12, 2015 marketplace you can actually get containers up to 45 gallons, so -- CHAIRMAN NANCE: There's actually more than that. There's up to 55. There's drum size. MR. OCHS: Well, at some point you get beyond the weight. But we would suggest if Commissioner is agreeable just to amend that 42-gallon contain to up to not to exceed 45-gallon container. COMMISSIONER HENNING: I'm in favor of that, but the motion maker -- COMMISSIONER FIALA: I'll add that in my motion. COMMISSIONER HENNING: Can we make that retroactive so the people that have bought those over 32 gallons can set them out and put their yard debris in it? CHAIRMAN NANCE: I have no problem if we just direct Code not to enforce -- you know, to stay with enforcement on bags. I don't know how much enforcement on bags we're doing, but -- COMMISSIONER HENNING: Oh, I talked to George and he said we can do that, but I think it needs to be directed by the Board of Commissioners. COMMISSIONER FIALA: So we still could put the -- I see people buying bags, and they can put up to 10 bags out, right, that they can throw in there? So that's still there. But for those -- but like me who just puts them in the trash receptacle -- not a trash receptacle but, you know -- COMMISSIONER HENNING: Yard waste recycle. COMMISSIONER FIALA: Yeah, right. That seems to work just great. COMMISSIONER HENNING: Okay. CHAIRMAN NANCE: Any further comments? (No response.) CHAIRMAN NANCE: We have a motion by Commissioner Fiala, a second by Commissioner Henning. Page 88 May 12, 2015 Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: It passes unanimously. I guess we're going to have lunch now, unless the Board wishes to do otherwise. And we'll return at 1 :01 . (Luncheon recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN NANCE: All right. Ladies and gentlemen, welcome back. Mr. Ochs, I believe we are at — Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: We're at Item 7, Mr. Chairman, public comments on general topics not on the future or current agenda. MS. ALBERS: Mr. Chairman, you have nine public speakers. CHAIRMAN NANCE: Okay. MS. ALBERS: The first public speaker is Marlene Gargan. She'll be followed by Jennifer Hecker. MS. GARGAN: Marlene Gargan. I'm a resident of Donna Fiala's Page 89 May 12, 2015 District 1, and I wanted to let you know that I'm not here for any one specific agenda item, as was suggested earlier that everybody is here for. I'm here to observe and generally find out what's going on in Collier County. The meeting today I thought was productive, but there were some things that have really bothered me and I feel I must speak on them. Commissioner Hiller's comment on "that one at the end" was totally disrespectful and inappropriate. And another thing is that is it is Dr. John Dwyer, not Mr. Dyer. I thought that Commissioner Henning's comments about Jennifer Hecker and The Conservancy were way over the top. And I do want to mention to Commissioner Fiala that the unkindness that you saw and comments from the people comes from your dais. There are -- the aforementioned Commissioners and sometimes Commissioner Nance's attitude towards people is a little bit arrogant and I find it unbecoming. And I am embarrassed when I come here. This is the third time now that I've come here and have been embarrassed at comments or actions by the Collier County Commissioners. And I'm asking that all of you act more respectful and less antagonistic in your comments. And you should be acting as elected officials of all residents of Collier County. As I said, I for one am embarrassed by the actions of some of the commissioners today. MS. ALBERS: Your next speaker is Jennifer Hecker. She has been ceded time by Caitlin Weber. Ms. Weber, are you here? MS. HECKER: Yes. Caitlin and Gladys. MS. ALBERS: And Gladys Delgado. So you get a total of nine minutes. MS. HECKER: Thank you. I don't think I'll need that much, but I appreciate it. Jennifer Hecker on behalf of The Conservancy of Southwest Florida. Thank you again for the opportunity to speak to you today. Page 90 May 12, 2015 The Conservancy of Southwest Florida is a public interest group who shares the priorities of Collier County in trying to work to protect the public health and safety of Collier County citizens, as well as the environment, including public water supplies which they depend upon. We've been here for 50 years assisting previous Board of County Commissions, and plan to be here for many years in the future assisting future County Commissioners with protecting our environment and quality of life to keep this place a desirable place to live and to visit. You may disagree with our organization, but respectfully your position does not give you the license to insult or defame our organization or its employees, or to characterize our factually supported positions as misleading. We're an advocacy organization charged with advocating for water resource protection. That's what we're trying to do in assisting your efforts to control irresponsible oil drilling that put these resources at risk. As you know, Collier County is ground zero for new extreme oil extraction techniques that are very different than conventional oil drilling in that they involve very large amounts of water mixed with toxic chemicals, including those that are known to cause cancer in humans. And they were used here in Collier County, injected underground. While The Conservancy has never been opposed to responsible conventional drilling operations in Collier County, we, like the county, were greatly concerned that fracking and fracking-like well stimulation treatments were occurring without scientific study as to how they impact or function in Florida's very unique hydrology and geology. The bottom line is that without the community knowing how and where these are actually occurring in our community, it is impossible to provide appropriate emergency response or medical treatment in the event of an emergency or to ensure operations are not taking place in a Page 91 May 12, 2015 manner that won't compromise or contaminate public water supply sources for Collier County citizens. That is why we, like the county, desire for legislation to establish the legal foundation and requirements to regulate and require disclosure of these chemicals used in fracking and fracking-like well stimulation treatments that use the same toxic fracking fluids. However, sadly we stand here today more than a year later without meaningful legislation having been filed or passed to do so. I can tell you, just like you all, I've worked on this every single day for the past year and I'm tired of it. I wish we were past it. Unfortunately we are exactly where we were a year ago. The Conservancy has been one of the only groups to try to support a moderate approach of not immediately abandoning this technique but trying to get regulatory and disclosure bills passed that would suspend the techniques until they were studied and until regulatory standards were put into place to ensure that if they're done that they are done safely with sufficient regulatory oversight. We weren't looking for perfection, just for most minimal of safeguards. And unfortunately the proposed bills that were filed did not provide that. We tried to work to strengthen them, to introduce amendments. We worked -- you know, we respect the efforts of the bill sponsors, we worked closely with those bill sponsors, but as the Collier County staffs own analysis showed, there were serious deficiencies with those bills. And from the talking points that your own staff created, and I quote, loopholes in those bills would leave many forms of fracking and fracking-like well stimulation treatments that also use the same toxic fracking chemicals from being regulated, studied, suspended or the chemicals disclosed. None of those other techniques that don't meet the definition, the very narrow definition of the bills which only Page 92 May 12, 2015 regulates the high pressure well stimulation using over 100,000 gallons. There were three work-overs at the Hogan well that were submitted here in Collier County. The first work-over was for what's called acidization. Not routine acid cleaning, acid stimulation using large amounts of acid to dissolve rock rather than fracture rock with the same exact fracking fluids that were used eventually when the well was fracked. So this acidization work-over proposal was submitted in September and it was conducted with no ado. Most of us didn't know about it until long after we heard about the fracking-like activity and started investigating that. That work-over would not be regulated in these bills the way the bills are currently constructed. The second work-over at the Hogan well was to do traditional hydraulic fracturing, otherwise known as fracking, but with less than 100,000 gallons total. So you do not need 100,000 gallons, as your staff accurately said in their own analysis, to have fracking in a well. So to put a threshold that conditions these bills to only regulating those techniques that use high pressure, which you don't need in work-over one at the Hogan well, they did not use pressure that exceeded the fracture gradient of the rock. In work-over two they proposed to frack it with less than 100,000 gallons total. Neither of these two work-overs would have been captured in the current bills. Only the third work-over would questionably have been captured, because in the end they used 600,000 gallons. But what they submitted to DEP before they fracked only indicated under 100,000 gallons of fluid. And this is evidenced in DEP's own consent order where DEP asked Hughes how much water did they use, so that they could know Page 93 May 12, 2015 the total amount of fluid that was used. They didn't know ahead of time. And that's when they have to make the permitting decision. So we would hope in the future that they would ask, well, if this is only stage one and you plan to do other stages, what is the total amount of fluid that you're going to use? But the bottom line is, even if we have that 100,000 total clarified, work-over one, work-over two that use the same types of chemicals would not be captured. This is not acceptable to our organization. We require for our support that it -- all the fracking and fracking-like extraction techniques that use the same toxic cancer causing chemicals be regulated and that those chemicals be disclosed. That's not asking for the sun, the moon and the stars, that's asking for the bottom line to make sure that what happened at Hogan would be properly regulated and have some regulatory oversight in the future. That is not happening in these bills. These fundamental deficiencies we wanted to have rectified. We were getting amendments introduced by other legislators and we wanted the county to get engaged to support those amendments. Right now with these bills, if they are passed in their current form, we will continue to have many types of dangerous fracking type extraction techniques being used in our community virtually unregulated in total secrecy. So it will be a situation where we won't know what we won't know. This is unacceptable. Your staff pointed this out, recommended talking points for your lobbyists to use, and it's crucial to not only use your lobbyists to talk to the bill sponsors but -- and we're even the local legislative delegates, but all of the legislators. Because the majority of legislators that sit on the committees that vote on these bills are going to be from outside Southwest Florida. When I was working in Tallahassee this session for several weeks Page 94 May 12, 2015 I testified at those committee hearings. At not one committee hearing were Collier County's representatives giving comment. And I witnessed the keen interest by all legislators on those committees to this issue. This is not just a Southwest Florida issue. They understand that once this takes off there could be pipelines, there could be roadway expansions, there could be a lot of impacts to other communities throughout our state as a result of what happens here in Southwest Florida. They were concerned. But they noted with perplexity that Collier County was not present to share its views or its recommendations about the proposed legislation to say whether it supported those amendments or not. We attempted to reach out. We saw that in spite of our efforts, April 15th there was a letter sent on behalf of the BOCC to support the proposed legislation without the amendments. But now we know that the legislators were listening, because The Conservancy pulled its support and that legislation did not pass. So we now have a second chance to get it right, to get the legislation that Collier County citizens need and deserve to protect their water supplies, and we're asking you today to please take actions, to go back to your original recommendation that you approved in the AECOM report and in the e-mails that your own staff produced and communicated to DEP and advocate for those. We're not asking you to advocate for our priorities, we're asking you to advocate for your own. And collectively we can then work together to get the strongest, best, most protective oil legislation for Collier County's water supplies and its residents. Thank you so much. MS. ALBERS: Your next speaker is Dr. John Dwyer. He will be followed by Dr. Karen Dwyer. DR. JOHN DWYER: John Dwyer, Naples, Florida. When we left this chamber six months ago, we had all agreed to Page 95 May 12, 2015 adopt the 18 AECOM recommendations and insist that regulations be put in place and enforcement powers be granted. You let us down on April 14th. Collier County Lobbyist Keith Arnold, unnaturally constrained by the description of his job, had not even been to any committee meetings, nor spoken with either sponsor. Neither Senator Richter nor Representative Rodriguez's bills represent Collier County concerns and priorities. I'm happy these bills failed. Asking the oil industry to write their own reckless rules that allow fracking to continue in Florida is the opposite of what we agreed upon in this chamber. These bills were very tellingly backed by the oil and gas industry. It was even mentioned in Tallahassee. Where are the people who are going to be regulated and their objections? None appeared. Doubtless the Colliers who have attempted to transform one of the most deadly and dangerous industries into the innocuous sounding completely safe and sound exploration for mature oil. The regulations we agreed upon included certain requirements, that the Commission be notified of every drilling permit applied for, not told to look it up like the rest of the public. Further included was guaranteed legal permission for regulators to inspect the drilling sites whenever they like, and power to apply significant enforcement fines. Your support of the Colliers, Governor Scott and the oil industry are close to criminal. A Guardian investigation of three specific projects run by Shell, Exxon Mobile and Marathon Petroleum has revealed that the subsidies were all granted by politicians who received significant campaign contributions from the fossil fuel industry. The Guardian found a proposed shell petrochemical refinery in Pennsylvania is in line for $1 .6 billion in state subsidy, according to a deal struck in 2012 when the company made an annual profit of$26.8 billion. Exxon Mobile's upgrades to its Baton Rouge refinery in Page 96 May 12, 2015 Louisiana are benefiting from 119 million of state subsidy, with the support starting in 2011 when the company made a $41 billion profit, a job subsidy scheme where 78 million in Marathon Petroleum in Ohio began in 2011 when the company made 2.4 billion in profit. Who knows what the Guardian will find in Collier County. Thank you. MS. ALBERS: Your next speaker is Dr. Karen Dwyer. She will be followed by Pamela Duran. DR. KAREN DWYER: The oil regulation bills that failed to pass were heavily criticized. A divided Senate warned that these bills would not even regulate the type of fracking that occurred at the Hogan well. Instead they would allow oil and gas companies to frack in Florida and keep secret the toxic chemicals used. Worse yet, they would prohibit counties from protecting themselves with fracking bands, buffer zones and water use regulations, essentially preempting home rule. These bills also failed to address county concerns regarding well stimulation, waste disposal, chemical disclosure, permit notification and local zoning. We find it more than alarming that the county supported these deficient bills. Now is the time to recommit. Since we are still without strong oil and gas laws to protect public health, make inland oil drilling and fracking the county's top 2016 legislative priority. Actively lobby for the strongest oil and gas laws possible. Use your 18 AECOM recommendations, four Senate and House recommendations, staff comments to Senators Richter and Rodriguez, and amendments that address county concerns such as I submit to you today. Like the county, our number one concern are the regulatory loopholes in the proposed bill that would enable industry to repeat the type of fracking that occurred at the Hogan well. So please broaden the bill's definition of high pressure well Page 97 May 12, 2015 stimulation to include all well stimulation. Because all involve the injection of toxic chemicals that pose a risk to our drinking water. Now is also the time to adopt local resolutions. We need a one-mile buffer zone between an oil well and any home, school or environmentally sensitive land. One mile so that residents are moved outside the emergency evacuation zone mapped out in the drilling application, which is different in Florida than in Colorado or Oklahoma. And one mile because Naples is one of the richest communities in the world and we can do better. We also need drillers to use alternative water supplies as opposed to prime drinking water, since we must consider the cumulative impact of thousands of new wells on the 180,000 acres leased by Collier. We also need the Commission to support a state-wide ban on fracking and to ban fracking locally. It's time we take a step toward true oil independence and join Miami-Dade, Coconut Creek, Bonita Springs, as well as the State of New York and countries rights like France and Bulgaria in banning this extreme extraction technique. It would send a strong message that Naples is serious about protecting its water and communities. To conclude, both state and local resolutions to protect our community. Thank you. MS. ALBERS: Your next speaker is Pamela Duran. She'll be followed by Jamie Duran. MS. DURAN: The following counties and cities have supported a state-wide ban on the use of hydraulic fracturing, acid fracturing and well stimulation treatments performed for the purpose of exploration or production of oil or natural gas in the State of Florida due to the potential harmful impacts on the environment: Alachua County, Coconut Creek, Hallandale Beach, Hamilton County, Leon County, Leon Soil and Water Conservation District, Madison County, Miami-Dade County, St. Augustine, St. Lucie County, Tallahassee, Page 98 May 12, 2015 and Union County. And here are some of the reasons they cited for this statewide ban. The same ones we have been talking about for the past two years. Here are their exact words: Exposure to chemicals used in well stimulation treatment may pose widespread and significant risks to public health, safety and the environment. Hydraulic fracturing may involve the use of substantial amounts of freshwater. There have been more than 1,000 documented cases of water contamination near frack site. Hydraulic fracturing may harm wildlife, including species that are protected under federal and state endangered species law. The prohibition of such practices will help protect the public health, safety and welfare of the state. The Board is charged generally with safeguarding the health, safety and welfare of the residents of the county. They all stood up, they all agreed, all the Commissioners signed this statewide ban. And the Collier County Commission have been silent. Not even a peep. And here we are, 18 months after they fracked, there's no deep water testing well. It hasn't been done yet. There has been no water testing. And you all know that there's a half a million, 500,000 gallons, of toxic fluid unaccountable for. The only water test was 13 feet deep. Really? This is a crime of indifference. MS. ALBERS: Your next speaker is Jaime Duran. He'll be followed by Judith Dempsey. MR. DURAN: My name is Jaime Duran and I live on 24th Avenue Southeast. The Board of Collier County Commissioners have failed in their duty to protect its citizens. Your indifference and the -- to the well-being of Collier County residents prove the lack of leadership in this county. This county has become the laughingstock of its peers. The failure of Florida legislature to pass any significant rulings is a sign of Page 99 May 12, 2015 the systemic indifference of our so-called leaders. For nearly two years we have come to these chambers to ask for action, that you have been unwilling to deliver. You now have the opportunity and the obligation to do the job to which you were elected. The evidence of damage from enhanced oil and gas extraction techniques, more commonly known as fracking, acid fracturing, well stimulation, is extensive. Millions of gallons of water are used only once and so permanently polluted that they must be injected deep underground. Cement casings supposed to protect from leakage fail at alarming rates, offering no real protection at all. The final product, oil, gas, fossil fuels, are just as damaging as the extraction processes. We need true leaders willing to make the hard choices necessary to protect our water, environment and the welfare of residents, now and in the future. Are you these leaders? Thank you. MS. ALBERS: Your next speaker is Dona Knapp. She'll be followed by Aranza Thigpen, Jr. MS. DEMPSEY: Hi. I'm Judy Dempsey. And I was really excited to hear Dr. Weiss talk this morning about a Blue Zone. And I don't know how we're going to accomplish that if we don't make sure that this county is safe, especially its water. There have been cases in the news, I'm not sure if you followed it, but there have been people that are showing up in hospitals with chemical injuries and the hospitals don't know what to do because they don't know what chemicals they've been injured with. So I don't know if Dr. Weiss is aware of that, but this is going to directly affect him if we're not on top of this issue in our county. But I am really excited about him making that movement to make us a Blue Zone. I'm also concerned that if this Board doesn't do anything that you're going to leave a bad legacy. And when something terrible happens they're going to say, who let this happen? Who let this happen? And they're going to be looking at you and your children and Page 100 May 12, 2015 your grandchildren. And if we're lucky they'll still be living here. I want this place to be here forever. And I've been here a long time and I want you to do what you have to do to make sure that the people here can live here safely and not have to worry about drinking from the fountains at school or at the park and wonder, oh, is there something in this water. I just don't want to go to bed at night worrying about that, worrying about my children drinking from the water fountains, knowing that there's no protection. Thank you. MS. ALBERS: Your next speaker is Dona Knapp. MS. KNAPP: Hi. Dona Knapp. Basically there is no safe way to frack. We cannot afford to put our drinking water at risk. I was happy when one of the commissioners mentioned that she was concerned about the contaminants coming from graveyards, the formaldehyde reaching into our -- going into our groundwater. And surely that same rule would apply to fracking fluids as well. And we're quite unique here in Florida with our geology. We're like Swiss cheese underneath, more than any other state, I think. The underground is very sensitive. Researchers from the University of Pennsylvania recently found fracking fluids from oil wells in the drinking water wells of three homes. One to two and -- one to eight miles from the oil well. These fluids migrate. They migrate with the oil and with the gas, and they then surface in people's wells. Also, we have to consider the waste of five million gallons of water every month. And in a world where good water is becoming scarce, and California is evidence of that, NASA's taken photographs of the aquifers and they're drying up. Gradually the whole of the West Coast, you can see it's all drying up. And I think also about the severe storms and the cold weather that people are having up north. More people are relocating to Florida. I Page 101 May 12, 2015 mean, this last winter we were the only place with sunshine literally. Everywhere else was freezing. So naturally more people are going to be coming to Florida. How are we going to support them with our water? We cannot afford to waste it on fracking. That water can never be used again, as you all know. And I just think it's a terrible waste of something that's so sacred. Last week a well in Denton, Texas an oil well, exploded from a lightning storm. Well, as you all well know, we have terrible lightning storms. Actually I love them, but we have very, very big storms here in Florida. And quite often brush fires are caused by lightning. So, you know, if there's wells scattered through the Everglades, what's to become of the Everglades? What's to become of Big Cypress? What's to become of neighborhoods and people's homes? Where else was I going with this? Then there's the lack of integrity from the oil companies. We were lied to by Dan A. Hughes, the very first meeting that we had that was organized, thank you, by Commissioner Nance. And they told us that they would not frack. Well, they did. Of course they called it something else, acid stimulation. But corporations are not people. They're just there for one reason and that's to make money. So I suggest a moratorium on all fracking in Florida, because obviously a lot more research needs to go, a lot more thought needs to go into this, not just jump the gun. So thank you, Commissioners. MS. ALBERS: Your final speaker is Aranza Thigpen, Jr. MR. THIGPEN: Good afternoon. Unlike most of the speakers today, I'm from Anchorage, Alaska. So I'm from a state that does oil and gas exploration. Florida is not Alaska, nor does it have its climate. I want you to take a good look at yourselves when you wake up in the morning, and the reason why is because are you like the hundreds of people or thousands of people rather that have been exposed to Page 102 May 12, 2015 fracking scenarios? Florida is a very precious location, not just the state but the water that surrounds it on both the eastern and western coastlines. If you allow this fracking to continue, you're going to hurt more than just the environment, you're going to hurt any chance of someone in the future having an opportunity to have a good life. If you think that fracking is good, show me a scenario where it has been good. Don't let corporations trick you into endorsing a scenario that you cannot reverse. See, you're under the impression that maybe there's some silver lining behind this, maybe there's some technological device that would allow them to carry on with this fracking. Even if they found that device it can still fail, because it's just a device. The earth is not a device of a technological means. The earth is something that was created years and years ago that has been the home to every species that's alive that we know of. And now we have a chance of ruining that because of a neglect with the scenario here. Every decision you make, comprehensive use plans, PUDs, CMAS, all of that, means absolutely nothing if you allow fracking or oil and gas exploration to take place in Florida. And you guys are not even looking at the fact that you have other renewable resources that you can create to act as a substitution to oil and gas. Biofuels. I want Collier County to be unanimous as leaders to support development in those things that do matter instead of allowing these people to come into the State of Florida to create legislation. Because that's what they're doing. They're bribing you into doing something that's not only inhumane, it's just plain awful. I don't want to have to fight you on this, I just want you to do what's responsible. And me being from the upper one state where that is going on, I can tell you that if you allow these people to do this, there's no turning back. Thank you. Page 103 May 12, 2015 MS. ALBERS: Mr. Chairman, that was all your public speakers. CHAIRMAN NANCE: Thank you. Item #11A DECLARING A PUBLIC EMERGENCY WITH RESPECT TO BRIDGE REPAIRS NEEDED FOR BRIDGE NUMBER 030137 ON CR-846 IDENTIFIED BY THE RECENT FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) INSPECTION, APPROVE INSTALLATION OF VEHICLE RESTRICTION SIGNS, WAIVE THE PURCHASING ORDINANCE IN THE BEST INTEREST OF THE COUNTY AND AUTHORIZE STAFF TO PROCEED WITH A DESIGN-BUILD TEMPORARY BRIDGE REPAIR WITH A VENDOR THAT CAN COMPLETE THE WORK ON THE MOST EXPEDITED SCHEDULE — MOTION TO APPROVE OPTION #2 — APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 11 .A on your agenda. It's a recommendation that the Board declares a public emergency with respect to bridge repairs needed for bridge number 030137 identified by the recent Florida Department of Transportation inspection to approve the installation of vehicle restriction size, waive the purchasing ordinance in the best interest of the county, and authorize staff to proceed with a design-built temporary bridge repair with a vendor that can complete the work on the most expedited schedule. And staff will present. MR. STOLTZ: Good afternoon, Commissioners. My name is Anthony Stoltz, I'm a Senior Project Manager with Transportation Engineering Division. I've been assigned to manage the county's bridge assets, including the bridge repair and replacement program. One of my tasks is to evaluate the county's current bridge Page 104 May 12, 2015 infrastructure through Florida Department of Transportation inspection reports, studies conducted by county hired consultants and personal observations. Working within the limits of available funding, I used this information to prioritize repairs, replacement and replacements in an effort to maximize the useful life of these valuable assets. In the interest of public safety, the Florida Department of Transportation inspects each county bridge every two years. When a bridge such as the one we will be discussing today reaches a critical state, the FDOT increases their frequency of inspection and issues letters to the owner. In addition to this, because of the age and construction type of these bridges and others like it in the county, our department hires independent consultants to monitor bridge conditions at even greater frequencies to ensure public safety and allow us to respond quickly to observe deficiencies. Today I'm here to talk about agenda Item 11 .A, emergency repairs to bridge number 030137 on County Road 846. The bridge is located approximately two and a half miles directly east of Immokalee, and was constructed in 1948. The concrete superstructure consists of three 15-foot spans and twos barriers supported on concrete bent caps. The substructure consists of multiple timber piles, varying above ground lengths and diameters and unknown embedding. The bridge experiences heavy agricultural traffic on a daily basis and is located on a critical route for both the agricultural industry and the emergency services responders. Load restrictions imposed on or closures of the bridge extend emergency response times to locations just east of the bridge to 35 minutes, with a detour length of 29 miles. Consequently, emergency response is the primary reason for seeking Board approval today. The first inspection of the county's timber pile monitoring Page 105 May 12, 2015 program was conducted in June of 2014. No significant repairs were required for bridge number 130137 at that time. The second inspection report was issued in January of 2015, indicating no noticeable changes in the conditions of the timber piles. The FDOT inspected the bridge in April of 2015. These pictures here are from the FDOT's prompt corrective action letter dated April 24, 2015. As you can see from the photos, the inspectors were able to place a ruler approximately nine inches into a void in the top of the timber piles. This is excerpts from the letter dated April 24th. Things to note is the timber piles on the bridge have significant decay which will impact the capacity of the bridge. COMMISSIONER TAYLOR: You think? MR. STOLTZ: A new load rating is being performed to determine the amount of capacity reduction based on the deterioration. Preliminary calculations show a considerable reduction. Upon receiving this letter, I contacted the county's timbering pile monitoring consultant to immediately begin their final evaluation. Though the final report has not yet been issued, the consultant verbally confirmed that the deterioration of the piles has accelerated from the second report to the final inspection. COMMISSIONER HENNING: Move to approve. COMMISSIONER TAYLOR: Second. MR. STOLTZ: Almost done. COMMISSIONER FIALA: But we can see -- COMMISSIONER HENNING: Remove my motion. CHAIRMAN NANCE: Why don't we hear some comment by Commissioners, sir, and if you would be so kind as to remain handy, maybe we'll be able to get this going. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Page 106 May 12, 2015 I would like to know why the deterioration occurred so rapidly so suddenly. Because if you had an inspection done in January and then just four months later the state comes in and sees such a material change, what happened? MR. STOLTZ: Basically the timber piles are treated with a creosote when they're initially installed, and over time that creosote deteriorates and leeches out. Once that happens and their cracks form into the piles, the environment will get into the piles and they will quickly deteriorate the wood. That appears to be what has happened here in the last few months. And it was noted by our hired consultant as well, but from their previous inspection, and they went back here a couple weeks ago, that it had accelerated significantly. COMMISSIONER HILLER: So it would seem that -- I mean, how frequently -- first of all, do we have similar pilings in our other bridges? MR. STOLTZ: Yes, ma'am. COMMISSIONER HILLER: Are they about the same age? MR. STOLTZ: Yes, ma'am. 1948, 1950. There's about 11 of them. COMMISSIONER HILLER: So, I mean, has this ever happened before with any of the other pilings -- MR. STOLTZ: No, we repaired these -- COMMISSIONER HILLER: -- of those previous? MR. STOLTZ: -- pilings before and actually have repaired these piles before back in about 2007. COMMISSIONER HILLER: I see. So this is a recurring issue. MR. STOLTZ: Yes. And we have all of these on our replacement program, in our five-year program, trying to get them replaced as soon as possible. COMMISSIONER HILLER: And you're replacing them with Page 107 May 12, 2015 what? MR. STOLTZ: New bridges. COMMISSIONER HILLER: Oh, like in -- not just new -- like an entirely new -- MR. STOLTZ: Completely replacing the bridge. COMMISSIONER HILLER: Not just an individual piling, I mean the whole thing. MR. STOLTZ: Yep. COMMISSIONER HILLER: So what's the cost of this going to be? MR. STOLTZ: Actually, it's in our -- COMMISSIONER HILLER: Our estimated cost? MR. STOLTZ: -- five-year program. And the -- actually all 11 are not currently funded. We're showing a deficit coming up to replace COMMISSIONER HILLER: No, what's the cost of this repair going to be? MR. STOLTZ: Oh, the repair -- COMMISSIONER HILLER: Approximately. Just estimate. MR. STOLTZ: We're estimating up to 200,000. COMMISSIONER HILLER: 200,000? And what's the cost of the bridge replacement? MR. STOLTZ: That particular bridge is, let's see, it will probably be about a million and a half to two million. COMMISSIONER HILLER: So we're looking at the repair as being 10 percent of the actual cost of the bridge? MR. STOLTZ: Correct. And the reason for the repair is that the emergency service, we've actually been in contact with the fire chief in Immokalee and he's extremely concerned that he cannot get access to the east of Immokalee because of the load restriction. COMMISSIONER HILLER: And when is this bridge going to Page 108 May 12, 2015 be replaced? MR. STOLTZ: We're hoping to replace it as soon as possible. We're going to go to design as soon as possible. COMMISSIONER HILLER: So this -- wow. We need to really look at what's going on with these other bridges because, I mean, if you've got repairs of this magnitude and it -- you know, it's obviously much more than 10 percent if you're looking at a million-five as opposed to two million, because that's quite a range. Then, you. know, my concern is that we're spending money to repair these bridges for a very short period of time. And in effect we're wasting hundreds and hundreds of thousands of dollars. So I don't know what we need to do to accelerate the time table for these bridge replacements. But I mean, if this is indicative of what's going to happen with the other bridges, we don't want to get hit, you know, repeatedly with, you know, 200,000 every few months as these issues seem to all of a sudden be creeping up. I mean, it's just something that I think we need -- this is obviously symptomatic of a bigger problem that we have at a very high cost. So maybe we're, you know, looking at that replacement time table if the repair costs are so high and will be amortized over such a short period of time. MR. CASALANGUIDA: Ma'am, we will be covering that over the budget. That's one of the items we'll cover when we do the budget with you is the bridge program. COMMISSIONER HILLER: So you're going to prioritize that? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: And aren't we getting any -- are we going to get any federal funding for -- MR. CASALANGUIDA: Bridge repairs. COMMISSIONER HILLER: Not replacement. MR. CASALANGUIDA: No, ma'am. Page 109 May 12, 2015 COMMISSIONER HILLER: State funding? MR. CASALANGUIDA: No, ma'am. COMMISSIONER HILLER: No federal or state, it's all local? MR. CASALANGUIDA: Uh-huh. COMMISSIONER HILLER: Okay. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, excuse me. So in there you gave us three options, but actually you estimated -- or rather you encouraged option two; is that correct? MR. STOLTZ: That's correct. COMMISSIONER FIALA: And that's the one for $200,000, right? MR. STOLTZ: Estimated. COMMISSIONER FIALA: And that will like suffice until they can rebuild the bridge. MR. STOLTZ: That's correct. We're trying to remove the load restrictions for the fire service. COMMISSIONER FIALA: Okay, fine. And you're hoping to do that -- although it's on a five-year work schedule, according to the agenda, you're hoping to get that done ASAP, right? MR. STOLTZ: As soon as possible. COMMISSIONER FIALA: Okay, fine. So that is our motion that's on the table. So I'm in total agreement with option two. CHAIRMAN NANCE: Yes, I share Commissioner Hiller's concern about this. I believe shortly before I was elected or it might have been a year or two, there was a very vigorous discussion about asset management. And I am very fearful knowing and understanding clearly that most of this infrastructure out there in Immokalee was built by Thomas Edison or Barron Collier or somebody from that era, that we are going to be in a cascading series of these events. My worst fear is that we get into a repeated number of emergency Page 110 May 12, 2015 situations where we have to spend wasted dollars shoring up bridges or, worse than that, have a first responder failure or have our agricultural businesses not be able to haul fruit in an efficient manner where we hurt business and industry out there. So, you know, I know that nobody wants to talk about good news, and I know we've had workshops on capital asset management. But I believe that it's in our best interest to take a look at this whole situation systemically. If we need to -- what I don't want to see happen is I don't want to see our entire budget have to have a budget of budget amendments in it and we have to start cannibalizing other projects that we've thought about carefully because we don't have funding for transportation infrastructure. If it's necessary for us to replace all these bridges, I would rather see a thoughtful consideration of what it would cost to borrow the money and to get this done rather than to have a series of very costly intermediate patches take place. I think it's a mathematical question. And I think we should do that as soon as practicable before we get in and pass this budget. Because I believe that we're going to find if we have this capital asset management problem, this may not be the only one. If we have it, we need to employ Mr. Isackson and staff to take a look at what it's going to cost us to do this while money's still cheap and while the cost of getting these repairs done is still moderate. Because as our economy recovers, the cost of money is going to go up and the cost of jobs are going to go up. So I feel like we've got to be smart and I'd rather somebody jump on this right away and come back with some thoughtful guidelines. I certainly support approving the item, but I'm concerned with the greater issue. Commissioner Taylor? COMMISSIONER TAYLOR: Chairman, I couldn't agree with you more. And I counted 11 bridges? Page 111 May 12, 2015 MR. STOLTZ: Eleven east of Immokalee. COMMISSIONER TAYLOR: Yeah, so -- oh, now that's forbidding. East of Immokalee. And what are we looking at in terms of the number of bridges? MR. STOLTZ: We have about 115 total in the county, approximately. COMMISSIONER TAYLOR: Built about that same time frame? MR. STOLTZ: No. COMMISSIONER TAYLOR: Okay, later. CHAIRMAN NANCE: Some of them older. No, just kidding. COMMISSIONER FIALA: But you're right. MR. STOLTZ: This is basically the prioritization list that I update on a regular basis of replacements and repair needs. COMMISSIONER TAYLOR: Okay. I like the idea. Money's cheap right now, let's jump on it. It's before us. CHAIRMAN NANCE: It's a -- Commissioner, I think it's a mathematical question. COMMISSIONER TAYLOR: Yeah. CHAIRMAN NANCE: I think it's a mathematical question. What I don't want to get into is I don't want to get into the rotten apple syndrome where okay, we're eating the ones with the spots on them. And by the time we get done eating those, the ones that were good last week, well they've got spots on them so we're going to eat a whole barrel of apples one spot at a time. That's what I'm fearful that we're going to get into that sort of a scenario here. And I defer to engineers. Give us the answer. MR. STOLTZ: We're approaching that time. CHAIRMAN NANCE: I'm not telling you what to do, I'm asking, let's sit down with pencil and paper and figure out, you know, what the cheapest solution to this is. Because I don't -- MR. STOLTZ: It's replacing them. Page 112 May 12, 2015 CHAIRMAN NANCE: -- think it's one at a time. COMMISSIONER TAYLOR: It's replacing them? MR. STOLTZ: Right. And you don't want to spread it out over multiple years, because it will affect the route in repetitive years. MR. OCHS: We're happy to bring that option at your budget workshop. Just so you know, bridges aren't your only category of backlog infrastructure. CHAIRMAN NANCE: I know, sir, but that's -- what I'm saying is that is this whole -- what I'm trying to address my remarks to, sir, is the capital asset management conundrum. MR. OCHS: Yes, sir. CHAIRMAN NANCE: And, you know, give us the bad news. I'm not afraid of the bad news. Let's see if we can find -- all I want to find is a pathway out. I don't know if everyone agrees with me; maybe it's just me. COMMISSIONER FIALA: No. MR. OCHS: And we have. You know, we indicated we're $50 million backlogged in non-enterprise asset infrastructure. So -- and we'll bring that forward again during your budget workshops and give you however many options you'd like. And we're already working on that. COMMISSIONER TAYLOR: But in the meantime, in the meantime, right, we've got a bridge that needs to be shored up. And we know there's probably 11 others that -- MR. STOLTZ: Yes, ma'am. COMMISSIONER TAYLOR: -- that needs to be shored you have up. I don't want to jump the gun here and make it more complicated, but could we get something before our budget workshop about dealing with this specific issue or is that going to throw -- is that not -- do you need to look at it as a whole? Page 113 May 12, 2015 MR. OCHS: I would prefer to look at the backlog infrastructure as a whole so we can give you a complete picture. I would hate for you to pick these and we get in front of you in the budget and you say well, wait a minute, these are more important backlog priority for us to get at than these. So I'd like to have you see the larger picture. If we could get this temporary repair in place and then that will give us enough time to get and you a better overall assessment during your budget workshop in June. COMMISSIONER TAYLOR: Okay, perfect. MR. OCHS: Please. COMMISSIONER TAYLOR: Yeah, it's June. June, this is May. It's two meetings away. MR. OCHS: Right, it's a month away. CHAIRMAN NANCE: All right, there's a motion and -- is the motion for -- what's staffs recommendation, number one and number two? Which does staff prefer? COMMISSIONER HENNING: Number two. COMMISSIONER FIALA: Number two. MR. OCHS: Yes. CHAIRMAN NANCE: Okay, the motion is to approve number two. MR. STOLTZ: The installation of the load posting signs. CHAIRMAN NANCE: All right, there's a motion and a second. Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. Page 114 May 12, 2015 COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you. MR. OCHS: Mr. Chairman, I failed to complete the last item under 9F, and that should have been your next item prior to that, 11A. So if you don't mind, we can go back to that one. Item #9F RESOLUTION 2015-95: PETITION VAC-PL20140000235, TO VACATE THE 2.35-FOOT WIDE CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 4251, PAGE 1007 THROUGH 1018, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF TRACT M-1, STELLA MARIS, AND APPROVE AN AMENDMENT TO THE SETTLEMENT AGREEMENT AND GENERAL RELEASE, DATED JUNE 26, 2007, AS RECORDED IN OFFICIAL RECORD BOOK 4251, PAGES 1019 THROUGH 1024 — ADOPTED MR. OCHS: Item 9F was previously Item 17B on your summary agenda. This is a recommendation to vacate 2.35-foot-wide conservation easement in the Port of the Isles at the Stella Maris development and approve an amendment to the settlement agreement and general release. And the item was moved forward to the regular agenda at Commissioner Hiller's request. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Is there any ex parte? CHAIRMAN NANCE: Yes, sorry. We need to -- this is a hearing item. We are going to give ex parte now from commissioners, Page 115 May 12, 2015 starting with Commissioner Taylor. COMMISSIONER TAYLOR: Mr. Chairman, I was just noticing our clerk is shifting here. Can we wait just a second to give her a chance to get herself situated? CHAIRMAN NANCE: Excuse me. We have a replacement. COMMISSIONER FIALA: Shift change. CHAIRMAN NANCE: We have a shift change in the court reporter. Thank you very much. Does that mean we get brownies, ma'am, after we're done? THE COURT REPORTER: I don't have any. CHAIRMAN NANCE: Wait a minute. COMMISSIONER HILLER: Are there any speakers on this item? We're going to find out. Ms. Albers, do we have any public speakers registered for this item? MS. ALBERS: No, sir. CHAIRMAN NANCE: We do not. Okay. So we're going to do ex parte, and then we're going to swear everybody in at the convenience of the court reporter. COMMISSIONER FIALA: Are you good, Terri? THE COURT REPORTER: Yes. CHAIRMAN NANCE: Okay. Ex parte disclosure, Commissioner Taylor. COMMISSIONER TAYLOR: Nothing to declare except reading the staff notes here. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had meetings, emails, and calls. I spoke with Jeanie Kungle, who is pretty familiar with that area down there. I met with a man named Dan Truckie (phonetic). I also Page 116 May 12, 2015 went on a boat ride down there because I wanted to see what this Stella Maris was all about, what the -- I don't know what you call that little bay in there, but anyway, the body of water that they're talking about, and the homes on both sides. CHAIRMAN NANCE: Thank you. I have no disclosure. Commissioner Hiller? COMMISSIONER HILLER: I spoke briefly to the County Manager and reviewed the material. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: None. CHAIRMAN NANCE: None. All right. Well, Commissioner Hiller? COMMISSIONER HILLER: Yeah. In talking to the county manager, the question I asked was, was this settlement agreement and general release entered into because of litigation, and the answer I received was yes. And it seems to me we suddenly have a disparity standard, you know, depending on what the settlement agreement is. If there's a settlement agreement and if it's the Board's position that a deal is a deal, and the public trust is violated to modify any settlement agreements that are made pursuant to litigation or the threat of litigation, and particularly in the case where we've got conservation easements at issue, I think, you know, if-- I don't see how we're dealing with identical issues in what I assume will be completely opposite manners. You know, if-- I mean, this, I assume, should be dealt with exactly the same as Cocohatchee was going to be dealt with, you know. A deal is a deal and be done with it and deny it. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: What staff member has this item? You do? Come on up here. Don't be bashful. COMMISSIONER FIALA: Who is this? Page 117 May 12, 2015 MR. BERMAN: Marc Berman. COMMISSIONER HENNING: What's the nature of the original settlement agreement? MR. BERMAN: Excuse me? MR. KLATZKOW: I could tell you that, all right, because I was involved in that once upon a time. My recollection is that -- and this goes back a number of years. Staff had issued a Site Development Plan. The Site Development Plan included a dock. The idea why was that the residents here were primarily part time, so instead of having their boats in the water, the boats would be on dry dock, and there would be a ramp there that they can then launch. Staff, having issued the Site Development Plan sometime later, decided, wait a second, a ramp was not allowed by the Manatee Protection Plan there. So they told the developer, sorry, but we're not going to issue any permits. In between the time they issued the Site Development Plan and the time they caught their error, the developer had been selling units telling people you'd be able to keep your boat basically in dry dock and then, you know, go down this ramp. The residents were very upset because they had been sold a certain type of development. The developer disagreed with staffs interpretation of the Manatee Protection Plan and, ultimately, we sat down, and what we did was we said, okay, you can have your dry dock with a ramp, but we're going to calculate the number of boats that you have there by what would have fit under a marginal loft configuration, whatever that number was, 37, 39 boats. And that was the deal that was arrived at. The residents were happy at that point in time. The developer was happy. Staff felt it met the intent of the Manatee Protection Plan, and we took it to the Board, and it was approved. Page 118 May 12, 2015 There was never any litigation filed. COMMISSIONER HENNING: You just said a ramp is not allowed by the Manatee Protection Plan in this area? MR. KLATZKOW: That was -- this is different staff back then, but back then there was a position that they could not have the boat ramp. COMMISSIONER HENNING: And the position is different now? MR. KLATZKOW: I don't know if that position's different now or not. COMMISSIONER HENNING: Oh. Here's the gentleman that knows all about that. MR. LENBERGER: Good afternoon. Stephen Lenberger, Engineer in Natural Resources Department. The Manatee Protection Plan uses a rating system to determine whether you can have a boat ramp or not, but it's different for Port of the Islands. Port of the Islands already has a boat ramp, and the Manatee Protection Plan has a boat ramp, just one marina facility. COMMISSIONER HENNING: Well, no. The Manatee Protection Plan refers to certain areas, and one is Port of the Isles. MR. LENBERGER: Right. And Port of the Islands has special criteria. It doesn't follow the regular marina siting criteria in the plan. COMMISSIONER HENNING: It follows the plan within the Manatee Protection Plan, the certain criteria for Port of the Isles. MR. LENBERGER: Special criteria for Port of the Islands. COMMISSIONER HENNING: Special criteria, yes. Just like I think there is Wiggins and other areas that have -- that's what you're talking about, special criteria. MR. LENBERGER: That's correct. COMMISSIONER HENNING: Okay. I'm surprised that the Conservancy didn't have a -- take a position on this. Page 119 May 12, 2015 MR. LENBERGER: Port of the Islands only has the one marina there with one boat launch. The seawall basin for Port of the Islands, the number of boat slips is calculated for the multifamily using the marginal wharf configuration. You're not allowed to have an additional boat launch in Port of the Islands seawall basin and, apparently, that site plan was approved in error, which Jeff alluded to. COMMISSIONER HENNING: Okay. I just want to make sure that we're protecting the environment. COMMISSIONER HILLER: I just don't understand how this can be reversed. CHAIRMAN NANCE: Well, I -- what I'd like to know is how is this different from Haldeman Creek? It look likes we've got a conservation easement along the shoreline. We've got no boats there. I mean, are we going to be besieged by citizens that say, oh, that's too many boats now, we can't have that many boats, I don't see the boats? Are we going to have those sort of comments again on this thing? How are we going to have a path to happiness here? COMMISSIONER FIALA: They had letters of no objection. MR. KLATZKOW: And staff can correct me, because this is your deal. My understanding, what we're doing now is we're shutting down the dry dock and the ramp so there will be no boats there, so the 37 or 39 boats, how many would have been there, are now going to go back into the water. To put them back into the water, you have to take away the conservation easement. COMMISSIONER HILLER: And put in docks. CHAIRMAN NANCE: So the purpose of the conservation -- COMMISSIONER HILLER: You put in docks. MR. KLATZKOW: Yes. CHAIRMAN NANCE: -- easement was not to preserve the shoreline; it was to preclude boats. Page 120 May 12, 2015 MR. KLATZKOW: Boats, yes. So staff calculated that X number of boats are permitted. From staffs perspective -- and correct me if I'm misstating this -- they're indifferent whether it was in a dry dock with a launch or actually in the water as long as the same number of boats. CHAIRMAN NANCE: Okay. So the sole purpose of the conservation easement was to prohibit boats. It wasn't a shoreline stabilization? MR. KLATZKOW: Yes, sir. CHAIRMAN NANCE: Okay. COMMISSIONER HILLER: But it's prohibiting boats because of the Manatee Protection Plan. MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: And the Manatee Protection Plan is still in place. MR. LENBERGER: Correct. COMMISSIONER HILLER: And you gave them a wharf by exception where what you were -- it wasn't like they were being denied docks. They got a wharf where they shouldn't have gotten anything because of the Manatee Protection Plan, not that they got a wharf instead of 37 docks. MR. LENBERGER: The Manatee Protection Plan allows the multifamily units to have boat docks configured in a marginal wharf configuration. Because of the boat launch that was issued, we basically limited the number of docks that could be launched to the same number that could be parked in a marginal wharf configuration along the dock -- on the seawall, excuse me. COMMISSIONER HILLER: Did the Manatee Protection Plan allow 37 docks? MR. LENBERGER: It was, I think, 39. COMMISSIONER HILLER: So they are permitted? Page 121 May 12, 2015 CHAIRMAN NANCE: Thirty-seven boats in a -- MR. KLATZKOW: Thirty-seven boats. MR. LENBERGER: Thirty-seven boat slips. COMMISSIONER HILLER: So how many docks are permitted? CHAIRMAN NANCE: None. COMMISSIONER TAYLOR: None. MR. LENBERGER: Well, 39 boat slips. And because they built the -- they built the boat ramp, they went through negotiations, and Fish and Wildlife Service was involved where, since the limiting factor for the number of boat -- number of boats parked along the seawall is a marginal wharf configuration, they limited that the number of boats that could be launched along that -- on that boat ramp that was permitted would just be up to 39. CHAIRMAN NANCE: So boat use is equivalent? MR. LENBERGER: Correct. COMMISSIONER HILLER: Yeah. So I guess -- again, a deal is a deal. It's all about the public trust. I mean, this is -- this is -- I mean, there's no difference between this and, you know -- I mean, we're looking to change something that was negotiated by way of a settlement agreement and release, and now all of a sudden we're saying, oh, we can change. So, I mean, I just don't understand how we can take the position a deal is a deal, and we can't change settlement agreements related to issues because of public trust, but all of a sudden we can do it now. I mean, we couldn't do it two weeks ago, but we can do it now. I just don't understand. COMMISSIONER HENNING: Well, let me help. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: I totally agree, what you're saying. What's good for the goose is good for the gander; however, what I'm hearing is this was a staff error in looking into the Manatee Page 122 May 12, 2015 Protection Plan. You know, the Board is charged with protecting the environment. They didn't turn the page to find the specifics about Port of the Isles, which it is in there, and there is, in the Manatee Protection Plan, other areas within the county that has specific criteria. That is the difference. COMMISSIONER HILLER: So help me out. COMMISSIONER HENNING: The difference -- COMMISSIONER HILLER: So -- help me out. Were slips allowed back then? MR. OCHS: Mr. Chairman, could I? CHAIRMAN NANCE: Yes, sir. MR. OCHS: I'm just going to read right out of the executive summary, if you would bear with me for just a moment. Okay. The county had originally approved a boat ramp for the subject property, Stella Maris site development in 2003 but subsequently rescinded its approval due to environmental concerns that the boat ramp approval conflicted with the intent of the Collier County Manatee Protection Plan to limit the number of boats utilizing the Port of the Islands; however, the developer had already entered into numerous contracts for sale of the property based in part on the county's approval of the boat ramp, so the parties entered into a settlement agreement to avoid potential litigation. As part of the settlement agreement, the developer agreed to grant the county a conservation easement over its seawall to ensure that no boats would dock alongside the seawall in exchange for the county permitting the use of a private boat ramp that would service no more boats than could have docked alongside the seawall in a marginal wharf configuration which, county staff opined, was consistent with the intent of the Manatee Protection Plan. The boat ramp was never constructed, and now the current owner would like to vacate the conservation easement to allow for the Page 123 May 12, 2015 construction of boat dock improvements in place of the previously contemplated boat ramp. County staff and the owner agree that the intent of the Manatee Protection Plan will be preserved by allowing the construction of boat docks to accommodate a maximum of 39 boats, each of no more than 22 feet in length, which is consistent with the maximum number and size of boats that would be permitted under a parallel marginal wharf configuration along the seawall. COMMISSIONER HILLER: Yeah. Thank you so much. And so here's my point. It does make sense to modify the settlement agreement. MR. OCHS: The ramp was never built. COMMISSIONER HILLER: But that's not the issue. It does make sense that this is a better alternative than what was proposed, whether it was built or not, because remember a deal is a deal; whether he chose to build it or not is irrelevant to the issue. So I am going to move to approve this, but it goes to show the absolute unfairness of this notion of a deal is a deal and can't be changed no matter what the change in circumstances are and that a better alternative is available. And I find it absolutely ludicrous that we have such double standards and deal in such unfairness. So that being said, I make a motion to approve. COMMISSIONER HENNING: And I'll second the motion because Steve has told us it was, you know, staff looking at the Manatee Protection Plan in detail for this specific area, and it is allowed. So we're correcting what should have been corrected a long time ago. I'll second the motion. COMMISSIONER HILLER: And that's not exactly the case because he wanted to build that dock and he wanted the dry docks. CHAIRMAN NANCE: And I -- COMMISSIONER HILLER: Which is what he had promised, Page 124 May 12, 2015 which is why it converted to the other alternative. But that's neither here nor there. I mean, it's an option that, you know, this community wants. It's an option that is a change, which is permitted by law, just like in the previous circumstance where we had both staff recommend approval and the Planning Commission recommend approval. And this is -- you know, however you want to look at it, the other deal was -- the other modification was considered legal and within the four corners of what was allowable, just like this is. And so, as I said, thank you for the second and, you know, I don't like the fact that we act inconsistently on, you know, these kind of questions. CHAIRMAN NANCE: I support what Commissioner Henning and Hiller have said. I believe they're correct. I remain open to thoughtful changes where they produce the best long-term outcome. Any further comments? (No response.) CHAIRMAN KAUFMAN: Hearing none, there's a motion and a second. All those in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HET NING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: It passes unanimously. Item #1 1 B Page 125 May 12, 2015 CONFIRMING PRIOR AUTHORIZATION TO PURCHASE ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS FROM LOCAL FORD DEALERSHIPS UNTIL A NEW SOLICITATION CAN BE FINALIZED, WHETHER OR NOT THE EXPENDITURES EXCEED $50,000, AND DIRECT FINANCE TO PROMPTLY PAY ALL OUTSTANDING AND FUTURE INVOICES THAT ARE OTHERWISE APPROPRIATE - MOTION TO PAY INVOICES TO DATE AND FOR STAFF TO BRING EXPENDITURES OVER $50,000 BACK TO THE BOARD FOR RATIFICATION — APPROVED MR. OCHS: Mr. Chairman, that takes you to Item 11B, which was previously Item 16E6. That was a recommendation that the Board affirms and confirms its prior authorization to purchase original equipment/manufactured parts from local Ford dealerships until a new solicitation can be finalized whether or not the expenditures exceed $50,000 and direct finance to promptly pay all outstanding and future invoices that are otherwise appropriate. And Commissioner Taylor moved this item for discussion to the regular agenda. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: And, Mr. Ochs, I had requested some backup material and didn't get it, so I guess we're going to get it now. So I would be very interested in -- MR. OCHS: Are you referring to the price list that we spoke about, ma'am? COMMISSIONER TAYLOR: Just -- I am referring to -- and maybe the clerk can help, as she's been authorizing, I don't know. But I'm not sure what I'm paying for here or what the -- what the -- what the reference is. I mean, I've -- whether or not expenditures exceed $50,000 -- and Page 126 May 12, 2015 it's like an ongoing "this is what I want to do going forward until we get a contract." The contract is supposed to be, from our notes, next month. But it's a little too loosey-goosy for me. MS. PRICE: Commission, if I could just remind you how this occurred. We've always had contracts in place for these types of parts. The last time that we bid it, we added in some language so that we could maintain compliance with our grants, and in doing so, I guess we confused our vendor. And so the vendors who submitted bids didn't comply with the terms. And so we got no vendors on contract; therefore, we came to the Board, and we asked permission to simply purchase parts so that we can continue our operations until such time as we got contracts in place. And, you know, we've gone through that process, and next meeting we will bring you those contracts. So as a stopgap measure we asked for your permission to go ahead and purchase parts. As it turns out, both of the vendors that we generally use have been giving us discounted pricing. They haven't been charging us full retail, but -- COMMISSIONER HENNING: I hope so. MS. PRICE: And that's because we've been doing business with them for so long. But nonetheless, we were kind of in a bind. That's not the way we prefer to do business. Obviously, we always want to have contracts for these types of purchases, you know, so that we've got, you know, guarantee discounted prices and what have you. But, you know, we were just kind of in a bind. COMMISSIONER TAYLOR: What are the -- but what are the outstanding invoices? I guess I just wanted to see some -- it's just such a broad umbrella to be under. I don't have any reference. I mean, just what do we owe, and what do you need to pay and all those good questions that -- and that's all I needed. MS. PRICE: At this point, I'm not aware of any invoices that are Page 127 May 12, 2015 past due, but we had -- we had had questions from the Clerk of Courts regarding the payment of them. There were questions as to whether or not we were authorized to go over the $50,000, which is generally our noncontract thresholds. So we just wanted to bring this item back to clarify that when we brought it to the Board the first time, our intent was to be able to use it until we had the contract, and we didn't -- we couldn't put limits in place because we didn't know what they might be. So at this point I'm not aware, necessarily, of any invoices that are past due, but I want to make sure that we gave all the cover necessary for the Clerk to be able to pay any invoices up to this point and any invoices between now and until we get the contract in place. COMMISSIONER TAYLOR: Okay. All right. CHAIRMAN NANCE: Ms. Price, let me just confirm one thing with you. What's occurred with these grants is the grants require the use of original equipment parts; is that what's happening? MS. PRICE: They do, but it was actually grant compliance language that -- you know, as the government continues to look for full transparency in grants, they've tightened up the compliance requirements, and so we've started making sure that all of our contracts that may use any grant funding has this language in it. And, like I say, when our vendors put forth their -- their bids, they didn't understand that there were some changes in the way -- the formatting that they needed to provide their pricing, and so they didn't comply. CHAIRMAN NANCE: And those are the people that we've traditionally had contracts with, and that's required us to go to people that don't currently have county contracts, and perhaps we need to do business with some of those that really aren't that interested in doing business with the county; is that the case? MS. PRICE: I'm not sure if it is or it isn't. Our vendors now Page 128 May 12, 2015 understand what was needed from them -- CHAIRMAN NANCE: Okay. MS. PRICE: -- and so in this next bid we've got -- you know, we've got the vendors that we need. CHAIRMAN NANCE: So they're not traditional vendors for us, for whatever reason. MS. PRICE: No, they are. CHAIRMAN NANCE: They are, okay. All right. But there's advanced requirements that they weren't aware of for these -- MS. PRICE: That's correct. CHAIRMAN NANCE: -- particular vehicles? MS. PRICE: That's correct. CHAIRMAN NANCE: So if we don't do this, we're going to have to park these vehicles because we're not going to be able to repair them; is that the case? MS. PRICE: If we can't get payment on these, at some point our vendors are going to cut us off CHAIRMAN NANCE: And we're not going to be able -- MS. PRICE: And we're not going to be able to do business. CHAIRMAN NANCE: All right. 10-4. Commissioner Henning? COMMISSIONER HENNING: Ms. Price, anybody that has a tax ID number is going to get a discount. We've never been -- hopefully we've never been charged retail price. MS. PRICE: Not that I'm aware of, no. COMMISSIONER HENNING: Yeah. So I think that was a misstatement that we're not being charged retail. We've never been charged retail. COMMISSIONER FIALA: But without a contract? MS. PRICE: No, no. We have never paid retail. My point was that, with absent a contract we didn't have a guarantee of a specific Page 129 May 12, 2015 either price off or what have you. That was my only point. COMMISSIONER HENNING: It's probably going to be different than the average user that has a tax ID number, I would imagine. MS. PRICE: Of course. COMMISSIONER HENNING: So I'll be looking forward to that. Next meeting, right? MS. PRICE: Next meeting. COMMISSIONER HENNING: No more delays? MS. PRICE: Not that I'm aware of. COMMISSIONER HENNING: Because we were told that it takes 30 days for solicitation, and it comes to the Board's agenda. MR. OCHS: Well, it takes 30 days, normally, to advertise the solicitation, yes, sir. Then you have to get the bids, open them, do the staff analysis, schedule that for a board meeting, get through the review committee, and bring it to the Board. That's the process we've been engaged in since January when you -- COMMISSIONER HILLER: So how long will it be? MR. OCHS: Next meeting. COMMISSIONER HILLER: Oh, is it coming forward? MS. PRICE: Yes. COMMISSIONER HILLER: Because you were already in the pipeline? MS. PRICE: It's already in the pipeline. COMMISSIONER HENNING: Okay. I heard that thunder. MS. PRICE: I think that means that -- COMMISSIONER HENNING: Right after you talked. MS. PRICE: -- that it's so. CHAIRMAN NANCE: He hears us. MS. KINZEL: Commissioner Nance? CHAIRMAN NANCE: Yes. Page 130 May 12, 2015 MS. KINZEL: For the record, Crystal Kinzel with the Clerk's Office. One of the issues that we had brought to Ms. Price's attention, we really need a little more specificity to what the approval here is. The Board -- it's very general to say all outstanding invoices -- which I'm not even clear that I know that total population as it exists for your approval -- and future invoices however, they exist. That's predetermining without any evidence of what it is you're actually approving. So I need a little more guidance. And we had requested that perhaps a list of the outstanding invoices be attached as well as specificity to the vendors to be used and the discount rates to be paid and/or if we were using a pricing list from the prior contracts that had expired. We understood in January there was a little bit of an issue. We've been working with them. But the last executive summary also said within the county's ordinance, which was the 50,000. It has now exceeded that. We're up into about 85,000 in expenditure. So I do need some specificity or guidance for Board approval. MR. OCHS: What have we been using to pay so far? MS. KINZEL: We had paid, based on the last executive summary in January, up through the 50,000 based on the pricing from the prior contract, but we have no explicit approval from the Board to do that or to continue anything over 50-, if you go back and read the last executive summary. MR. OCHS: Well, I did. MS. KINZEL: At this point in time, even local vendor -- which vendors are we talking about? MR. OCHS: It was specified in the -- MS. PRICE: Currently we're using Tamiami Ford and Galloway Ford. Those are the two that we traditionally use unless neither of those two have pricing. Page 131 May 12, 2015 Again, we came to you because we didn't have a contract. I can't hold either of these two vendors to a specific pricing beyond list because I don't have a contract with them. They've been offering us discounted pricing, but I don't have a contract that I can hold them to because the contract expired, and we started working on that; nor can I tell you right now exactly what parts I'm going to need between now and, you know, the time we get the contracts in place or the dollar value. When we came to you in January, I thought that our executive summary was clear, that we were going to use these local vendors, and we left it open to local vendors, because if Tamiami and Galloway happen to be out of a specific part that we need, then we want the flexibility to be able to go to another local Ford vendor. There are a number of them locally. Generally, their price lists -- their list prices are generally the same because they -- you know, these are OEM prices, so they get them from Ford. So most of the time they're the same anyway. But we needed the flexibility to be able to get the parts that we need when the repairs are necessary. Generally it's been these two vendors. And I'm not aware that we needed to go to any others during this six-month period, but I can't tell you that tomorrow we wouldn't call and ask for parts and find ourselves having to go to one of the other vendors. MS. KINZEL: And, Commissioners, I can maybe -- no, I can maybe add a solution. The Board has, obviously, a lot of leeway in approving items. You can ratify staffs action in the same way you would have approved it originally. So if she does not have a list right now of what is moving forward, I would just ask that by the time we're asked to pay the bills that the Board be provided a list of the invoices with the -- and it can be a link to the actual invoices -- but that the Board then approve those Page 132 May 12, 2015 invoices for payment so that we have specificity on what vendors and what it is you're actually looking to approve. COMMISSIONER HILLER: I'd like to comment. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Henning. COMMISSIONER HILLER: Yeah. And, you know, Ms. Kinzel, that is, in effect, what goes on already every single board meeting when we approve the list for expenditures prior to disbursement. So, you know, you're asking to do something which is a practice that is in place and has been in place for years. I don't see for -- any need for us to do any more than what we already do. So, you know, your request for additional detailing and then to turn around and say but you could do this in the alternative, well, the good news is the alternative is what's already happened and has happened forever. So I really don't see what we're doing here. COMMISSIONER HENNING: I'm going to make a motion -- motion to approve to pay the invoices to date. CHAIRMAN NANCE: Second. COMMISSIONER HILLER: What about the prospective invoices? Because their issue is not what is now, because what's now, obviously, like I say, comes up on our, you know, bimonthly meeting agenda. That's not an issue. The issue is their ability to have the assurance that they can go forward without the Clerk not paying these vendors, and that's the concern. And if I understand, the concern is because the Clerk now is alleging that the total exceeds 50,000. And my question to you on that is, how exactly is it going over 50-? I mean, do you have -- are you purchasing more than 50,000 with one vendor, or -- you know, if you've got multiple transactions with multiple different vendors, then I don't see, as long as you're staying under 50,000, where the issue is. Page 133 May 12, 2015 MS. PRICE: We have exceeded $50,000. COMMISSIONER HILLER: With one vendor? MS. PRICE: With -- potentially with both of our vendors. That was the reason we came to you. Under 50,000 we can do -- COMMISSIONER HILLER: So the issue for you is because you don't have a contract over the 50,000, you wanted the assurance that it still will be paid. And do you know how much -- and when is that -- the contract is going to be approved when? MS. PRICE: The 26th of May. COMMISSIONER HILLER: The 26th of May. So that's in how many weeks? MR. OCHS: Two. MS. PRICE: Two. COMMISSIONER HILLER: Okay. I'm just -- listen, I don't have a calendar in front of me. What do I know? MS. PRICE: I was questioning myself. That was more for me. COMMISSIONER HILLER: So your concern is for the expenditures as approved today, in excess of 50,000 for this two-week period; is that what we're talking about? MS. PRICE: In the aggregate since January, correct. COMMISSIONER HILLER: Well, we're already -- MS. PRICE: We will not be spending $50,000 in two weeks. COMMISSIONER HILLER: No, but you're concerned only about the approval of the excess over $50,000, because that's the issue that's not -- MS. PRICE: That was the issue in question. COMMISSIONER HILLER: -- that's over the threshold. MS. PRICE: Right. COMMISSIONER HILLER: So you just want to basically extend the policy that we have up to 50,000 to include the excess for what has been expended between January and May 26th? Page 134 May 12, 2015 MS. PRICE: Correct. Our current policy allows for purchases up to $50,000 without Board approval, and it requires board approval after 50,000. That's why I'm here talking to you. COMMISSIONER HILLER: Well, no. You actually get board approval up to 50,000 by the ratification in the agenda. MS. PRICE: Correct. COMMISSIONER HILLER: So the question I have is, what you want is to be able to apply the same -- because that contract expired -- through January -- through May, between January and May, correct? CHAIRMAN NANCE: Let me see if I can help. Commissioner Henning, you made a motion to approve the -- COMMISSIONER HILLER: Wait, wait. I want to -- can I get all the facts before we -- we're still under discussion, so I want to make sure I understand all the facts before we go to the motion. Because the current motion doesn't address the issue that staff has, because they don't have -- COMMISSIONER HENNING: Well, staff needs -- CHAIRMAN NANCE: Well, ma'am, I was going to make an amendment to my second and request -- COMMISSIONER HILLER: What's the reason you didn't get the contract? MS. PRICE: We didn't get any bidders, any qualified bidders. COMMISSIONER HILLER: Oh, so you had to put it back out to bid? MS. PRICE: We had to put it back out to bid. COMMISSIONER HILLER: Oh, I see. I understand. So it was not issue -- you know, it was beyond your control. It wasn't that staff did anything incorrect like wait too long or anything like that. It's interesting you didn't get any qualified bidders. MS. PRICE: As I say, it had to do with changing the requirements in the bid documents. Page 135 May 12, 2015 COMMISSIONER HILLER: Yeah. MS. PRICE: And our vendors didn't realize that. COMMISSIONER HILLER: I see. Well, that's -- you know, well, I mean, ratification is permitted by law, and we can do it, and we do that with all these other purchases up to 50,000. But it's nice that you brought it forward. MR. OCHS: Again, it was an affirmation just to try to clarify what the Board had -- COMMISSIONER HILLER: Yeah. And, really, the issue is for the amount in excess of 50,000 not under contract and not under contract through no fault of staff because there were no bidders, and you had to redefine your bidding parameters. CHAIRMAN NANCE: Commissioner Henning, as the motion maker, would you be amenable to adding the language, "and further reauthorize staff to continue to purchase original equipment manufacturer OEM parts from the local Ford dealerships until a new solicitation can be finalized on 5/26"? COMMISSIONER HENNING: Well, we don't know what the expenditure's going to be, and there's no problem with them bringing it back after the fact for approval. COMMISSIONER HILLER: And that's what should be in the motion, exactly that. COMMISSIONER HENNING: Right. COMMISSIONER HILLER: So just add that to the motion. COMMISSIONER HENNING: If we're approving the expenditures up till now, it will have to come back anyways. COMMISSIONER HILLER: Right. But just -- to direct them to come back for ratification. COMMISSIONER HENNING: Yeah, right. COMMISSIONER HILLER: Which they do automatically anyway. Page 136 May 12, 2015 MS. PRICE: Now, are we talking about ratification along with the check register or as a separate Board item? COMMISSIONER HENNING: Separate Board item. COMMISSIONER HILLER: It doesn't make a difference if it's part of the register or the Board. You can just mention to us that -- you know, you can highlight it to us in the register. COMMISSIONER HENNING: But the registers are based upon approved contracts. MR. OCHS: No, sir. MS. PRICE: No, sir. All checks. COMMISSIONER HILLER: No, sir, absolutely not. It's everything. Every single check, and serves to ratify what doesn't have contracts, you know, in that bracket. COMMISSIONER HENNING: Okay. I'll modify my motion then. CHAIRMAN NANCE: And the second. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: Further discussion? (No response.) CHAIRMAN NANCE: We have a motion and a second. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER TAYLOR: Opposed. COMMISSIONER HILLER: And I have to say, I appreciate staff coming forward and requesting this but, technically, you didn't have to, because if you brought it forward afterwards and we ratified -- now, of course, in light of the litigation, I can understand why you did Page 137 May 12, 2015 what you did. So thank you for -- CHAIRMAN NANCE: Okay. The motion passes 4-1 with Commissioner Taylor in dissent. Item #11C THE BOARD OF COUNTY COMMISSIONERS ACKNOWLEDGES THE SELECTION OF OUTSIDE COUNSEL AND APPROVES PAYMENT OF COUNSEL IDENTIFIED IN THE BACK-UP MATERIALS TO THIS ITEM TO REPRESENT LEO OCHS AND JOANNE MARKIEWICZ IN THE CASE STYLED DWIGHT E. BROCK V. LEO E. OCHS, JR., AS MANAGER/ADMINISTRATOR OF COLLIER COUNTY AND JOANNE MARKIEWICZ, AS PURCHASING AND GENERAL SERVICES DIVISION DIRECTOR, CASE NO. 11-2015-CA- 000595-0001-XX, IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL DISTRICT IN AND FOR COLLIER COUNTY, FLORIDA, AND IN ADDITION TO WAIVE THE PURCHASING POLICY TO THE EXTENT IT APPLIES TO THE SELECTION OF OUTSIDE COUNSEL AND/OR OTHERWISE EXEMPT THE SELECTION OF OUTSIDE COUNSEL FROM COMPETITION PURSUANT TO PURCHASING ORDINANCE SECTION ELEVEN, PROCUREMENT OF PROFESSIONAL SERVICES — APPROVED MR. OCHS: That brings us to -- excuse me -- to Item 11C, which was previously 16F2. That was a recommendation to acknowledge the selection of outside counsel and approve defense costs for myself and Ms. Markiewicz as previously authorized by the Board at the last meeting. Commissioner Henning has moved this to the regular agenda. Page 138 May 12, 2015 CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Thank you. Jeff, I want to clarify. This is a lawsuit by the Clerk on the same issue; is that correct? I mean, there's, you know, no lawsuit on either party, the County Manager or the Purchasing Director, that is different, right? MR. KLATZKOW: If you're saying that the County Manager and the purchasing director share the same common interest, the answer is yes. COMMISSIONER HENNING: Okay. Is there any reason preventing -- from using one attorney instead of this executive summary hiring two separate attorneys? MR. KLATZKOW: That's between Leo, Joanne, and the Board. COMMISSIONER HENNING: Okay. So, legally, it can be done where we can hire one attorney? MR. KLATZKOW: Yes. COMMISSIONER HENNING: Okay. And that was my -- my only concern about this is at the end of the day the taxpayers are going to lose and the lawyers are going to win. We've got a lawyer on the Clerk's side; taxpayers' going to pay for that. And what's being recommended here is two lawyers; the taxpayers are going to pay for that. So all I'm saying is, one representative for both the employees. That's where I'm at. CHAIRMAN NANCE: Mr. Klatzkow, I have one question on that. Ms. Markiewicz is not a contract employee of the Board of County Commissioners, is she? MR. KLATZKOW: No, she is not. CHAIRMAN NANCE: Is the agreement and the responsibility of the Board to defend its employees in the event they're sued for dispatching their responsibility as we so indicate that they should, is that -- is the protection that Mr. Ochs is provided under his Page 139 May 12, 2015 employment contract the identical protection that we are bound to provide Ms. Markiewicz? MR. KLATZKOW: The obligation arises out of law, and you have a resolution that implements it. It does not arise out of Mr. Ochs' contract. So you have a board policy that implements Florida law as far as getting legal representation for employees involved in suits. CHAIRMAN NANCE: But Mr. Ochs has a choice to do what he wants to do, does he not, and we have a responsibility to compensate him? I mean, he has to respond to the suit that's been filed against him; does he not? MR. KLATZKOW: Yes, he does. CHAIRMAN NANCE: Who makes that decision how that response is made? MR. KLATZKOW: At the end of the day, the decision is Mr. Ochs', okay. Your decision is whether or not you want to authorize two separate counsels or tell the employees to use one counsel. Their interests are identical. They don't -- they're not being sued for any financial matter here, all right. They're being sued for implementing your policy, which the Clerk is challenging. Unless their interests start to become unidentical, you could use one counsel. MR. OCHS: Mr. Chairman? CHAIRMAN NANCE: Mr. Ochs, I would just like to know, personally, what is your preference? MR. OCHS: I would prefer to have my own counsel. In fact, this board authorized at the last meeting for both Ms. Markiewicz and I to retain counsel, and we have. CHAIRMAN NANCE: And you have done so? MR. OCHS: Yes, sir. CHAIRMAN NANCE: Okay. MR. OCHS: This item says for the Board to acknowledge the Page 140 May 12, 2015 selection of the counsel. It doesn't say to reapprove what you already approved at the last meeting. CHAIRMAN NANCE: Yes, okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I don't see how you can have the same counsel. You were -- this is not a class-action lawsuit. You guys were sued individually, and you both hold two very different positions within the county. And I think if there's anywhere for a waste of tax dollars is the fact that the Clerk has sued you. And but for his suit, we wouldn't be dealing with this expenditure of funds which is, unfortunately, always the case when you get sued. You have to defend, and there is a cost to that defense. And you're both entitled to individual representation, and I don't see how we, as a board, can do otherwise but follow through with what we have already approved. So I make a motion to approve their individual representation. CHAIRMAN NANCE: I will second that. Commissioner Henning. COMMISSIONER HENNING: Well, yeah. I don't know if you need a motion on it if we already approved it to -- COMMISSIONER HILLER: No, I don't think we do either, but just -- COMMISSIONER HENNING: -- to hire a lawyer to, you know, look at the law, which the law says that the County Manager's in charge of negotiating contracts and agreements subject to the Board's approval. That's the issue is what's the judge going to see? Is he going to see that as the county manager can't approve contracts? So I'm concerned that this is going to broaden it, and we're going to drag it out just like we did in 2005. COMMISSIONER HILLER: The Clerk can always drop his suit against Joanne Markiewicz or -- Page 141 May 12, 2015 COMMISSIONER HENNING: And illegally pay contracts? COMMISSIONER HILLER: You can argue it just against Leo, and I believe the Board will prevail. COMMISSIONER HENNING: I'll bet you on it. COMMISSIONER HILLER: Okay. How much? CHAIRMAN NANCE: Well, wait a second now. No side bets on legal action, for heaven's sake. I just think we have a responsibility to allow our employees to defend themselves as they see fit. I am -- I'm sorry that the messenger is getting sued because the Clerk doesn't like the message. I don't think it's going to help resolve it. I would have preferred that the Board of County Commissioners was the subject of the lawsuit, but it's not. And I feel like we have an obligation to defend our employees when they took action based on the policies that we supported, and we directed them to act within those. And I, personally, as a commissioner, do not want to meddle in Mr. Ochs conducting his defense as he sees fit. I think that would be very, very unfair to him, and the same for Ms. Markiewicz, so... COMMISSIONER FIALA: And I agree with that. Call the question. CHAIRMAN NANCE: Is there any other comments? Commissioner Taylor? COMMISSIONER HILLER: Who seconded -- who seconded my motion? CHAIRMAN NANCE: I did. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: Okay. There's a motion and a second. Any further discussion? (No response.) CHAIRMAN NANCE: Seeing none, all those in favor, signify Page 142 May 12, 2015 by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: It passes 4-1 with Commissioner Henning in dissent. Item #14B1 STAFF AND THE MSTU ADVISORY BOARD'S RESPONSE TO MR. BOB MESSMER'S PUBLIC COMMENTS AT THE APRIL 28, 2015 BCC MEETING - MOTION TO ACCEPT STAFF'S RESPONSE — APPROVED MR. OCHS: Commissioners, that takes us to Item 14B1 . This is a Community Redevelopment Agency item, Mr. Chairman, so the Board may want to go into session as the CRA board. CHAIRMAN FIALA: The CRA meeting is open. MS. JOURDAN: Good afternoon. For the record, Jean Jourdan, CRA Operations Manager. I'd just like to let you know, though, however, the CRA manages the Bayshore Beautification MSTU, the Bayshore Beautification MSTU is governed by the Board of County Commissioners. COMMISSIONER HILLER: Oh, so it's not a CRA issue? MS. JOURDAN: This is their project, so... COMMISSIONER HILLER: So we shouldn't be CRA then, is what you're saying? Hang on a second. MS. JOURDAN: Yeah. If you're going to be making -- taking Page 143 May 12, 2015 action and making some sort of vote based on governing the Bayshore Beautification MSTU, I would say, yeah, you would want to convene as the BCC. COMMISSIONER HILLER: Yeah. So we should not be convening as the CRA, Leo. MS. JOURDAN: And that's my fault. I'm the one who put it under CRA. COMMISSIONER HILLER: Okay. So it's just -- CHAIRMAN FIALA: Closed. COMMISSIONER HILLER: That was awesome. CHAIRMAN FIALA: Thank you. CHAIRMAN NANCE: County Commission back open. MS. ALBERS: Mr. Chairman, you do have public speakers on this item. MR. OCHS: Well, let's go ahead and, if you don't mind, Commissioners, get a brief presentation from staff. CHAIRMAN NANCE: From staff, and then we'll have the public speakers. MS. JOURDAN: Yeah. I'm here today based on the BCC asking staff to come and address public comments that were made by Mr. Bob Messmer. I have here before me the professionals who actually have recommended and done all the work on this project. It's a streetscape project for Thomasson Drive. I'd first like to call up Ms. Beth Brainard. She is with the Naples Pathway Coalition. She's actually been sitting here all day on her own time and accord and has been so nice to stay here so that she could actually speak on this. MS. BRAINARD: Hello, I'm Beth Brainard. I'm the Executive Director of Naples Pathways Coalition. We had been brought into this issue quite a while ago. We were Page 144 May 12, 2015 contacted by Mr. Messmer, who asked us to look at the three plans that were proposed for the bike paths and to give our opinion as to which one we thought was the safest. We have no financial stake in this. All we cared about was what was the safest, so we looked at it in terms of safety, and we looked at it in terms of maintenance issues that were related to safety. The members of our board are experienced cyclists. They are both sports cyclists and recreational cyclists. In addition, one of our board members, Joe Bonness, is also a builder of roads, so he has a very deep and thorough understanding of construction issues. And what we told Mr. Messmer and the MSTU, is that we believe that Option 1 was the best option, and that is the bike path along the street. And the reason we thought that was because it was safer and could be maintained more easily. Option 2 -- and I'm not sure if you have these in front of you or if you know what I'm referring to at this point. Maybe -- you have them up there, okay. MS. JOURDAN: They're not up yet. MR. TREBILCOCK: I can put it on the visualizer if you want. MS. BRAINARD: And while we're waiting, I just wanted to say that we do thank Mr. Messmer for his concern over cycling safety. And while we don't agree with him, we do think it's commendable that he cares so much that, you know, he did bring us into this, so we thank him for that. COMMISSIONER HILLER: Which option was approved by staff and the advisory board? MS. JOURDAN: Option 1 . COMMISSIONER HILLER: So the same option that Beth is recommending? MS. JOURDAN: Correct. And the same option that was recommend by the engineers and the planners. Page 145 May 12, 2015 COMMISSIONER HILLER: So Mr. Messmer's concern was bicycle safety. And in the opinion of the pathways coalition, in the opinion of our expert, and in the opinion of our staff and in the opinion of our beautification advisory board, No. 1 does provide the necessary safety to protect the cyclists which, to me is, of course, of great concern as well, because I'm an advocate for the safety of the vulnerable users. So I completely -- I mean, I appreciate Mr. Messmer's bringing this matter to our attention, but in light of the consensus position that safety is being achieved, I think that's what we should respect. I'm not sure that more -- COMMISSIONER FIALA: Presentation -- oh, I'm sorry. COMMISSIONER HILLER: But I'm not -- I guess my point is, I'm not sure that more needs to be done to address this issue if the choice that has been selected by what's clearly a large number of individuals who have a high level of understanding of this issue -- I'm not sure, you know, that anything further needs to be done since it was already approved as the design. COMMISSIONER FIALA: Would we like to hear their presentation? COMMISSIONER HILLER: But we're not -- no, we don't -- we've already approved this. What Mr. Messmer wanted was to change what had already been approved. This is already accepted. CHAIRMAN NANCE: Yeah. I'm ready to accept staffs response. COMMISSIONER HILLER: Right, yeah. COMMISSIONER FIALA: Me, too. I'll make a motion to approve. COMMISSIONER HILLER: And I'll second it. Thank you. CHAIRMAN NANCE: Further comments? MS. ALBERS: Do you want to have the public speaker? Page 146 May 12, 2015 CHAIRMAN NANCE: Public speakers, yes, ma'am. MS. ALBERS: The first public speaker is Mr. Robert Messmer. MR. MESSMER: My name is Bob Messmer, a member of the Bayshore Beautification MSTU Advisory Committee. I've previously given you background letters, and I spoke to you at your April 28th meeting. And thank you, Commissioners -- COMMISSIONER HILLER: Can you speak into the mike so we can hear you a little better. It's hard to hear. MR. MESSMER: Can you hear me now? COMMISSIONER HILLER: Thank you. Leo, can you check the mike, because I'm not hearing Mr. Messmer that clearly. MR. MESSMER: Can you hear me now? COMMISSIONER HILLER: Yeah. That sounds better. Thank you. MR. MESSMER: Anyway, I'd briefly given you background letters a few weeks ago, and I spoke to you on April 28th. And, thank you, Commissioners, for asking the -- Mr. Ochs to look into this safety issue again. At the Bayshore Beautification Committee's last meeting, May 5th, this bicycle lane issue was again discussed by the committee. Previously, the consulting engineer, staff, and six committee members, not including myself, stated that the only reason they preferred Option 1 is because it is less expensive. On May 5th, staff and the six committee members now claim Option 1 is also safer. They now believe that bicycle lanes directly adjacent to vehicle lanes separated by only a white line is safer than building bicycle pathways away from vehicle roadways separated by distance, curbs, landscaping, and stormwater drainage swales. That logic baffles me. That concludes my remarks. COMMISSIONER HILLER: Thank you. Page 147 May 12, 2015 CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I know that on Bayshore you have painted those green lines there, the green bicycle path, and I just wanted to ask you, have you ever had an accident since you've painted them? MR. TREBILCOCK: Good afternoon. For the record, my name is Norman Trebilcock. And, yes, we checked with staff on the record safety for the on-street bike lanes and got the accident reports for that. And since 2013 there's been five accidents on those bike lanes. No fatalities. One was a pedestrian that was in the bike lane that stepped into traffic. Three others were at intersections where a vehicle, a car, failed to yield to the bicycle. So whether it was in the sidewalk or on the bike lane, it wouldn't make any difference. They just failed to yield. And one was a bicycle going the wrong way on the bike lane. So, you know, the key thing with this, the on-street bike lane, it does offer alternatives for the bicyclists. The more experienced bicyclists can use the on-street bike lane, and then that leaves the sidewalk safer for the pedestrians, and then the bicyclists -- the bicyclists can still be on sidewalk, but they'll tend to be the ones that are riding a little slower. So it recognizes the different users and differentiates them as well. COMMISSIONER FIALA: I read some other things about putting the sidewalk separate from the street altogether with grass in between, and I'm trying to recall. But what I do remember is something about, being that there's grass in between it, then you would have some problems with erosion and water and stuff; is that it? MR. TREBILCOCK: Well, there can be maintenance issues with the one alternative where you have the travel lanes, and then next to it you have a grass strip, then you have a bike lane, and then further away you have a sidewalk. It's a little unorthodox, especially the Page 148 May 12, 2015 context of where we're at in a suburban setting. But you're right, there can be some maintenance issues. One thing to understand is your bike lane, it really does double-duty on a section like this. It also kind of serves as your paved shoulder to protect the roadway. So when we looked at the other options, we actually had to extend the width of the pavement a bit, because we want to protect that edge of the roadway, because that can be a drop-off type area or something like that from the vehicles running. So that can be a safety issue. And, again, it's an unintended consequence of when we do something, okay, we widen the roadway out. Well, those experienced bicyclists, they can be on the road, so they'll tend to want to be on that wider lane. So we've given them less width than we give them when we really provide a designated on-street bike lane. So -- and contrary to Mr. Messmer, you know, the committee -- I wasn't at the December meeting, but I listened to the tape twice, and they discussed a number of varying issues, and cost was not the only factor. Of course it's important, but there's permitting, there's context, there's continuity. You know, this section of roadway is a missing link. Thomasson Drive to the east has on-street bike lanes. Bayshore Drive to the north has on-street bike lanes. This is a missing link. By putting this in there, we're going to connect a link. Those kind of things that create continuity, that's a good thing. That adds to safety in the long run. So it is very important. And your committee worked very diligently to debate the various issues. You know, other committee members thought of the safety issue, too, but balancing it all out, you really have coverage in this. It's consistent with your sections -- your Land Development Code, state criteria, and local criteria. COMMISSIONER FIALA: Thank you. Page 149 May 12, 2015 CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Yeah. There is added safety when you have an on-road bike lane. When you consider the different types of users like, for example, a Peloton when you have the -- you know, more advanced cyclist, the alternative, as described by Mr. Messmer, is actually unsafe. And then to have the roads not have that bike lane, that on-road bike lane for a Peloton and only have the other is unsafe. So, you know, very clearly, if you're looking at optimizing which option -- not to be redundant with the word "optimizing" and "option" -- is the best for the largest number. It's very clearly the one that you've picked. And, you know, if we have Beth here from the Naples Pathway Coalition endorsing the selection, you know, recommended by staff, then I have to say I can't question that. MS. BRAINARD: Thank you. I just wanted to make a point to yours. And along with Pelotons, it goes to the casual rider as well. But when you have an off-road path that's not on the street, what you're doing, in a urban area like this where you have all sorts of driveways, is every one of those driveways is a contact point. So someone that pulls out of their driveway, they don't stop at the sidewalk. They stop at the street. So what you've done is add a second set of contact points all the way along Thomasson Drive. If you keep the cyclist on the street, there's only one. That's why multi-use pathways are so wonderful in more rural areas where you have long stretches of land with no interruptions and no contacts. It's safer. Another consideration, also, is if you go with this bike path, then what you need to take into consideration is the speed on the road, because what you need -- when bicycles are safe on the road is when there are traffic-calming mechanisms in place where they're not high-speed, you know, thoroughfares. Page 150 May 12, 2015 And, also, you've got Avalon school, and I wanted to make the point that you could -- this would be a wonderful opportunity for the county to work on the new Safe Routes to School program, because you could work with that as you redo this street. You have a wonderful new director in that program who is anxious to work with all the schools, so Avalon might be one that you would consider as you do this program. COMMISSIONER HILLER: It's a great suggestion, Beth. The point that you made about the intersection of the driveways with a pathway is something we considered when we were designing the Vanderbilt Drive multi-use pathway -- well, what do you want to call it? Not pathway. Whatever it's called. You know the -- you know what I'm talking about. And the issue there is exactly the same, which is why one of the things that, you know, we were very concerned was that we would consider expanding the on-road bike lane down that corridor, because there is no way that combining, you know, the cyclist and, you know, an elderly couple doing an evening stroll and a mother with her baby in a stroller can co-exist on those pathways and be safe relative to each other. So it really -- it is a good thing to have the on-road bike path, and I really like the connectivity, and I love the idea of the opportunity to allow for these bike paths to connect with the school. So thank you. Can we call the question? CHAIRMAN NANCE: I'm just going to make one comment before I go to Commissioner Taylor, and that is, ma'am, I appreciate your comments. I think that this has been a very good discussion. And, Mr. Messmer, I want to tell you that I appreciate you bringing your comments forward, and I will tell you why: I am very much an advocate for a thorough investigation as to what kind of pathways we have. Page 151 May 12, 2015 And it's very appropriate, ma'am, to have this discussion, particularly when we talk about my district, which is the eastern part of the county, where we do have more space, and we're going to be talking about what sorts of pathways are appropriate. So while I have to support, Mr. Messmer, the committee's decision, I want to let you know that I think that you have served your community well by bringing this sort of a conversation up more frequently because, frankly, we don't have that many multi-purpose pathways in the county, and I think there's a lot of places where they would be really great. So I appreciate this conversation as a whole, sir, and I don't think you should feel bad about bringing it forward, and I thank you for that; although, I have to go with the committee because I think the committee -- that's the way we function. There's a lot of people that volunteer their time, and I certainly support this agenda item. But I want to thank Mr. Messmer for bringing it forward, because I just think it's been a productive and a very healthy discussion. Commissioner Taylor? COMMISSIONER TAYLOR: Two things with the multi-purpose pathway -- and it has been my concern. And I absolutely agree, a car backing out of a driveway is going to back across that sidewalk into the street. When it's multi-purpose, you have -- it's not the children that are going to ride on the street. The children are going to ride on the sidewalks. So I'm not sure I'm -- this isn't the first place that this has happened, but it is a great concern when we talk about Avalon school and children using bikes and all the cuts on Thomasson, a lot of cuts. So, you know, maybe -- I don't know what the solution is except you teach the children that they can't assume that because they're riding along the street the car's not going to back out into them. MS. BRAINARD: Safe Routes to School does a wonderful job Page 152 May 12, 2015 of educating both students, teachers, and parents how to manage, you know, making your way down an urban sidewalk, so it can be done. COMMISSIONER TAYLOR: Okay. And then another thing, Commissioner Nance, which I spoke with Mr. Trebilcock -- MR. TREBILCOCK: Trebilcock, yes. COMMISSIONER TAYLOR: -- Trebilcock about your expertise. I suggested that, perhaps, on Thomasson there be no more grass planted that, perhaps, as they are relandscaping it, that they might look at what you did on Marco Island, but also -- COMMISSIONER FIALA: You don't want to look at it now, though. COMMISSIONER HILLER: Yeah. This is not part of the agenda item. COMMISSIONER TAYLOR: -- and that they -- COMMISSIONER HILLER: You can bring it up on commissioner comments. COMMISSIONER TAYLOR: -- and that we perhaps start looking at no more grass in medians and start there. CHAIRMAN NANCE: Let's do it under comments, because I've got some comments to add to that, but -- COMMISSIONER TAYLOR: Good. All right. CHAIRMAN NANCE: Okay. We have -- do we have a motion and a second? COMMISSIONER FIALA: Yes. CHAIRMAN NANCE: We have a motion and a second. Any further discussion? (No response.) CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. Page 153 May 12, 2015 COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Okay, thank you. Passes unanimously. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Mr. Chairman, that will take us to Item 15, staff and commission general communications. CHAIRMAN NANCE: Mr. Ochs, do you have anything? MR. OCHS: Well, just one important reminder for the Board. On June 2nd you see you have a fire service proposals workshop. To refresh the Board's memory, that is a workshop to review the proposals received in response to the board-directed RFP for agencies that may be interested in managing your dependent fire districts in the county, and you asked us to solicit with other fire districts externally and also to allow our staff, internally, to put together a proposal. So those RFPs have been out and responded to, and we'd like to discuss what we've received so that we can get to you for formal action before you break in the summer. And the importance of that is so that we'll know -- what decision you make will drive some millage-rate discussions and decisions as we move through the summer budget process. CHAIRMAN NANCE: And what was the October 6th workshop, sir? Sorry, I didn't catch it when it -- it flashed by. MR. OCHS: Yes. That was a -- CHAIRMAN NANCE: Water resources. MR. OCHS: -- water resources workshop, a topic that all of you Page 154 May 12, 2015 have expressed, collectively and individually, major interest in, and I think it would be timely that we get a chance to talk about that. CHAIRMAN NANCE: And then November 3rd is the median landscape options. MR. OCHS: That's correct, sir. Thank you. CHAIRMAN NANCE: Mr. Deputy Administrator Casalanguida, do you have any comments, sir? Or you're just keeping your head down. MR. CASALANGUIDA: I will not add to this. CHAIRMAN NANCE: Mr. Klatzkow? MR. KLATZKOW: Nothing, sir. CHAIRMAN NANCE: Nothing. Ms. Kinzel? MS. KINZEL: Nothing more. CHAIRMAN NANCE: Would you like to lead off, Commissioner Taylor? COMMISSIONER TAYLOR: I would. Two or three things, I guess. First of all, the concept of eliminating grass but replacing it with something that would be more climate friendly and less water demanding. I think it's an idea that we need to pursue as we create and relandscape roads, and I'd like to see it implemented. And I'm not sure how we do this, but I'd like to bring that up. CHAIRMAN NANCE: I concur. And, you know, I will speak the unspeakable by saying that St. Augustine grass is the enemy. And we can -- I'll take the pillory for that later. Commissioner Fiala? COMMISSIONER TAYLOR: I'm not finished yet. CHAIRMAN NANCE: Oh, I'm sorry. Go ahead. I thought you were having a pause there. Go right ahead. COMMISSIONER TAYLOR: And then the second thing is I'd like to talk about process. And a long time ago someone told me that Page 155 May 12, 2015 -- and I'm going to repeat this, that -- and this is not a personal attack by any means. It's more an issue of process and responsibility when someone is a chair. But the Chair doesn't speak for the Board when the Board doesn't speak. And your letter to Senator Richter the day after this agenda item was pulled -- if the agenda item was about lollipops, if it was about sod, if it was about palm trees, it's the same thing. It just happens to be specifically about a very -- COMMISSIONER HENNING: I disagree. COMMISSIONER TAYLOR: -- sensitive item. And the Board didn't -- I went back, and I looked at all the minutes. I went and researched. The Board never took a position on what was -- in fact, we never discussed what was being presented in Tallahassee as a board. Individually we did, but certainly not as a board. And I think it was incorrect for you to write a letter that the Board supports what was going on in Tallahassee without the Board taking action. COMMISSIONER HENNING: I disagree with that. CHAIRMAN NANCE: Commissioner Henning, let her finish, and then I will respond because it was my letter. Go ahead, ma'am. COMMISSIONER TAYLOR: And that's it. That's it, and -- CHAIRMAN NANCE: Okay. COMMISSIONER TAYLOR: -- I'm not here saying you're a terrible chairman or it was a horrible thing. I just think it was highly inappropriate especially when that letter was used on the floor as evidence of Collier County's support when you didn't know what it was. CHAIRMAN NANCE: Okay. Let me respond, okay. Mr. Bartlett from the Naples Daily News called me and asked me Page 156 May 12, 2015 about the letter, and I responded to him the exact same way I'll respond to you, and that is that the letter was a thank you letter for Senator Richter's work. Now, realize what the circumstance was with our legislative effort in Tallahassee. Our effort was to gain the beginning, which would have been the first legislation regarding the regulation of oil and gas in the State of Florida. This was being conducted in a legislature in the State of Florida which is very, very conservative and, by all measures, adverse to regulation of any kind on business and industry. It's just not favorable to regulation, and the Governor the same. And when we entered into this effort -- and the transformation that has taken place over the last couple of years as we've worked through this was one where we did not have a good talking and work relationship with our own governor who was running for re-election at the time. We did not have a good relationship with Florida Department of Environmental Protection, which is the authority in charge and will be the authority in charge. It's the regulatory agency. And we did not have a good relationship with the governor's appointees that manage that agency. Senator Richter, as President Pro Tem of the Senate, Representative Hudson and Passidomo went forward as our legislative delegation having received guidance from us, having received guidance from the resource owners, having received guidance from advocacy groups. And what was their purpose? Their purpose was to get us the very best legislation that could be passed by the State of Florida legislature and signed by the Governor. It's just that simple. What did we want? The very best legislation that could be passed and signed by the Governor. Anything less than that, and you got Page 157 May 12, 2015 exactly what you've got now; you've got nothing. The only thing we have today is an improved relationship with the Governor, with our legislative delegation, and with Florida DEP. That gentleman deserved a letter of thanks from this board for going to the wall in that effort. That effort was not easy. And I do not apologize for sending him a thank-you letter. That was the purpose of the letter. It was not an advocacy letter. It was not a letter that wanted to get into the details of what he was doing. I simply mentioned what was going on, and I gave our support. And that was his duty. That was -- our duty was to put together our legislative priorities, present the points that we were interested in and in the best shot that we had, and tell him to do his best, and I think he did that. And I think anything less than thanking that gentleman is an oversight on our part, and I just simply won't apologize for it. Anybody give me any criticism they want to. That man -- we should be giving him a proclamation for what he did to try to do something that was one of the most difficult tasks we could ever ask him to do. That's the way I feel about it. COMMISSIONER TAYLOR: And I certainly do not question your motives. I think you portrayed them or explained them very -- CHAIRMAN NANCE: I think you are questioning my motives, ma'am. I don't know what else the criticism is. COMMISSIONER HENNING: She sure is. COMMISSIONER TAYLOR: I'm not questioning your motives, sir. I'm questioning you're not following the fact that you can't thank -- well, you can thank, but you can thank, but on behalf of the Collier County Board of County Commissioners; we know that we are in full support of your efforts. We never even discussed that. The last discussion we had was in January. And you don't speak unless the Commission speaks, your colleagues speak, and that's it. And whether it's about oil, whether it's Page 158 May 12, 2015 about computers, whether it's about trucks, whether it's about pigs, whether it's about cats, it doesn't matter; don't represent a vote or consensus on a commission without getting that consensus, and that's it. Finally, I have one, unless -- CHAIRMAN NANCE: Okay. COMMISSIONER TAYLOR: I have one last issue. In my discussions with Ms. Crystal yesterday, I learned something that I thought we should bring to the attention of this board, and I'm going to let Crystal -- Ms. Kinzel talk about this, about the -- what you're going to pay and what you're not going to pay. CHAIRMAN NANCE: I don't think that's where we are in the agenda, ma'am, with all due respect. COMMISSIONER TAYLOR: I think it's important to understand that there's no more payments from the Clerk's Office for anything under $50,000 that is signed by staff I think that is hugely important for us as open as doing business in Collier County. CHAIRMAN NANCE: This has not been communicated to the Board, ma'am. COMMISSIONER TAYLOR: Well, that's why I wanted Ms. Kinzel to do so. CHAIRMAN NANCE: Ms. Kinzel had no comment. COMMISSIONER HENNING: Who's next? CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. My subjects are simple. CHAIRMAN NANCE: Okay. COMMISSIONER FIALA: My subjects -- my first subject is, the Board had -- I'd approached the Board about creating -- possibly creating a Hispanic advisory board -- for recreating the Hispanic Advisory Board that had been here quite a while back. I met with a Page 159 May 12, 2015 bunch of, I would say, 15 -- and by the way, that suggestion came from Victor Valdez. And so I've called in a bunch of people, and I tried to get from all walks of life within the Hispanic community. It was a great meeting. We had Tim Durham there who also presented from the manager's side of things. And what they all decided in that particular meeting, other than Victor, was that they just needed a liaison. They're communicating with one another, and they're doing fine. And so -- and Tim Durham presented an idea with the liaison, and they're going from there. And I think they're moving forward with that. The second thing, while Victor Valdez was there, he mentioned that what he had -- he had expanded his ideas from just a Hispanic advisory board. He felt there was need for a more multi-cultural advisory board or community or committee, however you would -- whatever's going to be finally called, I don't know, but multi-cultural. And he had been talking to a number of people outside of the Hispanic community, and we got into blacks and Haitians and Oriental, and he had quite a few people. Really nice. They all just wanted to be able to communicate or get their message across. There's only been one meeting, and that was last week, Thursday. I was not able to attend, but Tim Durham did, and he said everybody was so agreeable. They just wanted to alert us if there were any needs that we weren't aware of or if there were any concerns that we weren't aware of. And it was just, more or less, an amicable meeting. And from there, I don't know where it's going yet, but I'm just kind of bringing you up to date. And with that, I'm going away tomorrow for a little bit. That's it. CHAIRMAN NANCE: Okay. Well, since we're talking about that, I just wanted to hand out one thing under my communications, and that was I had the opportunity on Cinco de Mayo to go to an event Page 160 May 12, 2015 at Hodges University which was involving their Hispanic Institute. And I thought it was a nice program and a pretty interesting thing. So I just brought a little of their promotional literature. I hope that's all right. You can take a look at it if you'd like. COMMISSIONER FIALA: Good. CHAIRMAN NANCE: But very active. Jesse Purdon, who is Congressman Clawson's (sic), was kind of the featured speaker. I thought he just did a very inspirational job, and I think the effort at Hodges is outstanding for our Hispanic Institute. I did not realize it, but they told me at that time that over 40 percent of their students are Hispanic. They've got language programs. I mean, it was very -- absolutely uplifting. It was a huge group of people. Very, very nice event. COMMISSIONER HILLER: And I'm glad you attended. I saw the picture of you with Jesse, and I was jealous, but that's okay. CHAIRMAN NANCE: Well, I can tell you what, he just gave an inspirational talk; very, very nice. COMMISSIONER FIALA: That goes right along with what we were talking about previously at our Affordable Housing Workshop and how the Hispanic population, who really fought to be here, bring their children here to educate them, is now doing just that. COMMISSIONER HILLER: Yep. COMMISSIONER FIALA: And these children are moving up the line, getting an education, and moving into the business community of our community. And so I think it's -- like you said, the farms are suffering somewhat because they don't want to be farmworkers anymore. They want to be in the business world. CHAIRMAN NANCE: It's -- COMMISSIONER FIALA: And I think it's a wonderful thing. CHAIRMAN NANCE: It's a good thing. Page 161 May 12, 2015 COMMISSIONER FIALA: So there you go. They're on the right track at Hodges. CHAIRMAN NANCE: The only other thing I have is a good-news item. And, Mr. Ochs, you have a little picture that I received. This is a photograph of the last Collier County Honor Flight in Washington, D.C. This is the group of 71 veterans; the grand majority of them were World War II and a few Korean veterans. I think I got some feedback claiming that I was seen at the airport with Commissioner Fiala at a rendezvous past midnight at the Fort Myers airport. COMMISSIONER FIALA: His wife was there. CHAIRMAN NANCE: Yeah, Gail was there too just to check up on us. COMMISSIONER HILLER: Is that officially a mOnage a trois? CHAIRMAN NANCE: I'm telling you. It's something. It was Saturday, May the 2nd. Tremendous, tremendous. There was over a thousand people at RSW to greet these people when they came back. It was a great thing. I think they have another one planned for June. COMMISSIONER FIALA: Twentieth. CHAIRMAN NANCE: June 20th. Anybody that has a World War II vet that has not been on an Honor Flight, please take the opportunity to sign them up. And it's going to be a very interesting Honor Flight at the next one, because as you may realize or you may not, I'm going to -- I always like to bring up these historical things -- we just passed the 70th anniversary of Victory in Europe Day within the past several days, and I believe August 14th is really the end of 70th anniversary of the end of World War II, which I think is August the 14th, which I think is VJ Day. I might be within a day or two one way or the other of it. And, of course, that's going to be during a period of time when Page 162 May 12, 2015 we're out of session. So everybody should take the opportunity to check out the next Honor Flight coming up. And it is -- it's a wonderful thing for these vets. They were up almost 24 hours. But I'll tell you what, for guys between 86 and 102, they were completely perky; they were perkier than I know I was at 1 :30 in the morning, I can tell you that. They had just a great trip. You could see the twinkle in their eye, and I would encourage everybody to take advantage of this opportunity if you know any World War II vets. Great thing. COMMISSIONER HILLER: It is a great thing, and I did one several months ago. I didn't actually fly to Washington. I was there, you know, as part of the receiving line at, like, what was it, 1 o'clock at night. And it's just so impressive, so impressive, and it's such a great community event. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Thank you. Leo, have you received an engagement letter on the internal audit which Ms. Kinzel said has been triggered by the Clerk with reference to the concrete vendor who hasn't been paid? MR. OCHS: No, ma'am, not at this time. COMMISSIONER HILLER: Don't we have a procedure that requires the Clerk to provide an engagement letter when he triggers an internal audit or not? MR. OCHS: The Clerk has a procedure. COMMISSIONER HILLER: Oh, so the Clerk has a procedure that requires an engagement letter? MS. KINZEL: No. MR. OCHS: With exceptions, and I'll let -- COMMISSIONER HILLER: I thought -- well, I thought -- and let me -- and you have to refresh my memory, because I remember we had a whole procedural issue with how the Clerk was conducting Page 163 May 12, 2015 audits, and we had come to an agreement that there was going to be a process as to, you know, engagement letter, what's going to happen, how it's going to be reported, where it's going to show up on the agenda, like, all this stuff I thought was hashed out. But, you know, I'm pulling from memory, so I don't recall. I didn't research it, so I'm turning to you to guide me. MR. OCHS: There is a procedure that the Clerk's Office put together, and I'll let Ms. Kinzel comment, if she'd like, from that point on. MS. KINZEL: Under a routine department audit, we would issue the engagement letter. We would work through the issues with the department. We have an exit interview. They provide their comments. We work with them to complete the audit. On other items, i.e., an expenditure investigation or a miscellaneous finding, there will not be an engagement letter, and that was part of what we have explained previously. If it is a departmental audit and a planned audit, you will certainly -- we have been following that policy consistently. COMMISSIONER HILLER: So let me -- and the reason I asked this is because if you're looking at that individual contract, you have a duty under the Prompt Payment Act to make that payment. So how do you reconcile and how do you avoid the requirements of the Prompt Payment Act by triggering an internal audit? Because, you know, it could be every single time you don't want to pay something, you could just ask a question and say, oh, okay, it's an internal audit, and so the Prompt Payment Act doesn't apply. How does the -- how does the contractor that's subject now suddenly to this internal audit that entered into a contract on the presumption he would be paid pursuant to that other statute have the ability to defend himself against that? How does -- you know, where is the due process, if you will? Because now he doesn't have what he Page 164 May 12, 2015 thought he had as a matter of law because of your application of this power to internally audit a single expenditure which, in fact, is now substituting for your right to pre-audit the expenditure. MS. KINZEL: No. Commissioner Hiller, first of all, we're well aware of the Prompt Payment Act, and that is the Clerk's responsibility, and we take that very seriously. I'm not going to engage in any comments regarding the internal audit as it sits right now. So I will not be discussing that. COMMISSIONER HILLER: Well, we're not asking -- or I'm not asking a specific question. I'm asking you a general question. How do you reconcile your duty to pay under the Prompt Payment Act as against triggering an internal audit of what should be more properly a pre-audit? Because that's really what it is. I mean, I'm not sure what the internal, you know -- and then to cloak the whole investigation of an unpaid transaction under an internal audit investigation, which is not transparent, versus the pre-audit review, which is transparent, concerns me also. So can you just explain, what's the reconciliation between the pre- audit, the internal audit, and the Prompt Payment Act? MS. KINZEL: Commissioner Hiller, I've answered your question. I'm not going to engage in any information or comment on the current internal audit. COMMISSIONER HILLER: I didn't ask specifically about the current internal audit. I'm going to -- again, what's the reconciliation between the Prompt Payment Act and the internal audit versus a pre- audit, generally? Not specific to this investigation. MS. KINZEL: Commissioner Hiller, I'm not going to have this discussion, but thank you for the question. We'll take the question, and we will advise at the end of the internal audit. COMMISSIONER HILLER: I don't want to know at the end of Page 165 May 12, 2015 the internal audit. This is a legal and procedural question that I want an answer to, and I think we as a Board have a right to an answer. And, you know, with respect to what Commissioner Taylor said, that, you know, you're -- Ms. Kinzel, you're telling Ms. Taylor, or Commissioner Taylor, that you're not going to make any payments but you're not informing the Board, you know, to the point that Commissioner Taylor was talking to, you know, we act as a board. And, you know, to have these unilateral, you know, behind-closed-doors conversations with Commissioner Taylor and her having information that the rest of the Board doesn't have is, you know, not acting in accordance with your fiduciary duty to the Board in terms of doing what has to be done. And that brings me to my next point, and that is I asked the County Attorney if there was any statute about who has to sign checks, and he very kindly pointed out that 136.06 does provide as to who is supposed to sign checks. And 136.06 says that the Board of County Commissioners will have a secretary. Like we have a chair and a vice-chair, we're also supposed to have the secretary. And that when there is a check or warrant issued, that it's the Chair of the Board that shall sign the check, and it's either the secretary of the Board or the Clerk to the Board that will attest to that signature and it -- and affix the seal. So it's an attestation, not a cosigning. So -- well, we don't have a secretary, and it would seem like we should have a secretary to the Board and -- COMMISSIONER HENNING: You can have my secretary. COMMISSIONER HILLER: I love your secretary okay? She's like -- and she's not a secretary. She is an executive aide. COMMISSIONER FIALA: Assistant. COMMISSIONER HILLER: And she's a professional. So my point is, I think, you know, if the Clerk is going to engage in these type of shenanigans -- and he's obviously doing it because he's Page 166 May 12, 2015 issued an injunct- -- or, you know, basically he's looking for injunctive relief, and he has to create some sort of irrepairable harm to move forward on this action, it would seem. So what he's trying to do is create a crisis to support his complaint against, you know, our staff, which is, you know, just completely ridiculous. And I don't believe he can do that, especially in light of the Prompt Payment Act. I'm very, very concerned. Just like I don't believe he can circumvent the Prompt Payment Act by suddenly turning a pre-audit into an internal audit of a single transaction. So to my point, I think if he's going to try to blackmail this board, if he's going to try to blackmail our vendors by withholding a signature on a check for a valid disbursement, which these disbursements are in the manner in which we approve them, then I think we should look to see whether or not we can't just appoint a secretary on this board who attests and have the Chair sign the checks and we approve the checks as we -- you know, approve the disbursements as we do. In fact, if I look to this agenda -- where is the agenda -- there is -- there is an item on the agenda. And the agenda says -- oh, where are we? Hang on a second. Bear with me one moment. So it's under 16J1 . And it says, board declaration of expenditures serving a valid public purpose and approval of disbursements in this particular case for the period of April 23rd to April 29, 2015. So I think that if the Board would be willing, I would ask staff to bring back an agenda item to appoint a secretary who shall attest to the checks signed by the chair. COMMISSIONER HENNING: We're going to use your checks? COMMISSIONER HILLER: No, no, no. I am check (sic). COMMISSIONER HENNING: Yeah. Because we don't have a checkbook. So what are you going to sign, a piece of paper? COMMISSIONER HILLER: No, he -- Page 167 May 12, 2015 COMMISSIONER HENNING: Your checkbook. CHAIRMAN NANCE: IOUs. COMMISSIONER HENNING: Yeah, IOUs. There you go. COMMISSIONER HILLER: No, no. That's not the way it works. In fact, all the -- CHAIRMAN NANCE: Mr. Ochs, I'm going to need a big pad of stickie notes, sir, okay? A big, big one. COMMISSIONER HILLER: Just so you understand, all the accounts are in the name of the Board of County Commissioners, not in the name of the clerk. But anyway, it says here under 136 exactly that, and I'll read it. Each check or warrant so drawn shall be signed by the Chair of said board attested by the Clerk or a secretary of said board with the corporate seal of thereof affixed. COMMISSIONER HENNING: You got the checkbook, Leo? MR. OCHS: No, sir. COMMISSIONER HENNING: Yeah. I didn't think so. We'll use Commissioner Hiller's checkbook. COMMISSIONER HILLER: Anyway, I do think we need to look at that, because if he is going to try to withhold payment by not cosigning the checks -- and the checks are signed by whom? MR. OCHS: The Board chair. COMMISSIONER HILLER: And by the Clerk? MR. OCHS: Yes. COMMISSIONER HILLER: So jointly? MR. OCHS: It appears, yes. COMMISSIONER HILLER: Okay. So the checks -- are the checks signed -- Crystal, does the Clerk sign the checks? MS. KINZEL: Yes, ma'am. It's a dual-signature check with the Clerk and the Chairman of the Board. COMMISSIONER HILLER: Okay. So based on 136.06, it Page 168 May 12, 2015 would appear that the Chair alone is statutorily required to sign it with an attestation to that signature by the secretary of the Board or by the Clerk to the Board. And so if we appoint a second -- if the Clerk is going to engage in this type of tactic to hurt the vendors and hurt the public -- because obviously the vendors aren't paid, then the services can't be provided, you know -- then I think we need to take some action. I mean, we can't let that happen. And there is a solution, and this is the solution. CHAIRMAN NANCE: Mr. Klatzkow, where are we going here? MR. KLATZKOW: Well, until somebody comes back with an executive summary, we're not. COMMISSIONER HILLER: Right. So I'm suggesting that -- I mean, I can bring back an executive summary. COMMISSIONER HENNING: Well, you should. COMMISSIONER HILLER: I could do that. COMMISSIONER TAYLOR: The reason I brought this issue up was, specifically, I want to get vendors paid. So if we're devising another way of doing it, I'm very, very pleased about this. COMMISSIONER HILLER: No, thank you, Commissioner Taylor. I appreciate you saying that, and that is the bottom line. We do need to get these vendors paid, and we need to, you know, continue doing business. COMMISSIONER TAYLOR: But can the chairman -- COMMISSIONER HILLER: That's what it says. COMMISSIONER TAYLOR: Assuming you're the secretary, so you attest to Chairman Nance's -- COMMISSIONER HILLER: Or like you could be, the -- and the attestation is just attesting that that is his signature. COMMISSIONER TAYLOR: But do we need two signatures on each -- COMMISSIONER HILLER: No. Page 169 May 12, 2015 COMMISSIONER TAYLOR: You don't? COMMISSIONER HILLER: Not according to the statute. The statute says only one signature. 136.06 says -- you can take a look at it. Can you -- I don't know if you can put it on the overhead, but it says -- and I haven't looked into any more than just -- COMMISSIONER TAYLOR: But can the Chairman sign something that we haven't reviewed and put on this agenda as an agenda item? COMMISSIONER HILLER: No, all --just so you understand, we don't ever sign anything before it's approved. COMMISSIONER TAYLOR: Okay. So everything has to come back to us to be approved. COMMISSIONER HILLER: Everything always has come back to us, and no check is ever signed by the chair till we approve it on the agenda, until we ratify it on the agenda, and that's for every single expenditure. COMMISSIONER TAYLOR: Okay. COMMISSIONER HILLER: So basically what we have is when the Chair signs, it's only after full Board approval recognizing that it serves a valid public purpose, you know, that it's a legal expenditure in our eyes. COMMISSIONER TAYLOR: Okay. COMMISSIONER HILLER: So -- yeah. So you're absolutely right, it is about ensuring that they get paid. And there is a vehicle here for doing that. COMMISSIONER TAYLOR: Let's do it. COMMISSIONER HILLER: And I'm with you. And that's what, you know -- I mean, I can -- you know, maybe with the help of the County Attorney, we can draft an executive summary, and I'll bring it back. MR. KLATZKOW: My legal considerations aren't going to Page 170 May 12, 2015 match your legal opinion on this, ma'am, but you're welcome to bring an executive summary. I think you need to get an injunction if he's not paying, but you can have that discussion at your next meeting. COMMISSIONER HILLER: Yeah, and I think so, too. You know, I think we absolutely have to proceed in that fashion if he does what Commissioner Taylor says that Ms. Kinzel told her. Yeah, I think we should look into it and draft something. I'll do it. But I also think that the county attorney is right. I mean, if he is not going to pay, I do think we're going to have to go to court. COMMISSIONER TAYLOR: Sooner than later. COMMISSIONER HILLER: Yeah, absolutely. CHAIRMAN NANCE: Commissioner Henning, you got anything better than that, sir? COMMISSIONER HENNING: No. I'm not going to try to talk out of-- Leo, there was several allegations by Jennifer Hecker from the Conservancy. COMMISSIONER HILLER: Oh, I forgot one thing. I forgot one thing. COMMISSIONER HENNING: Our legislative priorities, particularly on oil, we gave you to manage, to execute, and what she was alleging, your daily involvement with the lobbyists was not doing it. The -- working with Senator Richter and -- well, there's a lot of finger pointing. So tell us what, how, when, who is going to push our legislative priorities based upon the consultant's recommendations. MR. OCHS: Well, the Board, after entering into a stipulated agreement with the Florida Department of Environmental Protection last fall, directed the staff to advance the 18 recommendations made by your independent consultant through the FDEP onto the local delegation for the purpose of crafting new legislation that would help Page 171 May 12, 2015 tighten the regulatory environment for oil and gas drilling in Florida. So I would want to be very sure from a staff perspective that we were following, specifically, the direction of this board. If you will recall, at the time there was discussion from the dais and from the floor with other stakeholders about can't we jointly go to FDEP. And the determination was every stakeholder has its own legal representation. Some had their own stipulated agreements, so -- COMMISSIONER HENNING: Right. MR. OCHS: -- the Board directed that our staff was going to work on our recommendations, which were your recommendations adopted from your consultants. So I was very careful to limit my communications on this issue with the FDEP, with Senator Richter directly, with the commissioners, obviously, and I did -- the four talking points that were referenced earlier in the discussion were, in fact, offered to the DEP, as previously directed our communication would go, for consideration and discussion. The date of that was March 11, 2015. It's two months later. I can tell you -- and Mr. Casalanguida was present as well -- we had numerous discussions with Ms. Cobb from the DEP and Mr. Orcado (phonetic) from the DEP, with Senator Richter directly on these four topics. I think there was movement on each of them, some of them not as far as certain stakeholders would want. But back to Commissioner Nance's point earlier, it's not always the perfect legislation. It's legislation that you can get passed by both houses of the legislature and, more importantly, get signed into law by the Governor. So the idea that the lobbyists were not engaged is not true. But it also -- I will tell you, they were not the point person on this particular item, and that was my decision and my direction to staff, and I'll stand by that for the reasons I just explained. They did accompany Commissioner Fiala with the talking points Page 172 May 12, 2015 to the FAC legislative day. So to represent to this board that the lobbyists had no involvement or weren't aware of the talking points I don't think is accurate, sir. I hope I answered your question. COMMISSIONER FIALA: May I chime in? CHAIRMAN NANCE: Commissioner Fiala? MR. OCHS: Commissioner, I think we -- COMMISSIONER HENNING: Yeah. Go ahead. I mean, I'm not done yet. CHAIRMAN NANCE: Oh, I'm sorry. COMMISSIONER FIALA: I just wanted to chime in -- CHAIRMAN NANCE: I'm sorry, Commissioner. COMMISSIONER FIALA: -- because, although Leo wasn't up there with me when I was there -- of course, Jeff Klatzkow was up there, but I was with the lobbyists sometimes two and sometimes three of them at the same time as we called on our different legislators up there. And Leo called at least every hour, if not every half hour all the while, just checking to make sure, just making sure that the message is getting across. We gave out -- we had printed forms that we could give to each one. We made sure to give it to their aides as well. We made sure to work that whole area. We were busy the whole day. In fact, some of the people were surprised that they couldn't keep up with me, and that was a wonderful thing. I loved it. But we called on everybody that we could. We especially called on Senator Richter, especially called on Representative Rodriguez. Of course, we certainly saw Matt Hudson and Kathleen Passidomo as well plus other legislators. We stopped in at the FDEP as well. So we really covered the gamut up there. MR. OCHS: And I believe you did leave your talking points with Page 173 May 12, 2015 each one of them. COMMISSIONER FIALA: With every single one of them, right. COMMISSIONER HENNING: Wait a minute. I'm going to finish up. You-all had a chance, now be quiet. COMMISSIONER HILLER: We're supporting you. COMMISSIONER HENNING: No. The -- my understanding there were several facets that we're going to get, to the best of their ability, from Tallahassee. One is through the rule making; is that correct? MR. OCHS: Yes, sir. There was -- in Senator Richter's bill there was a call for rule making, and, in fact, the study and no high-pressure well stimulation activities could occur prior to rule making being finished. And, unfortunately, because the House left early, there wasn't an opportunity to make final reconciliation between Representative Rodriguez's bill and Senator Richter's bill, but that last draft that came out of committee, I would be happy. And I will send the Board an analysis of that, not by me or not by our consultant, but by the staff committee up there. And I think you will see that the bill from Senator Richter and Senator Rodriguez, again, in my laymen's opinion, certainly was an improvement over what we have today. COMMISSIONER HENNING: Okay. Well -- so the chairman's letter to Senator Richter really met our goal that the senator was -- bill was our priority? MR. OCHS: Absolutely. COMMISSIONER HENNING: Okay. So, you know, the notion that the Chairman is out of line by -- I know he was working with -- at least I communicate with staff about any particular item, and I know that -- you know, I worked on some of this oil stuff so we can get things moving. So Leo communicates with me all the time. So it is appropriate for the Chairman to thank Senator Richter for his bill. Page 174 May 12, 2015 You know, we need to communicate with staff. I think you're going to -- I know some don't trust and some would rather be a donkey to special interest groups by putting things on the agenda that is really a reconsideration in that. But, you know, Commissioner Taylor -- COMMISSIONER TAYLOR: Yes. COMMISSIONER HENNING: -- you were wrong, okay, and continue to be wrong on bringing this issue up over and over again and delegating your elected authority under the Florida Statutes to a group that is proclaiming to serve in the best interest, health, safety, and welfare, of the citizens. That is your duty, ma'am. It also is your duty to protect the environment under the law. I'm not going to give that up to any self-appointed group when the people elected us to do that. COMMISSIONER TAYLOR: I'm not sure where you're going with this, Commissioner Henning. COMMISSIONER HENNING: Well, first of all, your item about the time-certain had everything to do with the oil legislation. Your oil legislation that you wanted to put on the agenda was removed by the majority of the Board of Commissioners, which was really the Conservancy's item, okay. Have original ideas. Bring -- if you're going to bring something on there, don't be a donkey to somebody else. Make sure that you know what you're talking about, because all it is, is bringing a lot of consternation up here, and it's not serving anything. There's a lot of allegations here. Talk to staff about what they're doing on any particular item. This item, the County Manager was managing the Board's direction on oil legislation. There are certain things that the Conservancy's not going to get because they don't want to be a partner in anything. You know, they're going to be using somebody and, obviously, to me, that they used you for their agenda because they couldn't be listened to in Tallahassee. Page 175 May 12, 2015 They couldn't get anything done. COMMISSIONER TAYLOR: Well, as I -- COMMISSIONER HENNING: Okay. So -- COMMISSIONER TAYLOR: It was very interesting this Friday. I was at a Florida Humanities Council meeting, and the lobbyist for the Florida Humanities Council spoke to me at a luncheon and, of course, she was very interested in what was going on with the oil legislation and what had happened in the House and in the Senate. And her response was very similar to what we heard today. She wondered what had happened to Collier. That was one of the first things she asked me. And then she also indicated that at the detriment of a lot of other bills that were proposed to the legislature at that time, the discussion about fracking was statewide, it was extraordinarily vigorous, and it was extremely divisive. And she was asking me -- you know, we were talking about what had happened with the House and how unfortunate it was that we didn't have legislation. COMMISSIONER HENNING: It is unfortunate. You know why? There were too many people, groups that didn't want to be a partner in further regulating the oil drilling. COMMISSIONER TAYLOR: And I also learned from our lobbyist, Keith Arnold, that the Conservancy itself stood alone up there among all the environmental groups because they wanted some kind of legislation, something for fracking. They were not opposing fracking. And they alienated other environmental groups who are against this. So this idea -- COMMISSIONER HENNING: We just got criticized for our report and direction to the County Manager was not being implemented. If you would have talked to staff, you would have found that staff was working on several angles to get each and every one of those implemented to their best ability. Page 176 May 12, 2015 COMMISSIONER TAYLOR: Well, as we could have very well discussed it when it was the decision of this commission to not hear the item. COMMISSIONER HENNING: Well, that was a -- COMMISSIONER TAYLOR: What I was attempting to do -- COMMISSIONER HENNING: That was a reconsideration item, Commissioner Taylor. It was not any new -- COMMISSIONER TAYLOR: And that's your prerogative to think so. I did not think it was. I thought it was looking at where we were, what we were -- this is my commission, my commission, that had the courage to sue FDEP and made them come here and create a stipulation agreement. This was the commission that did it. I was proud and excited to be part of it. What I saw happening was I was not -- I was very confused. What we wanted wasn't what we're getting. I get -- I get emails that say that the lobbyists were told to stand down, big bold, "STAND DOWN" in caps. What's happening? Why are not our lobbyists doing it? Why are -- what's happening? And then we don't have much discussion. I would be glad to show you that email, Commissioner Nance. COMMISSIONER HENNING: You know what -- you know why they're doing that? It's because nobody else is listening. And if you would have talked to staff about those particular items, it could have been straightened out instead of having an item being withdrawn from the agenda. CHAIRMAN NANCE: Commissioner Henning, I want to make a couple comments. I think it's -- when -- Collier County has the sitting governor of the state and has the second most powerful gentleman in the Senate leading our legislative delegation. We also have a gentleman in the House, Representative Hudson. Why do you want to question their ability to carry the ball at the Page 177 May 12, 2015 point we make our recommendations and we give it to our legislative delegation? Why do you want to go in and tell them how to do their job? I think that's the most ridiculous thing I have ever heard in my life. Their job was to go up there and get us the very best bill they could get passed and signed by the Governor. It was clear to me, with my discussions with Senator Richter, that he understood that. And guess what? I trust his judgment. He's been up there a long time and, by all feedback I've gotten, is a gentleman in the highest order and knows exactly what he's doing. I'm not going to double-clutch him and say, oh, I'm going to go talk to another legislator to have him go fix my lead guy's bill. You're not going to hear that out of me, Commissioner. That's ridiculous. Senator Richter was our guy. He was our best hope. And guess what? He couldn't get it done. I'm saying, if he couldn't get it done, there wasn't anybody that was going to get it done. We weren't going to be able to go through the back door, talk to somebody else, because I'll tell you what. It's our issue. It's our issue in Collier County. We're the only ones that are stakeholders. You want to know what all the citizens in all these other counties want? They want cheap gas. I can tell you that right now. They don't care what goes on in Collier County. They're not going to tell their legislators to work on it. They're not going to be worried about it. What they want is cheap fuel, and that's what we're fighting against. Now, that's hard to say in a public forum, but that's what we're fighting against. We're fighting a very narrow issue that our legislative delegation has got to take up there under a very difficult conservative governance in this state and try to get something done. A nose, camel's nose under the tent to start getting regulation, to start forming a body. I think it's awful that we didn't come out of that with something. COMMISSIONER HENNING: Well, in closing, I think it would Page 178 May 12, 2015 be more effective getting both sides of the story and talking to your staff. And, in closing, I had a great opportunity have -- well, in Immokalee there are many diverse restaurants out there that have original taste, and I encourage everybody to take advantage of those businesses out in Immokalee. With that, I'll make a motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN NANCE: We're not going to adjourn yet. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I just -- there was -- two things I wanted to say. The first is did we -- what's the status of the audit on the vehicles in the fleet? MR. OCHS: We had an exit conference with the internal audit team. I don't know if we've received the final version. After that meeting there was some final edits going. If we don't have it, we'll have it, I'm sure, within a day or so, and then we have some time to make our management response to the audit, and it will follow the process, and it will ultimately get to the Board probably -- COMMISSIONER HILLER: Based on -- based on the exit conference, were there any significant issues? Was there major fraud or anything like that that was uncovered? MR. OCHS: Commissioner, I didn't personally attend. Ms. Price represented me. And I really would ask for your indulgence to allow us to make our management response and -- COMMISSIONER HILLER: Sure. MR. OCHS: -- the Board will see the full report. COMMISSIONER HILLER: I mean, are there going to be any arrests? MR. OCHS: Not to my knowledge, no. (Commissioner Henning has left the boardroom for the remainder Page 179 May 12, 2015 of the meeting.) COMMISSIONER HILLER: Okay, good. So two years and no arrests. That's all I want to know. I want to make a point to what Commissioner Henning and Commissioner Nance has said. To take, for example, the cycling legislation that we advanced, we couldn't even get it through the House without a strike-all amendment, and that's the way it works. And we had the best lobbyists. We had advocates from all different sorts of cycling and running organizations. You know, we had Representative Passidomo working it as hard as she could. And it couldn't advance without a strike-all amendment and without parts of it being parsed out and thrown into some of the DOT -- you know, into a DOT bill. And, you know, there was another representative who came up with a completely different version. So, you know, that's how it works. And CHAIRMAN NANCE: It's hard. COMMISSIONER HILLER: It's very hard. And to suggest that we are going to get 100 percent of what we ask in one sitting and that somehow all the members of the House and the members of the Senate are going to buy into our position is unrealistic. Staff did put forth its best effort. Our lobbyists did as well. And, most importantly, our entire legislative delegation did absolutely the best they could to advance what our directive was. So I agree with you, Commissioner Nance. We'll get another bite at the apple next session, and we will definitely, you know, stay on the same path that we were on. I was very concerned to hear Commissioner Taylor say that Conservancy alienated even the environmental groups up there, which tells me that we need to be very careful in partnering when we take a position, because that could actually be detrimental to advancing the Board's legislative agenda. Page 180 May 12, 2015 I mean, support is welcome, but I think we have to stand on our own two feet as a board, and we should not be partnering with a special interest to advance our legislative priorities. Because if for some reason they are not well received, our efforts are for naught. So, you know, we welcome all input. We consider the best of what everybody has to offer. They are not the only organization out there that is concerned about fracking. They're not the only individuals concerned about fracking. And we consider the full pool of information available to us when we craft what we believe is the first step in the solution to this problem with all legislation, it -- legislation is alive. It's constantly evolving, constantly changing, and you do not get everything on the first shot. CHAIRMAN NANCE: It's making the sausage, that's for sure. COMMISSIONER HILLER: It's not even about making the sausage. It's about the fact that it's an evolution. And, you know, even if we could have gotten one thing out of the totality of what we asked for, it would have been the first step in the right direction. CHAIRMAN NANCE: Groundbreaking. COMMISSIONER HILLER: And, you know, this is going to take place over years, you know. I mean, it's like the issue of solar energy and the utility industry. You know, why does Florida, the Sunshine State, not have solar panels everywhere? Okay. I mean -- yeah, these are hard fights. CHAIRMAN NANCE: I know that we're starting in January -- we're starting January early with our, you know, legislative action, and I think we should go back again. And I pledge my, you know, renewed support for the Board to work on it again. I'm ready to load up and do it. My personal apologizes to Commissioner Taylor, Commissioner Fiala, Commissioner Hiller, and Commissioner Henning, who's not here, for coming off the rails a little bit. I just got very passionate Page 181 May 12, 2015 about the circumstance. It's not my style, but I apologize to you -- COMMISSIONER HILLER: You were totally justified. CHAIRMAN NANCE: -- publicly and personally. COMMISSIONER TAYLOR: May I respond to it? CHAIRMAN NANCE: Yes, ma'am. COMMISSIONER TAYLOR: Okay. What I wanted to respond to is that the reason I put this agenda item on that was removed was to assess where we have been, where we are, what Senator Richter was doing, and how we could support him. CHAIRMAN NANCE: Ma'am, I don't question your -- COMMISSIONER TAYLOR: Thank you. Well, I think you did, but that's the reason. CHAIRMAN NANCE: Okay. I don't question your motives. I think your motives are very pure. COMMISSIONER FIALA: You're such a respectful man. CHAIRMAN NANCE: Is there motion to adjourn? COMMISSIONER FIALA: Motion to adjourn. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: Thank you so much. We're adjourned. And I think -- I believe the citizens got their money's worth today. **** 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 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITY FOR TORINO AND MIRAMONTE AT GREY OAKS AR-11363 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN Page 182 May 12, 2015 THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION WAS DONE ON DECEMBER 18, 2013 BY ENGINEERING SERVICES AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A2 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR HACIENDA LAKES, PL20130002446, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $27,881 .46 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION WAS DONE ON JANUARY 29, 2015 BY ENGINEERING SERVICES AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A3 RESOLUTION 2015-87: AMENDING EXHIBIT "A" TO RESOLUTION NO. 2013-239, THE LIST OF SPEED LIMITS ON COUNTY MAINTAINED ROADS, TO ESTABLISH A SPEED LIMIT OF FORTY (40) MPH FOR HACIENDA BOULEVARD (F/K/A BENFIELD ROAD), APPROXIMATELY 1-MILE EAST OF COLLIER BOULEVARD (CR 951) FROM RATTLESNAKE HAMMOCK ROAD TO A POINT APPROXIMATELY 1 .5 MILES NORTH Item #16A4 Page 183 May 12, 2015 SELECTION COMMITTEE RANKINGS AND AUTHORIZE STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH THE NUMBER ONE RANKED FIRM, HIGH SPANS ENGINEERING, INC., FOR RFP #15-6372 FOR "VERIFICATION TESTING FOR GOLDEN GATE BLVD. DESIGN BUILD," PROJECT #60040 — WIDENING FROM TWO LANES TO FOUR LANES FROM WILSON BLVD TO 16TH STREET Item #16A5 PAYMENT FOR A JOINT COASTAL PERMIT IN THE AMOUNT OF $22,970 FOR THE 15-YEAR FDEP PERMIT UNDER DEP FILE NO. 0311817-001-JC FOR BEACH RENOURISHMENT, ALL NECESSARY BUDGET AMENDMENTS, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (PROJECT NO. 80165) — THE EXISTING PERMIT EXPIRED IN JANUARY 2015 BUT WAS EXTENDED 2 YEARS UNTIL JANUARY 2017 Item #16A6 A WAIVER IN ACCORDANCE WITH THE GUIDELINES SET FORTH IN THE ADVANCE STREET NAME SIGN GUIDELINES POLICY AND RESOLUTION NUMBER 2012-114 FOR THE PLACEMENT OF ADVANCE STREET NAME GUIDE SIGNS ALONG COLLIER BOULEVARD (CR 951) AT THE APPROACHES TO NAPLES LAKE BOULEVARD — FOR NEW NORTHBOUND AND SOUTHBOUND SIGNS TO IDENTIFY NAPLES LAKES COUNTRY CLUB'S MAIN ENTRANCE Item #16A7 Page 184 May 12, 2015 THE RANKED LIST OF DESIGN PROFESSIONALS FOR REQUEST FOR PROPOSAL (RFP) #15-6382, "GRANT FUNDED PROFESSIONAL SERVICES FOR COASTAL ZONE MANAGEMENT," STAFF TO NEGOTIATE CONTRACTS WITH THE TOP RANKED FIRMS FOR SUBSEQUENT BOARD APPROVAL AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM — FIRMS RANKED AS FOLLOW: CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC., HUMISTON & MOORE, ATKINS NORTH AMERICA AND OLSEN ASSOCIATES Item #16A8 A BUDGET AMENDMENT TOTALING $176,000 WITHIN THE STORMWATER CAPITAL FUND 325, MOVING $161,000 FROM PROJECT NUMBER 60094, SECONDARY SYSTEM REPAIR AND $15,000 FROM PROJECT NUMBER 51144, STORMWATER FEASIBILITY AND PRELIMINARY DESIGN, TO FUND PROJECT NUMBER 60140, THE KIRKWOOD ALLEY STORMWATER MANAGEMENT PROJECT — LOCATED IN THE BAYSHORE GATEWAY/TRIANGLE CRA AND IS PRONE TO FLOODING DURING NORMAL RAIN EVENTS Item #16A9 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $8,643.89 FOR PAYMENT OF $593.89, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. CINDY YABLONOWSKI, CODE ENFORCEMENT BOARD CASE NO. CEVR20130009048, Page 185 May 12, 2015 RELATING TO PROPERTY LOCATED AT 6508 TRAIL BLVD., COLLIER COUNTY, FLORIDA — VIOLATION FOR ACCUMULATION OF PROHIBITED VEGETATION ON UNIMPROVED PROPERTY AND BROUGHT INTO COMPLIANCE ON MARCH 20, 2014 Item #16A10 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $49,500 FOR PAYMENT OF $6,000, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JON R. AND DENISE T.C. BRIMMER, CODE ENFORCEMENT BOARD CASE NO. 2007090878, RELATING TO PROPERTY LOCATED AT 561 7TH ST. NW, COLLIER COUNTY, FLORIDA — VIOLATION FOR A CONSTRUCTION OF A DETACHED GARAGE WITHOUT REQUIRED PERMITS AND BROUGHT INTO COMPLIANCE ON JUNE 18, 2014 Item #16A11 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $30,862.29 FOR PAYMENT OF $562.29, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. CHRISTOPHER S. CLEARY EST., CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20130009214, RELATING TO PROPERTY LOCATED AT 4951 18TH CT. SW, COLLIER COUNTY, FLORIDA — VIOLATION FOR A DAMAGED GARAGE DOOR THAT WAS BROUGHT INTO COMPLIANCE ON FEBRUARY 6, 2014 Page 186 May 12, 2015 Item #16Al2 TWO RELEASES OF CODE ENFORCEMENT LIENS WITH A COMBINED ACCRUED VALUE OF $385,362.30, FOR PAYMENT OF $612.30, IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. VALORIE K. LOJEWSKI AND CAROL E. NELSON, CODE ENFORCEMENT BOARD CASE NOS. CESD20080014926 AND CESD20080015799, RELATING TO PROPERTY LOCATED AT 330 WILSON BLVD. S., COLLIER COUNTY, FLORIDA — FOR VARIOUS CODE VIOLATIONS AND BROUGHT INTO COMPLIANCE ON JANUARY 13, 2014 Item #16A13 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $106,731 .43, FOR PAYMENT OF $1,597.93, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. THU-NHUT NGUYEN, CODE ENFORCEMENT BOARD CASE NO. CEPM20120001592, RELATING TO PROPERTY LOCATED AT 480 8TH ST. NE, COLLIER COUNTY, FLORIDA — VIOLATION FOR AN UNSECURED HOME AND BROUGHT INTO COMPLIANCE ON JANUARY 6, 2015 Item #16A14 RESOLUTION 2015-88: APPOINTING MEMBERSHIP TO THE GOLDEN GATE WATERSHED IMPROVEMENT PROGRAM TECHNICAL ADVISORY AD HOC COMMITTEE FOR 12 MONTHS — APPOINTING JOCELYN NAGEON DE LESTANG, Page 187 May 12, 2015 DANA DETTMAR, GREGG STRAKALUSE, DENNIS VASEY, JULIE NEUROHR, BRENT BACHELDER AND JEFFREY CARTER Item #16A15 THE CLERK OF COURTS TO RELEASE PERFORMANCE BOND NO. 964119218 IN THE AMOUNT OF $302,000 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR WORK ASSOCIATED WITH PARKLANDS - PLAT ONE, EARLY WORK AUTHORIZATION (EWA) PL20140001253 — WORK ASSOCAITED WITH THIS SECURITY HAS BEEN INSPECTED AND THE DEVELOPR HAS FULLFILLED HIS COMMITMENTS Item #16A16 A PARTNERSHIP AGREEMENT (PA) WITH THE ROTARY CLUB OF MARCO ISLAND, FLORIDA SUNRISE AND COLLIER COUNTY; AND TO AUTHORIZE COLLIER COUNTY TO PURCHASE TWO MULTI-USE BUS STOP SHELTERS FOR THE COPELAND AREA LOCATED AT PANTHER PARK AND LAKE GLORIA — THE COPELAND BAPTIST CHURCH WILL ASSUME RESPONIBILITY OF THE OVERALL TRASH PICK- UP AND MAINTENANCE OF THE SHELTER AREAS Item #16A17 A LETTER OF INTENT TO THE UNITED STATES ARMY CORPS OF ENGINEERS FOR COLLIER COUNTY TO SERVE AS A NON-FEDERAL SPONSOR FOR A SHORELINE PROTECTION FEASIBILITY STUDY WITHIN COLLIER Page 188 May 12, 2015 COUNTY — THE COUNTY'S NON-FEDERAL COST SHARE PARTICIPATION WILL NOT EXCEED $1,500.00 WITH THE PROPOSED FUNDING FROM TOURIST DEVELOPMENT TAX Item #16A18 A BUDGET AMENDMENT FOR ATTORNEY'S FEES AWARDED BY THE COURT FOR SUPPLEMENTAL PROCEEDINGS IN THE CASE OF COLLIER COUNTY V. ANDY MORGAN, CASE NO. 07-4400-CA. (SANTA BARBARA EXTENSION PROJECT NO. 60091). (FISCAL IMPACT: $58,829) — MOVING FUNDS FROM DISTRICT 2 IMPACT FEE RESERVES Item #16A19 A TEMPORARY USE AGREEMENT TO PERMIT THE TEMPORARY USE OF A PORTION OF THE RIGHT-OF-WAY PREVIOUSLY ACQUIRED FOR THE EXPANSION OF COUNTY BARN ROAD FROM TWO LANES TO FOUR LANES — ALLOWING THE PROPERTY OWNER TO PLANT A BUFFER AROUND THE CIRCULAR DRIVEWAY UNTIL THE COUNTY NEEDS TO MAKE USE OF THE EASEMENT Item #16C1 A $365,690.30 WORK ORDER TO QUALITY ENTERPRISES USA, INC., UNDER REQUEST FOR QUOTATION #14-6213-20 FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR THE BLUEBILL AVENUE FORCEMAIN REPLACEMENT, PROJECT NUMBER 70044 — REPLACING THE HDPE FORCE Page 189 May 12, 2015 MAIN DIRECTIONALLY DRILLED UNDER THE VANDERBILT CHANNEL Item #16D1 A TRANSPORTATION COORDINATION AGREEMENT WITH GOOD WHEELS, INC — SUPPORTING THE USE OF FEDERAL TRANSIT ADMINISTRATION SECTION 5310 GRANT FUNDS Item #16D2 SUBSTANTIAL AMENDMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FROM FY2005-2006 THROUGH FY2014-2015 ANNUAL ACTION PLANS; AMEND A SUBRECIPIENT AGREEMENT WITH HABITAT FOR HUMANITY - LEGACY LAKES; APPROVE A SUBRECIPIENT AGREEMENT WITH NAPLES EQUESTRIAN CHALLENGE AND INCREASE OR ALLOCATE PROJECT DELIVERY FOR THE FOLLOWING: HABITAT FOR HUMANITY - LEGACY LAKES, BOYS & GIRLS CLUB OF COLLIER COUNTY, NAPLES EQUESTRIAN CHALLENGE AND DIRECT HOMEOWNERSHIP ASSISTANCE — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D3 A BUDGET AMENDMENT TO THE HOME CARE FOR THE ELDERLY AGREEMENT BETWEEN COLLIER COUNTY AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, Page 190 May 12, 2015 INC. BY TRANSFERRING FUNDS BETWEEN BUDGET LINES FOR FY 14-15 — FOR CONTRACT #HCE 203.14 Item #16D4 AN AFTER-THE-FACT AMENDMENT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR THE COMMUNITY CARE FOR THE ELDERLY PROGRAM AND BUDGET AMENDMENT TO ENSURE CONTINUOUS FUNDING FOR FY 2014/2015 — AMENDMENT #3 INCREASES THE OVERALL FUNDING BY $25,000 TO CONTRACT #CCE 2013. 14 Item #16D5 REQUEST FOR PROPOSAL NO. 14-6274, PARKS AND RECREATION ACTIVITY MANAGEMENT SOFTWARE SOLUTION TO THE ACTIVE NETWORK, LLC, CHAIRMAN TO EXECUTE AGREEMENT, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT — FEES INCLUDE UNLIMITED TECHNICAL SUPPORT, NECESSARY UPGRADES, HOSTING/MAINTENANCE OF DATA, BACK-UPS AND INTEGRATED PAYMENT PROCESSING FEES Item #16D6 A 20% DISCOUNT ON COLLIER COUNTY PARKS AND RECREATION SWIMMING LESSON PROGRAMS TO ALL COLLIER COUNTY CHILDREN (AGE 5 AND UNDER) AND TO AUTHORIZING PARKS AND RECREATION TO PROMOTE THE DISCOUNT WITHIN THE NCH SAFE AND HEALTHY Page 191 May 12, 2015 CHILDREN'S COALITION "WATER SMART PRESCRIPTION BOOKLET." — FROM MAY 15 THROUGH AUGUST 31, 2015 Item #16E1 A MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND THE NAPLES UNITED CHURCH OF CHRIST IN SUPPORT OF EMERGENCY MANAGEMENT ACTIVITIES RELATED TO NATURAL AND MANMADE HAZARDS EMERGENCY RESPONSE — COORDINATING RELIEF EFFORTS AT THE TIME OF A DISASTER Item #16E2 RATIFYING PROPERTY, CASUALTY, WORKERS' COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE SECOND QUARTER OF FY 15 Item #16E3 THE CHIEF OF EMERGENCY MEDICAL SERVICES TO SIGN A LEE MEMORIAL HEALTH SYSTEM COMPUTER ACCESS REQUEST FORM(S) AND PHYSICIAN/OFFICE STAFF SECURITY AGREEMENT(S) TO OBTAIN MEDICAL RECORDS FROM LEE MEMORIAL HOSPITAL SYSTEM — ALLOWING COLLIER COUNTY EMS PERSONNEL ACCESS TO RECORDS OF PATIENTS THEY ARE TRANSPORTATING Item #16E4 Page 192 May 12, 2015 APPROVAL OF THE PRICE LIST DATED JUNE 12, 2013 FROM CON-AIR INDUSTRIES AND AUTHORIZING PAYMENT OF $2,455.92 IN OUTSTANDING INVOICES FROM 2013 AND 2014 Item #16E5 REPORTS AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR THE PERIOD OF APRIL 2, 2015 TO APRIL 21, 2015 Item #16E6 — Moved to Item #11B (Per Commissioner Taylor during Agenda Changes) Item #16F1 RESOLUTION 2015-89: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET — BUDGET AMENDMENTS #15-351 (EMERGENCY MEDICAL SERVICES) AND #15-353 (ROAD CONSTRUCTION GAS TAX) Item #16F2 — Moved to Item #11C (Per Commissioner Henning during Agenda Changes) Item #16H1 RESOLUTION 2015-90: APPOINTING RONALD J. DOINO TO THE CODE ENFORCEMENT BOARD AND ACCEPT HIS Page 193 May 12, 2015 RESIGNATION FROM THE CONTRACTORS LICENSING BOARD Item #16H2 RESOLUTION 2015-91 : REAPPOINTING TERRANCE P. JERULLE, THOMAS X. LYKOS AND RICHARD E. JOSLIN, JR. TO THE CONTRACTORS LICENSING BOARD WITH TERMS EXPIRING JUNE 30, 2018 Item #16H3 RESOLUTION 2015-92: APPOINTING EUGENE V. ERJAVEC, JR. TO THE HISTORICAL ARCHAEOLOGICAL PRESERVATION BOARD WITH A TERM EXPIRING OCTOBER 1, 2018 Item #16H4 RESOLUTION 2015-93: REAPPOINTING ROBERT A. MILLER AND CLARK WAKEFIELD HILL TO THE TOURIST DEVELOPMENT COUNCIL WITH TERMS EXPIRING APRIL 21, 2019 Item #16I1 MISCELLANEOUS ITEMS FILED FOR RECORD WITH ACTION AS DIRECTED Item #16J1 Page 194 May 12, 2015 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF APRIL 23 THROUGH APRIL 29, 2015 Item #16J2 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF APRIL 30 THROUGH MAY 6, 2015 Item #17A — Moved to Item #9E (Per Agenda Change Sheet) Item #17B — Moved to Item #9F (Per Agenda Change Sheet) Item #17C RESOLUTION 2015-94: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET Page 195 May 12, 2015 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TIM NANCE, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK Attest as to tiaian's signa(UrQ: nfy, z These minute approved by the Board on (of a / , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE NOTTINGHAM AND TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 196