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BCC Minutes 01/11/2011 R MINUTES BCC Regular Meeting January 11 , 2011 January 11, 2011 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 11,2011 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: Fred Coyle Jim Coletta Georgia Hiller Donna Fiala Tom Henning ALSO PRESENT: Leo E. Ochs, Jr., County Manager Jeffrey Klatzkow, County Attorney Ian Mitchell, Executive Manager to BCC Mike Sheffield, Business Operations Manager - CMO Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AIRPORT AUTHORITY AGENDA January] 1, 201 ] 9:00 AM Fred W. Coyle, BCC Chairman Commissioner, District 4 Jim Coletta, BCC Vice-Chairman Commissioner, District 5, CRAB Vice-Chairman Donna Fiala, BCC Commissioner, District 1, CRAB Chairman Georgia Hiller, BCC Commissioner, District 2 Tom Henning, BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page I January 11,2011 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 PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3329 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M. 1. INVOCA TION AND PLEDGE OF ALLEGIANCE A. Pastor Curt Ayers - Capri Christian Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. Selection of Chairman and Vice-Chairman 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation recognizing the Community Foundation of Collier County on their 25th anniversary. To be accepted by Colleen Murphy, President and CEO of the Community Foundation ofColJier County. Sponsored by Page 2 January 11,2011 Commissioner Fiala. B. Proclamation designating January 22,201 I as WINK News Feeds Families Hunger Walk Day in Collier County. To be accepted by Lois Thome from WINK TV. Sponsored by Commissioner Coletta. 5. PRESENTATIONS A. Presentation of the "Bus Mechanic of the Year" award by Florida Public Transportation Association to Stephen Hayes of Fleet Management. B. Recommendation to recognize Samantha Moran, Training Coordinator, Human Resources Department, as the Employee of the Year for 2010. C. Presentation by Robert Halman, Director, University Extension Services on the Impact of the Recent Freeze to the Agribusiness of Collier County. D. This item to be heard at 10:00 a.m. Presentation of the Blue Ribbon Panel Report regarding the Prehospital Emergency Medical Treatment and Transport (PEMTT) System. 6. PUBLIC PETITIONS A. Public Petition request by Anton Karaba and Eva Karabova seeking Board approval to retain the 10-foot fence they've built on their property. B. Public Petition request by Keith M. Sowers requesting that the Board of County Commissioners consider his request to participate in the Impact Fee Payment Assistance Program for the proposed U-Save Grocery Store in Immokalee. Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item continued from the December 14,2010 BCC Meetine:. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members: Resolution amending Resolution Number 2005-235 (Development Order No. 2005-01), as amended, for the Page 3 January 11, 2011 Town of Ave Maria Development of Regional Impact (DR!) located in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida; by providing for: Section One, amendments to the Development Order by revising Exhibit C: SRA Master Plan to divide Town Center 2 into Town Center 2a and Town Center 2b, to relocate Town Center 2b to Oil Well Road and to relocate an access point on Oil Well Road; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, transmittal to Department Of Community Affairs and effective date. (Petition: DOA- PL201O-l751) [Companion to SRAA-PL20l 0-1988](CTS) B. This item continued from the December 14, 2010 BCC Meetine:. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members: A Resolution amending Resolution Numbers 2004-89 and 2005-234A for the Town of Ave Maria Stewardship Receiving Area to revise the SRA Master Plan to divide Town Center 2 into Town Center 2a and Town Center 2b; to relocate Town Center 2b to Oil Well Road and to relocate an access point on Oil Well Road. The property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. (Petition: SRAA-PL201 0-1988)[Companion to DOA-PL20 I 0-1751] 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Parks and Recreation Advisory Board. B. Appointment of members to the County Government Productivity Committee. C. Request to consider suspending all further action on the part of County Staff, and any further spending of public funds related to the Jackson Labs project in light of Jackson's withdrawal of its application for funding to the State. Additionally, a separate request is proposed for a full accounting of all public funds spent on this project to date, including but not limited to the expenditure of public funds for County Staff time incurred in dealing with Page 4 January 11,2011 the project; such accounting to be presented to the BCC at the first meeting in February. (Commissioner Hiller) 10. COUNTY MANAGER'S REPORT A. Recommendation to adopt a resolution seeking authority to acquire by gift or purchase those perpetual and temporary easement interests necessary for the construction of stormwater improvements for Outfall #3 and #4 segments of the Lely Area Stormwater Improvement Project. (Project No. 5110 1.) Estimated Fiscal Impact: $1,556,500. (Norman Feder, Administrator, Growth Management Division) B. This item continued from the December 14, 2010 BCC Meetinl!: and will be heard after Items 7 A and 78. This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Eastern Collier Research Park Unit 18, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (Nick Casalanguida, Deputy Administrator, Growth Management Division) C. In support of the Golden Gate Beautification MSTU, recommendation to award Bid #10-5595 for, Coronado Parkway and Hunter Blvd. Median, Curbing and Landscape Installation Part One: Curbing to Bonness Inc. in the amount of $764,985.16, and Part Two: Landscape & Irrigation Installation to Hannula Landscape & Irrigation Inc. in the amount of$290,879.86. (Norman Feder, Administrator, Growth Management Division) D. Recommendation to review and approve projects and policy priorities proposed for the Collier County Fiscal Year 2012 Federal Legislative Agenda which will be presented to the Congressional Delegation and to advocate for federal funding consideration as well as pursue eligible 2011 Grants and any applicable federal programs that become available. (Debbie Wight, Legislative Affairs Coordinator) ] 1. PUBLIC COMMENTS ON GENERAL TOPICS Page 5 January 11, 2011 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 1 :00 p.m. That the Board reviews the Non- Binding Arbitration Decision related to the Rural Lands Stewardship Area Overlay and establishes whether the creation or amendment of a Stewardship Receiving Area requires an affirmative vote of three or four members of the Board of County Commissioners. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Recommendation to the Community Redevelopment Agency (CRA) to complete the 20 I 0 annual performance evaluation for the Immokalee CRA Executive Director. B. Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopts a Resolution approving the proposed rate schedules for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport for 20 II. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ---------------------------------------------------------------------------------------------------- ]6. 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) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of Biscayne Bay at Heritage Bay Unit Four, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the Page 6 January 11,2011 performance security. 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Hammock Bay with the roadway and drainage improvements being privately maintained and authorize the release of the maintenance security. 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of 3500 Corporate Plaza with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 4) Recommendation to approve Release and Satisfactions of Lien for four separate Code Enforcement cases. 5) Recommendation to award RFP #10-5483 an agreement between Collier County and Tindale-Oliver & Associates, Inc. for Phase 2 of the Master Mobility Plan. Estimated contract amount of $315,700. 6) Recommendation to award Bid #10-5491, Fiber Optic Cable Installation, Maintenance & Repair to Aztek, Inc. 7) Recommendation to approve the request by Creekside West, Inc. to allow for the future transfer of Road Impact Fees paid for one parcel within the Creekside Planned Unit Development (PUD) to another parcel within the same PUD, as the subject development on the original parcel is changing from construction of a shell building to the construction of a parking garage, which does not require payment of Road Impact Fees. 8) Recommendation to award ITB #1 1-5602 for a Traffic Signal Upgrade at the intersection of Airport Pulling (CR 31) and Pine Ridge Road (CR 896) to Itran Partners, Inc. in the amount of$344,763.95. 9) Recommendation to award Contract #10-5586 for the installation of an emergency generator at Collier Area Transit Facility at 8300 Radio Road to Wm. 1. Varian Construction Co. Inc., in the amount of $90,223.85 plus ten percent contingency ($9,022) to total $99,245.85. Page 7 January 11, 2011 10) Recommendation to award RFQ #09-5220, Vanderbilt Beach MSTU Roadway Grounds Maintenance to Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance, Inc. in an estimated annual amount of$61 ,079. ] 1) Recommendation to approve the FY I I Program of Projects and authorization to submit an application for Federal Transit Administration Section 5307 FYII Grant Funds estimated at $2,578,927. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle Area. (17 I 2 Commercial Drive, $50,000) C. PUBLIC UTILITIES 1) Recommendation to award Contract # I 0-5599 to Stantec Consulting Services, Inc., in the amount $34 I ,534, for Construction Engineering Inspection Services for the first stage of Phase IV of the South RO Wellfield Raw Water Transmission Main Repair Project No. 70030. D. PUBLIC SERVICES ]) Recommendation to approve submittal ofa 4-H Foundation, Inc. Grant Application requesting $63,825 for 4-H Outreach Coordinators and enhance outreach activities managed by the Collier County University of Florida /IF AS Extension Department. 2) Recommendation to approve and authorize the Chairman to sign four (4) releases oflien for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units that were transferred from the developer to the new owner. 3) Recommendation to approve and authorize the Chairman to sign five (5) releases of lien for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units that have been Page 8 January 11, 2011 repaid in full. 4) Recommendation to approve and authorize the Chairman to sign nine (9) Satisfactions of Mortgage for owner occupied affordable housing dwelling units that have satisfied the terms of assistance. 5) Recommendation to approve and authorize the Chairman to sign six (6) Satisfactions of Mortgage for owner occupied affordable housing dwelling units that have been repaid in full to Collier County. 6) Recommendation to approve and authorize the Chairman to sign three (3) Mortgage and Note Modification Agreements for Single Family Rehabilitation to correct the total funds disbursed on previously recorded security instruments. 7) Recommendation to approve and authorize the Chairman to sign three (3) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants with a continuing fiscal impact of $45,083.78. 8) Recommendation to approve and authorize the Chairman to sign an agreement in the amount of$258,667 wjth the Agency for Health Care Administration (AHCA) and Collier Health Services (CHS) to participate in the Medicaid Low Income Pool Program (LIP). Participation in this program will generate an additional $452,907 in Federal matching funds to be paid directly to CHS for services for the most medically needy in Collier County. 9) Recommendation to approve and authorize the Chairman to sign certifications required by the State of Florida, Department of Children and Families (DCF) in order to be eligible to be awarded 2011 Challenge Grant funding. 10) Recommendation to accept an additional list of equipment to be purchased with the Health Care and Other Facilities Special Congressional Initiative Earmark from the US Department of Health Page 9 January 11, 2011 and Human Services accepted by the County on September 29,2009, Agenda Item # 16D6. 11) Recommendation to approve and authorize the Chairman to sign an Agreement with the David Lawrence Center to operate a post- adjudication, court supervised, substance abuse treatment program known as the Collier County Drug Court Program. Funding has been provided through Grant #201O-DC-BX-0016 from U.S. Department of Justice, Bureau of Justice Assistance. No general funds are associated wi th this project. 12) Recommendation to approve an amendment to the Homelessness Prevention and Rapid Re-Housing Program (HPRP) Administrative Plan, which provides guidance on the programmatic design, eligibility guidelines and assistance limitations for agencies participating in the HPRP program. The proposed amendment would increase the amount of medium term HPRP financial assistance a client could receive from the maximum $3,000 to $5,000 per client over an 18 month period. 13) Recommendation to approve and authorize the Chairman to sign an amendment to a 2009-20 I 0 Community Development Block Grant (CDBG) Subrecipient Agreement with the Shelter for Abused Women & Children (SA WCC) approved September 15,2009. The amendment revises Exhibit A, Section B - the Budget, updating the budget to facilitate reimbursement. 14) Recommendation to reject solicitation (ITB) #1 1-561 I for East Naples Community Center Roll Down Shutters and associated proposals that were submitted and authorize the Purchasing Department to re-solicit for services. FYII impact associated with solicitation is $166,954. 15) Recommendation to approve an award for Invitation to Bid (ITB) #10-5568-R for Fitness Equipment Repair and Purchase to Tropic Gym Tech, LLC. ($70,000 approximate annual spending) 16) Recommendation to approve a revised Resolution of the Board of County Commissioners of Collier County, Florida, supporting the County's Four Grant Applications to the Florida Department of Environmental Protection (FDEP) for Long Range Grant Funding Page 10 January 11, 20]1 Requests for FY 2011-20 I 2, agreeing to be the Local Sponsor and committing Local Cost Share Funds, and authorizing necessary budget amendments. E. ADMINISTRATIVE SERVICES 1) Recommendation to ratify an addition and a modification to the 20 I I Fiscal Year Pay and Classification Plan made from October 1,2010 through December 31, 20 I O. 2) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. 3) Recommendation that the Board approve, and authorize the Chairman to sign two Lease Agreements with the Florida Fish and Wildlife Conservation Commission (FWC) to allow FWC to conduct Youth Hunts for Collier County residents at Pepper Ranch Preserve in January and February, 2011. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and authorize the Chairman to sign the submittal of a Volunteer Fire Assistance Grant Application in the amount of $4, 125 to the Florida Division of Forestry for the purpose of purchasing a fire hose for the Brush Vehicles and Class A Foam. 2) Recommendation for the Board to approve an economic development agency report required by Section 125.045, Florida Statutes and authorize the County Manager to submit a copy of the report to the Office of Economic and Demographic Research. 3) Recommendation to approve after the fact approval for submittal of a Volunteer Fire Assistance grant application to Florida Division of Forestry for required wildfire protective clothing & firefighting foam. 4) Recommendation that the Board of County Commissioners award Bid #11-5623 for the Purchase and Delivery of Pine Straw Mulch to Custom Pine Straw, Inc. Page 11 January 11,2011 5) Recommendation to award Bid No. I I -5607, for the construction of a boat dock at the Isles of Capri Fire Station, Project 50070, in the amount of $97,776 to M. E. Gose Inc. and authorize the necessary budget amendment. 6) Recommendation to adopt a Resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the fiscal Year 201 0- I I Adopted Budget. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Press Club Holiday Party at the Bellasera in Naples, FL on December 9, 2010. $40 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Monthly Luncheon on December 16, 2010 at Hamilton Harbor Yacht Club in Naples, FL. $18 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the United States Coast Guard Auxiliary Flotilla 95 Change of Watch on January 8, 2011 at Hideaway Beach Club on Marco Island, FL. $50 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Friends of the Library Member Appreciation Reception on January 14,2011 in Naples, FL. $25 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Page 12 January 11,2011 Attended the Marco Island Area Chamber of Commerce Annual Installation Celebration and Leadership Marco Graduation on January 9,2011 on Marco Island, FL. $75 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Everglades City Hall Annual Christmas Party on Friday, December 17,20 lOin Everglades City, FL. $15 to be paid from Commissioner Coletta's travel budget. 7) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the ULI Southwest Florida 14th Annual Winter Institute Real Estate Trends Conference on January 13,2011 in Naples, FL. $25 to be paid from Commissioner Coletta's travel budget. 8) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Commissioner Henning attended the Collier Building Industry Association's 2011 Installation Dinner. Held at Olde Cypress Country Club - 7165 Treeline Drive, Naples, FL., on December 8, 20 I O. $45 to be paid from Commissioner Henning's travel budget. 9) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Trip to Washington, DC including airfare and hotel. $434.16 to be paid from Commissioner Coletta's travel budget. ] 0) Proclamation recognizing Edward "Ski" Olesky for his contributions to the residents and visitors of Collier County. To be presented at the TDC Meeting January 24, 2011 by Commissioner Tom Henning. I. MISCELLANEOUS CORRESPONDENCE ]) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Page 13 January 11,2011 1) To obtain Board approval for disbursements for the period of November 27, 2010 through December 3, 2010 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of December 4, 20] 0 through December 10, 20 I 0 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of December I I, 20 I 0 through December 17, 20 I 0 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of December 18,2010 through December 24,2010 and for submission into the official records of the Board. K. COUNTY ATTORNEY ]) Recommendation to Approve a Stipulated Final Judgment as to Parcels 156FEE and 156TCE in the Lawsuit Styled Collier County v. Katheryn Moreno, et at., Case No. 10-274] -CA (Collier Boulevard Project No. 68056). (Fiscal Impact: $38,570.) 2) Recommendation to approve an increase in the purchase order for Grant, Fridkin, Pearson, Athan & Crown to the total of $115,000 for the case Ker Enterprises, Inc., d/b/a Armadillo Underground v. APAC-Southeast, Inc. v. Collier County, Case No. 09-8724-CA, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, (Vanderbilt Beach Road Project No. 63051) (Fiscal Impact: an additional $50,000). 3) Recommendation to approve a Stipulated Final Judgment in the amount of $50,500 for Parcel 811 in the lawsuit styled Collier County v. Myrtle Preserve, LLe., et at., Case No. 07-0463-CA (Lely Area Stormwater Improvement Project No. 51] 01.1) (Fiscal Impact: $40, ]40) 4) Recommendation that the Board (I) authorize the County Attorney to take all necessary steps to Voluntarily Dismiss Without Prejudice Page 14 January 11,2011 Collier County's Bond Validation Complaint, and (2) Rescind Resolution No. 20 I 0-2 I I, which Resolution authorized issuance of $130,000,000 in Bonds for acquisition, construction and to equip a scientific research and services facility to be operated by the Jackson Laboratory. 5) That the Board of County Commissioners approves, and authorizes its Chairman to sign, a Tri-Party Developer Contribution Agreement with E's Country Stores, LLC, and Roberto Bollt, with respect to certain road improvements located generally at the southeast comer of Immokalee Road and Oil Well Road. ] 7. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: ]) 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. Recommendation to approve Petition: V AC-PL201O-2039, Lowes South Naples, to disclaim, renounce and vacate County and Public interest in that portion of a IS-foot wide utility easement originally recorded in Official Record Book 1872, page 1444 of the Public Records Collier County, Florida and in that portion of a 15 foot C.U.E. (County Utility Easement) created by the plat of Capri Commercial Center No.2, Recorded in Plat Book 49, Pages 5 through 8, all located in Section 3, Township 51 South, Range 26 East, Collier County Florida being more specifically shown and described in Exhibit A. B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Page 15 January 11, 2011 Fiscal Year 2010-1 I Adopted Budget. C. Recommendation to amend Ordinance No. 75-16, as amended, relating to meetings of the Board of County Commissioners, clarifying the time frame for the election of a Chairman and/or Vice-Chairman, as applicable, after the General Election and designating who shall serve as temporary Chairman in the absence of the Chairman and Vice-Chairman with respect to all matters outside of meetings. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 16 January 11, 2011 January 11,2011 CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission meeting is now in session. I would like to start the meeting with a moment of silence in honor of those who were killed and wounded in the senseless shooting in Tucson, Arizona, and as we ponder the relationship between acts such as that and the vitriol which seems to accompany political discourse, even in our own community. So please join me in a moment of silence. (Moment of silence.) Item #lA INVOCA TION AND PLEDGE OF ALLEGIANCE CHAIRMAN COYLE: Thank you very much. And we will have the invocation by Pastor Curt Ayers. Will you please all stand. p ASTOR AYERS: Father, we thank You for this moment that we could be silent before You and we could be thinking of others who are suffering right now, those who are in great pain because of loss, because of injury and because of the senseless act that was taken towards those people. And we just pray, Lord, that You would bless them and help these families and watch over them. And help us to realize that when we see things like that, that we have a pretty good life and we have good things happening to us. And all the storms that happen around us don't compare sometimes to the suffering of others. And help us to remember that. We ask today that You would give us Your understanding. Help us to see things the way that You see them. Help us to set our priorities that way so that we'll know what You want us to do and when You want us to do it. Help us forget about the little things and to be thinking -- majoring on the important things in life and to keep Page 2 January 11,2011 those at the top of our list. We ask You also, Lord, help us remember that during these tough times we still have a lot that You have given us. Help us to be good stewards of that. Help us to be good stewards of our ideas, of our opportunities and of our resources. And I pray with Your wisdom and guidance, if we do that then we'll be able to make things work and be able to pay for the things that need for to be paid for. Again, Lord, I ask You to help us to be able to work together. Sometimes that's a difficult order. We have a difference of opinions, we have a wide range of ideas. Help us always to remember that what we're doing here today is for the higher good of this community, and we must forget about pride, must forget about egos, and let's think about what is best. Again, Lord, we thank You for all these things. We thank You for this moment and for these people on this Commission, and for all those who are being a part of this meeting. In Jesus' name we pray, amen. CHAIRMAN COYLE: Thank you, Pastor Ayers. Would you please join us for the pledge of allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. Please be seated. County Manager, do you have some changes for the agenda today? Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND OR ADOPTED W/CHANGES MR. OCHS: Sir, I do. Good morning, Commissioners. These are agenda changes for your Board of County Commissioners meeting January 11,2011. Page 3 January 11,2011 First change is to withdraw Item 6B. It was a public petition request for impact fee payment assistance. The petitioner will go through your normal impact fee payment application process through your EDC and then back to the staff. Next item is a request from the petitioner to continue Items 7 A, 7B and lOB. These are all zoning and development order actions related to the Town of Ave Maria. These items have been requested to be continued by the petitioner until your February 22nd board meeting. Next item is a request for an add-on to today's agenda. If approved, it would become add-on Item 9D. It's a recommendation that the Collier County Airport Authority rescind Collier County Airport Authority Administrative Code Policy No. 631, and require that all rates and fees charged at the airports be set and all airport related agreements and leases be approved by the Collier County Airport Authority. And that add-on is requested by Commissioner Hiller. Next change is to move Item 16C1 from your consent agenda. It would become Item lOF. It's a recommendation to award a contract to Stantec Consulting Services for construction engineering, inspection services for the south reverse osmosis well-field raw water transmission main repair project. And that item is being removed at staffs request. Next change is to move Item 16F2 from the consent agenda to become Item 10E. It's a recommendation for the Board to approve an Economic Development Agency report required by Florida statutes. And that item has been moved at Commissioner Hiller's request. Next item is to withdraw Item 16H5. It was a reimbursement expense request from Commissioner Fiala for valid public purpose. Withdrawn at Commissioner Fiala's request because she was not able to attend that event. Next change is to withdraw Item 16K2. It's a recommendation to Page 4 January 11,2011 approve an increase in a purchase order for an outside legal firm in the case of Armadillo Underground versus AP AC-Southeast versus Collier County. This is withdrawn at the County Attorney's request. He intends to bring this back at a later date. Three agenda notes. First is there's a correction to item 16D7 that Commissioner Fiala brought to our attention. In the executive summary the staff recommendation section should read: To approve and authorize the Chairman to sign the attached three lien agreements for deferral, rather than two lien agreements for deferral. Thank you, Commissioner. CHAIRMAN COYLE: Thank you. County Attorney? MR. KLATZKOW: No changes, sir. MR. OCHS: I'm sorry, there's two time certains I wanted to note. Item 5D, just a presentation of your Blue Ribbon Panel, is at 10:00 a.m. Item 12A under the County Attorney's agenda will be heard at 1 :00, time certain. CHAIRMAN COYLE: Okay, thank you very much. And now we will start with ex parte disclosure and any changes to the agenda by commissioners for the consent and summary agenda for ex parte. And we'll start with Commissioner Hiller today. COMMISSIONER HILLER: Can you all hear me? On Item A.1 under the consent agenda, meetings and e-mails. CHAIRMAN COYLE: Okay. And Commissioner Fiala? COMMISSIONER FIALA: I have nothing on the consent nor the summary agenda to disclose at this time, and I have no changes to the agenda. CHAIRMAN COYLE: Okay. And I have no disclosures for the consent or summary agenda. And I have no additional changes for the agenda. Commissioner Coletta? Page 5 January 11,2011 COMMISSIONER COLETTA: Yes, sir, good morning. No changes to the agenda, and I have nothing to declare. CHAIRMAN COYLE: Thank you. And Commissioner Henning? COMMISSIONER HENNING: Good morning. I have no changes to -- further changes to today's agenda, and I do have ex parte communication on 16A 1, which is a Heritage plat. I spoke to County Manager and his staff about that issue. CHAIRMAN COYLE: Okay, thank you very much. Now, before I take votes on the approval of the agenda, I would like to ask a question concerning the add-on item of 9D. Was that advertised, County Manager? MR. OCHS: No, sir. It was not part of your printed agenda. It came afterwards. CHAIRMAN COYLE: Okay. Then I think that in the public's best interest, I would ask Commissioner Hiller if she would be willing to make the same motion to place this on the next agenda, and that way we can advertise it and permit public input. Okay? COMMISSIONER HILLER: I have no problem with that. CHAIRMAN COYLE: Good. Then with respect to all of the other changes to the agenda, I will accept a motion to approve the regular consent and summary agenda. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Okay, motion to approve -- COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: -- the agenda as modified by the County Manager. And second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. Page 6 January 11,2011 COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Opposed? (No response.) CHAIRMAN COYLE: Motion passes. Any opposed by like sign. (No response.) CHAIRMAN COYLE: It is approved. And Commissioner -- was Coletta first? COMMISSIONER COLETTA: I'm fine, sir. CHAIRMAN COYLE: Okay, then Commissioner Fiala? Page 7 Agenda Changes Board of County Commissioners Meeting January 11, 2011 Withdraw Item 6B: Public Petition request by Keith M. Sowers requesting that the Board of County Commissioners consider his request to participate in the Impact Fee Payment Assistance Program for the proposed U-Save Grocery Store in Immokalee. (Petitioner's request) Continue Companion Items 7A, 7B and lOB to Februarv 22, 2011 BCC Meetin!!: The Town of Ave Maria DOA-PL-2010-1751, SRAA-PL2010-1988 and Final Plat. (Petitioner's request) Add Item 9D: Recommendation that the Collier County Airport Authority rescind Collier County Airport Authority Administrative Code Policy No. 631 and require that all rates and fees charged at the airports be set, and all airport related agreements and leases be approved, by the Collier County Airport Authority. (Commissioner Hiller's request) Move Item 16CI to Item 10F: Recommendation to award Contract 10-5599 to Stantec Consulting Services, Inc., in the amount of $341,534, for Construction Engineering Inspection Services for the first stage of Phase IV of the South RO Welltield Raw Water Transmission Main Repair Project, Project No. 70030. (Staff's request) Move Item 16F2 to Item 10E: Recommendation for the Board to approve an economic development agency report required by Section 125.045, Florida Statutes and authorize the County Manager to submit a copy of the report to The Omce of Economic and Demographic Research. (Commissioner Hiller's request) Withdraw Item 16H5: Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Area Chamber of Commerce Annual Installation Celebration and Leadership Marco Graduation on January 9, 2011 on Marco Island, FL. $75 to be paid from Commissioner Fiala's travel budget. (Commissioncr Fiala's request) Withdraw Item 16K2: Recommendation to approve an increase in the purchase order for Grant, Fridkin, Pearson, Athan & Crown to a total of $115,000 for the case of Ker Enterprises, Inc., d/b/a Armadillo Underground v. APAC-Southeast, Inc. v. Collier County, Case No. 09-8724-CA, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, (Vanderbilt Beach Road Project No. 63051) (Fiscal Impact an additional $50,000). (County Attorney's request) Note: Correction to Item 16D7: In the Executive Summary, the Staff Recommendation section should read, "To approve and authorize the Chairman to sign the attached three (3) lien agreements for deferral" rather than two (2) lien agreements for deferral. Time Certain Items: Item 5D to be heard at 10:00 a.m. Item 12A to be heard at 1 :00 p.m. 1/11/20118:35 AM January 11,2011 Item #2B SELECTION OF CHAIRMAN AND VICE-CHAIRMAN - MOTION TO APPOINT COMMISSIONER COYLE AS CHAIRMAN AND COMMISSIONER COLETTA AS VICE- CHAIR - APPROVED COMMISSIONER FIALA: Yes. We go to the selection of the chairman. Now, I don't know how this is going to hit you, but I would like you to stay on as chairman for one more year. COMMISSIONER COLETTA: I'll second that. COMMISSIONER FIALA: I just -- and I don't know, can he not accept it ifhe doesn't like that idea? But being that we're embroiled in this thing right now, I would like to select you to stay on as chairman. COMMISSIONER COLETTA: If I may add to that, you know, this has been vetted with people through the ringer this past year. So we're going to reward him by allowing him to go through the ringer for an extra year. But, you know, like there's an old saying, you don't want to change horses in midstream, so I think it's a wonderful idea, and I'd like to include that in my second. CHAIRMAN COYLE: I can't tell you how much I appreciate that. COMMISSIONER COLETTA: I kind of thought you'd be overwhelmed. CHAIRMAN COYLE: Well, I -- okay, we may as well take a vote. We need to have -- Commissioner Coletta, your light is on, then Commissioner Henning. COMMISSIONER COLETTA: That was looking to make the motion. That's fine. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Just for clarification from Commissioner Fiala. When she stated that we're embroiled in this, I Page 8 January 11,2011 don't know what that means. Could you clarify that? COMMISSIONER FIALA: Well, we've been working on this biomedical village for some time. We don't know how it's going to come out yet because we haven't heard from the Governor. And -- but the person who has led us and I think masterfully through this through the ups and downs has been Commissioner Coyle. And not only that, he's done a great job as chairman, and I would like to see him continue on. COMMISSIONER HENNING: So if you're talking about Jackson Labs and Commissioner Coyle's work, what's the difference between that and being chairman? COMMISSIONER FIALA: Doesn't make a difference. COMMISSIONER HENNING: Doesn't, okay. You know, I think it's good to have different leadership styles on this board. And we have done that in the past. I don't see where it has anything to do with biomedical or commissioner -- COMMISSIONER FIALA: Okay, scratch that comment, I would just like to see him stay on. COMMISSIONER HENNING: -- Commissioner Coyle's work on Jackson Labs. COMMISSIONER FIALA: Okay. COMMISSIONER HENNING: You know. And I would like for us to proceed like we have historically. Commissioner Coletta is in the ranking for being the Chair, and I think it's well deserved. COMMISSIONER FIALA: I'd like to nominate him as vice chair. CHAIRMAN COYLE: Is that the motion? COMMISSIONER FIALA: Well, being that Commissioner Henning brought up Commissioner Coletta, I'm just saying that then I would like to nominate him as vice chair. But I don't think that that's CHAIRMAN COYLE: You want to do this on a single vote, the Page 9 January 11,2011 chair and the vice chair at the same time? COMMISSIONER FIALA: We can do that. CHAIRMAN COYLE: Is there a second to Commissioner Coletta? Commissioner Coletta, are you going to second yourself? COMMISSIONER FIALA: Why don't you second it? CHAIRMAN COYLE: I'll second it. Commissioner Hiller? COMMISSIONER HILLER: Can someone take care of the static? My fault. Sorry about that. It is absolutely essential that we have rotating leadership. The whole idea is to allow for different ways of getting things done and also for allowing for the various districts to be fairly and equally represented in that leadership role. What I'm seeing in Collier County as a pattern is entrenched leadership and cronyism. I'm seeing it on the advisory committees and now I'm seeing it at the board level. And that's a real problem. We need fresh approaches, we need new ideas. And so to suggest that Commissioner Coyle remain chair for the next year goes contrary to the public's interest. The rotation should continue as it has historically. In the past, if Commissioner Halas were sitting here today, he would be the next chairman. However, given that I am new to the board, I would like to see the rotation continue in that fashion with Commissioner Coletta being the next chair and Commissioner Henning being the vice chair. And anything else I think is contrary to the public's interest. CHAIRMAN COYLE: Okay, thank you very much. We have a motion for the chair and the vice chair for me to continue as the chair and Commissioner Coletta to be the vice chair for the next year. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. Page 10 January 11,2011 CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay, the motion passes 3-2, with Commissioner Henning and Commissioner Hiller dissenting. Just as a note, I will have some requests relative to that, and perhaps some recommendations of appointment to certain of our advisory committees or councils next time for the board to consider. Because there are certain things about the schedules of advisory committees that actually do interfere in the process of performing the functions of the chair. And I'll present those to the Board for consideration next time, since I am not prepared to do so now. So let's move on to service awards. We don't have any. MR. OCHS: No service award this morning, Mr. Chairman. Item #4A PROCLAMATION RECOGNIZING THE COMMUNITY FOUNDATION OF COLLIER COUNTY ON THEIR 25TH ANNIVERSARY. ACCEPTED BY COLLEEN MURPHY, PRESIDENT AND CEO OF THE COMMUNITY FOUNDATION OF COLLIER COUNTY. SPONSORED BY COMMISSIONER FIALA - ADOPTED CHAIRMAN COYLE: Okay, proclamations. MR. OCHS: Yes, sir. 4A is a proclamation recognizing the Community Foundation of Collier County on their 25th anniversary. To be accepted by Colleen Murphy, president and CEO of the Community Foundation 0 Collier County. This proclamation is sponsored by Commissioner Fiala. Page 11 January 11,2011 Would you please come forward. CHAIRMAN COYLE: Thank you, Colleen. MS. MURPHY: It really is a proud moment for our organization to be in this county. COMMISSIONER FIALA: Go to the microphone -- CHAIRMAN COYLE: Yeah, so we can get you on record. MS. MURPHY: Thank you. This is my first time in front of all of you, but I just would really like to say, you know, our organization is so proud to have served this community for 25 years. And today we have our 25th anniversary celebration luncheon at the Naples Beach Club. And I just want to assure you that the proclamation will be read today and is very much appreciated. Thank you again. COMMISSIONER FIALA: Thank you for all that you do within our community, by the way. Item #4 B PROCLAMATION DESIGNATING JANUARY 22,2011 AS WINK NEWS FEEDS FAMILIES HUNGER WALK DAY IN COLLIER COUNTY. ACCEPTED BY LOIS THOME FROM WINK TV. SPONSORED BY COMMISSIONER COLETTA- ADOPTED MR. OCHS: Commissioners, next item is 4B. It's a proclamation designating January 22nd, 2011 as WINK News Feeds Families Hunger Walk Day in Collier County. The proclamation will be accepted by Lois Thome from WINK TV, JoAnne Bradshaw, Harry Chapin Food Bank, Al Brislain, Harry Chapin Food Bank, and Armondo Galella, District Director, Catholic Charities. Please come forward. CHAIRMAN COYLE: If any of you would like to make any comments, please go to one of the podiums. Page 12 January 11,2011 Lois is accustomed to talking. MS. THOME: It's very gracious of A1 to let me come forward. Weare so proud to be in front of you this morning accepting this proclamation. As you know, so many people in our community are suffering right now. And the Harry Chapin Food Bank is there for them every -- 365 days of the year. And so many of them are needing help now more than ever, many for the first time through no circumstance or problem of their own. And so we are so proud to have the Harry Chapin Food Bank in our community. And they're one of the best investments in town. You give them a dollar and they'll give you $6.00 worth of food. Who can do that for you immediately? So thank you so much for allowing us to be in front of you today, and we hope everyone out there will join us at the Hunger Walk, raise some money and help those in need in our community. Thank you. CHAIRMAN COYLE: Thank you for all the good work you do. MR. GALELLA: I just quickly want to recognize also Catholic Charities as one of the great organizations here in Collier. We partner with a lot of organizations and they do an incredible job. Thank you very much. CHAIRMAN COYLE: Thank you. Item #5A PRESENT A nON OF THE "BUS MECHANIC OF THE YEAR" AWARD BY FLORIDA PUBLIC TRANSPORTATION ASSOCIATION TO STEPHEN HAYES OF FLEET MANAGEMENT - PRESENTED MR. OCHS: Commissioners, that takes us to Item 5 on your agenda, presentations. Item 5A is a presentation of the Bus Mechanic of the Year award Page 13 January 11,2011 by Florida Public Transportation Association to Stephen Hayes of Fleet Management. Steve, if you'd come forward. MR.OCHS: Commissioner, Steve Hayes was selected as the Florida Public Transportation Association's Bus Mechanic of the Year for 2010 out of the many candidates considered for transit bus systems throughout the state. Steve was one of Collier County's top producing mechanics during the past year. This was an amazing feat, considering his additional shop management duties and responsibilities included setting and monitoring daily shop priorities, quality control, parts management and shop administration. He constantly looked for means to reduce costs and frequently shopped outside of existing contracts to find the most effective sources for our parts and services. His efforts resulted in considerable savings to the operating cost of our transit and para-transit systems, while providing notable improvements to the quality and reliability of our bus fleet. Steve was key to the success of Collier County's public transportation systems in the past year to include completion of both Florida Department of Transportation and Federal Transit Administration audits with no findings on either. Commissioners, we're very proud and pleased and thankful for Steve's effort this past year. Thank you, Steve. CHAIRMAN COYLE: Thanks, Steve. MR. HAYES: Thank you. MR. OCHS: Commissioners, I failed to ask for a motion approving the proclamation. I'm sorry. CHAIRMAN COYLE: Yes, and I failed to ask for it. It was my fault. So could I have a motion for the -- COMMISSIONER COLETTA: So moved. CHAIRMAN COYLE: -- two proclamations. Page 14 January 11,2011 Motion by Commissioner Coletta. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) CHAIRMAN COYLE: The proclamations pass unanimously. Item #5B RECOGNIZING SAMANTHA MORAN, TRAINING COORDINATOR, HUMAN RESOURCES DEPARTMENT, AS THE EMPLOYEE OF THE YEAR FOR 2010 - PRESENTED MR. OCHS: Thank you. Our next item is 5B. It's a recommendation to recognize Samantha Moran, Training Coordinator, Human Resources Department, as the employee of the year for 2010. Sam, come on forward. Commissioner, Sam is the Training Coordinator of our Human Resources Department. She was selected by a committee of her peers from a list of all of the employees of the month this past year as the employee of the year. Sam has been with the county for five years working in the Human Resources Department managing our training program. She consistently goes above and beyond to make sure that each employee's training experience is positive. One of the courses that Sam leads several times throughout the Page 15 January 11,2011 year is the ICMA supervisor training course. Through this 10-week course she has successfully mentored over 100 employees on all aspects of supervision. Very important for our succession planning. She leads her classes with competence and enthusiasm, inspires participance and incorporates the lessons learned in their everyday work activities. She continues to be the go-to person for them and many others. Always available to offer advice, creative solutions and innovative ideas to reduce training costs. Sam's also an active member of our Step-Up Committee, working on business process improvement projects throughout the organization. And she successfully contributed to numerous projects during the past year. She's obviously highly regarded and respected as a leader and a human resources professional, and we are truly fortunate to have such a dedicated employee, and certainly Sam is very deserving of this award. So Commissioners, I present to you Sam Moran, our employee of the year for 2010. Item #5C PRESENTATION BY ROBERT HALMAN, DIRECTOR, UNIVERSITY EXTENSION SERVICES ON THE IMPACT OF THE RECENT FREEZE TO THE AGRIBUSINESS OF COLLIER COUNTY - PRESENTED MR. OCHS: Commissioners, that takes us to item 5C on the agenda. It's a presentation by Robert Halman, Director, University Extension Services on the impact of the recent freeze to the agribusiness in Collier County. Robert, good morning. MR. HALMAN: Good morning, Commissioners. Robert Halman, Director of University Services, Extension Services. Page 16 January 11,2011 I have some bad news, some good news and then some bad news, unfortunately. I gave a presentation just in January about this same issue with our crop freeze. The bad news is that a crop damage was in all five counties in the southern southeast -- southwest region of the state. That includes Hendry County, Glades County and some of the other countries. The good news is that the major damage was in the northern part of Collier County, which didn't affect a whole lot of our vegetables and fruits. But it was a damaging crop to Lee, Hendry and any of the counties above us. The other bad news is that this is the same thing that happened earlier this year. The other bad news may be that I heard just this morning that we probably will have a temperature of 30 degrees or less over the weekend. So we're hoping that this does not occur, and if it does, this will affect our crops again. Although the late November and December cold weather was not devastating as it was in January, it was hurtful to a lot of the same crops that we had in January of this year. So the crop losses -- estimated financial losses from the specialist up at the university, the loss of production of somewhere around $140 million for the seven major vegetable crops. These include: Tomatoes, peppers, green beans, eggplants and other crops such as this. The growers, we're talking about $140 million. But when you look at the tomatoes that were approaching maturity, these had a full load on them. And much of the fruit is already starting to drop or has dropped already. And the yields will be reduced somewhere around 50 percent. So this could be even less than that if the plants tend to die even more. So we're looking at some frost damage on our citrus. There was trees all over being frosted, especially the small trees. The young trees were fairly well affected. And some of the older trees. As you can see from this slide, we had a lot of fruit drop on these Page 17 January 11,2011 trees. These estimates will probably increase by some 10 to 20 percent, because the more damage were (sic) uncovered as losses. On the non-sellable items such as frozen fruit, we are -- most of our citrus crop here is carried to juices. And because the crop is frozen, the juice amount is less, so the producers will get less from these crops. So we're looking at a major drop in sellable items. You didn't ask a whole lot about the marine industry, but it is affected here, just as it was last year, the grouper crop and also some of the other fisheries. What we have heard is that there haven't been any major fish kills. There's been a couple around, and I put that in your narrative. But as we look at these fisheries, we find that most of the information that we're getting is not so much that it came from the freeze, it's just that there may have been some fish varieties out there or species that were susceptible due to stress from the cold weather. Some of the groups that were impacted. We really talk about a domino effect here, because we have not only the crop itself, but we have the farmers themselves, the producers, the farm laborers, many of the families, either the area of field farm workers, the packing house workers, all of those people are affected. We're looking at the farm workers loss of income of somewhere around $33 million with agribusiness sales losing somewhere around 23 million. On December 23rd, Governor Crist, in one of his last acts as Governor, declared a -- sent a request to U.S.D.A. to declare all of Florida agriculture a disaster area. So that declaration would make growers eligible for low interest loans and possible financial aid. The only problem with that is a lot of these farmers are already in debt already from just establishing their crops for the upcoming growing season, and also they're still in debt from establishing their crop from last year's freeze. So this is not a good situation for any of our farmers out there. Page 18 January 11,2011 So what is the future impact on Collier agricultural? Some of the plants that survive will probably regrow, although there will be decreases in yields. Again, the good part about this is that a lot of our fruits and vege -- a lot of our vegetable crops are grown below Immokalee, and they didn't yield such a bad or disastrous time over the cold weather. It was mostly what happened above Immokalee. Although we had some fruit drop from the citrus, this increased mainly due to the wheat plants, and that has to do with the diseases that are already out there in our citrus crop such as citrus greening and citrus canker. So some of the fruit from these trees which were already weak had problems and stress when it came to fruit drop. And so that's also a decrease in dollars for growers. Frozen fruit again -- CHAIRMAN COYLE: I'm sorry. Yes. COMMISSIONER FIALA: Can I just ask you one thing? When you said above Immokalee, what does above Immokalee mean? Just so I can understand how this relates. MR. HAL MAN : When we're talking above Immokalee if -- really, the temperature and even the topography up in that area changes as you get above the town of Immoka1ee and go into Hendry and Lee Counties. COMMISSIONER FIALA: Okay, thank you. MR. HALMAN: Anything above that, yes. The frozen fruit, as I talked about earlier, won't be packed, so this is a decrease in dollars for growers. And so if you look at the whole situation, it's a domino effect. Most of the issues that we have are with fruit decrease in production from last year as -- well, January of last year, the freeze. And so what we also have is now we have people that are out of work. We're looking at people being out of work probably not until maybe end of March, April when the packing houses start up again, if there is fruit Page 19 January 11,2011 to go into the packing houses. So this is a domino effect, not only affecting the growers, but it affects the field workers, it affects the truck drivers, it affects the packing houses. It's just a domino effect on the whole situation. Good news is it wasn't quite as bad as it was last year. Thank you. CHAIRMAN COYLE: Good. Thank you very much for your report. Questions? COMMISSIONER COLETTA: Yes. Robert, if I may? Might light is on. CHAIRMAN COYLE: Go ahead. COMMISSIONER COLETTA: This is very disconcerting. Not just this year, but it seems like there's a pattern that's been picking up steam as we go forward. I know originally many years ago parks citrus used to be grown all the way up to the Florida/Georgia line. And then they started experiencing freezes and then that line for growing citrus was moved farther and farther south over the years. I don't know if this is an ongoing trend that's going to continue, but agriculture is a base for the community. It seems to be a weak argument anymore. I'm beginning to question the validity of -- I don't know how these people can exist, other than the fact that the few times that they really get a crop out it must be worth an absolute fortune to be able to offset the losses they suffer year after year. At some point in time we're going to have to look at this rationally to be able to figure out where we stand as a community as far as agriculture as an economic engine. What I'd like to talk to you off-line is coming to the Regional Planning Council, making your presentation, and maybe we can get the university to sponsor a study to be able to come up with some sort of cause and effect that's been taking place over the years so that we as a community can be prepared what's (sic) going to be happening in the Page 20 January 11,2011 future. Whenever we go into these declines of the agriculture due to diseases or most likely freezes, we have a profound effect upon the community that's never ending. And Immokalee being dependent upon low cost labor to be able to harvest these crops, people are out of work so then we have to turn to the private sector non-profits to be able to keep them going until the next crop comes in again. It seems to be a never-ending repetitive situation. Now, we're not going to come up with a solution here today, but what I'd like to do is at least be able to get a better understanding of where we are with this and where we're going to be in the future. So when we get together, we'll talk about it and then I'll see if I can get you in the Regional Planning Council and we get some thought process going forward with our sister counties. CHAIRMAN COYLE: Yes. There really is no need for concern. Global warming is going to make the entire state perfectly suited for growing citrus all the way up to Jacksonville. COMMISSIONER COLETTA: Okay, Al Gore. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. rfwe have another awful winter like we had last year -- I think it went to historic levels as far as sustained cold weather goes. Last year we lost quite a few people as they had to move to other areas in order to find work. Will -- do you project that that will happen again? And how is it going to affect the communities in which they live? Do you have any idea? I love the idea of Commissioner Coletta's idea of a study, by the way. Because I guess I'm asking questions along that same line. MR. HALMAN: Well, one of these things that we get from a lot of the growers is that they're having to move their employees elsewhere where there is work for them to do. Again, they -- the weather, they can't control the weather, so they're trying to control where their workers are. As in earlier this year, we have a lot of Page 21 January 11,2011 farmworkers that are out of work, of course, and so they move to other areas. We've been seeing over the years a trend toward people trying to use other countries to bring in fruits and vegetables. So that hasn't been a good thing for this area. So actually the specialists at the university are looking at this trend also. COMMISSIONER FIALA: Thank you. And my other question is to Leo. Leo, what's happening with these lights? MR. OCHS: Commissioner Hiller has reported some sensitivity to the lighting and we're trying to balance her concerns against having enough light to project this onto the TV screen so people can see it. So Troy is trying to balance those two issues right now. That's why we're trying to get the lighting adjusted. I apologize. We'll get it right. COMMISSIONER COLETTA: Thank you, Robert. MR. HALMAN: Thank you. Item #6A PUBLIC PETITION BY ANTON KARABA AND EVA KARABOV A SEEKING BOARD APPROVAL TO RETAIN THE 10-FOOT FENCE THEY'VE BUILT ON THEIR PROPERTY- MOTION TO BRING BACK W/STAFF REPORT AFTER REVIEW OF ALL FACTS (PETITIONER GIVEN INFORMATION REGARDING THE VARIANCE PROCESS) - APPROVED MR. OCHS: Commissioners, 5D is the 10:00 a.m. time certain, so we'll move to item 6A on your agenda, public petitions. 6A is a public petition request by Anton Karaba and Eva Karabova seeking board approval to retain the 10- foot fence they built on their property. Page 22 January 11,2011 Please come forward to the podium, sir. MR. MITCHELL: Mr. Chairman, we've also got someone who's asked to speak to this, but they should be aware they're not going to be able to speak until agenda item 11. CHAIRMAN COYLE: Has that been explained to them? MR. MITCHELL: No, because I just got -- CHAIRMAN COYLE: Our policy is that only one person must speak under public petition. If your wife wishes to speak, she will have to speak under another public input, which could be later today. Is there any way you could combine the re -- MR. MITCHELL: No, Commissioner, it was another person altogether. CHAIRMAN COYLE: Another person. MR. MITCHELL: A Mr. Kalua (phonetic) Harris. CHAIRMAN COYLE: The public petitions will allow only one speaker. Would you prefer the other person speak on your behalf or -- MR. KARABA: No, no, I'll -- CHAIRMAN COYLE: You want to do it? MR. KARABA: Yes. CHAIRMAN COYLE: Okay, that will be fine. You may go ahead. MR. KARABA: Yeah, first I would like to say it's not 10 foot high fence. By the code enforcement it's about eight feet high, which IS -- CHAIRMAN COYLE: Could you try to speak into that microphone so that we can get you on record? Thank you. MR. KARABA: What I said, it's not 10-foot high fence by the code enforcement. It's about eight feet high, which is main problem. It's like -- as we stated in request to speak under public petition, we are asking for a variance to regulations for our project of wood fence. And it's about six years ago we ask for permit to build this fence and Page 23 January 11,2011 we tried to build it our best knowledge in the conditions we live and where we live to protect our family and our property and privacy, so we tried to build it strong. Also, hurricane I think it was Wilma, in 2005, it withstood that. It stay and didn't do any damage, so it's hurricane proof. Looks like the main problem is it's not going down like copying the property or the terrain down to the canal. So if I built a fence in the canal there is might be two feet water, it's going to rot in a few years, maybe. And the water was coming up to our property so we had to deal with this problem. So we're living in an area built by Habitat for Humanity of Collier County. When we asked the management of this Habitat for Humanity to build our property right, that's mean fill the property with more dirt so the water is separated or it's built kind of canal for the water going away, we got an answer, no. So then we spend a lot of money and hours of labor to fix this and other problems for our safety and fighting crime in our place where we live. When we complain about the conditions from the beginning where we live, our reward was hate and retaliation at any chance, and nothing changed to better. I would like to mention a few examples. When we built the fence, we had to do it because next door neighbor, they got three big dogs running around, sometimes on the streets, picking up dust under our windows because we have very close houses. And if it's a nice weather, we would like to enjoy the Florida weather, you know, open the winds and fresh air. So barking, mess, stink, anything from the dogs. So we had to build something really good. The other thing was stealing of our properties by neighbors gangs. And a few times it was in the night, nights. Sometimes it was Page 24 January 11,2011 when we been absent from our house. They make damages. When we been away from our house. That was maybe during the day or something. We don't know. So I have copy of the letter, I can leave the letter here. We have also damages to our house. Mostly doors, windows. When we left for summer last year, that was in 2008. We put hurricane shutters on the windows. Next day we had letter from Habitat and code enforcement, we have to put it down on the fine. Next day somebody broke a lot of house. Broke window, damaged doors, and did lots of damages. We found out later. So that was like game. You know, we are trying to make some kind of normal living conditions where we live. So we notified first the Habitat for Humanity management, do some kind of rules because they can do it. And if they do it, the people will listen, I think. And then they said call police. Okay, we call police. And they didn't help us. We call code enforcement, animal control. Sometimes they did something if the animals are running from (sic) the streets and doing this really unpleasant and health problem also. I don't want to name it, but everybody knows, I think. So when we had these problems and called police, nobody was found guilty. And we were not compensated for our damages. Big concern is also loud dirty music and other noises. You know, picking up dust, smells. I don't know, sometimes it's like somebody's burning tires or something. So if you open the windows, you get it in, you cannot get it out. So it's also kind of -- and chemicals. I don't know, somebody spraying something. So it's noisy. Is like loud trucks and blowing horns. And noisy. It's late or early in the morning, parties and this bad behaviors. They are not kind of regulated in the our place. Nobody was stopped to do these activities or fined. Police or -- I don't know if it's code enforcement. Because they said it's code enforcement problems, Page 25 January 11,2011 police problem, whatever. But nobody measure anything, nobody fix this problem, nobody was fined. So the people do these activities ongoing basis. I have one example also about these problems here. I don't want to read it because I don't know if I can say name or number of the house and this information. So I'll just leave this letter here so you can look at it. So we mostly can say we that separate our property from the canal because of the water. Especially over the summer, the water stays for long time. If anything if can -- like mosquitoes, snakes and anything, it's a health hazard. So we would like to ask the Commission to approve our project. And if there is any unpleasant like fees or payments or any kind of threats (phonetic) or I don't know how to call it, you would like to, you know, abate it. And what I can say, it's really bad economic times, so we sacrificing a lot. And this is not any pleasant thing to deal with, the stinks. In the past and these present days. All I can say, that the fence is built strong and was fixed and painted. You know, we trying to make our property nice, about two years ago. So -- I think we trying to do the place safe also for the neighbors. CHAIRMAN COYLE: Your time has expired. I think we get the gist of your concern. So that you understand how these proceedings take place, it is not normal for us to solve these problems today. This is a public petition to see ifthere's sufficient support on the board to bring this issue back for a full hearing where we would have the staff investigate and provide information to us. I would like to suggest, though there are two commissioners who would like to make comments. But I would like to suggest that the two commissioners consider the possibility of us providing guidance to the staff to work with you about solving some of those problems. Page 26 January 11,2011 And then if necessary, if the staff believes it's appropriate to do so, to bring it back for a full hearing. But the two, the now three commissioners would like to speak. We'll start with Commissioner Henning. COMMISSIONER HENNING: Yes, thank you, I do want to speak. I did take the time to pull up their permit on this, the 2005 permit. And according to our staff, not only do we have a height issue, but the posts were not four-by-four. And you applied for a six-foot wooden fence. I asked staff for some more information, and they provided pictures. Even if this was a public petition, I would really question whether I would approve the construction of this fence. Not because of the height so much as it's the way it was constructed. I don't think it belongs in any neighborhood. So I can't support bringing this back unless -- you always have the right to apply for a variance, and I will listen to it. MR. KARABA: I understand. COMMISSIONER HENNING: It didn't need a comment. CHAIRMAN COYLE: We have a time to talk, okay. All right? Commissioner Fiala? COMMISSIONER FIALA: My button was on because I thought that's what he was doing was asking for a variance. And I was going to ask him is that what he's here for, or ask staff, is that what he's here for is a variance? MR. KARABA: Yes. COMMISSIONER FIALA: Okay. So then you would need to bring that back in order to have a variance considered. CHAIRMAN COYLE: Okay, Commissioner Hiller? COMMISSIONER HILLER: Since it is a variance that you're looking for, there is a process in place for addressing variances. And I think that the board as a matter of policy should not be using the public petition process where another form of established -- another Page 27 January 11,2011 means of redress has legally been established for the public to avail themself in a situation like yours. It really isn't fair when everyone else in the public is applying for variances, going through that avenue, and you are circumventing that process and coming to the board through the public petition process to avoid those types of hearings. So my suggestion is that you apply for a variance through the established legal process for that particular issue. MR. KARABA: I don't understand. I don't know what you're talking. COMMISSIONER HILLER: What I would recommend -- MR. KARABA: I don't know the rules or whatever. COMMISSIONER HILLER: Right. And that's what we have staff for. And I think the director of that division, Mr. Casalanguida, can explain how to apply for it. Has no one told you that you can apply for a variance through a variance process? MR. KARABA: No, no, I talk to building department or zoning department. Nobody gave me straight answer. Only somebody said you go and do the petition for the -- to the Commissioners. That's what they told me if. COMMISSIONER HILLER: Mr. Casalanguida, did your division not explain to him? MR. CASALANGUIDA: I believe that we did. For the record, Nick Casalanguida. And if there's clarification, we'll gladly sit with the gentleman and walk him through it. But I think we clearly explained there is a variance process and application fee. And I think both code explained that and our staff did. And I'm happy to walk him through it very clearly and detailed. COMMISSIONER HILLER: Thank you. That being said, I am very concerned what I'm hearing about your neighborhood. Is yours a Habitat neighborhood? Page 28 January 11,2011 MR. KARABA: Yes. COMMISSIONER HILLER: And you have gangs? MR. KARABA: Yeah. COMMISSIONER HILLER: And you have dogs roaming the street freely? MR. KARABA: Yeah. COMMISSIONER HILLER: And you have drainage issues? MR. KARABA: Yeah. COMMISSIONER HILLER: I think that's very disconcerting. I think that's an issue that has to be very carefully looked into. This is the first I've heard of something like that. The police were not helpful to you with respect to the gangs that vandalized your property? MR. KARABA: To our property, not at all. They like throw out some people, you know, whole families because somebody was in the gang. So they throw whole family out of the house. So they lost the house. I think that was last time about five houses. It is sad. It is sad. But they did it this way. And I don't know any other, you know, steps to take, you know, protect people in our community. Just they did it this way. COMMISSIONER HILLER: 1 think this is a matter that the sheriff has to be made aware of. And I would like to know what is going on with respect to gangs in those and in any other type of community. Because obviously it's disconcerting. You obviously work very hard to try to buy a house for you and your family. MR. KARABA: Yeah. COMMISSIONER HILLER: And you should be properly protected. You shouldn't feel threatened in any way in your home. And to hear that you have to put hurricane shutters up to protect your family just is incomprehensible. MR. KARABA: You know, also, the height of the fence is a question of also the privacy and security. Because really, the property Page 29 January 11,2011 is not finished properly. There is no canal, because the canal is like this and going up to our house. So it's not really -- COMMISSIONER HILLER: And actually that's a second issue. The fence should not be the reason -- I mean, you should not have to build a fence to protect yourself against water damage if there's improper drainage with respect to that property. Mr. Casalanguida? At the same time, could you help him with his drainage concerns? Obviously if you've got a canal that's not being adequately maintained and you don't have sufficient drainage and they're being threatened by potential flooding, that's another very serious public safety issue that needs to be looked into, beyond the issue of the fence. MR. CASALANGUIDA: Commissioner, I will sit down with the applicant, the petitioner, and go through in detail what his concerns are and we'll see where we can help him. COMMISSIONER HILLER: The next issue you brought up was the issues of these dogs. And you said that you contacted Animal Control and they did nothing to help you with that? MR. KARABA: I cannot say nothing. But the problem was solved after they moved out. COMMISSIONER HILLER: Oh, so the individuals moved out of the community -- MR. KARABA: They moved out -- COMMISSIONER HILLER: I'm glad to hear that. MR. KARABA: You know, after two, three years of bothering for I don't know how many years. COMMISSIONER HILLER: Was Animal Control-- when you called Animal Control before these people moved out, were they responsive? Did they help you with seeing that the dogs -- MR. KARABA: Sometimes-- COMMISSIONER HILLER: -- were contained? MR. KARABA: Yeah, when the animals were out of the cage or Page 30 January 11,2011 something, running on the streets, yes. But if they were inside, you know, and they've been barking and this stuff, there was no help. That was ongoing problem. COMMISSIONER HILLER: But that isn't an issue any longer. MR. KARABA: Not now with the neighbor. But the dogs are running on the streets, barking -- CHAIRMAN COYLE: Okay, we don't want to spend the afternoon -- COMMISSIONER HILLER: No, I don't, but -- CHAIRMAN COYLE: -- talking about this. COMMISSIONER HILLER: -- this is -- these are important issues. I mean, this gentleman has a home that obviously, you know, has been at risk. CHAIRMAN COYLE: Well, that to me is solved simply by asking staff to take a look at it and come back and report to us about what action has -- COMMISSIONER HILLER: And I think we need to -- CHAIRMAN COYLE: -- been done. So we don't have any support so far for bringing this back for a full hearing. I think there is support for getting the staff to talk with you and work through this process and find out what is a current concern and what is a past concern. And that would include coordinating with the sheriffs agency. But Mr. Casalanguida can do that. He has said he is going to do that. And as far as I'm concerned, that is the solution. Commissioner Fiala? COMMISSIONER FIALA: Yeah, might I suggest to Nick also, right before your meeting with them, get a sheriffs report from that community. It's -- I had one yesterday and it went missing. But it's a very interesting report. And not only from organized crime, but also other crimes. And then you'll see why he's asking for this. Okay? CHAIRMAN COYLE: And then you'll give us a report, right? Page 3 1 January 11,2011 MR. CASALANGUIDA: If that's the direction of the board. CHAIRMAN COYLE: Yeah, we would like to have a report as to how this turns out. MR. CASALANGUIDA: Very good. MR. OCHS: Mr. Chairman, would you like that report back to the board in this format, or would you like a memorandum? CHAIRMAN COYLE: A memorandum will do it as far as I'm concerned. I don't know, any other -- do other Commissioners disagree? You want a public hearing on this? COMMISSIONER HILLER: I think we should have a public hearing. I mean, we're talking about very serious questions of public safety. And I think we want this fully vetted so we're assured that residents in communities like Habitat and other communities that might be similar are, you know, not subject to these type of public risks. CHAIRMAN COYLE: Then that has to be a motion for a formal public hearing, okay? If we want to do that, I can consider that a motion, if you wish. COMMISSIONER HILLER: Please do. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Second. MR. KARABA: I can do the steps if somebody tell me what to do, but I don't know. CHAIRMAN COYLE: Don't worry, we're going to take care of this. I'll summarize this in just a second. Okay, we have a motion by Commissioner Hiller, a seconded by Commissioner Fiala to bring this back for a public hearing to hear a report from staff, after consultation with you and an inspection of the site itself and a review of the police reports and coordination with the sheriffs agency, and all the agencies within our purview that are in any way concerned with these issues. And bring that report back to us Page 32 January 11,2011 in a public hearing and we will discuss it then. So Commissioner Coletta, go ahead. COMMISSIONER COLETT A: Yes, just one comment. If for some reason this starts through the process and the petitioner finds that he gets the answers he needs, he understands that he can end the process at that point and withdraw coming forward before the Commission. So in other words, staff will make every effort to resolve this with you. If they can't resolve it, then you come before us. If they do resolve it, then we go on with our lives. MR. KARABA: Okay, thank you. CHAIRMAN COYLE: Okay. Everybody clear? MR.OCHS: No, sir, I'm not. I thought we had a decision that staff was going to bring back a report on the concerns of this gentleman. If nothing more than bring it back and say that we've addressed his concerns and he seems to be satisfied, we'll still -- CHAIRMAN COYLE: I think Commissioner Hiller's intent was to have it brought back and have a full public hearing on it. And then I suspect Commissioner Fiala's intent and seconded was the same. So MR. OCHS: Yes, sir. COMMISSIONER HILLER: May I? CHAIRMAN COYLE: Yes, Commissioner Hiller, go ahead. COMMISSIONER HILLER: I just want to the clarify something for the benefit of the petitioner. Your petition for a variance will go through the variance process. And Mr. Casalanguida will assist you in that regard. What we are going to bring back to the board, after Mr. Casalanguida organizes the investigation and compiles the conclusions of his investigation in a report, is essentially for the purposes of discussing all these issues that you have brought before the board today unrelated to your fence. You have a fence issue which is whether or not the fence is built according to code as permitted, and then separately you have these other issues. Page 33 January 11,2011 While I understand you built the fence because you had these problems, that is separate and apart from what you are legally permitted to do with respect to fencing. And Mr. Casalanguida will help you. And he will repeat everything that we discussed today. If you have any questions, he'll assist you in that regard. MR. KARABA: Okay. CHAIRMAN COYLE: Okay, all in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: May I hear the motion? CHAIRMAN COYLE: Yeah, I think the motion is clear. It's clear that we bring it back for public hearing with a full report by staff on the whole -- COMMISSIONER FIALA: Nick, do you understand the motion? MR. CASALANGUIDA: I believe I do. You want a formal staff presentation that details each one of the topics discussed and tells you where that community stands, where he stands and what action the board could take if any on each of those items. CHAIRMAN COYLE: Yes. COMMISSIONER FIALA: Nick, we might need a little bit on that too, because I have some other information you might need to do. MR. CASALANGUIDA: Very good. CHAIRMAN COYLE: All in favor, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. Page 34 January 11,2011 CHAIRMAN COYLE: Any opposed by like sign. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: The motion passes 4-1, with Commissioner Henning dissenting. Thank you very much and good luck to you. MR. OCHS: Commissioners, you have a 10:00 a.m. time certain. CHAIRMAN COYLE: Yes. MR. OCHS: Would you like to go to that, sir? CHAIRMAN COYLE: Yes. We're ready. Item #5D PRESENTATION OF THE BLUE RIBBON PANEL REPORT REGARDING THE PREHOSPITAL EMERGENCY MEDICAL TREATMENT AND TRANSPORT (PEMTT) SYSTEM - MOTION TO ACCEPT REPORT AND HAVE STAFF ANALYZE REPORT AND PROVIDE RECOMMENDATIONS TO THE BOARD - FAILED; MOTION TO ACCEPT REPORT AND BRING BACK FOR DISCUSSION AT FUTURE WORKSHOP WITH ALL PARTIES INVOLVED AND CHAIRMAN TO WRITE LETTER OF THANKS TO THE BLUE RIBBON COMMITTEE - APPROVED MR. OCHS: That's Item 5D on your agenda. It's a presentation of the Blue Ribbon Panel Report regarding pre-hospital emergency medical treatment and transport systems. MR. MOEBIUS: Good morning, Commissioners. My cohorts are sitting down. I'm Jeff Moebius, and I chaired the Blue Ribbon Panel. Behind me is Ed Morton; he was the Vice chair. Mike Reagan, CEO of the Chamber, he was very instrumental in helping us get through this. In fact, we really were very appreciative of the Page 35 January 11,2011 Chambers' support on this. What we're going to go through today is the recommendations that we put forth in our report to you. Ask any questions, obviously, as we go through it. Preface: There are approximately 1,300 public safety professionals -- the Sheriffs Department, fire rescue, emergency service officers -- on call to risk their lives to help protect and serve us here in this community. In fact, yesterday we saw with the City of Naples with the fire down there with the police and the firemen who were very supportive in that incident there. And these men and women are -- just go beyond the call of duty. Collier County ranks first in Florida for life expectancy and fourth in the U.S. What an achievement for this county. We live in one of the safest and healthiest communities in the U.S., thanks to these men and women and others. I'd like to acknowledge the Board of County Commissioners for their support in this, the sheriffs office, fire and EMS leaders as they helped us through this whole project over the past year; hospitals, both NCH and Physicians Regional Hospital, and the emergency department medical leaders who sat with us and listened to us and gave their comments through this. We also want to thank FGCU with professors that -- who looked at the data report that we provided for that, overseen it, did the analysis, et cetera. I'd also like to thank on the data Deb Chester from the Sheriffs Department. She was exemplary on being able to put together the maps and stuff that was in the report. I again, want to thank our Blue Ribbon Panel members who worked with me through this process. Our recommendations: The first recommendation is the Board of County Commissioners should designate and delegate an authority and responsibility for all PEMTT services to the public safety Page 36 January 11,2011 authority. PEMTT is Public Emergency Medical Treatment and Transport. Reappointment the medical director to report to the designated PSA. The medical director will work closely with the leaders of the three hospital emergency departments. Those three hospitals are NCH, Physicians Regional and Lee Memorial, since they handle our trauma services here in Collier County. Establish a PEMTT council to report to the designated PSA. That council should be chaired by a hospital administrator to collaborate with the medical director and the directors of the emergency departments on all PEMTT training, QA/QI credentialing and testing. We would look -- we support the outsourcing of all test design, administration, evaluation, dispute resolution to professionals at a local college or university to ensure independence and objectivity. The PEMTT council could support the continuous coordination, and where possible integration of county and City of Naples 9-1-1 dispatch centers, including coordination of AED programs. BCC should set general policy. The PSA should implement and manage/coordinate the system. The designated PSA should propose administrative procedures and policy to the BCC after thorough vetting of such council. The BCC should evaluate the clinical and financial efficacy of all proposed procedures and policy. With the guidance from the PC -- PEMTT council, the designated PSA should develop a five-year strategic plan which includes a three-year audit provision. We should establish a two-tiered countywide PEMTT model. Tier one is timely delivery of basic life support, BLS, services, and tier two is to timely delivery of advanced life support, ALS, services. Should mandate all agencies providing ALS services; also provide transportation. Page 37 January 11,2011 Establish a mandatory automated external defibrillator, that's AED, placement and training program for all staff at appropriate public locations. Encourage the discussion of functional consolidation of fire service districts in Collier County. Use the Productivity Committee to study all costs and services. We recommend encouraging discussion of a pilot program for functional integration of county EMS into the fire service districts. This includes using position control for certain positions, such as paramedics, EMT's, et cetera. And the use of smaller ambulances. I'd like to say Ford 350's and 450's, but Toyota also has a vehicle, according to Ed Morton. Encourage all PEMTT agencies within fire services to develop common response protocols and elimination of district boundaries. Encourage all PEMTT agencies and fire to designate one leader to be the voice for all PEMTT matters. And mandate all PEMTT vehicles to be equipped with the same equipment compatible with hospital emergency departments. That concludes the recommendations. CHAIRMAN COYLE: Okay. MR. MOEBIUS: Questions? CHAIRMAN COYLE: Questions? Commissioner Henning? COMMISSIONER HENNING: For Mr. Klatzkow. I don't think the word was properly stated, delegating the board's authority. But legally creating a public safety authority or a medical authority, have you done any research on that? MR. KLATZKOW: We've done a little bit of research on this. The issue's going to be really for the board to decide in what form to do this. I mean, one potential form is going to Tallahassee for a special act to create a countywide entity that will do this. Another form would be to get with the municipalities and enter into local Page 38 January 11,2011 agreements. There are a number of ways to do this. At this point in time I would need direction from the board which way you'd want to go. COMMISSIONER HENNING: Can we create a medical authority? MR. KLATZKOW: I don't know what medical authority means. COMMISSIONER HENNING: Right. Or public service authority -- public safety authority. MR. KLATZKOW: I don't know what that means. COMMISSIONER HENNING: Yeah, I don't either. MR. KLATZKOW: I mean, if you created a special district, yes, you could do it that way. Again, you're going through Tallahassee. Or -- and there are a lot of vehicles to do it. But, you know, simply creating another advisory board, they would ultimately report to you. And I suppose the advisory board could manage some of it with your approval. But again, I'm going to need direction from you as to what form you want this authority to take. COMMISSIONER HENNING: Well, knowing that the public-- and this is to the board members -- through a straw ballot wants to consolidate the fire district and the board's -- a majority of the board's wishes to bring in EMS into that consolidation, I don't want to do anything to deter the efforts that are ongoing now to make that happen. But I do see the need for definitely some improvements in communications on every level. But I do want to say, I want to thank the expertise that we have in our leadership, and I think they did a very good job. CHAIRMAN COYLE: Okay, we have one speaker. Do the Commissioners want to hold their opinions till after the other speaker speak? COMMISSIONER COLETTA: I'm willing to wait. Page 39 January 11,2011 Commissioner Hiller? COMMISSIONER HILLER: I have no problem waiting. CHAIRMAN COYLE: Okay. Then who is the speaker? MR. MITCHELL: Robert Metzger. CHAIRMAN COYLE: Okay. MR. METZGER: Good morning, Commission. For the record, I'm Robert Metzger, I'm the President of the Collier County Fire Chiefs Association, and I am very pleased to be here today to support the work and the recommendations done by this fine team of three public servants, basically. These leaders here have provided us with a document that we and my association believe can be a significant template for you to move forward with the improvement of emergency medical services in Collier County. And I'd like to thank them for all their hard work. The primary mission of the emergency services is saving of lives and the preservation of property. The delivery of emergency medical services should be a seamless system from the moment that 9-1-1 is called, pre-hospital care is initiated, and transport of the patient takes place and their discharge ultimately from the hospital. We support the utilization of all trained personnel in the delivery of pre-hospital medical care, including paramedics assigned to fire response units and EMS transport vehicles. All trained people should be able to utilize their skills to the maximum benefit of the patient, whether assigned EMS vehicles, fire apparatus or other public safety units. This approach makes both economic and practical sense. The Fire Chiefs Association supports efforts that will result in improvement to the overall quality of emergency medical care to the visitors and residents of Collier County, and we further support the continuous evolution and evaluation of pre-hospital emergency medical care to identify those practical best practices that will have the greatest impact on a positive outcome for the patient. Page 40 January 11,2011 The Chiefs Association supports the process for change and the recommendations contained within the Blue Ribbon Panel report as a vehicle for improving the efficient delivery of pre-hospital medical care in Collier County. Weare encouraged by the creation of a fair oversight group. We believe the system must have representation, communication and input from all levels of care. But here's the crux of it, folks: We believe that this report represents a significant opportunity for system improvement, the likes of which will not be seen again, certainly at any time in our near future. This opportunity must not be squandered. We recommend that the Board schedule a public workshop to explore the various ways to implement these recommendations to give them their due consideration. Thank you very much. CHAIRMAN COYLE: Thank you very much, Chief Metzger. Commissioner Hiller? COMMISSIONER HILLER: I agree with what Chief Metzger says. I think he's absolutely right. I think your Blue Ribbon committee has done an excellent job, particularly in making an effort to compile statistics. We've never really had the numbers that we need to determine whether the system is or is not working. Numbers are still missing; specifically the numbers that are most important to determining whether or not this system is working, and that is how many lives are being saved in cardiac situations. We don't have those numbers. We need those numbers. MR. METZGER: Sure. COMMISSIONER HILLER: Otherwise, we don't know if the system is broken or not. Unlike the private sector, when it comes to a question of emergency services, we're looking at building to Christmas Eve as opposed to just a regular church service day, if you will. I mean, we Page 41 January 11,2011 absolutely have to work to save lives 100 percent. That is the goal. Not 95 percent. We can't have a threshold where we say okay, five percent of the population is allowed to die, we don't have to have standards that high. That's unacceptable. Every single life must be saved. That's our standard, okay. And whatever it takes to make that happen is essential. I think what you have here are ideas. I don't think that the board today can accept what you're recommending because of what Mr. Klatzkow raised. We don't know what type of a committee would be the right form of a committee, what type of authority would they have. You know, does it need to be a committee that's separate and apart from the board where the board no longer has responsibility over public safety, and that would be determined by Tallahassee, or whether it's a committee that administers the ministerial tasks and the Board of County Commissioners retains public policy decision-making authority, which are the discretionary decisions. To that end I think we should make a motion today to accept the report, not what your recommendations are within the report. And secondly, to have workshops to address the recommendations that you have made. And I'm not sure one workshop is enough. Because you have a lot of issues that need to be separately discussed. For example, the issue of an AED program within Collier County which many cities in Florida have already adopted -- I've actually seen the ordinances that the communities have adopted and which are very effective -- can be done in a separate workshop and can be implemented, irrespective of all the other debates. For example, like consolidation or whether it's a fire-based EMS system or a separate -- you know, you have separate fire and separate EMS. So that's what I would suggest. And then lastly, I think it's essential that all the players -- fire, EMS, the cities, the county -- all come together in a separate forum to address these issues. And I feel it's essential that you have someone who is neutral who is essentially the broker or mediator on these -- in Page 42 January 11,2011 these discussions. And I'm not sure who would be best to do that. But I think that is essential. Because unless you have consensus among all the affected parties, you will not be able to achieve your objective. I don't think that doing that would interfere with the question of consolidation. And I'm not sure that everyone in the community wants consolidation. I think people want consolidation only if it's going to achieve a higher level of service at a lesser cost. Because that was the terminology in the straw ballot. And I think it was a very narrowly drafted question. So it doesn't really give us a gauge of what people want, only that they want the best under all circumstances, which is what they're entitled to. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Excepting taking a look at the report on face value, I think it's a wonderful start. And, you know, how you pull all the elements together, I wouldn't expect you to be able to figure that out. The suggestion made for a workshop, keeping all parameters open, all opportunities open, is the very best idea that I've heard so far. Bringing everybody into it. Are we going to get 100 percent buy-in from everybody? Absolutely not. But you've got to start someplace. I see this as a positive move towards functional consolidation and eventually consolidation. The group that's been meeting on the sidelines regarding consolidation does not feel threatened in any way by this particular effort. They endorse it as a positive step to start bringing all the entities together, not only to offer a more cohesive service that will be a benefit to everyone in Collier County, but it would most likely save millions of dollars in the long run. But we won't know that till we have the workshop and we can start to explore how (sic) the structure this would follow. What I'd like to do is if the motion -- has the motion been made for a workshop? Page 43 January 11,2011 COMMISSIONER HILLER: No, because we're still in discussion. COMMISSIONER COLETTA: Well, if the time does come for a motion for a workshop, I would strongly recommend that we base it upon this report and allow staff and the other entities out there that would be involved to play into it with other scenarios that would fit into it so that we have a complete menu of options to pick from. But one things that we got to make sure that happens, I know that you were looking forward to disbanding the Blue Ribbon committee. I'm sorry, sir, but there's too many heads on this snake to kill it in one swipe. You're going to have to be involved in that workshop in some form or fashion to be able to share your ideas with us in more detail as we go forward and ask questions and be part of that thought process that brings us to a final result. I see it's a very positive thing and I would give this one ofthe priorities for our government to move into. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Thank you. First of all, let me tell you that I've been around the community recently since I've gotten your report, talking to people. I spent a few hours with the Marco Island Fire and EMS group who, by the way, work beautifully together. And they're a fine example, in case you want to use them as the group to show an example of how it can run with fire and EMS. Without even consolidation, you've got a fine example right there. And of course I offered that to you before, but I wanted to just tell you again. I think there -- I'm glad you kept the politics out of this report. And I think we have to continue that effort to keep politics out of the decisions that we move forward with. I love the idea from Commissioner Hiller about agreeing with neutral and also about consolidation isn't mandatory. It can work without consolidation if that's how they want to come up with. Page 44 January 11,2011 And I love the idea of Commissioner Coletta who said don't disband yet because we have some more things that we have to discuss, like, for instance, how did these people get chosen, are they sunshine, are they not sunshine, and what are their duties and so forth. I think that you've done so much work on this already. You have all the background and knowledge, and you've done it so fairly that I would like to have you continue on a little bit. And then of course also we do need to have a workshop, I agree with that. And so those are my comments. CHAIRMAN COYLE: And okay, I'm going to take my turn here. And we're going to do one other thing. We're going to adjust your compensation for this. MR. METZGER: I appreciate that. CHAIRMAN COYLE: And we're going to double your salary. And we will need to depend upon you in the future. COMMISSIONER HILLER: Without raising taxes. CHAIRMAN COYLE: Yes. And we can do that easily. But I would like to point out something to my colleagues. We have been studying this problem for 20 years, maybe longer. That's just about as far back as my memory goes. If we launch into another study of the study of the study, we will be doing this for another 20 years. I disagree with the observation that you've just come up with ideas. You've come up with solid recommendations based upon information you have gleaned from people throughout the community, all of the stakeholders, and my perception is that almost all of the people, firemen, EMS people and others agree with your positions. Studying it further is not going to achieve the goal except to delay action and confuse the process. I believe that the most effective way to proceed under these circumstance is that we, the people who are responsible for implementing these recommendations, should study them, come up Page 45 January 11,2011 with ways to do that, and then present those in public hearing so they can be debated, people can express their opinions, they can be modified. But to do it in a series of workshops -- I have no problem with a workshop, but to do it in a series of workshops where we can't make decisions -- we can't do that, we can't take votes in a workshop -- gets us nowhere toward solving this problem. We can accept public input in a public hearing once we have fleshed out the questions like what kind of structure are we talking about, what are the legal parameters associated with that, how do we create one of those, how do we select the people for it. Let's not debate the fact that we're going to do it, let's just round out the proposal and fill in the gaps and then present it publicly where it can be examined and debated and changed. So -- and I would also like, before we get too wrapped up in discussion about this, to thank Jeff Moebius, Ed Morton and Mike Reagan. And one person who always seems to stand out in all of these discussions, Jim Bloom from the sheriffs agency. So I think that there's been wonderful input, wonderful participation by lots of people that the public doesn't even see here today. And they don't know who they are. But it's been a great panel, you've put together great people and you've done a really really good job, in my opinion. And I would urge that this board would task our staff to start rounding out some of the issues, fleshing out the proposals, and then come together with a set of recommendations that we then would involve all of the stakeholders in and hopefully reach some decision as how we proceed further, rather than just continually studying the study of the study. So with that, Commissioner Henning, it's your turn. COMMISSIONER HENNING: If the Blue Ribbon committee can communicate through staff what the specific advisory council authority's responsibilities and duties would be and what the board's Page 46 January 11,2011 responsibilities -- well, that's already spelled out by law. I agree, and let's not bring it back and -- what is the best vehicle to implement. So I'll make that motion. CHAIRMAN COYLE: Okay. And I'll second it. COMMISSIONER HENNING: In my motion I would like to amend to ask the chairman to write the Blue Ribbon Committee a letter of thank you for their time and production, and accept the Blue Ribbon Committee's report. It's not adoption, but accepting their report. Direct staff -- ask the Blue Ribbon Committee to provide more information on what the authority/council/advisory board duties would be. Staff to provide the appropriate vehicle, bring it back to the board for consideration. Also ask Chairman to write a letter to the Blue Ribbon Committee thanking them for their duties and report. And within the motion, the last was to approve or accept the committee's report. CHAIRMAN COYLE: And if I could just ask for clarification. The committee probably doesn't have the representatives necessary to decide for us what is the legal entity that would work for Collier County government. If we could have the County Attorney work with the committee to discuss those options and reach a consensus on what is the best vehicle to accomplish that goal, would that be acceptable? COMMISSIONER HENNING: That was. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Understanding -- Jeff, did you understand it was your legal team or somebody else's legal team? MR. KLATZKOW: No, my understanding is I'll work with Leo's staff and the committee and we'll bring back some recommendations to the board, or alternative recommendations, I suppose. CHAIRMAN COYLE: And work with the -- MR. KLA TZKOW: Yes, we'll work -- Page 47 January 11,2011 CHAIRMAN COYLE: -- Blue Ribbon -- MR. KLATZKOW: Absolutely. CHAIRMAN COYLE: Okay, we have a motion. The clarification's okay? COMMISSIONER FIALA: Uh-hum. CHAIRMAN COYLE: Okay, we have a motion by -- COMMISSIONER HILLER: Point of order. CHAIRMAN COYLE: Just a moment. COMMISSIONER HILLER: No, there's -- CHAIRMAN COYLE: We're not going to take a vote. I'mjust announcing we've got a valid motion on the table. Motion by Commissioner Henning to approve -- accept the report as he has stated, and seconded by me. Now, for discussion. Commissioner Hiller? COMMISSIONER HILLER: So as I understand, the motion is only to accept the report but not the recommendations within the report; is that correct? COMMISSIONER HENNING: Correct. COMMISSIONER HILLER: Okay. What -- is there going to be any further discussion as to, you know, what we're going to direct staff to do and whether or not we're going to have a workshop, or is that no longer an issue, we're going to accept the report and that's it and do nothing more? COMMISSIONER HENNING: No, we're going to -- we direct staff to work with the Blue Ribbon committee to bring back some kind of vehicle to create an advisory/council/authority, whoever the best legal vehicle is to do this, to come up with protocol pre-hospital care. COMMISSIONER HILLER: There are many, many more issues in this report that go above and beyond the creation of this council. There's a question of services. For example, they're recommending a two-tier system, BLS, ALS. They go on to say that only agencies Page 48 January 11,2011 providing ALS services will provide transport. You know, you've got -- you know, talking about the functional consolidation of fire districts in Collier County, you've got a lot of issues in here that need to be elaborated on in a very big way. I mean, these are recommendations for discussion, not recommendations per se. COMMISSIONER HENNING: There is recommendations for discussion. And the discussion would flesh out with the -- Mr. Moebius' Blue Ribbon committee to staff of what that actually is going to look at (sic). Set up parameters for, for example, advisory board. What are your duties, goals and objectives. That's what I enVISIOn. COMMISSIONER HILLER: But while -- before we start wasting public tax dollars and having staff decide what, you know, should or shouldn't work and then us reject it, wouldn't it make sense for us to sit down with the Blue Ribbon Committee, let them tell us what they recommend in terms of the details under these different points of discussion, and then based on that have the board direct staff to research those issues that we think are worthy of moving forward? Because I think what we're doing is we're putting the cart before the horse. I mean, I think there are a lot of issues in here and there's a lot of education that's needed for the board to make a decision. And, quite frankly, since we're dealing with the motion important function of the Board of County Commissioners, which is public safety, I don't think one three-hour workshop is enough to address how we can best save a life. We're not talking about a workshop on, you know, the spending of tourist development dollars for advertising, we're talking about life and death. And I quite frankly think that this needs to be publicly vetted in discussion by the Commissioners. I think they need to be educated about all the details underlying the elements of discussion to be able to make an informed decision. There's tremendous liability at issue here. Page 49 January 11,2011 CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes, let me just ask, you just asked a question, and I didn't understand. I thought he said that he wanted to accept the report. You said without the recommendations, he said yes. Is that what I heard? COMMISSIONER HENNING: Correct. COMMISSIONER FIALA: Okay, so you want to accept the report but without the recommendations. And that's what you seconded? COMMISSIONER HENNING: Correct. CHAIRMAN COYLE: I did not understand it that way. COMMISSIONER FIALA: Yeah, see, I didn't either. So I was just wondering. Now, the second thing is, our -- say for instance the report was accepted with or without the recommendations. There's nothing in here that's mandatory anyway. You can take these recommendations and pick up and choose, right, and move them around? CHAIRMAN COYLE: Absolutely. COMMISSIONER FIALA: Okay. Because one of the things, it says mandate all agencies providing ALS services to also provide patient transport to hospitals. Well, now, we're talking about Marco. Are they supposed to transport in a fire vehicle to the hospital or do they have EMS? You know, some of these things are not very clear. I'm sure that they will be fleshed out. But I just thought that -- we want to make sure of what we're actually voting on. Is there anything mandatory here? MR. MOEBIUS: No. I mean, I believe Commissioner Henning's recommendation is very valid. Each of these recommendations, it's a pathway. And you can't do all of these things at once. You know, the AED program, like Commissioner Hiller says, is Page 50 January 11,2011 something we could jump into very quickly and move without even all these other recommendations. So there's things in here that you can do very quickly. You could have somebody start looking at the vehicles. You could have, you know, a team looking at the supply piece of coordinating pre-hospital care with the emergency rooms. There's a lot of things in here that could be done very quickly that are separate from an authority, per se. So there's a lot of things that can be going on. And we can multitask, what a novel idea, and move through some of this stuff. The key thing is to, just like Commissioner Coyle has said, is we've been messing around with this thing for 20 years in this community. I've talked with the people that were part of those task forces previously. And a lot of the things we said here has been said before. This community has an opportunity at this point in time to move forward. And I think if we don't start moving forward on this, we're going to lose it just like Chief Metzger said. We have the opportunity, let's seize it and movement forward. COMMISSIONER FIALA: That was my next comment. We're not going to be studying it further, we're going to be moving forward with it. And I wanted to make that point as well. It was mentioned that we shouldn't have any further study. I agree with that, we want to move forward with this. I spoke this past week with EMS, with fire, with different areas around the county, not just Marco, and everybody agrees that the report is fair, by the way. And I think that's a really good acclamation, that the report is fair and they agree with it. And I think there are some parts that are better than others and we can work on those and let the other ones sit for a while. But I think we definitely need a workshop to know which ones we're going to do and what's most important to move forward with. And you talked about an example, and I still think Marco Island Page 51 January 11,2011 would be the best example to see how it can be done and work beautifully. CHAIRMAN COYLE: Can I jump in for a second and see in can't clarify something here. By accepting the report and asking the staff to study the detail of the report for the purpose of coming up with concrete recommendations, we are asking to move forward with this and to present those recommendations in a public hearing, and to receive input during the public hearing before we make any decisions. My understanding of Commissioner Henning's motion was to accept this report, but not to approve all of the recommendations as they currently stand. Is that correct, Commissioner Henning? COMMISSIONER HENNING: (Nods head affirmatively.) CHAIRMAN COYLE: Okay. Then the intent of the motion as I believe it and as I seconded it was to allow this study with its recommendations to go to the staff and to instruct the staff to analyze them and come up with specific proposals about how to implement these recommendations or perhaps even recommendation that they not be implemented, and that that be presented in a public hearing so it gets a full airing, everybody gets to take a shot at it, and that way we get moving along. So that's -- that was the intent of my second. I believe that was the intent of Commissioner Henning's motion. And a lot of these things are things that are well known to all of us, and they have been well known to us for at least a year. There is a two-tier system now, BLS and ALS. This is not a new concept. It is not a new concept, in my belief, even among the firefighters, the firefighter paramedics, that you separate transport from ALS care. Who's going to go in that ambulance if you don't have a paramedic? You know, you don't do that. That is a fundamental conclusion of the desire to provide the best care for people who are in emergency situations. Page 52 January 11,2011 So these are not new controversial unanticipated conclusions with respect to administration of emergency medical care. So there's no need to debate those. We just have to debate how we implement them more efficiently, and we do that in coordination with all the people who are stakeholders. And so that's what I would -- that's what I seconded, that's what I would intend to try to accomplish. And with that, Commissioner Coletta? COMMISSIONER COLETTA: Thank you, sir. Everybody seems to be on the same page. But in this case, I kind of agree with Georgia, we got a little bit of a problem in the fact that we got a wonderful plan here, we're not endorsing up front. I agree with Commissioner Henning, you can't endorse something when it doesn't have the facts and figures and the buy-in of the community. It's a big element. Absolutely correct. The problem I'm having is whether this should be an item that our staff works on and brings back to us to be able to discuss with the community. I think the idea of a workshop is more valid. Because this thing should be done in an open forum. It's not Collier County government, it's Collier County in its entirety that we need to involve in this. And so I'd like to see if the motion maker would reconsider the motion to make that a workshop so that we can start to go over the devil in the details. Because at the end of the day if we come up with a plan, it's going to be slanted slightly towards the county's benefit and what they've been doing. No offense, but all government entities out there seem to have the same objectives to hold on to what they got. It has to be something that's in whole. It has to bring everybody into the mix. So I'd be more inclined to go with a workshop than to have staff just bring it back. CHAIRMAN COYLE: If I could make a point here. Earlier we Page 53 January 11,2011 asked the County Attorney how was he going to put up -- how would we put together this structure. County attorney said I don't know, we haven't taken a look at it. There probably are several ways of doing it. Now, let's suppose this is a workshop and we haven't instructed staff to review this and come back with recommendations. We're going to sit in a workshop for hours saying well, how are you going to do this? And the staff is going to say, well, I don't know. You haven't asked me to apprise you with any recommendations. So the very least you need to do is to instruct the staff to come back to the board with recommendations about how you could possibly do that. You can hone these recommendations any way you want to. But for goodness sakes, let's get started with doing something rather than studying it and going through a series of -- a single workshop doesn't cause me any problems at all. But if the objective is just to continue studying and studying and studying, what I would like to see is the staff come back with recommendations about how we do this. And we do all of these, or if we do all of them. And then if you want to have a workshop, I'm fine with that. But let's find out from the staff where -- COMMISSIONER COLETTA: Can I make a suggestion how we can marry the two together? CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Why -- I agree with you, to just have staff sit down with a blank agenda, which is the one we got in front of you, it's totally wrong, it'll never work. You're absolutely correct, Commissioner Coyle. What we need to do is instruct staff to do the meetings with the different entities out there and come back with some sort of format, like a Chinese menu, where we got everybody playing into it. That would work, to be able to get to where we need to be. Or else what's going to happen, it's going to be another county idea, we're going to get the resistance from the other end, and this Page 54 January 11,2011 thing will end up going up on the shelf and it will never be implemented. It's going to take a buy-in of a number of people to make it happen. CHAIRMAN COYLE: Most of the people have already bought in to most of these recommendations. It's not like you're starting with a blank slate. COMMISSIONER COLETTA: Absolutely correct. CHAIRMAN COYLE: Just let us begin the process of getting staff input about how we could implement these, and then let us schedule a workshop and present them to all of the stakeholders and see what they've got to say about them. And then we hone those and then we bring it back to the board for a final public hearing and a vote. But to start out without staff recommendations on these issues is just going to lead us into a series of meaningless discussions. COMMISSIONER FIALA: Commissioner, who do you mean by staff? CHAIRMAN COYLE: I mean County Attorney to talk about the organizational structure and what is legally required and/or acceptable. I mean the EMS people with respect to how the two-tiered system will work and who will -- how it will be integrated with the fire districts. The fire district representatives, we would talk with them, of course. The county always -- or should always do that. The Blue Ribbon Committee will still be on board, they will be consultants. They've already talked with all these people about this. So I don't see the problem here. But if you want to just continue studying it, then by all means, let's set up a workshop next week, staff will come in, we'll ask them the same questions we're asking today and we'll get the same answers we're getting today, and we will have wasted the time. COMMISSIONER COLETTA: You'd waste maybe two weeks. I don't know if two weeks is proper time to be able to get staff and the different independent fire districts together to start going over the Page 55 January 11,2011 details. Staff can have their opinions, they can have theirs, but at some point in time we're going to have to bring everybody into the mix. And I just think it makes a lot more sense to do it with a workshop up front. Staff involved, the fire departments involved, the EMS involved, the Sheriffs Department involved, whoever. Whoever the players are, they come into it in some form or fashion. I just -- I got a fear that this is going to look like it's just nothing more than a county idea that from beginning to end and we're going to have one of these rejections out there where they're not going to buy into it. So I'm going to support basically what we're talking, with the form of a workshop for the first one, to be followed by a meeting. CHAIRMAN COYLE: Okay, I've got to clarify one thing then. You're not going to ask staff to reach any conclusions or develop any recommendations whatsoever? COMMISSIONER COLETTA: On the contrary. I'm going to ask staff to -- I would ask staff to work with the other entities out there to come up with different options that are available. It could be staffs option for one thing and the fire departments, North Naples for another, maybe Golden Gate for another. Everybody come into it. So when it gets before us, at least this idea has been vetted to the point we got some working format to go with. At the very most we're going to have one more month into it. COMMISSIONER HILLER: May I? CHAIRMAN COYLE: Okay, forever. Okay, are you finished? COMMISSIONER COLETTA: Yes, sir. CHAIRMAN COYLE: Okay, Commissioner Hiller. COMMISSIONER HILLER: We're talking about life and death. This is a very serious matter. And I think this needs full analysis and full public vetting. I agree with Commissioner Coletta, we need to be presented with Page 56 January 11,2011 all possible options on all the issues that have been brought out in this report. We have 9-1-1 issues, we have BLS/ ALS issues, we have AED issues, we have transport issues, we have consolidation issues, and we have authority issues. We have authority with respect to discretionary decision-making, public policy, we have authority (sic) with respect to administerial decision-making and execution. Your recommendation, for example, establish a two-tier wide model for ALS/BLS, does that mean we're going to have firefighters who are ALS and BLS? Does that mean we're going to have certain firefighters who are only BLS and certain who are only ALS? Are we going to have firefighters that are even ALS or BLS, or is it going to be only EMS? I mean, there are so many options, there are so many variations that could be adopted. And what we need are all options presented. And what I would hope is that the Blue Ribbon Committee speak with all the various parties, come up with all the options under all of these categories for us to discuss in a workshop and see which leads us to what our legal obligation is, and that is to save lives. We have to live up to the standard of care provided by law. And whatever means we have to employ to get to that is the means we legally have to adopt. So we need to see all the options. And having staff come back to us with one recommendation and us voting 3-2 that that's the one to go with, without vetting all the other options and then lives are lost because of it? No way. CHAIRMAN COYLE: That of course wasn't the proposal. Nobody's discussed it that way. But nevertheless, you can portray it any way you like. If there is a majority of this board who wishes to have a workshop, you have a chance to vote on it. Because Commissioner Henning has a motion to accept the report and to ask staff to analyze it and provide recommendations. It's been seconded. All in favor, please signify by saying aye. Page 57 January 11,2011 COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN COYLE: Okay, it fails, with Commissioner Coletta, Commissioner Fiala and Commissioner Hiller dissenting. COMMISSIONER HENNING: I'm going to do the same thing except for have a workshop. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay, have a workshop. COMMISSIONER HENNING: So we can move on. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: I'd like to clarify. CHAIRMAN COYLE: It failed. COMMISSIONER HILLER: No, I'm talking about the new motion that's being made. CHAIRMAN COYLE: You want a clarification on what his motion is? COMMISSIONER HILLER: Uh-huh. COMMISSIONER HENNING: For the Chairman to write the Blue Ribbon Committee -- CHAIRMAN COYLE: Okay, I'll do that. COMMISSIONER HENNING: -- a letter of thank you for their fine work and the report. Accept the report. Ask the Blue Ribbon -- because we cannot direct the public to work with our staff -- and division of advisory/authority/council duties, goals, missions, and direct the County Manager to provide a workshop with those duties, goals, admissions. And there you go. COMMISSIONER HILLER: I'm completely lost. Can I -- CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: Can I comment? CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: The purpose of the workshop is to have the Blue Ribbon Committee -- Mr. Moebius, I need to talk to Page 58 January 11,2011 you. I mean, if you want to take a minute and talk to him. MR. MOEBIUS: No. COMMISSIONER HILLER: Okay. The purpose of this workshop is to have the Blue Ribbon Committee come back to address the Board of County Commissioners in a workshop with all the other affected stakeholders present -- in other words, the Sheriffs Office, 9-1-1, all the fire districts, county EMS, transport, all the transport people, the County Attorney -- to provide us with all the options available to us to satisfy what our legal duty is with respect to public safety. And then we will discuss and question you and educate ourselves on all the various options so that eventually when it comes back to the board we will have narrowed down which options under each of these categories will best serve the public's interest and promote public safety to its highest level. That is how the workshop will be structured. So we need to define today that this workshop will be led by the Blue Ribbon Committee, what the Blue Ribbon Committee will bring back to the table to discuss in this workshop, and how everyone will be prepared to properly educate the Board of County Commissioners on these options and on this subject, and then who will be invited to this workshop so that no interested party is left out. MR. MOEBIUS: Who is going to set up the workshop, communicate with all of these people? COMMISSIONER HILLER: Mr. -- I would recommend that County Manager Ochs be the point person for coordinating it. The decision as to who should be invited to that workshop should be decided here today. Because we don't want anyone to be unintentionally left out for any reason. And I really think that these are, you know, very, very important decisions. Because who is involved in this discussion will be very important as to what information we get to allow us to make the right decision. Page 59 January 11,2011 Like for example, I mean, I see some people, you know, from the fire districts here today. Are we going to limit it just to a chief or are we going to, you know, include the medical protocol person, which I think we should, from the various fire districts? This may be a big meeting. There might be a lot of people present. And maybe -- and this is why I say multiple meetings may be necessary. I don't think with as important as these issues are that you can address all these issues with all these people with all the options in a single meeting. You know, 9-1-1, I mean, that is a big deal. Transport, that is a big deal. ALS/BLS. We could -- one workshop alone should address ALS/BLS, okay. So maybe the recommendation is -- maybe the recommendation today should be that the Blue Ribbon committee come up with how this workshop ought to be structured and come back and tell us who should participate in this workshop. Because I mean, this is what count it government is about, number one, public safety. MR. MOEBIUS: Could I ask for 10 minutes to confer with my other Blue Ribbon Panel members? COMMISSIONER HILLER: Absolutely. MR. MOEBIUS: Because when we put this together, this is -- we've met our charge. We truly have met our charge. The idea was to move on this panel. And those individuals, which are the experts that you're talking about, would go ahead and start doing exactly what you're talking about, whether it was the AED program or transport, et cetera. So I just need a few minutes to talk with -- COMMISSIONER HILLER: And I respect that that was historically your role and that, you know, you've fulfilled your obligation. And I think what's come out of to day's discussion is that we see that there is tremendous value in your role continuing but in a different manner. And I see Mike shaking -- MR. MOEBIUS: Mike Reagan just said this is a lifetime Page 60 January 11,2011 opportunity. COMMISSIONER HILLER: Mike, you just said yes, it's a marrIage. CHAIRMAN COYLE: We're going to take a 15-minute break, because the court reporter is getting a little tired of listening to this, as am 1. So we'll be back here at 11: 17. (Recess.) CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commission meeting is back in session. Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: You're up. COMMISSIONER FIALA: First I think I wanted to here from Ed. Actually, I was going to say something else, but I wanted to hear from Ed. CHAIRMAN COYLE: Okay. Mr. Ed Morton. COMMISSIONER FIALA: Oh, I'm sorry, Mr. Morton, yes. CHAIRMAN COYLE: Mr. Morton, sir, you are recognized. MR. MORTON: Thank you, sir. F or the record, my name is Edward Morton, and I've had the privilege of working with Jeff and Mike and the Blue Ribbon Panel for the better part of a year on this. Two thoughts: One was would the Commission reconsider the original motion. The logic behind that had been that all of the counsel from Commissioner Hiller and Coletta in particular were well understood and well heard, that we need to be assured that everyone has the appropriate opportunity to express themselves, and we feel very strongly about that. The purpose behind the construction of an authority, and that's subject to a lot of definitions, but it's basically an entity or a group that would be assembled pursuant to your direction and that that group Page 61 January 11,2011 would then begin the process of public hearings and/or adjudicating the facts and determine both the financial and the clinical efficacy of recommendations that could be made to the County Commission. The efficient and the effective way to do that, we believe, or I believe personally, or obviously our Blue Ribbon committee hasn't had a chance to deliberate this or to vote on it, but my personal belief is that if we were to follow the intent of that original motion that we create a group and that group itself would be charged with the responsibility of conducting exactly what we're trying to talk about. But without that formal structure, I personally am concerned it will begin to go looping. I've been in this town for 40 years, and I've been here long before we ever had an ambulance and we used to ride in the vehicles that used to service the funeral homes. And we've seen significant progress. We have a great deal of progress that can be made. I think Ms. Hiller brought to my attention something that I had not I think fully appreciated, which was the role of AED's in a certain respect. There's enormous potential to save lives in this community. But I think the establishment of that group would give you structure as opposed to just a giant free-for-all. And that group could then begin to bring back to you concrete recommendations. That was the way that I looked upon it when I was chatting with Commissioner Donna Fiala. Those who don't know, Donna worked with me for almost 15 years, very closely. Thank you very much. CHAIRMAN COYLE: Thank you, Mr. Morton. Commissioner Fiala? COMMISSIONER FIALA: Yes, I was just going to say, and I mentioned to the fellows there, we've got a road map -- but I like their idea right now. I was going to say, we have a road map with all these recommendations for a workshop anyway. We can just take each one as it goes and discuss them and add whatever other things we feel are missing or whatever we hear from the community. But I think we can Page 62 January 11, 2011 go forward with Ed's suggestion. CHAIRMAN COYLE: Okay, is there a motion to reconsider? COMMISSIONER HILLER: I'd like further discussion first. CHAIRMAN COYLE: Okay, we'll have discussion. I'mjust asking if Commissioner Fiala would make a motion to reconsider the earlier motion. COMMISSIONER HENNING: The motion failed. The motion failed, but I had a motion to include a workshop. I'm not sure if it was seconded. Just-- COMMISSIONER COLETTA: I did. COMMISSIONER HENNING: Okay. So did you have something for the motion maker? CHAIRMAN COYLE: There is a motion on the floor then. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: And would you restate that motion so that there's clear understanding of what we're dealing with? COMMISSIONER HENNING: Mr. Reagan? You and I had a discussion to -- for the Blue Ribbon committee to get together with the County Manager's staff, formulate what's going to be in this workshop, and specifically would be the duties of the authority. MR. REAGAN: For the record, Mike Reagan, Chamber of Commerce. We would be delighted to work with the County Manager for the structuring of one three-hour, whatever, workshop that would focus on the various definitions and possibilities for establishing the authority that the Blue Ribbon commission has recommended. Other matters may come out of that for further inquiry and exploration. And all my colleagues and everybody else agrees that clearly there are a whole host of topics and issues that you can focus on in the future. But without the authority, frankly, I think the next 30 years, in all due respect, ladies and gentlemen, you're going to go round and round. Page 63 January 11,2011 So we would be delighted to work with the County Manager and your County Attorney to structure that conversation, which would be a workshop, and you can get public input and that sort of thing as a start. Frankly, beyond that we'd have to -- we've really spent at year on this and we don't -- as we're currently -- I can't talk for everybody, but I think the sense is that we're pooped and we would be happy to be helpful and continue that. But you need to make some progress, Commissioners. COMMISSIONER HENNING: So to answer your question, was to have a workshop, the Blue Ribbon committee will get together with the County Manager to develop what the goals -- or the authority would be doing. MR. REAGAN: And the various forms that you might consider, yes. COMMISSIONER HENNING: And the various forms. The thank you letter. What else was it? CHAIRMAN COYLE: That's easy. COMMISSIONER HILLER: Can we have a separate motion on the thank you letter so we can get that done and at least make some progress? CHAIRMAN COYLE: I'll tell you, I'm going to write them a thank you letter anyway, you don't even have to make a motion. Okay, is that fair? COMMISSIONER HENNING: All right, I'll take that out. So we'll just do that in the formal workshop. All our meetings are well noticed and advertised in the Naples Daily News. The Naples Daily News does a very good job I think covering the topics that we're going to talk. We have all the stakeholders here. They are going to be informed. It's not in a vacuum. Whether it be a workshop which we cannot take action, or our meetings, I believe it's advertised well. Page 64 January 11,2011 CHAIRMAN COYLE: Okay. And we have a second? Commissioner Coletta, you seconded that motion. COMMISSIONER COLETTA: I seconded the original motion. I need some discussion. CHAIRMAN COYLE: I'm going to second his current motion. So Commissioner -- and now we're having discussion. Commissioner Hiller, go ahead. COMMISSIONER HILLER: I have no problem with first addressing the creation, if there is a need, of this commission. The problem I have is limiting the decision of what the options presented to the board will be in this workshop to county staff working with a Blue Ribbon committee. I want the input on all the options to come from the various stakeholders. So the Blue Ribbon committee should go to all the stakeholders: The police, all the fire districts, transport. Because we need all options on the table for discussion. I spoke to the County Attorney about this, and, you know, we looked at the various options out there. There are a whole bunch. And just to give you an example of how complicated this issue is, your report has contradictory statements in it. On the first recommendation you say the Board of County Commissioners should designate and delegate authority and responsibility to all PEMTT services to a public safety authority. Okay, on another page you have, the BCC should set general policy and the PSA should implement and manage/coordinate the system. Completely contradictory statements in your own recommendation. That is why it is absolutely essential that we vet this very, very carefully and consider all possible options before a decision is made. So I think all -- everyone who is affected, all the agencies affected and all the individual fire chiefs should be consulted. EMS should be consulted. The sheriff, Chief Bloom, 9-1-1 should be consulted. Their view of what options should be considered or what structure should be considered should be presented to the board in this Page 65 January 11,2011 workshop. MR. REAGAN: Well, may I respond, Mr. Chairman, or is it appropriate? CHAIRMAN COYLE: Yes, please. Go ahead. MR. REAGAN: We believe that we have spent a year in dialogue with the leaders of all those entities, and hours and hours. Please understand that many of the -- that which you have reflected in that report was not done in a vacuum by a ba1dheaded old man. Rather, there were a number of baldheaded old men in the room. We had police, fire, physicians. It was an enormous amount of, no kidding, activity. And you could vet that individually or collectively with all of them in the room, and who they represent. So the -- and there -- it's a matter of definition as to whether there's inconsistencies or whether -- how you read the report. And frankly, it was done permissively to give you broad range. We could have been very specific, we chose not to do that. That's on purpose. Because you guys, excuse me, in all do respect need to make some decisions. There are some things over which you have control directly right now. Given, as I understand it, the way this government is formed and your powers. On the other hand, or also, you have a bully pulpit collectively where you could encourage other people to do other kinds of things. Clearly there are some aspects that you do not have aegis over. And that needs to be done collaboratively. So I want to make it very clear, there are two threads that run through this. One is that we purposely were euphemistic, we purposely were nonspecific, and that's to be catholic in a small sense, that's a Czechoslovakian phrase, Commissioner, to bring more people in under the tent. Number two, we purposely also wanted to make this as collegial as possible. Page 66 January 11,2011 I for one am not willing, in all due respect -- and I think that the men and women who do pay my salary are not willing to have me spend a good bit of time visiting one more time with every other appointed and elected official in Collier County to discuss that which we took that data and we sat down and we made some decisions. And with all due respect we've tried to submit them to you in that form. Now, having said that, we are perfectly willing to work with your two direct reports, two of your three direct reports, your County Manager, who's quite competent, and your attorney who's quite competent, and structure an intelligent decision, a conversation that will be public for everybody, to look at different alternatives for setting up, quote, that kind of an authority that was meant to do a number of the things that you're discussing. We'd be very happy to do that. We believe that that should be open and public to everyone, and you arrange it the way in which you wish under the laws and the procedures that you have to allow public input any way you wish. That we'd be happy to do. I think we're saying the same thing. But if we're not, then we -- let me make it very clear. I don't for one as an individual believe that we can go ring around the rosy again with every other individual. I think we've tried to the best of our ability to do that. That does not mean that fire chiefs, EMS chiefs, chiefs of police, other elected officials should not have input. That's not our purpose. COMMISSIONER HILLER: Well, then, you know what? I'll do it. I will go and I will meet with the leaders of all these different agencies and I will find out what they view as options. And I will bring those to the workshop. COMMISSIONER HENNING: That's a good thing. COMMISSIONER HILLER: Because I think the views -- and again, I'm not asking for consensus, I'm not asking for you to go out and get consensus among all these different entities. I just want all the Page 67 January 11,2011 options presented to this board before the workshop, so that when we get into the workshop we will have had time to think, evaluate, research the various options, and then question the respective agencies and their expert, whoever they want to bring to the table. I also want to see each agency given the permission to bring who they want. If 9-1-1 -- if Chief Bloom has an expert he's working with on 9-1-1 protocol, let him bring that person to the table so that we can have as much information as possible so then when we're making the decision about the creation of this commission we are fully educated. MR. REAGAN: Mr. Chairman, if! may, I think that's very laudable. And I would obviously as an individual and citizen encourage all public officials, particularly elected ones, to do as much appropriate study and evaluation on themselves of everything that goes on. But please do something -- COMMISSIONER HILLER: But this is not independent study. I'm going to ask for all the various options. I will summarize it and then I will present it to the Board of County Commissioners in a one-way communication so they have this information. And anybody else who wants a copy of these various positions. MR. REAGAN: Well, forgive me, I don't want to overstep my bounds. Wonderful. Thank you. As a person, as a citizen, I congratulate -- I think it's very important, if we're going to work with the County Manager and the County Attorney, that you give some general guidance as to how you wish us to move forward and we will consider that. Sir. COMMISSIONER HILLER: So what I would then do with whatever information I collect is I will submit it to the Board of County Commissioners and the County Manager, and he can include it in that package which comes to the workshop on the discussion of, you know, what is the appropriate authority and structure of this commission. And the first workshop will be only this issue. Page 68 January 11,2011 CHAIRMAN COYLE: You got that, the first workshop. MR. REAGAN: In addition to having no hair, I have a hearing deficit as well, okay? The one that we will participate in is this one. COMMISSIONER HILLER: Mike? MR. REAGAN: Yes, ma'am. COMMISSIONER HILLER: You don't have to come to any of the other workshops. Because once that commission is created and we start having other workshops, you can go on vacation. MR. REAGAN: Thank you very much. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Michael, before -- you know, I don't want you to get too comfortable. If I could, sir, what we're talking about is a workshop that will be dealing with the structure, not the details; is that correct? MR. REAGAN: Yes, sir. COMMISSIONER COLETTA: So what we're talking about -- MR. REAGAN: Suggested alternative structure. COMMISSIONER COLETTA: And I seen the structure that you had proposed on your original proposal. And, you know, in basis it sounds fine. I really don't have a problem with it. And I understand what you want to do is bring it forward to the Commission. Now, let's see how we can marry this all together so that -- and it's always easier to be able to put something together with a small group of people and then reach out to a larger group afterwards. I think Commissioner Hiller's suggestion to be able to be the conduit between your group and the rest of the emergency service community is admirable and it will probably go a long ways. But possibly what may be done, now -- because I'm just trying to bring this to some sort of conclusion so we can go on, and I want to make sure that their voices are heard. And I understand what you're saying, at the workshop they will be heard. They'll be there. Hopefully we'll have the table set up in some sort of fashion that will Page 69 January 11,2011 allow for the representatives of the different factions out there to be there at the table to be able to go back and forth with it. So what would come up between your group and the county would be a -- nothing more than a suggested hierarchy of how it could work. And then it would come before us in the workshop for everybody to play into it. I can see how you're trying to keep this thing simple in the beginning and then open it up at the end. I mean, in the best of all worlds I'd love to have everybody at the table from day one. However, the way this is going now, it seems that the alternative that you have offered is probably going to be the way we're going to have to go. One suggestion that I would have is at the point in time that you reach something in the way of a final report that you're going to present at the workshop, that it be made available without hesitation to the full community out there so they can prepare their response -- either acceptance, denial, amend it in some way that would be more agreeable -- in a timely fashion, rather than showing up at the workshop and being handouts at that time. What do you think's going to be a time line between -- MR. REAGAN: Well, Mr. Coletta, let me first make a comment, if! may. Please understand, for the record and each one of you individually, I did not mean to be meant to in any way to try to stifle, input or -- I spent my whole life in public life in one way or another. So I'm not trying to limit anyone's participation. I'm just saying that this has been studied a great deal, the general parameters. Number two, it would seem to me that the workshop ought to have at least two alternative designs that you look at. So you have a couple of things in terms of how the structure of such an authority might be. We'd be happy to have that kind ofa -- be happy to work with the Page 70 January 11,2011 County Manager and the attorney to explore that. Any input that anyone would want to give to us would be fine. I'd rather have you use the word design of a workshop than anything else so that it doesn't limit anyone's thinking. If you wanted us to have that agenda disseminated, we would share that with you. You've got a very large public policy apparatus, public information, you could share that publicly. As far as time and everything, I don't really know at this moment when -- that would be something that I would take your manager's direction on. Is that helpful in any way? We're not trying to stifle anybody's input. We want it. Number two, you ought to have two or more equally valued alternatives. Otherwise you have nothing to make a decision about. And we'd be happy to design some conversation around that, taking input from everyone. The design of the actual format should be up to your manager with appropriate input from your counsel. COMMISSIONER COLETTA: But then when it came to the workshop, at that point in time everything would be on the table and you'd be able to -- MR. REAGAN: Sure. COMMISSIONER COLETTA: -- have everybody exercise an opinion and help to craft -- MR. REAGAN: You tell your manager how you want it structured, sir, please. Sure. COMMISSIONER COLETTA: Thank you. MR. REAGAN: No people hiding in the closet here. You know, we're trying to admit the public input. I just, however, would hope that you would not stimulate a big group grope with -- 550 people for the last 30 years have talked about this. Let's move forward in some way. CHAIRMAN COYLE: Yeah, I don't want to continue to beat Page 71 January 11,2011 this dead horse. Commissioner Hiller, are your comments going to be reasonably brief? COMMISSIONER HILLER: Is there a motion object the table now? CHAIRMAN COYLE: Yes, there is. COMMISSIONER HILLER: Can you restate what that motion is? Because after this discussion -- COMMISSIONER HENNING: No, I am not going to restate it. COMMISSIONER HILLER: I don't know what it is. I mean, there's been so much discussion -- COMMISSIONER HENNING: I mean, I said it clear, Commissioner. You want it be something else, that's fine, you can have it something else. But 1 said it clear. We're going to have a workshop. The Blue Ribbon Committee is going to get together with staff. Staff is going to put down the items for discussion. It's simple. We've been discussing this item for an hour and a half now, you know, and. COMMISSIONER HILLER: And it's -- COMMISSIONER HENNING: May I finish? COMMISSIONER HILLER: An hour and a half to save a life-- COMMISSIONER FIALA: May I finish? COMMISSIONER HILLER: -- is nothing. CHAIRMAN COYLE: Commissioner Hiller, Commissioner Henning has the floor. COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: For an hour and a half we've been discussing this. Nothing has been decided. Okay? We're going to have a workshop and nothing will be decided in that workshop. After that we will give hopefully direction. There will be public -- interested public there to help us formulate that direction, and hopefully that we can move on from there. Page 72 January 11,2011 As a former fire commissioner that had to deal with these issues, the strife between EMS and fire, and now as a county commissioner, I would like to separate those emotions and best serve the publicity for public safety with the professionals of the community. So let's get her done. CHAIRMAN COYLE: Okay with me. All right, I'm going to call the question. All in favor of Commission Henning's motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Should I spell that? COMMISSIONER FIALA: Please. COMMISSIONER HILLER: I just want to clarify -- CHAIRMAN COYLE: I don't think I can. Yes, go ahead, Commissioner. COMMISSIONER HILLER: Commissioner, I'd like to clarify for the record that I will be talking to all the interested parties. I will be getting what they consider as the options. I will provide that to County Manager Ochs and he will include it in the report as part of the options package. CHAIRMAN COYLE: That's wonderful. COMMISSIONER HILLER: Thank you. MR. OCHS: Commissioner, the only clarification there, and I'm sure Commissioner Hiller would agree, that the communication or any tasking for my staff needs to come through me than to the staff. COMMISSIONER HILLER: I'm not going to be dealing with Page 73 January 11,2011 your staff, I'm dealing with you. I like you. CHAIRMAN COYLE: You've got at least one friend up here. MR. MOEBIUS: Thank you, Commissioners. CHAIRMAN COYLE: Thank you, gentlemen. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: You've all done a wonderful job, and thank you for being willing to stick with us a little while longer. MR. MOEBIUS: That's doubling the pay, too, right? CHAIRMAN COYLE: Yes, it is, double the pay. I'll put that in my letter. Okay, County Manager, let's- Item #9 A RESOLUTION 2011-08: APPOINTING GARY DAVIS AND RE- APPOINTING PHILLIP E. BROUGHAM AND EDWARD R. (SKI) OLESKY TO THE PARKS AND RECREATION ADVISORY BOARD - ADOPTED MR. OCHS: Commissioner, move to Item 9 on your agenda. Board of County Commissioners, 9A is an appointment of members to the Parks and Recreation Advisory Board. COMMISSIONER FIALA: Commissioner, I'd like to just jump in here, if I may. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER FIALA: First of all, the committee recommendation, Ski Olesky just remain in, he's already an incumbent; Bill Brougham to remain in, he's already an incumbent. But then I was reading the rest of these things. Lenice DeLuca, she sounds like a great person. But as I was reading through, a guy that I know who lives in Commissioner Henning's district, his name is Gary Davis, his things were so odd. So I read it further, and I found Page 74 January 11,2011 that the backs of all ofthese things were all messed up. Like Gary Davis, the back of his thing said he was in electronics management, yet he was a school administrator. And he's part of the East Naples Civic Association, and yet East Naples Civic Association is on the back of Lenice DeLuca and Gary McNally. Both of them have that same thing. And I thought maybe there was some confusion when they discussed this. And so I would like to make a motion to include Gary Davis as the third appointee to this thing, because I think he'll be great. He's also in District 3. It doesn't say that on here. CHAIRMAN COYLE: Okay. We've got-- COMMISSIONER FIALA: Olesky, Brougham and Davis. CHAIRMAN COYLE: Okay. All right. So you've got a recommendation to appoint Ski Olesky, Phillip Brougham and Gary Davis, rather than Lenice DeLuca. COMMISSIONER FIALA: She's wonderful too. I think they're going to have another opening, and I'm hoping that when they have that opening she can be on there. CHAIRMAN COYLE: Okay. Do you know Mr. Davis personally? COMMISSIONER FIALA: Yes, I do. CHAIRMAN COYLE: Good. Okay. So you know him to be a good guy. COMMISSIONER FIALA: Yeah, actually. CHAIRMAN COYLE: Good, good. COMMISSIONER FIALA: And he's worked with children his whole life, because he was in the school administration. CHAIRMAN COYLE: Very well. I'll second your recommendation. COMMISSIONER FIALA: Also in this thing, just one more little correction. It was showing behind his thing that there was -- it said something about ACLU and so forth. But that wasn't his either. Page 75 January 11,2011 Page 23 really belongs -- CHAIRMAN COYLE: With another one. COMMISSIONER FIALA: -- behind Page 14. So, I mean, it was all kind of messy there. But I just wanted to make sure that everybody understood, it didn't read the way it shows in our book. CHAIRMAN COYLE: Yeah, I noticed the same problem. COMMISSIONER FIALA: Okay, thank you. CHAIRMAN COYLE: So we have a motion and a second. Is there any discussion? (No response.) CHAIRMAN COYLE: The motion by Commissioner Fiala, second by me. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) CHAIRMAN COYLE: Motion passes unanimously. Item #9B RESOLUTION 2011-09: APPOINTING GINA DOWNS (DISTRICT 2) AND RICHARD G. FEDERMAN (DISTRICT 2) TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - ADOPTED (THE COUNTY ATTORNEY AND COUNTY MANAGER TO BRING BACK A POLICY REGARDING BACKGROUND INFORMATION AND VERIFICATION OF ADVISORY BOARD APPLICANTS) Page 76 January 11,2011 MR. OCHS: 9B is appointment of members to the county government productivity. COMMISSIONER COLETTA: I make a motion that we approve Gina Downs and Richard Federman. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Coletta to approve Gina Downs and Richard Federman for appointment to the Collier County Government Productivity Committee. Seconded by Commissioner Fiala. And there is discussion. COMMISSIONER HILLER: Yes. You know, there is really a problem with our advisory committees' voting for themselves. We have self-perpetuation of like-minded people going on with the same people being reappointed over and over again to these advisory boards. Maybe one of the reasons why we can't effectuate positive change in Collier County is because these people who are advising us are always the same people. Mrs. Downs has been on this committee several times. The opportunity has to be opened up to others in the community. The candidates that applied were absolutely amazing. There's one gentleman by the name of Joe Wall, an MIT grad, a high-level manager in a major multinational corporation, administering multi, multi million dollar budgets, a graduate of Leadership Collier. His credentials eclipse Mrs. Downs credentials many, many times over. That is who I would recommend. It is unacceptable to have this type of entrenched membership in our committees. Our county is suffering as a result. We need new blood, we need new people with new ideas so we can stay cutting edge. The Productivity Committee is a very important committee. This Page 77 January 11,2011 committee advises the Board of County Commissioners about the operations of the County Manager, about whether or not there are financial efficiencies and economies that can be gained. Large organization experience is required. Mrs. Downs does not have that. CHAIRMAN COYLE: Okay, that is certainly your opinion. But I would take exception to some of the comments. Your comment that the failure to replace people on the Productivity Committee is one of the reasons that we can't effect positive change in Collier County, we have been effecting positive change in Collier County for many years. That's why it's such a wonderful place to live. And for a county commissioner to make allegations that we have not had positive change in Collier County is a significant misstatement, to be charitable. So secondly, to demonstrate that your statements are entirely incorrect, Mr. James Hoppensteadt has been on the committee and was not reappointed. There are a number of new people on the committee, including Leslie Prizant, Ms. Cheryl Pavlick, John Kerns, and Vladimir Ryziw. There is turnover on that committee and the committee itself knows the kinds of skills that it needs in order to develop balanced reports and audits for Collier County. And they've done an excellent job, even though I also disagree with some of the positions of the people on that committee. But I accept their recommendations, and I think they've done a wonderful job. And we have a motion on the table. Commissioner Fiala, were you next? COMMISSIONER FIALA: Yeah, I was just going to say that it looked like none of these people voted for themselves because none of them are on the committee at all, so it isn't perpetuating themselves. And I just went by the number of votes that each one got. This Mr. Walls sounds like a great guy. I don't know why he only got two votes. I just -- I don't know that. But maybe he didn't interview well Page 78 January 11,2011 or something like that. But it seemed -- and then Mr. Hoppensteadt actually got one vote but then he withdrew. So I don't know, I'm with the committee's recommendation because none of those people that they recommended are on the committee anyway. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: County Attorney, in some of these submittals they provide experience such as degrees and that. Are we allowed to ask for that type of information, such as a degree? MR. KLATZKOW: Yes. COMMISSIONER HENNING: Okay. So, I mean, I'd get together with Ian and verify some of the public's concerns about somebody's experience? MR. MITCHELL: Yes, sir. CHAIRMAN COYLE: Okay. Commissioner Hiller, did you want to speak again? COMMISSIONER HILLER: Yes. I would like the same information on work experience. Verification. Verification of her work experience. COMMISSIONER HENNING: I'll send you some smoke signals to read later on. MR. MITCHELL: Yes, sir. Sir, I'll work with both of you to provide the information you're requesting. CHAIRMAN COYLE: Are we going to do this for all the members of the Productivity Committee or just specific people? MR. MITCHELL: My assumption -- CHAIRMAN COYLE: Are we targeting somebody; is that what MR. MITCHELL: Well, what I'm assuming is that it's -- as we deal with vacancies on the advisory committees, not just this committee, if any particular commissioner wants this kind of Page 79 January 11,2011 information, they would come to me and ask me to review it for them. CHAIRMAN COYLE: I don't see anything wrong with that, I just would like to make it a standard practice for everyone, rather than targeting a particular individual that you mayor may not approve of. So if we're going to do it, let's do it for all of the committee members. COMMISSIONER COLETTA: Can we bring this back as an agenda item? I don't think a decision should be made -- CHAIRMAN COYLE: That's a good idea. That's a good idea. Okay, we have a motion on the table now for Gina Downs and Richard Federman to be appointed to the Productivity Committee. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, it passes 4-1, with Commissioner Hiller dissenting. With respect to the other issue about collecting the information and verifying information on applicants for these committees, let's put that on the agenda the next time and see if we can't come up with a policy that is fair to everybody and also make sure we get the best qualified people assigned to the committee. Right? COMMISSIONER COLETTA: May I make one suggestion? CHAIRMAN COYLE: Yes. COMMISSIONER COLETTA: We have the County Attorney advise us so if somebody does deliberately lie on their application, what would be the ramifications for that. We could also have that. MR. MITCHELL: Mr. Chairman, I'll work with the County Attorney and we'll bring something back at the next -- Page 80 January 11,2011 CHAIRMAN COYLE: Good. MR. KLA TZKOW: I'm assuming this is a going forward basis -- CHAIRMAN COYLE: Yes. MR. KLATZKOW: -- you don't want us to-- CHAIRMAN COYLE: Yes, yes. MR. KLATZKOW: Okay. So in that case, if somebody lied on their application and it was found, you wouldn't see the application, we would just not forward it to you. I assume that will be the policy, but we'll take that back to you. CHAIRMAN COYLE: All right, bring it back to us and let us consider it. All right, thank you, let's move on to the next item. MR. OCHS: Next item is 9C. It's a request to consider suspending -- CHAIRMAN COYLE: I'm sorry, Commissioner Hiller, did I ignore you? COMMISSIONER HILLER: As a matter of legal right, any commissioner should be able to ask for verification of any information provided on these submittals. We just took a vote relying on the information that's being presented. That's problematic. We should be able to verify this information at any point at any time. There's no way that any action by the board could chill a commissioner's right to have staff verify the truth of what's being submitted. CHAIRMAN COYLE: That's what -- MR. KLATZKOW: We're going to be bringing this back. CHAIRMAN COYLE: -- we'll determine when we bring it back, right? COMMISSIONER HILLER: I'm asking the County Attorney. That question was not addressed to you. MR. KLA TZKOW: Well, you don't have policy -- right, now we're going to bring it back to you for your direction at that point in Page 81 January 11,2011 time. My advice is going to be just do this on a prospective basis. Because we've got, God only knows, hundreds of people out there who serve on your boards. I don't know if, you know, Mr. Mitchell really has the time to be verifying everything they put down there. But that's something you can give us direction on. CHAIRMAN COYLE: Okay. We're finished with that one. Item #9C SUSPENDING ALL FURTHER ACTION ON THE PART OF COUNTY STAFF, AND ANY FURTHER SPENDING OF PUBLIC FUNDS RELATED TO THE JACKSON LABS PROJECT IN LIGHT OF JACKSON'S WITHDRAWAL OF ITS APPLICATION FOR FUNDING TO THE STATE. ADDITIONALLY, A SEP ARA TE REQUEST IS PROPOSED FOR A FULL ACCOUNTING OF ALL PUBLIC FUNDS SPENT ON THIS PROJECT TO DATE, INCLUDING BUT NOT LIMITED TO THE EXPENDITURE OF PUBLIC FUNDS FOR COUNTY STAFF TIME INCURRED IN DEALING WITH THE PROJECT; SUCH ACCOUNTING TO BE PRESENTED TO THE BCC AT THE FIRST MEETING IN FEBRUARY - MOTION TO STOP ALL FURTHER ACTION ON THE PART OF COUNTY STAFF, AND ANY FURTHER SPENDING OF PUBLIC FUNDS RELATED TO THE JACKSON LABS PROJECT IN LIGHT OF JACKSON'S WITHDRAWAL OF ITS APPLICATION FOR FUNDING TO THE STATE. ADDITIONALLY, A SEPARATE REQUEST IS PROPOSED FOR A FULL ACCOUNTING OF ALL PUBLIC FUNDS SPENT ON THIS PROJECT TO DATE, INCLUDING BUT NOT LIMITED TO THE EXPENDITURE OF PUBLIC FUNDS FOR COUNTY STAFF TIME INCURRED IN DEALING WITH THE PROJECT; SUCH ACCOUNTING TO BE Page 82 January 11,2011 PRESENTED TO THE BCC AT THE FIRST MEETING IN FEBRUARY - FAILED; MOTION FOR A FULL ACCOUNTING OF EXPENDITURES OF PUBLIC FUNDS USED FOR JACKSON LABS PROJECT - APPROVED MR. OCHS: 9C is a request to consider suspending all further action on the part of county staff and any further spending of public funds related to the Jackson Labs project in light of Jackson's withdrawal of its application for funding to the state. Additionally, a separate request is proposed for a full accounting of all public funds spent on this project to date, including but not limited to the expenditure of public funds of county staff time incurred in dealing with this project; such accounting to be presented to the BCC at the first meeting in February. This item was placed on the agenda at Commissioner Hiller's request. CHAIRMAN COYLE: Okay, Commissioner Hiller, it's all yours. COMMISSIONER HILLER: Yes. I'd like to make that as the motion, changing the word suspending to stop all further action on the part of the county staff. And so the motion would be as written, which is to stop all further action on the part of county staff, and any further spending of public funds related to the Jackson Labs project in light of Jackson's withdrawal of its application for funding to the state. The second part of the motion is a separate request, is: Propose for a full accounting of all public funds spent on this project to date, including but not limited to the expenditure of public funds for county stafftime incurred in dealing with the project; with such accounting to be presented to the Board of County Commissioners at the first meeting in February, which is a month away. CHAIRMAN COYLE: Okay. Commissioner Hiller, let me just Page 83 January 11,2011 make a comment concerning this. I would be happy to support a full accounting of all the public funds spent on this project to date. I think it's only appropriate that that be done; I don't have a problem with it. I would ask that you consider the possibility of splitting this into two actions. First, let's get the report on the money, see how the money was spent, and then bring back your motion to consider stopping all further action on the part of the board. COMMISSIONER HILLER: Thank you for your thoughts on that. However, I don't agree with your suggestion. Right now Jackson Labs has withdrawn their application for funding to the state. There is no further action that the county should take in light of that. You have repeatedly made it clear that if there was no state funding forthcoming, there would be no action on the part of the county. That logically ties in with the motion that I am making here today. It is absolutely essential that we stop spending any public funds on this project if there are no state funds forthcoming. And this project is not deemed to return a positive return on this investment to the taxpayers of Collier County. And if the taxpayers are not given an opportunity to vote on whether or not they want to be additionally taxed to support this project, if there is a positive return, and there is a valid public purpose, then it makes no sense for any more public funds to be wasted on this project. We don't have the monies that we can afford to waste -- CHAIRMAN COYLE: Yeah, I -- COMMISSIONER HILLER: n on something that is not going forward. CHAIRMAN COYLE: I appreciate that, Commissioner Hiller. But it's more complex than you portray it. I think you will find, if you would wait until the funding report is available, that most of the funding has gone toward the satisfaction of Page 84 January 11,2011 public information requests by your supporters who want to fight the issue and the legal issues. We don't have the option of not responding to those. So there will be costs going forward associated with this that are beyond our control. Weare taking action in the latter part of this agenda to terminate the court action on the bond validation, and we're doing that because it makes sense. That's something we can control. We cannot control the expenses of people who are challenging the project and who have stated they will continue to challenge the project, even though we have decided to terminate the court hearing on the bond validation. So I will vote for a complete full accounting of all the public funds associated with the project. But to say stop all further action on the part of county staff leaves the county and the taxpayers at a significant legal disadvantage, and I don't believe it's responsible for us to do that. Not only that, but to make that kind of a decision before we know what the state intends to do, if anything at all, is simply a knee jerk reaction and an attempt to stop a project, regardless of what its potential benefits might be, and none of us can forecast that. Numbers might be substantially different. And to refuse to let the staff coordinate with and respond to state requests about what Collier County could or could not do is, quite frankly, irresponsible. But nevertheless, you've got your motion. Is there a second? COMMISSIONER HILLER: I'm not finished. I'd like to answer and comment on what you said. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: Your characterization that the bulk of the expenditure relates to public records request is completely incorrect. An inordinate amount of staff time has been spent on this project. The planning and zoning division, Mr. Casalanguida and his staff, have spent an inordinate amount of time on this issue. Mr. Klatzkow and his staff have spent an enormous amount of time. The Page 85 January 11,2011 commissioners collectively have spent an enormous amount of time. An accounting is not merely the expenditure of public funds to an outside vendor or the cost to provide public records. But it is the hours of staff time, times their rate in addition. I want a full accounting of all the hours spent by staff, including the County Commissioners. Because that is an expenditure of public funds that should be reported. And as to your comment that we need to not stop this because maybe some day this might come back to us, at the point in time that the state decides to move forward, if they do decide to move forward with this project and we decide to move forward with this, on that basis the matter can be brought back to the Board of County Commissioners for consideration. But until such time, all public spending with respect to Jackson Labs should cease. CHAIRMAN COYLE: Okay. Commissioner Henning, I'll get to you in just a moment. I'm curious about something. You've asked for an accounting of the public funds, but yet you also allege that enormous amounts of time have been spent by the County Attorney and by the county staff and others on the project. COMMISSIONER HILLER: And that is a use of public funds. CHAIRMAN COYLE: If you know -- if you have information to substantiate the statement that an enormous amount of funds have been spent on this -- COMMISSIONER HILLER: Time. CHAIRMAN COYLE: How do you know that if you don't have a public accounting of it? How do you know? COMMISSIONER HILLER: I've actually started communicating, for example, with the County Attorney. And I've asked him to start compiling the hours. CHAIRMAN COYLE: Okay. Has he compiled the hours to January 11,2011 COMMISSIONER HILLER: Not fully. CHAIRMAN COYLE: And has he reported them to you? Then you can't say there are enormous hours associated with this. You are exaggerating. And what I'm asking you to do is stop for a moment and let's get the facts. COMMISSIONER HILLER: I'm not exaggerating -- CHAIRMAN COYLE: Okay-- COMMISSIONER HILLER: -- I'm sorry. CHAIRMAN COYLE: Then you have no report from the County Attorney yet? COMMISSIONER HILLER: I do have a report from the County Attorney -- CHAIRMAN COYLE: You do. COMMISSIONER HILLER: -- that's not complete. CHAIRMAN COYLE: Okay, County Attorney, have you provided that report to anybody else? MR. KLATZKOW: No. I was asked by Commissioner Hiller to give her hours based on the bond validation arbitration -- not bond vali -- the arbitration we just went through a few weeks ago. So my report was with limited to that. CHAIRMAN COYLE: So one instance is what you've reported on; is that correct? COMMISSIONER HILLER: And in that instance alone, the County Attorney reported 120 hours, not including his time. We still have extrapolated the value of that, because you have to take the hourly rate and multiply that. On top of that, we have the cost to Nabors-Giblin, outside bond counsel, that we're still waiting for the bill on. And there are a lot of other issues out there that have been addressed in a similar fashion. When you start adding it all up, it will be a large number. CHAIRMAN COYLE: Okay. Why don't we add it all up and let's take a look at it before we start making allegations of enormous Page 87 January 11,2011 amounts. COMMISSIONER HILLER: That is secondary to issue that no further expenditure of public's funds should be made. This project is no longer on the table. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I'll second the motion. CHAIRMAN COYLE: Okay. So we have a motion on the table. COMMISSIONER HENNING: Let me -- CHAIRMAN COYLE: It's clearly stated here. Go ahead. COMMISSIONER HENNING: Yeah, let me just say, it's going to come back in a different forum. Wait till it comes back in a different forum. The EDC has started another not-for-profit organization, Collier Get Back To Work, or something like that. You know, it's a spin of the same thing. So let's wait for that stuff to come back to us so we can digest it. It would be something different. In the meantime, let's work on some real stuff, okay? That's why I second the motion. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: All opposed by the motion, signify by saYIng aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: So it fails, a vote of3-2, with Commissioners Coletta, Coyle and Fiala opposing the motion. COMMISSIONER HENNING: Motion to take lunch. COMMISSIONER HILLER: I'd like to just make a comment on that. Page 88 January I 1,201 I Just so the public understands, notwithstanding that Jackson Labs is not applying for public funding either to the state or Collier County, three commissioners, Commissioner Fiala, Coyle and Coletta have decided to continue using public funds to investigate or deal with this project, notwithstanding that it's not on the table. CHAIRMAN COYLE: Okay. Now-- COMMISSIONER HILLER: We don't have the money to do that. CHAIRMAN COYLE: That simply is a mischaracterization. We have not said that we intend to spend money on the Jackson Labs project. We have merely said that staff should have the right and the flexibility to respond to economic development opportunities in a reasonable way. If another project comes up and the staff begins to collect information in order to make a recommendation to the Board of County Commissioners, that should be completely acceptable to us. We cannot manage all of these issues from this desk. So we have not committed spending any more funds. We haven't had a meeting with Jackson Labs since I think November. Is that correct? MR. OCHS: I believe so. CHAIRMAN COYLE: Yeah. So the only things that have resulted in expenditure have been legal challenges. And the legal challenges are not something that we have necessarily initiated. So we are prudently utilizing funds for economic development in Collier County, and I think we should continue to do so. And the staff should be free to consider and report to the board any economic development opportunities that appear to be feasible. Thank you very much. And Commissioner Fiala? COMMISSIONER FIALA: Just when you say we should be able to continue to pursue economic opportunities, we just heard this Page 89 January 11,201 I morning about what's happening on the farms. And, you know, that's one of the three legs that we have as far as industry in Collier County, and slowly but surely we're losing that industry. And so now we're going to have a two-legged stool. And we must pursue other economic opportunities. And I don't know what form they're going to be in, and I don't know who we're going to be dealing with and I don't know -- hopefully we're going to get into this biomedical field, because that is the upcoming wave of the future. And I would want to be on that wave. Whether it -- I don't care who is involved in it. It doesn't make any difference if it's Jackson Labs, USF or NCH or anybody else, I just want to see us preparing now for our future industrial economy -- not industrial economy, our future economy. CHAIRMAN COYLE: Yeah. Commissioner Coletta? COMMISSIONER COLETTA: Yes. And if I may add to it. When you talk about the three-legged stool, remember one other part of it was construction? That's gone. The other part is tourism; that's a very seasonal type thing. Look what we went through this past year. We don't have a leg to stand on when it comes to this stool. And so, you know, I applaud the people that are willing to get in there and try to find solutions for this rather than say this will not work, there's nothing that's going to work. We seen a great sample today of how common objectives can be reached by a vast majority of people when we had the issue regarding emergency services. You know, and we've got to get to that point again in this community. I mean, the objections that are being raised up on a continuous fashion, the mistruths that are being repeated over and over again to the point they sound like they're true, you know, I've had it. When I get a chance to talk to people one-on-one, 90 percent of the time they understand where we're coming from. How much money have we personally given to Jackson Labs since this started? Zero. Page 90 January 11,201 I CHAIRMAN COYLE: Zero. COMMISSIONER COLETTA: What have we done to be able to commit this county as far as Jackson Lab coming into Collier County, what time did we take a vote that says, okay, we have the door open for Jackson Lab, here's the money, come on it and we'll go forward. We have never taken that vote. This has been a work in progress and we've got people out there making all sorts of claims that we are taking legal positions, that we're enriching ourselves. I mean, it is so degrading. And it's got to stop. It has absolutely got to stop. You know, give the process a chance to be able to work through. I mean, it's not fun to have to stand up to people that are on an opposition to anythng in this world. But, you know, the truth of the matter is, we don't know what we got. If it turned out the way it was originally envisioned it would have been an amazing, beautiful thing. But we never got to that point. And the naysayers may be successful in the fact that they'll be able to kill this before it ever bears fruit. And then we'll have to go back to square one and start working through again, which we'll do. Because I don't plan to walk away from this until I find some entities out there that can try to replace what we have lost out there over the past five years. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: I just want the public to also understand that Commissioner Coletta, Fiala, and Coyle have just denied the public their right to an accounting of the expenditures to date on this project. COMMISSIONER FIALA: Nobody ever said that. COMMISSIONER HILLER: That was part of my motion. COMMISSIONER FIALA: Where are you coming from? COMMISSIONER HILLER: It was part of my motion. COMMISSIONER FIALA: Oh, for goodness sake. COMMISSIONER HILLER: You denied it. You opposed it. CHAIRMAN COYLE: Well, the public can see what's Page 9 I January 11,2011 happening here. COMMISSIONER HILLER: It's worth clarifying. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. You know, we -- just to feed off of what Commissioner Coletta said, we talk -- we spoke of vitriol this morning earlier in our meeting, and did you see what people wrote as blogs when -- about this explosion where these people were hurt? CHAIRMAN COYLE: Mangrove Cafe. COMMISSIONER FIALA: Did you read some of the vitriol? How could you -- how could people write that? I don't know what kind of -- we're breeding that anger and that resentment and turning words to create another impression, and it's so wrong. And what's happening is, you've got this society now that's angry about everything, never wants to learn about anything good and just fights it all, and they do it in a vitriolic way, and it's so sad, because you see, like this 22-year-old shooting people up, that's what's happening. And this -- this stuff has to stop. It's just awful. CHAIRMAN COYLE: It is. Commissioner Coletta, you have something else? COMMISSIONER COLETTA: I'm done. Thank you. CHAIRMAN COYLE: Okay. And before we break for lunch, I would like to make a motion that we have a full accounting of the public funds for the Jackson Labs project. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Seconded by Commissioner Fiala. Is there any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. Page 92 January 11,2011 CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: (Absent.) CHAIRMAN COYLE: It passes unanimously, a vote of 4-0. COMMISSIONER HILLER: Let me just -- due by when? Due by the next meeting in February? CHAIRMAN COYLE: As soon as he can get it together. Ifhe can get it together in February, fine; ifhe can't, we'll do it the next time. COMMISSIONER HILLER: Thank you, Commissioner Coyle. I appreciate you bringing that back in this fashion. CHAIRMAN COYLE: I made that offer in the beginning. From the very beginning I made that offer to do that. COMMISSIONER FIALA: You did. CHAIRMAN COYLE: So with that, we are going to break for lunch, and we'll be back here at 1: 11. (A luncheon recess was had.) CHAIRMAN COYLE: Ladies and gentlemen, the Board of Commission meeting is back in session. Will you take us to the next item, Leo? Item #12A BOARD REVIEW OF THE NON-BINDING ARBITRATION DECISION RELATED TO THE RURAL LANDS STEWARDSHIP AREA OVERLAY AND ESTABLISHES WHETHER THE CREATION OR AMENDMENT OF A STEWARDSHIP RECEIVING AREA REQUIRES AN AFFIRMATIVE VOTE OF THREE OR FOUR MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS - MOTION TO REJECT ARBITRATOR'S RULING - FAILED; MOTION TO ACCEPT ARBITRATOR'S RULING - APPROVED Page 93 January 11,2011 MR. OCHS: Yes, sir. We have a time certain 1 p.m. item. That's Item 12A. It's under the county attorney's report, and it's that the board reviews the nonbinding arbitration decision related to the Rural Land Stewardship Area overlay and establishes whether the creation or amendment of a stewardship receiving area requires an affirmative vote of three or four members of the Board of County Commissioners. MR. KLA TZKOW: And, Commissioners, I'll keep this short. You had directed us to enter into nonbinding arbitration with the Eastern Collier County property owners. We did that. I have included a copy of the arbitrator's decision, it is nonbinding, a copy of the transcript that led to this, and we are awaiting your direction on this Issue. CHAIRMAN COYLE: Okay. The decision, or the recommendation, is to terminate the bond-validation hearing. MR. KLATZKOW: No, this is the-- CHAIRMAN COYLE: Oh, I'm sorry. I'm sorry. MR. KLATZKOW: This is -- we did that on consent. CHAIRMAN COYLE: That's right. This is a supermajority versus majority, right? MR. KLATZKOW: Yes, sir. CHAIRMAN COYLE: Okay. All right. Any questions by commissioners? Okay. Commissioner Henning? COMMISSIONER HENNING: Mr. Klatzkow, have you found anything in the record to where it was stated that it takes -- this is a -- the RLSA is a different process from other zoning processes that we do? MR. KLATZKOW: The record was remarkably silent as to that Issue. COMMISSIONER HENNING: Did you see in the agenda when Page 94 January 11,2011 we adopted the Ave Maria, the town of Ave Maria, RLSA to where I said to the board, who wasn't full, we need four? MR. KLATZKOW: Yes, I did, sir, but you were referring to the DR! at that point. COMMISSIONER HENNING: Correct. And the DR! takes four? MR. KLATZKOW: It has been some opinion in the past that it takes four. My opinion is at that point it is three actually, but it's -- that's what was said, yes. COMMISSIONER HENNING: Okay. How would this affect the Constitution -- Constitution on the 14th Amendment of equal protection? And I can recite it if anybody wants to. How does that affect these two different processes if the board determines it's only a simple majority versus a supermajority? MR. KLATZKOW: There will be that issue that's outstanding. Somebody will always be able to make a claim that the property owners in Eastern Collier County are treated differently from the property owners in Western Collier County, and there is that claim that can be made. Whether that's a successful claim, I don't know. COMMISSIONER HENNING: What is your opinion on the Constitution and if the board decides it's a simple majority? MR. KLATZKOW: I think there's a very strong claim that could be made that it's -- that you're treating people unequally in Eastern Collier County than you are in Western Collier County. COMMISSIONER HENNING: Right. And it is true that whether it be a Growth Management Plan for the RLSA or whether it was the GMP or any zoning action that came to the Board of Commissioners, it went through the same process as other property owners within the county. It had a public information meeting, correct? MR. KLATZKOW: There will no longer be public -- in Eastern Collier County, on -- there will not be public information meetings. Page 95 January 11,2011 COMMISSIONER HENNING: There has been, though, on every single process that I just explained? MR. KLATZKOW: Up till now, yes. COMMISSIONER HENNING: Up until now, because you're waiting for action of the board, the Board of Commissioners, who wouldn't have that public information meeting -- MR. KLA TZKOW: No, because it's not a rezoning. COMMISSIONER HENNING: Right. That's what the claim is, that it's not a rezoning action? MR. KLATZKOW: Yes, sir. COMMISSIONER HENNING: It has been advertised -- Commissioner Coyle, are you upset? CHAIRMAN COYLE: No, no. I was just shaking my head that that's not correct. But go ahead. COMMISSIONER HENNING: Okay. It has been advertised as always a public zoning, went through the Planning Commission process, like all rezonings do, on the recommendations. Everything that has been done that you can see in the past to how we treated the RLSA is the same that we have done for any other zoning action? MR. KLATZKOW: Up until the creation of the RLSA. COMMISSIONER HENNING: Okay. Do you want to explain that? MR. KLATZKOW: Yeah. The difference in opinion is that the Eastern Collier County property owners took the position, and the arbitrator agreed, that the rezoning was completed by the Board of County Commissioners when they adopted the RLSA overlay. COMMISSIONER HENNING: But -- okay. You misunderstood. The actions -- the zoning actions that we have taken in the past with the RLSA -- MR. KLATZKOW: You've only taken one action. COMMISSIONER HENNING: -- only one, was the town of Ave Maria. There was a public information meeting. There was -- it Page 96 January 11,2011 went through the -- on this one, the EAC and the Planning Commission. The proposed map change that was on our agenda today, it went through the same process, correct? They had a public information, it had -- it went through the Planning Commission, it was public (sic) advertised in the Planning Commission, Board of Commissioners, even was continued because there was a flaw in the public advertising. Anything I said is incorrect? MR. KLATZKOW: There's public advertising, but it's different than a rezoning. We don't put up a sign, for example. COMMISSIONER HENNING: There is a sign on their land. MR. KLA TZKOW: It's not required. COMMISSIONER HENNING: Pardon me? MR. KLATZKOW: It's not required. COMMISSIONER HENNING: Not required? MR. KLATZKOW: By the ordinance. You've got two different ordinances now in Collier County. You've got your regular zoning ordinances for what I'll call Western Collier County, and you have your RLSA overlay for this portion of Eastern Collier County, and they're a different process. COMMISSIONER HENNING: And that was what the arbitrator is saying? MR. KLATZKOW: Yes. COMMISSIONER HENNING: Right. That isn't how we've been treating it. How we've been treating it is the same as any other zoning process. That's a matter of fact. I'm done. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Mr. Klatzkow, when an SSA is created, isn't it created pursuant to a contract between the applicant and the Board of County Commissioners? MR. KLATZKOW: It's more of an agreement -- it's more of an agreement where the property owner agrees not to develop his Page 97 January 11,201 I property in a certain way in exchange for getting developmental rights that could be monetized. So it's not truly a zoning change. It's an agreement not to do any development on that property. COMMISSIONER HILLER: You're correct. It's not a zoning change. It's an agreement. It's a contract. MR. KLA TZKOW: That's how I view it, yes. COMMISSIONER HILLER: There is a meeting of minds between the two parties regarding that piece of property with respect to the creation of an easement over that property, a conservation easement more specifically; isn't that correct? MR. KLATZKOW: That's how I view it-- COMMISSIONER HILLER: And that's why -- MR. KLATZKOW: -- which is good -- which is why we can put it into escrow. COMMISSIONER HILLER: Exactly. And that is why it is not a zoning action, because it is the creation of an easement by contract. You can't zone by contract and, therefore, there has to be a 3-2 vote. There is a very clear difference in the creation of an easement and the SSA as a result as compared to the creation of this SRA and what's done within the SRA, which is very clearly a zoning action. MR. KLATZKOW: I would agree with that. COMMISSIONER HILLER: The other thing that concerns me with respect to the 3-2, or let's just say the non-supermajority vote, is -- and I don't think the community is aware of this. But if we actually can have zoning actions determined by a simple majority with a five-man board, we have a quorum with three, meaning you could actually have a win, if you will, if -- you know, you would basically have a ruling with just two votes. So we could actually see the whole Ave Maria -- the whole town of Ave Maria developed based on two votes with respect to these zoning actions? MR. KLATZKOW: Well, that town was already approved. I Page 98 January 11,201 I think your better example would be Big Cypress. COMMISSIONER HILLER: Right. Okay. Well, Big Cypress then. Big Cypress. MR. KLATZKOW: Yes, if there were only three commissioners present, a simple majority would be two commissioners. COMMISSIONER HILLER: That's somewhat concerning. CHAIRMAN COYLE: Okay. We-- COMMISSIONER HILLER: There's the issue of preemption. CHAIRMAN COYLE: Sorry, go ahead. COMMISSIONER HILLER: In your opening arguments, you clearly established that Collier County, with respect to its zoning votes, is governed by the Special Act; is that correct? MR. KLATZKOW: Yes. COMMISSIONER HILLER: And for Collier County, the requirement is four-fifths, a four- -- you know, four-out-of-five vote, a supermajority vote. MR. KLATZKOW: You need a minimum of four affirmative votes. COMMISSIONER HILLER: A minimum of four votes. MR. KLATZKOW: To change the zoning in Collier County. COMMISSIONER HILLER: To change the zoning. MR. KLATZKOW: The difference here is that, the argument is that they already changed the zoning in Eastern Collier County, so that was done, so that, in essence, the creation of the town of Ave Maria is more akin to the filing of a Site Development Plan than it is a rezoning. It's a different concept than we've had before in the county. COMMISSIONER HILLER: I understand, and I wouldn't agree with that. I don't think the creation of a town is equivalent to a Site Development Plan. I have serious concerns about this. I think this issue raises equal-protection concerns. I think this issue raises preemption concerns. I think it puts the public at risk, and particularly the public Page 99 January 1 1,2011 that intends to live in Ave Maria, that there would not be sufficient safeguards in place to ensure that that community is developed in a proper way with respect to their interests in that community. I think you did a very good job when you argued this, and I want to thank you for your contribution. CHAIRMAN COYLE: How many public speakers do we have, Ian? MR. MITCHELL: There are eight public speakers. CHAIRMAN COYLE: Okay. Why don't we call the public speakers. MR. MITCHELL: Okay. Mike Pettit, and he'll be followed by Marielena Montesino de Stuart. MR. PETTIT: Good afternoon, Commissioners. Mike Pettit. I'm here on behalf of the Eastern Collier Property Owners. Our firm, Cheffy Passidomo, represented the property owners in the arbitration before Justice Bell. We're here today to ask that you simply follow the arbitrator's guidance and establish, once and for all, that a majority vote is sufficient, a majority vote of this board is sufficient to designate a Stewardship Receiving Area in the Rural Land Stewardship Area. There are a number of reasons that we think that result is absolutely right. I'm going to start with the first one, which I think is very compelling, and that has to do with the quality of the arbitration. This arbitration, it came about because the RLSA zoning overlay ordinance is silent regarding the adoption for the resolution for an SRA. And your county attorney said that, to the extent there was a supermajority requirement that could be imposed, it would have to flow from the 1967 Act, and he said that on October 26,2010. You determined to seek the viewpoint of a neutral and highly qualified arbitrator, and you directed us and the county attorney to find that arbitrator and conduct a nonbinding arbitration. We did that. You have the benefit of the arbitrator's II-page decision in your Page 100 January 11,2011 agenda package. I think what I want to emphasize, though, is the quality of that proceeding. First of all, the arbitrator was a former Supreme Court Justice. He has 18 years experience as a judge. He was the youngest judge ever appointed to the Circuit Court in the First District of Florida. He is a board-certified real estate attorney. There were collectively over a hundred years of experience presented by witnesses to that arbitrator, both the witnesses called by Mr. Klatzkow and his team using highly experienced members of the County Attorney Office, Ms. Ashton and Ms. Hubbard, and our witnesses. Because of time constraints, I won't go through them. If you want to let me talk longer, I will. CHAIRMAN COYLE: I don't want to let you talk longer. MR. PETTIT: Okay. There were 70 pages of briefing done by both parties. There were thousands of pages of exhibits provided to this arbitrator, all the pertinent ordinances, documents. This is an example of one binder of exhibits. There were seven; four from the county, three from us. The arbitrator had a full airing of this issue and brought his experience from the Supreme Court, as a real estate attorney, and as a trial judge to bear and decided that a simple majority was sufficient. A second reason -- CHAIRMAN COYLE: You're going to wrap up, Mike? MR. PETTIT: I will wrap up right now. CHAIRMAN COYLE: Okay. Thank you. MR. PETTIT: The second -- I think the second most compelling reason to adopt the arbitrator's decision here is, the fundamental rule in this country is majority rule. That's the rule that's endorsed by your Land Development Code, that's the rule that's endorsed throughout the rest of the country. Supermajorities are exceptions. They tend to be undemocratic. There's sometimes good reasons for them. They have Page 101 January 11,2011 to be expressly stated. They are not anywhere expressly stated. You do all your business, serious business, except for a few limited exceptions, by majority rule. Thank you. COMMISSIONER HILLER: Can I ask you a couple of questions, please? MR. PETTIT: Certainly. COMMISSIONER HILLER: First of all, thank you for your presentation. With respect to the arbitration, why was there no discussion about the equal-protection issue? I mean, the judge has all this experience. Why did he not identify that there was a very important constitutional question in this proceeding? And with that I ask, can you have arbitration of an issue that affects a large number of people, and in this case, on a constitutional matter? That's my first question. MR. PETTIT: First of all, I don't want to speculate why that issue wasn't brought forward in more detail, to the extent it was brought forward by the county attorney. Second of all, I can't speculate as to the arbitrator's thought process. What I will tell you is, I do not think there is an equal-protection issue here. I think that, as you know, being an attorney, the usual touchstone for equal protection is whether the legislation is rationally based. I don't know anyone in this room would say that the Rural Land Stewardship Overlay Zoning District is not rationally based unless there's an improper classification based on religion or sex or race, and, of course, that doesn't apply. COMMISSIONER HILLER: I think equal protection applies to disparate treatment. MR. PETTIT: Well, I -- we may have to disagree with that, Commissioner Hiller, because absent an impermissible classification, you only have to show a rational basis to support legislation. Secondly, I think it's apples and oranges to compare zoning in the western part of the county to the zoning in the Rural Land Page 102 January 1 1,2011 Stewardship Area. First of all, the Rural Land Stewardship Area zoning was accomplished in 2003 at the end of a very lengthy collaborative public process. Second of all, the ordinance is highly detailed. It contains all the information you would need to establish an SRA. The third issue is, it creates a unique form of currency. And, in fact, in your Growth Management Plan and in the ordinance, zoning is not really allowed there. The zoning occurred in 2003, and that's what the arbitrator, in fact, found, if you look at Page 5 and 6 of his decision. So we believe that there is no equal-protection issue. The zoning occurred in 2003. And the arbitrator clearly agreed with that position. COMMISSIONER HILLER: Now, the second point you made is with respect to a simple majority being the norm and supermajorities being the exception. We have a state law here, a special law, that provides for a supermajority vote. Are you disregarding preemption? MR. PETTIT: I don't disregard preemption, but I don't think it applies here. Again, from our perspective and from the arbitrator's perspective, the Special Act did not apply. The zoning occurred in 2003. The Special Act applied to the adoption of the zoning overlay. It did not -- does not apply to either the adoption of an SSA or an SRA by resolution. COMMISSIONER HILLER: So does that mean that holds true for all overlay districts throughout the county, that merely the creation of an overlay district is what requires a supermajority vote, and any subsequent land use act within an overlay -- like, let me take for example, you know, Vanderbilt Beach has an overlay. I'm sure the citizens of my district would be very interested to find out that, you know, every subsequent action following the creation of an overlay only requires a simple majority vote and, in the presence of a quorum of three, only two votes. MR. PETTIT: I can't represent to you that I've ever laid the Page 103 January 11,2011 Vanderbilt Beach overlay side by side with the overlay. COMMISSIONER HILLER: But just generally as a -- just creation of an overlay, because that's what we're not talking -- that's what we're talking about. Just simply the creation of an overlay is what you're saying is the zoning act, and that all subsequent acts -- MR. PETTIT: I think you can't take it out of the context of the uniqueness of the Rural Land Stewardship Area. COMMISSIONER HILLER: Why not? MR. PETTIT: Because it is -- it's an exceptional program where these issues were fully vetted, and there was an -- these were the decisions that were made by not only the public, but by the commission ultimately. COMMISSIONER HILLER: Well, the -- MR. PETTIT: Each -- my suspicion is that each zoning overlay is somewhat unique. COMMISSIONER HILLER: But regardless of the uniqueness of the overlay, we're not talking about what the overlay is about. We're talking about the fact that you're saying the creation of an overlay is the zoning act, and any subsequent act with respect to the land beyond the creation of the overlay is not zoning and doesn't require the supermajority pursuant to the Special Act. MR. PETTIT: I don't believe I generalized in that way, Commissioner. My point is that with respect to the particular overlay we have before us, the Rural Land Stewardship Area overlay, that the SRA designation, which is adopted by resolution, not by ordinance, not by a document filed with the Secretary of State, is simply an implementation of the very detailed regulations and processes already voted on by supermajority by this board. COMMISSIONER HILLER: No, I completely understand, but I'm going back to the premise that we're supposed to be working from, and that is that a zoning overlay, or I'm sorry, that an overlay is the zoning action. And it shouldn't make a difference because it goes Page 104 January 11,2011 back -- you say there's no equal-protection issue. So, I mean, whether it's an overlay for Vanderbilt, regardless of what that overlay is or why it's created, the creation of the overlay is the zoning act. Any subsequent acts within that overlay, as you say, should all just be a 3-2 vote. MR. PETTIT: And without having knowledge of the particulars of the Vanderbilt Beach overlay, it's pretty much impossible to answer that question. I don't think you can make those kind of generalizations from one piece of legislation to another. COMMISSIONER HILLER: Well, but if we're talking about no equal-protection issue, that basically, you know, they're all similarly situated and everybody's equally affected, then that would have to be the conclusion; otherwise, we have, you know, disparate treatment. MR. PETTIT: Well, as I said, we may have a fundamental disagreement on what equal protection is, and that sometimes happens between attorneys. As I understand equal protection, once you are not dealing with an impermissible classification based on race or sex or religion, something that is protected under the Constitution, the -- if the legislation can be rationally defended, it is to be upheld. There isn't an equal-protection issue. CHAIRMAN COYLE: Okay. Next speaker? COMMISSIONER HILLER: Thank you. MR. MITCHELL: The next speaker is Marielena Montesino de Stuart, and she'll be followed by Mike Rosen. MS. de STUART: Good afternoon. Ladies and gentlemen, Commissioners, my name is Marielena Montesino de Stuart. I am a property owner and resident of Ave Maria. The arbitration hearing held on December 11 and 13,2010, has a fatal flaw. It was a prejudicial act undertaken by some members of the Board of County Commissioners who choose to deal with a select group of favored powerful developers and large landowners in Eastern Page 105 January 11,2011 Collier County. This arbitration process was prejudicial indeed because not everyone affected by this process was notified nor included. In fact, the day before the hearing, Commissioner Hiller wrote me, and I quote, "This matter relates to all residents of Collier County and, therefore, this is a matter unsuited for arbitration." I am a property owner in Ave Maria, as I have said. On November 12, Commissioner Hiller wrote to County Attorney Mr. Jeff Klatzkow asking him that homeowners in Ave Maria be made a party and notified of the arbitration hearing since we would be clearly affected. Mr. Klatzkow responded to Commissioner Hiller on the same day, November 12th, with the following statement. I quote, "Mr. Passidomo, opposing counsel, and I are still in the process of trying to find an appropriate arbitrator. Once that is done, the matter can be scheduled." Nothing ever happened. The matter of notifying homeowners in Ave Maria was never carried out. In fact, when I wrote to Mr. Klatzkow asking for notification and inclusion in the arbitration, he referred the matter to Judge Bell. Judge Bell wrote back saying he wanted the lawyers for Barron Collier Companies and the large landowners to approve my participation as a property owner in Ave Maria. It became a sad and embarrassing example of unfairness working against and depriving many of the landowners in the Rural Land Stewardship Area of their fundamental property rights and due process. Finally, I appeared before Judge Kenneth Bell on December 11 th, and my statement before him took place after much difficulty and after trying for many days to obtain permission to speak as a property owner directly affected by the mockery of justice that was about to take place. When I arrived at these chambers on December 11 th, I was met Page 106 January 11,2011 by a reluctant Judge Bell who tried for several minutes to dissuade me from speaking, even though I had made it very clear that I was prepared to strictly address the narrow issue of the law. CHAIRMAN COYLE: Your time has expired. Could you wrap it up, please. MS. de STUART: Yes. Ladies and gentlemen, the arbitration process that took place inside these chambers on December 11 and 13, 2010, constitutes an illegal act, as well as an embarrassment in Collier County's legal history, an abuse of the rights of property owners and a waste of taxpayer money. CHAIRMAN COYLE: Thank you. MS. de STUART: Thank you. COMMISSIONER HILLER: So if I understand correctly, the attorneys that were here representing the other side of this issue were not here on behalf of the residents of Ave Maria and that there was no representation, legal representation, of the residents of Ave Maria? MS. de STUART: Absolutely. They were not represented-- COMMISSIONER HILLER: That is completely unacceptable. MS. de STUART: -- the property owners. And I had to struggle, truly struggle, to be able to make my statements before Judge Kenneth Bell. COMMISSIONER HILLER: That is unacceptable. MS. de STUART: And then he finally, after several minutes of standing right in front of Chairman Coyle's chair where Judge Bell stood, he then said, "Well, why don't you ask permission of Cheffy and Passidomo and see if they will agree to let you speak and speak with Mr. Klatzkow." So this took several minutes of my struggling to be heard. COMMISSIONER HILLER: So basically you asked to join, and really the people were not represented? MS. de STUART: Right. And this was preceded by many days of emailsbackandforthwithJudgeBell.Mr. Klatzkow, and even Mr. Page 107 January 11,2011 Passidomo emailed me, completely aware of my pleading to be heard and to be made a part of the proceedings. COMMISSIONER HILLER: That is fundamentally unfair. CHAIRMAN COYLE: Thank you. Next speaker? MR. ROSEN: Ready? Good afternoon, Commissioners. Mike Rosen, representing Collier Enterprises. As you know, we have in the pipeline and approved SSAs, 14 and 15, for our town of Big Cypress, as well as our SRA being evolved now. We've met with staff many times in the past, and that will be coming forward in the future sometime. We joined the Rural Land Stewardship Program under the -- with the understanding that there would be an incentive-based program, and it would be equally based with SSAs versus SRAs, the sending and the receiving areas. Based on that, our anticipation was a 3-2 vote. We were pleased to see the Supreme Court Justice Bell opined in the fact that this should be a 3-2 vote, and we would hope that you would uphold that vote. Thank you very much. MR. MITCHELL: The next speaker -- COMMISSIONER HILLER: Mr. Rosen, can I ask you a question? MR. ROSEN: Of course. COMMISSIONER HILLER: In the creation of the SSA, you're going to enter into an agreement with the county; is that correct? MR. ROSEN: We already have. COMMISSIONER HILLER: And does the agreement provide that if you can't sell these, whatever you want to call them -- what do you call them? MR. ROSEN: The SSAs, the credits? COMMISSIONER HILLER: The credits. If you can't sell the credits, can you reverse the transaction? Page 108 January 11,2011 MR. ROSEN: I -- you know, from memory -- and hopefully maybe Attorney Klatzkow could help me out there, because he helped draft that agreement -- I think it spoke about permits and not credits, if I recall. And, Jeff, can you refresh my memory? MR. KLATZKOW: Yeah, because I created the process. MR. ROSEN: Yes. MR. KLATZKOW: Some time ago the question came up, What happens if Big Cypress doesn't get developed? We're creating these SSAs. They'll be worthless if we're not developed. And the whole point of the program is to preserve property. And so I created an escrow agreement where the SSA documents are held in escrow to allow sufficient time for the Big Cypress development to come in. That agreement was taken to the board on executive summary asking, is this the approach the board wants to take, and the board agreed with that approach. So that the last, I don't know, two years worth of SSAs are being held in escrow. The economy's changed, and we had to adjust the procedure. MR. ROSEN: I think, Commissioner Hiller, to answer your question, the fear that we as landowners had during the SSA program, and we asked Attorney Klatzkow to help us draft this agreement, was on the federal side, if there was an issue where we couldn't get federal permits -- which the county doesn't control, but yet we had already put land, 10,000 acres, under conservation easement, which was irrevocable -- we lost 10,000 acres. So that's where the escrow agreement came from. COMMISSIONER HILLER: So basically these are not easements into perpetuity, these are not conservation easements in perpetuity, and you basically have a contract which is reversible at your option if the program doesn't financially benefit you? MR. ROSEN: No, I think it's a five-year limit. I believe after Page 109 January 11,2011 five years we either have to -- we have to -- the easements then go into place after five years if we don't voluntarily pull them. COMMISSIONER HILLER: So you have a five-year period during which time you can eliminate those easements? MR. ROSEN: Yeah, if we don't -- if we don't get our permits, yes. COMMISSIONER HILLER: And then after those five years, those easements are recorded and they're easements in perpetuity? MR. ROSEN: I believe that's correct. COMMISSIONER HILLER: Is that correct? MR. KLATZKOW: They can pull them. If Big Cypress doesn't come through, they can, in essence, end the SSA. COMMISSIONER HILLER: After the five-year period? MR. KLATZKOW: Yeah. The SSA was conditioned upon the SRA being developed. COMMISSIONER HILLER: So that doesn't match what Mike just said, because -- MR. KLATZKOW: Well, he's relying on memory. I just -- COMMISSIONER HILLER: Okay. So we know-- MR. KLATZKOW: As am I, by the way. COMMISSIONER HILLER: So if -- there is no five-year limit. So at any point in time in the future if this doesn't work beyond five years even, you can just reverse the whole transaction on the SSA side? MR. ROSEN: I don't think so. I was under the impression-- and, again, I don't have the document in front of me. It was a multi-page document which we did, I think, two years ago -- that the escrow agreement was based on permitting. And at the end of the five years, if we didn't get all the permits we wanted or needed, I should say, not wanted, but needed, then we could voluntarily pull our land out of the escrow agreement. But I thought that it said -- and again, I'm going two years back -- Page 110 January 11,2011 if we got to the five-year point, they automatically went into the easement -- into the conservation-easement stage, and it was irreversible, I thought, at that point. COMMISSIONER HILLER: So they'd become easements into perpetuity? MR. ROSEN: I believe that's correct, but again, I'd have to rely on reading it again after two years. MR. KLA TZKOW: I can pull it. I'll just pull it. You know, it's going to take me five or ten minutes. MR. ROSEN: That's fine with me. COMMISSIONER HILLER: I think that's a very, very important issue, because if you have -- and this goes to the point that I made earlier -- these are vastly different acts. What you really have here with respect to the SSA is a contract. It's a contract agreement. It's not a zoning agreement. It's the creation of an easement pursuant to a contract, which is between the Board of County Commissioners and the landowner and is subject to reversal. It's subject to amendment. It's subject to revision. And it, by no means, constitutes a zoning act, and that is the fundamental difference between this and what is going on with the question that is being arbitrated. MR. ROSEN: You know, you could be right; however, I'm -- I don't have the legal background to joust with you. COMMISSIONER HILLER: Right. MR. ROSEN: It was my interpretation that since the -- inside the agreement was a conservation easement which changed the status of your land, then you were, in fact, changing the zoning of your land. COMMISSIONER HILLER: No. It's an easement. MR. ROSEN: That's my thought. COMMISSIONER HILLER: It's an easement. Just like, you know, you have a utility easement, you have conservation easements. That doesn't change the zoning of your land. Every time that an Page 11 I January 11,2011 easement is placed on your land, then it would constitute a zoning action, and we would be overworked. MR. ROSEN: Okay. COMMISSIONER HILLER: Do you have the answer? MR. KLATZKOW: We're getting it, ma'am. It's going to take, like, five minutes. COMMISSIONER HILLER: That's fine. Well, I'll just bring it -- when you bring that -- MR. KLATZKOW: Somebody's running upstairs now to get it. COMMISSIONER HILLER: Okay. I'll just readdress that when it comes back to us. MR. ROSEN: Thank you. CHAIRMAN COYLE: Next speaker? MR. MITCHELL: The next speaker will be Russell Priddy, and he'll be followed by Nancy Payton. MR. PRIDDY: Good afternoon, Commissioners. I'm Russell Priddy, and I'm here today representing myself, my wife, and my two children. Three versus four is not about Jackson Labs, but the integrity of a program that provides significant public benefits to county residents by protecting natural resources at no cost to the taxpayers, in turn, for the predictability and reliability of a program to utilize the credits that resulted from creating the Natural Resource Protection. When I last had the opportunity to speak before you in November, you decided to have an arbitrator decide a matter oflaw, not staff opinion, not your opinion, not the public opinion, and not my opinion, but a matter of law. Your attorney and my attorney jointly selected the arbitrator. After two days of testimony, he decided what the majority of you and the landowners believed to be true. I ask you to honor the decision of the arbitrator and preserve the integrity of the RLSA program. Thank you. Page 112 January 11,2011 MS. PAYTON: Good afternoon. Nancy Payton, representing the Florida Wildlife Federation. I want to remind commissioners that the Rural Land Stewardship Area program came into effect as a result of a settlement of litigation by the Florida Department of Community Affairs, Florida Wildlife Federation, and Collier County Audubon Society. And the Florida Department of Community Affairs had found that Collier County was not properly protecting its environmental resources, its wetland, wildlife, and wildlife habitat, and had to find a different way, a creative way, an innovative way, a community-based supported way of protecting the environmentally sensitive lands in Eastern Collier County. The old way of doing it was not working for protecting large tracts of environmental lands. The federation participated in good faith in the nonbinding arbitration that took place last month, which was directed by the commission and agreed to by the Eastern Collier Property Owners. It was two days. There's an II-day, well-thought-out opinion by a former Supreme Court judge. We ask you to move forward, to adopt the arbitrator's decision that a simple majority is needed to establish or amend a Stewardship Receiving Area, making it consistent with the procedure, simple majority for establishing a stewardship sending lands. Please adopt and let's move forward. Thank you. COMMISSIONER HILLER: Nancy, can I ask you a question related to what Mike Rosen just addressed. If these conservation easements are not into perpetuity, how are we achieving the objective of what was intended by that settlement? Because it seems to me that is not happening. And I would think, from your perspective, you would be very concerned. MS. PAYTON: Well, there are a number of stewardship sending areas that are in permanent stewardship statutes. The ones in the last two years are the ones that have the revocable clause. And my Page 113 January 11,2011 understanding as a nonlawyer of the revocable charge, that there's a five-year window from the day that they were established, that the landowner has to decide whether he's going to use those credits, bank those credits, or sell those credits. At the end of the five-year period, he has the option, ifhe hasn't found a use or a buyer for those credits, that it can be revoked, that it does not become a permanent easement. COMMISSIONER HILLER: So in affect what's happened to these earlier contracts which were established that created the -- these easements into perpetuity where they are unable to sell their credits, they basically have given up their rights for nothing? MS. P A YTO N: At this point, and that was one of the reasons why -- to address a revocable, within a certain time frame, easement, because there was the issue of the Half Circle L Ranch, and that it was a question of concern about having the ability to find a buyer or enter into some -- a user of those credits. I have not read those easements lately, so I leave it to the attorney to tell us what it specifically says, and I hope it clarifies that, yes, it -- it's five years. Am I done? CHAIRMAN COYLE: Nancy? MS. PAYTON: Yes. CHAIRMAN COYLE: How many acres are currently permanently preserved? MS. PAYTON: I don't immediately have that answer. But when we talk about the protection out there, it's roughly 50,000 acres. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: But other than just a few, all subject to reversal? MS. PAYTON: No, a few subject to reversal. COMMISSIONER HILLER: The majority are perpetual easements? MS. PAYTON: We could get up the map that the county has on Page 114 January 11,2011 their RLSA website and look and confirm which ones are permanent and which ones are the revocable. COMMISSIONER HILLER: Can you help us with -- can you interpret what you've put before us and explain to us what this is, Jeff? MR. KLATZKOW: Yeah. It's -- we gave them five years to get the necessary permits and everything else done; otherwise, the escrow agreement terminates. And so this agreement would have been November 18,2008. COMMISSIONER HILLER: So after five years -- MR. KLATZKOW: It goes dead. COMMISSIONER HILLER: If -- basically it reverts back, and there is no easement on the property? MR. KLATZKOW: Yes. COMMISSIONER HILLER: So that's contrary to what your understanding of the situation is? I mean, basically there is no -- MS. PAYTON: No. It's totally consistent with what I said. MR. KLATZKOW: We're talking two sides of the same coin. I mean, we created it so that -- we wanted -- we wanted to incentivize the property owners to create SSAs, but they weren't going to do that if they didn't know they could get the receivingship areas done. COMMISSIONER HILLER: Right. MR. KLATZKOW: Okay. But they had to get the SSAs done before they could work on the SRAs, because they had to get the developmental rights. COMMISSIONER HILLER: Right. MR. KLATZKOW: And so what we said is, an incentive for you to put on the SSA is, if you can't get the SRA done, we'll free up the SSA for you, because there's no purpose for the SSA if you can't get the SRA. And I'm sorry I'm talking in acronyms, but -- COMMISSIONER HILLER: No, I completely understand exactly what the issue is. And then we have a few people who, right from the get-go, were forced into perpetual easements, and now they Page 115 January 11,2011 have these credits they can't sell because there's no market for them. MR. KLATZKOW: Yeah, and I thought that was unfair. COMMISSIONER HILLER: It's completely unfair. But this also suggests that this program basically unwinds if these contracts are not sellable. MR. KLATZKOW: Not that the program unwinds. It's the economy changed. COMMISSIONER HILLER: No, I understand. MR. KLATZKOW: And when Big Cypress comes in, there will be SSAs available in order to develop it. At that point in time, these things will either be redone or they'll go hard. If Big Cypress never comes in, if there is never another receivership area coming in, then you will not get any more SSAs out there because the program simply is not working as envisioned. COMMISSIONER HILLER: Yep. So the 50,000 acres are really at risk? MR. KLATZKOW: I don't-- COMMISSIONER HILLER: Because if Big Cypress doesn't develop -- would Big Cypress absorb all 50,000 -- you know, the credits attributable to those 50,000 -- MR. KLATZKOW: Oh, I don't know how many. COMMISSIONER HILLER: Or what -- do you know what -- MS. PAYTON: Some of those acres have been used to-- COMMISSIONER HILLER: For Ave Maria. MR. KLATZKOW: Ave Maria. COMMISSIONER HILLER: Right. MS. PAYTON: For Ave Maria. COMMISSIONER HILLER: So those are secured. Those are in perpetuity. But the balance are not? MS. PAYTON: No. I would not say the balance. I think you need to look at the map to educate yourself on which ones. And I can't pull it out of my memory, but it is available on the county Page 116 January 11,2011 website, and it very clearly, last time I looked, identified those that are revocable and those that are permanent. COMMISSIONER HILLER: Well, it would just seem to me, based on that, that the characterization of the SSA is very, very different than an SRA. And the fact that the document was silent as to the vote on the SRA and explicit on the SSA is for an obvious reason. The established law with respect to the SRA was already stated as it applies to the whole county with respect to such zoning matters. And while I understand the owners of the SSA would like to see an easier voting threshold with respect to the SRAs, you know, they are no different than all the other -- or I should say the SRA applicants are no different than all the other zoning applicants in the county and should be subject to the same laws. The owners of the SSAs are fully protected with this provision in there that allows them to not be bound if they can't sell their credits. They're fully protected in this business transaction. CHAIRMAN COYLE: Okay. Next speaker? MR. MITCHELL: The next speaker is Duane Billington, and he'll be followed by Brad Cornell. MR. BILLINGTON: For the record, my name is Duane Billington. It's been clearly stated that the arbitrator's recommendation is not binding. It does not have the force of law. Our Collier County attorney explained to the landowners well over three months ago that there's a legal remedy through the courts to revolve this. Instead, Commissioner Coyle and Coletta supported a motion by Commissioner Fiala to go to arbitration. This was and is a circumvention of existing law to benefit a group of rural lands receiving area developers. Currently zoning variances are determined by a supermajority vote. This has resulted in a relatively -- relatively well-thought-out community with a quality ambience for over 350,000 residents. Page 117 January 11,2011 A supermajority requirement would extend that same opportunity to the 300,000 plus. Think of that, 300 plus -- thousand-plus future residents projected for the receiving area. Change this and you could destroy not only part of that ambiance but certainly abandons the residents at Ave Maria to the whims of the Barron Collier Corporation. The special act that created Ave Maria allows the developers to have control of local decision making that affects the pocketbook and quality of life of the residents until a majority of the property is sold to others. This could take decades. The citizens' only protection is the supermajority vote on zoning changes. You have a decision to make. Decide if it is your duty to protect the present and future residents of Collier County or help fatten the wallets of the developers and future -- and further indenture the residents of Ave Maria. CHAIRMAN COYLE: Thank you. MR. BILLINGTON: Any questions? CHAIRMAN COYLE: Next speaker? MR. MITCHELL: The next speaker is Brad Cornell, and he'll be followed by the last speaker, who will be Nicole Ryan. MR. CORNELL: Good afternoon, Commissioners. I'm Brad Cornell, and I'm here on behalf of Collier County Audubon Society. And I appreciate the opportunity to address you on this, which is a very important question. I want to first point out that this question is not about Jackson Labs and that Collier County Audubon Society has no position on Jackson Labs. This is a much more important question. And I'm glad to hear you debating this this afternoon. This is not just a landowner issue. It is a environmental issue. The original -- as Nancy Payton pointed out to you, the original final order from the governor and cabinet back in 1999 required Collier Page 118 January 11,2011 County to better protect 300,000 acres of rural resources. The chosen method was an intentive-based Rural Land Stewardship Program, and that program was innovative and different, completely different from the way land use planning and entitlement had been done previously, and that was by design. We needed something different because it was a long intractable fight that we were in and out of court for a long time. This was a way to figure out how to benefit the citizens of Collier County, the resources of Collier County, and the landowners in this particular area. Its adoption was the high bar back in 2003. And any further supermajority requirement serves to disincentivize implementation of that Rural Land Stewardship Program and the vital and effective resource protections in Eastern Collier County that it implements. That's why Collier County Audubon Society supports the whole Rural Land Stewardship Program, including the incentivized SRAs. The zoning action was accomplished with the overlay. We believe that that was a very specific and arduous planning process that determined where we would put or where would be appropriate to put future developments and where we need to have, we must have, resources protected, and that's the way that plan works out, and we support that. Thank you. MR. MITCHELL: Your final speaker is Nicole Ryan. MS. RYAN: Good afternoon. For the record, Nicole Ryan, here on behalf of the Conservancy of Southwest Florida. As you may be aware, the Conservancy did participate in the arbitration hearing, and we spoke in favor of a supermajority being required for SRA designation and adoption and amendment. And as one of the members of the initial RLSA Citizens' Oversight Committee, our organization was involved in providing input on both the overarching concepts of the RLSA program and also on the specific detail policies of the program. One of our specific comments back in 2002 was concern over the Page 119 January 11,2011 lack of specificity as to where new towns would be located. It was and still is the Conservancy's opinion that the intent of the RLSA is to protect natural resources, not only through designation of Stewardship Sending Areas, but also through appropriate locational siting of the Stewardship Sending Areas. We were assured that such specific review would come in the future when applications for new towns were submitted through the DRI review and also through the SRA review and approval process, which was akin to a PUD. The importance of this is not only to ensure an appropriate Stewardship Receiving Area design internal to the receiving area, but also to ensure that Stewardship Sending Areas are located and designed in a manner that will maintain the integrity and continued viability of natural resources in adjacent and surrounding areas which include Stewardship Sending Areas. The RLSA program anticipates at least 45,000 acres of SRAs could be developed throughout the life of the program with SRAs ranging from several hundred acres in size to 5,000-plus acres. These SRAs are, by design, intensive land uses created to be compact and sustainable but also acknowledged to be urban forms of development in an area that is primarily rural. While the population within the RLSA today is minimal as compared to the total population countywide, it is anticipated that with current and future SRAs being approved and brought online, the population is going to increase significantly. When that happens, changes made within SRAs and the designation of new SRAs are going to impact communities, and these residents deserve the same level of tough scrutiny and protection provided by the rezoning process, including that supermajority vote. It's the Conservancy's belief that if a project is good for the community, there should be no trouble in obtaining the necessary four votes that it would take to achieve that rezoning supermajority Page 120 January 11,2011 approval. As you're aware, the arbitrator's decision is nonbinding, and the Conservancy asks that you carefully consider how your decision of SRA designations being simple or supermajority will affect our community and our environment within the 40,000-plus acres of RLSA lands that are yet to be proposed for intensification of land use. And I did want to finish by reiterating what Commissioner Hiller brought up, the fact that we're not really debating four out of five votes and three out of five votes. If we're talking simple majority, that could be a two vote if you only have three commissioners present. We don't believe that's a high enough standard of scrutiny. Thank you. COMMISSIONER HILLER: Nicole, I think you make a very important point, that the creation of this program wasn't only for the -- not only with the intent to protect areas that deserve protection under conservation easements, but also to ensure that the development within the SRAs and the location of those SRAs does not adversely affect the environment and, you know, continue with that goal of conservation; therefore, I cannot see how in the interest of protecting both citizens and the environment when an action taken within the SRA, for example, an amendment like, for example, you increase the concentration of commercial relative to residential in a significant matter, that that would not constitute the requirement for a supermajority vote, just as it would in a PUD anywhere in Collier County. MS. RYAN: And that's -- that's our opinion of the process, because you're correct, if -- you can't just look at setting lands aside and say we're done. You have to take a look and say, ifmy development is located here, how will that impact the lands that we set aside to protect? Will additional roads have to be cut through those lands to get people to and from? It needs to be part of that really bigger review process. Page 121 January 11,2011 COMMISSIONER HILLER: Well, it's no different than with the county as a whole. When we have, you know, lands that are designated residential or commercial or whatever and a PUD decides to be developed on that site, that is a zoning action, and that requires a supermajority vote, doesn't it? MS. RYAN: Correct, yes. COMMISSIONER HILLER: What is the difference? MS. RYAN: Thank you. CHAIRMAN COYLE: That's the last of our speakers? MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Yes. The -- I think the 14th Amendment is clear as to all born natural citizens of the United States of equal protection of life, liberty, and property. I think it's very clear. I never would have set up a different process, and one would have to argue that it's not -- we would have to treat the North Belle Meade overlay the same as the RLSA, the Bayshore/Gateway overlay, the rural fringe overlay, state critical -- critical state overlay, and the NRPA overlays, and some of the subject districts that Commissioner Hiller brought up, such as Henderson Creek overlay, Livingston Road overlay, Corkscrew Island overlay, Orange Blossom overlay and the one that was continued, Davis Boulevard/County Road (sic) commercial subdistrict. I think it's very important, as I was sworn in to protect the U.S. Constitution and the state constitution, that everything should be equal; therefore, until we ask the legislators to change the process of zoning and land use, I'm going to make a motion that we treat the RLSA lands the same as we do others on zoning with a supermajority. COMMISSIONER HILLER: I second that. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: And to do otherwise would be unconsti tuti onal. Page 122 January 11,2011 CHAIRMAN COYLE: We have a motion by Commissioner Henning, second by Commissioner Hiller to -- and I'm going to rephrase what you said, to reject the decision made by the arbitrator, because that's really what we're talking about; is that not true? COMMISSIONER HENNING: (Nods head.) CHAIRMAN COYLE: Okay. Now, I'd like to just make a couple of comments here. The idea that we treat everyone the same is simply not substantiated by law, constitution, or anything else. People are not treated the same. Eighteen-year-olds can't do things that 21-year-olds can do. PUDs can do things that you as a homeowner, independent homeowner, can't do or can't get. We let communities create overlays to suit their specific needs because we have believed in the past that those communities know best what's good for their community, and they have a lot oflatitude in developing overlays. We just approved and -- at least the initial stages, and I think we'll have another meeting on this soon -- an overlay for Immokalee that has entirely different zoning standards than for any other place in Collier County, and there are good reasons for doing that. So this idea that everybody is treated the same is -- simply doesn't exist. Now, let's get to the issue at hand here. I don't see any need to change the current law. I don't see any inappropriate application of the law. Section 11 of the 1967 statute says that a four-fifths majority is required for the change of a zoning ordinance. It doesn't say a zoning action. It says zoning ordinance. And not only that, but in order for a change in the zoning ordinance to be effective, it must then be filed with the Department of State. So the question that the arbitrator was asked to answer was, is an SSA or modification of an SSA a change of a zoning ordinance? And the arbitrator said, no, it's a zoning action; it's not a zoning ordinance. And he goes on to say -- and I'll read just so that you all understand what he was trying to get at. Page 123 January 11,2011 We know from precedent in Collier County that the designation or amendment of an SRA is not deemed to be a zoning ordinance. We know this because zoning ordinances require not only a supermajority vote but must be filed with the Department of State in order to be effective. The sole existing SRA in Collier County, which is Ave Maria SRA, was designated years ago by two separate resolutions, and neither resolution was filed with the Department of State. Moreover, the two resolutions stated that they were adopted after motion, second, and majority vote. This quoted language is not hidden deep within the text of the subject resolutions. Instead it appears within inches and on the same page as the board chairman's signature line as well as the county attorney's signature line approving resolution as to form and legal sufficiency. In sharp contrast, ordinances approving rezones which do, in fact, require a four-fifths board vote for approval contain the following language: Approved with motion, second, and supermajority vote. So the question was a fairly narrow question. Is a designation or amendment of an SRA a change in the zoning ordinance? And the judge has decided that, no, it is not a change in the ordinance. If it's not a change in the ordinance, it's not governed by Section 11 of the 1967 law. Consequently, no change to the law is required. We will continue to have four-fifths majority for zoning ordinance changes throughout Collier County. There will be no unequal protection, and there is simply no evidence other than a desire to defeat a land development petition that was, at least once upon a time, connected with Jackson Labs. Had they not been connected with Jackson Labs, none of this discussion probably would be taking place here. So I think the decision was based on a very specific point of law, and I would not support this current motion. Page 124 January 11,2011 So with that, are there others who want to make comments? Commissioner Coletta, were you next? COMMISSIONER COLETTA: I'm not sure, sir. CHAIRMAN COYLE: Okay. Let's start with you. You've been quiet for a long time. COMMISSIONER COLETTA: That's because it's hard to get a word in edgewise when you're talking. CHAIRMAN COYLE: I know. It's real hard. COMMISSIONER COLETTA: Basically you covered it very well. And the only thing I wanted to add to it is that the verbiage that's being used out there is that there's a difference between the eastern part of the county and the western part of the county. I mean, God help us, I mean, the RLSA is not what I would call the eastern part of the county. It's a small portion of the whole land mass that's out there. So if we're going to use any kind of descriptive phrases, we ought to use that one in the correct context, rather than saying east versus west, trying to get everybody from 951 as some sort of dividing line. We're one county. We're going to solve this issue. CHAIRMAN COYLE: Okay. Commissioner Henning and Hiller, did have you -- COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Do you want to speak again? COMMISSIONER HENNING: Who brought this issue up about not supporting Jackson Lab and the zoning issue and the three-fourths (sic)? Wasn't that the landowners, or was that commissioners? CHAIRMAN COYLE: I don't know what you're talking about. COMMISSIONER HENNING: Well, your comment about the -- this all stemmed from the non-supporters of Jackson Labs and the zoning action. CHAIRMAN COYLE: Okay. Are you saying my observation is not correct? Page 125 January 11,2011 COMMISSIONER HENNING: No. Who is -- who are you referring to? CHAIRMAN COYLE: Well, do you know anybody here who is opposed to this who wasn't also opposed to Jackson Labs? I can't-- Nicole is probably the only one. All of the others are clearly and strongly opposed to Jackson Labs, and they will be clearly and strongly opposed to this land development petition. And it would never have come up, in my opinion, had it not been connected with Jackson Labs. COMMISSIONER HENNING: Thank you for your clarification, even though I don't agree with it. But I just wanted you to clarify it. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. Jeff, was the RLSA created by ordinance? MR. KLATZKOW: The RLSA ordinance, yes. COMMISSIONER HILLER: Thank you. Section 11 of the 1967 Special Act, as amended, provides as follows: Supplementing and amending the zoning ordinance. The governing body may from time to time amend or supplement the regulations in districts fixed by any zoning ordinance adopted pursuant to this act. Proposed changes may be suggested, blah, blah, blah, blah, and it goes on and on. Essentially what they're saying is that any resolution -- the zoning ordinance and any resolution or -- should there be any -- let me restate that. Ifthere is the desire to amend or supplement regulations pursuant to an ordinance, it's a four-fifths vote. That's my understanding. CHAIRMAN COYLE: That wasn't the judge's understanding. COMMISSIONER HILLER: Well, I mean, I'm reading it right here. CHAIRMAN COYLE: Okay. First Commissioner Fiala? Page 126 January 11,2011 COMMISSIONER COLETTA: Possibly we want to take a break about now? CHAIRMAN COYLE: Two commissioners-- COMMISSIONER HILLER: It is -- this is -- and I'm just going to refer everyone to -- I mean, it seems to me -- CHAIRMAN COYLE: Well, it's Commissioner Henning's -- okay. He's back now. So I'm going to call the question. There's a motion on the table by Commissioner Henning, seconded by Commissioner Hiller, to refuse to accept the arbitrator's recommendations. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: It -- motion fails with Coletta, Coyle, and Fiala dissenting. I will make a motion that we approve the arbitrator's recommendations. Is there a second? COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Seconded by Commissioner Fiala. Is there a discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: It passes -- all opposed, by like sign, aye? Page 127 January 11,2011 COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay. You need to say aye. COMMISSIONER HENNING: Okay, 3-3. CHAIRMAN COYLE: No, 3-3. That's a tie vote. You want to do it again? Okay. The motion to accept the arbitrator's decision is approved with Commissioner Henning and Commissioner Hiller dissenting. Take us to the next item of business. You want to break; that's it. You don't want to break? Okay. That's right. We'll go for another 30 minutes. Item #10A SEEKING AUTHORITY TO ACQUIRE BY GIFT OR PURCHASE THOSE PERPETUAL AND TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF STORMW A TER IMPROVEMENTS FOR OUTFALL #3 AND #4 SEGMENTS OF THE LEL Y AREA STORMW A TER IMPROVEMENT PROJECT. (PROJECT NO. 51101.)- DISCUSSED; NO ACTION TAKEN MR. OCHS: That takes us to Item lOon your agenda, Commissioners, county manager's report. lOA is a recommendation to adopt a resolution seeking authority to acquire by gift or purchase those perpetual and temporary easement interests necessary for the construction of stormwater improvements for the Outfall Number 3 and 4 segments of the Lely Area Stormwater Improvement Project. Jay Ahmad, your Director of Transportation Engineering and Construction Management, will present. COMMISSIONER FIALA: Motion to approve. Page 128 ,.....__""_.,.__,,.,cu' _ 0" .~_"-..-....",__'_' January 11,2011 CHAIRMAN COYLE: Motion to approve by Commissioner Fiala. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: There's a second by Commissioner Coletta. And there are questions by Commissioner Henning. COMMISSIONER HENNING: Do you need to get anything on the record? MR. AHMAD: No, sir. I have a presentation, if you wish, I could present to you. COMMISSIONER HENNING: I have -- the question I have is, there are -- there are two easements, outfall easements, that you're seeking. How wide are these easements? MR. AHMAD: Let me put something on display for -- for the record, Mr. Chairman, I'm Jay Ahmad, your director of Transportation Engineering. On the display there's a typical section for Outfall 3, and it shows 60 foot of existing easement, and all we need is approximately 10 feet, 10 to 15 feet, on the south side of that outfall. COMMISSIONER HENNING: So you're acquiring 10 foot? We already have -- MR. AHMAD: It varies. As can you see, it varies between 10 to 15 feet. And I -- let me just -- yeah. If I can switch to the other display. The Outfall 3 as shown on the display there, the area in green is pretty much the existing easement, which is approximately 60 feet, and on the south side, as you can see, the yellow line is about 10 feet. It varies in some areas, 10 to 15 feet, but average of about 10 feet. COMMISSIONER HENNING: How do you come to the -- I guess it would be an estimate -- of requiring just an easement of 10 foot, approximately 10 foot on these two streets? MR. AHMAD: The next display I have is maybe answering that question. You could see the parcels, and the numbers indicate the Page 129 January 11, 2011 parcels we need for this project. Weare about 60 percent design in this -- on this project, and we do have survey and engineering drawings of this canal. As you saw earlier, there was a cross-section. It is based on those design engineering plans that we have that we know we need those easements. COMMISSIONER HENNING: No. The price of those easements. MR. AHMAD: Oh, the price. It's -- your staff, Kevin Hendricks, my Property Acquisition Manager, and his appraisal (sic), Harry Henderson, they estimate these parcels based on market value. COMMISSIONER HENNING: Okay. MR. AHMAD: Sure. If you wish, the other question that you had is the other easement, the other outfall, and I don't think I answered your question on that one. This is a part of engineering drawings I was mentioning, and the area in green is the existing easement. The area in -- COMMISSIONER HENNING: Pink? MR. AHMAD: Yeah. The display on your visualizer shows three areas of colors. The area in green is the existing 30-foot easement. That's the drainage easement that exists by plat. Throughout the life of LASIP, there have been purchases, existing 60- foot purchased in prior years, and the pink area shows the area that we need. So it's not quite as easy or as clean as the other one with 10 feet. It varies from -- you could see, along the project, from different areas. COMMISSIONER FIALA: So what's the purple? MR. AHMAD: That's the area -- the purple is the -- proposed for drainage easements that we need, and it's part of your item this afternoon. For the outfall, the -- what you have before you is an item to approve the -- to approve a resolution to allow staff to negotiate with those property owners in that color, that purple, for the LASIP Page 130 January 11,2011 project. CHAIRMAN COYLE: Jay, would you go back to that aerial photo, please. MR. AHMAD: Certainly. CHAIRMAN COYLE: Now, I know that these lines are not precise, but it looks to me like you are taking some structures, at least on the Outfall Number 4. I'm just wondering how much that increases the cost of this and if there is a less-expensive way to get this job done. MR. AHMAD: Sir, those are not -- there are structures -- there're encroachment structures, sheds, and some outparc- -- structures out there. The engineers were directed to make sure that we minimize the costs of right-of-way acquisition. And as you can see, they have taken parcels on the north and on the south side for Outfall 4 to address that issue. They didn't just go on one side of the canal as opposed -- on one side or the other. In this area where the structures are, they've actually gone on both sides to minimize impact. CHAIRMAN COYLE: It's still not clear to me. But when you say that these are encroaching structures, are you telling me they encroach into current setbacks or easements? MR. AHMAD: No, sir. I don't know the answer to that. What I'm saying, there are structures almost to the rear lot line, if you will, of that parcel. They are not the primary residences of -- that's what I meant. CHAIRMAN COYLE: Are they set back the appropriate distance from the lot lines? MR. AHMAD: I don't know the answer now, but that's something we are looking into if -- when we are negotiating with them, if they are legal structures or not, and that would affect the value of those. CHAIRMAN COYLE: Okay. Tell me why you need to take Page 131 January 11,2011 more land on the north side for this outfall but only for a small portion of it, or let's say a third of the total length. MR. AHMAD: The primary reason is the canal exists, and all we're doing is widening. And you can see toward the left of your screen, if you will, that portion of the canal does exist. And so we're keeping the alignment to minimize the cost where the canal exists today, and we're just making it wider where we can and not changing completely the alignment of that canal, but accommodating the product within the alignment of the existing canal. CHAIRMAN COYLE: It's still not answering my question, Jay. You have a yellow line which shows the proposed easement for the south side of that outfall, and then you have a yellow line on the north side of that that is just for roughly a third, or maybe a little more than a third of the distance of the outfall. Why is that? MR. AHMAD: Maybe I'll go back to the other display which explains that a bit better, I think. CHAIRMAN COYLE: Okay. MR. AHMAD: The one you see here is the little area on the north side of the canal, and you can see the majority of the -- the majority of the take is on the south side to avoid those impacts to the properties, and essentially it's to keep the canal in the existing -- the green is the alignment pretty much where the existing canal is and without moving the canal to the south and taking advantage of addressing it on the south side. And I think the other explains it a bit better. Let me see if I -- it's __ the majority is for a roadway actually for not -- for a service to maintain this canal. There is -- there's a proposed -- a roadway on the __ the canal on the south side, so it's just to develop that cross-slope back. You know, the canal-- the canal has three-to-one slopes, and essentially to regrade that slope, a lot of the north side taking is -- for re-grading of that -- the shape of the canal. CHAIRMAN COYLE: Okay. Page 132 January 11,2011 MR. OCHS: He wants to know why this line doesn't extend in both directions. MR. AHMAD: I'm sorry? MR. OCHS: He wants to know why this line doesn't extend all the way down on both sides; why just in the middle? MR. AHMAD: Right. And it's because of the existing alignment to the canal. I don't know if I'm explaining it best. It is because the existing canal on the west side exists, and we're not shifting the canal to the south. We're simply widening the canal. And all we need is -- to reshape that canal is a three-to-one slope and get back to existing ground. CHAIRMAN COYLE: So -- okay. Let's start with the -- you know, this is getting much more complex than it needs to be. We're talking about Outfall 4, and we take that yellow line segment to the north of Outfall 4. Now, if you need that full distance between that partial yellow line and the yellow line on the south to permit appropriate flow of water -- MR. AHMAD: Right. CHAIRMAN COYLE: -- why don't you need it to the right and to the left of that? MR. AHMAD: It's -- the canal-- I don't know how to explain this a bit better. Maybe, Norman. MR. FEDER: For the record, Norman Feder, Transportation Administrator -- or Growth Management Division Administrator, excuse me. To the right of there, you're a little bit narrower. This is an outfall, and it becomes a bit of a spreader lake, it's a little wider, and therefore the capacity demands. To the left it exists, as you can see there today. So what you're doing is you're taking a canal, which is a little bit narrow, as you see up at 41, it broadens a little bit, and then it Page 133 January 11,2011 broadens out a little bit more to address the full impact of the project. CHAIRMAN COYLE: And then it narrows back down before it dumps into the creek. MR. FEDER: No, not actually, because if you can see there, it's already established in a water body, and that's being utilized as part of the canal. It's a little wider to that left-hand side. CHAIRMAN COYLE: Okay. MR. FEDER: The section right in here -- CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: I'm with you. MR. FEDER: -- is in canal-- COMMISSIONER FIALA: Why don't they just widen it down on the south side of it where there's nobody living -- CHAIRMAN COYLE: Leave it alone. COMMISSIONER FIALA: -- and they won't take anybody's -- CHAIRMAN COYLE: That's right. COMMISSIONER FIALA: Why not just widen it there? CHAIRMAN COYLE: Yep. COMMISSIONER FIALA: It seems to make sense, rather than go in and -- MR. FEDER: Commissioners, let me do this. I know that they evaluated it in the design. But we haven't answered your question today. We'll bring this back to you before we proceed. COMMISSIONER FIALA: Good. I'll withdraw my motion. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Henning, you have a question or comment? COMMISSIONER HENNING: I can -- can you forward me a copy of your PowerPoint, or is that it there? Can I have that? MR. AHMAD: Certainly, yes, sir. You certainly can. And I have it in email format. I can also email it to you. COMMISSIONER HENNING: Oh, I want them both. MR. AHMAD: Okay. Page 134 January 11,2011 COMMISSIONER HENNING: I'm greedy. CHAIRMAN COYLE: Okay. Commissioner Fiala, did you have anything else? COMMISSIONER FIALA: Nope. CHAIRMAN COYLE: Okay. Then take us to the next item. Item # lOC IN SUPPORT OF THE GOLDEN GATE BEAUTIFICATION MSTU, AWARD BID #10-5595 FOR, CORONADO PARKWAY AND HUNTER BLVD. MEDIAN, CURBING AND LANDSCAPE INSTALLATION PART ONE: CURBING TO BONNESS INC. IN THE AMOUNT OF $764,985.16, AND PART TWO: LANDSCAPE & IRRIGATION INST ALLA TION TO HANNULA LANDSCAPE & IRRIGATION INC. IN THE AMOUNT OF $290,879.86- APPROVED MR. OCHS: Next item is 10C. It's in support of the Golden Gate Beautification MSTU. Recommendation to award Bid Number 10-5595 for Coronado Parkway and Hunter Boulevard median, curbing and landscaping, installation part one: Curbing to Bonness, Incorporated, in the amount of $764,985.16; and part two: Landscape and irrigation installation to Hannula Landscape and Irrigation, Inc., in the amount of $290,879.86. Ms. Michelle Arnold will present. CHAIRMAN COYLE: Okay. Whose district, Coletta's or -- COMMISSIONER HENNING: Motion to approve. CHAIRMAN COYLE: Okay. Commissioner Henning has made a motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Seconded by Commissioner Fiala. Any questions by commissioners? Page 135 January 11,2011 (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Wonderful presentation. MS. ARNOLD: Thank you very much. Item #10D PROJECTS AND POLICY PRIORITIES PROPOSED FOR THE COLLIER COUNTY FISCAL YEAR 2012 FEDERAL LEGISLATIVE AGENDA WHICH WILL BE PRESENTED TO THE CONGRESSIONAL DELEGATION AND TO ADVOCATE FOR FEDERAL FUNDING CONSIDERATION AS WELL AS PURSUE ELIGIBLE 2011 GRANTS AND ANY APPLICABLE FEDERAL PROGRAMS THAT BECOME A V AILABLE- APPROVED MR. OCHS: Commissioners, 10D is a recommendation to review and approve the projects and policy priorities proposed for the Collier County fiscal year 2012 federal legislative agenda, which will be presented to the congressional delegation and advocated for federal funding consideration as well as pursuant for eligible 2011 grants and any applicable federal grants that become available. Ms. Debbie Wight, Legislative Affairs Coordinator, will present. Page 136 January 11,2011 MS. WIGHT: Good afternoon, Commissioners. You have before you a list of proposed agenda with nine projects; seven of those are continuing projects, and three of those are proposed projects that are new this year, and one of those should look very familiar. It was on your state -- you approved it as a state legislative priority, and that is the Ochopee EMS and Fire Station on 1-75. You identified it as a critical public safety need, and we're working our state and federal level sources for that. Just to point out a few things. There are the continuing projects, Naples Bay restoration, beach renourishment, Vanderbilt lagoon, and the tri-county water interconnect. Those are four authorized projects in the 2007 Water Resources Development Act. We still haven't gotten the appropriation, and that's why we continue to bring them forward. We dropped off the Emergency Services Center, because that has been adequately funded several years succeeding in past -- on past agendas. We also removed the Immokalee airport from the agenda because that is going to seek funding in the same avenue that the Marco airport, which is through the Federal Aviation Administration. As you recall, in 2010 it received a grant for over $6 million, which is probably one of our largest grants last year, and we were real proud of that success, which was through efforts outside of this program, but still. MR. OCHS: Which project was that? MS. WIGHT: The Marco airport taxiway. And I talked to Mr. Curry, and they are, indeed, going to pursue funding in that same Federal Aviation Administration avenue. Also, the stormwater drainage pipes. Because of too many proj ects in that same account, we've removed that. So I think you're familiar with most of these, although I do have -- the project managers are here if you have questions. Collier Area Page 137 January 11,2011 Transit is new, because that -- you know how successful that is, and we are asking for the federal government for funding to improve the facility at the new -- the Radio Road facility to further develop that. Collier Health Services, we're trying to -- that's also been a very well-received project for the under and -- underinsured and uninsured through the Physicians Led Access Network that now we're in the Senior Friendship Center, and now we have expanded that project to include services for the blind, and so that's where that's going. We're asking for equipment for that. And that's always been very well received. Let me see. Our two main -- the two highest priority projects continue to be 1-75/Everglades Boulevard interchange, as well as 1-75/Collier Boulevard, SR84, Davis Boulevard. I think you probably read -- if you read the executive summary -- and you probably are well aware of the earmark situation. Our lobbyists, the Ferguson Group, has continued to emphasize that even though that is a -- the current climate, political climate, they have had us pursue agencies, National Park Service, Department of Homeland Security, Department -- U.S. Department of Transportation and Federal Highway, et cetera. There are just various other avenues to pursue funding for our projects. And we do, there's no doubt about it, we have the support for our projects of our congressional delegation. Anyway, I'll be quiet and see if you have any questions. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I had one simple question. What is Brookdale Center? MS. WIGHT: That is the name for the center. COMMISSIONER FIALA: Oh, out in Golden Gate? MS. WIGHT: Yes. COMMISSIONER FIALA: The new one that they built? MS. WIGHT: Yes, yes. Marci told me that today. Page 138 January 11,2011 COMMISSIONER FIALA: Oh, okay. Good. I didn't know that. Okay. One of the other parts -- and it didn't say it on here that I saw, but we got a memorandum from Jim Coletta, Commissioner Coletta. And so first of all, I'd like to just take this out of context and say I'd like to make a motion that Jim Coletta be our representative to Washington, D.C. I'm delighted that he's already gotten these offers and-- COMMISSIONER COLETTA: Thank you. COMMISSIONER FIALA: And you've been up there so many times. You know the ropes already, so you would be great for us. COMMISSIONER HENNING: That wasn't publicly advertised. COMMISSIONER COLETTA: I'm sorry? COMMISSIONER FIALA: Oh, okay. Do we have to -- it's -- let's see. When is the trip, Commissioner? COMMISSIONER COLETTA: The trip will take place on February the -- COMMISSIONER HENNING: Is there any way we can handle this under commissioner's comments? CHAIRMAN COYLE: We could, or we could just put it on the agenda next week for that particular thing. But there's no -- there's no requirement that we approve his trip. I mean, he's got a travel budget. He can travel where he wants to go. COMMISSIONER COLETTA: No. You still have to approve it if it's outside the state. CHAIRMAN COYLE: Ah, that's right, that's right. COMMISSIONER COLETTA: Yeah. CHAIRMAN COYLE: Okay. So let's limit the action to the approval trip -- COMMISSIONER COLETTA: That won't work, sir. CHAIRMAN COYLE: What do you mean it won't work? COMMISSIONER COLETTA: Well, if I have to wait till the next meeting -- Page 139 January 11,2011 CHAIRMAN COYLE: No, no, no. I'm saying right now. COMMISSIONER COLETTA: Oh. CHAIRMAN COYLE: Well, wait a minute, wait a minute. There was nothing in this that addressed the approval of Commissioner Coletta to go up to Washington, D.C.? MR. OCHS: No, sir. CHAIRMAN COYLE: Not in this item? MR. OCHS: No. We're simply asking for your endorsement of the 2012 federal legislative agenda. CHAIRMAN COYLE: Okay. Then why don't we do the second part of this under correspondence and communications. COMMISSIONER COLETTA: That will be fine. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Okay. And-- CHAIRMAN COYLE: So. COMMISSIONER FIALA: -- Mr. Klatzkow, that works? MR. KLATZKOW: Yes, ma'am. COMMISSIONER FIALA: Okay, fine. What about, you know, approving his budget and everything; do we have to do that, too, or can we just nominate him to be our representative for Washington during correspondence? MR. KLATZKOW: This board -- it's the pleasure of the board. COMMISSIONER FIALA: Okay. Now, let me ask you this: Why can't we just nominate him now to do this even though it's not part of this, a separate nomination altogether instead of waiting till the end of the meeting? Isn't it six of one, half a dozen of another? MR. KLATZKOW: It's the pleasure of the board, ma'am. It's usually the chairman who would be make this decision. CHAIRMAN COYLE: No. I don't want to do it that way. COMMISSIONER FIALA: Okay. We'll wait. COMMISSIONER COLETTA: That's fine. It does say in here that it would be presented to our congressional delegation for federal Page 140 January 11,2011 funding. It doesn't spell it out. But in order to present it, you have to have somebody carry it. CHAIRMAN COYLE: Yep. COMMISSIONER FIALA: Right, right. CHAIRMAN COYLE: Okay. Under communications we'll take that up, okay. COMMISSIONER FIALA: Okay. Very good then. And I think this was a well-prepared report. Ferguson Group's been a great lobbyist group for us in DCA (sic), and so -- Washington, I'm sorry, airline code. Didn't I slip in an airline code -- for five years, and so I want to approve these. I liked every one of these things. Most of them are ongoing. I don't know that we'll ever get any of them because of all of the elimination of the -- MS. WIGHT: Earmarks. COMMISSIONER FIALA: -- yeah, earmarks. CHAIRMAN COYLE: They're now going to become grants. COMMISSIONER FIALA: Okay. But hopefully we get some of them, because most of these things are very important to our community, so I make a motion to approve this slate of requests. COMMISSIONER COLETTA: I'll be happy to second that. COMMISSIONER FIALA: Good. COMMISSIONER COLETTA: But also comment that we do have a very good legislative delegation up in Washington, D.C. They're very supportive of us here in Collier County. And I'm sure that when they take a look at it -- although I doubt seriously we're going to see everything on the list. I know that they'll take our priorities, especially our high priorities, with great enthusiasm. COMMISSIONER FIALA: And the new guys up there are good friends of yours, from what I know, and so you'll be able to -- be able to talk with him one on one, and I'm sure that they'll go to bat for you. And same with Commissioner Henning, he's had a lot of workings Page 141 January 11,2011 with them as well. COMMISSIONER COLETTA: He has. COMMISSIONER FIALA: So that helps a lot. COMMISSIONER COLETTA: It does. It helps the cultural -- to culture (sic) personal relationships with the elected congressman or senator. COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Okay. Comnlissioner Henning? COMMISSIONER HENNING: Thank you. Getting back to the discussion at hand, okay, even though at a previous item that wasn't advertised, we continued to the next meeting -- but getting to the topic at hand, you were talking about, you know, the earmark process that's not going to happen anymore, and then you talk about different agencies, those agencies applying for -- through those agencies. Now, are you talking about doing grants through those agencies? MS. WIGHT: For instance, currently the Ochopee, the 1-75 and EMS and fire facility, we have -- I'm actually proud to say we have both our state and federal lobbyists working on it. We're working with the National Park Service. We're working with Dan Summers and his staff, as well as myself. We have been communicating with Senator Nelson's office. We've also been -- currently, because of -- I'm trying to answer your questions, but currently -- COMMISSIONER HENNING: Okay. MS. WIGHT: I am getting to it. Because of the -- because there wasn't an omnibus appropriations bill passed in December, we're still waiting for the FY20 11 appropriations bills. Our lobbyist does not know the disposition of those bills and the congressional guidance of those, which will be -- usually what they do with those is they will be split up and given to the agencies, i.e, the National Park Service, Department of Homeland Security, whatever, and then we will pursue those in whatever -- our Ferguson Group will be watching those, monitoring those, perhaps some will go to TIGER grant. Page 142 January 11,2011 And Commissioner Coletta just had excellent meetings with the Department of Transportation and made great strides in our two transportation projects talking about those safely because these two -- two projects are among five that you-all voted in April of 2009 to be on your transportation reauthorization bill candidates, as you recall, when Congressman Diaz-Balart was here and Connie Mack several years ago or -- well, April 2009. Have I not answered your question? COMMISSIONER HENNING: Are you -- when you go through the agencies, is this some sort of grant or is this a grant when you say, if the appropriations, earmarks go away? MS. WIGHT: Yes. COMMISSIONER HENNING: So it's through grants? MS. WIGHT: Yes. COMMISSIONER HENNING: And those grants are up for everybody to grab? MS. WIGHT: Yes. It's going to be very competitive. COMMISSIONER HENNING: Okay. So it's the same thing that we have done -- Marlene Ford is our grant coordinator. MS. WIGHT: We're going to be working with Marlene. COMMISSIONER HENNING: Okay. So why do we need to go through -- why do we have to have a lobbyist, a staff member -- well, maybe not -- staff member go to Washington, D.C. -- I kind of heard from the county manager that wasn't going to happen -- and a County Commissioner? Why are we lobbying those when it's a process of submitting a grant application and being approved by the agencies, not the legislators, the Congress? MS. WIGHT: Commissioner, I think we still have yet to see how it's all going to flesh out, but I think there's enough work to be done that I think -- I can't speak for Marlene, but I think she's going to welcome the assistance. And I can tell you that the Ferguson Group, in three years we've Page 143 January 11,2011 got -- the return has been $7.5 million. COMMISSIONER HENNING: Please, please, just stay with me. MS. WIGHT: Okay. COMMISSIONER HENNING: And real simple -- it's a simple question, simple answer. MS. WIGHT: Okay. COMMISSIONER HENNING: I'm not trying to get a whole bunch of information, just the answer to my question. MS. WIGHT: Okay. In the -- okay. COMMISSIONER HENNING: I'll ask a different question. MS. WIGHT: Okay. COMMISSIONER HENNING: Is there going to be any earmarks this coming session? MS. WIGHT: I thought I answered that. There -- no. COMMISSIONER HENNING: No. MS. WIGHT: The House Republicans have said no. COMMISSIONER HENNING: Right. MS. WIGHT: So it will be the second year of a moratorium. COMMISSIONER HENNING: Correct. MS. WIGHT: And there are -- COMMISSIONER HENNING: So all we'll have is the ability to apply for grants to agencies like we have historically done. So I'm not sure why we need, again, Commissioners, a lobbyist, a staff member go to Washington, D.C., or a County Commissioner. We just apply for the grants. MS. WIGHT: If -- if I may? CHAIRMAN COYLE: Can we answer that latter question about commissioners during our correspondence period, since -- COMMISSIONER HENNING: Okay. I'll remove that from my comment. CHAIRMAN COYLE: Okay. Page 144 January 11,2011 COMMISSIONER COLETTA: They're all interlinked. CHAIRMAN COYLE: Well, but they're different things than the subject of this item. MS. WIGHT: Okay. In may? The TIGER grant, which we did not get any -- any success -- we had no success with, and we've applied twice, when you meet with the DOT and the agencies and you get the support of your members and you have them communicating, writing letters -- Congressman Connie Mack, Congressman David Rivera, they will write letters, they will make calls. We already know they support our projects. Congressman Mario Diaz-Balart, who is no longer in our district, we picked up the phone and called him and he was here a couple of months ago for the Everglades/I-75 interchange and promised that he will continue to support our efforts. It's a little bit different, our approach and their ability -- they're a way of helping us. And one other point I want to make, it's cyclic in D.C. This earmark situation, our lobbyist doesn't believe it's going to last, because the people, especially in the Senate that support it, don't believe it's going to last, because peo- -- the members want to bring things home to their local governments. We haven't all had -- all of them haven't had bad projects or bad -- they haven't brought back and had bad press from the things they've done in their home governments. So I mean, there -- we -- I'm proud of everything we've brought back. And I think that those Senators and those Congressmen are not going to be satisfied with a moratorium on earmarks forever. Yes, maybe there should be earmark reform, but to do away with the lobbyist and then go through and find another one? They do a -- COMMISSIONER HENNING: Thanks, Norman. MS. WIGHT: Okay. CHAIRMAN COYLE: Okay. Commissioner Hiller was next, I believe. COMMISSIONER HILLER: I have a similar question. I mean, Page 145 January 11,2011 I really don't understand. We're hiring a lobbyist to supplement what our federal representatives are already supposed to do for us. So we're already compounding our representation at that level. Now, on top of that, we're going to add staff to that? I mean, I really don't understand. We're -- you know, we're in very difficult economic times. I don't see where the value add is, and I question the expenditure of public funds to triple the lobby, if you will, when we know exactly what the situation is. There are no earmarks available. You've made that abundantly clear. We're applying for grants where there is -- there should not be political influence but rather it should be based on -- you know, it should be need based and merit based, depending on what the grant is about. So I just really find that it's an inappropriate expenditure of public funds to be sending staff when we're already spending funds on lobbyists, which I should -- which I also say should not be necessary if we had good federal representation. The one thing I want to be sure of is that with any funding that we get from the federal government, that we are fully made aware of what conditions attach to the county in receiving those funds, to make sure none of the conditions that are attached to those funds, whatever the source, would be conditions that we would find unacceptable. So I, in particular, would like to know any and all conditions that relate to the grant funding, you know, outside of, you know, here's the money to build a road; build a road. So if you could apprise me of that, I would very much appreciate it, and highlight any that you may think might be, you know, negative to the county's interest and direction. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Just to put a couple of things in content. As far as earmarks go, I think it's just a temporary suspension of them. As far as budget items go, it's only half of 1 percent of the budget of these different departments to go actually into Page 146 January 11,2011 earmarks. They're a way that the legislators can reach back to their home base and show them they're doing something, even though they may be smaller appropriations compared to what you have in the transportation budget. It's still away from the response, so don't be so quick to write them off. They could still be there when the time does come. An interesting point. Senator Nelson had come up with a million-dollar earmark for our Everglades interchange project, and that whole thing was based upon the fact that he came down for the Everglades restoration. He insisted that staff drive him to Everglades Boulevard where the interchange was at Everglades and 1-75. And they kept insisting there was no interchange, and he said he could see it on the map and drive him there. No one was going to argue with the senator. So he got down there. He found out there was no interchange, and to say he was a little bit T'd off would probably be putting it mildly, and that's where that million dollars came. So sometimes there's a little humor to this positive outfall. As far as the grants, the TIGER One, TIGER Two grants that took place over the previous two years, and the anticipated TIGER Three grants that are coming up, we -- I believe we have applied, but we have not been successful. Now, the truth of the matter is, do they base everything upon the application that's sent in? No, they don't. There's always external factors that take place that move it forward. The senior policy analyst for transportation, his name is Robert Mariner -- and I talked to him for about an hour in Washington, and he was very receptive of what we're trying to do. We seemed to build up a certain amount of trust and friendship with the gentleman. And he offered that when we came back to Washington to visit with our congressional -- our congressman and our senator, that he would be Page 147 January 11,2011 more than happy to accompany us when we go to those meetings to explain what they have to do at their level to be able to move it forward. So as far as what comes back to us, there's a cause and effect. The more interplay you have with your elected officials, the more the positive results would be. And that's not only here; it's at the state, and we even see it here with the commission, too. COMMISSIONER FIALA: Great. Then I want to help you. COMMISSIONER COLETTA: I need all the help I can get. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Well, I'll probably just bounce off of that then, because that's what I was going to center around. I don't have all of the -- all of the particulars, but if I remember, we never even used to go to Washington or anything, and then Jim Mudd decided to go up there. And when he sawall of the people going in there and bringing money back home, he came back here and he said, "You know what, we're missing this opportunity. We should be doing this." So we then began to try and do this, and then we found that we needed some expertise up there who actually knew what grants were available, what new things were coming onboard, because we were too far away to know what was coming about. And Marlene, bless her sweet heart, she can only do so much. She can't know what all is going on in Washington. So then he said, "We need to have a lobbyist group to go with us," and he insisted on our people going up to work with them, because that made all the difference. And we began to bring millions of dollars into Collier County that we never had before. And so I'm really solidly behind it. They've paid for themselves over and over and over, and it's helped us in situations where we wouldn't have the money. COMMISSIONER COLETTA: And the same at the state level. Page 148 January 11,2011 COMMISSIONER FIALA: Same at the state level. COMMISSIONER COLETTA: We could use all the help we can get at the state level. COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Okay. Do we have a motion to approve this item? COMMISSIONER FIALA: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It passed 4-1 with Commissioner Henning dissenting. COMMISSIONER FIALA: Terri's fingers just fell off. CHAIRMAN COYLE: We've got another 45 minutes to go. No, we're going to take a ten-minute break. We'll be back at 3:13. (A recess was had.) CHAIRMAN COYLE: Ladies and gentlemen, the Board of Commission meeting is back in session. Now, where do we go? Item #10E Page 149 January 11,2011 AN ECONOMIC DEVELOPMENT AGENCY REPORT REQUIRED BY SECTION 125.045, FLORIDA STATUTES AND AUTHORIZE THE COUNTY MANAGER TO SUBMIT A COPY OF THE REPORT TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH - APPROVED MR. OCHS: We go to 10E, sir, that was formerly Item 16F2. It's a recommendation for the board to approve an Economic Development Agency report required by Section 125.045, Florida Statutes, and authorize the county manager to submit a copy of the report to the Office of Economic and Demographic Research. This item was moved from the consent agenda at Commissioner Hiller's request. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Well, the reason I brought this forward is because I actually do read the information that's included in our packet, and especially if it's produced by outsiders and I'm supposed to rely on it and the board is supposed to rely on it for informational and as a result of decision-making purposes. When I started reviewing the numbers in this chart that was submitted in detail, I started having some concerns. And what I'm going to do is I'm going to walk up to the podium so I can put some things on the overhead and address my concerns. So here's the report as submitted by the EDC. Not Page 2, just Page 1. It's very difficult to read, so -- actually, I will take -- I will take the mike. This report basically extrapolates the economic impact generated as a result of the investment in incentive dollars in the various businesses that the EDC held. And the problem that I have with this report is that in these extensions it appears that there is an overweighting that tends to inflate the real economic impact. And let me give you an example why. If you look at the first Page 150 January 11,2011 three line items which describes three different companies or, you know, it's with respect to three different companies, Company one, the projected new job creation was zero. Company two, the projected new job creation was 15. You look at Company three, and the projected new job creation was zero again. And then you go to the average wage column as it relates to these three companies. And the average wage for Company one was 57,000; the average wage for Company two was 24,000 -- and I'm just rounding -- and Company three was 52,000. Now, remember, we have 0 employees, 15,0 employees, and yet we have the average wage being applied to come up with a weighted average of 43,000 based on 57-, 24-,52,000 to those 15 newly created positions. Obviously, when you have such a large weighted average attributed to those 15 new employees, you're going to come up with a very, very large number. So just for fun -- and I didn't even continue because, you know, obviously what that column already has issues with it, you know, going beyond and looking at multipliers really doesn't make any sense, doesn't really have any benefit -- I basically eliminated the salaries. And I'm going to introduce all of these as exhibits so anyone who wants to look closer, you know, is welcome to. It's a little bit difficult with these overheads. You basically, when you eliminate the -- the weighted -- when you eliminate the salaries attributable to those companies who have no new projected jobs and you extrapolate, the direct earnings impact is materially different than what was reported by the EDC. The number I came up with was 5 million -- and again, I'm just going to round -- 200,000. The number the EDC came up with was, sorry, 29,500,000. So basically what you see is that there is clearly a very inflated Page 151 January 11,2011 representation of the economic impact of the investments made and the projected job creation. And that, to me, is very troubling because it makes things look much better than they are. And when I as a commissioner am making public policy decision, I need to know what really is going on. So that's the first issue I have. Then another issue that I was really concerned about is, there was one footnote that addressed a company that had not yet reported back, and I was very concerned about that, because when we make an investment in an entity like the EDC, and the EDC turns around and makes investments in these companies, we want to know what process is in place to validate that what we expected these companies to do to benefit economic development in this community has actually occurred. And what I would like to see is, they're supposed to -- the EDC is supposed to be tracking the return on the investments made over a three-year period. I think our Board of County Commissioners needs a three-year look-back report to really see that all the companies that made a commitment to generate jobs or make capital investments or whatever they committed to do, in fact, did. And like I said, I'll turn these in to the -- CHAIRMAN COYLE: Court reporter. COMMISSIONER HILLER: Now, the last issue that I want to make is, in this analysis they are -- the EDC is including existing jobs in their calculations. And there's a problem with that, because an argument cannot be made that investing for the creation of a new job is in some way contributing to the retention of these businesses, and but for the investment, these companies would close down and move elsewhere. That isn't the case. Whenever economic impact is calculated, it's based on the incremental value generated by the investment, not on the total, assuming the existing jobs that are already here. Page 152 January 11,2011 And those are the few comments that I wanted to bring to the table, and I thought they were significant, and that's why I asked to be pulled -- why I asked this to be moved from the consent agenda, and I really look forward to the EDC responding, and I'm going to turn it over to them, and then I'll turn these records into the reporter. CHAIRMAN COYLE: Who wants to respond from EDC? Tammie Nemecek. MS. NEMECEK: Tammie Nemecek, President and CEO ofthe Economic Development Council, Collier County. We'd be happy to sit down with Commissioner Hiller and go over the methodology of these numbers and how they're calculated and work with her on modifying that or looking at multiple ways of showing how the impact of what the EDC is doing here in Collier County. CHAIRMAN COYLE: Do you want to have the public perception at the present time that you have done it incorrectly? MS. NEMECEK: No, the public perception is not "incorrectly". What we show on these reports are the economic impact that these companies have here in the community. We value both existing jobs of the businesses that are here and those people that are employed in those businesses, as well as the new jobs that they're creating. If you notice on the report, two of the companies actually receive financial incentives from the county. The rest of them are programs that we administer through Grow FL, which is a state program called Economic Gardening, workforce training programs where we're training existing employees. There's multitudes of programs on here that -- and for the majority of them, they are factored on focusing on the existing business with the existing jobs in the business and helping make that solid so that they are prepared to create the new jobs down the road and stay here in Collier County. So I would -- I would contend that the majority of our work is Page 153 January 11,2011 focused on actually keeping people here, keeping them open, keeping them thriving and supplemented by the job creation and the new business recruitment activity that we do. I will point out one, Haynes Corporation, that was approved by the Board of County Commissioners that is reported on here. There was an Economic Impact Report that was prepared by Gary Jackson from Florida Gulf Coast University which showed specifically that company was deciding, do we do this here or do this out in California? And because of the incentives provided by the county, the company decided to move those jobs here to Collier County. So a lot of what we do is retention activity, working to get the businesses to expand, as well as new job creation through new companies coming to Collier County. CHAIRMAN COYLE: So is it your contention that the report is properly completed and the figures are accurate? MS. NEMECEK: Absolutely, for the methodology that we use to show how these companies impact Collier County. CHAIRMAN COYLE: Is that methodology standardized in any way as far as other economic development agencies are concerned in Florida -- in the State of Florida? MS. NEMECEK: Correct. There's two things that you want to show. You want to show the impact of the companies that is have-- that are in the community. You also show, for example, the Haynes Corporation Economic Impact Report that Gary did for us that showed, here's the economic impact of the job losses in the community as well as the impact of those new jobs that will be coming to the community. CHAIRMAN COYLE: Okay. All right. Thank you very much. MS. NEMECEK: Thanks. COMMISSIONER HILLER: I would like to -- thank you for your comments, Tammie. I'm going to just add a couple of things. What's interesting to note is, this is the report that was publicly Page 154 January 11, 2011 presented by Lee County for -- I don't know. Everything is so small. Is there any way we can make it bigger? MR. OCHS: Yes. Where do you want to go? Tell me where -- are you trying to get the whole thing? COMMISSIONER HILLER: I guess the visibility isn't very good. But anyway, this report is a summary of job creation details. It's their five-year summary. And I think it would really be beneficial if Collier County Government received the same type of report from the EDC. And what you can see in this report is basically they outlined the demographics, they then categorize the various types of incentives, for example, like industrial revenue bonds and, you know, how many companies, how many direct jobs, so forth was -- were involved. And then there's a summary at the bottom about job creation. And just to put in perspective for you -- and I think these numbers are very, very interesting. In 2009, they dealt with six companies, and the direct jobs created as a result of their involvement with these six companies was 875 new jobs. The indirect jobs created was 1,674. And the total economic impact of investing in those six companies was $345 million. Now, if you look at what comes off of the EDC's report as presented by Tammie for 2010, there were 19 companies invested, 128 direct jobs created, 580 indirect jobs created, for an economic impact of 54 million. Okay. I think that speaks for itself. I don't think there's any further comment required. The only last comment I would make is the statute provides that you, you know, list out the various source of funds, and I know that you have done that and you've, you know, identified that on that back page, but it would really be nice if we could see, you know, a grouping of the sources like Lee County has so we can actually see who's -- you know, it's sort of in line in this format. It's a little bit clearer. Page 155 January 11,2011 Thank you. CHAIRMAN COYLE: Okay. Do we have a motion to approve the report? COMMISSIONER HENNING: Question. CHAIRMAN COYLE: Okay. I'm sorry. Commissioner Henning, go ahead. COMMISSIONER HENNING: Mr. Jackson, in the statutes it says the county shall report economic incentive format specified by the legislative committee of intergovernmental relationships or its successors. Do we have that format? MR. JACKSON: David Jackson, Collier Business Economic Development. Not that I'm aware of, sir. COMMISSIONER HENNING: Okay. MR. JACKSON: The format that I was working off of 1- -- Statute 125, it was the format that was given to us by the Economic Development Research Office, which is -- was filled out by the EDC, and then -- there was no other direction on that. Now, there is a survey that they have, and we have put that survey in, which is an electronic survey which basically just told us -- was a very simple one, do we provide incentives, and approximately how much. COMMISSIONER HENNING: Right. I'm looking at the statutes now. MR. JACKSON: Correct. COMMISSIONER HENNING: And we have a deadline of January 15th. MR. JACKSON: Correct. COMMISSIONER HENNING: But it's supposed to be under a different format. MR. JACKSON: I'm not aware of a format, sir. COMMISSIONER HENNING: Yeah, it's -- I'm not aware of it either. I'm just asking -- obviously it's a format specified by Page 156 January 11,2011 legislative committee interlocal relationships, because they're looking at what Mrs. Hiller brought up as not the -- you know, so much the indirect as, you know, the direct. So I don't know what we -- obviously, we can't do anything this year. MR. JACKSON: Correct. COMMISSIONER HENNING: Can you provide the board members the format, you know, seek out what the legislative committee is looking for? MR. JACKSON: Absolutely. COMMISSIONER HENNING: Thanks. COMMISSIONER HILLER: You know, Commissioner Henning, you were talking about the economic impacts -- and I know, Tammie, you were talking about indirect impacts like, you know, benefiting people through programs and whatnot. But I'm looking at the statute, and they have, you know, obviously the direct financial incentives, but the indirect financial incentives are grants and loans that are provided to businesses and community organizations that provide support to businesses or promote a business or development, and then they have fee-based or tax-based incentives, and then they have below-market-rate leases or deeds for real property. They don't have what you're describing as one of the things that they want included in this report. So I think you need to, you know, eliminate the soft contributions, if you will, and I think they -- this report needs to only include, according to what the statute reads, in'm interpreting what the statute is saying correctly, those -- the impact of those four categories of financial assistance. MS. NEMECEK: I think the statute in particular is looking at what the county government is providing directly to the businesses. But I think there's a component in there that, because of the financial support you provide to economic development in general, that they should be aware of the effect of that. Page 157 January 11,2011 And if you provide that information, it's an opportunity for them to understand that there's a greater impact that Collier County has in a positive way to the business community here in Collier County. So you could separate it out to say, here's the direct financial, here's how it's being supported through all these various programs. But at the end of the day, I think that the county government is having a positive impact on the businesses here in Collier County, and that needs to be known. COMMISSIONER HILLER: I don't disagree that it's a positive impact. The question is is, what is that impact, that that is the whole exercise to quantify what that positive impact is and, you know, whether we're doing enough. And I think this report is nonconforming to what the statute requires. Are you going to resubmit a report that basically separates those companies that have received the type of financial support as described in the statute, and then give us the economic impact number for that and, then you know, separately show us how these other programs are benefiting economic community as a postscript? Because that's not what this report that you presented today does. MS. NEMECEK: So your suggestion is is, the effect of the 400,000 that you provide to the EDC should not be taken into consideration as an impact to the businesses. COMMISSIONER HILLER: Actually, no. That's not true, because that -- the 400,000 -- MS. NEMECEK: Right. COMMISSIONER HILLER: Let's see. No, it definitely should be considered. MS. NEMECEK: And then that report accurately reflects the effect of the $400,000 investment by Collier County. COMMISSIONER HILLER: So do you have an accounting for how that 400,000 was spent to show that went -- only to these things in this report? Page 158 January 11,2011 MS. NEMECEK: It's in our annual report. COMMISSIONER HILLER: Okay. So you have a full accounting of the 400,000 that we did look at? MS. NEMECEK: It's in the annual report. COMMISSIONER HILLER: Do you have a separate report that identifies like contributions that were direct contributions like, you know, direct, indirect incentives, the tax-based incentives, or anything like that? MS. NEMECEK: We don't -- EDC does not have money that we give to the businesses. COMMISSIONER HILLER: Okay. MS. NEMECEK: It's all the county's incentive dollars, which are reported in here as well. COMMISSIONER HILLER: In your report as well? MS. NEMECEK: Uh-huh, yes, ma'am. COMMISSIONER HILLER: Okay. Well, that's what I'm asking. Have you separated what is the county's direct-incentive contributions from the economic impact? And like, for example, the economic impact of 400,000 of the EDC should just be one line item. MS. NEMECEK: It's all included -- it's all included on that spreadsheet that you -- that you were -- that you had up here. It shows exactly what programs they participated in, whether or not it was incentive programs or fast tracking or economic gardening. It's all articulated on that report. COMMISSIONER HILLER: All right. I'll work with you on that. I mean, it's just -- it's just very unclear, as compared to the way Lee presented it. I mean, it's really difficult. MS. NEMECEK: Well, Lee has one program. They provide cash incentives to businesses. That's the only thing that they do at this point in time. So those six companies were as a result of getting cash incentives for expansion. COMMISSIONER HILLER: I'll work with you on that. I look Page 159 January 11,2011 forward to it. Thank you. MS. NEMECEK: Okay. CHAIRMAN COYLE: Tammie? MS. NEMECEK: Yes, sir. CHAIRMAN COYLE: Actually, Mr. Jackson, maybe you're the best person to deal with this issue, but maybe both of you can. How do you deal with tax increment financing assistance for organizations that are newly formed that will be contributing to our economic growth? And let's take those in the triangle area that you recently mentioned. How do you account for those ex- -- tax increment financing expenditures, incentives, and the economic contribution by those organizations? Because you've projected substantial increases in job growth and attracting some other organizations in the pharmaceutical area. So can you tell us briefly how you're accounting for that in this reporting process if, in fact, you really are? MR. JACKSON: Any funds that is used by the TIF grants are not included in any of the EDC work, because that money does not bleed over. It's green and blue money; they don't mix. The CRA is an independent -- or dependent and independent district that is a separate government body, and as such, it's run off TIF and the property values there. Those businesses that are coming into our area, there is one of them, Mr. Thomas, that if they don't engage directly with the EDC and go to the economic gardening program or do not go into the fee payment assistance or job creation program, they're not included in EDC's numbers. Currently the businesses that are locating into the triangle or the warehouse area that I alluded to are basically startup businesses that are bootstrapping it on their own. What they looked for was infrastructure assistance with building improvements. It didn't have Page 160 January 11,2011 anything to do with job creation or impact fees. It was specifically for the infrastructure of the buildings, and that's the only way we can spend our TIF money to help a business at the current time. So those jobs are -- would only be included in the EDC report if they engaged the EDC and talked with them or tried to provide either from one of her programs or from one of the financial assistance programs. CHAIRMAN COYLE: Well, that's just the point I want to make here. We as commissioners are interested in overall economic growth. MS. NEMECEK: Right. CHAIRMAN COYLE: And we really, quite frankly, don't care much whether it goes through EDC or it goes through a CRA. And you miss, we miss a lot of opportunity to demonstrate that economic growth is occurring here when we fail to account for it merely because the money doesn't go through a particular channel. And however you're required to report this stuff, certainly do so in accordance with the requirements. But we would like, I would like to see a composite report of economic growth achievements in Collier County which will not only deal with the things both of you are doing but the things that Penny Phillippi is doing and the things that Chris Curry is doing and planning to do. And if those plans are all -- if most those plans are successful, we will recognize significant economic growth. And that's the kind of thing we're looking for in Collier County. I would doubt that more than five percent of the population in Collier County even knows about Parker Hannifin and Structure Medical and Haynes Corporation -- MS. NEMECEK: Right. CHAIRMAN COYLE: -- and Pelican Wire and all those other organizations that have come here and created businesses and created jobs. Page 161 January 11,2011 So I think we can improve our reporting process so that there's a better understanding of the accomplishments that you are all achieving, okay. COMMISSIONER HILLER: Tammie-- CHAIRMAN COYLE: And with that, I will make a motion to approve -- COMMISSIONER HILLER: I'd like to -- one second. CHAIRMAN COYLE: -- the report as it stands and urge you, if there are any inconsistencies between the information in the report and the requirements of reporting, that we need to get those straightened out, and please report back to us if there are inconsistencies, okay. Is there a second to the motion? COMMISSIONER FIALA: Yes, I'll second. CHAIRMAN COYLE: Okay. A second by Commissioner Fiala. Any further discussion now? COMMISSIONER HILLER: Yes. What I would like to see, you know, so that we can be sure -- I'm sorry. It's my phone again. What I would like to be sure -- can you do something about this phone? Make it go away. CHAIRMAN COYLE: We can do that. COMMISSIONER HILLER: I would love to get rid of it. COMMISSIONER FIALA: Put it in the back room. COMMISSIONER HILLER: Oh, yeah. That's a great idea. The one thing I would like to see to ensure that the report is, as Commissioner Coyle has said, correct, is a copy of the report guidelines -- the statute provides that a county shall report its economic development incentives in the format specified by the legislative committee on intergovernmental relations or its successor entity. If you could provide me a copy of the report guidelines. MS. NEMECEK: Yeah, if there are any, Commissioner Hiller. I know that when this reporting first came out, I was up in -- with an Enterprise Florida meeting, and they were discussing this and talking Page 162 January 11,2011 to all of our partner counsels, all 67 county EDOs, and the person who's responsible for collecting this information created a template, which is the template that you have in front of you, which is what she sent out to every 67 county -- or municipality in order to use as a reporting mechanism. So we will double check with them and make sure that that's accurate prior to sending. COMMISSIONER HILLER: I want the -- I want the report guidelines, in other words, what's supposed to be input in each column, not just the template with the headers, if there is any. MS. NEMECEK: If it's available and they created it, because they did not send it out to the counties from a reporting requirement. COMMISSIONER HILLER: Yeah. If you could ask for it, research and, you know, get back to us on that. The other thing I think is really critical, I think Commissioner's (sic) Coyle suggestion that we have a composite report that includes, you know, all the various agencies that are helping towards economic development be considered. I think that's excellent. Included in that report, I think we need -- I think the commissioners need a monthly report on employment in Collier County. I think we need to know what the unemployment number is, and I think we also need to know how many businesses are failing, okay, either they're closing or going into bankruptcy. Because like I said, one of the issues is retention, not just recruitment. So if we could have a report of, you know, closed business, bankruptcies, and unemployment in Collier County every month from the EDC, I think that would be invaluable. The last thing I would like is if -- you know I asked you to give us a financial report, if you will, of your expenditures of the 400,000. I'd actually like to see that for the whole of the EDC. I'd like to see, you know, how you are spending your total budget on economic development. MS. NEMECEK: We do that in our -- we're required to do that, Page 163 January 11,2011 actually, in our third-quarter report. We report that on an annual basis to the Board of County Commissioners. COMMISSIONER HILLER: Okay. So we'll get that at that point in time, and we'll be able to discuss that? MS. NEMECEK: You can look in our third-quarter report from last year -- COMMISSIONER HILLER: From last year. MS. NEMECEK: -- and see it, and then we'll report third quarter this year. COMMISSIONER HILLER: Super. Thank you so much. MS. NEMECEK: Just a point of clarification, if I might. Dr. Gary Jackson from Florida Gulf Coast University -- Collier County, along with Lee County and Charlotte County, partnered together in order to form, actually, the Regional Economic Research Institute at the university. Gary puts out a monthly report. It's a very good report. We were talking about it today, actually. And if you don't get it on your own-- because it includes all that information you're asking about -- I will forward it to you on a monthly basis so you can see it. COMMISSIONER HILLER: Doctor, I'd like to see it for Collier County -- MS. NEMECEK: He does. COMMISSIONER HILLER: -- not just on a regional basis. MS. NEMECEK: He does. He does -- sorry, go ahead. CHAIRMAN COYLE: He does it both ways. MS. NEMECEK: Yeah. DR. JACKSON: Actually, we don't have business failures in there, but we do have quite a bit. We track the unemployment, what's happening. Actually, we're updating it, and it's a really kind of -- the consensus report shows not only what's happened in Collier, what's happening in Lee, what's happening in our region. COMMISSIONER HILLER: That's great. Page 164 January 11,2011 DR. JACKSON: Because you have to look at it from a regional perspective. COMMISSIONER HILLER: Of course. DR. JACKSON: So hopefully -- and we'd like comments back, and hopefully it's good use to you. COMMISSIONER HILLER: If you could include business failures and closures, I would appreciate it. DR. JACKSON: Yeah. I'll take a look at -- we are looking into that. What we've found is business licenses and so forth. You try and put that -- COMMISSIONER HILLER: And bankruptcies. DR. JACKSON: Yeah. And trying to get that data is a little bit tricky because -- we're prototyping that right now, see if we can do it. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: How would you handle a business that just had an explosion, and although they want to come back into business again -- I mean, they're really out of business, and a lot of people of employees -- I mean, employees are out of work until they can -- you know, I don't know what category you'd even put that under. But, you know -- COMMISSIONER HENNING: Which business? COMMISSIONER FIALA: Pardon me? COMMISSIONER HENNING: What business are you talking about? CHAIRMAN COYLE: Mangrove Cafe. COMMISSIONER FIALA: Mangrove Cafe. COMMISSIONER HENNING: Really? COMMISSIONER FIALA: Blew up yesterday. Yes, gas explosion. COMMISSIONER HENNING: Wow. Propane? MS. NEMECEK: Thank you, Commissioners. Page 165 January 11,2011 CHAIRMAN COYLE: Yeah. COMMISSIONER HENNING: Propane, not sewer. CHAIRMAN COYLE: Hopefully we won't have too many of those. COMMISSIONER FIALA: Boy, I guess. CHAIRMAN COYLE: It was a freak accident. COMMISSIONER FIALA: I kept thinking about all of those people in the prime part of our season, tourist season, with no work now, and they've got families and -- no fault of their own. MS. NEMECEK: Yes. Southwest Florida Works, or what was formerly called Career and Service Center, encourage everybody to go there, because I know we work with them a lot to find employees for businesses, so -- COMMISSIONER FIALA: Great, great. Thank you. CHAIRMAN COYLE: Okay. We have a motion. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Then the motion passes unanimously. County Manager? Item #10F AWARD CONTRACT #10-5599 TO STANTEC CONSULTING SERVICES, INC., IN THE AMOUNT $341,534, FOR CONSTRUCTION ENGINEERING INSPECTION SERVICES FOR THE FIRST STAGE OF PHASE IV OF THE SOUTH RO Page 166 January 11,2011 WELLFIELD RAW WATER TRANSMISSION MAIN REPAIR PROJECT NO. 70030 - APPROVED MR. OCHS: Yes, sir. That takes us to Item 10F on your agenda, was formerly 16Cl. It's a recommendation to award Contract #10-5599 to Stantech Consulting Services for construction, engineering, and inspection services for the South RO well field raw water transmission main repair project. Mr. DeLony will begin the report. MR. DeLONY: Good afternoon, Commissioners. For the record, Jim DeLony, Public Utilities Administrator. This item is something you've seen several times, and this is the -- I would say, the final act before we can begin construction, or actually actual restoration of this -- on this particular project. This piece deals with the construction engineer inspector. We're working with the Clerk's Office. We have reached the point now where we believe we've got the right form and type of contract and agreement set in place for this. Just as a matter of review, this is the project purpose for the entire act that we're performing out there in the south RO wellfield. And emphasis now is on restoration and repair, and also ensuring that we have got the right team on the ground to pursue full cost recovery, because it's my view that pipelines don't blow up, should not blow up, and this one did. And we're well represented with regard to counsel, and I'm sure Mr. Teach or our county attorney could speak to that if you have any questions with regard to our strategy in that matter. We're currently in Phase 4 of this -- CHAIRMAN COYLE: You might point out that this was a water pipeline. MR. DeLONY: Yes, sir, yes, sir. CHAIRMAN COYLE: Not a gasoline pipeline. Page 167 January 11,2011 MR. DeLONY: Yes, sir, or natural gas or -- CHAIRMAN COYLE: Yes. MR. DeLONY: Absolutely. I'm not yet in that business. I do water, the wastewater, the solid waste. But on Phase 4 is where we're at right now. Weare well positioned. But our approach and deployment in Phase 4, as I've described before, will be measured. We've taken the 23 wells that are in the wellfield, and our intent is to do, under this particular first phase of Phase 4 or Phase 4A, the first 11, learn from that, and then embark on the full restoration of the subsequent 12. And from those lessons learned, I believe we can mitigate cost and arrive at the best-value solution. And as I said, this particular piece of this puzzle is to put on staff or put on the team, the consultant, for the in-ground, on-site inspection on the restoration. I believe that Mr. Carnell will come up now and provide some additional material for the record to ensure that we've got for you and for your decision all of the elements to ensure this is fully sufficient and ready for your decision, Mr. Carnell? MR. CARNELL: For the record, Steve Carnell, Purchasing Director. Just as a matter of clarification, if you pick up on what Mr. DeLony just said, thankfully we're not in the restoration pipeline repair business very often, and so this presented a little bit of an unusual challenge because we're engaging the inspector to oversee the repair and, frankly, folks, we are -- we are not spending your money or your ratepayers' money. This is someone else's fault, and we are prepared to take whatever steps we need to take to recover those monies. And we want our case to be airtight and as strong as we possibly can make it, if and when the time comes as we go forward. And so that's why Mr. DeLony's talking in steps. That's why he's Page 168 January 11,2011 talking about, we've got 23 wells involved all total, and we want to commission the project piece of the work to begin with the first 11, and then do the rest in a second step or phase, if you will. This contract reflects that in that we engage the inspector to work in that first phase of well, those first group of wells, we negotiated a fee based on a time and materials contract with not-to-exceed limits for each of the first phase, activities -- activities in the first phase. And we wanted to, as Mr. DeLony indicated, stop at the end of the first phase and look at where we are, lessons learned, evaluate any changes we might need to make going into the second phases of wells so that we can look, if we have to, at a trier of fact and say, we were judicious, we were cautious, we made every effort to contain costs and to focus the work that needed to be done on what needed to be done and not spent anybody's money extravagantly or run up bills and charges that we couldn't defend. So for that reason, we priced out the work for Phase 1, and we indicated that we would negotiate Phase 2 after this evaluation had taken place. Well, the contract was submitted in the agenda package last week, and as part of the contract review, we got -- we were -- we did receive questions from the Clerk's Office on this, and their concern, if I could, briefly, as I understood, in a nutshell is, that they were fearful that the state law regarding the selection of consultants prohibits us from negotiating twice, if you will, that there's one distinct phase of negotiation under the contract. And we don't necessarily concur with that interpretation, but we understood their concern, and we believe we've worked together to come up with a common solution here. And essentially what we want to do is, the contract has been written to establish an estimated not-to-exceed price for the second phase of work. And, again, it will be drawing on the hourly rates set forth in the contract. It will be a time-and-materials contract. But what we do want the board to Page 169 January 11,2011 understand is that we have more confidence in terms of those aggregate estimates of dollars in Phase 1 than we do in Phase 2. And when I'm talking about Phase 2, I mean, we -- you know, we will have done that lessons learned, intentional, strategic review at the end of Phase 1. And so, at that point in time, we'll know more about what kind of time and effort it's taking well by well as we go through the restoration effort. So there's a possibility that our estimate for the second phase won't be as good as the estimate for the first phase. So what we've done to address that is we negotiated the contract specifically on Phase 1 initially, came up with a cost of$341,000 and change -- that's a not-to-exceed figure, and we have an aggregate estimate of about $800,000 for the inspection work in total. So we are attributing the other 458,000 to the second phase. We intend to go through, as Mr. DeLony described, with a review at the end of Phase 1 to see if we -- if our first phase estimate and our work plan was correct and right and defendable, and we're getting the data and information and the positioning we need for, again, recovering this money down the road. And then we'll make any adjudgments necessary before we go into Phase 2. It's a very conservative, two-step approach here as opposed to negotiating, say, a lump-sum agreement or total time-and-materials agreement up front without full information. So that's the reason for those two steps. And to address the clerk's concerns, we did put a dollar amount in the second phase. It's defined as a not-to-exceed. We have not defined all the tasks in full for Phase 2. Again, erring on the side of being conservative, judicious, as we incur these costs and can defend them if we have to go as far as court to do that later on. So that's the reason for the logic in that. Now, just in the speed of agendas here, Crystal had raised Page 170 January 11,2011 questions with us last week just before the agenda was finalized, we shipped her back changes to the agreement on Thursday, and then she asked for a few more changes and clarifications yesterday. Now you-all -- we delivered to the five of you yesterday the contract based on what we had given her on Thursday, and we had -- I think we had addressed really the bulk of her concerns at that time, but there were a handful of changes she has further requested that we move forward with. Now, Mr. Chairman, the pleasure of the board, I can briefly -- the changes in question are summarized in one page here. You have not seen these yet. I can briefly go through them if you'd like. We'd like to get your approval today on them. We don't necessarily, as staff, believe that every single one of these changes are necessary, but we also don't strenuously object either. And obviously, if we can be in concert with the clerk on the language going forward, we're obviously supportive of that and want to do that. So I really just need a little direction from you. COMMISSIONER FIALA: I just want you to know compensation's misspelled. MR. CARNELL: Yes, ma'am, yes. You would catch that. Late in the day; I'm impressed, commissioner, yes. We put that in there just to see if you were paying attention, ma'am. You passed. Okay. So with that, I'd be willing to entertain any questions from the board and get your direction regarding the approval of the contract going forward. CHAIRMAN COYLE: Okay. I don't have any questions. Commissioner Hiller? COMMISSIONER HILLER: May-- CHAIRMAN COYLE: Commissioner Hiller, go ahead. COMMISSIONER HILLER: I just don't understand exactly what's going on here. Another company didn't do what they were supposed to do and now, essentially, we are engaging another entity to Page 171 January 11,2011 do what they didn't -- or what they did defectively, or whatever the case may be, and they are -- this first company is going to compensate us for the expense of correcting or redoing what was done in the first place; is that the agreement? MR. DeLONY: No, ma'am. COMMISSIONER HILLER: Okay. MR. DeLONY: What we have is a dispute between -- that we've resolved through approval by this board to take into suit the original contractor for these deficiencies. That suit has been filed, they have responded, and we're now in active legal matters with regard to the first contractor. COMMISSIONER HILLER: Did you give them an opportunity to cure the deficiencies? MR. DeLONY: Absolutely. They've had notice and opportunity, ma'am. COMMISSIONER HILLER: And they failed to do it? MR. DeLONY: Yes, ma'am. COMMISSIONER HILLER: And so now essentially what you're going out and doing is remedying it at our expense, and then you hope, through the litigation process, to recover for these expenses? MR. DeLONY: Yes, ma'am. COMMISSIONER HILLER: So as of right now, there's no assurance that we're going to recover, because this has to go to court, and the recovery would be at the determination of the courts -- MR. DeLONY: Yes, ma'am. COMMISSIONER HILLER: -- if we prevail? MR. DeLONY: Yes, ma'am, either that or through negotiation or settlement. We have to get the pipeline back up and running. I need the wells. COMMISSIONER HILLER: Right. No, I understand. Can you explain for the record what the need of the wells is and why this is a -- Page 172 January 11,2011 you know, a public-safety issue if we don't have this repaired now? MR. DeLONY: I need it to meet demand for the raw water supply for our potable water customers. COMMISSIONER HILLER: Okay. Got it. Thank you. MR. DeLONY: Yes, ma'am. CHAIRMAN COYLE: I'm going to call the question. All in favor of approval, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: (Absent.) CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. It passes unanimously with Commissioner Henning absent. MR. DeLONY: Yes, sir. Thank you very much, Mr. Chairman. CHAIRMAN COYLE: Get it fixed. MR. DeLONY: Yes, sir; we plan to. We'll be starting this next week. With this decision today, we'll be in good stead to move forward, and I'll be back. CHAIRMAN COYLE: You'll be back? MR. DeLONY: I will be back. COMMISSIONER FIALA: Phase 2. COMMISSIONER COLETTA: Promise or a threat? CHAIRMAN COYLE: I'm not looking forward to that. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS Page 173 January 11,2011 MR. OCHS: Commissioners, that takes you to Item lIon your agenda. That's public comments on general topics. CHAIRMAN COYLE: Do we have any public? MR. MITCHELL: Yes, Commissioner. Nick Kouloheras, who wanted to speak to Item 6A. CHAIRMAN COYLE: I don't see him here. MR. MITCHELL: He's not here. So, sir, that was the only person registered for public comments. Item #14A COMMUNITY REDEVELOPMENT AGENCY (CRA) 2010 ANNUAL PERFORMANCE EVALUATION FOR THE IMMOKALEE CRA EXECUTIVE DIRECTOR ~ APPROVED CHAIRMAN COYLE: Okay. Now, that -- I'm going to turn the gavel over to the chairman of the Community Development Agency. We're going to 14A, right? MR. OCHS: Yes, sir. CHAIRMAN COYLE: Okay. That's Community Development Agency action item. MR. OCHS: Yes, it is. CHAIRMAN COYLE: That's correct. CHAIRMAN FIALA: The CRA meeting has begun. MR. OCHS: It's Item l4A. It's a recommendation to the Community Redevelopment Agency to complete the 2010 Annual Performance Evaluation for the Immokalee CRA executive director. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COLETTA: Second. COMMISSIONER COYLE: Is this for Penny; is she still here? COMMISSIONER COLETTA: We're very thankful for that fact. Page 174 January 11,2011 MS. PHILLIPPI: Thank you. COMMISSIONER COYLE: We have a -- do you really want to speak about this? Do you want to deprive her of -- COMMISSIONER COLETTA: No. I was just going to make a motion, and Commissioner Henning was already there. COMMISSIONER COYLE: -- performance appraisal. Okay. Then we have a motion by Commissioner Henning, second by Commissioner Coletta, to approve the performance appraisal of Penny Phillippi. CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Oh, I'm sorry. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: All opposed, like sign? (No response.) CHAIRMAN FIALA: Okay. We have -- motion carried, 5-0. COMMISSIONER COYLE: I'm sorry. CHAIRMAN FIALA: That's all right. And Item 14B? MR. OCHS: Commissioner, that's an Airport Authority item, not a CRA item. CHAIRMAN FIALA: Okay. CRA meeting is closed. Item #14B RESOLUTION 2011-10: APPROVING THE PROPOSED RATE SCHEDULES FOR THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND EXECUTIVE AIRPORT FOR 2011 - ADOPTED W/CHANGES Page 175 January 11,2011 CHAIRMAN COYLE: Airport Authority meeting is open. MR.OCHS: Yes, sir. 14B is a recommendation-- CHAIRMAN COYLE: Chris? MR. OCHS: -- I'm sorry -- that the board, acting as the Airport Authority, adopts the attached resolution approving the proposed rate schedules for the Everglades Airpark, Immokalee Region Airport, and Marco Island Executive Airport for 2011. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner -- MR. MITCHELL: Sir, we have a public speaker. CHAIRMAN COYLE: Second by Commissioner Coletta. And Commissioner Hiller wishes to speak. Would you like to wait until after the public speaker, Commissioner Hiller? COMMISSIONER HILLER: Sure. CHAIRMAN COYLE: Okay. Lloyd, are you going to talk to us? Is it you? MR. MITCHELL: Lloyd Byerhoff. MR. BYERHOFF: Only if you want to extend the meeting. CHAIRMAN COYLE: I do not wish to extend the meeting. Are we okay? MR. BYERHOFF: Yep. CHAIRMAN COYLE: Okay. All right. All in -- oh, I'm sorry. Commissioner Hiller? COMMISSIONER HILLER: I have just a couple of concerns. I want to be certain that -- you know, obviously for -- for example, for the companies that have crop dusters -- you know, my understanding is, for example, at the Everglades (sic) airport, doesn't one company provide about 80 percent of the airport's business? Page 176 January 11,2011 MR. CURRY: First, good afternoon, Commissioners. Chris Curry, Executive Director, Airport Authority. I think the airport you're referring to is Immokalee. COMMISSIONER HILLER: Oh, I apologize. Yes, you're absolutely right. MR. CURRY: And there is a crop dusting operation at the Immokalee airport that purchases approximately 80 percent of jet fuel. COMMISSIONER HILLER: Okay, jet fuel. And the -- does this rate schedule include -- I don't have it in front of me -- jet fuel as part of the rate schedule? MR. CURRY: Yes, ma'am. COMMISSIONER HILLER: Okay. My concern is, obviously, for someone who has a business like, you know, the crop dusting business and is completely dependent on that particular airport, where, in effect, we have a monopoly, that we be very careful that we not engage in monopoly pricing. I think it is extremely important that when we look at the pricing of fuel at an airport like that, that we can consider the fuel prices at similar airports that have a similar type of client. I don't think you can compare the fuel prices at the Immokalee airport with, for example, whatever they charge at the Fort Myers regional airport. And I'm no expert in airports. But I am very concerned that the pricing does not smack of monopoly pricing and that it be ultimately fair to users of the airport, such as the company that owns the crop dusters that contributes 80 percent of the fuel cost, which probably in that airport's case is the bulk of the revenue, isn't it? MR. CURRY: Yes, it is. I am an expert at airports. One of the things that we've done is we have done a fair comparison of similar airports around the region. We're not comparing Immokalee to Southwest International Airport in Fort Myers. We're looking at similar airports, such as LaBelle, Page Field, which is another general Page 177 January 11,2011 aviation airport and -- for example, and airports in Charlotte County. So we are doing a comparison of airports. COMMISSIONER HILLER: That primarily service agriculture MR. CURRY: Well, that service general aviation, not specifically the agricultural part, because we're selling fuel to general aviation. COMMISSIONER HILLER: But for -- MR. CURRY: Aircraft in general. COMMISSIONER HILLER: -- a very small portion. The bulk of the -- I mean, the bulk of the business of the Immokalee airport is agriculture related. MR. CURRY: Well, that's correct, but it-- COMMISSIONER HILLER: It's not a general avia- -- I mean, it may be labeled as a general aviation airport but, you know, we don't have the same type of use that, you know, the Naples Airport has. MR. CURRY: Right. But it is a general aviation airport. And if you look at the fuel scale that has been proposed and if you look at what's been done to accommodate the crop duster since I've been here, we've actually cut his costs about 40 cents per gallon. And he can experience additional cost savings if he purchased more fuel. So that was an action taken by me and the Airport Advisory Board in October, about two weeks after I arrived here. And our prices are competitive with similar airports. COMMISSIONER HILLER: So we could not be accused of engaging in monopoly pricing where, you know, someone who is, you know, an 80 percent user of the airport and doesn't have an alternative choice, would be able to come back and hold that against this board? MR. CURRY: No, I don't think so at all. And if that was the case, you would quickly find that the FAA would take a position in that it wasn't favorable to the airports. COMMISSIONER HILLER: Has this rate schedule been Page 178 January 11,2011 brought before your Airport Advisory Board and deliberated and voted on by them? MR. CURRY: Yes, ma'am. COMMISSIONER HILLER: And did they approve it? MR. CURRY: Yes, ma'am. They approved the new rates-and-charges schedule with one exception. They wanted the T hangar rates in 2011 Rates and Charges to reflect 2010 prices, because traditionally, the airport, over several years, has increased T hangar rates 3 percent, so that's one exception that I would like to make with this 2011 Rates and Charges. In addition to that, I would also like to implement a scale for A vgas users at the airport whereby they purchase more fuel, we'll waive the overnight fees for their stay. So those are two very small amendments that I would like to make to this 2011 Rates and Charges. COMMISSIONER HILLER: Have you spoken to the owner of the crop dusting company about these rates? MR. CURRY: On several occasions. COMMISSIONER HILLER: And is he agreeable to them? MR. CURRY: No, he's not agreeable; however, fuel is always a contentious subject at airports. And, again, the move that we made to better accommodate him was to reduce his fuel costs, as a signator user of the airport, 40 cent lower per gallon than what we had in effect for other users. COMMISSIONER HILLER: So what you're saying is, you've given him, like, a commercial discount because of the nature of the business that he's in? MR. CURRY: Because of the large volume of fuel that he purchases and because he's a base tenant, we're allowed to treat him different than a transient user, and we've accommodated him in that way. COMMISSIONER HILLER: A little bit different? Are there guidelines on how he can be treated differently? Page 179 January 11,2011 MR. CURRY: Yes, there are. COMMISSIONER HILLER: And did you follow those guidelines in setting the pricing for him as different from the other transient users? MR. CURRY: I have. COMMISSIONER HILLER: Thank you. No further questions. MR. CURRY: Okay. Thank you. CHAIRMAN COYLE: I have only one thing. And, Lloyd, I'd like to encourage you and/or the Airport Advisory Board, at any time during these presentations if you have a different -- if you have different ideas about how things should be done, we welcome your comments and advice of the Airport Advisory Board, and we value your commitment to serving on these boards. So at any time now or in the future, if you'd like to give us additional information or even information that is not necessarily consistent with what the airport director is suggesting, we're happy to hear it, and we would try to make the best decisions we can under those circumstance, okay. And I do that just so that we can make sure that your voices are heard in a way that doesn't create conflict between the Airport Advisory Board and the airport director. Okay. Go ahead, Chris. MR. CURRY: Mr. Chairman, I'd like to make one other comment about the airports, especially the Immokalee airports. One of the issues that we're having moving forward with Immokalee is with land value. When I arrived at the airport and I looked at the different leases, we had leases that were 3 cent, 4 cent, 5 cent per square foot. So what I did is called in the county appraiser and had it seconded by a third outside appraiser to evaluate the land. And the land fair-market value rate has been evaluated at 14 cent per square foot. So we have an issue as we go forward with the existing leases Page 180 January 11,2011 whereby they've been paying at least 60 to 70 percent below fair-market value in many cases. As a recipient of FAA grants, we are responsible to charge fair-market value pricing, especially for aeronautic -- for non-aeronautical users. In the case of an aeronautical user, we're allowed to negotiate a price less than fair-market value. So what you will hear and what you will see is some of the tenants complaining that their rates are being doubled and tripled, but I am doing that to bring them up to fair-market-value pricing, because if we don't we are in confliction with our FAA grant assurances. COMMISSIONER HILLER: Can I comment on that? I actually have worked with Chris on this issue. We've discussed it, and I've brought in Attorney Klatzkow, and that actually went to what I was going to bring before the board today. You raised a very important point, and that is negotiating terms of the leases. And while you feel it necessary to negotiate revised terms, right now, because the Board of County Commissioners is sitting as the Airport Authority, we legally cannot delegate discretionary decision-making. And I understand that there's a policy right now that does allow you to do that, which was fine when the Board of County Commissioners was not the Airport Authority. So I would like to ask that you hold off on renegotiating any leases till we address how that should be done so that it is done legal, because the worst would be for you to negotiate a bunch of contracts and they be all thrown out as contrary to law because you didn't have the legal authority to do it. And that was -- and I'm going to actually introduce a copy of the executive summary that I had prepared for today on the record so, you know, everybody can review it. And as Commissioner Coyle suggested, I'm going to bring this back at the next meeting and, of Page 181 ~_.u."... ~..__"__.., January 11,2011 course, talk with you again about it. It's what we had all reviewed. MR. CURRY: Right. But let me respond just quickly, because I think what we're talking about in that particular executive summary is slightly different than what I perceive. For example, I will negotiate a lease, but I will bring it before the Board of County Commissioners for approval, so -- COMMISSIONER HILLER: That's great. MR. CURRY: -- I just want to be clear that any lease will be -- will need to be approved by the County Commissioners. COMMISSIONER HILLER: Right. MR. CURRY: However, I think I'm probably in a better position to negotiate pricing understanding the airport environment. COMMISSIONER HILLER: I don't disagree, but I think what we need to do -- and this was a suggestion by Attorney Klatzkow -- is come up with a rate schedule that the Board of County Commissioners approves, come up with a standard contract that the Board of County Commissioners approves, and then give that to you to go and renegotiate these contracts with a stated rate schedule and a stated agreement, then you don't have to come back to us in each and every instance because your act becomes ministerial and not discretionary. MR. CURRY: But that's not always the case when you're negotiating an aeronautical activity rate. It may be different. It may be different because the FAA allows the flexibility to be below fair-market value. In most cases, what you're referring to will work for the airport, but in certain cases you have to negotiate a rate that's not going to be set in stone that may be below fair-market value. COMMISSIONER HILLER: Can you give me an example why, you know, one client would be entitled to below-fair-market-value rates over another that would not be stipulated on a rate schedule? MR. CURRY: Well, for example, we've indicated that by appraisal 14 cent per square foot was the land value. Okay. In have Page 182 January 11,2011 a guy on the airport like the agricultural sprayer, he may have other land that he's leasing on the airport as part of his operation. Well, because his activity contributes more than just the land lease, he has a more significant benefit to the airport; therefore, I may be willing to give him a rate that's 7 or 8 cent per square foot. You may have another aeronautical user that do not contribute -- that do not contribute any other revenue to the airport except for his existence in that particular area. He may be given an aeronautical rate of 10 cent per square foot, because the overall contribution received from an entity like the agricultural sprayer benefits the airport in so many other ways overall. So that's how that rate could differentiate when you're negotiating. COMMISSIONER HILLER: You explained that very clearly. So essentially what we would do then is, I still would submit that we do the same thing, have a standard rate schedule, have a standard contract, and where you have exceptions to that rate schedule that you can justify by examples as you've given, then you come back and -- come to the board by exception to approve those variances, those exceptions to the approved rate schedule with the supporting justification, because you have to bring it back to the board. You cannot determine those rates independently, and we have to have a rate schedule so everybody knows we're dealing in a level playing field. CHAIRMAN COYLE: The -- if I could. The issue, I think, is not so much approval, because I think it's already set up to be approved by us. He can't -- he can't set up a rate schedule without it being approved by us. MR. CURRY: That's right. CHAIRMAN COYLE: He can't really negotiate a contract without it being approved by us. The presumption is -- that you've made is that there are a lot of these contracts that are identical and that he can just do them pro Page 183 January 11,2011 forma once we've approved the contract format, and I think you'll find that in the aviation industry there is substantial variation in the types of activities, ranging from glider activities to commercial agribusiness, ag-aviation type businesses. So I, quite frankly, would prefer to leave it the way it is and have it come back to us for approval for all of these things. COMMISSIONER HILLER: For each and every lease? CHAIRMAN COYLE: Absolutely. But I don't want to micromanage the creation of those things. And we ought to give him responsibility, because he's more qualified than any of us to negotiate it. And if Chris would negotiate arrangements, and then he can bring them to us and we can ratify them, and then we've (sic) done with it. But I don't want to try to micromanage his business by going out there and trying to tell him what kinds of contracts he should be negotiating and how he should be doing it. COMMISSIONER HILLER: Well, we wouldn't be micromanaging. Just to clarify, Commissioner Coyle is correct, you do not have the legal authority to engage in committing the county to leases on rates and terms without pre-approval of the board. The problem we have is -- and that doesn't in any way negate what Commissioner Coyle has said -- is that there's an existing policy, Policy 631, which does provide that you can, contrary to law. So that's a policy which needs to be rescinded. Do other airports have fees? MR. CURRY: Yes. COMMISSIONER HILLER: Fee schedules? MR. CURRY: Yes. COMMISSIONER HILLER: I mean rate schedules? MR. CURRY: Annual approved fee schedules. COMMISSIONER HILLER: And I don't see why we don't do the same. And, in fact, it eliminates the micromanagement. It only Page 184 January 11,2011 deals with the by-exception situations. I really don't want to have you come back for standard leases that could well be satisfied by a stipulated -- by a standard -- you know, by a board-approved rate schedule, just like other airports do. MR. CURRY: Well, that's the intent. The intent was that this would be the first year that I would bring the rates and charges to be approved by the Board of County Commissioners. The last was approved in 2002. COMMISSIONER HILLER: Great. That's perfect. MR. CURRY: So if you look at the amount of detail in this rate-and-charges schedule compared to the previous, then there is a lot less that I would have to improvise anyway. I had to improvise a lot because the last rate schedule was not very detailed. COMMISSIONER HILLER: Right. So basically that will actually minimize the work of the board, because we're preapproving everything at once, and it gives you the ability to execute what we have already approved, and then we would look to Mr. Klatzkow to draft that standard contract that would simplify it even further. CHAIRMAN COYLE: This is going to be very easy for things like hangar leases -- MR. CURRY: Yes. CHAIRMAN COYLE: -- in most cases. It will be most all standard, but in accordance with an appropriate pricing strategy. MR. CURRY: Yes. CHAIRMAN COYLE: But you're always going to run into a situation where you've got a guy who has a museum in his hangar, and he's going to want to be treated differently, or a guy who puts his motor home in the museum, not an airplane. So there are things that are going to be different. But I have -- I have no problem with having standard leases for those things that are standard, and that would be fine. Commissioner Coletta? Let's get over this thing and get it done. Page 185 January 11,2011 COMMISSIONER COLETTA: We're over it, but just a couple of brief comments. One, you've got a consent agenda that will probably handle about 90 percent of all that. CHAIRMAN COYLE: Yes, yes. COMMISSIONER COLETTA: Number two, we're wasting valuable human resources here bringing the Airport Authority and our CRAs in here towards the end of the day, and they have to stay here for almost the whole darn meeting to be able to handle -- is there any way possible you could sit down with the county manager and see if we could reconfigure the agenda in such a way that we can get staff out of here? COMMISSIONER HILLER: Why don't we do a time certain for COMMISSIONER HENNING: Why don't we do it commissioner's comments and just do away with commissioner's comments? CHAIRMAN COYLE: That would be a good idea. COMMISSIONER HENNING: At the end of it. COMMISSIONER COLETTA: Well, we do it in your part of it, and that would save us -- CHAIRMAN COYLE: Okay. Let -- why don't we do the right thing and get a vote on this thing, and then we're finished with it and we don't have to sit around talking about why we've been keeping them here all afternoon. COMMISSIONER HENNING: And I made the motion, and I will amend my motion to include the two items that Mr. Curry mentioned that I wrote down. I don't know where I put it. MR. CURRY: Yes. One was -- one was to freeze the T hangar rates or keep them at 2010 rates. COMMISSIONER HENNING: Yes, that was part of my motion. MR. CURRY: And the second was to implement a scale for Page 186 January 11,2011 A vgas users that the more fuel they purchase, we would give them more overnight days free of charge. COMMISSIONER HENNING: Correct. That's a part of my motion. COMMISSIONER FIALA: Did I second that? CHAIRMAN COYLE: Somebody did. COMMISSIONER FIALA: Okay. I will in case I didn't. CHAIRMAN COYLE: Okay. Commissioner Fiala has seconded it. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COYLE: And that brings us to staff and commission general communications. Now, Commissioner Coletta does have something rather urgent that he has to leave for, so I want him to go first. We'll get this taken care of -- COMMISSIONER FIALA: Sure. CHAIRMAN COYLE: -- and then get to the rest of you, okay. COMMISSIONER FIALA: Sure. COMMISSIONER COLETTA: I appreciate you accommodating me, sir. I've got a minor family emergency that needs Page 187 "-"--"'--""~."---"~"'-~- January 11,2011 to be attended to. COMMISSIONER HENNING: Oh, sorry to hear that. COMMISSIONER COLETTA: Well, it's hopefully not as bad as it sounds. Thank you for your concern, Commissioner Henning. There's several different things I wanted to talk to you about. One of them was the Washington, D.C. trip that we talked about earlier, and I was asked to bring it back under commissioner comments. As you know, we've had this discussion many times over in the past regarding the value of a lobbyist or the value of traveling to either Tallahassee or Washington. CHAIRMAN COYLE: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: You took all the fun out of it. Okay. Then go ahead and finish that one. I've still got a couple of others. CHAIRMAN COYLE: I'll withdraw my motion if you have anything more. COMMISSIONER COLETTA: But it pertains to you, sir, and it's going to greatly enhance your life. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Leo? COMMISSIONER FIALA: You just cut him off. CHAIRMAN COYLE: That's all right. Commissioner Henning had a question about this particular motion. COMMISSIONER HENNING: Correct, absolutely. CHAIRMAN COYLE: Yeah, yeah. COMMISSIONER HENNING: Are you done, Commissioner Fiala? COMMISSIONER FIALA: Yeah. I was just wanting to hear the rest of what his comments were, but -- I'm sorry. CHAIRMAN COYLE: We'll come back to that after we get Page 188 January 11,2011 through this. COMMISSIONER HENNING: Mr. Ochs, you and I had a conversation there wasn't going to be a trip to Washington. MR. OCHS: No. Commissioner, we had a brief conversation. I said, because of the lack of earmarks, you know, the need for a trip and the budget this year mayor may not be necessary in my view, but that's a decision for the board. The staff has that trip planned and budgeted, but it's certainly the discretion of the board. But you're right, I mean, there are not the earmarks this year, so we'd working more with the congressional delegation and the lobbyists up there to work with the individual federal agencies, as you described earlier, and trying to get access to the grant process, make sure that our grant applications are meeting all the specifications and working with the staff of the -- of the congressional delegation and the grant agencies. COMMISSIONER HENNING: Couldn't you save money by just meeting with the congressional delegation members in their office in the State of Florida when they come in instead of going to Washington, D.C.? MR. OCHS: Well, that's an option, yes, sir, but I don't control their schedule. COMMISSIONER HENNING: Right. MR. OCHS: So whether or not we can get to them on a timely basis, I couldn't say right now. COMMISSIONER HENNING: Right. CHAIRMAN COYLE: Okay. If you'll permit me to take just a minute to explain. And I generally don't agree with a lot of these trips up to Washington, but because there are no earmarks now, we are in a tougher competition, and we can write a letter. That's sort of on the lower tier of influence. And then if you go up the hierarchy, we could make a telephone call to somebody up there. But there's nothing that achieves greater success than appearing personally there to talk with either an agency or a member of Congress about our needs here. Page 189 January 11,2011 And we have always been a donor county in Florida, and Florida is a donor state to the nation. We have to fight to get our tax dollars back to Florida and to Collier County. And it might cost $1,000 or so for a couple of people to go up there for a couple of nights and represent us. And I think that we should spend that amount of money to try to get back millions into Florida, and I just don't think it's an unreasonable amount of money. It's not going to increase the budget because it's going to have to come out of already budgeted travel fees. So it's not like we're trying to appropriate more money. We've already got travel fees. MR. OCHS : Yes, sir. CHAIRMAN COYLE: And so that's the reason I think that this time now, when we're fighting for every penny we can get, we ought to make the extra effort and go up there and shake hands and meet people face to face, whether it's agency heads or members of Congress. And that's the reason I'm supporting it, not because I want to just spend money. COMMISSIONER COLETTA: Well, thank you for that. And if I do go, you'll get a full report accounting for every minute that's up there and every direction we're going and how the follow-up should take place. COMMISSIONER FIALA: You did that last year, too. CHAIRMAN COYLE: Okay. All in favor, please signify by saymg aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. Thank Page 1 90 January 11, 2011 you all. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: And thank you. And quickly. COMMISSIONER COLETTA: Okay. Quickly. Swamp Buggy. Last year we had an appeal come before us under public petition to be able to place the advertisements for Swamp Buggy, which has been a community adventure for many years, in our local libraries, I believe it was. Michael, help me with this. What did we do last year? What was the direction? MR. SHEFFIELD: Parks -- community centers and parks, I believe. COMMISSIONER COLETTA: Okay. They're not applying for TDC funds. This is the only thing they're asking for is that permission to be able to do what they did last year. COMMISSIONER HILLER: What did they do? COMMISSIONER COLETTA: I'm sorry? COMMISSIONER HILLER: I don't know what they did last year. COMMISSIONER COLETTA: Swamp Buggy, Incorporated, does the swamp buggy races. COMMISSIONER HILLER: Right. But what did they do? I know all about them, but what did they do? COMMISSIONER COLETTA: Oh, what they did was, they were -- we gave them permission to place their brochures at parks and rec and at the library on the bulletin boards that are there. MR. SHEFFIELD: Commissioner, I'm not sure if we gave them permission last year, but they are asking this year to do that, to place these posters where they would be seen in community parks. COMMISSIONER HILLER: To advertise what? MR. SHEFFIELD: Their swamp buggy event. They're a non-profit group. COMMISSIONER HILLER: The swamp buggy races?s Page 191 January 11,2011 MR. SHEFFIELD: Yes. COMMISSIONER COLETTA: We had Chuck McMahon come before us last year -- MR. SHEFFIELD: Yes, sir, I believe. COMMISSIONER COLETTA: -- and we granted them whatever he asked for. I can't remember the depth of his request and what we actually granted. But I think it's kind of a benign thing. We're talking about an organization that plays greatly in this community as far as what it gives back and the amount of people that have a role in it. And so I'm bringing it up to the commission because I was asked to do so and for your consideration. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I don't remember that item. But would that be interfering with the day-to-day business of -- you know, shouldn't they be going to the Parks and Rec Advisory Board or the administration for Parks and Rec, or did they? MS. RAMSEY: For the record, Marla Ramsey, Public Services Administrator. We were asked, but I think it was through Michael, if we could put in for the public to pick up information or post posters and whatnot. And the concern on the parks side was, if they were an alcohol sponsor, we were not going to do that. It's not allowed to have alcohol advertisement in our park sites. So we had offered that we would put it up in the staffing areas, in all the staffing areas in all the facilities that we had for sure. And that is kind of the last that I heard of that, whether we going to -- whether they were asking us to continue that or not, Commissioner. COMMISSIONER HENNING: Is that the function of the board, to direct staff to put materials in facilities? And I have a concern about that. COMMISSIONER HILLER: Well, we can always ask Leo's permISSIOn. Page 192 January 11,2011 MR. KLATZKOW: At the end of the day if-- COMMISSIONER HILLER: Leo, may I? COMMISSIONER HENNING: Right. MR. KLA TZKOW: I mean, at the end ofthe day, this is a small matter. I mean, if staff has no objections to this, it's a community event of longstanding nature. Your problem is going to be one of these days somebody's going to come here and ask for the same thing that -- COMMISSIONER HILLER: Right. MR. KLATZKOW: -- you don't particularly like. At that point in time, I'm going to tell you, you're going to need a policy. COMMISSIONER HILLER: And maybe -- if I may suggest, maybe what we need to do is have a policy where staff defines where, you know, in the park system there can be advertising and what -- the specificity of what can be included in that advertising, you know, what should be included, like, for example, no advertising of alcohol, how long, and that the parks director has the ability to say no if it's nonconforming to the standards set by the county. I think it serves a public-information purpose to let people who frequent the parks know that there is a community event that they would like to participate in. We want to, you know, build cohesion in a positive spirit in the community, but it shouldn't be in a manner that is, you know, disruptive to the park's business or is contrary to the law with respect to advertising. So maybe a policy is required to allow this for this business and any other business, because you can't, you know, just arbitrarily accept one and turn another one down; it really wouldn't be fair. MS. RAMSEY: And that's our problem. That is our problem. And you don't know how many requests we have for everybody to want to put their stuff up into our facilities. And so we've kind of taken, if it's not county sponsored or co-sponsored, that we were not going to allow those to come in, so that was just the overall policy that Page 193 January 11,2011 the parks has done in the historical time that I've been here, 14 years. COMMISSIONER HILLER: So really it would be a problem because you would have so many people asking you for advertising, you wouldn't be able -- you mean, there wouldn't be enough space? I mean, you could do it on a first-come, first-served basis, do it for a limited amount of time, and then, I mean, just have a rotation. CHAIRMAN COYLE: Commissioner Fiala? MS. RAMSEY: If you want us to change that policy, that's fine. We just found that it was -- it's easier just to say, if you're not, you know, a government sponsored or co-sponsored event that we weren't going to posting. COMMISSIONER FIALA: Being that we allowed it last year, did we have a problem with it after the -- MS. RAMSEY: No. This is the first year it's been requested of us. And like I said, I said that I would put them up in the -- on the employee bulletin boards in all of our facilities so that the employees would know that it was going on, but that it -- that it wasn't really what we did for the public's benefit. COMMISSIONER HILLER: What about putting it on our website, like just having one tab in your -- you know, under your parks division window that is, you know, all community events, and whatever, you know, anyone wants to submit, again, as long as the advertising is conforming, you input it for a period of time and then delete it? MS. RAMSEY: I would turn that one over to John Torre's office to make the -- again, because I don't know where it's going to link to, and there's also some firewall issues associated with it, and so I can't comment on that one. COMMISSIONER HILLER: Well-- so just say no links. COMMISSIONER COLETTA: I withdraw my request. I'll tell you why. COMMISSIONER HILLER: It's not worth it. Page 194 January 11,2011 COMMISSIONER COLETTA: It's raising all sorts of complications that I never anticipated. I'm going to suggest they get ahold of the Clerk's Office; maybe they can help them with this. Anything you've come across, Crystal? But it's becoming difficult. Maybe at some point in time in the future we can talk about a community bulletin board in a couple locations -- COMMISSIONER HILLER: Right. COMMISSIONER COLETTA: -- where people can post things like that. COMMISSIONER HILLER: Like an Eboard, and talk to John Torre about -- COMMISSIONER COLETTA: I think that's an excellent idea. COMMISSIONER HILLER: -- you know, some way that we -- it doesn't link to any other website, and the input is controlled by our public information office, and then it just gives an opportunity for the community to find out what's going on every day of every month. COMMISSIONER COLETTA: And the last item I'm not going to get into great detail on, but I have the -- I have the Regional Planning Council now producing when we call condensed minutes. They've got it down to about four pages -- that I was going to share with you a couple of paragraphs that I know you'd find very interesting. Instead, what I'm going to do is send it to you and highlight those parts that you really should read. It gives you -- CHAIRMAN COYLE: Good. COMMISSIONER COLETTA: -- some sort of insight into what's happening. Also, too, just for your information, we do have a seat on the Regional Planning Council, and at some point in time it would be great if we had somebody else step forward and be willing to COMMISSIONER FIALA: Is that you? CHAIRMAN COYLE: We do, Commissioner Halas -- COMMISSIONER HILLER: I'd like to be a part of it. I'd like to Page 195 January 11,2011 join you, Commissioner. COMMISSIONER COLETTA: It's once a month, and we have different committees you can get involved in. For some reason I seem to be involved in three of them. But in any case, thank you very much. It was an excellent meeting, and I appreciate you understanding in allowing me to go first. Okay, good luck. I hope everything's okay. COMMISSIONER FIALA: I hope everything's okay. COMMISSIONER COLETTA: I'm sure it will be. CHAIRMAN COYLE: Okay. We'll start with Commissioner Henning now. COMMISSIONER HENNING: On the consent agenda, there was a proclamation recognizing Ski Olesky. I want to tell you a little bit about that. I was at an event where a young man was telling me about his nephew having a terrible experience with one of Santa's helpers in one of the big facilities and was very distraught. Our staff in the County Commission's office made several phone calls, and one of the phone calls they made was to Santa's winter residence on Lake Trafford. And Santa took great interest in this young man and actually grabbed one of his gifts and went to his house and knocked on the door and says, "I want to see Nicholas. I want to straighten something out." I mean -- so anyways, I'm going to be present that at the TDC, because it's just a -- it's a great story, and our staff, your staff, and the County Commission's office was very helpful. And I'm glad we did get it straightened out, because it did upset some of them that was going to go to this establishment and talk to Santa Claus's helper. CHAIRMAN COYLE: Well, it's good that Ski knew where Santa lives during the winter time out there. COMMISSIONER HENNING: Yeah. Page 1 96 January 11,2011 CHAIRMAN COYLE: That's good, yeah. All right. Anything else? COMMISSIONER HENNING: That's it. Thought I'd have some good news in today's meeting. CHAIRMAN COYLE: I don't have anything. Commissioner Fiala? COMMISSIONER FIALA: I don't have anything. CHAIRMAN COYLE: Good. This is getting better and better. Commissioner Hiller? COMMISSIONER HILLER: I have two things. CHAIRMAN COYLE: Don't spoil my day. COMMISSIONER HILLER: I wouldn't dream of it. You, especially. Okay. Jeff? MR. KLATZKOW: Ma'am. COMMISSIONER HILLER: At the last meeting you had promised us you would come back with a resolution regarding the presentation of timing of contracts to you for review. I really want that. I want to be sure that the County Attorney's Office has the time to review the contract. So I know you don't have it ready for this meeting -- MR. KLATZKOW: Next meeting, ma'am. COMMISSIONER HILLER: -- because there was a lot on your plate in, you know, light of the bond validation and the -- all that stuff. But I just want you to know, I have a tickler file, and I really want to see that, because it's for your benefit, and it's for the benefit of the county to have you have enough time to review contracts before they come to us. MR. KLATZKOW: Yes. COMMISSIONER HILLER: The other thing I would like to say is -- and I'm going to introduce this as a public record, so -- if anyone in the public would like to see this document. Page 197 January 11,2011 The State of Florida convened a statewide grand jury to investigate public corruption in Florida, and they have released their report dated December 17, 2010. And I have asked that a copy be given to each of the County Commissioners. It is a fascinating study. And I think that as a result of this study, it's my understanding that our new Governor Scott is going to come up with a new ethics standard in order to eliminate the public corruption that Florida has experienced. What I'm going to, at a later date, do, is when that new ethics legislation is approved, I would like to recommend that Collier County, even though we are subject to the laws of the state because of preemption, formally adopt it as our ethics ordinance as well. It makes it a lot easier ifthere is consistency between the state and between the county. There's an Ethics Commission. There are ethics rulings. It eliminates the possible subjectivity and the interpretations if something goes wrong, and it also -- it basically removes it from our forum. We have precedent that we'll be able to rely on and state law that we'll be able to rely on. In this report, there is a very significant statement that the public needs to be aware about, and that relates back to the litigation between the Board of County Commissioners and the Clerk of Courts and the role of the clerk as the county's auditor. And I would like to read this for the benefit of the public. It's on Page 63 of the report, and it's under the heading, Auditors and Clerk of Court. "Each county has a clerk who is responsible for the disbursement of proper expenditures. It is this constitutional check on spending that serves our county citizens as a fiscal watchdog. "While we see the value and importance of inspector generals, the first constitutional check on local spending comes from our state's clerks. Their efforts may be supplemented and assisted by inspector generals, sheriffs, local police and other fraud-fighting components of government, but their role is fundamental, and because of this, their Page 198 January 11,2011 liability is personal. "This is an important area of government that should be more fully utilized in some areas -- in some areas of our state. If we hope to slow the theft and mismanagement of government resources, audits must be conducted in a meaningful way. "Over the last ten months, we have learned corruption by theft and mismanagement will not be slowed until the procedures and systems are in place to dissuade those who would choose to violate the law." So, in short, the clerk is our independently elected, constitutionally backed watchdog, and audits are essential to safeguard the public's interest. The clerk cannot be substituted for any other check -- by any other check in order to protect the public assets that we are stewards of. CHAIRMAN COYLE: Okay. You're going to put that -- well, we've all read it, but -- COMMISSIONER HILLER: I'm just going to introduce it into the record. CHAIRMAN COYLE: All right. COMMISSIONER HILLER: I'm introducing it -- I introduce these documents into the record so that the citizens in the community can have access without having to search for these documents. They merely have to, you know, request a copy of the minutes or a portion of the minutes and the record will-- you know, whatever record I introduce is attached, and it just makes it easier. It just makes it easier for the citizens. CHAIRMAN COYLE: Okay. Now, the -- I have only one comment concerning that. You suggested that we take action on an ethics ordinance that would be consistent with the state's ethics ordinance. If past experience is any indicator of the future, that would mean that we would be diluting our ethics ordinance in Collier County. As -- although we must not create an ethics ordinance that is Page 199 January 11,2011 inconsistent with the state requirements, we can certainly have one that's tougher. COMMISSIONER HILLER: Oh, we can, certainly. CHAIRMAN COYLE: And right now we have one that is way tougher than the state ethics ordinance, and I have absolutely no expectation that the state will come up with anything much tougher than they already have. And I have been involved in the creation of those ethics ordinances since I started on the city council, and they still have one of the toughest ethics ordinances in the State of Florida. And I really would hate to have the standards that are applied at the state applied here. We need tougher standards here, and I would dissuade you from making any decision on that until we see what the state comes up with. And if they surprise us and they come up with a really good, tight enforceable ethics ordinance, I'll be happy to endorse it. But I don't think they will. COMMISSIONER HILLER: We'll see what the legislature does, and I appreciate your comment. My understanding is what Governor Scott will be proposing and what a host of legislators apparently have been encouraging and are supportive of is an ethics commission -- I mean, sorry, an ethics law, if you will, that is tougher than what we have here today in Collier County. For example, expanding the definition of who a public official is or who would be subject to these laws, and they're looking to expand it to county vendors. So if someone is doing business with an entity like the county or the state, that they would be subject to the same legal-ethical limitations that a county employee or a county commissioner would be limited to. So what I'm hoping is that it will be expanded, and our support by restating it as a local ordinance is merely for recognition purposes so it's on notice that everybody understands this is the law at the local level as well. We can always be more restrictive. We can't be less restrictive. Page 200 January 11,2011 That's the way the law works. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: I thought this meeting would never end. Motion to adjourn. MR.OCHS: Whoa, whoa, excuse me. You forgot staff communications. COMMISSIONER FIALA: Oh, you. Sorry about that. MR. OCHS: I rarely have anything, sir, but this time I have just two quick items. May I proceed? COMMISSIONER FIALA: Oh, absolutely. MR. OCHS: I'm sorry the meeting has dragged on so long. CHAIRMAN COYLE: Go ahead, go ahead. MR.OCHS: Okay. The first one is just to remind the board that we have set a meeting date for the workshop that was requested by the Naples City Council to talk about their parks system. That's set for February 9th at one p.m. at Naples City Hall. COMMISSIONER HENNING: Who's going to be there? MR. OCHS: City council. COMMISSIONER HILLER: You'll send us a notice, right? MR. OCHS: Oh, yes, ma'am, yes, ma'am. And the other one, just quickly. Back in May of 2009, the board authorized the staff to proceed with a project to replace the dated restrooms at the Vanderbilt Beach beachfront beach access, and we've been working since that time to redesign that facility. You'll recall that part of the design called for an elevated design because that land is in the VE zone under the FEMA maps. Recently Commissioner Hiller had asked me to contact FEMA to see what impacts, if any, would result from FEMA if the board were to grant a variance from the FEMA requirements and direct that that facility be built at grade, you know, basically below the base flood elevation required. Page 201 January 11,2011 COMMISSIONER HILLER: Or at the current grade. MR. OCHS: Or at -- required by the VE zone. So -- and I'm happy to do that. But since, you know, we have an approved project by the board that was directed at that elevation for that reason, I just wanted to make sure that the board didn't have a problem with me moving forward with making that inquiry of FEMA. We suspect -- we've had some discussions about this in the past at the staff level with FEMA, or at the management level with FEMA, consistently getting the same response that, you know, if we were to do something like that, it would most likely have an adverse impact on our community rating system. But they're -- they're obviously not going to give us specific response to a specific set of facts unless we give them some specific information about what our alternative design might look like, what kind of mitigation we could build into the project. Those would require, you know, some added expenses from both an architectural and engineering standpoint to the project. On the other hand, if we submitted that and FEMA somehow granted that variance without adversely impacting your community rating system, you would not have to incur the expense in that project in building the ramps and the stairs that are required of an elevated structure. So I didn't want to presume that the board wanted me to change current course, but it may be worth making an inquiry via a letter from the chairman to, you know, the top official at FEMA to see if we could get some attention on this if the board is so inclined. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Yeah. I'm all in favor of that. And, you know, it's really -- I mean, I'm hearing two sides of the story, says that all structures need to be at FEMA height, but I'm also hearing that it's only livable space that needs to be at that FEMA height. And, in fact, a lot of structures have storage underneath the Page 202 January 11,2011 livable space, and that would be the same as having a shed, where you have a garage, you know, an attached building. So it just doesn't make sense what is out there, you know, non-livable space, it needs to be at the flood elevation. So I would like to get that answered. CHAIRMAN COYLE: Well, when they say non-livable space, they're talking about space that doesn't have bathrooms or plumbing, and that's one of the problems, because if you -- COMMISSIONER HENNING: I don't live in my bathroom. CHAIRMAN COYLE: Well, I know, but if you have a bathroom -- COMMISSIONER HENNING: I only put deposits in the bathroom. CHAIRMAN COYLE: Okay. I'm glad to hear that. But if you have a bathroom at -- below the flood elevation, it means that sewage is going to back up and spill out of that, and that's the one thing they don't want to see happen. But I don't have a problem sending a letter. My real problem is -- and by the way, you know, so that you know, I asked this question three or four years ago. MR. OCHS: Yes, sir. CHAIRMAN COYLE: And I didn't see the need for a two-story structure. It was expensive. But I got an answer that said, you can't do it. I don't mind writing a letter, but I believe that what might happen is that they will tell us, if you want to do this, you've got to -- COMMISSIONER HILLER: Mitigate. CHAIRMAN COYLE: -- mitigate, you've got to show us your design -- MR. OCHS: Sure. CHAIRMAN COYLE: -- you've got to do this, you've got to do that. And even then we don't have assurance it will get approved. So we could spend $100,000 doing redesigns and reengineering and stuff Page 203 January 11,2011 like that, but that's all supposition. And I'll be happy to write a letter if that's what you want me to do. COMMISSIONER HILLER: I appreciate that. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: The issue, just for clarification, for the benefit of the public -- because I know there are a lot of people in the community, the elderly community, that are very, very upset about the five ramps that they will have to navigate to get to the bathroom. I'm not even sure it actually complies with the ADA, whether it's, you know, one continuous ramp or five ramps. I'm not really sure. I mean, there might be ADA-compliance issues with those ramps and the elevation, notwithstanding the intent of the law is that someone who is handicapped has ready accessibility, and I'm not sure that, you know, having five ramps to navigate up to a bathroom lives up to the spirit of the law. This project actually hasn't formally been approved by the board because it still has to get four variances from the board. The FEMA variance is something that the Board of County Commissioners grants. And FEMA exceptions, FEMA variances, are granted without adverse effect to community ratings. To give you an example, I think the Port Royal Club applied for a permit where, if their facility was destroyed by a storm, they would have the permit in hand and would be able to immediately start building so that they wouldn't have to try to apply to rebuild when everybody else was applying, and they were able to build their bathrooms at their -- you know, get the permit to allow them to build their bathrooms at the current elevation. If you go up and down the coast, the bathrooms are low. So I do think that there is positive hope, and I'm happy to help with the process, and thank you for writing the letter. And we would have to mitigate if it was required in order to get the variance, but it's in the public's interest to get rid of those ramps so Page 204 January 11,2011 the elderly community and the handicapped community can get to the bathroom with ease. CHAIRMAN COYLE: Okay. Get a draft letter to me. MR. OCHS: Yes, sir. Like I said, we may need to do some redesign and some reengineering. So if you see a slight change order for that, that's the reason why, because we may have to give them-- COMMISSIONER HILLER: Not necessarily -- CHAIRMAN COYLE: Well, give them the-- COMMISSIONER HILLER: -- because there could be a net savings, because by eliminating the ramps and the pilings, you know, whatever type of flood protection we may need, would offset that cost. CHAIRMAN COYLE: Well, all this is pure supposition-- COMMISSIONER HILLER: Absolutely. CHAIRMAN COYLE: -- until we get an answer to the letter, right? MR. OCHS: Yes, sir, correct. CHAIRMAN COYLE: Okay. Commissioner Fiala, you had something? COMMISSIONER FIALA: Just for the sake of comfort. On Marco Island they have an elevation bathroom at Residents Beach and, of course, it's mostly old people over there. COMMISSIONER HILLER: And how many ramps? COMMISSIONER FIALA: I can't tell you how many ramps they have. I just know that it's elevated. And that's all they have on the beach. So, you know, at least the people can get there. I've never heard of a complaint there. COMMISSIONER HILLER: I've heard -- I've heard of nothing but complaints and concerns of -- COMMISSIONER FIALA: I just wanted to say this to you -- COMMISSIONER HILLER: And people outside of the second district. COMMISSIONER FIALA: -- as a comfort -- Page 205 January 11,2011 COMMISSIONER HILLER: You're very kind. COMMISSIONER FIALA: -- that -- you know, that there are some here, and it doesn't seem to bother them. COMMISSIONER HILLER: It's a question of how much. CHAIRMAN COYLE: Actually the ramps, you know, once you get up there, the ride down is worth the trip. It really is. COMMISSIONER HILLER: You lift your hands up. CHAIRMAN COYLE: So it's just making those turns is the toughest problem. Okay. Do I hear a motion to adjourn? County Attorney, you don't have anything? COMMISSIONER FIALA: Motion to adjourn. CHAIRMAN COYLE: Okay. We have a motion to adjourn. Seconded by Commissioner Coyle. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: We are adjourned. ****Commissioner Fiala moved, seconded by Commissioner Coletta and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 RECORDING THE FINAL PLAT OF BISCA YNE BAY AT HERIT AGE BAY UNIT FOUR, APPROVAL OF THE Page 206 January 11,2011 STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE FINAL APPROVAL LETTER Item #16A2 RESOLUTION 2011-01: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF HAMMOCK BAY WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV ATEL Y MAINTAINED AND THE RELEASE OF THE MAINTENANCE SECURITY Item #16A3 RESOLUTION 2011-02: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF 3500 CORPORATE PLAZA WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV ATEL Y MAINTAINED AND THE RELEASE OF THE MAINTENANCE SECURITY Item #16A4 RELEASE AND SATISFACTIONS OF LIEN FOR FOUR SEP ARA TE CODE ENFORCEMENT CASES - FOLIOS #37864960003, #00279800002, #74030680002 AND #82535560004 Item # 16A5 Page 207 January 11,2011 AWARD RFP #10-5483, AN AGREEMENT BETWEEN COLLIER COUNTY AND TINDALE-OLIVER & ASSOCIATES, INC. FOR PHASE 2 OF THE MASTER MOBILITY PLAN. ESTIMATED CONTRACT AMOUNT OF $315,700 - TO REDUCE VEHICLE MILES TRAVELED WITHIN PROTECTED HABITAT AND ENVIRONMENT ALL Y SENSITIVE LANDS Item #16A6 A WARD BID #10-5491, FIBER OPTIC CABLE INSTALLATION, MAINTENANCE & REPAIR TO AZTEK, INC. - IN ORDER TO EXPAND, MAINTAIN AND REPAIR THE COUNTY'S FIBER OPTIC INFRASTRUCTURE Item #16A7 REQUEST BY CREEKSIDE WEST, INC. ALLOWING FOR THE FUTURE TRANSFER OF ROAD IMPACT FEES PAID FOR ONE PARCEL WITHIN THE CREEKSIDE PLANNED UNIT DEVELOPMENT (PUD) TO ANOTHER PARCEL WITHIN THE SAME PUD, AS THE SUBJECT DEVELOPMENT ON THE ORIGINAL PARCEL IS CHANGING FROM THE CONSTRUCTION OF A SHELL BUILDING TO THE CONSTRUCTION OF A PARKING GARAGE, WHICH DOES NOT REQUIRE THE PAYMENT OF ROAD IMPACT FEES Item # l6A8 AWARD ITB #11-5602 FOR THE TRAFFIC SIGNAL UPGRADE AT THE INTERSECTION OF AIRPORT PULLING (CR 31) AND PINE RIDGE ROAD (CR 896) TO ITRAN PARTNERS, INC. IN THE AMOUNT OF $344,763.95 ~ REPLACING THE EXISTING Page 208 January 11,2011 SP AN WIRE TO A STEEL MAST ARM ASSEMBLY WILL SECURE THE TRAFFIC CONTROL INST ALLA TION DURING BAD WEATHER Item #16A9 AWARD CONTRACT #10-5586 FOR THE INSTALLATION OF AN EMERGENCY GENERA TOR AT THE COLLIER AREA TRANSIT FACILITY AT 8300 RADIO ROAD TO WM. J. VARIAN CONSTRUCTION CO. INC., IN THE AMOUNT OF $90,223.85 PLUS A TEN PERCENT CONTINGENCY ($9,022) FOR A TOTAL AMOUNT OF $99,245.85 - TO ASSIST OPERATIONS DURING POWER OUTAGES Item #16A10 AWARD RFQ #09-5220, V ANDERBIL T BEACH MSTU ROADWAY GROUNDS MAINTENANCE TO FLORIDA LAND MAINTENANCE, INC. D/B/A COMMERCIAL LAND MAINTENANCE, INC. IN THE ESTIMATED ANNUAL AMOUNT OF $61,079 - ADDITIONAL EXPENDITURES NEEDED FOR REPAIR OF AN IRRIGATION SYSTEM DUE TO DAMAGE BY VANDALISM AND LANDSCAPE REFURBISHMENT PROJECTS Item #16Al1 APPROVAL OF THE FY11 PROGRAM OF PROJECTS AND SUBMITTING AN APPLICATION FOR THE FEDERAL TRANSIT ADMINISTRATION SECTION 5307 FY11 GRANT FUNDS ESTIMATED AT $2,578,927 - NEEDED FOR TRANSIT ENHANCEMENT AMENITIES, INSTALLING SECURITY Page 209 January 11,2011 CAMERAS AND OUTDOOR LIGHTING, ADA COMPLIANCE, REPLACEMENT OF BUSES, SERVICE AND MAINTENANCE ON BUSES AND BUS ROUTE OPERATIONS Item #16B1 A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA AND A GRANT APPLICANT WITHIN THE BA YSHORE GATEWAY TRIANGLE AREA. (1712 COMMERCIAL DRIVE, $50,000) - FOR BE HOME REALTY, LLC BUILDING, FOLIO #61581400003 Item #16C1 ~ Moved to Item #lOF (Per Agenda Change Sheet) Item #16D1 SUBMITTAL OF THE ATTACHED 4-H FOUNDATION INC. GRANT APPLICATION REQUESTING $63,825 FOR THE 4-H OUTREACH COORDINATORS AND THE ENHANCEMENT OF OUTREACH ACTIVITIES MANAGED BY THE COLLIER COUNTY UNIVERSITY OF FLORIDA/IF AS EXTENSION DEPARTMENT - GRANT TERM: FROM JANUARY 1,2011 THROUGH DECEMBER 31, 2011 Item #16D2 FOUR (4) RELEASES OF LIEN FOR DEFERRAL OF 100 PERCENT OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS THAT WERE TRANSFERRED FROM THE DEVELOPER TO THE NEW OWNER - FOR HABITAT FOR HUMANITY PROPERTY LOCATED WITHIN REGAL ACRES, LOTS 1,6,7_ Page 210 January 11,2011 AND 10 Item #16D3 FIVE (5) RELEASES OF LIEN FOR DEFERRAL OF 100 PERCENT OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS THAT HAVE BEEN REPAID IN FULL- A TOTAL OF $57,935.60 HAS BEEN REPAID TO THE COUNTY FOR LOT 114 - LIBERTY LANDING, LOT 71 - TRAIL RIDGE, LOT 38 - JUBILATION SUBDIVISION, LOT 10 (BLK 7) - AVALON ESTATES AND LOT 27 (BLK A) - HABITAT VILLAGE Item #16D4 NINE (9) SATISFACTIONS OF MORTGAGE FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS THAT HAVE SATISFIED THE TERMS OF ASSISTANCE - FOR LOT 12 (BLK 1) - BURDALE, LOTS 49, 50, 55 & 62 - INDEPENDENCE, PHASE ONE, LOT 15 (BLK 194) - GOLDEN GATE (UNIT 6), NAPLES TRACE - UNIT 202, LOT 10 - COLLIER VILLAGE AND SECTION 1 - TRAFFORD PINES ESTATES Item #16D5 SIX (6) SATISFACTIONS OF MORTGAGE FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS THA T HAVE BEEN REPAID IN FULL TO COLLIER COUNTY - FOR LOT 71 - TRAIL RIDGE, LOT 114 - LIBERTY LANDING, LOT 48 - CHARLEE ESTATES, LOT 27 (BLK A) - HABITAT VILLAGE AND LOT 2 (BLK 1) - GULF ACRES (2) Page 211 January 11,2011 Item # 16D6 THREE (3) MORTGAGE AND NOTE MODIFICATION AGREEMENTS FOR SINGLE F AMIL Y REHABILITATION TO CORRECT THE TOTAL FUNDS DISBURSED ON PREVIOUSLY RECORDED SECURITY INSTRUMENTS - PROPERTY LOCATED AT 714 NEW MARKET RD. W (IMMOKALEE), 2260 EVERGLADES BLVD. N (GOLDEN GATE ESTATES) AND 103A BOBOLINK WAY (NAPLES) Item # 16D7 THREE (3) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS LOCATED IN COLLIER COUNTY. APPROVAL OF THIS ITEM WILL TRANSFER PREVIOUSLY APPROVED DEFERRAL AGREEMENTS FROM DEVELOPER TO OWNER OCCUPANTS WITH A CONTINUING FISCAL IMPACT OF $45,083.78- FOR LIBERTY LANDING LOTS 72 & 133 AND REGAL ACRES LOT 4 Item #16D8 AN AGREEMENT IN THE AMOUNT OF $258,667 WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA) AND COLLIER HEALTH SERVICES (CHS) TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM (LIP). PARTICIPATION IN THIS PROGRAM WILL GENERATE AN ADDITIONAL $452,907 IN FEDERAL MATCHING FUNDS TO BE PAID DIRECTLY TO CHS FOR SERVICES FOR THE MOST Page 212 January 11,2011 MEDICALLY NEEDY IN COLLIER COUNTY - TO EXPAND PRIMARY HEALTH CARE SERVICES AT THE MIKE DAVIS MEDICAL CENTER (FORMERLY HORIZONS PRIMARY CARE CENTER) AND OTHER SITES Item # 16D9 AUTHORIZING CERTIFICATIONS REQUIRED BY THE STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES (DCF) IN ORDER TO BE ELIGIBLE TO BE AWARDED 2011 CHALLENGE GRANT FUNDING - IN ORDER TO RECEIVE $63,397.00 IN GRANTS FUNDS Item #16D10 AN ADDITIONAL LIST OF EQUIPMENT TO BE PURCHASED WITH THE HEALTH CARE AND OTHER FACILITIES SPECIAL CONGRESSIONAL INITIATIVE EARMARK FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ACCEPTED BY THE COUNTY ON SEPTEMBER 29, 2009, AGENDA ITEM #16D6 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D11 AN AGREEMENT WITH THE DAVID LAWRENCE CENTER TO OPERATE A POST-ADJUDICATION, COURT SUPERVISED, SUBSTANCE ABUSE TREATMENT PROGRAM KNOWN AS THE COLLIER COUNTY DRUG COURT PROGRAM. FUNDING HAS BEEN PROVIDED THROUGH GRANT #2010-DC-BX-0016 FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE. THERE ARE NO GENERAL FUNDS Page 213 January 11,2011 ASSOCIATED WITH THIS PROJECT - MATCHING FUNDS WILL COME FROM PARTICIPANT FEES AND IN-KIND SERVICES GENERATED WHILE OPERATING THE PROGRAM Item #16D12 AN AMENDMENT TO THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) ADMINISTRATIVE PLAN, WHICH PROVIDES GUIDANCE ON THE PROGRAMMATIC DESIGN, ELIGIBILITY GUIDELINES AND ASSISTANCE LIMITATIONS FOR AGENCIES PARTICIPATING IN THE HPRP PROGRAM. THE PROPOSED AMENDMENT WOULD INCREASE THE AMOUNT OF MEDIUM TERM HPRP FINANCIAL ASSISTANCE A CLIENT COULD RECEIVE FROM A MAXIMUM OF $3,000 TO $5,000 PER CLIENT OVER AN EIGHTEEN MONTH PERIOD - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D13 AN AMENDMENT (CONTRACT AMENDMENT #1) TO THE 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT WITH THE SHELTER FOR ABUSED WOMEN & CHILDREN (SA WCC) APPROVED ON SEPTEMBER 15,2009. THIS AMENDMENT IS TO REVISE EXHIBIT A, SECTION B THE BUDGET, TO UPDATE THE BUDGET TO FACILITATE REIMBURSEMENT Item #16D14 REJECT SOLICITATION (ITB) #11-5611 FOR EAST NAPLES COMMUNITY CENTER ROLLDOWN SHUTTERS AND THE Page 214 January 11,2011 ASSOCIATED PROPOSALS THAT WERE SUBMITTED AND AUTHORIZE THE PURCHASING DEPARTMENT TO RE- SOLICIT FOR THE SERVICES. THE FY 2011 IMPACT ASSOCIATED WITH THIS SOLICITATION IS $166,954 - TWO BIDS RECEIVED WERE APPROXIMATELY 60% ABOVE THE ENGINEERS ESTIMATE Item #16D15 AWARD FOR INVITATION TO BID (ITB) #1 0-5568-R FOR FITNESS EQUIPMENT REPAIR AND PURCHASE TO TROPIC GYM TECH, LLC ($70,000 APPROXIMATE ANNUAL SPENDING) - FOR VARIOUS SITES THROUGHOUT THE PARKS AND RECREATION DEPARTMENT Item #16D16 RESOLUTION 2011-03: A REVISED RESOLUTION SUPPORTING THE COUNTY'S FOUR GRANT APPLICATIONS TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR LONG RANGE GRANT FUNDING REQUESTS FOR FISCAL YEAR 2011-2012, AGREEING TO BE THE LOCAL SPONSOR, AND COMMITTING LOCAL COST SHARE FUNDS, AND ANY NECESSARY BUDGET AMENDMENTS ~ PROVIDING FUNDS FOR THE WIGGINS P ASS INLET MANAGEMENT PLAN, BAREFOOT BEACH RESTORATION PROJECT, SOUTH MARCO ISLAND BEACH RENOURISHMENT AND COLLIER COUNTY BEACH RENOURISHMENT Item #16E1 Page 215 January 11,2011 AN ADDITION AND MODIFICATION TO THE 2011 FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE FROM OCTOBER 1,2010 THROUGH DECEMBER 31,2010- POSITIONS LOCATED WITHIN THE IMMOKALEE BUSINESS DEVELOPMENT CENTER AND A PROCUREMENT SPECIALIST Item # 16E2 REPORTS AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS - FOR THE PERIOD OF NOVEMBER 22,2010 THROUGH DECEMBER 14, 2010 Item #16E3 TWO LEASE AGREEMENTS WITH THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) IN ORDER TO ALLOW FWC TO CONDUCT YOUTH HUNTS FOR COLLIER COUNTY RESIDENTS AT PEPPER RANCH PRESERVE IN JANUARY AND FEBRUARY 2011 - HELD JANUARY 14-16,2011 AND FEBRUARY 25-27,2011 Item #16F1 THE SUBMITTAL OF A VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION IN THE AMOUNT OF $4,125 TO THE FLORIDA DIVISION OF FORESTRY FOR THE PURPOSE OF PURCHASING FIRE HOSE FOR THE BRUSH VEHICLES AND CLASS A FOAM - ALLOWING THE OCHOPEE FIRE CONTROL DISTRICT TO COMPLETE OUTFITTING THE FORESTRY VEHICLES AND INCREASING SUPPRESSION Page 216 January 11,2011 POWER Item #16F2 - Moved to Item #10E (Per Agenda Change Sheet) Item # 16F3 THE AFTER THE FACT APPROV AL FOR THE SUB MITT AL OF A VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION TO THE FLORIDA DIVISION OF FORESTRY FOR REQUIRED WILDFIRE PROTECTIVE CLOTHING AND FlREFIGHTING FOAM Item #16F4 AWARD BID #11-5623 FOR PURCHASE AND DELIVERY OF PINE STRAW MULCH TO CUSTOM PINE STRAW, INC - BENEFITING THE PELICAN BAY COMMUNITY Item #16F5 AWARD BID NO. 11-5607 FOR THE CONSTRUCTION OF A BOAT DOCK AT THE ISLES OF CAPRI FIRE STATION, PROJECT #50070, IN THE AMOUNT OF $97,776 TO M. E. GOSE INC. AND THE NECESSARY BUDGET AMENDMENT - RELOCATING THE FIRE BOAT BEHIND THE FIRE STATION WILL ALLOW FOR SAFER PATIENT ACCESS AND TRANSFER TO MEDFLIGHT Item #16F6 RESOLUTION 2011-04: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE Page 217 January 11, 2011 PROCEEDS) TO THE FISCAL YEAR 2010-11 ADOPTED BUDGET - RECOGNIZING FUNDS FROM THE OLDER AMERICANS ACT GRANT Item #16Hl COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE NAPLES PRESS CLUB HOLIDAY P ARTY AT THE BELLAS ERA IN NAPLES, FL ON DECEMBER 9,2010. $40 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item # 16H2 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE EAST NAPLES CIVIC ASSOCIATION MONTHLY LUNCHEON ON DECEMBER 16, 2010 AT HAMIL TON HARBOR YACHT CLUB IN NAPLES, FL. $18 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item # 16H3 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE UNITED STATES COAST GUARD AUXILIARY FLOTILLA 95 CHANGE OF WATCH ON JANUARY 8, 20 11 AT HIDEAWAY BEACH CLUB ON MARCO ISLAND, FL. $50 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 250 SOUTH BEACH DRIVE Page 218 January 11,2011 Item #16H4 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE FRIENDS OF THE LIBRARY MEMBER APPRECIATION RECEPTION ON JANUARY 14,2011 IN NAPLES, FL. $25 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - HELD AT LIBRARY HEADQUARTERS, 2385 ORANGE BLOSSOM DRIVE Item #16H5 - Withdrawn (Per Agenda Change Sheet) COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE MARCO ISLAND AREA CHAMBER OF COMMERCE ANNUAL INSTALLATION CELEBRATION AND LEADERSHIP MARCO GRADUATION ON JANUARY 9, 2011 ON MARCO ISLAND, FL. $75 TO BE P AID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - HELD AT THE ISLAND COUNTRY CLUB, 500 NASSAU ROAD Item #16H6 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE EVERGLADES CITY HALL ANNUAL CHRISTMAS PARTY ON FRIDAY, DECEMBER 17, 2010 IN EVERGLADES CITY, FL. $15 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT THE SEAFOOD DEPOT, 102 COLLIER AVE Page 219 January 11,2011 Item # 16H7 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTENDED ULI SOUTHWEST FLORIDA 14TH ANNUAL WINTER INSTITUTE REAL ESTATE TRENDS CONFERENCE ON JANUARY 13,2011 IN NAPLES, FL. $25 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT THE CLUB AT OLDE CYPRESS, 7165 TREELINE DRIVE Item #16H8 COMMISSIONER HENNING'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER HENNING ATTENDED THE COLLIER BUILDING INDUSTRY ASSOCIATION'S 2011 INSTALLATION DINNER. THIS EVENT WAS HELD AT OLDE CYPRESS COUNTRY CLUB -7165 TREELINE DRIVE, NAPLES, FL., ON 12/08/2010. $45 TO BE PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET Item #16H9 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. TRIP TO WASHINGTON, DC INCLUDING AIRFARE AND HOTEL. $434.16 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - ATTENDED THE SWEARING-IN CEREMONY FOR REPRESENTATIVE-ELECT DAVID RIVERA AND SENATOR- ELECT MARCO RUBIO Page 220 January 11,2011 Item #16H10 PROCLAMATION RECOGNIZING EDWARD "SKI" OLESKY FOR HIS CONTRIBUTIONS TO THE RESIDENTS AND VISITORS OF COLLIER COUNTY. TO BE PRESENTED AT THE TDC MEETING ON JANUARY 24, 2011 BY COMMISSIONER TOM HENNING Item #1611 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 221 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 11,2011 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1) Verona Walk Community Deyelopment District: FYI0-ll Regular Meeting Schedule B. Minutes: 1) Affordable Housing Commission: Minutes of September 13, 2010; October 11,2010. 2) Airport Authority: Minutes of October 11, 2010. 3) Collier County Planning Commission: Minutes of August 25, 2010; August 27, 2010; September 16,2010; September 20, 2010. 4) Consumer Adyisory Board: Minutes of April 20, 2010. 5) Contractors Licensing Board: Minutes of September 13, 2010. 6) Development Seryices Advisory Committee: Minutes of September I, 2010; October 6, 20 I O. 7) Golden Gate Community Center Advisory Committee: Agenda of October 4, 20 I O. Minutes of August 30, 2010. 8) Hispanic Affairs Advisory Board: Agenda of September 30, 20 I O. Minutes of September 30, 20 I O. 9) Immokalee Enterprise Zone Development Agencv: Agenda of October 20, 2010. Minutes of September 15, 2010. 10) Immokalee Loeal Redevelopment Advisory Board: Agenda of October 20, 2010. Minutes of September 15,2010. 11) Land Acquisition Advisory Committee: Minutes of October 11,2010. 12) Librarv Advisory Board: Minutes of August 18,2010. 13) Radio Road East of Santa Barbara Blvd to Davis Blvd Advisory Committee: Agenda of October 6, 2010. Minutes of August 11,2010 Workshop; August 11,2010; August 16,2010 Special Meeting. 14) Vanderbilt Beaeh Beautifieation MSTU Advisory Committee: AgendaofOetober 14,2010. Minutes of May 6, 2010. C. Other: I) Code Enforcement Speeial Magistrate: Minutes of September 3,2010. January 11,2011 Item # 1611 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 27,2010 THROUGH DECEMBER 3,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J2 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 4,2010 THROUGH DECEMBER 10,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #1613 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 11, 2010 THROUGH DECEMBER 17, 2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J4 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 18,2010 THROUGH DECEMBER 24,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16K1 A STIPULATED FINAL JUDGMENT AS TO PARCELS 156FEE AND 156TCE IN THE LAWSUIT STYLED COLLIER COUNTY V. KATHERYN MORENO, ET AL., CASE NO. 10-2741-CA (COLLIER BOULEVARD PROJECT NO. 68056). (FISCAL IMPACT: $38,570.) - PROPERTY NEEDED FOR THE EXP ANSION OF COLLIER BLVD. BETWEEN GREEN BLVD. Page 222 January 11,2011 AND GOLDEN GATE BLVD. Item #16K2 - Withdrawn (Per Agenda Change Sheet) AN INCREASE IN THE PURCHASE ORDER FOR GRANT, FRIDKIN, PEARSON, ATHAN & CROWN TO A TOTAL OF $115,000 FOR THE CASE OF KER ENTERPRISES, INC., D/B/A ARMADILLO UNDERGROUND V. AP AC-SOUTHEAST, INC. V. COLLIER COUNTY, CASE NO. 09-8724-CA, NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, (VANDERBILT BEACH ROAD PROJECT NO. 63051) (FISCAL IMP ACT AN ADDITIONAL $50,000) - FOR ADDITIONAL CO- COUNSEL SERVICES WITH GREG WOODS, ESQ. FOR THE REMAINING DISCOVERY, ARBITRATION AND TRIAL Item #16K3 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $50,500 FOR PARCEL 811 IN THE LAWSUIT STYLED COLLIER COUNTY V. MYRTLE PRESERVE, LLC., ET AL., CASE NO. 07-0463-CA (LELY AREA STORMWATER IMPROVEMENT PROJECT NO. 51101.1) (FISCAL IMPACT $40,140) - PROPERTY NEEDED FOR CONSTRUCTION OF A PORTION OF THE LEL Y MANOR CANAL AND A MAINTENANCE ROAD ALONGSIDE THE CANAL Item #16K4 RESOLUTION 2011-05: COUNTY ATTORNEY TO TAKE ALL NECESSARY STEPS TO VOLUNTARILY DISMISS WITHOUT PREJUDICE COLLIER COUNTY'S BOND VALIDATION Page 223 January 11,2011 COMPLAINT, AND RESCIND RESOLUTION NO. 2010-211, WHICH RESOLUTION AUTHORIZED THE ISSUANCE OF $130,000,000 IN BONDS FOR THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A SCIENTIFIC RESEARCH AND SERVICES FACILITY TO BE OPERATED BY THE JACKSON LABORATORY - DUE TO JACKSON LABS WITHDRAWING THEIR STATE APPLICATION Item # 16K5 A TRI-P ARTY DEVELOPER CONTRIBUTION AGREEMENT WITH E'S COUNTRY STORES, LLC, AND ROBERTO BOLLT, WITH RESPECT TO CERTAIN ROAD IMPROVEMENTS LOCATED GENERALL Y AT THE SOUTHEAST CORNER OF IMMOKALEE ROAD AND OIL WELL ROAD Item #17A RESOLUTION 2011-06: PETITION V AC-PL2010-2039, LOWES SOUTH NAPLES, DISCLAIMING, RENOUNCING AND V ACA TING THE COUNTY AND THE PUBLIC INTEREST IN THAT PORTION OF A 15-FOOT WIDE UTILITY EASEMENT AS ORIGINALLY RECORDED IN OFFICIAL RECORD BOOK 1872, PAGE 1444 OF THE PUBLIC RECORDS COLLIER COUNTY, FLORIDA AND IN THAT PORTION OF A 15 FOOT C.U.E. (COUNTY UTILITY EASEMENT) AS CREATED BY THE PLAT OF CAPRI COMMERCIAL CENTER NO.2, RECORDED IN PLAT BOOK 49, PAGES 5 THROUGH 8, ALL LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN AND DESCRIBED IN EXHIBIT A Page 224 January 11,2011 Item #17B RESOLUTION 2011-07: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2010-11 ADOPTED BUDGET Item #17C ORDINANCE 2011-01: AMENDING ORDINANCE NO. 75-16, AS AMENDED, RELATING TO THE MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, CLARIFYING THE TIME FRAME FOR THE ELECTION OF A CHAIRMAN AND/OR VICE-CHAIRMAN, AS APPLICABLE, AFTER THE GENERAL ELECTION AND DESIGNATING WHO SHALL SERVE AS THE TEMPORARY CHAIRMAN IN THE ABSENCE OF THE CHAIRMAN AND VICE CHAIRMAN WITH RESPECT TO ALL MATTERS OUTSIDE OF MEETINGS Page 225 January 11,2011 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:53 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL lc e~ (,,,) CY'::\~ FRED COYLE, Chairman' ATTEST.~,., 0" DWIGFIT .E. BR(){cK, CLERK ;-"-, . '<":: ~ "4 ~'?~~lL Att."",,, ~t, tp,N',.... . 119rlatur~~I)/j: < Thes); minutes approved by the Board on '2 / B / 'Z 0 II , as presented j( -^-- or as corrected / TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INe., BY CHERIE' NOTTINGHAM and TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 226