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BCC Minutes 01/25/2011 R MINUTES BCC Regular Meeting January 25, 2011 January 25, 2011 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida January 25, 2011 LET IT BE REMEMBERED, that the Collier County Commissioners, in and for the County of Collier, 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 Donna Fiala Tom Henning Georgia Hiller ALSO PRESENT: Jeffrey Klatzkow, County Attorney Leo E. Ochs, Jr., County Manager Ian Mitchell, Executive Manager to the Bce Michael Sheffield, Business Operations Manager - CMO Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 January 25,2011 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 PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 January 25, 2011 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Bannon - Crossroads Community Church of Naples 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. November 9, 2010 - BCC/Regular Meeting C. December 14,2010 - BCC/Regular Meeting Page 2 January 25, 2011 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Edward Musser IV, Wastewater B. 25 Year Attendees 1) James Mac Hatcher, GMD- Engineering & Environmental Services 2) Frank Terilla, Wastewater 4. PROCLAMATIONS A. Proclamation designating February 2011 as K is For Kids Foundation's Bring a Book, Bring a Friend for Children's Literacy Month. To be accepted by Karen Clawson, Founder & Executive Director, K is For Kids Foundation, Inc. (Sponsored by Commissioner Henning) B. Proclamation designating January 27,2011 as International Holocaust Remembrance Day. To be accepted by Joan Hogan, Holocaust Museum & Education Center of Southwest Florida. (Sponsored by Commissioner Coyle) 5. PRESENTATIONS A. Presentation of Collier County "Business of the Month" award to GoldCoast Salads for January 2011. To be accepted by Peter Radno, Jr., President. B. Presentation by Clarence S. Tears, Director, Big Cypress Basin, regarding current hydrologic conditions going into the dry season. 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS Page 3 January 25, 2011 A. This item reauires that ex parte disclosure be provided bv Commission members. All participants are reauired to be sworn in. A Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use to allow a golf driving range within an Agricultural (A) zoning district pursuant to Subsection 2.03.01. A.1.c.17 of the Collier County Land Development Code for 29.6 acres of property located at 6500 Airport Road North in Section 12, Township 49 South, Range 25 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS 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. (Commissioner Hiller) B. Recommendation to direct the Office of the County Attorney to work with staff to prepare a policy prohibiting the donation of money or tangible property by vendors under contract with the County to charitable organizations closely affiliated with Collier County Public Officials. (Commissioner Hiller) C. Discussion concerning appointment of Commissioners to selected advisory boards and/or committees. (Commissioner Coyle) D. Appointment of member to the Collier County Code Enforcement Board. E. Appointment of members to the Library Advisory Board. F. Appointment of alternate member to the Horizon Study Oversight Committee. G. Appointment of member to the Ochopee Fire Control District Advisory Committee. Page 4 January 25,2011 10. COUNTY MANAGER'S REPORT A. Recommendation to obtain Board direction regarding the initiation of the Golden Gate Area Master Plan (GGAMP) Restudy process and the funding required for the project including any necessary budget amendments. (Mike Bosi, Comprehensive Planning Manager, Growth Management Division) B. Recommendation that the Board of County Commissioners approve the Conservation Collier Cycle 8 Active Acquisition List and provide the County Manager or his designee with guidance on suspending all Conservation Collier acquisitions and preparing a Master Plan to ensure sufficient management funds in perpetuity for all existing Conservation Collier preserves. (Len Price, Administrator, Administrative Services) C. Recommendation to approve an Agreement for Sale and Purchase with Aymee J. Jordana and Carlos R. Molina for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $12,000. (Melissa Hennig, Environmental Specialist) D. Recommendation to approve an Agreement for Sale and Purchase with Edith Jackson for 2.27 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $17,000. (Melissa Hennig, Environmental Specialist) E. Recommendation to approve an Agreement for Sale and Purchase with Bill Navarro (formerly known as Isabelo V. Navarro) and Lydia R. Navarro, his wife, for 1.59 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $12,500. (Melissa Hennig, Environmental Specialist) F. Recommendation to approve an Agreement for Sale and Purchase with Manuel Palacios and Aida Jauregui for 4.06 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $25,000. (Melissa Hennig, Environmental Specialist) G. This item to be heard at 10:00 a.m. Request to reconsider Agenda Item Number 10H which was previously heard by the Board of County Commissioners at the October 26,2010 BCC meeting regarding North Naples Fire Control and Rescue District's Application for COPCN - motion Page 5 January 25, 2011 to reconsider and bring back at the next BCC meeting following the Blue Ribbon Committee's Final Report - heard January 11,2011. (Dan Summers, Director, Bureau of Emergency Services and Emergency Management) H. Recommendation to review the proposed legislation created to provide a process for consolidation of the independent fire control and rescue districts in Collier County. (Debbie Wight, Legislative Affairs Coordinator) I. Recommendation to approve the award ofRFP #10-5541 to Paradise Advertising and Marketing, Inc. for Tourism Marketing Services and authorize the Chairman to sign the standard contract in the amount of $2,350,000 following County Attorney Office approval. (Jack Wert, Tourism Director) J. Recommendation to endorse the recommendation of the Coastal Advisory Committee on how to proceed with the permitting and installation of the proposed Clam Bay navigational markers based on recent regulatory findings and agency requirements. (Gary McAlpin, Director, Coastal Zone Management) K. This item to be heard at 11 :00 a.m. Recommendation to approve award of Bid No. 11-5633 for Wiggins Pass Maintenance Dredging to Southwind Construction Corporation for a not to exceed contract total of $750,000 and authorize the Chairman to execute the standard contract after County Attorney review and approval. (Gary McAlpin, Director, Coastal Zone Management) L. 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 3 and 4 segments of the Lely Area Stormwater Improvement Project. (Project No. 51101.) Estimated fiscal impact: $1,556,500. (Jay Ahmad, Director, Transportation Engineering) M. Recommendation to award Contract No. 11-5615 - Royal Wood and Whitaker Road Stormwater Improvements to Southwest Utility Systems, Inc. in the amount of $1 ,088, 170 plus a ten (l0) percent contingency of $108,817 totaling $1,196,987, Project Number 51101. (Jay Ahmad, Page 6 January 25, 2011 Director, Transportation Engineering) 11. COUNTY ATTORNEY'S REPORT 12. OTHER CONSTITUTIONAL OFFICERS A. Recommendation to amend the Interlocal Agreement with the Clerk of the Circuit Court to include audit services in the defined scope of services to be provided and to provide funding for these services for the remainder of FY11 in the amount of$263,300 and approve all necessary budget amendments. 13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. COMMUNITY REDEVELOPMENT AGENCY 1) Community Redevelopment Agency FY20 1 0 annual performance appraisal review for the Bayshore Gateway Triangle CRA Executive Director. 14. PUBLIC COMMENTS ON GENERAL TOPICS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. GROWTH MANAGEMENT DIVISION 1) Michel Saadeh of the Vineyards Development Corporation is requesting a clarification of V A-PL2009-1460 Conditions of Approval Number 6 to accept landscape p1antings between a golf course maintenance building and an abutting residential district; and to accept landscape plantings that are located in an abutting residential Page 7 January 25, 2011 district instead of on the required maintenance building property. The subject properties are located at 400 Vineyards Boulevard, and in Clubside Reserve in Section 5, Township 49 South, Range 26 East, Collier County, Florida. 2) Request for authorization to advertise a proposed amendment to Collier County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit, to amend the geographical boundaries of the MSTU to remove properties that no longer derive benefit from the MSTU's stated purpose and to create an advisory committee to provide input to county staff as to future projects within the MSTU. 3) Recommendation to approve a Resolution to declare February 25th, 2011 Collier Area Transit's Ten Year Anniversary and to provide complimentary rides to all transit riders during this day. 4) This item reQuires that ex parte disclosure be provided bv 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 revised final plat of Lakoya, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Valencia Phase One with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 6) Recommendation to grant conditional final approval of the roadway (private) and drainage improvements for the final plat of Quail West Phase III, Unit Seven. The roadway and drainage improvements will be privately maintained. 7) Recommendation to approve the partial release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Herbert A. Salgat, Jr., Code Enforcement Board Case No. CESD20 I 00002534, relating to property located at 3660 23rd Avenue SW, Collier County, Florida. Page 8 January 25,2011 8) 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 have the Board of County Commissioners approve a temporary construction access into Lely Resort from Rattlesnake Hammock Road. B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve the Satisfactions of Lien for the 1996, Account Numbers 19017,24167,25933, and 27821 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfaction of the liens. Fiscal impact is $58.50 to record the Satisfactions of Lien. 2) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. 3) Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $18.50 to record the Satisfaction of Lien. 4) Recommendation to award Contract Number 11-5625 to Vaccaro Consulting, Inc. for consulting services and planning assistance. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve and authorize the Chairman to sign Grant Agreement Number 10235 from the Florida Boating Improvement Grant Program in the amount of $13,020 to remove derelict vessels; and approve all necessary budget amendments. 2) Recommendation to Reject Solicitation (ITB) #11-5622, for the construction of boat trailer parking and repair of the existing boat ramp at Port of the Islands. Page 9 January 25, 2011 3) Recommendation to approve and authorize the Chairman to sign an Area Agency on Aging for Southwest Florida, Inc. "Standard Contract" and approve budget amendments to reflect the actual grant award for the Older Americans Act Program Title III in the amount of $934,162. 4) Approve Change Order No.1 to Contract #08-5083 with Heart of Adoptions Alliance, Inc. for Distribution of Choose Life Funds. 5) Recommendation to approve award of Bid No. 11-5634 for Doctors Pass North Jetty Rehabilitation to Kelly Brothers, Inc. for $653,200 and authorize the Chairman to execute the standard contract after County Attorney review and approval. 6) Recommendation to approve award of Bid No. 11-5637 for Naples Berm Restoration to Eastman Aggregate Enterprises, LLC for $946,167.20 and authorize the Chairman to execute the standard contract after County Attorney review and approval. 7) Recommendation to approve a budget amendment recognizing $863,854.48 in revenue generated in the form of program income when conveying properties acquired under the Neighborhood Stabilization Program. 8) Recommendation to approve the renewal of the Interlocal Mutual Aid Agreement between the Independent, Municipal and Dependent Fire Districts. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve adding the loan option to the 457 Plan Agreements with ICMA-RC and Nationwide Retirement Solutions, Inc., and authorize the Chairman to execute the attached implementing Resolution and other required agreement documents. 2) Recommendation to Reject Solicitation (ITB) #10-5588 for the Purchase and Delivery of Fungicides, Pesticides and Herbicides and the associated quotes that were submitted. The annual impact Page 10 January 25, 2011 associated with this solicitation is approximately $350,000. 3) Recommendation to adopt a Resolution providing for the acceptance of rebates from Employee Book Fairs. 4) Recommendation to approve an Agreement with the City of Marco Island for the use of MackIe Park Facility, Room A for a Town Hall Meeting with Commissioner Fiala. F. COUNTY MANAGER OPERATIONS 1) Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant from the Florida Division of Forestry for the purchase of required wildfire protective clothing and fire fighting foam, and authorize the necessary budget amendments. 2) Recommendation to approve the annual five percent (5%) increase in Consultant Fees for the Medical Director of Emergency Medical Services as described in the Emergency Medical Services Medical Consultant Contract for a total of$110,775 for FY11. 3) Recommendation to approve and authorize the Chairman to sign Change Order #2 for Communications Consultants, Inc. d/b/a BCF of Florida, Inc. Contract #07-4175 in the amount of $25,000 for a new Public Relations project to develop and produce the "Journey Through Paradise" promotion. 4) Recommendation to approve and authorize the Chairman to sign Change Order #4 to Contract #06-4037 with Miles Media Group, Inc. in the amount of$33,588 for production of the 2011 Visitor Guide. 5) Recommendation to approve and authorize the Chairman to sign Change Order #3 to Contract #07-4169, Research Data Services, Inc. for additional research projects totaling $25,000 for enhanced Return on Investment (ROI) reporting and additional focus group studies and related expenses for the consumer and group meetings market. 6) Recommendation that the Board approves a prepayment of the Naples Park Area Stormwater Improvement Assessment Bond, Series 1997 in Page 11 January 25, 2011 the amount of $175,000; plus interest accrued. 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 East Naples Civic Association Annual Banquet on January 24, 2011 at Naples Lakes Country Club in Naples, FL. $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 Opera Naples Tea with Lucia Presentation on January 12,2011 at Brambles Tea Room in Naples, FL. $35 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Coletta's proclamation presentation to the NAACP for their 14th annual Dr. Martin Luther King Jr., Parade and Celebration. Sponsored by Commissioner Coletta. 4) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended East Naples Civic Association Annual Banquet at Naples Lakes Country Club in Naples, FL. $40 to be paid from Commissioner Coletta's travel budget. 5) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend Cato Perspectives 2011 at the Ritz Carlton Golf Resort in Naples, FL on February 9,2011. $100 to be paid from Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS Page 12 January 25, 2011 1) To obtain Board approval for disbursements for the period of December 25, 2010 through December 31, 2010 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of January 1, 2011 through January 7, 2011 and for submission into the official records of the Board. 3) Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit Court is required to file the amount of traffic infraction surcharges collected under Florida Statute 318.18(13)(a)(1) with the Board of County Commissioners. K. COUNTY ATTORNEY 1) Recommendation to approve Amendments to Agreements for Legal Services relating to Contract No. 06-4047 Eminent Domain Legal Services with the law firms of Fixel, Maguire & Willis and Bricklemyer, Smolker & Bolves extending the expiration dates to April 22, 2013. There is no new fiscal impact associated with these Amendments. 2) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds for healthcare facilities at Naples Community Hospital. 3) Recommendation to authorize the County Attorney to file a lawsuit, on behalf of the Collier County Board of County Commissioners, against DAD Development Corp., regarding Pebblebrooke Lakes, for failure to comply with the Developer Agreement dated October 14, 2008, which requires the Developer to extend a wall and install a landscape buffer within a preserve area bordering adjacent residential properties. 4) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against RODNEY R. BONARD, in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover the damages to County owned Page 13 January 25, 2011 guardrails in the amount of $2,988.99, plus costs of litigation. 5) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against JUSTINA T. MENACHIO and RANISHA L. KNOWLES, in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover the damages to a County owned fence in the amount of $2,935.30, plus costs of litigation. 6) Recommendation to approve a schedule for submission of non-routine documents by staff to the County Attorney for legal review prior to submittal for Board action. 7) Recommendation to approve release of the order recorded in the code enforcement action entitled Board of County Commissioners vs. Dale and Keri Ann Ochs, Code Enforcement Board Case No. CEVR20090000974, relating to property located within the Big Cypress National Preserve, Collier County, Florida. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation to approve an Ordinance amending Ordinance 92-60 as amended, the Collier County Tourist Development Tax Ordinance, in order to reduce the Tourism Emergency Reserve Fund 196 ceiling and eliminate the year end sweep of funds from Tourism Administration Fund 194 to Fund 195 and 183, and redirect those funds to Tourism Promotion Fund 184 for Page 14 January 25, 2011 tourism marketing and promotion. B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2010-11 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 15 January 25, 2011 January 25, 2011 CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commissioners meeting is now in session. Would you please stand for the invocation to be delivered by Pastor Michael Bannon of the Crossroads Community Church of Naples. Item #lA INVOCATION AND PLEDGE OF ALLEGIANCE PASTOR BANNON: Good morning, and thank you for this privilege. Psalm 91: 1 and 2 says: He who dwells in the shelter of the Most High will abide in the shadow of the Almighty. I will say to the Lord, my refuge and my fortress, my God in whom I trust. Let's pray together. Father, thank you for this promise of refuge and safety. Lord God, I pray that you would teach us how to trust you in all things; not just in cases of emergency, but to be a trusting people who look to their God. Father, I pray that even in this time that you would bless our County Commissioners with the wisdom that they need to govern well. Father, I pray that you would bless each one of us as citizens of this county, that we would not be a source of problems but rather a people who are part of the solution that we would work together for the betterment of our community. So Father, I pray that you would glorify yourself greatly in our midst. Amen. CHAIRMAN COYLE: Please join us in the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. Please be seated. Page 2 January 25, 2011 Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED WITH CHANGES (CHANGES NOT ACCEPTED: ADD ON ITEMS #9H, AND #91, NO CHANGE TO TIME CERTAIN SET FOR ITEM #IOK FROM IIA.M. TO 4 P.M. AND NO APPOINTMENT OF TIME CERTAIN FOR ITEM #IOJ TO 2) P.M. CHAIRMAN COYLE: County Manager, do you have any changes to our agenda? That's a silly question, isn't it? MR.OCHS: Yes, sir, I have quite a few. Good morning, Commissioners. These are your agenda changes for the Board of County Commissioners meeting January 25,2011. First change is to add item 9.H. It's a report regarding economic health and viability of Collier County. That item is being requested to be added to the agenda by Commissioner Coletta. Next item is a request to add item 9.1. It's a motion that the county stops all further action with respect to Jackson Labs. That item is being requested be placed on the agenda by Commissioner Hiller. Next change is to move item 16.C.4 from the consent agenda. It would become item 10.P. It's a recommendation to award contract 11-5625 to Vaccaro Consulting, Incorporated for consulting services and planning assistance. That move is made at Commissioner Henning's request. Next item is to move item 16.D.8 from the consent agenda to the regular agenda, becoming item 10.N. It's a recommendation to improve the renewal of the interlocal mutual aid agreement between the independent municipal and dependent fire districts. That item is being moved at Commissioner Hiller's request. The next change is to move item 16.F.2 from the consent agenda, Page 3 January 25, 2011 becoming item 10.0 on your regular agenda. It's a recommendation to improve the annual five percent increase in consultant fees for the medical director of Emergency Medical Services, as described in the Emergency Medical Services medical consultant contract, for a total of$110,775 for fiscal year '11. That item is being moved at Commissioner Hiller's request. Next change is to continue item 16.K.6. It's a recommendation to approve the schedule for submission of non-routine documents by staff with the County Attorney for legal review prior to submittal for board action. That item is being continued at the County Attorney's request. Next item is to withdraw item 16.K.7. It is a recommendation of approve release of the order recorded in the code enforcement action entitled Board of County Commissioners versus Dale and Keri Ann Ochs. No relation, by the way, Commissioners. Code Enforcement Board case relating to property located within the Big Cypress National Preserve in Collier County, Florida. That item is being withdrawn at staffs request. We have a little more work to do with the Big Cypress National Preserve on that item. We have a few agenda notes this morning, Commissioners. We had a conversion error occur on a couple of the pages on your printed agenda. I'd just like to enter the portions that were blacked out into the record so we have those on the record, if I might. We had two items. The first was item 9.D. There was a small portion of the page blacked out on packet Page number 244. The missing information is as follows: Mr. Herminio Ortega, District 5, category, regular construction industry. This had to do with the applications submitted for appointments to some of your advisory boards. Also blacked out was Mr. Kenneth Kelly, 42 66th Street, Naples, Florida. He left an e-mail address in District 5. And the category for appointment was regular roofing contractor. Page 4 January 25, 2011 And the other item that was blocked out was on item 13 .A.1, part of the evaluation of your CRA executive director in Bayshore/Gateway Triangle CRA. This is part of Commissioner Fiala's review. The part that was blacked out reads as follows: Hopefully when the homes are built, they will address the need for middle income homes in this area, as it is now predominantly low and very low income. Those are the two changes. And we are working with the printer to make sure we don't have that conversion error in the future, obviously. Next change, Commissioners, is item 10.J. It's a recommendation portion of the executive summary. Currently reads: A recommendation to endorse the recommendation of the Coastal Advisory Committee on how to proceed with the permitting and installation of the proposed Clam Bay navigational markers based on recent regulatory findings and agency requirements has resulted in consideration of this item yesterday by your Tourist Development Council as a recommended change as follows: That the recommendation is to endorse the recommendations of the Coastal Advisory Committee from the January 13th, 2011 meeting not to move forward with the permit application or installation of navigational markers in Clam Bay. Additionally, the CAC recommends that the county, Pelican Bay and the CV A community jointly meet and resolve the markings of Clam Bay to facilitate safety, channel location, maintenance and overall community acceptance. After resolution of the marking plan, a recommendation by the CAC and approval by the board, the county would petition the United States Army Corps of Engineers to close out the permit. Next change is item 16.D.6. This was also an item that was reviewed yesterday by your Tourist Development Council. The recommendation in the packet reads: The recommendation portion-- Page 5 January 25, 2011 excuse me, recommendation to approve/award the bid number 11-5637 for Naples berm restoration to Eastman Aggregate Enterprises, LLC for $946,167.20, and authorize the chairman to execute the standard contract after County Attorney review and approval. Based on the TDC review yesterday, the recommendation is modified to read as follows: Recommendation to approve award of bid number 11-5637 for the Naples berm restoration for a total unit price not to exceed sum of $882,264. This will include a not to exceed unit price of $564,864 to Eastman Aggregate Enterprises, LLC for sand transport and placement, and a not to exceed unit price of $317,400 to Stewart Mining for sand supply. Also recommend this authorization for the chairman to execute the standard contract after county review and approval. This reflects the county's intent to direct purchase the sand from the sand supplier, saving the contractors markup and sales tax. All other items remain the same. Next change is to note that Item 10.0 is quasi-judicial, and ex parte disclosure is required. All participants will be required to be . sworn In. Next change is item 16.A.8. It's listed for ex parte, but it is not an ex parte item as originally stated in the agenda. Commissioners, you have two time certain items on your agenda today. The first is item 10.0, to be heard at 10:00 a.m. Second time certain is item 10.K, to be heard at 11 :00 a.m. And also, Mr. Chairman, Commissioner Hiller had made a request this morning that item 10.J be heard at 2:00 p.m. this afternoon. Those are all the changes that I have, sir. CHAIRMAN COYLE: Okay, County Attorney? MR. KLATZKOW: No, I think that was enough. We're good. CHAIRMAN COYLE: Nothing? Okay. Then we will start with Commissioner Hiller. Page 6 January 25, 2011 COMMISSIONER HILLER: Yes. Mr. Ochs, the other request I made was to move item 10.K to a different time certain. I would like to recommend that we move it to 4:00 p.m. time certain, given the fact that I believe that there will be a number of speakers on Item 10.G, and it would not be fair to the constituents, as well as the employees of Collier County EMS, to bar them from being able to speak merely because another item is scheduled at 11 :00 a.m. CHAIRMAN COYLE: Okay. Do you have any ex parte disclosure, Commissioner Hiller? COMMISSIONER HILLER: I do. With respect to both issues on the agenda that require ex parte, I have meetings, correspondence, e-mails and calls. CHAIRMAN COYLE: Thank you. Commissioner Fiala? COMMISSIONER COMMISSIONER FIALA: Yes, I have no changes or corrections to the agenda. And I have no ex parte on the consent or the summary agenda. CHAIRMAN COYLE: Okay. And I have no further changes to the agenda, and I have no ex parte for the consent agenda or the summary agenda. Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir, good morning. I have no changes to the consent agenda or the summary agenda, and no ex parte on those items. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I have no further changes and no ex parte communication. I do have a clarification. Normally, I believe what we do when we have a time certain item, or in this case two time certain items, we will stay with the first one until completion before going to the other time certain; is that correct? CHAIRMAN COYLE: That is correct. Page 7 January 25, 2011 COMMISSIONER HENNING: Okay. The other clarification I have, Commissioner Coyle, is it still our practice not -- for the board not to put items on the agenda unless they're publicly advertised? CHAIRMAN COYLE: It is still my suggestion that they not be placed on the agenda unless they're publicly authorized. We serve the public. We do not serve the public well when we surprise them the first thing on Tuesday morning at 9:00 about changes to the agenda or changes to time certain. So I will oppose any changes or additions to this agenda that have not been properly advertised. COMMISSIONER HENNING: You know, I think that's a great policy to adopt. And I agree with that. As long as it's not an emergency, I see no reason to have some transparency. CHAIRMAN COYLE: That's right. That's exactly right. So my suggestion to you was for both item -- the additions by Commissioner Coletta, item 9.H and the proposed addition by Commissioner Hiller of 9.1, that they be disapproved by the board. And by the way, that does not mean I oppose them. I will probably vote in favor of both of them. But let's put it on the agenda so that people know what's going on. With respect to changing the time of a time certain item, it's just unprecedented to do that as a change to the agenda. And it is too late to properly communicate to the public about a time certain of 10.1. So it just doesn't serve the public's interest to start making changes at the last minute here. So I would oppose those. And I would make a motion that we approve the agenda with the changes as noted by the County Manager and not approve the addition of item 9.H, the addition of item 9.A, the proposed change to time certain for 10.K and the proposed time certain for 10.1. COMMISSIONER HENNING: And I'll second that motion, if you include all requests by board members for items to come off the consent to go on the regular agenda. And also out of respect to my colleagues, Mr. Chairman, if you Page 8 January 25, 2011 don't mind, I would like to ask Commissioner Coletta and Commissioner Hiller if it's okay to continue those two add-on items that they requested. COMMISSIONER HILLER: I have no objection to continuing the motion that I'd like to carry forward. If I may make one comment. I would like to ask the County Manager in the future to schedule time certains in such a way that it doesn't obligate the citizens of the county to sit here at length when we know we're going to have an item that is a time certain that will carry on for more than what is expected with respect to the calendaring of the item that follows it. So now unfortunately we are going to have residents that are going to be sitting in the audience at 11 :00, expecting a time certain, and more likely than not they will not be heard until after lunch. We also have the Clam Bay marker issue, which was the other time certain I requested this morning. And the reason being, we expect a lot of citizens. It's going to require those citizens to have to sit in the audience pretty much all day trying to figure out when their agenda item will come up. So in the interest of the citizens of Collier County, I ask for better time management of scheduling time certains in the future. Thank you. COMMISSIONER COMMISSIONER FIALA: One of the things we have to be careful with with that scheduling time certains is, remember the time when we scheduled trying to -- it was me that did it, trying to make sure we had plenty of time. And here we scheduled it, but our meeting ended so early we all had to come back and we had to just postpone the meeting for a couple of hours until the time certain was there, because, you know, we were done very early. So you never can tell really how lengthy the conversation will be, how long the items will be. Sometimes people will fill the audience and you just have three Page 9 January 25, 2011 speakers and yet everybody will stand up to join in. So it's kind of difficult to tell how long something's going to be, actually. COMMISSIONER HILLER: I think adequately spacing agenda items that involve material public participation is really not a difficult issue. And the public's time ought to be considered. They have lives that they would like to lead and they shouldn't be forced to sit here. CHAIRMAN COYLE: Yes, Commissioner Hiller, thank you very much for your guidance. And nor should they be faced with a last minute change when they show up at 9:00 in the morning. So we're all trying to work for the best interest of the public. So Commissioner Henning, you have seconded the motion, and it includes all of the items mentioned by Commissioners and/or the County Manager, with the exception of the four items I have identified. I recommend we not add 9.H, we not add 9.1, we not change 10.K to 4:00 p.m., and we do not establish a time certain for 10.1 at 2:00 p.m. COMMISSIONER HENNING: Mr. Chairman, do we have any speakers on today's agenda? CHAIRMAN COYLE: We have one. COMMISSIONER COLETTA: Sir, if I may? CHAIRMAN COYLE: Well, we need to do the speaker-- MR. MITCHELL: Yes sir, we've got Mr. Don Pickworth, and he's speaking to item 16.K.3. MR. PICKWORTH: Good morning, Mr. Chairman, Commissioners. I'm Don Pickworth. I represent DAD Development Corporation in this matter of Pebblebrook Lakes, as you know, that's been going on for some time. I just saw on the agenda this morning, we did not know they were going to put it on for an authorization to file a lawsuit. I've spoken to Mr. Klatzkow. We would like the opportunity to take a couple weeks to discuss this with them. We think this can be resolved without the necessity of a lawsuit. I know there's things that Page 10 January 25, 2011 have been going on behind the scenes that we're not aware of, but from our view we think at least we'd like the opportunity to attempt that before we get into a lawsuit that's going to drag on for a couple of years. CHAIRMAN COYLE: Mr. Chairman, we've got some people whose lights are on. But does it pertain to Mr. Pickworth? COMMISSIONER HENNING: It sure does. Mr. Pickworth, your client entered in an agreement with the Board of Commissioners over two years ago to make those improvements. Today they're not done. I am very disappointed in your client not getting this done, and I want to move forward to protect the citizens around your commercial development. COMMISSIONER COMMISSIONER FIALA: I second that. CHAIRMAN COYLE: Is that all you wanted to say -- MR. PICKWORTH: Could I respond to that? CHAIRMAN COYLE: We've got a couple of Commissioners who want to speak. Commissioner Fiala, did you want to have -- to say anything else? COMMISSIONER COMMISSIONER FIALA: You know what, Commissioner Henning said it eloquently. I couldn't say it better, so I'm with him. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I want to address another issue, so don't hit the light too. But pertaining to this one, I would agree with Commissioner Henning, except that I do want to ask the County Attorney, in order to avoid the cost of litigation, is there a possibility this thing could be resolved in two weeks? MR. KLATZKOW: You know, I was hoping this thing would be resolved some time ago. I'm very hesitant in suing anybody, as you know. If they can get this stuff done, you know, I'm okay with that. Page 11 January 25, 2011 But it really took the threat of this lawsuit to get him here to say we'll get it done. COMMISSIONER COLETTA: If I may ask the next question, sir. Commissioner Henning wants to proceed with the lawsuit. It would take a little while to put everything together. So if they were able to resolve this at the next meeting, you would be able to come back and make a report, then we might be able to take a different action. In other words, is that -- MR. KLATZKOW: Yes, sir-- COMMISSIONER COLETTA: -- carrying a stick-- MR. KLATZKOW: You can authorize me to bring suit. That doesn't mean we will bring suit right away . We can speak with Mr. Pickworth. COMMISSIONER COLETTA: Leave my light on, please. CHAIRMAN COYLE: Okay. Commissioner Hiller. COMMISSIONER HILLER: I support Commissioner Henning's interpretation of what's happened, and I would have to agree with him. CHAIRMAN COYLE: Okay. Thank you very much, Mr. Pickworth. MR. PICKWORTH: Okay. CHAIRMAN COYLE: Okay. Okay, I will now entertain a motion to -- oh, you want to do something before we approve the agenda? COMMISSIONER COLETTA: Yes, sir, I wanted to speak earlier, but you missed the light, I guess. Regarding the issue I have on there that we're pulling, I have no problem with it. Now, what I plan to do between now and the meeting two weeks from now or three weeks from now is I'm going to have numerous meetings within the community, proceed with the idea that I'm going to be doing a little more fact finding. You'll have a more comprehensive report to be able to evaluate when I come forward Page 12 January 25, 2011 again the next time. CHAIRMAN COYLE: Thank you very much. And we're not pulling it, we're merely not adding it to this agenda. COMMISSIONER COLETTA: That's fine. But it was on the agenda on Friday, it wasn't today that it went on. CHAIRMAN COYLE: Okay. All right, I'll entertain a motion for approval of the agenda with changes as we have discussed. COMMISSIONER COMMISSIONER FIALA: So moved. CHAIRMAN COYLE: And so Commissioner Fiala has -- COMMISSIONER COMMISSIONER FIALA: I motion to -- CHAIRMAN COYLE: As a matter of fact, I've already made the motion, and Commissioner Henning has seconded it. So we have a motion on the table. Please signify by saying aye if you support it. COMMISSIONER COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HILLER: Aye, with reservation on the record as to the time certains, as I commented on earlier. CHAIRMAN COYLE: That is a yes vote in favor, I presume. COMMISSIONER HILLER: It is. CHAIRMAN COYLE: Okay, all right. Thank you very much. It passes unanimously. Page 13 Agenda Changes Board of County Commissioners Meeting January 25, 2011 Add Item 9H: request) Economic Health and Viability of Collier County. (Commissioner Coletta's Add Item 91: Motion that the County stops all further action with respect to Jackson Labs. (Commissioner Hiller's request) Move Item 16C4 to lOP: Recommendation to award contract number 11-5625 to Vaccaro Consulting, Inc. for consulting services and planning assistance. (Commissioner Henning's request) Move Item 16D8 to ION: Recommendation to approve the renewal ofthe Interlocal Mutual Aid Agreement between the Independent, Municipal and Dependent Fire Districts. (Commissioner Hiller's request) Move Item 16F2 to 100: Recommendation to approve the annual five percent (5%) increase in Consultant Fees for the Medical Director of Emergency Medical Services as described in the Emergency Medical Services Medical Consultant Contract for a total of $110,775 for FY11. (Commissioner Hiller's request) Continue Item 16K6: Recommendation to approve a schedule for submission of non-routine documents by staff to the County Attorney for legal review prior to submittal for Board action. (County Attorney's request) Withdraw Item 16K7: Recommendation to approve release of the order recorded in the code enforcement action entitled Board of County Commissioners vs. Dale and Keri Ann Ochs, Code Enforcement Board Case No. CEVB20090000974, relating to property located within the Big Cypress National Preserve, Collier County, Florida. (Staff's request) Note: A conversion error occurred at time of printing on Item 9D, Packet Page 244 and Item 13A1, Packet Page 506. The missing information is as follows: Item 9D: Mr. Herminio Ortega District 5 Cate20rv: REGULAR - Construction Industrv Mr. Kenneth Kellv 435-0014 4260 16th Street. N.E. 354-2021 Navies FL 34120 E-Mail: ken~kellvroofinf!.com District: 5 Cate2orv: REGULAR - Roofinf! Contractor 02/14/06 01112/10 02/14/07 02/14/13 1 Year 3 Years Item 13A1: Hopefully, when homes are built they will address the needfor middle income homes in this area, as it is now Dredominantlv low and verv low income.- Commissioner Fiala. Item 10J - The Recommendation portion ofthe executive summary reads: Recommendation to endorse the recommendation of the Coastal Advisory Committee on how to proceed with the permitting and Installation of the proposed Clam Bay navigational markers based on recent regulatory findings and Agency Requirements. Recommendation to change as follows: Recommendation to endorse the recommendations of the Coastal Advisory Committee (CAC) from 1/13/2011 not to move forward with the permit application or installation of navigational markers in Clam Bay. Additionally, the CAC recommends that the County, Pelican Bay and the Seagate community jointly meet and resolve the markings of Clam Bay to facilitate safety, channel location, maintenance and overall community acceptance. After resolution ofthe marking plan; a recommendation by the CAC; and approval by the BCC; the County would petition the USACE to close out the permit. Item 16D6 - The Recommendation portion of the executive summary reads: Recommendation to approve award of Bid No.11-5637 for Naples Berm restoration to Eastman Aggregate Enterprises, LLC for $946,167.20 and authorize the Chairman to execute the standard contract after County Attorney review and approval. Recommendation to change as follows: Recommendation to approve award of Bid No. 11-5637 for the Naples Berm restoration for a total unit price, not to exceed sum of $882,264. This will include a not to exceed unit price of $564,864 to Eastman Aggregate Enterprises, LLC for sand transport and placement and a not to exceed, unit price of $317,400 to Stewart Mining for sand supply. Also recommended is authorization for the Chairman to execute the standard contract after County Attorney review and approval. This reflects the County's intent to direct purchase the sand from the sand supplier saving the contractors markup and sales tax. All other items remain the same. Item lOG is quasi-judicial and ex parte disclosure is required, all participants will be required to be sworn in. Item 16A8 is not an ex parte item as originally stated in the agenda. Time Certain Items: Item lOG to be heard at 10:00 a.m. Item 10K to be heard at 11:00 a.m. 1/25/2011 8:41 AM January 25, 2011 Item #2B and #2C NOVEMBER 9,2010, BCC REGULAR MEETING AND DECEMBER 14,2010 BCC REGULAR MEETING MINUTES- APPROVED AS PRESENTED That brings us to the approval of the November 9th, 2010 BCC regular meeting minutes and the December 14th, 2010 BCC regular meeting minutes. Do any of the board members have changes to the minutes? COMMISSIONER COMMISSIONER FIALA: None. I motion to approve. CHAIRMAN COYLE: A motion to approve by Commissioner Fiala. A second by? COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: By Commissioner Coletta. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER 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 motion for approval of the minutes passes unanimously. Item #3A Page 14 January 25, 2011 SERVICE AWARDS -20 YEAR ATTENDEE, EDWARD NUUSSERIV,WASTEWATER-PRESENTED CHAIRMAN COYLE: That brings us to service awards, County Manager. MR.OCHS: Sir, we have our first service awardee this morning with 20 years of service in the wastewater department, Edward Musser, IV. Edward? (Applause.) Item #3B SERVICE AWARDS - 25 YEAR ATTENDEES, JAMES MAC HATCHER, GMD-ENGINEERING & ENVIRONMENTAL SERVICES AND FRANK TERILLA, WASTEWATER- PRESENTED MR. OCHS: Commissioners, we have two 25-year service awardees this morning. The first is James Mac Hatcher, Growth Management Division, Engineering and Environmental Services. (Applause.) MR. OCHS: Commissioners, our next 25-year recipient is Frank Terilla from your wastewater department. (Applause.) MR. OCHS: That concludes your service awards this morning, Commissioners. Item #4 PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT BOTH PROCLAMATIONS (ITEM #4A AND ITEM #4B) Page 15 January 25, 2011 Item #4A PROCLAMATION DESIGNATING FEBRUARY 2011 AS K IS FOR KIDS FOUNDATION'S BRING A BOOK, BRING A FRIEND FOR CHILDREN'S LITERACY MONTH. ACCEPTED BY KAREN CLAWSON, FOUNDER & EXECUTIVE DIRECTOR, K IS FOR KIDS FOUNDA TION~ INC. - ADOPTED MR.OCHS: Takes you to item four on your agenda, proclamations. Item 4.A is a proclamation designating February, 2011 as K Is For Kids Foundations Bring a Book, Bring a Friend for Children's Literacy Month. To be accepted by Karen Clawson, founder and executive director of K is for Kids Foundation, Incorporated. She is joined by two of her students today, Hayley Lamb and Amber Velcante. And this item is sponsored by Commissioner Henning. Please come forward. (Applause.) MS. CLAWSON: The Little Engine that Could, it's a classic tale of overcoming the odds, right, with a little help from our big supporters. MR.OCHS: All line up for your picture, please. COMMISSIONER HENNING: Mr. Chairman, Mrs. Clawson handed me a flyer. They are having a book drive February 12th at Barnes and Nobles Waterside Shop from noon to 4:00. It's free to the public. MS. CLAWSON: Yes, it is. It's called Kids Celebrate Reading, and it's all about just donating a book to a child we place in a school library. A lot of the men in the audience will remember they didn't always find a great book to read, were moving fast a lot of times, or if you wanted to joke, anything to grab children's attention to get them reading. They will read if they have great books. So please support Page 16 January 25, 2011 your school libraries and communities' libraries in Collier County. COMMISSIONER HENNING: Thank you very much. Item #4B PROCLAMATION DESIGNATING JANUARY 27,2011 AS INTERNATIONAL HOLOCAUST REMEMBRANCE DAY. ACCEPTED BY JOAN HOGAN, HOLOCAUST MUSEUM & EDUCATION CENTER OF SOUTHWEST FLORIDA - ADOPTED MR.OCHS: Commissioners, item 4.B is a proclamation designating January 27th, 2011 as International Holocaust Remembrance Day. There's a change in the acceptance this morning. We have instead of Joan Hogan, we have Ann Jacobson, who is the founder and president of the Holocaust Museum. And she is joined this morning by Mr. Charles Dauray, founding member of the board of directors. I'm sorry, and Fred Hirschovitsz, president. And this item is sponsored by Commissioner Coyle. Thank you. MS. JACOBSON: As the founder/president, I wanted to say-- CHAIRMAN COYLE: We'll have to get you on the mic, everybody can hear you much better. So we'll take the picture first and then we'll get you on the mic. Okay? (Applause.) MS. JACOBSON: I wanted to say to the Commissioners, thank you so much for recognizing us. And especially to Commissioner Coyle, who's been a faithful member of our advisory committee of the Holocaust Museum. I am the founder/president, and it amazes me what has happened to our museum in the last 10 years. We have become a destination point for Collier County. People come from far and wide, Europe, the county, et cetera. And I just want to say that we appreciate the support we get in this county, and are delighted that we've grown to the size that we are. Page 1 7 January 25, 2011 And last year alone we touched the lives of over 20,000 school children. And we had at least 5,000 visitors to our museum. Thank you so much. CHAIRMAN COYLE: It's you who deserves the thanks. You've done a wonderful job. The museum has developed wonderfully. Your educational outreach program is very successful, and you're all to be congratulated for the work you do. MS. JACOBSON: And I'll put in a plug. We're going to have a fantastic exhibit called Curious George. And whether you're an adult, but the child in you, you'll enjoy it. COMMISSIONER HILLER: Commissioner, may I make a comment, please? CHAIRMAN COYLE: Sure, by all means. COMMISSIONER HILLER: Thank you. I would also like to commend you for all you've done. My mother -- I get a little emotional when I say this, but she was a Holocaust survivor, Auschwitz. And my grandmother and my grandfather. So thank you for all you do, and not letting people forget. Thank you. COMMISSIONER HENNING: Motion to approve the proclamations as presented today. COMMISSIONER COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, motion by Commissioner Henning, seconded by Commissioner Fiala to accept the proclamations. All in favor, please signify by saying aye. COMMISSIONER COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) Page 18 January 25, 2011 CHAIRMAN COYLE: They pass unanimously. Item #5A PRESENTATION OF COLLIER COUNTY "BUSINESS OF THE MONTH" AWARD TO GOLDCOAST SALADS FOR JANUARY 2011. ACCEPTED BY PETER RANDO, JR. PRESIDENT- PRESENTED MR. OCHS: Commissioners, that takes you to item 5 on your agenda presentations. 5.A is a presentation of the Collier County Business of the Month Award to Gold Coast Salads for January, 2011, to be accepted by Peter Radno, Jr., the president of the company. Please come forward. (Applause.) MR. RADNO: First of all, thank you very much. It's a great recognition from Collier County and the EDC. So I want to thank you to start off. We were established in 2002, started supplying Costco Wholesale and Publix in 2002. We started off with three employees, and it's a family run business, me and my father and Adam Radno. We manufacture three seafood spreads which we supply Costco Wholesale and Sam's Clubs. We manufacture right here in East Naples. We manufacture a Maine lobster spread, a blue crab spread and a smoked salmon spread. I'm sure you recognize these products if you go to Costco or Sam's Club. On the left is the Maine lobster spread, in the center is the blue crab spread, and the smoked salmon on the right. Here locally you can find it at Costco Wholesale, Sam's Club, and in independent grocers. We have it in Wynn's Market also. With being in the food business we are heavily regulated with the FDA, USDA, and we have a passive program, which is a food safety Page 19 January 25, 2011 program that our suppliers ask us to be audited yearly so we produce safe products so people can eat. On the left is actually Wynn's Market. That's one of our demonstrations going on. And we're typically there Wednesday through Sunday, so you can come in and grab a sample. And on our right is our production facility with some of our workers making the products. Here's our facility . We're actually back in White Lake Commercial Park, back behind the landfill. We continue our distribution in the southeast and in the northeast. And what we're looking to do in the future is build a second facility back in White Lake Commercial Park, which is going to have two businesses: One will be our manufacturing facility and one will be a cold storage facility. And hopefully with that we can continue to create more jobs for Collier County. We do some community involvement with sponsorships with baseball teams, little league, and we also give to charities. CHAIRMAN COYLE: Will you go back to that first slide and tell us about the number of employees you have? Maybe it's the second slide. There we are. MR. RADNO: Yeah, we currently have approximately 260,270 employees. That ranges from the northeast all the way down into Collier County and Florida. In our manufacturing facility between workers and management and office staff, it's approximately about 30 people. CHAIRMAN COYLE: Good. Thank you very much. Great job. We're glad to have you here. MR. RADNO: Thank you very much. Thanks for the recognition. CHAIRMAN COYLE: Commissioner Hiller's light was on first, but did you want to -- was that from before? COMMISSIONER HILLER: That was earlier. Page 20 January 25, 2011 CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER COMMISSIONER FIALA: I just want to tell you, I tasted the crab and I tasted the lobster. Man, I couldn't stop eating them. They were wonderful. So glad you're here today. CHAIRMAN COYLE: Those weren't gifts. She paid for them. MR. RADNO: I was going to bring some samples, but I couldn't get through security. Thank you very much again. CHAIRMAN COYLE: Thank you for being here today. Appreciate your work. Item #5B PRESENTATION BY CLARENCE S. TEARS, DIRECTOR, BIG CYPRESS BASIN REGARDING CURRENT HYDROLOGIC CONDITIONS GOING INTO THE DRY SEASON - PRESENTED MR. OCHS: Commissioners, that takes us to item 5.B on your agenda this morning. It's a presentation by Clarence S. Tears, Director of Big Cypress Basin, regarding current hydrologic conditions going into the dry season. MR. TEARS: Good morning, Commissioners. Thanks for letting me be here today to talk about our most precious resource, water. As you're probably all aware of, we currently have a La Nina in the Pacific Ocean which creates conditions that allows for dryer than normal weather. And you could see that during the end of the season. As an agency, the South Florida Water Management District has to protect the water resources. We have to encourage conservation, and we have to plan for existing and future water supplies. As a water shortage team, we deal with hurricanes. Also we have an emergency team that deals with droughts. And this year we're currently stepping up our communication because it is a dryer than normal year. In some areas of the agency we've actually issued Page 21 January 25, 2011 warnings because the water supply is so low. As you can see on this chart, you know, every year is different. Some years are above normal on rainfall, some years are below normal for rainfall. And this year was an abnormally dry wet season. So going into the dry season this year we were extremely dry. We didn't have any tropical storms this year, which replenishes the water supply in Collier County. In addition, we're starting into the dry season, and we've had a few small rain events, but it's been extremely dry. So we're really pushing conservation this year with all our residents, especially in our local communities, to really be understanding and try to use the water resources wisely. This is the current water levels in Collier County. And you can see where the red is, you know, a 10 to 30 percentile, below normal. So there are some areas of Collier County that are extremely low, other areas are stable. And with the recent rain we had last week, actually some areas are, groundwater levels rose a little bit. However, it is extremely dry. And we just all need to do our part. Some of the things that we do and we've done over the years is we deal with flood control and water supply. So we have a lot of structures throughout the system. We've replaced most of them. We made the gates larger. In addition, we raised the gates so at the onset of dry season we can hold back the water instead of losing it. I think this helps us a lot, because when you keep the gates closed it actually forces the water into the ground, and when you open the gates it pulls the water from the ground and discharges it. So this time of the year we try to hold the water as high as possible to protect the resources. Currently in post-emergency water shortage restrictions this would be the next step if we go into a severe drought. We're ready. We're asking for the Collier County Commission's support if we do go into water restriction. Currently we're asking for your support to just Page 22 January 25, 2011 increase, maybe, some of your awareness to the public. The current conservation ordinance you have in place, make sure it's being enforced. I still see a lot of people watering their lawns on Fridays, and Friday is a no watering day in Collier County based on your current conservation ordinance. So I really ask this Commission to really support that and make sure that people are following our conservation measures that we have in place. As a municipality and support to the South Florida Water Management District, you have to enforce the current year-round irrigation restrictions. We're really focusing on residential usage of the resource. About 60 percent of our residents are on potable water supply so, you know, that's where we're really trying to put the focus. I think if we focus on the current conservation ordinance in place and ensure people are following the ordinance, we can protect the resource and get through this drought. In addition, we're hoping that public utilities and public works will focus on the medians, also on some of the landscape around the schools, some of the community ball parks and trying to use the resource wisely there too to show as a public agency we're doing our part. We do have a site with a lot of information about the water watch and about the drought. And it's www.sfwmd.gov/water watch. And there's a lot of good information on that site. And it's always updated, so it gives the latest information on the current conditions. So I ask you all to try to check it out. And with that, I really want to thank Collier County and this Commission for being proactive in diversifying your water resources, your alternative water supply, your reuse. I think all the efforts that you made and the expenditures that you have done for the public really will payoff and will payoff this drought. The diversification of the resources in Collier County is really what will get us through these droughts that we have periodically. And I really do appreciate the Page 23 January 25, 2011 effort of you and your staff in working with us. With that, I'm open for any questions. CHAIRMAN COYLE: Thank you, Clarence. Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir. Thank you. Clarence, the difference from one year to another year, in other words, compared to the last five years, how are we doing as far as our aquifer? I would assume that the freshwater aquifer is the one we're measuring, and not the -- MR. TEARS : Yes-- COMMISSIONER COLETTA: -- lower aquifer where we draw a lot of water from -- MR. TEARS: The surficial freshwater aquifer, yes. Actually, if -- in one of the charts that I provided, some of the areas are in the 10 to 30 percentile below normal, so we're on the low side in the majority of the area in Collier County. Now parts of the Collier County are stable. And with the recent rainfall they've actually improved. COMMISSIONER COLETTA: Are you using the same measurements that our water department uses from where they measure it from? Because, I mean, in past years they said that the difference in the aquifer drop was negligible. And I'm not too sure why there's a disparity between the two-- MR. TEARS: Usually your utilities look at drawdowns near the wells, so they're focusing on that. We look at wells throughout Collier County and historical data, and look at the groundwater levels in those wells. We go to -- USGS has a lot of wells in the area. We have some wells with over 30 years of historical data. So we look at long-term averages, we look at the changes, and some of those wells are very low at this time of year. COMMISSIONER COLETTA: Projecting what's happening forward into the future and allowing for a reasonable amount of growth, at what point in time do we stand to be in a deficit as far as Page 24 January 25, 2011 being able to supply water? MR. TEARS: Well, you know, as I always tell everybody, there's three types of water: There's free water, cheap water and expensive water. Free water we used up. The cheap water we've really used up, that's the surficial aquifer. And then we get into expensive water. There's plenty of water. We have the Gulf, so we can use desalinization. But what we're really pushing is conservation is the key to protect our resource. As you've seen, we've had some severe droughts in the past, but through conservation measures, reducing of potable usage and irrigation, we've been able to get through that. We're always going to have extremes, as you've seen on the chart I showed. Every year is different. Every year is above average or below average. And during the years where we have below average rainfall, it's always a challenge in an area that's rain driven. So we'll always have challenges. But I think through conservation, looking at protecting the resource with the great staff you have working with the District, we can get through any of the droughts in the future. And we're -- as an agency, we're responsible to ensure that the water supply is there for the future. COMMISSIONER COLETTA: What percentage of the water is used for irrigation? MR. TEARS: That number changes, because Collier County uses a lot of reuse. But roughly around 50 to 60 percent is used for irrigation. COMMISSIONER COLETTA: What I do, and I've been doing for a number of years, is I have native Florida grasses. They don't require irrigation, they don't require pesticides or fertilizer; self-maintaining. Maybe some day we have to go back to-- MR. TEARS: I've been shifting my yard to weeds, and they grow very well. Page 25 January 25, 2011 COMMISSIONER COLETTA: That's another definition of native Florida grass. CHAIRMAN COYLE: And he doesn't cut it either. MR. TEARS: I figured I was losing the fight, so I let them take over. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER COMMISSIONER FIALA: Yes. You've mentioned a few times something about the current water conservation efforts that are in place now, yet you never mentioned what those are. Number one, if you could just name them off. And then secondly -- you know, just simply -- MR. TEARS: I just want to make sure I get them correct. Because it is three days a week. I think its -- Paul? MR. MATTAUSCH: Commissioner, we'll make sure that that is appropriately advertised. I don't really remember from one restriction to another which is odd and which is even. But it is based on odd and even addresses. And it is three days a week. And it's from midnight to 8:00 a.m. for those addresses. But I believe that that is consistently in the Naples Daily News. COMMISSIONER COMMISSIONER FIALA: Okay. And Friday is dry day? MR. MATTAUSCH: That's correct. COMMISSIONER COMMISSIONER FIALA: And just going along with what you had said, Paul, will we be putting something in the water bills, just so people know what guidelines they should be following? MR. DeLONY: For the record, Jim DeLony, Public Utilities. Yes, ma'am, we use information in billing routinely at this time of year. As your bills go rolling through, we have a block and we remind folks of the water conservation ethic that, by the way, has been very successful in our county. The water conservation ordinance prescribes Fridays as dry days. Page 26 January 25, 2011 It's critical. Don't water on Friday. And then use an even/odd, based on your address. If you're an odd address, you water on Mondays, Wednesdays and Saturdays. If you're an even address, you do it on Tuesdays, Thursdays and Sundays. This time of year you don't probably need to water but twice a week, not three times a week. Because of the cool weather, the grasses aren't growing. The vegetation is not dormant but it's near dormant. At no time in Southwest Florida, at no time does any of our vegetation need more than an inch per week in terms of water. Whether it comes from the sky or from your hose, that inch per acre per week is really the target spot for sustaining lush vegetation in Southwest Florida. So that's where we are. And I have a sign here that says I'm supposed to be brilliant and brief and gone. So I think I've answered your question. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: I'd like to commend you for an excellent presentation. You raised a point, which is a point that you and I have discussed in the past, Clarence, and it's a point that I don't want to be forgotten. The protocol regarding the management of the weirs in Collier County, I have some concerns about that. It appears that there are weirs which are on private property which are being managed privately, which should be managed in accordance with protocols which have been established as of the time of the permitting of those weirs. But it's my understanding that there are weirs that are being managed contrary to those protocols, and the claim being that those protocols can't be found. Obviously that's problematic. And I'd like to know what you could possibly do to address that and help ensure that weir management and the respect of the protocols with respect to that Page 27 January 25, 2011 management are integrated in your overall plan for water conservation. MR. TEARS: As part of the regulatory process in the South Florida Water Management District, we issue surface water permits. And each of those structures on private property has a regulatory requirement opening stage and closing stage and it's supposed to be followed. If somebody's missing that data or that permit, I'm sure we can provide that to them. COMMISSIONER HILLER: I would appreciate that. What do you do to monitor that in fact the protocols are being observed when they ought to be? Do you have any sort of field inspection, any sort of, you know, random monitoring? Because otherwise, if we don't ensure compliance, even if we can find those protocols through you, there still remains a problem. MR. TEARS: We do have field inspectors and they do go around. But there's a lot of permits that have been issued, and I'm sure they do miss a few here and there. But if they do notice somebody not following proper criteria, they do let them know and they do put them on notice. COMMISSIONER HILLER: What I would like to do is I would like to have the opportunity to sit down with you and review the protocols over the major canals that are on private property. MR. TEARS: Sure. COMMISSIONER HILLER: Thank you. MR. TEARS: Okay. I'll make sure we schedule that. COMMISSIONER HILLER: Thank you so much. Thank you for your contribution. CHAIRMAN COYLE: Clarence, it's a little troubling that Commissioner Hiller believes that there are people who are not following the protocols but yet you're not aware of that. What's the answer? Has anybody informed you that somebody is not abiding by the protocols? Page 28 January 25, 2011 COMMISSIONER HILLER: I have. MR. TEARS: She has-- CHAIRMAN COYLE: Can you give him a list of the owners where those protocols are being ignored? COMMISSIONER HILLER: Yeah, I've actually discussed with Mr. Tears where it is being brought to my attention that, you know, protocols are missing, that they don't know where to find those protocols, and that they basically do it by experience and intuition rather than by what's provided for through the permitting process. So I will work with you to address those issues. Because obviously that not only affects where we have a drought but also when we have flooding. CHAIRMAN COYLE: Could we get a list of those people? COMMISSIONER HILLER: Absolutely. CHAIRMAN COYLE: I'd like to know who isn't following protocols. MR. TEARS: Sure. CHAIRMAN COYLE: Now, one thing, what you guys always fail to mention is probably the most important water conservation project in the history of Collier County, and that is the desalination capacity of Collier County. Thanks to the work of our utility department over the past 10 years, more than 50 percent of all of the drinking water in Collier County is provided through the reverse osmosis process. And they've done it in a very, very smart and cost effective way. They're no longer drawing water from our surficial aquifers, they're drilling deep into the brackish water. And they're taking that brackish water and treating it through the reverse osmosis process to produce drinking water. Far less expensive than going out into the Gulf and getting high content salinity water. So it's a remarkable program. It seems that most people are not even aware that we have this capacity in Collier County. But it is one Page 29 January 25, 2011 of the reasons that the surficial aquifers have maintained essentially the same level year to year over the past 20 years, according to your own reports. There are many instances where we can find a well that is below average at a particular point in time, but on average the charts that have been produced by your agency have clearly shown that over a period of 20 to 30 years there has been no average change in the surficial aquifer level. MR. TEARS: That's-- CHAIRMAN COYLE: What I've said is correct, right? MR. TEARS: Yes. CHAIRMAN COYLE: Okay. But it's important that people understand where we are with that. MR. TEARS: I did commend your staff and you for diversification for the resource, and that's what I tried covering in that statement. But that's true, the reverse osmosis is really a great opportunity to use the deeper aquifers that are a little bit brackish to meet our water supply needs. And it's a lot cheaper to produce fresh water than going to the Gulf at this time. CHAIRMAN COYLE: Thank you very much. MR. TEARS: Thank you very much. MR. MATTAUSCH: If I may just take one moment. I would like to at least recognize that Charles Dauray is in the audience. He is a member of South Florida Water Management District governing board and ex-officio chair of the Big Cypress Basin board. And I just would like to recognize that he is in the audience. (Applause.) MR. DAURA Y: Thank you, Paul. Yes, we're facing a drought. And I'm not going to -- don't kill the messenger. But we've been through this before. And there are some benchmarks in the last two governing board meetings that we have held that I have insisted on . . recognIzIng. Page 30 January 25, 2011 And very briefly. Number one, we don't declare an emergency unless there's a good reason to declare an emergency. So if the South Florida Water Management District does declare in its 16 counties a water emergency, you can be sure that we are in serious trouble from either over water through hurricanes and whatever, or not enough water through drought. Secondly, I'm insisting that when we do declare a drought emergency, it's understandable and consistent. A lot of people get confused. They say, well, it's 2:00 in the afternoon, my neighbor is watering, I can't, how about -- even, odd and all of these, these are difficult things for a lot of people to grasp. So we need to have a consistent habitual cutback in water use. Thirdly, and very important, if people violate water usage, there has to be consequences. We do not have water police, but we do work with the legal departments in the 16 counties that we have to make sure that people comply with the restrictions. And thus far we've been successful. Which brings in point number four. The most important people in the household when it comes to water are the kids. They seem to understand what saving water is all about. Collier County has been very successful in reaching out to the children of the area when we have drought emergencies so that they understand that water is not a free commodity to be wasted but is a precious resource. And that's where we need to spend, in my opinion, quite a bit of our time to develop, as you referred to, Commissioner Coy Ie, that water conservation ethic in the school systems. Because the most inexpensive water we have is the water we save. Thank you. CHAIRMAN COYLE: Thank you, Charles. Thank you for being here. We have a 10:00 time certain, County Manager. We're going to start. MR. OCHS : Yes, sir. And I might remind the board that this Page 31 January 25, 2011 item is quasi-judicial and ex parte disclosure is required. All participants will be required to be sworn in. Item #10G RECONSIDER AGENDA ITEM NUMBER 10H WHICH WAS PREVIOUSL Y HEARD BY THE BOARD OF COUNTY COMMISSIONERS AT THE OCTOBER 26,2010 BCC MEETING REGARDING NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT'S APPLICATION FOR COPCN - MOTION TO RECONSIDER AND BRING BACK AT THE NEXT BCC MEETING FOLLOWING THE BLUE RIBBON COMMITTEE'S FINAL REPORT - HEARD ON JANUARY 11,2011 - MOTION TO APPROVE FOR 1 YEAR WORKING UNDER THE PROTOCOL SET FORTH BY COLLIER COUNTY MEDICAL DIRECTOR WITH ALL OTHER COMMITMENTS TO COLLIER COUNTY BEING MET - APPROVED This is Item 10.G on your agenda this morning. It's a request to reconsider agenda item number 10 .H, which was previously heard by the Board of County Commissioners at the October 26th, 2010 BCC meeting regarding the North Naples Fire Control and Rescue District's application for a certificate of public convenience and necessity. It's a motion to reconsider or bring back at the next BCC meeting following the Blue Ribbon Committee's final report, which was heard on January 11, 2011. Mr. Dan Summers, your Director of the Bureau of Emergency Services will begin the report. CHAIRMAN COYLE: Before you begin, I'd like to ask all persons who are going to provide testimony in this item to stand, raise your hand and be sworn in by the court reporter, please. (All speakers were duly sworn.) CHAIRMAN COYLE: Thank you. Page 32 January 25, 2011 And could you tell me how many registered speakers we have? MR. MITCHELL: We have 17. MR.OCHS: Seventeen, okay. MR. MITCHELL: Ex parte, Mr. Chairman. CHAIRMAN COYLE: Okay, we'll start with Commissioner Henning on ex parte. COMMISSIONER HENNING: Good morning. I met with Rich Y ovanovich and staff from North Naples Fire District, including Commissioner Lombardo. Received several e-mails from the constituents. Don't believe the Blue Ribbon report is a part of that. Received some phone calls from constituents and Commissioner Lombardo. That's all I have. CHAIRMAN COYLE: Okay, Commissioner Coletta? COMMISSIONER COLETTA: It would be easier to list the people I haven't talked to. You know, just everyone that Commissioner Henning mentioned several times over, over many years on subjects related to this coming to it. And as early as this morning I got a call from Chief Metzger coming in, who talked to me for about 10 minutes. And out in the hallway I had the pleasure of talking to Duane Billington and several other people regarding this . Issue. And everything I have is in my record here for anyone who wants to see it, e-mails, phone calls, numerous contacts. CHAIRMAN COYLE: Thank you very much. I'm pretty much in the same position. We've heard -- we've had a lot of contact with the fire districts and other representatives concerning the item of a certificate over a long period of time. But I have had meetings, telephone calls, correspondence. They are included in my file here. I met with members of the Blue Ribbon committee, but I am not certain that we specifically discussed the certificate. We talked about the administration of advanced life support services in Collier County. Page 33 January 25, 2011 And I don't know that it specifically touched upon a certificate for North Naples Fire District. But nevertheless, I have talked with a lot of people. We've identified them all here. And as I've said, they include the members of the Blue Ribbon committee and members of the fire districts and interested citizens. If anybody wants to see them, we've got a correspondence file. Commissioner Fiala? COMMISSIONER COMMISSIONER FIALA: Yes. Well, I, like Commissioner Coletta and Commissioner Coyle, have met with lots of people. I guess if I would say to the audience raise your hands, half the hands in the audience would go up. Met with people from North Naples Fire, as well as from EMS. I met with people out at my Marco office as well as in this office. I've talked with people on the telephone, including people from the Blue Ribbon Committee in my home as well as in the office and from my car. And also I've talked with my son, who works for EMS. And I've talked with the attorney for North Naples Fire. I've talked with other fire people around the county. So, boy, oh boy, if I just said raise your hands. And here is most of the information that I have; it is on file for anyone's inspection. ... CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Thank you. I have had meetings, correspondence, e-mails and calls with all the service providers in Collier County. I've spoken to the leaders within EMS. I've spoken to the fire chiefs of all the districts in Collier County. I've spoken to representatives of the Sheriffs Office who oversee the administration of 9-1-1. I've spoken to so many people, it's really unbelievable. I want to thank everybody for their input. And if anybody would like to see any of the information that I have with respect to these communications, they're available for public viewing. Page 34 January 25, 2011 CHAIRMAN COYLE: Okay. With that, let's get started. MR. SUMMERS: Mr. Chairman, good morning. For the record, Dan Summers, Director of the Collier County Bureau of Emergency Services and Emergency Management. My comments are brief to allow you to revisit the Certificate of Public Need and Necessity requested by the North Naples Fire Control and Rescue District. I may use some acronyms or abbreviations throughout the process so I'll make sure I do my best to correct that. Just a quick history on this particular item, Commissioners. On or about September 18th of2009, County Manager's office received an application for a non-transport Certificate of Public Need and Necessity, as governed in your County Ordinance 2006-15 from the North Naples Fire Control and Rescue District. The application went through a period of temporary suspense by the applicant as North Naples took some time with some additional discussions, and subsequently reopened the application on or about May 17th of 2009. Meetings and discussions with both the chiefs and agents on these issues have been and I'm sure will continue to be most collegial. During this period additional information and correspondence was requested from the district and that information was received. Per the ordinance, I deemed the application complete on or about June 29th. Subsequently you have heard that meeting, and I believe that was on the October 26th board meeting you heard that item and are now revisiting. My communication and analysis to you for that request was made in the form of a binder. Copies were filed with the clerk for public viewing. It was a rather hefty document with a fair amount of information provided in that. But we did attempt to capture and catalog all of that discussion. I'd like to offer a couple of brief points so that you can come back Page 35 January 25, 2011 for this discussion. And those points are as follows: The COPCN effort in the Ordinance 2005-16 speaks in terms of countywide impact. This is a request for a non-transport within a particular district. I have concern that I don't see clear path under the partial service delivery change within a district as opposed to a county within the portions of the COPCN umbrella. And that's part of my recommendation for denial that was in the earlier correspondence. Secondly, we have the ongoing review efforts with the Blue Ribbon study as directed by the board and, as you mentioned, some direct or inconnect (sic) activity with that particular report. Section 7 of the ordinance otherwise requires demonstration by the ordinance. There are some challenges in that. I won't go into any particular details on that today. Commissioners, another observation in this recommendation for the denial of the mainstay of -- or the reason for the denial, rather, is one of the mainstays that I think is important to highlight with you in the delivery of the emergency medical care services. And that's best described as, as you address this one, health, safety, welfare and risk mitigation in the always uncertain environment in the delivery of pre-hospital care. EMS management is firmly rooted in making stability out of instability in the delivery of pre-hospital care. Single point medical control, single point medical direction, I think is the best tool that stabilizes that pre-hospital care environment. And I'm going to elaborate on that. One of the things that we have to make sure that's for the best interest of all patients is any gaps in the transfer of patients, in the case of gaps or incidents that could occur potentially between conflicting advanced life support providers transitioning between response and transport. Items that are vulnerable include patient history, medications and medications administered on the scene. While no fault, and I can assure you, while no fault of either provider in this case, whether it would be North Naples Fire District or the county, not Page 36 January 25, 2011 only is quality assurance of concern, but malpractice is of concern, in my opinion, as it relates to reporting to either two different medical directors in the COPCN framework, as requested by the applicant, even with a commitment to one set of medical protocol. Stated somewhat differently, it's the continuum of care, the transfer of patient outside of a single medical control, not just protocol, but your single point medical licensure outside of your medical director causes me the most concern for granting the COPCN. I'd like to note favorably some of the recent operational changes provided by North Naples, such as their quick response or squad-type vehicle efforts response to medical calls and other ongoing operational issues that we have resolved in recent discussions. We continue to jointly advocate good communications and professionalism on the scene. And I'm sure those efforts will only continue to improve. Commissioners, one other component that I think is noteworthy here is that in the Blue Ribbon report, and I understand your discussion on acceptance or comments on that particular report, but it does recommend that if you do look towards an advanced life support fire-based program that it does include a pilot effort with transport. So I would encourage you that I think that if you're trying to fit the COPCN discussion into the delivery at north based on what the Blue Ribbon Committee information is providing, that your other -- your only really best bet in that environment is that recommendation, which includes transport. I appreciate and have great respect and passion -- respect and interest in the passion provided by the applicant. I have great respect for working out in the field with these men and women. It's my recommendation to deny the COPCN application and to revisit an advanced life support interlocal agreement while continuing to look -- and we remain committed to looking at the Blue Ribbon recommendations as well as others data, as well as working systemwide with other stakeholders for improvement. I'm confident Page 37 January 25, 2011 that we could get to where we all want to be outside of the COPCN framework of the ordinance with a renewed commitment to single point medical control. Thank you for the opportunity. I'll be available for any questions, Mr. Chairman. CHAIRMAN COYLE: Thank you very much. Does anyone have questions of Mr. Summers? Commissioner Hiller? COMMISSIONER HILLER: Thank you for your presentation. Your EMS paramedics experience a great deal of overtime; is that correct? MR. SUMMERS: Ma'am, there is overtime under the -- remember that EMS is exempt under the Fair Labor Standards Act. So we do have overtime in an environment that is considered regulatory and non-regulatory, if I can use those particular words. But yes, there's an overtime process, as there typically is overtime ratings within the fire service. However, federal law requires that they're coded different. You do see that. EMS is not part of that Fair Labor Standards Act and is only under the 40 hour. So you do see an overtime number. But we remain within that typical 52, 56-our workweek, as does fire. COMMISSIONER HILLER: So you do not have overtime related to the fact that you have a shortage in staff? MR. SUMMERS: We do have overtime, and staffing is-- COMMISSIONER HILLER: You have a shortage in staff? MR. SUMMERS: We are at the absolute bare minimum. And we are as true as we possibly can be with our existing resources. I wasn't prepared for an overtime report but I'll be glad -- COMMISSIONER HILLER: I don't need one. MR. SUMMERS: No, no, but I'll be more than happy to revisit that issue with you. It is -- every organization challenges that. But with on 24, off 48 Page 38 January 25, 2011 type scheduling, we're all at minimum. So we do work hard in that. And I'll be glad to get some additional -- COMMISSIONER HILLER: And I really admire and respect the EMS paramedics for all the work they do. But that really isn't my point. You are at a bare minimum; you just stated that for the record. That is very concerning to me. We can't be operating on a thread when it comes to providing emergency medical services. You have paramedics working overtime because the service needs to be provided and we are unable to hire more paramedics. I'm very concerned about that. We don't have the ability to increase our budget because we're fiscally constrained. MR. SUMMERS: May I respond to that, ma'am, just briefly? I'm sorry, I didn't -- COMMISSIONER HILLER: Let me just finish my train of thought and then I would appreciate your response. Because I think you made some very important points that from a public safety standpoint are very important to me and to the public. As I was saying, you are operating on a shoestring budget. You have paramedics who are working overtime because we can't hire more people. And basically you're operating at a bare minimum. At the same time, you're saying that the COPCN should be denied because you can't see the benefit to the overall county by adding a medical director to North Naples who would take responsibility for the administration, the management, the protocols of North Naples paramedics, that would be ALS certified and would supplement the existing burden that EMS is experiencing as a result of budgetary constraints. I think you've made a very compelling argument in your statements that in fact awarding a COPCN to North Naples would benefit public safety in the county and would add more paramedics to service our strained paramedic team. Page 39 January 25, 2011 You did indicate that, you know, the law basically provides how your paramedics are paid overtime, and I appreciate that. But what is also positive in my mind from a financial standpoint is that by allowing the paramedics to have the aid of North Naples ALS-certified paramedics, they won't be as physically pressured with all this overtime and they will be able to provide service. Because one of the things that's very important in terms of providing service, emergency service, is that you don't have paramedics who are so tired because they have worked so much overtime so that they can deliver that care on the scene necessary to save the life injeopardy. So that's one issue I'd like to make. I think you've made a very clear argument that in fact there is a very positive countywide impact by awarding the COPCN. You then address risk mitigation. And you said that there is a risk if the COPCN is awarded to North Naples. In fact, there is risk mitigation to the county by awarding the COPCN, because what in fact you're now doing is you are shifting risk from the Board of County Commissioners and from Dr. Tober as the only medical director we have to another medical director who is bound by the same statutes and the same ordinance and the same protocols and the same standards that Dr. Tober is. But we are shifting the risk. So in fact in terms of risk mitigation, while you say there is none, your argument actually makes a compelling case that there is tremendous risk mitigation because now we have a medical director not only over the existing pool of paramedics we have, but we have another medical director who will be overseeing the supplemental pool that will add to the level of service in Collier County. Many jurisdictions have multiple medical directors. In fact, it is very common to have multiple medical directors in a single jurisdiction, and state statute allows for that. So from that standpoint I Page 40 January 25, 2011 would have to say I don't see an increase in malpractice risk, I see a decrease in malpractice risk. It will free up Dr. Tober to concentrate on the paramedics he has under his jurisdiction, while the other medical director concentrates on the North Naples paramedics who Dr. Tober used to supervise. CHAIRMAN COYLE: Is this a filibuster? COMMISSIONER HILLER: No, it's not. I want to address -- I want to address our director's comments, and I'd like him to give me feedback. CHAIRMAN COYLE: When do you want him to do that? COMMISSIONER HILLER: Well, I'm going to get to that. The next issue that you bring up is gaps in transfer. And you indicated that you have a concern about gaps in transfer. And I'm repeating what you're saying because I want to make sure I'm accurately hearing your presentation, because it is very, very important, and I value your input. You actually have multiple gaps in transfer. First you have the lay person who sees the victim, if it's a witnessed incident. Then you have the BLS provider, the ALS provider, transport and hospital. So in terms of transfer, you have multiple stages of transfer. With respect to transport, here's a simple solution. The paramedic who provides the aid -- regardless of who provides the transport, because quite frankly, we could contract transport out; I mean, ambulance services can be privately contracted -- would ride along. And that eliminates that issue altogether. Then you have continuous care, be it the ALS paramedic, the BLS paramedic, or even the medical director or another doctor who may be on scene. So I think there's an easy way to cure that issue. And I'd like your thoughts on what I've said. MR. SUMMERS: Commissioner, let me take one component at a time, if I may. And if I missed one, help me out here. I would like to have -- defer to Chief Page just a little bit to talk Page 41 January 25, 2011 to you about manning. And we'll make sure that our definitions are the same. So in fact let's just let Chief Page address the manning issue first, and then I'll come back and address some of your other components there, if you don't mind. Chief Page? CHIEF PAGE: Good morning, Commissioners. Jeff Page with Emergency Medical Services. Commissioner, right now due to a recent resignation last week, I have one full-time opening. In addition to that, Fire and EMS, we both work a 24 on, 48 off. So they're not worked any more than what the fire departments are worked. How they're paid, though, is different, as Director Summers pointed out. After 40 hours they do result in overtime. But the way that that's -- their actual hourly rate is achieved is you take their annual salary and you factor in that automatic overtime to get their hourly rate. So it's really not that they're working more because of vacancies, although we do have vacations, sicknesses, things of that nature, we also have about 21 part-time employees that backfill. So it's not really a result of because we're understaffed. We're not. COMMISSIONER HILLER: I sat in multiple AUIR hearings regarding EMS funding in the past. And what I always heard is that you're underfunded and short-staffed. So I have concerns, because Mr. Summers just said that you're all operating on a shoestring. And here's a way to supplement that. We can't operate EMS, you know, at a bare minimum, okay, that's not an option. Public safety is the number one obligation of the county. And funding EMS services is absolutely a priority. CHIEF PAGE: I understand, Commissioner. But you'll also remember that the productivity committee and the Planning Commission made that recommendation a few years back where they wanted to change our level of service based on the ALS engine component. Page 42 January 25, 2011 The fact that they are arriving there, that they have ALS capability, they reduced our units by two. Therefore, that attrition that we were feeling at that point was wiped out. So really, we're fully staffed and we're based on the need to be there with an eight minute travel time. If you take a look at the ALS engine programs that we currently have in the City of Naples, Marco, Isles of Capri and Ochopee, the main goal is to get someone there with an AED component within four minutes of travel time, because that's what saves lives is the defibrillator, and within eight minutes is the National Fire Protection Agency recommendation for the ALS component. So whether an ALS engine gets there before the transport is really insignificant. Does that clear that up for you? COMMISSIONER HILLER: No, it doesn't. But thank you. CHIEF PAGE: Okay. MR. SUMMERS: Commissioners, the other comment that you made a little bit about the -- I'll try to summarize a little bit, where you mentioned the dual medical directors or multiple medical directors with multiple levels of care. I think -- COMMISSIONER HILLER: Not with multiple levels of care, two multiple medical directors. MR. SUMMERS: Multiple medical directors. COMMISSIONER HILLER: The protocol -- the standards within a community are uniform and are set by law. So whether we have one, two, three or five medical directors, they're all bound by the same statute and the same ordinance. The quality of care, which is established by standard, will be uniform throughout the community. MR. SUMMERS: Yes, ma'am. Let me fill you in. Let me restate the purposes. You mentioned the BLS, the citizen bystander response, the basic life support response, the great support that we get from law enforcement, sheriffs and other public works folks with AED Page 43 January 25, 2011 deployment. Each one of those is an incremental level in care. And it is incremental. That's how we, again, address some of the risk management issues that I couched earlier in a general framework. So while you have that, and yes, there are other model deliveries in other communities, it is not necessary in any community to cookie cutter what might be done in other communities. There is -- while there is a centerline that you want in the delivery of pre-hospital care, and one that has been very well established and supported well by this board, puts us in an environment where you have that good -- and when I refer to minimums of care or minimums of personnel, not that we were ever fat or rich before, and I have told this board repeatedly in budget conditions that we are -- we will work at our very best, and if I feel like that there are shortages, this board has told me to come back and discuss that with them. So maybe my minimal manning is not a good right word. But we are right-sized to the environment that we have at this particular point. However-- COMMISSIONER HILLER: But you say you're right-sized, but the response times don't reflect that. MR. SUMMERS : Well, response times are very -- there are seasonal patterns in response issues. There are -- as you saw by this report, there are daily fluctuations in service demand, there are seasonal demands, there are traffic issues. So -- but on the whole, when you look at the system as a whole, ma'am, we meet that very well. And we do that part and part because of our fire partners that are here. So from a system perspective, by no stretch is it broken, but we manage that, and I think very well, based on our outcomes. COMMISSIONER HILLER: I'm not sure that I agree with your characterization. I don't believe that the response times are where they could be if you had supplemental support. And quite frankly, it's all about response time. The rapidity of response is what is the key to emergency services. It's all about Page 44 January 25, 2011 getting there as quickly as possible. And it's all about administering aid to save a life, stabilize a patient as quickly as possible. MR. SUMMERS: Yes, ma'am. And I am certainly in your court in that methodology. And we have delivery components such as bystanders, more deployment of AED's, law enforcement and public utilities deployment as well as our partners in the fire service. So I would agree with you in that environment, yes, ma'am. CHAIRMAN COYLE: We are going to take a 10-minute break, and we're going to give some of the other commissioners a chance to talk when we come back. COMMISSIONER HENNING: I have questions, I don't want to talk. CHAIRMAN COYLE: Well, that's precisely the point. So we'll give you a chance to ask questions. And Commissioner Fiala. So thank you very much, we'll be back in 10 minutes. (A recess was taken.) MR. SHEFFIELD: Mr. Chairman, you have a live mic. Ladies and gentlemen, please take your seats. CHAIRMAN COYLE: Is Commissioner Henning here? He's next. Commissioner Henning, it's all yours. COMMISSIONER HENNING: Mr. Summers, in our executive summary it says the board is supposed to have a finding of fact of Ordinance 04-12, Section 7, but in your presentation, you're telling me it actually is 05-16. It sounds like the ordinance that I have here to follow along with the executive summary has been amended to 05-16, so I don't know exactly the reason for the amended 04-12, and whether it really pertains to the issue of a certificate of need. So I just want to let you be aware of that. The second thing is, in the AUIR as presented to the Board of Commissioners, are those seasonal standards that you go by, or are Page 45 January 25, 2011 they average standards? MR. SUMMERS: Let me check on the technology. Chief Page, I want to double check, make sure that on -- those AUIR's are noted as seasonal averages. MR.OCHS: Peak population? MR. SUMMERS: Right. On the peak population component. Yes, sir. COMMISSIONER HENNING: In the AUIR, they're set at minimum standards; is that correct? MR. SUMMERS: There's a -- that is determin -- well, you all set that policy, but that's done with -- the benchmark there is looking at the eight-minute response time component. COMMISSIONER HENNING: That's the minimum standard, eight minutes? MR. SUMMERS: Not a minimum standard, it's a target. COMMISSIONER HENNING: It's a target to reach. And of course we know we're not reaching, you know, those standards all the time. But there's highs and lows so there's an average; is that a correct statement? MR. SUMMERS: There are highs and lows, correct. And then, Commissioners, you all -- there was direction, as I recall, I don't have chapter and verse of the AUIR in front of me today, so I'll be very careful, but there's also components there in terms of how we were addressing eastern sections of Collier County where those response times in the more remote areas obviously affected us, as well as some of the response times on Interstate 75. So systemwide, yes, there is a curve there that we work very hard to address. COMMISSIONER HENNING: Would it break your heart if we exceeded those standards? MR. SUMMERS: Absolutely -- well, exceeded in terms of improving, absolutely not. We're always looking to do that and we Page 46 January 25, 2011 follow that component. And you have our commitment that if there are opportunities to do more better or the resources are there, we'll certainly do that. But we -- COMMISSIONER HENNING: Could there be opportunities through partnerships? MR. SUMMERS: Well, you have those presently. We have those partnerships via the advanced life support interlocal agreement with Marco Island. Again, the demographics and geography from the hospital being somewhat different, Ochopee, Capri, the City of Naples, in terms of life support agreements which are part of that response component that do indeed help. COMMISSIONER HENNING: Does Marco Island, Ochopee, Isles of Capri or the City of Naples respond to North Naples? MR. SUMMERS: No, sir, they do not. But we have had like ALS agreements in the past at North Naples and feel like that still is a viable mechanism to go ahead and revisit that opportunity for delivery . COMMISSIONER HENNING: Thank you. MR. SUMMERS: Thank you, sir. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER COMMISSIONER FIALA: Yes. Might I suggest, Commissioner Coyle, that possibly we hear all of the testimony and the presentations from all sides of this issue and then hear from our speakers? I'd really like to hear from the public before we continue with any of our own questioning. And then after we've once gotten a full and complete picture of the issue, then we start our questions. Would that be all right? CHAIRMAN COYLE: I think that's a wonderful -- COMMISSIONER COLETTA: I'd be more than willing to wait, but keep my light on. CHAIRMAN COYLE: You have to remember, this is a rehearing. We've already heard all this stuff before. What is it you're Page 47 January 25, 2011 going to tell us that's new, that's what I'd like to hear. COMMISSIONER HILLER: I'm on the board. I'd like to hear it. CHAIRMAN COYLE: That's fine, and you're going to get to hear it. COMMISSIONER HILLER: And I'd like the opportunity to ask questions to the speakers who maybe -- CHAIRMAN COYLE: Ms. Hiller, if you're going to dominate discussions, what we will do is we will set a time limit for each Commissioner here. It is important that all the Commissioners get an opportunity to be heard, and you can't take up the entire day talking about it. So you take your choice, you want to be on the clock, and I'll put them all on the clock, okay? So I want to hear the public, quite frankly. And I'm going to call -- no, I need to give the fire district an opportunity to make their presentation. Now, Mr. Summers took nine minutes to make his presentation, and the rest of the time, which was 37 minutes, was used in -- I'm sorry, 27 minutes, was used in questioning or interrogating Mr. Summers. We will provide you the same time to make your presentation. And if any of us want to interrogate you for 17 minutes, we'll do that too. But I don't think you're going to have that problem. COMMISSIONER HILLER: May I make a comment? This is a quasi-judicial hearing -- CHAIRMAN COYLE: Yes, it is, and will you please -- who is going to be making the presentation? Is it going to be you, Mr. Yovanovich? MR. YOV ANOVICH: Good morning. For the record, Rich Y ovanovich. What I planned on doing is a few brief comments in response to some of the stuff that Mr. Summers said, and then George Aguilera is going to go through in detail, and there's no way he's going to do it in Page 48 January 25, 2011 nine minutes. The education -- what we're here for, we went through an extensive hearing, as you remember. And during that hearing there was a lot of public testimony and a lot of testimony regarding the need. We believe we proved there's a need. What we heard from people was we didn't focus enough on the quality of service we were going to provide. And so we were prepared to come back today to provide you with our education plan and training plan for our paramedics so that you know and the public knows when the paramedic arrives from North Naples they are properly trained in Dr. Tober's protocols and they'll be competent. So George is going to take you through that education plan. I just wanted to briefly make a couple comments about -- and it's real brief, Commissioner, I appreciate that, because I always thought we were going to go first, but staff went first. So I just wanted to address a couple of things that Dan said that are beyond the training aspects that we will be focusing on. We don't have a lot of public speakers here. In fact, we've asked our public speakers not to come speak, they were heard the last time. And we wanted to focus on the training aspects, not the emotional issues that were addressed the last time. So from the public's side, we're very brief. CHAIRMAN COYLE: I don't have any problem with you presenting new data, okay. I won't restrict you from doing that at all -- MR. YOV ANOVICH: That's what we're going to focus on, new data. We're not going to rehash what was said at the last hearing. But if questions come up regarding that, we're available to answer those questions. CHAIRMAN COYLE: Yes. Then let's get on with it. MR. YOV ANOVICH: Okay. And to help me with questions, George will make the presentation on the training. But Chief Stolts is here, James Cunningham is here, Dr. Panozzo is here to also answer Page 49 January 25, 2011 questions, and obviously the former chairman, Chris Lombardo, who spoke last time, is here to answer questions. But I just wanted to touch on a couple of things. The COPCN is to supplement Collier County service, not to replace Collier County service. So I just wanted to address that. Chief Page pointed out from a community benefit that as a result of our ALS engines the county was able to avoid putting two units in service. So there was a public benefit from a fiscal standpoint as well as a quality of service standpoint. The risk management question. Either I didn't make it clear, but from a risk management standpoint, our paramedic, if they started the ALS service, was always going to follow through with that patient from the initial contact all the way through to the hospital. They were going to ride in the ambulance in the back with the patient. So from a risk management standpoint, it's not there. And that also addresses continuum of care. And the comment about we're supposed to provide service countywide, that is in fact not what the ordinance says. The ordinance actually tells us to tell you what our proposed boundary is. We're just supposed to provide a countywide benefit, not provide service countywide. So we provide a countywide benefit by supplementing the service. And George will now focus on the training aspect of our paramedics so that everybody can be comfortable that they will receive the best care. CHAIRMAN COYLE: Thank you. MR. AGUILERA: Good morning, Commissioners. For the record, George Aguilera, Deputy Chief of Medical Services for the North Naples Fire Department. As Richard said, I'm going to try to be brief. I'm going to try to provide you new information that will hopefully answer some questions or information that wasn't provided before. Page 50 January 25, 2011 Again, my goal is to provide you a little bit of what North Naples __ an overview of what North Naples is looking to provide as far as providing training, as well as assurance of competency for all our paramedics. As well, I'm going to kind of identify some of the immediate benefits that we believe issuing a COPCN to the North Naples Fire Department will have on the entire system. As Richard said, the intent of the NNFD ALS engine program is to simply augment the Collier County EMS system. It was never ever meant to replace it. The NNFD has all the necessary paramedics to provide the requested level of service through our application. No additional monies are necessary. In other words, the district is not seeking any tax, industry fees or any other monetary requests in order to provide the level of service requested. Most importantly, we believe that the ALS program as proposed in our COPCN application is without a doubt in concert with the Blue Ribbon Committee's recommendations. Our training, we look at it two ways: There's an initial component of the training and then there's an ongoing or competency part of training. All our medical -- all our education will be based on the Collier County protocol, which is developed by Dr. Tober. All education that we provide now through our continuing education program will follow and does follow Florida Statute 401 and Florida Administration Code 64J. In fact, North Naples is recognized by the State of Florida and authorized to provide continuing education. And most recently through a partnership with Edison State College, we are now also able to provide EMT and paramedic primary education. And that is authorized through the Department of Health. Even though all our paramedics are currently trained to the common protocol, our intention is as the COPCN is issued we're going to rally and provide an additional very concise 40 hours of additional Page 51 January 25, 2011 education focusing on the new changes that are just coming out in February of2011 on the protocol. That training will be delivered one-on-one through our medical director. As well as part of initial certification, all paramedics will be tested. They will be taking a written exam. This will be based on the common medical protocol. The exam will be prepared by a third party administrator. The North Naples Fire Department's current entire promotional process is not handled internally. There is no involvement of internal staff in either preparing or the administration or the grading or the validating. We will tend to -- our plan is to use the same process to do the written examination. Obviously each candidate must pass with an 80 or better. As done at EMS, we're going to do scenario-based evaluations. This is basically a one-on-one, almost related to the medical profession as an oral board between the individual paramedics and the medical director to assure that not only do they comprehend the protocol but that they can apply it correctly. Really, the crux of this, and a lot of the discussion is on competency, which I call basically the ongoing educational side: How do we assure that they know what they're doing. The district medical director has developed what we call a credentialing and privileging as well as a clinical performance benchmark program. What is that? Basically it's designed to monitor and measure paramedics' performance and exposure to clinical opportunities. This is just the front page of it. And as you can see, basically what it does is it allows the medical director as well as staff to follow the progress of individual paramedics. We develop proposed benchmark, which are being done as we speak, and we test them to make sure that each paramedic and as well as our EMT's are hitting the required clinical and/or performance benchmarks. If you can notice, this is a failure to meet benchmark. We have no intentions of keeping or using paramedics that somehow for Page 52 January 25, 2011 whatever reason fail to meet the benchmark. In fact, if you can read in the parentheses there, failure to meet requirement within the additional 30 days shall result in immediate revoking of paramedic privileges. Our commitment is to make sure that every paramedic has the skills, training required to do the job correctly. This process that was developed is very similar to what physicians do nowadays. When they go to a hospital they have to get credentialed by the facility that they're going to be practicing in. The model used here is very similar to that. They have to provide proof of experience to continue on. One other thing is obviously the hands on and clinical side. As Richard said, one of the things is this continuity of care issue. What we intend to do and have offered multiple times, that any time one of our paramedics is on scene first and start advanced life support and/or if the patient condition or illness or injury requires an additional set of expert hands, we will put our paramedic and transport to the hospital with Collier County EMS. There will be no gap, there will be no misunderstanding, there will be no differences in clinical assessment. They will work together in order to get the patient to the hospital, assuring continuity of care. And this will be done as well as through the Collier County common medical protocol. Not only does this provide clinical opportunities, which again are critically important, but think about the enhancement to the level of care provided when you can put two skilled hands in the back, rather than one. Statute is clear, it requires to do continuous quality assurance and improvement. That will be done. And that will be done in compliance with State Statute 401 and the rules in 64J. We will use a combination of physical reviews by the medical director, as well as computer generated reviews. Hospital clinicals is a new thing that we've implemented. We've had for a while, but we've resurrected it. We have an affiliation Page 53 January 25, 2011 agreement with Physicians Regional to allow our paramedics to shadow ER physicians and work with them as they're going through the assessment, as well as practicing clinical pieces of medicine. Simulation training, something that is very available, underused, we're going to spearhead that as well. Really, one of the most important is actual face-to-face education with the physician. We have basically the luxury of having 50 paramedics and -- to really one medical director, which allows quite a bit more face time than in most services. And that is going to be an absolute crown jewel to our program. But really, I think the most important part of what we're predicting as far as from a competency standpoint is, I'll tell you what, we have the distinct pleasure of having two physicians that are dedicated in providing opportunity of riding with us. In other words, they actually come out and actually do clinical ride times and keep the eyes on the paramedics. That is two. And they ride not sometimes on the same day, but they split days. Not always continuous, they're not prescheduled, but we have two physicians that are out there riding, responding to calls and monitoring the performance of our individuals. Training can get a lot more involved. And I kept it brief just for the sort. I mean, we can get into outlines, training schedules, educational outlines and so on, but I'll commit to being brief. So let me go into some of the immediate impacts. Improve -- I believe improve the level of medical education to the EMT's and paramedics of the North Naples Fire Department by allowing the district medical director working in conjunction with the office of the medical director to ensure a good continuity of education. It's a one position to 50 paramedics. The district medical director will adopt the common protocol. That alleviates the aspect or the thought of fragmentations of care. One protocol. The district will participate in a quality assurance program. Page 54 January 25, 2011 Again, one mode of quality assurance, and alleviating the risk of a fragmented quality of care system. It alleviates the county's medical legal liability, since the district EMT's and the paramedics will become the responsibility of the district medical director and the North Naples Fire Department. It has been said in countless public forums, one, the county medical director is very busy, and many times, he has articulated clearly, unable to accept any additional individuals under him for education. And as well as he has stated his concerns reference liability. With our CON, we're going to take responsibility over both of those. Again, enhanced level of care by providing an extra set of hands and providing a third, what we call a three-person crew and putting two medics in the back with these critically ill and injured patients cannot be anything other than an enhancement. It's currently being done in Marco Island very successfully. It allows the county to reevaluate its current allocation of resources. And this is one of the perspectives, is how does our CON benefit the countywide EMS system. The county allows the county to reevaluate its allocation of resources and potentially consider reallocating existing county staffnon-ALS tranport units to other areas in the county which are currently being underserved. This potential increase in the level of service can be achieved with no additional monies to shifting resources. I'm going to get to the closing. I think it's quick, we've put a lot of attention and work to the Blue Ribbon committee and their product, which was absolutely excellent. There are a couple statements from the report that I feel dovetail nicely with what we're requesting for non-transport. They state: The start of a refresh, pre-hospital emergency medical transport -- treatment and transport model needs to focus on who arrives on scene the quickest with the highest level of training and expertise in order to begin treatment that will quickly prepare the Page 55 January 25, 2011 patient for transport. That is absolutely what we're proposing. A positive step would entail the use of ALS engines and emergency transport services within these service -- within these fire districts. Again, that is what we're proposing. Mandate that all agencies providing ALS services also provide transport. Weare doing that. Weare committed that if we start ALS services prior to EMS or if the patient's condition meets that additional expertise, we will, for continuity of care, go to the hospital with the patient. The fire districts would develop a management process for position control that would professionally manage the number of paramedics and EMT's within the district to ensure quality and expertise through training. That really summarizes what I'm here telling you, is our training perspective is basically in line with the recommendations from the Blue Ribbon Committee. In closing, please support the issuance of a COPCN for ALS non-transport to the district. We believe it will lay the groundwork to build new relationships and maybe even revive some old ones. It will absolutely set the stage for the Blue Ribbon committee's report and other recommendations that I've made that we feel are very valuable. By ordinance, in one year we'll be in front of you. And this way you can actually grade us and grade us in how successful we are. A COPCN is a one-year agreement between the North Naples District and the Board of County Commissioners. Thank you. CHAIRMAN COYLE: Thank you. You mentioned that the other people with you were there to answer questions. Page 56 January 25, 2011 MR. YOV ANOVICH: Answer questions you may have. CHAIRMAN COYLE: That's the end of your formal presentation; is that correct? MR. YOV ANOVICH: And I hope everything was pretty new. Yes. CHAIRMAN COYLE: It was. It was very informative and it was in fact new. Do any Commissioners have any questions from Mr. Y ovanovich or any of the other members of the North Naples Fire District who are here to answer questions? COMMISSIONER COLETTA: I thought we were going to wait until after the public speakers. CHAIRMAN COYLE: Well, what I'd like to do is make sure you get everything you need to get from the petitioner, and then we listen to the -- but no speeches. We'll have plenty of time to debate it once we close the public hearing. If you've got questions, make them succinct questions, give them a chance to respond, and let's move on with it. Okay? So Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir. CHAIRMAN COYLE: I think you're up. COMMISSIONER COLETTA: Well, I was going to ask this of county staff, but Mr. Y ovanovich, I'd like to get your spin on it. The -- if the COPCN is enacted within North Naples Fire Department and if the shell bill takes place -- and of course there's a lot of ifs to this, but we always have to look forward to the future, hopefully with great expectations -- and if they get their shell bill and they become an entity within themselves to allow other people to come into it, with the fire departments coming into the North Naples Fire Department along with the COPCN, would they be already grandfathered in because the North Naples Fire Department has that in place? MR. YOV ANOVICH: I'm going to ask Laura Donaldson to Page 57 January 25, 2011 answer that, since she's handling the actual consolidation bill, so she'll be able to answer that question. COMMISSIONER COLETTA: You started off with the word if. MS. DONALDSON: For the record, Laura Donaldson on behalf of North Naples Fire Control District. In that scenario, under state law and your county ordinance the COPCN cannot be assigned or transferred. So upon the merger actually happening, because there's a vote and then there's like a year delay because we have to get the new district operational, the new district would not be grandfathered in. Actually, North Naples would not be grandfathered in upon the merger to the Southwest Florida Control and Rescue District, they would have to come back and re-apply for a new COPCN from the county. And that's in county code, Section 50.63. It specifically states that it prohibits a transfer of a certificate unless approval is obtained from the Board of County Commissioners. So in your scenario we would have to -- if the new district was created, we would have to come back to the board to transfer the license -- or the COPCN to the new district. COMMISSIONER COLETTA: Well, so in other words, when the district goes to forum, they would be a new entity, so they would have to have the approval. And if that approval takes place, anyone else coming into the district would come under that umbrella. MS. DONALDSON: Correct. COMMISSIONER COLETTA: Okay, I understand totally. I have quite a few questions, but I'm going to give everybody a chance, and I'll do it during the rest of the meeting. CHAIRMAN COYLE: Following that same line of questioning, I'd just like the County Attorney to weigh in on that issue. Do you agree with that interpretation? MR. KLATZKOW: Yes. CHAIRMAN COYLE: Okay. Anybody have any other Page 58 January 25, 2011 questions of Mr. Y ovanovich? COMMISSIONER HILLER: I do. CHAIRMAN COYLE: Okay, Commissioner Henning? COMMISSIONER HENNING: How would this improve the overall services in Collier County? Or will it? MR. YOV ANOVICH: Well, I mean, I think the -- it clearly will by, first of all, you'll have additional paramedics who will be able to respond to an event that may require ALS-type services. And as we showed you at the last hearing, there are many instances throughout the year where North Naples paramedic is there first and, through nobody's fault, it takes a while for county EMS to get there to provide those services. So from a countywide perspective you're going to have a higher level of care because you'll have additional well-trained paramedics in the field responding to events that require advanced life support . serVIces. And if George needs to supplement that, I think that -- COMMISSIONER HENNING: Ifhe agrees with it, I'm fine. MR. AGUILERA: That's exactly right. COMMISSIONER HENNING: The next question is, would there be any costs? Ifwe issue the one-year license, would there be any costs associated to (sic) that to the county, directly or indirectly? MR. YOV ANOVICH: No. This is already part of the North Naples Fire District budget, so there's no additional fees to anybody who will be receiving these services, either in North Naples or anywhere else in Collier County. COMMISSIONER HENNING: Would there be any negative effects to the existing hospitals? And George, you said that you would provide paramedics to ride on the ambulance to the hospital. MR. AGUILERA: Correct. COMMISSIONER HENNING: But you didn't state whose Page 59 January 25, 2011 responsibility to get that personnel back to the station. MR. AGUILERA: We currently, when we do it, we'll either make arrangements through one of our battalion chiefs or one of our engines to go pick him up. COMMISSIONER HENNING: You said that there's 50 paramedics associated with this request for a license? MR. AGUILERA: We have 54 paramedics that we employ, yes. COMMISSIONER HENNING: Okay. How many of them are going to be providing ALS service? MR. AGUILERA: That will be part of our credentialing process. So I don't -- at the end of the day is how many will participate. I want to say 54. But we have -- once we implement our credentialing process, I don't know. COMMISSIONER HENNING: Well, a part of this I would like to have a number there. I think that's very important. MR. AGUILERA: Okay. COMMISSIONER HENNING: The concern that I have, and correct me if I'm wrong, what you've stated as far as the training and the protocol, adopted protocol, would be by North Naples medical doctor? No? MR. AGUILERA: Basically what the county will -- or the district will do is the county protocol that's being developed currently through the office of the medical director will be adopted as the North Naples protocol as well. So there will be no fragmentation. COMMISSIONER HENNING: Would the district be okay if the board in the future may appoint a medical authority and that authority may set the protocols for ALS service? Can the district agree on if that happens, that -- MR. AGUILERA: Yes. COMMISSIONER HENNING: Okay. Y oq have adequate revenue? MR. AGUILERA: Yes. Page 60 January 25, 2011 COMMISSIONER HENNING: I mean, these are all the requirement of findings that the board needs to do in an old ordinance. I'm assuming that is a part of the new ordinance. MR. AGUILERA: Correct. We provided a complete financial analysis. COMMISSIONER HENNING: What about, you said if an ALS engine -- I'm sorry, an ambulance is not available and a patient needs to go to the hospital right then, how are you going to transport them? MR. AGUILERA: We can't. That's -- what I said is, if we arrive on scene first and we start ALS, we are definitely going to go to the hospital. If for example we arrive on scene at the same time as the ambulance does but that patient is still sick enough that requires an additional set of hands, we will also go with the patient to the hospital. But if we're on scene first and the ambulance is not, we will basically have to provide the care we can and wait for the ambulance. COMMISSIONER HENNING: Is the district willing to provide transport? MR. YOV ANOVICH: That's a longer term issue. But Commissioner Henning, that's no different than the situation we have today. There are times when we arrive, we go through all of the basic life support that we're allowed to provide, and then we have to stop and wait for that ambulance to arrive. What we're asking is to allow us to continue on with that care, to provide advanced life support services until the ambulance gets there. That patient will be ready for the transport and we will be part of that transport. Now, longer term we can look at the issue about providing our own ambulances, the vehicle, but right now the vehicle is there and we will be part of that transport team through our COPN. And that's the advanced care you'll get. Because where we previously had to stop and wait, we can actually continue on to prepare that patient for the transport and go along as part of the transport. Page 61 January 25, 2011 COMMISSIONER HENNING: Okay, you've answered my questions, thank you. CHAIRMAN COYLE: Commissioner Coletta, you still want to wait, or you have questions? COMMISSIONER COLETTA: I'll wait. I'll wait for the speakers. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Picking up on the last point you just made, if I understand correctly what you are saying is what you are bringing to the table is rapid ALS so that a victim will not have to, or a patient will not have to wait till transport comes to get that necessary ALS care. MR. YOV ANOVICH: Correct. COMMISSIONER HILLER: So thereby increasing the level of service over what we have currently when you have a victim that needs rapid ALS that can't get it because we're waiting on transport to get to the scene. MR. YOV ANOVICH: Exactly. We believe we can be part of the team that provides a better overall patient care service. COMMISSIONER HILLER: I'd like to go back to the discussion about the permit. The COPCN, as was stated, is limited to one year; is that correct? MR. YOVANOVICH: Yes. COMMISSIONER HILLER: It's my understanding, based on my review of the law, that during the course of that year, if for any reason the Board of County Commissioners does not feel that things are working the way it was intended, that we have the ability to bring this back and repeal this; is that correct? MR. YOV ANOVICH: Yes, you have the ability, should it not be working, to bring it back and have a hearing and a discussion regarding whether the COPCN should continue on. COMMISSIONER HILLER: Thank you. Page 62 January 25, 2011 CHAIRMAN COYLE: Could we call the speakers, please. COMMISSIONER HILLER: Can I ask one more question? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HILLER: Do you have your medical director here today? MR. YOVANOVICH: Yes. COMMISSIONER HILLER: Could you bring him to the stand? DR. PANOZZO: Good morning. COMMISSIONER HILLER: Could you state your name for the record. DR. PANOZZO: I'm Dr. Jeff Panozzo. I'm the medical director for North Naples Fire. COMMISSIONER HILLER: Dr. Pan -- how do you pronounce that? DR. PANOZZO: Panozzo. COMMISSIONER HILLER: Panozzo. What's your first name? DR. PANOZZO: Jeff. COMMISSIONER HILLER: Jeff. Jeff. Do you mind, I don't think -- I'm not very good. Jeff, are you governed by the same statute that Dr. Tober, the county's medical director, is with respect to your conduct and your liability? DR. PANOZZO: I believe so. COMMISSIONER HILLER: Yes or no, please, not if you believe. I need to know. DR. PANOZZO: Yes. COMMISSIONER HILLER: So you're governed by all the same Florida statutes that govern the duties, responsibilities and liabilities of Dr. Tober. DR. PANOZZO: Yes. COMMISSIONER HILLER: Are you governed by the same rules, 64J and whatever other applicable rules govern Dr. Tober? Page 63 January 25, 2011 DR. PANOZZO: Yes. COMMISSIONER HILLER: You're governed by those as well. So you have the same duties, the same liabilities, same standards apply to you as apply to Dr. Tober? DR. PANOZZO: Yes. COMMISSIONER HILLER: Are you governed by the laws of Collier County with respect to level of service and standard of care as it relates to anyone that would be either working under you or any patient that would come in contact with anyone that you have licensed? DR. PANOZZO: Yes. COMMISSIONER HILLER: Is that the same set of ordinances, laws, if you will, at the local level that govern Dr. Tober? DR. PANOZZO: Yes. COMMISSIONER HILLER: So as I understand, this certificate, this permit, license, whatever you want to call it, basically will provide that you will administer the same protocols under the same standards that govern everybody in Collier County today, be it Dr. Tober or any of the paramedics that are licensed under him? DR. PANOZZO: Yes. COMMISSIONER HILLER: So in effect there can't be less of a quality of care administered to the residents of North Naples than throughout Collier County. DR. PANOZZO: That's correct. COMMISSIONER HILLER: And there is nothing brought forward today that in any way would lessen the quality of care throughout Collier County from what it is today. DR. PANOZZO: Absolutely correct. COMMISSIONER HILLER: Based on the evidence that's being presented today, it's clear that the quality of care throughout the rest of Collier County, as well as within the north district, would be elevated as a result of North Naples having their own medical director and Page 64 January 25, 2011 being responsible for the training, supervision and management of the North Naples Fire District paramedics, which would now supplement the service to approximately 100,000 citizens; is that correct? DR. PANOZZO: I totally agree, yes. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay, we're going to call the -- I'm sorry . MR. YOV ANOVICH: Are you going to the public? CHAIRMAN COYLE: Yes, yes. But I'm also going to address those people who are here for the 11 :00 time certain. We failed to specify on the agenda that was 11 :00 p.m. So those of you who are waiting for the 11 :00 time certain, it looks like it's going to be a long wait. So we'll probably do that after lunch. If you want to break and go have lunch and come back, I can promise you that it won't be heard before 1 :30 this afternoon. But we'll try to get it in at 1 :30 and get it done. But this is taking a lot longer than it has to, but we're going to go through the process. So we will -- now, unfortunately there are some people in the audience who might have wanted to speak but did not register at the time this item was called. According to our rules we don't accept additional speakers after we have started the hearing process. So if you wanted to speak and didn't get your speaking request in, unfortunately we will not be able to accept it under our rules. So we'll start with the first speaker. And once again, I would ask that you deal with what is new . We don't really need a repeat of everything that was said here already and what was said in the last hearing, but we will not deny you the opportunity to speak. Start with the first speaker. MR. MITCHELL: I'll call two speakers. We'll use both podiums. If you could, you know, move, because we have 18 speakers. Walter Kopka, and he'll be followed by Valerie Thorsen. Page 65 January 25, 2011 MR. KOPKA: Good morning, Commissioners. My name is Walter Kopka. I'm currently a battalion chief/paramedic assigned to a Collier County EMS Medflight helicopter. I've been with Collier County for nearly 25 years. I've been a part-time law enforcement officer for nearly 20 years as well. I'm the current vice-chairman of the EMS medical policy board. I'd like to read a letter from the chairman, Dr. Talano, who couldn't be here today. The letter reads: To the Board of County Commissioners. The Collier County Emergency Medical Services Policy Board was established by the Board of County Commissioners in January of 2009. The advisory board was created to assist the Board of County Commissioners with all issues affecting pre-hospital emergency medical services within all of Collier County. The advisory board consists of a physician, a nurse, a pharmacist, a representative from one of the independent fire districts, and a representative from Collier County emergency medical services. The functions and duties of the advisory board include but is not limited to review and advise the Board of County Commissioners on all issues concerning pre-hospital emergency medical services within Collier County. Advisory board met on January 21 st, 2011 and discussed the North Naples Fire District's request for Certificate of Public Convenience and Necessity, COPCN. Advisory board voted in a three to one to one vote, determined the advisory board recommends that the Board of Commissioners deny the request for the North Naples Fire District to obtain a COPCN. Please consider this recommendation by your advisory board to deny the COPCN request for North Naples Fired District. Respectfully, James Talano, M.D., Chairman, Emergency Medical Services Policy Board. CHAIRMAN COYLE: Thank you. Page 66 January 25, 2011 Please state your name. MS. THORSEN: Good morning. My name is Valerie Thorsen. I'm a lieutenant with Collier County EMS. I've been there for 23 years, on my 24th year. I've never spoke before you, so this is a first. So everything is new. I have been a paramedic, and that's what I am on the street. I am not in management; I'm not in specialized firefighting or Medflight, any of those. And there's nothing wrong in that, but I choose to be -- do my patient care. And what I've heard this morning, I had written some little notes, but I just remember 20 years ago when we were in paramedic school, we were the first class that went in there. And when we were in there with, I think one or two of the Marco guys, they said, we're going to take over your EMS down there. And we were just like, what? And they said, yeah, we are, that's why we're going to become a paramedic. Well, that was 20-something years ago. I think it was '98, '99, we had a fundamental consolidation, and we had three-member teams, and we did have the firefighters in the back. And I had been training with a couple of them, and sometimes there was two firefighters, one medic, two medics, one firefighter, EMT's. And we did this fundamental. And we went to calls, we ran calls, three-member teams, and then something happened. And now just lately we were doing the engine program with the firefighters and again something's amiss. And here we are in a place of trying to fix something that isn't broken. And I think one of the reasons I am here is because I know Dr. Tober has a passion for patient care, bottom line. He's not a political person. And I've known him for years. And this is not a Dr. Tober, you know, salute to, but -- can I keep talking please, just real quick? Page 67 January 25, 2011 CHAIRMAN COYLE: You have one minute. MS. THORSEN: One minute, okay. The bottom line is that our standard of care needs to be the same. Our protocols need to be the same. And I hear them saying that. They already go on our trucks and go to the hospital with us, if needed. Rarely does that happen. I just had a woman with a severe bleed in her head. There was nothing ALS that would have changed anything. We did have one of the guys, grateful for that, he was another hands to bag. BLS. BLS before ALS. Eight of our 10 calls are BLS. I believe that the Blue Ribbon is a good -- is a good -- is a wonderful plan, and I hope we get to a place that we do it and use it. I think we need to stop making this emotional. And I -- no offense, guys, but say yes to ALS saves lives when we all know that BLS saves lives. North Naples could provide ALS care again without a COPCN, but they would have to comply with the same training standards as Marco, City of Naples, and do the same performance standards. That's how we achieve the safest and the most responsibility overseen system, especially where dangerous and powerful drugs. So I thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: The next speaker will be Tony Camps, and he'll be followed by Duane Billington. MR. CAMPS: Good morning, Commissioners, Chairman. For the record, my name is Tony Camps, and I'm coming before you today as a citizen, but I would like to disclose the fact that I am a Collier County employee, a battalion chief. I've been there for 11 years, being assigned to different special programs, including the ALS engine for many, many years. I could have used this time to do the same thing that we do time and time again, just throw dirt at each other, but that's not what we Page 68 January 25, 2011 want to do today. Today we want to address some of the major concerns that I have with this petition. One of the allegations that I would like to dispel is the one that said that my fellow coworkers from North Naples, they lack the mechanisms to bring to the residents of North Naples life-saving medications. A proven mechanism exists already in place through the partnership programs where independent districts and municipalities work together with the county EMS system to increase and improve the level of service they provide to the residents. It already exists, it's already happening. This concept is not new to North Naples, since they have participated in this program twice. While they did not participate in the required training, actually they at one point, when I started my career, were participating in all required trainings by the medical director. And I remember them having paramedics that were trained and able to perform at the same level as the county medics. I remember running calls with Jimmy Cunningham in the back of the ambulance. And at one point I was not server, he was. What has changed through the times is their willingness to comply with the training required that all medics are expected in order to function under the license of the office of the medical director. I support putting the tools in the hands that need it, not just in the hands that wants it. Other departments have taken on the same challenge and today are examples of how a sincere desire to make a program work pays off, enticing all the districts to either join there for the first time or join partnership programs. I would like to bring attention to the dangers of awarding a COPCN to North Naples. They don't need a COPCN to bring ALS to the residents, they can do that today like all the districts do. However, what a COPCN would do is initiate a fragmentation that has happened in neighboring counties. It happened in Broward Page 69 January 25, 2011 County and it has happened in several other places. They that want to practice ALS are more than welcome. I think ALS saves lives. However, I have saved more in the 11 years that I've been a paramedic with BLS, the last one being about a week ago with BLS. Never touched the medbox, I was sitting on it. I think that what is going to happen if the COPCN is awarded is that it's going to entice other districts that in the past have already expressed their interest in the COPCN to come before you and ask for another COPCN. You grant one to them in the pretense that life at a risk, that they're going to improve services, they're going to come knocking on your door and asking you for the same thing. So I warn you, I encourage you to listen to the advisory boards and the advisory committees that you guys have organized and what they are telling you. That's not the model. It will initiate the fragmentation. It is inevitable. It's human nature. We want more than what we actually need. That's the way we are. I encourage you to think about it thoroughly and think of the consequences of what a simple issue of a COPCN to a very group -- you know, good group of workers, you know, I respect all of them. However no one is looking past the consequences. Everybody's painting this beautiful picture of what is going to happen, how service are (sic) going to be improved. Nobody is looking at what is going to happen to the system that you -- currently a system that is not broken. Two medcoms, three medcoms in the rural area might make a difference but are not going to create the great improvement that is being painted here today. I encourage you to think things through. They can practice ALS. They have performed it. They have done that before in the past. It won't be a new experience for them -- MR. MITCHELL: Thank you, time's up. MR. CAMPS: Thank you. CHAIRMAN COYLE: Thank you. Page 70 January 25, 2011 MR. MITCHELL: Duane Billington will be speaking for six minutes, as Chris Carpenter has ceded the time to him. CHAIRMAN COYLE: Is the timer broken or what? MR. MITCHELL: No, it's going now. Mr. Billington. MR. BILLINGTON: Good morning, Commissioners. I thought I knew a little bit about this until I arrived here this morning. If I get it right, North Naples is promising to comply with Dr. Tober's training requirements. They're going to comply with the protocols. All they had to do was comply with both of those and they'd be providing ALS right now. So what in the heck are we doing here? And what would lead anybody who had both frontal lobes to believe that if they didn't comply before that once they're granted a COPCN they will comply? That to me is astounding. That's totally amazing. There are more reasons today to reject North's COPCN request than existed when it was last rejected on October 26th of last year. A continuance was recently granted so the Blue Ribbon Moebius Committee would have time to report its recommendations for pre-hospital emergency medical treatment and transport services. That report, unequivocally supported by the Collier County Fire Chiefs Association and the Collier County Medical Society, was delivered to this board on January 11th. In addition, the Collier County Fire Services Steering Committee was sufficiently impressed to schedule a three-year planning session on February 3rd. Hodges University will be acting as a facilitator, and Jeff Moebius is the keynote speaker. That report had various items in it having to do with the future of emergency services. Granting North a COPCN is not one of them items. Granting North a COPCN will fragment services, eliminate common protocols, provide more, not less duplication of service, Page 71 January 25, 2011 increase, not decrease cost, and set a dangerous precedent that would give an out to any other district that didn't like playing by the rules. North is a rogue district that doesn't know the meaning of fiscal restraint and they don't play well with others. On June 28th of 2006 the Board of County Commissioners offered to turn over EMS to fire districts if they first consolidated. On July 7th of that same year, North Chief Brown, with the concurrence of Commissioner Lombardo, and encouragement, by the way, announced that his department wasn't going to wait for consolidation. Without first consolidating, North proceeded on a journey to try to build an unneeded duplicate EMS operation. They did so without a COPCN, without a license or a medical director, all required by state law. In the process they created a false demand for more ALS paramedics that drove up personnel costs for EMS and other independent districts. From 2008 to 2010, during a period of falling revenue, North's average per person total compensation has risen from $123,943 per person to $145,000 per person today. Now, that's average total compensation. As a comparison, Golden Gate has remained at about $87,000 a year during that entire time period, because in Golden Gate we believe in frugality when times are tough. When you look at this COPCN, think also what might happen if North is granted a COPCN and their consolidation bill is approved. That's been somewhat covered, so I'm not going to get into that any further. Whatever you decide, don't let North have a COPCN without demanding they provide patient transport. That's the only way there would be any savings for the county in this. And then those units could be used for coverage other places. During her campaign, Commissioner Hiller called for less Page 72 January 25, 2011 government, less taxes and true fiscal constraint. Let's apply those rules here. Your Collier County Emergency Medical Services Advisory Board has recommended you deny the request. Please abide by the recommendation. Thank you. MR. MITCHELL: Thank you. The next speaker will be Walt Stevens. And he'll be followed by Eloy Ricardo. MR. STEVENS: For the record, my name is Walt Stevens. I'm the president of Local 1826, which represents Collier County EMS along with Lee County, which is 16 departments. Probably the biggest reason I was originally coming to this is because the threats of laying off employees if this COPCN was given to North Naples. I don't see that here today. But I will share with you, although some may not appreciate or like what I have to say here, I work in the Lee County system, EMS system. Every department within Lee County operates under a COPCN. We all work together. We have a tremendous organization. The -- I have not lost one employee to a COPCN as of today. Why would that be? Because the citizens of your county, along with Lee County, deserve the best system that's available. Firefighters do have the ability to be paramedics. It's proven. It's not only proven in Lee County, it's proven all over this country. We have a system where we work under multiple medical directors, but we work under the same protocols. Every medic goes to a scene, we either assist or we don't assist, depending on whatever the transport agency requests of us. The care is given to them once we arrive. The system works. Was it a rough start? I can tell you as a firefighter paramedic, as a captain riding on an engine going to a call and having to sit there, sit there and watch a person die or whatever the outcome and not be able to do nothing but tell them the ambulance is coming. Page 73 January 25, 2011 The first tenet of government is to provide the highest level of care to their citizens. Whether the employees of Collier County EMS want to agree with me or not, that's all that's being asked here. We do it daily. I support them 100 percent in this because what it does is it provides them the extra tools to do their job. I've been dealing with this down here for probably over five years, dealing with the consolidation, all the different aspects of this, and we've gotten nowhere. This has all become just a political game, a political agenda for someone. All I'm asking you to do is allow them the opportunity to prove within that year that they have the ability to assist your system. Not take your jobs away, not take away your system. That's not what they're asking for. Provide them the ability within that year to evaluate them and see if the system works. If it doesn't work, then you have all the tools to remove it. But I would encourage you to approve it and look at Lee County, at their direction, what they have done. They have created a fantastic system. I was just at the Lee County Chiefs Association, and I applauded them for what they have accomplished in our county, in our system. We work together every day. Thank you. COMMISSIONER HILLER: Commissioner Coyle, can I just clarify one thing? CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: Mr. Stevens, I just want to understand, you represent the Collier County EMS firefighters? MR. STEVENS: No, no, I represent Collier County EMS, not the fire departments. COMMISSIONER HILLER: So you represent Collier County EMS. And in your capacity, you support North Naples' request here today to get their COPCN. MR. STEVENS: Yes, I do. Page 74 January 25, 2011 COMMISSIONER HILLER: I wanted to clarify that for the record. Thank you. MR.OCHS: Mr. Chairman, if I might, sir, further clarification. I believe the gentleman supports the EMS union, not Collier County EMS management. MR. STEVENS: That's very correct. COMMISSIONER HILLER: How many people is that? How many members are there? How many Collier County EMS people does he represent? MR. STEVENS: We have about 140. Union members, not the whole system. COMMISSIONER HILLER: No, just how many EMS. MR. STEVENS: You'll have to ask them. I only go by who signs up for the unions. MR. RICARDO: Good morning, still. Commissioners, for the record my name is Eloy Ricardo. I work for North Naples. You've heard me speak on this issue before. What I want is to move on. This is affecting the streets. People were here -- people came here for fear of their jobs, that if we got a CON in North Naples, EMS employees were going to be laid off, units were going to shut down. That's -- it's -- they're protecting their employment in tough economical times on an issue that's supposed to be about patient care. It's not about the employees. We have great medics, we work left and right together. The issue here is that it's the right for the district to be able to come, enhance their service, ask for the CON, and you have the ability to say yes and actually supervise it throughout the year. If there's something went wrong, you could come back and repeal it or you can not review it. That's the ability. Your ability right now will send us to the State of Florida and ask the State of Florida to give us the approval for be (sic) a provider. It's not Collier County. Collier County is the first step that says yes, you Page 75 January 25, 2011 can enhance your service, we agree, you could go apply to the State. The State of Florida will go and see our application and they will be the ones that make the judgment if we're a provider or not. This issue is going to continue. They come in and they mix it with consolidation. They come in and -- it's an issue of how much more stuff do you want to tie together to make it a turf battle. This is not about turf battle. This is about 9-1-1 calls, and if I get there first on a fire truck, I should have the ability to provide ALS if I have medics there. This is what that issue is about. It's not about taking nobody's job. Don't confuse it now by hey, why don't you just do transport and get all the EMS employees in a frenzy. That's not the issue. So I want to make perfectly clear here that the North Naples professional firefighters, we're here to provide service to the residents. I'm fighting for that ability. I'm fighting for the ability to be able to provide that service. That's all we're doing. Thank you for your time. Forty-four seconds back. MR. MITCHELL: The next speaker will be Christopher Spencer, and he'll be followed by Margaret Eadington. MR. SPENCER: Morning. For the record, Chris Spencer. I am president of the North Naples Professional Firefighters. And I'm really glad to be here. I know there's a lot of emotion in the room. Before we get started -- I get started, I just want to say this has been an issue that's been going on since that lady stated, 24 years ago, Ms. Thorsen in the back there. The real issue is this. We get on scene and there's not a medical unit available. We have agreed to do the training set down in the protocols by the medical director. We will do that. But we should not have to wait on scene and tell people, the ambulance is coming, I can hear the sirens in the background, knowing we've been to school, we've taken the training, we will do what it takes to get the job done. We don't want to have to trade people on our trucks to ride on Page 76 January 25, 2011 ambulances here and there under the guise that you're going to lose your skills. We're going to have a medical director go through every single training scenario with us, like they do right now. You could be in a truck and, truthfully, never run a code in a year, two, three, four years. You may never intubate somebody. But you may get it every single day three or four times a day. These are and have been known and recognized as the best medics in the country, most recently. These guys here are the best firefighters on the planet. Together the both paramedics and firefighters, we are in a perfect place. We are very fortunate. Give North Naples the ability to get the COPCN. You get to watch it for a year. You're going to make sure that everything is in order. If it doesn't work out, stop it. But we have to stop not letting the people, the people that we work for, the people that vote for you, the people who depend on us to get on scene and work with them and help their situation, starting with your ABC's, BLS, ALS, and get them to the hospital. If the call comes down and they need extra hands on the truck, it's been history, we hop on the truck, we do what is necessary. We've worked together. But there is this big political problem that we have going on here, which has been going on, which is driving a wedge right down the middle of this room. And enough is enough. I've worked with so many of these people out there. I look at that thing there and I find it very hard to be stuck in this situation. We're all good. We're out there. We're on the front lines. I'm telling you, just let us work with them. Let us have the COPCN so we can perform the ALS. And when we get them, we'll do like they do. As Walt Stevens says, in Lee County, give them to EMS and go in it, they need us. If not, that's fine. On closing, I also want to make a comment. Mr. Kopka gave a report that the committee gave a report that they disapprove North Page 77 January 25, 2011 Naples moving ahead with their COPCN. I was at that meeting and there were five people that get to vote on that. Two of the people on the panel hadn't even read the Blue Ribbon committee report and they voted down on that. So the validity of that is what? You get a three, one, one vote. These are the men and women out there every day doing their very best. Let's continue to work through it. Give us it. If they don't meet the benchmark, take it away. But give it to them. Let's move forward. Thank you very much. MR. MITCHELL: Ms. Eadington. MS. EADINGTON: Margaret Eadington, executive director, Collier County Medical Society . We represent over 540 physicians who are practicing in Collier County. I'm reading a statement on behalf of Dr. James Talano, cardiologist, who is president of the medical society. He was unable to be here this morning. Like many of my medical colleagues, I was pleased to read the report prepared by the Blue Ribbon panel giving recommendations for a more streamlined process of administration surrounding the delivery of pre-hospital emergency care in Collier County. I applaud the wisdom of the Board of County Commissioners in taking this bold step to instigate this panel. As president of the Collier County Medical Society, I reiterate once again that we do not support granting a certificate of public need to the North Naples Fire District. It's time to move on and recognize that our EMS program is one of the best in the country. I'm pleased that the panel recognized our county's impressive EMS history and our notable low response times which were achieved by the EMS team and medical director, Dr. Robert Tober, over the last 30 years. I strongly believe with respect that the Commissioners should accept and follow the recommendations of the Blue Ribbon Panel. Thank you for your time. Page 78 January 25, 2011 COMMISSIONER HILLER: May I ask a quick question, just so I understand who you're representing. Did the 5,000 doctors vote on this matter? MS. EADINGTON: Five hundred. COMMISSIONER HILLER: I'm sorry, forgive me. Did 500 doctors vote in opposition to this? Were they given-- MS. EADINGTON: No, as a-- COMMISSIONER HILLER: Sorry, go ahead. MS. EADINGTON: Our board of directors, which is headed up by Dr. James Talano, who is the president, speak on behalf of our members. COMMISSIONER HILLER: So if I understand correctly, your 500 members did not vote on this, and this is where a decision has been made by one man, not by a vote of the board, and he has now taken the position that they don't support it. MS. EADINGTON: No, this has been our position all along. We've been in support of Dr. Robert Tober, who is also a long-time member of the medical society . We can survey our members, if we find that necessary. But usually the board makes a decision. This is a board decision of the Collier County Medical Society. COMMISSIONER HILLER: I have a concern about the representation. Thank you. CHAIRMAN COYLE: Okay, who's next? MR. MITCHELL: The next speaker will be Alan Drescher, and he has six minutes, as time's been ceded to him. And he'll be followed by Matt Marshal. COMMISSIONER COMMISSIONER FIALA: Who is the time conceded to him by? MR. MITCHELL: The time that was conceded to him was by Tim Rudzitis. COMMISSIONER HILLER: What is the name of this speaker, Page 79 January 25, 2011 again? MR. MITCHELL: Alan Drescher. CHAIRMAN COYLE: How many more speakers do we have? MR. MITCHELL: Seven. CHAIRMAN COYLE: We've gone through 30 already. MR. MITCHELL: I can't comment to that. CHAIRMAN COYLE: Okay. Go ahead. MR. DRESCHER: Good morning. My name is Alan Drescher. I've been a resident of Naples for the last 38 years, and a North Naples citizen and taxpayer for the last 15. I'd like to interject here. Mr. Spencer, the statements you made, I think we all agree with you pretty much 100 percent on that. There is an awesome teamwork on the street between our personnel at EMS as well as the firefighters in the county. And there are a lot of politics that unfortunately seem to get in the way. F or the last 11 years I've been a paramedic firefighter with the Collier County EMS system and have had the opportunity to work with members of all nine fire departments in Collier County as a medic on an ambulance. The last eight years I have also worked with the City of Marco Island, the City of Naples, East Naples, and Isles of Capri firefighters on their trucks as a firefighter paramedic on the advanced life support engine program. However, I was not allowed to participate in N orth Naples program because the requirements created by their administration determined I did not have enough training. Over the more than 11 years I've worked at EMS, North Naples Fire Department has entered into ALS agreements with the county a few times, and each time their administration chose to end it, either directly or indirectly by not meeting the agreed-upon requirements. When I first started working at EMS, you've heard before, we had an ALS engine program in place with North Naples Fire Department that was quite progressive. North Naples paramedics completed the exact same training the Collier County EMS Page 80 January 25, 2011 paramedics were required to complete. They carried every medication that the EMS medic did, once the initial training was completed. There's no differentiation between us. You're either a county-credentialed medic or you are not. And it did not matter which agency you worked for. The personnel were eager and well trained, and it greatly increased the level of care in their district. Through the program they also placed a firefighter in a couple of our ambulances as a third person. This negated the need for a large fire engine to go to simple medical calls or a minor vehicle accident, as three people on the ambulance were capable of handling the call. This program made financial sense to the taxpayers and added to the number of emergency vehicles in our county that were capable of providing ALS to its citizens and visitors. Through the years the medical director has had enormous political pressure placed on him to become the training requirements for personnel to become a credentialed medic and to maintain that certification. The medical director reluctantly agreed but reduced the scope of practice as a measure of prudence to match the reduced level of training, but more importantly, to reflect the evidence indicating almost all the medications were being used infrequently if at all. The time required in an ambulance eventually decreased to one 24-hour shift every three months for fire department paramedics providing ALS as part of their ongoing training. North Naples agreed that four times a year was something they could easily accomplish. The other participating departments meet and often exceed this standard on a regular basis, but North Naples Fire soon found they were unable to meet this requirement, as stated by Attorney Y ovanovich at the October 26th BOCC meeting. Attorney Y ovanovich admitted to you that they complied with the ride time requirements for the first quarter but fell short the second quarter. He cited reasons such as vacations for not being able to rotate only 40 to 45 field paramedics onto an ambulance the required once Page 81 January 25, 2011 every three months. There were 91 days in that quarter. The fact that they chose not to meet the minimum standards left the medical director little choice but to suspend their privilege to administer ALS drugs until they complied with the training deemed necessary by the office of the medical director. Again, I say they, because North Naples is responsible for the scheduling of their personnel. As a North Naples taxpayer and resident, I am concerned over the decision by current and past leaders of North Naples Fire to reduce the level of care their medics are allowed to provide. Many of their paramedics have proven to be competent and capable medics. They should be allowed to complete the ongoing training, and they should be allowed to use these drugs to provide a higher level of care. But they do not need a COPCN to do this. The North Naples administration, their multiple lawyers, fire commissioners, have been telling us that they just want the opportunity to provide the best care of the citizens by providing pre-hospital advanced life support. Ridiculous displays of emotion -- ridiculous displays, emotional statements, half truths and flat-out lies have been made against Dr. Tober over the years, a nationally recognized and well-applauded medical director. They have told you and the media that he has tied the hands of their North Naples paramedics, preventing them from saving the lives of their citizens. I agree, their hands have been tied. Not by Dr. Tober, but by their own administration. The same administration has wasted what must be hundreds of thousands of taxpayer dollars on multiple lawyers, public records requests and wasted productivity by staff on an attempt to circumvent a system that has proven to work, instead of working together to improve it. Why would we expect anything different if they are granted a COPCN? Why don't we hear the departments currently participating in the Page 82 January 25, 2011 program crying their hands are tied? Simple, their hands are not tied because they complete and even exceed the training standards. They approach the medical director with new ideas to improve service and the delivery model and they work together to improve the overall system instead of finding ways to detract from it. At the recommendation by others and supported by North Naples, this board created the Office of the Medical Director. The intent was to allow the medical director to report to this board and allow greater access by everyone that provides pre-hospital medical care. You as a board also have commissioned many studies and committed thousands of dollars over the past years to help make the correct decisions concerning the EMS system. You've received recent reports all recommending one medical director for the entire county. By doing this, you are creating a foundation to further advance the level of pre-hospital medical care. A COPCN will only serve to fragment and further decrease the current level of care in this county. Fragmentation of EMS is something you have spoke and worked against for years, even going as far as telling the fire departments they can have EMS if they consolidate. But you will not allow degradation of the EMS system. I do not understand what it is they're trying to accomplish with the COPCN request. The opportunity to provide ALS care they are requesting is as simple as completing the required training. Those of us at EMS have a choice to make. We complete the training as acquired by the medical director or we have our ALS privileges revoked. The local fire departments have the same basic choice: They meet the standards of the OMD and provide ALS or they do not. I'd also like in conclusion to say I'm in witness to the skills, knowledge and desire of the fire department medics almost every shift, and regardless of what uniform is worn, we support the ability of all paramedics in this county to administer ALS drugs, provided they're credentialed -- Page 83 January 25, 2011 CHAIRMAN COYLE: You need to wrap it up. Thank you very much. MR. MARSHALL: Good morning. My name is Matt Marshall. I am a -- I live in North Naples fire control district. I am a firefighter/paramedic in Lee County. I ride on an engine every third day, and I go and meet people that need ALS care. I have a two-week-old at home. I have an 18-month old at home. Where I live in this district is the northwest-most part, okay? There is an ambulance that's five blocks from my house. When that ambulance is not there, the next closest ambulance comes from Vanderbilt, Vanderbilt Beach Road and Vanderbilt. It's very far. If something gets caught in my two-week-old's throat and an ALS paramedic is there, they can save my baby. If not, that eight-minute response time may only be eight minutes, but my two-week-old will die. Do you understand that? Please understand that, okay? My two-week-old. You have kids, I'm sure. And if they were to die, that wouldn't be good, okay? It only takes one life. What is that worth? My kid, everything I own and everything you own. That's what it's worth. With you knowing that this could happen, it makes this county liable, okay? And you know, that's really not that good, because I am a county taxpayer, and I don't want this county to be liable. North Naples is trying to take the liability onto themselves. That is great with a medical director. With my department that I work for, we have our own medical director in Lee County. And we do more training than other departments in our county because my medical director is over top of my 36 medics. So please, please grant this COPCN. Please, I implore you, please, for my baby's life. Thank you. COMMISSIONER HILLER: I just want to say, for my husband's life. MR. MARSHALL: Exactly. Thank you. Page 84 January 25, 2011 (Applause.) MR. MITCHELL: The next speaker will be Geoffrey Swets, and he'll be followed by Anthony Hiserodt. MR. SWETS: Good afternoon, Commissioners. My name's Geoff Swets. I'm a lieutenant with EMS. I'm a resident of Collier County. I've been in emergency services since 1993. I've been a paramedic since 1997. I've been involved in several difference systems, all of which did it several different ways. Here in Collier County, none of the people that work out in the street do not want (sic) -- none of them want to not be able to do what they can do. If they're trained to do it, they want to do it. The Office of the Medical Director has given every paramedic the ability to do that. It is not the paramedic's fault. It is not the Office of the Medical Director's fault as to why this has faltered. In regards to a baby choking, American Heart teaches everybody steps in which to take care of that. Anybody that goes through a class for choking can learn how to take care of that. Yes, there are instances where we need to go and take that next step up. There's even instances; me, as a county cert'ed paramedic, cannot take care of that. That's out of my hands. Someone else above me, way above me, makes that decision. In regards to services not being provided, I hope investigations were done, and if there was a fact that -- it was a problem with that, then it should have been brought forward. In regards to 1826 saying they are here to represent me, I would like to tell the board that is false. In regards to my friends in the back, they will tell you the same thing. Ms. Hiller, you mentioned you asked about the doctors' association, did they all vote. We, as District 14, did not all vote for Mr. Stevens to come say he represented us as well, but that question was not asked of him. COMMISSIONER HILLER: I'd like to ask that question. Page 85 January 25, 2011 MR. SWETS: Ask the question, but he's already spoken, so it's probably not a point of order to be able to be done. I'm sorry. COMMISSIONER HILLER: Well, I'll ask that question after. MR. SWETS: I'm sure. But my time is now. If the paramedics have the opportunity to do it, these paramedics can do it. In an effort to remain with one solid level of patient care, there should only be one medical director. Dr. Panozzo would like to help. I'm sure there would be a way in which he could assist the Office of the Medical Director, but we do not need to have more than one medical director. Thank you. MR. HISERODT: Good afternoon, Commissioners. First off, I would like to start off by saying that I am not here because I am in fear of my job. I am here on behalf of the patients in this county. I would also like to address Mr. Stevens. This is the second time I have been ashamed to be a member of this union, and I do not think there will be a third time. My name is Anthony Hiserodt. I've been employed with Collier EMS for over seven years; more than five of those years I've been a paramedic. I speak with you today because I am very concerned for the safety of our citizens and visitors. I've no other agenda. I don't care what color my shirt is, what my patch looks like, or the name on top of my paycheck. I'm here on behalf of patients. You all have the very important decision to make, one that will affect people's lives. I feel it is important for you to hear the opinion of some of the medics who work hard every shift to make a positive difference in people's lives. We have been less than vocal in the past concerning these issues, but we cannot remain silent any longer. When a person becomes a paramedic by passing the state test, it means that they have met the minimum standards and qualifications. I don't know about you, but personally when my children are having an asthma attack, my wife is going into labor, my parents are having a Page 86 January 25, 2011 heart attack, or when I'm involved in a vehicle accident, I want the person carrying that med box to have more than the minimum standards and qualifications. Now, I'm not saying that all these fire medics do have those minimum standards and qualifications, but they have had the ability to participate in training for years in the past, and it has been proven not to happen, for whatever reason. I'm not blaming anybody. Here in Collier County, Tober-cert'ed medics go above and beyond the minimum standards by attending an in-house academy that lasts weeks, during which they learn our county-specific protocol and are continuously tested on their knowledge. After successfully completing that academy, they are placed on a medic unit for months where they are directly supervised by an experienced field training officer. When that field training officer and that new medic feels that they are ready, they then sit in front of Dr. Tober, and they're then tested further on their knowledge. And then, and only then, are they deemed qualified to treat people with ALS procedures and medications. We carry many drugs and perform many procedures that, if administered incorrectly, can and will have devastating and even deadly consequences to patients who receive them. We have increased training and patient contact time that is necessary to deliver safe and effective world-class care to our citizens and visitors. As county medics, we can spend up to an hour with each patient, because we start from the beginning until we deliver them to the hospital. The fire medics generally have 5, maybe 10 minutes with each patient. Basic life support is an integral part of every single call. It's the most important part. It's the part that actually saves lives. Very rarely do I give any kind of ALS care within the first 10 to 15 minutes, even more rare do I do it before I've actually left for the hospital. Without these firefighters, though, I could not do my job. They Page 87 January 25, 2011 playa super important role in every call. They assist me. They have always assisted me, and I'm sure no matter what happens, they will continue to assist me. Our system -- CHAIRMAN COYLE: Wrap it up. MR. HISERODT: -- and Dr. Tober have received many prestigious awards for the way we operate and our success rate. I feel very strongly that changing this by giving the fire departments a COPCN is not only unnecessary, but dangerous. In medicine, decisions are often made by considering the risk versus the reward. I hope you all keep that in mind as you make this decision. I feel the risks far outweigh any potential reward. CHAIRMAN COYLE: Thank you very much. MR. HISERODT: Thank you. MR. MITCHELL: The next speaker will be Justin Andrews, and he'll be followed by Joseph Gauta. MR. ANDREWS: How you doing? My name's Justin Andrews. I'm a lead paramedic with Collier County EMS. I've been here for about four years now. CHAIRMAN COYLE: Could you get a little closer to that mike, please. MR. ANDREWS: Is that better? CHAIRMAN COYLE: Yeah, that's much better. Thank you. MR. ANDREWS: You know, I had a lot that I was thinking about saying when I came up here. I've had a lot of pretty outrageous incidents happen with me, especially the last year when I've become Tober cert'ed. The biggest one I see here today is the fact that they're saying they want ALS. They've had the chance to. They don't want to do training. It's a slap in the face when I hear their outline: 40-hour class, a couple scenarios, and some simulations, hang out in the ER with doctor. That's their training. Really?t Page 88 January 25, 2011 I spent a month, every day, sitting with the training captains, learning the protocol. After that I spent four months, every day, with an FTO watching me, grading me, every day on the road, talking to patients, dealing with patients, not sim. man, not some doctor in an ER. I mean, that's not the situation you're going to have. You're going to be on the road. I know when I have somebody give me a drug, I want the guy who had a 40-hour class. That's just -- that's ludicrous. I mean, classes like that, that's CPR. You want to learn CPR, there you go. There's a class for that. To learn how to save a life, to learn the complete anatomy of the heart, all the cardiac drugs you deal with -- there's not a drug in the med box that won't kill you if it's given wrong. But the guy with the 40-hour class is the guy that you want to put in charge? I say no. Force them back into the ALS engine program. Get back, do the training. It's been there. It's been available for them. Marco, Capri, Ochopee, City of Naples all do it. Why is it good for them but it's not good for North? What makes them so special? What makes them so different? Are the citizens in Marco not good enough? Are the citizens in Capri not good enough? It doesn't make sense. Deny the COPCN, make them get back in an ALS engine program, make them do the training. Thank you for your time. COMMISSIONER HILLER: I just want to clarify. Did you say what you're going to do is supplemental to what's already being done, or is it instead of? I thought you said it was in addition to? MR. AGUILERA: Yeah. That's just mis- -- taken out of context. What we said is, we are already receiving the training. These individuals have gone through more training than you can even . . ImagIne. What we said with 40 hours was just to bring them up to speed with the new changes that are coming up in the February protocol. Page 89 January 25, 2011 That was it. COMMISSIONER HILLER: But you are going to provide, at a minimum, the same level of training that these guys get, and then supplemental training above that? MR. AGUILERA: Absolutely. MR. ANDREWS: So then we'll see your medics on our ambulances for four and five months at a time, learning to take care of patients every day on shift. MR. AGUILERA: All right. Listen. MR. ANDREWS: It's not the same standard. CHAIRMAN COYLE: Okay. Let's-- MR. MITCHELL: The next speaker is Joseph Gauta, and he'll be followed by Robert Metzger. So Robert Metzger. CHIEF METZGER: Good afternoon, Commissioners. I'll try to cover some new ground and try to get away from some of the emotions here. My name's Robert Metzger, and I'm the fire chief of the Golden Gate Fire District. I also serve on your EMS Policy Advisory Board. I was the vice-chair until I recently nominated my colleague, Mr. Kopka, to take my place. In listening to Mr. Summers earlier state that he felt this application should be denied because there isn't a county-wide impact, and also he made some other assertions associated with the impact of this application. I'm here to tell you that from Golden Gate's perspective, we see a positive impact county-wide. Mr. Summers also stated that he would be in favor of anything that would improve the AUIR standards that would increase the delivery of EMS service throughout the county. He even said that he would commit to doing those things that will improve those standards. Well, I'll tell you that today if you approve North Naples COPCN application and they subsequently gain approval of the state, there will be a concomitant benefit to the Golden Gate Fire District, because Page 90 January 25, 2011 there will be a shift eastward in Collier County of a number of the Collier EMS ALS assets. That includes my district. That includes the districts of Mr. Henning and Mr. Coletta. I know this is -- this trans- -- this transfer of assets will occur because Jeff Page, chief of EMS, went on record at our last EMS Policy Advisory Board in stating so under questioning from members of the board -- that a granting of the ALS COPCN application for North will result in a transfer of county EMS assets eastward. I support that. That's good for my community. And I'll close on that because I don't think that it needs any further elaboration. COMMISSIONER HILLER: May I clarify a point you made? CHIEF METZGER: Yes. COMMISSIONER HILLER: You say we have a response-time standard, but that was clarified. We don't. We have a target. Apparently the AUIR sets an eight-minute response-time target, not a standard, and there's a big difference. And the reason I bring that up is because Summers also said that the eastern section and 1-75 exceed that standard and that that's -- or that target, that -- and I guess their response-time numbers are a function of a curve. So what you're saying, the redeployment, because now we have these paramedics available to serve eastern Collier, will improve the response times in eastern Collier, which should improve the response times for the county overall since we're dealing with a curve number. CHIEF METZGER: I would agree with that assessment. COMMISSIONER HILLER: That's very significant. CHIEF METZGER: Thank you. MR. MITCHELL: Mr. Chairman, your last speaker is Lydia Galton. MS. GALTON: Good afternoon, Commissioners. My name is Lydia Galton. I'm the president of the League of Women Voters. Page 91 January 25, 2011 And I must say that my statement was not surveyed with my members, before I make it. I'm just here to urge you to consider the Blue Ribbon Committee report before you make any decision today. It seems to me you're putting the cart before the horse. You have a brilliant report in your hands. Why are you not looking at ways to implement that? Why are you not considering the recommendations made by that? This is extraneous. This is beside the point. The fate of the North Naples Fire District will be taken care of when you implement all of the suggestions in the Blue Ribbon Committee report. That is what should be paramount here, not this. Thank you. COMMISSIONER HILLER: Lydia? MS. GALTON: Yes. COMMISSIONER HILLER: What's paramount here is providing the highest level of service. MS. GALTON: Exactly. We're not going to get there by having a regionalized management system, as suggested by the Blue Ribbon Committee. COMMISSIONER HILLER: It's all about saving lives. MS. GALTON: Yes. COMMISSIONER HILLER: And we have an offer on the table. MR. BILLINGTON: Commissioner, are you going to argue with her or just let her give her piece and sit down? COMMISSIONER HILLER: Duane, may I make comments, please. It's very important. It's about saving lives. I just want to clarify. It's about saving lives. MS. GALTON: I understand. COMMISSIONER HILLER: Time is of the essence. MS. GAL TON: And I've had a reason to call the EMS, and they were there within three minutes. They were just marvelous. Page 92 January 25, 2011 Thank you. COMMISSIONER HENNING: Lunchtime. CHAIRMAN COYLE: Thank you very much. MR. MITCHELL: Mr. Chairman, that was your last speaker. CHAIRMAN COYLE: Okay. There has been considerable discussion concerning the training standards, and I don't know how we can discuss the training standards without having Dr. Tober give his position concerning the training standards. He is our medical director. He establishes our standards. And I would like to hear from him with respect to that issue. DR. TOBER: Good afternoon. And I'll be very brief. We did have, on two different occasions, training standards for North Naples Fire when they did have ALS privileges. We also -- I also gave them ample opportunities and warnings that they were not meeting the same standards that Marco and the City of Naples were. And so we pulled their ALS privileges, and they dropped out of the program. I also want to say that in -- to follow up on Commissioner Hiller about saving lives, is that we scrutinized the use of drugs by North Naples, as we do everyone else in the system. And the level of mistakes being made caused alarm, caused me to be concerned that harm exceeded benefit, and so I tightened training standards much more stringently for everyone, not just North Naples, but for Marco and the City of Naples. And it really was North Naples that dropped out of the program. I really have never had it explained to me why and how they are going to meet training standards today that, for whatever reason, they were incapable of meeting when they were under the ALS interlocal agreement. COMMISSIONER HILLER: Dr. Tober, I'd like to ask you some questions about your training and how you basically expect your paramedics to better apply these drugs by driving transport, or with Page 93 January 25, 2011 transport. I've had the opportunity to speak with you about your protocols, and you were very kind to give me a great deal of information. And what I have here in front of me is a medication administration study, and it's for the period July 2007 to June 2009. And during that period of time, Dr. Tober highlighted for me the number of administrations, by the various drugs, that the ALS paramedics have in their kit, and I was astounded, because when you eliminate aspirin, 2,115 applications; nitroglycerin, 3,913 applications; and dextrose, 1,150 applications, you are left with very, very few applications of the remaining medications. And what concerns me is that if you take the number of paramedics out there that are ALS certified and you divide it into -- and also there's 1,221 for Atrovent, which is for asthma -- that there is such an insignificant amount of administrations of these drugs that it puts into question whether the ALS medics across the board that are currently certified are even getting close to the training of the drug administration they need to be ALS certified. And so I pose that question to you, Dr. Tober. How do you explain this? Because, quite frankly, I don't see the numbers here that support the certification. In fact, I've also heard you argue that we need limited ALS, and I'm concerned about that as well. DR. TOBER: I didn't hear your last thing. You heard me argue what? COMMISSIONER HILLER: You want limited ALS. DR. TOBER: Well, actually what you say is quite true in that the number of paramedics deployed in a system with drugs does need to be limited, and the last thing that should be done is to have that number grown. I think you and I interacted about this on Friday. And what I was saying at that time was, given the ratios of paramedics with drugs to a population like Seattle, which is considered a benchmark stellar Page 94 January 25, 2011 system, we actually exceed those ratios already today, so I'm hesitant to even further dilute things. In terms of how we manage things with our own medics, you have to understand that the vast majority of drugs we carry we carry and administer during the transport phase. We have to carry a fairly large number of drugs, because some of our transports, particularly from eastern Golden Gate or Immokalee or Everglades, are exceedingly long. Yes, indeed, our own paramedics do get very, very limited experience using some of those drugs, but paramedics from a place like North Naples, where I also included all of the rosters of drug administrations, are a fraction of what even the ALS medics from the -- from EMS give. So, again, they are a quantum leap further down the line in terms of dilution of actual experience. COMMISSIONER HILLER: Actually, that wouldn't be the case, if I may say, because now we have these 50 paramedics concentrating on 100,000 people. DR. TOBER: Well, you had -- you had these medics concentrated for two years when they were endowed with ALS privileges, and they gave almost -- I think they gave 23 doses of drugs in two years, compared to about 11,000 doses of drugs in EMS. COMMISSIONER HILLER: Again, those numbers are skewed because of what I said. CHAIRMAN COYLE: Okay. Let's quit the arguing. DR. TOBER: Those numbers are right in front of you. COMMISSIONER HILLER: Oh, yes. And I'm going to enter them in the record so everyone can review them. CHAIRMAN COYLE: Commissioner Coletta, did you have a question or comment you wanted to make? I am getting ready to close the public hearing. COMMISSIONER COLETTA: I have numerous questions. One remains -- I wanted to remain silent until after we had a chance to Page 95 January 25, 2011 vent everything. And I'm not sure if this should be you, Dr. Tober, or Mr. Page or Dan Summers to answer the questions, but let's start with you on the one for ALS and what we're doing for EMS and how the whole things comes. At one point in time we had certain measurements and we were recognized nationwide as far as what we've been doing with EMS. I mean, stacked up against the rest of the world out there, how do we hold our own at this point in time? DR. TOBER: We're doing very well. I don't know if -- Leo, you can pull up on the computer what was set up for me before. I wanted to share with you, from state meetings that were presented last week, a program called Take Heart Florida, and it will just take a couple of moments to show you, once they get the computer up. COMMISSIONER COLETTA: If it helps to answer the question I put out there, I would very much like to see it. DR. TOBER: Yes, it does help answer the question. That's it right there. You just had it up. Take Heart Florida. Yes, thank you. Page down. Just go to the -- this program was just -- right here. Thank you. This program was just introduced last week in Daytona Beach. It's called Take Heart Florida. It talks about cardiac arrest. Basically -- and I'm moving through this very quickly . We have about a thousand deaths per day in the United States from cardiac arrest. Nationally, the average survival to hospital discharge is approximately 5 percent. This is not moving. COMMISSIONER COLETTA: There's a lot moving here. DR. TOBER: I need the man who set this up in here to get me to Slide 25 somehow. I want to go to Slide 25. Anyway, to make a long story short, I was appointed -- I was actually nominated by Dr. Joe Nelson, the state EMS director, and appointed by the Bureau of EMS to chair the -- still not moving -- the Page 96 January 25, 2011 Sudden Cardiac Arrest Committee for the State of Florida. They are actually using Collier County as a model to move -- we need to get to 25, if you can -- to move the entire State of Florida to a level of cardiac arrest performance. This is also being done in conjunction with the model of Code Save A Heart that we started in Collier County. Dr. Keith Lurie, who actually manufactures a pod that we use in cardiac arrest called the Rescue Pod actually came down to study -- you're getting close -- all right -- COMMISSIONER COLETTA: Any questions? DR. TOBER: -- to study our system. They then launched this in three cities: Austin, Texas; Columbus, Ohio; and Saint Cloud, Minnesota. And they now choose to take this across Florida as Take Heart Florida. I did not create this slide, but it just highlights the fact that we teach bystander CPR, first response CPR through police and fire. We go on to EMS. We are using these advanced compression devices which was of great interest nationally, particularly with the success that we have achieved. We have taken this through the Emergency Department, and the -- we have now launched the first phase of Atris, and this is where we are today with the Take Heart Florida. I am a chair of the state committee, and I have made a commitment to the State of Florida to try to help other counties achieve the same success rates in cardiac intervention that we have achieved here. COMMISSIONER COLETTA: Okay. So just summarize it up. If you tell me -- I don't want to put words in your mouth -- that our EMS is in comparisable (sic) to other counties, is on a par, superior? DR. TOBER: Well, I don't -- I would certainly say that the State of Florida recognizes our system to be spectacularly successful, but our system is everyone. It's bystanders, it's police, and fire first response, it's EMS, it's the Emergency Department, it's the cardiac Page 97 January 25, 2011 cath labs, it's our cardiologists; it's the whole system. COMMISSIONER COLETTA: Now, I have questions about EMS and time that it takes to deploy them. Is it true that there's a difference in time response between urban and rural Collier County? DR. TOBER: I think I'm going to let Jeff Page answer that. MR. PAGE: For the record, Jeff Page with EMS. Yes, sir, there is. There's an eight-minute travel time that we have for the urban area and a 12-minute travel time for the rural area. And that was approved by the Productivity Committee. It came before the board, and that went back to that model change that we -- previously it was eight minutes county-wide. We were never able to achieve it. COMMISSIONER COLETTA: So one more time about you were never able to achieve it. MR. PAGE: We were never able to achieve county-wide eight-minute travel time. COMMISSIONER COLETTA: That's because the rural area, being that it's spread out over great distance, the time it takes to travel, and the actual cost to maintain the stations in EMS personnel makes it very difficult to respond in the same amount of time it does in a congested urban area? MR. PAGE: Correct. COMMISSIONER COLETTA: That I understand. Now, one of the arguments that's being made, that if you go -- we go along with this, we're giving North Naples the ability to be able to take on the service, that that will free up EMS personnel to be able to lower the travel time or the response time, rather, in the rural area of Collier County. And I got to first tell you a qualifier why -- my concerns with that particular statement, is back about three or four years ago, when we were doing our initial budget cuts, this commission very strongly defended the budget of EMS. In fact, they vested it for like two years Page 98 January 25, 2011 to make sure that no one would have the concerns about anyone being laid off. However, with that, we did allow attrition to take care of some of the numbers. Am I correct so far? MR. PAGE: That's correct. COMMISSIONER COLETTA: Okay. And even though the best intentions are that you could move people from the North Naples area from EMS and re-station them out in the rural area, there's no guarantees that budget constraints in the future would not lose those efficiencies that were gained. MR. PAGE: That's a board decision. COMMISSIONER COLETTA: I know it's a board decision, and I can tell you right now, I have very little confidence in this board to be able to say, yes, we're willing to make sure that there's more money spent on EMS in the rural part of Collier County. I mean, this is just a reality of life. MR. PAGE: I understand. COMMISSIONER COLETTA: I fight for it every darn year, but the truth of the matter is -- I would probably be very, very willing to go along with this if I had an assurance way off into the future, not just a year, two years, that we will maintain that standard; in other words, right now you say it's 12 minutes in the urban area. If I could get a standard of ten minutes that everybody on this commission would agree to and carry to fulfillment, now there is a direct benefit that's everlasting that I know I can get. Of course they can change their mind at some point down in the future. CHAIRMAN COYLE: Commissioner Coletta, could we deal with asking questions -- COMMISSIONER COLETTA: I am. CHAIRMAN COYLE: -- and getting information, please. COMMISSIONER COLETTA: But I need for him to clarify my process -- my thought process. Am I wrong, right, or-- Page 99 January 25, 2011 MR. P AGE: Well, I'll just explain it to you the way I explained it to the policy board. We know that historically for 15 years that 65 percent of the time when we arrive do we result in transport. So about 40 -- or 35 percent of the time we don't transport. So the thought was in the discussions with Chief Stolts that Dan Summers and I had, was if they were to get their own COPCN, that will allow them to be the authority having jurisdiction; in other words, they now have the responsibility to be there in eight minutes. We don't. They would call us if they need a transport. And, in theory, you could reduce the staffing of units. In other words, the reason we have five to six units up in North Naples is based on we were the legal licensed provider up there and needed to be there within that eight-minute standard that we had set up. Once we no longer have that and you're only looking at transport capability at that point, you can further reduce by, theoretically, 35 percent the number of units that we have stationed up there, and we locate those elsewhere to where your response times are needed. Now, if they actually did transports also, that would further reduce the number of transport vehicles you would need by maybe five. So it's -- those are all options to the board, and that's basically in our discussion with Chief Stolts when we were panning this around, and what we agreed to do was wait until the board made a decision, and at that point we'll work it out how it's going to settle out. COMMISSIONER COLETTA: Okay. If I could talk to the representative from North Naples, Mr. Y ovanovich. And may I proceed for just a few minutes more, sir? CHAIRMAN COYLE: Oh, sure. You certainly deserve your share of time. COMMISSIONER HILLER: I don't think anybody's time can be limited in a quasijudicial proceeding legally, and I'd like to state that for the record. Page 100 January 25, 2011 CHAIRMAN COYLE: Fine. Then sue me. COMMISSIONER COLETTA: Be careful. I'm going to forget the question if you keep this up. COMMISSIONER HENNING: Actually it says it in our ordinance. CHAIRMAN COYLE: Yeah, that's right. COMMISSIONER COLETTA: Mr. Y ovanovich, thank you for being here today. And I want you to know that I'd love to find a solution to all this, and I'm not too sure of staffs recommendations, we wait until the Blue Ribbon panel can come back and make their recommendations to see what can be married into this idea of North Naples striking out on their own in this particular venture. And -- you know, and that might not be a bad idea. That's the first question I've got for you. Is there some reason that you can give us that it would not behoove us to use the resources of the Blue Ribbon panel, come back with their suggestions, and be able to make a final decision? MR. YOV ANOVICH: The Blue Ribbon Committee didn't say stop. The Blue Ribbon Committee gave you a five-year plan. It didn't say, stop all of your improvements to your service today. What we're -- what we're proposing is to provide additional well-trained paramedics to provide service to supplement the already good service you have out there today. I didn't hear anybody say that the service can't be better. It can be better. And what we're proposing is a mechanism to make it better in North Naples. And, you know, if it works well in North Naples, maybe you move it over to Golden Gate Estates. Maybe you move it over to East Naples. But this could be part of the ultimate plan for the Blue Ribbon Committee. So what we're saying is, this is a better system. You shouldn't have to wait. I will tell you, you have -- and I hesitate to use this word, but you have -- you -- within your own EMS, you have Page 101 January 25, 2011 Tober-certified paramedics that do not ride on ambulances. COMMISSIONER COLETTA: I'm sorry? MR. YOV ANOVICH: You have -- within your own EMS system, you have paramedics that don't ride on ambulances. COMMISSIONER COLETTA: Could we stick with the question? And I think you're answering it for me. But, once again, let me try. Leo, help me with this. When was it the Blue Ribbon panel and staff were supposed to come back with some ideas, like -- I think it was going to be, like, in a menu fashion where we could select and choose their findings. It was supposed to be when? Months from now, a week from now, when? MR.OCHS: Well, the board didn't set a hard date. They asked -- they directed the county attorney and I to get with the folks that presented your Blue Ribbon recommendations and wanted us to meet with them to get some ideas on how this concept of a public-safety authority would actually be operationalized, and then the board wanted to have a workshop with the stakeholders on that issue. I think the premise was that once there was a decision made on the public-safety authority, that -- that entity would then proceed to attempt to implement, along with the stakeholders, all the other recommendations in that report from your Blue Ribbon panel. I'd suspect, you know, it's probably 30 days before we're sitting down with that workshop. COMMISSIONER COLETTA: I think I'm probably going too long, because I can hear a moan from the Chair. At least I think it was from the Chair. But -- okay. CHAIRMAN COYLE: It was my stomach growling. COMMISSIONER COLETTA: Okay. I think we've pretty much covered that. And, you know, I'm not saying I couldn't support something like this. I'm just saying I'd like to make sure we incorporate enough into it that it gives us all the protection we need. In fact, I would -- I'm going to make a pretty profound statement. Page 102 January 25, 2011 You know, I've been a person that's been very pro consolidation for a long time, and I personally don't care who it's consolidated under, even North Naples. The whole thing is is I'd love to be able to get to that point. If I was king for a day, I'd bring them all together and recognize you with all your financial resources as the lead agency. Why not? Put you personally in charge, Mr. Y ovanovich. If anything goes wrong, it's your fault. MR. YOV ANOVICH: Okay. COMMISSIONER COLETTA: But going back to it -- one more last question, then I'll give it back to my fellow commissioners. We keep hearing about this one-year trial period and what -- now, there's a concern with that, too. I mean, you know, it's always great to have something where you have a certain amount of control. You might say that sunset provision that you can enact whenever you feel that it's necessary; however, once this thing gets underway and the time and the effort goes into putting the structure together -- and there will be some costs involved with it, no doubt. But at the end of one year, to be able to say, you know, I'm not totally happy with it, I want to pull everything from underneath you, and you cast this aside and try to find a better model, I think that's very unlikely to happen, so I'm not too thrilled with this one-year trial period as per se. MR. YOV ANOVICH: But you've always had that ability. You had that through the interlocal agreements. You had the ability to pull the plug, if you will, on a program you didn't like. You're not going to cost us anything to start this program up. We're already ready to go. So from a cost standpoint, there is no cost to the North Naples residents or anybody else in Collier County to start the program up. We're confident that our medical director is going to properly train and credential paramedics before they get out on the street, that you're going to be fine at the end of the year, but if Page 103 January 25, 2011 you're not at the end of the year, we'll have that discussion regarding the COPN (sic), and it's within your prerogative as the board to address it. COMMISSIONER COLETTA: Ifwe do pass it, I'm going to do everything possible to make sure it would work. MR. YOV ANOVICH: We are, too. COMMISSIONER COLETTA: It would be absolutely counterproductive to have this hanging out there with the idea you want to kill it in a year. MR. YOV ANOVICH: Absolutely. COMMISSIONER COLETTA: If I may, just real quick. I want to get Dan Summers up here, if I may. He's right behind you. MR. YOV ANOVICH: Oh, I'm sorry. COMMISSIONER COLETTA: Yes, you're not Dan Summers. MR. YOV ANOVICH: I didn't know you were asking him a question. COMMISSIONER COLETTA: Dan, you heard the discussions going on about my concerns about response time, about the transfer of people from one place to another, the cause and effects and how we come together. Would you please comment on that. MR. SUMMERS: Yes, Commissioner, I will. Two observations. Number one is, this is totally new environment as you make a new fire district, an authority having jurisdiction, okay. So that means that if they implement, we need time to evaluate system impacts. We speculate -- again, as Chief Page mentioned, there is theory as to how we want to reapportion units and services across the county. Without a doubt, we do that. We have not modeled that. We're not sure how that will work. And I will commit to you that it will take resources to monitor that, because you are now -- when you go outside the interlocal agreement Page 104 January 25, 2011 and you go outside the umbrella of Collier County EMS, you give us another -- basically a municipality-type operation of which to manage and observe. We need to have resources and come up with a business process so that if there is an annual renewal, then we already have measurements and processes in place and we can evaluate. And I'm confident we'll have, you know, that coordination that -- it's key. We have to have the information. We've got to have business process transfer and some of that. So there's -- this is new territory, and I think that's the thing I want to make sure that you are aware, and it's not that we're just going to grant lightly in that process, because you ultimately hold us responsible county-wide. So understand that that's new territory . We will have to plow through it. COMMISSIONER COLETTA: Okay. Well, I have -- even though I have a lot more questions, I'm going to turn this back over to the Chair. MR. SUMMERS: Thank you. CHAIRMAN COYLE: Commissioner Henning, could I close the public hearing, or do you have something that you need to ask -- okay. I'm going to close the public hearing. COMMISSIONER HILLER: I have questions that I haven't had an opportunity to ask that I'd like to ask. COMMISSIONER FIALA: Let me ask this first, before we -- CHAIRMAN COYLE: Your light was on first, Commissioner Fiala. COMMISSIONER FIALA: I know it was. COMMISSIONER HILLER: I'm sorry. COMMISSIONER FIALA: But this question is just to you. Is it time for a break for lunch so that everybody has a little bit of time to think through all that we've learned and then come back, and -- Page 105 January 25, 2011 because there's going to be a lot more questions and a lot more time? What do you think? CHAIRMAN COYLE: I don't think anybody's thinking at this point in time, quite frankly. I'll do whatever the board wishes to do. Would you like to break for lunch, or do you want to try to struggle through it and get through it in the next few minutes? COMMISSIONER COLETTA: I don't think you're going to get through this thing in at least a half an hour. COMMISSIONER FIALA: Because I have quite a few questions. That's why my light's on. CHAIRMAN COYLE: Okay. We're going to break for lunch. We'll be back here at 1 :40 -- 1 :39. (A luncheon recess was had.) CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission meeting is back in session. We have closed the public hearing except that Commissioner Hiller wants to ask some questions, which is certainly permitted it. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: So-- COMMISSIONER FIALA: Wasn't I next? CHAIRMAN COYLE: You were next, yes, but in sequence, it is permitted. COMMISSIONER FIALA: Oh, I think I was, anyway. CHAIRMAN COYLE: Yes. COMMISSIONER FIALA: Okay, okay. COMMISSIONER HILLER: So the public hearing is still open then? CHAIRMAN COYLE: The public hearing is not open -- COMMISSIONER FIALA: Oh, the public hearing has to be open? CHAIRMAN COYLE: -- but you can ask questions of anybody you wish. Page 106 January 25, 2011 COMMISSIONER HILLER: What do you mean by the fact that , we re -- CHAIRMAN COYLE: The public has spoken; they've given their input. COMMISSIONER HILLER: Well, that's the issue, because there are some members of the public that I'd like to ask clarification from. CHAIRMAN COYLE: That's fine. You can call on anybody you want to. COMMISSIONER HILLER: Thank you very much. CHAIRMAN COYLE: Including Mr. Yovanovich. COMMISSIONER FIALA: Don't call on him. CHAIRMAN COYLE: You won't get many valuable answers out of him, but -- MR. YOV ANOVICH: But you'll get an answer. CHAIRMAN COYLE: It's usually the wrong answer. COMMISSIONER FIALA: We're just kidding you. We need to do that. He's a super guy. We're just -- and he takes all that kidding in a friendly manner. MR. YOVANOVICH: Yes, ma'am. COMMISSIONER FIALA: Of course, only because you have to, right? Sorry. Okay. Well, we had a nice little break, and we needed to do that. So I have a number of questions, as I listened to everything that everyone said. I wish I would have put them in a particular order. One of the things that was said was north Naples must reapply each year to continue their COPCN; is that correct? MR. YOV ANOVICH: Yes, it's a one-year license or certificate. COMMISSIONER FIALA: Okay. If a COPCN were approved today -- right now you've applied for non-transport, but I don't know if that is the best way to go, only because there could be some problems. If -- say, for instance, fire is -- has approved ALS, and then an Page 107 January 25, 2011 ambulance comes up to transport and there happens to be a different way of dealing with this circumstance and there's maybe some traumatic things that take place, who is to blame? And so I was wondering -- and I guess I have to ask this of Leo more than anything else. I was wondering if, number one, a COPCN could be approved but yet no EMS people lose their jobs but they reposition those same ambulances to other parts of the county where they're really needed, and yet -- I don't want to see anybody lose jobs. I don't want to see EMS lose jobs, and I don't want to see fire lose jobs. Can that be done? MR. OCHS: I will give you an it-depends answer. COMMISSIONER FIALA: Okay. MR. OCHS: Don't forget that your EMS essentially is funded with two revenue streams; 50 percent is ad valorem taxes, the other 50 percent is user fees. So if you discontinue transports in the North Naples Fire Control District and redeploy those assets somewhere else, you'll have the same expenses, but you'll lose the revenue that you had historically billed for service at least in the North Naples District. COMMISSIONER FIALA: Wow. MR.OCHS: So, you know, at least theoretically, if I understand your question, ma'am, if you're saying if you grant a COPCN with a transport requirement in North Naples, that they -- they would provide transport to the hospital as well as treatment on the scene, and that would allow you to redeploy not only your MEDCOM units, but also your actual ambulances out of the North Naples District into other areas. You could certainly do that. You would maintain the same level of expense that you have today, but if you're not billing for calls that you had historically in the North Naples District, you would lose that revenue and you'd have to take that into consideration, either add that in as more ad valorem transfer to EMS, or you try to cut expenses in Page 108 January 25, 2011 other areas. COMMISSIONER FIALA: Okay. Because as Commissioner Coletta was talking about, much-needed ambulances out there where the response time is average 12 minutes rather than 8 minutes, I thought this could be a good compromise where everybody would win and nobody would lose jobs. But apparently it isn't a good compromise because of financial situations, right? MR.OCHS: Well, no, ma'am. It may still be able to work, but as Mr. Summers said earlier today, you know, we'd like a little time to evaluate that. A lot of what will come out of that evaluation will depend on whether you issue -- if you choose to issue at all -- a COPCN with transport required or without transport required. A number of assets that we would have to maintain in that district is different depending on that decision. And-- COMMISSIONER FIALA: Now -- okay. I understand that. So then if we issued it as it's applied for without transport, then maybe the doctor -- and I'm sorry, I can't remember your name again. MR. YOV ANOVICH: Panozzo. COMMISSIONER FIALA: Panozzo. I keep thinking -- okay -- Panozzo can tell me, what can we do to assure that there is not going to be any problems when one agency is caring for the patient immediately and another agency comes in to transport, and maybe there's difference of opinions and all of a sudden you've got problems? MR. AGUILERA: Commissioner, we're working off one protocol. COMMISSIONER FIALA: Yes. MR. AGUILERA: So the opportunity of those issues arising, I'm not saying can't, but are minimal. This current -- what we're proposing currently happens in Lee County. And as you said -- heard the speakers, there's really not an issue there. The North Naples Fire Department has -- is committed, as part of Page 109 January 25, 2011 their proposal, is that there is going to be a continuity of care, so I don't see the disagreements arising on patient care. Once they arrive on scene, if they start ALS or that patient needs an extra set of hands, that team will go to the hospital together. So there's not going to be this blank hole in the middle, okay. The continuity's going to be there, and we're going to be working off one template. COMMISSIONER FIALA: I need to be reassured that that's -- and you had told me in my office on Marco that your doctor would be working with Dr. Tober so that they would have the same protocol, right? MR. AGUILERA: We're committed to having our medical director work closely hand in hand with the Office of the Medical Director, yes, ma'am. COMMISSIONER FIALA: Okay. Another thing that I've heard -- and that was a big concern for some of the EMS people that have been in my office, was what happens when, you know, one cares for the patient immediately and the other one transports. I had so many other questions. Hold on just a minute. Does anybody know how the North Naples community feels? I mean, the residents of North Naples. We really haven't heard from them, and I was just curious to know if they have opinions one way or the other. CHIEF STOLTS: I'd be glad to answer that, Commissioner. For the record, Fire Chief Orly Stolts, North Naples Fire. For the last two years since I became the fire chief at North Naples, I've made a commitment to go out to a lot of our communities and meet with the people, go to their association meetings and talk with them. And this is a subject that I've been talking with them about for the two years. And actually, they're appalled that we can't do it right now, to tell you the truth. The majority of the people are sitting there going, "What is the problem?" And be they -- and I'm -- speaking for them, Page 110 January 25, 2011 they would be very happy if we could get our certificate of need and do what we need to do when we arrive on scene. Right now they expect us to do that, and it's hard to tell them that we aren't allowed. COMMISSIONER FIALA: You know, one of the things that disappointed me this morning as I listened to everyone speaking was three -- three of the personnel that came up insisted that all that was needed was BLS and not ALS, which is what started this whole thing in the first place. And we've got 54 guys here that are eager and just as passionate as the EMS guys to provide service, lifecare service, lifesaving service to these people. My son always says, "Saving lives, we're saving lives." He just, you know, feels very strongly about that. Well, I think everybody does. And I want to see both being able to that do. I was very impressed with -- oh, gosh -- Walter Stevens who said how well it goes in Lee County. Everybody's working just fine. I'm tending to -- I'm tending to think, as long as nobody loses jobs -- I don't want to see losing jobs, whether it be EMS or fire -- and I want to see the greatest amount of healthcare provided, emergency healthcare provided to all of our citizens so we have the best opportunities in the world to have a safe outcome. I'm tending to go that way. So I'll just say that for now. I won't -- I won't take any more of your time, but I have a couple other things I might come back with. Thank you. CHAIRMAN COYLE: Commissioner Henning, you were next, if I remember correctly. COMMISSIONER HENNING: I'm ready to make a motion. CHAIRMAN COYLE: That would be very, very nice. COMMISSIONER HENNING: I'm going to make a motion and findings that the application by North Naples Fire Department meets the intent of Section 7 A, B, C, and D of our ordinance. This will only Page 111 January 25, 2011 be a one-year -- and I think that is very important because that's what the statutes state. But we give it a trial, and if it works, great, let's build upon it. If it doesn't work, great, we've learned our lesson. But if we didn't step out there every once in a while, we'd all be driving on stone tires, and I'm willing to give it a chance. It's all about public safety . You will be working under protocol adopted by Collier County's medical director. MR. YOV ANOVICH: Correct, absolutely. COMMISSIONER HENNING: Right. And the other commitments that you have made to this board will be a commitment of this one-year license. Yes, sir. MR.OCHS: Commissioner, I was wondering if I could get a little bit of clarification, if the board would permit. When we're talking about under the medical director's protocol, I'm just looking for some clarification if that means under the exact same training regime, Rich, or is protocol and a training regime a different animal? MR. YOV ANOVICH: The protocol and training are separate animals. Protocols is the how-tos. The training is Dr. Panozzo's responsibility to make sure that the paramedics are competent to implement the protocols. COMMISSIONER HENNING: The training will make the paramedics competent -- MR. YOV ANOVICH: To do the protocols, absolutely. COMMISSIONER HENNING: -- to do the protocols. MR. YOV ANOVICH: It's Dr. Tober's protocols, and we will train our paramedics to implement his protocols. MR.OCHS: Because in the absence of that, you know, the rhetorical question is, if they're going to be identical, then why would we not just continue the ALS engine agreement that we've had in the past? COMMISSIONER HILLER: If I may? Page 112 January 25, 2011 MR.OCHS: Well, it's up to the chairman. CHAIRMAN COYLE: Yeah. Well, we have a motion. Is there a second to the motion? COMMISSIONER FIALA: I'll second the motion, and I'd love to answer that question. You say, why wouldn't we just keep one ALS, and I was tending to go toward that, you know, just have ALS come back up. But then as these few people came up and said, well, they don't need ALS, they need BLS, I thought, we're going to go back to the same old thing. That's what I fear. MR.OCHS: No, ma'am. I think-- CHAIRMAN COYLE: We have a motion and we have a second. N ow we can have discussion. And I think Commissioner Hiller was next. COMMISSIONER HILLER: I don't believe that you can legally limit in any way the medical director's prerogative with respect to training, just like you can't limit or direct Dr. Tober. It's their license. They have an affirmative duty to provide the training necessary to comply with the standard that has been established legally and by practice in Collier County. So I don't think that we have the ability to mandate that. Dr. Panozzo has his license on the line. He has a legal duty, which is equal to Dr. Tober's. He has an affirmative duty to train and supervise these paramedics to provide the level of service which has been deemed the level of service adopted by Collier County. I don't think you can legally do that. I think that would not be possible. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Well, I listened to all the discussions that are going on, and I still have concerns. And some of those concerns are, as Leo brought up a little while ago, that the income stream that's coming in is 50/50; is that correct? MR.OCHS: Yes, sir. COMMISSIONER COLETTA: Fifty percent of it's dependent Page 113 January 25, 2011 upon a -- the collections that you get from the recipients that use it. So if we take and we shift the personnel out to the eastern part of Collier County, which to me is a big plus -- I mean, I absolutely love the idea -- someone's going to have to pay that loss of income. I'm not too sure, but North Naples department's, what, one-quarter of the calls in the county? Anybody know? MR.OCHS: I don't know, sir. COMMISSIONER COLETTA: Anybody got a rough idea? MR. LOMBARDO: Thirty-five percent. COMMISSIONER COLETTA: Thirty-five percent. MR.OCHS: Well, we'll get you an answer, sir. What is it, Jeff? MR. PAGE: For the record, Jeff Page with Emergency Medical Services. I was looking at North Naples; 2009 statistics. They reported 5,200-something EMS calls. We currently respond to about 40,000, and of those about 23,000 transport. COMMISSIONER COLETTA: What does that come up percentage-wise? MR. PAGE: Help me. COMMISSIONER COLETTA: Within five digits. MR. PAGE: Within five days. COMMISSIONER COLETTA: No, five digits. No, I mean, about what, a third? MR. PAGE: It's a small percentage. COMMISSIONER COLETTA: Twenty-five percent? MR. PAGE: Less. COMMISSIONER COLETTA: Well, 25 percent. MR.OCHS: No, it's under 10. COMMISSIONER COLETTA: Under 10 percent, but still there is going to be a cost -- cost increase to the rest of the county undoubtedly. COMMISSIONER HILLER: No, the opposite. MR. YOV ANOVICH: Commissioner, that's only if we start Page 114 January 25, 2011 doing transport, but we haven't asked for transport. There will be no increase. All of the revenue from transports will still go to the county system. So there will be no -- there will be no shortchanging of the revenue stream for this. COMMISSIONER COLETTA: And believe me, it does give me a little bit more level of comfort. MR. YOV ANOVICH: Right. COMMISSIONER COLETTA: But going back to monies issues and coverage issues, I wonder if my fellow commissioners would be willing to, when it comes up again -- and I'm not too sure when it does. You can tell me, Leo -- when we consider all the services that are out there, when we evaluate them against the population, and come up with directions for it; in other words, how many -- how many thousands of people equal one acre of park land. We go through all that and we look at the medical-service part of the whole thing again as far as EMS response, and we recognize the fact that in the urban area, you have a response of eight minutes; is that correct? MR. OCHS : Yes, eight minutes, 90 percent of the time in the urban area. COMMISSIONER COLETTA: Okay. And then in the rural area, we're looking at 14 minutes? MR.OCHS: Twelve minutes, sir. COMMISSIONER COLETTA: Twelve minutes -- that we say, okay, fine. We recognize the fact that we have made a compromise to be able to bring North Naples up to a new standard and a new direction, and that that compromise will result in additional services to the rest of the county and that we lower that response time to maybe ten minutes. If we could do that, now we're getting to the point -- COMMISSIONER HENNING: It has nothing to do with the topic at hand. Page 115 January 25, 2011 COMMISSIONER COLETTA: It does, though. It has everything to do with the topic at hand. I mean, I'm looking out for the whole county, and I want to make sure that -- I've heard a number of people say that there would be a benefit to the remainder of the county with these people, this personnel, be able to be recycled back to the eastern part of the county to be able to provide services. So if we can come up to an understanding that the goal of those services is to lower the response time, I'm there. CHAIRMAN COYLE: I don't think that's what they've said, but nevertheless. Let's answer Commissioner Coletta's question, and then we'll go to Commissioner Hiller. COMMISSIONER COLETTA: Well, is he the right person to do it? COMMISSIONER HILLER: Can I comment on what Commissioner -- CHAIRMAN COYLE: Well, let's get his question answered, and then we'll go to you, Commissioner Hiller. MR. YOV ANOVICH: I think that's you, Jeff. I'm not sure that's me. I mean, I think what -- the system we're talking about gives you a period of time the next go-round for you to study the impact on service times or response times to where, long term, you may be able to reallocate resources. I can't commit to you today that that will actually happen, but it's something that you're going to -- and you can look at, and this gives you an opportunity to study that and evaluate the possibility of shifting stationing of units, which I think Jeff said, before you would station units -- COMMISSIONER COLETTA: Let my EMS people talk about this, and I might be able to get that level of comfort I need. MR. PAGE: For the record, Jeff Page with Emergency Medical Services. Yes, Commissioner, we theorize that, you know, given the history, we know that only 65 percent of the calls result in a transport. Page 116 January 25, 2011 So theoretically we could reduce at least two units out of that district, even if they don't do transport. And if they do do transport, it could be five. But the other aspect is that -- something that we really heard for the first time today, if they're actually willing to put the paramedics on those transports, that reduces our need to even provide paramedics up in that district during the transport. In other words, if their paramedic is going to be the paramedic in charge, then there's a possibility you could actually staff our units with EMTs -- COMMISSIONER FIALA: But that isn't what they said. COMMISSIONER COLETTA: Let me -- I'm sorry, Donna. I didn't mean to jump on you -- COMMISSIONER FIALA: I'm sorry. COMMISSIONER COLETTA: -- but I'm still trying to get to where I need to be, then I'd love to have everybody else come into this. And I don't know quite how to get there, other than the fact that my fellow commissioners agree that they see that there's a need, and this would be a benefit to the people in the eastern part of Collier County, and that they're willing to work on this going forward. But if they're silent, then I am going to be very suspicious of the fact that this is never going to see the light of day and, through attrition, we'll go back to where we were before and we'll have higher medical costs -- higher transport costs than we've had before. So, you know, I'm just looking for reassurance not -- from you a little bit, but also from my fellow commissioners, that they recognize that there's a need and that this will enable us to get to that need, and you recognize that need when you come up with, what, your EAR report, and start to evaluate everything that's out there. MR. PAGE: Budget time would be another time. And, Commissioner Fiala, I want to -- I'm not talking about laying off anybody. I'm talking about reallocating the type of Page 11 7 January 25, 2011 personnel and the experience of the personnel up in the North Naples District. If they're going to be getting on the units themselves providing that paramedic advanced life support, then I don't know that there's a need to have two. COMMISSIONER FIALA: But, Jeff, didn't they just say -- they said only if they're needed -- MR. PAGE: Right. COMMISSIONER FIALA: -- otherwise the transport -- the ambulance only has your people on it. Only if you needed an extra paramedic would they then accompany you. COMMISSIONER COLETTA: Well, here's the problem, Commissioner Fiala. All that's fine and good. And they're not going to lay anybody off. It's not going to happen. You need every single person you've got out there, but what they will do, if that point in time does come when dollars get tight, through attrition, they'll start to disappear. Unless we set a standard that's going to meet the needs of the residents of Eastern Collier County, including your district, and it's going to give them an enhanced response time by minutes or whatever, unless we're willing to make that commitment, it's never going to happen. It will just be a matter of time, be it through attrition, that you'll have it at the same level that it's at now. North Naples will have the enhanced service. We'll have the same service we ever had. What's in it for the rest of the county? It's got to benefit everyone. COMMISSIONER FIALA: You go for it. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: May I? CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Commissioner Coletta, I completely understand your concerns. I think there needs to be clarification on the semantics. Page 118 January 25, 2011 Collier County has a target of8 minutes and 12 minutes. That's actually not the standard. We haven't legally committed that we will respond in 8 minutes or we will respond in 12 minutes. And jurisdictions typically don't do that for liability reasons. It's very important because there's a very clear distinction. So talking about those targets versus what's actually going on is a discussion we haven't had. Another thing we haven't discussed are the statistics and how those statistics are actually compiled. You actually have to set a methodology that we would all approve and so on and so forth. So I understand where you're coming from, but to just say, let's say move it to ten minutes, I think more generally is to say, to see an improvement -- an improvement in actual response times across the county is the objective, because that's the overall benefit by adding these paramedics to the overall pool of paramedics saving lives today. COMMISSIONER HENNING: I understand what you're saying, and thank you very much for clarifying it. I am concerned about the whole county. COMMISSIONER HILLER: Right. And I am, too. COMMISSIONER COLETTA: Not only the eastern part of the county, because you have North Naples and the City of Naples, which do an excellent job of providing services, and they don't have a problem. It's when you get closer to 951 and the other side is when the problem starts to get more severe. COMMISSIONER HILLER: Exactly. COMMISSIONER COLETTA: But I mean, you know, it's unique. What I'm looking for -- and I do understand. And it's not a guarantee because they do say within 90 percent of the time or 80 percent of the time they can respond within that. Do I have the commitment of this commission to recognize the excess forces that we'll have out there when it comes time for the EAR report -- Page 119 January 25, 2011 COMMISSIONER HILLER: Yes. COMMISSIONER COLETTA: -- to be able to dedicate them to be able to meet more enhanced medical response for the eastern part of Collier County? COMMISSIONER HILLER: Absolutely. That's what it's all about. COMMISSIONER COLETTA: In that case there, I got-- COMMISSIONER HILLER: You absolutely have my word. COMMISSIONER COLETTA: -- one. The other one is just basically nod a little bit or just say, yeah, yeah, sounds good, and we've got to consider all things. CHAIRMAN COYLE: Whatever commitment you get from us at the present time is absolutely meaningless. It can only be valid if at the point in time the facts justify the decision and we decide to vote that way. So you can't extract from us a promise to vote on something sometime in the future. COMMISSIONER COLETTA: Commissioner Coyle, I'm just -- I just want to extract the fact that people are willing to look at this with an open mind -- COMMISSIONER HILLER: Absolutely. COMMISSIONER COLETTA: -- and understand where I'm coming from, and that when we sit down to talk, that all these things will enter into the discussion, and it won't be a case of trying to cut the budget for EMS through attrition to be able to get back the same standards it is now, which are inadequate. CHAIRMAN COYLE: Okay. One thing I've learned -- it probably took nine years to learn this. I can count to three, okay, and it probably doesn't make any difference what you or I vote on here. It's going to get approved. COMMISSIONER COLETTA: Well, you're ruining my chances of getting a concession -- CHAIRMAN COYLE: No, no. Page 120 January 25, 2011 COMMISSIONER COLETTA: Thanks a lot. CHAIRMAN COYLE: I'm not going to give you any -- just a moment, just a moment. I haven't spoken at all in this process, and I'm going to call the question for a vote very quickly. And I'm not going to try to talk anybody out of approving this, but I'm going to make a couple of points, because I am going to vote against it. There are too many balls in the air right at the present time. We've got this request for certificate for North Naples. We've got the Blue Ridge (sic)-- MR. YOV ANOVICH: Where you want to be. CHAIRMAN COYLE: Yeah, the Blue Ridge Boys -- the Blue Ribbon panel that has made some recommendations, and we've committed to considering at least those, including an organization that would somehow consolidate public-safety functions in Collier County. And we've got legislation that North Naples is proposing, and they want our input or a decision concerning that. There's just too many balls in the air to be able to make sure, in my opinion, that we don't do something that conflicts with our options sometime in the future. It's too easy to say, no, of course not. But it's difficult. The other thing is that this fantasy that because the two medical directors operate under the same laws and the same procedures we'll somehow have the same level of training and competency, that's like saying, just because two fire commissioners operate under the same laws and the same standards, that both organizations are equally competent, equally motivated, equally disciplined. That simply is not true. It doesn't happen. It's the execution of the policy and the training programs that determines the level of excellency of the organization. It is naive to think they will be the same. They might be better. They might be worse. But they will not be the same. Page 121 January 25, 2011 The other thing is that there is a fundamental issue that I think we've all debated -- and there's no point in talking about it much more -- and that is the separation of transport from ALS care. It's insanity to think that you're going to dispatch an EMS ambulance without an ALS member on it to go to an emergency site and anticipate that the North Naples ALS person is going to be there and accompany you and that you won't need an ALS person, and that's what I just heard said. We won't dispatch an ambulance. No, I'm talking about our own people, okay. So you can't manage emergency situations like that. And every time you do a changeover of responsibility, a hand-off, you increase the risk to the patient. And you all know that. There is no doubt about that. I've been here, and I have talked with fire chiefs from North Naples over the past decade. I have never, ever found a situation where North Naples was happy with anything EMS does here. Okay. There's never been any cooperation in that area. And when you have North Naples providing ALS care and EMS providing transport, there's going to be conflict and there's going to be finger pointing. It is unacceptable if North Naples can arrive there quickly with ALS services, that they would have to wait for an EMS transport capability to arrive. If you can get there with ALS people, you ought to be able to transport them. And by failing to address that issue, you are increasing the risk of the people that you say you're trying to protect. And with that, I'm going to call the question. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: (No verbal response.) CHAIRMAN COYLE: Okay. All opposed, by like sign. Page 122 January 25, 2011 And -- aye. I oppose it. It passed 4-1. COMMISSIONER COLETTA: Would you please bear with me for a second, sir. You were talking so fast I didn't get a chance to say I oppose it, but I thank Georgia Hiller for keeping her mind open -- CHAIRMAN COYLE: Okay, all right. COMMISSIONER COLETTA: -- for consideration in the future of how we're going to get there. CHAIRMAN COYLE: Okay. Did it fail-- pass 3-2, is that what you're saying? COMMISSIONER HILLER: It passed. COMMISSIONER COLETTA: Yep, it passed. COMMISSIONER HENNING: Commissioner Coyle? CHAIRMAN COYLE: It passed 3-2 with Commissioner Coletta and me dissenting. Yes? COMMISSIONER HENNING: You know, just an observation that's been going on for quite a while. When we have an item on the agenda for discussion and consideration, we have certain commissioners that wants more for his district that his -- has nothing to do with the topic at hand, and it needs to stop. COMMISSIONER COLETTA: No, it won't stop. COMMISSIONER HENNING: That is not how we do business when we're talking about one issue and that commissioner wants more for his district. COMMISSIONER COLETTA: Commissioner Henning, I'm going to have to respond. I've seen you do it numerous times. You called it trying to strike a deal. In this case, I'm looking out for my district, and, by God, there'll be nothing that will ever deter me from doing that. CHAIRMAN COYLE: Maybe a rap with the gavel. COMMISSIONER COLETTA: You have to hit me really hard. COMMISSIONER HENNING: I'll get you a bigger gavel if you Page 123 January 25, 2011 need one. CHAIRMAN COYLE: Okay. Commissioner Fiala, you just turned yours on. COMMISSIONER FIALA: Yes. Were you first or-- CHAIRMAN COYLE: Yes, she was first, but -- COMMISSIONER HILLER: Are we -- COMMISSIONER FIALA: I just wanted to make one more comment. CHAIRMAN COYLE: You just passed it. COMMISSIONER FIALA: We just passed it, but I -- you know, two points that you made were excellent, and I just wanted to comment on them because I'm going to be thinking them through throughout the next couple weeks. One good point is about dispatching ambulances and then somebody saying they might not dispatch them because they already have things there -- not you guys, our side. MR. YOV ANOVICH: No. COMMISSIONER FIALA: That really concerned me. CHAIRMAN COYLE: No, that's not what I said. That's not what I said. COMMISSIONER FIALA: Okay. Tell me -- CHAIRMAN COYLE: And that's not what they said. MR.OCHS: No, that's not-- COMMISSIONER FIALA: Not them, but Jeff. CHAIRMAN COYLE: That's not what Jeff said. MR. YOV ANOVICH: No. COMMISSIONER FIALA: So clear that up for me. That was one concern. CHAIRMAN COYLE: The comment as I understood it was that sometimes they'll get a call and they -- it is not identified as a transport, so he won't send -- he suggested that maybe they don't send an ALS person along with that, and I thought that would be an Page 124 January 25, 2011 intolerable situation, because once you get there, things change. But in any event, that's what I was talking about. But he didn't say he wouldn't dispatch an ambulance. He didn't say that. COMMISSIONER FIALA: Okay, okay. Thank you for putting me at ease. And the other thing you said and you talked about was finger pointing when you've got fire there and EMS coming and then finger pointing, and that is also a concern. We have to see what we can do, and this is -- I challenge you to see if you can't create a harmonious atmosphere between the two as they have on Marco Island. So that's my challenge to you. CHAIRMAN COYLE: Good. MR. YOV ANOVICH: Thank you for your time. CHAIRMAN COYLE: We're -- we've finished with it. COMMISSIONER COLETTA: Question? CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: If I may. Where do we go now with the Blue Ribbon panel and their recommendation? COMMISSIONER FIALA: Well, their recommendation is on something else, not on COPCN. CHAIRMAN COYLE: Not really, but that's all right. It's another item, but they're very closely related. But nevertheless, that's another item, right? COMMISSIONER HENNING: Right. CHAIRMAN COYLE: You're going to come back to us with a workshop scheduled for that. MR.OCHS: Yes -- yes, sir. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: May I -- can I ask? Leo? MR.OCHS: Yes, ma'am. COMMISSIONER HILLER: When do you anticipate -- I would like to recommend that maybe we schedule that workshop for the Page 125 January 25, 2011 middle of February . We have never -- when we actually voted on having the workshop and bringing back those options, we never really defined when that was going to happen, and I think we should have a target date. So can we say the middle of February? Does that give you enough time to work with the Blue Ribbon Committee? Because remember, the only thing you're developing is the options for the structure, not actually the system. MR.OCHS: Yes, ma'am. COMMISSIONER HILLER: Because that committee will develop the protocols for the system, if a committee is -- or commission, or whatever you want to call it, is adopted. MR. OCHS : Yeah. And perhaps I could talk with Jeff on the break, and we could come to that at the end of the meeting, ma'am. COMMISSIONER HILLER: I would appreciate that. MR. OCHS: Because I haven't had a chance to really consult with Jeff. COMMISSIONER HILLER: Okay. Thank you. MR. OCHS: And he's going to be very involved in this, obviously, from a legal standpoint. COMMISSIONER HILLER: I can imagine. Thank you. CHAIRMAN COYLE: Okay. And we're right on time for our -- COMMISSIONER FIALA: 11 o'clock. MR. OCHS: 11 a.m. time-certain. CHAIRMAN COYLE: 11 a.m. time-certain. Item #10K RECOMMENDATION TO AWARD BID NO. 11-5633 FOR WIGGINS PASS MAINTENANCE DREDGING TO SOUTHWIND CONSTRUCTION CORPORATION FOR A NOT TO EXCEED CONTRACT TOTAL OF $750,000 AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE STANDARD CONTRACT Page 126 January 25, 2011 AFTER COUNTY ATTORNEY REVIEW AND APPROVAL - APPROVED MR.OCHS: Yes, sir. That's Item 10K on your agenda this afternoon. It's a recommendation to approve award of Bid No. 11-5633 for Wiggins Pass maintenance dredging to Southwind Construction Corporation for a not-to-exceed contract total of $750,000, and authorize the chairman to execute the standard contract after county review and approval. And Mr. McAlpin will begin the presentation. MR. McALPIN: Thank you, Leo. F or the record, Gary McAlpin, Coastal Zone Management. Mr. Chair, this item is a continuation of our maintenance program for Wiggins Pass. Over the last two years, the pass has shoaled in approximately 50,000 cubic yards. Vessels are having difficulty getting in and out of the pass. There have been strandings. At low tide we measure the water level at between 18 and 2 foot of clearance. We have just received our state permit to do this work yesterday. Our federal permit is pending. That doesn't give us a concern because the federal permits always are subsequent to the state permits. We don't anticipate any issues -- COMMISSIONER COLETTA: Motion to approve. MR. McALPIN: -- associated with that. CHAIRMAN COYLE: We have a motion to approve-- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: -- by Commissioner Coletta, a second by Commissioner Fiala. Commissioner Henning? COMMISSIONER HENNING: Yes, thank you. I do have congratulation on another topic, but that's not on the agenda today, so I will save it. Page 127 January 25, 2011 MR. McALPIN: Thank you. COMMISSIONER HENNING: Okay. It has nothing to do with firefighters in District 5. My question is, in their backup material you have laid out, very eloquently laid out, how much it's going to cost for each task, and one of those tasks is the monitoring of the dredge. Previously, we have allocated monies for this every-other-year dredge for Wiggins Pass. What happens to those dollars allocated for that monitoring? Will that continue on? MR. McALPIN: The monitoring that we're talking about on this -- on this contract, Commissioner Henning, is for turbidity monitoring. So it's monitoring the clarity of the water at the dredge location and at the discharge site. COMMISSIONER HENNING: Okay. MR. McALPIN: I think you're talking about beach monitoring that goes on on a yearly -- and past monitoring where we survey the beaches, we come up with an elevation and a profile, and we know -- so they're completely two different types of monitoring. COMMISSIONER HENNING: Okay. And there's no way, from other correspondence, to put a hardened structure to stop this every other year having to dredge Wiggins Pass? MR. McALPIN: We're moving forward with a program to-- master plan to straighten out the pass. We started this activity about four years ago. We're in the process of working with the state and other state -- stakeholders on this item. We estimate that we're a couple of years away from getting the permit. We have had good cooperation with all of our stakeholders. We do not believe -- and the state has come back to us and said that a jetty or a hardened structure on this pass is just not acceptable, and that would not be permitted. So with that, we're moving forward with a straightening of the pass to hydraulically balance it, and we'll straighten it by putting sand Page 128 January 25, 2011 dikes in there. And we expect that when we're permitted and when we're finished with the design, that we would stretch the time frame out from two years to four years. That's what we're looking at. COMMISSIONER HENNING: My last question -- and I think this is very important since we have a governor that wants to stop the bureaucracy -- would this be an appropriate time to let the governor or our legislation delegation know, hey, we're spending a lot of money here dredging this pass every other year, and there is solutions to, you know, stop that process by putting a hardened structure. Mr. McAlpin, I would rely on your expertise. MR. McALPIN : Well, this is one area that we have brought up in the CAC. This is one area we talked about workshopping. We certainly have talked about potentially going to Governor Scott and -- with the issues associated with permitting. Whether we would be successful in a hardened structure, putting in a hardened structure here or not, Commissioner, I don't know, but it's certainly from -- something that could be advanced to the governor, yes. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN COYLE: Commissioner Hiller? And by the way, I would support that, too. COMMISSIONER HENNING: Doesn't that make sense? CHAIRMAN COYLE: Oh, of course it does. And we have experience with that. Gordon Riv- -- Gordon Pass has a hardened structure, and we're not dredging that one every other year. MR. McALPIN: Doctors Pass is the same way. CHAIRMAN COYLE: Yes, yes. It's clear that it works; it's just people who have extreme views about how we do things nowadays. Commissioner Hiller? COMMISSIONER HILLER: Yes. Gary, thank you for your introductory presentation. I was the one who asked that this contract be pulled off the consent agenda and placed on the regular agenda, and thank you very Page 129 January 25, 2011 much for establishing a time-certain which, unfortunately, was not adhered to for the benefit of the citizens that are interested in this topic. The reason I pulled it off the consent agenda is not because I don't feel there is a need for the dredge. I pulled it off the consent agenda because of what I see as the possibility of irregularities in the bid process. And I'm extremely concerned about what's going on. I'm going to layout the facts and tell you what I have come up with. But before I do, I'm going to introduce some evidence in the record. And this is the package, so I'm going to go ahead and bring that down. The first issue that came to my attention was that when this contract, this bid, if you will, was presented in front of the CAC, I received an email from one of the members of the CAC explaining to me why they did not vote in support of the Southwind contract. And I'm just going to go ahead and read it to. And this email is part of the record. And it actually was from -- it's dated January 21, 2011, from Tony Pires to myself. And the subject is Wiggins Pass dredging contract award. He says as follows: "My negative vote on awarding the bid to Southwind was based in part on: Number one, upon inquiry I was advised that no bidder other than Southwind was notified of the change in the permit conditions and thus specifications which related to turbidity levels and, two, the reduction in the Southwind bid was primarily in the area of mobilization approximately 72,000, which did not, in my opinion, have any relationship to an asserted reduction in price attributed to the changed permit conditions as to turbidity and, three, Southwind did not answer all of the questions as to equipment." CHAIRMAN COYLE: Do you want an answer from somebody on that, Commissioner Hiller? COMMISSIONER HILLER: No, I'm not done. I'm not done. The next email that I received was a communication between Mr. Page 130 January 25, 2011 Pires, Mr. McAlpin, Gail Hambright, Scott Johnson, Steve Keehn, Steve Carnell, and Colleen Greene. And it says, "Gary, thanks for getting back to me so quickly; however, as to my question one, Southwind did not provide the size and type of equipment as required by the bid specs and did not respond to the first question in C, see below, and I would submit that as a result, their bid is nonresponsive." The question is, C, what size and type of equipment will you use -- will you use on this project to include scows, boosters, cranes, barges, what equipment will you purchase or rent for the proposed work. The answer was, "No equipment will be rented." A second set of facts relates to two bidders that were disqualified, one in particular, the lowest bid, and that company was Florida Bridge and Dock. And the amount of the bid from the lowest bidder was 535,000. The bid that was actually approved -- I can't see the number. Can we -- can you move the -- was basically just so you -- and I highlighted that by my notes. The bid that was actually approved was $300,000 higher for the exact same dredge; 836,000 compared to 535-. So when I saw that material difference in price for a simple dredge, I asked myself why there would be a $300,000 difference and why this low bidder was disqualified. And the reason that was given was because a supplemental questionnaire was not provided. So I went to the documents to see what was required to be provided, and the bidders' checklist did not include the supplemental questionnaire. So there's no basis for a technical disqualification based on that supplemental questionnaire. In fact, Part B of the instructions to bidders, Section 4, which address the right to reject bids, specifically provides that the owner reserves the right to reject any and all bids or to waive informalities and negotiate with the apparent lowest qualified bidder to such extent Page 131 January 25, 2011 as may be necessary for budgetary reasons. We're talking about $300,000, ladies and gentlemen. So I questioned whether this supplemental questionnaire and the information the county had would make such a difference as to affecting the outcome of this bid. And here's what I found out. I found out that the reason that this bidder was able to bid $300,000 less is because they are being awarded the bid to dredge in Estero. And so what they're doing is they're benefiting Collier County because they're already bringing this dredge equipment out there, and basically they're sharing the cost between Estero and us and giving us the advantage of the cost savings. So then the question becomes, is the dredge equipment of a size and nature so as to be able to satisfy the requirements of this bid? And here's what I found out. That the engineer who works for Collier County who reviewed these bids, our consultant, Coastal, was also the engineer who reviewed the bid proposal on the Estero dredge and knew exactly what Florida Dredge was bringing to the table. There is absolutely no basis for Collier County to pay $300,000 more for this bid. And, therefore, while I completely agree that the dredging is required and it's required now, there is no justification for one piece of paper when our engineer, Coastal, knew exactly what Florida Dredge was going to provide and was capable of providing, to spend $300,000 more in this particular case. MR. McALPIN: Thank you, Commissioner. I'm going to ask Scott Johnson to come up here and answer the purchasing policy issues and the purchasing questions, and then after that I'm going to ask Steve Keehn to come out here and tell why he recommended his recommendations on Southwind as opposed any of the others, specifically addressing the qualifications of Florida Dock and Dredge. If you would, please. Scott? MR. JOHNSON: Good afternoon, Commissioners. For the record, Scott Johnson, procurement strategist from your Purchasing Page 132 January 25, 2011 Department. Just a clarification. The contract amount that we're recommending for award today is a -- $750,000 even. The $836,000 was negotiated downward because it exceeded the approved budget. COMMISSIONER HILLER: That's fine. It still leaves a material difference to the tune of several hundred thousand. But thank you for the clarification. MR. JOHNSON: Secondly, I have the questionnaire that was provided as part of the bid specifications, and it was a requirement and even says on the top here -- I'm happy to lay it on the visualizer -- attach to bid form and include attachments as necessary. So-- CHAIRMAN COYLE: Put it on the -- put it on the visualizer. MR. JOHNSON: It was a requirement of the specifications, just for clarification. So when I opened this bid, Commissioner Hiller, I noticed the differences of the missing form. And as part of my due diligence and part of the requirement of the submission, they were required to submit resumes of those individuals within their corporation who had experience operating a 14-inch dredge. The requirement was for corporate experience, not an individual experience, operating a 14- inch dredge. I have here with me the three resumes that were submitted -- and happy to lay those down as well-- two of them are one-pagers. Nowhere within any of this documentation does it reference the operation of a 14- inch dredge, as a resume would generally encompass. Nowhere in here does it talk about experience with coastal dredging projects. COMMISSIONER HILLER: That, unfortunately, is irrelevant to me, because this particular bidder, Fletcher, has dredged Wiggins Pass multiple times in the past because you hired them. And I will repeat, our engineer knew exactly what they were bringing to the table because they knew what they were bidding and what had been Page 133 January 25, 2011 accepted in Lee County. And here, by the way, is the prebid information with respect to that particular bidder. Here also is the bidders' checklist which clearly does not include that supplemental questionnaire. Notwithstanding, it's very clear that in the interest of the budget -- and we are in very difficult budgetary times -- that given that you had all the experience -- I mean all the information, that you were dealing with a vendor who has dredged Wiggins Pass a number of times, that our engineer consultant knew exactly what type of equipment they were bringing to the table and what experience was being brought to the table, that it is unconscionable to overlook this particular bid in light of the material savings to the county. CHAIRMAN COYLE: Well, you know, if I might interject something. Commissioner Hiller, you're making allegations as if they have to be accepted as fact. We have a number of people who are involved in this, and I would like for them to have an opportunity to provide information before you hang them. COMMISSIONER HILLER: They are fact. CHAIRMAN COYLE: So, Colleen, you have knowledge of this -- this solicitation, and do you have any concerns with the way it was handled? MS. GREENE: Commissioner Coyle, Colleen Greene, assistant county attorney, for the record. I reviewed it in my role as the assistant county attorney assigned to Coastal Zone Management. I worked with both the Purchasing Department and Coastal Zone Management, and it is my understanding that the Purchasing Department complied with the purchasing policy in making this recommendation. CHAIRMAN COYLE: Okay. Thank you very much. Now, how about the consulting engineer? MR. KEEHN: Yes, sir. My name is Steve Keehn. I'm a coastal engineer with Coastal Planning and Engineering. Let me go ahead and just answer three of the questions that the Page 134 January 25, 2011 commissioner brought up, to begin with, from that list. I think that, number one, in regards to the change in the permit conditions, I think Gary used that as a negotiating strategy to lower the price once we narrowed down who was the lowest responsible bidder according to how we evaluated the situation. And so we probably would have given that to anybody else that -- if we had to do that negotiation. That was not received in time for it to go out as a formal change to the bid, as I understand it. We got that pretty late. I think number -- the second issue has to do with the type of dredge that was on, I think it was, Southwind's form. I think that they said it was Item C, which said no equipment would be rented. I think it was actually Item B was the answer. And Item B was the dredge, and that's the type of equipment that was going to be used. And so I think the thing is, if you look at Item B on that form -- and I don't have the form with me right now -- I think it actually says the size of dredge that Southwind was proposing for the project. And Item C was another question about other equipment, and they said, "No other equipment." I was also involved in the Estero bid, but in Estero, they're doing the same thing every county is doing right now; they're economizing. And I actually did not make the recommendation for selection of Florida Dredge and Dock for the Estero bid. I made a recommendation that the dredge had the capability to pump the project in two to five-and-a-half months based upon the information provided. I also noticed at that time there were some discrepancies in the way the dredge size was presented. And the dredge size is critical to our particular case. And just to go with it, we are -- we are discriminating in the bid documents in order to get a larger-size dredge to try to avoid problems that smaller dredges have in ebb shoals in South Florida. And we purposely -- we've been doing this since 2005 in Collier County, starting with Doctors Pass in 2005, and the previous project Page 135 January 25, 2011 for Wiggins was also -- we discriminated selecting a 14-inch dredge. And there's a reason why we do that. We know that the smaller dredges will have problems in the inlets and most likely will-- there's a high likelihood that they will not be able to complete the project. Weare at a situation right now where we don't have a lot of time until May 1 st. We have to go through the final selection process and awarding of the contract to the contractor, and then he has to get out there and dredge, and all of this has to be done by May 1 st. And since we're at the end of the season where we can dredge -- we can't dredge after May 1 st because of sea turtle season -- we need to be cognizant of who we pick to do these projects, and that's why we put a discriminator in there that we want a 14-inch dredge. Florida Dredge and Dock does not have a 14-inch dredge. They have a 12- inch dredge by definition. I confirmed this with Florida Dredge and Dock. I also called up two experts, and they confirmed how you tell which is a 14- and which is a 12- inch dredge. So based upon a discriminator in the bid documents, we did not qualify South -- excuse me -- Florida Dredge and Dock. We did qualify Southwinds. COMMISSIONER HILLER: The Estero dredge is a much larger dredge than our dredge; is that not correct? MR. KEEHN: It -- when you get to the size, what the side is of the discharge of the dredge -- COMMISSIONER HILLER: It's a much larger dredge; is it not? MR. KEEHN: By convention, no, it's not. It's a 12-inch dredge, and the Southwind dredge is a 14- inch dredge. COMMISSIONER HILLER: How large is the project by comparison? MR. KEEHN: The proj ect size in Estero is 315,000 cubic yards, and the waters are much more protected. To tell you what the difference is there, in Estero, Lee County makes it a habit of trying to work with whatever size contractor they Page 136 January 25, 2011 get, and they end up having much longer projects. They do not have a sea turtle nesting season restriction on their permits, and so they can select a contractor that's less capable, and they can select a contractor with greater risk, that it will take a long time to do the project. In our particular case, we only have till May 1 st to make sure the dredge gets out of there. If that dredge has any problems at all and it goes past May 1 st, we're going to get kicked to next fall or late fall or winter to dredge the inlet. COMMISSIONER HILLER: Besides the dredge size, what's another factor; the size of the motor? MR. KEEHN: The other factor would be probably the size of the freeboard. COMMISSIONER HILLER: And what was the size of the freeboard? If you looked at the totality of the facts of the Estero dredge, could this particular contractor dredge Wiggins Pass just as readily? MR. KEEHN: With greater risk, like I said before. COMMISSIONER HILLER: What type of risk? MR. KEEHN: The risk is, they wouldn't get done by May 1 st. I feel much more confident that Southwind, with the dredge they proposed, is going to get done in a quick amount of time, and to boot, Southwind has a second dredge in the area. COMMISSIONER HILLER: What's the second -- what's the time difference that you're protecting? If you take the equipment that -- what is it, Florida Dredge versus Southwind -- is using, what do you anticipate -- how much longer would it take Florida Dredge to do this project given the equipment they're using versus Southwind? MR. KEEHN: I think the -- the thing about it is, is that if you look at straight -- COMMISSIONER HILLER: I just want an answer. How long would it be; how much longer? Page 137 January 25, 2011 MR. KEEHN: It's not a simple answer, ma'am. The thing about it is is there's two sides of the issue. One is pure pumping capacity, so if you had completely smooth seas and no weather problems, both of them can probably pump it in a reasonable amount of time. The risk issue has to do with the fact that an ebb shoal is one of the most difficult places to dredge in, and the smaller dredges have more problems, breakdowns, and things of that nature that could take a long time to fix. So if they have a maj or breakdown, it could be two or three months for them to get the parts to fix the dredge, which could go beyond our season. So from that point of view, the least-risk choice was Florida Dredge and -- excuse me -- was Southwind. And the other thing is, Southwind has another dredge working up in Stump Pass now. They could be done by the first of April, and if there was any problem with the primary dredge Southwind has come down here with, they have an alternate in the area that could back it up. CHAIRMAN COYLE: Okay. Commissioner Henning, did you have something right now? COMMISSIONER HENNING: Yeah. I -- I guess I'm really -- CHAIRMAN COYLE: You've forgotten by now, right? COMMISSIONER HENNING: No, no, I haven't forgotten. I'm very concerned that we have recommendations to spend more money, and I guess the question is, how can we save more money by awarding it to another contractor? And I guess that would be Mr. Carnell or his team of experts. MR. CARNELL: For the record, Steve Carnell, Purchasing director. Mr. Chairman, Commissioner Henning, in response to your question, I think your options are -- it is your staffs position right now that the apparent low bidder is not responsive for the technical reasons that Mr. Keehn has described, and so your options would be -- as I see Page 138 January 25, 2011 it, would be to award the contract to what believe to be the lowest qualified and responsive bidder at this point, which is Southwind -- COMMISSIONER HENNING: And that's your recommendation. MR. CARNELL: -- or you can rebid the project, and obviously the problem with rebidding is timeliness. You miss your window to get the work done before turtle nesting season begins. If I could remind the board -- and Gary can speak to this in more detail than me -- we've had a sorted past with dredging and struggles with getting done timely and trying to do it on the cheap with dredges that weren't big enough. And so not to say that with absolute certainty what would happen here, but you have a written publication. You have a published document that specified a 14-inch dredge, and we not only had the omission of the document that we talked about, but we also -- I think the more salient thing is that when your engineer did the due diligence in the check and review, we found that the recommended low bidder did not have the equipment that was specified that we believe is what is needed for the job. COMMISSIONER HENNING: Okay. Well, let me say, I have a concern with your bid documents, attached as necessary. Bids-- attached, a bid form, and including attached, as necessary. So it doesn't mean that it's in there. It's saying that it might be in there. Is that a correct assumption? MR. CARNELL: Well, perhaps. COMMISSIONER HENNING: Okay. Well-- MR. CARNELL: Well, I have another question for Scott. Scott, did we specify elsewhere in the document to submit the form? MR. JOHNSON: Specifications. MR. CARNELL: In the specifications itself it called for the form to be submitted. We don't have that language in front of you. But just Page 139 January 25, 2011 so you're aware, it was said elsewhere. COMMISSIONER HENNING: Okay. See that's -- that is very concerning to me, that language, and I hope that we can do something about it so we have a fair and even process for everybody. So I guess what you're saying -- and if it's true, Mr. Klatzkow -- that we only have one choice is what staffs recommendation is under the policy -- and correct me if I'm wrong -- we can't choose anybody else, even though we can save 40 percent and we still need to, you know, try to stay within the window of getting it done this year? MR. KLA TZKOW: You need to find they were responsive. I mean, staffs findings aren't binding on you. COMMISSIONER HENNING: Okay. MR. KLATZKOW: Otherwise we wouldn't take anything to you. COMMISSIONER HILLER: That's right. COMMISSIONER HENNING: So we can -- we can -- the board can find that this other company, Florida Rock or whatever -- Florida Dredge and Dock is responsive? MR. KLATZKOW: If you -- if after hearing all the evidence and seeing the material before you, you believe they were responsive, that's within your prerogative. COMMISSIONER HENNING: Okay. Well, our choices is to try to save $200 (sic). COMMISSIONER HILLER: 200,000. COMMISSIONER HENNING: 200,000, whatever. COMMISSIONER HILLER: It's a lot. COMMISSIONER HENNING: I'm used to working with small change now. The -- why not? I mean, you're going to hold the contractor accountable for the time frame submitted in the bid. Why wouldn't we want to save $200,000? COMMISSIONER HILLER: Not only that, the contract has a Page 140 January 25, 2011 liquidated-damages provision. When you enter into a contract, if you're entering into a contract knowing that you're going to breach, that's entering in bad faith. That's obviously not the case here. There is a, I believe, $6,000-a-day liquidated-damages provision, which they've included for the protection of the county to ensure that if anything happens on the back side, that we can go out and cure the defect. COMMISSIONER HENNING: Okay. So I can't support the motion. Personally I can't support the motion, because, again, we get the job done on time, save money. Let's do it. COMMISSIONER HILLER: That's our obligation. CHAIRMAN COYLE: We've still got 14 speakers. Do you have something you want to say about this? Gary? MR. McALPIN: Mr. Chair, I think that we have had a standard for a 14-inch dredge because we have had problems in Doctors Pass and also Wiggins Pass trying to dredge with smaller pieces of equipment. And so the CAC, that has been their policy to only use a 14-inch piece of equipment in that -- in making that happen. Now, so -- and we have a tight schedule right here, and we're up right against turtle nesting season. So we're looking at this, and Florida Dock and Dredge experience has been, yes, Commissioner, they did do some work in the -- '95 for the county, they dredged it, but for the last 15 years most of their experience has been in the phosphate industry, and they've had one project that they have done in an ebb tide shoal, but the preponderance of their experience has not been in ebb tide shoal business, has not been in gulf shore dredging. And so, they don't have the equipment. The equipment, at best, would be considered marginal. We've had some concerns about that equipment operating here in the past. COMMISSIONER HILLER: That's not what the engineer said. MR. McALPIN: I believe that -- we can check with Mr. Keehn Page 141 January 25, 2011 if that's -- if I've mischaracterized that position. And we -- so they do not have a recent history of that. It's just a very, very tight situation, and we're right against turtle nesting season. COMMISSIONER HILLER: And while you say their experience is some other area, Lee County, Estero, just hired them. MR. McALPIN: Yes, they have. COMMISSIONER HILLER: And we're getting the benefit of that cost savings to do exactly what needs to be done. MR. McALPIN: That is correct. Estero did hire them, but Estero doesn't have a tight schedule that we have. They could dredge inside of turtle nesting season. So they could widen their schedule out. If they have to come into harbor because of rough seas -- and that's what the freeboard is all about. We couldn't not be able to dredge on a day like today when there's a lot of wind, okay, because the seas are too rough -- COMMISSIONER HILLER: That rarely happens. MR. McALPIN: -- and the dredge would sink. COMMISSIONER HILLER: That rarely happens. I'm at the beach all the time. CHAIRMAN COYLE: Give me a break. MR. McALPIN: Okay. CHAIRMAN COYLE: Okay. We're going to-- MR. McALPIN: Those are our concerns, Mr. Chair. You asked me what my concerns were. That would be one. CHAIRMAN COYLE: Well, there's one thing you haven't addressed, and it is very important, the issue about the liquidated damages. That provides you financial protection or not. What has been your experience in other times when they have -- companies have failed to finish on time? MR. McALPIN: The liquidated damages we have in here is in the range of$5,000 a day, $6,000 a day. And, essentially, Mr. Chair, Page 142 January 25, 2011 what that does is provide us the additional engineering, the additional observation so that we can continue to monitor this project moving forward. And that's what the liquidated damages-- CHAIRMAN COYLE: Okay. But why doesn't that provide you the protection with respect to getting it done on time? MR. McALPIN: If they -- it's a weather-related issue, Mr. Chair. They're going to dredge 24/7. CHAIRMAN COYLE: Okay. Wait a minute. The issue is, if they have a reason for a weather delay, they don't have to pay the liquidated damages; is that what you're saying to me? MR. McALPIN: Well, we have written the contract such that they have to be finished -- they have to be finished by the beginning of sea turtle nesting season. That's what we have. CHAIRMAN COYLE: Okay. Then why would it make any difference what kind of bridge -- dredge they have? If you've got a contract that says they have to be finished at that point in time, then who cares? They could do it with shovels. COMMISSIONER HILLER: Thank you, Commissioner Coyle. MR. McALPIN: But -- okay, that's right, Commissioner, they could do it with shovels. Our history has always been that with a larger than a -- smaller than a 14- inch dredge, it takes much more time to get it done. That's the basis that we bid this project under. MR. CARNELL: If I could add to that. CHAIRMAN COYLE: Yeah. MR. CARNELL: What he just said, last phrase, we put this out publicly to the vendor community telling them we needed a 14-inch dredge. Now, we either meant that or we didn't mean that. And the-- in one sense, yeah, we could just say yeah to the contractor, get your shovels and buckets out there and have at it. It's just your job to get it done. Well, it is their job to get it done. They control the means and methods, but there's a matter of practicality in terms of going into this, Page 143 January 25, 2011 do we have a fighting chance to succeed? What risk are we putting ourselves at? And I believe the staff is telling you that there is a risk going with the smaller dredge given our experience in the past. COMMISSIONER COLETTA: If I could. MR. CARNELL: Plus, we also told all the bidders, bid to a 14- inch standard. CHAIRMAN COYLE: Yeah. I understand all that, but here's the problem. You really haven't quantified the cost of the delay . You haven't said, if these guys are three months late or two months late -- it's not going to do us any good to charge them a liquidated damage. Our costs are going to way exceed that. And then the question to you is, then why did you set the liquidated damage so low? All right. So it is an issue that needs to be considered, but we've got 16 members of the public who want to talk, and we've got one commissioner who is really antsy. So go ahead. COMMISSIONER COLETTA: Well, I seem to be at far end of being recognized on some of these things, and I do have a couple of things I'd like to talk to them about. Don't go away, Steve. I'll be kind. MR. CARNELL: Okay. COMMISSIONER COLETTA: Okay. How many people here are here to talk about the dredging of the -- of the pass? If -- would you want to put your chances for recreational pursuits at risk by having them fail to be able to make the deadline, liquidated damages or not, to have to skip turtle season and have the whole damn thing fill in again and have to start over from scratch? Then we go to court and keep the county attorney busy for a long time. I think this has been thought out quite well, to be honest with you. First, when I heard Commissioner Hiller giving her presentation, I was ready to ask for the district attorney to step in, but then after hearing the explanations from staff and the rationale and the fact that Page 144 January 25, 2011 the bidder -- and I've been in bids before -- ignored certain instruments in there that would have triggered, you know, him being disqualified -- you asked for a 14-inch dredge. You gave them the paperwork to fill out, he neglected to do so and still filed the application. And of course he can do it cheaper with a boat that does not have the capacity to be able to do it in a reasonable period of time, does not have the amount of freeboard that can keep them out there digging on a regular basis. We have turtle season coming in on May 1 st, is it? MR.OCHS: Yes, sir. COMMISSIONER COLETTA: At that point in time, no matter where you are, you pull everything out of the water, you set it -- you sit through it. Meanwhile, hurricane season comes and everything else, and the issue of a partial dredge, thing gets filled in, and the access is shut off just because we were negligent in moving forward in an expedient matter in balancing all the facts that are out there. Now, unless there's something I don't know here, I think we're going in the right direction. But I'd like to hear from the speakers out there, and hopefully they'll come across with how important their recreational time is to them. Because this is time, and their risk element is great. COMMISSIONER HILLER: May I ask one question before the speakers begin speaking? CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: May I speak to the engineer? MR. KEEHN: Yes, ma'am. COMMISSIONER HILLER: You know exactly what type of equipment this company, this low bidder, will be using in Estero, correct? You've reviewed the information, you know what they're going to be using on the Estero job; is that correct? MR. KEEHN: I reviewed what was in their Estero questionnaire. COMMISSIONER HILLER: So you know what equipment Page 145 January 25, 2011 they're going to be preparing, or what equipment they're going to be using for the Estero dredge? MR. KEEHN: I know what they proposed in their questionnaire, , yes, ma am. COMMISSIONER HILLER: That will be the same equipment that would be used to dredge Wiggins Pass. MR. KEEHN: Yes, ma'am. COMMISSIONER HILLER: Would they be able, using that equipment, to complete the job in the same amount of time assuming the same conditions as the bidder that this is being proposed be awarded to? MR. KEEHN: My opinion would be Southwind has a better chance to finish the job on time. COMMISSIONER HILLER: By what percentage? What's the risk probability that the other company with the equipment that they're using would be less capable to get it done in the time constraints proposed by this contract? MR. KEEHN: I don't have the numbers in front of me. But let me just explain. There's two components to that question. One is the capacity of the pumps to move the sand. COMMISSIONER HILLER: Correct. MR. KEEHN: And that's basically -- doesn't really evaluate weather conditions, that is waves and currents. The second one is how well they can deal with waves and currents and operate in such a manner that they don't break their dredge during the process. I think the risk with Florida Dredge and Dock is greater that they're not going to be able to survive through the weather conditions. So -- COMMISSIONER HILLER: Have you analyzed the weather conditions for that period of time? I mean, historically are the conditions such that that's a major concern? MR. KEEHN: Every time we've dredged, it's been a major issue. Page 146 January 25, 2011 Most of the dredging that occurs in South Florida is done in the wintertime outside of sea turtle season, and we always have that issue if you have two small of a dredges (sic), they continuously complain that the weather is too bad, et cetera, et cetera, and it's a matter of how good they are at handling the weather conditions and their ability to withstand the higher wave conditions when they do occur. COMMISSIONER HILLER: So you think the -- for 200,000 the risk is so great that they -- you're saying there's a more than 50 percent chance they will not be able to complete the dredge on time or more than a 75 percent chance or almost 100 percent chance that they will not be able to complete the dredge on time? MR. KEEHN: The other thing about their dredge is they have a nonstandard dredge. COMMISSIONER HILLER: I just want to know the risk. I mean, you're an engineer. You deal in probabilities, statistics. We need to know. We're giving up 200,000, all right. We have a very tight budget. MR. KEEHN: My opinion is, the risk is much greater that -- COMMISSIONER HILLER: What is the risk? Quantify the risk for me. You've analyzed all of this. You made a decision based on risk. MR. KEEHN: I did, and the -- COMMISSIONER HILLER: What is it? MR. KEEHN: The decision we made was, discriminate against dredges of 12 inch and smaller in order to assure that we got a big enough dredge out there to do the job. So we did not do a detailed anal- -- the thing about 12-inch and 14-inch dredges is there's a wide variety of them. But we purposely discriminated against the 12 and smaller and went for the 14 and higher. And since 2005 we've had a good record with that discrimination. And I did not go down and do a detailed wave analysis to see whether they could do it, because I don't know exactly how each of Page 147 January 25, 2011 these dredges will operate in the wave conditions. And that's a master, you know, naval architect and seaworthiness that is boat dependent, and I don't know all the conditions of the boat. I only know the general conditions, and I made my recommendations based on the general conditions. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. Didn't the bid package state that it must be completed by May 1 st, and that was part of the bidding process, and the guarantee was that they would finish by then, and they had insurance that said if they didn't finish by then it didn't -- no matter what equipment they used, that then they would be held responsible? MR. KEEHN: Yes, ma'am, but I think the additional risk is what was mentioned earlier. Ifwe don't finish by May 1st, we kick finishing the project six months, and that's a long period of time for boaters. COMMISSIONER FIALA: I understand that. But did the bid say that it had to be done by May 1 st? MR. KEEHN: Yes, ma'am. COMMISSIONER FIALA: And these people bid on it with that knowledge, right, that they -- MR. KEEHN: Yes, ma'am. COMMISSIONER FIALA: -- guarantee? MR.OCHS: Yes, ma'am. The bid also said that the specification was for a 14-inch dredge. COMMISSIONER FIALA: Okay, okay. Thank you. CHAIRMAN COYLE: Okay. Let's call the speakers, please. MR. MITCHELL: Again, we'll use both podiums. So I'll call two speakers at a time. And the first speaker is John Sorey, and he'll be followed by Mark Garcy. MR. SOREY: Thank you, Mr. Chairman, Commissioners. My 11 o'clock time-certain at 3 o'clock? Page 148 January 25, 2011 F or the record, John Sorey. I'm chair of your Coastal Advisory Committee and a member of the TDC. And I urge approval of this contract. And I think it's quite simple. And it's safety, the economy that's impacted in that area by not having boating capability by the turtle season, May 1. One of the things that I learned from Ron Pennington when he was chair prior to my being chair of TDC, we had a dredge proj ect where we did not specify the size of the equipment. The waves sunk the dredge. We ended up in all kind of problems. It took forever. We had liquidated damages. It ended up costing us significantly more than the liquidated damages. And I would point out to the commissioners that the CAC voted to recommend this with one nay that Commissioner Hiller has talked about. We were assured -- and we went through in a lot more detail with purchasing and legal than you have today. We were assured of the legal facts that this was appropriate. We made it very clear, and I would urge you to require a 14-inch dredge and we get this done prior to May 1 st. The reality is, regardless of any appendixes, that sort of thing, the requirement was a 14-inch dredge. This is a 12-inch dredge. And to Mr. Henning's comment, obviously, the CAC wants to conserve every penny, but we think we have an obligation -- we've been talking about this for two years. We have an obligation to complete this prior to May 1. And the greatest probability is to approve the contract you have before you. Thank you, Mr. Chair. CHAIRMAN COYLE: Thank you. COMMISSIONER HILLER: May I comment? Thank you so much for your remarks. And because you're on the TDC, I would just like to just bring some information to your attention. While everyone is sitting here today saying that it's a 12-inch dredge and not a 14- inch dredge, I have all the information with Page 149 January 25, 2011 respect to the dredge size. Florida Dredge and Dock, LLC, proposed to utilize a 14- inch hydraulic cutter head suction dredge with floating booster and 16-inch dredge discharge pipeline. Spider barge with three anchor systems will be used to control discharge of dredge material and designated disposal site to designated grade. Mobilization can be accomplished when the owner issues notice to proceed. F ourteen- inch hydraulic dredge, the size of dredge for this particular job, in answer to that question -- 14-inch hydraulic dredge with booster. An estimated daily production will be approximately 5,000 to 6,000 cubic yards per day, anticipated to complete dredging within 10 and 14 days, pending on weather condition after mobilization. And then, another question, what type of equipment will be used including scows, boosters, cranes, barges. All equipment that will be utilized for this proj ect are owned by Florida Dredge and Dock. There are one 14-inch hydraulic cutter head suction dredge, one 14-inch floating booster, 6,500 feet of 16-inch poly pipe, two tender boats, one crew boat, and miscellaneous equipment. MR. SOREY: Ms. Hiller, the reality is, our engineer experts have testified on the record that the calculation for the dredge that they are recommending is not a 14-inch. It is a 12-inch, and that engineering report is -- COMMISSIONER HILLER: Isn't that reverse? MR. SOREY: Pardon? COMMISSIONER HILLER: Isn't it reverse? Aren't you -- are you recommending 12 or 14? MR. SOREY: No. We're recommending 14. The dock -- the dredge -- COMMISSIONER HILLER: You're recommending 14, right. MR. SOREY: The low bidder -- when the engineering did the Page 150 January 25, 2011 calculation on the low bidder's dredge, they testified that it was a 12-inch, not a 14. COMMISSIONER HILLER: No. I think you're maybe confusing it with another bidder. This was another bidder that was disqualified. This particular bidder, okay -- MR. SOREY: I'm talking about the low bidder. And the question that I understand that we have today -- MR. KEEHN: Ma'am, I think I can clarify the matter. COMMISSIONER HILLER: Go ahead. MR. KEEHN: I looked at three different documents. If you go to their website right now, they have a "Gator Point" dredge that's 10-inch on their website. And if you go to the questionnaire, just like that questionnaire for Lee County, they say it's a 14-inch/12-inch, and that's how they specify there. A 14-inch/12-inch means 12-inch discharge, and the discharge is where you measure the size of the dredge. For this questionnaire, they came out and just clearly stated that was a 14- inch dredge; whereas, I knew from the other form it was actually a 12-inch dredge. And I verified that calling to them and talking to Mr. Fletcher, and he verified that the discharge was a 12- inch, which is where you measure the size of a dredge. And so the thing is is I looked at all -- and the fact that these things are a little bit different between the forms -- COMMISSIONER HILLER: I have it in writing. It's actually a 16-inch dredge discharge pipeline. Not -- no, the opposite way around. MR. KEEHN: Ma'am, it's -- I talked to Mr. Fletcher, and it was a 12-inch -- their discharge at the location where you measure the size of the dredge is 12-inch. And I think he was just trying to put his best case forward when he wrote in the questionnaire for us. And I asked for the questionnaire. The questionnaire did not come with the bid form. I followed up three days later and asked for that form, and they filled it Page 151 January 25, 2011 out. And they said 14-inch in that one. If you go and read the Lee County one, they said 14-inch/12-inch for the size of the dredge, and the 12 means that that's where you measure the size of the dredge from. And so -- the thing about it is is there's a little bit of -- they haven't been -- I think they haven't been purposefully clear among all the forms they presented, that is, if you look at all the information that's presented, they haven't been perfectly clear. And is part of that -- that gives some doubt into what they're saying, in my mind, when I was reviewing these documents. COMMISSIONER HILLER: I would like you to show me all the discrepancies. MR. KEEHN: Do you have both of the bid forms there -- I mean the questionnaires? COMMISSIONER HILLER: I have one questionnaire. And by the way, everything that I have I've introduced in that package as an exhibit. MR. KEEHN: Do you have the questionnaire that they provided to me, I guess, for this bid? COMMISSIONER HILLER: I have no idea what was provided to you unless you show me what was provided to you. MR. KEEHN: It sounds as though that's the document that was provided to me and not to the purchasing. COMMISSIONER HILLER: You know, these statements provide that the undersigned guarantees the truth and accuracy of all statements and answers made herein, just so you know. MR. KEEHN: Yes, ma'am. But there is a definite discrepancy between what they provided to Lee County and what they have provided to Collier County. And I called up to verify that particular point, and they agreed that theirs was a 12- inch discharge, which is the way of deciding on the size of the dredge. And this is -- they call their dredge the same name that they Page 152 January 25, 2011 called it, I guess, 15 years ago "Gator Point," and it's really a dredge that they've been building themselves as they go along. So I guess it used to be a jalopy, and now it's, you know, a late-model Cadillac, or something along that line. COMMISSIONER HILLER: Well, this late-model Cadillac seems to be working very well for a substantially larger dredge for Estero. MR. KEEHN: Ma'am, one other thing about Estero is it is much more protected waters. They have the whole island of Sanibel sheltering where they're dredging and they're also dredging in the Sanibel shoal, which provides some protection. CHAIRMAN COYLE: We've gone over this time and time again. We understand what you're saying to us. Okay. The next speaker, please. MR. MITCHELL: Mr. Garcy. MR. GARCY: For the record, Mark Garcy. Commissioners, just to speak briefly on what they're talking about, the dredging in the past. I've worked first response in that pass for the last five to seven years, and when it comes to dredging -- I've seen the weather, especially this time of the year -- if you don't have the right equipment, they do pull out. And right now there is a lot of weather. You know, it's the wintertime. So, you know, take that into consideration. If this does not happen here real soon, you have to look at the safety involved. You know, I know that's probably one of your major concerns, as you said on other issues prior to this as well. I hope the information I provide here helps out. I've went to the FWC's website and got some statistics on boater accidents and whatnot, and one of the top, in our area for accidents, is shoaling, groundings and whatnot. Firsthand experience, if a boater runs aground at a high rate of speed, they can easily be ejected, leading obviously to injury or death. Page 153 January 25, 2011 A lot of boaters in the area are not experienced. They may not know about the shoaling, and so this is a big concern. Not only is this a major concern that we can fix, but if we don't, there's also five emergency response vessels that rely on the pass: FWC, Collier County Sheriffs Office, North Naples Fire Department, Sea Tow, and Boat U.S. Currently there is a problem with the first response out of that pass. There's plenty of times that they cannot respond. It takes over 45 minutes for the Coast Guard to get down to that pass, and that's in good weather conditions as well. So if this work is not done immediately and we have to wait for the turtle season or the proper dredge is not, you know, down there, I think that that's a major issue. Also, from a business owner, I operate a business right in that pass every day. And, you know, there's plenty of days on a daily basis, on a full moon schedule, we cannot get in and out of that pass. We run charters, and we've seen plenty of boats aground. We have trouble with the schedule. We lose business on a daily basis because of this. We just acquired the old Cocohatchee Nature Center on 41 there, and over 60 percent of our business relies on that pass. We have tenant families that we employ. So if this project does not get done, you know, it's not just safety, but it's businesses of yours shut down as well. COMMISSIONER HILLER: I understand. Thank you. MR. GARCY: Thank you for your time. MR. MITCHELL: The next speaker is Carl Redfield, and they'll (sic) followed by Ron Vuy. MR. KURAS: Good afternoon. My name is Jim Kuras. I am not Carl Redfield. Carl had an emergency situation and had to leave and asked me to stand in for him. Carl and I both live at Pelican Isle. I've been there for six years. He's been there for about 10. We're both members of the yacht club Page 154 January 25, 2011 and we're both boaters. My first comment is, I am an avid fisherman. I'm in and out of that pass daily, weather permitting, and I can tell you, it is an absolute nightmare. Everything that Mark said and that others are going to say about that pass, it is really, really a problem. Indeed, the sheriff can't get in and out, the game department can't get in and out, and the fire department can't always get in and out. Now, speaking to the dredge issue -- this was not on my agenda, but I am going to comment, because I've watched that pass be dredged three, and maybe four times, certainly three. And I was there when the smalll0-inch, 12-inch, whatever it was, dredge there was. It broke down. It sunk. They had to take it up and bring it back up in shore and repair it and put it back out, and it extended the project forever and, indeed, they never really did get it dredged out properly. So the experience I have with the pass, safety is a big issue. We need to tend to that. And my own view is the smaller dredge simply does not work. I've watched it day in and day out, and it didn't work. I have no other comments. Thank you very much for your attention. MR. KINDSV A TER: Mr. Chairman, my name is Jack Kindsvater. And just like with Mr. Redfield, Mr. Vuy had to go and attend to business this afternoon as well. So with your permission, I would like to read his one-page statement into the record. CHAIRMAN COYLE: Please, go ahead. MR. KINDSVATER: Very good. This is from Ron Vuy, who's the general manager of LaPlaya Beach and Golf Resort located at 9891 Gulf Shore Drive in Naples. He's been in this position for five years. "Three years ago, we opened a noncommercial 23-slip private marina for our guests and private club members. The facility faces Vanderbilt Lagoon, and it cost $1 million to construct. Page 155 January 25, 2011 "The marina can accommodate boats up to 50 feet in length. Eight of the docks are equipped with automatic boat lifts. In addition to our guests and members, the marina can accommodate boaters who would like to come to LaPlaya for lunch or dinner. "With the current conditions of Wiggins Pass, LaPlaya simply cannot lease these docks. The fact that the channel is filling in is of great concern to boaters who want to park their boats in and around the Cocohatchee. "The word is out in the local marine industry that Wiggins Pass is difficult to navigate and not safe going in and out of the Gulf of Mexico. This does not bode well for the marinas in the vicinity of Wiggins Pass. "Try as we might, without giving our docks away, we cannot lease them. Currently I have five docks leased. We have had boats leave in search of other facilities, and we have been hard pressed to attract new tenants. When we do, I have to be honest and I have to tell them about the current conditions of Wiggins Pass and warn them that if they are planning on fishing or pleasure boating, they need to time their entry and exit into the Gulf at high tide. "I have worked with Collier County's Coastal Zone Management team over the years, and I have always found them to be very responsive and to act with due diligence. I believe their recommendation to award the Wiggins Pass marina dredging contract to Southwind Construction Corporation for $750,000 is the right thing to do. "This action, after careful review, is endorsed by senior coastal engineer and Coastal Planning Engineering. "I'm sure others today will speak to safety, navigation, and protection of property values. I am speaking as a businessperson who is charged with the responsibility to maximize the owner's return on investment. "This has been difficult during the last few years. Please do not Page 156 January 25, 2011 make it more challenging by taking action that will delay the dredging at Wiggins Pass. That is not the right thing to do. I need to be able to lease LaPlaya dock space and to make those 23 slips a viable revenue stream for my owners and partners. "Thank you for your time and cooperation." CHAIRMAN COYLE: Thank you. COMMISSIONER HILLER: Thank you. MR. MITCHELL: The next speaker will be Dick Lydon, and he'll be followed by Don Neal. MR. LYDON: It says "good morning" on here, but I think it's afternoon. I'd first of all like to welcome Ms. Hiller. COMMISSIONER HILLER: Thank you. MR. LYDON: All the rest of those people have put up with me for a number of years, so you're going to have to start now. COMMISSIONER HILLER: Yes, sir. MR. LYDON: My name is Dick Lydon, and I've owned a home on Vanderbilt Beach since 1976, and I've lived here full time since I started my transportation company at the Ritz in 1985. Shortly after buying my house I was contacted by Wiggins Pass Conservancy, that's now ECA, for a donation to fund the dredging of Wiggins Pass. Naturally I got involved and have been since in a number of ways. As a member and chair of the city/county beach committee, I was acting in the origin of the tourist development tax, the beach renourishments, the dredging of Wiggins Pass, the repair and dredging of Doctors Pass, the repair and straightening of Wild Turkey Bay. Contrary to some of the naysayers, that wasn't such a bad move. It's been navigable ever since we did it in 1996, and we did that by straightening it -- Mr. Henning, we did that by straightening Turkey Bay, for future reference. But, now, we're not going to talk about that in the future. Page 157 January 25, 2011 Wiggins Pass has been a problem since day one. You mention the use of Florida Dredge. I was chair of the beach committee when they did that in '95. I'll tell you, some of the few of us are still around for that time (sic), know it was a mess. And the problem that we run into in a thing of that kind is change orders, and they did come long and hard. This contract, in my opinion, must be approved today, because if we delay it, we're going to delay the dredging, we're going to run into the turtles, and Maura Kraus is not going to be kind when we ask her to extend the turtle season. We need to maintain a safe navigation for the business users as well as us in Collier County to enjoy boating, fishing with our friends, children and grandchildren. I trust the staff to have made the right decision. That's only one minute? I'm also aware that the low bidder does not have the necessary equipment. I'll quickly tell you that failure to do the project this year would be a disaster waiting to happen safety-wise. I've spent thousands of hours and attended hundreds of meetings endeavored to make sure that the value of my property in Vanderbilt Beach will not be lowered because Vanderbilt -- or because Wiggins Pass is closed and our beaches are not maintained. Please help me protect my assets by voting yes on this proj ect. At 87 years young, that's about all I've got to protect. Thank you. MR. MITCHELL: Yes, sir. MR. NEAL: Commissioners, my name is Don Neal. I'm appearing as a resident, a concerned resident, and I live in an apartment overlooking Wiggins Pass. I'm here not to be redundant with some of the other points that have been made, but I do want to bring a couple of things to your attention. We have the county access for boating right there at Wiggins Pass with a great number of boaters, particularly on the Page 158 January 25, 2011 weekends, but all week. Most of those boaters are not aware of the change that has come to Wiggins Pass. But when they do see the change of the shallow water -- I wanted to relate to you there's a different practice now going on in Wiggins Pass than previously. When the boaters understand that the depth may be only a couple feet and with waves maybe less, the practice has changed of rather than going out safely at a slow speed, they're going out now at high speed, 35 miles an hour, to keep that boat up on plane so they won't hit the bottom. This is really a change in the use of that pass, and I think from a safety point of view, it really is urgent that we change that. We don't want to have a disaster and another reputation in Wiggins Pass that it's that unsafe to have a disaster. Another observation that I have -- and my location there, watching the boats go out the pass, is that I saw this past week the fire boat go out for practice, and he goes out to the high-water mark and turns on their pumps. You should see the trail he leaves, as he goes throughout there, of mud. He's right on the bottom. It's a huge, big, brown trail that he goes out, because he's just right on the bottom. And it occurs to me, the day soon will come that he won't be able to provide service. And that -- I don't know when that day -- he made it last week but just barely. And I want you to be aware of those services. We are really at risk. And as a concerned citizen, that's the message I wanted to bring to you. Thank you for your consideration. MR. MITCHELL: The next speaker will be Brett Nuckolls, and he'll be followed by Joe Moreland. MR. NUCKOLLS: Somebody will push it for me, I presume, or do I have to do it? MR. MITCHELL: No, I'll do that. You're okay. SPEAKER: Hi, I'm Brett Nuckolls, and I also live in the Pelican Isle, and I've heard everybody on the commission side already be fully Page 159 January 25, 2011 supportive of dredging, so I'm not going to waste more time reinforcing something that you already believe. On the liquidated-damage issue, I wanted to tailor my comments. I didn't know I was going to talk about it, but I've heard a lot of discussion. In Iowa I consider myself an expert. I'm a contractor, and I fought with everybody. FAA, Iowa Department of Transportation, every municipality probably in Iowa. And as it relates to your issue on liquidated damages, I really question whether you're going to be able to enforce a $5,000-a-day liquidated damages during turtle season. You know, after turtle season lifts, you probably can, but I would check with the bonding company to see if they understand that there's a $750,000 liability during turtle season when their contractor can't work. So with that, you guys have got good legal counsel, and I'm sure there's attorneys on the board there. So enough of that. Since the shot clock's running -- in looking at -- certainly our association wants to dredge the pass. That's understandable. What I would like you to consider is that in our research I found a copy of a very detailed statistical study of boating that was commissioned by the county, the Florida Department of Environmental Protection, and also the fisheries and wildlife people. In a very detailed manner, it studied the 23,000 registered boats of Collier County, how they boat. It send out 5,000 surveys, collected -- and all that information, I consider it very methodical, complete, and comprehensive, and the conclusions in here I will summarize real quick. They're supported by what's in here, but you have a good deal of Collier County residents that call that ramp at this park their favorite ramp, they like to boat out of here. For the most part, they're fishermen, and for the most part fishermen like to have access to the Gulf. All of the boats that are using that are the 3-foot draft-and-Iess Page 160 January 25, 2011 boats. It's not the issue of the bigger boats. This is Collier County residents with boats that are specified for, you know, the use in that application. And then the other alarming thing I would say that was in this report that surprised me was the fact that the boating industry in Collier County alone, according to their environmental impact, is a $425 million yearly impact on the economy. How you measure that in liquidated damages, you know, is hard to say. So with that, I'll turn it over to Joe. He's batting cleanup, so -- thanks. MR. MORELAND: Thank you, Brett. Commissioners, I'm Joe Moreland. And for disclosure in full, I am on the Coastal Advisory Committee, and I chair the subcommittee of that committee to -- with respect to the Wiggins Pass affairs, and most particularly the current dredging and the study underway for the future dredging. I am also the past commodore of the Pelican Isle Yacht Club, and with all of those, I would also say to you, I do not speak with forked tongue. So I would like to express not only my support -- and I would like to adopt by reference the comments made by my colleagues who have testified in behalf of this, particularly Mr. Soros (sic). There was one outstanding statement here made by some who may be opposed to this, and that was the fact that the County Commission's first responsibility was the public-safety aspect. We can't say too much of that, about the Pelican Isle thing. I'm here to tell you -- and if I were under oath I couldn't change a word -- that that pass is a serious threat to safety . It is not "if," it is "when" you have the accident which will result in legal action against the county, whether it be won or lost, it will be represented as a failure of attention by those who are responsible. I believe that to be true. It will particularly be so if that failure is the result of hyper Page 161 January 25, 2011 scrutiny of a procurement process which probably any two good lawyers could sit down and find faults in all, to one degree or another, and make a cogent argument. I have collected a few extra minutes, and I hope you'll bear with me. I only have 55. Somebody went off. Heartbeat? CHAIRMAN COYLE: That was your one-minute warning. MR. MORELAND: One-minute warning, thank you. I do have some time donated to me, if I may. CHAIRMAN COYLE: From whom? MR. MORELAND: I will cut it -- well, Commissioner, I go-- from people who had to leave because 11 o'clock did not arrive at 11 o'clock. They've gone. They're not here to do it. Their numbers have been turned in over there. I believe you'll see, though, there are -- if you won't do it, you won't do it. Things have been said, and I understand your suffer. I feel it. COMMISSIONER HILLER: Well, I would like to give this gentleman the opportunity to speak a little longer. You know, it's really unfair. I tried to get this time-certain moved so these people could be accommodated. And as you well point out, they had to leave because of the delay. So, Mr. Chairman, would you give him another two minutes? CHAIRMAN COYLE: I don't have a problem. If you'd leave it alone and let him go, I think he can finish up. MR. MORELAND: Well, I just heard the last thing. CHAIRMAN COYLE: Okay. You've had it. MR. MORELAND: Sir, I will hurry up. Believe me, I don't want to try your patience, not at this critical time. I want to cite some numbers, too. But those of you who witnessed the Coastal Advisory Committee, I ran through some of this, but we don't appreciate fully the value of the properties involved, the importance of the boating to that. We have 1,700 wet slips in that estuary, 1,700. Almost half of them are now empty. And that is a Page 162 January 25, 2011 significant reduction heretofore. Why are they empty? They can't lease them, the people that are there can't run their boats in and out, and they've left, and they have left for finer waters, and they probably will not be back. The young man who testified here that he has just started, a young man starting a business, and he's wrapped in doing it, and he's faced with bad economic times everywhere and a damn near impossibility to do his charter work, which is part of his business, and he services the tourists of this county. I'm going to stop there, but I would indulge one more thing. I offered an invitation as the president of the estuary council -- Estuary Conservation Association, and I extend that same question -- same invitation to the County Commissioners. Through the complement of our -- gentleman who testified and has the business, we now have access to a 47- foot cruise boat that does regular tours when the tourists can get in and out of the pass of the Wiggins Pass estuarial system, Wiggins Beach, and so forth. Pelican Isle Yacht Club also has a smaller one, which would be made available. Why do I say that? Because I want to invite you, and as an ungracious host, almost insist that you accept my invitation, along with the Board of Coastal Zone Management, for us to take you on a guided tour on those boats in modest luxury to actually bear witness, to reach over the side and feel the bottom of the waterways, to see those up short. What I found at your workshop, when you put it on for the question of the tax dollars -- COMMISSIONER HENNING: How much more time do we have? MR. MORELAND: -- to come out, I watched the jaws of some of these restaurateurs and hoteliers when they began to realize the value that was in here and the impact that it had and how little they knew about it. Page 163 January 25, 2011 The point is, many of our political electees do get tours of the downside beach. How many have walked the north-end beach? It is equally important. It's pristine land. And I do thank you for your indulgence. COMMISSIONER HENNING: And that statement is absolutely absurd. MR. MORELAND: I have more to say. CHAIRMAN COYLE: You need to wrap it up. Wrap it up. MR. MORELAND: I appreciate it, and I have great empathy for your decision before you. But please make the right one. CHAIRMAN COYLE: Okay. Thank you. MR. MITCHELL: The next speaker will be Jack Kindsvater, and he'll be followed by Margaret Winn. CHAIRMAN COYLE: How many more speakers do you have? MR. MITCHELL: After these two, we have four. So we have six speakers all together. MR. KINDSV A TER: I can tell you Margaret Winn is not here, so you can pull that one. MR. MITCHELL: Thank you. MR. KINDSV A TER: Now that I'm on the other side, I'm Jack Kindsvater, and I will keep this extremely brief, because you've heard the basic issues. The issues are economic, the issues are safety. And the primary issue today is timing, because there is good experience, or I should say bad experience, with undersized dredges. And if you choose to go into timing and to delay this issue, to dig further into it, you are going against turtle nesting season, and we want to be good environmental stewards as well as involved in the navigation of -- the safe navigation of the pass, which means you don't dredge, which is very different from Estero. If you read the article today, few things different. Number one, they go right through turtle nesting season. If they go on longer, it Page 164 January 25, 2011 doesn't make a difference. If this one has to shut down, it shuts down for over five months. And I don't know what contractor is able to pay $6,000 a day for five months if that gets awarded in liquidated damages. So the issue is timing. It is critical that we go with this. We want to do different things, do that going forward, but this time we need to give this contract to the appropriate bidder that is qualified and that we know and have experience can do the job. COMMISSIONER HILLER: Can I just add a few comments to the statements you just made? MR. KINDSV A TER: Sure. COMMISSIONER HILLER: Just so you understand, the lowest bidder is proposing a 14-inch hydraulic cutter head suction dredge with a floating booster and 16- inch dredge discharge pipelines. Also the time frame to complete this dredge is approximately two weeks. So we're in January. MR. KINDSV A TER: Ms. Hiller, I'm not going to get into that dispute with you. COMMISSIONER HILLER: I just want to mention the fact. MR. KINDSV A TER: But you already heard from your engineer that the definition of 14- inch dredge is at least in question, and he questions that that bidder does not have what is being called a 14-inch dredge in the terms. But that's not my issue. You need to go to the engineer with that. COMMISSIONER HILLER: Thank you. MR. KINDSV A TER: But I think that that's not safe. CHAIRMAN COYLE: We're taking a 10-minute break for the court reporter. She's been working for an hour and 45 minutes straight here, and -- you're on break now, Terri. (A brief recess was had.) MR.OCHS: You have live mike. MR. MITCHELL: The next speaker is Jim Kuras, and he'll be Page 165 January 25, 2011 followed by Nicole Ryan. MR. KURAS: I have already spoken on behalf of Carl Redfield earlier and have nothing further to say. Thank you. CHAIRMAN COYLE: Thank you very much. MR. MITCHELL: The next speaker is Nicole Ryan, and she'll be followed by Doug Fee. MS. RYAN: Good afternoon, Commissioners. For the record, Nicole Ryan here on behalf of the Conservancy of Southwest Florida. And the Conservancy has been a member of the Coastal Advisory Committee's Wiggins Pass dredging subcommittee, and we were also a member of the committee that, several years ago, looked at the new dredge template for Wiggins Pass, so we've been very involved in the Wiggins Pass area, and we understand that there is an obligation to keep the pass safe, but it has to be done in the most environmentally compatible manner possible. We've been talking about the economic resource of Wiggins Pass and the residential issues, the recreational resource value, but there's also the environmental value and the fact that it is in Outstanding Florida Waters. You have the Barefoot Beach preserve to the north, you have Delnor- Wiggins State Park to the south. So we have to keep all of that in context and in mind. And certainly, part of ensuring that the project is completed in a timely manner to avoid sea turtle nesting season is going to be an important component of any interim dredging proj ect. Turbidity monitoring and some of the other things that we've worked with staff on we think have gotten to a point where we're comfortable with it. Who does this? Does it go to the lowest bidder? Is there additional discussion on that? Not my area of expertise, and so I don't want to weigh in on that. I leave that to you and your experts to determine. But I did want to bring up -- because this issue was briefly touched on at the beginning of your discussion, and that is how we Page 166 January 25, 2011 move forward with a new dredging template and the idea of putting structures in at Wiggins Pass, the idea of jetties and groins and hardening the shoreline. And I did want to remind you that in the 2007/2008 time frame this issue came up. We knew that what we're doing right now for Wiggins Pass simply wasn't economically or environmentally feasible, so how do we -- how do we do it better in the future? And you appointed a committee. That committee looked at structural versus non structural. We looked at economics; we looked at environmental; we looked at the fact that the Growth Management Plan doesn't allow structures on beach preserves, the fact that Delnor- Wiggins State Park looks like they don't allow structures within their pass area. So all of this was brought together, and non structural was determined as the way to go. And you, as the Board of County Commissioners, did have staff move forward with putting together an application for that future dredging, that would be straightening of the S curve in a nonstructural design template. And it had a lot of public comment, a lot of vetting, a lot of committee time. So I would just remind you of that, because the Conservancy does believe that non structural is the way to go for the future. And I was a little concerned when I heard that you may be considering, at some point in the future, moving to structural. So I just did want to remind you of that, and I'd certainly, at some point in the future, be willing to talk one on one with you about all of those issues. So I thank you. COMMISSIONER HILLER: Nicole. MS. RYAN: Yes. COMMISSIONER HILLER: Before you sit down, I just want to ask you a couple of questions. You've made some interesting and beneficial comments. You indicated that your subcommittee had done a financial Page 167 January 25, 2011 analysis. Did you do an analysis which contemplates the difference in the overall cost between the current two-year dredging versus the straightening and proposed dredging? And by the way, I just want to clarify something for the record. Mr. McAlpin, when he stood up here at the beginning of this presentation, said that the pass will only now have to be dredged under the new design every four years. That, in fact, is not the case. I actually met with Mr. McAlpin and the engineer, and the engineer made it very clear that we would still have to do two-year dredging of the ebb shoal-- not the ebb shoal-- of the pass, I'm sorry, that we would not be able to escape that. So it will continue to be a two-year dredge plus the expanded four-year dredge. Have you done a cost-benefit analysis? Did you do a comparative analysis, I should say? Forgive me. MS . RYAN: The Conservancy didn't. If that was part of that committees and the information that the engineers gave, I'm not really prepared to speak on that today. That was several years ago, and I certainly can look that information up. COMMISSIONER HILLER: I just ask because you said they had done a financial analysis. MS. RYAN: Yes. COMMISSIONER HILLER: Could you research that for me? MS. RYAN: Absolutely. COMMISSIONER HILLER: And then when we come back to analyze what's going on with this particular design, I would like to see the -- basically the cost of the new plan versus the two-year maintenance dredge cost and see, you know, where the cost saving is achieved. MS. RYAN: Sure, absolutely. COMMISSIONER HILLER: Thank you. MS. RYAN: Thank you. MR. MITCHELL: The next speaker is Doug Fee, and he'll be Page 168 January 25, 2011 followed by Marcia Cravens, who's the last speaker. MS. CRAVENS: I give my time to Doug. MR. FEE: If I could hand this up. COMMISSIONER HILLER: Thank you so much. One for everybody? MR. FEE: Good afternoon, Commissioners. For the record, Doug Fee. I live up in the Wiggins Pass area. I'm a boater, and I've lived in that area for over ten years. I'm also a person who values Delnor- Wiggins and Barefoot Beach as preserves in that area. So there's a double-edged sword. I understand that the pass needs dredged, and there are areas outside of the pass that definitely are danger spots. Having said that, I printed off of the DEP website a letter of consistency, and it is three pages long, issued by the county on August 30, 2010. It basically says that this project that you have in front of you today is consistent with our local Land Development Code and Growth Management Plan. I'm here to tell you several months ago I came to the Coastal Advisory Committee and asked if this could be heard by other committees that are more in charge of our Land Development Code and Growth Management Plan laws. At that point I got an email from Bill Lorenz, who is the head of the engineering area for our Growth Management Division, and he had stated on the new project, not this project, but say two years from now, when and if we are to remodel the S curve, there should be some meetings the public can involve itself with in order to determine that, in fact, what is being proposed is consistent. I'm here to say that since we did not have those meetings with today's project, I don't know how the public -- if it feels there are policies that the county is disregarding, how does the public have an ability to challenge or to question the consistency letter which was administratively approved and has been given to the state? Page 169 January 25, 2011 In regards to this consistency, a couple of things: Humiston & Moore, which is an engineering consultant for the county, in its report, the Wiggins Pass study said, quote, "The recommendation was made because deepening of the channel close to the beach had contributed to the erosion." We all know, and your engineering states -- engineer states that this project has altering erosion factor to it. In the Land Development Code, there is a sentence that says, "It is the intent of the conservation district to require review of all development which is proposed in the (CON) district to ensure that the inherent value of the county's natural resource is not destroyed or unacceptably altered." In the Growth Management Plan, there is a policy that says, in 1 0.4.3, "Prohibit activities which would result in man-induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system." The county applied to the state for a critical erosion on Barefoot Beach. I believe it has been granted that from the state. That will allow the county in the future to mitigate and restore the shoreline for this project. One other point is, there are land management plans for both Delnor- Wiggins and Barefoot Beach. Barefoot Beach is by -- is managed by the county. Delnor- Wiggins is managed by the state agency, Bureau of Parks. In those land management plans, which I encourage each of you to read, these plans state that the lessees are not to do things in the coastal tidal waters that will affect your lands. You will be found not to be in compliance with your plan to manage these lands. I know that the state raised, if there is erosion on the south side of the pass, what would the county have to do in order to mitigate that since this dredging project is a county project? There has been discussion -- I'm not sure where that ended up -- but you have to take into account that these are conservation lands at a Page 170 January 25, 2011 pass with different lessees, and we have to take all this into account. I would suggest for future action of this area that you allow your EAC and CCPC committees to hear this in terms of our codes, let them approve it, assuming it is consistent, and then it can move forward. A couple of other things. Commissioner Henning and Commissioner Coyle had mentioned at the very beginning of this item -- some of my comments have to do more with the future, not necessarily with today's maintenance dredging. I do have a deed-restriction document that is recorded on the south side of -- I'm sorry -- the south side of Delnor- Wiggins at the pass. And I'm just going to read it real quick. The conveyance is subject to a condition and restrictions that a strip of land 200 feet in width running across the entire width of the above-described land from the Gulf Shore east to the side westerly of the agreed boundary line herein referred to, lying immediately south of Wiggins Pass along the north side of the land above described in forming part of said line shall not nor shall any part of 200 feet in width be built upon by any buildings or obstructions, whatever, nor shall strip of200 land (sic), et cetera, et cetera. Basically it runs with the land. It's perpetual. I did check with the Bureau of Beaches, Gloria Barber, and she sent me an email that said that restriction is still on the deed. The reason why I mention that is, in the subcommittee that's moving forward on the next plan, we need to take that into consideration in terms of what you're going to do in the future. So the bottom line is, I do support the dredging. I know that we have to do it. I know there are some safety issues. But I think in terms of the Comprehensive Plan for the future, we really have to think things through. Thank you very much. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay. Last speaker? Page 171 January 25, 2011 MR. MITCHELL: Commissioner, that was your last speaker. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: I'd like to ask another question of our engineer. I think this is very important. May -- could you please step to the podium. Thank you so much. The 12 inches that you were talking about relates with respect to the lowest bidder to the discharge flange of the pump housing. That was not specified in the specs, was it? MR. KEEHN: No, ma'am. It just said 12-inch (sic) dredge, yes. CHAIRMAN COYLE: Fourteen. COMMISSIONER HILLER: No, no, no, no, 14-inch dredge. MR. KEEHN: Excuse me, 14, yes. COMMISSIONER HILLER: The Army Corps of Engineer definition of a 14-inch dredge is what? And how is it different from your definition of a 14-inch dredge? And for purposes of this bid, are you respecting the Army Corps of Engineers' definition, or have you come up with your own definition? And if you've come up with your own definition, have you provided your definition of a 14-inch dredge to all the bidders? MR. KEEHN: Ma'am, I called Ellicott Dredges, which is a manufacturer of dredges in the United States, and talked to them about this. And they're the ones that gave me that definition, and I also found an expert online that had made the same statement about the 14- inch dredge. I did not find a definition for the 14- inch dredge in the Corps documents that I looked at. COMMISSIONER HILLER: The Florida Dredge and Dock proposal to utilize the 14- inch hydraulic cutter head which applies to the suction, okay, complies with the Corps of Engineers' definition of a 14-inch dredge. Now, I'm very concerned, because the 12-inch you're referring to was not a specification within your bid. At the same time, my concern goes back to what I said earlier -- Page 1 72 January 25, 2011 and I still don't clearly understand how you could have introduced a change in the permit conditions that only affected Southwind and where you modified the price with Southwind, which was completely unrelated to lower mobilization, like -- or the lower mobilization was unrelated to the turbidity. I really do not understand. Based on the evidence presented, it is very clear that the lowest bidder can perform the job in the time necessary to avoid a public-safety issue at $200,000 less than the bidder you have recommended. And so I completely understand what the public is saying and I respect their concerns, and their concerns can be achieved and the objective of public safety can be satisfied because the evidence here is clear that the lowest bidder satisfies the bid requirements. Thank you. CHAIRMAN COYLE: Has there -- has the bidder, Florida Dredging -- MR. KEEHN: And Dock. CHAIRMAN COYLE: Have they filed a protest? MR. KEEHN: No, sir, and I don't believe, based on my last discussion with them, they were planning to pursue this further. CHAIRMAN COYLE: Is there any connection between Mr. Pires and this particular vendor? MR. KEEHN: I have no idea, sir. CHAIRMAN COYLE: Do you know of any reason why people are pushing so hard to get this award to that particular contractor? MR. KEEHN : No -- I have no personal -- other than the price difference, I have -- CHAIRMAN COYLE: Okay. MR. KEEHN: -- nothing. CHAIRMAN COYLE: All right. No member of the selection committee has been contacted by any member of staff or any advisory committee member to select a particular bidder? Page 1 73 January 25, 2011 MR. CARNELL: No, sir. This was an ITB, an invitation to bid, so there was no selection committee. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: So why then has the staff gone out of its way to get this bid to Southwind? I mean, they basically have jumped over three other bidders, one being the lowest bidder who clearly qualifies under the bid specs. MR.OCHS: Commissioner, that's -- that's not the case. COMMISSIONER HILLER: It appears to be. MR. OCHS: I don't understand why you keep saying they're qualified under the bid spec. If the specs were -- COMMISSIONER HILLER: I just -- MR. OCHS: -- for a 14- inch dredge -- COMMISSIONER HILLER: And that's what they provided. MR.OCHS: Not to us, ma'am. I don't know who they provided that to. We could show you what they provided to us, if you'd like to see it. COMMISSIONER HILLER: Steve -- the engineer just admitted that it was provided to them, that he called them and got the information and that it was clear. CHAIRMAN COYLE: No, he didn't say that at all-- MR. OCHS: No. COMMISSIONER HILLER: He did. CHAIRMAN COYLE: -- Commissioner Hiller. COMMISSIONER HILLER: He did. COMMISSIONER HENNING: You keep making statements and accusing people of lies. COMMISSIONER HILLER: It's not accusatory. CHAIRMAN COYLE: Yes, it is. COMMISSIONER HILLER: I'm not -- no, not at all. CHAIRMAN COYLE: You're representing what you're saying as absolute truth, and it is not. Page 174 January 25, 2011 COMMISSIONER HILLER: Can you call -- can you call the engineer back to -- CHAIRMAN COYLE: I'll be happy to. COMMISSIONER HILLER: Did you say that you spoke to Florida Dredge and they gave you their questionnaire and provided the information that I have here? Would you like to see it? MR. KEEHN: I think I have a copy here, ma'am. COMMISSIONER HILLER: I think you have the same copy that I have. MR. KEEHN: This one right here? COMMISSIONER HILLER: It has -- it's multiple pages. MR.OCHS: We will show you what we received. COMMISSIONER HILLER: Why don't I show you what I have, and why don't you tell me if this is what you've received. MR.OCHS: Let's show what we received, okay. Give me the visualizer. And oh, by the way, this was all received at our request after the bid -- COMMISSIONER HILLER: Correct, that's what the -- MR. OCHS: -- deadline, because there was nothing submitted by this low bidder. COMMISSIONER HILLER: I understand. And the reason being, that the checklist didn't require it. MR.OCHS: No, that's not the reason, ma'am. COMMISSIONER HILLER: Well, we have two bidders that didn't submit -- MR.OCHS: That's correct, that's right. COMMISSIONER HILLER: -- the same questionnaire. MR. OCHS: They were both found unresponsive. THE COURT REPORTER: I can only get one at a time. CHAIRMAN COYLE: Yep. Get his side, will you. MR. JOHNSON: For the record, Scott Johnson. I do have a point Page 175 January 25, 2011 of clarification. The county manager is correct, they did not submit any of these documents that I hold in my hand. They were provided to the design professional post bid opening. Three days after the bid opening they were provided to him at our request -- or at his request. Now, on this document that Commissioner Hiller is referring to -- and I'll lay this one down on the visualizer as well -- it calls out a 14-inch hydraulic dredge with booster. The document that is currently laying on the visualizer calls the booster pump a 14-inch by 12-inch, which, by definition, as the -- stated by the design professional, it is a 12-inch. And Ellicott Dredge, who builds dredges, who builds dredges all the time, it is 12- inch dredge. It is not a 14-inch dredge. In their resumes, as I stated earlier for the record, had no reference to corporate experience of operation of a 14- inch dredge nor the possession of a 14- inch dredge, as a corporate resume would. So I'll offer that as well. Again, this was received after the bid opening. COMMISSIONER HILLER: I understand that. Do you have the other pages as well, these other pages that preceded that last page? MR. JOHNSON: I only have three pages of a questionnaire, ma'am. COMMISSIONER HILLER: That was the attachment to the three pages. Do you have the previous three pages? MR. JOHNSON: Yes. COMMISSIONER HILLER: So you have four pages? MR. JOHNSON: Including that one there laying on the visualizer, yes. COMMISSIONER HILLER: And the description of the 14-inch, what you have here in the 14-inch hydraulic cutter head suction dredge with the booster and the 16- inch dredge pipe, does that conform with the Army Corps' definition of a 14-inch dredge? Page 176 January 25, 2011 COMMISSIONER FIALA: Mr. Chairman, don't we have a bid -- I mean, don't we have a motion and a second on the floor? CHAIRMAN COYLE: Yes, you do. You want to call the question? COMMISSIONER FIALA: Call for the question. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: It's four o'clock in the afternoon, and we've accomplished two -- we haven't even finished the second item on our entire list -- CHAIRMAN COYLE: Agenda, yeah. COMMISSIONER FIALA: -- agenda for today. CHAIRMAN COYLE: All in favor of the motion to approve, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It passes 3-2 with Commissioners Hiller and Henning dissenting. Now let's get on to some more business. MR. JOHNSON: Thank you. Item #7 A RESOLUTION OF DENIAL 2011-18: RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A GOLF DRIVING RANGE WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.A.1.c.17 OF THE Page 1 77 January 25, 2011 COLLIER COUNTY LAND DEVELOPMENT CODE FOR 29.6 ACRES OF PROPERTY LOCATED AT 6500 AIRPORT ROAD NORTH IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE EAST, COLLIER COUNTY, FLORIDA - MOTION TO APPORVE W/STIPULATIONS - FAILED DUE TO LACK OF A SUPER- MAJORITY MR. OCHS: Commissioner, your next item is 7 A. It's Board of Zoning Appeals. This item requires that ex parte disclosure be provided by commission members. Should a hearing be held on this item, all participants are required to be sworn. It's a resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a conditional use to allow a golf driving range within an agricultural zoning district pursuant to Subsection 2.03.0 I.A.I.c.17 of the Collier County Land Development Code for 29.6 acres of property located at 6500 Airport Road North in Section 12, Township 49 south, Range 29 east in Collier County, Florida. And the petitioner is here to present, once we get ex parte and . sworn In. CHAIRMAN COYLE: Okay. Would all persons who are going to give testimony under this petition please stand to be sworn in. That's everybody. Go ahead, Terri. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN COYLE: Okay. Now, we'll have ex parte disclosure, starting with Commissioner Hiller. COMMISSIONER HILLER: I've spoke to constituents, met with staff, had correspondence -- not correspondence, but -- oh, yes, correspondence, emails with all parties. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: I spoke with Pam Mac'Kai, and I had correspondence, and spoke with staff. Page 178 January 25, 2011 CHAIRMAN COYLE: Okay. And I have received correspondence, and I have reviewed the Planning Commission's staff report. And, Commissioner Coletta, you're next. COMMISSIONER COLETTA: Yes. I reviewed the staffreport and received emails. CHAIRMAN COYLE: And, Commissioner Henning? COMMISSIONER HENNING: I received some correspondence, I reviewed -- I seen some of the Planning Commission meeting on the topic, not all of it. I fell asleep during some of it. I also spoke to Pam Mac'Kai on the issue. Of course, it was late at night when I was watching it. CHAIRMAN COYLE: Was it? Okay. COMMISSIONER HENNING: It was a replay. CHAIRMAN COYLE: All right. Ms. Mac'Kai, it's all yours now. MS. MAC'KIE: Yes, sir, thank you. We have, particularly in comparison with the challenges you've had this morning, a rather simple, straightforward application for a conditional use. CHAIRMAN COYLE: Some of those were relatively simple and straightforward, too, and it took us hours and hours and hours. MS. MAC'KIE: And at the risk of pandering, I have to say, we appreciate your service. It's grueling sometimes, but-- CHAIRMAN COYLE: It's above and beyond the call of duty. MS. MAC'KIE: Sometimes. CHAIRMAN COYLE: I assure you. MS. MAC'KIE: But our application is, as Mr. Ochs described, a conditional-use request, and we have complied with all of the conditions that your staff requested. And, in fact, there was an additional request made by the Planning Commission upon their recommendation, vote of the approval, and that condition has also Page 1 79 January 25, 2011 been complied with and submitted to your staff, and we believe, they'll advise you, meets with their -- they believe we've satisfied that Planning Commission additional request. I do have some information about the company who gave us the advice on the golf range netting, which was the additional condition that the Planning Commission requested. So I'd just like to submit that so that it's in the record in what we hope is the very unlikely event that this ever goes anywhere except here. I think probably, in the interest of time, we would just like to have the opportunity to respond to any questions that arise because, as I said, we think we have satisfied all the conditions, and we seek your approval. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: I have no questions about it. I think it's a great project. The only thing I wanted to just re-emphasize is the safety of the net. And I told Pam on the telephone, we have a library over here in East Naples, and it's right next door to a golf course. And they were complaining that the golf balls were hitting all the cars. And so they finally got them to put up a net, but they didn't put up a whole net because they felt that they just put it in the places needed. And so then the people were saying, no, the golf balls are still there. We've got a -- we got a representative and engineer out there to take a look at it. And while he's standing in the parking lot, a golf ball hit him in the head. We got the rest of the nets. MS. MAC'KIE: Is that priceless or what? COMMISSIONER FIALA: So I just want to make sure that you don't have to go through that, it's done right in the first place. MS. MAC'KIE: Yes, ma'am. We have a signed and sealed representation of what has been advised to us by the experts is the appropriate netting height. COMMISSIONER FIALA: Very good. And I make a motion to approve. Page 180 January 25, 2011 COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. A motion to approve-- MR. MITCHELL: Commissioner-- CHAIRMAN COYLE: -- by Commissioner Fiala, a second by Commissioner Coletta. MR. MITCHELL: Commissioner, we have two speakers. CHAIRMAN COYLE: Okay. I have -- Ms. Mac'Kie? MS. MAC'KIE: Oh. I'm so sorry, sir. CHAIRMAN COYLE: I have a question. I'd like to have an engineer certify that the size of the netting is small enough to stop whatever golf balls you're going to have out there, and what limitations do you have on the size of clubs and the number of balls are you going to be allowed to hit on the driving range? COMMISSIONER COLETTA: How much are they? CHAIRMAN COYLE: How much are they, whatever. COMMISSIONER COLETTA: Are you going to be open Sundays? MS. MAC'KIE: We'll be happy to provide answers to any questions you may have. CHAIRMAN COYLE: Okay, thank you. Let's have the speakers. MR. MITCHELL: The first speaker is Jerry Norman, and he'll be followed by Paul Boileau. MR. NORMAN: Can we both go up together? CHAIRMAN COYLE: Did you both register to speak? MR. BOILEAU: Yep. CHAIRMAN COYLE: Okay. One at each podium, please. One at each podium. If you want to, you can both speak at the same time. All right. For the record, I'm Jerry Norman from Walden Oaks. MR. MITCHELL: You can carry on speaking, sir. CHAIRMAN COYLE: Go ahead. You can continue. MR. BOILEAU: For the record, Paul Boileau from Walden Page 181 January 25, 2011 Oaks. Jerry and I are both representing Walden Oaks on this-- concerns we have on the pulling -- driving range. And I'd just like to take you through a few steps that I put together. And I gave you a packet. There should be a packet in front of you. CHAIRMAN COYLE: Yes, we have it. You've got three minutes. You know that, don't you? MR. BOILEAU: Okay. I better get going. CHAIRMAN COYLE: Would you be able to get through it okay? MR. BOILEAU: Yeah, here we go. Okay. I just want to show you where Walden Oaks is in comparison to the subject of the golf driving range. I guess I'll have to point to it. Everybody see this? MR. NORMAN: Yep. MR. BOILEAU: Now, my next sheet is a line-of-sight diagram of the netting. This dimension was supplied by -- on the pulling (sic) part by them, and as well as my line of sight that I took from in front of our garages. And as we look from left to right with the line of sight, we are looking at a fica (sic) hedge in front of us. This is the fica hedge. Okay. This is the fica hedge. This is where the eye is, and right in through here is Brazilian pepper trees which, my understanding, is going to be taken out. Is this correct? CHAIRMAN COYLE: Probably. MR. BOILEAU: Okay. Well, anyway, the line of sight, as we look with the trees gone, looking over the hedge and looking to the top of the net -- this is the net down here, it's 60 foot high -- we're going to be seeing 10 foot of our view right here, which results in 35 feet of net being shown. Our next thing is a picture kind of describing more as -- where I took this line of sight was in front of the garage. Here's our fica Page 182 January 25, 2011 hedge, here's the Brazilian peppers. As you can see from this point up -- from here to this point here above here is 10 feet. Okay. This one here, again, it's in front of the garage looking at the zero feet, the bottom of the fica -- which our 12- foot hedge we do have, and the Brazilian peppers are anywheres from 26 to 30 feet high. Okay. Here is another picture taken. This picture's taken, and by doing a line-of-sight diagram, it's showing the net 60 feet high. This is what we're going to see with the line of sight. Again, here's our fica hedge with the Brazilian pepper trees gone, and there's the top of the netting. We're seeing 35 percent of this netting with the Brazilian peppers gone. These are the concerns from Walden Oaks homeowners. Replace and stagger new trees to existing height of Brazilian peppers, even if a berm is needed to achieve the height. We'd just like to see, you know, trees back to the height just so we don't see this ungodly sight. With visibility of netting, Walden Oaks homes are subject to devaluation. Next is safety, the possible issue of fallen golf balls, like you had mentioned. Who's responsible for injury or damage? Next thing is the netting to be of low visibility, like a hockey netting for maximum visibility in an arena. There's many different nets out there you can hardly see in front of you, but most of these nets that they're using on the golf driving ranges around here are pretty ugly looking. And I'll leave you with one other thing. That is a picture of a net, a golf driving range up on Brookside up in North Naples. And as you notice, it is ugly, okay, but they do have trees right up tight against it with the development on the other side, which blocks the view. I went through the development, looked at it, and you could see very little netting, only because probably, what, 95 percent of the trees blocked it. What I think we're here asking for is, once you take those Brazilian peppers down, we'd like to see them replaced with Page 183 January 25, 2011 something. CHAIRMAN COYLE: Okay. Thank you very much. COMMISSIONER FIALA: Let's hear from you -- MR. MITCHELL: Sir, that was your final speaker. CHAIRMAN COYLE: Okay. MS. MAC'KIE: If I may? CHAIRMAN COYLE: Yes, please. MS. MAC'KIE: This is not a novel case for you. I know that, even when I was here before, as we require these Brazilian peppers and exotic hedges to go down, people hate that. I mean, we would be happy to leave it, but we can't because the law requires us to remove it, and we will be removing it in accordance with that. Frankly, we looked at a possibility -- well, first let me say that we submitted this application in 2009 . We had all of our neighborhood meetings. We are here on a Tuesday morning, we thought, and on a Friday we heard that there was a problem with the neighbors. And so we have scrambled. We've tried to come up with a way to see if there was anything that we could do. We don't find that there is anything that is financially feasible to be able to be done. It's a very expensive undertaking. And back in the day maybe people could just give away expensive -- you know, a hedge along a portion of this. We're talking in -- $10,000. The trees, we're talking thousands and thousands of dollars to be able to replace the visual line of sight of this Brazilian pepper, and we find that it's financially impossible to do so. So we respectfully request that we are complying with your ordinance. It is a difficult thing for people to deal with change, but this is a minimal change, frankly, and probably an interim change, and there will probably, hopefully for my client someday, have a more intense development of his property similar to what's on the -- adjacent to his neighbors. But for now, it's a net. It's black netting and it's, we don't feel, Page 184 January 25, 2011 terrible -- well, frankly, we don't think it's ugly at all, and we would ask you to approve it as -- in accordance with the staffs recommendation. CHAIRMAN COYLE: Okay. MS. MAC'KIE: Could I -- as a matter of fact -- right. And I was just kind of jumping ahead and -- because of the time constraints. We do have a lot of information, and why don't I get -- why don't you show them a little more information about what we think the impact will be, the visual impact. MR. WESTENDORF: Thank you, Ms. Mac'kie. F or the record, my name is Jay Westendorf with Omega Consulting Group. I just wanted to point out also, in compliance with the LDC, we do have to buffer the proposed use of the driving range against the Walden Oaks property line. And while the code will require it, I believe it's a Type B buffer, which is a five-foot high shrub, it's on the back side of their ficus hedge. It will not be visible to them, but we do have to put in trees I believe it's every 25 feet on center, and those trees will be planted with a minimum height of 10 feet at the time of planting. So the line of sight that the gentleman did describe will be partially hidden at the time of the shrub -- or the buffer installation with a 10- foot-tree that, of course, as time goes on, will grow up and more obstruct that view. MS. MAC'KIE: And if we could also -- if I may just tag team-- that the line of sight that we're talking about is not from homes, it's not from living rooms. It's from down a driveway for -- you basically have to be standing in the street or in the driveway to be able to have this line-of-sight impact that you've been shown today. And I don't think there's any argument among us about that. We are -- I'm sorry, and I appreciate you're pointing it out -- of course going to be installing the landscape buffer that's required, Page 185 January 25, 2011 which will have those 10- foot trees and spaced in accordance with code. So there will be some substitute for the Brazilian peppers, but it isn't equal to what's currently there as far as the line of sight, opaque. CHAIRMAN COYLE: Okay. Who was first, Commissioner Fiala or Commissioner Hiller? COMMISSIONER FIALA: No, Commissioner Hiller. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: You said you explored low-visibility netting? MS. MAC'KIE: Why don't you speak to that. MS. BISHOP: Because this is an outdoor netting -- for the record, Karen Bishop, PMS -- the netting that he was talking about is for indoors, and we did check that out. And according to what we understand, that if we tried to use that type of netting for this use, we'd be changing the net every year, so that makes it financially unfeasible. So this is the -- what they consider the lowest visibility, even though it's a black net. It's what's going to last because it's a substantial investment in this netting, that it has to last. So it -- there really isn't a -- that low visibility and to have the kind of net that we need. COMMISSIONER HILLER: So there is no low-visibility outdoor alternative? MS. BISHOP: Not that we can find, and not that the -- not that makes it -- and there may be something down the line that they're working on, but for what the cost of that may be sometime in the future, I can't possibly say. COMMISSIONER HILLER: Did the citizens of Walden Oaks find an alternative that might work that's the low-visibility net that the developer may not have found? MR. BOILEAU: Well, the low-visibility net I'm talking about, of course, is at the hockey rinks. And they're not replaced every year. MS. MAC'KIE: Indoors they're not, but outdoors. MR. BOILEAU: They're indoor net, and they're very -- they Page 186 January 25, 2011 should be very, very viable for outside use. COMMISSIONER HILLER: Did you verify -- MR. BOILEAU: They're a stop-- COMMISSIONER HILLER: Did you verify if they were? MR. BOILEAU: Pardon? COMMISSIONER HILLER: Did you verify if they were? MR. BOILEAU: No, I did not. COMMISSIONER HILLER: Okay. Thank you. MR. BOILEAU: Okay. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. Can those ficus trees be allowed to grow taller? I mean, I know they grow pretty quickly. MS. BISHOP: The ficus hedge that's on their side is maintained at 12 feet. If they chose to let it go -- I've personally seen the one that's out -- I think it's on Immokalee and Airport Road, and I think that sucker's about 45 feet tall, which is like the largest I've ever seen. So they could let it go larger if they choose. They just maintain it at 12 feet at this point. COMMISSIONER FIALA: Okay. Secondly, how far apart are these trees being planted? MS. BISHOP: Twenty-five feet on center, as per the code. COMMISSIONER FIALA: And what about -- what about, instead of 10- foot trees, 15- foot trees? MS. BISHOP: The cost to that is more than double the cost of a tree at that level. What we're going to do is put a -- try to put a 2- foot berm underneath it, so that will raise that 10-foot up to 12-foot, so you'll have a 12- foot space. But, unfortunately, the -- increasing the landscaping is exponential when you start increasing trees to almost, you know, double what the size is. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Certainly you understand that a Type B Page 187 January 25, 2011 buffer was designed with other things in mind. MS. BISHOP: Yes, sir. CHAIRMAN COYLE: And you're building a 65-foot-tall fence here. MS. BISHOP: Sixty-foot netting, yes, sir. CHAIRMAN COYLE: Sixty-foot netting. I really think that under those circumstances where you're proposing something very substantial, a very substantial difference from most developments beside residential, that should be more flexible in what you can provide with respect to mitigating this for the neighborhood that is in existence here. So I -- I'm not convinced that you just can't do anything. There's -- you're going to have to do something, because I can understand the impact on this community. So I think you've got to work a little harder here about what are you willing to do to put in what really is an unusual project adjacent to -- MS. BISHOP: Well, I -- yes, sir. I mean, I understand your point. I can tell you that if this was a residential project going in, it would be the same buffer, two stories or three stories, same buffer, and they would see -- they wouldn't see through a netting. They would see buildings, and that light would be gone. So I mean, I appreciate the fact that, yeah, it's not what they're used to seeing, but when it becomes a residential use, it's going to be more impactive than what's there now. MS. MAC'KIE: And, Commissioner, may I just join in to let you know the level that we have really tried. Even though we only became aware of this on Saturday, we spent our day in the hallway trying to figure out a way to solve this problem. And one of the things that's frustrating to all sides is that there's a requirement that we build a five-foot hedge that will be hidden by their 12- foot hedge. And so we were trying to find a way to substitute taller trees, spend the money that we would have been spending on the Page 188 January 25, 2011 sort of wasted hedge on taller trees. But guess what? The system doesn't allow it. We can't do it. The nature of the application, as I'm told, is that as a conditional use we can only -- we can't deviate from, we can't remove, we can't ask you to let us not put in that five-foot hedge, because we would happily do that and spend that about ten grand on taller trees if we could, but we can't. CHAIRMAN COYLE: Are you saying there's something we can't do? MS. MAC'KIE: I wouldn't say that, but I'm afraid the law does. CHAIRMAN COYLE: Really? MS. MAC'KIE: Not I, I would never. CHAIRMAN COYLE: Not ever if it makes sense and it's acceptable to the neighbors? MS. MAC'KIE: I would never suggest such a thing. But we had reached what we thought was something we were all going to be satisfied with, and then, on further review, we found that the nature of our application, the conditional-use application, does not allow for that deviation. CHAIRMAN COYLE: This sounds like some lawyer got involved. So how about it, Jeff? What's the story? MR. KLATZKOW: Well, your conditional-use language specifically provides you're allowed to talk about buffering. What we're really talking about is a substitution of the hedge for something better, all right. We can't do this on the floor. If you want to continue this item to the next meeting, the staff can get with the petitioner and the community and see if we can't come up with something that makes everybody happy. MS. MAC'KIE: With all due respect, if it can be done, we have spent the day reaching that understanding. I mean, do I have -- is there -- can the community nod if what we proposed in the hallway would work? And that was the following: That was that, in lieu of the 5-foot hedge, we would build a 2-foot berm, and instead of 10-foot Page 189 January 25, 2011 trees on top of that 2- foot berm, we would put 14- foot trees so that there would be a 16- foot planting initially and not wasting our money on the hedge that isn't going to help anybody. And all sides agreed, and we're ready to commit to that. If it's possible to do it, I think we can get happy and not come back. CHAIRMAN COYLE: How many people in the community would object to that solution? THE AUDIENCE: Object? CHAIRMAN COYLE: Object. COMMISSIONER HILLER: So does the community support that -- CHAIRMAN COYLE: Okay. Yes, how many of you would object to the solution that we're just talking about, about taking -- MS. MAC'KIE: That I talked about. CHAIRMAN COYLE: Yeah, that she talked about. You're objecting? MR. BOILEAU: I would go along with it as long as it goes the full line of Walden Oaks, okay, the line that is exposed. Let me just pull that up again. MS. MAC'KIE: What he's talking about is he wants us to install trees where we wouldn't -- it's not possible. So maybe, you know, if we can't do it, we can't do it. But he knows already. What he's going to suggest to you is that we put in trees where no buffer is required because our proj ect impacts -- he wants us to buffer from an orange tree. He wants us to put in trees to keep him from seeing orange trees. MR. KLATZKOW: The buffer is for the screen. CHAIRMAN COYLE: The buffer's for the screen. MR. KLA TZKOW: The buffer's for the screen here. That's what we're really talking about. MS. MAC'KIE: Right. And we will commit to do it for the-- where the screen is along their community. Am I right, Karen; am I describing it correctly? Page 190 January 25, 2011 MS. BISHOP: Yes. It's here -- MS. MAC'KIE: We will do that, but we aren't going to do more. COMMISSIONER HILLER: May I say something? MR. BOILEAU: What they're saying is they'll do from here to here where our ficus end. MS. MAC'KIE: Right. MR. BOILEAU: But down the line here, when they pull all the Brazilian peppers out, we only have a 3-foot hedge. So all these people down here are looking right back into the driving range. MS. MAC'KIE: They're looking into orange groves. MR. BOILEAU: I feel as though, you know, with our fica hedge to there, okay, and if they don't have to put the hedge in, they put the trees in, this should go from this point all the way to the other point of Walden Oaks. CHAIRMAN COYLE: Okay. And you're saying that's not going to happen, right? MS. MAC'KIE: No, sir -- CHAIRMAN COYLE: Okay. MS. MAC'KIE: -- that's not going to happen. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: I think we need to take the county attorney's recommendation and continue this. I'm somewhat concerned, because when I met with Nick Casalanguida at the beginning of last week and the concerns of the community were brought to my attention because representatives of Walden Oaks had contacted me, I asked that they immediately contact you, Pam, and -- MS. MAC'KIE: And they did; absolutely, they did. COMMISSIONER HILLER: But the fact that I'm hearing you only had time to meet over this weekend -- MS. MAC'KIE: Oh, no, no, no. They met on Friday, they met on Friday, and we told them, as our client instructed us, no. COMMISSIONER HILLER: But the problem is is Friday gives Page 191 January 25, 2011 you very little time to negotiate and deliberate. So I'd like to make a motion that this be continued and that Nick work with both parties to come up with something that would work in the interest of both. MS. MAC'KIE: Commissioner, I just will have to offer to you that my client has instructed me to leave here today with a vote. I don't know if that can be modified. COMMISSIONER HILLER: I can appreciate that, but -- COMMISSIONER HENNING: There's already a motion and second on the floor. COMMISSIONER HILLER: Was there already? COMMISSIONER HENNING: Yes. COMMISSIONER HILLER: Oh, I'm sorry. I missed that. What was the motion? COMMISSIONER HENNING: I have a question. COMMISSIONER HILLER: Go ahead. CHAIRMAN COYLE: Who made the motion? COMMISSIONER HENNING: Not for Commissioner Hiller. COMMISSIONER FIALA: Was it me? Was it Coletta that made it and I seconded it? COMMISSIONER HILLER: Who made a motion? MS. BISHOP: Donna did. MS. MAC'KIE: Commissioner Fiala made a motion, and it was -- Commissioner Coletta seconded it for approval. We would be happy to offer an amendment that we would add the modifications that I described. COMMISSIONER HENNING: Now, Jeff, the board is the only one that can grant deviations from our Land Development Code, right? MR. KLATZKOW: Correct. COMMISSIONER HENNING: Why would you recommend continuing that if we can do that now? MR. KLATZKOW: If you can do that now, that's fine. Ijust Page 192 January 25, 2011 don't know that there's a concurrence here. That's all I'm saying. MS. MAC'KIE: There may not be 100 percent, apparently, but I don't think my client's going to go further than he has agreed to go today. Frankly, he can't. The net is $250,000, and as he likes to say, he gets his money back a bucket of balls at a time. This is a very expensive undertaking. It's very difficult times. These are not times like in the good old days when we could say, we will give you all the trees you want and do all we can. This is a family from Naples who's been here forever trying to make some economic use out of their property. They are offering a compromise, and I hope you'll approve it. COMMISSIONER HENNING: Can I go after Commissioner Mac'Kai? I wasn't done. CHAIRMAN COYLE: Sure, you can go, yeah. Her light's not on now anyway. So, go ahead. COMMISSIONER HENNING: You know, the whole issue about buffering, landscape buffering, is to buffer the neighbors' property. And I can tell you, some homeowners' associations, you're not going to get a true consensus of what the community wants. What we're charged to do, and in particular this issue, is how do we buffer the residents the best from another use? And if the suggestion is -- because the application meets our code, we cannot ask them for more, period. What we can do -- if they're offering more to buffer the neighboring property, that is the best that we can do. COMMISSIONER HILLER: Is this a conditional-use application? MS. MAC'KIE: Yes, ma'am. COMMISSIONER HENNING: I think so, yeah. MS. MAC'KIE: Yes, ma'am. CHAIRMAN COYLE: It requires four-fifths. MS. MAC'KIE: Is that correct? CHAIRMAN COYLE: Four votes. Page 193 January 25, 2011 MS. MAC'KIE: Four votes? CHAIRMAN COYLE: Yep. COMMISSIONER HENNING: Yeah. It's not in the rural fringe. CHAIRMAN COYLE: Yeah. It's not an SRA. MS. MAC'KIE: No, sir. COMMISSIONER HILLER: And the only reason I ask is because I understand what you're saying about, you know, conforming to what's required, but if this is a conditional-use permit in the first place, I'm not sure how this ties in. Maybe I'm missing something. MS. MAC'KIE: Even if --I'm sorry. Doing it again-- COMMISSIONER HENNING: Yeah, I know. Let me see if I could help you. The -- part of the conditional use -- a process is just the use. What we're talking about is really doing the Site Development Plan, but trying to appease the residents of Walden Oaks, we are getting into the Site Development Plan. So the issue is, we can allow a deviation from the criteria of the Land Development Code, in this particular case a landscaping buffer. COMMISSIONER HILLER: And what type of landscaping buffer are we proposing? COMMISSIONER HENNING: Well, what they are proposing is, would -- by the time you get the berm and the trees, it would be a 16- foot height? MS. BISHOP: Yes, sir. COMMISSIONER HENNING: And you're going to plant more -- no, you're going to be planting more expensive trees but not plant the hedge. MS. BISHOP: Yes, sir. MS. MAC'KIE: That is correct. COMMISSIONER HENNING: That is what they're proposing. COMMISSIONER HILLER: I understand. And, again, how far is that berm going to go? MS. BISHOP: The berm, most likely, will go the whole length Page 194 January 25, 2011 of this property. The berm will most likely start from here and go all the way here. What we're talking about is making sure that right here in this part of Walden Oaks -- because this is where our -- this is where the driving range ends. So from essentially here to here we'll have at least 2- foot berm, 14-foot trees, which gives you a 16-foot view, blocking view. And at 25 foot on center, they're pretty close together at that point. COMMISSIONER HILLER: So I don't really understand why Walden Oaks would object to that. MS. BISHOP: Well, I think what they were saying is they wanted us to take it all the way down, but the use is not down here. This is all staying orange grove, so we're not -- we only buffer the uses, not other -- the rest. So this would be -- CHAIRMAN COYLE: So you're saying there is no fence? MS. BISHOP: No, sir. And they were built -- CHAIRMAN COYLE: Along that portion of the property. MS. BISHOP: No, sir. CHAIRMAN COYLE: And so what you believe to be the case is that the property owners want you to buffer the fence? MS. MAC'KIE: Yes. CHAIRMAN COYLE: And you're willing to buffer the fence? MS. BISHOP: The netting. The netting, yeah. CHAIRMAN COYLE: The netting. MS. BISHOP: I'm willing to do what we just said we would do, which is take and raise it up by getting rid of that hedge, which they're not going to see the hedge anyway. They've got a 12-foot hedge. Ours is 5 foot. It does them no good. MS. MAC'KIE: And I'm going to take a risk here and say that with respect to the additional portion of the property where there is no netting, if they don't want to look at the orange trees, there is room for planting on their side of the property if they would like to plant Page 195 January 25, 2011 something there. COMMISSIONER HILLER: I can't imagine that the orange trees are objectionable. MS. BISHOP: Well-- but on their side -- they were built before the Land Development Code required trees on their perimeter, so they don't have trees. They have really beautiful trees all along the roadways, and all in here it's really, really quite lovely, because they -- they're really huge. Some of these are about 40 feet tall, really beautiful. But unfortunately there's none on that property line, and so that's really the rub. If those were there, then we wouldn't even be having this discussion because they wouldn't even see us. And, again, they only see us when they're out on their road and in front of this -- THE AUDIENCE: No, no, no. MS. BISHOP: Because usually -- except for -- there's a few places -- I was getting to that. There's a few places that can be seen, but mostly they've got a lot of stuff. MS. MAC'KIE: And if they want -- and if they say they can see it from their houses, we're not going to argue with them. We do had -- we had quite a presentation that we can put on that shows you photography in the area, that shows you the trees, that shows you line of sight, that I omitted in trying to make this a little bit shorter, hoping we could cut to the chase and show you what we are willing to do if it's possible and what -- even regardless of whether we agree where they can see it from, their living rooms or the street, this would be a net effect of 6 feet more than they would otherwise get in the height of the trees, 2 feet of it berm, 4 feet of it trees, in lieu of that segment of the unnecessary hedge. CHAIRMAN COYLE: Okay. Just one more time. I want to make sure I understand where we are on this. For that eastern portion of this property. MR. BOILEAU: South. Page 196 January 25, 2011 CHAIRMAN COYLE: Yes. MR. BOILEAU: Southern portion, right? MS. BISHOP: Northern portion. CHAIRMAN COYLE: It's the northern portion of their property. MS. BISHOP: This is the part that we -- this here is the end of the -- MS. MAC'KIE: Net. MS. BISHOP: -- netting, so we're talking about this section right here, essentially that affects them, that we would take out the hedge, put the money into taller trees. CHAIRMAN COYLE: All right. But what happens to the area to the west? MS. MAC'KIE: That's a commercial development. CHAIRMAN COYLE: Oh, okay. I got you. MS. BISHOP: This is commercial development right here. CHAIRMAN COYLE: And the area to the right or east will remain exactly the same as it is right now -- MS. MAC'KIE: Absent the pepper hedge. CHAIRMAN COYLE: -- except for the pepper hedge is going to go away. MS. MAC'KIE: Yes, sir. And again-- CHAIRMAN COYLE: But there won't be a tall netting there. MS. MAC'KIE: You are correct. CHAIRMAN COYLE: Okay. So are you going to put a hedge in there? MR. BOILEAU: You will be looking in, though, sir. It will be very -- CHAIRMAN COYLE: Wait a minute now. MR. BOILEAU: It will be very visible for people to look in on that road. CHAIRMAN COYLE: Are you worried about looking into an area and seeing green grass and some white golf balls, or are you Page 197 January 25, 2011 concerned about looking at the netting? MR. BOILEAU: Looking at the netting, sir. CHAIRMAN COYLE: Okay. If they put the trees where the netting -- all the way up to the point where the netting ends -- MR. BOILEAU: Correct. If you're looking straight in, that will help us. But if you're at an angle, which you would be when they take all the Brazilian peppers out, you're looking at an angle and you'd be looking in at it, because they're not going to replace any trees back in there. MS. BISHOP: These are all going to stay. MR. BOILEAU: I would say, you know, for the little bit more distance to do it, just keep the berm going and keep those same trees all the way down through, and we'll all be happy. We can go home early. MS. BISHOP: All of these trees here are going to stay, these orange trees, and a lot of the -- and these are mature orange trees. Most of these here are a lot taller than what we're going to be planting. So I don't believe that they'll be seeing -- I mean, this -- I believe these rows of trees would block that view from that angle -- THE AUDIENCE: Parking lot. MS. MAC'KIE: Yeah, there's -- how many parking spaces, Karen? MS. BISHOP: I believe that's six. MS. MAC'KIE: It's not a big parking lot. And also-- MS. BISHOP: And that will be hidden from -- that will be -- that will have shrubs around it. That will have a hedge around it. You're not going to be able to see that. MS. MAC'KIE: And keep in mind, Commissioners, again, Karen's point that this community was built before your existing landscaping code. If they would build on their side what the current code would require if they were coming in today, they could solve their own problem. Respectfully, how much of their problem should Page 198 January 25, 2011 we solve? MS. BISHOP: We're trying. UNIDENTIFIED SPEAKER: But we're going from farmland to a 60-foot fence. COMMISSIONER HENNING: Okay. We've got too much participation. CHAIRMAN COYLE: Okay. I'm going to call the question. All in favor of approval -- you had something? COMMISSIONER FIALA: Yes. The motion, I believe, was stated originally as it reads on the executive summary, not with the changes that have been proposed. So was the motion maker -- was I the motion maker? Yeah, I was the motion maker, okay. CHAIRMAN COYLE: You were. COMMISSIONER FIALA: Okay. Then the motion must be changed to accommodate the -- eliminating the bushes that were supposed to be planted and, instead, building a berm and taller trees, 14- foot trees, all along the entire length of the screening -- netting, netting that is there. MS. MAC'KIE: That abuts the residential portion. MS. BISHOP: Right. MS. MAC'KIE: Yes, ma'am. CHAIRMAN COYLE: Okay. All-- COMMISSIONER FIALA: You're shaking your head? MR. BOILEAU: No. MS. MAC'KIE: He would like more. COMMISSIONER FIALA: Well, then, shall we deny? Would you prefer to just deny? MR. BOILEAU: Well, the thing is, I like your motion except for one thing; this should go the full length of Walden Oaks because of the fact they're going to be looking in there. And also, those orange trees are getting disease and they're dying. It's going to get worse and worse in there. Page 199 January 25, 2011 And believe me, if you go in and you look at an angle, you're going to project that angle through. You're going to be looking at part of that net in there. So it would be much appreciated if it just went the full length of that line. COMMISSIONER FIALA: I think we're asking for more than we can, because this isn't something that -- that can be -- especially because there's all of the trees that are in the way of looking at the net that are already existing there. I just don't understand that, why the insistence on that. CHAIRMAN COYLE: Whatever it is, there's no agreement here so-- , MS. MAC'KIE: That's correct. CHAIRMAN COYLE: -- it's up to us to make a decision. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All opposed, signify by the same sign. MS. HILLER: Aye. CHAIRMAN COYLE: Aye. So it fails 2-3 (sic) with Commissioner Coyle and Commissioner Hiller dissenting. MS. MAC'KIE: Thank you. MS. BISHOP: Thank you. CHAIRMAN COYLE: Okay. All right. Where does that take us, County Manager? MR. OCHS : Well, Commissioner, that would normally take us back to Item 9 on your agenda, but if the board would rather try to take some of the items that we have people in the audience for, it's the pleasure, obviously, of the board. CHAIRMAN COYLE: Let's go to 9A. Page 200 January 25, 2011 COMMISSIONER FIALA: What is 9A? CHAIRMAN COYLE: I don't know. COMMISSIONER COLETTA: What are people here for? COMMISSIONER FIALA: People are here for Clam Pass, right? MR. OCHS: I think you have people here primarily for the Clam Pass item and the fire consolidation bill item. COMMISSIONER COLETTA: Let's do those. CHAIRMAN COYLE: Okay. All right. Which item is that? Item #IOJ ENDORSE THE RECOMMENDATION OF THE COASTAL ADVISORY COMMITTEE (WITH LANGUAGE FROM THE AGENDA CHANGE SHEET) ON HOW TO PROCEED WITH THE PERMITTING AND INSTALLATION OF THE PROPOSED CLAM BA Y NA VIGA TIONAL MARKERS BASED ON RECENT REGULATORY FINDINGS AND AGENCY REQUIREMENTS - APPROVED MR. OCHS : Well, we would go to -- if you want to hear those, sir, the first would be Item 10J, which is a recommendation to endorse the recommendations of the Coastal Advisory Committee from 1/13/2011 not to forward with the permit application or installation of navigational markers in Clam Bay. Additionally, the CAC recommends that the county, Pelican Bay, and the Seagate community jointly meet to solve the markings of Clam Bay to facilitate safety, channel location, maintenance, and overall community acceptance. After resolution of the marketing -- excuse me -- the marking plan, a recommendation by the CAC and approval by the Board of County Commissioners, the county would petition the United States Army Corps of Engineers to close out the permit. Page 201 January 25, 2011 CHAIRMAN COYLE: Okay. Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. MR. MITCHELL: Sir, you have speakers. CHAIRMAN COYLE: How many? MR. MITCHELL: Twelve. CHAIRMAN COYLE: Is there anyone here who wants us to disapprove this? MS. CRAVENS: I'm here about a language change. CHAIRMAN COYLE: There's always an issue about a language change. Okay. Call the first two speakers. MR. MITCHELL: The first speaker is Jennifer Sullivan, and she'll be followed by Rick Dykman. MS. WU: Jennifer is not here. MR. MITCHELL: Then it's Rick Dykman, and he'll be followed by Sarah Wu. MR. DYKMAN: Thank you very much. My name is Rick Dykman. I'm a resident of Seagate. I've lived there a long time. I'm also on the board of directors of Seagate Property Owners. And, you know, I think back, I was standing here one year ago when the Board of County Commissioners voted unanimously to put navigation markers in Clam Bay, and the CAC had recommended it and the Clam Bay subcommittee, who worked for two years, also recommended it. And the staff was authorized to proceed, but it did not happen, and I'm not sure why. But I'm also here to say that in Seagate, you know, we want to be a voice of reason. We certainly support this proposal by -- which was read a minute ago, and we look forward to sitting down with all the parties and trying to come to some resolution. Ifwe can't come to a resolution, then we'll have to take the next step, but hopefully we can. I think that we want to keep the permit active until we have a Page 202 January 25, 2011 resolution, and I would encourage you to -- and I don't think that's an issue here, but I think that's important to us. And we just want you to approve it and move on. Thank you. COMMISSIONER HILLER: Yes. I would like to say just one thing. You know, I support the motion except for the wording of the motion needs to be amended to match what the CAC approved. And to that end, the words "channel location and maintenance" needs to be removed. So I certainly support the motion on the table but in conformance with the wording provided by the CAC, which is not what is in the document before us. COMMISSIONER FIALA: You are correct. I would agree with that. COMMISSIONER HILLER: So-- COMMISSIONER FIALA: Does the motion maker agree? CHAIRMAN COYLE: I'm not sure I agree. COMMISSIONER FIALA: Oh. CHAIRMAN COYLE: But let's hear the public first. Go ahead. MS. WU: Good afternoon. My name is Sarah Wu, for the record, and I'm a resident of Seagate. My husband, Ernest Wu, could not make today's meeting due to work conflicts but has asked that I read this letter on behalf of the Seagate community as the president of Seagate Property Owners Association. Seagate has worked hard over the years with the county, county staf:f, and the City of Naples to get properly marked and safe channels for the boating communities in Seagate. We have been patient and cooperate while others opposed to marking the channel have caused countless delays and saddled the county with excessive cost with their attacks. The county is asking us again to come to the table and negotiate for our channel markers. These are the very same markers currently Page 203 January 25, 2011 required by the U. S. Army Corps of Engineers and the U. S. Coast Guard. As you know, Seagate and Pelican Bay Foundation attempted a negotiation in 2009 . We wanted safety, protection of our riparian rights, and attacks on the navigability of Clam Bay stopped. What we got from the foundation was rhetoric, saying Clam Bay was not navigable and that Seagate was going to bring in 50- to 70-foot boats despite having to go under a bridge that is only wide enough to allow for 20-foot boats. But Seagate is committed to moving forward and not dwelling on the past. Weare committed to protecting the environment by alerting boats to stay within the channel and off seagrass beds. We are committed to the safe cooperation of all the county's users of Clam Bay, including swimmers and kayakers and, most importantly, we are committed to safe boating for the residents of Seagate, many of whom are school-aged children. So, yes, Seagate is ready to come back to the table and work out an agreement that will properly mark the channel and be safe. On the matter of the U.S. Army Corps of Engineers' permit, it must absolutely, positively, I repeat, not be closed out on all -- until all parties have had a chance to talk and iron out an agreement that is agreeable by everyone and put in writing. Many people in groups, such as the Clam Bay Advisory Committee, Coastal Advisory Committee, and, yes, you, the Board of County Commissioners, have worked for years clarifying the Army Corps' permit and requirement for Coast Guard lateral channel markers. It even resulted in three official letters from the Corps emphasizing the requirement of installing the Coast Guard markers. Until everyone sees in writing an agreement, this permit cannot be closed. It would bring us back to chaos, the false accusations, and extreme bitterness we saw a few years ago. In summary, Seagate wants to work with the county and not Page 204 January 25, 2011 against it. As requested, Seagate will go back to the table and renegotiate a safe mark channel that is agreeable with our Pelican Bay neighbors, but absolutely, positively do not close out the Army Corps permit until an agreement in writing is finished. This issue of markers has been called a political football, and it seems like we're in double overtime. But please do not lose sight of why we care so much. It is about the environment, it's about safety, safety for our families and safety for our kids. Thank you. CHAIRMAN COYLE: Thank you. COMMISSIONER HILLER: Mrs. Wu, very nice presentation. I just want to say I agree with you that this permit should not be closed out and doesn't have to be closed out at any time, so I would not be concerned. And thank you for raising that point. But it will remain open and should remain open indefinitely. COMMISSIONER COLETTA: If I may, I'm in charge for a few moments here until Commissioner Coy Ie finds his way back. Is there any other speakers? MR. MITCHELL: Sir, we've got 12 speakers. COMMISSIONER COLETTA: Okay. I'm going to ask everyone to refrain from questioning each speaker that comes up unless -- raise your hand, be recognized, and we'll do it that way to be able to keep everything flowing. Please call the next speaker. MR. MITCHELL: The next speaker is Jim Pelton, and he'll be followed by Mary Johnson. MS. WU: Jim had to leave. MR. MITCHELL: Okay. Mary Johnson. COMMISSIONER COLETTA: I'm sorry. Is Mary Johnson here? MS. JOHNSON: I'd like to cede my time to Marcia Cravens. COMMISSIONER COLETTA: That's fine, ma'am. Page 205 January 25, 2011 MR. MITCHELL: So Marcia Cravens, and she'll be followed by Linda Roth. MS . CRAVENS: I believe I also have another -- COMMISSIONER COLETTA: Please wait till you get to a microphone, so we can hear you. We can hear you, but the audience can't. It sounds like we're -- MR. FEE: I'm ceding my time. MR. MITCHELL: You didn't register until after the motion had started. So I'm sorry, your speaker slip wasn't -- MR. FEE: I didn't realize the item had started. You moved around -- MR. MITCHELL: Well, that's not-- COMMISSIONER COLETTA: I'm sorry. Was Mr. Fee's speaker application there or not? MR. MITCHELL: It wasn't given to me until after the item had opened. MR. FEE: But you moved the agenda item. I had no time to get up and put in my slip. COMMISSIONER COLETTA: I think we --I'm going to rule that we make an exception for Mr. Fee under those circumstances. Please continue, yes, ma'am. MS. CRAVENS: Okay. Thank you very much for the opportunity to speak on this issue which -- I've been before the Board of County Commissioners many times on this issue. And I'm actually addressing this from two perspectives. One is that I am entering -- what you have is a statement from the Mangrove Action Group in my role as a vice-president and past president of that organization and currently responsible for Clam Bay Outreach. And -- excuse me. Dear Commissioners, it is respectfully requested that you adopt the January 13, 2011, recommendation of the Coastal Advisory Committee to not approve further expenditure of TDC or other funds for environmental assessment in pursuit of Page 206 January 25, 2011 red/green channel markers in the Clam Bay conservation NRP A preserve waterways. There are alternative safety options. And then there are three alternative safety options to consider. One is maintain existing regulatory markers to control vessel speed. An idle speed no-wake zone was adopted by the county for waterway safety and as a manatee zone many years ago, but signs are now in disrepair. Permits already exist for the two or three replacement markers that are needed. The second safety option to consider: Add new information markers. Several of them were developed by county staff in consultation with Florida Fish and Wildlife Conservation Commission experts to improve waterway safety, and the cost of these permits is already paid. They are already approved and they only need to be amended for location and manner of attachment. Three, repair the existing canoe and kayak trail. The canoe and kayak trail markers are already permitted and established for over 15 years. Replacement canoe and kayak markers are needed because county residents and visitors come to Clam Pass Park with their own kayak or they rent a canoe from the park concession, but the popular canoe trail is difficult to follow because the trail markers are in poor condition, which makes it a safety problem. Replacement markers are in storage, already paid for, and ready to be installed. The record of correspondence with regulatory agencies now provides a better understanding that completion of any or all of the above options would satisfy the Corps and the FDEP 1998 Joint Coastal Permit Special Conditions. It just requires photo proof to the Corps when it's complete. Conclusion. There are two old permits and one new permit for markers which are in good standing and, in combination, all of these would serve to improve waterway safety for all users. Your approval of alternative options would serve all the public in Collier County, involve very little new cost, and in today's economy, I think it's Page 207 January 25, 2011 important, and comply with market related 1998 Joint Coastal Permit Special Conditions and resolve this divisive issue. Thank you for the opportunity to provide reasonable alternative safety options for your consideration. That completes the statement for the Mangrove Action Group. I would like to then move to an issue that just came up this morning. And I have to comment that, overwhelmingly, I think by and large, the stakeholders and affected individuals who have been represented by hundreds of letters, nearly 3,000 petition signatures, and numerous correspondences from environmental organizations and individuals which caused this to be a heightened public concern are like to be overwhelmingly in favor, as the Mangrove Action Group is, for the two-part Coastal Advisory Committee recommendation. What is concerning -- and I'm only speaking for myself as an individual and a waterway user at Clam Bay, because I kayak and I enjoy that canoe trail, and I know many people who do also. What concerns me, because this is an item of heightened public concern, is that there has been a change -- if you would please put that first one up, please. The original agenda item for today still posted to the website, which I checked this morning, indicates that this recommendation is to endorse the recommendation of the Coastal Advisory Committee on how to proceed with the permitting and installation of the proposed Clam Bay navigational markers based on recent regulatory findings and agency requirements. And if you would please put the second one up that says January 25th, today, BCC the executive summary, please. Yes, please. Again, up until right before I came in here today, this is the only document that was available to the public for review for this agenda item, and it clearly says, "Recommendation to endorse the recommendation of the Coastal Advisory Committee on how to proceed with the permitting and installation of the proposed Clam Bay Page 208 January 25, 2011 navigational markers based on recent regulatory findings and agency requirements. " Again, that was a two-part recommendation, and that was to not proceed with funding for environmental assessment in pursuit of the lateral aids to navigation and also that the major stakeholders of the county, Pelican Bay, and the Seagate community, get together and try and agree upon language or the types of markers. What occurred this morning after the BCC meeting started was there was a change to this language, and it's not available anywhere on the website, it hasn't been discussed in public, it was not part of the Coastal Advisory Committee's recommendation, and whatever em ail comments and speaker comments and phone calls you might have had today are based on the January 13th Coastal Advisory recommendation that does not have this added language. And we don't know what the extra language means. We don't know any potential consequences and, therefore, can't -- I personally don't feel I can weigh in on that added language. It would seem to me if the Coastal Advisory Committee's recommendation was modified by some other party, such as the Tourist Development Council, that maybe that modification should go back to the Coastal Advisory Committee for them to endorse it for -- and own it, or else that it should be heard as a Tourist Development Council recommendation if that's the case. So I ask you to please consider the agenda item as it was originally presented and which the public expected to be discussed today and which the public has already commented on. I think you will find that there is overwhelming support for that two-part recommendation by the Coastal Advisory Committee. Thank you. MR. MITCHELL: The next speaker is Linda Roth, and she'll be followed by Jim Hoppensteadt. COMMISSIONER COLETTA: I ceded. Page 209 January 25, 2011 MR. MITCHELL: Okay. COMMISSIONER FIALA: To who? MR. MITCHELL: So the next speaker after will be Steve Feldhaus. MS. ROTH: Hello. I'm Linda Roth from Pelican Bay. As you know, on January 13th the CAC unanimously recommended Collier County not move forward with the permit application to install red and green lateral navigation markers in Clam Bay. Moving forward would have cost the county an additional $50,000 with an uncertain outcome. The CAC also recommended that the county petition the U.S. Army Corps of Engineers to close out the permit. Based on the recent regulatory findings and agency requirements presented by Mr. McAlpin, it was clear to them that non-lateral navigation markers will be an appropriate alternative to meet all the safety and regulatory requirements in Clam Bay. I respectfully urge the commissioners to endorse the CAC's recommendations as originally approved at the January 13th CAC meeting without the added changes to the recommendation made after the meeting. In closing, I would like to thank the county staff, CAC, and commissioners in advance for being flexible and open to pursuing available alternatives to resolve this very contentious issue for nearly three years. Thank you. MR. FELDHAUS: Good afternoon. CHAIRMAN COYLE: Good afternoon. MR. FELDHAUS: My name is Steve Feldhaus, and I'm appearing before you today in my role as secretary of the Pelican Bay Foundation, as an individual citizen, and also as the member who's been leading our ad hoc committee, the foundation's ad hoc committee on Clam Bay in our negotiation with the county and with the residents of Seagate on Clam Bay matters. Page 210 January 25, 2011 I'm here today to urge you to pass the motion that is currently before you. And I understand that Commissioner Hiller has made a recommendation to modify that, and I'll speak to that in a moment. There have been concerns expressed about the intent of the CAC meeting. I was there. I think it was very clear that the motion before you today accurately reflects the intent of that meeting. It also accurately reflects, I believe, the intent of the meeting yesterday in which the actual wording that's before you today was changed. I think commissioners -- Commissioner Rios' motion was clear that the parties -- he was asking the parties to negotiate. Chairman Sorey said he wanted to make it very clear that the CAC reserve the right if, in fact, the parties were unable to negotiate successfully, to come back and to get -- to re-examine the possibility of red and green markers, and that's what -- that's the essence of the motion that's before you today. So I believe that's entirely consistent with what happened at the CAC, and I heartily endorse it. I share a little bit of George's concerns -- I actually don't have any concern with the wording as it is. I'm fine with it. But I share George's perplexity. I'm not sure what a channel is and whether that has a technical term or what maintenance -- are we talking about maintenance dredge, maintaining the signs, making sure they're painted? I'm not sure. I don't care, quite frankly. I endorse this motion. I think the spirit of this motion is that we are to sit down with our friends at Seagate and find signs that adequately protect the watercraft users who have a right to be in Clam Bay, and we will do that. I am convinced we will do that. And I want to leave you with one thought. I've had to sit through your -- and you had to sit through a grueling exercise on the dredging of Wiggins Pass. Let me ask you to reflect that the reason that you're dredging Wiggins Pass is that there are red and green markers there signifying that it is a navigable pass imposing upon you the obligation Page 211 January 25, 2011 to maintain it safely for general navigation. We do not want Clam Pass and, particularly, Clam Bay ever to be in that situation, all of us. And our friends at Seagate, the same way, want to maintain Clam Bay for the ecological treasure that it is. We'll work with them to ensure that there's safe boating in there without red and green markers. Thank you. MR. MITCHELL: The next speaker is Michael Seef, and he'll be followed by Kathy Worely, who will be your last speaker. MR. SEEF: Good afternoon, late afternoon. I'm Michael Seef, and I'm a resident of North Naples, and I also happen to have a son who owns property in Seagate, and I'm sort of reflecting his interests and also my interests in keeping the -- keeping Clam Pass and the Clam Bays (sic) as a natural and relatively pristine area in not wanting to have excessive speed boats charging up and down and to just kind of echo Steve Feldhaus's comments about sharing with Seagate -- or some people in Seagate the same kind of a desire to keep an open, natural area. I also do some nature guiding for the Conservancy, and we have something like 800 people, guests, visitors, come through every year, and I don't think that they want to have red and green channel markers. And I think that represents another community besides Pelican Bay and Seagate, which you've been hearing about. So I'd like to support the CAC results that were originally proposed without whatever TDC and other kinds of variations that suddenly happened, as was described. So thank you with that. And again, I hope that a good decision is made to keep Clam Pass as a natural area. Thank you. MS. WOREL Y: Kathy Worely, the Conservancy of Southwest Florida. I have some concerns with the wording myself, to the Page 212 January 25, 2011 recommendation -- changing from the original recommendations to what is now worded, particularly the addition of the words "channel location and maintenance." This -- to me this does change the intent of the original language. And I am not sure what is meant by channel location or maintenance, what exactly are they -- you know, is this referring to maintenance dredging, is it in reference to maintenance of the signs? And I think -- I respectively ask that you revert to the original verbiage of "to facilitate safety and overall community acceptance" or re-publicize this so that others who did not see -- others of the public who did not see this change and did not come down here because they -- you know, if you tend to agree with something, a lot of times you don't come down here because you say, oh, I like that. And what people were seeing was the old recommendation. So I would respectfully ask that either you go back to the old language or that you give people a chance to review the new language and exactly what it means. Thank you. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Henning? COMMISSIONER HENNING: I think Ms. Worely brought up a very good point. The language was changed in the agenda, therefore, it might have been acceptable to some people, and if we're going to apply that to ourselves, we should also apply that to staff. Second thing is, if it is a recommendation, I would have to know from Commissioner Hiller, which group in Pelican Bay should staff work with? Should it be the foundation, PBSD or friends of the Mangrove Action Committee? COMMISSIONER HILLER: I think all stakeholders need to have a seat at the table. I think that there has to be consensus among all groups. I don't think any single representative body speaks for Page 213 January 25, 2011 everybody. COMMISSIONER HENNING: Okay. Well, I do have -- again, I do have a concern about the -- how it was presented to the public on the agenda, and -- COMMISSIONER HILLER: Absolutely. COMMISSIONER HENNING: I think that we shouldn't -- we should continue this item. COMMISSIONER HILLER: Can I respond to your comment, Commissioner Coyle? CHAIRMAN COYLE: I'm sorry? COMMISSIONER HILLER: Can I respond to -- CHAIRMAN COYLE: Oh, sure. Go ahead, go ahead. COMMISSIONER HILLER: The wording that was originally proposed had built consensus in the community. Everybody agreed, Pelican Bay, Seagate, the conservationists that appreciate the NRP A for what it is, those people who kayak. I would ask that if we could restate the motion to include the original wording as was noticed, I think we could take care of this issue today and allow the communities to move forward and figure out what markers would work in everybody's interest. I agree with what Mrs. Wu said. I don't think there should be a closure of this permit. I think it should remain open. And I think we need to move this process forward. I think the CAC did an excellent job in putting a recommendation forth, and I'd ask the motion be amended. CHAIRMAN COYLE: Okay. We have Commissioner Coletta and then Commissioner Fiala. COMMISSIONER COLETTA: If I could have someone from staff. I want to make sure that we understand exactly what's taking place here. We kind of reached an impasse, most amazingly -- we've never seen this before -- where somebody was able to bring the Florida Page 214 January 25, 2011 Department of Environmental Protection to a dead stop, heightened public concern. You know, that's a new one. I don't know who did it, but I'll tell you what, I want you to hire them to work for the county. It's absolutely amazing. My credit goes out to them for pulling off the impossible. Florida Department of Environmental Protection, bringing them to a dead stop. That doesn't solve the problem. I mean, here we are at the point now we're talking about, what is the leverage that's going to be there that one side knows the other side's going to produce? In other words, the county at this point in time, if we go forward, is basically stepping out of the picture? MR. McALPIN: No, Commissioner. I think what we're proposing to you is that the county work with the Pelican Bay community and we work with Seagate and any other interested stakeholders to come up with a way that marks the pass for safety, it marks the pass so that it delineates where the pass is for -- so that people stay within the pass, and it does that with community acceptance. And we -- and so that's what we were looking for. Subsequent -- the concerns have come up subsequent to the language being changed. We had a discussion at the CAC meeting-- excuse me -- the TDC meeting yesterday and with the Seagate community on Friday night, and they would like to see the timing of this be that, number one, that we not move forward to close out the permit until after that agreement is reached. It was brought back to the CAC to be ratified, and also to the BCC to be approved. And the issue with channel location maintenance were (sic) talked in these groups. They were -- it was part of the discussion that we have had with all the surrounding groups, and that was included in the modified statement, and that's the -- that's the process that had happened up to this point. COMMISSIONER COLETTA: So not closing out the permit, what kind of leverage is that? Explain that to me again. Page 215 January 25, 2011 MR. McALPIN : Well, what we would do is we would make sure that we had agreement from all the communities, all -- all the interested parties, and that the TDC would -- excuse me -- the CAC would support that recommendation. It would be approved by the Board of County Commissioners. Once we had that, we knew that everybody was in sync with what we were doing and how this would work -- and then we would move out to petition the -- to petition the U.S. Army Corps of Engineers saying that we have acted in good faith to try to get all the permits for this to come into compliance. There's three other regulatory agencies that are -- have co-responsibility for the permit. We could not get them all in a timely cost-effective manner. The county has acted in good faith. Please close out the permit and let us move on and -- so close this whole thing out. COMMISSIONER COLETTA: I think the county -- I agree with you, the county has acted in good faith. You really think that in (sic) the end of the day there's going to be any kind of markers in the bay there to be able to help the residents? MR. McALPIN: I believe that we will come to a solution with the people with -- certainly we have the will to do that within the Pelican Bay community . We have the will to do that within the Seagate community. We have the will to do that within the county to come up with something that works for everybody. So I'm optimistic, Commissioner, that that will happen. And so if we move this forward, then we'll resolve this very thorny issue that's been plaguing us for two or three years now. COMMISSIONER COLETTA: And at some point in time are we going to get a report back of how these negotiations have taken place? MR. McALPIN: Once we -- what I would suggest is that once we have an agreement on what we can do -- what we should do that we have everybody's buy-in to it, that it is accepted by everybody, we Page 216 January 25, 2011 take it back and have the CAC review it, make sure they are in concurrence, make a recommendation from them, and then that recommendation we would be -- would be brought back to this group for approval, and that's what we would do. If we get to an impasse, then we would -- we would come back to the CAC, we would also come back to this group, to the commission, and ask for direction on how to proceed at that point. COMMISSIONER COLETTA: My compliments go out to you. You must have the hardest job in Collier County. Thank you. CHAIRMAN COYLE: No, he doesn't. I do. COMMISSIONER COLETTA: You do? CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: Okay. Forgive me, sir. Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Just --I'mjust asking for a nod or something. This wording that now -- that has -- that is now being presented that's been modified just a little bit, does that agree with you, Jim Hoppensteadt? MR. HOPPENSTEADT: (Nods head.) COMMISSIONER FIALA: Steve Feldhaus? MR. FELDHAUS: Yes, ma'am. COMMISSIONER FIALA: And -- okay. So it seems that -- and I guess that you are speaking for the majority of people in your communities. I know you're unanimous in this feeling, right, Mr. Feldhaus, your organization? MR. FELDHAUS: I feel that we have a broad consensus in our community supporting our efforts. COMMISSIONER FIALA: We're never going to get complete consensus. CHAIRMAN COYLE: No. COMMISSIONER FIALA: You know, we never will. But if the Page 217 January 25, 2011 majority of people are feeling this way -- and it seems so fair. I can't understand why there wouldn't be. MR. FELDHAUS: Right. COMMISSIONER FIALA: Then my second stands. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Yeah. If I could just address that. A couple of points. The revised language was, in fact, approved by the Board of County Commissioners this morning in public session, and it became the revised recommendation by the CAC. I appreciate the confusion and concern that creates, because we have tried in the past not to make last-minute changes, and this was one that just happened. But the point is that what was in our executive summary did not accurately reflect what the CAC wanted done. As a matter of fact, if you'll go down to the section that says "Advisory Committee recommendation" on page -- packet Page 448, there is no recommendation there. In order to find out what the recommendation is, you have to go up two or three paragraphs and pick it out of several sentences. So it -- what you see before you is exactly what appeared before the TDC and was endorsed by the TDC and was the intent of the Coastal Advisory Committee. I don't believe there is any substantive difference, and I agree with Steve Feldhaus, the important elements of this recommendation are that the stakeholders are going to get together, they're going to agree upon something, and if they agree upon something, it will go through the CAC, it will come to the BCC, and then if we're -- we all approve it, we will petition the Corps of Engineers to close out the permit, and that's what everybody, as far as I know, had in mind from the very beginning; it's just that we didn't -- didn't capture that information and capture that statement very concisely in the summary. Page 218 January 25, 2011 So we have a motion and a second. Commissioner Hiller? COMMISSIONER HILLER: Yes. I'm -- I remain concerned. Steve Feldhaus stood up there and represented that he had no idea what "channel location and maintenance" meant. So we're making a motion where we have not agreed to the definition of what the objectives is -- what the objectives are. Unless I get a definition of what "channel location and maintenance" means, this motion is meaningless and, quite frankly, legally uninforceable because it's void for vagueness. CHAIRMAN COYLE: Well, that's really not the point. The people who are going to determine that are the stakeholders, not us. We're not -- COMMISSIONER HILLER: The stakeholders need definition because we're giving direction. CHAIRMAN COYLE: The stakeholders are capable of defining these issues themselves and reaching agreement on them. So I'll call the question. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay. It passes 4-1 with Commissioner Hiller dissenting. Thank you very much. How long has it been since you had a break? Are you okay? THE COURT REPORTER: I'm okay. CHAIRMAN COYLE: We've ordered pizza, by the way, for dinner. COMMISSIONER FIALA: When the pizza comes, we'll break. Page 219 January 25, 2011 CHAIRMAN COYLE: We'll break for a few minutes. Okay. County Manager, where do we go? Item #IOH PROPOSED LEGISLATION CREATED TO PROVIDE A PROCESS FOR CONSOLIDATION OF THE INDEPENDENT FIRE CONTROL AND RESCUE DISTRICTS IN COLLIER COUNTY - MOTION TO CONTINUE ITEM TO THE NEXT MEETING - APPROVED MR.OCHS: Commissioner, I'd like to go to Item 10H on your agenda, if I may. CHAIRMAN COYLE: Okay, all right. MR.OCHS: It's a recommendation -- excuse me. Excuse me, ma'am. I'm trying to conduct business here -- recommendation to review the proposed legislation created to provide a process for consolidation of the independent fire control and rescue districts in Collier County. Ms. Debbie Wight, legislative affairs coordinator, will present. COMMISSIONER FIALA: What number is that? MS. WIGHT: 10H. MR.OCHS: This is Item 10H in your agenda, ma'am. MS. WIGHT: Okay. I guess, good evening, Commissioners. You have before you today the most recent version of the proposed fire consolidation legislation that provides a process to merge the independent fire control and rescue districts in Collier County . Also you have an executive summary that explains that the members of the Collier County legislative delegation on November 23rd specifically requested hearing the position of the Board of County Commissioners before advancing this local bill any further Page 220 January 25, 2011 along in the legislative process. County staff has reviewed the proposed bill and explained the referendum question options. Staff has also included bullets that address other issues and provisions in the bill. The staff analysis was based on the assumption that none of the merging districts holds a COPCN, a Certificate of Public Convenience and Necessity. I just wanted to call that to your attention. But as you heard earlier today from North Naples Fire Attomity -- Attorney, I'm sorry, Laura Donaldson, it's her opinion and the county attorney's opinion that the North Naples COPCN that you granted earlier today would not automatically transfer to the new consolidated fire district. Also, the County Attorney's Office provided a memo that offers additional analysis. If you have questions about the proposed local bill, Attorney Laura Donaldson is here to respond. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, really it's none of our business. But I heard from a citizen, not a bureaucrat with her own agenda, it was a citizen that stated that the legislators delegation would like the input of the Board of Commissioners. So if we take a position, I would request that we just correspond with our delegation members. And at the present time, I looked and there's no sponsorship of this bill, so -- well, I give you my personal opinion, I looked at what the voters voted on in November, and they said, you know, concisely, across -- all across Collier County, even in District 5, they wanted a consolidated fire district. This is really not a true consolidated fire district. CHAIRMAN COYLE: Go ahead, Commissioner Coletta. COMMISSIONER COLETTA: Yeah. And Commissioner Henning's right but, once again, one of the things I need to clarify and make sure that -- the representative from North Naples would like to come up. Page 221 January 25, 2011 This bill does not inhibit for any other entity, be it another independent fire district or its citizen initiative, to bring about consolidation. In other words, if this is approved by -- the way it's written now -- and, God forbid, it could change -- that it would still be more than a guideline of one way that it could happen, but it does not close the door for other ones to be able to merge and be able to come up with their own bills. But I know at this point in time we have, God knows, but very possibly Golden Gate and East Naples. They've got some discussions going. Is that correct? Or does this bill, in any way, inhibit other people or other fire departments from coming up with their own way to get there? MS. DONALDSON: For the record, Laura Donaldson, attorney for North Naples Fire Control and Rescue District. You're correct, this does not prohibit or stop any other process. We can't bind future legislatures. What it does do, let's say if Golden Gate and East wanted to merge, if this was in place, it makes it easier for them to merge. Now, they could decide to merge, this law will be in place and they say, you know, we don't like this, we want to do it our own way, and they would have to go back through the local bill process. But, yes, this does in no way stop any other group, districts from moving forward with their own separate type of consolidation. COMMISSIONER COLETTA: Yeah. Now, one of the concerns -- and I mean, I'm not overly whelmed (sic) with the concern, is the fact that North Naples could be the first element of this, in other words, form their own district with the idea that other people can come into it, is that correct, all by themselves? MS. DONALDSON: Correct. COMMISSIONER COLETTA: And once they form that nucleus, they more or less have got the wherewithal -- if anyone else wants to come in, they have control over how it's going to be set up; in Page 222 January 25, 2011 other words, they rather than a -- what's it called -- merger, it's more of an absorption? MS. DONALDSON: Commissioner, I think-- COMMISSIONER COLETTA: And I'm not --I'm not upset with it. I'm just trying to put it together. I mean, I want to see consolidation take place, and I do want it to be in a meaningful way, and when it does take place, it has to be in a way that's going to be in the best interest of the citizens of Collier County. You know, and I've got several other questions, but let me let my other commissioners ask some questions, then I'll come back, let them get a chance to get into this, and I may have one or two more to ask you. MS. DONALDSON: Can I respond to that question first? COMMISSIONER COLETTA: Please. MS. DONALDSON: I would think -- one, in your example, North Naples goes in first. We wrote it specifically to make sure -- an absorption normally would be, I'm going to absorb you, and I get to decide if I'm going to do that. The way this is written specifically is that, let's say North goes into the new district. South -- the new district, Southwest Florida Fire Control and Rescue District, has no say on who merges in. And we specifically did that because we did not want to get into an issue of, you know, they're deciding, are we taking you. It's more people want to come into the new -- I foresee, if this becomes law -- because of the scenario, if one district votes to go in, adopts resolution, not votes, but adopts resolution, which is the first up -- you will see, I believe, other districts voting to try to put -- to put the question to the residents to avoid the potential situation of one district getting in first. COMMISSIONER COLETTA: And I did have some questions regarding the millage and how you figure it out, but before we go into that, let my fellow commissioners ask some questions. MS. DONALDSON: Okay. Page 223 January 25, 2011 CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: If I understand correctly, even though there are those who want consolidation, there's no way that the independent districts could legally consolidate, is that correct, without enabling legislation like this? MS. DONALDSON: Correct. COMMISSIONER HILLER: So basically, even though people are arguing, "We want consolidation," there's no legislation that has been put forth except for what you're proposing here today and what was proposed in the past that would allow for consolidation to become a reality? MS. DONALDSON: Correct. With a caveat that the Senate Community Affairs Committee did do an interim project this summer, and they're looking at trying to do general-law legislation to help special districts to merge with the recognition that the statutes are so silent and it's so difficult, that the process in itself is so burdensome that we're not getting mergers. So I can say, yes, they can't, but there is this other process that might become law, which I don't have control over. It's a-- COMMISSIONER HILLER: What is the likelihood that that process might become a reality? MS. DONALDSON: Fifty/fifty. And I don't mean to be-- COMMISSIONER HILLER: Oh, I understand. MS. DONALDSON: Every piece of legislation has a 50/50 chance until they drop the hankies on the last day of session. COMMISSIONER HILLER: No question, just sometimes there's more general, you know, consensus among our representatives to support something and that's, you know, clearly articulated because of a public concern. MS. DONALDSON: I can tell you, Commissioner, that Senator Bennett is the chairman of the committee, and going back to two -- let me think. I started with the legislature in 1998, so I think session 2000 Page 224 January 25, 2011 when Senator Bennett tried to consolidate two fire districts in Manatee County, and there was a big issue and it fell apart during session, this is something that he holds dear, that he wants to make it easier to get these special districts to consolidate. It's actually something that you guys would agree on, Commissioner Coyle. CHAIRMAN COYLE: Boy, that would be a first. MS. DONALDSON: But I can tell you -- so, you know, Senator Bennett is the president pro tem. This is coming out of his committee. He directed his committee to do the interim project. How it goes, we don't have -- I mean, there's not a similar project in the house, but there are moving parts, because I think there's a recognition that the statutes are causing local -- these governments not to be able to consolidate just because it's very -- I mean, it's taken us four years, and I still keep getting questions about the legislation, so it's very difficult. COMMISSIONER HILLER: And, essentially, the districts that would join in this consolidation pursuant to this bill would do it voluntarily. MS. DONALDSON: Yes. COMMISSIONER HILLER: And voluntarily means pursuant to referendum of their constituents. MS. DONALDSON: The board of the fire districts would put it to their residents, yes. So first the board of the fire district would have to vote to put it forward to their residents, and then the residents would get to vote. COMMISSIONER HILLER: But without the vote of the residents, there would be no consolidation. MS. DONALDSON: Correct. COMMISSIONER HILLER: That's very significant. Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Donna was first. Page 225 January 25, 2011 COMMISSIONER FIALA: All right. CHAIRMAN COYLE: Commissioner Fiala. COMMISSIONER FIALA: And also, if they don't want to consolidate, they do not need to, like in Lee County, for instance, right, where they have all of the different separate fire departments, and some of them have consolidated with EMS and have their own little departments, but they don't -- the fire departments don't all have to consolidate, right? MS. DONALDSON: That is correct. And I can tell you, the interim project in the Senate is very clear that it should -- everything should be voluntary, because these are separate local governments. And it should be voluntary and the residents should have a vote. COMMISSIONER FIALA: How does North Naples feel about 't? I . CHIEF STOL TS: This is our bill. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: They oppose it. MS. DONALDSON: I can tell you, Commissioner, that when-- we had not planned on moving forward with this local bill. I was actually working with the Senate on the interim proj ect. And when the electors voted on election day and I was on my way to Arcadia for another client meeting, I got a phone call from Chief Stolts and Assistant ChiefPogan, and they said, can you -- you know, the residents voted. Now, obviously the devil's in the details, but they want to look at consolidation, so can you draft -- can you get the bill back in a place -- let's take out everything that we possibly -- we believe is controversial. And we have tried to make a concerted effort to do that. I know we had changes of this bill up until last week, but that was because I had conversations with county staff, they raised a couple concerns, we made those changes. So we're hopefully in a better position this year than last year where -- I mean, we have tried Page 226 January 25, 2011 to address your staffs concerns in our version of the bill. CHAIRMAN COYLE: We keep coming back to Commissioner Coletta. COMMISSIONER COLETTA: I appreciate it. I always like to have Commissioner Fiala go before me. But, first, I want to compliment you for the fact that you have taken something that I had a lot of objections to, and you modified it to the point that -- I mean, is it perfect? No. It never will be. I do think the way it is now, it's about as good as it's going to get. I -- my only concern is is that what happens now that it's going through the legislative body and who may come in and try to add some very difficult things to it that would make it disadvantages (sic) to the other districts out there. Of course, that's an unknown quantity. But, you know, I would like to make a motion to approve it as is with the understanding that we're approving a product that's in front of us, with the understanding that if it's modified, we would like to be able to look at it again, especially if it's sufficient, other than just a word or two. MS. DONALDSON: Commissioner, the way the legislature works, especially -- with local bills, they're very different than general bills, and the Florida House has a process -- because they're really the ones reviewing the bill -- where if you make substantive changes to a bill, I mean, major substantive changes, I have to get majority vote of the delegation. I also have to make sure that -- we have noticed this bill in the Naples news. If I revise -- like let's say -- I'm just -- I'm not going to do this, especially in light of the vote today. But let's say that I wanted to amend to put that you had to give us the COPCN. It's moot because you gave it to us today, but if I wanted to put that in the local bill, I have now violated my notice provision and, constitutionally, this local bill could not become effective unless it was approved at referendum. So you would -- if I start messing with it or other parties start Page 227 January 25, 2011 messing with it substantively, the only way that it could be approved is the bill would have to be approved at referendum, and then you'd have a separate referendum vote on the merger. I mean, there's really COMMISSIONER COLETTA: No, I understand all that. And, you know, once again, I am concerned of what could happen once it leaves here. But you've done a wonderful job. You've taken it from what I consider a total disaster to something that's quite acceptable, considering all the concerns out there you had to meet and all the egos you had to satisfy. I congratulate you. MS. DONALDSON: Thank you. COMMISSIONER COLETTA: And I do make the motion to move this forward. MR. MITCHELL: Sir, we do have speakers. CHAIRMAN COYLE: How many? MR. MITCHELL: Two. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Coletta, a second by Commissioner Fiala to approve the bill. COMMISSIONER HENNING: Well-- CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: We don't approve this bill. We CHAIRMAN COYLE: We can approve support of the bills, which is what they're asking for. COMMISSIONER HENNING: We can make recommendations to the legislators. If that's what the motion says -- COMMISSIONER COLETTA: I'm willing to do whatever is correct. COMMISSIONER HENNING: Well, there's a tax increase in there. Page 228 January 25, 2011 COMMISSIONER HILLER: Mrs. Donaldson, could you please clarify what is being asked of the board today? MS. DONALDSON: I would love it. CHAIRMAN COYLE: To support the bill. MS. DONALDSON: To support the bill that has been presented to you today, with that caveat, Commissioner Coletta, recognizing, support the bill that's in front of you today, and that gives me the ability to go to the delegation and get this bill filed so we can get it gOIng. CHAIRMAN COYLE: Okay, okay. And I'll-- COMMISSIONER HENNING: I'm not done yet. CHAIRMAN COYLE: I'll just have a -- go ahead. COMMISSIONER HENNING: And I wanted to make an observation. I'm not sure if someone read it, but it give some additional powers above and beyond what they have today, and also more taxing authority than what they have today. COMMISSIONER HILLER: Gives who power? COMMISSIONER HENNING: Gives the -- this fire district. Presently fire districts work under 198 and 191. They want to work under 401 and 197 besides 198 and 191. COMMISSIONER HILLER: Isn't 401 what we were talking about this morning? COMMISSIONER HENNING: Yeah. MS. DONALDSON: Commissioners, that's current law. If you look in Chapter 191, it states that we have to do non-ad valorem assessments pursuant to -- 197 is a non-ad valorem assessment process. It says that we have to get a COP -- if we want to do emergency medical services, we have to get a COPCN pursuant to Chapter 401. COMMISSIONER HENNING: Well, wait a minute now. Let me read this. Powers and duties of the district. "The board shall have the power to create an SDA pursuant to Section 5. The district shall Page 229 January 25, 2011 have the powers and duties granted under this charter and Chapters 189, 191, 197, and 401." 401 is, you can be your own medical director. MS. DONALDSON: Commissioner, if you go further in this section of the bill for the powers of the district -- COMMISSIONER HENNING: They won't have to come to us for a CPO -- CPN (sic). MS. DONALDSON: If you go to Subsection 7, it says specifically that the district may establish and maintain emergency medical rescue services within the district consistent with Section 191.0081, which requires the COPCN under 401, and the provisions of Chapter 401. I mean, we're specifically -- the only way we could do anything under 401 is if we're given a COPCN under 401 from the commission. COMMISSIONER HILLER: Just to clarify --I'm sorry. Well-- MS. DONALDSON: But I have -- I mean, there are-- COMMISSIONER HILLER: I just -- I want to clarify Commissioner Henning's concerns. COMMISSIONER HENNING: Well, here, look. Look on Page 10 of the bill, Section 7, "Powers and duties." I mean, it already -- they can already do fire and rescue, or rescue, from what I understand, under 191. But if you take a look at financing, it gives them additional -- additional powers. So I just want you to be aware of that. And Commissioner Coletta said he's aware of-- COMMISSIONER COLETTA: Very much so. COMMISSIONER HENNING: -- they can increase taxes way above and beyond what they have now. COMMISSIONER COLETTA: I also realize that the residents of North Naples are going to have to approve this. MS. DONALDSON: I'm sorry. Constitutionally, the fire districts cannot increase millage unless the residents approve that. I can write whatever I want in this bill constitutionally. They cannot Page 230 January 25, 2011 increase taxes above a rate that was previously approved. The -- the language that's in the bill, that general broad language, is actually taken from existing fire districts' charters. Yes, we have the power of 40 1 if we're given COPCN and a state license by the state. Yes, we can do non-ad valorem assessments if we get it approved at referendum pursuant to Chapter 197. I mean, everything -- there are a couple new powers. The SDA is very different. We create the service delivery area specifically to make sure we had the ability to charge different millage rates if we needed to do that in order to make consolidation easier. CHAIRMAN COYLE: The pizza's getting cold, folks. Let's move this along. You've got a motion to approve already. And I'm just going -- I'm going to vote against it. MR. MITCHELL: Sir, we've got two -- we've got public speakers. CHAIRMAN COYLE: That's all right. I'm going to vote against it because I think that it is simply the wrong time to do this when we're having a meeting with the Blue Ribbon Committee to decide what kind of structure we should create for a combined public-safety division in Collier County, hopefully separate from the Board of County Commissioners. You do not know what complications are going to arise with respect to our ability to create such an organization. If you are issuing certificates, you are asking for new legislation in Tallahassee. You simply cannot navigate your way through that maze. And I will vote against it, but I'm going to call the question. But, Commissioner Fiala and Commissioner Hiller, you have both -- both had your lights, so go ahead and talk. COMMISSIONER FIALA: Yeah. Something that -- something Commissioner Henning said concerned me, and that was, if they have a COPCN, then they don't have to go to referendum or -- how did-- Page 231 January 25, 2011 what did that mean? I wanted to know, because I want to make sure that -- for instance, this COPCN that we just granted this morning, right, it's supposed to come back to us in one year and it's supposed to come back every year. If we don't have authority to do that any more, then it never has to come back again. And say, for instance, it isn't working. Then we have no authority over stopping it. MS. DONALDSON: Commissioner, we made a very concerted effort to make sure it was clear that we were not eliminating the COPCN process from the ability to provide advanced life support. And if -- in the power section of the bill, it says that we can provide emergency medical services consistent with Chapter 191 and 401. Later on under that section it says that we can provide -- it even makes it more specific. If we get a COPCN as required by 401. In Chapter 401, there is a specific requirement that the only way we can get a state license is if we get a COPCN from Collier County. COMMISSIONER FIALA: Okay. So you've got a state license now, and now you've got your COPCN and your state license. Do you have to come back to us then next year? COMMISSIONER HILLER: Yes. MS. DONALDSON: Under your county code, I cannot transfer that license to the new district, and we would have to come back to the COMMISSIONER FIALA: Every single year -- MS. DONALDSON: -- county commission. COMMISSIONER FIALA: -- you have to come back -- MS. DONALDSON: That is your county code. COMMISSIONER FIALA: -- and request that COPCN? COMMISSIONER HILLER: Yes. MS. DONALDSON: That is your county code. COMMISSIONER FIALA: I just want to hear it from her, you Page 232 January 25, 2011 know. MS. DONALDSON: Unless you change your county code. I don't want to -- I mean, if you change your county code -- I believe the state process is a two-year process, but your COPCN process is -- my understanding from the COPCN experts is it's an annual basis that we have to come back. MR. KLATZKOW: Yeah, but your special-- COMMISSIONER FIALA: That's what I'd understood going in, and that's the only reason I went along with this is because I wanted to make sure to protect EMS guys as well as fire, and I felt that this was somewhat of a -- of a compromise here. As long as we still have that right -- and if it was going to somehow be worded away. You know, a lot of words mean another thing. We all know that. And words can say many, many things, but then when they're analyzed in -- by different groups, they become something different. And so I -- that's why I wanted to ask you right on the record, out of your own mouth, if you have to come back -- if you are granted this, and you are granted your COPCN, do you still have to come back every year? MS. DONALDSON: Yes. MR. KLATZKOW: Ma'am, special act trumps your ordinance. COMMISSIONER FIALA: Okay, okay. Just to make sure. And what about the taxing authority? Do you still have to -- if all of this goes through, do you still have to go back to your residents if you want to raise the millage rate? MS. DONALDSON: Depending on the referendum question that is presented to the voters -- it depends. COMMISSIONER FIALA: Uh-huh. MS. DONALDSON: Well, no. Let me use North Naples as an example. Let's say North wanted to go into the new district; it's only North; North Naples has the ability to go in at one, or they can try to convince their residents to let them go in at 3.75 mills. Page 233 January 25, 2011 If they go in at one, the only way the residents of now this new Southwest Florida Fire Control District's millage could go up is if they vote to go over one mill. COMMISSIONER FIALA: So if taxes -- if millage rate would be raised, the people get a say in that millage rate being raised? MS. DONALDSON: That's a constitutional requirement, yes. COMMISSIONER FIALA: All right, fine. Thank you. Yes? MR.OCHS: Commissioner, if I might. I just need to ask county attorney if he would elaborate just a bit. He made a statement to you in response to your question that said, "A special act trumps a local ordinance. " MR. KLATZKOW: That's right. If Mr. Henning's interpretation of this bill is correct, then your ordinance -- your ordinance falls. The special act controls this as a state act. CHAIRMAN COYLE: You lose control. MR. KLATZKOW: You lose control. COMMISSIONER HILLER: But -- except for the fact that this legislation makes reference back to the statute that provides that the decision of the award of a COPCN has to be done by the Board of County Commissioners. COMMISSIONER HENNING: Yeah, if a local -- MR. KLATZKOW: 1-- if Commissioner Henning's analysis of this is correct and the language is susceptible to that interpretation. COMMISSIONER HENNING: Right. What it says in the definition of 40 1, "Local agency means the Board of Commissioners. " COMMISSIONER HILLER: Right. So we don't lose control because that statute reserves the control to us. COMMISSIONER HENNING: Right. I mean, it's just -- COMMISSIONER HILLER: So I don't think we'd be losing our ability to do what Commissioner Fiala is concerned about, preserving the right for us to decide about the COPCNs, like we did today. MS. DONALDSON: I mean, I can tell you, last year the Page 234 January 25, 2011 language that we had in the bill said, no, COPCN is required by the commission in order to do advanced life support non-transport. And that -- because we felt that was needed in order to avoid the process. That language is not in here. We're making it clear that we have to be consistent with Chapter 401. And the language that says that we have to be consistent -- and 191.008 specifically requires the COPCN process. It says, if you'll give me -- if you'll bear with me just for a second, it specifically states -- COMMISSIONER HENNING: Before we go too far, Commissioner Coyle, we really need an analysis of this bill. CHAIRMAN COYLE: That's right. COMMISSIONER HENNING: And I think it would be more appropriate -- and help me if it would be okay -- to continue this item until the next meeting so at least I can analyze the different aspects of it, more importantly to have our county staff analyze it and make recommendations to the board. CHAIRMAN COYLE: I'll -- I'll just give you an analogy. And I'm not suggesting it is entirely accurate. But we have an Airport Authority that we created, and they are responsible to us, and we have considerable authority over what they do. The Naples Community Airport Authority, however, was created by state statute. It substantially reduces, if not eliminates, the control that the city council has over the Naples Airport Authority. They have absolutely no control except they can appoint Airport Authority Board members. But they can't make any decisions about what the airport does. They can't restrict the airport from doing anything. They can't require that the airport abide by even the city's zoning laws. So there's -- there is real risk in doing that. But I'm not saying this is a bad bill. I'm saying, give us a little time. What is the rush here? You know, give us a little time to find out what the Blue Ribbon Committee is recommending and what Page 235 January 25, 2011 structure is likely to come from there, because the chances are -- and certainly it should be -- that we would go to the state legislature to seek an organizational structure that is agreeable to the fire districts and us, and we could create the kind of relationships we want to have. What you're doing now is just throwing all the pieces up in the air at one time and hoping they're going to fall into place. COMMISSIONER COLETTA: Okay. I withdraw my motion and make a substitute motion that we continue this until -- when can we have this information we're looking for? MR.OCHS: Well, Commissioner, I think the only question that I've heard so far that has not been totally answered is the one about -- that Commissioner Henning -- COMMISSIONER HENNING: I did answer it, and they still need to come back for a certificate. MR.OCHS: That's my understanding, yes, sir. That was put on the record several times. MS. DONALDSON: And, Commissioner, if it would help you-- because if we delay this vote, basically the bill is going to die. COMMISSIONER HENNING: No, no, no, no. We-- MS. DONALDSON: Because I can draft something that might -- if I put something in that says, as long as state statute requires a Certificate of Public Concern and Necessity from the county, one shall be required. I mean, I have no problem. I need to, of course, recognize that if there's a change in 401, that that picks up. But I have no problem -- if it addresses the concerns that we mayor not -- because our intent is not to get out of the COPCN process at all in this local bill. COMMISSIONER HENNING: And I was mistaken. CHAIRMAN COYLE: Let me paint another scenario for you. You pass this, you get this legislation in place, then somebody introduces a bill that says fire districts created under this particular resolution don't have to go to local government to get approval. Now Page 236 January 25, 2011 what are you going to do? MS. DONALDSON: We would have to go back through the local bill process. And, I mean -- CHAIRMAN COYLE: Go through what you're -- well, maybe. MS. DONALDSON: What I've spent the last two years trying to go through. CHAIRMAN COYLE: Once you create a separate organizational structure by statute, there is absolutely no way to predict how underlying state laws are going to be changed in the future that will impact the relationship between that structure and local government. There is no way you can make promises to us about it always being that way. And so it is a risk. But, hey, we've got to move on. So let's do something. Are we going to have a motion to delay it, or at least wait until after the first meeting or so of the Blue Ribbon Committee or what? COMMISSIONER COLETTA: Why can't we wait? MS. DONALDSON: The -- the deadline to file a bill in the Florida -- a local bill in the Florida House is noon on the first day of . seSSIon. COMMISSIONER COLETTA: Why can't you still file it and we follow afterwards? MS. DONALDSON: Which is more -- that is a Florida House rule. I don't get to dictate that. The Florida House of Representatives has a rule that for local bills they have to be filed by noon on the first day of session. COMMISSIONER HENNING: May I make a motion that we continue this to the next meeting? CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: And then, you know, hopefully we can digest some of this. CHAIRMAN COYLE: Okay. Page 237 January 25, 2011 COMMISSIONER HENNING: Appreciate your patience, especially on my slip-up. COMMISSIONER HILLER: Can I make -- COMMISSIONER FIALA: When is the first day of session? MS. DONALDSON: March 8th. COMMISSIONER HENNING: March 8th. MR. MITCHELL: Sir, would you like to hear from your public speaker? COMMISSIONER HILLER: Can I just make a point of clarification? CHAIRMAN COYLE: Yes, go ahead. COMMISSIONER HILLER: Commissioner Coyle analogized the Collier County Airport Authority and the City of Naples Airport Authority. The fact is, Collier County does not have an Airport Authority. It's a misnomer. We really have an airport division or an aviation division. And the reason I bring that up is because his concern about control and, you know, losing control-- we don't have control right now. The Board of County Commissioners does not have jurisdiction over the independent fire districts. They were all created by special act. And we have no jurisdiction right now over those districts. So it's not a comparable -- I mean, the analogy of the airports is not applicable to this situation. We have no more control today than we would if this enabling legislation would be put forth. What I see in this enabling legislation is that if through the new commission, public-safety commission or whatever it is that's created, if the determination is made that merger or consolidation is the way to go, we now have legislation that would facilitate, that would allow, the consolidation that Commissioner Henning and other members of our community feel is in the best interest of the community; otherwise, we're going to wait I don't know how many years till we get this consolidation accomplished. Page 238 January 25, 2011 And this bill in no way precludes any structure recommended by . . any commISSIon. MS. DONALDSON: And, Commissioner, can I just say two things. One, the local bill process is very tricky. If you miss one deadline, you're a year behind. So if we miss the -- you know, if I didn't have the bill filed in October -- or I guess the -- November 6th, we would have been a year behind. And that's just different rules. The issue about not having the control-- well, right now the legislature could change the laws that relates to COPCN, and none of the fire districts in Collier County could get a COPCN. COMMISSIONER HILLER: Correct. MS. DONALDSON: I mean, that analogy of, well, we'll create this new thing and then they have -- that could happen today. COMMISSIONER HILLER: And I meant to add that actually. I meant to state that as well. So these arguments are -- MS. DONALDSON: But I'm more than willing to come back. My only concern is that the longer we delay this, the more likely that this bill will not get filed on the 1 st. I mean, there are other deadlines that have to be met. And I'd just say that we've tried to address -- every issue that your County Attorney's Office, that your staff has raised we have attempted to address. This language is very similar minus all the controversial -- the poison pills being taken out. I mean, we tried to do everything we can in order to have a document in place that we can timely get filed so that we can move through the process this year. And I'm just concerned that if we miss it, you'll see -- well, I don't know if you'll see me next year or not -- but I could be back next year again, and what would happen is we'd have no potential consolidations. Because if we had two districts we wanted to consolidate today, the earliest they could consolidate today would be sometime next summer or next fall without this legislation. CHAIRMAN COYLE: Commissioner Henning, did you -- is Page 239 January 25, 2011 your motion still valid? COMMISSIONER HENNING: If I get a second. The motion is to continue it to next meeting. You could eat your pizza. CHAIRMAN COYLE: Yes, I will second your motion in that case. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: All right. All in favor, please signify by . saYIng aye. MR. MITCHELL: Sir, what about -- COMMISSIONER COLETTA: We haven't heard the speakers. MR. MITCHELL: -- the public speakers, please. COMMISSIONER HENNING: We're not going to take any action except for continuing it to the next meeting. COMMISSIONER COLETTA: Are we still obligated to hear the speakers? CHAIRMAN COYLE: Sure, next time, when we get ready to take action. We're not taking action. All in favor, please signify by saying aye. Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It passes 3-2 with Commissioner Fiala and Commissioner Hiller dissenting. Okay. The pizza is in the back. Let's take 20 minutes to grab a bite to eat, and then we'll come back. (A brief recess was had.) MR.OCHS: Commissioners, you have a live mike. CHAIRMAN COYLE: Okay. Where do we go now? MR.OCHS: Well, do you want to go back to where we left off? Page 240 January 25, 2011 We go back up to Item 9 A, sir. CHAIRMAN COYLE: 9A? MR.OCHS: Well-- COMMISSIONER COLETTA: Good grief. MR. OCHS: -- unless you want to -- again, unless you want to try to deal with issues that are represented by folks that are still in the audience. CHAIRMAN COYLE: No. MR. OCHS: It's the Chair's prerogative. CHAIRMAN COYLE: No, no. MR.OCHS: Okay. CHAIRMAN COYLE: They're mostly county employees and regular hangers-on. So youjust have to gut this out with the rest of us. MR. OCHS: There you go. MR. DeLONY: You didn't share your pizza. CHAIRMAN COYLE: I'm sorry? MR. DeLONY: You didn't share your pizza. CHAIRMAN COYLE: That's right. You noticed, did you? There's still some back there, but we're going to save it for ourselves. MR. DeLONY: That's the friendship thing I'm looking for. CHAIRMAN COYLE: That's right, that's right. Item #9A 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 - MOTION TO APPROVE - NOT CONSIDERED DUE TO LACK OF A SECOND Page 241 January 25, 2011 MR.OCHS: Item 9A, 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. This item was placed on the agenda by Commissioner Hiller. COMMISSIONER HILLER: I'd like to make a motion to approve. CHAIRMAN COYLE: Okay. Motion for approval, not -- no second? (No response.) CHAIRMAN COYLE: Motion dies for lack of a second. Okay. COMMISSIONER COLETTA: Discussion? COMMISSIONER HILLER: I'd like to discuss. CHAIRMAN COYLE: It's too late now. Motion died. But why don't you have a discussion, if you'd like to have a discussion. Go ahead and discuss. COMMISSIONER COLETTA: Well, what exactly are you looking for, please? COMMISSIONER HILLER: Okay. First of all, the Collier County Airport Authority is not an authority in the sense of the word that it's being used, for example, in the City of Naples. Because of the restructuring, it's actually an aviation division under the Board of County Commissioners. As such, the entire -- its ministrative (sic) code needs to be reviewed and reconstructed in light of the new definition of the -- this aviation division. One of the requirements -- and this is a matter of law -- we don't have a choice about it -- is that the Board of County Commissioners cannot delegate discretionary spending authority -- quite frankly, it can't delegate any of its discretionary authority to staff or to anybody else. Page 242 January 25, 2011 And right now, the way the code is written -- and County Attorney Klatzkow and I have reviewed it, and we sat down with the airport director, Mr. Curry -- the law is very clear. The -- what the code currently allows goes contrary to what we can do legally. So it's a legally non-compliant provision, and we are merely stating what the law is and correcting a code that doesn't apply to our current circumstances. Would you like to weigh in, Mr. Klatzkow? MR. KLATZKOW: I mean, I'm not sure -- I mean, the motion failed. I mean, I'm not sure where we're going with this. COMMISSIONER COLETTA: Okay. I withdraw the question. COMMISSIONER HILLER: But we right now have an illegal provision in the code. We cannot do what the code allows. Mr. Curry cannot set rates. Mr. Curry cannot approve lease agreements. So why are we not rewriting this provision to conform with the law? If he goes ahead and does what the current code allows, it would be an illegal act. CHAIRMAN COYLE: Ms. Hiller, almost everything he does is ratified by this board, just as we recently approved the schedule of charges that he recommended to us. We also approve contracts. There are many circumstances where we delegate certain responsibilities, but they're finally ratified by us. And, quite frankly, I would like to see the county attorney start providing us legal advise rather than you. COMMISSIONER HILLER: He did. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: He provided it. CHAIRMAN COYLE: To whom? COMMISSIONER HILLER: To me, and I brought it forward. CHAIRMAN COYLE: Okay. But he doesn't work for you, Commissioner Hiller. He works for this board. And if there are going to be recommendations relating to the authority of the board to do Page 243 January 25, 2011 something, I'd like to hear them come from the county attorney. I do not have much confidence in your legal advice, quite frankly, okay. Jeff, would it be appropriate to ask you to review the administrative code policy with respect to the Airport Authority and advise us about what changes we might wish to take? MR. KLATZKOW: I can do that, and your code needs substantial rewriting. CHAIRMAN COYLE: That's okay. MR. KLATZKOW: Okay. Not only on this issue -- because there is an issue here -- but on a lot of different issues. And, you know, if you direct Mr. Curry to work with me, I'm sure we can go through the administrative code and get it up to date. CHAIRMAN COYLE: Mr. Curry, do you have any problem working with the county attorney to work this out? MR. CURRY: Not at all. I work with everyone. CHAIRMAN COYLE: Okay, good. COMMISSIONER HILLER: So if I understand correctly, Commissioner Coyle, what you are saying is Mr. Curry can change rates, modify rates, draft contracts, and get them approved and then come back to the Board of County Commissioners for subsequent ratification of an act already engaged in? CHAIRMAN COYLE: We can -- yes, we can delegate certain responsibilities. We can approve a contract format and have Mr. Curry have people sign it and then bring it back for our ratification. COMMISSIONER HILLER: And that's exactly what this motion provides. CHAIRMAN COYLE: Okay. Well, we're going to do it through the county attorney, if you don't mind. COMMISSIONER HILLER: He actually did this. He drafted the executive summary, he reviewed the law, he made the recommendation, and asked me to carry it forward. COMMISSIONER FIALA: You asked her to carry it forward? Page 244 January 25, 2011 You didn't tell us about it at all? MR. KLATZKOW: No, that's not what happened, Commissioner. I mean, you brought the issue up, and I worked with you based on that. That's what happened. COMMISSIONER HILLER: Say that again. MR. KLATZKOW: You brought -- you raised the issue, I worked with you, we spoke with Mr. Curry. At the end of the day, my understanding is that this board has directed me to work with Mr. Curry to come back with a proposed revised airport administrative code. We will do that. We are also going to come back with some procedures for Mr. Curry, such as standard form contracts that he could enter into, that will be board approved, and the board will set the fees for it. CHAIRMAN COYLE: Okay. MR. KLATZKOW: And Mr. Curry and I will sit down and, you know, work through those. COMMISSIONER HILLER: Mr. Klatzkow, would you change anything that is in this motion today or in the executive summary that you prepared for purposes of this motion? MR. KLATZKOW: No. COMMISSIONER HILLER: So it's going to come back exactly as it is for board approval? MR. KLATZKOW: It's going to come back substantially more than that, because the administrative code -- COMMISSIONER HILLER: Right. MR. KLA TZKOW: -- is many years out of date. COMMISSIONER HILLER: But nothing in what is being presented today is going to come back in any different form? MR. KLATZKOW: Correct. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay. So you understand what we're going to do, right? Page 245 January 25, 2011 MR. CURRY: Yes, I do. CHAIRMAN COYLE: Okay, good. Thank you very much. COMMISSIONER FIALA: You know what, I'd really appreciate, if you have concerns with these things, rather than just go to one commissioner-- MR. KLATZKOW: I -- that's -- ma'am, that's not what happened. COMMISSIONER FIALA: -- it'd be nice if you communicated with all of us. MR. KLATZKOW: That's not what happened, ma'am. COMMISSIONER FIALA: Oh. Because I would love to know if you have concerns with something. MR. KLA TZKOW: Ma'am, when I have concerns, I raise it to the board during communications. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Okay. All right. Item #9B COUNTY ATTORNEY TO WORK WITH STAFF TO PREPARE A POLICY PROHIBITING THE DONATION OF MONEY OR TANGIBLE PROPERTY BY VENDORS UNDER CONTRACT WITH THE COUNTY TO CHARITABLE ORGANIZATIONS CLOSELY AFFILIATED WITH COLLIER COUNTY PUBLIC OFFICIALS - MOTION TO DENY - APPROVED; STAFF DIRECTED TO STUDY DONATIONS IN THE FUTURE AND MAKE NOTICE OF ANY THAT ARE GIVEN AND COUNTY ATTORNEY TO ADVISE ALL COMMISSIONERS MR. OCHS: 9B. CHAIRMAN COYLE: All right, 9B. MR.OCHS: Recommendation to direct the Office of the County Page 246 January 25, 2011 Attorney to work with staff to prepare a policy prohibiting the donation of money or tangible property by vendors under contract with the county to charitable organizations closely affiliated with Collier County Public Officials. Commissioner Hiller added this item. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Essentially, what happened was, I learned at one of our last meetings that one of our major vendors, Paradise, a vendor who basically received $4 million in business from us last year, gave a donation back to the county to the tune of$50,000 to Freedom Memorial, which is a project that is being managed by Commissioner Coyle. I also found out that subsequently, through a little more research -- excuse me -- that the -- there was actually another donation made by Paradise, $50,000 to Collier Museum. And I guess I -- it created some concern for me, and the concern was that we had a major vendor who was taking monies that we had just given to them in payment and cutting two checks that was coming -- basically redirecting county funds and earmarking those funds for pet projects of two commissioners. In fact, in a memo sent to me from -- I think it was Mr. Parnell, if I'm not mistaken, what was explained is that -- let me just pull this out and read it. Essentially that Paradise had, you know, earned their commissions and then was paid. And then the next sentence is, 100,000 of those commissions were returned to Collier County in the form of donations to the Marco Island Museum, 50,000 for displays, and to the Freedom Memorial for future construction costs. Now, what I was concerned about was a conflict in appearance. I don't know if there was a conflict in fact, but there certainly appeared to be a conflict in appearance. And I consulted the county attorney on this, and I wanted to propose some sort of an ordinance and present it Page 247 January 25, 2011 here for discussion today. I wanted to limit it to donations by vendors back to the county that favored particular commissioners' projects or that earmark monies that we paid them back to the county for a particular reason, because it circumvents the voting process where we vote on how county monies should be expended for a public purpose. And the county attorney actually recommended that I expand the scope of that proposed ordinance to all county employees, and all -- you know, any nature of donation to any nonprofit. I was a little concerned about that, and I think that scope is overly broad. And I expressed my concerns in that regard. So basically what I would like to do is open it up for discussion and see to what extent some sort of ethics ordinance could be established in order to prevent vendors from attempting to influence the vote of commissioners by giving back donations earmarked for particular projects. So I open it up for discussion. CHAIRMAN COYLE: Okay. And I may as well go first. I noted that Commissioner Hiller included in this item a grand jury report which was just recently issued which is designed to provide guidance to the legislature about potential updates to the state's ethics code. It has not been reviewed by the legislature. It's just been issued within the last 30 days. And it's interesting because the report does not recommend the actions suggested by Commissioner Hiller. In fact, the grand jury says that it is, in fact, common and has been upheld in litigation for contractors for local governments to make contributions to nonprofit organizations with whom certain public officials might be related. The report goes on to state on Page 78, while we want charitable contributions, we don't want them to be made for dirty purposes. And what does the grand-jury report say should be done? It does not suggest the practice should be prohibited, as Commissioner Hiller suggests. It merely proposes that public officials should be careful to Page 248 January 25, 2011 disclose any situation whereby they are voting on a contract and then receiving a contribution to a charity they are associated with. Now, with very little research, Commissioner Hiller would have found out that Collier County Commissioners have already established procedures to guard against that probability. But let's also take a look at what we have done to assure disclosure and public notification. There is a resolution passed in 2005, and I'll that. "Whereas, the Board of County Commissioners of Collier County approve the design and construction of a federal memorial to honor America's servicemen and also those law enforcement officers, firefighters, emergency medical personnel, and civilians who perished during the September 11, 2001, attacks on the World Trade Center, the Pentagon, United Airlines Flights 175 and 93, and American Airlines Flight No. 7711, and to acknowledge the survivors of those horrific terrorist attacks and to pay homage to all Americans who have sacrificed the defense of our nation -- who have sacrificed for the defense of our nation for peace and freedom. "Now, therefore, be it resolved by the Board of County Commissioners of Collier County, Florida, that the board hereby declares there is a public purpose both as to the solicitation of donations from the citizens of Collier County for the construction of the Freedom Memorial and the receipts of such donations." There was also an -- a Collier County attorney decision concerning that. So it's very clear that this was done publicly and that the Board of County Commissioners authorized this process. The contribution of Paradise Advertising to the Freedom Memorial and the proposed contribution to the Marco Island Museum have been publicly announced at advertised hearings. My relationship with the Freedom Memorial has been widely reported; it is well known to the public. So full disclosure has been made as suggested by the grand-jury report. Page 249 January 25, 2011 Collier County ordinances and procedures are already in place to prohibit inappropriate involvement of commissioners or other public officials in contract awards and, specifically, the award of the contract to Paradise Advertising. And those procedures are, number one, the county manager ordinance prohibits any commissioner from instructing a county employer to take any specific actions including awarding contracts to a favored company. Commissioners are specifically excluded from the contract-award process. And Paragraph 14 of the procurement policy clearly prohibits those kinds of interactions between companies who are bidding on contracts and commissioners. They -- as a matter of fact, companies are specifically forbidden and they are warned in writing -- they're specifically forbidden to contact County Commissioners with respect to a contract award. So this process has been followed very carefully. It has been properly advertised and communicated to the public. And I will read to you what it says about contacting County Commissioners. "All firms are hereby placed on notice that the Board of County Commissioners does not wish to be lobbied, either individually or collectively, about a project for which a firm has submitted a proposal. "Firms and their agents are not to contact members of County Commission for purposes such as meeting or introduction, luncheons, dinners, et cetera. During the process from proposal closing to final board approval, no firm or their agent shall contact any other employee of Collier County in reference to this proposal, with the exception of the purchasing director of his -- or his designee. "Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm." The suggestion by Commissioner Hiller that there might be something dirty about the contribution of Paradise Advertising should outrage all of those who have been involved in supporting the Page 250 January 25, 2011 Freedom Memorial and the Marco Island Historical Society and Museum. We should thank Paradise Advertising for their patriotic gesture and their commitment to our community. COMMISSIONER HILLER: If I may say -- CHAIRMAN COYLE: I'm not finished yet. Just a moment. COMMISSIONER HILLER: Okay. CHAIRMAN COYLE: Last week, or the last meeting, Commissioner Hiller tried to target another of her political opponents, a lady who ran against her in the last election, and has launched a personal investigation into her background in an attempt to keep her off the Productivity Committee. This meeting she has decided that she will attack me. I would suggest that Commissioner Hiller would be well served to forget about her personal vendettas and spend more time understanding Collier County Government and doing the business of the people. And there are three commissioners, and including Ms. Hiller, who want to talk, and Mr. Henning was first. Commissioner Henning? COMMISSIONER HENNING: Yeah. Well, you know, it's a-- Commissioner Coy Ie, I don't take it as harsh as you do, and I apologize that you were offended. It's all about public perception. And I enjoy the work that Paradise does. I think it's an example, what Commissioner Hiller's bringing forward, not the company. Just not too long ago we had a staff member who was on a not- for-profit organization, and that not- for-profit organization received grants from that -- from that agency, the county agency. And we said -- and we did changes in our ethics ordinance to prohibit staff members who award grants from working on that -- on that not- for-profit organization so there won't be that perception of conflict. I believe the county manager agreed with the Board of Page 251 January 25, 2011 Commissioners that -- you know, that -- you know, nothing wrong, but public perception in these issues is very important. After all, isn't it about the public? And about the applicant for the Productivity Committee, I also inquired, because it was widely spread of this applicant not having the degree that was perceived. So it wasn't Commissioner Hiller's personal vendetta against that person that ran against her. It was, again, public perception, public concern. So do we really care about the public and should we try to separate those perception issues? And, again, I must say that Paradise is a very good company. They are a part of this community. And I -- I'm glad they opened an office in this community, and I think they've done the TDC very well. I think that -- personally think that we should do something to remove that public perception conflict of interest. And, again, I apologize that you were offended by -- I didn't perceive it as a personal attack on your work on what you have done to the Freedom Memorial. I've seen plenty of people come into your office where you're soliciting monies for that. And that memorial will be carried on forever, and you should be commended for that. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Well, that's the strangest compliment I've ever heard given to you. But I guess you got to take everything in context. I found this very disconcerting, the way this whole thing come down, in the fact we have had ordinances and regulations to be able to get to where we need to be. But whenever there's a question of a person misbehaving or acting illegally in any way, it is the duty of every one of us there to investigate it. We're going to do that right now. Steve Carnell, there, would you please come up. Are you the one Page 252 January 25, 2011 that handles the bids and -- the bidding procedures and how they take place? MR. CARNELL: Yes, sir. COMMISSIONER COLETTA: Okay. Are you familiar with Paradise Advertising and the contract that was eventually awarded to them? MR. CARNELL: Yes, sir. COMMISSIONER COLETTA: Did, at any point in that process, being appointing who it would be from staff working on there or communications taking place or Commissioner Coyle to you or any other members of staff -- to try to influence the outcome of that particular contract? Was that -- did it ever take place where Commissioner Coyle played a role trying to influence the outcome? MR. CARNELL: Not that I'm aware of, sir. COMMISSIONER COLETTA: And you can state that under oath? MR. CARNELL: Yes, sir. COMMISSIONER COLETTA: Did anybody take the time to come to you and ask you those questions? MR. CARNELL: No, sir. I haven't been -- I haven't discussed this with anybody. COMMISSIONER COLETTA: Okay. You know, we're chasing smoke across the meadow. No offense. I assure you that somewheres along the line you're going to hit on something that's really worthwhile, but this isn't it. You pick out a report that's nothing more than suggestive for the state legislative body to help give them some guidance. It's written by -- it was -- this particular grand jury was put together by a man who was in serious political trouble, Charlie Crist, towards the end of his career, trying to gain some sort of public favor. They wrote a report; they sent it forward. It's a very long report, Page 253 January 25, 2011 but I'll tell you something, whenever I receive something like this, I read the whole dam thing. I wasted, I don't know, two hours going through this thing before I got to Page 77 and 78. Please, the next time you move something like this forward, please reference where we should look in these reports, also reference the fact that the report was nothing more than suggestive. It was not a grand-jury action against the Collier County Commission. It was purely for the state legislative body to be able to act on, and I'm sure they'll act on this in some fashion, but also the parts of the report that were in there related to what you're talking about were really noncommittal in the way they came across. So, you know, I don't want to chastise you for this, and I -- because you really got to just look forward to it a little bit farther the next time, and I'm sure that somewheres along the line there's going to be something that's really serious and we're all going to be able to get excited about it and go forward. And I -- and forgive me for saying this, but you really do owe Commissioner Coy Ie an apology. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I was also surprised that Jeff asked to expand this to all of the -- all of the advisory boards and everything else. I didn't realize that. But anyway, I thought -- some of the concerns I had, you know, a lot of these things are like, you wouldn't even know that they're donations. For instance, we have cleanups in some of the neighborhoods in my community, like Naples Manor, for instance, and Waste Management comes in and they bring their dumpsters, and then everybody just loads up these dumpsters. And we all know that they're doing it, and we're thankful that they do do it. Would that be considered trying to get my vote to have -- it comes into other people's neighborhoods as well, but still, you know, that could be considered something. Page 254 January 25, 2011 And then I thought -- and now I -- Home Depot -- actually it wasn't Home Depot. It was -- Terri DiSciullo from Marco Island contacted me. She was rather appalled at what little provisions there are in Eagle Lakes Community Park. There isn't -- no shelters. There weren't even benches for people to watch their children play. And so she contacted Home Depot and had them meet with me over there to see if -- because they have -- they have a provision whereby they'll buy benches and buy shelters and send their own people in to do the work. All you have to do is get approval from the county. And she set that thing up. Would they be trying to buy my vote also? I mean, I don't even know the guy's name from Home Depot. But things go like this. Also, I work -- how many Kiwanis Clubs and so forth, we're always out fundraising, and I bet lots of people in a lot of my clubs are people who, in one way or another, deal with Collier County Government. Well, we're all raising money to -- for children's organizations, but still, this goes far and wide. So I thought, my goodness, we -- you know, with 300 or so advisory board members, they probably all do things like donate to Habitat for Humanity or Shelter for Abused Women. The list is endless, and innocent. So I just -- I just don't agree with this at all. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: First of all, the contract for Paradise is up for approval today. It has not yet been approved. The two checks presented by Paradise were made out to Collier County and the Collier County Museums, not to private nonprofits. And, in fact, the reason I wanted to bring this forward was for that reason. It was Mr. Klatzkow who recommended that it be expanded to the charities beyond Collier County. In fact, Paradise's contract -- and, incidentally, Commissioner Coyle, the recommendation -- and that's why I brought this up for Page 255 January 25, 2011 discussion -- in that report to have disclosure of donations to outside nonprofits is something that I also talked about with the county attorney, because I did see the issue with imposing such a limitation with respect to outside 501 (c)3 'so The problem here, ladies and gentlemen, is that in the opinion that Commissioner Coyle cited, the reason why it was deemed okay to make donations to Freedom Memorial was because it was expected that there was going to be an outside 501(c)3. That wasn't done. The 501(c)3 created -- in fact, County Ethics Ordinance Section 61 specifically -- and incidentally, this section is provided in Paradise's contract -- was deemed not to apply for one reason alone, and that is that the donations being made were going to be solicited by an independent group, and the money would go into a tax-deductible account for the public purpose of constructing the Freedom Memorial; in other words, that the county employees and public officers would not be receiving the donation. We did accept that donation. We accepted two donations. And, essentially, what happened was, those commissions that we had just paid came back to us earmarked for specific county projects. Now, if Paradise would like to give us a discount off their contract, that's one thing. But to come back and earmark money that we just gave them, bypassing the vote of the County Commission as to how that money would be directed, being one issue, and, secondly, being a vendor coming before us today for approval of another $4 million creates a different level of concern. And I, by no means, suggest that it was their intent to do that. And I just want to cite another -- a few other examples. Kraft Construction gave 5,000; they're major vendors. The North Naples Firefighters gave 5,000. Now, I agree that we should have disclosure like the report recommended for donations made to outside charities, but I think that it would be in the best interest of the Board of County Commissioners Page 256 January 25, 2011 to allow the county attorney to come up with some sort of ethics ordinance with respect to donations made by maj or vendors back to the Board of County Commissioners earmarking funds that we have paid them or that they're giving us, to avoid the appearance of a conflict when we vote. COMMISSIONER FIALA: Commissioner Coyle, let me just say that here we are going to be voting on this contract. Do you know, until it was brought up by Commissioner Hiller, I never knew that they donated anything to anything. I mean, you know, that never affects my vote. Nobody said, do you know that they're voting for -- that they're donating to something, so you need to vote? I mean, that was never even presented to me until this thing got on our agenda. I think possibly there are some people that think there's always, you know, underground stuff going on, but, you know, that's not the case. CHAIRMAN COYLE: Well, you know, they think there's something going on sometimes because there are some people who try to manufacture their own facts. And Commissioner Hiller's description of this is one of the most tortured sequences of logic that I think I have ever heard. We pay Paradise Advertising for services. If Paradise Advertising wants to donate that money to anybody, it is none of our business. COMMISSIONER HILLER: But they're donating it to us. CHAIRMAN COYLE: That's even better, as a matter of fact. Anybody who donates money back to the county for a public purpose that has been ruled by the Board of County Commissioners to be a public purpose is a wonderful thing. And I think to try to stop that -- and I believe the county manager will tell you -- can probably give you a half a dozen different reasons why he wouldn't like to see that happen; is that true? MR.OCHS: Well, Commissioner, one example that comes to Page 257 January 25, 2011 mind is, if I understand the intent here, United Way is an organization that we, as the county, have been affiliated with for many years. So if we had a vendor that we did business with that then made a -- you know, a contribution to the United Way, would our employees or public officials be considered to be affiliated, you know, with that charity, and then would that donation be problematic? I'm just trying to think through -- and advisory board members, how would we police, for example -- COMMISSIONER HILLER: I'm not really concerned about that, and that's what I said. And just like this report addresses those outside nonprofits and says -- MR.OCHS: Okay. COMMISSIONER HILLER: -- disclosure is -- you know, if there's something material is the only issue. If I may state, Commissioner Fiala and Commissioner Coyle, with respect to the donation of the 50,000, on January 26, 2010, Commissioner Coy Ie addressed that Mr. Hames said he would be willing to donate 50,000 in cash to the Marco Island Museum and would be willing to donate another 50,000 in advertising services and consulting fees, et cetera. And then Commissioner Fiala went on to say, now we've got 50,000 from Cedar Hames, and this was, you know, after discussion about how this would be donated through the county to the historical museum and I guess some discussion about giving him some plaque in recognition of his company. So in fact -- COMMISSIONER FIALA: I did know, and I didn't even -- COMMISSIONER HILLER: Just so you remember. COMMISSIONER FIALA: Of course, that was a year ago. COMMISSIONER HILLER: Right, right. But the point being is that -- and I actually, just reading this, didn't even pick up that it was even an additional 50,000 in voluntary service. But, you know, it's up Page 258 January 25, 2011 to this board. If the board thinks that there's no problem with vendors making donations back to the Board of County Commissioners and, you know, those vendors then coming up for a vote, it's up to the board. CHAIRMAN COYLE: I will be happy to vote on the Paradise contract today, as a matter of fact, if we haven't already done so. But I think that the point is clear. I think Commissioner Hiller has established a pattern of trying to attack her perceived political enemies in any way she can, whether it's through outright fabrications or innuendo. COMMISSIONER HILLER: Absolutely-- CHAIRMAN COYLE: So-- COMMISSIONER HILLER: I'm going to ask you to retract that, Commissioner Coyle, because your remarks are defamatory, they're out of line, and you need to stop. CHAIRMAN COYLE: Thank you very much. I appreciate -- COMMISSIONER HILLER: And, in fact, I think you owe me an apology for your constantly rude remarks with respect to me. CHAIRMAN COYLE: You deserve them, I can tell you that. COMMISSIONER HILLER: I do not. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: And I would ask you to retract them. CHAIRMAN COYLE: You can forget it, so -- COMMISSIONER FIALA: So now on this one, do we need to vote on this, or do we just let it slide? How do we move on with that? COMMISSIONER COLETTA: Somebody would have to make a motion. CHAIRMAN COYLE: That's right. Somebody can make a motion. COMMISSIONER FIALA: Okay. I make a motion to deny it this time and to study it a little bit further to see if there's anything that Page 259 January 25, 2011 we can do that can make sure that maybe, for instance, if we know of some donation coming to the county and it's a great thing, somebody's going to donate a playground to Eagle Lakes Community Park and they happen to be a vendor, we can announce it beforehand or something. CHAIRMAN COYLE: Yep. We have the procedures in place to make sure that we protect against any kind of conduct of that nature. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: And the slightest bit of investigation would have revealed that from the very beginning, but there was no attempt to determine the facts in this case. So go ahead. COMMISSIONER FIALA: It was just a simple motion just -- you know, if there's -- if we want to -- COMMISSIONER HILLER: I'll second your motion. COMMISSIONER FIALA: -- just do something to make sure that there's some -- even though the rules are in place, maybe the county attorney, who seems to be advising on this anyway, could talk with us and make sure that everybody's plate is clean. That would be a good idea. CHAIRMAN COYLE: And if I could suggest that the county attorney start advising all of us. COMMISSIONER FIALA: Please. CHAIRMAN COYLE: You don't work for one commissioner. You work for the board. And if you have anything that you think you need to bring to the board, you should inform all of us. Okay. Is there agreement? COMMISSIONER COLETTA: I agree. CHAIRMAN COYLE: Okay. We've got three nods here. Okay. Okay. Let's go to the next item. COMMISSIONER FIALA: Motion is on the floor and second. CHAIRMAN COYLE: Oh, I'm sorry. Motion is on the floor. MR.OCHS: Yes, sir. Page 260 January 25, 2011 CHAIRMAN COYLE: With a second. 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: Motion passes 4-1 with Commissioner Henning dissenting. Item #9C APPOINTMENT OF COMMISSIONERS TO SELECTED ADVISORY BOARDS AND/OR COMMITTEES - APPOINTING COMMISSIONER HILLER AS THE TDC CHAIRMAN FOR THE REMAINDER OF THE YEAR - APPROVED; APPOINTING COMMISSIONER FIALA AS A BCC REPRESENTATIVE ON THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL - APPROVED MR. OCHS: Commissioners, 9C is a discussion concerning appointment of commissioners to the selected advisory boards and/or committees. Commissioner Coy Ie placed this item on the agenda. CHAIRMAN COYLE: Okay. There are two things I want to discuss. The TDC has their meeting on the Monday before the board meeting; in other words, they had it yesterday. That creates -- and I'm the Chair of the TDC, and that creates a difficult problem for me. I've tried to get it changed through the TDC, but the TDC insists that that is the best time for them. It is not a good time for me. So what I would like to ask the board to do is to make an Page 261 January 25, 2011 exception for the remainder of this year, and rather than have me serve as chairman of the TDC, that we appoint Commissioner Hiller as the chairman of the TDC-- COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: -- for the remainder of this year. COMMISSIONER COLETTA: I second that. CHAIRMAN COYLE: Okay. Now -- and then I have one other recommendation, but let's get this one done now. All in favor -- or is there any discussion? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I don't see any backup material. I go from B to D. Was there any backup material submitted? CHAIRMAN COYLE: No, no, no. It was a discussion concerning appointment of commissioners to the selected advisory boards and committees, and I announced it at my -- the previous meeting, and -- COMMISSIONER HENNING: I thought it was general, not specific to one. CHAIRMAN COYLE: Well, no. COMMISSIONER HENNING: That's fine. I'm fine now. CHAIRMAN COYLE: All right. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) Page 262 January 25, 2011 CHAIRMAN COYLE: Okay. Now, the other thing is that we have an opening on the Southwest Florida Regional Planning Council, and I would like to recommended Commissioner Fiala to fill that vacancy. COMMISSIONER FIALA: Thank you. Let me ask Commissioner Coletta. Did you still want to continue on on that? COMMISSIONER COLETTA: No, there's two people. CHAIRMAN COYLE: No, we have two -- we have two people. COMMISSIONER FIALA: Oh, there's two people, okay, fine. COMMISSIONER COLETTA: So I second that. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Okay. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. That's all I have to say about any of that. County Manager, you want to go - Item #9D RESOLUTION 2011-19: APPOINTMENT OF MEMBER TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD - APPOINTING ANTHONY MARINO - ADOPTED COMMISSIONER HENNING: Appointment of members to Code Enforcement Board, I make a motion we appoint Anthony Page 263 January 25, 2011 Marino. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Yeah, a motion by Commissioner Henning, second by Commissioner Fiala. Any 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. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Item #9E RESOLUTION 2011-20: APPOINTMENT OF MEMBERS TO THE LIBRARY ADVISORY BOARD - RE-APPOINTING LORETTA MURRAY AND CONSTANCE L. BETTINGER-HENNINK - ADOPTED COMMISSIONER HENNING: Appointment of members to the Library Advisory Board, the wonderful and beautiful Loretta Murray. CHAIRMAN COYLE: Murray. COMMISSIONER HENNING: And Connie Bettinger Hennink. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: Hennink. CHAIRMAN COYLE: Okay. Motion to appoint-- COMMISSIONER HENNING: The wonderful, beautiful -- CHAIRMAN COYLE: -- Murray and Hennink. No, I'm not going to go through the adjectives, but -- I can't remember them all. Page 264 January 25, 2011 But nevertheless, motion is made by Commissioner Henning, seconded by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. Item #9F RESOLUTION 2011-21: APPOINTMENT OF ALTERNATE MEMBER TO THE HORIZON STUDY OVERSIGHT COMMITTEE - APPOINTING GEORGE H. ECKHARDT - ADOPTED COMMISSIONER HENNING: Appointment of member to the Horizon Oversight Committee. I make a recommendation to appoint George Eckhardt. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Appointment of the members to serve the expired term on the Ochopee -- COMMISSIONER FIALA: We have to vote on the other one. CHAIRMAN COYLE: Wait a minute. Let me vote on this one first. Motion by Commissioner Henning, second by Commissioner Fiala, to appoint George Eckhardt. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. Page 265 January 25, 2011 CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #9G RESOLUTION 2011-22: RE-APPOINTING RONALD GILMER GILBERT TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE - ADOPTED COMMISSIONER COLETTA: Okay. On the appointment of members on the Ochopee Fire Control District Advisory board (sic), I would like to see this come back to us, and I'll tell you why. They're having a problem finding people to fulfill these particular positions. They have one for Everglades City, one for Plantation Island, one for Chokoloskee, one for Lee Cypress, and one for Ochopee. It's not working. We need to be able to change the ordinance so it just says five people, and wherever they can get them, they can get them. Because right now they've been running with -- can someone help me on this? Dan Summers? MR. MITCHELL: Sir, the person that's recommended, it's a reappointment. Mr. Gilbert doesn't live in the district that he is -- that he's being nominated for. And the last time he was nominated, the board did give permission for him to serve in that position. And he's attended every meeting, and he's been a valuable member. What the county attorney and I would like to propose is that at the next meeting we would -- we would bring back to you a change to the ordinance that would -- that would change the requirement that currently it's -- they've got to be members of either Everglades City, Plantation Island, Chokoloskee, Lee Cypress, or Ochopee. And I've spoken to the fire chief, and he supports that we would Page 266 January 25, 2011 make it a much more sort of general committee from the district. COMMISSIONER COLETTA: And that's my motion. CHAIRMAN COYLE: Okay. What about the issue at hand? COMMISSIONER COLETTA: Well, you know, if we -- ifour ordinance is specific to the fact where they have to come from, and the reverend does not qualify, then we'll have to change the ordinance at the next meeting. Am I correct? MR. OCHS: You could grant an exception. MR. MITCHELL: Sir, you granted an exception last time. MR. KLATZKOW: You can waive it again. The only issue is, rather than waiving it every time somebody's here -- COMMISSIONER COLETTA: Well, in that case, I also make my motion to also include the fact that we reappoint Reverend Gilbert. COMMISSIONER FIALA: Second. He's a minister, huh? COMMISSIONER COLETTA: He is. Works full time, but he's also a minister of the Copeland Baptist Church, and he's done a wonderful job of that. COMMISSIONER FIALA: Oh, so he's active in that area. Oh, okay. Good. CHAIRMAN COYLE: Okay? Motion by Commissioner Coletta, second by Commissioner Fiala. 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 #10A Page 267 January 25, 2011 OBTAIN BOARD DIRECTION REGARDING THE INITIATION OF THE GOLDEN GATE AREA MASTER PLAN (GGAMP) RESTUDY PROCESS AND THE FUNDING REQUIRED FOR THE PROJECT INCLUDING ANY NECESSARY BUDGET AMENDMENT - MOTION TO HALT GOING FORWARD AT THIS TIME AND BRING BACK WHEN NEEDED - APPROVED MR.OCHS: Commissioners, Item lOA is a recommendation to obtain board direction regarding the initiation of the Golden Gate Area Master Plan restudy process -- COMMISSIONER FIALA: What about 9H? Didn't Commissioner Coletta have a 9H? COMMISSIONER HENNING: No. COMMISSIONER FIALA: No? MR. OCHS: No. COMMISSIONER HENNING: It wasn't advertised. COMMISSIONER FIALA: Oh, okay. MR.OCHS: It was continued, ma'am-- COMMISSIONER COLETTA: Next time. MR.OCHS: -- and the funding required for the project, including any necessary budget amendments. Mr. Mike Bosi, Comprehensive Planning manager, will present. MR. BOSI: Good evening, Commissioner. Mike Bosi, Comprehensive Planning manager. As articulated within the executive summary, we're at the 10-year anniversary of the seating of the Golden Gate Area Restudy Committee. I believe Commissioner Coletta was the board-appointed liaison to the committee back in '01. Within the EAR document, which you will be having your public hearing on Monday, there are a number of -- there are a number of areas within the Golden Gate Area Master Plan that would suggest Page 268 January 25, 2011 that the master plan is ripe for restudy. Within that EAR document, we indicate that we are going to hold off on initiating any changes to the Golden Gate Area Master Plan to be able to solicit the public planning process and the public input for that. What the executive summary is seeking direction is as to when that -- when that process should be initiated, when the board would like to see the county move forward with it. On the context of -- we are calling it out in the EAR as an action that we're going to take by this county government to make modifications to the Golden Gate Area Master Plan based upon the public process; it doesn't necessarily obligate you to do it within the year that it's transmitted, but there's an expectation that that planning process will be forthcoming within a reasonable period of time. And this is simply to ask the board when we should budget and initiate the process for that restudy. CHAIRMAN COYLE: Okay. What's your pleasure? Commissioner Henning? COMMISSIONER HENNING: I think it's personally premature, and here's the reason why. I know there are several vacancies, vacant homes in Golden Gate Estates, particularly Golden Gate Estates, several in Golden Gate City. And if we start studying to fit the needs of the existing public, I think we're going to fail, I think we're going to fall short, besides the fact it appears that every time that there is an application to change the Golden Gate Master Plan, all of a sudden we need a restudy. It happened at Randall Boulevard, the last time we did this, and now we have changes to that master plan that expanded Randall Boulevard, and also created an expanded Wilson Boulevard shopping center. And I think that we need to wait to see when the populations come back and this -- was it a district, or is it an area? Page 269 January 25, 2011 MR. BOSI: It's a subdistrict. COMMISSIONER HENNING: Subdistrict. It's a large subdistrict. Wait till the population starts to come back so we can get a true sense of what the needs are going to be. That's my personal perspective. Besides, money's short. I mean, we could have saved $200,000 on an item earlier. We need to try to save as much as we can. I think this is one area that we can save money. CHAIRMAN COYLE: Okay. You've got a motion? COMMISSIONER COLETTA: That's me. CHAIRMAN COYLE: Okay, Coletta. COMMISSIONER HENNING: Thank you. Question. Is there money at this point in time in the unincorporated fund that would be able to cover this? MR. BOSI: I'm not as familiar with the growth management budget. I believe that there is not -- has not been money allocated to initiate this study. When there is money available, I'm not sure if -- how far the county in OMB has been within terms of the projection for the FYll/12 budget. I can't speak to that issue as to whether it's on there. COMMISSIONER COLETTA: Let me address something to you that you can speak to. Oh, excuse me. I'm in charge again. Watch out. Okay. Question. The -- is it by law or by ordinance that we have to do this every ten years? Because that's always been the goal. The first one we did I chaired back in '92, and it seems like we're always catching it on the tenth anniversary. And I think that we also held some interim plans at the five-year mark before. There's a lot of things taking place that's got me concerned. We have -- we have a change of attitude within the Golden Gate Estates area. I don't know about the city. Maybe it's true there, too, that seems to reflect a whole different attitude than it did ten years ago. Page 270 January 25, 2011 And the only way we're going to be able to bring that out is through a planning process. And it gets involved. I don't think we have to recreate the whole thing from zero, but I do think we're going to have to deal with it if not this budget cycle, at least with the promise that we're going to get into it in the next budget cycle. That's my own feelings. What's the estimated cost for this? MR. BOSI: We had-- MR.OCHS: I'm sorry. $163,000. COMMISSIONER COLETTA: And that's for a period of what, one year? MR. OCHS: No, three years. MR. BOSI: The initial time frame would be one year for the public planning process. COMMISSIONER COLETTA: Okay. MR. BOSI: And then another year for the actual GMP amendment process that would be associated with it. COMMISSIONER COLETTA: No. But I mean, the plan itself, when we pull everybody together and we start the meetings and bring the whole community together is a one-year process. MR. BOSI: Yes. That was the -- COMMISSIONER COLETTA: I can remember the first one; it went for -- we had to get permission to go another six months to be able to get it done. So, you know, I want to hear from my fellow commissioners on this. It's an issue that's important to some, and a lot of other people probably could care less. But the truth of the matter is, at some point in time we have to confront this thing and go forward. COMMISSIONER HENNING: You've got public speakers. MR. MITCHELL: Sir, you have two public speakers. COMMISSIONER COLETTA: Okay. I'll ask the-- Commissioner Hiller if she wants to ask her questions now or after the public speakers. Page 271 January 25, 2011 COMMISSIONER FIALA: You mean answer your question? COMMISSIONER COLETTA: Well, answer -- her light's on. COMMISSIONER HILLER: Let me listen to the public speakers first. COMMISSIONER COLETTA: Fine. COMMISSIONER HILLER: And then I'll comment. COMMISSIONER COLETTA: That sounds fine. Would you please call the public speakers. MR. MITCHELL: We have two speakers. The first is Peter Gaddy, and he'll be followed by Tim Nance. MR. NANCE: Peter Gaddy's not going to be here. MR. MITCHELL: Oh, okay. Tim Nance is it. COMMISSIONER COLETTA: I suggest we give Peter Gaddy's time to Tim Nance, because I don't see how you can possibly cover this in three minutes. MR. NANCE: Well, it's hard to cover it in three minutes. But, Commissioners, I'm just speaking to you as a long-time resident of the Golden Gate Estates area. Over the last several years, the Golden Gate Master Plan has been undergoing a significant metamorphosis in practice by the Board of County Commissioners, through significant Growth Management Plan amendments that have come before you and a long-range transportation plan priorities (sic) that have happened. Of note is, we have in process right now two very significant commercial centers out in the Estates area. One of them, of course, is at the comer of Randall Boulevard and Immokalee Road, and another one is another proposal that will be coming before you in the next few weeks to be considered a 40-acre shopping center complex at the comer of Wilson Boulevard and Golden Gate Boulevard. N one of these are a certainty at this time, but they're certainly moving forward. It looks like a couple of them could well become a reality . Page 272 January 25, 2011 Another thing is, as growth management plans move on and priorities change, we've seen a prioritization of interest for a new interchange for 1-75 in the vicinity of Everglades Boulevard in the long-range transportation plans come -- become very popular recently. And although this was in the Golden Gate Master Plan years ago, when it was put in the Golden Gate Master Plan, it was obviously intended to be a road and a connection to the interchange to service the people in the Estates. At that time there was no conception of a Rural Land Stewardship Area, and certainly nobody considered the fact that there might be a six-lane road put through the Estates to service 400,000 people that would come in future developments. These changes have directly affected the expectations of residents, property owners, and the activities of commercial investment groups and existing businesses out in the Estates. I think there's two significant negatives to engaging in a restudy at this time. One of them is I'm afraid that there might well be an unintended consequence of a restudy of creating additional economic uncertainty in the Golden Gate Estates area, both to residential and commercial. I think the restudy will almost certainly delay investment groups considering these shopping centers due to the uncertainty in the plan for commercial zoning in the Estates. Who among those investors will be willing to commit the hundreds of millions of dollars necessary when changes to the Growth Management Plans are unknown? What grocery stores, such as Publix or otherwise, would be -- commit to going into a proposed shopping center when they don't know what their commercial competition would likely be once a restudy would be complete. One thing that we do know is, in a restudy, the likelihood is that there would be more commercial in the Estates. I don't think anybody Page 273 January 25, 2011 would rely on the possibility there would be less. I think the plan will delay projects and the economic investment jobs and stimulus to the Estates for the three-plus years of the study, and it could well delay job availability and goods and services that could help reinvigorate the Estates' housing market, which has the worst foreclosure, of course, in Collier County. I think after all the things we've been through in recent years, the residents and the investors deserve to know what they can count on. I don't think that we need another three years of uncertainty right at this time. I think a second negative for you to consider is the effect that -- I think there's bad timing for a restudy relative to the 2012 election that's coming up. Politicizing the planning process, I don't think, could possibly yield good results. I do not know what Commissioner Coletta's intention is, but it doesn't really make any difference whether he seeks to continue his service or whether others are running. I think to have the Golden Gate Master Plan review taking place during a period of time where there's an election in place is -- I think -- I think the time frame is clearly inappropriate. My recommendation to the Board of County Commissioners, to carefully evaluate the situation and ask what the need being it -- that's being addressed by a restudy at this time. What is the need that would be addressed? I think you should reexamine the recent data and analysis presented to you by both staff and applicants of recent plan amendments. Recall that staff presented data that the existing and proposed commercial space, if these two developments go through, would exceed the demand at build-out according to planning models. Take that into consideration. Unless there's an agenda from somewhere to fundamentally alter the rural residential concept for Golden Gate Estates as a community, I think, with the plan amendments we have, that we do, indeed, have a Page 274 January 25, 2011 viable and working plan. But I do think we need to begin following the plan and let the -- let the amendments that are under consideration develop and go forward. What Golden Gate Estates and Collier County needs right now is a little bit of stability. I hope you'll review the data and seriously consider the negative aspects of starting a restudy at this particular moment. Thank you very much. COMMISSIONER COLETTA: Mr. Nance? MR. NANCE: Yes. COMMISSIONER COLETTA: If I may comment. You absolutely floored me. I thought you were going to be an advocate for this beyond anything that was out there. That's fine. To be honest, I agree with you. I don't think there's any need to do it right now. If anything, we can consider it the next budget cycle for the following year. I'm not in a hurry, but when I've been attending the meetings before in the Golden Gate Estates Civic Association, and Mark Strain, talking to him a -- many months ago, it was always this talk about the need of doing the master plan. And so your approach about maybe it's not needed now, I'm not about to argue with you on it. I know it's a budget consideration. I only want to do it if I'm going to get the buy-in of many, many people out there. It's not something I want to force down anybody's throat. MR. NANCE: Well, let me tell you why -- COMMISSIONER COLETTA: But as far as the election cycles go, I mean, I can tell you something; this would be a tremendous drag on anyone during an election cycle. MR. NANCE: I know. I really do not -- you know, I love my community. You know I've been here as an advocate many, many times. COMMISSIONER COLETTA: I know. MR. NANCE: I love my community. I would hate to spend Page 275 January 25, 2011 three years under a situation where there was anything influencing whatsoever. I think it's deserving, when we do get around to a restudy, to have a full thorough study. I think Mr. Bosi's laid it out. I think we need to do that. I think we need to go through it from top to bottom. But right now -- and you're correct. I was an advocate for a restudy. When we started going through these plan amendments, we talked about significant plan amendments. And I thought, you know, before we start this, maybe we should re-study this thing, but now we're kind of down the road. BCC has supported the development at Randall. I think it has wide support. I think it's going to meet the needs out there. You know, I'm, frankly, surprised that some of the commercial businesses in town haven't objected to a lot of discussion about developing businesses in the Estates, because I think they are needful of the 30,000 people in the Estates shopping at existing businesses. I've been surprised we haven't gotten some feedback about that. COMMISSIONER COLETTA: Mr. Nance, I appreciate very much your input. And as far as I'm concerned, my motion would be -- is to not to do it at this time, to consider it again next year. That would be the motion that I would make. But I have -- I'm sorry. Meeting's back to you, sir. Commissioner Hiller's the next one. CHAIRMAN COYLE: And you're out of order. COMMISSIONER COLETTA: Thank you. Who, Tim Nance or me? CHAIRMAN COYLE: No, him. MR. NANCE: I guess I'm usually out of order. COMMISSIONER COLETTA: Thanks, Tim. MR. NANCE: Thank you very much. CHAIRMAN COYLE: Are you the last public speaker? MR. MITCHELL: Sir, Mr. Nance is not only the last speaker to this; he's the last registered speaker on the agenda. Page 276 January 25, 2011 CHAIRMAN COYLE: Okay. All right. MR. NANCE: Thank you very much. CHAIRMAN COYLE: Thank you, Mr. Nance. The -- it's your district. You tell me what you want to do. COMMISSIONER COLETTA: I'm completely floored by this. I expected there was a tremendous amount of support. But hearing Tim Nance, who was one of the biggest supporters for doing this, at this point in time I'm in agreement with him. I'm not going to force something down people's throats. CHAIRMAN COYLE: Okay. Well, from a practical standpoint, the -- taking the review period from the time when we first appointed the committee and using that as the time for the review probably is not a good thing to do. We probably should have taken the time from the time the master plan was originally produced, and that results only in about what, six, seven years? COMMISSIONER FIALA: Yeah, 2004, right? MR. NANCE: My point, though, ladies and gentlemen, is just that we've had significant -- COMMISSIONER COLETTA: Use the mike, Tim. MR. NANCE: My point was that through the amendment process we've really changed the master plan significantly if we can allow it to happen. I'm hopeful that somebody like a Publix is going to go in there and say that they want to go ahead and push ahead and that we can get something started out there. But what I would hate to do is say, okay, we're going to restudy, you know, the whole Growth Management Plan for the area and have Publix go, you know, well, gee, you know, I'm not going to commit going in there when I don't know what's going to come out of this study. How can I -- you know, and the developers are going to do the same. They're going to take their cards and they're going to put them over on the table and say, hey, you know, we don't really know where this is going. I would hate to see that happen after all the deliberation Page 277 January 25, 2011 we've put into it up till now. Same thing with 1-75. You know, people think that some people are against it. I'm not against it. I'm really in favor of doing the right thing out there. But I think it would be inappropriate to restudy the Golden Gate Master Plan until we figure out are we going to get an interchange, where's it going to be, where the road's going to be, and how that's going to affect what goes on out there. I think that's going to be very, very important in the end. So I don't know that we can restudy something now when we've got so many things under development that are uncertain. CHAIRMAN COYLE: Okay. Go ahead. MR. NANCE: I'm sorry for taking so much time. CHAIRMAN COYLE: Make a motion. COMMISSIONER COLETTA: Commissioner Hiller. CHAIRMAN COYLE: Okay. Commissioner Hiller was next. COMMISSIONER HILLER: Yes. I'd like to say that I received an email from Mr. Teeters, who is an important member of the community, very active and very thoughtful about the development out there, and his sentiments echo yours, Mr. Nance. In fact, his conclusion was, "I wanted to compose my feelings and communicate them with you. I've spoken with staff as well. Just because people want to change the GGAMP through Growth Management Plan amendments, that doesn't mean the plan is broken," and I would have to agree, and I think your comments were well made. CHAIRMAN COYLE: Okay. What do you want to do? COMMISSIONER COLETTA: I just made a motion that we do not approve going forward with this this time and possibly review it the next budget cycle. COMMISSIONER HILLER: I second it. CHAIRMAN COYLE: You okay? You already spoken? COMMISSIONER HENNING: No, I haven't. The Golden Gate Area Master Plan encompasses two districts, and I agree with Mr. Page 278 January 25, 2011 Nance's analogy. In the area of Golden Gate City, there is ample commercial out there, and to add more, potentially more, you're only going to create blight and uncertainty for commercial owners. So, yeah, I -- I'd like to not do anything, I mean, not even consider this, even for the next budget, because when it needs to be considered is when those -- the things that -- that are in the Growth Management Plan are implemented, like the shopping center at Wilson. And we need to wait for the public to fill those vacant homes out there so we know what the effect is of their needs before even moving forward. So I think we're a long way away before we need to restudy it, in my opinion. I would just rather not even approve this item and don't even consider bringing it back for the next budget unless the board feels comfortable that those homes will become, you know, filled. CHAIRMAN COYLE: Why don't we then reject the staffs recommendations and suggest that it be brought back at a future date based upon -- COMMISSIONER COLETTA: Community. CHAIRMAN COYLE: -- the board's request? COMMISSIONER COLETTA: I'm fine with that. CHAIRMAN COYLE: Okay. That way the community will approach you and Commissioner Henning and say, hey, we're ready to review this thing, and then you can ask that it come before the board; that way it doesn't place the responsibility on the staff to keep coming back to see if the time is right. COMMISSIONER HENNING: Right. CHAIRMAN COYLE: Is that okay with you? COMMISSIONER HENNING: Yeah, that's fine. CHAIRMAN COYLE: Okay. Is that your motion, Commissioner Coletta? COMMISSIONER COLETTA: Absolutely. I don't have a problem. I mean, the only reason I was going in this direction was Page 279 January 25, 2011 because I got so much feedback over the last year and a half to do something about it. Finally we approached that point where I figured we'd move it forward. I mean, that's fine by me. I don't have any problems with it. CHAIRMAN COYLE: That's what you get for listening to the public. COMMISSIONER COLETTA: Yeah. Well, they change their minds. CHAIRMAN COYLE: Okay. 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 looks like it passes unanimously, okay. Item #10B BOARD OF COUNTY COMMISSIONERS APPROVED THE CONSERVATION COLLIER CYCLE 8 ACTIVE ACQUISITION LIST AND PROVIDE THE COUNTY MANAGER OR HIS DESIGNEE WITH GUIDANCE ON SUSPENDING ALL CONSERVATION COLLIER ACQUISITIONS AND PREPARING A MASTER PLAN TO ENSURE SUFFICIENT MANAGEMENT FUNDS IN PERPETUITY FOR ALL EXISTING CONSERVATION COLLIER PRESERVES - ACCEPT STAFF'S OPTION TO SUSPEND PURCHASES EXCEPT FOR THE 4 PROPERTIES UNDER CONTRACT-APPROVED Page 280 January 25, 2011 MR.OCHS: Commissioners, Item lOB, recommendation that the Board of County Commissioners approves the Conservation Collier Cycle 8 Active Acquisition List and provide the county manager or his designee with guidance on suspending all Conservation Collier acquisitions and preparing a master plan to ensure sufficient management funds in perpetuity for all existing Conservation Collier preserves. Ms. Len Price will present. COMMISSIONER HENNING: I'll make a motion to approve, but I do have a question. COMMISSIONER FIALA: Second. MS. PRICE: Okay. And we'll ask which of the two recommendations you're approving, because we have two options. COMMISSIONER HENNING: Yeah. Staffs recommendation -- but I want to talk about Winchester in Unit 53. MS. PRICE: Is that where we want to start, or did you want a listen to anything? I'm great with starting with the questions. COMMISSIONER HENNING: The -- on our agenda we have some purchases for 53, I believe 53 in Winchester, I think the prices are exorbitant. What was -- what was staffs recommendations not to further go for the Winchester in Unit 53? What was the reasoning behind that? MS. PRICE: The reasons for not purchasing any future properties at this point is an uncertainty as to the balance in the maintenance -- the Land Maintenance Fund. COMMISSIONER HENNING: Okay. MS. PRICE: We've done some analysis and, frankly, we're using a lot of crystal balls because we don't know exactly what's going to happen, but both interest rates and property values have gone down. We're talking about land management in perpetuity, which is a long, long time, and so we felt like until we did a master plan to identify all the amenities, until we have a better handle on the total Page 281 January 25, 2011 funds, we wanted to suspend all future purchases to make sure we've got plenty in the Land Management Fund so that we could do what we promised the public. COMMISSIONER HENNING: And just one more thing. On Winchester, which is in Golden Gate Estates, in Unit 53 that borders -- Alec, help me out here -- that is in Golden Gate Estates but is -- borders the -- what is that up there? Above Unit 53. What do they call that land? MS. SULECKI: The CREW lands. COMMISSIONER HENNING: CREW lands. Yes, thank you. Which is right off Immokalee Road. Is -- we have spent quite a bit of money in there, but we have a lot more to spend, to gather, to create that buffer for that -- that huge, huge conservation area. And unit -- and the Winchester Head will provide storage, water storage, for Golden Gate Estates, which is, you know, crucial. So I think by this action, hopefully the staff will look in the future. I think we'll see that those land prices will go down because -- I have property out there that's only worth $5,000. And I mean, it's not as wet as the Winchester, and these are $14,000. So I think there's -- there -- in the future there could be benefits by suspending and taking staffs recommendation and hopefully maybe go back-- COMMISSIONER FIALA: Staffs versus the advisory boards? CHAIRMAN COYLE: I was led to believe the staff had a presentation about what you needed to do with respect to maintenance funds in perpetuity. MS. PRICE: Well, basically, you know, we can go over all of the documents, but what we've -- which I thought maybe you didn't want to do. But what we have done is identified what we consider to be very conservative projections, and we believe that we need to have about $30 million in the Land Management Fund by the year 2020. In order Page 282 January 25, 2011 to do that, we would have to suspend any further purchases after the four that are on the agenda today, based on the projections we've got right now. Obviously that's subject to change, and for that reason we also recommend approving the Cycle 8 acquisitions list so that, should that change, we know what our priorities are. We're also asking you to approve the preparation of a master plan for developing amenities and taking care of the land management so we've got a more clear understanding of what that's going to entail as well. CHAIRMAN COYLE: Okay. But can't you tell us how you're going to get that Maintenance Fund established and what are the implications with respect to certain purchasing going forward? MS. PRICE: Commissioners, we, right now, by ordinance, put 15 percent of our receipts into that fund. Over the last two years, we've also put in additional funds from the acquisition account. What we're proposing doing is putting all future acquisition funds, kind of closing it out at sunset, into the Land Management Fund, leaving it there in trust and working off of the interest in perpetuity . I haven't answered your question? CHAIRMAN COYLE: Nope. You've got four more parcels on this agenda alone that you want to purchase; is that right? MS. PRICE: There are four that were under contract as we started talking to our advisory board, and the advisory board felt, and we agreed, that because they were under contract, we should move forward with them. CHAIRMAN COYLE: Okay. Now, once you buy those four, what are you going to do? MS. PRICE: Stop purchasing land until such time as we have strong confidence that there is sufficient funds in the Land Management Fund and additional monies on top of that. CHAIRMAN COYLE: Is that the staffs recommendation? Page 283 January 25, 2011 MS. PRICE: That is the staffs recommendation. The advisory board differs from us in just one respect, and that is the purchase of properties within the two multi-parcel areas. They feel that as those come available, we should purchase them irrespective of the -- CHAIRMAN COYLE: And the total cost of those purchases is about $1.4 million? MS. PRICE: At today's rates, yes. It's about $1.4 million if all of them became available. CHAIRMAN COYLE: What I'm trying to get you to tell me is something you've already got calculated. MS. PRICE: Apologize for the lateness of the hour and the muddiness of my brain. CHAIRMAN COYLE: All right. Put it on the overhead and go through this with us. Okay. That will help us make a decision about the four properties that are on this agenda and make a decision about Winchester Head purchases and how many we're going to do, and it will show us what we will ultimately have for our Maintenance Fund, right? MR. ISACKSON: Commissioners, for the record, Mark Isackson, your director of Corporate Finance. We have, over the past couple of months, been talking with representatives of the Land Acquisition Advisory Committee about the relationship between the Acquisition Fund, 1 72, and the Property Maintenance Fund, which is 174. Your ordinance, when you created Conservation Collier, required that 15 percent of the property taxes that were levied be moved to the Maintenance Fund in order to begin the process of setting aside money in order to manage these properties in perpetuity. I will tell you this: That the Land Acquisition Advisory Committee -- and I believe it was this past year -- had recommended that an additional amount of money, on top of the 15 percent, be moved from the Acquisition Fund to the Maintenance Fund in Page 284 January 25, 2011 recognition that we needed to put some more money aside in order to maintain the properties. And we've begun that process. You've got an eye chart there, unfortunately. Is there a pointer there, County Manager, or -- can I -- maybe Melissa can do that. The question is this: And it really boils down to this. What's the detriment if we go -- if we go and suggest that the Land Acquisition Committee expend up to $1.4 million to go ahead and complete the Unit 53 in Winchester Head cycles? What's the detriment in terms of any backfill it would require from general revenues in order to maintain properties in perpetuity, at least up and through 2025? If you agree with the assumptions that are in this spreadsheet -- and, Commissioners, I will tell you that it is not with great confidence that I project or that anybody on staff projects out what's going to happen through 2025, both in terms of interest rates and what we think the amount of money that will be moved from 1 72 to 174 is. But under that scenario, you will have a backfill requirement of roughly $21,000 if you go ahead and authorize or -- as these properties within Unit 53 in Winchester Head become available over time. That's based on this analysis at the interest rates that are suggested in this spreadsheet. Does that help you? CHAIRMAN COYLE: Yes. And that is not a big risk over that period of time, right? Particularly since your interest rates in the early time are relatively low; is that right? MR. ISACKSON: I worry about the interest rates in the outyears, Commissioner, more so than what we have right now. CHAIRMAN COYLE: Well, yeah. You know, they're -- you're projecting 3.25 percent in the outyears and one-and-a-half percent, maybe 1.5 -- well, 1 percent and then 1.5 percent in the early years. That looks like a pretty safe bet to me. MR. ISACKSON: There are a lot of variables that obviously can Page 285 January 25, 2011 come into play here over the course of time. But, you know, at this point in time the -- what staff gets concerned about -- and this is something that I made commentary to at the Coastal Advisory Committee -- is the fact that you don't want to run the risk of dipping into your General Fund reserves when the time comes when you have to maintain these properties at some point in time. Now, I think the decisions that we make -- I mean, we have an opportunity, at least at this point, to be fiscally conservative. That was why we had made the suggestion to stop the acquisition, minus the four properties. CHAIRMAN COYLE: I'd just make one other comment, and then you can either confirm or deny it, and then we'll go to some other . . commISSIoners. Would this make the advisory committee and the staff reasonably comfortable if we went with this proposal? MR.OCHS: Yes, sir. COMMISSIONER FIALA: With the advisory -- with the staff proposal? CHAIRMAN COYLE: The staff proposal is to essentially complete the four items that are in our packet tonight, to spend up to $1.4 million for Winchester Head, and then keep the remaining money for the main- -- buildup of the Maintenance Fund until the expiration of this program in 2013. MR.OCHS: 2013 is when-- CHAIRMAN COYLE: 2013. And there's already talk about extending it. So if you're basing it upon an -- a termination date of 2013 with the assumptions you've made, it looks like you've made a reasonable -- you've reached a reasonable conclusion here. MR. OCHS: Commissioner-- CHAIRMAN COYLE: Now, there's some doubt. I can see doubt in your eyes. MR. OCHS: I need to first correct. When you said, is the staff Page 286 January 25, 2011 comfortable with this recommendation, I thought you meant with the staff recommendation in the executive summary . We're obviously comfortable with that, but that did not include moving beyond the -- CHAIRMAN COYLE: Winchester Head. MR.OCHS: It did not include the multi-parcel acquisition. Only the four that are under contract, and then stop. CHAIRMAN COYLE: Yeah. But this particular -- this particular analysis that you have on the display -- MR. OCHS : Yes, sir. CHAIRMAN COYLE: -- includes spending the $1.4 million on Winchester Head; does it not? MR. OCHS: Correct, correct. CHAIRMAN COYLE: And even under that circumstance, you're projecting a shortfall of $24,000 at the end of 19- -- I mean 2025. MR.OCHS: 2025. Ifwe didn't spend that million four, then we would be in the black for the Maintenance Fund, I believe, by 2020. So it pushes out by five years roughly when we would be in a position to be whole with regard to the Maintenance Fund. CHAIRMAN COYLE: Okay. MR. OCHS: And, again, that assumes certain assumptions on interest rates and taxable value. CHAIRMAN COYLE: Who was first? COMMISSIONER FIALA: She was first. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: I would like to make a motion to approve staffs recommendations as described by County Manager. CHAIRMAN COYLE: Okay. That's not -- I presume that is not this financial analysis then? COMMISSIONER FIALA: No. CHAIRMAN COYLE: It is not this one? COMMISSIONER HILLER: No. They are going to prepare a Page 287 January 25, 2011 master plan, and they're going to ensure that there are, you know, sufficient management funds in perpetuity, and they're going to -- which ones? COMMISSIONER FIALA: Here's the staffs recommendations. COMMISSIONER HILLER: Right, which is exactly what I was reading. So basically that they are going to suspend all Collier -- all Conservation Collier acquisitions except for the four parcels currently under contract and then basically reinstitute the program once there is either evidence there is sufficient funds or -- MR. OCHS: That's correct. COMMISSIONER HILLER: -- until such time the Board of County Commissioners decides to change the motion we're making here today. CHAIRMAN COYLE: All right. Is there a second? COMMISSIONER HENNING: It's a motion and a second. CHAIRMAN COYLE: Okay. Second by Commissioner Henning. COMMISSIONER HENNING: No, I made the motion, but that's fine. COMMISSIONER HILLER: Makes no difference. I'll second it. If Commissioner Henning -- yeah, if Commissioner Henning made it, I'll second it. If I make it, he can second it. Whatever your pleasure is. CHAIRMAN COYLE: Okay. We've got a motion that's been made and seconded. Is there any other discussion? Commissioner Fiala? COMMISSIONER FIALA: Yes. So I wonder if you had a situation like Commissioner Henning's where somebody owned a piece of property and it used to be worth a lot and now all of a sudden it's $5,000 because it's at the market's lowest. But we all know that money is going to get better and conditions are going to improve. So the money that we don't spend on that we've put into our reserves to -- you know, for maintenance, and then when the property Page 288 January 25, 2011 costs double or more, then we buy it. So we've really lost the money we've put in reserves in the first place. Would we be able to take advantage of some kind of a really good buy that comes along that would be very helpful? MR.OCHS: Commissioner, you only have this levy until 2013 unless the public decides through referendum, I would imagine, again, to reinstitute the program. So, again, we are being, admittedly, conservative as a staff, but I'd think you'd want us to be from a financial standpoint, knowing that you've got a -- COMMISSIONER FIALA: As long as we don't shoot ourselves in the foot, Leo. MR. OCHS: I understand. COMMISSIONER FIALA: That's what I'm thinking. MR.OCHS: But this is a willing-seller program, Commissioner, and I don't know when we'll find 211 willing sellers to finish off the multi parcels in those two -- COMMISSIONER FIALA: You never can tell. Some people are hungry. And, you know, with CREW buying all of that stuff, too -- you know I'm on the CREW board. MR.OCHS: Yes, ma'am. COMMISSIONER FIALA: So naturally I'm real concerned with that, the conservation of all of that land that holds the water for our future. So excuse me for being a little passionate about it. CHAIRMAN COYLE: Okay. We've got 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. COMMISSIONER HILLER: And I'd just like to comment to what Commissioner Fiala said. If an opportunity were to present Page 289 January 25, 2011 itself, then I would ask that staff bring it back to the Board of County Commissioners, that we don't lose an opportunity if there's a really good one out there and, obviously, a -- you know, I really appreciate your very fiscally conservative approach and, of course, the support of that new acquisition would have to be justified by staff. COMMISSIONER HENNING: I mean, I think we need to thank Alec, who really oversees this program -- COMMISSIONER HILLER: Yes. COMMISSIONER HENNING: -- with Melissa. COMMISSIONER HILLER: Absolutely. COMMISSIONER HENNING: They did a good job with their recommendations. COMMISSIONER HILLER: Yes. CHAIRMAN COYLE: I would suggest you make Commissioner Henning an offer on his property, about $2,500-- COMMISSIONER HENNING: No. It's nowhere near. CHAIRMAN COYLE: -- see what happens. COMMISSIONER HENNING: It's nowhere near Winchester. COMMISSIONER HILLER: Offer 10, and we'll disclose the conflict. MR. OCHS: Thank you. MS. PRICE: Commissioners, if I understand correctly, you went ahead and approved the Cycle 8 Acquisition List for the -- in case things change, and you've directed us that if a very good deal comes to us and the advisory board thinks that we should move forward with it, to bring it to you under separate cover and for you to decide at that point. And then we'll move forward with the master plan, and if anything changes we'll bring that to you as well. COMMISSIONER HILLER: As long as it doesn't financially compromise the support of the existing projects and that that new project can also be financially supported in terms of maintenance. MR.OCHS: Understood. Page 290 January 25, 2011 MS. PRICE: Absolutely. And at this point we probably won't move forward with a Cycle 9 unless things change. MR.OCHS: Very good. MS. PRICE: Thank you, Commissioners. CHAIRMAN COYLE: Okay, thank you. Item #10C AGREEMENT FOR SALE AND PURCHASE WITH A YMEE J. JORDANA AND CARLOS R. MOLINA FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $12~000 - APPROVED MR.OCHS: Commissioners, that takes us to Item 10C. CHAIRMAN COYLE: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: And I'm going to support it. CHAIRMAN COYLE: Any discussion? COMMISSIONER HENNING: Yeah. I just want to point out the property appraiser's valuation on this property -- of course that's a year old -- is $8,700. I'm going to support the motion. And I think that we can get some good deals out there later on. CHAIRMAN COYLE: Okay. 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: Okay. The motion passes unanimously. Page 291 January 25, 2011 Item #10D AGREEMENT FOR SALE AND PURCHASE WITH EDITH JACKSON FOR 2.27 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $17~000 - APPROVED MR.OCHS: 10D is a recommendation to approve an agreement for sale and purchase with Edith Jackson for 2.27 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $17,000. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Henning, second by Commissioner Fiala. Any 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. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Passes unanimously. Item #10E AGREEMENT FOR SALE AND PURCHASE WITH BILL Page 292 January 25, 2011 NAVARRO (FORMERLY KNOWN AS ISABELO V. NAVARRO) AND LYDIA R. NAVARRO, HIS WIFE, FOR 1.59 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $12~500 - APPROVED MR. OCHS: Item 10E is a recommendation to approve an agreement for sale and purchase with Bill Navarro (formerly known as Isabelo V. Navarro) and Lydia R. Navarro, his wife, 1.59 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $12,500. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta, second by Commissioner Fiala. Any 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. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #10F AGREEMENT FOR SALE AND PURCHASE WITH MANUEL PALACIOS AND AIDA JAUREGUI FOR 4.06 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION Page 293 January 25, 2011 PROGRAM AT A COST NOT TO EXCEED $25~000 - APPROVED MR. OCHS: Item 10F is a recommendation to approve an agreement for sale and purchase with Manuel Palacios and Aida Jaugregui for 4.06 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $25,000. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Motion -- second. Could I find out where Red Maple Swamp Preserve is, please? COMMISSIONER HENNING: Yeah, that's right next to CREW lands, Unit 53. MS. HENNIG: Where the -- oh, Melissa Hennig, principal environmental specialist. Where the county fairgrounds is, the extension office -- COMMISSIONER FIALA: Yeah. MS. HENNIG: -- out there by Immokalee Road. I think it -- what is it, 43rd, Shady Hollow? MR.OCHS: Shady Hollow. MS. HENNIG: Shady Hollow Drive, all the way down. COMMISSIONER FIALA: Oh, okay. CHAIRMAN COYLE: Okay. I have a motion by Commissioner Henning, second by Commissioner Fiala. Any 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. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Page 294 January 25, 2011 (No response.) CHAIRMAN COYLE: It passes unanimously. MR. OCHS: Commissioner, is our court reporter okay? CHAIRMAN COYLE: Are you okay? You need a little -- THE COURT REPORTER: A stretch break. CHAIRMAN COYLE: All right. Let's take ten minutes, okay. We'll be back at eight o'clock. (A brief recess was had.) CHAIRMAN COYLE: Okay. We have a quorum. MR. SHEFFIELD: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Okay. Item #101 AWARD RFP #10-5541 TO PARADISE ADVERTISING AND MARKETING, INC. FOR TOURISM MARKETING SERVICES AND AUTHORIZE THE CHAIRMAN TO SIGN THE STANDARD CONTRACT IN THE AMOUNT OF $2,350,000 FOLLOWING COUNTY ATTORNEY OFFICE APPROVAL - APPROVED COMMISSIONER HENNING: Recommendation to approve the award of Bid RFP 10-5541, Paradise Advertising and Marketing, Incorporated, for the tourism marketing services, and authorize the chairman to sign standard contract amount of2,350,000 to follow-- following the County Attorney's Office approval. CHAIRMAN COYLE: Okay. A motion by Commissioner Henning for approval. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: No, I was just reading. CHAIRMAN COYLE: Oh. COMMISSIONER HENNING: Reading, reading. CHAIRMAN COYLE: Oh. That wasn't a motion to approve? Page 295 January 25, 2011 COMMISSIONER HENNING: I have a question. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Well, I'll make a motion to approve. CHAIRMAN COYLE: All right. Commissioner Fiala has made a motion to approve. COMMISSIONER COLETTA: I'll second. CHAIRMAN COYLE: And seconded by Commissioner Coletta. And go ahead with your question, Commissioner Henning. COMMISSIONER HENNING: Well, usually we have in RFPs the backup material for -- let's see -- in this one four firms responded, and I didn't see that backup material. MR. JOHNSON: Good evening, Commissioners. Mr. Chairman, for the record, Scott Johnson, procurement strategist from your Purchasing Department. Commissioner Henning, Mr. Chairman, are you talking about a bid tabulation sheet, sir? COMMISSIONER HENNING: Yes. MR. JOHNSON: On RFPs, sir, we do not include a formal bid tabulation because there's no pricing exposed in those type of -- in proposals. It's only for invitations to bid; however, I can -- I can lay down the -- COMMISSIONER HENNING: Well, you've got ranking then, right? MR. JOHNSON: Yes, sir, we do. This was not a CCNA-type proposal for any type of engineering work, so -- COMMISSIONER HENNING: Was Commissioner Coyle one of the ranking members? MR. JOHNSON: No, sir, he was not. COMMISSIONER HENNING: Okay. Well, who else was? MR. JOHNSON: You're talking about members of the committee, sir? COMMISSIONER HENNING: Yeah. Page 296 January 25, 2011 MR. JOHNSON: It was Mr. Wert, couple members from his staff, Mr. French from community development, and myself as a non-voting member. COMMISSIONER HENNING: Does local preference apply to this? MR. JOHNSON: Yes, it did. COMMISSIONER HENNING: And did any of the other firms have a local office? MR. JOHNSON: Three of the four did. COMMISSIONER HENNING: Three of the four. Do you have the outcome of the ranking? MR. JOHNSON: I do. I can lay it on the visualizer for you. COMMISSIONER HENNING: Lay it on me. MR. JOHNSON: I'll try to turn and look. COMMISSIONER COLETTA: Don't move it. MR. JOHNSON: The -- it's on the visualizer there. The Paradise Marketing was ranked first. Greenfield, out of Fort Myers, was ranked second. Matrix was East Coast as well, and Imagery was out of Miami. COMMISSIONER HENNING: Well, I think this is important, this information, because it shows that the selection committees were pretty much on target with their individual recommendations that I'm sure Commissioner Coy Ie talked to, right? MR. JOHNSON: Yes. CHAIRMAN COYLE: Yes. MR. JOHNSON: Well, I'll speak for him now. COMMISSIONER HENNING: Okay. I'm okay. MR. JOHNSON: Okay. CHAIRMAN COYLE: Okay. County Attorney, what would be your advice to me about being able to vote on this? MR. KLATZKOW: You have no reason not to. CHAIRMAN COYLE: Okay. Thank you. Page 297 January 25, 2011 COMMISSIONER HENNING: You're obligated to. CHAIRMAN COYLE: Yes. Okay. We have a motion by Commissioner Fiala, second by Commissioner Coletta. Is there -- Commissioner Hiller has her light on. COMMISSIONER HILLER: Yes. The reason that I pulled this off consent was because I had a concern that a contract this size was not presented in the agenda package. Obviously, you know, this is a 2.3 million contract as a base. Last year the total expenditures to Paradise was $4 million. And the way this contract is written, it potentially will go up to at least $4 million again this year. Not including the contract to allow both the public and the commissioners to review the information that they are approving is problematic. It's further problematic from the standpoint that, subsequently, when the Clerk of Courts goes to determine the legality of an expenditure and goes back to our record and the contract isn't included in our record, you know, what contract is he approving to? So I think it's very important that that be the case. The county attorney -- I asked the county attorney if he had reviewed it, and this was yesterday. And as of yesterday he had not seen the contract either. So I'm going to ask right now, have you had the opportunity to review the contract provisions and the changes between the last contract and this contract? MR. KLATZKOW: And I've had Ms. Green in my office do that while we were at this meeting, and she can answer your questions. MS. GREENE: Yes. Good evening. For the record, Colleen Greene, assistant county attorney. I had the opportunity to review the Paradise contract from October of2006 with the contract for today's agenda, October -- oh, January of2011, and the contract terms are identical in terms of Page 298 January 25, 2011 compensation. There are two new provisions in the 2010 contract, and the two provisions -- the first one is Paragraph 21 -- a dispute-resolution provision has been added, and Paragraph 22, key personnel/project staffing. Those are two new provisions from the 2006 agreement. COMMISSIONER HILLER: I'd like the county attorney's opinion on the contract-resolution approach that's being proposed in this contract. MS. GREENE: Commissioner Hiller, this is a standard dispute-resolution clause that we have in a number of our county contracts. COMMISSIONER HILLER: So you find it acceptable? MS. GREENE: Yes. COMMISSIONER HILLER: With respect to the staffing, you said that the terms are the same. The terms in part are the same, but with respect to the staffing, the rates have increased and the total staffing that will be administering this project has also increased. So I think it's important that that be disclosed. Merely stating that it's a $2.3 million contract and the terms are the same is not accurate. MS. GREENE: Well, yes, Your Honor. Your Honor? Excuse me. I'm used to being in a motion calendar. Exhibit A -- COMMISSIONER HILLER: My next career maybe. No, I'm just kidding. MS. GREENE: -- has the hourly rates attached. I'm talking about the terms of compensation that are provided within the body of the contract. COMMISSIONER HILLER: Oh. Thank you very much for the clarification. So the reason I pulled it off consent was because the county attorney had not reviewed it, and this very important contract that we're approving today was not included in the package for review by Page 299 January 25, 2011 the TDC who voted on it yesterday sight unseen, and for review -- and for today's vote. Fortunately it has been presented, and we've had the opportunity to review it, so we will be able to vote on it with knowledge. MR.OCHS: Mr. Chairman? CHAIRMAN COYLE: Okay. All in-- MR.OCHS: Just -- if I might real quickly, just one item of clarification. Commissioner Hiller's correct; she had several question on this item, but I don't believe it was actually pulled off consent because -- MR. WERT: It was always on the regular-- MR. OCHS: Anything over a million dollars is -- COMMISSIONER HILLER: Oh, I apologize. MR. OCHS: -- is on the regular agenda. COMMISSIONER HILLER: You're absolutely correct. My mistake. It wasn't pulled off consent. It was on the regular agenda. There were so many issues. But you're -- forgive me. You're absolutely correct. My concern was that it wasn't included for . . vIewIng. MR.OCHS: Yes, ma'am. Understand. COMMISSIONER HILLER: That's basically -- thank you for correcting me. CHAIRMAN COYLE: Okay. 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. Page 300 January 25, 2011 MR. WERT: Thank you. COMMISSIONER HILLER: Before we move on to the next subject, I just want to make a point. I had the opportunity to speak with the owner of Paradise, and while he had made the donations as we discussed earlier, he was as concerned about them as I was because, you know, he, of course, wants to maintain the appearance of independence, both in fact and from the perception of the public, as well as the hospitality industry. In fact, the donations are going to cost him more than he anticipated because he's actually going to have to pay tax on the money he's getting from the county and then turn around and give it back. So it actually is costing him more than a hundred thousand. And his suggestion -- before he had made these donations to the county, which had been rejected, was that instead of doing it the way it was done, rather give a discount off the contract, which I think is really commendable on his part. And my understanding is, you know, he would like to offer a discount off the contract equal to -- or whatever amount he would like to discount next year in the same fashion. And that way the Board of County Commissioners gets the benefits of the savings and then can turn around and can vote on how those funds will be distributed. So I would like to commend him for his remarks and his concern about the same issues that concerned me. Thank you very much. Item #10L RESOLUTION 2011-23: RESOLUTION SEEKING AUTHORITY TO ACQUIRE BY GIFT OR PURCHASE THOSE PERPETUAL AND TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF STORMW A TER IMPROVEMENTS FOR THE OUTFALL 3 AND 4 SEGMENTS OF THE LEL Y AREA Page 301 January 25, 2011 STORMW ATER IMPROVEMENT PROJECT - ADOPTED CHAIRMAN COYLE: Okay. We're going to go to 10L now, County Manager? MR.OCHS: Yes, sir. Yes, sir. It's 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 the stormwater improvements of the Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project, estimated fiscal impact, $1,556,500. Mr. Jay Ahmad will present. This is an item that was withdrawn from your last agenda and brought back for further clarification. CHAIRMAN COYLE: And the clarification primarily had to do with the width of the easements that you were trying to get and the fact that it might have impacted certain structures. And you're going to give us a clearer picture of what's happening here, right? MR. AHMAD: Correct. CHAIRMAN COYLE: Why don't we go directly to the aerial photograph. MR. AHMAD: Okay. I'm going to show you three slides to answer that question, Mr. Chairman. For the record, I'm Jay Ahmad, your director of Transportation Engineering. I see that Leo put, "Be brief, be brilliant, and be gone," so I'm going to try to be those. The first -- to answer that question directly, why are we taking properties on the north side? The simple answer is, the canal itself meandered to the north side and came back. And the first slide I'm showing is the existing condition which shows you the existing canal -- it's dashed -- and how it actually meandered to the north and came back. And as you see on the left, there's a lake. So we basically are Page 302 January 25, 2011 following that -- canal footprints. The second slide I'm showing you here is the actual easements on the north side and the actual easements on the south sides. As can you see from this slide, the taking on the north side, which is -- which is in this area here, is following the existing canal. The existing canal is there, and the slopes that we need to work in that area -- we have to go a 4-1 slope, and we had to work on those people's property where the canal meandered. So we had to acquire those parcels. The third slide that I have is essentially those are -- the pink areas are the areas that were taken. And as you can see, Mr. Chairman, the taking on the north side is only in those areas where the canal meandered. Almost all the taking is on the south side to build that access roadway and also to widen the canal for the width that we need for the flow of water. I hope I answered your question this time. CHAIRMAN COYLE: Well, if you've got an access roadway, what happens where you have your cursor placed? MR. AHMAD: Oops. Okay. CHAIRMAN COYLE: Oops. What happens in that blank space there where your cursor is? MR. AHMAD: Years ago, as the LASIP project was developed, there were three parcels. People came to us and says, could you buy us? And we bought them pretty cheap actually. From what I've been told, is less than $1,000 on some of these parcels. And so those parcels were acquired years ago, in 2001/2002. CHAIRMAN COYLE: So you have an easement -- MR. AHMAD: We have acquired those parcels, yes. CHAIRMAN COYLE: Across -- both of those parcels? MR. AHMAD: Correct. CHAIRMAN COYLE: Is it an easement, or do you own the entire parcel? MR. AHMAD: They're actually easements to do drainage Page 303 January 25, 2011 easements and construction of canal in those parcels. CHAIRMAN COYLE: All right. Okay, thank you. MR. AHMAD: You're welcome. CHAIRMAN COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Coyle, second by Commissioner Fiala. Any discussion? (N 0 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: Okay. It passes unanimously. Item #10M AWARD CONTRACT NO. 11-5615, ROYAL WOOD AND WHITAKER ROAD STORMW A TER IMPROVEMENTS TO SOUTHWEST UTILITY SYSTEMS, INC. IN THE AMOUNT OF $1,088,170 PLUS A TEN (10) PERCENT CONTINGENCY OF $108,817 TOTALING $1,192,987, PROJECT NUMBER 51101 - APPROVED MR.OCHS: Commissioners, 10M is a recommendation to award Contract No. 11-5615, Royal Wood and Whitaker Road stormwater improvements, to Southwest Utility Systems, Page 304 January 25, 2011 Incorporated, in the amount of$1,088,170 plus a 10 percent contingency of$108,817, totaling $1,196,987. Mr. Ahmad will present. MR. AHMAD: Once again, good evening, Mr. Chairman. Jay Ahmad, for the record. This is a good story actually. This is a building of the LASIP projects. The map I have on the display is the status of the LASIP projects, 30 of them. And we've completed to date -- we're in progress of building the 13th, and now we're bringing before you the 14th and 15th projects, and those projects I'm putting my cursor on, along Whitaker and down to Royal Wood. And essentially those contracts were bid out, and we received eight bids. One of the bids was deemed by our Purchasing Department not responsive and was higher than actually the highest bid. And we're recommending that you award the contract to South Utility Systems for the amount of 1,088,170 plus the 10 percent for unforeseen contingencies. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Henning. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: (Absent.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Page 305 January 25, 2011 (No response.) CHAIRMAN COYLE: It passes unanimously. MR. AHMAD: Thank you very much. MR.OCHS: Thanks, Jay. MR.OCHS: Commissioners, that take us to Item ION on your agenda, was formerly 16D8. It's a recommendation to approve the renewal of the Interlocal Mutual Aid Agreement between the independent municipal and dependent fire districts. This item was moved off consent agenda -- CHAIRMAN COYLE: Let's skip to P. MR.OCHS: Oh, I'm sorry. CHAIRMAN COYLE: Commissioner Henning's request. We'll come back, because Commissioner Henning -- Hiller requested those two, Nand O. MR.OCHS: I'm sorry. Item #10P AWARD CONTRACT NUMBER 11-5625 TO VACCARO CONSULTING, INC. FOR CONSULTING SERVICES AND PLANNING ASSISTANCE - APPROVED MR. OCHS: Item lOP is a recommendation to award Contract No. 11-5625 to Vacarro Consulting, Incorporated, for consulting services and planning assistance. COMMISSIONER HENNING: Just real quick, it -- the item shows that work orders at 100,000 per increment can be let under this contract, but it didn't say what the fiscal impact was. And just a brief explanation. MR. BELLONE: Sure. Good evening, Commissioners. For the record, Joe Bellone, manager of utility billing customer service. For these particular services on demand, I have in my FY11 work Page 306 January 25, 2011 plan four projects, and I've budgeted $100,000 in the capital projects to support these -- to support these four proj ects as I've identified them in the bottom of the first page of the executive summary. It's budget that -- the expenditures are budget constrained. I don't expect that anyone particular project would cost that much, but I just wanted to let you know in the executive summary that if anyone project did get large enough, I would bring it back to the board. But the entire budget for FY11 for those four projects is $100,000. COMMISSIONER HENNING: Okay. The -- and you see this could be a multiple-year contract? MR. BELLONE: It's actually a two-year contract -- COMMISSIONER HENNING: Two-year. MR. BELLONE: -- with two one-year renewals would be written into the contract. That's the way the bid went out. COMMISSIONER HENNING: Okay, good. Well, I'm going to make a motion to approve, and I appreciate your clarification on this item. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Henning, second by Commissioner Coletta for approval. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed -- any opposed, by like . sIgn. Page 307 January 25, 2011 (N 0 response.) CHAIRMAN COYLE: It passes unanimously. Item #10N RENEWAL OF THE INTERLOCAL MUTUAL AID AGREEMENT BETWEEN THE INDEPENDENT, MUNICIPAL AND DEPENDENT FIRE DISTRICTS - APPROVED MR.OCHS: Commissioners, we go back to Item ION. CHAIRMAN COYLE: Okay. MR. OCHS: Again, that's a recommendation to approve the renewal of the Interlocal Mutual Aid Agreement between the independent municipal and dependent fire districts. This item was moved at Commissioner Hiller's request. Would you like a presentation, Commissioner, or-- CHAIRMAN COYLE: No. MR. OCHS: -- do you have a specific question? COMMISSIONER HILLER: Yes. I'd like a presentation, and I think the public needs to understand that we have these interlocal agreements so that communities that don't -- given the disparity in the level of assets between, you know, the various communities, that notwithstanding these interlocal agreements, allow these different agencies to work together when there's a problem without the need of an agency that has lesser funds to raise taxes and, you know, buy all the equipment when somebody else already has it. MR. OCHS: Mr. Summers? MR. SUMMERS: Yes, thank you. For the record, Dan Summers, director of the Bureau of Emergency Services and Emergency Management. Chief McLaughlin could not be with us this evening. Just to couch this for you just a little bit, since -- since the Page 308 January 25, 2011 inception of fire service and mutual aid, essentially, there has always been a driving force for what's referred to as the Interlocal Mutual Aid Agreement. In my tenure that -- since I'm aware, this agreement was -- its original format was dated and signed in 2000. It was updated in 2008, and now we're here again updating that. And that does allow for fire services to work together not only in-county, but we also have a series of agreements that allow us to work for resources coming into the county if we need it from Lee or from the region, et cetera, and vice versa. I will tell you that one of the reasons -- business reasons for this being updated periodically, number one, is that we have tools at our disposal, such as computer-aided dispatch, we have new legal terms, we have new definition by state statute, and also we have new ratings in -- from our insurance service organization, ISO ratings, in which part of that Mutual Aid Agreement is a rating factor. This is equally important in our routine operations as well as we approach upcoming wildfire season, so that if we do have a disaster declaration of such a fashion in wildfire or under the Stafford Act, that this is one of the things that FEMA will make sure is in place as one of the contingencies for our reimbursement; however, this agreement is not a reimbursable. This is our ongoing assistance to our neighbors, if you will, for significant emergencies or high-risk responses. COMMISSIONER HILLER: And I commend the spirit of cooperation. MR. SUMMERS: Yes, ma'am. Thank you. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay. Is there a motion to approve? COMMISSIONER FIALA: Motion to approve. COMMISSIONER HILLER: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Hiller. Page 309 January 25, 2011 Any 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. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #100 ANNUAL FIVE PERCENT (5%) INCREASE IN CONSULTANT FEES FOR THE MEDICAL DIRECTOR OF EMERGENCY MEDICAL SERVICES AS DESCRIBED IN THE EMERGENCY MEDICAL SERVICES MEDICAL CONSULTANT CONTRACT FORA TOTAL OF $110,775 FORFY11-MOTION TO CONTINUE TO THE NEXT BCC MEETING - APPROVED MR. OCHS: Commissioners, that takes us to -- don't go away, Dan -- 100. It's a recommendation to approve the annual 5 percent increase in consultant fees for the medical director of Emergency Medical Services as described in Emergency Medical Services Medical Consultant Contract for a total of$110,775 for fiscal year 'II. This item was moved at Commissioner Hiller's request. COMMISSIONER HILLER: The reason I moved this is because when I reviewed the contract, I really had some concerns. I was trying to get an understanding of who exactly the contract was with. Was it with Dr. Tober individually? Was it with Dr. Page 310 January 25, 2011 Tober's consulting firm? You know, what was the relationship with respect to Dr. Lee? You know, was there -- I mean, it just -- it really wasn't flowing. I was concerned about the liability because of the lack of clarity of who the contracting party was and, to that end, what the insurance coverage was and to what amount, and whether we can even insure a vendor, if you will, ifhe is a vendor. And I can't tell ifhe's a vendor or an employee. So I started looking into this, and I found that while the contract is in Dr. Tober's name, the payments are made to his nonprofit, and he's described as a consultant, but he's also treated as the county's employee, medical director. And then I started having some real concerns when I could not find any occupational license for Dr. Tober as a physician or Dr. Tober as a consultant and when I found that the corporation that the checks were being made out to was inactive. So I guess my first threshold question is, how did this get through purchasing? How is purchasing authorizing payments when we have a -- I mean, we don't even know -- we have an inactive corporation. We have a corporation that's being paid when the contract is with an individual, an individual who is not, I mean, licensed to do business here in Collier County. And, of course, I'd like the county attorney to go into the record and double-check what I've determined. So as it stands, I really couldn't possibly approve this contract in light of the issues that I've identified. And then I want clarification on the scope of liability, because I don't really know who we're contracting with and what for. And, you know, what kind of insurance are we providing and to whom? MR. SUMMERS: Commissioners, I can address the insurance issue. We review this routinely with our Risk Management Department. Jeff Walker is not here. I wasn't prepared to bring him here for Page 311 January 25, 2011 that particular question; however, there are provisions that our -- that we make within our Emergency Medical Services policy. The medical director is clearly part of that under the auspices of the board. So that particular risk management concern I'm very, very comfortable with, but I'm sure you would like to hear further from Jeff Walker -- COMMISSIONER HILLER: I would. MR. SUMMERS: -- on our insurance coverage for that. And we routinely review that with him. I -- in terms of your other corporate and business affiliation of Dr. Tober, I am not prepared to answer that today. Now, we have been doing business routinely with that. I cannot address how physicians list themselves as corporates or business entities. I don't know that particular portion of the law as it relates to a practicing physician. COMMISSIONER HILLER: And I can appreciate that, I mean -- but the bottom line is, this contract can't be approved in light of these questions. CHAIRMAN COYLE: County Attorney, what is your take on this? How did it get by your review, if it's not -- MR. KLATZKOW: It's a 2001 contract. CHAIRMAN COYLE: I'm sorry? MR. KLATZKOW: This is a2001 contract. CHAIRMAN COYLE: Okay. MR. KLATZKOW: The issue -- it's late -- my brain turns to mush after a while, and it's late in the night. But my understanding is, the issue here is whether or not we're doing the 5 percent increase that's called for in this ten-year-old contract. CHAIRMAN COYLE: Yeah. MR. KLATZKOW: Now, Commissioner Hiller may make a point that we may need to update this contract at this point in time. But Dr. Tober's not here for me to answer questions. Page 312 January 25, 2011 COMMISSIONER HILLER: Should we continue this and allow Dr. Tober to answer? Because, again, we have to be able to -- I mean, this contract has to be with someone who can do -- who's licensed to do what he's been doing. And, you know, like I said, we've got the occupational license issues, an inactive corporation. I mean, there are so many issues here. I really don't know how we could possibly vote on this. MR. PAGE: Commissioner, I had also heard this rumor about his corporation not being active. And I can tell you that he consulted his attorney, and it is. So I'm not sure where you're getting that information, but -- COMMISSIONER HILLER: I actually got it from the Finance Department. Crystal? MS. KINZEL: For the record, Crystal Kinzel with the Finance Department. In conjunction with the contract for Dr. Tober, I looked on the Division of Corporations, and it had inactive from 1985. But, again, we didn't have time to research anything beyond that either, so -- CHAIRMAN COYLE: Well, tell me -- I don't understand this. Why do you people come in here with these allegations and then you say, oh, I haven't had time to research it. Before you go public with statements that impact a person's employment and their reputation, why don't you bother to get something definitive? You know, it looks to me like the Clerk's Office is feeding Ms. Hiller information that she can use to attack whoever you decide to attack at any point in time. And if you're going to do that, for goodness sakes, do a decent job of research. Don't come in and just throw a hand grenade in the room and then walk off and, say, well, I really haven't had any chance to really verify this. MS. KINZEL: Commissioner Coyle, let me address that, because that was not our intent. We responded to a question from Commissioner Hiller, which we willingly respond to questions. And Page 313 January 25, 2011 beyond that, based on the timing, we only have so much time to research those questions also. So we normally do due diligence, and this was brought to our attention also. COMMISSIONER HILLER: Well, I will say that what was done by finance is the extent of the research necessary. I have a check here made to Robert Tober, Inc., and I have a document from the Division of Corporations that says Robert Tober, Inc., was involuntarily dissolved. It's, you know, inactive. So, I mean, I'll introduce this into the record. And then as far as, you know, research, there are some emails on here. Like, I guess this has been an open issue for some time. And the reason this came up is because I wanted to know if, you know, we were doing business with his consulting company or if we were doing business with him individually and what the relationship to Dr. Lee was. And it's my duty to ask these questions. I'm going to basically enter the copy of the check made out to his corporation and what the Division of Corporate Records shows. And you're welcome to search the county's records for occupational licenses. I hope you can find it. And I'm here to raise questions. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: I just had a question. Have we been giving raises to any of our employees? MR.OCHS: No, ma'am. COMMISSIONER FIALA: Last year? MR.OCHS: No, ma'am. COMMISSIONER FIALA: So I just felt a little uncomfortable. Being that we're not giving any of our own employees raises, I just thought maybe we shouldn't be giving anybody raises. But I'm just throwing that on the table. MR. PAGE: Commissioner, if I could. Last year he didn't receive the raise. I mean, he voluntarily gave that up. This year he Page 314 January 25, 2011 has utilized Dr. Lee a lot more, and he's utilizing his funds not only to pay for Dr. Lee, but he also does some charitable work. He's sending a student through nursing school, things of that nature. So it offsets his costs for that. But I'm sure that if I go back and tell him that that's something that he shouldn't pursue, he won't. COMMISSIONER FIALA: Well, that's just my opinion. I'm just throwing that on the table, only because nobody else has gotten one, but that's for the other commissioners to discuss. CHAIRMAN COYLE: And if I could, don't try to discourage him from doing something for some student. Don't try to discourage him from doing good things. MR. PAGE: I'm not, Commissioners. CHAIRMAN COYLE: I mean, what we should do is have him come in and confront the people who are making these accusations and implying that he's doing something wrong. So I think we need to do more of that, rather than letting these things just be thrown out there to tarnish people's reputations. Commissioner Henning? COMMISSIONER HENNING: Are we continuing this issue? CHAIRMAN COYLE: I don't know. COMMISSIONER FIALA: I think we should. COMMISSIONER HENNING: I'm going to make a motion to continue. COMMISSIONER FIALA: Second. MR. OCHS: To the next meeting, sir? COMMISSIONER HENNING: Yeah, I don't care. CHAIRMAN COYLE: Okay. Motion to continue till the next meeting, seconded by Commissioner Fiala. Is there any further discussion? (No response.) CHAIRMAN COYLE: Okay. All in favor, please signify -- Page 315 January 25, 2011 COMMISSIONER HILLER: My light is on. CHAIRMAN COYLE: I asked you if there was any further discussion, so go ahead. COMMISSIONER HILLER: I'd like to make sure everyone understands. It's no intent on my part to tarnish anyone's reputation. We need to know who we're contracting with, we need to ensure that they're properly licensed and that everything is legal. And we just can't approve contracts. And, quite frankly, Purchasing ought to be doing what I did. So thank you for bringing this back. CHAIRMAN COYLE: And one way of doing that is to ask purchasing to give you a report privately rather than just saying, hey, this guy's -- can't be found, he's -- his company's been dissolved involuntarily . You know, this is just rotten stuff. COMMISSIONER FIALA: Maybe we could just do some of those things behind the scenes. CHAIRMAN COYLE: Go ahead. COMMISSIONER COLETTA: I was just going to say the same thing, to reach out and try to reach that person and be able to say, what's the story on this? This is what I've found. That would be the easiest way to go, rather than to come here, and then we don't have the person in the room, we can't ask the question. We're completely stymied. COMMISSIONER HILLER: Well, the person could be here. You were the ones who wanted to carry this meeting through to this time. And I'll ask any questions I want any way I want. CHAIRMAN COYLE: Well, okay, that's obvious. COMMISSIONER COLETTA: I'm sorry we offended you. COMMISSIONER HILLER: Oh, you didn't offend me. COMMISSIONER COLETTA: I was just making a suggestion. COMMISSIONER HILLER: You don't -- you're not offending, and your recommendations are always welcome. And I'll choose to Page 316 January 25, 2011 take what I want, but I'll do it my way. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: I guess I've been told. CHAIRMAN COYLE: Yes, you have. Don't you ever -- COMMISSIONER COLETTA: I don't have to mull that around for long. CHAIRMAN COYLE: Don't you ever do that again. COMMISSIONER COLETTA: I'm sorry. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: I'll be careful. CHAIRMAN COYLE: All right. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Wait a minute, okay. I've got to ask the question first. 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: Okay. It passes unanimously to continue it. We go to 11A. MR. OCHS : Nothing on county attorney for 11, so we go to 12A, constitutional officers. COMMISSIONER FIALA: What was 11A? Itwas Commissioner Hiller's request, but I don't see it here. Where is it? COMMISSIONER COLETTA: It's on here. CHAIRMAN COYLE: It's on the agenda. I know. I'm asking them. Page 31 7 January 25, 2011 MR. KLATZKOW: It's continued. COMMISSIONER HILLER: The -- 11A was -- COMMISSIONER FIALA: To approve a schedule submission. COMMISSIONER HILLER: Right. MR. KLATZKOW: I asked this morning on the change sheet that it be continued. COMMISSIONER FIALA: Pardon me? MR. KLATZKOW: I asked this morning on the change sheet that it be continued. COMMISSIONER FIALA: Oh, I'm sorry. Okay. Item #12A AMEND THE INTERLOCAL AGREEMENT WITH THE CLERK OF THE CIRCUIT COURT TO INCLUDE AUDIT SERVICES IN THE DEFINED SCOPE OF SERVICES TO BE PROVIDED AND PROVIDE FUNDING FOR THESE SERVICES FOR THE REMAINDER OF FY11 IN THE AMOUNT OF $263,300 AND APPROVE ALL NECESSARY BUDGET AMENDMENTS - APPROVED CHAIRMAN COYLE: Okay. We're going to go to 12A? MR.OCHS: Yes, sir. It's a recommendation to amend the interlocal agreement with the Clerk of the Circuit Court to include audit services in the defined scope of services to be provided and to provide funding for these services for the remainder of fiscal year' 11 in the amount of $263,300 and approve all necessary budget amendments. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I have nothing to hide, and I welcome the clerk to audit the board's and county manager's agency, so I'm going to make a motion to approve. Page 318 January 25, 2011 CHAIRMAN COYLE: Second. Any 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. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (N 0 response.) CHAIRMAN COYLE: It passes unanimously. Item #13A1 COMMUNITY REDEVELOPMENT AGENCY FY2010 ANNUAL PERFORMANCE APPRAISAL REVIEW FOR THE BA YSHORE GATEWAY TRIANGLE CRA EXECUTIVE DIRECTOR- APPROVED (DIRECTOR WAIVED MERIT PAY) MR.OCHS: Takes us to 13A1, sir, on your agenda, Community Redevelopment Agency. You need to hand the gavel to the chair for this. CHAIRMAN COYLE: Okay. MR. OCHS: This is a -- CHAIRMAN FIALA: Should I hit you with that or -- oh, this. MR. OCHS: It's the Community -- CHAIRMAN FIALA: CRA meeting is in session. MR.OCHS: -- Redevelopment Agency FY2010 Annual Performance Appraisal Review for the Bayshore/Gateway Triangle CRA executive director. Page 319 January 25, 2011 COMMISSIONER HENNING: I'm going to make a motion to approve. And I just want to point out the executive director voluntarily waives his annual merit pay -- COMMISSIONER COYLE: Yep. COMMISSIONER HENNING: -- and provisions under the employment contract. COMMISSIONER COYLE: And this is the second or third year he has done that. COMMISSIONER HENNING: Yes. CHAIRMAN FIALA: At least the second. COMMISSIONER COLETTA: Also, the Immokalee CRA director has done likewise. CHAIRMAN FIALA: Yes. COMMISSIONER COYLE: Yes, and the Immokalee director. CHAIRMAN FIALA: And by the way, David, you've done a great job. COMMISSIONER COYLE: You have. COMMISSIONER COLETTA: You have. Isn't that worth more than a raise? MR. JACKSON: Yes. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: If you were here, we could pat you on the back. COMMISSIONER COYLE: We're going to double your raise next time. COMMISSIONER COLETTA: Well, it was zero this time. COMMISSIONER COYLE: Thank you very much. You have done a good job. You've received our evaluations, you've received our letters. We do appreciate what you've done, and I've observed, and in your evaluation, that more has been accomplished in the CRA since you've been there then at any point in time during the existence of the CRA. Page 320 January 25, 2011 So you're to be commended. You've done a wonderful job. And I make a motion we approve the performance -- CHAIRMAN FIALA: Second. COMMISSIONER COYLE: -- rating as it's contained in the packet. CHAIRMAN FIALA: Any further discussion? Commissioner Henning? COMMISSIONER HENNING: No. CHAIRMAN FIALA: That was from before? COMMISSIONER HENNING: Yeah. CHAIRMAN FIALA: Okay. All in favor, signify by saying aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: And the CRA meeting is ended. Item #14A PUBLIC COMMENTS ON GENERAL TOPICS CHAIRMAN COYLE: Okay. And that brings us to public comments. MR. MITCHELL: We've just -- we've one registered speaker, Doug Fee. MR. FEE: Good evening, Commissioners. I know it's late. I'll be very brief. I didn't get an opportunity to sign up for 9B, which is the issue related to the donation back to the county. And this is all about public Page 321 January 25, 2011 perception. I'm a member of the public. You represent us. I'm not able to go to lunch with any of you and buy you a cup of coffee, and there's a reason for that, and I appreciate it. I respect all of you. I know you have hard jobs. Couple years ago you had a rezone called Coconilla. At that point there was a donation of a million dollars made for beach access and some land. And while the public will benefit from that greatly, from that donation, it was the perception. In the Naples Daily News -- I can bring you the article where they say that's a -- that's a road that you may not want to go down, granting rezones for dollars. Okay. You also had a settlement agreement with Cocohatchee Bay up in my area again. There was $3 million given for the bridge, and there was $3 million given for affordable housing. I support both of those. They're important issues. But, again, it was the way that it came into the agreement. So I just want to ask that we really take into consideration your ethics rules. I don't think it's right to grant a contract and then allow somebody to give you money back. That's my comment to that. The second thing is, Dr. Tober, Inc. The very first thing one does -- I'm not a lawyer, but I'm an accountant, and I need to know who my clients are. The very first thing you do is you go to the Division of Corporation and you check on that corporation. It's -- it is the standard issue. And if one sees something administratively dissolved, then you stop and say, what entity am I dealing with? So, please, don't attack each other for trying to get information. It's very important to contracts for this county, for anyone who's dealing with. The last thing I wanted to say is, I don't need to defend any of you, and I do respect you, but today, as a citizen watching what's going on, everybody has to slow down, I guess the word is "behave," Page 3 22 January 25, 2011 and respect each other, let everybody ask questions. I really appreciate all of you when you ask your questions on any matter, and I don't care if it's a three-day meeting. I just know that there's a reason why you're asking it. You're educating yourself. You're getting the answers. So please allow each and every one of you to take time, ask questions, keep doing what you're doing. And at the end of the day you-all have to work together. I'm not your parent, but I am the public, and try to find a way to be good to each other. Thank you. COMMISSIONER HILLER: Thank you. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COYLE: Okay. Staff and general -- and commission general communications. Commissioner Henning? COMMISSIONER HENNING: Well, I -- CHAIRMAN COYLE: I'm sorry, I'm sorry. I should start with the county manager. COMMISSIONER HENNING: No, you should always start with the commissioners. CHAIRMAN COYLE: No, no. County Manager's going to tell us he doesn't have anything. MR.OCHS: Well, let's see. No, I don't have anything, sir. CHAIRMAN COYLE: County Attorney? MR. KLATZKOW: No, sir. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I had several things, and I'm sure Commissioner Coletta will outdo me, but I'm going to waive those and just tell you an observation. Page 323 January 25, 2011 A couple boys seem to be very upset about comments. When you -- when we get upset, it just appears that that person has control of your motions or your emotions, and there might be a better way to not allow anybody to control your feelings. That's all I have. CHAIRMAN COYLE: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I have two things. One, I received an email from Mike Brennan who informed me that Senator Marco Rubio is looking for a local office in either Naples or Fort Myers. COMMISSIONER HENNING: Give him your office. COMMISSIONER COLETTA: Actually, I was going to give him yours. But the action that I'd like to see is direct the chair to work with the county manager to draft a letter to the Senator Rubio staff as to what is available space within the Collier County Government facility. It would be absolutely wonderful to have that man within Collier County, his office within Collier County. COMMISSIONER FIALA: Do you remember -- you know down at the end of this hall where there's that doorway that nobody ever goes in? COMMISSIONER COLETTA: The ladies room? COMMISSIONER FIALA: Do you remember years ago -- yeah, between the ladies' and men's room actually down there. And one of the representatives had that office. And what was her name? And she sat in that office. It's just like a closet or something, but that was their office for a while. Why can't I remember her name? COMMISSIONER COLETTA: I would just like-- COMMISSIONER FIALA: Strong Republican. COMMISSIONER COLETTA: -- leave it to the county manager and the -- Page 324 January 25, 2011 COMMISSIONER FIALA: Okay. COMMISSIONER COLETTA: -- and our chairperson to see if they can find something. And if so, draft a letter -- COMMISSIONER FIALA: Good. COMMISSIONER COLETTA: -- to their staff to let them know that it's available and we'd welcome him in Collier County. No, I didn't even know. They use it for what, a broom closet now, don't they? COMMISSIONER FIALA: I think so, the storage closet now, yeah. I wish I could remember her name. Darn it. COMMISSIONER COLETTA: The other thing I'd like to address is the issue regarding county commissioners' projects requiring research that involves a large block of staff time. The utilization of county resources and staff other than routine questions or maintenance requests should be routed through the county manager -- we all understand that -- or for legal matters through the county attorney. The utilization of county resources and staff should be authorized only for projects that serve a paramount public purpose for Collier County, and no new projects should be assigned to county -- assigned to county staff unless approved and prioritized by at least three votes of the Collier County Commission. Years ago, if you remember, going back about probably nine years ago, Commissioner Henning was all over me for misuse of the county staff. He said that I was dragging them to too many meetings; I was monopolizing their time. And so we came up with some working rules to bring Commissioner Coletta, young Commissioner Coletta, under control. I do think we need to be able to put something into effect so we know that the working rules that are out there, something that we can all live with, not to be able to stymie anyone, but to be able to make sure that we don't have carte blanche to all staffs time to the point Page 325 January 25, 2011 where, you know, they can't get their work done. And I'd like us to direct the county attorney to come back with something in the way of an ordinance. You there, Jeff? MR. KLATZKOW: Yeah. Yeah, I understand. COMMISSIONER FIALA: An ordinance or a resolution. COMMISSIONER COLETTA: Whatever works to be able to give us some sort of guidelines on how we should use county staff and when we should come forward, you know, what would be the guiding lines with that. COMMISSIONER HENNING: Being a seasoned commissioner as you are, I don't understand -- you should know everything about the county. I don't know why you would need any staff time. COMMISSIONER COLETTA: I don't, to be honest with you. They come to me now. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: I think he needs remedial training anyway, so I would support his motion. You got three nods. COMMISSIONER FIALA: Yep. CHAIRMAN COYLE: Okay. MR. OCHS: Commissioners, I'm sorry. Did we get three nods on the prior item from Commissioner Coletta about offering the office space? I didn't -- COMMISSIONER FIALA: Oh, yeah. I know I did. How about you? Anybody? COMMISSIONER HENNING: Yeah. I said give him Commissioner Coletta's office. COMMISSIONER FIALA: But if that doesn't work-- COMMISSIONER HENNING: If that doesn't work -- CHAIRMAN COYLE: Let's -- okay. He wanted me to write a letter, I think, work with you to determine what is possible, so -- MR.OCHS: Available. CHAIRMAN COYLE: I don't have a problem doing that. I'm Page 326 January 25, 2011 not going to give him my office. MR.OCHS: Very good. CHAIRMAN COYLE: You might find something. COMMISSIONER COLETTA: That's for me. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Two things, please. Mine are simple. We got this little book today, children's book, and I was wondering if it would be all right with everyone if -- my -- both of my Kiwanis clubs are involved in books for children's efforts. One of them is called RIF, Reading is Fundamental, and the other one -- I can't remember what we call that one. But would you let me donate this to that reading program for children? COMMISSIONER COLETTA: Question? COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: Did we receive that book as a gift? COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: I'd like to give you $10 to pay for it. COMMISSIONER FIALA: Well, it was from the people -- and I don't know how to get it to them. COMMISSIONER COLETTA: That's okay. I'm sure we can check back on the records. We can find out who it is. Here's the $10 to purchase it. COMMISSIONER FIALA: Oh, that's nice. Okay. COMMISSIONER HENNING: So you're giving Commissioner Fiala a gift? COMMISSIONER FIALA: No, Coyle took it already. COMMISSIONER COLETTA: Oh. CHAIRMAN COYLE: I short-stopped it. This is a gift-- COMMISSIONER COLETTA: This is why he lives in Port Page 327 January 25, 2011 Royal, and I live in Golden Gate Estates. No paved roads there either. COMMISSIONER HILLER: I think since -- if I may say, I think -- since the book was given to the five commissioners, if you take the price, divide it by five, I'm sure it would come under $4 for each of us, so I don't know that you actually would have to give $10 to pay for that book. CHAIRMAN COYLE: I think it's worth $10. COMMISSIONER FIALA: Okay. COMMISSIONER HILLER: I think it's worth -- personally I think it's worth more. COMMISSIONER FIALA: Crystal knows -- COMMISSIONER HILLER: A lot more. COMMISSIONER FIALA: Who is that -- you could get this to that girl, couldn't you? MS. KINZEL: Sure. That was -- Hailey Lam (phonetic) was the coordinating student for the program. COMMISSIONER FIALA: And the other thing was -- COMMISSIONER HILLER: The book is $17.99. COMMISSIONER COLETTA: Okay. Somebody come up with the other -- $7.99. COMMISSIONER FIALA: Okay. We'll all chip some money in. I don't have a purse. MS. KINZEL: Actually, I don't have a receipt, so maybe not. COMMISSIONER FIALA: So -- the next thing is, Tallahassee trip is -- so you want to just leave it here then instead of donating it to the kids? COMMISSIONER HILLER: No, I just was getting -- CHAIRMAN COYLE: You know, if you wanted to, you could put it in the entrance of the office. The public could look at it. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: It's a gift to the public, or put it in the li brary. Page 328 January 25, 2011 COMMISSIONER FIALA: Okay. Yeah, because it says property of Collier County. CHAIRMAN COYLE: Whoops. Making a gift to a library. COMMISSIONER FIALA: Uh-oh. CHAIRMAN COYLE: Oh my goodness. COMMISSIONER FIALA: Never mind. I'm going on to Tallahassee trip. I've got a -- the Legislative Days is coming up, and you -- and me, as your now board member for F AC, I am going up there to do this, but I need permission -- I think that's how I say it. I need permission to go or permission to spend the money for an airplane trip or something. COMMISSIONER COLETTA: No. That doesn't come out of your budget. It comes out of F AC budget. That's just normal operating business. I mean, it's not something that -- I don't know how that works in the -- someone help me. I know it doesn't appear in our COMMISSIONER HENNING: He needs staffhelp. MR. MITCHELL: Sir, we have a -- COMMISSIONER COLETTA: It's not normally something that comes out -- COMMISSIONER FIALA: Okay. MR. MITCHELL: Sir, we have a budget line that allows us to pay a certain amount of expenses, but it's -- like everything else with our budget, it's severely constrained, so -- COMMISSIONER FIALA: But this is F AC money, right? MR. MITCHELL: It is, yeah. So we'll take as much as we can out of that budget line, and then the rest we will take -- COMMISSIONER HENNING: Take it out of Commissioner Coletta's. COMMISSIONER FIALA: We found a really good rate. My aide, Sue, found a really good rate, except there was only one seat left, and that was yesterday on this thing, but -- Page 329 January 25, 2011 CHAIRMAN COYLE: Did you take it? COMMISSIONER FIALA: No, we didn't actually, because I didn't get approval to do it, and I didn't realize I could just do it. So we've probably lost that. I was worried about it costing a couple hundred dollars more. So -- but anyway, we did that. And then -- I have to go up the night before so I can start the next morning, so I have to leave after our commission meeting and get to the airport there, and -- but then the next night I can stay overnight -- I'll have to say that night, but the next night I can stay with my daughter-in-law, so that's -- there will only be one night expense as well. CHAIRMAN COYLE: Well, this is for what, just the F AC meeting? COMMISSIONER FIALA: It's for Legislative Days. CHAIRMAN COYLE: Oh, yeah. COMMISSIONER FIALA: F AC is having their Legislative Days. CHAIRMAN COYLE: Okay. Now, there are -- there are more than one commissioner who's going up there-- COMMISSIONER FIALA: I hope so. CHAIRMAN COYLE: -- as I understand it. COMMISSIONER COLETTA: I'm planning to go. I'm driving. CHAIRMAN COYLE: Okay. All right. Why don't you and Commissioner Hiller go up together. You can drive up and -- COMMISSIONER HILLER: Leo, since there's more than one commissioner going to Tallahassee, would it be prudent to notice that we're going on a fact-finding mission so that there isn't any question that there's any Sunshine violations? Would you take care of doing, you know, whatever sort of noticing is required? COMMISSIONER HENNING: I doubt it. COMMISSIONER HILLER: Or what would you do? I mean, how would you probably notice that? Page 330 January 25, 2011 COMMISSIONER HENNING: Don't go. MR. KLATZKOW: Well, no, you can go. Just -- if you're going to see a legislator, just see them separately. CHAIRMAN COYLE: Yeah. COMMISSIONER HILLER: I just want to make sure that there's no perception of any -- MR. KLATZKOW: No. Typically what we would do is if we had two commissioners, one would go one direction and the other would go the other direction. They make the rounds separately that way so they could have free discussions with the legislators. CHAIRMAN COYLE: And so we -- how many commissioners do we have going up? COMMISSIONER FIALA: I'm going. CHAIRMAN COYLE: Commissioner Fiala. COMMISSIONER COLETTA: I'm planning to go. CHAIRMAN COYLE: Okay. Commissioner Coletta, and Commissioner Hiller, right? COMMISSIONER HILLER: Hiller, that's correct. CHAIRMAN COYLE: Is that right? COMMISSIONER HILLER: Uh-huh. CHAIRMAN COYLE: Okay. So we've got three commissioners going up there. We really do need to -- or we should advertise it. You'll recall that we have a suit against us right now because two commissioners went to Bar Harbor, Maine, and were not even in the same room at the same time, and we're being sued. So even -- even publicly noticing that isn't apparently going to protect us from the nut cases out there. COMMISSIONER HENNING: You need to consult with your attorney, Mr. Chairman, not in the -- publicly advertised on this. It's-- COMMISSIONER FIALA: Staff member -- are any staff members going up? COMMISSIONER HENNING: You need legal advice. Page 331 January 25, 2011 COMMISSIONER COLETTA: Jeff? MR. KLATZKOW: Yeah, I generally go. Commissioners, the way we do this is you individually meet with the legislators. You're never in the same room talking with them, so there's no meeting. CHAIRMAN COYLE: Don't travel together. MR. KLATZKOW: Well, we eat lunch -- you just have pizza together. I mean, this is where this starts to get silly, these rules, in the environment we live in. You know, I mean, if you want to completely avoid anything, just only one of you go up, but I know it's important for you, you know, the commissioners to be there. COMMISSIONER FIALA: Yeah, Commissioner Coletta's -- MR. OCHS: The question was, do we have a -- do we have a requirement to notice? MR. KLATZKOW: There is nothing to notice because the public's not going to drive up to Tallahassee with us. There's no meeting to attend. CHAIRMAN COYLE: There's nothing wrong with telling the public that three commissioners are going to be in Tallahassee. MR. KLATZKOW: We can certainly tell them, yes, sir. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: And by the way, Sunshine Laws don't apply to the legislators up there. Isn't that interesting. MR. KLATZKOW: They wrote the law, ma'am. COMMISSIONER FIALA: Yeah, I know. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: So it's okay then for Sue to make these reservations? CHAIRMAN COYLE: Sure. COMMISSIONER FIALA: Okay. MR.OCHS: And I'll take care of the notice, if that's what the board wants. Page 332 January 25, 2011 CHAIRMAN COYLE: Finished? COMMISSIONER FIALA: Yes, I'm finished. Thank you. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yes. I would like to address your conduct towards me, Commissioner Coyle. Since I've joined this commission, you have been quite rude to me. You've been falsely accusatory, you've been somewhat paranoid. Overall, pedantic. And, quite frankly, I would like it to stop. You -- I asked you for an apology today because you were really over the top. You refused. Notwithstanding the fact that you're not going to give me an apology, I'm going to forgive you for your rudeness. CHAIRMAN COYLE: Thank you. COMMISSIONER HILLER: Because, quite frankly, I think it's somewhat projection, and I think it's also probably an anger-management issue. I've witnessed you lash out to members of the public. I've witnessed you lash out to members of this board. I watched how you were rude and abusive towards Commissioner Henning in the past. So I don't take your conduct towards me personally. I'm here to serve the public, and I will do that to the best of my ability. I will continue to ask all the questions I feel are necessary for me to satisfy that I have the knowledge to make an informed decision in the best interest of the people of Collier County and my constituents in the Second District. So I would ask that you please stop so that we can work together for the benefit of the community in a civilized manner. So as I said, I forgive you, notwithstanding your rudeness towards me. CHAIRMAN COYLE: Okay. Thank you very much, Ms. Hiller. COMMISSIONER HENNING: Motion to adjourn. CHAIRMAN COYLE: We will see how that works out. Thank Page 333 January 25, 2011 you very much. COMMISSIONER COLETTA: Motion and second. CHAIRMAN COYLE: Motion to adjourn. We are adjourned. Oh, wait a minute. No, we're not adjourned. No, we're not adjourned. We have a very important award to make today. Last night the East Naples Civic Association recognized Commissioner Fiala as the Citizen of the Year, and she was given this award. "Let it be known by all that Donna Fiala is honored on this 24th day of January 2011, by the East Naples Civic Association for her excellent effort and unfailing support of the East Naples community and all of Collier County . "Given on behalf of the Board of the East Naples Civic Association, Ted Beisler, president." And do you have a -- we ought to get a photograph of her. (Applause.) CHAIRMAN COYLE: Does anybody have a camera? COMMISSIONER FIALA: When they told me about it, I kept crying and crying. I was making such a fool of myself. Thank you. CHAIRMAN COYLE: Congratulations, old lady. COMMISSIONER FIALA: Thank you. Thanks, old man. ***** * * * * Commissioner Coy Ie moved, seconded by Commissioner Henning and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 MICHEL SAADEH OF THE VINEYARDS DEVELOPMENT CORPORATION REQUESTED A CLARIFICATION OF V A- PL2009-1460 CONDITIONS OF APPROVAL NUMBER 6 TO Page 334 January 25, 2011 ACCEPT LANDSCAPE PLANTINGS BETWEEN A GOLF COURSE MAINTENANCE BUILDING AND AN ABUTTING RESIDENTIAL DISTRICT; AND TO ACCEPT LANDSCAPE PLANTINGS THAT ARE LOCATED IN AN ABUTTING RESIDENTIAL DISTRICT INSTEAD OF ON THE REQUIRED MAINTENANCE BUILDING PROPERTY. THE SUBJECT PROPERTIES ARE LOCATED AT 400 VINEYARDS BOULEVARD, AND IN CLUBSIDE RESERVE IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - WITH THE FEE WAIVER OF $500 FOR THE TEMPORARY CERTIFICATE OF OCCUPANCY Item #16A2 ADVERTISE A PROPOSED AMENDMENT TO COLLIER COUNTY ORDINANCE NO. 2006-56, THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT, TO AMEND THE GEOGRAPHICAL BOUNDARIES OF THE MSTU TO REMOVE PROPERTIES THAT NO LONGER DERIVE BENEFIT FROM THE MSTU'S STATED PURPOSE AND TO CREATE AN ADVISORY COMMITTEE TO PROVIDE INPUT TO COUNTY STAFF AS TO FUTURE PROJECTS WITHIN THE MSTU - DUE TO OVERGROWTH OF VEGETATION AND THE ABILITY TO ACCESS AND TRAVEL ON ROCK ROAD Item #16A3 DECLARE FEBRUARY 25TH, 2011 COLLIER AREA TRANSIT'S TEN YEAR ANNIVERSARY AND TO PROVIDE COMPLIMENTARY RIDES TO ALL TRANSIT RIDERS DURING THIS DAY - COMPLIMENTARY RIDES WILL BE PROVIDED WITH A DISTRIBUTION OF BUS PASSES NOT TO Page 335 January 25, 2011 EXCEED $1500 AT THE EVENT Item #16A4 RECORDING THE REVISED FINAL PLAT OF LAKOY A, APPROVING THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVING THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A5 RESOLUTION 2011-11: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF VALENCIA PHASE ONE WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY - W/RELEASE OF THE MAINTENANCE SECURITY Item # 16A6 RESOLUTION 2011-12: CONDITIONAL FINAL APPROVAL OF THE ROADW A Y (PRIV ATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF QUAIL WEST PHASE III, UNIT SEVEN. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A7 PARTIAL RELEASE OF LIEN IN THE CODE ENFORCEMENT Page 336 January 25, 2011 ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. HERBERT A. SALGAT, JR., CODE ENFORCEMENT BOARD CASE NO. CESD20100002534, RELATING TO PROPERTY LOCATED AT 3660 23RD AVENUE SW, COLLIER COUNTY, FLORIDA - THE PROSPECTIVE BUYER HAS ALREADY MADE PAYMENT OF $330.57 AS A GOOD FAITH COMMITMENT TO THE PROPOSED SETTLEMENT, WHICH IS BEING HELD BY THE CODE ENFORCEMENT DEPARTMENT Item # 16A8 TEMPORARY CONSTRUCTION ACCESS INTO LEL Y RESORT FROM RATTLESNAKE HAMMOCK ROAD - THE COMMUNITY HAS REQUESTED THAT THE DEVELOPER PURSUE A TEMPORARY ALTERNATIVE CONSTRUCTION ACCESS Item #16C1 RESOLUTION 2011-13: SATISFACTIONS OF LIEN FOR THE 1996, ACCOUNT NUMBERS 19017,24167, 25933, AND 27821 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHERE THE COUNTY HAS RECEIVED PAYMENT IN FULL SA TISF ACTION OF THE LIENS. FISCAL IMPACT IS $58.50 TO RECORD THE SATISFACTIONS OF LIEN - FOR THE FOLLOWING FOLIO'S: #62761800008~#49482560006~#65121160000~#62099280002 Item # 16C2 SATISFACTION FORA CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENT. FISCAL IMPACT IS Page 337 January 25, 2011 $18.50 TO RECORD THE SATISFACTION OF LIEN - FOR FOLIO #77820840004 Item # 16C3 EXECUTE AND RECORD A SATISFACTION OF A NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT IS $18.50 TO RECORD THE SATISFACTION OF LIEN - FOR FOLIO #77820840004 Item #16C4 - Moved to Item #10P (Per Agenda Change Sheet) Item #16D1 GRANT AGREEMENT NUMBER 10235 FROM THE FLORIDA BOATING IMPROVEMENT GRANT PROGRAM IN THE AMOUNT OF $13,020 TO REMOVE DERELICT VESSELS; AND APPROVE ALL NECESSARY BUDGET AMENDMENTS - THERE ARE CURRENTLY FORTY-EIGHT VESSELS WITHIN COUNTY THAT WILL BE OFFICIALLY DOCUMENTED AND LEGALL Y REMOVED Item # 16D2 REJECTED SOLICITATION (ITB) #11-5622, FOR THE CONSTRUCTION OF BOAT TRAILER PARKING AND REPAIR OF THE EXISTING BOAT RAMP AT PORT OF THE ISLANDS- WITH THE BIDDING CONTRACTOR SUBMITTING A BID 55% OVER THE ENGINEER'S ESTIMATE Item #16D3 Page 338 January 25, 2011 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. "STANDARD CONTRACT" AND APPROVE BUDGET AMENDMENTS TO REFLECT THE ACTUAL GRANT A WARD FOR THE OLDER AMERICANS ACT PROGRAM TITLE III IN THE AMOUNT OF $934,162 - WITH THE LOCAL MATCH REQUIREMENT OF $83,574, WHICH WAS BUDGETED DURING THE 2011 BUDGETING PROCESS Item #16D4 CHANGE ORDER NO.1, TO CONTRACT #08-5083 WITH HEART OF ADOPTIONS ALLIANCE, INC. FOR DISTRIBUTION OF CHOOSE LIFE FUNDS - INCREASING THE FUNDS FOR ADOPTION AWARENESS ACTIVITIES BY $80~000 Item #16D5 AWARD BID NO. 11-5634 FOR DOCTORS PASS NORTH JETTY REHABILITATION TO KELLY BROTHERS, INC. FOR $653,200 AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE STANDARD CONTRACT AFTER COUNTY ATTORNEY REVIEW AND APPROVAL - FOR THE PLACEMENT OF 3,800 TONS OF ARMOR STONE AND TO REBUILD THE JETTY, AS- BUILT SURVEYS AND ENVIRONMENTAL PROTECTION MEASURES Item #16D6 AWARD OF BID NO. 11-5637 FOR NAPLES BERM RESTORATION TO EASTMAN AGGREGATE ENTERPRISES, LLC FOR $946,167.20 AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE STANDARD CONTRACT AFTER COUNTY Page 339 January 25, 2011 ATTORNEY REVIEW AND APPROVAL - THIS PROJECT WILL COMPLETE THE SECOND PHASE OF EMERGENCY RESOLUTIONIRENOURISHMENT AS A RESULT OF WINTER STORMS AND TROPICAL STORM FAY Item #16D7 BUDGET AMENDMENT RECOGNIZING $863,854.48 IN REVENUE GENERA TED IN THE FORM OF PROGRAM INCOME WHEN CONVEYING PROPERTIES ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM- FOR THE FOLLOWING PROPERTIES: 5501 17TH AVENUE SW; 2820 39TH AVENUE NE; 2560 66TH AVENUE NE; 4141 47TH AVENUE NE; 2040 46TH TERRACE SW; 2540 50TH AVENUE NE; 3765 29TH AVENUE NE; 781 GOLDEN GATE BLVD.; 3620 20TH AVENUE NE; 5360 19TH PLACE SW; 374441 ST AVENUE NE AND 2540 47TH AVENUE NE Item #16D8 - Moved to Item #10N (Per Agenda Change Sheet) Item #16El RESOLUTION 2011-14: ADDING THE LOAN OPTION TO THE 457 PLAN AGREEMENTS WITH ICMA-RC AND NATIONWIDE RETIREMENT SOLUTIONS, INC., AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE IMPLEMENTING RESOLUTION AND OTHER REQUIRED AGREEMENT DOCUMENTS Item #16E2 REJECT SOLICITATION (ITB) #10-5588 FOR THE PURCHASE Page 340 January 25, 2011 AND DELIVERY OF FUNGICIDES, PESTICIDES AND HERBICIDES AND THE ASSOCIATED QUOTES THAT WERE SUBMITTED. THE ANNUAL IMPACT ASSOCIATED WITH THIS SOLICITATION IS APPROXIMATELY $350,000 - A NEW SOLICITATION IS TO BE ISSUED IN ORDER TO STREAMLINE THE ORDER AND PAYMENT PROCESS Item #16E3 RESOLUTION 2011-15: RESOLUTION PROVIDING FOR THE ACCEPTANCE OF REBATES FROM EMPLOYEE BOOK FAIRS - THE REBATES RANGING FROM 10% TO 15% DEPENDING ON THE COMPANY Item #16E4 RECOMMENDATION TO APPROVE AN AGREEMENT WITH THE CITY OF MARCO ISLAND FOR THE USE OF MACKLE PARK FACILITY, ROOM A, FOR A TOWN HALL MEETING WITH COMMISSIONER FIALA - TENTATIVELY HELD ON MARCH 30,2011 AND LOCATED AT 1361 ANDALUSIA TERRACE~ MARCO ISLAND Item #16F1 ACCEPT AN A WARDED VOLUNTEER FIRE ASSISTANCE MATCHING (50/50) GRANT FROM THE FLORIDA DIVISION OF FORESTRY FOR THE PURCHASE OF REQUIRED WILDFIRE PROTECTIVE CLOTHING AND FIREFIGHTING FOAM, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS - FOR FIREFIGHTER SAFETY AND FIREFIGHTING CAPABILITIES Page 341 January 25, 2011 Item #16F2 - Moved to Item #100 (Per Agenda Change Sheet) Item #16F3 CHANGE ORDER #2 FOR COMMUNICATIONS CONSULTANTS, INC. D/B/A BCF OF FLORIDA, INC. CONTRACT #07-4175 IN THE AMOUNT OF $25,000 FOR A NEW PUBLIC RELATIONS PROJECT TO DEVELOP AND PRODUCE THE "JOURNEY THROUGH PARADISE" PROMOTION - THAT WILL FOLLOW FAMED PHOTOGRAPHER ALAN MALTZ THROUGH THE PROCESS OF PHOTOGRAPHING COLLIER COUNTY FROM AN ART PERSPECTIVE Item #16F4 CHANGE ORDER #4 TO CONTRACT #06-4037 WITH MILES MEDIA GROUP, INC. IN THE AMOUNT OF $33,588 FOR PRODUCTION OF THE 2011 VISITOR GUIDE - FOR THE REWRITING OF TEXT, REDESIGN OF SEVERAL SECTIONS, NEW PHOTOGRAPHY AND THE PRINTING OF 100,000 COPIES OF THE 2011 VISITORS GUIDE Item #16F5 CHANGE ORDER #3 TO CONTRACT #07-4169, RESEARCH DATA SERVICES, INC. FOR ADDITIONAL RESEARCH PROJECTS TOTALING $25,000 FOR ENHANCED RETURN ON INVESTMENT (ROI) REPORTING AND ADDITIONAL FOCUS GROUP STUDIES AND RELATED EXPENSES FOR THE CONSUMER AND GROUP MEETINGS MARKET - FOR Page 342 January 25, 2011 ADDITIONAL EXPENSES, INCLUDING TRAVEL TO CONDUCT NEW YORK FOR FOCUS GROUP RESEARCH, ENHANCED RETURN ON INVESTMENT TRACKING AND REPORTING STUDIES AND A NEW ON-LINE RESEARCH PROJECT WITH MEETING PLANNERS RELATED TO THE MEETINGS MARKET Item #16F6 PREP A YMENT OF THE NAPLES PARK AREA STORMW A TER IMPROVEMENT ASSESSMENT BOND, SERIES 1997 IN THE AMOUNT OF $175,000; PLUS INTEREST ACCRUED - WITH THE PREPAYMENT TAKING PLACE FEBRUARY L 2011 Item #16H1 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE EAST NAPLES CIVIC ASSOCIATION ANNUAL BANQUET ON JANUARY 24,2011 AT NAPLES LAKES COUNTRY CLUB IN NAPLES, FL. $40 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 4784 INVERNESS CLUB DRIVE~ NAPLES Item #16H2 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE OPERA NAPLES TEA WITH LUCIA PRESENTATION ON JANUARY 12,2011 AT BRAMBLES TEA ROOM IN NAPLES, FL. $35 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - Page 343 January 25, 2011 LOCATED AT 340 5TH AVENUE SOUTH~ NAPLES Item #16H3 COMMISSIONER COLETTA'S PROCLAMATION PRESENTATION TO THE NAACP FOR THEIR 14TH ANNUAL DR. MARTIN LUTHER KING JR., PARADE AND CELEBRATION. SPONSORED BY COMMISSIONER COLETTA Item #16H4 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED EAST NAPLES CIVIC ASSOCIATION ANNUAL BANQUET AT NAPLES LAKES COUNTRY CLUB IN NAPLES, FL. $40 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET- LOCATED AT 4784 INVERNESS CLUB DRIVE~ NAPLES Item #16H5 COMMISSIONER HENNING'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE WILL ATTEND CA TO PERSPECTIVES 2011 AT THE RITZ CARLTON GOLF RESORT IN NAPLES, FL ON FEBRUARY 9, 2011, $100 TO BE PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET- LOCATED AT 2600 TIBURON DRIVE~ NAPLES Item #1611 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH Page 344 January 25, 2011 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 345 THERE WAS NO MISCELLANEOUS CORRESPONDENCE AGENDA ITEM #1611 FOR THE JANUARY 25,2011 BOARD OF COUNTY COMMISSIONERS MEETING January 25, 2011 Item #16Jl DISBURSEMENTS FOR THE PERIOD OF DECEMBER 25, 2010 THROUGH DECEMBER 31,2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J2 DISBURSEMENTS FOR THE PERIOD OF JANUARY 1,2011 THROUGH JANUARY 7, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J3 PURSUANT TO FLORIDA STATUTE 318.18(13)(B) THE CLERK OF THE CIRCUIT COURT IS REQUIRED TO FILE THE AMOUNT OF TRAFFIC INFRACTION SURCHARGES COLLECTED UNDER FLORIDA STATUTE 318.18(13)(A)(1) WITH THE BOARD OF COUNTY COMMISSIONERS - THE REPORT IS ALSO PROVIDED TO THE CHIEF JUDGE OF THE CIRCUIT, THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES Item #16K1 AMENDMENTS TO AGREEMENTS FOR LEGAL SERVICES RELATING TO CONTRACT NO. 06-4047 EMINENT DOMAIN LEGAL SERVICES WITH THE LAW FIRMS OF FIXEL, MAGUIRE & WILLIS AND BRICKLEMYER, SMOLKER & BOLVES EXTENDING THE EXPIRATION DATES TO APRIL 22,2013. THERE IS NO NEW FISCAL IMPACT ASSOCIATED Page 346 January 25, 2011 WITH THESE AMENDMENTS - FOR SPECIALIZED LEGAL SERVICES IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY THROUGH EMINENT DOMAIN PROCEEDINGS Item #16K2 RESOLUTION 2011-16: RESOLUTION AUTHORIZING THE AUTHORITY TO ISSUE REVENUE BONDS FOR HEALTHCARE FACILITIES AT NAPLES COMMUNITY HOSPITAL - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K3 COUNTY ATTORNEY TO FILE A LAWSUIT, ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AGAINST DAD DEVELOPMENT CORP., REGARDING PEBBLEBROOKE LAKES, FOR FAILURE TO COMPL Y WITH THE DEVELOPER AGREEMENT DATED OCTOBER 14,2008, WHICH REQUIRES THE DEVELOPER TO EXTEND A WALL AND INSTALL A LANDSCAPE BUFFER WITHIN A PRESERVE AREA BORDERING ADJACENT RESIDENTIAL PROPERTIES - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K4 COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AGAINST RODNEY R. BONARD, IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER THE DAMAGES TO Page 347 January 25, 2011 COUNTY OWNED GUARDRAILS IN THE AMOUNT OF $2,988.99, PLUS COSTS OF LITIGATION - FOR A VEHICLE ACCIDENT THAT OCCURRED ON DECEMBER 27, 2008, FOR WHICH MR. BONARD DIDN'T HAVE VALID AUTOMOBILE INSURANCE Item #16K5 COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AGAINST JUSTINA T. MENACHIO AND RANISHA L. KNOWLES, IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER THE DAMAGES TO A COUNTY OWNED FENCE IN THE AMOUNT OF $2,935.30, PLUS COSTS OF LITIGATION- FOR A VEHICLE ACCIDENT THAT OCCURRED ON MARCH 30,2009, THAT HAD NO INSURANCE AND OWNED BY MS. MENACHIO WHICH MS. KNOWLES WAS OPERATING Item # 16K6 - This Item is continued to a future BCC Meeting (Per Agenda Change Sheet) SCHEDULE FOR SUBMISSION OF NON-ROUTINE DOCUMENTS BY STAFF TO THE COUNTY ATTORNEY FOR LEGAL REVIEW PRIOR TO SUBMITTAL FOR BOARD ACTION - SO THAT LEGAL REVIEW OF A DOCUMENT IS NOT DONE IN A HASTY MANNER OR HAVING TO REQUEST AN ITEM BE CONTINUED Item #16K7 - This Item was Withdrawn (Per Agenda Change Sheet) RELEASE OF THE ORDER RECORDED IN THE CODE Page 348 January 25, 2011 ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. DALE AND KERI ANN OCHS, CODE ENFORCEMENT BOARD CASE NO. CEVR20090000974, RELATING TO PROPERTY LOCATED WITHIN THE BIG CYPRESS NATIONAL PRESERVE, COLLIER COUNTY, FLORIDA - FOR FOLIO #01138800003 Item # 1 7 A ORDINANCE 2011-02: ORDINANCE AMENDING ORDINANCE 92-60 AS AMENDED, THE COLLIER COUNTY TOURIST DEVELOPMENT TAX ORDINANCE, IN ORDER TO REDUCE THE TOURISM EMERGENCY RESERVE FUND 196 CEILING AND ELIMINATE THE YEAR END SWEEP OF FUNDS FROM TOURISM ADMINISTRATION FUND 194 TO FUND 195 AND 183, AND REDIRECT THOSE FUNDS TO TOURISM PROMOTION FUND 184 FOR TOURISM MARKETING AND PROMOTION Item #17B RESOLUTION 2011-17: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2010-11 ADOPTED BUDGET Page 349 January 25, 2011 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8:56 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL '1uJ.. W. ~ FRED COYLE, Chairman. ATTEST: DWIGg~ E.;.~CK, CLERK :;j? . ~\ .....~~ :~~ . OJ.. ". ,\ ," \.~-' . :~ ; ....0, Atus,t If ..~ ChltiJjj.>.',- H,9fttturt Oft.f.J'1 "~'J These minutes aTPoved by the Board on J..dLk..::J 22 J ~o II , as presented _~ or as corrected - TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY CHERIE' NOTTINGHAM and TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 350