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BCC Minutes 05/24/2011 R May 24,2011 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida May 24,2011 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 Crystal Kinzel, Director of Clerks Finance & Accounting Ian Mitchell, Executive Manager to the BCC 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 May 24, 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. SPEAKJj:RS MUST REGISTER WITH THE EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 May 24, 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. Rabbi Adam Miller of Temple Shalom 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. April 26, 20 II - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. EMPLOYEE Page 2 May 24, 20] 1 1) 20 YEAR ATTENDEES a. Mary Valcante, Pollution Control b. Jacqueline Lockerby, EMS 2) 30 YEAR ATTENDEES a. Skip Camp, Facilities Management 4. PROCLAMATIONS A. Proclamation designating May 24,2011 as Thomas S. Monaghan Day. To be accepted by Thomas S. Monaghan. Sponsored by Commissioner Coletta. B. Proclamation designating May 24,2011 as Nicholas J. Healy Day. To be accepted by Nicholas 1. Healy. Sponsored by Commissioner Coletta. C. Proclamation designating June 6 to June 10,2011 as Code Enforcement Officers' Appreciation Week. To be accepted by Diane Flagg and Members of the Code Enforcement Department. Sponsored by Commissioner Coletta. D. Proclamation designating May 24, 2011 as Gulfshore Playhouse Day. To be accepted by Kristen Coury, Founder & CEO, Bob Harden, Board Chairman, and Melanie Lisby, General Manager. Sponsored by Commissioner Hiller. E. Proclamation designating May, 2011 as Internal Audit Awareness Month. To be accepted by Megan Gaillard, Allison Kearns, Pat Blaney, Ron Dortch and Bruce Brister from the Clerk's Internal Audit Department. Sponsored by Commissioner Coyle. F. Proclamation designating May, 2011 as Trauma Awareness Month. To be accepted by Kathy Wecher of Lee Memorial Health Systems, and Dan Robbins, Trauma Survivor. Sponsored by Commissioner Coletta. 5. PRESENTATIONS Page 3 May 24, 20] ] A. Presentation of the Collier County "Business of the Month" award to Florida Specialties ofImmokalee. Accepting the award will be Ron Bailey, Jr., Florida Specialties CFO. 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than I :00 om unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item was continued from the April 12. 2011 BCC Meeting. Petition CP-2008-5, requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, re-designation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, staffrequests amendments to the Future Land Use Map and Map Series of the Future Land Use Element to show the re-designation of the 103 acres to the Immokalee Urban Area. (Adoption Hearing) B. Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for the incorporation, by reference, of the trip generation rate analysis entitled "Transportation Impact Fee Calculations for Select Land Uses," conducted related to the Church, Convenience Store with Gas Pumps, Manufacturing, Small Medical Office and Warehouse land uses; amending Schedule One of Appendix A to provide for the new and amended land use categories and impact fee rates; providing for definitions for the new land use categories; updating the provisions related to the use of impact fee credits and providing for a delayed effective date of September I, 20 II, in accordance with the notice period requirements of Section 163.3180 I, Florida Statutes. Page 4 May 24, 20] 1 ",- ""'-'~-"-"""-_."''''~''--'--.'-"'-''~_.'----".'-----_._---_..<..""."'"'----,-_.._.~.---._._-~.... 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Pelican Bay Services Board. B. Appointment of member to the Industrial Development Authority. 10. COUNTY MANAGER'S REPORT A. Provide the Board of County Commissioners with the annual update of the progress of the Horizon Study Oversight Committee, authorized by Resolution 2009-38. (Mike Bosi, AICP, Comprehensive Planning Manager, Land Development Services, Growth Management Division/Planning & Regulation) B. Recommendation to renew the current franchise agreements with Waste Management Inc. of Florida, and Choice Environmental Services of Collier, Inc. for the collection of municipal solid waste, recyclable and electronic materials and yard waste in Districts I and II, respectively, for the contractually prescribed term of seven years, ending at II :59 PM on September 30, 2020, and authorize the Chairman to sign the renewal agreements. (Joe Bellone, Utility Billing and Customer Service Manager) C. Recommendation that the Board of County Commissioners authorize a Budget Amendment for the purpose of funding the necessary Panther Habitat Units (PHU's) required for the Oil Well Road Project (Project #60044) per terms of the Wetland Mitigation and Panther Habitat Unit Agreement with Barron Collier Companies approved by the Board on February 24,2009. (Jay Ahmad, Director, Transportation Engineering) 11. COUNTY ATTORNEY'S REPORT A. Request for authorization to advertise and bring back for future consideration an amendment to Chapter 49 of the Collier County Code of Laws and Ordinances, relating to economic development, which will establish additional criteria to be evaluated (I) when there is a request to lessen or waive certain requirements in existing economic development ordinances and programs, and (2) when there is an application seeking grants and/or other incentives which fall outside existing economic development ordinances and programs. Page 5 May 24, 20] 1 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 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) Recommendation to approve final acceptance of the water utility facility for Southwinds Mobile Home Park, 302 Fillmore Street, and authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 2) Recommendation to acknowledge the Vacation ofthe 50-foot wide temporary drainage easement as shown on the plat ofItalia, as recorded in Plat Book 47, Pages 68 through 70, public records of Collier County, Florida. 3) Recommendation to approve the purchase of a parcel of right-of-way, along with a temporary driveway restoration easement, both of which will be required for the four-Ianing of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project #60040. (Fiscal Impact: $9,500) 4) Recommendation that the Board of County Commissioners set a public hearing date of September 13,2011 for consideration of a Development of Regional Impact Development Order for the Hacienda Lakes Project, Petition Number DRI-2006-AR-10147, Page 6 May 24, 20] 1 ..,,-..-- -- .--.-.---- _.'-_._'''-"'._----_.---._----._,...~._~......~'_._.._.,..---,-~---'-'""_.,~..~.__._-~,_.-.~.-._~._,....__._,..,----,--~-~_..._...-.-_..._---_......- -.. ..............-.-.-... located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake-Hammock Road and north and south of Sabal Palm Road in Sections II through 14, 23 through 25, Township 50 South, Range 26 East, and Sections 19 & 30, Township 50 South, Range 27 East, Collier County, Florida. 5) Recommendation for Board approval of the short-list of design professionals pursuant to RFP # 11-5639 and to enter into negotiations between Collier County and TYLlN International, Inc., for "Design & Related Services for replacement ofCR29 Bridge #030161 over Chokoloskee Bay". (Project #66066) 6) Recommendation that the Board of County Commissioners authorize its Chairman to execute a Sovereignty Submerged Lands Easement instrument with the Board of Trustees of the IntemalImprovement Trust Fund of the State of Florida (TIITF) for existing roadway bridges crossing the Cocohatchee River and one of its tributaries on Vanderbilt Drive within an existing right-of-way. Project #69081. (Fiscal Impact: Recording fee not to exceed $75) 7) Recommendation to reject Bid # 11-5662, the Lely Municipal Service Taxing Unit ("MSTU") Doral Circle Bridge Renovation. 8) Recommendation the Board of County Commissioners to enter into a Landscape Maintenance Agreement with Diamond Lake Condominium Association, Inc. for work performed along the County Right-of- Way along Piper Boulevard to be maintained by the Association. 9) Recommendation to award ITB #11-5663, Traffic Operations Signal Components & Hardware on a Line Item Basis to each individual qualified lowest bidder: Temple, Inc., Rainbow Distributors, Inc., Control Technologies of Central Florida, Inc., Graybar Electric Co, Inc., and TPFL, Inc. (Estimated annual expense is: $300,000) 10) Recommendation for Board approval of the short-list of design professionals pursuant to RFP #11-5690 and enter into negotiations between Collier County and Atkins North America, Inc., for "Construction Engineering and Inspection (CEI) and Related Services Page 7 May 24, 2011 for SR84 (Davis Boulevard) Radio Road to Collier Boulevard; SR84/CR95I Intersection Improvements; Collier Boulevard (CR 951) north to Magnolia Pond Drive; and CR951 (Collier Boulevard) north to the Main Golden Gate Canal". (Project #60073 & #60092) 11) Recommendation to award Bid #11-5674, "Boston Avenue Sidewalk Improvements" for construction of sidewalk improvements on both sides of Boston A venue from South 9th Street to South I st Street to Stevens & Layton, Inc. in the amount $152,353.55 to be reimbursed by FDOT under a LAP Agreement. (Project #33122) 12) Recommendation to award Bid #11-5679, "Intersection of Lake Trafford Road at SR29" for construction of intersection improvements on Lake Trafford Road and SR29 to Gulf Paving Company, Inc., in the amount $982,923.32, of which $750,000 will be reimbursed by FDOT under a LAP Agreement. (Project #33124) 13) Recommendation that the Board of County Commissioners direct the County Manager or his designee to prepare an amendment to Ordinance Number 09-22, Planned Unit Development (PUD) time limits and time limit extension requirements as found in Section I 0.02.13.D of the Collier County Land Development Code (LDC) to extend the tolling time frame from May 12,2011 to May 12,2012. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve submittal of a Rural Business Enterprise Grant (RBEG) application to U.S. Department of Agriculture (USDA) Rural Development to augment business support, resources, services and technical assistance provided through the Immokalee Business Development Center (lBDC) in the amount of $165, 180 and approve all necessary budget amendments. 2) Recommendation for the Collier County Board of County Commissioners (BCC) acting as Community Redevelopment Agency (CRA) approve after-the-fact submittal of a Community Development Block Grant (CDBG) grant application to Collier County Housing, Page 8 May 24, 2011 Human & Veteran Services (HHVS) seeking grant funding in the amount of $140,000 to support improvements to the pedestrian crosswalks in the Immokalee Central Business District. 3) Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a Right of First Refusal Agreement with Bayshore CAP A Center, Inc. in consideration of a potential future purchase of CRA owned land; execute a Right of Entry for that land and approve the Chairman to sign. (Fiscal Impact: None) 4) Recommendation the Community Redevelopment Agency (CRA) accept conveyance of County-owned property (mobile home sites) within boundaries of the Bayshore/Gateway Triangle Redevelopment Area to enact the residential infill provision of the CRA's Master Redevelopment Plan; authorize CRA Chairman to sign the HUD Settlement Statement; direct CRA staff to record an executed Statutory Deed from the County; and approve payment and authorize CRA Executive Director to make payment from Bayshore Gateway Triangle CRA Fund 187 for all costs and expenses necessary to close the transaction and insure clear title of same. Site Addresses: 3000, 3152 & 3205 Karen Drive. Fiscal Impact to Fund 187: $41,642.18. (Companion to Item #16EI2) 5) Recommendation to approve a budget amendment authorizing the Community Redevelopment Agency (CRA) to reallocate $1,117,939.01 within the previously approved Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) funded grant budget for the Downtown Immokalee Stormwater Improvements project. These funds will be deducted from the Land Capital Outlay line item and added to the Other Contractual Services line item and will result in a zero increase or decrease in the overall project budget. C. PUBLIC UTILITIES DIVISION 1) Recommendation to waive competition and authorize sole-source purchase of closed circuit televisi on pipeline inspection vehicles and pipeline inspection parts from Community Utilities Environmental Services, Inc., and approve the purchase of a replacement pipeline Page 9 May 24, 2011 """_~_""~""".""''''__''_'''''O''~'.~,_~'"''~''_''_'_~'''"_'"'_"'"__~"''-'''-''~'_'''"~"__~_~~''''_'''''''''.'~~_'~~_.'_'_..~.~..__~___..~___~_ inspection vehicle in the amount of $199,920. 2) Bid #11-5657, Grease Hauling Services, to Rockfill Associates D/B/A Crews Environmental, Inc. in an estimated annual amount of $50,000. 3) Recommendation to award Bid # 11-5653, "Riverwood Water Distribution System Replacement" in the amount of $955,626.67 to Andrew Site Work, LLC, to rehabilitate a potable water distribution system that serves the Riverwood Subdivision. (Project #71 0 I 0.5) 4) Recommendation to approve a utility easement to the Collier County Water-Sewer District for construction and maintenance of water utilities for the landfill gas-to-energy facility at the Collier County Landfill, at no cost to the County. 5) Recommendation to approve a work order in the amount of $235,283.56 to Quality Enterprises USA, Inc., for Lift Station 310.0 I Rehabilitation under Contract #08-5011, Annual Contract for Underground Utility Contracting Services. (Project #70046) 6) Recommendation to award Contract #1 1-5673, "Disaster Debris Removal and Disposal Services" to three firms, and approve Ash Britt Environmental Services, Inc., as the initial debris removal contractor in operational readiness for the 20 II Hurricane Season. The firms provide post-disaster equipment and human resources for collection, removal and disposal of disaster generated debris, which will ensure prompt, timely & efficient restoration of essential services. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve and authorize the Chairman to sign an amendment to a 2009-20 I 0 Community Development Block Grant (CDBG) Subrecipient Agreement with the City of Marco Island approved February 23,2010 (Item #16DI). This amendment is to revise Exhibit A, to update scope, budget, outcome performance measures, and extend project milestone schedule dates in order to facilitate reimbursement. Page 10 May 24, 20]] _...._-.,..--~.~_._'___._..__._.~.~~_____,,__""_.__...._.....__M_',"""'_.,,~____,'~~'~.__._~ 2) Recommendation to approve and authorize the Chairman to sign a subrecipient agreement in the .amount of$37,707 using 2009-2010 Department of Housing and Urban Development (HUD) operating grant funds which have been designated for a Community Housing Development Organization (CHDO). Florida Non-Profit Services, Inc. (FNPS) is the CHDO which will receive grant funds, and will use them towards the salary and benefits of one (I) staff person who will provide accounting and administrative services to increase the CHDO's capacity. 3) Recommendation to waive formal competition and approve additional funding to continue consulting services with York Claims Services, Inc. (PO #4500105855) providing Collier County support required for FEMA claims for Tropical Storm Gabrielle, Hurricane Katrina and Hurricane Wilma for time and material not to exceed $65,000. 4) Recommendation to approve and authorize the Chairman to sign three (3) Community Development Block Grant-Recovery (CDBG-R) subrecipient grant amendments to the agreements incorporating additional American Recovery and Reinvestment Act of 2009 (ARRA) reporting requirements in response to Ernst and Young's Single Audit Management Letter Observation 20 I 0-2. 5) Recommendation to approve and authorize Chairman to sign four (4) satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance or repayment in full to Collier County. 6) Recommendation to approve and authorize Chairman to execute an amendment to a Florida Boating Improvement Program (FBIP) Grant extending completion date of the Bayview Park Improvement Project. 7) Recommendation to approve and ratify Staft's extension of Contract #06-3971 "General Contracting Services" with PBS Construction, Inc. and related Work Order #45-124175, "Goodland Boat Docks Installation of Ladders & Cleats" for $14,620 in order to process the final invoice for work completed. Page 11 May 24, 20] 1 8) Recommendation to award Bid #11-5628 to OAC Action Construction, Corp. for the construction contract of the Tigertail Beach Dune Walkover & Boardwalk Improvement Project #90093.1. and authorize the Chairman to execute the standard contract after County Attorney approval. 9) Approve and authorize the Chairman to sign an amendment to the Collier County Hunger and Homeless Coalition (HHC) Subrecipient Agreement for U.S. Department of Housing and Urban Development (HUD) Homeless Prevention and Rapid Re-Housing (HPRP) Grant approved by the Board on September 15,2009, Item #16DI9. This amendment will allow for revision of Exhibit A of the Subrecipient Agreement to accommodate the HHC's request to no longer include Homeless Management Information System (HMIS) activities and to allow HHC to more fully expend grant funds. 10) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign six (6) Homelessness Prevention and Rapid Re-Housing (HPRP) amendments to the subrecipient grant agreements incorporating additional American Recovery and Reinvestment Act of2009 (ARRA) reporting requirements in response to Ernst and Young's Single Audit Management Letter Observation 20 I 0-2. 11) Recommendation to approve and authorize the Chairman to sign a "Grantee Application for Advance Funding" to access funding for the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. Funding provided through Memorandum of Understanding #LHZ25 from the Florida Department of Children and Families. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution 2004-15 for the Second Quarter of FY 11 . 2) Recommendation to approve a Donation Agreement with Corkscrew Regional Ecosystem Watershed Land and Water Trust, Inc. (CREW) Page 12 May 24, 20] ] for 9.17 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,000. 3) Recommendation to approve a First Amendment to Lease Agreement, a/k/a the Cattle Lease, for the Pepper Ranch Preserve under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the Lease Amendment terms. 4) Recommendation to approve an access easement to the Florida Department of Environmental Protection (FDEP) and Declaration of Restrictive Covenant which will allow FDEP to monitor the cattle-vat clean-up site at the Pepper Ranch Preserve and restrict public uses within the cattle-vat clean-up site. 5) Recommendation to authorize release of $250,000 held in escrow to Lake Trafford Ranch, LLLP, the seller of the Pepper Ranch Preserve, and approve the associated budget amendment. 6) Recommendation to approve Bid # 11-5644, "On-Call Roofing Contractor Services" to West Coast Florida Enterprises Inc. and Crowther Roofing Company. 7) Recommendation to accept a report concerning the sale and donation of items associated with a County surplus auction held April 30, 2011, resulting in gross revenue of$187,456.50. 8) Recommendation to authorize a budget amendment to increase the County-Wide Capital Budget, Fund 301, Project #52525, General Building Repairs by $250,000 by moving funds from Fund 301, Reserves for Contingencies; for the purpose of correcting a problem in the County's high voltage switchgear located in Building K and serving various buildings at the Government Center campus. 9) Recommendation to approve and ratify staffs Zero-Dollar Time Extension of Contract #09-5195 with Boran Craig Barber Engel Construction Co. (BCBE) in order to process the contractor's final invoice for work completed on the Marco Island Library Rose Hall Addition; and authorize the County Manager or his designee to sign the necessary documents. Page 13 May 24, 20] 1 ..~~,.,__.a_~,~.>_,__._,_.-..__~..,.~",~.___,.,.,.__..,__'.'_'~_,"._~~_,,_______.~......,_,...,~~_~~,.._,,_.__ 10) Recommendation to authorize the release of$27,105 in final payment and retainage amounts for the project known as Underground Storage Fuel Tanks Removal and Replacement, Bid #09-5237, to the bond provider for Surge Solutions Group, Inc., Evergreen National Indemnity Company. 11) Recommendation to approve and authorize an amendment to Exhibit B to a Board approved agreement with Lely Community Development District for them to supply irrigation quality water to the combined site of the Emergency Services Center and South Regional Library at no additional cost to the County, and authorize the Chairman to sign the necessary documents following County Attorney review. 12) Recommendation to approve a Resolution authorizing Chairman of the Board of Collier County Commissioners to execute a Statutory Deed for conveyance of County-owned property (mobile home sites) within the Bayshore/Gateway Community Redevelopment area to the Collier County Community Redevelopment Agency (CRA); and waive any code enforcement penalties levied against the property that is not associated with costs incurred by the County Code Enforcement Department to abate violations at the Site Addresses: 3000,3152 & 3205 Karen Drive. Fiscal Impact: None. (Companion to Item #16B4) F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and authorize purchase of a replacement Water Tender Pumper from the Florida Sheriff's Bid List for the Ochopee Fire Control District. 2) Authorize the County Attorney to advertise an Ordinance for future consideration which would amend Ordinance No. 04-12, as amended, adding provisions relating to requirements for certificate holders operating Non-Transport Advanced Life Support (ALS) Services. 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010-11 Adopted Budget. G. AIRPORT AUTHORITY Page 14 May 24, 201] -."'--'''--~'~''''"-''~.''--''----"'-''_'~~''~'~~_<~"''"___.__ _,'-"_"'-_~_.~____...~,~~_._._.".,_"'.__""_~~~_.,.__.,.__.,.__..,_o~" ,~,.,..___,,_~.__~., __.".....,_.._ 1) Approve budget amendments for $612,320 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at the Marco Island Executive Airport, Immokalee Regional Airport and Everglades Airpark. 2) Recommendation to approve a t-hangar lease agreement between the Collier County Airport Authority and Exec Air, Inc. of Naples, and High Soaring, Inc. and Aircraft Maintenance of Southwest Florida. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the City of Everglades National Day of Prayer luncheon at Everglades City Hall, Everglades, FL on May 5, 201 I. $7.50 to be paid from Commissioner Coletta's travel budget. 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attending the Gulf Citrus Growers Association 20 II Annual Meeting and 25th Anniversary Celebration at Labelle Civic Center, Labelle, FL. $10 to be paid from Commissioner Coletta's travel budget. 3) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Eastern Collier Chamber of Commerce Breakfast in Immokalee, FL on April 6, 20 II. $15 to be paid from Commissioner Coletta's travel budget. 4) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Collier County Medical Society's Annual Meeting & Installation of 53rd President at Grey Oaks Country Club, Naples, FL on May 7, 2011. $50 to be paid from Commissioner Coletta's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Page 15 May 24, 2011 Attended the League of Women Voters of Collier County Luncheon on May 9, 2011 at the Naples Hilton in Naples, FL. $20 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to files forrecord with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period April 23, 20 II through April 29, 20 II and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period April 30, 20 II through May 6, 20 II and for submission into the official records of the Board. 3) Recommendation that the Board of County Commissioners approve a budget amendment in the amount of$9,912.46 recognizing Federal HHS Vote Program Grant Award 2006 Funds for Voting Accessibility for Individuals with Disabilities. K. COUNTY ATTORNEY 1) Recommendation to authorize County Manager or his designee to sign police affidavits, or other agreements, authorizing the Sheriffs Office to issue trespass warnings for unauthorized use of County property. 2) Recommendation to approve and authorize the Chairman to sign a retainer agreement with the law firm of Henderson Franklin to represent the County through trial in the lawsuit entitled Darling Elie, Individually and as Guardian of Jadarrien Elie, a minor child v. Collier Counzy, et. aI., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-1463-CA, for a total not to exceed $100,000 without prior authorization. 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 Page 16 May 24, 20] ] _~'~'_""'_~'"'_"_"'~""'_~'~"~~^,'_'" .'_'__'''_'''_''__'''__''''~~_..'_''N' _,_.....,.."..,,_ ""..m_..., .. .,' .. _......".,._ .... m~_...____..,_.~.,..._._._.. ___,__,_,__,_ ____"__..___. RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex-parte disclosure be provided bv Commission members. Should a hearing be held on this item. all participants are required to be sworn in. PUDZ-2005-AR-8674, Grace Romanian Baptist Church of Naples CFPUD. An ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending appropriate zoning atlas map or maps by changing the zoning classi fication of the herein described real property from an Agricultural (A) Zoning District with a portion of the real property in a ST Overlay (Special Treatment) to a Community Facility Planned Unit Development (CFPUD) Zoning District with removal of the ST Overlay for a project known as Grace Romanian Baptist Church of Naples CFPUD. The project allows development ofa 500-seat church, a single-family residence and preschool of up to 150 students along with other permitted & accessory uses commonly associated with church and preschool use. The property is at the corner of Leaming Lane and Li vingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 12 +/- acres and by providing an effective date. B. Recommendation to adopt a Resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 20 10-11 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] 7 May 24, 2011 "'_.. ...-.... - ..-----.---_"____~""~.......,._~,~_..~,,,.""'",,.~...'___~._,__"_,_"_w'..A...~"_~__..._._,..___.__.,..,_.....___..,_.~____.__.,_"._.._.._~__.~,..______ May 24,2011 CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commissioners meeting is now in session. Would you please stand for the invocation, which will be given by Rabbi Adam Miller of Temple Shalom. RABBI MILLER: Mr. Chairman, members of the Commission, thank you for the invitation to be here this morning. Friends, as the observance of Memorial Day is nearly upon us, we are more keenly aware of the ultimate sacrifice made by the many men and women of our country to protect this land, its citizens and our freedoms. Today we have gathered to exercise the freedom of self- governance. We ask on this day that the leaders of our community will receive the wisdom, vision and courage that they need to provide the services which protect the health, safety, welfare and quality oflife for all citizens of our county. May they gain wisdom and quench their thirst for knowledge by listening to the voices of our citizens, learning from each person whom they meet about the issues and concerns that require their attention. May the leaders of our county be imbued with the vision necessary to not only address the matters that come before them today, but to also plan for the future, using innovation and efficiency to deliver quality government during a challenging time. And may these men and women be given the courage and fortitude to make the difficult decisions necessary as part of their work, standing up for justice, protecting the vulnerable members of society, while working to ensure that our county provides excellent services, programs and facilities to all of its residents and visitors. Amen. CHAIRMAN COYLE: Thank you, Rabbi Miller. Please remain standing for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Okay, County Manager, you have some Page 2 . .' _"___"'"~"""_"_W'''''_'''''~_"'_ M___;~._..___"_~;~,-..._."""___~,.._~".._,.,,...__^.,,_.,,.. May 24, 2011 changes to the agenda? Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Yes, sir, Mr. Chairman. Good morning, Commissioners. These are agenda changes, Board of County Commissioner meeting May 24th, 201 ] . First change is a request by staff to continue Item 16(D)(9) to the June 14th, 2011 BCC meeting. It's an authorization to process an amendment to a sub-recipient grant agreement. And the staff has some modifications to the backup documents they need to complete with the County Attorney's guidance. Next item is to move Item 16(E)(3) to your regular agenda to become Item 10(D). It's a recommendation to approve First Amendment to Lease Agreement regarding cattle grazing and leasing at your Pepper Ranch preserve. This item is moved to the regular agenda at the separate requests of Commissioners Coletta and Hiller. Next change is to move Item 16(E)(4) to your regular agenda to become Item 10(E). It's a recommendation to approve an access easement to allow for monitoring of a cattle bed clean-up site at the Pepper Ranch preserve. This item was moved at the separate requests of Commissioners Coletta and Hiller. Next change is to move Item 16(E)(5) to Item lO(F) on your regular agenda. It's a recommendation to authorize the release of $250,000 held in escrow to the seller of Pepper Ranch preserve. This item was moved at the separate requests of Commissioners Coletta and Hiller. Page 3 -.. ........- _ _'_""._'._"_''''__"^''"'.''''h~..,,,.__," '__"'__'_'__'_'_'~_"~~_'_""" ~'_ May 24,2011 Next change is to move Item 16(F)(2) to Item 10(G) on your regular agenda. It's an ordinance amendment regarding -- relating to requirements for certificate holders operating non-transport advanced life support services. That item was moved to the regular agenda at the separate requests of Commissioners Hiller and Henning. Next change is to move Item 16(C)(6) from your consent agenda to become Item 10(H) on your regular agenda. It's a recommendation to award a contract for debris removal during hurricanes and other emergency conditions. That item is moved to the regular agenda at Commissioner Hiller's request. We have two agenda notes, Commissioners, this morning. The first one gladly I see is overcome by events. The recipients on 4(A) and (B) are here at the regular time, so we'll be able to make those timely. And finally, there's a correction to bid number for Item 16(C)(2). The bid award number should be 11-5647 instead of 11-5657. Those are all the changes I have, Commissioners. CHAIRMAN COYLE: Okay, thank you very much. County Manager -- or County Attorney? MR. KLATZKOW: I have no changes to the agenda, sir. CHAIRMAN COYLE: Okay, we'll start with the Commissioners for ex-parte disclosure and any further changes to the agenda. We'll start with Commissioner Henning this morning. COMMISSIONER HENNING: Good morning. I have no further changes to today's agenda. I do have ex-parte communication on 17(A), and that was the Planning Commission report from staff. That's all. CHAIRMAN COYLE: Okay, Commissioner Coletta? COMMISSIONER COLETTA: Okay, sir, I have -- under the summary agenda I have correspondence. As far as the agenda goes, the only thing I'd like to do is make a motion at this time to continue the Immokalee Master Plan indefinitely. And the reason being for that Page 4 May 24, 2011 is the travel time that's going to take place for the residents in Immokalee to be here at 1 :00 would be an undue burden when we know the predictable outcome. CHAIRMAN COYLE: Okay. All right. COMMISSIONER FIALA: Do you need a motion? COMMISSIONER COLETTA: That's a motion. CHAIRMAN COYLE: We can do it when we approve the agenda. But Commissioner Henning has a question or a comment? COMMISSIONER HENNING: I -- no idea when this is coming back? COMMISSIONER COLETTA: I would assume it's going to probably come back when the Blocker issue is settled. COMMISSIONER HENNING: Okay. I have questions about the amendment and the plan that I'd like to get on the public record. I would imagine I could do that at the CRA Board? That would probably be the appropriate place if it's going to be revised? I guess -- is the CRA Director here? Mr. Mulhere, may I ask you a question, please? I apologize. MR. MULHERE: That's okay. COMMISSIONER HENNING: No, I'm not apologizing to you. MR. MULHERE: Oh, really? Okay. Yes, sir. COMMISSIONER HENNING: Is the amendment going to go back to the CRA Board? MR. MULHERE: Well, there would be no reason for it to go back, other than I'm certain to report any action that the Board might take. There would be no reason for them to hear it. They've already taken their action, had a hearing and made a recommendation back to you. But, I mean, I'm sure that there would be no objection, obviously, if you wanted to go out and ask questions, and I certainly can make myself available, if that's helpful. COMMISSIONER HENNING: Okay. Ifit's not going to be Page 5 May 24, 2011 heard by the CRA, maybe we could do it at the Planning Commission then. MR. MULHERE: I mean, I guess it would be the Board's preference. It's already been to the Planning Commission, it's already been to the CRA Board. If there are questions, again, no one would object to answering any questions, I wouldn't think. COMMISSIONER HENNING: I just don't want to delay it when it does come back. But I do want my questions on the public record. MR. MULHERE: I think we could schedule some sort of official discussion at the CRA meeting, that would be no problem. Yeah. I mean, I'm speaking on behalf of the CRA Director, but I'll certainly confirm that with her. COMMISSIONER COLETTA: We're talking about the CRA Advisory Group or just this group? MR. MULHERE: Yes, yes, the CRA Advisory Group. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Okay, the motion was made by Commissioner Coletta to continue this item indefinitely, a second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Okay, the item will be continued. And you had no further ex-parte disclosure, Commissioner Coletta? Page 6 May 24, 2011 COMMISSIONER COLETTA: No, sir, I don't. CHAIRMAN COYLE: The only ex-parte disclosure I have pertains to Item 17(A) on the summary agenda, and I have read the staff report of the Planning Commission and that is the extent of my ex-parte disclosure and I have no additional changes to the agenda. Commissioner Fiala? COMMISSIONER FIALA: Yes, no changes or corrections to the agenda. And also on 17(A), I have received the CCPC staff report dated March 17th. CHAIRMAN COYLE: And Commissioner Hiller? COMMISSIONER HILLER: I have no changes to the agenda. We received the staff report on 17 and no disclosures on item two. CHAIRMAN COYLE: Okay. Very well. Then I'll entertain a motion to approve today's regular consent and summary agenda as modified. COMMISSIONER COLETTA: So moved. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Coletta, second by Commissioner Fiala. All in favor, please signifY by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. (No response.) Page 7 Agenda Changes Board of County Commissioners Meeting May 24, 2011 Continue Item 1609 to the June 14.2011 BCC Meetin2: To approve and authorize the Chairman to sign an amendment to the Collier County Hunger and Homeless Coalition (HHC) Suhrecipient Agreement for the U.S. Department of Housing and Urban Development (HUD) Homeless Prevention and Rapid Re-Housing (HPRP) Grant approved hy the Board on Septemher 15, 2009, Item 16019. This amendment will allow for a revision of Exhihit A of the Subrecipient Agreement to accommodate the HHC request to no longer include Homeless Management Information System (HMIS) activities and to allow HHC to more fully expend grant funds. (Staff's request to modify back-up documents to satisfy County Attorney's requirements) Move Item 16E3 to Item 100: Recommendation to approve the First Amendment to Lease Agreement, aka the cattle lease, for the Pepper Ranch Preserve under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the Lease Amendment terms. (Commissioner Coletta and Commissioner Hiller's separate request) Move Item 16E4 to Item 10E: Recommendation to approve an Access Easement to the Florida Department of Environmental Protection (FDEP) and a Declaration of Restrictive Covenant which will allow FDEP to monitor the cattle vat clean-up site at Pepper Ranch Preserve and restrict public uses within the cattle vat clean-up site. (Commissioner Coletta and Commissioner Hiller's separate request) Move Item 16E5 to Item 10F: Recommendation to authorize the release of $250,000 held in escrow to Lake Trafford Ranch, LLLP, the Seller of Pepper Ranch Preserve, and approve the associated Budget Amendment. (Commissioner Coletta and Commissioner Hiller's separate request) Move Item 16F2 to Item lOG: Authorize the County Attorney to advertise an ordinance for future consideration which would amend Ordinance No. 04-12, as amended, adding provisions relating to requirements for certificate holders operating non-transport Advanced Life Support (ALS) services. (Commissioner Hiller and Commissioner Henning's separate request) Move Item 16C6 to Item 10H: Recommendation to award Contract #11-5673, "Disaster Debris Removal and Disposal Services," to three firms, and approve Ash Britt Environmental Services, Inc., as the initial debris removal contractor in operational readiness for the 2011 Hurricane Season. The firms provide post- disaster equipment and human resources for the collection, removal and disposal of disaster generated debris, which will ensure prompt, timely and efficient restoration of essential services. (Commissioner Hiller's request) Note: Proclamations 4A and 4B to be presented at end of proclamations due to awardees not available at beginning of proclamations being presented. Correction to Bid Number for Item 16C2: ".ward hid #11 5657 Award bid #11-5647, Grease Hauling Services, to Rockfill Associates, Inc. D/B/A Crews Environmental and authorize the Chairman to sign the agreement following County Attorney approval, in the estimated annual amount of $50,000. (Staff's request to clarifY language) 6114120lt 3:27PM May 24,2011 Item #2B MINUTES FROM THE APRIL 26, 2011 BCC/REGULAR MEETING - APPROVED AS PRESENTED CHAIRMAN COYLE: The minutes are approved unanimously. With respect to April 26th, 2011 BCC regular meeting minutes, are there any changes to those minutes? (No response.) CHAIRMAN COYLE: If not, I'll entertain a motion to approve COMMISSIONER FIALA: Approve the April 26th BCC regular meeting minutes. CHAIRMAN COYLE: A motion to approve by Commissioner Fiala, seconded by -- COMMISSIONER HENNING: Second it. CHAIRMAN COYLE: -- Commissioner Henning. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. (No response.) CHAIRMAN COYLE: The minutes are approved unanimously. Brings us to service awards. County Manager? MR.OCHS: Yes, sir, Commissioners, would-- CHAIRMAN COYLE: We're going to do that down there? Page 8 May 24, 2011 MR. OCHS: -- you come down off the dais, please. CHAIRMAN COYLE: Okay. Item #3A SERVICE A WARDS - 20 YEAR ATTENDEES: MARY V ALCANTE, POLLUTION CONTROL AND JACQUELINE LOCKERBY. EMS - NOT PRESENT MR. OCHS: Thank you. Commissioners, this morning we'll be recognizing two employees with 20 years of service to the county. First recipient 20 years of service, Mary Valcante from pollution control. Mary? (Applause.) MR.OCHS: Our next 20-year service award recipient is Jacqueline Lockerby from EMS. Jacqueline? (Applause.) Item #3B SERVICE A WARD - 30 YEAR ATTENDEE: SKIP CAMP, F ACIUTIES MANAGEMENT - PRESENTED MR. OCHS: Commissioners, our final service award this morning, recognizing 30 years of service to Collier County government, Skip Camp from Facilities Management. (Applause.) CHAIRMAN COYLE: Now we know why there's such a large crowd here today. Are all of you leaving immediately after this? COMMISSIONER FIALA: We'd like you to stay for the rest of the meeting. CHAIRMAN COYLE: No, we wouldn't. Page 9 May 24,2011 COMMISSIONER FIALA: Keep us company. MR. OCHS: Commissioners, that moves us to item four on your agenda this morning, Proclamations. CHAIRMAN COYLE: Okay. Item #4 PROCLAMATIONS (ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS) Item #4A DESIGNATING MAY 24,2011 THOMAS S. MONAGHAN DAY. ACCEPTED BY THOMAS S. MONAGHAN. SPONSORED BY COMMISSIONER COLETTA - ADOPTED MR. OCHS: Item 4(A) is a proclamation designating May 24th, 2011 as Thomas S. Monaghan Day, to be accepted by Thomas S. Monaghan. This item is sponsored by Commissioner Coletta. Mr. Monaghan, please come forward. (Applause.) CHAIRMAN COYLE: We'll ask you to stay here for a picture. COMMISSIONER COLETTA: Mr. Monaghan, would you like to say a couple of words? MR. MONAGHAN: Well, you don't want to get me started. I remember when I -- you know, we're here because in the Ann Arbor Township, where we were going to build Ave Maria, we couldn't get the zoning. And a friend of mine down here by the name of Pat O'Meara kind of gave me the idea to do it here. And I immediately thought it was a great idea. I went back and I talked to Nick Healy, our president, and he said that's a great idea, and moved to Naples. And so I immediately volunteered to come down and get the ball Page 10 May 24,2011 rolling. And then the first person I talked to is Jim Coletta. Now, I'm used to being in a township with no growth and I seem to be public enemy number one, and he said, what do we have to do to get you here? And you certainly did it. You rolled out the red carpet. We were on the Fast Track. And as you know, we opened up that campus in record time, and forever will be appreciative of that. And thank you for this event today. (Applause.) Item #4 B DESIGNATING MAY 24,2011 AS NICHOLAS 1. HEALY DAY. ACCEPTED BY NICHOLAS 1. HEALY. SPONSORED BY COMMISSIONER COLETTA - ADOPTED MR. OCHS: Item 4(B) is a proclamation designating May 24th, 2011 as Nicholas 1. Healy Day, to be accepted by Nicholas J. Healy, sponsored by Commissioner Coletta. (Applause.) COMMISSIONER COLETTA: Nick, did you have any comments you wanted to share with us, any words of wisdom? MR. HEALY: I can only echo what Mr. Monaghan said about the reception we got from the County Commissioners, all of them at the time. I think we went and visited after visiting you, Jim, we went and visited every single commissioner, and it was unanimous that we would have their support and encouragement. And this has proved an invaluable part of our decision making all along. And it was a great decision and we never regretted it. Thank you. CHAIRMAN COYLE: Thank you. Item #4C Page 11 May 24, 2011 DESIGNATING JUNE 6 TO JUNE 10,2011 AS CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK. ACCEPTED BY DIANE FLAGG AND MEMBERS OF THE CODE ENFORCEMENT DEPARTMENT. SPONSORED BY COMMISSIONER COLETTA - ADOPTED MR.OCHS: Item 4(C) is a proclamation designating June 6th to June 10th, 2011 as Code Enforcement Officers Appreciation Week. To be accepted by Diane Flagg and members of the Code Enforcement Board. This item is sponsored by Commissioner Coletta. Please come forward. (Applause.) COMMISSIONER COLETTA: I'd like a copy of that to hang on my wall. I'm serious about that. COMMISSIONER FIALA: You're looking at some people here that make a huge difference in our community. I've worked with a lot of them and I attend a lot of the meetings for the East Naples Task Force. And I'm telling you, these people work so hard. And their job is not a fun job, it's not an easy job to go in and tell somebody that their place is a mess or they're violating codes and so forth. And I just want to hand it to all of you, you are so professional in the way you approach these things, the way you deal with the people. And Diane, thank you for being a great leader to this group. MS. FLAGG: Commissioners, briefly, Diane Flagg, Collier County Code Enforcement Director, for the record. We would like to thank the Commissioners, the County Manager Leo Ochs, and our Deputy Administrator Nick Casalanguida for the support and the assistance that you have given us in preventing blight in our community. As you know, that's been the focus on our efforts, and we've experienced more than 22,000 foreclosure filings in Collier County, Page 12 May 24,2011 and there are many more homeowners that are in default due to the faltering economy. We continue to receive more than 100 new code cases every week, and these folks are performing more than 500 property inspections every week. And finally, we continue to work with the banks so that their money will be spent to abate code violations rather than our funds being spent. And the banks to date have spent more than $2 million in Collier County to abate code violations. So thank you again for your support. COMMISSIONER FIALA: That taxpayers didn't have to spend. MS. FLAGG: Yes, absolutely. Thanks so much. Item #4 D DESIGNATING MAY 24,2011 AS GULF SHORE PLAYHOUSE DAY. ACCEPTED BY KRISTEN COURY, FOUNDER & CEO, BOB HARDEN, BOARD CHAIRMAN, AND MELANIE LISBY, GENERAL MANAGER. SPONSORED BY COMMISSIONER HILLER - ADOPTED MR.OCHS: Item 4(D) this morning, Commissioners, is a proclamation designating May 24th, 2011 as Gulfshore Playhouse Day. To be accepted by Kristen Coury, founder and CEO, Bob Harden, board chairman, and Melanie Lisby, general manager. This item is sponsored by Commissioner Hiller. Please come forward. (Applause.) COMMISSIONER FIALA: I hold season tickets. I hope all of you do too. CHAIRMAN COYLE: If you want to make a few remarks, tell us about what you do where and when. MS. COURY: My name is Kristen Coury. I'm the founder of Page 13 May 24,2011 Gulfshore Playhouse. And seven years ago I moved to Naples because it was beautiful and wonderful, and then had the desire to bring high quality professional theatre and unique educational opportunities to Collier County. We ran into several challenges with lack of venue space and lack of place to sort of call our hats home and hang our hat and call it home. As a result, there was a possibility we were going to have to leave Collier County and go to Lee County for a brief period. And we're delighted to have been able to have found our home downtown and -- for the past four years and have been able to see a real embracing by the community over these past several years. We've doubled our ticket sales for the second time in two years and we have over 100 workshops currently in the Collier County School District, in-school workshops that help teach the content curriculum through the use of theatre arts. And we now bring a full floor show professional theatre season to Naples. That's produced here. And brought -- all the actors are brought in, most of them from New York and whatnot. So we're bringing in people with Broadway credits and TV credits and film credits into Naples and producing something that's specifically for Collier County and enjoyed by Collier County and hopefully is an economic driver to the area as well. And so I would like to thank the Collier County Commissioners for their acknowledgment of this growth that we've had, and as a result this year we've been named one of the top 20 non-profits nationwide by Great Nonprofits.org. So we're really delighted by having been embraced and we'll continue to do our best to continue to provide high quality professional theatre and unique educational opportunities to Collier County. Thank you very much. (Applause.) Page 14 May 24,2011 Item #4 E DESIGNATING MAY, 2011 AS INTERNAL AUDIT AWARENESS MONTH. ACCEPTED BY MEGAN GAILLARD, ALLISON KEARNS, PAT BLANEY, RON DORTCH AND BRUCE BRISTER FROM THE CLERK'S INTERNAL AUDIT DEPARTMENT. SPONSORED BY COMMISSIONER COYLE- ADOPTED MR. OCHS: Item 4(E) is a proclamation designating May, 2011 as Internal Audit Awareness Month. To be accepted by Megan Gaillard, Allison Kearns, Pat Blaney, Ron Dortch and Bruce Brister from the Clerk's Internal Audit Department. This item is sponsored by Commissioner Coyle. Would you come forward, folks? (Applause.) MS. KINZEL: Commissioner Coyle, for the record, Crystal Kinzel. We'd just like to thank the Commissioners for recognition and we thought it would be an opportunity for you to meet your newly reinstituted professional staff in the Internal Auditor Department. And we truly appreciate the recognition for the month. Thank you. CHAIRMAN COYLE: Thank you. Item #4 F DESIGNATING MAY, 2011 AS TRAUMA AWARENESS MONTH. ACCEPTED BY KATHY WECHER OF LEE MEMORIAL HEALTH SYSTEMS, AND DAN ROBBINS, TRAUMA SURVIVOR. SPONSORED BY COMMISSIONER COLETTA - ADOPTED MR. OCHS: Commissioners, Item 4(F) is a proclamation Page 15 May 24, 2011 designating May, 2011 as Trauma Awareness Month. To be accepted by Kathy Wecher of Lee Memorial Health Systems and Dan Robbins, trauma survivor. This item is sponsored by Commissioner Coletta. Please come forward. Thank you. (Applause.) COMMISSIONER COLETTA: Do you want to say a couple words? MS. WECHER: I will. We want to thank everybody from the Lee Memorial Trauma Center for recognizing Mayas Trauma Awareness Month. And we also want to let you all know that we are your trauma center. We cover Collier, Lee, Charlotte, Hendry and Glades and now parts of DeSoto. And what that means for you is if you meet the critical standards for a trauma alert patient, you're brought into us and you will have an entire team that is waiting for you. So you'll have a trauma surgeon, an anesthesiologist, two registered nurses, someone from the OR, someone from the blood bank, a lab technician, a social worker, an ER physician. Briefly, we have a whole team. Respiratory therapy is in there also. Our focus is to concentrate on you, and we are there to make your recovery much better and quicker, and that you get back to your activities of daily living. So we are happy to service your area. We're also available -- I do injury prevention education. If you have any needs for that, I'm available to drive down and provide any educational needs that you may have or want. And we do work with your Safe and Healthy Kids Coalition here as well, which is a wonderful group. They've done a great job bringing that together in such a short time. So thank you. (Applause.) MR. OCHS: Commissioners, ifI could get a motion to approve the proclamations, please. COMMISSIONER FIALA: Motion to approve the Page 16 May 24,2011 proclamations, just-- COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Coletta. All in favor, signifY by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Item #5A PRESENTATION OF THE COLLIER COUNTY "BUSINESS OF THE MONTH" AWARD TO FLORIDA SPECIAL TIES OF IMMOKALEE. ACCEPTED BY RON BAILEY, JR., FLORIDA SPECIALTIES CFO - PRESENTED MR. OCHS: Thank you. That takes us to Item 5 on your agenda, Presentations. 5(A) is a presentation of the Collier County Business of the Month Award to Florida Specialties oflmmokalee. Accepting the award will be Ron Bailey, Jr., Florida Specialties CFO. Please come forward and accept your award. (Applause.) MR. BAILEY: On behalf of Florida Specialties, I would like to extend our thanks to the County Commissioners, the many department heads that were involved, the EDC, the CRA, and the staff that made this possible at Collier County. We have a very short video presentation. I hope it's very short. I Page 17 May 24,2011 think it's only about two or three minutes. So what I'd like to do is start this and just add a couple more comments as to what our organization does. (Video shown.) MR. BAILEY: Just over a year ago Florida Specialties was only a produce company, shipping to 40 states and Canada. Myles Strohl, which you saw in this production, acquired the company and he had a vision to change the company, unlike what's been done in our region here, into a food processing organization. Right straight from the fields to the processer. How were we going to do this? We had to build a facility on a five-acre site before the end of the year in Collier County, in Southwest Florida. That's almost unheard of. We approached the EDC, Tammie Nemecek and Brooke Gabrielsen, for their assistance in approaching the County Board to enlist their support to see if we could not all work together to expand our operation, build this plant, and at that time we thought it would only take an addition of perhaps 25 to 50 personnel. I'd like to say that the County Board, each Commissioner, took a genuine interest in our organization expanding in the Immokalee area. The County Board approved three grants for us. They approved the Fast Track Program, the Job Creation Investment Program and the Broadband Grant. And what did that allow us to do? The Fast Track Program allowed us to build a new plant in Immokalee, in less than seven months. So we had a facility up and running. By the time that we received the Fast Track approval we had it up and running and C.O.'d the first of this year. I think that's unheard of. And I think really I'd like to give applause to the Commissioners, Planning and Building Department, specifically Nick Casalanguida, Nick and his staff, for making this possible. (Applause.) Page 18 May 24,2011 MR. BAILEY: Now, on the -- in order to get the ball rolling, Bob Mulhere and our contract group, Phoenix Associates, led the charge on the ground for permitting and planning, construction, site development, equipment installation, fire safety, and fortunately we all worked as a team, and it happened. So I do want to be a strong advocate that the Fast Track Program in this county is a success, it does work. And because of that, we have now expanded the operation that for one shift our operation now takes 60 more employees to operate. We expect to be at two shifts within a year or 120 full-time employees. That's rather significant in the Immokalee area, because there's so much agriculture, cyclical-type work, whereas our processing is done 24/7. It's done year round. How did the county benefit? The county benefited through -- the big part was there was about 10 more million dollars added to the tax base. Over half the expenditures that we spent did go into the county -- into county businesses and contractors. New wages will amount to over a million and a quarter per year. Sales tax comes back to the county. It does help to stabilize the work force in an area that really needs that, in the Immokalee area. And I really think that with the installation of this new food processing, I think the county will now have the ability to perhaps gravitate other processing companies to consider this region. I mean, we have the resources here, we grow the product. The fastest way to the shelf is from our fields in South Florida, process a product here and distribute it out. With that said, I would like to again extend our appreciation to the County Board, department heads, the EDC, the CRA, and the hard-working employees at Florida Specialties that made this possible. Thank you. (Applause.) CHAIRMAN COYLE: Thank you. It's a great success story, Ron. We're glad to have you here. Page 19 May 24, 2011 MR. BAILEY: Thank you. Item #9 A RESOLUTION 2011-93: APPOINTING DAVID J. TRECKER TO THE PELICAN BAY SERVICES BOARD - ADOPTED MR. OCHS: Commissioners, that takes us to Item 9(A) on your agenda this morning. It's appointment of member to the Pelican Bay Services Board. COMMISSIONER FIALA: I have a question on this, if I may? First of all, I notice that there were a couple other applications in here that of course aren't mentioned on the first thing. And I'm not quite sure what they're even for at all. Somebody named John Iazzo. And the other person is named Michael Levy. And they both say Pelican Bay Services Division, but they're not on here to be considered. Could I find out what they're for? MR. MITCHELL: Commissioner, for this round there were two applicants -- there was one vacant position. And this followed the applications for the previous Pelican Bay Services Board. There was two applicants. There was Ms. Susan O'Brien, Mr. David 1. Trekker, they were the only two applicants. COMMISSIONER FIALA: How come the other ones were in here, though? I don't quite understand why -- MR. MITCHELL: Sorry, that must have been a mistake with the paperwork. COMMISSIONER FIALA: Oh, okay, fine. I didn't know if there was something else we were supposed to consider. And also, in the actual board, there were little asterisks here, but I wasn't quite sure what the asterisks were supposed to indicate. Do you know? Page 20 May 24, 2011 MR. MITCHELL: I don't know, the Board just recommended-- the Board in their letter had recommended Mr. Trekker and they'd asked that we keep Susan O'Brien's application to be returned for the next vacancy. But in actual fact -- COMMISSIONER FIALA: But you don't know what the little asterisks are here for as far as the present board members? There was no clue as to why they were placed there, and I just thought maybe that was something else we should be aware of. Okay, fine, thank you. COMMISSIONER HENNING: Move to approve Dave Trekker. CHAIRMAN COYLE: Okay, motion to approve the committee's recommendations, Mr. David Trekker by Commissioner Henning. Is there a second? COMMISSIONER HILLER: Second. CHAIRMAN COYLE: Second by Commissioner Hiller. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) Item #9B RESOLUTION 2011-94: APPOINTING GINA DOWNS TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - ADOPTED CHAIRMAN COYLE: Okay, the motion passes unanimously. Page 21 May 24,2011 MR. OCHS: 9(B) is appointment of member to the Industrial Development Authority. COMMISSIONER FIALA: Motion to approve the committee's recommendation of Gina Downs. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion by Commissioner Hiller (sic) to approve the appointment of Gina Downs, seconded by Commissioner Coletta. Commissioner Hiller. COMMISSIONER HILLER: Yeah, I noticed that this position -- I guess there was only one applicant. And whenever that happens, there's always a concern that the item hasn't been adequately advertised or people don't understand what the position is about. And I have a concern about that. I mean, I think that, you know, we have so many good people in this county with great credentials, and I think we want to invite a variety in terms of individuals on boards as opposed to having anyone individual sit on so many boards. We want to include as many people as possible in the process and as a source of advice to us. So I would like to suggest, and I'd like to make a motion -- I guess we have a motion on the table -- CHAIRMAN COYLE: We already have a motion-- COMMISSIONER HILLER: Yeah, and so I -- but, you know, before we vote on this motion, I'd like to ask that you reconsider the motion and that we put this back out, re-advertise and invite more people to consider participating. Maybe one thing we need to do is announce when these positions are open at the Board meetings as soon as we are ready to post the advertisement and let the public know by way of Collier County TV, through these meetings, that these positions are available and, you know, citizens should consider applying. I think it's very important. MR. MITCHELL: Mr. Chairman, a point to what Commissioner Page 22 May 24, 2011 Hiller's just said, we did actually advertise this position two times. On the first round we didn't get any applicants, and then on the second round we did get one applicant. COMMISSIONER HILLER: That's a very interesting point. Thank you for bringing that to our attention, Ian. Then I really think that we need to announce these openings at the public meeting to let the public know what opportunities are out there. I'm not sure how the advertising is being done and if it's coming to the attention to as many people as possible. MR. OCHS: Commissioner, that's handled through Mr. Mitchell's office. So whatever the pleasure of the Board is. CHAIRMAN COYLE: I've seen them posted on our television channel. COMMISSIONER COLETTA: I have too. COMMISSIONER HILLER: I'd like to see them announced at the meetings. CHAIRMAN COYLE: Very well. We have a motion on the floor for approval of Ms. Gina Downs. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, it passes unanimously. And we -- is there any objection by the Board to asking that Mr. Mitchell make -- take some time during our correspondence to announce any vacancies that might be appropriate? COMMISSIONER FIALA: That's fine. As many people as we can. Page 23 May 24, 2011 CHAIRMAN COYLE: Okay. So we'll provide you time in the future. MR. MITCHELL: Sir, I think that would be a really good move. COMMISSIONER HENNING: Under public comment. CHAIRMAN COYLE: Not necessarily under public comment but we can have it during correspondence and communications. COMMISSIONER HENNING: During a break? CHAIRMAN COYLE: No. So we -- is there any objection to doing that? COMMISSIONER HENNING: None. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: May I make a suggestion? Why don't we include a line item in the agenda specifically for Mr. Mitchell so he can announce advisory board and other openings. And then it doesn't interfere with any other agenda item and it stands on its own and the backup is produced as part of the agenda, and that way everybody will be informed by way of the agenda as well as by way of your announcement. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: I'm afraid I was just going to say the same thing, as long as it's a line item, then we'll have a listing of all those vacancies available so it can be produced when we produce our agenda, and also it appears on the screen on our television. That's fine. I think that's a good idea. MR.OCHS: Mr. Chairman, in might, I hate to be the stickler of administration (sic), but if we add another number then we resequence everybody else on this agenda. Is there any consideration to adding that as part of item nine, perhaps a Board of County Commissioners and -- COMMISSIONER FIALA: Sure, that's a good idea -- MR. OCHS: -- advisory board appointments, and it will be an item under nine? Page 24 May 24, 2011 COMMISSIONER HILLER: That's a great idea. CHAIRMAN COYLE: Good. COMMISSIONER HILLER: It serves the same end. CHAIRMAN COYLE: Okay, good. Item # lOA PROVIDE THE BOARD OF COUNTY COMMISSIONERS WITH THE ANNUAL UPDATE OF PROGRESS OF THE HORIZON STUDY OVERSIGHT COMMITTEE, AUTHORIZED BY RESOLUTION 2009-38 - MOTION TO ACCEPT REPORT- APPROVED MR. OCHS: Takes us to Item 10 on your agenda, Mr. Chairman. 10(A) is an item to provide the Board of County Commissioners with the annual update of the progress of the Horizon Study Oversight Committee authorized by resolution 2009-38. Mr. Bosi from your Comprehensive Planning staff will present, along with the chair of your oversight committee, Mr. McDaniel. MR. BOSI: Good morning, Commissioners. My name is Mike Bosi with the Comprehensive Planning Section of the Land Development Services. I'm going to introduce the chairman of the Horizon Oversight Committee. Just a reminder to the Board of County Commissioners, this was an extension of the Horizon Study, which was started back in 2004 where the Commission looked -- was looking at staff to say, how can we assess the future that build-out will hold for us, in coming up with ideas and strategies to maximize our efficiencies in providing the infrastructure and services that are available to it. This is the third phase of that study. This oversight committee was created, one, to remind you of the position points that came out of Page 25 May 24, 2011 that Horizon Study. Two, to make sure that the monitoring and annual update of the Collier Interactive Growth Model, which was a planning tool that was authorized by the Board of County Commissioners as part of the Phase II ofthe Horizon Study, as well as providing for recommendations in terms of the appropriate use of the CIGM. Last year at this time in May the oversight committee provided you the update of the activities. Mr. McDaniel and the committee has endorsed a presentation. I would just ask at the end of the presentation just -- that I can put on a couple of remarks of correspondence that I had received from some of the committee members regarding the presentation. With that, Mr. McDaniel? MR. McDANIEL: Good morning, Commissioners. For the record, my name is Bill McDaniel. I serve as the chair of the Collier Interactive Growth Model Oversight Committee. I have to apologize this morning. In my need to try to analyze the agenda, I for some reason thought our presentation was going to go off after 1 :00, so I just came scurrying up the stairs. So if I seem a little short of breath, it was because I was hustling to be up here and not hold things up. Our committee was formed as an oversight committee out of the East of 951 Horizon Study Committee which I chaired for you during that period of time. The committee was formed to identify the issues that were put forth by the East of 951 Horizon Study Committee and oversee the utilization of the Interactive Growth Model, its maintenance and ultimately its accuracy. As Mike stated before, the committee -- the East of 951 Horizon Study Committee recommended that you adopt the model for the entire county. During that process we determined that maybe we should use it for East of 951 first, truth it, ensure its accuracy and then come forth later on as those accuracies were ultimately proven. Part of the purview of our committee, as I said earlier, is to put Page 26 May 24, 2011 forth the position points of the East of 951 Horizon Study. These position points have been before you in the past. I won't spend a lot of time on them other than to say that some of them still need addressing. Some of them are going to require a cooperative effort between our county and independent agencies, one of which is the installation of fire hydrants on some of the force mains in eastern Collier County to assist with fire suppression. Our committee took upon ourselves to study some of the historical data that our community has experienced. We went all the way back to 1970, looking at specific demographics of our community . The model, the Interactive Growth Model, has been used -- it's been used to test our current FLUE, our FLUE map, which is one of the planning tools that our Comprehensive Growth Management Plan utilizes in determining land uses that we have in our community. It assists in formulating build-out scenarios for the rural sector of our community. And remember that the model has only been used predominantly for the eastern portion of our community so far. It also has been used most recently in the master mobility planning process. It assists in modeling scenarios that will help reduce traffic trips for folks within our community, which is one of the issues that's been put forth by the Department of Community Affairs in assisting in carbon emissions and such. In the last round of Comprehensive Growth Management Plan amendments the model was used as a tool by our staff to assist in determining market, demographics, utilization of potential land uses and proposed land use changes. It serves as a common data base. It is protected. No one can get to it except for Dr. Van Buskirk and his company. Data is put into the model to ascertain answers to questions for proposed land use changes that are brought before us. It's received national recognition, multiple publications, and it's Page 27 May 24, 2011 currently being used by a jurisdiction up in Cape Coral and approved by the Department of Communist -- the Department of Community -- did I say that out loud? CHAIRMAN COYLE: You might have had it right. MR. McDANIEL: Forgive me for that. Yeah, forgive me for that. It's been approved by the Department of Community Affairs for their use as a planning tool. That was very disrespectful. The model uses T AZ units, which have been recently expanded to develop population estimations for our community. It sets forth guidelines for commercial use throughout the community to assist in rendering services to the population that is inevitably coming to our community. And it also identifies economic deficiencies and opportunities as we go forth with the ultimate growth of our community . As I said earlier, this is just an expansion of what we've already talked about, but the -- as our community grows, it's important for our leaders to incentivize other economic bases to sustain us economically as our community reaches its maturity. As communities grow, they reach an inflection point or a tipping point. Currently estimations of population within our community head us towards the 950,000 mark in overall population. That tipping point for us is 475,000. And as you can see right now, we currently reside at about 321,000. As your population grows and you reach that inflection point, it's important for incentivization for ultimate -- or for alternative businesses that are going to sustain us economically. Construction grows with your population, and as your population reaches the inflection point and starts to reach maturity, construction fades away and it's important for us to have economic sustainability for the future. Page 28 May 24, 2011 One of the things that we found with respect to the model was its accuracy in forecasting population. Currently we're relegated to use the BEBR numbers for estimations of population. We went back to 1980 and the BEBR numbers forecasted our population at 168,000 people for the year 2000. The Collier Interactive Growth Model forecasted the population, had it been in existence, we tested it and it would have forecasted our population at 247,000. The actual census data in 2000 showed a population of 251,000. The premise behind this slide is to share with you the necessity of feeding our plans that we already have in place with accurate information from with which to make decisions, ultimately garnering the greatest rate of return on the necessary capital expenditures that we're going to have to spend in order to support the inevitable growth and development that's coming to our community. Here's some demographic information, some historical data. This presentation has been put forth, it's on the website, and folks are welcome to hop out there and have a look at it. But we traveled all the way back to 1970, looked at demographics of our population and then carried that forward with 2009, a one in 10 count that they did in advance of the 2010 census. These trends are important for us as decision makers going forward, because it shows socio shifts, population shifts, and what portions of our population reside in particular areas, and then what impact that they inevitably are going to have on our economic sustainability and where we as the decision makers need to provide for accommodation of services for this population. Pick your planning model, pick your planning estimation methodology, we're staring at inevitable growth. Whether that number is 800,000 or a million, it really doesn't matter at this particular juncture. What we need to do is use as accurate of information as possible to feed into the plans that we already have in place in order to provide for those that come after us with the Page 29 May 24, 2011 opportunity to make socio shifts and political decisions with respect to land uses and inevitably what our population is going to be. As I said before, construction related industries tend to wane as your population goes past the inflection point. And it's necessary, especially in these times currently where we are, that incentivization provided for light industry and other industries other than construction to support our community economically going forward. Some of the recommendations that the model has is for specific land use changes in the eastern portion of our community that will in fact allow for those types of industries to come to our community and sustain us economically going forward. One of the promotions that the model -- and we have seen historically, you can look around in other municipalities, whenever there's a university there's success. There's -- it provides for an education level that attracts industries to our community because of the demographic and the education level of our populace. I think this morning earlier we recognized Mr. Monaghan today, so there you go. There has been recognition of a need to include the entire county in the model in order to utilize it to the maximum benefit that we have available. Having the information of all land uses in our community will help us better forecast how to manage the inevitable growth and development that's coming to our community. And these are some of the things that the model has already necessarily been utilized for. There are cost savings that are associated with the utilization of the model. I've got another slide coming up here in a moment that will be more specific with respect to that. It allows for land use budgeting. It's a very objective model to allow for potential land use changes and then see what the ultimate output for those proposed land use changes in fact could provide us as a community. As I stated earlier, we're mandated in our Comprehensive Growth Page 30 May 24, 2011 Management Plan to provide certain services and infrastructure as our community grows. And it's our responsibility to garner the greatest rate of return for those necessary expenditures. And having a plan, which we have, our FLUE and Comprehensive Growth Management Plan, that is supplied with as accurate information as possible will allow us to garner those greatest rates of returns on those necessary capital improvements. Last year when we made the presentation, again it was suggested, it has been suggested all the way since the East of 951 Horizon Study days, that the model be adopted for the entire county. And we suggested again last year that it was adopted for the county, and the proposed expense for that is approximately $150,000. We've spent $100,000 so far in utilizing the model since its inception. This slide shows a cost benefit analysis. By adopting the model for the entire county, our staff, our independent departments will no longer have to go out and seek independent contracts for land use modeling for the AUIR process. There's a lO-year benefit. We get our money back over 10 years. Not to mention having accurate information to provide and feed into our plans already to support the necessary capital expenditures that we have forthcoming. Out of the East of951 Horizon Study there was a component in there that talked about -- we met with all of the departments of our community, and one of the things we found out was that there really hadn't been a large exploration in collocation of fire and EMS facilities. Now, there are consequences of all decisions as we go along. But it's estimated that our community is going to grow some 88,000 people. Our Comprehensive Growth Management Plan necessitates that for every 16,400 we have to build a new fire station. We have to put in a new EMS station. And the collocation of those facilities will save the taxpayers approximately $1.4 million. If we were capable of doing all five, there would be an excess of $7 million in savings. May not be possible to do that, and those will be decisions Page 31 May 24, 2011 that we'll make as we come along, simply because of the dispersal of the population will necessitate the location of those facilities where the populace ultimately ends up. And with that, there's the big Q and A slide. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yes, I received a copy of an e-mail as a result of the work I was doing to study this information from one of the committee members. And I just want to point out, this committee basically only has three members and one alternate. And one of the committee members, Mr. Teaters, was very concerned about the recommendation being made today. And while he had voted in favor of it earlier, he attempted to call an emergency meeting and rescind his vote and change his vote to a no-vote. So I'm going to introduce his e-mail on the record. He's asked that this be continued. And I would agree. I mean, if someone like Mr. Teaters who's been involved in this has concerns, I think his concerns need to be heard. I don't think we're in a position today to accept this as a model for the entire county. The other issue is the executive summary didn't discuss any sort of approval of any cost to expand this modeling beyond how it's already being used. So I don't believe that this board should or can vote on this as you're presenting it, because it's not part of the agenda today. Lastly, I have concerns about the assertion that this is an objective model. This model actually becomes very subjective based on the inputs. And replacing the BEBR with other data to produce outputs certainly will have subjective implications as opposed to objective results. So just based on the little I've heard today and the e-mail communication that I have seen, I'd like to make a motion that this be continued and that this be brought back after Mr. Teater's position is made known and we have the benefit of hearing what his thoughts are, Page 32 May 24, 2011 since obviously this is a material change. CHAIRMAN COYLE: This item does not request any decision by the Board, it's merely a status report. It requires no vote, it requires no action whatsoever, so there is no action to postpone. We've heard the report and that's fine. If it comes back for a decision of some kind, I think we need to have answers to the questions that Commissioner Hiller has raised. MR. McDANIEL: May I respond to-- CHAIRMAN COYLE: Yes. MR. McDANIEL: -- one of her points specifically? You made a comment with respect to the objectivity of the model. And I might suggest that there is subjectivity in any dataset based upon those that are reading it. One of the benefits of this particular model is there is a test on the input side to determine the output side. And then there's an interpretation of the output side. But the model itself provides for objective changes in land use modeling and population estimates. The subjectivity flows out of the dataset on the output side and can be truthed. If you have contention with an output that the model ultimately expresses, you can truth that as to how the datasets for the input side were in fact taken into and utilized and accounted for. Did I cover that okay? CHAIRMAN COYLE: Thank you. Commissioner Henning? COMMISSIONER HENNING: You know, I don't know why we're even considering using this for the AUIR. Those decisions should be up to the staff member who puts together the AUIR. Obviously there has not -- it was not used in the past, there must be a reason for it. Mr. Weeks does a great job, and I have all the confidence. I don't want to tell him how to do his job. Besides, that is against the County Manager's Ordinance, the interference of the day-to-day business of the county. They make decisions like this all the time. They have a Page 33 May 24, 2011 vehicle that is a sub-compact, and they utilize -- and they need to have a four-wheel drive. They don't need to come to the Board of Commissioners for those decisions, nor should we be directing the County Manager to use certain tools for staff to do his job. Period. CHAIRMAN COYLE: Once again, I'll point out, nobody's asking anybody for a decision. COMMISSIONER HENNING: Well, here's what it says. We are being asked, okay, to use this model for the AUIR. Recommendations to review the progress of the Horizon Committee Oversight -- Horizon Study Oversight Committee, provide feedback -- committee's progress and direction. That's my comment, that's my direction. CHAIRMAN COYLE: Okay, Mike? MR. BOSI: Chair, Mike Bosi again with the Comprehensive Planning Section. You're correct, they're only asking you accept a recommendation. If there was any action to expand the model to the entire county there would be a budgetary request with -- the specifics that Commissioner Hiller had asked for would definitely be provided within that, if it's brought back before you. We're going to hold another meeting of the Oversight Committee so Mark and the rest of the committee can articulate what their concerns are. We'll provide that to the Board of County Commissioners. And just for a point of clarification, the request from the committee was to expand the CIGM, it wasn't to officially ask the Board to replace the BEBR numbers with the CIGM populations. That would be a question that would come before the Board after a comfort level was designed with it. But the Chair's correct, it's just -- we're just asking to accept the recommendation today. I will go back and meet with the Oversight Committee, have the clarification as to what the concerns are, and at the appropriate time Page 34 May 24,2011 bring the item back before the Board of County Commissioners. CHAIRMAN COYLE: Okay, just a clarification. The objective of this executive summary is to provide the Board of County Commissioners a status report of the activities of the Horizon Study Oversight Committee. You've provided us a status report about a new model that might be used in the future for expansion. And that's okay. But it requires no vote on our part. Commissioner Coletta? COMMISSIONER HENNING: I have one more feedback, I wasn't quite done -- CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HENNING: I discovered that the minutes of this committee are not approved by the Board. Like they have in the past, other committees, they're not put on our agenda, they're not a part of the official record the public can view. That needs to be corrected. The Clerk is the official minute taker for the Board of Commissioners by statutes, and these meetings need to be publicized, just like the others. That's my feedback. MR. BOSI: And understood, Commissioner. We do send the minutes as a batch to the Clerk's Office. They are noticed through John Torre's office, the meetings. But you're correct, in all those minutes -- and I take those minutes myself as a staff liaison in terms of a cost-saving effort, just to make sure we get the major points that are discussed. But that will most certainly be provided, Commissioner. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I'm a little bit concerned here. We -- one of the things we're very fortunate in Collier County is we have a number of people that are willing to volunteer their time and expertise to try to move us to a higher level. And I don't want in any way to reflect negatively on what's (sic) this is all about. Page 35 May 24,2011 You brought something forward Bill, that's extremely important to Collier County, to be able to have accurate numbers in an accurate time for us. At this time I don't think we're going anyplace with it, judging by what I'm hearing here today. My first question is, is the e-mail that Commissioner Hiller had received from Mark Teaters, would she read it into the record fully, please? COMMISSIONER HILLER: I actually didn't get it from Mark, I got it from Leo. COMMISSIONER COLETTA: Leo, do you have it to read into the record? COMMISSIONER HILLER: I have -- I'll tell you what Leo gave me. Hang on. Let me go ahead and read it into the record. This e-mail came to me from Leo. And this e-mail was sent to-- I don't really know who these people are; Pathen13@aol.com, BigIslandBill@aol.com, Jeff Klatzkow, Leo Ochs, Mike Bosi, M. Teaters@aol.com, and Nick Casalanguida. And the subject is CIGM presentation. And it says; this is a one-way e-mail. Committee members are not to respond to this or me under any circumstances. Good morning, all. This is a statement for your information only. I have requested a special meeting of the Horizon Oversight Committee be called to discuss public response to the meetings that our chair has been having with committee commissioners prior to the presentation to the BCC on Tuesday, May 24th, 2011. According to staff this will not happen. I'm hereby rescinding my vote in support of making the presentation to the Board on Tuesday, May 24th, as well as my support of expanding the CIGM to the balance of the county until my concerns have been resolved. This is as a result of several issues raised after our last meeting. Number one: As a group we agreed to present the CIGM proposal to County Manager Ochs to enlist his support. We discussed, Page 36 May 24,2011 myself and Bill McDaniel, to see Leo together but decided it would be a violation of Sunshine Laws. Two: Our chairman has scheduled meetings with the County Commissioners which I did not approve, nor was it discussed when I was in the meeting. I believe that this could be considered lobbying or polling. This was not agreed upon by the committee and should not continue. Three: Members of the public were present at said meeting and have contacted me concerned and confused. Questions were asked that could not be answered and it appears that citizens and commissioners got partial or incomplete information. Four: The members of the public have asked me for documentation and information that I do not have. Mike Bosi suggested we discuss it, but not in the detail they asked for. I have requested this documentation and wish to review it and continue the process before any further decision to continue or funding request is made. Five: A recording device must be in place before our next meeting. I am concerned that statements and decisions may not have been included in the minutes of the last meeting. Six: Due to the importance of this project and the potential benefit that this program may offer, I take this responsibility seriously and will not be labeled or my integrity impugned in any way. We will not have any of the public labeled as naysayers. Seven: I have suggested that we postpone the presentation to the BCC until this is resolved. I also understand that if this presentation is indeed made, there is no request for action of the Board at this time. Items on the agenda are continued all the time. I represent the present and future residents of Collier County and will do what I think is the best for them under any and all circumstances. Sincerely, Mark Teaters. COMMISSIONER COLETTA: If! may, Mr. Bosi, could you Page 37 May 24, 2011 come up for just a moment. At that meeting when everything was discussed, was there a lot of give and take on these different issues, or no? MR. BOSI: I mean, the development of the presentation was a two meeting -- over the course of two meetings. So there was a number of opportunities for discussion. And it was -- the presentation that was provided to you was agreed upon at the April 8th, at the last time the Oversight Committee met (sic), because they meet only on a quarterly basis. And it was agreed upon by the members, that the content of the presentation was -- met the approval of the committee as a whole. Since that time, there has been, I guess some more information that was brought to Mr. Teaters that has raised concerns. And I haven't had opportunity to express what -- understand what they are. At the next meeting that we hold we're going to try -- we're going to uncover those and we'll provide those to the Board. COMMISSIONER COLETTA: Well, I guess my question is, is the next meeting. What is the objective we're trying to get by this advisory committee meeting again and again and again to be able to produce a report to us that will probably not be substantially different than the one we just received if we're not going to be taking action on it in the immediate future? Don't we have several other studies coming up in the future that will be able to incorporate this in ifthere's an advantage to it? MR. BOSI: Well, I mean, the CIGM and the land use modeling and the population projections that are provided for are spatial population projections, and that's really the basis of what it does. Everything else is just benchmark to -- related to that population. That's still -- it's an active tool. It is an approved additional planning tool that the Board of County Commissioners in 2009 authorized to be utilized within the planning purposes. We will still utilize that. What the request was for -- or what the recognition was from the Page 38 May 24, 2011 Oversight Committee was the process of land use budgeting, that we have to diversify the economic base, if we want to accomplish the things we want to accomplish with the Master Mobility Plan, if we want to increase the efficiencies within our land use patterns, reduce vehicle miles traveled, bring goods closer to where people live, we're going to have to utilize land use budgeting. And the CIGM is a tool to help evaluate how we're doing and what type of land uses need to -- COMMISSIONER COLETTA: We know all that, Mike. And I do believe that we have had that explained to us with -- MR. BOSI: So we'll continue to utilize within -- what this request was, was for the Board to start the process of considering, maybe to apply the CIGM for the entire county. But regardless, even if that decision's not made, the CIGM in its analysis of the East of951 area will still remain active and will still remain an active planning tool within the Board's -- COMMISSIONER COLETTA: Well, that would remain an active planning tool, no doubt about that. Let's go back to this advisory group. What purpose is this group going to do for this Commission in the future? MR. BOSI: What it does is continues to make sure -- one of the things the model is, it's updated with each year's CO. So the base, the things -- the base that it builds off of, that extrapolates and projects into the future is based off of what is built today. So every year or two years, whatever the case may be, it's updated -- the CIGM Oversight Committee is part of that process to ensure that the accuracy of the information is brought forward with each annual update. And also, one of the primary purposes is to make sure that the position points, the concerns that were expressed by the public are still active and still recognized by the Board of County Commissioners as issues that the public has said that we feel that we need to address as we move forward with development in the east. COMMISSIONER COLETTA: You don't feel that this advisory Page 39 May 24,2011 group is at an impasse? MR. BOSI: Until we meet again, I'm not sure. Another point of consideration is, this advisory group only has a three-year window. It is February 24th of2012 that it is set to dissolve. It would only be an action of the Board of County Commissioners if you saw the need to continue this advisory board. The board was really set up to ensure that the growth model was, one, was updated and how it was being utilized by staff in an appropriate manner. And as we've utilized it before with analysis of the demand related to Growth Management Plan amendments, specifically commercial within the Estates and within the eastern portion of the county. COMMISSIONER COLETTA: Now, there's three members on this board is that correct? MR. BOSI: Correct. COMMISSIONER COLETTA: Does that number seem to be effective? I mean, do you think two more would make it a little easier to go with more open discussion, or -- MR. BOSI: I mean, I think three is adequate. The one thing we've said, there's been a lot of transition. I mean, the composition of this committee right now, two of the members weren't originally named in '09. So in the course of a year and a half, we've had -- already we've had a 67 percent turnover within the committee. So there are limitations to how far and how effective this committee's been. But it has been adequate in terms of ensuring that the model is being utilized by staff in manners that the Board has deemed as appropriate. COMMISSIONER COLETTA: Mr. McDaniels, the conversation we're having now regarding the advisory board, did you have anything you'd like to add? MR. McDANIEL: Only to the extent as to echo what Mr. Bosi said. The committee -- the first slide that I presented today talked Page 40 May 24, 2011 about the purview of the committee, why the committee's in existence today. I chaired up the East of 951 Horizon Study Committee. I was -- I am the only original member of this committee since its appointment back in the day. And as a purview of the committee, it was to put forth the suggestions of the East of951 Horizon Study Committee. One of those suggestions was the promotion of the model for the entire county. And as we've been -- as the model's being utilized, as it's been tested, as its accuracy has been increased and proven, it's shown to be an even more valuable tool for us to utilize as planning going forward. COMMISSIONER COLETTA: 1 have no doubt that the model would work for the county. What I have doubts is, is the committee going to get us there. MR. McDANIEL: Well, really, you know what, it isn't necessarily the job of the committee. At some stage of the game someone has to make a decision that this is a good tool for our community to have to feed into the plans that we already have in place so that we're making as accurate decisions as we can from information being provided to us. I would like to make one little correction. Someone made a statement, one of the Commissioners, that we were no longer going to use the BEBR numbers. That's not the case. We're always going to have the BEBR numbers. We get them. Irrespective of their accuracy we're going to have BEBR numbers at least to have as a comparison going forward. So there's no suggestion that we throw the BEBR numbers out. CHAIRMAN COYLE: Okay, thank you. Commissioner Hiller? COMMISSIONER HILLER: I think that was a carryover, although I will say that based on the last statement you made, I would view it the other way around that, you know, this modeling, as has been used in the past, could be a backup to the BEBR, not the other Page 41 May 24,2011 way around. MR. McDANIEL: Six to one. COMMISSIONER HILLER: Not really. MR. McDANIEL: Half dozen of the other. CHAIRMAN COYLE: That would be the decision by the Board, and we'll have that chance at some future point in time if we decide to do that, right? Okay, well, we're just going to accept the report, right? COMMISSIONER COLETTA: Make a motion to accept the report. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to accept the report by Commissioner Coletta, seconded by Commissioner Fiala. Any further discussion? Commissioner Hiller? COMMISSIONER HILLER: My understanding is that we weren't going to take any action, including not accepting the report, because my understanding is there are issues with the report that are being challenged by the membership of the committee. So when you indicated that we weren't going to take any action, I really don't think that there is any vote on this. CHAIRMAN COYLE: The acceptance of the report does not imply that we are endorsing the report, that we are in any way making a decision, we just accepted your report. MR. BOSI: Ifthere was an additional action to bring the growth model expansion back for a budgetary consideration, that would be a different action. I think you're just advising that you're going to consider the CIGM and the expansion of the CIGM. I think it's just a straight acceptance and by no means is it consent towards the expansion of the model by accepting the report. CHAIRMAN COYLE: Do you agree, County Attorney? MR. KLA TZKOW: You're just thanking him for the report is Page 42 May 24, 2011 really what you're doing. CHAIRMAN COYLE: That's right, that's it. MR. McDANIEL: Thank you for having that opportunity. CHAIRMAN COYLE: Thank you for taking advantage of the opportunity . MR.OCHS: Did you vote, sir? CHAIRMAN COYLE: And you will learn more about this process as time goes forward. MR. McDANIEL: Time will tell, sir. CHAIRMAN COYLE: Yes. All in favor, please signify by saymg aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. (Commissioner Henning is not present.) CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, the motion-- COMMISSIONER HILLER: I just would like to clarify that our vote represents what County Attorney Klatzkow said, which is just a thanking for the presentation. CHAIRMAN COYLE: Okay, thank you very much. COMMISSIONER FIALA: Break? CHAIRMAN COYLE: We're going to have a break for 12 minutes. COMMISSIONER FIALA: Two extra minutes. CHAIRMAN COYLE: You get two extra minutes. So we'll be back here at 10:40. (Recess.) CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commissioner meeting is back in session. Page 43 May 24, 2011 Item #10B RECOMMENDATION TO RENEW CURRENT FRANCHISE AGREEMENTS WITH WASTE MANAGEMENT INC. OF FLORIDA, AND CHOICE ENVIRONMENTAL SERVICES OF COLLIER, INC. FOR COLLECTION OF MUNICIPAL SOLID WASTE, RECYCLABLE AND ELECTRONIC MATERIALS AND YARD WASTE IN DISTRICTS I AND II, RESPECTIVELY, FOR THE CONTRACTUALLY PRESCRIBED TERM OF SEVEN YEARS, ENDING AT 11 :59 PM ON SEPTEMBER 30, 2020, AND AUTHORIZE THE CHAIRMAN TO SIGN THE RENEWAL AGREEMENTS - MOTION TO APPROVE THE CONTRACT RENEWAL FOR BOTH DISTRICTS - APPROVED MR.OCHS: Commissioners, we are on Item 10(B) on your agenda this morning. It's a recommendation to renew the current franchise agreements with Waste Management, Incorporated of Florida and Choice Environmental Services of Collier, Inc. for the collection of municipal solid waste, recyclable and electronic materials and yard waste in Districts I and II respectively for the contractually prescribed term of seven years, ending at 11 :59 p.m. on September 30, 2020, and to authorize the Chairman to sign the renewal agreements. Mr. DeLony will present, along with his staff. MR. DeLONY: Thank you, County Manager. For the record, Jim DeLony, Public Utilities Administrator. Commissioners, I have a presentation that parallels your executive summary. And at the end it leads to this staff recommendation, which deals with renewal, as read by the Manager of the record of these two contracts. You know, as we approach the first term of the three terms of these two contracts, staff and the Board are faced with two options, Page 44 May 24, 2011 given the timelines it takes to -- if your decision is not to renew, you know, you're really at the point where you need to make a decision because of that timeline. And so we're faced with two options this morn mg. Option one is to do what has been recommended, and that is renew the current agreements. And the second one of course is to go out for an invitation to bid or a request for proposal of the contracts that we currently have. Let's get to some facts here with regard to the current option one, which is the renewal option. And these are listed here. These are from your executive summary, and provide some of the background associated with option one. It's certainly facts that should be considered and were considered in staffs recommendation for renewal. The second slide again speaks to some more of those facts with regard to this particular contract. And I'll end at the end that then, separate to staffs action, your Productivity Committee at your direction did look at this situation and they too have a presentation for you subsequent to mine with regard to this matter. Staff looked hard at five criteria that are listed in your executive summary in coming up with our recommendation of option one. They dealt with levels of service, price, performance of the current contractors, your local vendor preference, and of course customer feedback. And in that executive summary and on this highlighter on this chart are those matters which deal with one of those five criteria, and that is the level of service. And as you can see there, our level of service remains quite high. In fact, I would tell you that it is as high or better than anywhere in the state in terms of what services we provide under these two existing contracts. I also would highlight that under our current contracts, any Page 45 May 24, 2011 automatic adjustments associated with those contracts is related to a Consumer Price Index, and we index that automatic only at the 70 percent level. Vendor performance, which is also critical. They have about 20 million-plus opportunities between the two contractors to make a mistake in the county, given the size, scope, levels of service and the numbers of accounts associated with this. And you have in your executive summary at the bottom of the chart what the current error rate was for fiscal year 2010, as measured by our customer service records. So you can see that the error rate is very low, and their correction rate, which the contract provides them an opportunity to make a -- have made a mistake and make a correction, they have met those standards with regard to correcting any deficiencies in performance. But again, an error rate of .007 is quite excellent, quite frankly. That exceeds Six Sigma. Consistent with that performance, we have quite high customer feedback in terms of the status and the feedback we were able to garner as part of our staff analysis. 1 believe the feedback is a daily situation, that if people aren't happy in this county they don't wait for a customer survey to let you know that. And we find that folks are quite happy with the services they're receiving from these two vendors. When you get down to price, it's difficult to do an apples and oranges when you look at the varieties of contracts, contractual arrangements, levels of service. But, you know, in the end state it's what the customer is going to bear in terms of direct cost. I mean, you can compare that. Now, you may drive a Chevrolet at one price and drive a Cadillac at another price, and they're different cars, but at the same time the bottom line is what are you paying. And as we look across the board at the benchmark counties that were in your executive summary, we remain at the lowest price on a per residential unit basis for collection Page 46 May 24, 2011 services, both in District one and District two. Under option two, it's very simple. If you choose today that you do not want to renew these contracts, it would be staffs recommendation we go out for request for proposal or an invitation for bid. And these would be the criteria, or these would be the items associated with that invitation bid or request for proposals. However, it is not staffs recommendation we do that, but rather that we renew the existing agreement, given the criteria and the analysis that has been very briefly presented to you this morning, as well as that which is extensively detailed in your executive summary. With that, I'll remain available for your questions. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Well, how about if we hear from the speakers first and then I can be the first commissioner after that. CHAIRMAN COYLE: To rebut the speakers, okay. All right, Ian, would you please call the speakers. How many do we have? Four, I bet-- MR. MITCHELL: Sorry? CHAIRMAN COYLE: Go ahead. MR. MITCHELL: Sir, we have one speaker, and it's Duane Billington. MR. BILLINGTON: Good morning, Commissioners. For the record, my name's Duane Billington. I just have a couple questions. This District I, District II, could staff please tell me what that defines, what areas? Is it a commission district, is it a waste collection district? MR. BELLONE: For the record, Joe Bellone, Manager of Utility Billing and Customer Service. I'm going to step over to the visualizer. Thanks, Leo. Thank you, Leo. The dark shaded area here is District I, serviced by Waste Management, Inc. of Florida. As you can see it services the bulk of Page 47 May 24, 2011 eastern and coastal Collier County. District II, serviced by Choice Environmental Services, essentially services the Immokaleel A ve Maria/Lake Trafford areas. MR. BILLINGTON: Okay, thank you. That also answers then, clears up some questions I would have had if that had been different. From a taxpayer's standpoint, I appreciate the quality service that we're now getting. But also from a taxpayer's standpoint, I'm of the opinion it never hurts to put things out to bid, because the worst thing that can happen is you keep your current provider and have that quality service. Thank you. CHAIRMAN COYLE: But perhaps at a higher price. MR. BILLINGTON: I would hope that this Board wouldn't award it at a higher price. I have that much confidence in you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. First of all, I'd like to share an experience with everybody, if I may. And that was a commissioner from another county invited me to meet with him and a waste hauler because he wanted to acquaint us with this marvelous waste hauler that serves their county and what a great job that they do and possibly consider them. And of course -- well, y'all know me, I'll go to anything and listen to anybody, because I'm always interested to see what kind of information I can gather. And so I went and they were telling me of all of the virtues of this waste hauler, this really, really nice guy. And he was saying that they had twice a week pick-up and they were saying that they had single stream recycling pick-up, and that they even go out into the community and help with community clean-ups and so forth. And after he gave his wonderful presentation -- and I didn't comment about ours, I just listened. And then I said, how much is it? And he said 273 a year. I said, we have everything that you just mentioned, plus we have other things as well, I said, like door to door white goods pick-up and heavy furniture pick-up, anything that you Page 48 May 24,2011 would want, and we pay $100 a year less than what you're paying. And they both just sat there looking at me rather flabbergasted. And so I thanked them very much for the presentation and I said, quite frankly, I'm sticking with what we know is a good product. I was invited also to Waste Management. They were giving a presentation actually to their own employees about this Waste Watch. Well, you know, if it's something I can learn about, I wanted to go, so I attended that. And what was interesting was they're teaching their employees how, while they're on the job doing their job, they also are watching out for us, the residents of Collier County, just to see if there's something different going on in our neighborhoods, somebody peering in windows or somebody's vehicles that shouldn't be there maybe unloading furniture or something. And actually, since that program was introduced, I think twice now they have actually come in and caught some culprit red-handed just because of the waste haulers. And I'm so pleased with that. Meanwhile, community clean-ups. They go in -- and I know in my community especially we've experienced a number of clean-ups where they've come in and allowed us to use the dumpsters while the community itself picks up and disposes of trash and tires and so forth in trying to make their community a better place to live. We've seen excellent community response, customer response, and the greatest recycling program, which is saving us money every day in this recycling program. So with that, let me say I'd like to make a motion to approve moving forward with extending the contract -- maybe I should read it from here. For the collection of municipal solid waste, recycling and electronic materials and yard waste, renew the current franchise agreement with Waste Management. CHAIRMAN COYLE: Okay, a motion for approval. COMMISSIONER COLETTA: Second. Page 49 May 24,2011 CHAIRMAN COYLE: Of staffs -- well, not of staffs recommendation, but retaining one of the alternatives recommended by staff. And seconded by Commissioner Coletta. Okay, now Commissioner Coletta, you had your light on. Do you want to say something? COMMISSIONER COLETTA: Yes, I do. Excuse my voice, I'm coming down with a cold; Mr. DeLony? MR. DeLONY : Yes, sir. COMMISSIONER COLETTA: A couple of things. One, thank you for your years of service here, and we're going to miss you very much. MR. DeLONY: Thank you, sir. Thank you very much. You know, it's about nine years now. COMMISSIONER COLETTA: Well, that's impressive. I wish you the best of luck over there in Afghanistan -- MR. DeLONY: Thank you, sir, thank you very much. CHAIRMAN COYLE: And he had hair when he came here. MR. DeLONY: Yes, I did. It was a different color. COMMISSIONER COLETTA: But sir, one of the questions that comes up every single year in one fashion or another has to do with the amount of pickups that take place. And the public has come to us numerous times, and I'm sure there's a lot of people that don't know the answer, wanting to know what the savings would be if we were to eliminate one pick-up a week and just have a single pick-up. And, you know, usually it's quite a shock what the number is, and I thought you might like to share it with the public, because that's one of the things that's always on their mind. MR. DeLONY: Yes, sir. Let me begin with the end. The level of service we have at the cost we have remains the lowest cost, you know, any survey we were able to take. So I'm going to start with the end and work backwards. Page 50 May 24, 2011 When we went and looked at what we could probably reduce on that bill, it was less than a dollar a month for that pickup. And I began to evaluate that because -- in fact, I've been asked three times on the record in the last three years, usually at budget time, by one member of this commission or another, about this. And I'll re-answer it again the way I did before. I said for that dollar a month we keep the cleanest county in the state. And here's the reason why. You're at your home. You ,for some reason forget to put your garbage out, okay, it's Tuesday and you wake up and you didn't do it. You don't get a chance to get a re-do till next Tuesday. COMMISSIONER COLETTA: Two weeks. MR. DeLONY: Seven days later, six days later is the next time. And then meanwhile, it's sitting in your garage and it's stinking because it's 150 degrees in your garage because your community in which you live requires that your trashcan be in your garage or, being your district, sir, it's sitting there and the bears get ahold -- COMMISSIONER COLETTA: Yeah, we've got the animals. MR. DeLONY: Okay. So consequently you decide -- and you're not a good citizen, for some reason you're just desperate, and you decide you've got to get rid of it. What do you do? Well, there's 2,000 square miles in this county, about 1,800 or so is the Everglades. That's what happens with illegal dumping. We look at this county across the board and we see illegal dumping? No, we don't. Not on the scale you see in other parts of the state or where we all came from before we got here. So I would answer the question, for under a dollar a month we can keep the cleanest county and keep our residents well serviced and well taken care of for the variety of reasons that I've described. I hope I've answered your question. COMMISSIONER COLETTA: You certainly have. Thank you very much, Mr. DeLony. CHAIRMAN COYLE: Commissioner Henning? Page 51 May 24, 2011 COMMISSIONER HENNING: Your statement is correct; it's an apples and oranges comparison. The demographics of communities that you survey are different, like Monroe County is from Key West to Key Largo. No, I'm sorry, it takes in part of Homestead also. So, I mean, that's a vast difference besides the fact as all that stuff goes to Okeechobee landfill. It is impossible to do a comparable of any community. The only true way to know if you're getting a good deal is if you go out to bid. How much is this contract worth? MR. DeLONY: I believe that we're talking about $10 million a year for the vendors. COMMISSIONER HENNING: For one vendor? MR. DeLONY: That's correct. Between the two it's 10 to $11 million a year. COMMISSIONER HENNING: It's $77 million for the -- MR. DeLONY: The seven years -- COMMISSIONER HENNING: -- for a Waste Management contract, and approximately $30 million for the Immokalee contract? MR. DeLONY: No, sir, not 30. It would be -- at most it would be less than a million dollars a year. Actually it's about half a million dollars for Choice. Somewhere between 10 and $11 million a year is what these services are paid to these two contractors. COMMISSIONER HENNING: When was the last time it went out to bid? MR. DeLONY: We actually had to renew in 2005. And before there was a renewal in 2002. COMMISSIONER HENNING: When's the last time it went out to bid? MR. DeLONY: To my knowledge it went out to bid in, the 90's was the last time it actually went out to bid, and the prices were stabilized there at that time. COMMISSIONER HENNING: At that time wasn't a -- they had Page 52 May 24, 2011 one driver, two men on the truck, picking up garbage cans? Technology has changed, operation has changed, but the prices have gone up? MR. DeLONY: The prices have been adjusted per contract at the cost of living, at seven percent of the cost of living since the beginning. COMMISSIONER HENNING: The only way that we're going to find out -- we may be getting the best deal. The only way that we're going to know is if we go out to bid, bottom line. I said it last time this came up in 2005 and I'll keep on saying it. That is the only way that we're going to know if the people we serve is getting the best deal. Period. It's just anybody else's guesstimate. Whether it be Commissioner Coletta or anybody else, we would just be guessing. CHAIRMAN COYLE: Okay, thank you very much. Commissioner Hiller? COMMISSIONER HILLER: Yeah, I had an opportunity to speak with the District Manager Larry Berg, and I do have to say that Waste Management does do an excellent job in Collier County, and that's evidenced by the fact there are very, very few complaints with respect to their services. But I do have to agree with what Commissioner Henning said. And quite frankly, Mr. Berg shares a common understanding of comparing counties to Mr. Henning's understanding. It is virtually impossible to compare county by county whether the price that we are being charged here in Collier is a good deal or a bad deal. The differences between the counties are material. For example, hauling distances, traffic densities, you know, how quickly you can turn a truck all make an impact -- all have an impact, I should say, on what the price is. And so to limit the analysis to merely the level of service standard in terms of number of weekly collections and the cost per Page 53 May 24, 2011 unit as a basis for saying that we should go forward with this I don't think is a correct argument, quite frankly, to any degree. However, with that being said, at the same time we are looking at a performance based contract, and we need to consider what we have in total. Waste Management doesn't only provide these collection services, they also provide us with landfill services. And they're also generating revenues, as I understand, from the gas to energy contract that we have. Last year alone Waste Management generated about $20 million in revenues from Collier County, not including what they generated from the gas to energy revenue source. So that is a very large contract. And what I would like is to have the level of comfort that the overall cost to Collier County of the total of all revenues to Waste Management is in fact giving us the best possible deal, given the uniqueness of Collier County. And I'd like to ask Larry to come up and comment on that and explain to us how, you know, when you look at the total picture, we're actually in fact getting the best we can get -- yeah, come on up. MR. DeLONY: Okay. Larry, we also while you're here go ahead and introduce Chuck, if you would, please. COMMISSIONER HILLER: Thank you. Because I think it's important to -- you know, when you look at something like this, you have to look at it in total. And again the comparisons, county to county. And I'll just, for the benefit of the audience, the -- an analysis was prepared by our staff that compares the variables that I just described. And one of the counties they compared us to was Martin County. And the pricing per unit in Martin County was 157.56, versus 110 in District one. But there is a reason why there is such a material difference, and that can be explained. And I'm going to let Larry explain that difference. And just so you all know, Martin County, by comparison to all the other counties, is most similar to our county in many Page 54 May 24, 2011 respects. Besides the level of service, it's a similar type county. And so, it's a very fair comparison. And Waste Management is also their provider. So they can explain to us why there is a difference in price. And you can't really use the analysis and say because, you know, we're at 100 and they're at 157 that we got the better deal. MR. DEES: Chairman Coyle, in could respond to that, Larry just works this area, if that would be -- CHAIRMAN COYLE: Why don't you tell us where you're from and what your qualifications are. MR. DEES: For the record -- yes, sir. For the record, my name is Chuck Dees. I'm with Waste Management. I'm the Vice-President of Public Affairs for the company here in Florida. And I preside in Venice, Florida. CHAIRMAN COYLE: Thank you. Go ahead. MR. DEES: Really, the basic difference in Martin County and Collier County is disposal. They have a transfer station and they direct that to one of the landfills a little bit further north. So-- COMMISSIONER HILLER: That's the hauling that causes the difference in price. MR. DEES: Well, you know, every county is unique, but then every county has a lot of similarities. So it's a lot of apples and oranges, as staff has pointed out. It's pretty interesting, because the service that Collier County receives is very unique. It's very hard to find that type -- that level of service in the state. It's that significant. And the only attempt I know of to actually come anywhere close to the level of service that Collier County has is Manatee County. They actually took our fees, very similar, twice a week, automated, single stream. And the prices came in north of$13 per home and they rejected all of them and they actually started the process all over again. So Collier County has absolutely the best services, the valued services in the state that I'm familiar with. And I looked pretty hard. Page 55 May 24,2011 COMMISSIONER HILLER: And that's considering the material differences between the counties, like for example, as you pointed out, Martin County, one of the reasons their price is that much higher is because you've got a greater hauling distance, obviously, to the dump as compared to our local landfill. MR. DEES: That's certainly one of the differences. That would be the one that really I recognize right off the bat. COMMISSIONER HILLER: Right. And so my point is, is when you are looking at these numbers between counties, you are looking apples to oranges, and so the analysis has to go beyond that. Can you address like the totality of the services you provide, since you really are the sole provider to Collier County -- I shouldn't say the only provider, we've got Choice to a very small degree, but you are really the sole provider for all the Waste Management services. Can you explain how you're providing us the best deal overall and that we're not getting, for example, charged more on the landfill side that would offset the cost on the service side? MR. DEES: I'm not sure -- you know, I have a content expert right behind me with Larry, who actually does it every day, so I'm not sure I'm quite as qualified as he is. But what's interesting with Collier County is that they've actually done a really nice job of -- there's a lot of peripheral services that go into these contracts. We do the MSW, yard waste, recycling. Matter of fact, the single-stream recycling, Collier County is recognized around the state as having one of the largest recycling rates in the state. And that's been significant for Collier County and the staff because it's tremendous savings to your landfill and the county and the air space, which is extremely valuable. So that single-stream is worth every penny that those carts are collected every day. But there's a lot of peripheral services. And it's interesting; just commercial, you've got container re-delivery fees, commercial Page 56 May 24, 2011 container roll-out, lock bars, rent, extra pickups for handling of the additional services that may not be in your normal schedule. And when you go through and you look at that, Collier County has actually negotiated in their contracts all of that for free, where Martin County actually pays for those individual services. They pay for commercial container roll-out, they pay for unlocked container per service, they pay for casters, they pay rent on a roll-off container less than two pulls, and on it goes -- odor control. So each one of those services Martin County has to pay for, which isn't in even the rates that they analyzed, actually. Collier County has done over the years a very good job to the county's favor, and not necessarily the vendor, of really in continuing to improve the contract for the constituents. COMMISSIONER HILLER: Can you relate that to the total of the services? Like for example, the landfill contract and the contract for the gas to energy. MR. DeLONY: Can I answer that for you, Chuck? Those are separate agreements, separate contracts, separate solicitations, you know, in terms of it. And I work very hard as your administrator to keep that in perspective, so one does not cheat over to the other in terms of ensuring we can show the accounting of cost to the service. The landfill operating agreement is an independent contract to the collections agreement. That's the reason we're here today discussing whether we continue the current renewal or we go to -- back out to bid. There's no audit. Now, in the case of the landfill operating agreement, the Board in the 90' s made that a life of site agreement. So we're with Waste Management throughout the life of site there. Separate agreement. The landfill gas to energy agreement was a subset to the landfill operating agreement. So those are separate actions, just to make sure contractually I've made that clear as I can to you, ma'am. Page 57 May 24,2011 COMMISSIONER HILLER: And I guess my question there is I want to make sure that we're not getting, you know, a real favorable price over here because we're paying -- MR. DeLONY: That's exactly correct. You nailed it. COMMISSIONER HILLER: And then the other thing I want to make sure of too is, you know, is there an advantage, and maybe not today but in the future, to when we let this contract, that we let it out for all the services. And because you're basically servicing us in so many different fashions, you know, availing ourselves of, you know, the competition based on a very high dollar contract where we might get even more efficiencies. MR. DeLONY: One of the things I considered when I first came on board, I saw this arrangement just the way I've outlined it to you, and I thought well, why don't we bundle. COMMISSIONER HILLER: Right, that's exactly -- MR. DeLONY: And I backed away from that very quickly. Let me tell you very quickly, in may. Just hear my thoughts. And why I supported staying the course. I never brought you an option, or was never directed, for that matter. They're separate activities. One is this and one is that. And because we own the gate of the existing landfill operating agreement, that's a very, very, very good position that we control the destiny of that landfill. Chuck's firm runs landfills all over the state, for that matter, all over the word. In very few instances do you find where the owner operates the gate. We own -- we've got the keys to the city on that gate. And looking at the LOA after we were able to refine some of the odor control issues and some of the other things that had to be taken care of in terms of working face management and many, many other disputes that have been positively and affirmatively controlled and at standard today. Page 58 May 24, 2011 I would recommend that what we have is an opportunity for this Board to always make good market-based decisions on how to get this mix and match. I could not find any advantage whatsoever in bundling because of the differences and the complexities of the landfill itself first, and secondary, the collection services. In my view. And that's the reason we've kept it that way. I would not tell you that that is the only way to look at this, but I have looked at that and seen other -- looked at briefly other counties' experience on that. And I would recommend that we are probably in the best position to control our own destiny as a community with regard to both the life of our landfill and the cost of our collection services the way we currently have it outlined. But that's -- never say never. We need to be open to the possibilities as we move forward. COMMISSIONER HILLER: Isn't that a James Bond movie? MR. DeLONY: Yes, it was. COMMISSIONER HILLER: That's what I thought. MR. DeLONY: Yes, it was. CHAIRMAN COYLE: Commissioner -- are you finished? COMMISSIONER HILLER: Yes. CHAIRMAN COYLE: Commissioner Coletta? MR. DeLONY: And I'm sorry in -- to Chuck, if there's anything, I'm sorry, but I wanted to make sure in the Commissioner's mind that there was separate contractual instruments out there for those bifurcated activities. CHAIRMAN COYLE: Okay, it's all yours. COMMISSIONER COLETTA: Thank you very much. In could, I'd like to make a couple of comments after Gina Downs gets to make the presentation from the Productivity Committee. CHAIRMAN COYLE: Okay, thank you. Ms. Downs? Page 59 May 24, 2011 COMMISSIONER HILLER: Before we get started, may I make a comment on that? CHAIRMAN COYLE: On what? COMMISSIONER HILLER: On the presentation. CHAIRMAN COYLE: You may make comments, yes. COMMISSIONER HILLER: Thank you. I have some concern, because I only received this information yesterday, and I've asked for back-up. And I didn't receive any of the back-up that I requested. So I really -- you know, I haven't had any time to really review this the way it ought to be reviewed, because the information I requested wasn't provided. And this was only presented to us yesterday. And I don't really know why it wasn't presented as part of the back-up. And, you know, we have a rule that we can't accept anything, you know, once the agenda has been published. So, I mean, I really don't think it's appropriate. COMMISSIONER COLETTA: County Attorney, could you comment, please? MR. KLATZKOW: If the three of you want to hear the speaker, you may. If three of you agree with Commissioner Hiller, then the speaker does not speak. COMMISSIONER COLETTA: Does it require a motion, just nods of the head, what's the best way to handle this, sir? MR. KLATZKOW: I think nods of the head are fine. COMMISSIONER COLETTA: Okay. I want to hear the speaker. They put a lot of work into this. And for some reason, if we have any further decisions we have to make, we can always continue the meeting on this item. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yeah, is this something that we have to make -- is this just part of the presentation that our own people want, or is this -- this isn't a decision-making thing, this is just back-up material, is that it? Page 60 May 24, 2011 MS. DOWNS: This would be the Productivity Committee's -- COMMISSIONER FIALA: Oh, the Productivity Committee. I'm sorry, I didn't say that correctly. Yes. And we've gotten notes from the Productivity Committee, or at least I did. So I'd like to hear it. I think that that's good. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I would rather receive it as part of the agenda packet. If it was that important to have it in the public forum, we should have had time to study it. CHAIRMAN COYLE: That would have been my preference also, but I rule I would like to hear it now. MS. DOWNS: A sub-committee was formed at the Productivity Committee to evaluate this contract, see if it was prudent to recommend bidding it or not bidding it, taking the renewal clause. This is just some of my back-up material, which I'm happy to flood you with e-mails and you can look at that at any time. There were five people on the sub-committee. Jim Gibson chaired it, Rich Federman, Vlad Ryziw. COMMISSIONER FIALA: Ryziw. MS. DOWNS: Okay. And Joe Wall and myself. So the Waste Management, the Utilities Division came to the Productivity Committee, showed us the -- essentially the same slides they showed you. Then we had a sub-committee meeting. Then we went back to the full committee and it was voted 7-1 to accept our recommendation and move it forward to the BCC. What we did, and this is in no way disrespectful to the staff, but we -- they provided us with findings from five or six different counties. Well, we did our own independent analysis. Sometimes that included some of the same counties that they looked at and other times it did not. We looked at -- I always like to go out to 10 like-sized counties in Florida. I put together a spreadsheet, sent it to those 10 counties. Page 61 May 24, 2011 Some did not respond. Let's see -- if you want to know who they are, Alachua, Martin County did not respond, and Ocala, I think it was. I did ask for help from the department, asked them to forward that spreadsheet to those counties, hoping that they would respond if it were a county-by-county request. But still, those counties did not respond. You can see on the bottom is the population of each of those counties. And I always keep them in the same order in these slides; that's a little trick that some people will do, but I won't. And the yearly cost is at the top of the slide. Collier County is in the red arrow. Our yearly cost was 173,49. So simply comparing the yearly cost to the taxpayer, we eliminated the first five counties, St. Lucie, Leon, the City of Naples, Lee County and Escambia County, because their prices were anywhere from 25 to 45 percent higher than our yearly costs. Next we compared level of service. In the blue at the bottom is the number of times the yard waste was picked up. Again Collier County has the red arrow. Every county picked up yard waste once a week. In the red, building up from the blue, again, that's recycles. Every county picked up recycles once a week. The difference in level of service came with the solid waste pickup, which is depicted in green. Five of those counties, as does Collier County, picked up twice a week solid waste. Therefore, we eliminated for level of service Leon, Lee, Escambia and Sarasota counties, took them out of the picture. And remember, we've already eliminated the first -- what we're honing in on as the sub-committee, we eliminated the first five counties because of cost. Now when we overlap that with level of service, we are eliminating these other counties. Sarasota is shown here twice because they have two distinct districts and two completely different prices for pickup there, so that's Page 62 May 24, 2011 why I put them on this chart twice. That left us with Collier County, population 421,000. Seminole, 422,000 -- I'm sorry, Collier should be 321. Seminole, 422, Manatee, 322,000. So now we've got our best comps based on price per year and level of service. There are the three price differences. Seminole County, 190 a year, Manatee a little bit less than ours, 155. What it boiled down to was about 10 percent difference each time. Seminole County 10 percent higher, Manatee County was 10 percent lower. Then you ask yourself, what are the other differences if it's not just price and level of service. That's when we get into single-stream or the convenience to the customer. Single-stream is when none of the recycles have to be divided. Other counties you may have to take out your newspaper, bundle it separately. Sometimes cardboard is separate, glass and plastic. It depends on how they ask you to break them down. For the convenience of the customer, we get more recycling. The easier you make it the more compliance there is. The more compliance there is, the more cost savings, as Commissioner Fiala mentioned. The more cost savings because of the high number of recycles. So let's look at single-stream. Collier County we know does offer single-stream recycling. Seminole did not, Manatee County did not. What are the other differences? Does the size of the container matter? Collier County offers up to a 96-gallon container for trash. They will give you smaller containers if your needs are different. Seminole County's limit on the size of the trash container is and was 50 gallons. Manatee's size limit is 32 gallons. So clearly we have the ability to pick up more trash in Collier County. We're a trashy county. We pick up a lot of trash. The rate adjustment, the automatic rate adjustment twas another Page 63 May 24, 2011 factor we thought was important in these contracts. Collier County has an automatic 70 percent of the CPI. That was the lowest one I found of any 14 county comparison I did. Seminole County, who we're focusing on here, had a 90 percent automatic rate adjustment for the CPI, and Manatee County also 90 percent. Very small difference, but over several years that can add up. The big one in my mind is the fuel adjustment clause. Collier County does not have an automatic fuel adjustment clause in the contract. Seminole County in all the 14 I looked at had the worst deal. Twice a year every year they automatically have a fuel adjustment increase in their contract. Now that's based on their county and state numbers of fuel that year. Manatee County, yes, they kick in an extra 10 percent ofa factor of the CPI that is separated out just for fuel. So they're kind of double dipping. They've already done their CPI increase and then they pay an additional CPI based on the fuel use. The recommendation, very strong recommendation from the Productivity Committee was that this was a win win for county residents. When you say letting this contract could potentially be beneficial, we see it as potentially very harmful. All of the newer contracts that have been re-Iet have automatic fuel adjustment clauses in them. I think based on that it's highly unlikely you would let out a new contract and not have an automatic fuel adjusted increase in that contract. So we found this to be a win/win for the county residents. Now, I have a few more. He's shaking his head. I always like to have a little fun. These were some knock-your-socks-off moments as we were reviewing this. Hodges University did the demographics of other counties throughout the United States that they find most comparable to Collier County. Well, I obviously stole their data and I like to hone it down to three countries that I am constantly watching now; Sonoma County, California, Lane County, Oregon, and Charleston County, South Carolina. I picked those three out of their -- basically their 10 because Page 64 May 24, 2011 those are all coastal counties, the others were not. What I found in the first one, Sonoma County, they have a 20-year contract and they divide their county into eight zones, population about 460,000. Their yearly cost is $589.64. Now, compared to our $173 contract, that's $400 a year less for every resident here. And like I say, I call that a knock-your-socks-off moment. The other two I could not get comps on. Lane County, Oregon. Notice I say Oregon, because that's how they pronounce it out there. They only have pickup in Eugene, the City of Eugene. The rest of the county has no county-wide pickup. They call it pay-as-you-throw. They make their own arrangements with private vendors or haul it to a landfill. I have a brother in Portland, Oregon. I called him. His yearly pickup is 293.40, for comparison. Charleston County, South Carolina we could not do a comparison on, because they divide that county up. Even though it's a -- very strongly resembles our population, they divide it up into 16 service districts and have 16 separate contracts for their solid waste management. So that's it for the sub-committee of the Productivity Committee. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Mr. DeLony? Do you have any examples of people putting their contract out for bid when they didn't have to and it went terribly wrong? MR. DeLONY: Yes, we've got a couple charts for you, sir. If we may get them up, I'll ask Joe to dig them out of his pile. But, you know, the actual truth is we haven't found anybody that we were able to find, and I think Gina had the same comment in her presentation by her sub-committee, that came out better after a re-solicitation. In fact, there was a couple of evidences of a few years ago, and I believe it's one of our sister counties to the north, if I recall, it was Charlotte County, is that right? Charlotte County that went out, Page 65 May 24, 2011 you know, thinking that we're going to get a better deal. They didn't, and they went back. And so recently, Cape Coral is a good example of one that has gone out. City of Cape Coral went out thinking they were going to be able to do it. And actually I have Cape Coral results right here from their recent re-solicitation. And Joe, if you'll go over those real quick. MR. BELLONE: For the record, Cape Coral just recently bid last year. And you may have seen several news broadcasts from Cape Coral. There have been quite a few issues. They had been with Waste Management for 15 years and they wanted to see what they could find out on the marketplace. They received several proposals, six to be exact. The contract eventually was awarded to Waste Pro. And you can see the rates that they're getting, $115.22 per year for one weekly pickup of trash, recycling and yard waste. However, commercial rates were increased significantly. And then due to a lot of public outcry, they were reduced again and they are using their reserves to fund those differences. The new contract implemented automated collection. And again, I think we talked about methods of collection. In the old days there were two people, two men on a truck, they had to get out and take a personal can and dump it into the back ofthe truck, the rear loader. What we do here, we have automated collection. And that is you roll your cart out, carts that you get, 96, 64 or 48-gallon and they're loaded automatically into the truck with arms, that's hydraulic. Cape Coral wanted to do that. However, I think the issue there, was that they didn't do enough public education. People liked their private -- their own personal cans, didn't like the large cans. They offered -- at proposal they offered several containers but again only -- later only offered two. And initially rolled out the 96-gallon cart. Those were much too large to fit in some garages, and some of the citizens complained that they were too large and too heavy once they Page 66 May 24, 2011 were full to roll out. They did offer to replace the larger carts, however, it was at a charge to the consumer, which we don't do here. We asked them what they would have done differently now that they think about it in hindsight, their after-action review. They think they would have delayed the transition to automate, which we've already done and our citizens are already used to that to make their transition easier. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Last presentation showed a population of Collier County at 421,000 and I thought we're at 321,000. CHAIRMAN COYLE: We are. MR. DeLONY: I believe she corrected that number in her presentation. COMMISSIONER HENNING: Oh, okay. Just the comparison was that 421,000. MR. DeLONY: Yes, sir. COMMISSIONER HENNING: And the comparison was the collection and disposal. Are we talking about a contract for collection and disposal? MR. DeLONY: This deals strictly with collection services, sir. COMMISSIONER HENNING: Collections. And communities do different kind of disposal? Some of them haul it out of many states, some of them, you know, landfill like we do, some of them incinerate. I'm sure the left coast of California probably eats it, I don't know. But everything they do in California is expensive. I don't know why we had a comparison of California. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: You know, looking at this presentation by Productivity, you know, they're materially different numbers than presented by staff for the same counties. Like if you look at Lee County, for example, the annual charge per unit is 119.04 Page 67 May 24, 2011 to 158.64, whereas on Page 2 of the presentation Lee County is represented with a single number, $245.43. That's very different information. COMMISSIONER HENNING: There's the population again. COMMISSIONER HILLER: For example, you can see Lee says 245.43, whereas the numbers presented -- Sarasota, again, Sarasota presented by staff is $90.12. Sarasota presented by Productivity is 159.48 and 134.94. Interestingly, if you look at Sarasota where you've broken it out into two different numbers, and you go back to Lee, what's indicated on the staffs report is that Lee actually has five service providers, explaining the range in rates from Veolia, Waste Pro, Choice and Waste Management. So -- actually is that one, two three -- yeah, five. So I just question what -- why are there these material difference in numbers? MR. BELLONE: Commissioners, for the record -- COMMISSIONER HILLER: Can I hear it from Gina? It's her presentation. MS. DOWNS: Lee County, you are right has five different districts, and there were differences in prices of them and we gave you the lower figure of all of theirs. 245.43 was their latest contract of 10/1/2010. I gave you the rest of the comparisons as far as their level of service and their price. They may have some smaller areas, some older contracts that are a little -- they weren't much difference in the pricing, as I suspect you already know. COMMISSIONER HILLER: Well, Sarasota's numbers are different also. MS. DOWNS: Sarasota's numbers are different than-- COMMISSIONER HILLER: Yeah, staffhas 90.12 and your numbers are 159.48 and 134.94 -- MS. DOWNS: I don't know if staffs numbers did or did not Page 68 May 24, 2011 include collection or -- we independently looked at our numbers, so -- MR. DeLONY: Again, for the record, Jim DeLony, Public Utilities Administrator. Again, numbers in the staff report deal with collection services and the collection services only. The numbers here that are presented by the Productivity Committee, do you know if they're including disposal or other services or administrative fees? I really don't know. MS. DOWNS: We're looking at what the taxpayers paid in those counties. MR. DeLONY: Then most probable, and I don't know for sure, that these represent a collection, a disposal and potentially administrative fees associated with their total cost on their waste bill. As this was a competition of renewal of collection services and collection services only, the correct comparison from staffs perspective was to look at collection services cost, not the other two components of cost, but that singular component of cost with collection services. My presentation that I had earlier and the material you have in your executive summary from staff lays it out just that way. If there's a difference in the numbers, I suspect it's in the fact they're more all in and we're singularly focused on collection and collection services. COMMISSIONER HILLER: And that's really why I need to see the backup, because what Gina said is that she drew that number from the contract, and yet you're telling me you drew it from the contract and you're telling me she's drawing it from the assessment, but that's not what she's saying. So, I mean, I see material discrepancies here. So I have a hard time relying on this again for the reason that I said. I'd like to address one other point. The issue of the fuel adjustment. Yes, I mean, it's absolutely correct that we don't have an automatic fuel adjustment, but what we do have is a provision that Page 69 May 24, 2011 provides for reimbursement for extraordinary conditions that are not foreseeable. And I just want assurances, I mean, we all know that fuel prices are going up, and it is foreseeable, I mean, it's being projected-- well, maybe they're going down now but they'll be going up again, probably. So I just want to be sure that the foresee-ability issue doesn't go to the fuel prices. I mean, extraordinary conditions, to use your example, Mr. DeLony, is what did you say, the dove in the windshield or-- MR. DeLONY: Geese. COMMISSIONER HILLER: The goose. MR. DeLONY: I actually said gooses. COMMISSIONER HILLER: The gooses in the windshield. So I want clarification. And I think we -- you know, I don't want to see the extraordinary conditions provision used as in effect a fuel adjustment proVISIOn. MR. DeLONY: Let me address that. There's a contractual term and condition which I read to you yesterday and they're in the record today. We're suggesting as our recommendation they stay exactly the way they are in our current agreement. Just for everyone's benefits, this specific clause, which is clause 27.4 on Page 61 of the contract, provides for an extraordinary rate adjustment on those costs of operations which could not be reasonably foreseen by a prudent operator. And it provides for a petitioning process first through the staff and eventually the Board with an audit requirement by an independent auditor with regard to these costs. I will not try to make a recommendation or a representation to you today about fuel. Fuel is going to be what fuel is. Weare not in the fuel business, we're in the garbage business. This operator has, by this clause, irrespective of what the other clauses that Gina spoke to, which were automatic, this operator has an onus upon them to be efficient and effective in the utilization of fuel, which by the way, is my understanding of the collection business, that's your single greatest Page 70 May 24,2011 cost. It's more than equipment, it's more than labor. So they're in the game without automatic adjustments. We don't underwrite their inefficiencies or their lack of fleet maintenance or fleet renewals. At the same time, however, in a reasonable accommodation of contract, which is stated again at 27.4.1, there must be some type of element of contractual that the risk is appropriately adjudicated. And I believe this clause does that. If the fuel shoots up out of the sky and they can bring in the grounds for an adjustment, an equitable adjustment or what we call an extraordinary rule adjustment, there's a process to review that, it's a public process, there's third parties involved, there's a dispute resolution process associated with it, and in the end this Board makes that decision, as you do on all adjustments to contracts. So I think it's a reasonable accommodation. If automatic -- automatic in my mind has always been problematic in ensuring that we get the best value. COMMISSIONER HILLER: Although when I read this in 27.4.2 it says the Board's decision shall be final and non-appealable. MR. DeLONY: That's correct. At the end of the day, like all contracts, you make the call. At the end ofthe day you always make the call on those contracts with regard to any requests for equitable adjustment. This is no different than those contracts. Except it is unusual, it appears, from the survey that we've done and that which Productivity has done, we don't have an automatic here. You've got to prove it. And you have to prove it through performance and it has to be third party audited. COMMISSIONER HILLER: Let me just ask a quick question of the County Attorney. How would an extraordinary change in the price of fuel be (sic) defined for this purpose? I mean, we've had a lot of changes in the price of fuel of late. How would that be handled? Page 71 May 24, 2011 MR. KLATZKOW: Nothing's happened lately that's extraordinary. An extraordinary event for fuel, ifthere's an extraordinary event for fuel, would be like the oil embargo we had in the 1970's where the spigot got shut off, in essence. There are options markets out there that these large companies hedge against as far as pricing goes. The vagaries of the market in fuel I don't think fall under this clause. The clause is for hurricanes and for very unusual events. COMMISSIONER HILLER: I would agree with you. And I just wanted clarification. Thank you so much. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Okay, so stripping away personalities and politics and getting back down to the issue, the Productivity Committee by a 7-1 vote endorses us moving forward to renew this contract for another seven years, yes? MS. DOWNS: That's right, we did. COMMISSIONER FIALA: Okay. And we have a motion on the floor and a second. CHAIRMAN COYLE: All in favor, please signify -- MR. OCHS: Commissioners, I'm sorry. COMMISSIONER FIALA: Yes, Leo. MR.OCHS: I'm sorry, but when Commissioner Fiala made the motion, if I'm not mistaken, she mentioned the Waste Management agreement, but that's only one of the two district contracts. If you would include the District II contractor as well ma'am, in your motion. COMMISSIONER FIALA: Yes, let me restate my motion. To renew the current franchise agreement with Waste Management and Choice Environmental Services for the collection of municipal solid waste, recyclable, electronic materials and yard waste Districts I and II respectively for an additional term of seven years. COMMISSIONER COLETTA: That's my second. CHAIRMAN COYLE: Okay, all in favor, signify by saying aye. Page 72 May 24,2011 COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign? COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay, it passes 4-1, with Commissioner Henning dissenting. What can we do in 18 minutes? MR.OCHS: I'm looking over at the County Attorney to see ifhe believes 11 (A) can be handled before lunch. Jeff? MR. KLA TZKOW: I hope. Item #llA REQUEST AUTHORIZATION TO ADVERTISE AND BRING BACK FOR FUTURE CONSIDERATION AN AMENDMENT TO CHAPTER 49 OF COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO ECONOMIC DEVELOPMENT, WHICH WILL ESTABLISH ADDITIONAL CRITERIA TO BE EV ALUATED (1) WHEN THERE IS A REQUEST TO LESSEN OR WAIVE CERTAIN REQUIREMENTS IN EXISTING ECONOMIC DEVELOPMENT ORDINANCES & PROGRAMS, AND (2) WHEN THERE IS AN APPLICATION SEEKING GRANTS AND/OR OTHER INCENTIVES WHICH FALL OUTSIDE EXISTING ECONOMIC DEVELOPMENT ORDINANCES AND PROGRAMS - APPROVED MR.OCHS: Okay, try that one, sir. 11(A) is under County Attorney's report, it's a request for authorization to advertise and bring back for future consideration an amendment of Chapter 49 of the Collier County Code of Laws and Ordinances relating to economic Page 73 May 24, 2011 development, which will establish additional criteria to be evaluated, number one, when there is a request to lessen or waive certain requirements in existing economic development ordinances and programs. And number two, when there's an application seeking grants and/or other incentives which fall outside existing economic development ordinances and programs. MR. KLA TZKOW: And briefly speaking, this arises out of the item before the Board at the last meeting. A metal recycler came in; he was seeking some economic development incentives. Their application fell outside of our existing ordinance, in that there was insufficient number of jobs and the wage was below what we normally would seek. The question came up as far as waivers or lessening of some of these requirements. I was directed to come back to give the Board greater flexibility when people come in here and ask the Board for economic aid where it doesn't fall within the four corners of the ordinance. While I was doing that it occurred to me that you may have from time to time, like the Jackson case, people coming to you, asking for something that's completely outside your current ordinances, and how would you evaluate that. And so I went through different jurisdictions and went through the state requirements and I came up with a number of criteria. It would be my hope that when these come forward in the future staff would give you a report analyzing this criteria so the Board can make a full, fair evaluation as whether or not it's the public purpose to award monies or not. CHAIRMAN COYLE: Commissioner -- how many public speakers do we have? MR. MITCHELL: Sir, we have two public speakers. CHAIRMAN COYLE: Why don't you call the public speakers. Page 74 May 24,2011 MR. MITCHELL: The first speaker is Duane Billington, and he'll be followed by Peter Gaddy. MR. BILLINGTON: For the record, Duane Billington. I presume the guidelines for all these various programs had a purpose at the time. I presume they were well thought and researched, and now we're looking at essentially having no guidelines, no rules, no regulations. At any point in time you all will be able to make arbitrary decisions. Some of them may be capricious in nature. You'll be picking winners and losers. Maybe the best thing to do is just eliminate those programs and remove all the angst and all the problems and do things on an individual basis. Thank you. MR. MITCHELL: Peter Gaddy. MR. GADDY: Peter Gaddy on behalf of the Coalition for Open Economic Development. I agree with everything that Mr. Billington has just said. I think you should just scrap the whole ordinance and just put in a provision that you can disburse public funds to any person any time you so choose. That's basically what the new ordinance will say. I'd like to point out two other deficiencies of the ordinance. The ordinance has no provision to audit whether or not there has been compliance with the terms of an economic development agreement. There should be a provision in the ordinance whereby any applicant is required to agree to an audit by county staff to assure that jobs have been created or whatever the conditions of the agreement might be. There should also -- some of the economic development agreements that have been entered into tend to bind future boards. And there should also be a provision in the ordinance that does not lock you into future appropriations, because you may not have the money in the future. Thank you. CHAIRMAN COYLE: I think that is part of our ordinance. But nevertheless, I'll let the County Attorney talk to you about that. Page 75 May 24, 2011 County Attorney? MR. KLATZKOW: Yeah, current programs typically are subject to appropriation. CHAIRMAN COYLE: And they don't lock in any future board for -- MR. KLATZKOW: From that standpoint, no. CHAIRMAN COYLE: From that standpoint. Okay. There is currently a requirement that certain audits are required. They have to prove they've generated jobs they said they were going to approve at the appropriate level. That's not going to be changed, is 't? I . MR. KLA TZKOW: No, but these are good suggestions, sir. We do this two step process to get the public input. And I could ask some of these things to make sure that these get in the ordinance. CHAIRMAN COYLE: But the intent of the ordinance is to give us flexibility during dramatically changing economic circumstances. MR. KLATZKOW: Yes. CHAIRMAN COYLE: The criteria that were established were established a long time ago under different economic circumstances. Now there might be reasons why we would want to encourage certain businesses to locate here, even though they might not meet all of the criteria, because we want to rejuvenate our economy here. The intent is not to provide incentives to anyone unless they achieve the goals for which the incentives are offered; is that not true? MR. KLA TZKOW: That is absolutely correct, sir. CHAIRMAN COYLE: Okay. Could we make sure that it's written that way? MR. KLATZKOW: Yes, sir. CHAIRMAN COYLE: Okay, thank you. Commissioner Henning? COMMISSIONER HENNING: Did I miss something? You had direction from three commissioners to provide some flexibility within Page 76 May 24,2011 the ordinance? MR. KLATZKOW: You had asked to come back to give you the ability to waive or lessen requirements in your current programs. COMMISSIONER HENNING: I didn't ask you to do that. MR. KLATZKOW: The Board did, sir. COMMISSIONER HENNING: The Board did. You hadn't -- so the answer is correct, you had the majority on the Board wanting you to have some more flexibility on that? MR. KLATZKOW: Yes, sir. COMMISSIONER HENNING: Should it be based upon median income? Because that fluctuates all the time, correct? MR. KLATZKOW: That would be one of the factors to look at, yes. COMMISSIONER HENNING: Yeah. I think the metal scrap business was a very poor example of giving public monies to a company that was going to be here anyways. I don't know if we really need to change anything, because that's the only example that we have. Any others haven't either come forward or should have, or what? I mean, I didn't at the public hearing didn't hear any others wanted public funds to come to Collier County. There is an auditing that takes place now, I think, Jim -- or Leo, the -- doesn't Amy track all these, Amy Patterson? MR.OCHS: Yes, Commissioner, every year. COMMISSIONER HENNING: Every year she makes sure that the jobs are still there. MR.OCHS: That's correct. It's a requirement of your existing job creation and retention, economic consideration. COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: And that shouldn't go anywhere, right? COMMISSIONER HENNING: No, no, absolutely not. And I have confidence Amy is following up on those. I just don't understand why we want to -- why we want to do this Page 77 May 24, 2011 unless we have a burning desire for businesses to come to Collier County. I think we ought to work on regulations to bring businesses to the community. CHAIRMAN COYLE: I really think that is the intent. The wording might need to be adjusted. But we have deviated from guidelines in the past. MR.OCHS: Yes, sir. CHAIRMAN COYLE: Many times. And what we're merely doing is trying to make it clear that we have authority to do that. And in many cases the results have been very good. We've attracted companies here that are doing quite well as a result. Commissioner Hiller? COMMISSIONER HILLER: Yeah, Mr. Gaddy, where are you? Can I ask you a question? MR. GADDY: Sure. COMMISSIONER HILLER: Commissioner Coyle just indicated that we basically granted waivers, or I should say this Board granted waivers in the past and that we've done really well. What's the total amount that we've given out in economic incentives? Do you have any idea? MR. GADDY: I think it's around somewhere between -- well, there's a question -- I think that about $3 million worth of contracts have been signed. COMMISSIONER HILLER: Over what period? MR. GADDY: But I think that only about a million to a million and a half dollars of that has been spent or disbursed. COMMISSIONER HILLER: Over what period? MR. GADDY: Over the life of the ordinance, since 2003. So there's really been little economic development that really has been fostered by this Board. COMMISSIONER HILLER: Thank you. MR. GADDY: So money has been spent. Page 78 May 24,2011 COMMISSIONER HILLER: What's interesting to me -- if you could stay there, because I may have another question I may want to ask of you. What's of concern to me and of interest to me is the source of public funding, you know, to benefit these private businesses. Right now we have an unfunded economic incentive program. And I have said before and I'll say it again, you know, anything we have in place by way of an ordinance to incentivize needs to be funded, and there really should be a referendum when public funds are being used to benefit private businesses. And I think we need to first establish how much the funding should be and then I think that funding should be put forth in a referendum question on the 2012 ballot. Your characterization of this waiver -- and by the way I do remember the discussion Mr. Klatzkow, when we had that scrap metal gentleman come and speak before us. What actually happened was I had said there was nothing in our existing ordinance that allowed for a waiver and you disagreed with me. And you presented two alternatives. One being a State Statute and one being an ordinance that had to do with tolling of, I think it was PUD applications as the basis for allowing a waiver in that particular instance. I don't believe there is any law that allowed waivers in that particular instance or in the past, so I question the validity of those historical contracts. You're absolutely right; this ordinance basically serves to allow this Board to give anything to anyone at any time for whatever reason they like. I mean, it's basically, you know, carte blanche. It's whatever, you know, this Board wants to do. And there's a real problem with that, particularly since we do have limited funds. You know, are we going to exhaust the limited funds we have all on one company to the exclusion of others? Are we not going to have caps on how much any single company is going to get? Page 79 May 24,2011 For example right now I am actually working with five companies, all of which are contributing in a very significant way to our local economic development. You know, we've got Arthrex that has come forward and they met with me last week with three of their executives and some of our staff asking for millions of dollars. Are we going to allocate funding to them alone? And then what do I do about the other five companies that I'm working with that -- and you know, and one guy is bringing in 100 new employees next year, I mean, right away. You know, another one is doing, you know, multi, multi-million dollar expansions that will in turn bring in new employees as well. I mean, I can go on and on, so I have a very -- MR. GADDY: Can I just answer your question, you know, the first question you asked me? I don't know why Collier County has never funded its economic development program. That creates -- sort of creates a disincentive. Because anyone that goes through the process knows they're going to have to go before the Board and the Board's going to have to appropriate money. One of the reasons Lee County's program has been successful, and some of the most successful programs in the state have occurred where there's actually money put aside and appropriated, so the people know that those funds are available. I mean, we ran across that with Jackson Labs. The money was there but only part of it. You know, there was only a one year appropriation by the legislature for what was it, 50 million, something like that. If you have the money there, ifthere was a referendum, if the people really wanted to fund economic development in this county, you could have a viable program. But what you have now is you have __ you're just spending a lot of money to keep an EDC alive that doesn't have any money. COMMISSIONER HILLER: That would be true if we've Page 80 May 24, 2011 basically given out a million-and-a- half in incentives and we're spending $400,000 a year to over -- since what did you say, 2002, to keep the EDC alive? I certainly see a problem with that. To your next point, you said the audit provision. That's actually an issue which I don't think is satisfied by staff reviewing employee records. I don't think -- and help me out Jeff, doesn't the Clerk have to independently audit before he makes an expenditure? So, I mean -- I need some better understanding of you know, the financial disclosure that has to be made in order for a private company to get public funds. Because I think that, as you pointed out, does have to be an element of this. And I'm not sure that alone would satisfy it. I'm looking at 288.106 which is the parallel state statute, and they very clearly have a financial disclosure requirement, not only for generating new employees by way of their records, but also show their financials with - evidencing economic impact benefiting a community. So can you help me with that? How is the Clerk going to satisfy himself, that the expenditure is justified in serving the public purpose intended to be served by what we're proposing here? MR. KLATZKOW: We've had these programs in place for a number of years. We've had a number of companies take advantage of them. I know Ms. Patterson audits these companies on an annual basis. Funding's tied to these audits. Money's been appropriated if they meet those things. And to my knowledge, and Amy you can correct me if I'm wrong, the Clerk's never had an issue with the process. At least the current process nobody's objected to. COMMISSIONER HILLER: That would be an interesting question that I'd like to have the Clerk answer in terms of, you know, what type of evidence he will need to satisfy himself to be able to make the expenditure. And as I said, referring to 288.106, you know, there's very clearly a financial disclosure component. And I think it's a minimum legal requirement. Page 81 May 24,2011 Your next point, you said binding future boards. Jeff, can you help me out on that? I mean, I think that based on what we discussed when we had that discussion over the A TV settlement agreement, I don't think we can -- or let me ask you the question: Explain to me how we can enter into a contract to provide economic incentives that involve disbursements binding future boards? MR. KLA TZKOW: Generally speaking we identify a funding source. If it was to be Jackson Labs, the funding source contemplated among other funding sources would have been the bonding of a franchise tax that would have been the funding source. If the funding source is going to be continuing ad valorem payments, at that point in time in would be subject to appropriation. COMMISSIONER HILLER: So we wouldn't have actually a contract, but instead we would do what the state does where they say we're not obligating future boards, if you will. I mean, using the board to compare us to -- or compared to the local board. But rather that you know, when you come forth in future years you know, if the funding is in place and if you qualify, then we will pay you? Because that is how their contract is written, and they make absolutely clear, in fact they emphasize in the statute that disclaimer has to be written into these contracts in 1 O-point print so that there is no misunderstanding. Wouldn't we be subject to the same thing? MR. KLATZKOW: Our current programs are subject to appropriation each and every year. COMMISSIONER HILLER: So we're not entering into a long-term contract. MR. KLATZKOW: That does not mean you cannot enter into a long-term contract. It depends upon the funding source. You can identify a funding source now, all right. It would not be future ad valorem payments but you can identify a funding source now, bonded, for example, and you're done. That was what the Board could have done on the Jackson. Page 82 May 24, 2011 COMMISSIONER HILLER: So we're not binding future boards in that respect? MR. KLATZKOW: No. COMMISSIONER HILLER: We're taking current monies. So what we're saying is we're appropriating the money today and setting it aside in an escrow account? MR. KLA TZKOW: No ma'am, it's no different than if this board went to the public on referendum and asked the public you know, do you want to float a bond that's going to be paid by ad valorem taxes over the next 30 years, like we did with Conservation Collier. At that point in time you're not binding future boards, it's just you're taking part of the millage rate and you're putting it into a box. COMMISSIONER HILLER: I must be -- I don't really understand, because we're talking about a contract with a company where we would be committing to pay them at a future time on future performance. I mean, that to me sounds like, you know, binding a future board. MR. KLA TZKOW: But it's subject to appropriation if it's ad valorem. That's the way we've structured it. You have the flexibility with your home rule powers to do other different mechanisms. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. Economic incentives are something that we've always been striving to get to. Last year what did we spend on economic incentives? MR. OCHS: Commissioner, I would ask Amy. I think we spent about 130,000. About $130,000, sir. COMMISSIONER COLETTA: Yeah, and Lee County identified $25 million within their reserves that they committed to it. I'll tell you, if you did that in Collier County, they'd probably have a lynch mob here tomorrow and be stringing you up. This is not a friendly county for business, let's be honest about it. Page 83 May 24,2011 My district and your district to some degree, and Commissioner Henning's even more so, has been greatly impacted by the recession and the economy that we have that's so cyclical. Agriculture, it goes with the seasons; you can't depend upon it year around. God forbid anybody ever goes into the construction business again too soon unless they've got a bankroll or their wife's got a real nice job, or the other way around. You know, and the tourist industry. How many people that we really know that are employed year around on the tourist industry. Most people are laid off. What have we got for our residents that live in our districts that are the breadwinners of the family that aren't here, retired on a Social Security plus pension and all sorts of supplements to their income to be able to make it work? We don't have anything. Now, we keep talking about economic development, we talk about economic incentives, we've been doing it continuously for just about forever, but we don't do anything about it. We just, 1,000 some dollars -- $100,000 last year. You know, that's next to a joke. How are you going to get somebody that's really interested to be able to come forward? So we try working around the edges to bring in small companies to incentivize others with nickels and dimes along the way, we put in some infrastructure for them that doesn't cost much, we make them prove that they're doing it before they get paid over a number of years. There's an accountability that's second to none. I don't think I missed anything on that, is that correct, Leo? MR. OCHS: Yes, sir. COMMISSIONER COLETTA: You don't get paid until you prove you produced these jobs, and you get paid over a period of time. MR. OCHS: That's correct. COMMISSIONER COLETTA: We have opportunities out there that are going to present themselves. And one of them is Arthrex. Page 84 May 24, 2011 And I think it's absolutely wonderful that they're thinking that they're ready to make the move to Eastern Collier County with some new operations, and I want to tell you, I'm supporting them. Anything that we can do within the limits of what we're able to do, I'm prepared to do it. You know some things only happen when you make a commitment to make it happen. Everybody says, and I'm hearing this over and over again, first I hear, you know, you're not getting anything done because you don't have any money. Next I'm hearing you shouldn't be paying any money for these industries that come here. We're talking out of both sides of our mouths. There is no sincerity within this room -- very little sincerity within this room. Everybody is trying to make a point using both ends of the equation. So are we going to do it or aren't we? Jeff, please explain to me exactly what this ordinance change would be and would it come back to us again in some final form? MR. KLATZKOW: I'm just asking for permission to advertise. It will come back to you with some minor changes, as discussed here today. The point of the ordinance is to give you as much flexibility as you can to do whatever this Board feels it needs to do for economic development. COMMISSIONER COLETTA: I make a motion for that to happen. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, motion by Commissioner Coletta to approve the recommendation, seconded by Commissioner Fiala. Let me -- Commissioner Fiala is going to be next, but Commissioner Coletta touched upon a really important point. I have never heard such a bizarre debate from people who just weeks or months or maybe 15 minutes ago were saying you shouldn't give anybody any money to come here, who are now saying you Page 85 May 24, 2011 should have funded this program long ago and that there hasn't been any economic growth or any companies attracted to Collier County. How many of you were here when Florida Specialities received the business of the month award earlier today? Were you here, Mr. Gaddy? MR. GADDY: No, sir, I'm not. But I was familiar with them. CHAIRMAN COYLE: Okay, that's a success story, wouldn't you say? MR. GADDY: It's a success story. But here's the point. You spent $400,000 last year to distribute $130,000. CHAIRMAN COYLE: Okay, you want us to increase your taxes, is that what you're saying? MR. GADDY: You should either have an economic development program or not have one. CHAIRMAN COYLE: Okay, what's the economic development program for the coalition of -- open economic development in Collier County? How many companies have you brought here, Mr. Gaddy? MR. GADDY: We'd like to see the county do the right thing. CHAIRMAN COYLE: What's the right thing? MR. GADDY: Well, get an economic -- an EDC that works, to begin with. CHAIRMAN COYLE: Okay. And are you going to give them some money? MR. GADDY: You have to give them some money. CHAIRMAN COYLE: Where are you going to get the money? MR. GADDY: You're going to have to go to the taxpayers with a referendum. CHAIRMAN COYLE: And that's pretty much what the Board of County Commissioners and the EDC concluded at their last workshop. So they're moving at that direction. But the point right now is that merely by making changes in our zoning laws, specifically -- well, impact fees, we have attracted 40 Page 86 May 24,2011 new businesses and 40 additional offices of existing businesses in Collier County in the last 24 months or so, is that correct? There are other organizations that have taken advantage of job credits in the Fast Track program that are creating jobs in Collier County. And yeah, we could do a lot better job if we had millions of dollars. But current economic circumstances make it difficult to do that. So I just find it very bizarre that people who have been arguing nobody should get paid to come here, are now saying we need to tax people more so we can pay more for people to come here. Very strange debate. But nevertheless, Commissioner Fiala, you're next. COMMISSIONER FIALA: Yes, thank you. I thought I heard Commissioner Henning say when he spoke that we don't have a burning desire to attract new businesses here, but I really believe that we do. We do realize that our future depends on bringing good, wholesome, thriving businesses here. And I think we all agree upon that. Or sustain the businesses. Like for instance Arthrex. We want to make sure that they stay here and hire more people. And I'm going to the point that I had made at our last meeting and that was that I felt that part of this economic development incentive should be that we state that employees that are hired -- I wanted to know the bottom end of their pay scale as well as the top end rather than a median, and I think I mentioned that before, or an average. And the second thing I stated was I felt that all employees that receive -- or all companies that receive any dollars from our -- from the county, from our taxpayers should be providing health care to their employees. I feel that that's essential. And those were the two reasons that I pushed forward to see a change in this. And I'm hoping that they are included. Page 87 May 24,2011 CHAIRMAN COYLE: And you said we could do this in 15 minutes. So much for your estimates. We're going to take one more comment then we're going to vote. Commissioner Hiller? COMMISSIONER HILLER: Thank you. You know, it's interesting, my son had an opportunity to write a paper over the past few weeks and he chose to -- it was for his English Class, an AP Class. And he chose to write a paper on propaganda. And I read it. And oh, boy, it was absolutely fantastic. It was an education to what goes on right here at the Board level. And it opened my eyes. Because quite frankly Commissioner Coyle, the explanation that you just gave of this allegedly bizarre debate is nothing more than propaganda and couldn't be further from the truth. The members of COED and this community do not object to putting up money for economic incentive programs. What has to be done and what the community has said over and over again is that the amount that should be funded and the programs to be funded should be decided by referendum. So it's unfortunate that you twisted that argument into a statement that people don't want to fund economic development. They do. They want to do it the right way and the fair way and the public way. With that said, this waiver provision definitely promotes crony capitalism. This board, by a 3-2 vote, can steer money in fact, all the money that's set aside towards one company, to the exclusion of other companies that truly could benefit this community as well. And that's a problem. The proposed wording doesn't allow for fair distribution of economic incentives so as to promote the greatest return, greatest economic return back to Collier County. And as such, I find it difficult to support. There are no caps in place. You know, I do have a question on the audit provision. I still think we need an answer from the Clerk. I do believe that as it's Page 88 May 24, 2011 being proposed it does have the effect of binding future boards which, you know, we can't do. And it still leaves very much open in my mind; what's going to happen when I bring five companies forward for money, and where their name is not Arthrex. Let's just take Arthrex as an example. And I spoke to the County Manager about this. I have some questions. If Arthrex hires employees from Hendry County and Lee County who own homes in Lee and Hendry County, are we proposing that we're going to give them you know, job credits for employees that are not Collier employees? Are we going to be using you know, our public's tax dollars to incentivize a different county? If Arthrex wants a property tax abatement but they don't own the land, and the company that does own the land, which is Barron Collier, is actually not the company that's generating the economic incentive, you know, are we basically just creating this waiver provision in order to get around what we couldn't do otherwise with established guidelines which are objective in our current economic incentive ordinances? These are questions I have. And I'm very concerned that by allowing for this blanket-waiver, we're promoting unfairness. CHAIRMAN COYLE: She learned a lot from her propaganda project from her son, didn't she? Okay -- COMMISSIONER HENNING: Are we voting now? CHAIRMAN COYLE: -- all in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, it passes 3-2 with Commissioners Page 89 May 24,2011 Hiller and Henning dissenting. And we're going to break for lunch. We'll be back here at 1: 17. (Luncheon recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Okay, ladies and gentlemen, Board of County Commission meeting is back in session. Where do we go from here, County Manager? Item #8B ORDINANCE 2011-19: RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING CHAPTER 74 OF COLLIER COUNTY CODE OF LAWS AND ORDINANCES (COLLIER COUNTY CONSOLIDATED IMP ACT FEE ORDINANCE) BY PROVIDING INCORPORATION BY REFERENCE, OF THE TRIP GENERATION RATE ANALYSIS ENTITLED "TRANSPORTATION IMPACT FEE CALCULATIONS FOR SELECT LAND USES", CONDUCTED RELATED TO CHURCH, CONVENIENCE STORE W/GAS PUMPS, MANUFACTURING, SMALL MEDICAL OFFICE AND WAREHOUSE LAND USES; AMENDING SCHEDULE ONE OF APPENDIX A TO PROVIDE FOR NEW AND AMENDED LAND USE CATEGORIES AND IMP ACT FEE RATES; PROVIDING FOR DEFINITIONS FOR NEW LAND USE CATEGORIES; UPDATING PROVISIONS RELATED TO THE USE OF IMP ACT FEE CREDITS AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF SEPTEMBER 1, 2011, IN ACCORDANCE WITH THE NOTICE PERIOD REQUIREMENTS OF SECTION 163.31801, FLORIDA STATUTES - ADOPTED W/CLERICAL CORRECTIONS MR. OCHS: Commissioners, we go to advertised public hearings, Item 8(B). That's a recommendation to adopt an ordinance Page 90 May 24, 2011 amending Chapter 74 of the Collier County Code of Laws and Ordinances -- that is the Collier County Consolidated Impact Fee Ordinance -- by providing for the incorporation by reference of the trip generation rate analysis entitled Transportation Impact Fee calculations for selected land uses, conducted related to church, convenient store with gas pumps, manufacturing, small medical office and warehouse land uses. Amending Schedule One of Appendix A to provide for the new and amended land use categories and impact fee rates, providing for definitions of the new land use categories, updating the provisions related to the use of impact fee credits, and providing for a delayed effective date of September 1, 2011, in accordance with the notice period requirements of Section 163.31801, Florida Statutes. Ms. Patterson is here to present-- COMMISSIONER HENNING: Move to approve. MR. OCHS: -- or answer questions. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Fiala. Commissioner Hiller? COMMISSIONER HILLER: Yeah, is Amy going to do a presentation, or are we just going to have discussion on this? MS. PATTERSON: At your pleasure. CHAIRMAN COYLE: Only if the Board asks her to have a discussion. What is the pleasure of the board? Do you want a complete presentation or -- COMMISSIONER COLETTA: No. CHAIRMAN COYLE: No from Commissioner Coletta. No from Commissioner Henning. COMMISSIONER HENNING: If any of the other members want a presentation, I'd go along with that. CHAIRMAN COYLE: All right. Commissioner Fiala, you want Page 91 May 24, 2011 a presentation? COMMISSIONER FIALA: Doesn't make any difference. Whatever you want. I read everything, so I got all the questions answered. CHAIRMAN COYLE: Let's have a presentation. But, you know, we read it. MS. PATTERSON: Right. Okay, sure. MR.OCHS: Hit the highlights. MS. PATTERSON: That's fine. I actually have one thing to put on record. There was a number transposed, or my error, a three and a five mixed up on the fee schedule included as your back-up. I have it corrected for the ordinance. Just wanted to put that on the record. CHAIRMAN COYLE: Yes. MS. PATTERSON: Okay I'm ready, if you cut the visualizer. CHAIRMAN COYLE: Okay, you've got three minutes. MS. PATTERSON: We're here at Board direction with these land uses. This has been a long process, working on what are the appropriate impact fee rate categories, particularly transportation impact fees. In February 2008, the Board directed staff, with the assistance of our impact fee consultants, to develop additional rate categories when appropriate, to address land uses not contemplated on the current rate schedule. This is based in part on input from both Development Services Advisory Committee and the Productivity Committee, as well as other interested members of the industry. Since that guidance was provided, additional rate categories have been developed or modified and approved by the Board to address the impacts of specified developments. You remember the dance studio/gymnastics issue, a modification to per seat charges for restaurants and we had changed the distribution for colleges and universities. Page 92 May 24,2011 In May 2010 direction was provided to conduct a study for small medical offices which is -- the medical office rate has been an ongoing issue out there with the industry. I'm just going to go through a brief summary of what these are and why we're doing them. The church rate changed from a per square foot assessment to per seat assessment. Why? This provides for a clear and understandable method for assessing the fees. Expansions to churches that do not contemplate additional seating, for example, a Sunday school building or administrative office, would not be assessed additional road impact fees. The reason for this is that's already considered as something typically associated with a church and is captured in the per seat calculation. Churches that have other functions that operate separately from the church, for example, a day care, schools, things like that, will continue to be assessed at the appropriate land use category for those uses. Convenient store with gas pumps. This arose actually out of an inquiry from a transportation engineer related to the flat rate per pump assessment. And this is a move from that flat rate to a tiered assessment. Why? Because approved data collected provides that actual demand changes as the number of pumps increase. So this is to be able to fairly assess the fee. Manufacturing is a new rate on the fee schedule. Why? This land use is not currently included as part of the 60 plus land uses on the road impact fee schedule. But we've had ongoing customer inquiries for development that would be properly classified as manufacturing. This is a fairly new development. We've had you know, over the years, lots of shopping centers, offices, lots of traditional uses, but now we're getting repeated inquiries for things that would be classified as manufacturing. It seems appropriate now. This is a land use in the Institute of Transportation Engineer's Trip Generation Manual. The Page 93 May 24,2011 data was available so we went ahead and prepared the rate. Small medical offices, I covered, is a change for the new rate on the schedule. And this was based on Board direction, based on many requests by the development industry and the medical community to come up with a rate that appropriately addresses the impacts of small offices versus the standard large medical office. This is a middle size rate for the small offices. And warehouse. This is another new impact fee schedule for the same reason as manufacturing. We see inquiries increasing for this type of land use and so we felt that it would be appropriate for this to be included as one of our standard land uses. And I provided a comparison of the rates for the three brand new categories. For small medical office you can see right now currently we only have medical office at 23,776 per 1,000 square feet. The small medical office brings it in at 15,757 per 1,000 square feet. Some of the urgency has died down a little bit on small medical offices due to the change of use program where we're finding that people are finding space in existing buildings. However, this still would be a useful tool for those that decided to build their own office or were going into newer space. It's about an $8,000 reduction per 1,000 square feet. Manufacturing is a proposed rate of2,533 per 1,000 square feet. Right now they would be lumped in the general light industrial category at 4,619 per 1,000 square feet, which is a different of just a little more than $2,000 per 1,000 square feet, but again accurately assesses for the proposed demand created by that type of facility. And last, same thing with warehouse, the proposed rate of2,352 per 1,000 versus the 4,619 per 1,000 of general light industrial is a $2,267 difference per 1,000 square feet. Again, attributable to demand related to this specific type of land use. And that's what I have. If you have any questions. CHAIRMAN COYLE: Any questions? Page 94 May 24, 2011 COMMISSIONER HILLER: Yes. CHAIRMAN COYLE: Commissioner Hiller, go ahead. COMMISSIONER HILLER: Thank you. Thank you for your presentation, Amy. I'm very concern where we're selectively -- and this presentation; I see the two businesses being most benefited are manufacturing and warehouse -- that this doesn't contemplate reductions that could be given to, for example, retail that are also making a significant contribution now. I mean, I know several significant retail operations where millions and millions of dollars are being invested. You're giving manufacturing and warehousing a 50 percent haircut on transportation impact fees. We just reduced impact fees significantly. I think we reduced transportation impact fees by what, 40 percent? PATTERSON: Forty-two percent. COMMISSIONER HILLER: Yeah, 42 percent. And now we're giving manufacturing and warehousing 50 percent off of the remaining balance of what's owed. I really have a problem with that. And it goes to the issue of fairness. And you know, if we have the ability to be reducing these impact fees like this, you know, why aren't we doing a greater reduction across the board to incentivize all the other businesses? It just seems to me that suddenly to pick out manufacturing and warehousing and reduce that by an additional 50 percent again may just be for the benefit of Arthrex. I mean, we know Arthrex is going to have a major manufacturing and warehouse expansion, and we know that Arthrex wanted their impact fees waived, which can't be legally done. And I just think there's just something unfair about targeting these two businesses or these two types of businesses when all the others still have to pay 100 percent of that reduced amount. I mean, I would like to see what I said earlier, why don't we just eliminate impact fees altogether? Why are we cherry-picking and Page 95 May 24, 2011 benefiting certain groups over others? There's some fundamental unfairness -- CHAIRMAN COYLE: Is that a motion, Commissioner Hiller? COMMISSIONER HILLER: No, I'm asking a question first. CHAIRMAN COYLE: Oh, okay. MS. PATTERSON: First I need to clarify. This isn't a reduction to the general industrial rate. These are additions of new categories onto the fee schedule, which is something that has been done fairly regularly, as the need arises. And therefore the impact of these particular land uses is calculated specifically for the land uses. We haven't gone in and tried to cut the fee in half. Now, whether that's the result from what they would otherwise be classified as but for these being on the fee schedule, that is right. That's the difference. COMMISSIONER HILLER: That is exactly what's happening. MS. PATTERSON: However, we are -- this is attributable to the demand created by this type of land use. And the reason for this is the number of inquiries we've had for land uses of this type or development of this type. This was underway well before Arthrex came into the equation. And on the second point of that is we've made no assessment as to how the impact fees will be classified or assessed for Arthrex, because it's highly dependent on the type of building and the type of use that will go on there. So this is not something that's being done under an assumption that Arthrex will automatically get these. COMMISSIONER HILLER: It will have the effect of reducing the impact fees in half where construction was formerly, for example, either general light industrial and is now manufacturing or warehouse. It will have the effect of reducing it in half. But let's go back to what you said where demand for manufacturing and warehouse is what's stimulating this. Tell me about all the demand your -- you know, where is it coming from Page 96 May 24,2011 outside of Arthrex with respect to manufacturing and warehouse? MS. PATTERSON: Absolutely. Well, initially we had, obviously the inquiry about the brewery, which has gone away now. That kind of started the thought process. If you had a major manufacturing facility come in what do you do to deal with their impact fees, and we don't have a rate on schedule to contemplate it. Second we have inquiries, a couple of them actually out of Immokalee, for some different types of distribution facilities where they're packaging and doing some different things out there. I had an inquiry from the CRA pretty recently about that. And then also we have a materials -- going to the warehouse side, a materials company that's wanting to do significant expansion, where they're going to do -- the vast majority of their business is a warehouse where they store their materials in a very small office space. Those things are -- they fit to the letter of the definition of these land uses and therefore seemed appropriate at this time. If we had needed them sooner, we would have asked. That's -- we've been working under the direction of the Board to bring forward land uses as they're needed. Hence the reason furniture store was adopted, luxury auto sales, those have been things that have been done in the past. Now it appears that there's a need for these types of land uses where there hasn't been in the past. COMMISSIONER HILLER: Is that all you have by way of examples to necessitate this change? MS. PATTERSON: Those are the two I have offhand. But like I said, we've been collecting information from people. I can't sit here and give you a list of them. But we see -- deal with people from the site plan process -- prior to site plan process because of their requirement transportation impact fees to be paid up front. So when we're talking to people this is something -- this is a recurring idea that they have a warehouse type facility, a manufacturing type facility. COMMISSIONER HILLER: Well, I'd like to really see your list Page 97 May 24, 2011 of, you know, proposed manufacturing and warehouse or where you've received inquiries. Because that tells me you know, that there is some economic development going on in that area. And I want to make sure that those businesses are properly incentivized. So I'd like to see all your back-up for, you know, the volume of demand for manufacturing and warehouse. MS. PATTERSON: Okay. COMMISSIONER HILLER: If you could produce that for me, I would appreciate it. MS. PATTERSON: Sure. It's going to take some time, because understand too my staff deals with people that are not even in the site plan process yet. So these are customer inquiries that they'll note, you know, what they've talked about. COMMISSIONER HILLER: But you've been accumulating that. You said that that was the basis -- MS. PATTERSON: Right. COMMISSIONER HILLER: -- for doing this. So you have to have the data, I'm sure -- MS. PATTERSON: We'll go back and get-- COMMISSIONER HILLER: -- to justify. MS. PATTERSON: -- that for you. COMMISSIONER HILLER: I'd like it, please. MS. PATTERSON: Absolutely. CHAIRMAN COYLE: We have a motion on the table by Commissioner Henning. I believe it was seconded by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Page 98 May 24,2011 CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) COMMISSIONER HILLER: I oppose it. And-- CHAIRMAN COYLE: Okay, it passes 4-1 with Commissioner Hiller dissenting. COMMISSIONER HILLER: I oppose it because I think the impact fees need to be reduced across the board even further than they have. And I think if we're serious about economic development and if construction is what we want to spur on, then I think we need to have an impact fee moratorium. COMMISSIONER FIALA: Well let me comment on that please. An impact fee moratorium would be fine and dandy if we didn't need any infrastructure to go along with what we're trying to incentivize to come into our county. But the only way companies can move in and new developments can occur is if we have infrastructure to support them. And we do not want to pass that cost on to our taxpayers, and that's the reason for the impact fees in the first place. Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I've got to get my two cents in. We're one of the lowest impact fees in the state. And the reason being is, is that we went with that model a long time ago, growth pays for growth. We can always modify it, like we're doing today, and try to make it more user friendly. Truth of the matter is, we do have to pay for infrastructure at some point in time. Ifwe're not going to do it with impact fees, we're going to have to do it with general revenue. CHAIRMAN COYLE: Commissioner Hiller one more time. COMMISSIONER HILLER: Yeah, we have plenty of infrastructure. In fact, we have more than adequate infrastructure Page 99 May 24,2011 from what I understand, relative to demand we're facing. If you look at counties across Florida, county after county are competing using impact fee moratoriums. So, we might as well go all the way. I asked for a financial analysis to explain what the impact of reducing these impact fees by an additional 50 percent would be, and I was told that that could not be produced, which I was very surprised about. My understanding is that we forecast all our impact fees out. I don't know why those could not be adjusted. COMMISSIONER FIALA: I just put mine on. COMMISSIONER COLETTA: Oh, no, I'm next. COMMISSIONER HILLER: But the point being that the -- a moratorium certainly would not hurt us. CHAIRMAN COYLE: Wait a minute, let's not go beyond this yet. Nick, tell us the truth, okay? COMMISSIONER COLETTA: Norm wants to tell you. CHAIRMAN COYLE: Well, either one of you or both of you. MR. FEDER: For the record, Norman Feder, Administrator, Growth Management Division. I came here in 2000. At that time there was a declared emergency for transportation that took seven years. We disproved the theory that if you don't build it they won't come. We didn't build anything and everyone came. And it wasn't just in transportation. The impact fees you're discussing that were reduced 42 percent was because the actual impact and cost to address those impacts were reduced and we pulled out the utility portion that's in utility projects. So I think the essence of what needs to be understood is we need to have our impact fees truly reflect the actual impact and the cost to address those impacts. The minute we don't do that, it becomes an imbalance. That imbalance either becomes a backlog, as we've already done one time or it has to be paid for by other funding sources. So it's not that it was reduced 42 percent arbitrarily, it was use reduced Page 100 May 24, 2011 and we're going to continue to try keep it reflective of the actual cost to address the impacts. Adding categories is another reflection of that. We're trying to make sure that as much as we can, we truly get at the actual impact of that development, not charge any more, but also not charging any less than those impacts that occur. And I -- CHAIRMAN COYLE: Now, Nick, you were going to address the issue about the fact that Ms. Hiller did not get the information that she requested? MR. CASALANGUIDA: I -- for the record, Nick Casalanguida, Deputy Administrator for Growth Management. You adopt a five year CIE every year, which is a forecast. What I'll tell you is in 2004 we were wrong, what we said in 2009 and 2007 were wrong. For what we said in 2012, I'm sure we're going to be wrong what we say in 2016. It's like a hurricane cone in five day projections. The farther you are out the more variable you have. So when asked about a five year projection, we provide one every year that the Board adopts as part of the CIE. And what I said at the last meeting when we were discussing the reduction of impact fees is I'd be making very -- they're guesses. It's all based on economy. If the economy rebounds strongly, we collect more impact fees. If it does not, then our projection might be conservative or liberal. As far as revenues we talked about and what Amy pointed out in terms of collection, you're not going to get that much of a change next year, because these rate categories were figured into the amount of previous year collection. So that adjustment is made almost automatically. But anything for me to project out past the first year or the third year or the fifth year, I know I'm going to be -- I'm off. But I provide one every year as part of the ClE. Page 101 May 24,2011 CHAIRMAN COYLE: So one could look at the CIE and they'd have an answer to that question; is that correct? MR. CASALANGUIDA: Absolutely, sir. CHAIRMAN COYLE: Okay, thank you very much. Now, let me make one other thing clear. You don't adjust impact fees on a whim. You don't just say let's cut them 50 percent, let's declare a moratorium. That's why we have people whose full-time job is to calculate impact fees in accordance with the law. There are legal procedures that govern how impact fees have to be calculated. That's why we do them with as much precision as we possibly can. That's why we try to identify the various categories of use as precisely as possible. And when we find that those categories are inappropriately being applied to certain kinds of businesses, we try to refine those categories so that they are applied properly. Number three, there is a lead time of between three and five years from the time impact fees are collected until the time that the infrastructure project can be completed. You put a moratorium on impact fees, you cut them another 50 percent and you cut off flow of funds, and the funds will not be available when the economy recovers. We've always got to stay three to five years ahead in terms of infrastructure, the beginning of infrastructure improvements. So we are doing it the proper way, the way that is required by law, rather than based on political expediency. So Commissioner Fiala, you are next. COMMISSIONER FIALA: Was Commissioner Coletta first or-- COMMISSIONER COLETTA: I think I was. CHAIRMAN COYLE: All right, Commissioner Coletta. COMMISSIONER COLETTA: I think my light-- CHAIRMAN COYLE: I turned it off again. Will you go away now? COMMISSIONER COLETTA: No sir, I'm not going to go away, I'm going to be here for a long time to come. Page 102 May 24,2011 I've got a question of staff. At what point in time can one commissioner direct an exorbitant amount of your time for a study that they see is very important to themselves without the other commissioners buying in? Is it one hour, 4 hours, 40 hours, 80 hours? I'm a little bit concerned about, I asked for, I directed. It's not sometimes a simple request. Give us a little guidance on this. When something comes down that's heavy, shouldn't it come to this commission to be able to say yes, we want time from staff to be able to do this? MR.OCHS: Commissioner, there's no standard set that I'm aware of. We try to respond as best we can within our capabilities; every information request we get from the Board. You had this discussion on the dais a month ago and no consensus was reached. COMMISSIONER COLETTA: Well, I'll tell you what, ifI find out something exorbitant happening as far as materials being spent in this office or time from staff for something that has not been authorized that's exorbitant and might have benefits that are nebulous, to say the least, I'm going to make an issue of it. I think everyone in staff has to get to a point in time when they say, you know, that request is going to require too much of staff time, too much of materials, too much of labor for us to be able to proceed without a blessing and a direction from the Commission. I see real problems here. You know, we're wasting an awful lot of staff time and resources trying to satisfy a single person. I know many times I've had different visions and ideas and I always brought it to this commission before I proceeded. And I think we need to establish some ground rules for that now and in the future. That will be able to make sure that our resources are well spent. It's not one commissioner but it's at least three commissioners that's giving direction. Anybody agree or not? CHAIRMAN COYLE: Yeah, I agree. COMMISSIONER FIALA: And I'm on. Page 103 May 24, 2011 COMMISSIONER COLETTA: Then I suggest that we give the County Attorney direction on this, to bring something back to us so that we can have a clear defined parameter that us commissioners can work in before we have to come back to the commission as a whole to be able to seek permission to be able to proceed. CHAIRMAN COYLE: Are there three nods? COMMISSIONER FIALA: Sure. CHAIRMAN COYLE: Okay, you got three nods. COMMISSIONER FIALA: Am I next? CHAIRMAN COYLE: You're next. COMMISSIONER FIALA: Going back to what the issue was, the issue was about a moratorium on impact fees. I think if we think it through carefully and thoroughly, if we want no future growth and if we want no residential growth and no new businesses, then we need to have -- then we wouldn't need any infrastructure and so a moratorium would certainly be in line. But if we want to prepare for our future years, encourage some good growth, good businesses, good growth, good residential communities, we must have impact fees. Because if you remember, and this is a fact, this is not just stabbing at something. At one point in time, just three, four, five years ago we had the highest impact fees in the State of Florida. We also had the lowest taxes because of those high impact fees which drew people here, and we had the highest growth rate in State of Florida and second highest growth rate in the United States of America with those high impact fees. Don't forget that. So I think as long as we have staff that is thoughtfully addressing our impact fees and modifying them or sectioning them off with requests that we have so that they make good sense, good business sense, then we need to move forward. We can't give the impression that we want to discourage growth and that we want to discourage lower taxes. We can't give that impression at all. We want to let Page 104 May 24, 2011 people know they're welcome here and that we embrace good wholesome growth. Thank you. CHAIRMAN COYLE: Thank you. Commissioner Henning? COMMISSIONER HENNING: I'm glad we have a bunch of opinions up here. Because that's about all we have. And I have no comment. And I'm glad that Commissioner Hiller has an opinion. I may not agree with it, but I'm surely not going to get upset because somebody has an opinion. I do want to recognize that three of the Commissioners authorized the County Attorney to draft language that is unlawful. It has been brought up here before. I will not support it. And furthermore, I will challenge it. CHAIRMAN COYLE: Okay, good. It's good to have opinions. Commissioner Hiller, we're going to do this one more time and then I'm going to call for a vote. Go ahead. COMMISSIONER HILLER: Sure. Just in response to Commissioner Coletta and his perception of demands for unlimited information, here was my question what's the difference -- you know, what's the back-up? Here's the response. Couple of numbers, couple of paragraphs. I'm going to enter it into the record as an exhibit. And with respect to your remark, Commissioner Coletta, that this Board needs to limit the right of any Commissioner to get information from staff, Commissioner Henning is absolutely correct. Chapter 125 makes it clear that an individual commissioner can request whatever information they need from staff. And I will continue to ask for whatever information I need to make an informed decision. It's my right as a matter of law, and you won't stop me. CHAIRMAN COYLE: Okay, thank you very much. We have a motion to approve by Commissioner Henning -- MR. OCHS: You've already taken the vote. Page 105 May 24, 2011 CHAIRMAN COYLE: Oh, that's right, we've already voted. Why are we talking about it? Does anybody know? COMMISSIONER FIALA: Yes, because after the vote Commissioner Hiller said she wanted to clarify why she voted against it. It was a 4-1 vote and that's what started this. CHAIRMAN COYLE: And then we had another 30 minutes of discussion. Okay. COMMISSIONER HILLER: One other thing I'll add. A moratorium doesn't need a calculation. And staff today said that they made the decision based on demand for manufacturing space, not based on a recalculation of the actual cost of the impact of manufacturing and whatever else -- warehousing. CHAIRMAN COYLE: That is a complete mis-characterization of what they have said. But we'll save that for a different time because we will accomplish nothing with these kinds of accusations flying around. So where does that take us now? Item #10C RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE A BUDGET AMENDMENT FOR THE PURPOSE OF FUNDING NECESSARY PANTHER HABITAT UNITS (PHU'S) REQUIRED FOR THE OIL WELL ROAD PROJECT PER TERMS OF THE WETLAND MITIGATION AND PANTHER HABITAT UNIT AGREEMENT WITH BARRON COLLIER COMPANIES APPROVED BY THE BOARD ON FEBRUARY 24,2009 - APPROVED $1,863,000 TO FUND PHU'S MR. OCHS: Takes us to Item 10(C). It's a recommendation for the Board to authorize a budget amendment for the purpose of finding Page 106 May 24, 2011 the necessary -- excuse me, funding the necessary panther habitat units required for the Oil Well Road project for terms of the wetland mitigation and panther habitat unit agreement with Barron Collier Companies approved by the Board on February 24th, 2009. Mr. Jay Ahmad, Director of Transportation Engineering, will present. MR. AHMAD: Good afternoon, Mr. Chairman, Commissioners. Jay Ahmad, your Director of Transportation Engineering. I do have a presentation, if you wish. This item is a compliance item. The Board unanimously approved agreements in the past, in 2009 and 2005, and we're simply transferring funds from one account to another to pay the agreement, the contract that the Board signed. I'd be happy to present it. CHAIRMAN COYLE: Let's have the public speakers, please. MR. MITCHELL: The first speaker will be Duane Billington and he'll be followed by Tim Nance. MR. BILLINGTON: For the record, Duane Billington. Kind of interesting we're having public speakers before we're having a presentation in the case. Sometimes the people that want to speak publicly may benefit from hearing the presentation. But having said that-- COMMISSIONER HILLER: Before you start, can I -- can you hold his time for a moment? Commissioner Coyle, I would actually like to hear the presentation first, because I would like to hear the public's comments. I mean, they don't know what to anticipate that staff will say. And I don't want to bar them from having the ability to be responsive to Jay's presentation. CHAIRMAN COYLE: I don't want to either. I don't mind having the presentation. It's just that whatever is presented is in the executive summary. It's been advertised and people can read it. If they don't feel that they read it or understand it probably then we'll be Page 107 May 24,2011 happy to have a presentation to tell you. COMMISSIONER HILLER: And ifI may comment on that, you know, the public only has two working days to review this material. And for some people it's just one weekend because they work those other two days. So I think we have to give them the opportunity to hear the material from staff. CHAIRMAN COYLE: Okay, let's hear your material. MR. AHMAD: Absolutely, sir. This is as I stated a recommendation for a budget amendment for the Oil Well Road project to pay for panther habitat units on the project. I have a few slides. This slide is -- in April, 2005 the Board of County Commissioners in a unanimous vote, 5-0, approved developer contribution agreements with Ave Maria and Barron Collier. In that agreement the county is responsible for mitigation for both wetlands and the PHU's. Taking you down the project from 2005 through 2008 and through 2009, it's been in various design stages. The design was the responsibility of the developer. They hired their own designers and it went through the 30, 60, 90 public information meetings that we held for the project. But in 2009, as we anticipate the construction that is imminent, the plans were done, and now the permit was about to be issued, the Board approved the wetland mitigation and panther habitat agreement. Per that agreement, it stipulated exactly how much we needed for wetland mitigation and for panther habitat unit agreements. Essentially 30.86 wetland credits and 1,552.5 for PHU's. Part of the wetland credits carries some PHU's, about 276. So if you look at how many PHU's are required for the project, it is 276 plus 1,552, it's approximately 1,900. In that agreement as well, in 2009 cost per the agreement, the agreement stipulated the wetland credits will cost $48,000. The PHU Page 108 May 24, 2011 credits will cost $1,200. And on the right hand side, back then the open market where you could buy it from banks, the wetland cost per credit was $62,000 and PHU were $1,500. CHAIRMAN COYLE: Sixteen hundred. MR. AHMAD: That is an error. I apologize. CHAIRMAN COYLE: It's fifteen or 16? MR. AHMAD: It's $1,500. CHAIRMAN COYLE: Fifteen hundred, okay. MR. AHMAD: Correct. Now, per the agreement again, it stipulates when do we pay for the wetlands and when do we pay for the 100 percent for the PHU's. Now, taking that date of May of 2009, the permit was issued by South Florida Water Management District. A normal project; when the District approves the permit, we pay 50 percent of wetland credits and we pay 100 percent of the PHU's. And normally we would go out to a bank and obtain those at the prices I indicated earlier. But of course we had that agreement that gave us about 20 percent discount, so we essentially instead of paying 62,000, we were paying 48,000. And we paid the 50 percent at that 48,000 rate for the wetland. We did not pay the PHUs at that time. And the next slide is February, 2010. The Board approved of course, the contract with Mitchell and Stark to begin construction. That's the date we started construction. And the permitting agencies allowed us to start construction because they knew we had that parcel, part of the application for mitigation that Barron Collier -- remember, they were doing the design. They dedicated that parcel of U.S. 41 for panther habitat units, and they were very close to getting their PHU's. But they -- at that time they got the wetlands through the Camp Keais Strand, that the wetland they had, so we paid for that. Now, in the original-- in the February 24th, 2009 agreement, it had the one year condition that the county was to obtain the PHU from Starnes property, a property that Conservation Collier -- and folks Page 109 May 24, 2011 from Conservation Collier are here to answer any questions that you may have. The Board directed staff with Conservation Collier; since we're getting the Starnes property, Pepper Ranch and other parcels, let's start getting our conservation PHU's and wetlands credits from those properties. So the county started that process early on before any of these agreements, and they were -- we thought and Conservation Collier thought, Barron Collier as well thought that they would get their PHU's approved by the permitting agency within a short time. And that is obviously not -- wasn't the case. The PHU's that the county for the Starnes, that started in 2008. To date we don't have the PHU's from that parcel. Neither do we have it from Pepper Ranch. Although I understand from Conservation Collier that we are getting very close to getting it from Starnes. Now at that date of March 2010, a year after the 2009 agreement, now that county option expired, that we can no longer use the PHU's from our own Starnes or from our own Pepper Ranch. That's the agreement we entered into. So now we have to obtain it from the -- as was initially envisioned by DCA, from Barron Collier. They applied for the PHU's, part of the application for federal permits that they got. Now, advancing to the second payment of the wetlands is in October that was due. And sure enough we paid those amounts. We paid $740,000 in October, 2010 when South Florida accepted the wetland monitoring report, and that's also per the agreement, and we paid the earlier agreement, as I indicated before. So to date we paid -- to this date, October 20 10, we paid a total of $1 ,481 ,280 for wetland mitigation from Barron Collier. Remember this is a much discounted rate. The open market, $60,000. This is $48,000 a unit. It's a huge deal, I believe, for the county . The -- advance to March 2011, U.S. Fish & Wildlife accepted Barron Collier Trust agreement, now the balance is due. Essentially Page 110 May 24, 2011 they accepted their bank, or the conservation. At this date we don't have ours. So -- they submitted an invoice for a total amount of 1.86 __ 1,861,000, I can't read that far, I'm sorry. $1,863,000. $1,863,000. So now the $1,200 per unit, the agreed upon price, in 2011 is now -- it is $925. The market for PHU's, due to economic developments of the -- that we're facing in the county have gone down from $1,200 in 2009 to today's market of$925. The wetland mitigation cost stayed the same. It was $60,000, remained $60,000. So that's the invoice I mentioned that Barron Collier submitted to pay them the amount due per the agreement. Now, this slide shows you a calculation, and on the left is the agreement cost. And the agreement cost, if you consider wetlands as well as PHU's, the total cost for those two would be $3.3 million plus. And if we had bought them at the time we got the permit, as we are required to, it would be $4.39 million. So we have, I think, the agreement -- per the agreement that was made, we saved over a million dollars in savings to the county, based on the agreement. I'm available for any questions, sir. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: My light wasn't on for this. I was waiting to hear him speak. CHAIRMAN COYLE: Does anybody want to hear the speakers first? COMMISSIONER FIALA: Yes. COMMISSIONER COLETT A: Yes. CHAIRMAN COYLE: Commissioner Henning, your light's on. COMMISSIONER HENNING: No. CHAIRMAN COYLE: Okay. You don't want to hear the speakers first? COMMISSIONER HENNING: No. CHAIRMAN COYLE: Go ahead. COMMISSIONER HENNING: Do we have a valid agreement? Page 111 "o>_.__.,~~'"._.._-~..- May 24,2011 This was supposed to be consummated last year? The transaction was -- oh, it was February ofthis year, right? MR. AHMAD: Yes, sir. We -- in understand you correctly, we should have paid the panther much earlier than we are doing it now, is that the question, sir? COMMISSIONER HENNING: No, the question is, is the agreement still valid? Is the agreement still valid, Mr. Klatzkow? MR. KLATZKOW: I believe it is. COMMISSIONER HENNING: It has a one year clause in it. The agreement was signed in February? MR. KLATZKOW: Yes. COMMISSIONER HENNING: What month is this? MR. KLATZKOW: May. COMMISSIONER HENNING: So we still have a valid agreement. MR. KLATZKOW: Yes. We got the benefit of the bargain. COMMISSIONER HENNING: Well, is it a true bargain? MR. KLA TZKOW: Yes, it is. Because we would have had to have paid for these mitigation credits way back when. MR. AHMAD: Yes. COMMISSIONER HENNING: But did the Barron Collier have the mitigation credits way back then? MR. KLATZKOW: No, but because of this agreement we were able to proceed with the road project. Without this agreement we never would have gotten the permit to proceed. COMMISSIONER HENNING: Okay. And you're saying the agency dictated where we get the PHU's and the wetland credits? MR. AHMAD: No, sir, the -- if you recall in the agreement, the -- both Barron Collier and the county applied for panther habitat. We were the co-applicant essentially trying to accelerate this project with Barron Collier for the PHU's on that parcel that they owned. Page 112 May 24, 2011 And they were going to give it to us at a discount. COMMISSIONER HENNING: What was my question again? This sure wasn't the answer to my question. MR. AHMAD: I apologize, I'll try again. Your question again, sir? I may have misunderstood it. COMMISSIONER HENNING: The question is, I believe it was, does Barron Collier have the PHU's? MR. AHMAD: They now do, yes. They didn't have it a while ago. They just got it. COMMISSIONER HENNING: How long ago? MR. AHMAD: They got it in March of this year. COMMISSIONER HENNING: Okay. But they didn't have it at the time that this agreement expired. MR. AHMAD: Correct. COMMISSIONER HENNING: So this agreement is expired. I'm reading that it has expired. But my question was, did we have to buy the units? Did the agency dictate where we bought the units? MR. OCHS: Did the agency dictate where we bought the units? MR. AHMAD: The agency had -- the reason we started the project without PHU's is because we were a co-applicant. The agency does not dictate where you obtain it, but by virtue of being a co-applicant, sir, they knew where we were getting our PHU's. COMMISSIONER HENNING: I don't know why you have a problem answering questions. MR. FEDER: Commissioner, the direct answer to your question is no, they didn't dictate that. Because we were able to get a 20 percent reduction to 1,200 rather than having to buy on the open market at 1,500 at that time, we entered into that agreement. We also felt as part of that agreement we were given one year to try and get the PHU's off of Starnes, and we sought to do that. Unfortunately that didn't come about. So now we're working with the Page 113 May 24,2011 1,200, which is a reduced rate that we would have had to pay -- COMMISSIONER HENNING: You would have had to pay then when you -- before, prior to construction. MR. FEDER: Exactly. And to be able to go to construction to get your permit, you have to pay for your PHU's at that time. So it was either us buying at an open market for 15, go into this deal with a reduced rate of 1,200, so that was where we were looking, or an alternative, we had hoped, have the PHU's off of Starnes to pay for it, which didn't unfortunately materialize. COMMISSIONER HENNING: Well, this agreement is between the Board of Commissioners. And I would hope that if the Board's going to vote on it, that we recognize that it is a valid -- that the agreement has not expired. And I think that's a valid point. CHAIRMAN COYLE: Yeah, I do too. But I'm confused by some of the answers you got to your questions, though. COMMISSIONER HENNING: Get them from Norm, you might get it -- CHAIRMAN COYLE: I just think there's a failure to communicate. Did you see that movie? Okay. The agreement was signed in March of2009, not January or February of this year. MR. FEDER: That's correct. CHAIRMAN COYLE: Okay? COMMISSIONER HENNING: Right. CHAIRMAN COYLE: That agreement didn't have a one year expiration, it had a provision that said that if the government, Collier County Government can't get their own PHU's within a year they have to pay for these. MR. FEDER: Correct. CHAIRMAN COYLE: Did I say this right? MR. FEDER: Correct. CHAIRMAN COYLE: Okay. So we signed an agreement on Page 114 May 24, 2011 March the 3rd or so, 2009. It was duly recorded in the Clerk's Office. It has been a valid agreement for the entire period of time. We tried to get our own panther habitat units on our property, but that was delayed for at least two years because of a dispute between the state and the Clerk about who would hold the money. MR. FEDER: Actually, the federal agency. CHAIRMAN COYLE: I'm sorry, the federal agency, okay. And that still has not been resolved. So we could not get our own panther habitat unit program going in time to meet the time deadline in this contract. MR. FEDER: Correct. CHAIRMAN COYLE: Therefore, we had already used the panther units in order to get the permit and we owed Barron Collier the money. MR. FEDER: At the agreed upon price of 1,200, which is a reduction from the going rate at the time. CHAIRMAN COYLE: Which in the aggregate saved us over a million dollars including the wetland mitigation and panther habitat. MR. FEDER: About 900,000, because it's 1,500 a unit, not 16. But yes, about $900,000. CHAIRMAN COYLE: Almost a million dollars, okay. So we had a valid contract. We were obligated to pay . We're now paying. We've enjoyed use of somebody else's money for two years. And we also saved approximately a million dollars on the deal. MR. FEDER: That's correct. CHAIRMAN COYLE: What's there to argue about? MR. FEDER: I'm not arguing, sir. CHAIRMAN COYLE: Okay, then why are you talking? MR. FEDER: I'm not. CHAIRMAN COYLE: Thank you. Okay, Commissioner Fiala? COMMISSIONER FIALA: Speaker's first. Page 115 May 24, 2011 CHAIRMAN COYLE: Oh, yes, that's right, public speakers. MR. MITCHELL: The first speaker is Duane Billington, and he'll be followed by Tim Nance. MR. BILLINGTON: For the record, Duane Billington. Curious about a few things. I believe Collier Corporation was given $50,000 an acre credit for donating right-of-way for the subject roadway, is that correct? And then, I would ask as a second part to that question, did that relieve them from any impact fee obligations? MR. FEDER: The first is they were not given $50,000 for the donation of lands. I believe they valued it relative to issues they had at that rate, which is about the going rate at the time in 2005. No, they were not given any impact fee credits for the right-of-way. MR. BILLINGTON: Okay. $50,000 an acre is for something that's contested, an unwilling seller where there's court fees involved. We have a willing seller here, I just want to point that out. The mitigation costs, are they included when we can set impact fees for transportation? MR. FEDER: Yes, they are. They're part of our impact fee process. MR. BILLINGTON: So then Barron Collier through their impact fees is contributing to these panther unit mitigations? MR. FEDER: Yes. MR. BILLINGTON: That's interesting. From a taxpayer's standpoint, you know, we wouldn't need to do this work on Oil Well Road if it wasn't for Ave Maria. MR. FEDER: No, that's not correct. MR. BILLINGTON: What, are we widening it for the prison out there beyond the end of Oil Well? MR. FEDER: No, we're widening it because we started at U.S. 41 on Immokalee Road, widened it out to Oil Well, six-Ianed the Page 116 May 24,2011 whole way. We're trying to establish a connection between the Immokalee community and the coastal community. Had worked with the Florida DOT to look at a project development environment study for alternates either to continue on Immokalee or out Oil Well Road. All of this actually before at least Ave Maria was to our attention. Once we realized that Ave Maria was about to occur and DOT had already looked at some of the environmental problems on Immokalee, the decision was to continue it relative to Oil Well, either to 29 or up Camp Keais, and that's become the further discussion. So the issue was to meet transportation needs in the county even before the issue with Ave Maria. MR. BILLINGTON: How would we need to do this at the current time if it weren't for Ave Maria? MR. FEDER: No, it sped things up. We probably would have been on Golden Gate Boulevard first, yes. MR. BILLINGTON: Okay. So you said 41 -- MR.OCHS: Commissioner, how do you want to handle this? CHAIRMAN COYLE: Well, this is not a debate about which road you were going to build when. It's a debate about complying with a valid contract. MR. BILLINGTON: I understand that. CHAIRMAN COYLE: Are we going to pay for a valid contract or are you going to suggest to us that we not pay? MR. BILLINGTON: Well, I'll just sum it up by saying you all are substantially outgunned when you sit down at the negotiating table with these contractors. You have not been serving the taxpayer well. CHAIRMAN COYLE: Million dollar savings didn't serve the taxpayers, huh? MR. BILLINGTON: You're paying more than what the going rate is now for mitigation credits. CHAIRMAN COYLE: Did you ever buy -- does (sic) anybody here ever buy stock and have it go down? Did you go back and ask Page 117 May 24,2011 for the difference back? Does anybody here have a house value decline over the past years, maybe even below your mortgage? Did you go back and say, whoops, give me my money back, I want the difference now? That's what you're wanting us to do, right? Okay. MR. MITCHELL: Next speaker is Tim Nance. MR. NANCE: Good afternoon. Tim Nance. I think when we're discussing whether we should be paying Barron Collier Company a cash payment for anything, we need to look at the developer contribution agreement that was consummated in April, 2005 and some of the assumptions that were made at that time. Some of the assumptions included, we were going to build, despite the fact it's 12 miles through basically undeveloped territory, an urban four-lane road with a provision for six-Ianing. Some of the assumptions were that Ave Maria was going to ultimately be built out by the year 2016 with 11,000 residential units; that Barron Collier was going to be paying in excess of $60 million in road impact fees predicated upon the idea that there was going to be 50 -- 120 residential units by 2010 when in fact there turned out to be 374 residential units, according to the Ave Maria Stewardship District five-year fiscal monitoring report delivered to you in June, 2010. Associated with that report was a report, that to that date Barron Collier's development had contributed $9 million in transportation impact fees and that Collier County had borne the expense of $39 million to date on the road. So your concern, Commissioner Coyle, that we've been using Barron Collier's $1.9 million for a couple years pales in contrast to the fact that they've been using $30 million of Collier County's tax money where they should have had impact fees to pay for the construction of the road. It's my understanding that Barron Collier -- it's reported in the executive summary that Barron Collier Companies has allowed for an May 24,2011 arrangement for the county to pursue creation of our own panther habitat units off our properties and that we have -- possibly have some alternatives. I think we should continue to try to apply our habitat units, request that Barron Collier give us a little more time, and I think that any cash payment of $1.9 million to Barron Collier Company for anything, for any cost associated with this road, is absolutely ludicrous. Thank you very much. CHAIRMAN COYLE: Mr. Nance, could I ask you a question? MR. NANCE: Yes, sir. CHAIRMAN COYLE: Most of what you pointed out is really a matter of timing. That is, that economic circumstances resulted in slower growth in Ave Maria, consequently -- MR. NANCE: I agree, sir, that-- CHAIRMAN COYLE: At what time, what day did you forecast that the market was going to collapse? MR. NANCE: I did not, sir, and neither did you, did you? CHAIRMAN COYLE: That's right. MR. NANCE: That's correct. CHAIRMAN COYLE: So in order to look back and say you negotiated a bad contract, you would have to understand or you would have to believe that the market was going to crash shortly thereafter. To go back -- to use current circumstances, to go back and second guess a decision that was made five years or more ago is, to say the least, disingenuous. But thank you very much for your crystal -- MR. NANCE: Well, I think, sir, frankly it's very disingenuous for Barron Collier to hold us to this sort of a request when the taxpayers of Collier County have been very accommodating to all these benchmarks and dates that have failed. For us to get all excited about one more in a stream of about 10 or 12 assumptions that were in error I think is irresponsible for the taxpayers of the county. CHAIRMAN COYLE: So this is about punishing Barron Collier Page 119 May 24,2011 Corporation. It's all about -- MR. NANCE: No, sir, I think we've treated them very well, sir, don't you? CHAIRMAN COYLE: Okay, but you don't want to have that happen, right? MR. NANCE: No. I think that they ought to give us a little break since we've given them a break. CHAIRMAN COYLE: Okay. And you don't think we should adhere to a contract that we signed? MR. NANCE: No, sir. You want to hear what you agreed to? The county, in good faith, commits to complete construction of the project, meaning Oil Well Road, by 2010 subject to its road impact fee structure remaining substantially intact, which it hasn't, receipt of sufficient road impact fees, which have not occurred, and delays caused by matters typically considered to be force majeure. I think sir, that a variance in this case falls within one of those exceptions. CHAIRMAN COYLE: Do you? MR. NANCE: Yes, sir, I do. CHAIRMAN COYLE: Good, good. Thanks for your legal advice. Okay, who's next? MR. MITCHELL: Sir, that was your final speaker. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Seems first there were attacks on Arthrex, now there are attacks on Barron Collier Company. I don't understand what all these attacks are. Aren't we supposed to be addressing the issue? Now, I'm going to just put it in really common sense simple terms. I went out and bought a suit for work a couple years ago because I really needed to wear a new suit to work. But I put it on my charge because I didn't have all the money and I was hoping to find a Page 120 May 24, 2011 blouse that matched it. But I wore that suit and I wore that suit. And then time comes, I haven't finished paying my charge off but here I notice that the suit is now on sale so I want a lower rate because I didn't know it was going to go on sale. So I deserve a lower rate, just take that off my charge card because I don't need to pay it. That's about what we're saying. That doesn't make any sense at all. At the time we thought we were getting a good deal, it was negotiated from $1,500 down to 1,200. That was good for us. And it served the purpose because we wanted to move forward with this road. We had to have it. Yes, the other things didn't transpire as much as we wanted them to take place so that we could have our Starnes property used as the PHU's. It didn't come to be, there have been hold-ups all along the way, but we signed an agreement and we should honor that agreement. And so I would make a motion that yes, indeed, we authorize a budget amendment for the purpose of funding the necessary PHU's required for the Oil Well Road project per the terms of our agreement in the amount of -- total amount of 1,800 -- I'm sorry, $1,863,000, with -- and I want to mention we are recognizing that the agreement that we had signed is still a valid agreement. CHAIRMAN COYLE: Thank you very much. COMMISSIONER COLETTA: I'll second that. CHAIRMAN COYLE: Motion by Commissioner Fiala, second by Commissioner Coletta. Commissioner Coletta, go ahead. COMMISSIONER COLETTA: I'll tell you, it's been forever trying to get a four-lane road to Immokalee. Been working on both ends of the equation from Naples to Immokalee and from Fort Myers to Immokalee. Eighty-two we brought that into the strategic modal system. We got a tremendous amount of support. Money ran out. We're not quite there. Immokalee's got great visions, despite the fact they don't have an active master plan, but they've got great visions. Page 121 May 24, 2011 They need a four-lane road. This is one of those things that would never have happened probably if it wasn't for the money we received from Ave Maria to get to the point we are. Once we get down there to Camp Keais we only have to go down Camp Keais and we make the connection to Immokalee. Make all the difference in the world to be able to have a four-lane road go through there. Mr. Feder, for the public, one more time, would you be able to state exactly what Barron Collier's commitment to this deal was? MR. FEDER: Exactly without in front of me, possibly not, but essentially yes. COMMISSIONER HILLER: I've got the Developer Contribution Agreement. Would you like it? CHAIRMAN COYLE: Commissioner Hiller -- COMMISSIONER COLETTA: Can I ask you to take charge of your meeting? CHAIRMAN COYLE: Commissioner Hiller -- COMMISSIONER HILLER: I just wanted to offer it to help. CHAIRMAN COYLE: Commissioner Hiller -- COMMISSIONER COLETTA: Take charge of your meeting. CHAIRMAN COYLE: -- you don't have the floor. COMMISSIONER HILLER: I just wanted to help him. CHAIRMAN COYLE: You don't have the floor, Commissioner Hiller. MR. FEDER: Commissioner, thank you, but I think I can get the essence of it. Basically they provided right-of-way from what was essentially 100 feet up to 200 feet across their boundary on the -- not only Oil Well but also on Immokalee if we ever pursue it in the future and on Camp Keais. They provided storm water management on their property so that we didn't have to buy retention areas. Essentially five acres I believe every three miles. In essence, the equivalent. Page 122 May 24, 2011 They ended up going into a provision for fill at their cost, but we ended up as it turned out with the construction not pursuing that. They also designed it with their funds up front. That they did get impact fee -- will get impact fee credit for, for the design. But they fronted the money and then it comes back to them, only in half of the impact fees that they accrue in a year so that we didn't have that bill coming and stopping any impact fee collections even under the original concepts and the original growth rate. So they did provide quite a bit toward the project, help bring it forward. And as I said, we also are still trying to connect to Immokalee, as you raised. COMMISSIONER COLETTA: Thank you, Mr. Feder. I appreciate that. And I think we ought to get on with it. CHAIRMAN COYLE: All in favor of the motion, please signifY by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign? COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: It passes 4-1, with Commissioner Hiller dissenting. And I would just like to make an observation for the audience and the television viewers, because we're going to see more of this as we go through the day, that much of what you heard is political rhetoric by a group of people who are pushing a particular candidate and a particular position for Collier County Commission. So much of this public comment and much of the comment from some members of this board are political statements more than anything else. But nevertheless, where do we go next? COMMISSIONER HENNING: I have a request. Page 123 May 24, 2011 CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: We're trying to do the public's business. Is it possible that we can just stay to the item on the agenda? We can do it as a Board. We can't demand the public does that, but shouldn't we do that? CHAIRMAN COYLE: What did you say, stage? COMMISSIONER HENNING: Stay on the topic. CHAIRMAN COYLE: Stay on the topic. Well, I wish we could, but the public just won't let us do that, nor will some of the members of the Board let us do that. COMMISSIONER HENNING: Mr. Chairman, you're the Chair and you know the items on the agenda, just like anybody else. I think it's your duty to point out when a Commissioner strays from the topic. CHAIRMAN COYLE: I'll be happy to do that. COMMISSIONER HENNING: Thanks, I would appreciate that. CHAIRMAN COYLE: Thank you. Okay, where do we go from now? Item #IOD RECOMMENDATION TO APPROVE A FIRST AMENDMENT TO LEASE AGREEMENT, A/K/ A CATTLE LEASE, FOR THE PEPPER RANCH PRESERVE UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AND DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE LEASE AMENDMENT TERMS - MOTION TO CONTINUE - APPROVED MR.OCHS: We go to Item 10(D) on your agenda, which was previously Item 16(E)(3). It's a rec -- CHAIRMAN COYLE: Did you say 10(D)? MR.OCHS: Yes, 10(D), Delta, yes, sir. Page 124 May 24,2011 And that was a recommendation to approve the first amendment to lease amendment -- excuse me, lease agreement also known as the cattle lease for the Pepper Ranch Preserve under the Conservation Collier Land Acquisition Program, and direct the County Manager or his designee to implement lease amendment terms. COMMISSIONER HILLER: Forgive me, I just want to -- I apologize, but before we moved on to that, may I -- CHAIRMAN COYLE: Commissioner Hiller, please turn your light on when you want to speak. COMMISSIONER HILLER: I apologize. Thank you. Sorry about that. CHAIRMAN COYLE: You have the floor, Ms. Hiller. COMMISSIONER HILLER: I just wanted to introduce a document with respect to my last vote. And I was just having a hard time finding it and I finally found it. And essentially it was a letter that supports Commissioner Coyle's interpretation of that contract that in fact, you know, these time limits had expired. So I will turn it in after. But I just want you all to know that. Because the county did assert by way of letter that Barron had not fulfilled its obligation to obtain these panther mitigation credits when the county could not do so itself. So -- and I just -- I apologize, it took me a little bit of time. But the county is -- and I just now -- Barron's letter is included as well. It says, your March 4th letter states that the county is not required to pay the requested amount because no panther habitat units exist -- CHAIRMAN COYLE: Okay, Ms. Hiller, you can submit it in evidence -- COMMISSIONER HILLER: So I just want to -- CHAIRMAN COYLE: You said you've done that, we're now on a different agenda item. COMMISSIONER HILLER: Thank you for allowing me to do that, thanks.i Page 125 May 24, 2011 CHAIRMAN COYLE: Okay. MS. HENNIG: Melissa Hennig, Principal Environmental Specialist. I have a brief slide show, two slides, to show you the substantive changes of the cattle lease amendment. Originally when we -- all the dust settled after the acquisition of Pepper Ranch and we met with the cattle lessee, I put the folio numbers from the cattle lease on the map and we both looked at it and said we're missing some numbers here. We're missing some of the parcels we intended to have on the lease. And that was where this lease amendment started. You can see from the map the reddish area was what made it into the cattle lease, and what we both intended to be in the cattle lease was the red plus the yellow areas. That was why we started the lease amendment process. Along the way staff realized the addition of acreage, the rental, if it was indeed to stay a dollar an acre, the rent charge if we added that acreage would be $2,293 an acre. And we realized well, they have mowing equipment out there -- or $2,293 a year. Excuse me. And we realized well, we have to pay to mow one of the pastures that's not included and the fire lines that aren't included in the pastures of the cattle lease. Under the cattle lease the lessee is required to mow all the pastures where they have their cattle and maintain the internal fencing. So we thought it would be to our benefit, since at the time it was costing us -- or we had a quote that it would cost about $4,000 to mow the highlighted blue pasture down by the lake and those fire lines that are also highlighted blue, the negotiation was, okay, instead of paying the $2,293, will you mow this pasture for us so many times a year, and that will save us money. Now, when it went to our committee -- our sub-committee agreed to those terms. We took it to the committee, they had issues similar to Page 126 May 24,2011 -- I spoke to Mr. Billington, and they had similar issues that is this the going rate for cattle. And so I called Lee County, they were charging a dollar an acre. I called -- they recommended I call Steve Smith, who is with Babcock Ranch now, he used to work for Alico, and he didn't scoff at a dollar an acre but he said, enhhhh. That was his basic sentiment. But he said, if you are having fewer cattle than are allowable on the property because of its environmental land, you can't really go and ask for higher rates. Later when I did talk to Mr. Billington -- anyway, so I felt comfortable going forward with our dollar an acre after I looked at the range plan that was created by USDA for us after they went out and looked. The cattle use we're allowing is less than would normally be allowed because it's a preserve for wildlife. Once it made it to the agenda I did get the call and I investigated further after looking over some things that Mr. Billington had, and indeed some places in the area are getting $6.00 an acre for pasture land. And when I talked to Lykes Brothers in -- just north of here, they're getting about $2.13 for non-pasture land. So when I broke that out, we could potentially be getting about 6,000 or so -- I'm sorry, $7,000 a year. And the mowing now after a new quote is worth about $6,000 a year. So give or take $1,000 we could if we didn't go into this agreement get more. But the original lease agreement -- let me go back to my slide. That is how we came up with the mowing in lieu of the rent. At the time we saw that it would save us money. The term extensions, the original term of the lease was for five years. And I did talk to the Water Management District and they said that is a normal procedure for them, also to get into a lease agreement right away with the seller to keep the cattle on. And they normally do get a slightly reduced rate. And that's where we are there. That term goes for three years with the opportunity to extend for Page 127 May 24,2011 two more years after that. We thought it necessary to put in there that the cattle had to remain for 90 days, because it's a management tool. We don't want them just to up and take their cattle off if they decide to terminate. The added extended term was added to the lease and that's for a possibility of five more years after the initial five year term of the lease. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Is there a difference between cattle grazing and cattle production? In the executive summary in the second paragraph, Melissa -- let's see, the property is the sole purpose of cattle grazing and incidental activities that are directly related to beef cattle production. Maybe I don't understand beef cattle production. MS. HENNIG: They graze the land but they also are breeding the cattle. What they do is they'll breed the cattle and then they'll sell the calves after -- COMMISSIONER HENNING: Nothing more than that? Okay. Well, I guess the question is are they going to be doing -- what about if they don't mow and they graze the area that you want to be maintained? MS. HENNIG: Right. The area we want them to maintain is going to be open to the public in probably a year or two. And so we didn't feel it was a good idea to have cattle in that area. COMMISSIONER HENNING: All right. So we're -- bottom line, we're missing out approximately maybe $1,000 a year? MS. HENNIG: Possibly. In could add one thing. It is an issue. When I talked to other land managers, because we've never dealt with cattle before on our properties, they really made it a point to tell me how important it was to get a good working relationship with your cattle person, for what that's worth. We have a very good relationship with them. They're Page 128 May 24, 2011 trustworthy. I've heard stories of overgrazing and things like that. CHAIRMAN COYLE: Let me tell you, I feel uneasy about the failure to make a good strong positive statement in support of this agreement. If there is some doubt about how much money we can get here, we ought to go back and negotiate. But I'm just not getting a real strong message that this is something that has been thoroughly examined and whether or not all of the alternatives have been explored. When you tell us that maybe we could get some more money if we went out and checked, I think maybe we ought to go out and check. But I just tell you, I'm a little uneasy about it. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. A couple things we need to recognize is the money's almost immaterial to what the services are that are provided. The Cattle act as a management tool. We're trying to keep it down. And the mowing that takes place keeps the exotics from taking over. It's just pure management. Now, you know, we could put this back out again, maybe we might come up a couple hundred dollars ahead, but we'll probably spend that much time and staff time to get to where we need to be. How long is this agreement for? Let's see, it's cut for several stages. MS. HENNIG: The original lease is through next year, and then with the possibility to extend it for two more years, and then after that five more years at a one-year increment every year. COMMISSIONER COLETTA: In order to give a certain amount of comfort to Commissioner Coyle and possibly other commissioners, how important is it that this takes place at this meeting? I'll tell you what I got in mind. If we could get the agricultural agent to come to the next meeting and maybe give us an overview of what his view on this and what he knows as far as lease rates. I mean, Page 129 May 24,2011 it's pretty common, even our Airport Authority leases out part of their land for cattle grazing. I have no idea how they structure it, but it might be something we could use for comparison. That would be a great one too because those are facts that are going to be readily available and we don't have to worry about somebody mismatching the amounts. We'll be able to get the truer value of it. They've been doing it for an untold number of years, so they'll have a running record and they might have a better idea what the value may be. Would that be agreeable to continue this and have them come back and maybe the agricultural agent could join -- excuse me, I think I'm coming down with a cold. I hope I don't give it to anyone. COMMISSIONER FIALA: Better take some echinacea. COMMISSIONER COLETTA: Thank you, appreciate that, Dr. Fiala. CHAIRMAN COYLE: You had some observations, County Manager, or not? MR. OCHS: No, sir, except to concur that we ought to take this back and take a second look at it and make sure we've done our due diligence and then bring it back when it's ready to go. COMMISSIONER COLETTA: Motion to continue. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to continue by Commissioner Coletta, second by Commissioner Fiala. All in favor, please signifY by saying aye -- MR. MITCHELL: Sir, do you want the public speaker? CHAIRMAN COYLE: I'm sorry. Have Mr. Billington come up. MR. MITCHELL: The public speaker is Duane Billington. MR. BILLINGTON: For the record, Duane Billington. I want to thank Melissa, it's been a pleasure working with her on this. I think she's done as good a job as anybody could reasonably expect. Page 130 May 24,2011 When the county acquired Pepper Ranch, we didn't do it for cattle grazing, we did it to use as park land and not necessarily to go out and view cattle. I think we were looking at viewing deer and turkeys and critters of that nature. So for her to have to go down this road, something entirely new, I think she's done an excellent job with the resources that she's had. I do appreciate your approach at wanting to continue this. I just want to bring out a couple things. Mowing requirements, fence repair, fence construction, they're common elements of cattle lease agreements, a lot of which benefits the cattle grazer or the lessee. The mowing of improved pasture, which is part of the structure of this lease, if you look at other leases, that's something that's expected of the lessee at no cost. So the only thing really beyond is the mowing of some of their trails. Then there's the question of going back to what do you want to see when you go out to the Pepper Ranch? Do you want to see cattle grazing or do you want to see deer and wildlife? A lot of the mowing might not be necessary if you just pull the cattle off and devote it to those other causes. Commissioner Coletta makes an excellent point, we do need an assessment by the Department of Agriculture. But I think we also need an assessment by Florida Wildlife, Division of Habitat and Species Conservation and come up with an assessment based on what's the best use, and is cattle grazing going to do more harm than good. And again, I'd like to sum up by thanking Melissa, it's been a pleasure working with her, and I'll communicate with her in the future. Thank you. CHAIRMAN COYLE: Thank you. Now, does this -- all in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. Page 131 May 24, 2011 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Does this affect the other two items also? Are these going to be -- MS. HENNIG: No, they're -- CHAIRMAN COYLE: -- totally separate issues? Okay. All right, let's go to the next one. Item #IOE RECOMMENDATION TO APPROVE AN ACCESS EASEMENT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AND DECLARATION OF RESTRICTIVE COVENANT WHICH WILL ALLOW FDEP TO MONITOR THE CATTLE-VAT CLEAN-UP SITE AT THE PEPPER RANCH PRESERVE AND RESTRICT PUBLIC USE WITHIN THE CATTLE-VAT CLEAN-UP SITE-APPROVED MR. OCHS: This item is WeE). It was previously 16(E)(4). It's a recommendation to approve an access easement to the Florida Department of Environmental Protection and a declaration of restrictive covenant which will allow FDEP to monitor the cattle vat clean-up site at Pepper Ranch preserve and restrict public uses within the cattle vat clean-up site. Melissa? MS. HENNIG: Back in the early 1900's, pre-1940's, to deter the spread of a fever spread by ticks, it was decided by the USDA that all cattle in Florida needed to go through what was called a cattle dipping vat. And I have a picture of an old one that was out in ago lands. And Page 132 May 24,2011 that's what they used to do, the cows had to swim through this slurry of toxic chemicals, one of which is arsenic. And you can see that the pit just -- the dipping vat just opens up into the ground. So they'd fill it up every once in awhile, and where did that go, that went into the soil. Now when people buy ago lands, a lot of times old ago lands they had these cattle dipping vats. And Pepper Ranch was no different. In the Phase I environmental report it was noted that there was a dipping vat by the old cattle pens. You can see where it is in relation to the property, and then I'm going to zoom in here. This item is -- it was decided upon at the closing of the property that the seller would incur all charges to clean up the cattle vat, since it was their property before -- or after the sale, and there was escrowed money put away to clean up the cattle vat. The pink area on the map is where the actual cattle vat was. This area was scooped out. Six feet of contaminated fill was scooped out of that area. The yellow area, two feet of contaminated fill was scooped out. And in the blue area the entire area blue area is now covered with two feet of clean fill and fenced off. This is what the Department of Environmental Protection considers engineering controls. That means no one will ever play on that dirt. Even though all the engineers tell me that you'd have to eat the dirt for 30 years every single day to get sick. CHAIRMAN COYLE: Some of the engineers might do that. MS. HENNIG: The stars are the monitoring wells that were put in place by the seller's consultants. The red line is -- this property is called an institutional control, it had to be surveyed out of this property boundary and completely removed from the property so that it stands out if it's ever sold. No drinking wells can ever go into this area. The reason that is, is the arsenic is not completely cleaned up around the pink area. It is below certain levels and it is below Page 133 May 24, 2011 standards in the whole red area. But the fact that the arsenic plume once -- the contaminated soil is actually shrinking based on the monitoring wells. That's enough for DEP to give it institutional controls. So this is a great thing. It's cleaned up. Along with this, that's the declaration of restrictive covenant, which basically means you can't do this here, you can't put drinking wells here, you have to put clean fill over it. That's been done. The second part is an FDEP access easement. And that basically gives DEP access to this site to monitor it whenever they'd like. And I do have pictures. That's them digging out the pit and the clean fill and the fence. CHAIRMAN COYLE: Okay. How are you doing? Are you okay? THE COURT REPORTER: Yes, thank you. CHAIRMAN COYLE: All right, let's call the public speaker. MR. MITCHELL: Mr. Billington. MR. BILLINGTON: For the record, Duane Billington. I really have no problem with the easement. There's a couple things I wanted to bring out though on this. That if you look at Page 2 of the executive summary, first paragraph, it reads: Since the acquisition of Pepper Ranch preserve in February, 2009, Collier County's use of the southern access road associated with the BCI access easement, that being Barron Collier's access easement, has dwarfed BCl's use of the same road. Any potential for loss ofPHU's, which are panther habitat units, at Pepper Ranch preserve, because of the southern access road would be as the result of Collier County's current use ofthe access road, not BCI's current limited use of the access road. And it goes on to say that there would be -- there's risk of potential loss of the panther habitat units if additional uses were granted in that area. So actually we're kind of shooting ourself in the foot on these Page 134 May 24, 2011 panther habitat units, if that was the objective of purchasing the land to begin with. MR. OCHS: Mr. Chairman, I -- Mr. Billington, forgive me for interrupting. But I believe you're referring to the next item, not the item that we're on now, which is the easement to FDEP. MR. BILLINGTON: Covenant which will allow FDEP to monitor the cattle vat clean-up site. MR. OCHS: That was 16(D)(4). You're I think reading from the next item. MR. BILLINGTON: You are correct, this is a sheet from the next item. CHAIRMAN COYLE: Let's not repeat this. Let's finish it up and we'll remember it for the next time. MR. BILLINGTON: Very good. So anyhow, when it comes to that next item, I don't see any reason why we're releasing escrow. Thank you. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. We're going to take a break, okay. We'll be here back at 5:00 -- 3:00. (Recess. ) CHAIRMAN COYLE: Okay, ladies and gentlemen, Board of Page 135 May 24,2011 County Commission meeting is back in session. We're going to - Item #10F RECOMMENDATION TO AUTHORIZE RELEASE OF $250,000 HELD IN ESCROW TO LAKE TRAFFORD RANCH, LLLP, THE SELLER OF THE PEPPER RANCH PRESERVE, AND APPROVE THE ASSOCIATED BUDGET AMENDMENT - APPROVED MR. OCHS: 10(F), sir. CHAIRMAN COYLE: 10(F). MR.OCHS: Which was formerly 16(E)(5). It's a recommendation to authorize the release of $250,000 held in escrow to Lake Trafford Ranch, LLLP, the seller of Pepper Ranch preserve, and approve the associated budget amendment. Melissa Hennig will present. MS. HENNIG: Good afternoon. Melissa Hennig, Principal Environmental Specialist, for the record. When Pepper Ranch was acquired there was an easement issue that came up at the last minute. I have a map up of the easement. It's basically giving Barron Collier Industries the right to access their cattle and their land to -- just to the south of Pepper Ranch through the yellow line on the map. The issue was, will the use of this easement affect the County's ability to collect a certain number of PHU' s? Will the use of that road spook the panthers to such an extent that we're going to have to get less credit because it will degrade their habitats? We checked with U.S. Fish & Wildlife Service at the time. They said chances are most likely not, but we can't give you a determination at this point. So because of that, $250,000 was put in escrow until a determination could be made by the U.S. Fish & Wildlife Service if that easement road was going to lessen the amount ofPHU's on Page 136 May 24, 2011 Pepper Ranch. In the agreement, the escrow agreement, it said we'd do our best to do it within a year. It's been over two years now. We did get a determination. I talked to the biologist. She told me flat out no, it's not going to affect it, in an e-mail. And I said, well, can I have a letter. And the letter that she gave me is what I gave you in the agenda, in the agenda packet. Basically says no, that's not our policy. But if it changes in the future, we're going to -- that's how we'll base our determination on whatever you submit. We're probably going to submit to the Army Corps soon, so they will be able to get us a definite determination. The biggest issue that struck me, and why I felt the need to pursue this before a determination, official determination, is that the oil trucks use the easement -- well, the oil wells are over on the west side of the property. So the oil wells are going to affect PHUs. That's a different easement. The use of this easement that is demonstrated in their access easement can never be above what it is -- current uses now is for cattle and timber harvesting. Right now they use that road, BCI uses that road or their cattle lessee uses it probably once a week or less. I checked our cameras, our security cameras at the gate. We actually use that road. Collier County staff, managing that property, uses that road probably average once a day. That's for exotic contractors, our cattle guy, staff, hunting, we've had horseback riding. And for the future this is our plan for public access, which you'll see when we come to you with our management plan. You can see where the easement road down there is. That actual easement road is going to be a multi-use trail in the future. It's going to be a fire break. It's going to be a hiking, biking, horseback riding trail. So my argument is, and was, still is, the fact that U.S. Fish & Wildlife Service first of all has never given a lower determination for Page 137 May 24, 2011 surrounding lands of access road. The access road itself will get a zero as the amount of PH Us we can get, which we've always known. But as far as how much that -- the access of BCI is affecting it, we -- our use, Collier County's use is overshadowing any kind of use BCI has right now. So ifPHUs are going to be affected, it would be the County's use and not BCI's use. So the fact that we held up that escrow I don't think at the point -- at the time it was held up it was made -- we didn't know what we were going to use that road for. But now two years later we see that hey, we're using that road more than they're using it for their access easement. So we're asking that that escrow be released because of the determination letter by the U.S. Fish & Wildlife Service and the fact that Collier County uses that road more than the easement people. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: We had this discussion during the Pepper Ranch purchase, the PHU's and the access that -- to the Barron Collier Company that is leased out. Anyways, I just wanted to make that statement. So I agree with your executive summary. CHAIRMAN COYLE: We have historical telemetry data on where panthers go. We must have historical data for this area, because we've got it for all the rest of Collier County. What I would like to see is a plot of -- on an annual basis that shows us the change in panther use of this property over a period of time. Now, that will give us a benchmark. And then rather than saying without any scientific analysis that we're going to chase all the panthers away, I would like to see what happens. Now, this puts us in a particularly bad negotiating position because we're essentially showing trails that somebody might want to put in here for recreational purposes, but they really haven't been Page 138 May 24,2011 approved yet by anybody. And if we just capitulate at this point in time and say well, it's all our fault, the panthers are not going to be there and we're going to chase them all out, then we don't stand any chance at all of getting a panther habitat unit out of this. But I really would like to see a year-by-year analysis of the number of detections of panthers in this area. Could you do that for us? MS. HENNIG: Yes. CHAIRMAN COYLE: Okay. That would be helpful for me at least. And that's going to mean that we've got to bring it back too. But Commissioner Coletta has some questions. COMMISSIONER COLETTA: The use of the property and these trails we're talking about, they're low impact. Aren't they considered something that's of nonintrusive upon panthers? MS. HENNIG: Correct, yeah, and they-- COMMISSIONER COLETTA: And if we need something to determine if we're doing the right thing, I imagine probably federal Fish & Wildlife over in, where is it, Palm Beach would be able to give us a determination. But I don't think there's a problem with that. I hope we don't in any way not get this amenity going for our residents and our visitors. You've got to remember, they're the guys that spend the money. The panthers haven't spent a penny yet. CHAIRMAN COYLE: Yeah, if these are typical of some of the trails I've seen out west, the locals generally call them dinner trails for the bears and the panthers, so -- COMMISSIONER COLETTA: And the bike path, they call that meals on wheels. CHAIRMAN COYLE: Yes, that's right. That's exactly right. The animals have a great time with those people. Okay, we have public -- we have a public speaker, I bet, don't we? No, he spoke last time. MR. MITCHELL: He's going to waive. He just waived. Page 139 May 24,2011 COMMISSIONER HENNING: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Coletta. I will only ask that you provide that information if the Board wants it. Okay. The information I asked for, does the Board want that? COMMISSIONER FIALA: Sure, might as well. We could all use it. CHAIRMAN COYLE: Anybody else? COMMISSIONER COLETTA: I got no problem with it. If it's dated, it already exists. If we have to start collaring panthers to get it, I'm not -- CHAIRMAN COYLE: No, I'm just saying, we don't even measure this stuff, other people do that. So they've got the data. And all I'm asking is that maybe we just send a copy to all the members of the Board so we understand the potential impact. Okay? Commissioner Henning. COMMISSIONER HENNING: I don't want to burden our staff with extra information on my behalf. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: Three-two vote. CHAIRMAN COYLE: What is? COMMISSIONER FIALA: I think it's a 4-1. COMMISSIONER HILLER: No, I mean asking for information, 3-2 vote. CHAIRMAN COYLE: Well, you can't deprive me of information if I need information. I will stand up for my rights to get information and you're not going to stop me from doing that. Right? Okay, we've got three people on the Board who would like to have that information, so if you would distribute it to those three people, don't distribute it to the other two. Okay. Thank you. Page 140 May 24,2011 I'm just joking, of course. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: It passes -- COMMISSIONER HILLER: In may, just to comment on your last joke, many a truth is said in gest. CHAIRMAN COYLE: Yes, yes. A philosopher, too. COMMISSIONER HILLER: No, actually, Shakespeare. CHAIRMAN COYLE: Okay, it passes 4-1 with Commissioner Hiller dissenting. Where does that take us now? Item # lOG AUTHORIZE THE COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE FOR FUTURE CONSIDERATION WHICH WOULD AMEND ORDINANCE NO. 04-12, AS AMENDED, ADDING PROVISIONS RELATING TO REQUIREMENTS FOR CERTIFICATE HOLDERS OPERATING NON-TRANSPORT ADV ANCED LIFE SUPPORT (ALS) SERVICES - MOTION TO CONTINUE - APPROVED MR.OCHS: Takes us to Item lO(G), which was formerly 16(F)(2) on your agenda. It's a recommendation to authorize the County Attorney to advertise an ordinance for future consideration which would amend Ordinance No. 04-12, as amended, adding Page 141 May 24, 2011 provisions relating to requirements for certificate holders operating non-transport Advanced Life Support services. Chief Page is here to present or answer questions of the board. CHIEF PAGE: Good afternoon, Commissioners. For the record, Jeff Page with Emergency Medical Services. On Friday, April 15th the EMS Policy Board met and with the participation of Chief Stolts and Chief Aguilera many changes were made to the COPCN, and it was agreed upon by Collier County EMS and the North Naples Fire Department. On Tuesday, May 17th, I met with Chief Stolts and Chief Aguilera to address a few remaining issues that they have with the ordinance as approved by the policy board. And basically I asked that the two of them just identify the major outstanding issues that they had and what it was going to take to prevent a disagreement coming before the Board. We briefly discussed the concerns -- and then jointly drafted word-by-word the language that we felt comfortable with. I e-mailed the changes to Assistant County Attorney Jennifer White. She made the changes and then I sent that wording to Chief Stolts that afternoon. That following morning, Wednesday, we switched out the COPCN ordinance in the agenda and provided the new language in there. And I also forwarded that to Chief Stolts by noon-time that day. Thursday, it's about lO minutes before the deadline for publishing the agenda, I received an e-mail from Jennifer White requesting yet another change be made that was never before identified. And then yesterday we received some additional requests for changes to the COPCN ordinance that was never identified before. So at this point I'm requesting that you just allow the COPCN to move forward with the changes that were agreed to at the time that it was published. CHAIRMAN COYLE: Okay, Commissioner Henning? Page 142 May 24, 2011 COMMISSIONER HENNING: Do you mean the ordinance or the CC -- CHIEF PAGE: COPCN ordinance. COMMISSIONER HENNING: Ordinance. CHIEF PAGE: Right. COMMISSIONER HENNING: The item on the agenda. CHIEF P AGE: Yes. COMMISSIONER HENNING: Okay. Well, I don't see any reason why we need to rush to approve something personally. I mean, ifthere's changes by the County Attorney and requested changes by the fire department, I think they should be considered. My observation of this agenda, it's been amended so much it should have been in a cleaner form to the Board of Commissioners. Section 1, there's nothing in Section 1 within this proposed ordinance. I'm sure something is supposed to be in there. The amendments to -- well, Section 2 with the definition, I'm asking, should there be more clarification about non-ALS? We have the Sheriffs Department doing BLS. Is this going to apply to them? CHIEF PAGE: Well, they're actually doing first responder, they're not doing basic life support in the sense that they're a licensed provider. COMMISSIONER HENNING: They are a -- CHIEF PAGE: They are not a licensed provider. COMMISSIONER HENNING: So you're saying this only applies to licensed providers? CHIEF PAGE: Yes. COMMISSIONER HENNING: Okay. Where does that identify that in the ordinance that it only applies to licensed providers? CHIEF PAGE: Let's see here. MR.OCHS: Commissioner, the whole ordinance relates to entities that have received the certificate of public convenience and necessity from the Board. Those are the only entities that we would Page 143 May 24, 2011 be prescribing under this ordinance. Mr. Chairman, in might, it's apparent to me there's still some work that needs to be done on this. And if it's the pleasure of the majority of the Board, perhaps we could continue this item and sit back down with the representatives from North Naples Fire and see if we can't get final-final language resolved and then run this past your EMS Policy Advisory Board one more time since it appears to be changing enough to where they may not have recognized it from the one that they sent forward to you. CHAIRMAN COYLE: I would certainly be in favor of that. Are there other Commissioners who feel the same way? COMMISSIONER HENNING: Yeah, I agree. COMMISSIONER FIALA: Sure. CHAIRMAN COYLE: All right. There's three here that we have -- MR.OCHS: Save some time and eliminate hopefully some of the confusion that still exists. CHAIRMAN COYLE: We have public speakers? MR. MITCHELL: Yes, sir, we have five public speakers. CHAIRMAN COYLE: Five public speakers. What, is Duane Billington going to speak three times? MR. MITCHELL: I think as I call their names, they might very well waive, since you're going to continue the item. CHAIRMAN COYLE: Okay, call the names. MR. MITCHELL: Mr. Aguilera? CHIEF AGUILERA: I'll waive. MR. MITCHELL: Laura Donaldson? MS. DONALDSON: Good afternoon. Laura Donaldson on behalf of North Naples. I'll be brief. First I want to thank your staff. Jennifer White especially has been great through this process of trying to get the ordinance in a position that North Naples feels is enforceable. Since it applies to us Page 144 May 24, 2011 as a Class 3 Operator, it does apply to us so it has direct impact. I do want to dispute one of the statements that was made dealing with the provisions that I submitted, well, yesterday, but after our conversation with Ms. White on Thursday. On Tuesday when Chief Stolts and Chief Page met, it was stated that I was out of town and I would need to review it. And I have that in an e-mail as well, saying I'm not a lawyer, I need to have my lawyer look at it. I was out of the country. When I got back at 7 :00 on the 19th I looked at it, talked to my client and contacted Ms. White saying wait, we have a problem with this. The language I submitted is very, very similar to language I submitted April 11 tho So this was not new language. I just wanted to make the Board aware. My intention was not to be here. We're trying to move this forward. We've had a great working relationship. So I didn't want you to think there's been an internal conflict and we were sitting on it. I also just want to make clear we're not looking to fragment service. The continuing of care issue, which is something that was discussed in great detail during the COPCN process and was approved by MSAC, we have not proposed a change to that. We've just proposed that it be in its own section. Because right now it's in a certification section. Has nothing to do with certification. It deals with continuing of care. And also that Dr. Tober still creates the protocols that we operate under. So I just wanted to make you aware that we're not -- those are really two big policy issues. We have not requested changes to those. It's more clarifying what we believe was the intent. And so we just appreciate the item being continued so we can continue to work with staff. Thank you. CHAIRMAN COYLE: Okay. MR. MITCHELL: The next speaker is Orly Stolts. CHIEF STOL TS: Good afternoon, Commissioners. Orly Stolts, Page 145 May 24,2011 Fire Chief for the North Naples Fire Control and Rescue District. First of all, I'd like to say I want to thank your staff very much for the time that they've spent working on this document. We feel it's a very important document to us and certainly Chief Page, the County Manager's office, the County Attorney's Office has worked real well with us working through this particular document. So we are -- I'm pleased that you're willing to let us have a little bit more time to go back and wrap up what we think is going to be something that will make this a document that we'll be able to move forward with in the future. So thank you very much for your time. Thank you. CHAIRMAN COYLE: Okay, is there a motion to continue-- MR. MITCHELL: The next speaker is Duane Billington. CHAIRMAN COYLE: I thought he waived. MR. BILLINGTON: For the record, Duane Billington. I think you're doing the right thing by continuing this. I do have a question. In this process where does the, quote, Blue Ribbon Moebius Committee come in? Are they part of formulating this or are they on the outside now looking in? CHAIRMAN COYLE: I think they made their report and they had a workshop after that and they said that was pretty much the limit of their involvement. MR. BILLINGTON: Thank you. MR. MITCHELL: Sir, that was your last speaker. COMMISSIONER HENNING: Move to continue. CHAIRMAN COYLE: Motion to continue by Commissioner Henning, seconded by Commissioner -- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. Page 146 May 24, 2011 COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, it is continued. Item #10H RECOMMENDATION TO AWARD CONTRACT #11-5673, "DISASTER DEBRIS REMOVAL & DISPOSAL SERVICES" TO THREE FIRMS, AND APPROVE ASHBRITT ENVIRONMENTAL SERVICES, INC., AS THE INITIAL DEBRIS REMOVAL CONTRACTOR IN OPERATIONAL READINESS FOR THE 2011 HURRICANE SEASON. THE FIRMS PROVIDE POST DISASTER EQUIPMENT AND HUMAN RESOURCES FOR COLLECTION, REMOVAL AND DISPOSAL OF DISASTER GENERA TED DEBRIS, WHICH WILL ENSURE PROMPT, TIMELY & EFFICIENT RESTORATION OF ESSENTIAL SERVICES - APPROVED MR. OCHS: Commissioners, that takes us to Item 10(H) on your agenda. It was previously 16(C)(6). It's a recommendation to award Contract for disaster debris removal and disposal services and environmental services, the initial debris removal contractor and operational readiness for the 2011 hurricane season. Mr. DeLony will present. MR. DeLONY: Sir, for the record, Jim DeLony, Public Utilities Administrator. I have a presentation here that outlines essentially -- not essentially but exactly what's contained in your executive summary to include the recommendation that's found in your executive summary that's on this particular chart. Page 147 May 24, 2011 At your direction, Mr. Chair, I can either provide my information or I can stand by for questions. CHAIRMAN COYLE: Stand by for questions. Okay, any questions? Commissioner Hiller? COMMISSIONER HILLER: I would love to see the presentation. The last time AshBritt was hired by the county, it was a $24 million contract. And this basically could turn into a very, very large contract if we had a hurricane and they were called to help us out with that. And if you could in that presentation also explain the interface between, you know, Waste Management and AshBritt's services in the event of a hurricane. You know, when services are suspended by one and when the other picks up. MR. DeLONY: Yes, ma'am. In terms of reference, your second question first. In preparing -- in running through and going through the full six phases of a debris operation, you get to that phase, if you look at between last pass and staging sites clean-up. At some stage of the game it just makes no sense to have a huge contractor out there picking up little dribs and drabs. We'd only make three passes, initial pass, second pass and the final clean-up pass, all of which are public noticed, and track both in terms of our outreach and education via the media, as well as our website. At some stage in the game the determination will be made when that point, that tipping point occurs, either by event, scale or just when it makes sense. We have in the collections contract which we renewed this morning there was a provision in there whereby we could negotiate that debris which is still eligible for federal funding and federal grants or state grants can be done with our normal collections contractor at some stage when we -- you know, at some stage, and we can stand Page 148 May 24,2011 down the big guy. And that's the interface. It's provided for in both contracts and we can make that decision. We did this successfully -- have done this successfully twice now. We did successfully with Charlie and we've done it successfully with Wilma. And in both cases the procedures and policies are laid out both contractually on both sides, in both contracts, this one and the subsequent collection contract as well as the procedures observed by the county staff, we've been very successful in obtaining the grant dollars that we were entitled under both FEMA and the state. So I hope I've answered your question in my response. IfI've not, please let me know. COMMISSIONER HILLER: No, I think that's a very fair analysis. Can you explain how AshBritt was selected over the other firms? MR. DeLONY: Yes, ma'am, I'm going to turn to Steve Carnell because he owns that process. Because this procurement process did indeed come up with not just AshBritt -- and let me be clear on that. This is the sequence of events with regard to the request for proposal, Mr. Carnell, and I'll let you take it from there. MR. CARNELL: For the record, Steve Carnell, Purchasing General Services Director. We had a, as you saw, a very robust competition with 13 responses. And to answer your question directly, the firms were rated on a multiple criteria as we typically do with a public RFP. And the -- I can just take you briefly through the criteria. They were asked to submit a business plan in terms of how they would mobilize and provide logistical service to us, and that was 35 percent of the rating. Cost was 15 percent of the rating. And then in addition to that their experience and capacity of the firm related to this type of work was 20 points in the factors. And they also, I had a separate category for specialization, for specialized team members or special sub- Page 149 May 24, 2011 consultants, might be anything like a HAZMA T responder. They got 10 points -- rated up to 10 points on that. And then the balance of it was their references, their actual hard core experience. They were scored one to 20 on that criterion. So we took those. Each committee member scored, and then their scores they turned into rankings. So everybody ranked each of the competitors one to 13. And those rankings were then compiled. And that information is in your back-up. And that's how we arrived at the order. COMMISSIONER HILLER: Got it. Thank you. MR. DeLONY: At the end of the day, and in the process that was so correctly described by Steve, we came up with three recommendations for the Board to consider in terms of these services. And then subsequently we're making a second recommendation that the number one rated firm be the lead-off hitter, for lack ofa better term, for this upcoming storm season. We have found it to be very advantageous for the county to designate about this time of year every year that lead-off hitter, because they could participate with county staff at their expense in any preparation or any advance training or interfaces we would do as county staff or with emergency management operations or whatever. It's really worked very well to do this. I believe this is the fifth year we've done this, this exact same procedure. So we know who our first guess is. So in this case we're recommending AshBritt, which was the number one ranked firm of the 13 firms that responded when the committee got through. These were your top three. And if we have a large storm, AshBritt first, Crowder Gulf second, Tag third in terms of the order of negotiation to arrive at the right set of resources and responses to our needs with regard to debris or any other services that are under this contract. It doesn't say that we're just going to work with AshBritt. If AshBritt can't meet it, we'll go to the next one or the next one to find Page 150 May 24, 2011 that right mix of resources and help. Because as you know, it's where those resources are and their response capabilities could be very different, based on how much commitment AshBritt or Crowder Gulf or Tag has committed to other disasters or what they're ready to posture at the time of the event. COMMISSIONER HILLER: Could we ever be in a situation where for example all three are committed elsewhere and we don't have anybody? I mean, is -- MR. DeLONY: That would be unlikely, but potentially. And that's critical that we have the contractual vehicles here in place clearly establishing those boundary conditions with those prices so we can flex to someone else. And so we have that capability. Three is probably about the right number. I would think that three would be the right number. If we were to -- we could certainly put more on this list, if it's necessary or we could go to some type of exigent contracting situation in the face of that situation. But it's my recommendation three is probably as optimal as we need to be at this stage of the game. COMMISSIONER HILLER: And we don't want to have a contractual provision that protects us by requiring them to respond to us over anyone else? I mean, basically what I'm hearing you say is that they have simultaneous contracts? MR. DeLONY: No, you literally contract one at a time or multiple, depending on the nature of the event if you needed multiple capabilities. COMMISSIONER HILLER: No, I'm thinking about AshBritt having multiple contracts that basically could take care -- MR. DeLONY: You're talking about exclusive contract. COMMISSIONER HILLER: Right, essentially that's what I'm -- MR. DeLONY: We do not have an exclusive clause in our contract. And that would be very expensive, and outside bounds quite frankly, of what we most probably -- I'm not saying we couldn't get Page 151 May 24,2011 reimbursed for that, but that's a very problematic situation in my view. What we have here is it works very well. All the terms, conditions of contract and the solicitation process, may I say, were reviewed in detail by the folks at FEMA region four in Atlanta and our state EM folks. And we stay in touch with this. This is something we don't just wait until storm season, we keep this going -- Linda Best Jackson, if you would stand up. Linda just got back from last week's hurricane conference with the Governor's Hurricane Conference, where she was tuned up and looked at that. I think they found that we're doing just fine down here, right? MS. BEST: Linda Jackson Best. We're one of the only countries in the state where we're actually having FEMA review our scope of work as well as state prior to solicitation. COMMISSIONER HILLER: That's smart. That's very clever. MS. BEST: Yes, so we're doing it all right. COMMISSIONER HILLER: What's the hurricane forecast? MR. DeLONY: Not good. COMMISSIONER HILLER: Really? MR. DeLONY: No, not good. I don't talk to that. There's only one guy in the room that speaks to weather and he's back in the corner. I'll let him take that. COMMISSIONER HENNING: It has nothing to do with the item on the agenda. CHAIRMAN COYLE: Right. COMMISSIONER HILLER: Yeah, we should have -- CHAIRMAN COYLE: He is not permitted to talk about this. COMMISSIONER HILLER: You are. MR. DeLONY: Ma'am, is there anything, other questions that you have? COMMISSIONER HILLER: No, I think that's great. Page 152 May 24, 2011 I appreciate your presentation, and that clarified questions I've had since yesterday. Thank you. CHAIRMAN COYLE: Okay, is there a motion? COMMISSIONER HENNING: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by -- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: -- Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. COMMISSIONER HILLER: I would like to hear from Mr. Summers, just a brief summary of, you know, what hurricanes we are expecting -- CHAIRMAN COYLE: Put him on the clock. Put him on the clock, it's three minutes. MR. SUMMERS: For the record, Dan Summers, Director of the Bureau of Emergency Services and Emergency Management. The forecast is bad. Do you have any questions? No, it is, it is -- no, ma'am, seriously, it is 16, nine and five, depending on which forecaster you use. Sixteen tropical storms, nine hurricanes, three to five of those might be major. It will be -- we are in the peak of -- basically a 10 to 20-year cycle if you look at it historically. There's also a relatively neutral La Nina and El Nino this year, so it only takes, as I say, religiously it only takes one storm to impact your life, and we're working hard to be Page 153 May 24,2011 prepared for that. COMMISSIONER HILLER: That's great. Thank you for your update. COMMISSIONER FIALA: That was a great question. And you know, I'm writing a column now to let everybody know it's time to prepare for hurricanes. You know, I write one every year. But I was wondering if you are submitting anything or releasing anything to the newspaper to talk about what -- you know, what the forecasts are and what La Nina means and -- yeah, La Nina and El Nino mean and how they can collide with one another. MR. SUMMERS: Ma'am, I don't typically make a release because I can't compete with the Weather Channel and 6:00 news that typically cover the story in great depth. We'll continue as we normally do our hurricane seminars. We have an enormous number of speaking engagements already to various groups and organizations. In fact, I'm not really sure how we're going to fill the bill this summer with the requests that we've had. But we will put that out. We also update our forecast all on our website with all of the current discussion that is out there. So we will announce our -- and as you know, we do some community seminars as well. We usually do that a little later in the season and we'll announce those. We do those at various high schools throughout the county. So we'll get that information out but I have not published anything formally yet because the commercial media has managed that pretty well. CHAIRMAN COYLE: He gets three minutes. MR. SUMMERS: Thank you, sir. CHAIRMAN COYLE: Thank you. I think that brings us to - Item #14 PUBLIC COMMENTS ON GENERAL TOPICS Page 154 May 24, 2011 MR. OCHS: Public comments. CHAIRMAN COYLE: Public comments. Well, Mr. Billington has left so there can't be any public speakers. MR. MITCHELL: Yes, sir, there is. The first speaker is Jerry Blocker. MR. JOHNS: I'm going to go in front of Jerry. My name is Randy Johns. I just wanted to put it on the record today that we don't support the Immokalee Area Master Plan as it is today. We feel it's incomplete. Thank you. MR. MITCHELL: Sir, the next speaker will be Jerry Blocker. MR. BLOCKER: I'll pass. CHAIRMAN COYLE: He waives? MR. MITCHELL: He's waived. CHAIRMAN COYLE: Okay, anything? Correspondence, communication? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Yes, sir, couple of quick items. First one is to just get confirmation from the Board that you intend to follow your longstanding calendar of BCC meetings for July and August, that being only one meeting in July when you adopt your tentative millage rate on the 26th of July and then no meetings, no regular meetings in August. Am I seeing -- Commissioner Henning wants to come in every Tuesday. COMMISSIONER HENNING: No, I want to move it. CHAIRMAN COYLE: Standard schedule. Leave it alone. COMMISSIONER HENNING: I want to move it up a little, like Page 155 May 24, 2011 a week. COMMISSIONER HILLER: What's that? Move what up? COMMISSIONER HENNING: Move up the July meeting a week. I'd miss staff if I went on too long -- did happen last year. CHAIRMAN COYLE: He can come in a week early, ifhe wishes. COMMISSIONER COLETTA: Sure, start it early. MR.OCHS: Moving right along. That was such a smash. Next item is again just to try to give the Board some assurance that minutes are in fact being taken from your advisory board meetings and they are being recorded. We're going to work harder to get them recorded faster with the Clerk. But the normal process is either they're verbatim minutes or a staff liaison takes summary minutes. Those meeting minutes are then composed and sent up to Mr. Mitchell's Office, they're reviewed and then they ultimately get filed with the Clerk. I'll just show you an example of a recent filing that was on your agenda under miscellaneous correspondence on April the 26th. You can see that there's about three pages worth of meeting minutes from all types of different advisory boards. All these are again routinely brought to Mr. Mitchell and then on to the Clerk for filing under miscellaneous correspondence on your agenda. So I just didn't want the Board to think that those weren't being filed. They're not being filed perhaps as timely as we could and we'll work on that. COMMISSIONER HENNING: Maybe I need it clarified. I haven't seen the East of 951 Horizon minutes in the folders that we get. You haven't seen them either? MR. MITCHELL: No, sir, we actually are using the Chairman's aide. We keep a spreadsheet which shows all the advisory boards, and we notate when we receive them. They come into the office, we stamp them with all commissioners' initials, and then they go into your Page 156 May 24, 2011 circulation files. But we do keep a spreadsheet showing when we got it. And after you've reviewed them then we send them to the Clerk's Office for recording. They go onto the agenda as miscellaneous correspondence. MR. OCHS: Commissioner, you're correct-- COMMISSIONER HENNING: I read them and sign them, you don't. MR. MITCHELL: Yes, sir. COMMISSIONER HENNING: What happens to the others, I don't know. MR. MITCHELL: But we -- speaking with the County Manager and also with Patricia Morgan from the Clerk's Office, we feel that we need to -- I need to work on a process with Patricia to make sure that rather than just being absorbed into miscellaneous correspondence they go in actually under advisory board minutes. Because for a constituent who is then searching for them -- because they go in say a month, two months later, you know, they could be searching a lot of minutes. So we're going to try and tighten that up so they're more identifiable. MR. OCHS: Commissioners, the third item that I have is just a brief reminder that you're meeting again tomorrow morning with the Collier County School Board members from 9:00 to 11 :00, a joint meeting in this room tomorrow morning. Fourth item, Commissioners, just to tell you that had a little bit of unusual circumstance last week. We were doing part of our regular routine road overlay program. And typically when we're overlaying a road where we have speed bumps we take those out so we can get a smooth overlay and then put them back in. Well, we took them out, did the overlay, and then we had the folks on Napa Woods Way tell us that there was a majority of them that didn't favor the speed humps going back in. We're going to go ahead and try to confirm that. We have seen a Page 157 May 24,2011 petition that appears to represent a majority of the people on that street. But if in fact if that's verifiable, we'll put that back on your consent agenda and move forward with that. I just wanted to provide that as a heads up. And then the last thing I have is just to -- on a personal note and on behalf of the County Manager's office and the entire staff, we want to truly thank Jim DeLony for his outstanding service to the county over these last 10 years. (Applause.) CHAIRMAN COYLE: Speech, speech, speech. COMMISSIONER COLETTA: Speech, speech. COMMISSIONER HENNING: It's not on the agenda. MR. OCHS: That's right, not on the agenda, sorry. MR. DeLONY: Mr. Henning says three minutes. Thank you. CHAIRMAN COYLE: Thank you, that's enough. MR. DeLONY: That's it. I'll be back. This is my home. I'm going to go away for a year and do something that I think that I've always wanted to do since I left the Army, is to be back in the company of soldiers and have an opportunity to twist the stick in the bad guys' eye. And this opportunity has fallen in my lap and I'm going to take it. But I leave here with great regrets with regard to not being -- continue to be a part of a great team that's led by our great County Manager. I serve with great Americans every day. My staff has been wonderful. We have formed and normed and stormed appropriately to where I believe we've got it all done to the very best of our abilities. But the Navy Seals say that the only easy day was yesterday. So in Public Utilities, that's really our motto. We know that we have to make it right every day. And to the professionals that do that. To my colleagues, the other administrators and their staffs, particularly those that are in our enabling departments of personnel Page 158 May 24, 2011 and purchasing and resource management and all the other things that make this place work, facilities and so on, real estate, fleet, you just don't know the things they do on an incremental basis that just make it all happen. We know we're in a very tough spot right now with this budget. You have awesome, awesome decisions to come. But I do know this; that this is the very best place in America to live. COMMISSIONER HENNING: Absolutely. MR. DeLONY: And we as a team, and I speak as -- if! may, Leo, our agency, as well as the Board that sits there today, we can make this happen. We've got to work together as we always have. I mean, I think about Wilma, I think about Charlie. I think about no water, I think about no sewer, I think about no landfill. All of those no's have been yes's in a very short period of time. Did we get it right every time? No. Did we learn? Yes. Did we adapt and overcome? Absolutely. So for that, thank you for letting me learn with you and grow with you. Thank you for giving me the authority and the responsibility commensurate to that, to the mission that you've given me. You've given me both. And my staff is -- work as hard as they can. They appreciate it too. So with that I bid a fond adieu and God speed to each one of you. We are keeping our home here. Jennifer will remain in town and I'll be back as a member of our community very soon. And I had an e-mail today from one of our former administrators, Joe Schmitt. He's in Kabul. He sends his regards. He asks, are there tears of sorrow or tears of joy? Which is it, Jim? Because he knew today would be my last day. So I think I've got a little bit of both, I think. I've got great sorrow in leaving behind what we've done and a great joy in the days ahead. But I will leave you with this truth. We can do this together. We will continue to make this the best place to live. And I thank you for this opportunity to speak, County Manager Page 159 May 24, 2011 and Mr. Chair. And I believe I'm exactly at three minutes, Mr. Henning, so I know that you'll appreciate that as well. Thank you very much. CHAIRMAN COYLE: Thank you. You've done a great job. Thank you. (Applause.) CHAIRMAN COYLE: Bring me a Saracen's head. MR.OCHS: That's all I have, sir. CHAIRMAN COYLE: Okay, County Attorney. MR. KLA TZKOW: That's a hard act to follow, but I do have one matter. As some of you know, or all of you may know by now, we've had mediation in our Vanderbilt Beach Road construction case. And we've been asked to have a shade session with you to discuss that, whether or not you want to take this settlement offer. So this is a notice of a closed attorney-client session. I'm here-by giving notice that pursuant to Section 286.0118 of the Florida Statutes the desire of the advice from the County Commissioners in a closed attorney-client session on Tuesday June 14th, 2011. The session will be held for a time certain 12:00 noon in the commission conference room, third floor, this building. In addition to the Board members, County Manager Leo Ochs, myself, and Litigation Section Chief Jacqueline W. Hubbard will be in attendance. The Board in executive session will discuss strategy session linked to the settlement negotiations in the pending case of KER Enterprises, Incorporated doing business as Armadillo Underground versus AP AC Southeast, pending in the Collier County Courthouse, Case No. 08-3496. And again, that will be at lunchtime for the next meeting. CHAIRMAN COYLE: Thank you. Ian, you have something? MR. MITCHELL: Yes, sir. The first thing is with reference to Page 160 May 24, 2011 Item 9(A), the backup, as pointed out by Commissioner Fiala, I'm introducing some more documents into the public record to clarify the comments that Commissioner Fiala made. And with regards to your charge earlier today, there is a press release going out tomorrow for vacancies on Collier County advisory boards. The Affordable Housing Advisory Committee has two vacancies. One is for a labor active in-home building and one is for an alternate. And I should mention that one of those members needs to live in Immokalee. The Black Affairs Advisory Board has four vacancies. The Collier County Code Enforcement Board has one vacancy. The Environmental Advisory Council has one vacancy for a nontechnical member. The Golden Gate Estates Land Trust Committee has one vacancy. And the Hispanic Affairs Advisory Committee has two terms that are vacant. And the Land Acquisition Advisory Committee has a vacancy for a term expiring in February, 2013. And Ochopee Fire Control District Advisory Committee has a vacancy, and that's someone who must live in the fire control district. Those are the current vacancies and they will be visible online tomorrow. And there are copies in our office, if anybody wants them. Thank you. CHAIRMAN COYLE: Okay, Commissioner Hiller? COMMISSIONER HILLER: Yeah, I have several items. To begin, I received a great deal of information both from staff and from the Blockers' attorney that I'd like to introduce into the record for everybody to read. One letter from the attorney representing the Blockers I think very clearly summarizes that some of the representations made by the Board against the Blockers at the last hearing were very wrong. And I'm actually very concerned about the allegations made in light of the facts. And I'm not going to read the entire letter, because it will be a matter of public record. So, you know, the public is welcome to peruse the official records. Page 161 May 24,2011 But I do want to highlight one of the points made and that is there was an allegation made that their property rose to the level of slum conditions and that the county had -- attempts by the county had been made to get the Blockers to clean it up. And I just want to read this one paragraph. The Blockers have never received a conditions of violation notice from Collier County. Rather, four years after their purchase they were cited for an alleged zoning issue, not conditions. And so I think that's a very important thing for people to understand when they hear this discussion about the Blockers. The county went ahead and prepared a package of information summarizing their perspective of some of the salient points throughout the history of this very long issue. And one of the things that I will say when I read the Judge's ruling, the Judge's -- Judge Hayes' ruling, I was very concerned, because his ruling was based on an assumption that the facts as presented were true, when in fact not all of them were. As an example, the claim that there was a junkyard next to this property as a legal permitted use, and that really, you know, wasn't the case. So I'm going to introduce this into the record for the benefit of whoever would like to read it. What I also learned is that in fact there is a map from 1952 that supports the legal use of that property and that staff was in possession of that map. I've made a public records request for that map from staff. And that for whatever reason that information, that map was withheld from the Blockers throughout all these legal proceedings. And it is material to their defense. So I would like a copy of all 1952 maps that relate to that issue. The second thing that I'd like to address is something that happened at the last meeting as well, and that relates to the approval by this board of the A TV settlement. We have an ordinance that requires that ifthere's an item that is not on the posted agenda, the Page 162 May 24, 2011 Board has to take a vote. And that is actually not a series of three nods but an actual vote where, you know, the ayes and nays are recorded. And then take action. And that didn't happen. And I asked the County Attorney about that and his response was implicit consent. Well, I don't know what the rule of implicit consent means. And we have a very clear ordinance on our books, so I'd like some clarification on that. Because these laws are made to be followed by all of us. And obviously there's a fundamental unfairness and problems when you don't follow those rules. So I really have a concern that, you know, we didn't do the right thing when we approved this settlement agreement, which I didn't accept, by the way. So I'd like an explanation on that. And why -- how we can overstep our own ordinance. MR. KLATZKOW: Whoops, wrong one. I'm sorry, so many questions, I got the wrong one there. COMMISSIONER HILLER: That's okay, because that's my next question, so we can go to that one after. MR. KLATZKOW: Okay, my response to you is as follows. Let me see if I can find it in my sent box so I can get this accurate, Commissioner. CHAIRMAN COYLE: Can you provide the response at the next meeting? MR. KLATZKOW: No, I have it. I just --like I said there were a number of questions and I'm going through some of the responses now. But I can't quite find it. What I said was this: The ordinance really goes to adding to the agenda. When the Board during the communications portion elected to hear the matter, they implicitly consented to hear the matter, all right, nobody said wait a second, we don't want to hear this matter. And then by -- when the Board voted on the matter, the Board expressly consented to hear the matter. There was no time to put this Page 163 May 24, 2011 on the agenda because the offer came in after the publication. We could not have a shade session because we had a canal maintenance agreement that was expiring June 1 st. The issue as to whether or not to take the settlement offer had to be that day. There was no opportunity to do it any other day. I don't know how else to get such a matter before the Board but on communications. The Board has a history of during communications bringing up items, some of which had been action items over the course of time. I don't know what to say, that's just been the Board's custom. That's what we did in our communications. If the Board wants to reserve communications for non-action matters, that would be fine. That would be the will of the Board and we can change our practices. But that's just what we do. Now, the Board voted on this. The settlement has been agreed to. If anyone ofthe three members who voted for it wanted to reconsider it and bring it back, we could do that. But at this point in time unless I get the motion for reconsideration, I don't know what else to say, it's a done deal. COMMISSIONER HILLER: Well, let me address the point I'm making. The ordinance that requires a 3-2 or a majority vote, I should say, to allow a vote to be taken as a separate action when an item is not on the agenda came about exactly for the reason that you're describing, that things would come up under Commissioner communications where there was no notice to the public. And so -- and no notice to the other Commissioners. And thereby to protect the interests of those who didn't have notice, a vote was required to ensure that it was acceptable to the majority to move forward with a vote on the item that was non-agenda'd. The simple collusion to your situation as you describe it is if you had asked this Commission to vote whether or not they were prepared to offer a settlement. And while I understand there was a time Page 164 May 24,2011 constraint, you know, it is the law and it was a simple procedure to follow and does ensure there is, you know, majority approval to take the next step. I mention it for the future, because I think it is important that this Board does have a say as to whether or not they do want to take action on non-agenda'd items, no matter what heading they come under, whether it's communications or otherwise. The next thing that I'd like -- MR. KLATZKOW: Well, Commissioner, to be fair, before the meeting I gave each of you notice that I was bringing up this issue, all right. I could not do that as part of the published agenda. COMMISSIONER HILLER: I understand. MR. KLATZKOW: But I did give each and every one of you notice that during communications I would be bringing this up, and I didn't get any objections to this, ma'am. So it's not like this was sprung on anybody. COMMISSIONER HILLER: No, but it is sprung on the public. And the public didn't know about it and the public -- MR. KLATZKOW: It doesn't matter, ma'am, because during a shade session the Board goes back there, you make a decision and then you simply come out of a shade session in a litigation matter and then give me direction. We do not take public comment and public discourse on a litigation settlement. As to whether the public, you know, knew or did not know is irrelevant. The public does not have a right to come to the Board and discuss the issue of a settlement, that's between the Board and the County Attorney with the County Manager present. We don't talk litigation matters -- COMMISSIONER HILLER: We still have an ordinance that requires a procedure. That procedure was not respected. And I'd like to ensure that it is respected prospectively. And it could have been done and still satisfied your objective of having this voted on in the Page 165 May 24,2011 manner in which you chose to do it. MR. KLATZKOW: I respectfully disagree with your interpretation. COMMISSIONER HILLER: That's fine, and that's perfectly all right. The next thing is we passed an ordinance that you and the members of this board assured the public would not have the effect of the censorship that in fact it has proven to have. As an example, today, and I'm specifically referring to 2011-17 which is the ordinance basically saying that documents, information and materials will not be accepted by the Board following publication of the agenda, with the additional wording being, you know, unless there is a waiver to accept such information by a majority vote of those present. We were assured that this would not block information and that a vote would not be required to accept information. And today the opposite happened. And I will also say that -- MR. KLATZKOW: What item are you referring to? Everything was submitted, ma'am. COMMISSIONER HILLER: Well, that's the issue. The Board actually voted -- and that was the other thing actually, if! may say, is that the Board not only -- there's a requirement that there be a majority vote to accept additional information once the agenda is presented -- MR. KLATZKOW: Are you referring to Gina Downs? COMMISSIONER HILLER: Yes. MR. KLA TZKOW: Okay, what happened there, ma'am, is you didn't want the information to be presented. COMMISSIONER HILLER: Without a vote. MR. KLA TZKOW: So I don't understand the issue. And the reason I gave the answer I gave was because -- COMMISSIONER HILLER: Without a vote, because that's what the law says. Page 166 May 24,2011 MR. KLATZKOW: -- the executive summary specifically referred to the Productivity Committee. So the Productivity Committee was tied into staff. It should have been part of the agenda, I agree. The ordinance said the Board can either continue it at that point in time or then can accept it. The Board accepted it. COMMISSIONER HILLER: That's my point. And there's two points to that. The first point is, is that without the board's acceptance that information is not -- CHAIRMAN COYLE: The Board accepted it, Commissioner Hiller. The majority of the Board accepted it. I asked if the Board wanted to hear it and the Board said yes. COMMISSIONER HILLER: That's not my point. The point is, is that Board approval is required to accept additional information. The second point is -- MR. KLATZKOW: Only when-- COMMISSIONER HILLER: -- a majority vote is a vote, and three nods doesn't constitute a vote. I really think that we have to respect the ordinance again. And if it's a three-man vote, it should be a three-man vote, not nods. I don't think that's the intent of the ordinance. The last thing is -- CHAIRMAN COYLE: Just a minute, Commissioner Hiller. It wasn't just nods, I specifically asked individual Commissioners, how do you feel, do you want to hear this. And they each said yes. So there was a vote. COMMISSIONER HILLER: I heard we have three nods. Okay. I didn't hear individual, you know, 3-2. CHAIRMAN COYLE: Let me ask a question. Commissioner Fiala, did you say you'd like to hear it? COMMISSIONER FIALA: Yes, I did. CHAIRMAN COYLE: Did you say you'd like to hear it? COMMISSIONER COLETTA: Yes. Page 167 May 24, 2011 CHAIRMAN COYLE: And Commissioner Henning originally said, I think, that he did not want to hear it. COMMISSIONER HENNING: The issue is the ordinance says take a vote, not a consensus. What you're -- that's the issue. COMMISSIONER HILLER: That's exactly right. CHAIRMAN COYLE: Give me a break. COMMISSIONER HILLER: No, it's a material -- COMMISSIONER FIALA: You know, we've always done nods before just for 11 years, but if she doesn't want nods -- CHAIRMAN COYLE: This is nothing but obfuscation. COMMISSIONER HILLER: No, it's not. It is what it is. Ifwe want to change it to consensus, that works. But that's not what it says. Anyway, it does show that this is an ordinance intended to censor. And it does censor by majority vote either being granted or not. The last point is something I'd like to raise with respect to what happened today. Commissioner Coyle, I listened to how you spoke to the public speakers, and basically where they disagreed with you, you considered their position wrong and political. And I really think that that goes to an attempt to chill these people's right to freely express themselves. And, you know, it would have the effect of keeping the public away from these podiums for fear of being labeled as you labeled these gentlemen today. So I would really ask that you not do that. I don't believe that these gentlemen were political in any way. I believe that they had very well thought out comments. And I valued their input. In fact, I benefited from their contribution. So I'd like to thank them for the time they took out of their lives to -- their daily life to come here and volunteer their insight and help us make better decisions for the benefit of everyone in Collier County. CHAIRMAN COYLE: Okay. Are you finished? I will respond to two things. One, you said that the ordinance Page 168 May 24, 2011 that we talked about about the late submission of backup material in fact does work to censor information being presented to us. And as I pointed out the first time that we debated that, that is absolutely untrue, and you continue to misrepresent the ordinance and not even read it properly. The ordinance says that by majority vote we can vote to accept the material or by majority vote we can opt to continue the item so that the material can be contained in the packet and we'll debate it at a future meeting. There is nothing about the ordinance that says by majority vote we can suppress the information. COMMISSIONER HILLER: No, it's by no vote. CHAIRMAN COYLE: The ordinance is very clear. The County Attorney has issued his opinion on that. And no matter how many times you bring it up and try to change its meaning, you're still wrong. Now, with respect to the people who spoke earlier today, there is no one who knows those individuals who doesn't understand exactly what's going on here. They're using the public comment process to wage a political campaign. And they're doing it very specifically on issues that they want to establish as the backbone of their attempt to win election to the Board of County Commissioners. And we all know that. I think the public should know that. So I think it's in the interest of transparency, it is important that people understand why individuals keep coming to the public forum time and time and time again, saying things that are self-serving and political in nature, and in most cases that are not true. So I think it's appropriate that we spend our time talking about that. With respect to the way I address those people, you will recall several months back when you cross-examined virtually every person who got up to speak against an item that was -- that you disagreed with -- COMMISSIONER HILLER: Which one? CHAIRMAN COYLE: I don't remember what it was, but you Page 169 May 24, 2011 were cross-examining individuals, including the Board of the Women's -- COMMISSIONER HILLER: You're talking about the quasi-judicial hearing when people were giving testimony under oath for the COPCN? CHAIRMAN COYLE: No, no, that wasn't it, no. But the point is that it is sometimes appropriate for us to ask questions if we really want to get to the truth. And when people get up and make comments that are purely political and self-serving, I think any of us have the right to question them about their statements. Now, let's go back to some statements that you made about the Blockers. And you made allegations that the staff has, I guess, intentionally withheld information, the County Attorney has misrepresented the case and is wrong. I would like to make my own request. I'm not going to let those kinds of comments go by. You just don't get away with that with me. So I would like to ask that the County Attorney and the County Manager respond specifically to each of those allegations, and I'd like to have their reports the next time. COMMISSIONER HENNING: I thought we were going to limit how much time staff spends with a Commissioner. CHAIRMAN COYLE: Are you trying to keep us from getting accurate answers to Commissioner Hiller's questions? COMMISSIONER HENNING: The majority wants to limit the time Commissioners spend with staff, which is unlawful. CHAIRMAN COYLE: Well, that's your opinion, okay. COMMISSIONER HENNING: That's what the guidance was. CHAIRMAN COYLE: That's what you believe the law says. If the law in fact says that, I'm willing to be governed by it. But I'm not sure I agree with what you're saying. COMMISSIONER COLETTA: I need to make a comment. CHAIRMAN COYLE: Okay. Yeah, I'm not -- the question heret Page 170 May 24,2011 is that Commissioner Hiller continually makes allegations accusing people of doing things that are in most cases absolutely untrue. And unless we pin her down on these things, it will continue every single meeting. So my intent is to get to the truth. If she is right on these things, then I will support her. If she is wrong on these things, I want the public to know that she is wrong on these things. Okay? So let's see if we can't get to the truth. COMMISSIONER COLETTA: If I could, sir? CHAIRMAN COYLE: Yes. COMMISSIONER COLETTA: Thank you. What my suggestion was earlier to have the County Attorney come back on is we have a limited amount of staff time that we can individually ask for. Anything more would have to come before this Commission for direction from three Commissioners or more to make sure that the resource is used wisely. We're at a meeting right now. I think at this point in time if we need to take a vote on it, we can do so. COMMISSIONER HENNING: You already did. CHAIRMAN COYLE: No, I don't think we have. COMMISSIONER HENNING: Oh, a consensus. CHAIRMAN COYLE: No, no, I don't think we have. COMMISSIONER HENNING: The three of you wanted to do it. CHAIRMAN COYLE: If three people want it-- COMMISSIONER HILLER: Didn't we have three nods -- CHAIRMAN COYLE: Then we can ask -- COMMISSIONER HILLER: Like the bobbing heads in the back of cars? COMMISSIONER COLETTA: I'll make an official motion to try to cut to the chase here, that we follow Commissioner Coyle's suggestion and so direct staff to provide us with the documentation that will prove one way or another that the allegations that Page 171 May 24,2011 Commissioner Hiller is bringing forward are either correct or incorrect. CHAIRMAN COYLE: And please go back to the minutes and get exact statements concerning the allegations, okay? All in favor -- I'll second the motion. All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign? COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Motion passes 3-2, with Commissioner Henning and Commissioner Hiller dissenting. I hope that's all I've got to say about that. It's your turn now. COMMISSIONER FIALA: I'd like to talk about something positive, because this kind of talk makes me sick to my stomach. So I'd like to say first of all, Sue makes a great cheesecake. She's my aide and she baked a cheesecake for DeLony and his staff and let us have some too. So that's a positive. Another positive to the two guys over there that have to put up with all of this, our County Manager and Assistant Manager, Leo and Mike. Thank you for all you do. I really appreciate all your support, all your guidance. It's good, it's great. I want to thank our staff. We have such dedicated staff and they're never recognized. They're always just swept to the side. And I want to say that even though we don't see them here in the meetings, we know how hard they work behind the scenes, how much of an effort they put forward to make us look good in the end. We reap the benefits from all of their hard work, their research and their dedication. And I just want to thank them too. And lastly, a big thank you to DeLony over there. We're going Page 172 May 24, 2011 to miss you. And you're cool. CHAIRMAN COYLE: Keep your head down and move fast. MR. DeLONY: Keep it on a swivel, right. COMMISSIONER COLETTA: Afghanistan's got to be a cake walk after this place. CHAIRMAN COYLE: He's taking the easy way out. COMMISSIONER COLETTA: Yeah, you are. I think you've got a couple of people that would like to go with you. I have two items that I'd like to discuss with you. Hopefully I didn't bury it too deep. One of them has to deal with one of our favorite places, that that's Chokoloskee. Remember Smallwood Store and all that? Well, I don't want to talk to you about Smallwood Store. Let's see if! can find what I want just for a minute. I get so engrossed in the conversation that takes place here sometimes I lose my place. So bear with me just a second as I dig it out again. We have an issue in Chokoloskee regarding, excuse me, it might sound trivial but it's not to the people that live there. It has to do with their access to the water and their right to be able to reasonably harvest. CHAIRMAN COYLE: It's Everglades too, isn't it? COMMISSIONER COLETTA: Well, that too. Wouldn't you know it, the darn letter happened to disappear at the darnedest moment. Bear with me just one second. CHAIRMAN COYLE: You and the County Attorney are going to have to get together -- COMMISSIONER COLETTA: Yeah, I guess so. I think he got here to my desk before I did. COMMISSIONER FIALA: Start with Henning and come back to him. CHAIRMAN COYLE: Commissioner Henning, you want to go next -- COMMISSIONER COLETTA: Yeah, let him go first, and I'll Page 173 May 24, 2011 come back to that. In fact, he might be able to offer some guidance. COMMISSIONER HENNING: Yeah, Mr. DeLony, if you find it kind enough to keep us informed of what you're doing over there, I think that we would all be interested. Of course that's your private life. But I personally would be interested in what's going on. The second thing is the public speakers now have political agendas? I know that they stayed on the topic. So Commissioner Coyle, can you provide a look at the minutes of the meeting and provide what statements that they made that were political? I really have concerns of elected officials trying to stifle the public when they want to speak on an item, and specifically on the agenda different than commissioners. It is very concerning. And I remember a statement that Barney Frank made to his constituents, you're dumber than this table. Talking to you is like talking to this table. I don't want this meeting to turn out like that. Their comments were on point, didn't mention about I'm a candidate, didn't mention I'm here for a fundraiser, didn't mention anything about a political race. So maybe you can provide that in writing which comment they made was political. CHAIRMAN COYLE: Well, no, I'm not. Because as you pointed out before it's great that we all have opinions. So I'm not going to justify my opinion to you. But you know as well as I do what they're doing. In fact, you know better than I do. COMMISSIONER HENNING: That's your opinion. CHAIRMAN COYLE: That's correct. COMMISSIONER HENNING: That's your opinion, it's not mine. I have a different view on the public. I think they should be respected, especially we are deemed as public servants. CHAIRMAN COYLE: Good. You finished? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Okay, have you-- Page 174 May 24,2011 COMMISSIONER HILLER: Can I comment? CHAIRMAN COYLE: Do you want me to tell you what Sammy Hamilton said in his letter? COMMISSIONER COLETTA: I can tell you what I just heard from Kenny Brown and his attorney. This has to do with an issue where they shut down the snook fishing about a year ago and they're planning to continue it. They're going to be making a decision in September whether to continue the ban of being able to harvest snook. Now, it might sound like a minor issue to some people, but when your livelihood depends on being able to take a customer out, and with a reasonable expectation to be able to harvest one fish, when that goes away, the customers do too. They've seen a decrease of about 75 percent in their return rate for fishermen to come back for the charters and the rentals and all that. Business is at an all-time low. What I would like this Board to do is to direct the Chair to simply write a letter to the State Fish and Wildlife Commission just stating that when they make their decision to keep in mind the human element that exists within Chokoloskee and Everglades City regarding the ability to be able to harvest a limited number of fish. And not making a commitment. We're not scientists, we can't substantiate the fact that there's enough fish or there isn't. But if it's on the tipping point to go one way or the other, this might make the difference. COMMISSIONER HENNING: Can I give you a little bit more information on what he's talking about? Two years ago there was a freeze in Southwest Florida and there was a lot of fishkill. They banned snook, being able to keep a snook not just in Everglades and Chokoloskee. It was all over -- COMMISSIONER FIALA: Can I ask you, when you say not keep, does that mean they could catch them but then throw them back? COMMISSIONER HENNING: Yes, it's catch and release, yes. I think that's what he's saying. I know there's fishing guides all Page 175 May 24, 2011 over Collier County from the north end down to the south end. I don't know how that affects them. I don't know if people go out there to harvest snook or -- I know I do -- or fishing guides take people out there for the experience. CHAIRMAN COYLE: There was another issue that I saw, Mayor Hamilton wrote a letter. COMMISSIONER HENNING: Submerged land lease. CHAIRMAN COYLE: Yeah, that's right. But it also has an impact on the fishing and the livelihood of people there. Because if they can't have their docks there, they don't have places to put their boats, and that impacts their livelihoods also. And I thought that was one of the things you were going to bring up. But it seems to me that we ought to address both of those issues. Because ifhe's going directly to the state, if we can offer him any assistance, I think we ought to do that. COMMISSIONER COLETTA: And the reason I didn't bring that up or have it on my agenda, is I'm waiting for Sammy to get back to give me permission to do so. But I see no problem with Sammy's direction that we write a letter of support. This has to do with the state's holdings in the waterways. They own the, what do you call it -- CHAIRMAN COYLE: Submerged lands. COMMISSIONER COLETTA: The submerged lands. And Everglades City has existed just about forever, and the state is coming back and saying -- CHAIRMAN COYLE: Before the lands were submerged. COMMISSIONER COLETTA: Right. So they're coming back now and saying that you're trespassing, you have no right to be there. And this would be an extreme disruption to Everglades City. I mean, they've already taken a big hit a number of years ago with the net ban. And then to put this on top of everything else, not only would it affect the -- what's left of the fishing industry but it would have a profound effect on the residents there that have docks, and also the Page 176 May 24,2011 tourism industry. COMMISSIONER FIALA: So let me just understand, the state is saying that Everglades City with whatever new thing that they're addressing is now trespassing when they have a dock in the water? CHAIRMAN COYLE: More than one dock, multiple docks. And they've been there for years and years and years, to the best of my knowledge. So if Mayor Hamilton needs help, I would encourage that maybe if Commissioner Coletta could flesh out the details and find out what kind of help is best and what should we -- what should we do to help him, I would appreciate that. COMMISSIONER COLETTA: Okay, I'd be more than happy to. I was waiting for a response back from him before I moved too quickly on it. But the other issue has to do with just asking the fish commission, the Fish and Wildlife Commission to be able to consider the human element and what would be the continuous loss of business and income when they make their decision. COMMISSIONER FIALA: Do we need to write a letter? COMMISSIONER COLETTA: That's what I'd like the Chair to do. CHAIRMAN COYLE: Can we -- COMMISSIONER COLETTA: I'll make a motion on that-- COMMISSIONER FIALA: As far as the snook fishing goes, you mean? COMMISSIONER COLETTA: To be able -- yes, to be able to not tell them to set the limit where they can take fish, but tell them to consider the human element when they make their decision. CHAIRMAN COYLE: The effect on the economy and people's COMMISSIONER COLETTA: Right, exactly, the whole thing, the whole part of it. CHAIRMAN COYLE: Okay, are there three nods? Page 177 May 24, 2011 COMMISSIONER HENNING: Well, I'll second that motion. COMMISSIONER COLETTA: Okay, thank you. CHAIRMAN COYLE: Okay, there's a second to the motion. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. COMMISSIONER COLETTA: I've got one more thing, sir. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER COLETTA: We recently had the $3 million settlement on the A TV issue. We now have the money in the bank. And what I'd like to do on the 28th is work with staff to come back to you with a proposal. Briefly what I'm thinking of is a 90-day discovery period whereby we can reach out to see what is available out there. And I've got a feeling it's going to be a little bit different than we encountered a couple of years ago because of the economy being the way it is. There may be possibilities that never existed before. I think if! could go into the last meeting, June 28th, the last meeting in June, that by then we'll have enough information together to be able to come up with a reasonable plan to be able to go forward with during the rest of the summer to do our discovery. CHAIRMAN COYLE: I'm aboard. So you're saying that you would be able to search around and maybe come up with some alternatives for the Board to consider by the end -- COMMISSIONER COLETTA: Alternatives, not sites. CHAIRMAN COYLE: Alternatives, okay. Page 178 May 24,2011 COMMISSIONER COLETTA: Just for alternatives we could look at. And I'd like to be able to work -- I know I could put the item on the agenda myself but I'd like to be able to get your permission to be able to use a limited amount of staff time to put it together. CHAIRMAN COYLE: As long as my questions get answered first. After that, you're okay. I don't have a problem with you-- COMMISSIONER HENNING: I don't know what he said. What alternatives is -- CHAIRMAN COYLE: I think that's what he's trying to do. COMMISSIONER HENNING: Buy a Wal-Mart building or, you know, a bicycle path to Alaska or -- what alternatives? Are you talking -- COMMISSIONER COLETTA: Leased land, purchased land. COMMISSIONER HENNING: Are you talking for A TV's? COMMISSIONER COLETTA: A TV's. COMMISSIONER HENNING: ATV's, okay. COMMISSIONER COLETTA: That's what the settlement was for. COMMISSIONER HENNING: I did not hear that. What I heard was alternatives for the use of the money. If it's for ATV's, I fully support that. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: Is there a motion there? COMMISSIONER COLETTA: Make a motion. COMMISSIONER HENNING: I'll make a motion that Commissioner Coletta puts an item on the agenda in the future to solicit alternatives for A TV use lands. COMMISSIONER COLETTA: And use staff time. You didn't say that. COMMISSIONER HENNING: He has aides. I use my aide. You got one of the best aides, and I -- COMMISSIONER FIALA: Second. Page 179 May 24, 2011 COMMISSIONER HENNING: And I sacrificed. But I'm really enjoying the aide that I have because -- COMMISSIONER COLETTA: My aide is extremely capable, but when it comes to something like this I need the expertise of some members of staff -- COMMISSIONER HENNING: But she doesn't speak Spanish. COMMISSIONER COLETTA: No, but I betcha she could learn in two days. So I got -- the motion I'm making, contrary to Commissioner Henning's. CHAIRMAN COYLE: Well, wait a minute, we didn't vote on his. COMMISSIONER FIALA: Well, I seconded it. You didn't want to -- CHAIRMAN COYLE: Are you going to withdraw your second? COMMISSIONER FIALA: Okay, what-- COMMISSIONER COLETTA: I want to use staff. He doesn't have it in his motion. COMMISSIONER FIALA: You mean you just wanted to add that to his motion. Would that be something you would consider to add to your motion? COMMISSIONER HENNING: Add that he use his aide too. COMMISSIONER FIALA: No, he means staff members as well. COMMISSIONER HENNING: That's what they're there for. The aides are there to assist the Board of Commissioners -- COMMISSIONER FIALA: No, staff members as well. Other staff members besides the aide -- COMMISSIONER HENNING: I said what I meant. The aides are there for our use. COMMISSIONER FIALA: I'll pull my second. CHAIRMAN COYLE: Motion dies for lack of a second. Is Page 180 May 24,2011 there another motion? COMMISSIONER COLETTA: Yes, I make a motion that we go forward, put together an agenda item with different alternatives for A TV use for this Commission to consider and to be able to use a limited amount of staff time to reach that objective. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: We have a motion and a second as stated. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. COMMISSIONER COLETTA: One other comment. I just have to say this because one of the things I believe in is the right of people to be able to speak their minds whether I agree with them or not. What we seen take place, you identified it correctly, it is politically motivated, but there is nothing wrong with what they're doing. It's completely within the law. As long as we know what it's all about, that's fine. It's their right to be able to be here, to express their opinion any way they want. And that's one of the things we're here to do is to protect that. But I appreciate the fact that you identified it for what it was. CHAIRMAN COYLE: That was the point, that nobody kept them from talking, and nobody will keep them from talking in the future. The point is that people need to understand what's going on here. And I think a lot of people were confused. But nevertheless, that's the way it works. Now, is there a motion to adjourn? Page 181 May 24,2011 COMMISSIONER HENNING: Motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to adjourn by Commissioner Henning, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Okay, we are adjourned. ***** ****Commissioner Coletta moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16Al FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR SOUTHWINDS MOBILE HOME PARK, 302 FILLMORE STREET, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE ANY UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT - THE WATER UTILITY IS CONNECTED BEYOND THE MASTER METER AND IS OWNED AND MAINTAINED BY THE OWNER Item #16A2 ACKNOWLEDGING THE V ACA TION OF THE 50-FOOT WIDE Page 182 May 24, 2011 TEMPORARY DRAINAGE EASEMENT AS SHOWN ON THE PLAT OF ITALIA AS RECORDED AT PLAT BOOK 47, PAGES 68 THROUGH 70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA - THE RECORDED TEMPORARY DRAINAGE EASEMENT THAT WAS REQUIRED OF THE DEVELOPER IS NO LONGER NEEDED AS THE IMPROVEMENTS HAVE BEEN COMPLETED Item # 16A3 PURCHASE OF A PARCEL OF RIGHT-OF-WAY, ALONG WITH A TEMPORARY DRIVEWAY RESTORATION EASEMENT, BOTH OF WHICH WILL BE REQUIRED FOR THE FOUR- LANING OF GOLDEN GATE BOULEVARD BETWEEN WILSON BOULEVARD AND DESOTO BOULEVARD. PROJECT NO. 60040 (FISCAL IMPACT: $9,500) - LOCATED AT 4221 GOLDEN GATE BLVD. E., FOLIO #40744400007 Item #16A4 SET A PUBLIC HEARING DATE OF SEPTEMBER 13,2011 FOR CONSIDERATION OF A DEVELOPMENT OF REGIONAL IMP ACT DEVELOPMENT ORDER FOR THE HACIENDA LAKES PROJECT, PETITION NUMBER DRI-2006-AR-I0147, LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) AT THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE-HAMMOCK ROAD AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS 11 THROUGH 14,23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 & 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA - THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL WILL MEET Page 183 May 24,2011 JUNE 16,2011 TO VOTE ON THE DRI ASSESSMENT REPORT Item #16A5 SHORT-LIST OF DESIGN PROFESSIONALS PURSUANT TO RFP #11-5639 AND TO ENTER INTO NEGOTIATIONS BETWEEN COLLIER COUNTY AND TYLIN INTERNATIONAL, INC., FOR "DESIGN & RELATED SERVICES FOR THE REPLACEMENT OF CR29 BRIDGE (#030161) OVER CHOKOLOSKEE BAY" PROJECT NO. 66066 - LIST INCLUDES: TYLIN INTERNATIONAL, INC., STANLEY CONSULTANTS, INC, AMERICAN CONSULTING ENGINEERS OF FLORIDA, LLC, AND CARDNO TBE/PBS&J JOINT VENTURE PARTNER Item #16A6 SOVEREIGNTY SUBMERGED LANDS EASEMENT INSTRUMENT WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (TnTF) FOR THE EXISTING ROADWAY BRIDGES CROSSING THE COCOHA TCHEE RIVER AND ONE OF ITS TRIBUTARIES ON V ANDERBIL T DRIVE WITHIN THE EXISTING RIGHT-OF-WAY. (PROJECT NO. 69081) (FISCAL IMPACT: RECORDING FEES NOT TO EXCEED $75) - INCLUDES PEDESTRIAN AND VEHICULAR BRIDGES CONSTRUCTED IN 1964 Item #16A 7 REJECT BID #11-5662, LEL Y MUNICIPAL SERVICE TAXING UNIT (MSTU) DORAL CIRCLE BRIDGE RENOVATION - APRIL 13,2011 THE LEL Y MSTU ADVISORY COMMITTEE Page 184 May 24,2011 MADE A MOTION TO REJECT THE BID AND RE-ADVERTISE THE BID WITH A RE-FORMATTED TITLE Item #16A8 LANDSCAPE MAINTENANCE AGREEMENT WITH DIAMOND LAKE CONDOMINIUM ASSOCIATION, INC. FOR WORK PERFORMED ALONG THE COUNTY RIGHT-OF-WAY, ALONG PIPER BOULEVARD, TO BE MAINTAINED BY THE ASSOCIATION - ALONG WITH ONGOING OPERATION ASSOCIATED WITH THE PLANTING AND IRRIGATION Item #16A9 AWARD ITB #11-5663 FOR TRAFFIC OPERATIONS SIGNAL COMPONENTS & HARDWARE ON A LINE ITEM BASIS TO INDIVIDUAL QUALIFIED LOWEST BIDDERS: TEMPLE, INC., RAINBOW DISTRIBUTORS, INC., CONTROL TECHNOLOGIES OF CENTRAL FLORIDA, INC., GRA YBAR ELECTRIC CO. INC., AND TPFL, INC. (ESTIMATED ANNUAL EXPENSE IS $300,000) - WITH A CONTRACT IN THE FORM OF A STANDARD COUNTY PURCHASE ORDER Item #16AI0 SHORT-LIST OF DESIGN PROFESSIONALS PURSUANT TO RFP #11-5690 AND ENTER INTO NEGOTIATIONS BETWEEN COLLIER COUNTY AND ATKINS NORTH AMERICA, INC., FOR "CONSTRUCTION ENGINEERING AND INSPECTION (CEI) AND RELATED SERVICES FOR SR84 (DAVIS BOULEV ARD) RADIO ROAD TO COLLIER BOULEVARD; SR84/SR951 INTERSECTION IMPROVEMENTS; COLLIER Page 185 May 24, 2011 BOULEVARD (SR/CR 951) NORTH TO MAGNOLIA POND DRIVE; AND CR951 (COLLIER BOULEVARD) NORTH TO THE MAIN GOLDEN GATE CANAL". (PROJECT NO. 60073 & 60092) - INSTALLATION OF STORM DRAIN STRUCTURES, PONDS, UNDERGROUND UTILITY RELOCA TION/INST ALLA TION, SIGNALIZATION, STREET LIGHTING, SIGNING & MARKING, AND INCLUDES LOCAL ROADWAY IMPROVEMENTS THAT ARE ADJACENT TO THE PROJECT Item #16All AWARD BID #11-5674 "BOSTON AVENUE SIDEWALK IMPROVEMENTS" FOR CONSTRUCTION OF SIDEWALK IMPROVEMENTS ON BOTH SIDES OF BOSTON AVENUE FROM SOUTH 9TH STREET TO SOUTH 1ST STREET TO STEVENS & LAYTON, INC., IN THE AMOUNT $152,353.55 (PROJECT #33122) AND REIMBURSED BY FDOT UNDER AN LAP AGREEMENT -INCLUDING DRIVEWAY RE- CONSTRUCTION THROUGHOUT THE PROJECT THAT WILL MEET AMERICANS WITH DISABILITIES ACT (ADA) REQUIREMENTS Item #16A12 AWARD BID #11-5679 "INTERSECTION OF LAKE TRAFFORD ROAD AT SR 29" FOR CONSTRUCTION OF INTERSECTION IMPROVEMENTS ON LAKE TRAFFORD ROAD AND SR 29, TO GULF PAVING COMPANY, INC., IN THE AMOUNT OF $982,923.32 (PROJECT #33124) - $750,000 WILL BE REIMBURSED BY FDOT UNDER AN LAP AGREEMENT Item #16A13 Page 186 May 24, 2011 AMENDMENT TO ORDINANCE NUMBER 09-22, PLANNED UNIT DEVELOPMENT (PUD) TIME LIMITS AND TIME LIMIT EXTENSION REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) TO EXTEND THE TOLLING TIMEFRAME FROM MAY 12,2011 TO MAY 12,2012 Item #16Bl BOARD OF COUNTY COMMISSIONERS (BCC) ACTING AS COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVING SUBMITTAL OF THE RURAL BUSINESS ENTERPRISE GRANT (RBEG) APPLICATION TO U.S. DEPARTMENT OF AGRICULTURE (USDA) RURAL DEVELOPMENT TO AUGMENT THE BUSINESS SUPPORT, RESOURCES, SERVICES AND TECHNICAL ASSISTANCE PROVIDED THROUGH THE IMMOKALEE BUSINESS DEVELOPMENT CENTER (IBDC) IN THE AMOUNT OF $165,180 AND APPROVE ALL NECESSARY BUDGET AMENDMENTS -THE GRANT WAS PREVIOUSLY AWARDED TO ANOTHER ENTITY AND THEY LATER WITHDREW THEIR APPLICATION AND IN TURN THE CRA WITH THE RECOMMENDATION FROM THE USDA STAFF, REDRAFTED THE APPLICATION TO ENSURE FUNDING DURING THE CURRENT FEDERAL FISCAL AWARD PERIOD Item #16B2 BOARD OF COUNTY COMMISSIONERS (BCC) ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVING THE AFTER- THE-FACT SUBMITTAL OF THE Page 187 May 24, 2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) GRANT APPLICATION TO COLLIER COUNTY HOUSING, HUMAN & VETERAN SERVICES (HHVS) SEEKING GRANT FUNDING IN THE AMOUNT OF $140,000 TO SUPPORT IMPROVEMENTS TO THE PEDESTRIAN CROSSWALKS IN THE IMMOKALEE CENTRAL BUSINESS DISTRICT - WILL BE USED FOR A PEDESTRIAN/TRAFFIC STUDY TO DETERMINE CROSSWALK/PEDESTRIAN DEVICES LOCATION EFFECTIVENESS Item #16B3 COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVING A RIGHT OF FIRST REFUSAL AGREEMENT WITH BA YSHORE CAP A CENTER, INC. IN CONSIDERATION OF A POTENTIAL FUTURE PURCHASE OF CRA OWNED LAND; EXECUTE A RIGHT OF ENTRY FOR THAT LAND; AND THE CHAIRMAN TO SIGN (FISCAL IMP ACT: NONE) - THE CRA HAS IDENTIFIED THIS PARCEL ALONG WITH SEVERAL OTHER PARCELS AS POTENTIAL SITES FOR REDEVELOPMENT PROJECTS Item # 16B4 COMMUNITY REDEVELOPMENT AGENCY (CRA) ACCEPT THE CONVEYANCE OF COUNTY-OWNED PROPERTY (MOBILE HOME SITES) WITHIN THE BOUNDARIES OF THE BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA TO ENACT THE RESIDENTIAL INFILL PROVISION OF THE CRA'S MASTER REDEVELOPMENT PLAN; AUTHORIZE CRA CHAIRMAN TO SIGN HUD SETTLEMENT STATEMENT; DIRECT CRA STAFF TO RECORD AN EXECUTED Page 188 May 24, 2011 STATUTORY DEED FROM THE COUNTY; AND APPROVE PAYMENT AND AUTHORIZE THE CRA EXECUTIVE DIRECTOR TO MAKE PAYMENT FROM THE BA YSHORE GATEWAY TRIANGLE CRA FUND 187 FOR ALL COST AND EXPENSES NECESSARY TO CLOSE THE TRANSACTION AND INSURE CLEAR TITLE OF SAME: SITE ADDRESSES 3000, 3152 & 3205 KAREN DRIVE. FISCAL IMPACT TO FUND 187: $41,642.18 (COMPANION TO ITEM NO. 16E12) - TO CORRECT EXISTING BLIGHTED AREAS IN THE BAYSHORE GATEWAY TRIANGLE AREA THAT ARE DETRIMENTAL TO PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE Item #16B5 BUDGET AMENDMENT AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY (CRA) TO REALLOCATE $1,117,939.01 WITHIN THE PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DISASTER RECOVERY INITIATIVE (DRI) FUNDED GRANT BUDGET FOR THE DOWNTOWN IMMOKALEE STORMWATER IMPROVEMENTS PROJECT. THESE FUNDS WILL BE DEDUCTED FROM THE LAND CAPITAL OUTLAY LINE ITEM AND ADDED TO THE OTHER CONTRACTUAL SERVICES LINE ITEM AND WILL RESULT IN A ZERO INCREASE OR DECREASE IN THE OVERALL PROJECT BUDGET - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Cl WAIVE COMPETITION AND AUTHORIZE SOLE-SOURCE PURCHASES OF CLOSED CIRCUIT TELEVISION PIPELINE INSPECTION VEHICLES AND PIPELINE INSPECTION PARTS Page 189 May 24, 2011 FROM COMMUNITY UTILITIES ENVIRONMENTAL SERVICES, INC., AND APPROVE THE PURCHASE OF A REPLACEMENT PIPELINE INSPECTION VEHICLE IN THE AMOUNT OF $199,920 - A PREVENTATIVE MAINTENANCE PROGRAM FOR 631 MILES OF GRAVITY SEWER MAINS Item #16C2 AWARD BID #11-5657, GREASE HAULING SERVICES, TO ROCKFILL ASSOCIATES D/B/A CREWS ENVIRONMENTAL, INC., IN THE ESTIMATED ANNUAL AMOUNT OF $50,000- REMOVING GREASE AND INSOLUBLE MATERIAL FROM LIFT STATION COLLECTION SYSTEMS Item # 16C3 AWARD BID #11-5653, "RIVERWOOD WATER DISTRIBUTION SYSTEM REPLACEMENT" IN THE AMOUNT OF $955,626.67 TO ANDREW SITE WORK, LLC, TO REHABILITATE THE POTABLE WATER DISTRIBUTION SYSTEM THAT SERVES THE RIVERWOOD SUBDIVISION, PROJECT NO. 71010.5 - PROVIDING COMPLIANT AND RELIABLE POTABLE WATER SERVICE TO COLLIER COUNTY WATER-SEWER DISTRICT'S (CCWSD) RIVERWOOD COMMUNITY RATE PAYERS Item # 16C4 UTILITY EASEMENT TO THE COLLIER COUNTY W A TER- SEWER DISTRICT FOR THE CONSTRUCTION AND MAINTENANCE OF WATER UTILITIES FOR THE LANDFILL GAS-TO-ENERGY FACILITY AT THE COLLIER COUNTY LANDFILL, ATNO COST TO THE COUNTY -FOR WATER Page 190 May 24, 2011 UTILITIES, INCLUDING BUT NOT LIMITED TO; WATER LINES, PIPES, VAL VES, INSTALLED WITHIN THE UTILITY EASEMENT REQUIRED FOR MAINTENANCE ACCESS AND FOR FUTURE INSTALLATION OF WATER UTILITIES Item #16C5 WORK ORDER IN THE AMOUNT OF $235,283.56 TO QUALITY ENTERPRISES USA, INC., FOR LIFT STATION 310.01 REHABILITATION UNDER CONTRACT #08-5011 - AN ANNUAL CONTRACT FOR UNDERGROUND UTILITY SERVICES (PROJECT #70046) FOR WORK ON A 20+YEAR OLD UNDERSIZED STATION SUSCEPTIBLE TO OVERFLOWING IN THE EVENT OF A POWER FAILURE Item #16C6 - Moved to Item #lOH (Per Agenda Change Sheet) Item #16Dl AMENDMENT TO A 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT WITH THE CITY OF MARCO ISLAND APPROVED ON FEBRUARY 23,2010 (ITEM 16Dl). THIS AMENDMENT IS TO REVISE EXHIBIT A, TO UPDATE THE SCOPE, BUDGET, OUTCOME PERFORMANCE MEASURES, AND EXTEND PROJECT MILESTONE SCHEDULE DATES IN ORDER TO FACILITATE REIMBURSEMENT - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D2 SUBRECIPIENT AGREEMENT IN THE AMOUNT OF $37,707 Page 191 May 24, 2011 USING 2009-2010 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) OPERATING GRANT FUNDS, WHICH HA VE BEEN DESIGNATED FOR A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO). FLORIDA NON- PROFIT SERVICES, INC. (FNPS) IS THE CHDO WHICH WILL RECEIVE THE GRANT FUNDS, AND WILL USE THEM TOWARDS THE SALARY AND BENEFITS OF ONE (1) STAFF PERSON WHO WILL PROVIDE ACCOUNTING AND ADMINISTRATIVE SERVICES TO INCREASE THE CHDO'S CAPACITY - CHDO WILL ACQUIRE AND MAINTAIN STAFF WITH A RANGE OF SKILLS OR ASSIST IN BUILDING CHDO'S STAFF SKILLS OVER TIME INCLUDING PROPERTY MANAGEMENT SKILLS, PHYSICAL PLANNING, FINANCIAL PACKAGING, AND PROJECT AND TEAM MANAGEMENT Item #16D3 WAIVE FORMAL COMPETITION & APPROVE ADDITIONAL FUNDING TO CONTINUE CONSULTING SERVICES WITH YORK CLAIMS SERVICES INC. (PO #4500105855) WHO PROVIDE COLLIER COUNTY WITH SUPPORT REQUIRED FOR FEMA CLAIMS FOR TROPICAL STORM GABRIELLE, HURRICANE KATRINA AND HURRICANE WILMA FOR TIME AND MATERIAL NOT TO EXCEED $65,000 - STAFF REQUEST FOR AN ADDITIONAL $15,000 FOR CONTINUED WORK AND SERVICES Item #16D4 THREE (3) COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) SUBRECIPIENT GRANT AGREEMENT AMENDMENTS TO INCORPORATE ADDITIONAL AMERICAN Page 192 May 24,2011 RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) REPORTING REQUIREMENTS IN RESPONSE TO ERNST AND YOUNG'S SINGLE AUDIT MANAGEMENT LETTER OBSERVATION 2010-2 - HUD GRANT #B-09-UY-12-0016 FOR CITY OF NAPLES AGREEMENT AMEND #1, ANTHONY PARK LANDSCAPE IMPROVEMENTS; HOUSING DEVELOPMENT CORPORATION OF SWFL, AMEND #1 TO AN AGREEMENT FOR CREDIT REP AIRlHOMEBUYER EDUCATION AND COUNSELING PROGRAM; AND EMPOWERMENT OF SWFL AMEND #1 TO AGREEMENT FOR A CREDIT COUNSELING AND FORECLOSURE PREVENTION PROGRAM Item #16D5 FOUR (4) SATISFACTIONS OF MORTGAGE FOR OWNER- OCCUPIED AFFORDABLE HOUSING UNITS THAT HAVE SATISFIED THE TERMS OF ASSISTANCE OR REPAYMENT IN FULL TO COLLIER COUNTY - THE FOLLOWING TWO PROPERTIES FULFILLED THEIR OBLIGATION TO HOME ASSISTANCE AND WERE ENTITLES AS SA TISF ACTION OF MORTGAGE, LOCATED AT 1 0217 PALM DRIVE, AND 405 E. DELAWARE AVE.; THE FOLLOWING TWO PROPERTIES HAVE REPAID ALL FUNDS EXPENDED FROM SHIP FUNDS, LOCATED AT 2522 LINWOOD AVE., AND 5261 DIXIE DRIVE Item #16D6 AMENDMENT TO THE FLORIDA BOATING IMPROVEMENT PROGRAM (FBIP) GRANT TO EXTEND THE COMPLETION DATE ON THE BA YVIEW PARK IMPROVEMENT PROJECT - EXTENDING THE TERMINATION DATE TO JUNE 30, 2011 FOR PHASE I OF THE PROJECT THA T WAS DELAYED DUE Page 193 May 24,2011 TO SEASONAL WEATHER CONDITIONS, PERMITTING REQUIREMENTS AND CONTRACTUAL PROCUREMENT REQUIREMENTS Item # 16D7 RATIFY STAFF'S EXTENSION OF CONTRACT #06-3971, "GENERAL CONTRACTING SERVICES" WITH PBS CONSTRUCTION, INC. AND RELATED WORK ORDER #45-124175, "GOODLAND BOAT DOCK INSTALLATION OF LADDERS & CLEATS" FOR $14,620 TO PROCESS THE FINAL INVOICE FOR WORK COMPLETED - STAFF REQUESTS THE EXTENSION OF ORIGINAL CONTRACT (#06-3971) EXPIRING FEBRUARY 12,2011 TO THE DATE OF JUNE 15,2011; AND CHANGE ORDER #1 TO PURCHASE ORDER #45-124175 FOR A WORK ORDER THAT EXPIRED DECEMBER 17,2010 Item # 16D8 AWARD BID #11-5628 TO OAC ACTION CONSTRUCTION, CORP. FOR A CONSTRUCTION CONTRACT FOR THE TIGERTAIL BEACH DUNE WALKOVER & BOARDWALK IMPROVEMENT PROJECT NO. 90093.1. AND AUTHORIZING THE CHAIRMAN TO EXECUTE A STANDARD CONTRACT AFTER COUNTY ATTORNEY APPROVAL Item #16D9 (Continued to the June 14,2011 BCC Meeting) COLLIER COUNTY HUNGER AND HOMELESS COALITION (HHC) SUBRECIPIENT AGREEMENT FOR A U.S. DEPT. OF HOUSING AND URBAN DEVELOPMENT (HUD) HOMELESS PREVENTION AND RAPID RE-HOUSING (HPRP) GRANT Page 194 May 24, 2011 APPROVED BY THE BOARD SEPTEMBER 15, 2009 AS ITEM #16DI9. THIS AMENDMENT ALLOWS FOR REVISION ON EXHIBIT A OF THE SUBRECIPIENT AGREEMENT TO ACCOMMODATE HHC'S REQUEST TO NO LONGER INCLUDE HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS) ACTIVITIES AND ALLOWS HHC TO MORE FULL Y EXPEND GRANT FUNDS - FOLLOWING GRANT REQUIREMENTS Item #16DI0 SIX (6) HOMELESSNESS PREVENTION & RAPID REHOUSING (HPRP) AMENDMENTS TO SUBRECIPIENT GRANT AGREEMENTS INCORPORATING ADDITIONAL AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) REPORTING REQUIREMENTS IN RESPONSE TO ERNST AND YOUNG'S SINGLE AUDIT MANAGEMENT LETTER OBSERVATION 2010-2 - FOR PARTICIPATING AGENCIES THAT HAVE SIGNED AMENDMENTS AND ARE RECEIVING FUNDS INCLUDING: CATHOLIC CHARITIES, SALVATION ARMY (NAPLES CORPS), YOUTH HAVEN, COLLIER COUNTY HOUSING AUTHORITY, LEGAL AID OF COLLIER COUNTY, AND HOUSING DEVELOPMENT CORPORATION OF SWFL Item #16Dl1 GRANTEE APPLICATION FOR ADVANCE FUNDING TO ACCESS FUNDING FOR THE CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT. FUNDING PROVIDED THROUGH MEMORANDUM OF UNDERSTANDING #LHZ25 WITH FLORIDA'S DEPARTMENT OF CHILDREN AND FAMILIES - FOR PLANNING AND Page 195 May 24, 2011 IMPLEMENT A TION OF THE PROGRAM AND TO HELP COUNTIES IMPROVE ACCESSIBILITY AND EFFECTIVENESS OF TREATMENT SERVICES Item #16El RATIFY PROPERTY, CASUALTY, WORKERS' COMPENSATION AND SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION 2004-15 FOR THE SECOND QUARTER OF FY11 - SECOND QUARTER OF FY 2011 CLOSED 83 CLAIMS AND 36 SUBROGATION CLAIMS Item #16E2 DONATION AGREEMENT WITH CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED (CREW) FOR 9.17 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $1,000 - LOCATED IN THE RED MAPLE SWAMP PRESERVE MULTI-PARCEL PROJECT (GOLDEN GATE ESTATES, UNIT 53) Item #16E3 - Moved to Item #10D (Per Agenda Change Sheet) Item #16E4 - Moved to Item #10E (Per Agenda Change Sheet) Item #16E5 - Moved to Item #10F (Per Agenda Change Sheet) Item #16E6 BID NO. 11-5644 "ON-CALL ROOFING CONTRACTOR Page 196 May 24,2011 SERVICES" TO WEST COAST FLORIDA ENTERPRISES INC. AND CROWTHER ROOFING COMPANY - FOR MAJOR ROOFING REPAIRS AND IMPROVEMENTS Item #16E7 ACCEPT THE REPORT CONCERNING THE SALE AND DONATION OF ITEMS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION HELD ON APRIL 30, 2011, RESULTING IN GROSS REVENUES OF $187,456.50 - THE AUCTIONEER'S COMMISSION OF $29,993.04 WAS DEDUCTED FROM THE GROSS REVENUE Item #16E8 BUDGET AMENDMENT TO INCREASE THE COUNTY-WIDE CAPITAL BUDGET, FUND 301, PROJECT #52525 - GENERAL BUILDING REPAIRS BY $250,000 BY MOVING FUNDS FROM THE FUND 301 RESERVES FOR CONTINGENCIES; FOR THE PURPOSE OF CORRECTING A PROBLEM IN THE COUNTY'S HIGH VOLTAGE SWITCHGEAR LOCATED IN BUILDING K THAT SERVES VARIOUS BUILDINGS AT THE GOVERNMENT CENTER CAMPUS - EXISTING SWITCHGEAR HAD BEEN INSTALLED IN 1988 AND DURING A RECENT STUDY WAS FOUND TO BE DEFECTIVE Item #16E9 RATIFY A STAFF ZERO-DOLLAR TIME EXTENSION OF CONTRACT #09-5195 WITH BORAN CRAIG BARBER ENGEL CONSTRUCTION CO. (BCBE) IN ORDER TO PROCESS THE CONTRACTOR'S FINAL INVOICE FOR WORK COMPLETED Page 197 May 24,2011 ON THE MARCO ISLAND LIBRARY ROSE HALL ADDITION; AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO SIGN THE NECESSARY DOCUMENTS - TO ACCOMMODA TE OWNER REQUESTED CHANGES TO THE FLOOR-MOUNTED AUDIO/VIDEO/POWER BOX ON THE STAGE IN THE AUDITORIUM Item #16EI0 RELEASE OF $27,105 IN FINAL PAYMENT AND RETAINAGE AMOUNTS FOR THE PROJECT KNOWN AS UNDERGROUND STORAGE FUEL TANKS REMOVAL AND REPLACEMENT, BID NO. 09-5237, TO THE BOND PROVIDER FOR SURGE SOLUTIONS GROUP, INC.: EVERGREEN NATIONAL INDEMNITY COMPANY - FINAL PAYMENT WAS WITHHELD BECAUSE SSG (SURGE SOLUTION GROUP, INC.) WAS HA VING DIFFICULTY OBTAINING RELEASE & AFFIDAVIT FORMS FOR 5 EXISTING, NON-COMPLIANT UNDERGROUND FUEL OIL TANKS Item #16Ell AUTHORIZE AN AMENDMENT TO "EXHIBIT B" TO A BOARD APPROVED AGREEMENT WITH LEL Y COMMUNITY DEVELOPMENT DISTRICT FOR THEIR SUPPLY OF IRRIGATION QUALITY WATER TO COMBINED SITES OF THE EMERGENCY SERVICES CENTER & SOUTH REGIONAL LIBRARY AT NO ADDITIONAL COST TO THE COUNTY, AND AUTHORIZE THE CHAIRMAN TO SIGN THE NECESSARY DOCUMENTS FOLLOWING COUNTY ATTORNEY REVIEW - FOR AN ERROR DISCOVERED WHILE REVIEWING AN INVOICE SUBMITTED BY THE LCDD (LEL Y COMMUNITY Page 198 May 24, 2011 DEVELOPMENT DISTRICT) ON APRIL 5, 2011 Item #16E12 RESOLUTION 2011-89: RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COLLIER COUNTY COMMISSIONERS (BCC) TO EXECUTE A STATUTORY DEED FOR THE CONVEYANCE OF COUNTY-OWNED PROPERTY (MOBILE HOME SITES) WITHIN THE BA YSHORE/GA TEW A Y COMMUNITY REDEVELOPMENT AREA TO THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA); AND WAIVE ANY CODE ENFORCEMENT PENALTIES LEVIED AGAINST THE PROPERTY THAT ARE NOT ASSOCIA TED WITH COSTS INCURRED BY THE COUNTY CODE ENFORCEMENT DEPARTMENT TO ABATE THE VIOLATIONS: SITE ADDRESSES 3000, 3152 & 3205 KAREN DRIVE. FISCAL IMPACT: NONE. (COMPANION ITEM: 16B4) Item #16Fl RESOLUTION 2011-90: AUTHORIZING THE PURCHASE OF A REPLACEMENT WATER TENDER PUMPER FROM THE FLORIDA SHERIFF'S BID LIST FOR THE OCHOPEE FIRE CONTROL DISTRICT Item #16F2 - Moved to Item #10G (Per Agenda Change Sheet) Item #16F3 RESOLUTION 2011-91: RESOLUTION AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2010-11 Page 199 May 24, 2011 ADOPTED BUDGET Item #16Gl BUDGET AMENDMENTS FOR $612,320 TO INCREASE BUDGETED REVENUES AND BUDGETED EXPENSES FOR THE SALE & PURCHASE OF AVIATION FUEL AT MARCO ISLAND EXECUTIVE AIRPORT, IMMOKALEE REGIONAL AIRPORT, AND EVERGLADES AIRPARK - DUE TO A RISE IN FUEL COSTS NOT BUDGETED FOR IN THE FYll ADOPTED BUDGET Item #16G2 T-HANGAR LEASE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY AND EXEC AIR, INC. OF NAPLES, AND HIGH SOARING, INC., AND AIRCRAFT MAINTENANCE OF SOUTHWEST FLORIDA - TO BE USED AS STORAGE, TIE-DOWN SPACE, COMMERCIAL FLIGHTS, MAINTENANCE, AND MAJOR AIRCRAFT REPAIRS Item #16Hl COMMISSIONER COLETTA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED THE CITY OF EVERGLADES NATIONAL DAY OF PRAYER LUNCHEON AT EVERGLADES CITY HALL, EVERGLADES, FL ON MAY 5, 2011, $7.50 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - 102 NE COPELAND AVE., EVERGLADES CITY Item # 16H2 Page 200 May 24,2011 COMMISSIONER COLETTA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE WILL ATTEND THE GULF CITRUS GROWER ASSOCIATION'S 2011 ANNUAL MEETING AND 25TH ANNIVERSARY CELEBRATION AT LABELLE CIVIC CENTER, LABELLE, FL. $10 TO BE PAID FROM COMMISSIONER COLETTA'S TRA VEL BUDGET - HELD ON JUNE 1. 2011 AT 481 HIGHWAY 80 WEST, LABELLE Item #16H3 COMMISSIONER COLETTA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED THE EASTERN COLLIER CHAMBER OF COMMERCE BREAKFAST IN IMMOKALEE, FL ON APRIL 6, 2011. $15 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - LOCATED AT 1300 N. 15TH STREET, SUITE 2, IMMOKALEE Item #16H4 COMMISSIONER COLETTA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED THE COLLIER COUNTY MEDICAL SOCIETY'S ANNUAL MEETING & INSTALLATION OF 53RD PRESIDENT AT GREY OAKS COUNTRY CLUB, NAPLES, FL ON MAY 7,2011. $50 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - LOCATED AT 2400 GREY OAKS DRIVE, NAPLES Item #16H5 Page 201 May 24, 2011 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE LEAGUE OF WOMEN VOTERS OF COLLIER COUNTY LUNCHEON ON MAY 9, 2011 A T THE NAPLES HILTON IN NAPLES, FL. $20 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 5111 T AMI AMI TRAIL NORTH. NAPLES Item # 1611 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 202 May 24, 2011 Item # 1611 DISBURSEMENTS FOR THE PERIOD OF APRIL 23,2011 THROUGH APRIL 29, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF APRIL 30, 2011 THROUGH MAY 6, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 1613 BUDGET AMENDMENT IN THE AMOUNT OF $9,912.46 RECOGNIZING FEDERAL HHS VOTE PROGRAM GRANT AWARD 2006 FUNDS FOR VOTING ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES - INCLUDING PATHS OF TRA VEL, ENTRANCES, EXITS AND PRIVACY AT POLLING FACILITIES Item #16Kl COUNTY MANAGER OR HIS DESIGNEE TO SIGN POLICE AFFIDAVITS, OR OTHER AGREEMENTS, AUTHORIZING THE SHERIFFS' OFFICE TO ISSUE TRESPASS WARNINGS FOR UNAUTHORIZED USE OF COUNTY PROPERTY - DUE TO THE RECENT A TV USE AT A COUNTY RETENTION POND THAT HAS PARCELS ABUTTING RESIDENTIAL LAND Item # 16K2 Page 203 May 24, 2011 RETAINER AGREEMENT WITH THE LAW FIRM OF HENDERSON FRANKLIN TO REPRESENT THE COUNTY THROUGH TRIAL IN THE LAWSUIT ENTITLED DARLING ELIE, INDIVIDUALLY AND AS GUARDIAN OF JADARRIEN ELIE, A MINOR CHILD V. COLLIER COUNTY, ET. AL., FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 07-1463-CA, FOR A TOTAL NOT TO EXCEED $100,000 WITHOUT PRIOR AUTHORIZATION - FOR A PERSONAL INJURY CLAIM FILED ON MAY 18,2007 Item #17A ORDINANCE 2011-18: PUDZ-2005-AR-8674: GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT WITH A PORTION OF THE REAL PROPERTY IN A ST OVERLAY (SPECIAL TREA TMENT) TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT WITH REMOVAL OF THE ST OVERLAY FOR A PROJECT KNOWN AS GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A 500-SEA T CHURCH, A SINGLE-F AMIL Y RESIDENCE AND Page 204 May 24,2011 PRESCHOOL OF UP TO 150 STUDENTS ALONG WITH OTHER PERMITTED AND ACCESSORY USES COMMONLY ASSOCIATED WITH A CHURCH AND PRESCHOOL USE. THE PROPERTY IS LOCATED AT THE CORNER OF LEARNING LANE AND LIVINGSTON ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12 +/- ACRES AND BY PROVIDING AN EFFECTIVE DATE Item #17B RESOLUTION 2011-92: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2010-11 ADOPTED BUDGET ***** Page 205 May 24,2011 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:29 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL 'A~w. ~ FRED COYLE, Chairman ATTEST: . ( "t~,({" DW I{F'E."BR(g<::K, CLERK . ;~~~r-L~ "tt~$t ~$ .to-'~J" , . \IJII.tlll'. 0111 ~. These minutes apprred by the Board on J"'~ Z "3, 'Zo/l as presented ^ . or as corr ted ./ TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 206