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BCC Minutes 06/28/2011 R MINUTES BCC Regular Meeting June 28 , 2011 June 28, 2011 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 28, 2011 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta Donna Fiala Georgia Hiller Tom Henning ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Finance Director, Clerk of Courts Office Ian Mitchell, BCC Executive Manager Mike Sheffield, Operations Manager, CMO Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority 1..0"'\ 111/. ,.... I .. ~ ~ .' r ( ,Il' ---. Jt '" \ AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 June 28, 2011 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Chairman Donna Fiala - BCC Commissioner, District 1; CRAB Vice-Chairman Georgia Hiller - BCC Commissioner, District 2 Tom Henning - BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE 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 June 28, 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 T AMIAMI 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. Reverend Charles McCracken - Naples Alliance Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. March 8, 2011 - BCC/Closed Session Minutes C. May 24, 2011 - BCClRegular Meeting 3. SERVICE A WARDS - EMPLOYEE Page 2 June 28, 2011 A. 25 Year Attendees 1) Vickie Wilson, Parks and Recreation B. 30 Year Attendees 1) Millie Kelley, Wastewater 2) Joseph Corbo, Road Maintenance 4. PROCLAMATIONS A. Proclamation designating June 28,2011 as Dean R. Lind Day. To be accepted by Dean R. Lind. Sponsored by Commissioner Coletta. B. Proclamation designating June 28, 2011 as The Home Depot and the Project V olunteers Appreciation Day for their selfless contributions to the Eagle Lakes Community Park. To be accepted by Daniel Zurbrigg and Heather Figard. Sponsored by Commissioner Fiala. C. Proclamation designating June 28,2011 as Sgt. Linda Pierre Day. To be accepted by family members of Sgt. Pierre. Sponsored by Commissioner Coletta. 5. PRESENTATIONS A. Presentation by the National Weather Service declaring Collier County Storm Ready. B. Presentation by SCORE on the "Business Impact 2011" Program. To be presented by Chick Heithaus and George Ahearn. (Commissioner Coletta) 6. PUBLIC PETITIONS A. Public Petition request from Lyle McCandless regarding the requirement of building permits for work at private hunting camps located in preserves. Item 7 and 8 to be heard no sooner than 1:00 pm unless otherwise noted. Page 3 June 28, 2011 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item has been continued to the Julv 26. 2011 BCC meetine:. This item requires that ex parte disclosure be provided bv Commission members. Should a hearine: be held on this item. all participants are required to be sworn in. RZ-PL2009-25: The Gordon River Greenway Park - an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established 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 Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) with an ST Overlay, Commercial Intermediate (C-3), Residential Multi-Family District 6 [RMF-6(3)] and Residential Multi-Family District 6 [RMF-6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a public park with an ST Overlay to be known as the Gordon River Greenway Park; and by providing an effective date. The 123.6+/- acre subject property is located on the east side of Goodlette-Frank Road (CR-851) and south of Golden Gate Parkway (CR-886), in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Collier County Citizens Corps. B. Appointment of member to the Contractors Licensing Board. c. Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, encouraging the Department of Defense, Congress and the President to intervene to ensure fair reimbursement rates to medical providers through the TRICARE system and quality health care to our deserving active and retired military personnel. (Commissioner Coyle) Page 4 June 28, 2011 D. This item to be heard at 1 :05 p.m. Discussion regarding a request to amend Stewardship Easement Agreement; Tract: HCLRP SSA 8 as provided for in a paragraph of the Agreement. Amendment requested is to provide Grantor the ability to withdraw the Stewardship Sending Area (SSA) designation provided an application for such withdrawal is implemented within 6 months of approval of the amendment. (Commissioner Coletta) E. Advisory Board Vacancies as advertised in the Press Release of June 22, 2011 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11 :00 a.m. Recommendation to approve the application by Arthrex, Inc. and Arthrex Manufacturing, Inc. to participate in the Fee Payment Assistance Program, the Job Creation Investment Program, the Advance Broadband Infrastructure Investment Program, and the Fast Track Regulatory Process Program. (Fiscal Impact Estimate: $2,282,969) (David Jackson, Executive Director, Business & Economic Development) B. Recommendation to award Agreement No. 11-5690 for Construction Engineering and Inspection (CEI) and Related Services for SR84 (Davis Boulevard) Radio Road to Collier Boulevard; SR84/SR951 Intersection Improvements; Collier Boulevard (SR/CR 951) north to Magnolia Pond Drive; and CR951 (Collier Boulevard) north to the Main Golden Gate Canal to Atkins North America, Inc; Project No. 60073 & No. 60092, Fiscal Impact $2,964,487.50. (Steve Ritter, Road Construction Manager, Growth Management Division) C. Recommendation that the Board adopt criteria for review of conceptual plans and designs for major capital projects. (Len Price, Administrative Services Administrator) D. Provide the Board of County Commissioners (BCC) with an update of the draft Administrative Code. (Fred Reischl, Senior Planner, Growth Management Division) E. Recommendation that the Board of County Commissioners (BCC) approves a Land Development Code Amendment Cycle. (Fred Reisch1, Senior Page 5 June 28, 2011 Planner, Growth Management Division) F. Recommendation to approve a Resolution establishing an outdoor burning ban in the unincorporated areas of Collier County in accordance with Ordinance No. 2009-23, the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance. (Dan Summers, Director, Bureau of Emergency Services) 11. COUNTY ATTORNEY'S REPORT A. 12:00 P.M. Time Certain Notice of Closed Session. Notice is hereby given that, pursuant to Section 286.011 (8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, JUNE 28, 2011. The session will be held for a time certain of 12:00 noon, in the Commission Conference Room, 3rd Floor, W. Harmon Turner Administration Building F, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager Leo Ochs, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline W. Hubbard will be in attendance. The Board in executive session will discuss: Strategy session related to settlement negotiations and litigation expenditures in the pending cases of (1) Jerry Blocker, et al. v. Collier County, Case No. 08-9355-CA; and (2) Collier County v. Jerry Blocker, et aI., Case No. 09-1281-CA; now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. B. 1:00 P.M. Time Certain Return from Closed Session. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and litigation expenditures in the pending cases of(l) Jerry Blocker, et al. v. Collier County, Case No. 08-9355-CA; and (2) Collier County v. Jerry Blocker, et aI., Case No. 09-1281-CA; now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 6 June 28, 2011 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 for recording the final plat of Vita Tuscana, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2) Recommendation to approve the purchase of five (5) acres of unimproved property which will be required for the construction of a storm water detention and treatment pond for Phase II of the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact: $50,450) 3) Recommendation to approve and ratify Staffs extension of Contract #06-3969 with Stanley Consultants, Inc. and approval of Change Order #2 to Work Order #4500110440, requesting an additional 30 days to process the Consultant's final invoice for work completed on Gateway Triangle Stormwater Improvements, Project #51803. 4) Recommendation to approve an amendment to an easement agreement for the purchase of a road right-of-way, drainage and utility easement (Parcel No. 256RDUE) required for the expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard. (Project No. 60040.) Estimated fiscal impact: None. 5) Recommendation to provide after-the-fact approval for the submittal of a Transportation Community and System Preservation Program (TCSP) Discretionary Grant Application for the construction of five Page 7 June 28, 2011 new bridges in Golden Gate Estates in a total amount of$17,000,000. 6) Recommendation to execute the Non Emergency Transportation Medicaid Contract for the State 201112012 fiscal year; authorize a budget amendment in the amount of $486,958 to recognize the Medicaid grant funds; authorize a budget amendment in the amount of $137,270 in order to fund the Paratransit Transportation Disadvantaged program through the remainder of fiscal year 2011; and, to direct staff to work with the Local Coordinating Board to evaluate funding and service options for paratransit through Fiscal Year 2012. 7) Recommendation to approve the submittal of a grant application in the Federal Transit Administration (FT A) Financial and Grant Management System (TEAM Web) and authorize a budget amendment in the amount of $220,000 to recognize the 2008/2009 Congestion Management System/Intelligent Transportation Stakeholders (CMS/ITS) grant funds awarded to Collier Area Transit (CA T) for the purchase of a vehicle to be used to provide service on a east-west corridor on the Fixed Route system. 8) Recommendation to approve and execute the FY2011112 Transportation Disadvantaged Trust Fund Trip/Equipment Grant Agreement with the Florida Commission for the Transportation Disadvantaged (CTD) in the amount of$625,170 with a local match of $69,450 and authorize the Chairman to sign the Agreement, a Resolution in support of the Agreement, and required budget amendments. Grant funds will be used to cover a portion of the operating expenses of the Transportation Disadvantaged Program. 9) Recommendation to authorize the use of the newly adopted "Warehouse" Road Impact Fee rate for the United Materials, Inc. expansion project, if the Building Permit for the proposed construction is applied for prior to the effective date of September 1, 2011 for the new/revised land use rates. 10) Recommendation to approve and ratify staffs extension of Contract No. 09-5229 "Consultant Services for Collier County Signal Retiming Project" and a time extension Change Order to Work Order Page 8 June 28, 2011 No. 4500113122 in order to process the Consultant's invoices for work completed. 11) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $550,963 for the installation of wireless detection equipment for the expansion of the adaptive traffic control system on Airport Road, from Club House Drive to Golden Gate Parkway. 12) Recommendation to approve an impact fee reimbursement requested by Two Lakes Development, LLC, totaling $869,132.69, due to the cancellation of a building permit. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Board of County Commissioners (BCC), acting as the Community Redevelopment Agency (CRA), to approve the relocation of Immokalee CRA Office, approve the master lease with Barron Collier Partnership, LLLP, and authorize the Chairman to sign the master lease agreement. (3120 15th Street North, Unit 2, Immokalee ). 2) Recommendation for the Community Redevelopment Agency (CRA) to authorize a budget amendment to recognize a reimbursement of $100,000 from a Seller's escrow account to reimburse CRA Fund 187 for the work required to mitigate an environmentally contaminated site (4315 Bayshore Drive). 3) Recommendation for the Community Redevelopment Agency (CRA) to modify an existing Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant by approving a time extension and increase the grant award in the amount of $20,000. (4097 Bayshore Drive, fiscal impact $50,000). 4) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Landscape Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Page 9 June 28, 2011 Gateway Triangle area. (2705 Storter Avenue - $550) C. PUBLIC UTILITIES DIVISION 1) Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2011 tax year. 2) Recommendation to approve the Satisfaction of Lien for the 1996 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfaction of the lien. Fiscal impact is $20 to record the Satisfaction of Lien. 3) Recommendation to approve, execute and record Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $20 to record the Satisfactions of Lien. 4) Recommendation to approve the Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $38.50 to record the Satisfactions of Lien. 5) Recommendation to waive competition and authorize a sole source contract renewal of $55,832 with GE Intelligent Platforms for utility facilities control system software support. This software is used in all Public Utilities Division treatment plants and distribution systems to control, monitor, and manage critical processes. Funding is available in Projects #72541 and #71056. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve a waiver pursuant to CMA #5311(M), to authorize the Parks and Recreation Director's participation and service as a member of the Early Learning Coalition of Southwest Florida, Inc. Board of Directors. 2) Recommendation to approve and authorize the Chairman to sign seven (7) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer Page 10 June 28, 2011 previously approved deferral agreements from Habitat for Humanity to owner occupants with a continuing fiscal impact of$100,355.46. 3) Recommendation to approve and authorize the Chairman to sign one (1) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling unit that have been repaid in full. 4) Recommendation to approve and authorize the Chairman to sign an amendment to the 2009 Community Development Block Grant- Recovery (CDBG-R) Subrecipient Agreement with the City of Naples to be used towards landscaping improvements. 5) Recommendation to approve and authorize the Chairman to sign an amendment to the 2010-2011 Community Development Block Grant (CDBG) Subrecipient Agreement with the City of Naples in the amount of $120,434 in order to incorporate revisions to the original Subrecipient Agreement and complete improvements to Anthony Park. 6) Recommendation to approve the Memorandum of Understanding between the Retired and Senior Volunteer Program (RSVP) and its Participating Agencies (Volunteer Stations), endorse the standard form agreement and authorize the Housing, Human and Veteran Services Department Director to be the designated signatory to execute said document. 7) Recommendation that the Board of County Commissioners provide after-the- fact approval of the amendments between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., which reflects additional grant funding in the amounts of $60,000 for the Community Care for the Elderly (CCE) program and $8,668 for the Alzheimer's Disease Initiative (ADI) program for FY 10-11. 8) Recommendation to approve and authorize the Chairman to sign Amendment # 1 for three (3) subrecipient agreements to the State of Florida, Department of Children and Families (DCF) 2011 Challenge Grant approved by the Board on March 8, 2011 (Item #16D4). Page 11 June 28, 2011 Amendment # 1 will allow for a full description of the DCF grant terms and conditions. 9) Recommendation to approve and authorize the Chairman to sign an amended Administrative Plan and Resolution for operating the Neighborhood Stabilization Program to conform with revised and newly issued rules, regulations, and guidance from the U.S. Department of Housing and Urban Development resulting from the enactment of the Wall Street Reform and Consumer Protection Act of 2010. 10) Recommendation to approve budget amendments for the Museum totaling $83,725.04 to recognize tourist development tax revenue received as a result of a class action lawsuit brought against on-line travel agencies for $62,441.04 and other miscellaneous revenues for $21,284 and appropriate funds for museum capital improvements. 11) Recommendation to approve the extension of the U.S. Department of Housing and Urban Development (HUD) entitlement FY 2010-2011 grant periods for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) by ninety days thereby changing the FYI0-11 fiscal period from July 1,2010 through June 30, 2011 to July 1,2010 through September 30, 2011, authorize the continued payment of grant expenditures, and change future fiscal periods for these grants to begin on October 1st and end on September 30th. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve Amendment No. 06 to the Agreement with Collier County District School Board for the Driver Education Program to provide $196,200 in funding. 2) Recommendation to adopt a Resolution and approve a Lease Agreement with United States Senator Marco Rubio for use of County-owned office space during his initial term for annual revenue of $4,200. Page 12 June 28, 2011 3) Recommendation to authorize the Chairman to execute a letter to the South Florida Water Management District (SFWMD) giving Century Oil Inc., LLC permission to apply for a water use permit within the Caracara Prairie Preserve. 4) Recommendation to conduct the Conservation Collier Annual Public Meeting to provide the Board of County Commissioners and public with an update on the Program's past activities. 5) Recommendation to approve a modification to the budget of the Energy Efficiency and Conservation Block Grant (EECBG) funded by the American Recovery and Reinvestment Act (ARRA), authorize the County Manager, or his designee, to reallocate the funding within the Board approved grant budget as necessary, and authorize the necessary budget amendments. The proposed modification reallocates budgeted funds from a traffic signalization activity and administrative costs to complete lighting retrofits in several county buildings. 6) Recommendation to approve the Pepper Ranch Preserve Final Management Plan under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the plan. 7) Recommendation to approve a Final Management Plan for the Gordon River Greenway Preserve under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the plan. 8) Recommendation to approve a Final Management Plan for the Shell Island Preserve under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the plan. 9) Recommendation to approve a Right-of-Way Consent Agreement and Memorandum of Right-of- Way Consent Agreement from Florida Power & Light Company for access on, over and across a portion of Calusa Bay South property located off Goodlette Frank Road in Naples, Florida at an estimated cost not to exceed $50, Project Page 13 June 28, 2011 Number 70062. 10) Correct Scrivener's error in bid tabulation for ITB No. 10-5573 "Traffic Sign Materials and Related Items". F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve two (2) Contractual Service Agreements between Collier County and the East Naples, and Golden Gate Fire & Rescue Districts to provide fire protection and rescue services within the Collier County Fire Control District at a budgeted cost of $175,200. 2) Recommendation to approve a Memorandum of Understanding between Collier County and the Florida Division of Emergency Management in support of the placement and use of a Resource Logistics Support Trailer. The trailer will be for shared use in the County and for other emergency situations in the region. 3) Recommendation to approve and authorize the Chairman to sign an Agreement accepting the annual Emergency Management Preparedness and Assistance Grant, in the amount of$91,805, to update the Strategic Housing Plan and to authorize the necessary budget amendment. 4) Recommendation that the Board of County Commissioners award Bid #11-5704 for the amount of$685,605 for Pelican Bay Community Crosswalks to Bateman Contracting, LLP and to approve a budget amendment in the amount of $116,400. Source of funds is assessment revenue paid by District property owners within the MSTBU. 5) Report to the Board of County Commissioners covering budget amendments impacting reserves in an amount totaling $25,000 or less. 6) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010-11 Adopted Budget. Page 14 June 28, 2011 G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting as the Airport Authority, approve and authorize the Authority's Executive Director to execute the attached tie-down standard agreements for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport. 2) Recommendation to approve attached Concessionaire Agreement between the Collier County Airport Authority and Marco Aviation Inc. for Specialized Aviation Service Operations at the Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating July 25,2011 as The Edgerrin James Foundation Football Day in Immokalee. Sponsored by Commissioner Coletta. 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended EDC 2011 Post-Legislative Delegation Luncheon at The Grill Room, Moorings Park, Naples, FL on May 25, 2011. $15 to be paid from Commissioner Coletta's travel budget. 3) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Collier Building Industry Association's Membership Meeting on June 16, 2011 at Olde Cypress on Immokalee Road, Naples, FL. $16 to be paid from Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Advisory board minutes to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Page 15 June 28, 2011 1) To obtain Board approval for disbursements for the period of May 28, 2011 through June 3,2011 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of June 4, 2011 through June 10, 2011 and for submission into the official records of the Board. 3) Recommendation that the Board of County Commissioners serve as the local coordinating unit of government for the Florida Department of Law Enforcement's Federal Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide Program and authorize the Chairman to execute the Certification of Participation, designate the Sheriff as the official applicant, Sheriffs office staff as grant financial and program managers, approve the grant application in the amount of$138,940 when completed, and authorize acceptance of awards and associated budget amendments. 4) Recommendation that the Board concur with the Clerk's intent to issue a request for proposal for the implementation of an accounts payable improvement solution for SAP and authorize use of existing funds in FY20 11 and tentatively budgeted FY 2012. 5) To obtain Board approval for year two (2) of Contract #09-5270, "Auditing Services for Collier County", with Ernst and Young LLP, in order to provide for Fiscal Year 2011 external audit and authorize corresponding payment of $592,250 for services. K. COUNTY ATTORNEY 1) Recommendation to Approve Agreed Order Awarding Expert Fees and Costs in the Amount of$73,268.63 for the Acquisition of Parcel III in the Lawsuit Styled Collier County v. NB Holdings Corporation, et aI., Case No. 06-0658-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $73,268.63) 2) Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount Page 16 June 28, 2011 of $80,400 for acquisition of Parcels 838A and 838B and for all counter-claims of Respondent in the lawsuit styled Collier County v. Nancy L. Johnson Perry, et aI., Case No. 03-2373-CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $16,400). 3) Recommendation to approve a Settlement Agreement among all parties in the case styled Burgeson v. Collier County, et aI., Case No. 2:09-CV-220-FTM-99-DNF, now pending in the United States District Court for the Middle District of Florida, Fort Myers Division. 4) Recommendation to authorize the County Attorney to file a lawsuit, including injunctive relief, on behalf of the Collier County Board of County Commissioners, against Flamingo Bend Nursery, Inc., regarding Code Enforcement Violations for illegal dumping, digging for irrigation permits without obtaining County permits and for illegal dumping upon a separate parcel of property. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDA TION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDA TION 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 hearine: be held on this item. all participants are required to be sworn in. SV-PL2010-1995, Walmart, a Resolution of the Board of Zoning Appeals of Collier County, Florida, granting a variance from Section 5.06.04.F.4 of the Land Development Code concerning the number of permissible wall signs and granting a variance from Section 5.06.04.F.4.a concerning the maximum sign display area, which signs are located at 9885 Collier Boulevard in Section 3, Township 50 South, Range Page 17 June 28, 2011 26 East, Collier County, Florida. B. This item requires that ex parte disclosure be provided bv Commission members. Should a hearine: be held on this item. all participants are required to be sworn in. PUDZ-PL2009-2496: Emmanuel Evangelical Lutheran Church - An ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Estates (E) zoning district to a Community Facilities Planned Unit Development (CFPUD) zoning district for the project known as Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD, to allow 90,000 square feet of uses to include worship/church and related social services, a 300 person child and adult day care facility, job training and vocational rehabilitation, a 450 person private school; or, in the alternative, development of single family residential dwelling units, located on the south side of Oil Well Road, in Section 19, Township 48 South, Range 28 East, Collier County, Florida, consisting of 21.72+/- acres subject to conditions; and by providing an effective date. C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2010-11 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 18 June 28, 2011 June 28, 2011 MR. SHEFFIELD: Mr. Chair, you have a live mike. CHAIRMAN COYLE: Ladies and gentlemen, the meeting of the Board of County Commissioners is now in session. Would you please stand for the invocation by Reverend Charles McCracken from the Naples Alliance Church. MR. McCRACKEN: Would you join me in prayer. Almighty God, you said in your book that righteousness exalts a nation, but sin is a reproach to any people. And, Lord, as part of this great nation, we in Collier County would far rather be exalted than reproached. And so we ask you today to guide our commissioners and their staffs and those who bring business before this committee, give us the wisdom to know what is righteousness and then the courage to do it. I ask this in the name of the Lord Jesus with thanks, amen. CHAIRMAN COYLE: Please remain standing for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Okay. Thank you very much. One thing I would like to ask all of us to do is to keep the granddaughter of Commissioner Fiala in your prayers today. She was seriously injured in an accident last night. So we'd appreciate it if you would include her in your prayers. Let's go with the modifications to the agenda, County Manager. MR. OCHS: Thank you, Mr. Chairman. Good morning, Commissioners. Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: These are the changes for the Board of County Page 2 June 28, 2011 Commissioners' meeting of June 28, 2011. First item is a staff request to withdraw Item 1 OF. It was a recommendation to approve a resolution establishing an outdoor burning ban. That has been requested for withdrawal by staff based on an email received from Chief Metzger representing the Collier County Fire Chiefs Association yesterday. COMMISSIONER COLETTA: Question? CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER COLETTA: Yeah, sir. We're going to have quite an expansive summer where the commission won't be available in case we have a sudden reversal of the rains. Is there a possibility that my fellow commissioners may wish to keep this on there and designate that if so necessary, that the County Manager would be able to institute it? My fear is is that we're going through a temporary recurrence of the raining season, but if it suddenly disappears and we're not available to institute a burn ban, it could raise a problem in July or August. MR. OCHS: Commissioner, we have an ordinance in place that establishes a protocol for action taken by either the Chair or Vice-Chair or members of the commission and, ultimately, the Clerk of the Court in the event of an emergency. So I think we're very well covered, Commissioner, in the event we would need to do that in the board's absence. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: Okay. Thank you. MR.OCHS: Next item is to move Item 16Bl; it will become Item 13A on your agenda under CRAs. It's a recommendation for the board, acting as the CRA, to approve the relocation of the Immokalee CRA office. That item is moved at Commissioner Henning's request. Next change is to move Item 16E7 from your consent agenda to become Item lOG. It's a recommendation to approve the final Page 3 June 28, 2011 management plan for the Gordon River Greenway preserve. That item is moved at Commissioner Henning's request. Next change is to move Item 16A2 to become 10H on the regular agenda. It's a recommendation to approve the purchase of five acres unimproved property which would be required for the construction of stormwater detention and treatment for the Phase II of the Vanderbilt Beach Road extension project. That item is moved at Commissioner Hiller's request. Next change is to move Item 16Dl from the consent agenda to become Item 101. It's a recommendation to approve a waiver to authorize parks and recreation director's participation in service as a member of the Early Learning Coalition of Southwest Florida. That item is moved at both Commissioner Hiller and Commissioner Coyle's separate request. Next change is to move Item 16E3 to become 10J on the regular agenda. It's a recommendation to authorize the chairman to execute a letter to the South Florida Water Management District giving Century Oil, Incorporated, permission to apply for a water use permit within the Caracara Prairie Preserve. That item is moved at Commissioner Hiller and Commissioner Coyle's separate request. Next change is to move Item 16A9 from the consent agenda to become Item 10K on your regular agenda. It's a recommendation to authorize the use of the newly adopted warehouse road impact fee rate for the United Materials, Incorporated, expansion project. That item is moved at Commissioner Hiller's request. The next change is to move Item 16E4 from the consent agenda to become Item 10L on your regular agenda. It's a recommendation to conduct the Conservation Collier annual public meeting. That item is moved at Commissioner Coyle's request. We have two agenda notes this morning, Commissioners. Item 16A 1 should have the preface that this item requires that ex parte disclosure be provided by commission members. Should a hearing be Page 4 June 28, 2011 held on this item, all participants are required to be sworn in. That addition is made at the staffs request. And, finally, Item 16Cl, the resolution in the printed agenda packet shows the year 2010 and reads as follows: Resolution No. 2011-blank, Resolution No. CW2010-blank (sic), and it should read -- the corrected year should be 2011, and the 2010 -- CWS-20 1 0 should be replaced with CWS-20 11. There's no material change to the resolution itself. CHAIRMAN COYLE: Okay. MR. OCHS: Just a correction on the year. Finally, Commissioners, there are four time-certain items in your agenda this morning. Item lOA on the Arthrex economic incentives is scheduled to be heard at 11 a.m. At 12 noon the board will convene in a shade session to discuss potential litigation. That's at noon; it's Item l1A. Item lIB is a report out from the board of that shade session at 1 p.m. Then immediately after at 1:05 you will hear Item 9D. And those are all the changes I have, Mr. Chairman. CHAIRMAN COYLE: Okay. Thank you very much, County Manager. County Attorney, do you have any changes? MR. KLA TZKOW: No. But just as a reminder, when you're approving the consent agenda, it's the recommendation of the county attorney that Commissioner Henning abstain on Item 16K3 involving the Burgeson settlement, since he was a party. CHAIRMAN COYLE: Okay, good. Thank you very much. And I just would like to make one brief announcement to make sure that those people who were here expecting to speak on the transportation disadvantaged program understand that this item is on the consent agenda, and what it is doing is actually approving the funding for the remainder of this fiscal year and directing staff to evaluate alternatives for the next fiscal year, which will be the result of subsequent hearings. Page 5 June 28, 2011 So is there anyone here who had anticipated speaking on this issue? Okay. Good. (No response.) CHAIRMAN COYLE: Then we will continue with ex parte disclosure and any further agenda changes by commissioners, and we'll start with Commissioner Henning this morning. COMMISSIONER HENNING: I received correspondence from planning staff to the Planning Commission on Items 17 A and B, and I am abstaining on 16K3, as the county attorney's recommendations. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Coletta? COMMISSIONER COLETTA: Yes. On the summary agenda, Item 17B, I've reviewed staff reports and had correspondence; 17 A, reviewed the staff report; and no disclosures for AI, 16A 1; and I have no changes to the agenda. CHAIRMAN COYLE: Okay. Thank you very much. And I have reviewed staff reports for 17 A and 17B, and I have no further ex parte disclosure, and I have no additional changes to the agenda. Commissioner Hiller? COMMISSIONER HILLER: I have no disclosure for 16Al. I have staff reports for 16A and -- sorry -- 17 A and B, and meetings on 8A. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have received correspondence on Items No. 17A and 17B, and I would also like to ask the other commissioners if I could add just one simple thing to the agenda, and that is a proclamation that I would like to read to the Marco Island people for the honor that they received last night. We just found out that -- about this last week. It was way after the agenda was printed. Page 6 June 28, 2011 But I have the chairman of the city council here in the audience with me, along with the fire chief. So if you would permit me, I would appreciate that. CHAIRMAN COYLE: You want to add that to the agenda -- COMMISSIONER FIALA: Yes, sir. CHAIRMAN COYLE: -- under proclamations. COMMISSIONER FIALA: Yes, sir. MR. OCHS: It would become Item 4D, Commissioners. CHAIRMAN COYLE: Okay. Very well. All in favor of-- COMMISSIONER HENNING: Mr. Chairman, I make a motion that we approve today's agenda as amended. CHAIRMAN COYLE: Okay, very well. Thank you. A motion to approve today's agenda as amended by Commissioner Henning -- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: -- second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Page 7 Agenda Changes Board of County Commissioners Meeting June 28, 2011 Withdraw Item 10F: Recommendation to approve a Resolution establishing an outdoor burning ban in the unincorporated areas of Collier County in accordance with Ordinance No. 2009-23, the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance. (Staff's request) Move item 16Bl to Item 13A: Recommendation for the Board of County Commissioners (BCC), acting as the Community Redevelopment Agency (CRA), to approve the relocation of Immokalee CRA Office, approve the master lease with Barron Collier Partnership, LLLP, and authorize the Chairman to sign the master lease agreement. (3120 15th Street North, Unit 2, Immokalee). (Commissioner Henning's request) Move Item 16E7 to Item lOG: Recommendation to approve a Final Management Plan for the Gordon River Greenway Preserve under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the plan. (Commissioner Henning's request) Move Item 16A2 to Item 10H: Recommendation to approve the purchase of five (5) acres of unimproved property which will be required for the construction of a stormwater detention and treatment pond for Phase II of the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact: $50,450) (Commissioner Hiller's request) Move Item 16Dl to Item 101: Recommendation to approve a waiver pursuant to CMA #5311(M), to authorize the Parks and Recreation Director's participation and service as a member of the Early Learning Coalition of Southwest Florida, Inc. Board of Directors. (Commissioner Hiller and Commissioner Coyle's separate requests) Move Item 16E3 to Item 10J: Recommendation to authorize the Chairman to execute a letter to the South Florida Water Management District (SFWMD) giving Century Oil Inc., LLC permission to apply for a water use permit within the Caracara Prairie Preserve. (Commissioner Hiller and Commissioner Coyle's separate requests) Move Item 16A9 to Item 10K: Recommendation to authorize the use of the newly adopted "Warehouse" Road Impact Fee rate for the United Materials, Inc. expansion project, if the Building Permit for the proposed construction is applied for prior to the effective date of September 1, 2011 for the new/revised land use rates. (Commissioner Hiller's request) Move Item 16E4 to Item 10L: Recommendation to conduct the Conservation Collier Annual Public Meeting to provide the Board of County Commissioners and public with an update on the Program's past activities. (Commissioner Coyle's request) Note: Item 16AI: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. (Staff's request) Item 16CI: The Resolution in the printed agenda packet shows the year 2010 and reads as follows: Resolution No. 2011- _/Resolution No. CWS-2010-_. The corrected year should be 2011 and should read: Resolution No. 2011_/Resolution No. CWS-2011-_. (Staff's request) Time Certain Items: Item lOA to be heard at 11:00 a.m. Item IIA to be heard in the shade at 12:00 noon Item lIB to be heard at I :00 p.m. Item 9D to be heard at I :05 p.m. 6/28/2011 8:42 AM June 28, 2011 Item #2B and 2C MINUTES FROM THE MARCH 8, 2011 BCC CLOSED-SESSION AND THE MAY 24, 2011 BCC/REGULAR MEETING- APPROVED AS PRESENTED CHAIRMAN COYLE: Now we have the March 8, 2011, BCC closed-session minutes and the May 24,2011, BCC Regular Meeting Minutes to be approved. Are there any changes to those minutes? COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Motion to approve -- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: -- by Commissioner Coletta, second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. That brings us to service awards, County Manager. MR.OCHS: Yes, sir. Commissioners, are you going to join us in front of the dais, please. CHAIRMAN COYLE: Sure. MR.OCHS: Thank you. Commissioners, this morning we're recognizing three employees Page 8 June 28, 2011 for outstanding dedicated years of service to Collier County Government. Item #3A SERVICE AWARDS -25 YEAR ATTENDEE: VICKIE WILSON PARKS AND RECREATION - PRESENTED MR. OCHS: The first awardee celebrating 25 years of service is Vickie Wilson from parks and recreation. Vickie. (Applause.) MR. OCHS: She brought her own cheering section today. How is she going to hold all that? CHAIRMAN COYLE: Vickie, congratulations. Thank you very much for 25 years of service. MS. WILSON: Thank you. COMMISSIONER FIALA: Congratulations. COMMISSIONER HILLER: Congratulations. MR. OCHS: Get your photo, Vickie. Got to get a photo. COMMISSIONER FIALA: You get your picture and everything. You can hold those things up, even. COMMISSIONER COLETTA: Can I hold the frog for you? CHAIRMAN COYLE: Higher, Commissioner Coletta. MR. OCHS: Great. (Applause.) Item #3B SERVICE AWARDS - 30 YEAR ATTENDEES: MILLIE KELLEY, WASTEWATER AND JOSEPH CORBO, ROAD MAINTENANCE - PRESENTED Page 9 June 28, 2011 MR. OCHS: Commissioners, we have two employees celebrating 30 years of service this morning. Our first awardee, 30 years of service for Millie Kelley from our wastewater department. (Applause.) CHAIRMAN COYLE: Congratulations. Thank you very much for your years of service. COMMISSIONER COLETTA: Thank you for your years of . serVIce. COMMISSIONER FIALA: Thank you for 15, then 25, now 30. Isn't it wonderful? Thank you so much. MS. KELLEY: Thank you. (Applause.) MR. OCHS: Congratulations, thank you. Commissioners, also celebrating 30 years of service with county government this morning, Joe Corbo from road maintenance. Joe. (Applause.) CHAIRMAN COYLE: Joe, how are you doing? Thank you very much. Appreciate your service. COMMISSIONER COLETTA: Thanks for your years of . servIce. COMMISSIONER HENNING: Thanks. COMMISSIONER FIALA: Looks like you need a watch, too. COMMISSIONER HILLER: Congratulations. COMMISSIONER FIALA: Thank you so much. MR. OCHS: Congratulations. Commissioners, that concludes our service awards this morning. Thank you. Item #4 PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) Item #4A Page 10 June 28, 2011 PROCLAMATION DESIGNATING JUNE 28,2011 AS DEAN R. LIND DAY. ACCEPTED BY DEAN R. LIND - ADOPTED MR.OCHS: Mr. Chairman, that takes you to Item 4 on your agenda this morning, proclamations. 4A is a proclamation designating June 28, 2011, as Dean R. Lind Day, to be accepted by Dean R. Lind. And this item is sponsored by Commissioner Coletta. Mr. Lind, please come forward to receive your award. (Applause.) COMMISSIONER COLETTA: Dean, thank you so much for being here. MR. LIND: Commissioner Coletta, thank you very much. CHAIRMAN COYLE: Congratulations. Thank you. COMMISSIONER COLETTA: We appreciate all that you have done all these years for the community. Let's get a picture with everyone. If you don't mind, turn the proclamation facing the camera. MR. LIND: They won't be able to read it. COMMISSIONER COLETTA: You know, you're the first one that caught that. In all these years, you're the first one. MR. OCHS: Fantastic. Congratulations, Mr. Lynn. COMMISSIONER COLETTA: Leo, would you give him the mike, the portable mike over there. MR. OCHS : Yes, sir. COMMISSIONER COLETTA: Okay. You got it. Okay, good. MR. LIND: Thank you, thank you. Geez, I want to thank all of you for being here. It's really a pleasure to be in Collier County and work with a fine government here. I've been involved in St. Matthew's House for close to 20 years now, and it's been a true pleasure of my life. I get to do what I wanted to do. In retirement I did what somebody told me. Now I'm doing what I want to do and what really touches my heart, and that's helping Page 11 June 28, 2011 those that are less fortunate. And being here, working with a county which does the same thing, is a pleasure for me. I hope you continue all the good work and, as a spokesman for St. Matthew's House, we can continue to have a working relationship to help the folks that really need help. Thank you very much. (Applause.) Item #4B PROCLAMATION DESIGNATING JUNE 28, 2011 AS THE HOME DEPOT AND THE PROJECT VOLUNTEERS APPRECIATION DAY FOR THEIR SELFLESS CONTRIBUTIONS TO THE EAGLE LAKES COMMUNITY PARK, ACCEPTED BY DANIEL ZURBRIGG AND HEATHER PIGARD - ADOPTED MR.OCHS: Item 4B is a proclamation designating June 28, 2011, as the Home Depot and the Project Volunteers Appreciation Day for their selfless contributions to the Eagle Lakes Community Park. This proclamation to be accepted by Daniel Zurbrigg and Heather Figard, sponsored by Commissioner Fiala. Please come forward and receive your proclamation. Thank you. (Applause.) COMMISSIONER FIALA: You guys were just wonderful. Thank you so much for all you did. You made a difference. CHAIRMAN COYLE: Thank you very much. COMMISSIONER FIALA: Oh, let me just tell you -- thank you very much, Commissioner Coyle. These wonderful people saw a need at Eagle Lake Community Park -- Eagle Lakes Community Park, excuse me. Didn't have benches for the parents to watch their children play. They didn't have Page 12 June 28, 2011 any kind of shade structure to protect them at times when the sun is really hot and so forth. And so they came in on their own, sought a grant from somebody to buy the supplies, brought their -- brought people in not only from the Home Depot here in Collier County, but also went into Lee County. MR. ZURBRIGG: Charlotte County as well. COMMISSIONER FIALA: Charlotte County as well. They all came down and pitched in for two days and built all of these things that were so needed at Eagle Lakes Community Park and made a tremendous difference in, actually, the people that use that park. And I want to thank you so much. And they gave unselfishly. They never expected to get this. So I thank you for everything that you've done. Thank you. (Applause.) CHAIRMAN COYLE: Let's get a picture. Okay. Thank you. (Applause.) MR. OCHS: Commissioners, I understand the family that was going to receive the proclamation under 4C is not here yet, so with the board's indulgence let's move to 4D and give a few more minutes for the family to show up. Item #4D PROCLAMATION DESIGNATING JUNE 28, 2011 AS BEAUTIFUL MARCO ISLAND DAY, ACCEPTED BY VARIOUS REPRESENTATIVES FROM MARCO ISLAND - ADOPTED MR.OCHS: That would take us to Item 4D, which was the add-on item this morning. It's a proclamation declaring Beautiful Marco Island Day, and I'll turn this one to Commissioner Fiala for the introductions of those that will be accepting the proclamation. COMMISSIONER FIALA: Very good. Come on, Mike, you Page 13 June 28,2011 too. We have the president for the city council, and that's -- is it Chairman of the City Council? MR. GIBSON: Chairman. COMMISSIONER FIALA: Chairman, Jerry Gibson, and the Fire Chief from Marco Island, Mike Murphy, and my Kiwanis pal as well. MR. GIBSON: He's our acting City Manager as well. COMMISSIONER FIALA: Oh, is he? MR. OCHS: He got a promotion. COMMISSIONER FIALA: Thank you so much. And, Jerry, I gave the other one away last night. We didn't -- and I wasn't supposed to do that. And so this one doesn't have the seal on it yet, but this guy over here is going to make sure it gets the seal and is done up right. MR. GIBSON: I'll put my hand over it. COMMISSIONER FIALA: Okay. And what this award is for, folks, is that Marco Island has been named one of the six -- I should say -- should I say contestants or -- MR. GIBSON: Finalists. COMMISSIONER FIALA: Pardon me? MR. GIBSON: Six finalists. COMMISSIONER FIALA: -- finalists to become the most beautiful city in the United States of America. And we will find out the results on that the end of July, I believe. MR. GIBSON: Correct. COMMISSIONER FIALA: But the people that were here yesterday were taking a look at it, and I think they were awestruck to see the beauty -- to behold the beauty on Marco Island. So thank you very much, gentlemen. MR. GIBSON: Thank you. MR.OCHS: Congratulations. (Applause.) COMMISSIONER COLETTA: A little closer. You two are Page 14 June 28, 2011 friends, aren't you? MR. MURPHY: He's an elected, and I'm a city manager. MR. GIBSON: Thank you all so much. (Applause.) Item #4C PROCLAMATION DESIGNATING JUNE 28, 2011 AS SGT. LINDA PIERRE DAY, ACCEPTED BY F AMIL Y MEMBERS OF SGT. PIERRE - ADOPTED MR. OCHS: Commissioners, Item 4C this morning is a proclamation designating June 28, 2011 as Sergeant Linda Pierre Day, to be accepted by family members of Sergeant Pierre, namely Cindy Watson, sister; Jean Lamour, father; David Lamour, brother; Will-Rose Etienne, cousin. And I know that Commissioner Coletta would like to read this proclamation. If we would ask you to please come forward and accept the proclamation as it's read. Just come on up and face the audience, please. COMMISSIONER COLETTA: Thank you so much for traveling here today. I don't think we're ever going to reach a point in life that we can honor the sacrifice that was made by your daughter and -- enough. And so this is one more attempt by the community to reach out to you. Whereas, on April 16, 2011, while supporting Operation Enduring Freedom in Afghanistan, Sergeant Linda Pierre, at the age of 28, gave her life, alongside with four other soldiers in the service of her country; and, Whereas, Sergeant Pierre was part of the Collier County family, being a 2001 graduate from Immokalee High School and attended Edison State College in Lee County for two years where she studied Page 15 June 28, 2011 premed and was enrolled in Columbia Southern University, on-line university, pursuing a criminal justice degree; and, Whereas, Sergeant Pierre joined the army in 2004 at the age of 21 knowing she was going to fight for her country and wanted to be deployed to Afghanistan to aid the battle on terrorism; and, Whereas, while in the army, Sergeant Pierre was assigned to the 101 Special Troops Battalion, 101 Supplemental (sic) Brigade, and 101 Airborne Division, Ft. Campbell, Kentucky; and, Whereas, Sergeant Pierre was on her first deployment oversees where she served as a human resource specialist helping train Afghan soldiers and was also engaged in carrying out foot patrols; and, Whereas, today in Collier County and across the state and the country we live out the joys and tribulation that life offers and yet amidst us are our families we should honor who have daughters, sons, wives, and husbands, protecting our great nation by putting themselves in harm's way and too often, as with Sergeant Pierre's family, experiencing the grief of loss; and, Whereas, we extend our thanks and gratitude to the family and friend (sic) members of Sergeant Linda Pierre for her service and selfless sacrifice for our freedom; Whereas, the army soldier creed is: "I am an American soldier. I am a warrior and a member of a team. I serve the people of the United States and live the army values. I will always place the mission first. I will never accept defeat. I will never quit. I will never leave a fallen comrade. "I am disciplined physically and mentally, tough, trained, and proficient in my warrior task and drills. I will always maintain my arms, my equipment, and myself. I am an expert, and I am a professional. I stand ready to deploy and engage and destroy the enemy of the United States of America in close combat. I am a guardian of freedom and the American way of life. I am an American soldier. " Page 16 June 28, 2011 Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that on -- June 28,2011, be designated as Sergeant Linda Pierre Day. Done and ordered this, the 28th day of June, 2011, and signed by our commissioner, Fred Coyle. And thank you so much for your sacrifices and for all the contributions that your family has made to making this country so great. And also, while I have everybody's attention, I'd like to draw attention to a special scholarship fund that's been set up in the name of Sergeant Pierre that will be a living memorial for her for years to come. You can contribute to this fund at Bank of America or by sending checks directly to Tim Nance, Treasurer, P.O. Box 990129, Naples, Florida. Thank you, again, for what you -- all the service that your daughter gave us. (Applause.) COMMISSIONER COLETTA: Would a member of the family -- oh, go ahead. We've got to get a picture first. Would somebody like to say a few words? MS. WATSON: On behalf-- COMMISSIONER COLETTA: Oh, I'm sorry. You have to use the mike, or we won't be able to pick it up on the public record. MS. WATSON: My name is Cindy Watson. On behalf of our entire family, we'd like to say thank you for everything that you've done to honor my sister's memory. She would have been extremely proud of everything, an outpouring of emotion and just everything. So thank you. (Applause.) MR. OCHS: Commissioners, may I have a motion to accept the proclamations this morning. Page 1 7 June 28, 2011 COMMISSIONER COLETTA: So moved. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta to accept the proclamations, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion carries unanimously. Item #5A PRESENTATION BY THE NATIONAL WEATHER SERVICE DECLARING COLLIER COUNTY STORM READY - PRESENTED MR.OCHS: Commissioners, 5A is a presentation by the National Weather Service declaring Collier County "Storm Ready." CHAIRMAN COYLE: Okay. MR. OCHS: Mr. Summers will make the introductions. CHAIRMAN COYLE: Okay. Is Mr. Summers going to make the introductions? MR. MOLLEDA: Good morning. I'm Robert Molleda. I'm the Warning Coordination Meteorologist with the N ational Weather Service, Miami Forecast Office. MR. SANTOS: Good morning. I am Pablo Santos. I am the Meteorologist in charge of the National Weather Service Office in Miami. Page 18 June 28, 2011 I am -- we are co-located with the Hurricane Center in Miami, on the campus of Florida International University. And I am very much pleased to be here today to recertify Collier County as storm ready. That program started back as a grassroots program in Oklahoma in 1999. And what it means is that it is a certification of the county that the resources are in place and the operations are ready to handle any emergencies. You know, it might be thunderstorms, floodings, wire fires and, of course, hurricanes. And this being the beginning of the hurricane season just a few weeks ago, it's good to know that your county is, indeed, ready. And so without any thinking -- without taking any more time, we have your storm ready certification right here. It is valid for another three years, from 2011 to 2014. I might add to that that actually Collier County was the first county in South Florida to be certified as storm ready back in 2002. And since then, it has got recertified every three years, 2005, 2008, and now 2011. This is something definitely to be proud about. It is good for the community to know that their County Emergency Management is ready for any sort of hazard, weather-related hazard that might come your way. So congratulations. CHAIRMAN COYLE: Thank you very much. Appreciate it. (Applause.) MR. SUMMERS: Thank you very much. I'm sure we'd like to get a picture, if you don't mind. I'd like to have pictures of the forecasters as we go into hurricane season, just in case their predictions are off. CHAIRMAN COYLE: So we'll know who to blame, right? You're going to join them, right, Dan? MR. SUMMERS: Yes, sir. CHAIRMAN COYLE: Okay, good. Higher, Dan. MR. OCHS : We'll send you copies of ours. Page 19 June 28, 2011 CHAIRMAN COYLE: You should always have a supply of batteries for hurricane season. (Applause.) CHAIRMAN COYLE: Thank you very much. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Good seeing you. Thank you for . comIng. MR. SUMMERS: Thank you. CHAIRMAN COYLE: Thank you, Dan. MR. SUMMERS: Thank you, ma'am. COMMISSIONER HILLER: Thank you. MR. SUMMERS: Commissioners, thank you. One of the -- Dan Summers. One of the things that is so very important is to continue to stress to our residents the importance of the NOAA Weather Radio. That tone-alert weather radio allows us to get emergency information. We have those in all critical facilities and schools, and that is an invaluable device for us for our ongoing alert notification. I'd like to thank also our many partners that help us in this certification effort, and a special thanks to Rick Zyvoloski in our staff who manages this program full time and makes sure that we're ready 24/7. Thank you very much. CHAIRMAN COYLE: Thank you, Dan. Appreciate your preparedness. Item #5B PRESENTATION BY SCORE ON THE "BUSINESS IMPACT 2011" PROGRAM, PRESENTED BY CHICK HEITHAUS AND GEORGE AHEARN - CHAIRMAN TO WRITE LETTERS OF SUPPORT - CONSENSUS Page 20 June 28, 2011 MR. OCHS: Commissioners, 5B is a presentation by SCORE on the Business Impact 2011 Program, to be presented by Chick Heithaus and George Ahearn. This item brought to the board by Commissioner Coletta. Good morning, sir. MR. HEITHAUS: Good morning. Good morning, Commissioners. I need a little hand here getting my video. This is worth putting up. It will keep me on time. While we're getting loaded up, I'll just tell you that the reason we're doing this is because somebody's going to stop you and thank you, I think. We have had, over the last two years, about 400 Collier County businesses benefit from the program that, with little luck, I'll show you here. We started two years ago; 2009 was the first year. It was an idea that started actually with Commissioner Coletta. The idea was that in the really terrible economic downturn that we were experiencing at that time, if we could do something to provide some help, some counseling for Collier County businesses, that that would be good. So -- wonderful. Thank you. So we did. Here it is. We called it -- I forget what we called it in 2009, but we've gotten a little fancier with the graphics and a little fancier with the title, and we've gotten a little better with the team. It was just SCORE and Larry Ray's people the first year at the Tax Collector's Office. We had such a good response that we knew we needed some help, so we reached out to the SBDC, Dan Regelski, who is known to most of you. And last year we partnered up with them. SBDC, as you can see up here, is one of our -- one of the team that makes us work. The responses actually go back to them for tallying and sorting and tracking. Collier County Tax Collector's very involved. Debbie Deblasie Page 21 June 28, 2011 has been a terrific help, along with Larry Ray. This doesn't cost the county anything. It doesn't cost the business people anything. It costs us to print. We get a really nice price for the printing from The Print Shop. That's their plug. And Barron Collier Companies, under Blake Gable, paid that bargain price for the printing. The objective -- everybody who gets this mailing is in business, so our objective is business retention, to stabilize employment, and creates job growth. The way we do it is we promote business growth through face to face business counseling. SBDC and SCORE are both offering free services, unlimited, to Collier County businesses who ask for it. Some of you have personally or through relatives benefited from that counseling, and I think that's one of the reasons we get such nice support from just about all of you up there, and we appreciate that, too. SCORE, very briefly, is 58 volunteers now. All of them entrepreneurs, corporate officers, men and women, employed, retired. It's a wonderful group to be in charge of, which I have the honor to be. The SBDC is -- employs ten certified business analysts who cover five counties, including Collier. Their strength is in academic approach to business counseling. Ours is in terms of having been there and experienced it. The technique, very briefly; again, this is so that when they say "thank you," you'll know what happened. What happened is the 30,000 license and permit renewals beginning about now are getting mailed out through the summer. Every one of them will have this card in it. This card asks the recipient if they are interested in having some face-to- face help from counseling, from either SBDC or SCORE. And, again, we've had about 400 of these returned. They're returned to the SBDC business reply box. They're tallied into an Excel Page 22 June 28, 2011 program. We assign them within 24 hours to a counselor. We telephone and take care of them. The benefit is obvious. I'm not going to read you the slide. And that is it. And I really appreciate your participation in this. The saddest thing that ever happens as a SCORE volunteer is when somebody comes in and says, boy, I'm in this terrible, awful mess. Can you help me get out of it? And I realize that if we had just spent a little more making people aware that we were there, they wouldn't have gotten in the mess in the first place. So thank you. CHAIRMAN COYLE: Good. Thank you very much. I appreciate it. And, Commissioner Coletta, who has been a leader in this area for a number of years, would like to make some comments. COMMISSIONER COLETTA: Very much so. I thank you so much for what you have done. And let's take a moment for you to repeat the contact number for SCORE. SCORE's been a -- the reason my involvement with SCORE goes back to -- in my early 20s, one of my first business ventures. CHAIRMAN COYLE: Fifty years ago? COMMISSIONER COLETTA: Well, getting close. Getting close, Commissioner Coyle. I'm not quite up to your age yet, but I'm working on it. But ifit wasn't for the help I got from SCORE, some very qualified business people, my first business would not have succeeded. And it succeeded very well, and it went on for a number of years, then I finally sold it and moved here to Florida. But if it wasn't for SCORE, undoubtedly that first business would have failed, and I don't know if there would have been a second one. So I've always remembered that, and I always felt I had a debt to pay back, and I am going to accept the invitation to join your advisory Page 23 June 28, 2011 board, by the way. I'll let you know right now so we don't have to start a bunch of communications going back and forth. And thank you for that invitation. But one of the things I'd like this commission to do is -- this did not involve anything to do with Collier County funds. This was all an outside effort using very limited resources from the county, and most of it being from Larry Ray's Office. I'd like to be able to direct the chair -- have this commission direct the chair to write letters of thank you to the SBA and to the Small Business Administration; SCORE; to Larry Ray; and to the different sponsors thanking them for their personal involvement to make this citizen initiative possible. CHAIRMAN COYLE: I would be delighted to do that if the board agrees. COMMISSIONER COLETTA: I think-- CHAIRMAN COYLE: Do we have sufficient support on the board for me to write those letters? Does anyone object? (No response.) CHAIRMAN COYLE: Okay. Looks like we've got unanimous agreement. MR. HEITHAUS: Thank you. And the answer is 430-0081. Operators are standing by right now to take your call. COMMISSIONER FIALA: Just-- CHAIRMAN COYLE: Commissioner Fiala, go ahead. COMMISSIONER FIALA: SBDC, Small Business Development -- MR. HEITHAUS: Small Business Development Center. It's affiliated with FGCU, and Dan Regelski is the Chair. He couldn't make it this morning. I talked with him yesterday. CHAIRMAN COYLE: Thank you very much. (Applause.) Page 24 June 28, 2011 Item #6A PUBLIC PETITION FROM LYLE MCCANDLESS REGARDING THE REQUIREMENT OF BUILDING PERMITS FOR WORK AT PRIVATE HUNTING CAMPS LOCATED IN PRESERVES- MOTION TO BRING BACK AS A REGULAR AGENDA ITEM AT A FUTURE BCC MEETING WITH STAFF RECOMMENDATIONS - APPROVED MR.OCHS: Commissioners, that takes us to Item 6A. It's public petition. It's a public petition request from Lyle McCandless regarding the requirement of building permits for work at private hunting camps located in preserves. Mr. McCandless here this morning? Please come forward. State your name for the record, sir. MR. McCANDLESS: Yes. My name is Lyle McCandless. I'm here today representing myself personally and as president of the Big Cypress Sportsmen's Alliance. I'm a 30-year resident of Collier County. I moved over to the sleepy little City of LaBelle a few years ago, and I reside there now. By the way, my sympathies to you, Ms. Fiala. COMMISSIONER FIALA: Thank you very much. MR. McCANDLESS: So I thank the commissioners for allowing me to speak here today. I appreciate it very much. I would like to thank Commissioner Coletta in particular for his interest and input in our effort here. My purpose of being here today is an ongoing issue that has come to the forefront very recently big time. In the Big Cypress National Preserve there was some significant fires recently, and it burned a few camps to the ground. And these nice, traditional gentlemen and ladies who are trying to go forth to redo what they've got there are getting unbelievable misery from all Page 25 June 28, 2011 directions. I'd like to put into perspective the situation as regarding hunting camps and getaways -- and they're not just hunting camps. They're getaway retreats in the preserve. Bottom line is, there's, plus or minus, a couple hundred of them out there, over approaching a million acres. If you do a little math on that, that breaks it down to about one camp per 5,000 acres. Not a huge impact, that -- we should all keep that in mind. We all should also keep in mind that these camps are used maybe 10 percent of the year, maybe. Very low threshold of use. And I say that with some pretty good authority. I'm a private camp owner myself. I know a lot of other camp owners, so that 10 percent there, I think, would be very reasonable. Those private-property camps out there that are privately owned in the preserve, they are -- no services out there, no electric, no roads, no anything. They're isolated out there by themselves. I mean, even if a person goes through the process of getting a permit, the area is -- it's unreasonable and inaccessible to the inspectors. So it's a real difficult issue. Now, I met for an hour and a half or so yesterday with county staff, and we had a real nice conversation. And it is apparent now that several other counties in the state have addressed this issue. And I was pleased to learn that my county of Hendry County has set up their own independent setup for the hunting camps, the zoning criteria and everything, and it's also happened a good bit up through the state. So I'm here today to formally request that you -- that the commission put on next year's legislative priority list this item to be -- to be brought forward. And we would -- I know Representative Matt Hudson very well. We're looking forward to getting connected with him and have him kind of pursue this for us on the state level. So we are very much looking forward to getting your concern to the point of endorsing taking this step forward. And I would like to divert just a hair, if I could. I would trust that you commissioners Page 26 June 28, 2011 have been around here long enough to know what the situation is in the Big Cypress Preserve in general. I'd just like to make a couple of quick comments myself and the camp owners and these guys who lost their camp, they can absolutely not expect any positive help from the National Park Service. Those hunting camps out there, bottom line, is like a huge rock in the shoe of the National Park Service, and they are very much inspired to get rid of that rock. So it's a sad situation. They have no -- the National Park Service has no jurisdiction over these private properties, but you will not believe the misery we get as a whole from the Park Service. And here's an example of what we face. The Addition Lands was purchased 1988 with our tax dollars. The Addition Lands lays north and south of the alley up in the northeast corner of Collier County. That property was acquired in 1988. There was supposed to have been a process developed within two to three years of that date for the public to have our access in there for our traditional rights of hunting and access. Didn't happen. Twenty-three years later, the National Park Service -- after the Fish and Wildlife Commission, Collier County emphatically, by resolution, stating that they -- that they (sic) should absolutely be no wilderness or back country primitive. Both of those disallows our swamp buggy activities. Park Service completely ignored Fish and Wildlife Commission and the Collier County. The -- by the 1974 preserve creation legislation, it is mandated that the National Park Service work with all state agencies in management solutions and things in the preserve. It never happened. So now we're down to a situation where the Addition Land setup was brought on board and signed by Superintendent Ramos on February the 5th. So now we're looking forward to having 80 percent of that Addition Lands either back-country primitive or wilderness, which disallows our activities. Page 27 June 28, 2011 We put out a huge effort -- myself and some other group leaders, we put out a huge effort. I set up at Pro Bass in Fort Myers. We created a couple of thousand individual written passionate comment pleas regarding this situation in the addition lands. And -- but the Sierra Club and others, on a national level, who've never seen the preserve and probably never will, by clicking their computers and what have you, they turned in about 20,000. And we've begged the Park Service to please consider these local input comments seriously -- more seriously because they're there. So it didn't happen. So that's where we're at. And, again, I'm really looking forward to answering any questions you might have here to try to convince you good ladies and gentlemen that this is a worthy endeavor, this needs to be pursued, we need to find a solution to this problem for our benefit and the benefit of Collier County. Any questions? CHAIRMAN COYLE: Yeah. Mr. McCandless, I should point out to you that our common practice is to merely vote on whether or not we bring this back for a full hearing, because as you indicate, there are likely to be some people who might disagree with you even though we might support you fully. We have a number of commissioners who have to ask questions, and we'll do that, but I would encourage commissioners to very quickly reach the point where we could make a motion. COMMISSIONER COLETTA: Commissioner Hiller was first. COMMISSIONER HILLER: No. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: It was actually on the last item, but you didn't call me on that, so it's okay . You can remove my -_ CHAIRMAN COYLE: All right. I'll call you twice to the next item. COMMISSIONER HILLER: You're so kind. You're so sweet. Thank you. Page 28 June 28, 2011 CHAIRMAN COYLE: Yes. I've got to make up for that some way. COMMISSIONER HILLER: Thank you. That's right. Thank you so much. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: No, it's Coletta's. CHAIRMAN COYLE: All right. Commissioner Coletta. All right, come on. Make up your minds. COMMISSIONER COLETTA: You better put your light back on, Commissioner Fiala. COMMISSIONER HILLER: Let's start over again. COMMISSIONER COLETTA: Yeah. Ifwe sound confused, we probably are. But Commissioner Coyle's right, this item would have to come back, and there's every good reason in the world to bring this item back for consideration on two different fronts. One, to be able to see what other counties have done to be able to work their way through this and to be able to find ways to accommodate this tradition that's been in place for 40 some years. In order to reach these camps the travel times sometimes is in excess of an hour on an A TV. It's very difficult getting anything in the way of supplies in and out, much less the elaborate supplies that would be required to build a dwelling that would -- is required by state statutes in Collier County rules and regulations. Now, what I'd like to do is see this come back with a full study done to see what Hendry County and some other counties have done to be able to put in local ordinances that would accommodate traditional uses of the land such as you were experiencing out there. There's no other -- you know, that would be one way. And the other way is to come back with suggestions as far as legislative priorities, that we might be able to include this in our package when we go to Tallahassee to try to move it forward and, of Page 29 June 28, 2011 course, we'll ask your friend and my friend, Matt Hudson, to spearhead the movement, which I'm sure he will do, because he's been very supportive. But some of the facts that you need to know is that these camps are only occupied part time. And as far as hurricanes and fires and all that, you have to -- they won't even allow you access -- at different times of the year when there's the dangers of the hurricanes and fires, they can't even get access to their camps in the back country. So as far as insurance goes, it's not an issue. The -- none of them are insured. They're self insured, you might say. Just put the nails and nail them back together again when they blow down. But the danger to the neighbors is very -- is nonexistent because they're separated by such a distance that if a structure did not meet wind requirements and it blew down during the course of a storm, it would cause no damage to neighbors' property. The policy that the National Park Service has come up with has been very restrictive. And the truth of the matter is, they've been using our rules and state rules to try to limit the normal availability of this type of property for traditional uses over the years. And so my motion would be to bring this back for a full hearing on those two different elements that I mentioned earlier having to do with other counties' efforts that have found a way to make this work and also talk about legislative priorities and how we might be able to approach this in a legislative initiative. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Coletta to bring this back for a full hearing. COMMISSIONER FIALA: And I'll second that motion and give you my comment. CHAIRMAN COYLE: Okay, okay. COMMISSIONER FIALA: My sons are campers, and they don't want to camp in a Howard Johnson's or an elaborate house. They want a camp when they're camping. Actually, one of my sons was Page 30 June 28, 2011 just in Alaska camping this week until we got the call from -- but anyway, that's neither here nor there. And when you're studying this to bring it back to us, being that this board has placed me on the board of directors for the Florida Association of Counties, maybe you could investigate if I could take it also to Florida Association of Counties and ask them to support this effort as well. MR. McCANDLESS: Thank you. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: And Commissioner Henning? COMMISSIONER HENNING: The -- our Florida delegation is going to be meeting in August, and we need to start getting on some priorities. I think this should be one of them. The issue is the Florida Building Code, and under Florida Statutes 120.542 it talks about waivers and variances. And I need to read the first sentence. Strict application of the uniform application rule requirement can lead to unreasonable, unfair, unintended results in particular instances. So you have a way -- I mean, this goes right to the -- the water heater issue. You know, I wish I had this statute before me when we were talking about that, because that was surely an unintended consequence from the strict application of the Florida Building Code. That's another avenue that you can go, sir. But I'm fully in favor of seeing -- letting our -- delegation weigh in on this to see what they can do. CHAIRMAN COYLE: Okay. We have a motion-- MR. McCANDLESS: Thank you. CHAIRMAN COYLE: -- to bring this back for a full hearing and -- by Commissioner Coletta, and it was seconded by Commissioner Fiala. And there's a question by Commissioner Hiller. COMMISSIONER HILLER: I just want to clarify what staff is Page 31 June 28, 2011 going to be required to do on this. CHAIRMAN COYLE: Well, actually, I think the motion was to ask the staff to research the issues and bring back recommendations as to how best to solve it. Commissioner Henning made an observation that could be incorporated into the motion if the motion maker wishes, that it be placed as one of our legislative priorities for this next legislative session, and Commissioner Fiala has asked for authority to bring this up with Florida Association of Counties. So if -- we can ask the motion maker and the second if they would like to incorporate those two suggestions. COMMISSIONER COLETTA: Well, yeah, incorporate them with the fact that we already have two parts to the motion. CHAIRMAN COYLE: Yes. COMMISSIONER COLETTA: One is the legislative priorities and putting more detail to it, with Commissioner Henning's suggestions, and the other one had to do with the researching what other counties have done to be able to solve the problem. CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: And I think Commissioner Fiala's idea, working through the Florida Association of Counties -- and, by the way, congratulations being reelected as the Director of the Florida Association of Counties. COMMISSIONER FIALA: Thank you. COMMISSIONER COLETTA: It's an excellent idea, and I'd like to include all that into the motion. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: I just want to make sure that staff understands clearly what the direction is and, you know, whether they can do anything about this. CHAIRMAN COYLE: Well, they should bring that back for consideration during the full hearing. Page 32 June 28, 2011 COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: And there's little doubt that there will be discussion about it, and we'll probably refine the issue at that point in time. COMMISSIONER HILLER: Sure. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. COMMISSIONER COLETTA: Good work, Lyle. MR. McCANDLESS: Thank you, Ladies and Gentlemen. CHAIRMAN COYLE: Thank you for being here. MR. OCHS: Commissioners, that moves you to Item 9 on your agenda this morning, Board of County Commissioners. Item #9A RESOLUTION 2011-115: APPOINTING HEIDI RUSTER TO THE COLLIER COUNTY CITIZENS CORPS. - ADOPTED MR.OCHS: 9A is appointment of member to the Collier County Citizens Corps. COMMISSIONER FIALA: Motion to approve the American Red Cross recommendation of Heidi Ruster. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to approve the Red Cross Association's nominee. Is there a second? Page 33 June 28, 2011 COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Second by Commissioner Henning. Any discussion? (No response.) CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Item #9B RESOLUTION 2011-116: RE-APPOINTING KYLE E. LANTZ TO THE CONTRACTORS LICENSING BOARD - ADOPTED MR. OCHS: 9B is an appointment of member to the Contractors Licensing Board. COMMISSIONER FIALA: Motion to approve Mr. Kyle Lantz. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to reappoint Mr. Kyle Lantz, seconded by Commissioner Coletta. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. Page 34 June 28, 2011 CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously for the appointment of Mr. Kyle Lantz. Item #9C RESOLUTION 2011-117: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ENCOURAGING THE DEPARTMENT OF DEFENSE, CONGRESS AND THE PRESIDENT TO INTERVENE TO ENSURE FAIR REIMBURSEMENT RATES TO MEDICAL PROVIDERS THROUGH THE TRICARE SYSTEM AND QUALITY HEALTH CARE TO OUR DESERVING ACTIVE AND RETIRED MILITARY PERSONNEL - ADOPTED MR. OCHS: Item 9C is a recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, encouraging the Department of Defense, Congress, and the President to intervene to ensure fair reimbursement rates to medical providers through the TRICARE system and quality healthcare to our deserving active and retired military personnel. Commissioner Coyle brought this item forward. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Okay. A motion to approve by Commissioner Coletta. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. Page 35 June 28, 2011 I would like to just briefly describe what we're doing here. What has happened is that reimbursement rates for the TRI CARE Prime Program for actually retired and active duty personnel have been reduced to levels that are even below Medicare, and that has resulted in many healthcare providers refusing to participate in the program. It makes it more difficult for active duty and retired members of our armed services to get healthcare, and it makes it more expensive because it transfers more cost to them. This is an issue that is being addressed nationwide. It does impact hundreds, if not thousands of people in Southwest Florida. So we would like -- I would like to make sure that we lend our support to this effort to make sure that affordable and readily available healthcare is provided to members of our armed forces. So with that, I'll call the question. All in favor, please signify by . saYIng aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes 4-0, I think. COMMISSIONER HILLER: No, I support it. CHAIRMAN COYLE: Okay. It passes 5-0. Thank you very much. COMMISSIONER FIALA: And, Commissioner Coyle, thank you for bringing this to our attention. I think some of us would have not known had you not brought it up. CHAIRMAN COYLE: Well, there's something more that needs to be known about this. Naples Community Hospital has graciously established a policy which says that although they are not -- they do Page 36 June 28, 2011 not have a contract with the Department of Defense to provide healthcare services to veterans, they will provide that service and make sure that those people who are treated by them are not charged the higher amount of out of pocket cost. So Naples Community Hospital has pledged to do that, and so we're very happy with that. And hopefully it will work out for most our people. But the big problem is that there's a move afoot nationally -- there's a move afoot in Washington to cut healthcare costs of all kinds dramatically in an effort to balance the budget. And my point is here that the military personnel should not be treated as second-class citizens. If we're going to reduce healthcare costs, then it ought to be uniform, starting with the members of Congress who enjoy a very, very expensive healthcare program. So fairness is what we're looking for as veterans. So that's it. We'll go on to the next item. Thank you very much. Item #9E ADVISORY BOARD VACANCIES AS ADVERTISED IN THE PRESS RELEASE JUNE 22, 2011 - MOTION TO DECLARE VACANCIES DUE TO ABSENCES - APPROVED MR.OCHS: Next item, Commissioners, is Item 9E. It's Advisory Board Vacancies advertised in the press release of June 22, 2011. MR. MITCHELL: Mr. Chairman, Commissioners, we issued a new press release on June 22nd for vacancies on a variety of advisory boards, and what they constitute is the Affordable Housing Advisory Committee currently has one vacancy, the Airport Authority Advisory Board has four vacancies, the Black Affairs Advisory Board has four vacancies, the Golden Gate Estates Land Trust Committee has one Page 37 June 28, 2011 vacancy, the Hispanic Affairs Advisory Committee has two vacancies, Conservation Collier Land Acquisition Advisory Committee has one vacancy, and the Pelican Bay Services Division has one vacancy. The Rock Road Improvement MSTU Advisory Committee, which is a new committee, has three vacancies, and that's currently the vacancies on your advisory boards. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes, just a fast question, Ian. Yesterday in my office Chris Curry was meeting with me, and I said I was surprised to see that he had four vacancies on the advisory board, and he said, no, he didn't. And I said, well, you know, that's what we think. And he said, no. And I said, you need to talk to Ian and get that straightened out. So I don't know if he was able to get over to you or not. MR. MITCHELL: Commissioner Fiala, he did speak to me. What he didn't realize was he's got three terms that are expiring on August 10th. Now, the process that we follow takes, you know, at least two months. So letters have gone out to those three board members, and it's been explained to them that their terms are expiring and -- with a copy of the press release and an application form if they wish to reapply. COMMISSIONER FIALA: Oh, great. MR. MITCHELL: The fourth vacancy was due to the unfortunate death of one of the members. COMMISSIONER FIALA: Okay. Thank you so much. I just want to make sure that I got that all straight in my head, too. Thank you. CHAIRMAN COYLE: Ian, I think there might be a misprint here. You say three of the new terms expire August 10, 2015. MR. MITCHELL: Oh, sorry, yes. It should be 2011. CHAIRMAN COYLE: Eleven, okay. Very well. Thank you. Commissioner Hiller? Page 38 June 28, 2011 MR. MITCHELL: Oh, sorry. Commissioner Coyle, I need to ask the board, the Historical and Archaeologic Advisory Board, we -- I would ask you to give me permission to declare a vacancy . We have a member on that board and their board have discussed it, and they've recommended that we declare a vacancy, as they have a member who, in the past three years of 1 7 meetings, has only been present at two of the meetings. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: That's an add-on onto the agenda today? MR. MITCHELL: Yes, it is, sir. If that meets -- I spoke to the chairman yesterday. CHAIRMAN COYLE: So we're adding that to the agenda? MR. MITCHELL: If you have no objections. CHAIRMAN COYLE: Yeah, okay. How do the commissioners feel about that? COMMISSIONER COLETTA: I don't have a problem. CHAIRMAN COYLE: Declaring the vacancy? COMMISSIONER HENNING: Is there -- I don't have an issue with it. CHAIRMAN COYLE: All right. Nobody has an issue with it. So we'll declare a vacancy. All in favor of declaring a vacancy because of the failure to attend the meetings of the member that occupies that position, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) Page 39 June 28, 2011 CHAIRMAN COYLE: Okay. It passes unanimously. MR. MITCHELL: Thank you, Commissioners. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: We had discussion at our last meeting about changing the number of members of the Black Affairs Advisory Council because they were having difficulties achieving a quorum, and I'm just wondering when we would like to bring that back and help resolve that problem so that they can more readily do their business. CHAIRMAN COYLE: We are making progress on that. Two of the people that I had mentioned at that meeting have, in fact, applied for the -- COMMISSIONER HILLER: Okay. CHAIRMAN COYLE: -- Black Affairs Advisory Board, and they're exceptionally well qualified individuals. So if they are -- if their applications are acceptable to the board whenever we hear this, which probably will be in July, then we will have at least two of those positions filled by people whom I think will regularly attend the meetings and participate. MR. MITCHELL: Mr. Chairman? CHAIRMAN COYLE: And we'll have two more vacancies to deal with, won't we? MR. MITCHELL: Mr. Chairman, Commissioner Hiller, your conversation at the last board meeting really did sort of encourage people to apply, and actually I've been able to give the Black Affairs Advisory Board three applicants, all really good-quality people to consider. COMMISSIONER HILLER: Well, we have two issues. One was filling the openings. The other was, once those openings are filled, having people attend the meetings. MR. MITCHELL: Right. COMMISSIONER HILLER: And so that seemed to be a big Page 40 June 28, 2011 problem also, because current members were having difficulty attending, and that was why they were talking about the quorum. MR. MITCHELL: Right. COMMISSIONER HILLER: So I think we have two issues there, and it looks like we're making progress on one, and maybe we can resolve the other by reducing the total number of members of the board. They can always increase it if they choose to down the road, but we don't want to impede their ability to move forward. MR. MITCHELL: And as sort of an add-on to that, Commissioner, I'll ask the staff liaison, Tamika Seaton if she could actually put that on the agenda for the next Black Affairs Advisory so they can discuss it themselves as well. COMMISSIONER HILLER: That's a great suggestion. Thank you. CHAIRMAN COYLE: Okay. Where does that take us, County Manager? Item #10B AWARD AGREEMENT NO. 11-5690 FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) AND RELATED SERVICES FOR SR84 (DAVIS BOULEVARD) RADIO ROAD TO COLLIER BOULEVARD; SR84/SR951 INTERSECTION IMPROVEMENTS; COLLIER BOULEVARD (SR/CR 951) NORTH TO MAGNOLIA POND DRIVE; AND CR951 (COLLIER BOULEVARD) NORTH TO THE MAIN GOLDEN GATE CANAL TO ATKINS NORTH AMERICA, INC; PROJECT NO. 60073 & NO. 60092~ FISCAL IMPACT $2~964~487.50 - APPROVED MR.OCHS: That takes us to Item 10, County Manager's Report. Item lOB is a recommendation to award Agreement No. 11-5690 for construction, engineering, and inspection and related services for Page 41 June 28, 2011 Davis Boulevard and Radio Road to Collier Boulevard, the intersection of Davis Boulevard and Collier Boulevard, Collier Boulevard North to Magnolia Pond Drive, and Collier Boulevard North to the main Golden Gate Canal, the award to Atkins North America, Incorporated, for those project numbers at a fiscal impact of $2,964,487.50. Mr. Steve Ritter, road construction manager, Growth Management Division, will present. Steve? MR. RITTER: For the record, Steve Ritter, Manager of Road Construction. We're making a recommendation to award the agreement for construction for eEl Services to Atkins North America. We've done an RFP and evaluations, negotiations, and come to an agreed upon not to exceed cost. You -- the commissioners on June 14th awarded the contract for construction to Astaldi Construction, and this Davis Boulevard/Collier Boulevard project has got a JP A agreement with the state/FDOT for $20 million. That's for construction and inspection services. That's what the CEI is needed for per Florida Department of Transportation rules and regulations. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: You've got to be kidding me? No. This is a requirement from the State of Florida. MR. RITTER: Yes. COMMISSIONER HENNING: If this was a county road funded by our funds, you would do the -- all the inspections yourself? MR. RITTER: Correct. COMMISSIONER HENNING: And I know that would save a lot of money, and you have well qualified people to perform that operation. And it's really, really sad of big government regulations, when you start improving their roads, you have to have consultants. I bet you can do this for a third of the price that an outside consultant Page 42 June 28, 2011 would perform. MR. RITTER: FDOT has different recordkeeping than we do and just the requirements that they have. COMMISSIONER HENNING: Right. So I'm going to make a motion to approve, reluctantly make a motion to approve. I know that we could save a ton of money if we did it ourselves. CHAIRMAN COYLE: Okay. A motion to approve by Commissioner Henning -- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: -- second by Commissioner Fiala, and a comment by Commissioner Hiller. COMMISSIONER HILLER: Thank you. Could you explain how you followed the CCNA with respect to this particular contractor? MR. RITTER: Sure. We -- it was a request for a proposal, and then there were three letters of interest received. It was Johnson Engineering, Atkins North America, and AIM Engineering. And we short-listed them, and the short list picked Atkins, at which time they produced a time and materials schedule, come up with what they thought it was worth. And we met and negotiated with them, and got that knocked down to where we're at now, two, nine. COMMISSIONER HILLER: Great. Thank you very much. CHAIRMAN COYLE: You say you got them back down from their estimate to where you wanted to be? MR. RITTER: Yeah. I believe it started at about 4.2. CHAIRMAN COYLE: Million? MR. RITTER: And this is a not to exceed, so in actuality, hopefully, if things work right, we won't even use that amount. That's their time and material as they use the people, as the inspection's necessary. And if we don't need them, we don't use them, so hopefully we won't spend that much. CHAIRMAN COYLE: Okay, good. Do you get a percentage of Page 43 June 28, 2011 the savings? MR. RITTER: No, sir, but I'd be looking forward to it. CHAIRMAN COYLE: I bet you would. Okay, all right. Thank you very much. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Item #10C BOARD ADOPTED CRITERIA FOR REVIEW OF CONCEPTUAL PLANS AND DESIGNS FOR MAJOR CAPITAL PROJECTS - MOTION TO APPROVE STAFF RECOMMENDATIONS WITH CONCEPTUAL DRAWINGS AND PRELIMINARY DESIGN BROUGHT TO THE BOARD ASAP BUT NO LATER THAN THE 30% MARK - APPROVED MR.OCHS: Commissioners, next item is 10C. It's a recommendation that the board adopt criteria for review of conceptual plans and designs for major capital projects. Ms. Len Price, Administrative Services Administrator, will present. MS. PRICE: Good morning, Commissioners. For the record, Len Price, Administrative Services Division Administrator. This item was brought to you on your request to determine a criteria for bringing design -- conceptual designs and drawings to you. Page 44 June 28, 2011 Our recommendations are to do that for your vertical construction. Those are things you can see. And to do it we -- our recommendation's set at the 30 percent mark. But in talking to some of our professionals, we're suggesting that it be no later than the 30 percent mark, but at a point in time where we have conceptual drawings, renderings, and construction estimates but -- so that they haven't designed so much that if you want to recommend any changes or ask for something to be changed differently, that the costs would not be too high. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. The issue is the opportunity to review these designs and these concepts in the most simple form before we start investing monies. So to suggest that we should only start reviewing them the way you're describing them after the 30 percent mark defeats the purpose, because now we've already invested 30 percent towards that particular project. Also, when I was reading the backup material, you discuss the peer review issue, which is really separate and apart. And the county manager and I discussed that yesterday, and I'm sure he addressed that with you, that that really is, really, separate and apart from the initial question of what design and what concept should be considered before we commit tax dollars to a project that, you know, we may not want to commit to. So I think that the policy needs to be revised, and I think that's what Commissioner Henning was driving at when he brought this up in the first place. So I'm going to turn it over to Commissioner Henning and let him give some details of how he envisions the policy ought to read. CHAIRMAN COYLE: No, I will turn it over to Commissioner Henning. COMMISSIONER HILLER: Oh, I'm sorry. Forgive me. Yes, you will. You will, indeed. No doubt about it. Page 45 June 28, 2011 CHAIRMAN COYLE: Thank you very much. Commissioner Henning? COMMISSIONER HENNING: The phasing idea, transportation does this with road projects all the time, and they have a 30, 60, and 90 percent design phase with public input, and I'm sure that's where that concept leads to. Now, when you do a vertical construction, you hire an architect engineer firm to design it and permit it. You have the input from staff who's going to be using that facility. A vertical would be a building. MS. PRICE: Right. COMMISSIONER HENNING: Anything else would be? MS. PRICE: Vertical construction would be a building, a plant. You know, like I say, something that comes out of the ground and that you could see. COMMISSIONER HENNING: A tree? MS. PRICE: Probably not a tree. We don't usually have too many $5 million trees, no, sir. It would not be a tree. But it would be a treehouse. COMMISSIONER HENNING: Okay. I've heard about $5 million toilets in the -- but anyways, that's how the conceptual is. At what point does the employee -- the users have input into the design phase? MS. PRICE: Commissioners, that's why I was talking about revising the recommendation to say "no later than the 30 percent mark." When we first put together a project, it's been budgeted, we -- what you're talking about is at a predesign phase, and depending on the complexity of the project and the type of project, there might be a point in time prior to the full 30 percent but at a point where we've done that programming we've started to do -- the consultants have started to do some drawings that we can look at that would show the layout, the rooms, a rendering of what the outside might look like, and that would be the point that we would bring it to you, at the point that Page 46 June 28, 2011 we've got some drawings so you could see what we were doing and no later than the 30 percent completion mark. COMMISSIONER HENNING: When does -- CHAIRMAN COYLE: I'm sorry. Go ahead. COMMISSIONER HENNING: I'm sorry. When does the users have their input? MS. PRICE: Let me let you speak with the experts. COMMISSIONER HENNING: Great. MR. CAMP: For the record, Skip Camp. The employees or the occupants of the building are brought in absolutely as the first part. It's called preprogramming. That's the first thing that happens. As soon as you hire the architect, they come in, they program the occupants. What are the expectations of the people that own the building and that are going to operate the building and that are going to occupy the building. It's predesign. COMMISSIONER HENNING: Okay. Well, to answer your question, the time that we should have input on that is after the user has their input, and that would be no later than 30 percent. MS. PRICE: Absolutely no later than the 30 percent. Like I say, after we've gotten the user input, then generally your architects and engineers start doing some preliminary drawings, and that would be the point that we would bring it to you. And, Commissioner Hiller, to address the peer review, yes, I did speak to Mr. Ochs, and we have decided to do exactly what you suggested. We're in the process of doing a survey . We've gotten six responses from other counties. We've got a few more on the way. So we will bring back to you as a separate item a report, and then you can give us recommendations as to how you'd like to see that. COMMISSIONER HILLER: Excellent. Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'd like to make a motion that we go with "The board shall review design plans at a 30 percent Page 47 June 28, 2011 completion stage for all vertical construction projects with an estimated project cost in excess of $5 million subsequent to any public information meeting that may have been held," and No.2, "Vertical construction projects in excess of $10 million will require a value engineer review as referenced in attached Appendix IV to the procedural administrative procedures." CHAIRMAN COYLE: Okay. Motion to approve the staffs recommendation by Commissioner Coletta. MR.OCHS: Mr. Chairman? CHAIRMAN COYLE: Yes. MR.OCHS: If I may, just -- Commissioner, if you'd consider one minor revision to the motion with regard to number one, as we just suggested. If we can get you concept drawings in advance of or no later than the 30 percent design stage, but -- COMMISSIONER COLETTA: Right. I don't have a problem with doing that. MR. OCHS: -- if we could get it in advance -- COMMISSIONER COLETTA: I thought that was going to come back as a separate item. That's fine. MR. OCHS: No. The peer review would come back after we complete our staff research and bring that back as a separate report, but that would not limit your options here in Recommendations 1 and 2. As Ms. Price said, we want to try to limit any change order cost as a result of any changes that the board may make. So the sooner we can get the concept drawings and the preliminary designs after user review to the board the better, as far as we're concerned. COMMISSIONER COLETTA: And I include that in. MR.OCHS: Thank you. CHAIRMAN COYLE: Let me ask you for further clarification then. If concept drawings are the trigger point, why don't we just say that we provide for our review at the time concept drawings are Page 48 June 28, 2011 available but not later than 30 percent design? COMMISSIONER HILLER: I agree. MS. PRICE: That would be my recommendation. COMMISSIONER HILLER: That would be mine. COMMISSIONER COLETTA: That's fine. CHAIRMAN COYLE: And that way the concept drawing date is the trigger point. MS. PRICE: Correct. CHAIRMAN COYLE: But you can't go beyond 30 percent without bringing it to the board, right? MR.OCHS: That's fine. CHAIRMAN COYLE: Is that okay with the motion maker? COMMISSIONER COLETTA: That's fine. CHAIRMAN COYLE: And the second? COMMISSIONER HENNING: Yes, the second. CHAIRMAN COYLE: Second. Okay. Now, Commissioner Henning? COMMISSIONER HENNING: Nope, I -- CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: -- addressed these concerns. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Can you address the vertical and the value engineering for 10 million? Why did you pick 10 million as opposed 5 million? I mean, 10 million is a -- you know, a very large project, but so is 5 million. Why would we wait to only do something like this on a 10 million project when, you know, there could be substantial savings on a $5 million project? I'm just questioning why you picked $10 million as a threshold. I would personally like to see it lower and be more conservative, and we have to be very careful these days. MS. PRICE: Absolutely, at the will of the commission. I used the $10 million value simply because that was what we had put in the Page 49 June 28, 2011 original protocol where it talked about it on a -- as a consideration. I simply took that for discussion purposes; make it mandatory at that point. Whatever levels the commission wants is what we'll do. COMMISSIONER HILLER: I would suggest that it be at a lower level. I'm not quite sure what that low level ought to be, you know, without studying it further. And it would be worthwhile, I think, looking at what other counties use as a threshold. But in order to be fiscally conservative, I think it's extremely important that we have the lowest reasonable threshold. You know, obviously, too low doesn't make sense. But, I'm not sure, maybe the board has more experience and might have a better idea of what that threshold should be or leave that portion off and bring that back after there has been more study done to come up with a reasonable number. But I would have an impossible time supporting 10 million as the start for the value engineering and not make it mandatory for projects under that. MS. PRICE: Commissioner, if you'd like -- CHAIRMAN COYLE: County Manager, do you have some guidance for us? COMMISSIONER HILLER: Yeah, do you have some? MR.OCHS: Well, sir, the value engineering provisions that you see in the backup in your executive summary were developed in concert with your Productivity Committee several years ago. You had some members that you had asked to look at this concept. We sat with them as a staff. They helped us decide on this threshold of $10 million as a recommendation to the board. There was a couple gentlemen who had quite a bit of experience in value engineering in the private sector, and they thought that the $10 million mark was the mark at which you could make some significant cost reductions and justify the added cost of bringing a second engineer review in for value engineering. So I think that was the rationale behind 10 million, and it's the Page 50 June 28, 2011 reason why we brought that number forward at this point to the board. CHAIRMAN COYLE: Well, could I suggest one thing? We've got a motion to approve it as it is with a minor modification. Let's try it. And if any commissioner believes that a project is moving through the process that should be placed in a value-engineering category, then let's deal with it at that point in time. And you'll have that shot at the conceptual drawing or 30 percent phase -- MR. OCHS : Yes, sir. CHAIRMAN COYLE: -- early on. MR. OCHS: And, Commissioners, I might just remind you. In the backup it talks about value engineering. It gives the flexibility in that administrative procedure to pick any project for value engineering if the staff or the board believes that that particular project would lend itself at any cost estimate to savings through value engineering. So we have that flexibility, and whenever we find a bid or a proposal that comes in above the engineer's estimate or above the staff estimate, obviously that would be a red flag to us that it would be good candidate, perhaps, for value engineering. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: You're going to bring something back -- I don't know if it's going to be through an email or something -- how other counties evaluate their value-engineering process? MS. PRICE: That would be for peer review-- COMMISSIONER HENNING: Peer review. MS. PRICE: -- which is somewhat different from value . . engIneerIng. COMMISSIONER HENNING: Peer review is internal, correct? MR.OCHS: It could be either, sir. MS. PRICE: It could be either. COMMISSIONER HENNING: Are you going to do that in executive summary, or will you be doing that in just a correspondence? Page 51 June 28, 2011 MR.OCHS: It would be a regular staff item on the agenda, sir. COMMISSIONER HENNING: Those -- I think you have some opportunities at that time to give guidance under a peer review on those lesser amounts. And I do agree that we always have the option at the time that we're reviewing it to give that guidance. MR.OCHS: Correct. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: The only problem with that is that it's subject to a majority vote, whereas if we establish a policy it's a certainty that it will happen. And right now, where we're so fiscally bound, I think we need to do everything possible to ensure that we save as much as we can on these large projects that are coming before us and also ensure that, you know, the standards are being met and that, you know, the approach being used is the right one, which goes more to the peer review. I don't want to vote no on the first part of Mr. Coletta's motion, but I don't feel comfortable with the threshold being as high on the second part of his motion. If you'd be willing, Commissioner, would you divide your motion into two so I can support the first -- COMMISSIONER COLETTA: No, I-- COMMISSIONER HILLER: -- because I really don't want to say no to everything, and I'd like to be able to say yes to the design-- the conceptual-design recommendation. COMMISSIONER COLETTA: Sure. I appreciate your comments. The reason why I don't think that's necessary is because we haven't had any kind of conflict in the past when thresholds were even higher, and I do think this is a reasonable alternative at this point in time against the cost that we'd incur on a regular basis and the time we would lose. It's a matter of balance, you know. If there is an issue where we had problems over a period of time, then by all means, your suggestions would be most welcome. Page 52 June 28, 2011 CHAIRMAN COYLE: One of the problems of removing any flexibility here is an issue that was addressed by the Productivity Committee when they suggested that limit. And it -- as the county manager has pointed out, it was a balance. It was an attempt to decide how much it would cost to have value engineering and/or peer review and compare that with the potential for savings. If we remove the flexibility, we could very well be trapped into a situation where we're forced to do value engineering or peer review when our evaluation indicates that it will not result in a savings that would offset the cost, and we might wind up paying more for it. We have the flexibility to do it, and any commissioner can raise that issue if it appears that there's substantial opportunity to save money. But to cast it in concrete and require the staff to take action without applying reasonable evaluations of the potential cost benefit is, I think, the wrong way to go. But we'll call the question. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay. It passes 4-1 with Commissioner Hiller voting in the negative. COMMISSIONER HILLER: And just for the record, I want to clarify. I support the first part of the motion. I don't support the second part. I think the threshold should be lower. I think 5 million is a very significant dollar amount, and value engineering should be considered at that threshold as opposed to 10 million. CHAIRMAN COYLE: Okay. Thank you very much. Page 53 June 28, 2011 We will now take a ten minute break for the court reporter, so we'll be back here at 10:38. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a live mike. You have a live mike, sir. CHAIRMAN COYLE: I hadn't noticed. Ladies and gentlemen, Board of County Commission meeting is back in session. What's the next item, County Manager? Item #10D PROVIDED THE BOARD OF COUNTY COMMISSIONERS (BCC) WITH AN UPDATE OF THE DRAFT ADMINISTRATIVE CODE - UPDATE APPROVED MR. OCHS: Commissioner, next item is 10D on your agenda. It's an item to provide the board with an update to the draft Administrative Code. Mr. Casalanguida and Mr. Reischl will report. MR. CASALANGUIDA: Good morning. CHAIRMAN COYLE: Okay. Good morning, Nick. MR. CASALANGUIDA: Good morning, Commissioners. For the record, Nick Casalanguida. First I'd like to apologize to the commissioners. We started this process about a year ago, and it's hard to believe we've been down this road a year and a half from the change from Transportation and CDES. Unfortunately, right after you blessed this project, Susan Istenes took on a job opportunity someplace else, so it took us a few months to get collected. But I wanted to introduce Fred Reischl, who you remember, some of you, from the past. He is now on board with Collier County, Page 54 June 28, 2011 and he'll present these next two items. I'm excited to have him back, because at least we have a very qualified person who's going to take us down the road. On the second item, real quick, County Manager has asked CBIA and some of the building industry to work with our staff to look at inefficiencies or processes within the code that don't work well with trying to get development back up and running. With the clear direction of the County Manager, the quality was not to be sacrificed through this. So Fred will be talking about that as well, too. So, without hesitation, I'll bring Fred up front. COMMISSIONER FIALA: Nice to have you back, Fred. CHAIRMAN COYLE: Yeah. Good morning, Fred. Welcome back. MR. REISCHL: Thanks, good morning. Mr. Chairman, Commissioners, great to be back, too. Fred Reischl with the Growth Management Division. And as Nick said, this is a presentation to update you on the administrative code. Currently your staff is reviewing the draft administrative code, which was prepared by our consultant. We're comparing the draft to the Land Development Code to ensure that nothing was added, deleted, or significantly changed. Currently the Land Development Code contains both processes and regulations, and the administrative code will remove the processes and translate them into plain English and organize them in user friendly format. The resulting administrative code will contain instructions for applicants, the public, and county staff. The advantages of the administrative code, it will be written in plain English, it will be organized by steps leading to the ultimate goal, which will be the permit, as opposed to today where the LDC has you jump around in various locations, and it will be adopted by resolution, so it will be easier to change the process. Page 55 June 28, 2011 The regulations themselves will still remain in the LDC by ordinance, so those will remain with safeguarded public hearings. Since this is an update, no board action is required, but I'll be happy to answer any questions. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: We're going in the right direction. I like what we're doing. Finally we've got something that the public will be able to assess and be able to use as a user manual to get there. And I'd like to make a motion at this time for approval. CHAIRMAN COYLE: Motion by Commissioner Coletta for approval. Is there a second? COMMISSIONER FIALA: I will second that. CHAIRMAN COYLE: Okay. Commissioner Fiala seconded. Any further discussion? MR. MITCHELL: Commissioner, we have a public speaker. CHAIRMAN COYLE: Only one? MR. MITCHELL: Only one. CHAIRMAN COYLE: Okay. Let's call the public speaker. MR. MITCHELL: Nicole Johnson? MS. JOHNSON: That's for the next one. CHAIRMAN COYLE: Okay. That's for the next item. MS. JOHNSON: 10E. CHAIRMAN COYLE: Okay. That's encouraging. Okay. So we don't have a public speaker anymore for this item. MR. MITCHELL: No, sir. CHAIRMAN COYLE: Okay. All in favor, please signify by . saYIng aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. Page 56 June 28, 2011 CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Thank you, Fred. Good presentation. MR. REISCHL: Thank you. Item #10E BOARD OF COUNTY COMMISSIONERS (BCC) APPROVED A LAND DEVELOPMENT CODE AMENDMENT CYCLE - MOTION TO APPROVE AS A CONCEPTUAL STARTING POINT - APPROVED MR.OCHS: Commissioners, next item is 10E. It's a recommendation that the Board of County Commissioners approves a Land Development Code Amendment Cycle. Again, Fred Reischl will present. MR. REISCHL: Thank you, again. Fred Reischl, Senior Planner with Growth Management Division. And this is a request to direct the County Manager to begin an LDC Amendment Cycle, fiscal year 2012. During the review of the Administrative Code that I was just talking about, we found several areas that had glitches in the Land Development Code. In addition, as Nick mentioned, CBIA has some suggestions for possible amendments, and amendments are also driven by Growth Management Plan Amendments, the Evaluation and Appraisal Report, and also State Legislation from the last Legislative Cycle. Of course, all amendments will be vetted at public hearings, and the Planning Commission and you will hear them through public hearings. And, of course, as always, staff is committed to maintaining our community character while improving the efficiency of the product. Page 57 June 28, 2011 So we ask that you vote to initiate the LDC Amendment Cycle, Fiscal Year 2012. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Fred, correct me if I'm wrong. This is a way to streamline the process and using a little bit of common sense? MR. REISCHL: That's part of it, right. COMMISSIONER HENNING: Okay. MR. REISCHL: As I said, they were also state mandated and GMP mandated. But yes, the glitches are a way to maintain community character and streamline the process. COMMISSIONER HENNING: Okay. I mean -- and I have some concerns, and I'm sure others do. I don't want to lose the opportunities for creating a better document than one sector of the community has suggested, to streamline the process. And I would hope that we could open that up to others that have some input on that. MR. REISCHL: Understood, yes. Our meetings will be open. COMMISSIONER HENNING: Which meetings? MR. REISCHL: Any that we have at Growth Management Division as well as, obviously, the public hearings. COMMISSIONER HENNING: Okay. So they're -- those will be advertised then? MR. REISCHL: They'll be advertised through the website, I believe, is how we would do that, colliergov.net. COMMISSIONER HENNING: What's the name of the meeting or the group or something like that? MR. REISCHL: It will be Land Development Code Amendments. COMMISSIONER HENNING: Okay. MR. OCHS: Commissioner, we can put out media releases as well about those meetings if the board would like that extra step. I think it's a good idea. Page 58 June 28, 2011 COMMISSIONER HENNING: Yeah. If you're going to take input -- MR.OCHS: Right. COMMISSIONER HENNING: -- let's get everybody's input. MR. REISCHL: Understood. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: No. I already spoke before. CHAIRMAN COYLE: Okay. All right. All in favor of the motion? MR. MITCHELL: Sir, we do have a public speaker for this one. CHAIRMAN COYLE: That's right, Nicole Johnson. MR. MITCHELL: Nicole Johnson. CHAIRMAN COYLE: Are you sure it's not for the next item? COMMISSIONER HENNING: Do we have a motion on this one? CHAIRMAN COYLE: Yeah, we do, made by Commissioner Coletta, second by Commissioner Fiala. COMMISSIONER HENNING: Okay. That was a previous one. CHAIRMAN COYLE: You didn't do that? COMMISSIONER COLETTA: No, sir, but I will. I'll make the motion. CHAIRMAN COYLE: Well, wait till Nicole speaks. You might want to change your mind. MS. JOHNSON: Good morning. For the record, Nicole Johnson here on behalf of the Conservancy of Southwest Florida, and we do support setting this LDC Amendment Cycle. We appreciate that CBIA, as one of the important stakeholders, was drawn into the process early on, but we do want to remind everyone that there are many other stakeholders who are very interested in being part of the process, so we appreciate the comments that you've made to make sure that everyone is included as this moves forward. Page 59 June 28, 2011 Certainly, the Conservancy wants to be part of the process, and there are a lot of other interested citizens and stakeholders who also, I'm sure, want to participate. Regarding the amendments that have been proposed by CBIA, they're still in concept form, and it's a good starting point, but I would request that these amendments be just that, a starting point for discussion. They still need to be further vetted before we decide that those actually should be the amendment topics that move forward. So we would just ask that this is a conceptual starting and that everyone be involved. Thank you. CHAIRMAN COYLE: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. I'll make a motion to approve this item as a conceptual starting point and make sure that all the stakeholders -- although I know you are already doing that -- all the stakeholders are involved. COMMISSIONER COLETTA: I'll second it. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala, second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MR. REISCHL: Thank you. Page 60 June 28, 2011 Item #10G FINAL MANAGEMENT PLAN FOR THE GORDON RIVER GREENWAY PRESERVE UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AND DIRECT COUNTY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PLAN - APPROVED W/STAFF'S AMENDMENT MR. OCHS: Commissioners, that moves us to Item lOG on your agenda this morning. It was formerly 16E7. It's a recommendation to approve a final management plan for the Gordon River Greenway preserve under the Conservation Collier Land Acquisition Program. CHAIRMAN COYLE: And it was pulled from the consent agenda by Commissioner Henning so, Commissioner Henning, we'll let you begin your questions. COMMISSIONER HENNING: Which -- formerly what? MR.OCHS: It was 16E7, sir. COMMISSIONER HENNING: Okay. I got to get to that, because I do have some highlighted items there. CHAIRMAN COYLE: And how many public speakers do we have, Ian, for this one? MR. MITCHELL: Sir, we've no public speakers. CHAIRMAN COYLE: Okay, good. Could you turn offmy light, please. Thank you. COMMISSIONER HENNING: Did staff write this, the management plan? MS. HENNIG: Yes. COMMISSIONER HENNING: Okay. It appears that you have some items in here that -- actually, I need to get to the -- find the __ there was -- was it 54 pages to this management plan? MS. HENNIG: Sixty-six. Page 61 June 28, 2011 COMMISSIONER HENNING: Pardon me? MS. HENNIG: Sixty-six, I think. COMMISSIONER HENNING: Sixty-six. That's a lot of management. How many acres? MS. HENNIG: For the record, Melissa Hennig, Principal Environmental Specialist. COMMISSIONER HENNING: Each parcel needs to have it's own management plan in it? MS. HENNIG: Yes. COMMISSIONER HENNING: Why? Why can't it -- I mean, it's one greenway. Why can't it have one management plan for the greenway properties that Collier County owns? MS. HENNIG: That was the way we were going to head. And according to the Conservation Collier ordinance, we need to have a Land Management Plan within two years, and then it gets updated as we go. The greenway parcel to the North, the Greenway Park and Freedom Park, they received funding from FCT, and per that funding, they're required to have a separate -- CHAIRMAN COYLE: FCT, for the public, is? MS. HENNIG: Oh, Florida Communities Trust and per that Grant Agreement, they need to have their own management plan for those properties, and that management plan -- any revisions made to those plans needs to go through the DCA, through the state. And because we update our management plans a lot -- like, annually we look at our plans, and we're required every five years to look at the plan -- we thought it would be a problem if every time we updated our plan they had to update theirs. So we have them separate. But we are all working together, and we're, some day, going to have an overarching plan for all of them. COMMISSIONER HENNING: Okay. It just seems like a lot of work, unnecessary work. And what you're saying is you're going to Page 62 June 28, 2011 streamline that? MS. HENNIG: What we'll most likely do is we'll all get together, all the partners, when it's completed and have a -- kind of like a management maintenance plan for the public-access portion of it. COMMISSIONER HENNING: You have a -- after the initial exotic removal, then you have a three month management or three month of continued maintenance; every three months you're going to continually go in there and manage the exotics? MS. HENNIG: Yes. COMMISSIONER HENNING: Is that normal? MS. HENNIG: Yes. We normally -- it's very thick. And in the Gordon River Greenway -- it's adjacent to Caribbean Garden, so a lot of horticultural wastes grew and became invasive, so once you do an initial removal, if you don't keep up with it quarterly, it's just going to re-grow, and all that initial money you spent to get rid of it is wasted. So normally we'll-- on something like that -- and at Freedom Park, you stay on it quarterly for probably two years, and then you drop it down to maybe every two -- twice a year, and then finally annually. COMMISSIONER HENNING: But this management plan says that you have to do it every three months. MS. HENNIG: What page? Normally it's every three months for two years, and then we drop it down. COMMISSIONER HENNING: Let me find that for you. I'm sure I have that highlighted. MS. HENNIG: I could-- COMMISSIONER HENNING: You have an onsite manager. There's going to be an onsite manager on this? MS. HENNIG: There will be at Freedom Park, through-- COMMISSIONER HENNING: Through parks and rec? MS. HENNIG: Through parks and rec. COMMISSIONER HENNING: Okay. Let me get to the page. I Page 63 June 28, 2011 apologize. This is Page 43 of the management plan, Item 1.4. It says, enacting a regular maintenance event for a maximum of three months after initial removal. MS. HENNIG: Right. I could change that and make it more clear that it's three months for two years, and then we'll readdress it. And if so, we'll drop maintenance treatments to every six months. COMMISSIONER HENNING: Okay. I think that's reasonable. Page 45, Action 4.1, continue coordinating with design, permitting, and planning with parks and rec through Kimley Horn. Is there any end to that consultant? MS. HENNIG: Is there any end? COMMISSIONER HENNING: End working with the consultant? When is the -- when -- this is a consultant to develop the greenway. MS. HENNIG: Right. COMMISSIONER HENNING: When does that -- or are we going to end any responsibilities? MS. HENNIG: I'm going to turn it over to Alex Sulecki. COMMISSIONER HENNING: Okay, thank you. MS. SULECKI: Good morning, Board. For the record Alex Sulecki, Coordinator of Conservation Collier. Sir, the consultant's role will end in the greenway after the Site Development Plan is accepted. COMMISSIONER HENNING: Okay. Is there any way in the future to have these management -- write these management plans so they're not so bulky? MS. HENNIG: We can work on streamlining them. These have been -- we started in 2005 with our first plan, and we contracted that first plan out, and we received a template. And that template is to be used -- each one of these preserves will have these plans in perpetuity, and every ten years they'll be reviewed officially, and they'll stay __ and the intent is to be able to hand this document over to just-- Page 64 June 28, 2011 anyone that just started, they can read it and be able to manage the preserve. COMMISSIONER HENNING: If you give them less pages, they could read it quicker. MS. HENNIG: True. But we did go -- I'll work with the committee to see if we can streamline it. In the beginning -- they've been through and they have actually added things to it, so we'll try. COMMISSIONER HENNING: I don't -- I'm not sure if you really need the plant material in a management. The whole idea is to manage the property. How you're going to, you know, keep the invasive exotics out of there, anybody working on removing those exotics hopefully knows what a native species is versus an exotic . speCIes. Is there any way -- do you feel that we need to change the ordinance? When you have different parcels, you're going to have different management plans on there. Pepper Ranch has several parcels on there. You're going to have a management plan for each of those parcels? MS. HENNIG: No. We normally have a management plan for the preserve. If there's multiple parcels, it's one management plan. COMMISSIONER HENNING: So you're reading the ordinance as per contiguous. MS. HENNIG: Correct. COMMISSIONER HENNING: And not each parcel? MS. HENNIG: Right. COMMISSIONER HENNING: Great, thanks. So I'll make a motion to approve with the amendment suggested by staff. CHAIRMAN COYLE: Okay. Is there a second? COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Henning to approve staffs recommendation with the minor modification that has Page 65 June 28, 2011 been placed on the record, seconded by Commissioner Fiala. No further discussion, all in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. And I would like to point out that this one is complicated by the fact that there are multiple agencies over which we have no control, the City of Naples, Airport Authority and, of course, Conservation Collier. We have administrative control over it, but it is a separate source of funding and has separate requirements. So the good thing about this is that we've been able to work all that together, but we've had to develop different management plans because of those reasons. COMMISSIONER HENNING: Well, we have one just prior to that is -- the management plan is very bulky also. CHAIRMAN COYLE: Well, sometimes if you, you know, have a complete plan and you want to make sure it's properly maintained, you have to spell out the steps in some detail. But, nevertheless, it's -- thank you very much. Item #10A APPROVE THE APPLICATION BY ARTHREX, INC. AND ARTHREX MANUFACTURING, INC. TO PARTICIPATE IN THE FEE PAYMENT ASSISTANCE PROGRAM, THE JOB CREA TION INVESTMENT PROGRAM, THE ADVANCE BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM, Page 66 June 28, 2011 AND THE FAST TRACK REGULATORY PROCESS PROGRAM. (FISCAL IMPACT ESTIMATE: $2.282.969) - APPROVED MR. OCHS: Commissioners, you have an 11 a.m. time certain item this morning. It's Item lOA on your agenda. It's a recommendation to approve the application by Arthrex, Incorporated, and Arthrex Manufacturing, Incorporated, to participate in the Fee-Payment Assistance Program, the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program, and the Fast Track Regulatory Process Program. The estimated fiscal impact of these economic incentives is $2,282,969. Mr. David Jackson, your Executive Director for Business and Economic Development, will present. CHAIRMAN COYLE: For all of you who are here to speak on this item, I want to remind you how incredibly fortunate you are. We seldom, if ever, start a time certain item at the time certain it's advertised. So if you will allow for the fact that the clock is one minute fast, we're right on time. Okay. Thank you very much. David, go ahead. MR. JACKSON: Good morning, Commissioners. David Jackson, Executive Director of Business and Economic Development. I'll be brief, hopefully brilliant, and definitely be gone by the end of this session here. Before you today is an Economic Stimulus Application from a qualified applicant requesting to participate in four of the BCC approved and fully recognized Economic Incentive Programs. This is the first step in a two step process. This first step is the application approval. The second step will be execution of an agreement, and that will happen at a future date. I recommend a motion, a second, and unanimous approval of this application by Arthrex to participate in the Collier County Economic Stimulus Program's Job Creation, Impact Fee Assistance, Broadband, Page 67 June 28, 2011 and fast track permitting. I'll make three points: Chapter 49, Economic Incentive Programs requested in this application are programs that have been approved and funded by the BCC since 2003. Arthrex exceeds the job requirements. Arthrex meets the requirements for impact fee assistance. Arthrex meets the broadband requirements. Arthrex meets fast-track requirements; therefore, Arthrex is fully qualified to apply for and be approved for participation in these programs. In my former life, in my company of officers, we called this a no-brainer. Point 2, all backup and statistical analysis is provided in the BCC Agenda Package, including two independent economic analyses that show the future impact on Collier County's economy in detail. Point 3, staff received requests from members of the public for additional information, of which we provided. And to answer a commissioner's questions, we provided further backup showing our math on how we got our answers. That information was forwarded to all of you on the BCC by the county manager as additional information. Here's the "Be Gone" part. You have an approved set of economic incentive programs, Chapter 49 . You have a qualified applicant, Arthrex. You have a thoroughly vetted application by the EDC and county staff. This is the first of a two step process. At the end of the day, if the discussions last that long, there should be a motion, a second, and unanimous approval for the following recommendation: That the BCC approves the June 9,2011, economic stimulus program application by Arthrex, Inc., and Arthrex Manufacturing, Inc., to participate in: Fee Payment Assistance Program, Job Creation Investment Program, Advanced Broadband Infrastructure Investment Program, and Fast Track Regulatory Process Program and for the BCC to task staff to return with agreements for board approval. Commissioners, that's the end of my summary. Representatives Page 68 June 28, 2011 from the EDC, FGCU Electric (sic) Business -- the College of Business, and Arthrex are here to assist you in this discussion, if needed. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. This item has been vetted out in the community. I appreciate the efforts of the EDC and the Chamber of Commerce and all the citizenry that joined in the effort going forward. And I think we ought to set the mood on this in the direction we're going to help give some guidance to the speakers that will be coming up. And with that, I'd like to make a motion for approval. CHAIRMAN COYLE: Okay. Motion for approval by Commissioner Coletta. COMMISSIONER FIALA: And I will second that. CHAIRMAN COYLE: Second by Commissioner Fiala. How many speakers do we have, Ian? MR. MITCHELL: Sir, we have 16 speakers. CHAIRMAN COYLE: Sixteen speakers. Okay. Commissioner Hiller, you want -- okay, go ahead. COMMISSIONER HILLER: Thank you. I'm sure everyone's wondering how I'm going to vote today and, obviously, there are a lot of people who are here today who have asked me before today's vote as to what my thoughts were and what I was going to do. COMMISSIONER HENNING: I didn't ask you. COMMISSIONER HILLER: No, you didn't. Congratulations. You're one of the few. In all fairness, I understand, you know, the issues surrounding this application, and so I actually took an extraordinary amount of time to really study the law and the application to make sure that my final decision was absolutely fair and based on the law, the facts, and the numbers. So with that I just -- I want to share a few things that I noted, Page 69 June 28, 2011 because I think it's very, very important that this be on the record in order to explain my position here today. To begin, you know, Arthrex has been a really great corporate citizen. They've made very significant positive contributions to the community with respect to, you know, their expansion, with respect to their research, and with respect to other contributions, which they have cited in their application package. And you know, philosophically, Reinhold Schmieding, who is the principal of Arthrex, and I shared a common philosophy, and that common philosophy -- and I'm just going to read a quote to you, and this is directly from Mr. Schmieding in a September 17, 2010, article. And he said, inequality and bias in funding single-enterprise corporate welfare without a voter referendum is an unacceptable government precedent that undermines justification for our further investment in business expansion in Collier County. And that was on September 17th of2010. And similarly on July 6 in 2010, he said, we fundamentally oppose the use of taxpayer generated funding to subsidize individual private enterprise in Collier County without a voter referendum. And, by the way, this is the second time that Arthrex is applying for an incentive. They had done so before, and they decided not to pursue that. So with that, I, you know, very carefully reviewed all the material. And I want to start by saying the first threshold question -- and this goes to Mr. Jackson's presentation where you said that we have a qualified applicant, and you explained the reasons why. There's actually a threshold question that comes before what you presented. And what the law provides is, with specificity, with respect to the Fee Payment Assistance Program and the Job Creation Program is that the application for the incentive program must be filed prior to making the decision to locate or expand within Collier County. And the reason for that is obvious; because it's intended as an incentive. Page 70 June 28, 2011 We are intending to use public tax dollars to incentivize a company to either relocate or expand in Collier County. And, unfortunately, in the case of Arthrex's application, this application comes after the decision was made by Arthrex to expand in Collier County. And just to, you know, validate that, I've pulled Arthrex's public announcement, which was made on April 15th of 2011, where they formally disclosed their commitment to expand in Collier County, and specifically in Ave Maria. And their application is dated May the 18th, 2011, and then Tammie's review, I believe, was concluded in June, and then submitted to us. So with respect to that threshold question, this application does not qualify because it's not really an incentive. But let me continue, because let's assume that if it did qualify, how would we review this application? The next issue of concern is the land, because one of the issues that I think everybody needs to understand is that we are using public tax dollars to pay for these incentives. This is not like we are not going to be cutting a check, and because this has to be secured by liens against land, we have to know who owns the land that we are using as security to protect the public's investment. And in that regard there are two issues in the application which raise concern, and that is the ownership of two parcels, one of which is the Ave Maria site that is described. And there is no evidence of ownership on Arthrex's part. And I did meet with the -- well, the leadership of Arthrex, and Arthrex's leadership team explained to me that there was no ownership. There was no lease. So I'm not really sure, you know, what the response to that is. The second issue is the question of the rezoning. I spoke to staff and, you know, this is a property which still has to go through a rezoning approval before it can be developed as they would like to develop. So there's no even -- there's no certainty there that that is necessarily going to happen. That's a future act. Page 71 June 28, 2011 And the other parcel that is of concern is actually a parcel owned by the Naples Daily News, or it would seem that it's owned by the Naples Daily News, but there's some confusion there, because even though they said they're going to develop on it and the Naples Daily News PUD clearly identifies them as being owners of the parcel, the fact of the matter is, now we've got a different owner of that parcel, and it begs the question why we haven't had a PUD Amendment. But, you know, if they've got more information forthcoming that would be beneficial. And that parcel is owned by Ocean Boulevard Partnership. So you've got, you know, questions about what we actually can lien based on the disclosures and the ownership interest. I then went ahead and I reviewed the calculations both for the Job Creations Program and for the Fee Payment Assistance Program, because part of this application is setting out the numbers, if you will, as to what Arthrex would like to receive by way of incentive. So first let me just very quickly address the Job Creations Program. It's intended to stimulate the creation of high wage jobs, and that's why in the application, you know, they want to ensure that at a minimum you are going to create a certain number of those higher wage jobs. The calculation, however, of what that incentive ought to be is based on actual jobs that pay those high wages. In other words, not 100 percent of the jobs of the entity, including those below the ordinance threshold as well as above the ordinance threshold, but including -- only to include those above the threshold. So right now the incentivization is for a million two based on 600 employees at 2,000. In fact, you know, applying the objective and the standards of the particular ordinance, my calculation would result in a $600,000 incentive. That ordinance, by the way, has a problem in it because it does base it -- rather than allowing it -- the funding at the discretion of Page 72 June 28, 2011 future boards, it provides, in effect, a mandate that the county manager must appropriate based on fund availability . We've got a real problem with that because we will never be out of funds. I mean, we're at, what, 3.4 mills or whatever it is; we have up to 10 mills to go. So that basically binds future boards. So the ordinance I think, that needs to be looked at, but that's an aside. The ordinance -- the incentive ordinance requires with specificity the month and year that each job will be created. That hasn't been identified with respect to this project. And one thing I would do is I would really encourage Arthrex to look at the state program, because at the state level they would get 1.8 million based on that criteria of which 1.2 million would come from the state and only 600,000 would come from the county. So they would make a lot more money if they took the state program's options as opposed to Collier County's. Also, look at Southwest Florida Workforce Assistance. They would be able to get between four and five thousand dollars per employee, and even just at 75 employees, they'd have between three and four hundred thousand in incentives there, which would be very positive. So those are my concerns with respect to that program. The next issue is the impact fee program. And there was a lot of confusion. When I spoke to a lot of people in the community, people thought when you waive impact fees, there's no cost to county government. There is an absolute cost to county government. And I was very concerned about that, because we are currently in a deficit position. We absolutely don't have the money. To give you an example, our sheriff had to cut $4 million from his budget to balance our next year's budget. That's just the sheriff. So the question came up as to whether or not impact fees can be legally waived, and that was asked to me by a lot of constituents. And I asked the county attorney with respect to that. I had done some independent research, and I wanted confirmation. Page 73 June 28, 2011 County attorney's response to me on that was the board can pass an ordinance, and the ordinance is presumed valid unless a court strikes it down. Now, that obviously doesn't answer my question, but that is how he chose to interpret that. And what I went ahead and did -- and I found that our attorneys, our outside counsel, Nabors Giblin, has actually put together an excellent explanation of why the taxpayers are obligated when we give impact fee waiver to a business to pay for that waiver using property taxes to reimburse the impact fee fund. In essence, if we don't it is considered an illegal -- the impact fees are considered an illegal tax. So everybody understands, when we are waiving it, it's not like we're just waiving the impact fee and there's no check that has to be written. The General Fund has to write a check using Property Tax Dollars to reimburse the Impact Fee Fund and make it whole. And I'd just add that, and I'll, obviously, provide this. And, Jeft: you may want a copy of this. It's recent. I don't know if you have one. MR. KLATZKOW: I think I understand the law, ma'am. COMMISSIONER HILLER: Well, you didn't explain it to me, but that's okay. MR. KLATZKOW: Well, it's just like that, ma'am. Youjust chose not to listen, but that's fine. COMMISSIONER HILLER: I've got an email.No. sir. Okay. So continuing. So with respect to that, I very carefully evaluated what we are offering to Arthrex and what Arthrex is -- or I should say what Arthrex is asking for again in the application. And I had the opportunity yesterday to review the numbers with staff. The schedules that staff have were not included in the original backup package. But staff was very helpful, and they really did an excellent job explaining how they came up with their numbers. June 28, 2011 I went back, reviewed the law, and the bottom line is, the -- there are certain issues with the calculation of the impact fees. First of all, the rate being used right now to calculate the transportation impact fee is, in fact, a rate that has not yet been adopted. If Arthrex goes forward with this application before that date, the existing rate has to be used. You can't advance that. That would result in about an additional 900,000. The calculation of the impact fees on the western portion requires that the General Fund be made whole with respect to approximately the incremental value of impact fees on 80,000 square feet, which has not been included, and that is very much a waiver program. It's a redevelopment program. But, again, it has to be made whole. So that would add additional incentives to somewhere under another million. Then with respect to the time line for the payment that the county has to make to reimburse the impact fee funds, it's got to match the current ordinance, which it doesn't as presented. And also there is a threshold with respect to what the maximum impact-fee assistance can be, and that has to be based on -- and that's based on anticipated ad valorem dollars to offset that. And, unfortunately, the maximum as presented is not based on taxable values, so it's higher, so the threshold is, in fact, lower. So, potentially, we've got two issues with respect to the impact fees, and one is that the impact fees are -- that the General Fund has to reimburse to the impact fee fund substantially more than what's being proposed, and the threshold that Arthrex would qualify under is lower, meaning that Arthrex's contribution would have to be greater. Additionally, we're dealing with two separate companies, not with one company. And it goes to the issue, again, of liens and who the checks are going to be cut to. The application morphs these two companies together. You can't do that. You have to actually divide the companies, divide the assets, you know, divide the liens, divide the incentives. Page 75 June 28, 2011 The project overview section wasn't completed. I mean, the ordinance has specific requirements, again. It says you have to provide the cost of the land. Land costs are not included. You have to provide the month and year of substantial completion of each project, and that's not provided. I mean, those are -- those are requirements of the ordinance with respect to this application. Overall, the concerns that I have with respect to the omissions -- while there are others, you know, that I could go into, I don't want to go into that level of detail at this point. There -- I had mentioned the rezoning, which wasn't discussed. Probably the most significant to me and one of the things that caused me the greatest amount of concern with respect to this application goes to one question specifically, and that one question is as follows. Okay. And this is the application, okay. And let me -- actually, let me just begin by saying this: This application is -- was presented by the Controller and Vice President, two separate individuals, and there is an attestation, and the attestation is that "To the best of my knowledge, the information included in this application is accurate." And now I'm going to read the question. The question is: List and explain any Criminal or Civil Fines or Penalties, recent or ongoing Investigations and Lawsuits, Federal, State, and/or Local Tax Liens and Environmental Issues that have been imposed upon the company, its executives, or its affiliates, and any recent bankruptcy proceedings of the applicant or its parent company. Failure to disclose relevant information may mean automatic disqualification. If there are no issues to be identified, answer "none." Do not leave the question blank. And the answer was "none." Now, ladies and gentlemen, the Naples Daily News last week reported that Arthrex won a lawsuit. And when I read that article -- and I really appreciated that the Naples Daily News announced this -- I was reminded of the fact that Arthrex had indicated "none," but that alone isn't the issue. The issue is is that last Thursday litigation which Page 76 June 28, 2011 has been pending for years was decided, and it was decided against Arthrex, and it resulted in a judgment against Arthrex to the tune of $85 million. And when I found that out and I found that Arthrex had not disclosed their litigation knowing that a suit of this magnitude was pending, it left me very concerned. It raises the question as to why we are not asking for financial statements of businesses that are applying for economic incentives. It begs the question why a company that is facing an $85 million judgment, an $85 million loss, would try to get what, in effect, could very well amount to somewhere between three and four million dollars with the adjustments that we discussed. Or let's just leave it at the number that they're proposing of two million, say somewhere in the range of two to four million, from a county that can't balance its own budget, where we have to pay for these impact fees after we have just cut spending in department after department. We need to ask the taxpayers what they want to do by way of supporting an incentive program and then have objective criteria to ensure that we don't run afoul of the law, for example, with respect to impact fees, and that is, in fact, in the Nabors Giblin opinion. And so with that, I would like to hear what the speakers have to say before I announce how I would like to vote. CHAIRMAN COYLE: Commissioner Fiala, do you want to go next, or you'd rather hear the speakers? COMMISSIONER FIALA: If you would prefer, I could wait till the speakers are finished. CHAIRMAN COYLE: Oh, I have no preference. If -- I just -- I don't know; I can't contain myself sometimes. But among many things that I disagree with that have just been told to you is the statement that the county can't balance its own budget. The county has to balance its own budget. It can't print money. The county has no deficit. The county hasn't increased yourn Page 77 June 28, 2011 taxes. We have balanced our budget every year for the past, probably, 40 or 50 years, and we have done so with substantially lower revenues. Our revenues have decreased dramatically with the economic recession, and every year we come back to you without raising the taxes, and we balance the budget. So with that, I'll call the speakers. And we'll -- COMMISSIONER HENNING: May I? CHAIRMAN COYLE: No. I'm calling the speakers. We'll handle the rest of it later. Go ahead, Ian. MR. MITCHELL: The first speaker is -- we will use both podiums, please. The first speaker is Michael Reagen, and he'll be followed by Ed Morton. MR. REAGEN: Mr. Chairman and Commissioners, my name's Mike Reagen. I'm the president of the Chamber of Commerce. Not -- forgive me, I don't claim any legalistic, bureaucratic, or rhetorical flourish in the comments I'm about to make. We've got 1,800 members in the Chamber of Commerce. They employ about 60,000 people. We're in the midst of a bumbling recession. It is absolutely critical that you be supportive of Arthrex. This is a world-class company that is here because they choose to be here. They could be anywhere. We need to increase commerce. We need to have a friendly approach within the law and have good intelligent debates. And so bottom line is, this is something that you ought to do, and you ought to explore all the niceties and everything very carefully. I would urge you to have a unanimous vote to send a signal across the United States that Collier County is open and welcoming to this kind of business. Page 78 June 28, 2011 Thank you, Mr. Chairman. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Mr. Morton will be followed by Clark Hill. MR. MORTON: Good morning. CHAIRMAN COYLE: Good morning. MR. MORTON: My name is Edward Morton, for the record. I've been a resident of Collier County for roughly 40 years now. I stand before you this morning representing the business community. I've been asked to represent the officers of the Chamber of Commerce for the past 40,45 years here in Collier County. We've reviewed the application, and we believe that it deserves not only unanimous, but enthusiastic support. There are a number of factors that I think we in the community need to look to to those types of organizations and those types of facilities that will cause this community to change its dependence upon Agricultural, Development, and Tourism. Arthrex is one of those companies. It integrates very well with the academic community. I'm a board member of Florida Gulf Coast University . We know very well how this will integrate with our Department of Engineering and Science. Arthrex is an incredible partner in education. Two, it integrates very well with medicine. Medicine is a flourishing industry here in Collier County. Without people like Arthrex, we will not suffer the positive benefits of increased performance in Orthopedic Surgery. They make just a phenomenal member of our community in pursuit of medical excellence. Lastly, they also integrate very well with the business community, with the quality of life. They're a tremendous corporate citizen and donated thousands, if not millions of dollars over the past few years to this community. Lastly, I'll leave you with this bit of wisdom from Thomas Jefferson. Thomas Jefferson was talking about judges one day, and he Page 79 June 28, 2011 said that if I, in this case, this project, am judged, be I judged by a jury of common people trusting in their common sense and good judgment, that I will be afforded justice rather than by those who confuse themself with the truth by parsing with words. Thank you very much. MR. MITCHELL: Mr. Hill will be followed by Kathy Curatolo. MR. HILL: Good morning, Commissioners, and thank you for allowing me to speak. I'd like to start by reading a letter that appeared in the Naples Daily News recently. It reads: Editor of Daily News, on behalf of the Collier County Lodging and Tourism Alliance, I want to say that Arthrex is already a significant contributor to the tourism economy in Collier County, and the announcement of plans to expand is great news following several tough years in the tourism industry. Arthrex brings some 10,000 healthcare professionals and business travelers to Collier County every year, each of whom spends an average of two nights in our hotels, motels, resorts, dines in our restaurants and visits local attractions, and they're here throughout the year, not just during peak tourism season. The contribution from Arthrex to our tourism economy has additional benefits for every citizen in Collier County because for every dollar spent on accommodations, four pennies are collected in tourist taxes. This generates the funds used to renourish our beaches and operate county-owned museums, saving every household in Collier County $631 in taxes annually. Additionally, just has been the case with visitors who are introduced to our area while vacationing or attending conferences, visitors to Arthrex will purchase property, helping our real estate and housing industries to recover. Arthrex is a known quantity. Its leadership contributes more than a million dollars annually to important local projects and organizations. Page 80 June 28, 2011 Today Arthrex distributes 5,000 products to 60 countries worldwide, and demand for these products is growing exponentially. Arthrex will operate with expanded capacity somewhere, and the 300 -- and the 30,000-plus taxpayers employed in our tourism industry hope that it is here. And if I may continue -- since I speak southern -- to finish up here. And it's signed by Clark Hill, Naples, general manager of the Hilton Naples, board member of the Collier County Lodging and Tourism Alliance, but I'm also on the board of the Greater Naples Chamber of Commerce and the Economic Development Council. And I'll tell you that we are unanimous in our support of Arthrex. And Arthrex, I learned yesterday, has requested a unanimous -- unanimous support of this issue. I thought to myself, why ask for unanimous support from the board on this issue when it's not required? I thought, are they trying to send a message, some sort of a message? And then I thought better of that. What Arthrex is saying to us has -- it's not about us. It's about Arthrex. Arthrex is getting ready to decide on their permanent home. They'll be bringing in hundreds, if not thousands of families and -- CHAIRMAN COYLE: Wrap it up. MR. HILL: -- and each of you represent the potential neighbors that these Arthrex families will live next to. Arthrex wants to know if they're welcome to our community and not whether or not there are certain legal issues that may not be right right now. Arthrex wants -- needs to know we need them. CHAIRMAN COYLE: Clark, you really have to wrap it up. MR. MITCHELL: Kathy will be followed by Murray Hendel. MS. CURATOLO: Good morning, Chair Coyle, Commissioners, staff, and community members. I'm Kathy Curatolo, and I come before you today representing the Collier Building Industry Association. Let me start by saying we are unanimous in our support of Page 81 June 28, 2011 Arthrex not only because of the value that Arthrex will bring to our community, but of the past history, the baseline from which we make this recommendation. I appreciate Commissioner Hiller's issues that we are to look at all the avenues, but the reality is we must focus on the outcome, the reality of our community, and what expansion of this corporation, a quality corporation within our community, can do for all of us. I urge you to unanimously support the expansion of Arthrex. Help our community become what we know we can be. Let's take advantage of this model and extend it to others. Thank you so much. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Mr. Hendel will be followed by Bob Murray. MR. HENDEL: Mr. Chairman, Members of the Commission, I am the Chairman of the Collier County Presidents' Council. We have 39 homeowners associations and condo associations. We have access to about 50,000 residents of Collier County. These organizations range from the A ve Maria Association with 300 residents to the Gulf Shore Association OF Condominiums with 5,000 residents. Our board of directors has unanimously endorsed the proposed Arthrex expansion in Collier County. Arthrex is an outstanding community asset. Without going into other details, I implore the commission to vote unanimously to support this project in this county. Thank you. CHAIRMAN COYLE: Thank you, Murray. MR. MITCHELL: Mr. Murray will be followed by Robert Mulhere. MR. MURRAY: Good morning, Commissioners. Pleasure to see you this morning, and staff. I'm here today as a citizen of East Naples, but a citizen of Collier County. I am past president of the East Naples Civic Association and Page 82 June 28, 2011 currently your Director and Chair of its Economic Development Committee. I am also a member of the Foreclosure Task Force and have been so for a number of years now. And in those situations and economic conditions in our county, and the fact of foreclosures having impacted us so severely, it is, in my mind and certainly many here, a ray of hope to stimulate our economy by the addition of these jobs, this new facility, these opportunities. And although East Naples may not directly profit from such a condition, it will profit, because all boats rise on that beloved tide. We can go into a lot of details, and I'm sure that's essential, but I'm also sure that those who develop the appropriate ordinances and whatever mechanisms there are to make this a reality had no intent whatsoever of creating a diversion or an opportunity to elude costs that are appropriate. As a commission, you have the authority to consider the law, recognizing its implications, and doing what is correct for the community. I do not mean that you should disobey a law but instead should look at it clearly for what it obtains. There are many here who may give you many, many facts. I'm not going to recite a number of facts. You have those things before you as well. It would be an absolute shame if we lost this opportunity for this additional growth, this stimulant that will give us the chance to go forward again. Potentially thousands of jobs can result from this activity. The amount of money that is being requested is rather minute considering the number of years and the amount of money that would be returned to the community and the benefits in taxes that will result. So I would hope, as others have stated, that you will give your attention to this, consider the facts, but in the final analysis, please, make it a 5-0. Let Arthrex know that it is welcome to stay here, Page 83 June 28, 2011 because Reinhold Schmieding, who owns the company, can go anywhere he wishes. Thank you very much. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Mr. Mulhere will be followed by Fred Thomas. MR. MULHERE: Good morning. For the record, my name is Bob Mulhere. And this morning I'm here in my capacity as chair of the Collier County Economic Development Council. I'm also a board member of the Greater Naples Chamber of Commerce. As has been mentioned, Arthrex has experienced unprecedented growth since its beginnings in 1991 with three employees. Some 20 years later now, over 1,000 employees. And with this proposed expansion, they are poised to become the largest private-sector employer in the county. They really set the bar for other entrepreneurial companies and other folks who will look to grow their companies in Collier County. These jobs fall within other sectors than the three major drivers in our economy, which are subject to vagaries of weather and economic cyclical downturns and so on and so forth; those being agriculture, tourism, and construction. This is exactly the kind of employment that we seek to attract to Collier County. And this is a home-grown company. Therefore, I respectfully request that each of you vote to approve the requested economic stimulus incentives and ask that you keep in mind that, although I think the risk, based on Arthrex's past performance, is extremely, extremely low, nevertheless, there are protections built into your economic-incentive programs whereby if the company does not perform, they do not receive the benefits. So there's really no risk. It makes all the sense in the world. Thank you very much. MR. MITCHELL: Mr. Thomas will be followed by Duane Page 84 June 28, 2011 Billington. MR. THOMAS: Good morning, Commissioners. Commissioner Hiller, the rest of them know this, but I need you to know some things. COMMISSIONER HILLER: Yes, sir. MR. THOMAS: I, in 2002, finished 40 years of housing and redevelopment across the country. I've been in Collier County since '86, since '86, served as President of the Immokalee Area of Chamber of Commerce, and they brought me back in just recently to become the president of the Eastern Collier Chamber of Commerce. I'm a taxpayer in the part of the county where the aggregate taxes is 16.2 mill, where the average across the county is 14.8. I also know that residential units, multifamily and single, have a greater drain on fire, police, schools, parks and recreation, and all those facilities that we pay taxes to pay for. Industry doesn't take that kind of money. Ag. industry takes even less. In Hendry County and any other county around here, we go out begging for businesses to come to help us satisfy the needs of our residential folks. We beg for them. Not in this county. Got to have this kind of codes and this kind of rule and that kind of rule and this kind of stuff and this kind of pretty at an industrial park. That does not bring industry here. And if industry wants to come out to Eastern Collier County where it won't create any problem for you on the coast, please let it come. Please let it come. Nobody understands why Arthrex -- it's important for Arthrex to get a unanimous decision. They need a unanimous decision so other companies can want to come, and we need to be working on that kind of a thrust so that we can do some things, because, remember, the Roman empire fell, not because they didn't have the mightiest army in the world; they stopped producing the necessities of Rome in Rome. And we are at the hands of China, Pakistan, and the rest till we start producing stuff here that the rest of us will beg us to have. Page 85 June 28, 2011 It's vitally important that we take this kind of a step. It's vitally important that we think in terms of what can we do to bring industry here that doesn't have the biggest drain on our tax dollars and creates some more jobs, brings more diversity for the people in this community. Please give us the unanimous vote. Help us. You understand? Because I might end up living more -- longer than I want to be living, and I want to be able to have a nice, decent community. Thank you. CHAIRMAN COYLE: Thank you, Fred. (Applause.) MR. MITCHELL: Mr. Billington will be followed by Tim Nance. MR. BILLINGTON: Good morning. For the record, Duane Billington. I'm going to start by asking a question. Is this for $2.823 million in assistance and incentives, or is this an open-ended question that we don't know today what it's going to come to? COMMISSIONER HILLER: That's actually a very good question. I mean -- CHAIRMAN COYLE: Your three minutes. Use it any way you wish. COMMISSIONER HILLER: Well, I would-- MR. BILLINGTON: It'd be nice to get some answers, Commissioner. COMMISSIONER HILLER: I'd like to know that. Tammie -- or for someone to answer that. MR. BILLINGTON: If it's 2.82 million, I could rise in support under the condition that we're not creating additional nonexisting incentives or rates that don't exist at this time that others haven't been able to come for. I think our arguments should be based on reason, fact, and the Page 86 June 28, 2011 rule of law. I've heard Thomas Jefferson cited. Well, I don't think he's ever advocated ignoring the rule of law, I don't think he's advocated that the end justifies the means, and he certainly wouldn't advocate using rates not codified in an existing ordinance. So are we -- do we have anything really solid here, or do we have an example of -- another example of why there's systemic problems in our so called partnership with the EDC? I think this is -- as much as I'd like to be able to support this, we still have too many questions. I'd like to see this continued. Thank you. MR. MITCHELL: Mr. Nance will be followed by Lois Bolin. MR. NANCE: Good morning, Commissioners, Tim Nance. I'm here today to speak in support of Arthrex as a participant in the Collier economic- incentive program. You've heard many accolades presented by earlier speakers, and I agree with all of them. They're certainly a dynamic, progressive company, an asset to Collier and its residents. I expect you to pass the motion today, but I'd like to speak to you about a couple specific details, and the reason being that I think this is probably the most important decision that you will make regarding our economic-incentive program because it's the first significant applicant. Arthrex alone cannot transform our economy as good and as great as they are. And I agree with many -- most everything that's been said about them. Looking forward to many applicants to follow, their package and agreement will, no doubt, serve as a model and a template for the future. So moving past the singular application for a second, I'd like to diverge, look at the big picture a second towards the multiple applicants that we may have in the future and the millions of dollars of activity that we're going to have. I wish to mention three issues that I feel need clarification regarding the benefits to taxpayers and residents and defined by our economic development ordinance, the intent of you, as a board, and Page 87 June 28, 2011 the final program agreement and administration. The first one is jobs, which I think is the top issue of concern. As defined in Section 49, it reads, Florida jobs, jobs in Collier County, and, quotes, legal residents of the United States. Nowhere does it specify jobs must be for Collier County residents, and I think you need to clarify, if it matters to you, if the jobs in Collier County are actually filled by residents in Lee and Hendry County. I think we need clarification in the ordinance and the intent of the BCC. Secondly, and those are program administration things. I think that maybe -- they may be impacted by the final agreement. I need you to look -- I think you need to look at funding through ad valorem tax dollars and how they're shifted from one -- from district to another, and how they relate to impact fees, who ( sic) are also shifting from one district to another. If there's a mechanism to repay fees that are transferred from adjacent districts, I think we need to have an accounting of those impact fee transfers. In summary, I think the issue -- these issues aren't important if the program isn't successful, but I'm requesting clarification on these things in your final agreement with Arthrex hoping that the Arthrex program is the first of many. Thank you very much. MR. MITCHELL: Lois Bolin will be followed by Chris Hudson. MS. BOLIN: Hi. My name is Lois Bolin, and I'm here as a resident, as co-founder of Naples Backyard History, and a member of the Board of Directors of the Economic Development Council, which plays a very vital role for this community. I've sort of had to shift what I wanted to say because there was so much information Commissioner Hiller came (sic) out, but I did find an article about -- from Bloomberg talking about this $84 million that just came down. There was also in the same week -- in the same week this victory came down for the company that sued Arthrex, it said, the Page 88 June 28, 2011 U.S. Court of Appeals in a separate case ruled that Arthrex didn't infringe upon this. So now they've got two cases going against this. So, you know, one of my favorite expressions is, we need a one -- good one handed economist because they're always saying, on one hand, it could be this, on the other hand it could be that. Well, the same thing holds for the rule of law. When you start to really looking at everything, it's whoever presents the best case or who has the most time to prepare. I'm delighted -- and I'm definitely here to support Arthrex for many reasons. Where's Mr. Fred Thomas; is he still here? I wanted to give him an "amen" on what he was saying, because he started to sound like an Evangelical preacher there -- because there are many things that are very good about this coming out into this area, and one is what it will do for the children of that area to see a new way to make a living and to make a life. Eighty-eight years ago that area was known for bird pluming and logging and all these various kinds of things, and we've almost now come full circle back to where -- the birth of Collier County was exactly in that area of Highway 29, and here Arthrex is coming back with a new opportunity for revitalization for Eastern Collier County, which opens it up in a whole new light. I strongly encourage you to do this for a lot of reasons. We can find as many reasons to go against it as we can in favor of it, and it's going to depend upon how we choose to look at that. What I do want to say in terms for the Economic Development Council and Project Innovation, two years ago when Project Innovation started, who was talking about economic development and the things that sustained it? Well, we weren't really talking about it, and that was part of a grassroot effort which led, unfortunately, for people to think that Jackson Labs was Project Innovation. It was one thing. Project Innovation is still going on. And of March the 11 th of this year, the first time the EDC met Page 89 June 28, 2011 with the Board of County Commissioners, you all have now started the first Strategic Plan for Economic Development, which is extraordinary. It is awesome. What has happened just in the last year alone for the dialogue of -- we didn't even -- we didn't know what we didn't know, where now we're starting to learn that, as a county, as an EDC, and as a community. And I want to thank Arthrex for serving as that great model and case study that will lead us into the future. Thank you. CHAIRMAN COYLE: Thank you. MR. HUDSON: Good morning, Commissioners. MR. MITCHELL: Mr. Hudson will be followed by Chuck Marshall. MR. HUDSON: Good morning, Commissioners. Most of you know me through my extensive work on nation, statewide, and local campaigns. I'm actually here because I felt this might be in my wheelhouse. Most of you campaigned onjobs. Do I need to actually say any else? The folks that I represent out in Collier County, the Golden Gate Estates folks who happen to be under 30 years old, my friends that I graduated from high school with, they're jobless. Unfortunate, but they're jobless. And you can intend to ignore that these folks are jobless or, as Bob Murray mentioned, that there's foreclosures in District 5 and all over our county, or you can choose to create some work. Give Arthrex its application, let them go forward, create jobs, and we're better for it. Second, speaking specifically to Arthrex, I understand that you get folks in here day in and day out that make promises and commitments. I think the guessing game is over. I think that they're committed to us, and I think you need to commit to them. I think that Page 90 June 28, 2011 they're going to create jobs. And, gosh darn it, I would really hate to come and sit down and read the paper tomorrow and see that you didn't pass this motion. Thank you. MR. MITCHELL: Chuck Marshall will be followed by Tara ( sic) Bragdon. MR. MARSHALL: Good morning, Commissioners. For the record, I'm Chuck Marshall. Earlier many of the speakers spoke glowing words about Arthrex, and I believe they're a great company, but what many of us learned is they were -- when they were talking about how bad Collier County needs them, what bad financial shape we're in, how we have to have them, how we have to spend millions of dollars to keep them brought to my mind, why is that? Why do we have to encourage Arthrex to stay? What have we done as a county that puts us in that position? And it comes to mind what many of the local citizens have said about -- in businesses about how our regulations we've created and the fees and the costs of starting a business has made it almost -- extremely difficult for a company to get started. And so we aren't attracting those companies either to expand or new companies in -- to come into the county. So I would like to suggest that there are two things that we need to look at: Improving our regulations, streamlining them, and making it more cost effective to companies to come into the county. One of the other two things that this brings up is by us picking Arthrex, a great company, we're going down that road of picking winners and losers, we're ignoring the free-market economy, the benefits of it, and that concerns me as a citizen because how many other companies out there would come into the county or would expand in the county when they see us favoring one company over the rest? The other thing that I'm concerned about is our ordinances that Page 91 June 28, 2011 we have. There's two things that has to consider before you can have what used to -- some people call the Chicago pay to play or Crony Capitalism. That's a process in place that allows it to happen and then unethical people that make it happen. I'm concerned that we have put in place a process that enables pay to play or crony capitalism, and I'd hate for us to go down that path that entices either staff or commissioners to go down that -- to go down that path of crony capitalism. That's all I have to say. MR. MITCHELL: Mr. Bragdon will be followed by Tim Cartright. MR. BRAGDON: Commissioners, my name's Tarran Bragdon. I moved to Ave Maria six weeks ago to run the new free-market think tank called the Foundation for Government Accountability, and I'm here to speak in support of Arthrex's application. And I just want to make two quick points. I think at this time of record unemployment this county needs to be looking at every -- removing every impediment possible to new job creation. We heard from the previous speaker that this application would set up a system of winners and losers. I would suggest that you should remove all impact fees from all businesses trying to create new jobs. Approve this application but change the policy going forward to all entrepreneurs, saying jobs are on the way, but definitely approve this application. And, secondly, I heard from Commissioner Hiller that this seems to be a question of money to government. And I would suggest it's not about money to government. It's about jobs. Because the question is not whether you're going to get the money; either you approve the application and you get the jobs or you deny it and the jobs go somewhere else. The question is whether or not this county is going to get the jobs. So I would strongly urge a unanimous vote in support of the application. Thank you. Page 92 June 28, 2011 CHAIRMAN COYLE: You don't work for the Chamber of Commerce, do you? MR. BRAGDON: I do not. CHAIRMAN COYLE: Okay. Good, thank you. MR. MITCHELL: Mr. Cartright will be followed by Doug Rankin, and Mr. Rankin will be your last speaker. MR. CARTWRIGHT: Good morning, Commissioners, Chairman Coyle. My name is Tim Cartright. I'm a Collier County resident, business owner, and Chair elect of the Economics Development Council of Collier County. From my perspective, being active in the venture capital industry, business success is very elusive. Less than one in ten startups obtain Angel funding, less than one in ten Angel deals will see venture capital funding, and less than one in 10,000 new companies will go public. When I look at the success of Arthrex in light of these statistics and the often quoted small business failure rate being greater than 50 percent, it's really remarkable what Arthrex has accomplished. The statistics that were read earlier, Arthrex began operations in Collier County in 1991 with three employees and currently employs over a thousand in Collier County. Arthrex is a proven job creator and deserves unanimous support. Thank you. MR. MITCHELL: Mr. Rankin is your last speaker, sir. MR. RANKIN: Good morning, Commissioners and Chairman. I am a businessman. I belong to dozens of organizations here, ran numbers of them, but on top of all that, I'm a capitalist. And what's the number one word in capitalism? It's called competition. You do not exist here in a vacuum. You exist in competition with other communities. And I will tell you pretty much any other community I'm aware of would kill to get these jobs. And if you vote this down or it doesn't get almost a unanimous vote, you won't have to worry about Page 93 June 28, 2011 these jobs and a whole bunch of others we currently have staying here, because they're going to go somewhere else, because the message will have been sent, and then you're really going to have to worry about where you get the money to fund this county government and everything else. I sit on the Foreclosure Task Force with somebody else. I have a whole stack of articles about foreclosures sitting in my office. Current estimate, it's going to take ten years to straighten them out here in Florida because of some of the things the banks did. That means one of the legs of your famous three legged stool is in splinters, because why should anybody build anything when they can buy a house and lot for what -- basically what the lot's worth because the banks don't care. It's not their money. They're just giving them away. This is the only way you're going to get the construction industry back. This is the only way you're going to get jobs here back. I came -- I've been here 28 years. I came originally from Bradenton. And this county is way behind the curve in terms of attracting businesses. They were doing it in the '50s, '60s, and '70s. And even they just lost two of their major businesses recently to competition from another community. So there will be blood in the water in the -- terms of other communities smelling that if we do not approve this. And we need to -- like the other gentleman says, I hope this is one of many -- first of many applications. But if we don't give it resounding success, it's liable not to be. And that's just the laws of economics and competition. We -- you know, ag's getting hurt by foreign competition and citrus diseases. I already described the construction stool, and we saw how quickly tourism could have a problem with the BP oil spill and other factors. This area of Florida used to be dependent on the industrial northeast, and with all due respect, my question is what industrial Page 94 June 28, 2011 northeast anymore? We need to change this matter and change it quick, because this recession, the first of many that have hit Florida, which is the only one, basically, that Collier County has experienced, other than the 18 months in '83/'84, is a wakeup call, and I hope it's the last. But it's something that is waking us up to the fact we can't continue to do business the way we did before. And this is no criticism to the current commission. I'm talking about decisions made 20, 30 years ago. We've got to wake up, smell the roses, and compete, or we will lose. Thank you, Commissioners. CHAIRMAN COYLE: Thank you. MR.OCHS: Mr. Chairman, Mr. Price, Scott Price has asked for an opportunity to address the Board, Vice President of Arthrex, if the board is so inclined. CHAIRMAN COYLE: I certainly believe they deserve an opportunity to do that. MR.OCHS: Yes, sir. MR. PRICE: Thank you very much, Commissioners. Again, Scott Price. I work for Arthrex. I wasn't going to speak this morning but thought it necessary after a few of the comments I heard. First of all, Reinhold Schmieding can't be here today, with his regrets; he's out of the country. Secondly, we are very thankful and grateful at Arthrex, for the community wide support we've gotten from the business community, from this local government, and from the civic community as well. So we're grateful and appreciative of that. To address a few of Ms. Hiller's points, because I think they need to be clarified because they're not factual. Arthrex was against the Jackson Labs proposal because it was not being offered to all Page 95 June 28, 2011 businesses but rather was focused on a single business and felt the need for a voter referendum for that reason. We previously had applied for impact fee assistance waivers, like all businesses are allowed to do under the current ordinance, and we were granted approval for that. We declined not ( sic) to use those fees because we did not go forward at Ave Maria previously and went, instead, with another building that we had purchased locally, the Hi llerman- Titan (phonetic) building. Also Ms. Hiller referenced that this application needs to be an incentive for Arthrex to locate here. We very just completed negotiations anticipating, hopefully -- not anticipating, but rather in the wrong event that this board did not approve today, we've already negotiated a building to purchase in Fort Myers for about $10 million less than this cost of the facility at Ave Maria would be. We don't think that's necessary, but we were preparing Plan B in case this board was not supporting us today. So the fact is, this is an incentive for us to locate here. Reinhold Schmieding has spent his life here in Collier County, his business career, most of it, developing a business and building the number one Arthroscopy Company in the world. I'm privileged to work for that company, as are another thousand employees, and hopefully another 600 employees from Collier County will be working for this company as well. Collier County's privileged to have this company located here. In terms of the investment risk that she pointed to, the $3 million won't be paid until we've constructed the building facility and created the jobs. Once that facility is constructed, the economic stimulus to Collier County will be in the hundreds of millions of dollars from the moment it is completed because of the construction dollars and the multiplier effect that goes into that. This is a zero risk investment by Collier County. The returns -_ again, the economic stimulus to this community already by Arthrex is Page 96 June 28, 2011 in the hundreds of millions of dollars. Prospectively, we'll be in the billions of dollars over tens of years. This is the simplest investment decision Collier County could ever make, and they actually can't afford not to make this decision. It's not a question of affording this investment. Thank you. CHAIRMAN COYLE: Thank you, Mr. Price. COMMISSIONER HILLER: Mr. Coyle? CHAIRMAN COYLE: Commissioner Fiala was first, please. Let's go in order. COMMISSIONER HILLER: I just wanted to -- CHAIRMAN COYLE: You'll get a chance. Just -- I think you're next, right after Commissioner Fiala. COMMISSIONER FIALA: Thank you, Mr. Price. I really appreciate that, clearing up some of these things. That was important. There were many, many statements made, so -- and I took notes as our speakers were talking. One fellow said something about removing all impact fees, and that was nice that he suggested that. But just in reply to him, even before I get into my other comments, and that is, we have removed all impact fees from people who are buying existing buildings, they're two years old or older, and no matter how they change the business if it was a one-man operation and it happens to then be 150 person restaurant, they don't have any impact fees to pay. Not only that, we've taken the impact fees that exist and cut them in half. So we have tried to work out -- but the impact fees are also important for future growth, because if companies do want to grow and continue to grow, we got -- we must build the infrastructure. And you don't want to pay for that infrastructure. You want the people who are going to use it to pay for it. We don't want our taxes to go up, and that's the purpose of impact fees. Okay. And somebody else talked about crony capitalism. You know, I don't know how it could even be referred to as that when you Page 97 June 28, 2011 figure that this -- this opportunity, this program is for anybody and everybody who wants to apply for it. It's not just for Arthrex. It's for anybody who wants to open a business and qualifies. There are criteria set in place. If you meet that criteria and you want to apply, you can. There's no cronyism to that. Everybody can apply. And it's only if you don't meet the criteria that you wouldn't be approved; otherwise, we would love to have you. Because it's really important to us. As I've said before, you know, commercial pays taxes heavily, and the important thing is your taxes stay low because commercial is paying a heavy amount of taxes. And let me tell you that Arthrex pays plenty, and they have helped keep your taxes low. And, by the way, our budget is balanced. Just to make that clear. N ow let me get down to the meat and potatoes of this whole thing, cost and benefit. It has -- Arthrex has a positive impact right now on our taxpayers because of the taxes they pay. Secondly, as they expand, they're going to even have a greater impact on our taxpayers because taxpayers will be -- will be able to keep their millage rate low . We've kept this millage rate low for forever, it seems; for all 11 years we've been on here. And also, by supporting Arthrex today -- and really, I came into all of this Arthrex stuff -- because I felt wounded from the Jackson Lab business, and I had to stand up and put that aside. You know, what is the best thing for the community? Not what my hurt feelings might have been at the time. It's what's best for the community, and what's best for the community is to support Arthrex. And it also sends a message out there beyond our county lines that says we're open for business, folks. Come on here. We're offering you some incentives to place your business here rather than in another county. We slam the door on this, then we might as well say to all businesses, we don't really want you here, but our taxpayers can pay Page 98 June 28, 2011 the remaining things, or their taxes could continue to go up because we don't attract businesses. I mean, it hits the taxpayers every time. Let me say on behalf of Arthrex, they're a proven business and proven business leader in our community. They contribute to the county, oh, my goodness, dollars and dollars and dollars, over a million dollars a year, plus they contribute in volunteerism, and that's a very important thing, too. And so I think I've said just -- they're going to also help us to move forward as far as good things in future business and drawing them here. I bet they'll draw some here themselves just to assemble around them. So anyway, thank you for giving me the time. CHAIRMAN COYLE: I've been reminded that Commissioner Henning is supposed to go before Commissioner Hiller. So Commissioner Henning, it's your turn. COMMISSIONER HENNING: No. I just had the desire to prior to that. The -- I'm going to support the motion to approve the application by Arthrex and direct staff to develop the agreements to bring back to the board after we do the zoning, which is, I understand, on the July agenda. But I want to address some of the concerns that was raised. The email that I received and the other board members received from Reinhold is not saying that we have made the decision. In other words, we have made the decisions; now we're going to apply for the application. It clearly says, Arthrex, Incorporated, is pleased to announce that we will seek expansion of its corporate facility and employment in Collier County . We will seek the expansion. And we heard from Scott; they are wisely seeking other avenues. That's what you do when you run a business is you look at other avenues, not just the one before you. Page 99 June 28, 2011 The other thing about the lawsuit, and not disclosing that, the federal court, it says -- and I'll read the headlines. Federal court favors Arthrex patent infringements case. And, in fact, Scott Schmieding -- or John Schmieding says, this is a victory for the medical innovation and common sense, said general counsel for Arthrex. It's not that Arthrex has a lawsuit, a deficit against them. The federal court has said Arthrex is right. So whether you disclose that or not is immaterial. The real issue here is many friends and residents that I hear from always ask me, Tom, do you know anybody hiring? And that is the real issue. It's about jobs in Collier County. And we have a proven home-grown company that has created jobs in Collier County and wants to continue creating jobs in Collier County. This is not a Jackson Labs issue. That was a real heated debate. This is a common-sense approach to create jobs in Collier County. And I agree with some that our ordinance -- ordinances need to be changed, but Arthrex has done everything with the requirements in our ordinance. So why wouldn't we say yes to a home-grown company? What would we be saying to the rest of the world if we don't approve a company that wants to expand, not locate, expand here in our community? So I'm very supportive of not only the application, but look forward to the agreements and look forward to that building being built in Ave Maria. That's all I have. CHAIRMAN COYLE: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Thank you. First of all, with respect to the comment about the balanced budget, the current year's budget is balanced. We're required by law to balance our budget annually. Next year's budget has not, as yet, been balanced. We haven't approved next year's budget. And in order Page 100 June 28, 2011 to balance that budget, we will either have to cut expenditures to the tune of millions or we will have to raise taxes. With respect to the overall taxes, looking at the overall taxes in Collier County, they are very high. The ad valorem component is not the only component. The board has kept ad valorem down and has, on the back side, raised fees, for example, to offset the need to raise ad valorem. Impact fees have been the highest in the state. The gentleman who talked about the moratorium, I supported a moratorium. This board voted against it. It was, as I recall, a 4-1 vote on that issue. So I just want to highlight that. I want to address what Mr. Price, Scott Price, the counsel (sic) for Arthrex brought out, that this is different than Jackson Labs. It actually isn't. Jackson Labs qualified under a program that was approved by the state that had objective criteria. Jackson applied and satisfied the qualifications required by that program and then, based on qualifying for that program, came to Collier County and asked for the matching funds. It's no different with Arthrex. There is a program -- which wasn't established by me, by the way. I didn't write this ordinance. This predates me. I'm governed by the law that's before me today that was drafted under this board. And that's the law I have to live with. If you-all want to change that law, I support that. But what it is is what I am bound by. So with respect to saying that this is not like Jackson Labs and that Jackson Labs was an attempt to support a single business, no, that isn't the case. That isn't the case at all. I completely am in support of Arthrex. I join you in the unanimous support of Arthrex, which is what you all said. Arthrex deserves to be supported. The question today before us is not whether we support Arthrex as a community but whether Arthrex -- Arthrex's application should be Page 101 June 28, 2011 accepted based on the legal requirements and based on their disclosures. That is a completely separate question. We had discussions today about the rule of law. We had discussions about the means justifying the ends, or the ends justifying the means, whichever side you choose to look at that question on. And the bottom line is, while it is important to do everything possible to create jobs -- and I fully support that. I suggested another economic-incentive program which the board didn't even want to address, which the gentleman who's running against Bill Nelson recommended as the kind of program a cash-strapped county like ours should have, which is a property-tax incentive, okay? Again, the board didn't want to hear about it. Weare supposed to be redefining our economic-incentive program to do what it is intended to do. This program as it exists has been completely unsuccessful -- developed by this board. If the program changes and if Arthrex wants to come back to qualify under the terms of a program that works with what it wants to do, that's fine. But as of today, based on all the facts presented -- and by the way, I want to correct Commissioner Henning. You are right. They did win in one case. But on June 23rd a judgment was brought against them. It was a patent-infringement case in Oregon, and the ruling against them was for an $85 million judgment against Arthrex for patent infringement. And with respect to the announcement, they didn't say they were seeking. They said they made -- it was a very clear press release with respect to coming to Collier or expanding in Collier County and having made the decision to stay in Collier County. And that was on April 15th that it was published in, you know -- the first time I saw it being published, and that was in the Naples Daily News. So I am bound by the law. There's nothing I can do about it. If you-all want to change the law and create a different program, I would support that wholeheartedly. If you would like to continue this to Page 102 June 28, 2011 allow that to happen, I would support that wholeheartedly. I would also support Arthrex looking at the other programs that, for whatever reason, it refuses to look at, that would alleviate the burden on Collier County. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Wow, this has been a very interesting meeting, and we're into lunchtime, but thank you very much for allowing me a few minutes to speak, too. My district, District 5, which represents over 80 percent of Collier County, that's east of951, has experienced the devaluation of over 70 percent in some areas. I mean, it's been unbelievable. When you talk about the impact of the recent recession, it's been District 5 that has taken the worst hit. That's where most of your construction workers live. Many of your service people that lost out on employment. Numerous people had to move in with relatives or friends. A lot of people are now unemployed or underemployed. There's empty houses throughout the whole area. I mean, the area's devastated. Let's be honest about it. It's a very, very trying situation to look at this. And what can be the answer? There's no simple answer except to be able to, in some shape, way, or form, to turn around the economy in some meaningful way, to be able to show that there's a spark of life, that there's a -- that there's a rainbow out there that's going to lead us to that prosperity that we used to enjoy and never realized that we had it. How you going to do it? The only way you're going to do it is to be able to create jobs. Here's the perfect opportunity. And, you know, we got to get down it. And I appreciate Commissioner Hiller's stand on this and her beliefs on it. And I could -- I don't want to -- I'm not going to -- the temptation to try to tear her argument apart would only lead to a discussion that would probably run for another two hours and would get nobody anyplace. But the truth of the matter is, simply said, performance based. Page 103 June 28, 2011 What does this mean? It means you don't get a darn nickel of taxes that you probably would have had to pay until that point in time that you prove that you met the criterias that are in there; in other words, so many people at so many dollars per hour, that you build a building at a certain point in time, and if you fail to meet those performance-based criteria, you don't get the pay, you don't get the payback on it. So what are you getting paid back? Impact fees that you would have to pay anyways? And if you fail to pay them -- or if you fail to perform, then we'll come after you and get the impact fees, and we know that. We all understand the rules of the game. The risk is very minimal. High wage jobs. I mean, we're never going to see another one come down the pike like this. Arthrex is a company that's unlike any other. I mean, how many companies do you know that have a thousand-some people working for them that are owned by one single person whose sole objective seems to be to take care of its employees and those people that support him? Wonderful company, a wonderful man. I can't think of a better way to go for it. Six hundred jobs we're talking about. These are items that we just shouldn't dismiss. To any other entity that would be out there and would like to grow their business, locally or come into Collier County, I want them to know that the same commitment I made to every other business that's ever come and talked to me and shown interest in Collier County -- and that includes Arthrex -- I'll make that commitment to them on my own personal time and energy to help it happen. Folks, we got to get serious about this. We need those jobs. Thank you. CHAIRMAN COYLE: Okay. My light is on now, so you're going to have to relax. MS. NEMECEK: Stand down; should I sit? Page 104 June 28, 2011 CHAIRMAN COYLE: Oh, you can stand there if you'd like. I do want to just address a couple of points. Mr. Price is right, this has nothing to do with Jackson Labs. It's not even similar. The Jackson Labs proposal didn't ask for just job credits, didn't ask just for waiver of impact fees. Jackson Labs asked for the money to build their entire research facility. Arthrex is not asking for that. They're putting up that money themselves. Jackson Labs' proposal was supposed to be the subject of intense negotiations between us and them and the state about what the terms were. Nobody ever got to that point. It was never a project. That's different than what is being proposed here. We've got a program, they qualify for the program, and they should be treated just like everyone else, despite the attempts by some here to politicize the issue. This is about honorable behavior. And talks about crony capitalism are nothing more than a cheap attempt to politicize this issue. Arthrex supported my opponent in my election -- my bid to be re-elected. Are we cronyists, Mr. Price? Have we been doing something together here that we shouldn't be? The honorable thing is to put those kinds of issues aside. We're talking about the benefit of the community. And I strongly support Arthrex. They're a great company. They offer wonderful things for our community. And for people to get up here and start saying that our economic development decisions are based on crony capitalism is absolute ignorance, and it's nothing more than an attempt to politicize this issue like some people politicized the Jackson Labs issue. The important thing is to do honorably what we should do. You can't have it both ways. You can't say, I support Arthrex, but there are lots of things I'm concerned about here, and I'm not sure that they should be given these incentives. Listen, this document is very clear, the document that spells out Page 105 June 28, 2011 what the incentives are. It's very clear. It's been used before. There's nothing mysterious about it. Anyone who wants to read it will understand that it's pretty clear-cut. So I certainly am going to wholeheartedly support Arthrex, because it's what the community needs. And I'm going to try to find ways to make it work rather than searching for ways to try to undermine their efforts particularly -- (Applause.) CHAIRMAN COYLE: -- particularly those that wish to undermine their reputation in the process. I think that is just unforgivable. So, Mr. Price, you've got my wholehearted support, even though we're not cronies. Okay, Tammie. MS. NEMECEK: Tammie Nemecek, President of the Economic Development Council. I'd like to just reinforce the points, you know, that you're making. The programs are very straightforward. They have specific criteria for application process. The companies fill out the applications, they're reviewed by both EDC and staff for compliance with that, and as David so eloquently said in his opening remarks, this company does qualify . The determination on unanimous support is, I think, an important one. And we do run the risk of this project not occurring in Collier County if there is not unanimous support. And so I wanted to underscore that one more time in this process, because this company has been here since 1991, growing from three employees to over a thousand. The project that's before you today, the magnitude of this project, in the last three years there have only been two others in the State of Florida. And this project has a proven history of creating the jobs that they said they're going to create in Collier County and have been Page 106 June 28, 2011 contributors to the local economy. So I encourage your full support of Arthrex today unanimously for this project so that we can move forward and start creating jobs in Collier County. CHAIRMAN COYLE: Okay. Everyone in favor of this proposal, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay. It passes 4-1 with Commissioner Hiller dissenting. COMMISSIONER HILLER: And I just wanted -- COMMISSIONER FIALA: The person that they didn't help in the election and voted -- didn't support voted for it, and the person they did support voted against it. COMMISSIONER HILLER: I'd like the record to reflect that my vote is based on the fact that the application is incomplete in part, incorrect in part, and false in part. CHAIRMAN COYLE: We'll be back at-- MR. OCHS: Commissioner, you have a -- CHAIRMAN COYLE: We're going to a shade session. MR. OCHS: Shade session. County attorney wants to make a brief announcement. Item #llA THE BOARD IN EXECUTIVE SESSION WILL DISCUSS: STRATEGY SESSION RELATED TO SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE Page 107 June 28, 2011 PENDING CASES OF (1) JERRY BLOCKER, ET AL. V. COLLIER COUNTY, CASE NO. 08-9355-CA; AND (2) COLLIER COUNTY V. JERRY BLOCKER, ET AL., CASE NO. 09-1281-CA; NOW PENDIN.G IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY~ FLORIDA - CLOSED SESSION MR. KLATZKOW: Yeah, just briefly. We're breaking to attend an attorney client session. It involves the Blocker matter. In attendance will be the five commissioners, County Manager Ochs, myself, and Jacqueline Hubbard. We expect this to go about 45 minutes in total. CHAIRMAN COYLE: Okay. We'll be back at -- sometime. (A luncheon recess was had.) MR. SHEFFIELD: Mr. Chair, you have a live mike. Item #llB BOARD OF COUNTY COMMISSIONERS TO PROVIDE DIRECTION TO THE COUNTY ATTORNEY REGARDING SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE PENDING CASES OF (1) JERRY BLOCKER, ET AL. V. COLLIER COUNTY, CASE NO. 08-9355- CA; AND (2) COLLIER COUNTY V. JERRY BLOCKER, ET AL., CASE NO. 09-1281-CA; NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA - MOTION TO CONTINUE WITH LITIGATION - APPROVED CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commission meeting is back in session. We're going to Item No. lIB, I believe it is. Page 108 June 28, 2011 County Attorney? MR. KLATZKOW: Yes, sir. And I'm just looking for direction from the shade session. COMMISSIONER HENNING: Well, I would like to offer a motion for settlement, but understanding the will of the -- majority of the commissioners during the closed door session does not want to settle the -- this lawsuit; therefore, I'm reluctant to make that motion. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: I would -- if you made that motion, I would second it. COMMISSIONER HENNING: Well, I appreciate that, but that's not what I understand from the majority of the commissioners. CHAIRMAN COYLE: Okay . Very well. I make a motion that we continue the legal case and see where it leads us for the time being. And is there a second? COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Commissioner Coletta seconds it. Commissioner Hiller? COMMISSIONER HILLER: Oh, I was going to ask what Commissioner Fiala thought, because we hadn't heard from her. We heard from Commissioner Coyle and Coletta. CHAIRMAN COYLE: Okay . Well, I was just going to call the question, if you -- she can probably tell you. COMMISSIONER HILLER: I just wanted to hear what her thoughts were. CHAIRMAN COYLE: Yeah, we vote. You'll find out what it -- MR. KLATZKOW: It's time to vote. CHAIRMAN COYLE: Huh? MR. KLATZKOW: It's time to vote. CHAIRMAN COYLE: Yep. Can't be talking about the issue. So either -- all in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. Page 109 June 28, 2011 CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It passes 3-2 with Commissioner Henning and Hiller dissenting. Okay. Now we have a 1 :05 time-certain. We're right on time for that one, too, I see. Item #9D REQUEST TO AMEND STEWARDSHIP EASEMENT AGREEMENT; TRACT: HCLRP SSA 8 AS PROVIDED FOR IN A PARAGRAPH OF THE AGREEMENT, AMENDMENT REQUESTED IS TO PROVIDE GRANTOR THE ABILITY TO WITHDRA W THE STEWARDSHIP SENDING AREA (SSA) DESIGNATION PROVIDED AN APPLICATION FOR SUCH WITHDRA W AL IS IMPLEMENTED WITHIN 6 MONTHS OF APPROVAL OF THE AMENDMENT - MOTION FOR THE COUNTY ATTORNEY TO BRING BACK AGREEMENTS FOR THE BOARD'S CONSIDERATION - APPROVED MR.OCHS: Yes, sir, Commissioners. That's Item 9D in your agenda. It's a discussion regarding a request to Amend Stewardship Easement Agreement Tract HCLRP SSA 8 as provided for in a paragraph of the agreement. Amendment requested is to provide grantor the ability to withdraw the stewardship sending area designation provided an application for such withdrawal is implemented within six months of approval of the amendment. And, Commissioner Coletta brought this item forward. COMMISSIONER COLETTA: Yeah. If I may, sir. Page 110 June 28, 2011 CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER COLETTA: Yeah. This is a fairness issue. They were the first ones in, basically, and everyone that came in before had the right for reconsideration after -- I believe it's a five-year period. It was oversight on their part after they -- I believe as far as asking for that to be included in there. Mr. Y ovanovich, did you want to give us a brief description of what we're doil)g here? MR. YOV ANOVICH: Actually, yes. For the record, Rich Y ovanovich on behalf of the applicant. Actually, we were one of the first ones to come through the process in 2006, and the option to escrow an easement agreement was not provided to us. The program wouldn't allow for that. The program changed in later years to allow for projects that came through subsequent to that to have their easement agreement held in escrow pending their actually getting an SRA to transfer the credits to and getting all the necessary permits. Since we didn't have that option, we're asking for that option now. The reality is the five years has passed. So we're asking, instead of amending the agreement to come back and ask to terminate it, that we just simply come back on a future agenda with an agreement to terminate the existing Credit Agreement and terminate the existing Easement Agreement for, you know, formal discussion, and approval or not approval by the Board of County Commissioners at this time. So we're just asking for what subsequent stewardship sending area applicants were provided when that option was not available to us earlier on in the program. COMMISSIONER COLETTA: Okay. I'd like to make a motion to that effect. After discussing the stewardship easement agreement amendment for Tract HCLRP SSA 8, direct Staff and County Attorney to bring back to the board an amendment agreement for approval. Page 111 June 28, 2011 CHAIRMAN COYLE: Okay. We have a motion to approve the staffs recommendation by Commissioner Coletta. COMMISSIONER HENNING: Now, it's -- CHAIRMAN COYLE: Do we have a second? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Okay. We have a second by Commissioner Fiala. And Commissioner Henning, go ahead. COMMISSIONER HENNING: Well, the motion isn't what was stated, that the ap- -- or the landowner wants. He wants to not amend the agreement. He wants to do away with the agreement. And, you know -- and I can -- and I can support that request to direct staff to bring back to dissolve the SSA agreement. MR. YOV ANOVICH: And then there are actually two agreements that need to be taken care of, the credit agreement as well as the easement agreement. CHAIRMAN COYLE: But the point that has been raised here is that's not what the staff recommendation is. MR. YOV ANOVICH: Correct. CHAIRMAN COYLE: Okay. Now, that causes me great concern, because we advertised something with the recommendation which is not what we're making a motion on. COMMISSIONER HENNING: But we're bringing it back. MR. YOV ANOVICH: We're bringing it back. MR.OCHS: It's not a staff recommendation. COMMISSIONER COLETTA: Can we ask the county attorney for guidance? CHAIRMAN COYLE: Yeah. MR. KLATZKOW: There is no staff recommendations. This was brought by Commissioner Coletta. CHAIRMAN COYLE: Yeah, there is a staff recommendation. MR. OCHS: This is under Board of County Commissioners, so Page 112 June 28, 2011 COMMISSIONER HENNING: This is Commissioner Coletta's item, not staff. MR. KLATZKOW: This is Commissioner Coletta's item. But we are bringing this back. COMMISSIONER COLETTA: Yeah. Let me cut to the chase. I have no problem incorporating Commissioner Henning's language into it. I don't think it does any harm to anyone, and it goes right to the point of what we're trying to get at. Instead of amending it, we're dissolving it. COMMISSIONER FIALA: You know, I'll let him do the second also because he added that, and I'll just -- so you can pull my second away. CHAIRMAN COYLE: Okay. So Commissioner Henning, would you second it under those circumstances? COMMISSIONER HENNING: Sure. CHAIRMAN COYLE: Okay. Now, does everybody understand what it is we're voting on? Because I don't. MR. MITCHELL: Sir, you have a public speaker. MR. KLATZKOW: You're voting on our bringing back agreements to you for your consideration as to whether or not, in essence, to dissolve this SSA. CHAIRMAN COYLE: So it is not an amendment agreement? MR. KLATZKOW: No, that's not what they're asking for here now. CHAIRMAN COYLE: But that's what the staff executive summary says. MR. YOV ANOVICH: When this started, Commissioner Coyle, the five-year period had not yet run. So when we were having these discussions about coming forward with an amendment, we thought we would actually add a period of time of five years, and then in the future we would come back for the dissolving of the agreements; Page 113 June 28, 2011 however, over time it took a little longer to get here in front of you all, and the five year period ran, so it made no sense. CHAIRMAN COYLE: Wait a minute, wait a minute. This Executive Summary didn't happen five years ago. It didn't happen a year ago. It happened a week ago. MR. YOV ANOVICH: Well, we were working with Commissioner Coletta to get this in front of you all. And when we started with discussions with Commissioner Coletta, we thought we would -- we thought -- it's just -- we're just simply trying to terminate the agreement. CHAIRMAN COYLE: All right. Executive Summary is wrong. MR. YOV ANOVICH: Correct. CHAIRMAN COYLE: The motion is correct? MR. YOV ANOVICH: Correct. CHAIRMAN COYLE: It's what Commissioner Coletta would like to see acted upon? MR. YOVANOVICH: Yes. CHAIRMAN COYLE: And Commissioner Henning has seconded it. We will be bringing it back. It will be debated in public if necessary; is that correct? MR. YOV ANOVICH: That is correct. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Public speaker. MR. MITCHELL: The speaker is Nicole Johnson. CHAIRMAN COYLE: She already spoke once today. MS. JOHNSON: I promise it will be the last time today. For the record, Nicole Johnson here on behalf of the Conservancy of Southwest Florida. We're not here to oppose the request for amendment or termination of the SSA agreement. We understand that the landowner really is in a rather untenable situation, but we do want to point out that this new standard of revocable SSA agreements does deviate from Page 114 June 28, 2011 the initial intent of the RLSA program. During the adoption of the RLSA, we were told that these SSA agreements would provide for the permanent and perpetual protection of these SSAs upon designation. It's in the FLUE, which states that once land is designated as an SSA and credits or other compensation is granted to the owner, no increase in density or additional use unspecified in the Stewardship Agreement shall be allowed on such property. So it's once it's designated, not once credits are severed. It's also in the LDC, which states, amendments to approve SSAs shall only be considered if the application removes one or more additional land use layers from the existing SSA. Under no circumstances shall land use layers, once removed as part of an SSA designation, be added back to the SSA. So we thought the language was clear. This is something that sets land aside forever. It's going to be protected. Unfortunately, more of the recent SSA agreements have a revocation clause in them. I don't really see how that clause is consistent, but that's a County Attorney issue. And because Half Circle Ranch did not have that clause, they really are put at a disadvantage. What I would like to suggest is that you take a look at this issue of revocation clauses for future SSA agreements. These clauses, obviously, protect the landowner, allowing them the ability to get out of the SSA agreement under certain circumstances. The Conservancy believes that if there's going to be such revocation clauses for the landowner, the County should look at what -- under what circumstances would revocation on the county side be a benefit to the county, to the public. Looking at intent ofSSAs, one benefit of these agreements was to provide for the upfront assurance of protection of the land at no cost to the public. The landowner received the ability to develop at a much greater intensity and density elsewhere or sell the credits to do so in Page 115 June 28, 2011 exchange for permanent protection of the SSA lands. This revocation clause really is a game changer. By adding it in, then there's the retained threat that the land may still be vulnerable to development. And if the landowner chooses to nullify the agreement, then development rights could be realized there. And it's really this threat of development that could be used by the landowners to petition the Federal, State Government to pay for an Easement or Fee Simple Acquisition, essentially getting paid to limit uses which already should be restricted through these SSA agreements. It's something that we've seen going on, not by Half Circle Ranch, but by others. So we see this as double dipping. We think that the county really needs to take a very hard look at these revocation clauses. If, for example, a landowner decides that they want to give an Ag Easement to the Federal Government on S SA lands, then the County should take a look at, perhaps, allowing the county to back out of the SSA agreement and to retire the density credits that are attached to that land. That could provide a benefit to the county. So I toss that out there as something for you to consider as I wrap up my comments. CHAIRMAN COYLE: Okay. We'll have a chance to discuss that in greater detail when it comes back, so you'll be here to see this . h? part, too, fIg t. MS. JOHNSON: Okay. Thank you. Yes, oh, yes. CHAIRMAN COYLE: Okay, good. Commissioner Hiller? COMMISSIONER HILLER: Nicole, I listened very carefully to what you said. And not addressing this particular situation but, you know, with respect to other such agreements going forward, are you suggesting we not have a reversal clause or reverter clause or whatever kind of clause in there? MS. JOHNSON: Well, you know, ideally we would prefer not to have the revocation clause because we don't believe that that was the Page 116 June 28, 2011 intent of the RLSA; however, if-- COMMISSIONER HILLER: Yeah. It does put everything in limbo. So what you're suggesting is going forward not providing it? MS. JOHNSON: Well, either not providing it, or if the landowner has the ability to back out of the SSA agreement, finding those circumstances in which the county would want to have the revocation ability. This is a policy decision that's really going to come forward when the new RLSA amendments come forward, and I think that it does deserve some additional discussion because, again, we thought that these SSA agreements were going to be in place and solid. The benefit of that, for example, is that the federal government, when they want to put panther crossings in, they want to make sure that the land on both sides of the road is protected in perpetuity. They don't want to spend the money unless they know it's protected. These SSA agreements would provide that protection if it didn't have the revocation clause. So for practical purposes, it's good to know right up front if this is solid or not. COMMISSIONER HILLER: There's no question, because it does create a great deal of instability in the program if, taking -- the description of the situation you just described would be at play with every parcel. Thank you. MS. JOHNSON: Thank you. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Yeah. It's our understanding that these lands would be protected in perpetuity, and we all joined together, individually and collectively, that we created more lands in Collier County that will not be built on. But I do understand circumstances are different now than they were then. But the understanding of a Land Development Code and the Growth Management Plan for the SSA, I think, is very clear. I'm glad we're doing this, but there has to be some clear understandingr Page 11 7 June 28, 2011 within the Land Development Code what can and cannot be done and what should be done as far as equality. If you're going to give something and have the ability to take it back, then shouldn't we have the -- the same ability? I think that's true, and that's something that should be taken under consideration during future amendments. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I do agree with Commissioner Henning. This is a fairness issue. You can't extract something that doesn't have a value to it. What we did is, back when we -- this whole process started, the trade off was, when you own sending lands and you wanted to preserve them, you would be able to be assured of the fact that you were going to receive a value for the development rights of those lands. Now, if there's no market for it and there's none in the foreseeable future, then obviously that part of the agreement can't be upheld. So we're kind of at a rock and a hard place, and it's just a way of trying to make the world right. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MR. YOV ANOVICH: Thank you. CHAIRMAN COYLE: Thank you. Where does that take us, County Manager? Page 118 June 28, 2011 Item #10H PURCHASE OF FIVE (5) ACRES OF UNIMPROVED PROPERTY WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF A STORMW A TER DETENTION AND TREATMENT POND FOR PHASE II OF THE V ANDERBIL T BEACH ROAD EXTENSION PROJECT (PROJECT NO. 60168~ PHASE II) - APPROVED MR. OCHS: Commissioners, that takes us back to Item 10 -- CHAIRMAN COYLE: H. MR.OCHS: -- 10H. CHAIRMAN COYLE: Okay. And that was -- MR.OCHS: That's your next item. It was previously 16A2 on your consent agenda. It's a recommendation to approve the purchase of five acres of unimproved property which will be required for the construction of a stormwater detention and treatment pond for Phase II of the Vanderbilt Beach Road Extension Project. Mr. Jay Ahmad can either present or answer questions. This item was moved at Commissioner Hiller's request. CHAIRMAN COYLE: It was pulled by Commissioner Hiller, so we'll ask Commissioner Hiller to get her questions answered. COMMISSIONER HILLER: Can you please present -- can you please present? MR. AHMAD: Good afternoon, Commissioner. Jay Ahmad, for the record, your Director of Transportation Engineering. I'll be happy to present, ma'am. COMMISSIONER HILLER: Thank you. MR. AHMAD: This item is a parcel-- if I may, I can put something on the display here -- is a parcel along the Vanderbilt Beach Road Extension Project. On the visualizer, ma'am, you see the pond site on the middle bottom of the photo there. That's the parcel. It's approximately five Page 119 June 28, 2011 acres. The county -- Board of County Commissioners approved the alignment of Vanderbilt Beach Road in 2006 and directed staff to start purchasing properties from homes impacted by the alignment as well as pond sites. And we're bringing -- these folks came to us and asked to -- for their parcel to be bought and -- at appraised value, and we purchased it -- or we're recommending the purchase at the appraised value of approximately 10,000 an acre. It's 5 acres and approximately $50,000. COMMISSIONER HILLER: Where are we on the Vanderbilt Beach Road extension project? MR. AHMAD: This is in Phase 2 east of Wilson. You can see on your right, it's -- 16th Street Northeast is to my right here, and north is up. 12th Street -- 12th Avenue Northeast and -- 10th Avenue Northeast on the bottom here and 12th on the top of the map. Orangetree Canal is right where I'm showing my pencil. So it's approximately -- maybe half a mile or a quarter of a mile east or west of 16th Street Northeast. The County Manager asked me what's the overall status of the project. COMMISSIONER HILLER: Right. MR. AHMAD: The project essentially has been in the right-of-way acquisition stage for a while now. We are -- COMMISSIONER HILLER: How long? MR. AHMAD: I would say about two years. We designed the project up to a level where we can identify the right-of-way acquisitions. And as you can see on that visualizer, the right-of-way has been identified by a professional engineer. WilsonMiller designed this section, and CH2MHill designed the western section. So the right-of-way acquisition's been going on since the 60 percent project's been designed. And to date we've acquired -- we've acquired in Phase I -- Phase I is from Collier to Wilson -- from Collier to Wilson, and that phase required 35 out of 143 parcels required. In Page 120 June 28, 2011 Phase II we've acquired 15 out of 375 required. We've spent close to $13 million, little bit over $13 million in right-of-way acquisition. COMMISSIONER HILLER: Wow. It's a big number. And when is this project supposed to be completed? MR. AHMAD: There's no funding, ma'am, for construction. The -- there's no funding next year for right-of-way acquisition. The money that was funded in the prior years is what we used from anybody that comes to us and says, please acquire my parcel. We're not actively pursuing people. COMMISSIONER HILLER: And this is the project that was going to involve all those takings? MR. AHMAD: Correct. COMMISSIONER HILLER: What's the total value of takings that this project is anticipating again? MR. AHMAD: Again, the last time we estimated the acquisition, in Phase I, it's between 17 and 18 million -- this is in 2009 appraisals -- and Phase II, same number, about $18 million. COMMISSIONER HILLER: That's unbelievable. Mr. Billington, you had a concern about this? MR. BILLINGTON: Yeah. I'm registered to speak. COMMISSIONER HILLER: Did you register as a speaker to express what your concern is? MR. BILLINGTON: Yes. Will the chair allow Mr. Billington to speak? CHAIRMAN COYLE: Sure, as soon as you get ready (sic) asking questions. Are you ready for the speakers? COMMISSIONER HILLER: Sure. CHAIRMAN COYLE: Okay. How many speakers do we have, Ian? MR. MITCHELL: One speaker. CHAIRMAN COYLE: Okay. Mr. Billington, it's all yours. Page 121 June 28, 2011 MR. MITCHELL: Mr. Billington? MR. BILLINGTON: For the record, Duane Billington. I have a twofold interest in this project. Our Golden Gate Fire District is trying to work something with the School Board that the county mayor may not be involved in in the future, and it has to deal with a joint facility. The School Board's asking -- or last asking price for a parcel that's not as prime a parcel as this was $300,000, and that was based on, you know, peak value back during the -- right before the bubble burst. And part of the reason that I'm addressing this is to put on the record that -- the real value for parcels of this type in today's market, that's one. The other thing is, we have a willing seller here, and we are basing the price on an appraisal and the seller agreed to the appraisal. There have been -- what causes me great concern, there have been some deals in the past where we've heard from the staff, well, we have to treat it as an unwilling seller even if it's a willing seller. Case in point is Oil Well Road where the Colliers were allowed -- we agreed to a credit of $50,000 an acre for agricultural land that during the peak didn't even get 15,000. And I hope that this is a change in practice that's going to be consistent and we -- with willing sellers we go to -- and use the appraised price and not automatically tack on what it would be if it was an adversarial relationship. I fully support the acquisition of this at the given price, and I thank you. CHAIRMAN COYLE: Do you have something to say on this one, Coletta -- Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Okay. Motion to approve, second by Page 122 June 28, 2011 Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. COMMISSIONER HILLER: But I would like to add one thing for the record, and that is that I find that -- this proposed extension and the takings absolutely mind boggling. I can't believe that -- the numbers we're talking about in takings to accomplish this extension, and I think it really needs to be looked at very carefully to determine whether we truly need this extension as proposed. And this was all done before my time, so I intend to look at the history of it and inform myself. And if there's justification, then I fully support it, but if there isn't, considering the number of homes that are going to be affected by this, especially at these very depreciated values, it's very concerning. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. And I would appreciate, before you make those statements in that particular voice and manner of speech, that you did just a little bit more research on it. This has been a process that was going on -- Nick, would you please come to the podium. I don't want to leave the public out there with the idea that this commission was doing something devious and without concern of the well being of the residents of that particular corridor and of Collier County in general. These takings, they were -- the ones that we purchased, most of Page 123 June 28, 2011 them are houses. I think there was what, five of them? MR. CASALANGUIDA: There was actually 18 homes that-- COMMISSIONER COLETTA: Eighteen homes. COMMISSIONER HENNING: This is not on the agenda. COMMISSIONER COLETTA: I know, but the issue has been brought up, and we need to clarify it. COMMISSIONER HENNING: Mr. Chairman, I'm requesting that you have some governance. CHAIRMAN COYLE: You're trying to raise a point of order, and I overrule it, because Commissioner Hiller raised the issue, and the public deserves to have an answer. Is there any transparency that you object to? COMMISSIONER HENNING: Are you asking me? CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: I'm asking to stay with the agenda. That was my request. CHAIRMAN COYLE: Okay. Commissioner Coletta, go ahead. COMMISSIONER COLETTA: It would help if we stayed with the agenda the first time around, and we'd never be at this point. But now that it's been brought out there in the public -- and the perception is is that something terrible has been done wrong. Would you comment on the -- how that whole situation was handled? I know there was a lot of movement on the part of staff and this commission over a period of many years to satisfy the needs of the people that were being displaced, and most of them became willing sellers and without ever having to go to foreclosure. But your memory on that is probably better than mine. MR. CASALANGUIDA: Unfortunately, it is to a certain extent. I lived that time of two years of planning and programming this project. It was adopted in the long range plan, and this commission took great pain to hear -- I think there were 70 or 80 speakers, we were here Page 124 June 28, 2011 for two or three hours one night and comments on the road project. The board decided, along with staff, to go back a lot line, which is behind homes, so we wouldn't take the front footage of a lot of these homes. The board also made a cognizant decision to say, set aside some money, because now you have put a road project over some of these properties, and if there are willing sellers, we want money available to accommodate them. We have not done any forced takings on this project. It's all been willing sellers. I think you've heard in the past, we've actually paid more than -- as the market started to depreciate, they got quite a bit of money. Some of them walked away quite happy, as a matter of fact; I think with these people as well. So we've gone out of our way to accommodate them, and now that there is an alignment there, we're making sure that there's some money available so if they do want to sell, we're there. As far as the need, you would not get an Interchange at 1-75 or in the future any federal money if you don't move forward and maintain progression on your Long Range Transportation Plan. COMMISSIONER COLETTA: Okay. And I just want to make it clear of the fact that not only you worked on it, but I met with just about every one of them individually. In some cases I brought them back to the commission after everything was supposedly done under public petition and argued their cases to make sure they were made whole way and above what would normally have happened during the process. But -- and it's just -- it's just unforgivable when people will bring this up in a negative light for political reasons and just throw it out there and leave it. It's up to you now to be able to educate the new commissioner as to what the history is on this so the next time she brings it up she can bring it up in light of the facts. Page 125 June 28, 2011 MR. CASALANGUIDA: Sure. I think in fairness to Commissioner Hiller, I will spend some time with her and go over the history and walk her through -- COMMISSIONER COLETTA: Thank you very much. Appreciate that. MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: Is there a motion to approve? COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Okay. By Commissioner Coletta. Is there a second? COMMISSIONER HENNING: There already was a motion and a second. CHAIRMAN COYLE: And the second was Commissioner Henning, right. Okay. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #101 WAIVER PURSUANT TO CMA #5311 (M), TO AUTHORIZE THE PARKS AND RECREATION DIRECTOR'S PARTICIPATION AND SERVICE AS A MEMBER OF THE EARLY LEARNING COALITION OF SOUTHWEST FLORIDA, INC. BOARD OF DIRECTORS - MOTION FOR THE PARKS & REC DIRECTOR Page 126 June 28, 2011 TO SERVE OUT THE REMAINDER OF TERM ON THE BOARD AND TO ABSTAIN FROM VOTING - APPROVED CHAIRMAN COYLE: Okay. Let's go to Item 16D1 (sic). MR.OCHS: Yes, sir. That's a recommendation to approve a waiver pursuant to CMA 5311 to authorize the parks and recreation director's participation in service as a member of the Early Learning Coalition of Southwest Florida, Incorporated, Board of Directors. This item was moved off the consent agenda separately by Commissioners Hiller and Coyle. CHAIRMAN COYLE: Okay. Commissioner Hiller, go ahead. COMMISSIONER HILLER: The concern I have with this issue is the conflict that arises when we have county staff on the boards of these nonprofits where staff is making decisions with respect to these nonprofits and then sitting on the boards of these nonprofits making decisions on that side. This isn't the only instance where this has happened, and the gentleman who's actually being proposed for this position is a great guy, and he sits on other boards of other nonprofits, or at least one other one that I know of, the Naples Zoo, where that division and very possibly that staff makes decisions with respect to, for example, you know, the acquisition or the development with respect to parcels of land, for example, affecting the Naples Zoo. It's just a similar situation. Here with the Early Learning Coalition, you know, the county is giving that group money, and now a staff member is going to be sitting on the board voting on how that money will be spent. I think it really raises a question of the -- an actual conflict or at a minimum a perceived conflict. And I think as a matter of policy, we shouldn't be doing that, I mean, when we've got these nonprofits actually doing business with the county. CHAIRMAN COYLE: And I agree. The statute essentially says Page 127 June 28, 2011 that the Board of County Commissioners should appoint someone. It doesn't require that we appoint someone who is a staff member. MS. RAMSEY: No, that's correct. But in 2009 you did appoint Barry for the two-year term. CHAIRMAN COYLE: Yeah, but that was before we had the new ordinance, and we created that ordinance because there was a situation where we believed that there was a conflict of interest, and in order to alleviate that conflict of interest, we passed the new ordinance. And so, the question arises as to whether or not we should grant an exception to the new ordinance requirement, and my feeling is no. But we have a public speaker. Who is the public speaker this time? MR. MITCHELL: Mr. Billington. MR. BILLINGTON: For the record, Duane Billington. I'm here to show again that Commissioner Coyle and I agree on more things than we disagree on. CHAIRMAN COYLE: He's undermining my reputation now. COMMISSIONER COLETTA: Two peas in a pod. MR. BILLINGTON: Commissioner Coyle's correct. The rules of laws are specific. You don't have to appoint staff; you can appoint somebody from the public. And there's other concerns here beyond that. Parks and Recreation -- there are three different locations where the Coalition utilizes parks and recreation facilities. One is Immokalee Community Park, the other is the YMCA Early Learning Center at Veterans Park, and then finally Golden Gate Community Center, which is supported in part by a local MSTU, which the running of the center is 60 percent funded by the county and 40 percent funded by the MSTU. This further complicates or conflicts his participation. There are things beyond that. The coalition gives out a report Page 128 June 28, 2011 periodically on how their client childcare centers are doing. Over the three year period we had -- ten of them were reported as putting children at severe risk. Some of those centers were terminated, some . of them are still with the program. Over that same period, 11 of them had 20 or more violations. And, you know, I just think this is something we need to insulate ourselves against. Pick somebody from a pool of the public that's interested in this kind of thing and just remove this potential conflict and everything that comes with it. Thank you. CHAIRMAN COYLE: County Manager, do you have something? MR. OCHS: Commissioners, just a quick point of clarification. Mr. Williams was appointed to this board in December of2009 and has been serving since that time. We fully understand the concern in the CMA, and that's why we're bring this forward for the board's consideration. We're certainly not going to fall on our sword one way or the other. From a practical standpoint, please understand, his term expires at the end of this calendar year. They have two more board meetings before the end of the calendar year. As a practical matter, by the time you get back in September and advertise and fill that -- or make that appointment, it will be almost time for one of the other four counties to step up in 2012 and make their appointment. Mr. Williams or any other appointment that you make will only be good through the end of this calendar year. And I just bring that as a point of clarification. Certainly he could, if you so desire, a majority of the board, he could abstain during those two meetings from any votes or discussion having to do with the grant that the board awarded to the coalition. But it is certainly the board's ultimate decision, obviously, and we're willing to do whatever the board would like. But Page 129 June 28, 2011 I wanted to bring those practical circumstances to bear. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Hiller? COMMISSIONER HILLER: I think you make some good points, Leo, to the extent that he doesn't participate in discussions and doesn't vote, then serving out the term and then no longer renewing it does make sense. There still remains the issue of other staff in similarly situated positions, and maybe we need to bring that back and find out the full list of all staff who are sitting on all these boards who are doing business with the county and, you know, see that the ordinance as it's currently written is implemented because, otherwise, we're just putting ourselves in a bad situation going forward. MR.OCHS: Yes, ma'am. I couldn't agree more. COMMISSIONER HILLER: Thank you. MR.OCHS: And I will do that immediately. CHAIRMAN COYLE: Well, then why don't we just have a modified motion; rather than disapproving this one, we would say that Mr. Williams should serve out his term but should abstain from voting for the next two meetings. MR. OCHS: Yeah, on any matter that relates to the grant that the board awarded. COMMISSIONER HILLER: I'll second that. CHAIRMAN COYLE: Okay. So we have a motion by Commissioner Coyle, seconded by Commissioner Hiller. Commissioner Fiala, you want to say something? COMMISSIONER FIALA: Yeah, just a fast question. Leo, you said -- in one of your replies, you said something along the line that after these next two meetings, then another county will step in. Is this something that all -- each county is expected to serve on in succession or something? MR.OCHS: Yes. Commissioner, the Statute requires that a Page 130 June 28, 2011 Board of County Commissioners makes appointment on a rotating basis. There's four counties that are part of the region for this Early Learning Coalition. So two thousand -- the two year term between 2009 and 2011 happened to be Collier County's time to appoint a member. It will now rotate to Hendry or Lee or one of the other counties in the coalition beginning in January of2012. COMMISSIONER FIALA: Okay. And do we have some type of representation that go to these meetings; in other words, if they're ever looking for input from us or things that we need or concerns that we have or issues that we want to raise, do we have representation on there? They don't have to be a voting member -- because I agree with everybody here, especially when it comes to money. There is a conflict of interest -- MR. OCHS: Sure. COMMISSIONER FIALA: -- but I would want to make sure that our issues are presented if we have any at one of these meetings. MR.OCHS: Yes, ma'am. That won't be a problem. I don't know if Marla has anything to add on that. MS. RAMSEY: There are certain seats that have to be filled as it relates to this particular coalition, and there are some private entities that are filling some of the other seats that are associated that do live in Collier County, but I can't tell you that there will -- that Collier County will always have a seat based upon the stipulations of things like, you know, being a faith based organization or Head Start Director or Health Department or -- there are a number of them. But currently you do have some other Collier County residents who are on the Coalition. COMMISSIONER FIALA: Okay. Just so that we have some type of representation to present any issues or concerns we might have that relate to -- especially to the children in our community. MR.OCHS: Yes, ma'am. COMMISSIONER FIALA: Okay. Page 131 June 28, 2011 MR.OCHS: We have a -- obviously direct communication with the Executive Director, and like any other board, if this board has a position that they want to communicate, we could certainly, with the majority vote of the board, have the Chair write a letter and express that position. COMMISSIONER FIALA: Thank you. MR. OCHS: Thank you. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Item #10J CHAIRMAN TO EXECUTE A LETTER TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) GIVING CENTURY OIL INC., LLC PERMISSION TO APPLY FOR A WATER USE PERMIT IN THE CARACARA PRAIRIE PRESERVE - MOTION TO CONTINUE ITEM - APPROVED MR.OCHS: Commissioners, Item 10J was previously 16E3. It's a recommendation to authorize the Chairman to execute a letter to the Southwest Florida Water Management District giving Century Oil, Incorporated, LLC, permission to apply for a water use permit within the Caracara Prairie Preserve. This item was moved from the consent agenda separately by both Page 132 June 28, 2011 Commissioners Hiller and Coyle. Ms. Hennig is here to answer questions or make a presentation. CHAIRMAN COYLE: Commissioner Hiller, go ahead. COMMISSIONER HILLER: Yeah. My concern with this item is that we basically have acquired preserve property, and in doing so we have allowed the sellers to retain, as I understand, mineral rights; is that correct? MS. HENNIG: Correct. COMMISSIONER HILLER: And I see a real problem with that. I mean other jurisdictions that have done that end up really losing the preserve for the mineral rights, which defeats the entire purpose of what we're doing. And I don't know to what extent we have the jurisdiction to deny this, because there was a contractual agreement, I thought, that reserved those rights to them. I don't know if we're legally obligated. I mean, do we have discretion or are we required by contract? And I just don't really understand, you know, what's being proposed here and why we have to approve it. CHAIRMAN COYLE: And that was the reason that I pulled it also, and I think the county attorney should answer that question. And let me just -- MR. KLATZKOW: I think you would have paid more -- I think you would have paid more for it -- CHAIRMAN COYLE: A lot more for it, yeah. MR. KLATZKOW: -- if you would have taken this property without that reservation of theirs. And if my recollection serves me right, I think we're talking one oil drill on the property, so it has a -- MS. HENNIG: Correct, one oil pad. MR. KLATZKOW: One oil pad, so it has a limited effect given the entirety on the property. CHAIRMAN COYLE: The question, though, is this: They clearly have retained the mineral rights. Did they get any water Page 133 June 28, 2011 rights? MR. KLATZKOW: I'd have to come back. I don't know. CHAIRMAN COYLE: That's the crux of my question. MR. KLATZKOW: Okay. I'd have to come back. CHAIRMAN COYLE: In other words, are we obligated to allow drilling of a well so that someone can drill an oil well, or would that be considered unreasonably denying them access to their mineral rights? So it is a legal question and, you know, I would like clarification on it. MR. KLATZKOW: Yeah. I'd ask that you continue this item for a meeting. We could look into that and get back to you. COMMISSIONER HILLER: And I'll make a motion to continue. MR. OCHS: Commissioner, I'm sorry . We have a little information we could share briefly on that question. It might provide some clarification, or if you just want to bring it back. COMMISSIONER HILLER: I would prefer to bring it back so that we have the opportunity to discuss it with staff and make sure that we have, you know, a clear understanding before we start debating something we haven't had the opportunity to really understand. MR. KLATZKOW: I'm going to want to go through the executive summary. I'm going to want to go look at the board transcripts. You know, I want to give you a full answer on this, because it's an interesting question. I hadn't thought of that. CHAIRMAN COYLE: Okay. Well, the reason I'm interested in doing that is that we have a contract. I would like to make sure that we maintain our obligations under that contract. And if the contract in any way implies that the drilling of an oil -- of a water well is something that we should not unreasonably withhold, then I'd like to know that. It would give me some more comfort about whether -- you know, voting for this. So there's a motion for continuation of this item by Page 134 June 28, 2011 Commissioner Hiller, and I second the motion. Commissioner Fiala, did you have anything else to add to that? COMMISSIONER FIALA: No. That was my motion. CHAIRMAN COYLE: Oh, from before. Okay. Commissioners Henning? COMMISSIONER HENNING: Why don't we just say no to the request for permit? I mean, they still have the right, the oil rights, but it doesn't mean that we have to agree to a permit to South Florida Water Management. CHAIRMAN COYLE: Well, that's the question I think we need to determine, if we are acting unreasonably in doing so. And we -- I think we need to get that legal issue straightened out; would you agree? MR. KLATZKOW: Yeah, I agree. CHAIRMAN COYLE: All right. All in favor, please-- MR. MITCHELL: Sir, we have two public speakers. CHAIRMAN COYLE: Okay. Let's hear the public speakers. MR. MITCHELL: Duane Billington, and he'll be followed by Chris Stephens. MR. BILLINGTON: For the record, Duane Billington. I commend you on how you're heading on this. One thing maybe you might want to consider addressing has to do with panther mitigation credits and how in the process of the drilling, the operation, the expansion, might affect panther mitigation credits on our lands. I know we have three wells operating on Pepper Ranch, and I've been told that if there's an expansion of that it might entail putting in an aboveground pipeline to a storage tank facility on Pepper Ranch, and I find that very perturbing. And I think on all future purchases we might want to look at the mineral right issue and see how that might encumber what we have planned. Thank you. Page 135 June 28, 2011 CHAIRMAN COYLE: Thank you. Okay. We've got one more speaker. MR. STEPHENS: Chris Stephens, ecologist with Earth Tech Environmental representing Century Oil. The site has already had construction on it. They have a 12-inch conductor pipe put on. They construct the well pad. This -- the water well is -- the request for water well is from the commissioners for the land -- for the actual construction of the well. The water rights are actually allocated by the South Florida Water Management District. Once this -- if this is approved, this goes through an approval process through South Florida Water Management District. CHAIRMAN COYLE: Okay. One of the things that is unclear from my standpoint is, what is our letter supposed to say? The letter that is contained in our packet is -- actually doesn't say anything. It doesn't talk about the construction of anything. It doesn't outline any construction -- any structure to be built, to my knowledge. MR. STEPHENS: Yes, Commissioner. The letter -- it's standard with South Florida Water Management District. Whenever you apply for any water use permit, if you are not the landowner, physical landowner, that letter of authorization is required. It's basically allowing the construction of the well, more the approval of being present on the land, which the -- that has already been settled with the construction of the well pad, the conductor pipe. We've relocated trees per Conservation Collier. CHAIRMAN COYLE: Yeah. Well, please understand I'm not trying to be difficult, okay . You have rights to those minerals. I don't think we should unreasonably interfere in your ability to do it, but the problem here is that the letter that you're asking me to send merely says that you, Chris Stephens, have been authorized to act on behalf of Century Oil -- I don't have anything that shows me that that is the case -- to apply for a water use permit. You know, I don't know why we've got to send a letter to South Page 136 June 28, 2011 Florida Water Management District telling them that you are applying for a water use permit. If you're entitled to apply for a water use permit, why can't you just do that? MR. STEPHENS: I'm not entitled to without -- MR. OCHS: He's not the landowner. MR. KLATZKOW: We own the land. Okay. CHAIRMAN COYLE: He needs our permission to do that. MR.OCHS: To apply. CHAIRMAN COYLE: To apply. MR. KLATZKOW: Which is your original question, "Do they have the right?" CHAIRMAN COYLE: Yes, and that's what we're trying to sort out. Okay. MR. STEPHENS: Yes, sir. CHAIRMAN COYLE: Once again, I'm not trying to deny you access to your mineral rights. I just want to get the legal issues straightened out here. MR. STEPHENS: I just wanted to update you on the status of the site. It is a one acre site. There's no more impact past the well pad. If there is a -- it's an exploration, which is proposed to be drilled in November. If it is a dry hole, which a lot of the wells have been in the area, the road, the pad will all be restored back to its natural grade, its natural condition. CHAIRMAN COYLE: Really? MR. STEPHENS: And no trees at this point have even been impacted from the construction of the well pad. They've been relocated. CHAIRMAN COYLE: Will that mean that you can then go somewhere else and drill another well? MR. STEPHENS: Not on the site, sir. CHAIRMAN COYLE: Not-- Page 137 June 28, 2011 MR. STEPHENS: There is other existing well pads in the Section 30 of Collier County in the adjacent sections of land. Pepper Ranch was brought up. There's three wells out there. And future wells that would be drilled in this area would all come from this well pad, this same one acre well pad within Caracara Preserve, any wells they would extend directionally to those other well locations underground. CHAIRMAN COYLE: Okay, I understand. Okay, Chris. Thank you very much. Appreciate your help. COMMISSIONER HILLER: Can I ask questions of Chris? CHAIRMAN COYLE: Sure. Chris? COMMISSIONER HILLER: Chris, what is your background? Are you a geologist or -- MR. STEPHENS: I'm an ecologist. COMMISSIONER HILLER: An ecologist. MR. STEPHENS: Yes. COMMISSIONER HILLER: Okay. I just have a couple of questions with respect to this. First of all, who owns the mineral rights? MR. STEPHENS: The mineral rights are owned by about 40 owners. Judge Starnes was the original owner of the property before it was turned over to Conservation Collier. He owns a portion of the mineral rights. There's -- it is leased from a gentleman by the name of Mike Cheeseman. He leases the mineral rights. And once oil is produced, he locks in, basically, the mineral rights. Right now it's all leased from one gentleman. COMMISSIONER HILLER: So it's leased, and then it's owned by all these different people? MR. STEPHENS: Yes, ma'am. COMMISSIONER HILLER: They have like -- it's, like, a partnership of some sort of a security interest? Page 138 June 28, 2011 MR. STEPHENS: It's like parcels underground that-- COMMISSIONER HILLER: Oh, okay. So it's -- MR. STEPHENS: -- because it's about 16,000 acres of the mineral- right area. COMMISSIONER HILLER: So it's like a -- so these are like security interests in these parcels, these underground parcels, if you will? MR. STEPHENS: Yes, ma'am. If you look at any warranty deed, you would see the language in there, if the landowner retained the mineral rights or if the mineral rights stayed with the original owner. COMMISSIONER HILLER: Oh, I have some specific questions regarding -- to the water well. Is it for extracting water or for injecting waste? What are these wells for exactly? MR. STEPHENS: The two wells -- and if this well-- if we -- you know, this is, you know, an issue where it does not go forward with getting a well constructed. We do -- there are other options, and one of them is to bring in water, which has a high cost, to the site. The only time that the water well has a use -- the reason there are two wells is for a backup. But the original well, during the first 45 days, is used to get through the boulder zone. And when they put in the conductor pipe recently, they realized that the boulder zone's a lot smaller. So the amount of water is below 3 million gallons per month, which doesn't even have an accounting purpose with the district. So after the -- after the well is drilled, the only use to the water well would be wash down purposes. COMMISSIONER HILLER: Well, I think we have to be very careful that this permit is restrictive to, you know, a very limited use and a limited period of time so we don't have something unexpected happen through these wells. And with what you were saying, it raises the question of the Page 139 June 28, 2011 threat of contaminating the water supply. Is there any risk of that occurring with this type of drilling? MR. STEPHENS: The well pad itself is bermed currently, and that's enough material to -- if there was any sort of spill, it is contained in that area, and there's storage even for the road access that you would be able to contain any sort of spill. COMMISSIONER HILLER: And how are we indemnified? How are we -- or not indemnified. How are we protected if that happens? I mean, what type of provisions have been put in place to ensure that, you know, something like that can't occur, and if it does occur, that you're responsible for cleaning the contamination? MR. STEPHENS: This is very regulated through Florida Department of Environmental Protection, oil and gas section. They've approved the permit, so they basically oversee the project. They oversee the ones at Pepper Ranch. They really handle ensuring that a plugging account is put in place. If the well is drilled and there's no oil, then you have to come back, and they oversee those operations. And there's a lot of reporting and accounting, and this is really outside of my -- COMMISSIONER HILLER: Sure, I understand. But I think one of the things the county attorney needs to think of in what we're doing going forward with this well and future wells is to put some sort of a provision in there that in the event there is contamination caused by your drilling activity, that whatever remediation would be required would be at your cost and not the county's cost. MR. STEPHENS: And that would occur. And also, just in regards to the depth of the well, the depth of the well is below -- is below 80 feet from the surface. So there are surrounding wetlands, but where the well location is, it's far enough buffered where there isn't a drawdown effect on that wetland or -- COMMISSIONER HILLER: Do you have monitoring wells to determine that? Page 140 June 28, 2011 MR. STEPHENS: We do have monitoring wells on site, yes, we do. And we would be monitoring these wells as well. And, like I said, originally the first 45 days is really the only use of this well. After that, it's really just used for wash down purposes. And the Conservation Collier had thought of, you know, when we conduct prescribed burns on the property, that there could be some value to having these wells and also that there are cattle on the site currently, that there's some value -- COMMISSIONER HILLER: If I could have a diagram that shows me where the location of these monitoring wells are, I'd appreciate it. And you'd started indicating who monitors the drilling and the operations. You said several -- MR. STEPHENS: They have a well driller. Again, this is outside of my knowledge. COMMISSIONER HILLER: Sure. MR. STEPHENS: I'm not speculating, but I've seen the sites at Pepper Ranch, and they have an oil well driller that comes to the site. He's there daily. There's 80 barrels a day being produced from Pepper Ranch currently. And the well drillers on site ensure, you know, there's no leakage. And, you know, they come -- they pick up the oil once a quarter, I believe, at that site. But I do have a picture of the two water wells. COMMISSIONER HENNING: I think that she wanted them. We didn't want them. COMMISSIONER HILLER: No, I want them. COMMISSIONER HENNING: So we can end this discussion and move on. CHAIRMAN COYLE: Yeah. COMMISSIONER HILLER: I just -- I would like to see them. Sure. I just want to be sure, because I mean, this -- we're dealing with this issue across so many preservation parcels. CHAIRMAN COYLE: But we will have another meeting. So Page 141 June 28, 2011 we can -- COMMISSIONER HILLER: Yeah, but that's great. So thank you. And any additional information you can bring to help, you know, make sure we understand what's going on would be appreciated. Thank you for your time. CHAIRMAN COYLE: Okay. That takes us to Item K. MR.OCHS: Did you vote on it? COMMISSIONER HENNING: No, we didn't. CHAIRMAN COYLE: Oh, no. I'm sorry. We've got to do this. Okay. We are going to -- there's a motion to continue? MR.OCHS: Yes, sir. CHAIRMAN COYLE: Commissioner Hiller -- COMMISSIONER HILLER: Yep. CHAIRMAN COYLE: -- is that what you had -- want to do? COMMISSIONER HILLER: Yep. CHAIRMAN COYLE: All right. I'll second it. So we have a motion by Commissioner Hiller to continue, second by me. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. That brings us to Item Number- Item #10K Page 142 June 28, 2011 USE OF THE NEWLY ADOPTED "WAREHOUSE" ROAD IMPACT FEE RATE FOR THE UNITED MATERIALS, INC. EXPANSION PROJECT, IF THE BUILDING PERMIT FOR THE PROPOSED CONSTRUCTION IS APPLIED FOR PRIOR TO THE EFFECTIVE DATE OF SEPTEMBER 1,2011 FOR THE NEW/REVISED LAND USE RATES - MOTION TO APPROVE W/W AIVING ANY 90-DA Y NOTICE - APPROVED MR.OCHS: 10K, sir. CHAIRMAN COYLE: 10K. MR. OCHS: Previously 16A9, a recommendation to authorize the use of the newly adopted warehouse road impact fee rate for the United Materials, Incorporated, Expansion Project, if building permit for the proposed construction is applied for prior to the effective date of September 1, 2011, for the new land use rates. And Ms. Patterson is here to present or answer questions. This was moved at Commissioner Hiller's request, I'm sorry. COMMISSIONER HILLER: Yeah. The issue is pretty straightforward. There is a statute that requires a 90 day notice period before an ordinance that creates a new impact fee is put into effect. And what this item is requesting is an exception be made for the benefit of one company, United Materials, Inc., to allow them to avail themselves of the future rate now. And I don't think that's doable. I don't think we can make an exception like that when there's a clear statutory provision. And so I'd like to make the motion to deny. COMMISSIONER HENNING: Well, I'll second that if it's true, but I need to know that that is exactly what the statute says. MR. KLATZKOW: No. COMMISSIONER HENNING: Now, I know there is a limitation of imposing impact fees or changing impact fees. This is a new category, so is it changing the fees? Page 143 June 28, 2011 CHAIRMAN COYLE: County Attorney? MR. KLATZKOW: What the Statute says is that notice be provided no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. A county municipality is not required to wait 90 days to decrease, suspend, or eliminate an impact fee. We are not creating a new impact fee here. The impact fee's been in place for many years. It's a transportation impact fee. What we're doing is we've created a new subcategory within that -- within that transportation impact fee which resulted in a lowering of the transportation impact fee from that which would have been paid by the applicant. I mean, normally we try to avoid these discussions by simply doing the 90 days and the heck with it, but here we actually had an applicant who says, I'm ready to go right now. One approach he could do would be to apply for a building permit, pay the high impact fee, when the new impact fees go into effect, cancel his building permit and come back with a new building permit. That seemed rather senseless to us and, quite frankly, I don't think it was necessary to begin with. But I understand Commissioner Hiller's position. And, you know, it's two sides of the same coin, quite frankly. And there are no legal decisions on this that you can rely on. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I'm very confused now. CHAIRMAN COYLE: Yeah, me too. COMMISSIONER HENNING: The only question is, are we doing a lawful action? MR. KLATZKOW: In my opinion, yes. COMMISSIONER HENNING: Is there anybody else in your office who disagrees with your opinion? MR. KLATZKOW: I'm the only one who looked at this, but we Page 144 June 28, 2011 have talked with our outside counsel who agrees with this approach. COMMISSIONER HENNING: Okay. Then I can't second the motion. CHAIRMAN COYLE: Okay. The motion dies for lack of a second. Commissioner -- COMMISSIONER FIALA: Yeah, I was just going to -- CHAIRMAN COYLE: -- Henning, had you finished, though? Your light's still on. COMMISSIONER HENNING: I'll make a motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. We have a motion to approve by Commissioner Henning, second by Commissioner Coletta. Commissioner Fiala, did you have something? COMMISSIONER FIALA: I was just wondering if Amy had something to add. MS. PATTERSON: No, I don't, other than we vetted this with outside counsel, which Jeff already stated. Thank you. Amy Patterson, for the record. CHAIRMAN COYLE: Don't snatch defeat from the jaws of victory . COMMISSIONER HILLER: Can I ask a question? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HILLER: But based on that -- so now you've approved it for this one company. Does any other company have to come before the board to get exception to the statutory requirement to -- because what you're saying is that -- you know, you're talking out of both sides of your mouth. On the one hand you say the 90 day notice period is required. And that 90 day notice period is required only if there is a new category or an increase in the rate of an existing carrier. You don't need the 90 day notice otherwise. So my question is, if that's your opinion, counsel, then we don't Page 145 June 28, 2011 need the 90 day notice, and put it in effect now and be done with it. But either you have the 90 day notice and you respect it, or you don't have it and everybody qualifies for it. COMMISSIONER HENNING: Right. MS. PATTERSON: Okay. We had provided in the Executive Summary that we would bring back anybody else similarly situated, which we don't have. COMMISSIONER HILLER: That's not the issue, you know. The issue is, either it applies and it applies for everyone now, and we don't have to bring anyone back, and we don't need the 90 days, or we need the 90 days and you can't do it. CHAIRMAN COYLE: I thought it was very clearly stated that it was required only if a new or increased impact fee is enacted. Is that what you said? MR. KLATZKOW: This is not a new impact fee. CHAIRMAN COYLE: That's right. So since it's not a new or increased impact fee, it doesn't -- MR. KLATZKOW: It doesn't -- in my opinion, it doesn't require it now. CHAIRMAN COYLE: Okay, that's right. So it's fairly simple. COMMISSIONER HILLER: But you have filed a 90 day notice. MR. CASALANGUIDA: In an abundance of caution. COMMISSIONER HILLER: We have filed a 90 day notice. We are in that process right now. MS. PATTERSON: We filed the 90 day notice because there were other land uses anticipated under this fee schedule. This wasn't the only one. COMMISSIONER HILLER: Well, you can eliminate this particular one. MS. PATTERSON: If that's the direction of the board, that anybody that applies to use the warehouse rate from this point forward gets the warehouse rate, then we're happy to follow the board's Page 146 June 28, 2011 direction. This wasn't the only item on that fee schedule. COMMISSIONER HILLER: Yeah, but-- MS. PATTERSON: There were other land uses. COMMISSIONER HILLER: But the -- any land use that you created the same way as this one was created would not have to be noticed based on counsel's argument. So, whichever ones that you pulled out of an existing category according to Jeff, doesn't have to follow the 90 day notice. So it's not just this one. I mean, there was, what was it, light industrial or manufacturing. MS. PATTERSON: Manufacturing and Small Medical Office. COMMISSIONER HILLER: So those three categories now don't need to have the 90 day notice according to counsel? MR. KLATZKOW: If you're lowering the fee, it does not need the 90 day notice. We do this out of an abundance of caution just in case someone raises an argument like you do, all right? And I'm not saying your argument is not without some validity. I'm just saying that when you look at the impact fee statute in context of the legislative history of it, all right, we believe that the Legislature did not intend for somebody to have to wait 90 days for a decrease in their impact fees. CHAIRMAN COYLE: Okay. All in favor, please signify by saYIng aye. MR. MITCHELL: Sir, we have a public speaker. CHAIRMAN COYLE: Who wants to do it? You don't want to speak on this. MR. BILLINGTON: Oh, yes, I do, Fred. MR. MITCHELL: It's Duane Billington. COMMISSIONER HILLER: I think you're an Ex-Officio Commissioner. CHAIRMAN COYLE: Oh, no. Let's not take that step. MR. BILLINGTON: But we could sit next to each other. Page 147 June 28, 2011 F or the record, Duane Billington. CHAIRMAN COYLE: Not for long. MR. BILLINGTON: This is kind of interesting, and I can understand the confusion. And I guess part of what I'm wondering is with this change does this affect the -- what's being proposed for Arthrex, what the total amount of incentive might be? COMMISSIONER HENNING: No. They're doing manufacturing, not warehousing. MR. BILLINGTON: Well, they're doing warehouse out there, too. MR. CASALANGUIDA: It's manufacturing. It's been calculated under that rate. Again, the irony of this is if someone applies for this rate and then a month later comes to our shop and says, I want to cancel my building permit, then they would instead get that refund. COMMISSIONER HILLER: But isn't that true anytime we change impact fees? MR. CASALANGUIDA: But I'm lowering the rate. And if I . gIve you-- COMMISSIONER HILLER: Right. MR. CASALANGUIDA: -- an example, that might clear this up. Let's say I have fast food restaurants in my impact fee category, which I do, and I do a study and I come up with fast food restaurants with no outside seating and fast food restaurants with inside seating, and it ends up being a lower rate. It's not a new rate. That person would be taking advantage of that category if he falls under that new rate at a lower price. So I agree with the counselor that it makes no sense for us to do the 90 days advertising if we're reducing the fee. And we did it in an abundance of caution because, you know, we didn't want to be challenged. But when we talked to outside counsel, they were very comfortable with the fact that we were reducing the fee. Page 148 June 28, 2011 MR. BILLINGTON: Thank you. CHAIRMAN COYLE: Okay. All in favor-- COMMISSIONER HENNING: No, no, no, hang on. CHAIRMAN COYLE: Oh, I'm sorry. Commissioner Henning? COMMISSIONER HENNING: Commissioner Hiller does make a valid point, and it sounds like staff agrees with us, let's not do the 90 day notice requirement, if it's legal. So I'm going to amend my motion to approve, and not to include the 90 day notice. COMMISSIONER HILLER: Well, you know, the -- oh, I'm sorry. May I speak? CHAIRMAN COYLE: Go ahead. I'm sorry. COMMISSIONER HILLER: Thank you. We have to deal with what's before us today. COMMISSIONER HENNING: It is, right here. COMMISSIONER HILLER: No, what -- no. Today the motion is -- or this particular item is whether or not we should make the exception for this particular business. So that's really the only thing that we need to consider. And then we need to take a separate action to -- if, in fact, this is not a new rate but merely a reduced rate -- although I will -- I still think it's a new impact fee -- eliminate the 90 day notice. COMMISSIONER HENNING: Are we doing 16-9A (sic)? If we are, I'll read you -- CHAIRMAN COYLE: 16A9. COMMISSIONER FIALA: 16A9. COMMISSIONER HENNING: 16A9-- MR. OCHS : Yes, sir. COMMISSIONER HENNING: -- The ordinances in the paragraph to -- according to the 90 day notice requirements under Florida Statute, blah-blah-blah. I'm saying, don't do the 90 day. Still approve the agenda -- or the ordinance. It doesn't take a separate Page 149 June 28, 2011 action to amend the ordinance by removing that amount, removing that language. MR. CASALANGUIDA: I think, Commissioners, for clarification, which might help, is that your county attorney and outside counsel said the 90 days doesn't apply. So, in effect, what you're saying is, we're not changing the ordinance, is that we would institute those rates today. COMMISSIONER HENNING: Right. MR. CASALANGUIDA: And that's what you'd be making an amendment to, is that there is no 90 day period required. COMMISSIONER HENNING: Correct. Okay. That's my motion. COMMISSIONER COLETTA: What's the -- may I? CHAIRMAN COYLE: You just keep killing yourself, don't you? Did you have a question? COMMISSIONER COLETTA: Yes, I do. What's the downside in Commissioner Henning's motion? MR. KLATZKOW: There is none. They are decreased fees. COMMISSIONER COLETTA: Decreased fees. COMMISSIONER FIALA: So it really means nothing. MR. KLATZKOW: These are decreased fees. There are no downsides. There never was a downside. CHAIRMAN COYLE: Yeah, we spent 30 minutes talking about it. MR. KLATZKOW: The concern was never decreasing impact fees. The legislature's concerned with increasing impact fees on businesses. That was -- the purpose for the 90 days notice was to give people the opportunity to run and get a permit before the impact fees were raised. That's why there's a 90 day notice. COMMISSIONER COLETTA: Right, I understand that. But you don't need a 90 day notice if you're going to be dropping them. MR. KLATZKOW: That's right. Page 150 June 28, 2011 COMMISSIONER COLETTA: And then-- COMMISSIONER HILLER: Or if they're new. COMMISSIONER COLETTA: That's Commissioner Henning's motion; if that's it, I second it. MR. KLATZKOW: I don't have an issue with Commissioner Henning's amendment to the motion. CHAIRMAN COYLE: All right. We've got a motion by Commissioner Henning, a second by Commissioner Coletta. And we have comments by Commissioner Hiller or not? COMMISSIONER HILLER: Yeah. I just want to clarify. So you are saying that this is not a new impact fee, even though it's for warehousing and for light industrial that we've never had before and, therefore, we don't need the 90 days? I'm summarizing your statement. MR. KLATZKOW: Yes. COMMISSIONER HILLER: Okay. And the reason you had the 90 day notice was -- notwithstanding the "yes," was just because you do it as a matter of course regardless? MR. KLATZKOW: No, because your argument is not invalid. I understand your argument, all right. In an abundance of caution, we decided to do the 90 days, never really thinking we'd get the permit in, given the fact of to day's economy. But the request came in, and so now the question is, well, do we want a guy to go through the hoops of getting a permit, canceling a permit, then getting a new permit for a decrease, or just to waive it? So we came back to the board to say, look, we're asking you here, you know, can we move forward with this permit at the reduced rates? COMMISSIONER FIALA: Call the question. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. Page 151 June 28, 2011 COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: And if I -- CHAIRMAN COYLE: Whatever it was, it was passed. COMMISSIONER HILLER: Can I just, for myself -- Jeff, could I have a copy of the summary notes from your conversation with outside counsel on this? MR. KLATZKOW: I don't have summary notes. COMMISSIONER HILLER: You don't take notes with outside counsel? MR. KLATZKOW: No, I don't. COMMISSIONER HILLER: Can you summarize what counsel said for me -- MR. KLATZKOW: I believe it was an email. COMMISSIONER HILLER: -- in an email? MR. KLATZKOW: I'll forward you the email. COMMISSIONER HILLER: Okay. On this issue? CHAIRMAN COYLE: We can do that offline. COMMISSIONER HILLER: I'll take a look. I just want to make sure I just have that for my file. CHAIRMAN COYLE: Okay. Item #10L CONDUCT THE CONSERVATION COLLIER ANNUAL PUBLIC MEETING TO PROVIDE THE BOARD OF COUNTY COMMISSIONERS AND PUBLIC WITH AN UPDATE ON THE Page 152 June 28, 2011 PROGRAM'S PAST ACTIVITIES - MOTION TO ACCEPT REPORT - APPROVED MR.OCHS: Commissioner, that takes us to 10L. It was previously -- it was a recommendation to conduct the Conservation Collier annual public meeting to provide the Board of County Commissioners and public with an update on the program's past activity . Ms. Alex Sulecki is here to answer any questions. This was moved from the consent agenda at Commissioner Coyle's request. CHAIRMAN COYLE: Yeah. I was concerned about this being on the consent agenda because we're required to have a public meeting for the purpose of providing a past and current activities report to the board. I did not feel that just putting it in the consent agenda was an adequate public hearing. So if you can give us a brief report, then you will satisfy the requirement in my mind. MS. SULECKI: Very good. Good afternoon, Commissioners. For the record, Alex Sulecki, coordinator of Conservation Collier. It's my pleasure to come before you today and provide you and the members of the public with the Conservation Collier Annual Report. I do have a short presentation, two items for the record. And the photo you see here, I just want to point out, is the Limpkin Marsh Preserve on Immokalee Road near Corkscrew Swamp, and it represents our shifting focus from the acquisition of land to their management and providing public access. Some of the past and current activities that we've had, one thing I just want to point out, we now have a logo. You see it in the top left corner, and it's on the cover of your annual report. This was designed by our Advisory Committee Member, Jeff Curl. We're fortunate -- and this is one of the things I wanted to put on Page 153 June 28, 2011 the record. We're very fortunate to have a great Citizens Advisory Committee. We have members who have served multiple terms, and so we have great continuity. Throughout the years, we've had eight of our members awarded the Outstanding Advisory Committee Award, including three of our currently serving members. So I just wanted to take this opportunity to say "Thank You" to them. Another thing I'd like to put on the record, there was -- I would like to correct something on your Executive Summaries. In the considerations section at the bottom paragraph, the first sentence, it says 18 of the 19 acquired projects are now under board approved management plans. Actually 17 of the 19 are. One of them is wending it's way through the approval process. So where are we? We've completed seven acquisition cycles. We've purchased 4,046 acres in 19 project locations. We spent about $104.2 million. We have received grant funding, close to $400,000, mostly for Exotic Removal, Land Management Activities. We've developed a hunt program at the Pepper Ranch Preserve, and we've also developed a long range plan for management needs and development of our public amenities. The photo here is of the Pepper Ranch property and a visit by the Caloosa Riding Club in February of this year. Some of our planned activities, including continuing to develop public access to our preserve lands as directed by the Conservation Collier work plan which was approved by you June 14th. Securing grant funding whenever possible. We are working on a draft amendment to the parks and recreation ordinance regarding preserve use. That was directed by you in December of last year. We are continuing to hold public meetings for final management plans, we're continuing to manage our lands as outlined in our plans, and we're continuing to implement the hunt program at Pepper Ranch. Page 154 June 28, 2011 And this photo is of the Alligator Flag Preserve Trail, which is along Immokalee Road. And, finally, I would just say that we ask you to accept our past and current activities report as presented and to tell you that this photo is Florida Panther 159, and it was taken by our wildlife camera at the Caracara Prairie Preserve. COMMISSIONER FIALA: How did they get a collar on it? MS. SULECKI: It has a collar. CHAIRMAN COYLE: They feed it. COMMISSIONER COLETTA: You feed them. COMMISSIONER FIALA: And then take them for a walk. COMMISSIONER COLETTA: You've got to pet them, you know. COMMISSIONER FIALA: With a leash? CHAIRMAN COYLE: Okay. We have a public speaker? MR. MITCHELL: Yes, sir, we do. Caitlin Weber. MS. WEBER: Good afternoon. Caitlin Weber here on behalf of the Conservancy of Southwest Florida. The annual report before you today briefly references the use of county preserve lands to obtain mitigation credits in the form of panther habitat units, or PHU s. These credits are designed to offset impacts to panther habitat elsewhere. As this process moves forward, we may have recommendations with regards to how such credits are obtained. We hope that the implementation of a crediting system will be open for discussion. We appreciate staffs willingness to work with us in the past, and we'd like to be involved as this issue develops. We ask that you accept the annual report with the understanding that there may need to be future discussion on its content. Thank you. CHAIRMAN COYLE: Thank you. Okay. I make a motion that we accept the report. Page 155 June 28, 2011 COMMISSIONER HENNING: Second. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Second. COMMISSIONER HILLER: Second. CHAIRMAN COYLE: Okay. Motion to accept the report, seconded by Commissioners Fiala, Coletta and Hiller. I have a feeling it's going to pass. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MS. SULECKI: Thank you, Commissioners. CHAIRMAN COYLE: Okay, thank you. And that takes us to 13 A? Item #13A BOARD OF COUNTY COMMISSIONERS (BCC), ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA), TO APPROVE THE RELOCATION OF IMMOKALEE CRA OFFICE, APPROVE THE MASTER LEASE WITH BARRON COLLIER PARTNERSHIP, LLLP, AND AUTHORIZE THE CHAIRMAN TO SIGN THE MASTER LEASE AGREEMENT (3120 15TH STREET NORTH~ UNIT 2~ IMMOKALEE) - APPROVED MR. OCHS : Yes, sir. CHAIRMAN COYLE: Okay. Page 156 June 28, 2011 MR. OCHS: This item was moved from the consent agenda. It was previously 16B 1. It's a recommendation for the Board of County Commissioners, acting as the Community Redevelopment Agency, to approve the relocation of the Immokalee CRA Office, approve the master lease with Barron Collier Partnership, LLLP, and authorize the Chairman to sign the Master Lease Agreement. This item was moved at Commissioner Henning's request, and Ms. Phillippi is available to present or answer questions. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: What is the existing square foot charge that you're paying right now? MS. PHILLIPPI: We're not paying anything right now. COMMISSIONER HENNING: Okay. Who's leasing the building? MS. PHILLIPPI: I assume it's being leased by County Commission for Code Enforcement and the Commissioner's Office. COMMISSIONER HENNING: Well, there -- I mean, you're moving into a building that's twice the size as you have now. And I understand it's crowded in there. But why not look at a holistic approach and bring all government entities into that newly expanded building? Since there is no activities out in Immokalee it's going to be hard to sublease any space. MS. PHILLIPPI: Are you referring to the space we're in or the future space? COMMISSIONER HENNING: Both. I'm referring -- MS. PHILLIPPI: We do intend to-- COMMISSIONER HENNING: The existing space that you have is overcrowded, and you stated that. It wasn't clear who was going to occupy, except for the CRA, the new building. You're doubling the space. The question is, why not create a place for all those government entities, the CRA, the code enforcement officers that are out there now, and the commissioner's Page 157 June 28, 2011 office? MS. PHILLIPPI: Well, the primary purpose of the move is to make enough -- a professional space for the CRA and a professional space for the Immokalee Business Development Center, which requires classroom space, a computer lab, and those sorts of things, and being able to lease to businesses who need to lease a space who are enrolled in Immokalee Business Development Center. So those were the folks that we were talking about subleasing the units to. COMMISSIONER HENNING: Okay. Well, that wasn't clear in your executive summary. MS. PHILLIPPI: That's correct. And I received a request and forwarded some information that perhaps you didn't get to see in your email. But we put a list of the persons who are currently enrolled in the Immokalee Business Development Center and who are interested in subleasing office space. COMMISSIONER HENNING: And who's interested in subleasing it? MS. PHILLIPPI: There's four small businesses that are currently looking for a space in Immokalee. COMMISSIONER HENNING: And you're going to sublease them at the market rate? MS. PHILLIPPI : Yes, sir. COMMISSIONER HENNING: Okay. MS. PHILLIPPI: At the rate -- the same rate that we pay. COMMISSIONER HENNING: Okay. I didn't look at that email because I think it's a violation of sunshine. MS. PHILLIPPI: That was pointed out to me by your aide, and I apologize for that. CHAIRMAN COYLE: Okay. Is that it? COMMISSIONER HENNING: Yeah. It answered my questions. Page 158 June 28, 2011 CHAIRMAN COYLE: Okay. Commissioner -- who was first, Commissioner Coletta or Commissioner Hiller? COMMISSIONER COLETTA: I don't know. COMMISSIONER HILLER: Doesn't matter. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yeah. Penny, would you -- first of all, I'm not sure it's a good idea for us to be in the business of subleasing space. You know, we certainly don't want to take on responsibility for more space. We've already got so much empty space as it is. And I don't mean necessarily in Immokalee, but just as government right now because of the changes in our employment levels. So I don't see why the property owner doesn't just go ahead and contract his own leases with, you know, these tenants that you may have found. Secondly, where's Commissioner Coletta going to be? I mean, he needs space. I mean, if you're moving out -- you mentioned yourself and you mentioned, you know, this other development group. But where does that leave the commissioners' office out there? And it's not for Commissioner Coletta. It is the commissioners' office. The other question I have is, what about the constitutionals and where are they located? Because I'm listening to what Commissioner Henning said, and he makes a really good point. In North Naples we actually have a Government Center, and we have the Tax Collector, DMV, the Property Appraiser, the Supervisor of Elections, and the Clerk of Courts, the Sheriff, and the Board of County Commissioners all represented in that one location. It's one-stop shopping for the citizens, and it's really a great amenity for the people in North Collier. The space that you're talking about, I don't know where these other constitutionals are. I'm not familiar with that. And maybe Commissioner Coletta can explain. But it might be a wonderful opportunity to bring everybody together. And I don't know what other Page 159 June 28, 2011 commitments there are, so I'm really talking without knowledge. I'm just throwing out the idea as a consideration. And then it also begs the question, what's going to happen with the space that you're vacating? And maybe it makes more sense that you get 100 percent of the space that you're vacating and then let Commissioner -- the commissioner for District 5 and the other people occupy that space that you found as, like, the hub. I'm just throwing ideas out. No commitments to any single one. I just wanted your input for some of the thoughts that I had that might work for you. And I'm just sharing my experience from North Collier, which works really well. MS. PHILLIPPI: Well, if you recall, we were going to -- when we created -- when this commission created the Immokalee Business Development Center, we, in essence, created a business incubator. And in that incubator process we also talked about subleasing, which is part of the program package that we provide to new businesses as we teach them how to write business plans, do their marketing, to do their budgeting, to the full spectrum of what it takes to become a business, and then to have -- to go quarterly to them to review their books. It's an entire program of growing a business. Part of that package was to have a space that they could rent that wouldn't be as expensive as the going rate, which is about 15.50 per square foot annually in Immokalee; although our guidance says six to twelve dollars is not real -- it's not real in Immokalee. So we saw this as an opportunity to not have to -- because if we go to the one stop to do presentations or the Entrepreneur School, we have to pay $60 an hour for staff to stay there in the evenings while we're doing this, or we have to go to the Community Center and set up the tables and chairs. This way not only would we have the professional setting that we're seeking, we'd have teaching rooms, we'd have a boardroom where the Advisory Board could meet, we would have a computer lab Page 160 June 28, 2011 where we could actually teach how to use Quicken and all those sorts of things, and still have, really, only three rooms left. So certainly the commissioner could come into one of those. But that was the general idea, to have one hub for businesses, and as they come in -- a more professional setting when larger businesses want to come in and talk about moving to Immokalee. So that was -- that was our thinking. CHAIRMAN COYLE: Well, you know, if we could get this back on track, we're here to vote on your leasing space for the CRA. MS. PHILLIPPI: That's correct. CHAIRMAN COYLE: We're not here to discuss the building or the leasing of another government facility in Immokalee to concentrate everybody into a bigger and more expensive building-- COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: -- for which we have no funds. So, you know, I don't know how we get into these kinds of discussions. But, quite frankly, we're talking about you renting space to do CRA business and if Commissioner Coletta needs more space, then he needs to deal with it himself, which I'm sure he will. But as far as I know, you don't have money to give to Commissioner Coletta for a new office, do you, or for the Tax Collector or anybody else? MS. PHILLIPPI: No, sir. And truthfully, we were interlopers in that space. CHAIRMAN COYLE: Yeah, okay. COMMISSIONER COLETTA: Well, let me jump in. CHAIRMAN COYLE: Okay. Commissioner Coletta, go ahead. COMMISSIONER COLETTA: This thing has a history that goes way past Penny. Back a number of years ago when I first started going to Immokalee, I went to wherever Barry went, and that was the Clerk __ the Courthouse there. Well, the problem was, you went in the Page 161 June 28, 2011 courthouse; for anybody to come and visit you, they had to go through security. Nobody came. So I moved it over to the Community Center, and they gave me a room there with a broken down card table and a couple chairs, and it went fine until school let out in the early -- in the late spring, and then the kids took the place over, and you couldn't get anything done. I mean, they were running in and out of the room all the time. So I went to the County Manager and I asked him if I could get an office, you know, someplace in Immokalee. He didn't respond, so I wrote him a letter and I said, you know, Commissioner Henning had an office, now Commissioner Fiala had an office, Commissioner Halas had an office off site, and here I'm 40 miles away from the county building, and I don't have an office. I says, all I need is give me a desk, and I'll put it on the dock at Lake Trafford, and I can use the restroom over at the marina. Well, Mudd acted a little bit -- overreacted to the letter. Took it all wrong. Next thing I know, I got a whole building on Alachua, and he kicked parks and rec out of there. And he said, there's your building. So I got code enforcement in there, I got the Chamber of Commerce, I got the EDC. I brought a number of entities into that, and they moved -- in time everybody moved on. I only need a small space temporary. I would love to be able to come over there, but you've still got this facility that's way overutilized that code enforcement can use. And as far as an office goes, I gave a big office I had -- I subdivided it. I gave half of it to Penny -- no, I gave half of it to code enforcement. Then Penny came along and she asked if she could have my half, and so then I moved into the breakroom, and that's where I've been ever since. I'm happy. CHAIRMAN COYLE: Okay. All right. You're happy. Commissioner Henning, you started all this. Will you please make a motion. COMMISSIONER HENNING: No, no, no, no. I stayed on the Page 162 June 28, 2011 item, on the agenda item. COMMISSIONER COLETTA: So did I. COMMISSIONER HENNING: I'm not talking about being a victim here. I'm just talking about this lease. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I'm not talking about Constitutional Officers or anything like that. CHAIRMAN COYLE: Not yet. COMMISSIONER HENNING: I'm staying with the agenda. CHAIRMAN COYLE: Okay. Would you make a motion? Would you approve this thing or not? COMMISSIONER HENNING: Yeah. I'm going to make a motion to approve. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: But I also -- just a question. Are these subleases going to come to the Board of Commissioners, or the CRA board? MS. PHILLIPPI: Yes, sir. MR. KLATZKOW: Yes, sir. COMMISSIONER HENNING: They are? MS. PHILLIPPI : Yes, sir. COMMISSIONER HENNING: All right. I'll tell you what I'm looking for. Don't take away from existing property owners over there. In other words, if you have somebody, you know, paying a little bit more and they want to just lower their rent, that's not a good utilization of the TIF, my opinion. So that's what I'd be looking for. MS. PHILLIPPI: I think that was the complaint when we were thinking about moving the incubator to the airport, there were folks who were concerned that we were competing with the private sector, and that's a legitimate concern. In this instance we're not competing with private sector. Page 163 June 28, 2011 COMMISSIONER HENNING: No, absolutely, you're not. Just in the subleases, I would like for you to point that out for me. MS. PHILLIPPI: Okay. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Okay. Motion by Commissioner Henning to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. And we're fast approaching break time. We've got seven more. COMMISSIONER COLETTA: Take a break. CHAIRMAN COYLE: You want to take a break now and come back for correspondence? COMMISSIONER COLETTA: Sure. We'll whip it off. MR.OCHS: Well, we have public comments. I don't know if there's any public comments today, sir. MR. MITCHELL: We have two people registered to speak. CHAIRMAN COYLE: Okay. Let's hear the public comments, and then we'll go on a break. Let's do them. Item #14 PUBLIC COMMENTS ON GENERAL TOPICS Page 164 June 28, 2011 MR. MITCHELL: The first speaker is Duane Billington, and he'll be followed by Tim Hancock. MR. BILLINGTON: For the record, Duane Billington. I'd like to clarify something I said, and then it was kind of -- some spin was put to it. When I referred to the $50,000 an acre that was applied to Oil Well Road right-of-way and that was the value we allowed Collier Development to use for that right-of-way. It had nothing to do with the Vanderbilt, outside of that. I was using that as a comparison and made a statement saying I was pleased that we no longer were using an adversarial amount when we have a willing seller. So I just wanted to clarify that. One interesting thing I learned down here today is that the 1-75 interchange, in fact, is going to cost more than the cost of just the interchange, because Commissioner Coletta stated that Vanderbilt is required for the interchange, and there's quite a large supporting road network that goes along with that interchange. So I would suggest in the future that if we referred to it, that we use the total cost of what's going to be required to support that interchange at Everglades Boulevard. Thank you. COMMISSIONER COLETTA: I have to comment. CHAIRMAN COYLE: Go ahead. Your light's on. COMMISSIONER COLETTA: Nick, come on up front here. I mean, I don't know how we got from there to the supporting network of roads. Well, there's some -- COMMISSIONER HENNING: Can't we do this under commissioners' comments? CHAIRMAN COYLE: Yeah. COMMISSIONER HENNING: It's the public's comments, not commissioners' comments. COMMISSIONER COLETTA: Well, now would be the time to Page 165 June 28, 2011 answer it. CHAIRMAN COYLE: Yeah. Mr. Billington raised a specific issue about Commissioner Coletta's comments, and Commissioner Coletta should be allowed to respond to it. COMMISSIONER COLETTA: Thank you very much. I appreciate that. MR. CASALANGUIDA: I'll try and keep it short. You can't apply for a project consistent, like the I-75/Everglades interchange, as long -- if you're not executing your adopted long-range transportation plan. MR. BILLINGTON: Right. MR. CASALANGUIDA: They're tied hand in hand. Vanderbilt Beach Road is a parallel facility to 1-75 and an interlocal reliever. Federal Highway would not consider you for a project like that if you weren't actively moving forward with other projects in your long range transportation plan. So your comment about that single project would be more directed to everything within the LRTP, not just Vanderbilt Beach Road. MR. BILLINGTON: Oh, yeah. I agree wholly. COMMISSIONER COLETTA: And roads are expensive, sir; you're right there. MR. BILLINGTON: And thank you for the clarification. COMMISSIONER COLETTA: No problem. Glad to. CHAIRMAN COYLE: Okay. Mr. Hancock. MR. MITCHELL: The next speaker's Tim Hancock. MR. HANCOCK: Good afternoon Commissioners, for the record, Tim Hancock with Davidson Engineering. I understand this body went into shade session today on the Blocker case, and I do understand the limitations of a shade session and what you can and cannot discuss. So I'm not seeking discourse with you on what occurred today at your closed door meeting. But I think it would be remiss in not pointing out to you that in Page 166 June 28, 2011 the full review of everything we can get our hands on in this case, going back to the Code Enforcement Board action in 2006, the record that was created there is the basis on which most of the court decisions have been made since that time. That record was incomplete in that it cited the lack of certain pieces of information that we subsequently have found. I've read in the media that this information has been around for years, and I find that hard to believe since Mr. Johns put his hand on it for the first time four weeks ago. What we're seeking is exactly what you, Commissioner Coyle, sought several weeks ago when Commissioner Hiller brought forth information and you asked the County Manager and the County Attorney to come forward with that information -- either it does exist or doesn't exist -- and go from there. Unfortunately, for some reason, that's the same thing we've been asking for years is to have that open dialogue about what does and doesn't exist, and we can't seem to get there. And my primary concern is that we sat with your staff, Code Enforcement and Planning staff, on Thursday of last week and were handing them information across the table that they were making copies of because they had not seen it. This was Thursday. Today this board went into a shade session to have a very weighty conversation that has the real effect of taking a person's property. And my question to you is, if the information that does or does not make up a complete and total record on this case is of paramount importance before taking someone's property, was today's discussion a little bit premature before the staff has had the ability to review the full boat of information that was provided as recently as Thursday of last week before coming to this body? And ask you to consider that. And I thank you again for your time and consideration. CHAIRMAN COYLE: Okay, Tim. Thank you. Page 167 June 28, 2011 COMMISSIONER HENNING: I didn't know that was going on. CHAIRMAN COYLE: You might -- I'm sorry. Go ahead. COMMISSIONER HENNING: I'm sorry. I didn't know there was discussions going on; otherwise, I wouldn't -- I wouldn't have brought it up. If there was discussions with staff, I definitely wouldn't have made a request for a closed door session. CHAIRMAN COYLE: Okay. We're not going to discuss the closed door session. But let me tell you at least my impression of what you're saying, is that it is in substantial variance of the position of our legal here. The legal staff has represented to all of the commissioners that the information you're referring to has been available from the very beginning and, in fact, was referenced in the court hearings. So there is a misunderstanding about something somewhere, and it might be worthwhile to try to pin that down. MR. HANCOCK: Yes, sir. And if necessary to possibly come back to you under public comment and address that, we will certainly do that. And I understand your legal counsel will be giving you advice as to what you can and cannot discuss because of the legal proceedings that are ongoing. But I -- there is a significant variance there, sir, and we're confident in our position. CHAIRMAN COYLE: Okay. And -- okay, thank you very much. Commissioner Hiller? COMMISSIONER HILLER: Yeah. Could you wait at the podium, please, so I can make my comments, just in case -- if I have a question. My concern with the statement you just made, Commissioner Coyle, is that if you're -- if that's your interpretation, they made public records requests for those documents, or for that map, or all documents, and that map was not produced. If we had that map for all Page 168 June 28, 2011 this time and we didn't produce it pursuant to a public records request, then we've got a public records violation. MR. KLATZKOW: You know, we have a $2 million counterclaim against us. That's why we called a shade session to have this discussion. I can call another shade session. Mr. Hancock, you're willing to visit with Ms. Hubbard, go through everything you have; she will show you where it's been before. If she is mistaken and this is new, we will reconsider it. All right? MR. HANCOCK: Thank you. COMMISSIONER HILLER: And I would also like the question answered as to -- since there were public records requests, why wasn't this produced as part of it if we've had this all along? And I mean -- "we" meaning the county. Not the board, but records. MR. KLA TZKOW: You're making the assumption that these things were not produced. COMMISSIONER HILLER: Well, that's what I'm asking. I'm asking you to share with me where is it proved that they were. MR. KLATZKOW: I'm saying that if Mr. Hancock will meet with Ms. Hubbard, all right, and she will show him where it was previously. Now, if there are documents that we were not aware of, okay, that's fair, and I'll bring it back, all right. We're not -- we're not prejudice against the Blockers here. I mean, you know, it will be a full and fair hearing. MR. HANCOCK: Thank you very much. CHAIRMAN COYLE: Okay, thank you. Okay . We're going to take a ten minute break, and then we'll be back for what will probably be a very lengthy communications and correspondence discussion that will take us probably till 5:30 or six o'clock. So we'll be back at 3:12. (A brief recess was had.) Page 169 June 28, 2011 MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Okay. We -- the Board of County Commission meeting is back in session. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COYLE: And we're going into correspondence and communication, and we'll start with the County Manager, Leo Ochs. MR.OCHS: Thank you, Commissioner. I have nothing for the board today except to wish you all a couple of weeks of R&R, and we'll see you back here on July 26th. CHAIRMAN COYLE: Okay. We'll go next to Commissioner Hiller, but she's not here so -- COMMISSIONER HILLER: I'm here. CHAIRMAN COYLE: -- we'll skip her completely today. And, County Attorney, go ahead. MR. KLATZKOW: I also have nothing, sir. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: I just want to say that I was really pleased to see our names linked together on a number of agenda items. I was very happy to see that. I thought it was a move in the right direction. So thank you. CHAIRMAN COYLE: I wish the feeling were mutual, but nevertheless. COMMISSIONER HILLER: Hey, if looks could kill. CHAIRMAN COYLE: Yeah. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have nothing to report, nothing to say except have a nice -- have a nice summer, and a Page 170 June 28, 2011 wonderfully joyous happy 4th of July, and be careful on the 4th of July. Enjoy it with family and cook hot dogs, but watch out for those fireworks. CHAIRMAN COYLE: If she seems a little happier now than she was earlier today, it's because she got some good news about her granddaughter, who was injured in an accident, so -- (Applause.) CHAIRMAN COYLE: And I don't have anything. Commissioner Coletta? COMMISSIONER COLETTA: I'm starting to feel guilty because I have two things. COMMISSIONER FIALA: Uh-oh. COMMISSIONER COLETTA: And they're going to require just a little bit of discussion. And first, Nick, would you please come up front here for just a moment. As you know, we talked at a previous meeting about the $3 million that we have set aside for a -- hopefully an A TV park. And I met with some of the users in an informal session -- and invited Nick into it. I believe you were there, too, Jeff -- just to be able to try to get a general idea what they're looking for. And it was the opinion of the group that met with me that because of the economy the way it is and the availability of land out there -- in fact, we've had a couple of people already calling us, and we can't even respond to them because we've got no matrix to work . with yet -- that there may be opportunities that didn't exist before. And what I would like to do is have you allow staff to be able to come up with an A TV task force that would be able to come up with a review of what they would expect to have as far as an A TV park would be and what the matrix of the whole thing would be. Nick, can you elaborate on that a little bit? MR. CASALANGUIDA: Sure. We discussed with the commissioners and the gentlemens (sic) that were involved, and Page 171 June 28, 2011 questions about the A TV money was that you probably wanted to put that funds in a separate project or a specific project account and then direct staff to begin evaluation of some -- of some sites, and maybe even come back as part of an executive, say, $3 million will be brought into Project XXX, and direct staff to spend up to, say, $50,000 to employ some consultants to evaluate the county for potential sites working with this ad hoc committee. So we'd probably frame it in that sense and bring it back to you for approval, and that way we'd have a little bit of framework to work off of to look for some sites. COMMISSIONER COLETTA: And this should be available by the 26th, that we would have something together for you to look at. COMMISSIONER HENNING: I'm fine with that. CHAIRMAN COYLE: Yeah, I'm okay. Commissioner Fiala? COMMISSIONER HENNING: They're busy out there talking. CHAIRMAN COYLE: Say "yes." Nod. COMMISSIONER FIALA: I'm sorry, yes. What am I saying yes to? I'm so sorry. I was so rude. CHAIRMAN COYLE: We'll fill you in later. MR. KLATZKOW: Just for clarification, are we asking for the creation of an ad hoc committee? COMMISSIONER HENNING: No. We're asking staff to work with the users. CHAIRMAN COYLE: Asking the staff to work with-- COMMISSIONER FIALA: Oh, yeah, that's good. CHAIRMAN COYLE: -- stakeholders. COMMISSIONER COLETTA: That would cut a lot of time off it. CHAIRMAN COYLE: Stakeholders would probably be a better deal. If we keep an ad hoc -- appoint an ad hoc committee, it begins to -- Page 1 72 June 28, 2011 MR. KLATZKOW: Okay. CHAIRMAN COYLE: -- creates some problems for us. But if staff would work with the stakeholders to come up with some ideas -- and one thing I'd like -- one observation I'd like to make. I think Commissioner Coletta's absolutely correct that there is a possibility that we can accomplish more now than we could have accomplished in the past because, surprisingly, some of the regulatory agencies are getting an exposure to common sense, and they might really be more amenable to giving us approval to do something reasonable. And so -- and that's been the holdup all along. It hasn't been Collier County. It wasn't South Florida Water Management District. It was the regulatory agencies that wouldn't give us approval to do things. But we just got a ten-year -- I think we're going to get a ten year dredging permit that really hasn't been done in the past. We've had to go in and do environmental analyses year after year after year in the same area, and we've finally gotten a dose of common sense injected into that process. And so maybe we can do that here, too. So Commissioner Coletta's correct. COMMISSIONER COLETTA: Well, thank you for your support on that. MR.OCHS: Commissioner, if I could, just so I'm clear on what the expectation is for the July 26th meeting, because I got to tell you, that agenda is beginning to get very lengthy. So if you want a roomful of ATV proponents-- COMMISSIONER COLETTA: You won't. You'll have probably about ten people here at the most. MR. OCHS: What is it that you want the staff to -- COMMISSIONER COLETTA: What it is is coming up with a matrix as far as what we're going to do is -- the direction we're going to go. In other words, it might not even be a final report. I would kind of hope we'd come up with a direction where we could actually start Page 1 73 June 28, 2011 looking at different land opportunities that are out there, but we may have to wait until our meeting in September for that. Staff would have to make that determination. I wouldn't want to second guess them how we have to get there in an equitable way that will meet all the requirements of state statutes and our own ordinances. CHAIRMAN COYLE: Yeah. Once again if I could just interject something, the staff can control that issue, because if the staff comes up with a complete solution by the July meeting, I would be greatly surprised. MR. CASALANGUIDA: That's not going to happen. COMMISSIONER COLETTA: I wouldn't. I kind of expect it. CHAIRMAN COYLE: So there's not much point of coming back in July and telling us, well, we've studied it, but we don't have any recommendations for you. MR.OCHS: That's fine. CHAIRMAN COYLE: So, yeah. If you just come up with something definitive that meets Commissioner Coletta's specifications, that would be great. Okay. COMMISSIONER COLETTA: And I have-- COMMISSIONER HILLER: I just would like to comment on that. CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER HILLER: You know, the idea of having that committee -- can you come back to the podium so I can talk about this. MR. CASALANGUIDA: Sure. COMMISSIONER HILLER: I really think the idea of having a formal ad hoc committee is a very important one because there are so many stakeholders, and sunshine would govern, and that way it would be fully transparent. I would hate to see us go through the same thing that you went through with the Master Mobility Plan where, you know, there was citizen concern about lack of transparency, not being Page 174 June 28, 2011 able to be part of the meetings or part of the discussion. I really think that Commissioner Coletta's idea, and your -- or your idea, as the case may be -- who's ever idea it was to create a formal committee and appoint people to it to formalize the research process given the dollar size and the land size involved and have it governed by sunshine is the right way to go so there is full transparency, and that way, you know, ATVers and non ATVers alike can see through the whole process, because this has been a very heated community debate for a very long time. I think to go into sort of a shadow session now would be problematic. And also there's -- and I don't know what -- I don't remember off the top of my head what the rules are, but there is something about sunshine applying to either setting price for properties or -- I forget exactly what it is, but there's some sunshine rule about that. I don't know quite off the top of my head. But I just -- I bring up the point that I think we should have a formal committee, I think all the deliberations should be in the sunshine, all communications, you know, and all documents and emails should be subject to public records. MR. CASALANGUIDA: Commissioner, I can work either way, with either stakeholders or ad hoc committee. My intention would be to bring back a framework, a plan, recognize the revenues into a project account, authorize maybe limited expenditures for advertising and maybe some consultant to do some work, and put together what I would call a list of their needs. You know, we had some suggestions at the meeting using canals, power and light easements, you know, a trail system. We had all ideas that we ran -- you know, we kind of ran through. So we would put together a list of ideas that we would use as criteria to look for properties. So it's the board's pleasure whether it's just stakeholder meetings or ad hoc committee. Page 175 June 28, 2011 COMMISSIONER COLETTA: Nick, may I make a suggestion? MR. CASALANGUIDA: Sure. COMMISSIONER COLETTA: You know, I could go either way. I don't have a problem. I am concerned about the time element. When you come back, offer us both alternatives and with the advantages. In other words, there's a time element with going through an ad hoc committee, there's not -- that committee -- we'll have less time, less money going the other way. We can still keep all the records and do everything in the sunshine. But bring it back both ways. You know what the end results is we're looking for, and we'll see where we go with it from there. MR. KLA TZKOW: You don't meet again for a month. I mean, I think Commissioner Hiller brings up a very good point and, perhaps, one way to do this is that Nick will get the stakeholders, they'll be publicly noticed, anybody can show up who wants to talk about it, we'll keep minutes of it and, you know, we'll sort of conduct it as if it were an ad hoc committee. Whoever wants to show-- COMMISSIONER COLETTA: And if I might suggest, you might even want to consider two meetings so that you can really have the subject material work over a period of time rather than try to do everything in one shot with the stakeholders. MR. CASALANGUIDA: Commissioner, it will be a plan -- it may take several meetings, so I would say we would continue on this process until we found a site, so it could be three months, could be six months, could be 12 months as we evaluate these sites and then come forward. I think the reality is you're going to have $3 million and people know it's there. I think there are going to be some sellers that are going to be interested in coming forward. So we'll-- you have real money now. COMMISSIONER COLETTA: Well, let's go back and make sure we know what we're going to bring back at the next meeting that we have. Do we have that squared away rather than waiting two or Page 176 June 28, 2011 three months to get a report back? MR. CASALANGUIDA: No. I think the next meeting I'm going to bring you back a plan -- COMMISSIONER COLETTA: Okay, fine. MR. CASALANGUIDA: -- and a budget amendment to put those funds in a secured project account and probably authorize the expenditure of some research money, and then we'll, as Jeff pointed out, set a schedule to meet with some of the stakeholders, say what do you really need, and then we'll start doing some fact finding. COMMISSIONER COLETTA: And also, please notify me of those meetings. I've been with this subject material now for, oh my God, eight years, nine year, and I'd really like to stay with it till the end. MR. CASALANGUIDA: Okay, very good. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Then I have one other thing, sir. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER COLETTA: And this is going to be the high point of everybody's day. I just thought we'd end this thing on a very positive note, and that's our physician for the public Health Department. Dr. Colfer, would you come up front. Florida, overwhelmingly, has the highest unintentional drowning rate in the nation for zero to four-year-old age groups with a rate of 7.39 per hundred thousand population. Annually enough children to fill four preschools' classrooms do not live to see their fifth birthday due to drowning. Florida residents under the age of ten are most likely to drown in a swimming pool. Drowning is silent and is 100 percent preventible. The average hospital stay is two days with a median admission of $10,000 for those that do survive a drowning. The monetary cost of drowning in Florida for a year is greater than 16 million. Page 1 77 June 28, 2011 And with that, there's your introduction. DR. COLFER: Thank you, Commissioner Coletta. Good afternoon, Mr. Chairman, members of the board. For the record, I'm Dr. Joan Colfer, your Collier County Health Department Director. As Commissioner Coletta indicated, I believe we have a problem with drowning in our small children. And about a year ago, we formed a coalition at the Health Department, along with a number of other partners, 30 different agencies, called the Safe and Healthy Kids Coalition, and I asked them specifically to look at drowning issues, comparing Collier to the state. So on the visualizer I think you can see that the blue right here is our leading causes of death to children in Florida from ages one to four. And about halfway up that blue mark, those are the drownings compared to other things that kill children. There's some cancers on there, I think respiratory illnesses is all the way -- all the way on the very end, a very small one. But, unintentional injuries is that big blue one and half of that big blue is drowning. What that amounted to in 2009 for the State of Florida, 63 deaths to children one to four years old and 166 what they call near fatal drowning. Those are children that survive the drowning, get put on life support, and mayor may not end up with brain damage. And those are the kinds of things that are really hard to get your hands around from a data perspective. If we looked at what the age group is -- I don't know if you can put it that way so that they can see the one to four. If you try and analyze -- and I'm going to do this in, I promise you, three or four minutes, and you'll be done here. That peak is one to four, the top for the actual drownings, and the bottom graph is for those that are in the near fatal drowning. Then if we look at Collier's data -- now I -- this is children 18 years and younger and only for external causes. The dark green is the Page 178 June 28, 2011 children that die from suffocation issues and co-sleeping. But the blue, again, the dark blue, that's the drownings, and that's 2005 to 2009; Collier has 10 drownings to children in that age group. And then if you look, again, at the under 18-year-olds but break it down by age groups, the first cluster, if you would, is under one. But the second cluster is that one to four year olds, and you can see that spike in the middle. That's our drownings to young children in that one to four year age group. What the Safe and Healthy Kids Coalition would like to do is to start a pilot program in Collier similar to one that we went and saw in Broward County. There in Broward they have been offering for a number of years a program to their kindergarteners. Every kindergartener is offered ten 30 minute classes of swimming and water-safety lessons over a two week period. Their Swim Central Program has taught this to 275,000 children in Broward, and not a single child that's participated in that program has been a drowning victim or a near fatal drowning victim. And it was amazing. We went to see these kids -- you've met Dr. Vedder. He's been here before and talked to you about this issue -- little tiny kids that you wouldn't believe would be able to swim. We saw them, I think, Thursday, the next to the last day of their lessons. But you could take them halfway across the width of the pool, not the length, and some of them could actually swim. I was thrilled to see that in these little tiny kids. The others, you know, granted, might not have been as good, but they weren't afraid of the water anymore. They had been taught to reach and grab so that they didn't panic and drown in the pool. They were practicing their breathing, you know, going up and down and clearly were not fearful of the water anymore. We would love to start this program here in Collier County. We'd like to start small. Broward started with $82,000. That was all the money they had when they started their program over ten years hPage 1 79 June 28, 2011 ago. So we would like to start. We'd like to target about a thousand VPK, that's the voluntary prekindergarten kids. The basic cost of doing this program is $4 per child per lesson or $40 per child. There's other costs for transportation, and, you know, they need a program director and things like that. But we think we can raise the rest of the money. What we're asking for is if we could have $10,000 from the Board of County Commissioners to put in parks and rec's budget to help fund 250 kids to start this program. And I'll be happy to answer questions. COMMISSIONER COLETTA: Yes. May I elaborate just a little bit more on that? DR. COLFER: Yes, sir. COMMISSIONER COLETTA: What it is is they're going to be using mainly county pools for this training, and it would be county staff. They have to make sure they have people there that's -- be able to work with the kids. And what we're looking for is some money that would stay within the county system rather than have to go to a nonprofit, then come back then. And I'd like to be able to bring this back at the next meeting for more discussion. COMMISSIONER FIALA: Will you be able to which -- tell us which pools you'll be concentrating on? DR. COLFER: River Park was one of the pools. The YMCA folks are involved with us and, you know, we would be using some of their pools, and parks and rec's pools. But I don't know exactly which ones right now, but we'd be able to tell you. The target, again, is a thousand. Depends on how much money we can raise, you know, how many -- how many places we can go and how much we can do. CHAIRMAN COYLE: Commissioner Henning? Page 180 June 28, 2011 COMMISSIONER HENNING: I'm surprised at what always comes up on commissioners' communications. I'm really surprised. This really belongs in the budget discussion, not at a board meeting. I'm surprised that a request did not come through -- you're on our budget, right? DR. COLFER: Yes. COMMISSIONER HENNING: Yes. You are on our budget. DR. COLFER: Yes. COMMISSIONER HENNING: And it wasn't brought up then? DR. COLFER: No. COMMISSIONER HENNING: No. But that's really where it belongs. But I don't know why we're -- if this is the second cause of fatalities in Collier County, why aren't you working on the first one instead of the second one? DR. COLFER: I am working on the first one. I have a whole team of nurses and paraprofessionals that, through our Healthy Start Program, when we go out and visit pregnant women and women that are new mothers, that's one of the consistent messages is about the co-sleeping, the positions the children are put in, you know, when they sleep, and not, you know, putting all the padding, the bumpers around the cribs and all of that. So we do that. We do that every day. COMMISSIONER HENNING: But, you know, VPK (sic) is something on the Early Learning Coalition that we just funded. You know, there needs to be a better organization, and not under commissioners' communications to deal with this. Quite frankly, both of my sons had private lessons, swimming lessons. That's what I consider responsible parenting, okay. That's the parents' job. I'm not sure if it's government's job. But there are avenues for that, and I think that you need to take a look at the Early Learning Coalition, coordinate -- I mean, you have a liaison with the county government as far as your budget. Why aren't you working with them instead of doing this under commissioners' Page 181 June 28, 2011 communications? I just don't get it, okay? COMMISSIONER COLETTA: Well, if I may, that was the same question I asked when Dr. Colfer came forward, but then again, too -- COMMISSIONER HENNING: Why isn't it working with staff and -- the county staff instead of the county commissioner? COMMISSIONER COLETTA: In order to work with staff, we'd have to give some direction to be able to make that happen. COMMISSIONER HENNING: No, no. I mean, they work with staff all the time. The doctors -- the Florida Health Department works with staff all the time. Is this circumventing the staff to go over the board or what? COMMISSIONER COLETTA: I don't think so, Commissioner Henning. This is an issue that should have come to us under budget. It didn't. But I -- and I didn't want it to escape, so it's not Dr. Colfer's fault that it's on this -- under communication. It was my choice to put it there. I wanted to bring your attention to it to see if there's something we could do. COMMISSIONER HENNING: Well, Commissioner, you need to bring it under the budget, not under communication. COMMISSIONER COLETTA: Well, we missed the -- we missed the boat on the budget. COMMISSIONER HENNING: No, we have another hearing. MR. OCHS : You have three more hearings. COMMISSIONER HENNING: But I want a heck of a lot more information than was presented under commissioners' communications. COMMISSIONER COLETTA: Well, there you have it, Dr. Colfer. You're invited back. Commissioner Henning was one, I'm two, to come back to us under the budget and -- CHAIRMAN COYLE: You need three. COMMISSIONER COLETTA: -- make a full presentation. We Page 182 June 28, 2011 need three. Come on. COMMISSIONER HENNING: No, I said this is where it belongs. COMMISSIONER COLETTA: There's another one. We got three. COMMISSIONER HENNING: That's where it belongs, on the budget. I didn't say to bring it back under the budget. COMMISSIONER COLETTA: And if we can get Commissioner Henning's buy in, I'll agree with him 100 percent, and so we're heading in the right direction. COMMISSIONER HENNING: It's none of our business to bring it on communication. CHAIRMAN COYLE: Just humor him and -- okay. We got it done. All right. DR. COLFER: Yes, sir. Thank you. CHAIRMAN COYLE: Commissioner Hiller, go ahead. COMMISSIONER HILLER: I just want to say that, you know, this really is the job of the county manager. The county manager should be -- you know, when he meets with the commissioners, if there's something that comes up, he's the one who's working and developing this agenda for us, and then, of course, subject to review by the chair, and you know, our additions. But this is really where you're instrumental in managing these kind of affairs and where topics should be discussed. So, I mean, if you could help out so that when you know a commissioner or staff member is going to bring something up under a category that isn't necessarily the best, you know, if you could please lend your expertise and manage the agenda so it works in everybody's interest. COMMISSIONER COLETTA: And I did communicate. MR. OCHS: I make all the suggestions I can to commissioners, , yes, ma am. Page 183 June 28, 2011 CHAIRMAN COYLE: Sometimes we don't listen to him. COMMISSIONER HILLER: How can you not listen to Leo? He's so nice. MR.OCHS: It's hard to believe, isn't it? COMMISSIONER COLETTA: And, once again, Leo, in all-- out of respect for him, I got to tell you, I did talk to him, and he had reservations about me bringing it up. But once -- COMMISSIONER HILLER: Well, Leo, thank you. Then you're doing your job. COMMISSIONER COLETTA: Right. He's doing a wonderful job. But, once again, it's my time. I get to bring up whatever I want to bring up, and you are the victims and have to listen to it. Now, you can buy into it, or you can reject it. But, once again, we got the basic facts out, and we're going to be looking very much forward to you coming back the next budget meeting. DR. COLFER: Yes, sir. CHAIRMAN COYLE: Yep. And there's a state law that says that you can do that. COMMISSIONER COLETTA: There is. DR. COLFER: Thank you, Commissioners. CHAIRMAN COYLE: But, wait a minute, I've got a question -- DR. COLFER: Yes, sir. CHAIRMAN COYLE: -- for you. It's sort of about this. I've had people ask me questions. They read about these cases where children, or even in some cases adults, are trapped in swimming pools either because the drains are not properly connected or for some other reason, and they're actually killed by the water pressure or they drown. Now, can you tell us, who does a person go to to find out if their pool is safe from that sort of thing happening? DR. COLFER: Well, your first -- there's millions of -- well, hundreds of pools in our county. The Health Department does inspect Page 184 June 28, 2011 all of our public pools. And we have gone through a process this year under the Virginia Graham Baker Act about, you know, replacing drain -- main drain grate covers so that the public pools are protected. But you're right, you need to be sure that your pool in your own backyard is safe. I would say your -- you know, your first effort would be whatever pool company you use, unless you, you know, manage your own pool. You can always call the Health Department. I have a couple people there that are experts. They are the ones that go and inspect the public pools. We'd be happy to talk to people about their main drain grate covers. CHAIRMAN COYLE: How about code enforcement people, do they take a look at these kinds of things? DR. COLFER: Nobody looks at the pool in your backyard. That's your own responsibility. CHAIRMAN COYLE: Really? DR. COLFER: Right, right. CHAIRMAN COYLE: That could be a very serious issue. DR. COLFER: Can be. But that's -- I mean, that's not what's drowning our kids in Collier County . We haven't had any of those. You're talking about the entrapment issues. CHAIRMAN COYLE: Yeah. DR. COLFER: That hasn't been the case in any of these particular -- particular drownings. CHAIRMAN COYLE: Okay. All right. Thank you. I appreciate the information. Commissioner Henning? COMMISSIONER HENNING: Thank you. I need to correct my ex parte communication. I did have communications under 16A 1. It was a plat for Vita Tuscana. I had communications from our staff. CHAIRMAN COYLE: All right. COMMISSIONER HENNING: And, you know, Leo, the more Page 185 June 28, 2011 and more I appreciate your assistance, you know, trying to keep commissioners straight and putting things on where they belong, but now I understand some are not listening to you. Okay. We want to be all to all. And I know -- I know we've got a hefty debt, and that is my concern. I want to whittle on that debt and not be Santa Claus. So with that, have a nice summer. I make a motion to adjourn. CHAIRMAN COYLE: We -- Commissioner Fiala wants to make one brief statement. COMMISSIONER FIALA: It was so kind of Commissioner Coyle to mention, so I'll just tell you real fast. As some of you know, my granddaughter was in a really nasty accident Sunday night, and they had to -- they had to ambulance her over to the other coast to the Joe DiMaggio Children's Trauma Center there where they have brain specialists, and we were -- we were pretty scared for her. But just to narrow it all down, just earlier -- just a couple hours ago a neurosurgeon told my daughter, who then called me, to say that the neurosurgeon said she's on the right side of things. They don't think they're going to need surgery after all, and so -- she'll still be in ICU for a while, but, you know, I just want to say, I'm just -- I feel that we're all so blessed, because she's alive, she's not paralyzed, and she's coming on the right side of things, and so we all feel a lot better, and thank you for your concern. MR.OCHS: That's great. You're welcome. CHAIRMAN COYLE: Commissioner Hiller, do you have anything else you want to say? COMMISSIONER HILLER: Happy July 4th. COMMISSIONER HENNING: Second to my motion to adjourn? CHAIRMAN COYLE: No, you can't say that. COMMISSIONER HILLER: I can't say that? Page 186 June 28, 2011 CHAIRMAN COYLE: You can't say that, no. COMMISSIONER HILLER: He is Dr. Negative. Boy. CHAIRMAN COYLE: Okay. There's a second to Commissioner Henning's motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: All in flavor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All right. It passes unanimously. Let's get out of here. ***** * * * * Commissioner Henning moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** (Commissioner Henning abstained voting on Item #16K3) Item #16Al RECORDING THE FINAL PLAT OF VITA TUSCANA, APPROVE THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVE THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A2 - Moved to Item #10H (Per Agenda Change Sheet) Item # 16A3 Page 187 June 28, 2011 RATIFY STAFF'S EXTENSION OF CONTRACT #06-3969 WITH STANLEY CONSULTANTS INC. AND APPROVE CHANGE ORDER #2 TO WORK ORDER #4500110440, TO REQUEST AN ADDITIONAL 30 DAYS TO PROCESS THE CONSULTANT'S FINAL INVOICE FOR WORK COMPLETED ON GA TEW A Y TRIANGLE STORMW A TER IMPROVEMENT PROJECT NO. 51803 - NO FUNDS WERE INVOLVED IN THIS REQUEST ONL Y ADDED TIME DUE TO UNFORSEEN CIRCUMSTANCES AND COMPLICATIONS Item #16A4 AMENDMENT TO AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHTOF- WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL NO. 256RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GA TE BOULEVARD FROM TWO LANES TO FOUR LANES BETWEEN WILSON BOULEVARD AND DESOTO BOULEVARD PROJECT #60040 (ESTIMATED FISCAL IMPACT: $0) - EXTENDING THE CLOSING DEADLINE TO JULY 29, 2011 DUE TO DELAYS IN OBTAINING THE MORTGAGE LIEN RELEASE ON PROPERTY IN GOLDEN GATE ESTATES UNIT 51~ TRACT 22 Item # 16A5 AFTER- THE-F ACT APPROVAL TO SUBMIT A TRANSPORTATION COMMUNITY AND SYSTEM PRESERVATION PROGRAM (TCSP) DISCRETIONARY GRANT APPLICATION TO THE US DEPARTMENT OF TRANSPORTATION FOR $17,000,000 - IF AWARDED IN FULL THIS WOULD REQUIRE AN ESTIMATED LOCAL Page 188 June 28, 2011 MATCH OF $5,000.000 AND WILL BE USED FOR DESIGN- BUILD CONSTRUCTION OF FIVE (5) NEW BRIDGES IN GOLDEN GATE ESTATES ON: 23RD ST. SW (1 BLOCK NORTH OF WHITE BLVD); 16TH ST NE (SOUTH OF 10TH AVE NE); 8TH ST NE (SOUTH OF 1 OTH AVE NE); 4 7TH AVE NE AND 62ND AVE NE (WEST OF 40TH ST NE) Item #16A6 AMENDMENT TO A NON-EMERGENCY TRANSPORTATION MEDICAID CONTRACT FOR THE STATE 2011/2012 FISCAL YEAR; AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $486,958 TO RECOGNIZE MEDICAID GRANT FUNDS; AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $137,270 TO FUND THE PARATRANSIT TRANSPORTATION DISADVANTAGED PROGRAM THROUGH THE REMAINDER OF FY 2011; AND, DIRECT STAFF TO WORK WITH THE LOCAL COORDINATING BOARD TO EVALUATE FUNDING AND SERVICE OPTIONS FOR PARATRANSIT THROUGH FY 2012 - RENEWING THE AGREEMENT THROUGH JUNE 30,2012 AND BRINGING THE TOTAL AMOUNT OF FUNDS AWARDED TO $1.753~009.00 Item #16A7 A GRANT APPLICATION IN THE FEDERAL TRANSIT ADMINISTRATION FINANCIAL AND GRANT MANAGEMENT SYSTEM (TEAM WEB) AND AUTHORIZE A BUDGET AMENDMENT OF $220,000 TO RECOGNIZE 2008-09 CONGESTION MANAGEMENT SYSTEM INTELLIGENT TRANSPORTATION STAKEHOLDERS GRANT FUNDS A WARDED TO COLLIER AREA TRANSIT (CAT) TO Page 189 June 28, 2011 PURCHASE A VEHICLE TO PROVIDE SERVICE ON AN EAST-WEST CORRIDOR ON THE FIXED ROUTE SYSTEM- FOR THE PURCHASE OF A 35' GILLIG FIXED-ROUTE BUS COSTING APPROXIMATELY $375,000 AND WITH THE REMAINING $155,000 BALANCE PAID FROM FYll FEDERAL TRANSIT ADMINISTRATION 5307 FORMULA GRANT MONEY THAT WILL SERVE RIDERS ON THE NEW ROUTES ON PINE RIDGE & GOLDEN GATE PARKWAY Item #16A8 RESOLUTION 2011-106: MEMORIALIZING A FYl1/12 TRANSPORTATION DISADVANTAGED TRUST FUND TRIP/EQUIPMENT GRANT AGREEMENT WITH FLORIDA COMMISSION FOR TRANSPORTATION DISADVANTAGED FOR $625,170 WITH A $69,450 LOCAL MATCH; AUTHORIZE CHAIRMAN TO SIGN THE AGREEMENT, THE RESOLUTION SUPPORTING THE AGREEMENT AND REQUIRED BUDGET AMENDMENTS. A PORTION OF FUNDS WILL BE USED TO COVER OPERATING EXPENSES OF THE TRANSPORTATION DISADVANTAGED PROGRAM Item #16A9 - Moved to Item #10K (Per Agenda Change Sheet) Item #16AI0 RATIFY STAFF'S EXTENSION OF CONTRACT #09-5229 "CONSULTANT SERVICES FOR COLLIER COUNTY SIGNAL RETIMING PROJECT" AND A TIME EXTENSION CHANGE ORDER TO WORK ORDER #4500113122 TO PROCESS THE CONSULTANT'S INVOICES FOR WORK COMPLETED- EXTENDING THE CONTRACT WITH V ANUS, INC. THAT Page 190 June 28, 2011 EXPIRED AUGUST 25,2010 TO MARCH 31,2011 TO MEET FDOT YELLOW AND RED CLEARANCE STANDARDS ON RETIMING SIGNALIZED INTERSECTIONS ON U.S. 41 AND CR 951 IN THE COUNTY AND CITY OF NAPLES Item #16All RESOLUTION 2011-107: AUTHORIZING THE CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION THAT WILL REIMBURSE THE COUNTY UP TO $550,963 TO INSTALL WIRELESS VEHICLE DETECTION EQUIPMENT REQUIRED FOR OPERATING A TRAFFIC CONTROL SYSTEM ON AIRPORT-PULLING ROAD FROM CLUB HOUSE DRIVE TO GOLDEN GATE PKWY - FOR EXPECTED COMPLETION BY DECEMBER 31. 2012 Item #16A12 AN IMP ACT FEE REIMBURSEMENT REQUESTED BY TWO LAKES DEVELOPMENT, LLC, TOTALING $869,132.69, FOR CANCELLATION OF A BUILDING PERMIT - FOR 2007 PERMIT NO. 20070526390 CANCELLED MARCH 9~ 2009 Item #16Bl - Moved to Item #13A (Per Agenda Change Sheet) Item #16B2 RECOMMENDATION THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZE A BUDGET AMENDMENT TO RECOGNIZE THE $100,000 REIMBURSEMENT FROM A SELLER'S ESCROW ACCOUNT REIMBURSING CRA FUND Page 191 June 28, 2011 187 FOR WORK REQUIRED ON AN ENVIRONMENTALLY CONTAMINATED SITE (4315 BA YSHORE DRIVE) - FOR COSTS TO REMOVE ABANDONED FUEL TANKS AND SOIL AND WATER MONITORING REQUIRED BY FLORIDA'S DEPARTMENT OF ENVIRONMENTAL PROTECTION Item #16B3 RECOMMENDATION THE COMMUNITY REDEVELOPMENT AGENCY (CRA) MODIFY AN EXISTING COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA AND A GRANT APPLICANT BY APPROVING A TIME EXTENSION AND INCREASING THE GRANT A WARD IN THE AMOUNT OF $20,000 (4097 BA YSHORE DRIVE, FISCAL IMPACT: $50,000) - EXTENDING THE COMPLETION DATE TO OCTOBER 25, 2012 TO ALLOW FOR ADDITIONAL MODIFICATIONS NEEDED TO MEET CODE REQUIREMENTS Item # 16B4 RECOMMENDATION THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE AND EXECUTE A LANDSCAPE IMPROVEMENTGRANTAGREEMENTBETWEENTHECRA AND A GRANT APPLICANT IN THE BA YSHORE GA TEW A Y TRIANGLE FOR PROPERTY AT 2705 STORTER AVENUE (FISCAL IMPACT: $550.00) Item #16Cl RESOLUTION 2011-108/CWS: 2011-01: APPROVING SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2011 Page 192 June 28, 2011 TAX YEAR - ACCOUNT #450508, #230605 AND #406808 (PROJECT NO. 51000) Item #16C2 RESOLUTION 2011-109: SATISFACTION OF LIEN FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHERE THE COUNTY HAS RECEIVED PAYMENT IN FULL SATISFACTION OF THE LIEN. (FISCAL IMPACT: $20.00 TO RECORD LIEN SATISFACTION)- ACCOUNT NO. 24361 (FOLIO #62151640001) Item #16C3 SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES (FISCAL IMPACT: $20.00 TO RECORD THE LIEN SATISFACTIONS) - FOR FOLIO NO. 61840400003 AND NO. 7726080008 Item # 16C4 SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS (FISCAL IMPACT: $38.50 TO RECORD LIEN SATISFACTIONS) - FOR FOLIO NO. 77262080008~ NO. 68345400006 AND NO. 00728160002 Item #16C5 SOLE SOURCE CONTRACT RENEWAL FOR $55,832 WITH GE INTELLIGENT PLATFORMS FOR UTILITY FACILITIES CONTROL SYSTEM SOFTWARE SUPPORT. THIS SOFTWARE IS USED IN ALL PUBLIC UTILITIES DIVISION TREATMENT Page 193 June 28, 2011 PLANTS AND DISTRIBUTION SYSTEMS TO CONTROL, MONITOR AND MANAGE CRITICAL PROCESSES. FUNDING IN PROJECTS NO. 72541 AND NO. 71056 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Dl- Moved to Item #101 (Per Agenda Change Sheet) Item # 16D2 SEVEN (7) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS IN COLLIER COUNTY. THIS APPROVAL TRANSFERS PREVIOUSLY APPROVED AGREEMENTS FROM HABITAT FOR HUMANITY TO OWNER OCCUPANTS WITH A CONTINUING FISCAL IMPACT OF $100,355.46 - FOR PROPERTY ON LOTS 9,12,14, 17,19 AND 20 IN REGAL ACRES & LOT 135 IN THE LIBERTY LANDING SUBDIVISION (ADDITIONAL FISCAL IMPACT: $0) Item # 16D3 RELEASE OF LIEN FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNIT THAT HAS BEEN REPAID IN FULL - A 2008 AGREEMENT IN THE AMOUNT OF $19,305.88 FOR PROPERTY LOCATED AT 303 CALLE AMISTAD STREET~ IMMOKALEE Item #16D4 AMENDMENT TO A 2009 COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY(CDBG-R) SUBRECIPIENT Page 194 June 28, 2011 AGREEMENT WITH THE CITY OF NAPLES IN THE AMOUNT OF $30,365 TO BE USED TOWARDS LANDSCAPING IMPROVEMENTS-EXTENDINGTHECONTRACTTO JANUARY 31,2012 TO INCORPORATE UPDATES IN THE PROJECT LOCATED AT 15 5TH AVENUE NORTH ON A VACANT UNDEVELOPED PARCEL IN ANTHONY PARK Item # 16D5 AMENDMENT TO A 2010-11 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT WITH THE CITY OF NAPLES FOR $120,434 TO INCORPORATE REVISIONS TO AN ORIGINAL SUBRECIPIENT AGREEMENT TO COMPLETE IMPROVEMENTS AT ANTHONY PARK - EXTENDING THE CONTRACT TO JANUARY 31, 2012 AND REVISING THE PROJECT TO FOCUS WORKING IN ONE (1) NEIGHBORHOOD PARK (VS.TWO ORIGINALLY), REDUCING NUMBER OF NEW PARKING SPACES FROM TEN TO TWO AND ADDING A TRAFFIC-TURN-AROUND Item #16D6 MEMORANDUM OF UNDERSTANDING BETWEEN THE RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP) AND ITS PARTICIPATING AGENCIES (VOLUNTEER STATIONS), ENDORSING A STANDARD FORM AGREEMENT AND AUTHORIZING THE HOUSING, HUMAN & VETERAN SERVICES DEPARTMENT DIRECTOR AS DESIGNATED SIGNATORY TO EXECUTE THE DOCUMENTS - UP TO 100 NON-PROFIT ORGANIZATIONS ARE EXPECTED TO PARTICIPATE IN THIS PROGRAM THAT PLACES SENIORS IN COUNTY AGENCIES FOR COMMUNITY SERVICE Page 195 June 28, 2011 Item #16D7 AFTER- THE-F ACT APPROVAL OF AMENDMENTS BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FL, INC., TO REFLECT ADDITIONAL GRANT FUNDS IN THE AMOUNT OF $60,000 FOR THE COMMUNITY CARE FOR THE ELDERLY PROGRAM AND $8,668 FOR THE ALZHEIMER'S DISEASE INITIATIVE PROGRAM FOR FY2010-11 - FUNDING ALLOWS AREA SENIORS TO REMAIN IN THEIR HOMES BY PROVIDING HOMEMAKER SERVICES, PERSONAL CARE, RESPITE, EMERGENCY ALERT RESPONSE, AND MEDICAL SUPPLIES Item #16D8 AMENDMENT #1 TO THREE (3) SUBRECIPIENT AGREEMENTS FOR STATE OF FLORIDA'S DEPARTMENT OF CHILDREN AND FAMILIES (DCF) 2011 CHALLENGE GRANT APPROVED BY THE BOARD MARCH 8, 2011 (ITEM #16D4). AMENDMENT #1 WILL ALLOW FOR A FULL DESCRIPTION OF THE DCF GRANT TERMS AND CONDITIONS - TO ENSURE FULL COMPLIANCE IS MET WITH TERMS AND CONDITIONS FOR GRANT AGREEMENTS WITH YOUTH HAVEN, INC., ST. MATTHEW'S HOUSE AND THE SHELTER FOR ABUSED WOMEN AND CHILDREN~ INC. Item #16D9 RESOLUTION 2011-110: AMENDED ADMINISTRATIVE PLAN FOR OPERATING THE NEIGHBORHOOD STABILIZATION Page 196 June 28, 2011 PROGRAM TO CONFORM WITH REVISED AND NEWLY ISSUED RULES, REGULATIONS, AND GUIDANCE FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RESUL TING FROM ENACTMENT OF THE WALL STREET REFORM AND CONSUMER PROTECTION ACT OF 2010 Item #16DI0 BUDGET AMENDMENTS FOR THE MUSEUM TOTALING $83,725.04 TO RECOGNIZE TOURIST DEVELOPMENT TAX REVENUE RECEIVED AS A RESULT OF A CLASS ACTION LA WSUIT BROUGHT AGAINST ONLINE TRAVEL AGENCIES FOR $62,441.04, OTHER MISCELLANEOUS REVENUES FOR $21,284 AND APPROPRIATE FUNDS FOR MUSEUM CAPITAL IMPROVEMENTS - TO COMPLETE CONSTRUCTION AND INSTALLATION OF A NAPLES AIR FIELD/PROVINCETOWN BOSTON AIRLINE EXHIBIT AT NAPLES DEPOT MUSEUM AND CONTINUE LED LIGHTING ENERGY UPGRADES AT THE MAIN MUSEUM, THE MUSEUM OF THE EVERGLADES AND THE NAPLES DEPOT Item #16Dll EXTENSION OF U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) ENTITLEMENT FY 2010-2011 GRANT PERIODS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME) AND THE EMERGENCY SHELTER GRANT (ESG) 90 DAYS, CHANGING THE FYI0-ll FISCAL PERIOD FROM JULY 1,2010 - JUNE 30, 2011 TO THE PERIOD JULY 1, 2010 THROUGH SEPTEMBER 30, 2011, AUTHORIZE CONTINUED PAYMENT OF GRANT EXPENDITURES AND TO CHANGE Page 197 June 28, 2011 FUTURE FISCAL PERIODS OF GRANTS BY HAVING THEM BEGIN ON OCTOBER 1ST AND END ON SEPTEMBER 30TH_ TO ALIGN THE FISCAL PERIOD OF THE GRANTS WITH COLLIER COUNTY'S & HUD'S FISCAL YEAR, AID IN THE BUDGET PROCESS AND TO ASSIST IN THE SINGLE AUDIT Item #16El AMENDMENT NO.6 TO THE AGREEMENT WITH COLLIER COUNTY'S DISTRICT SCHOOL BOARD FOR THE DRIVER EDUCATION PROGRAM PROVIDING $196,200 IN FUNDS- USED TO PROVIDE A SUMMER DRIVER EDUCATION PROGRAM FOR PUBLIC AND PRIVATE COUNTY STUDENTS, SUPPLIES, EQUIPMENT & FUEL FOR YEAR ROUND DRIVER EDUCATION PROGRAMS AND PARA-PROFESSIONALS Item #16E2 RESOLUTION 2011-111: APPROVING A LEASE AGREEMENT WITH U.S. SENATOR MARCO RUBIO FOR COUNTY-OWNED OFFICE SPACE DURING HIS INITIAL TERM AND ANNUAL REVENUE OF $4,200 - FOR APPROXIMATELY 450 SQUARE FEET OF RENOVATED SPACE IN SUITE 106 IN THE ADMINISTRATION BLDG. ON THE MAIN GOVERNMENT CAMPUS AND EXPIRING JANUARY 1. 2017 Item # 16E3 - Moved to Item # 1 OJ (Per Agenda Change Sheet) Item #16E4 - Moved to Item #10L (Per Agenda Change Sheet) Item #16E5 Page 198 June 28, 2011 MODIFICATION TO THE BUDGET OF THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDING, AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO REALLOCATE THE FUNDING WITHIN THE BOARD APPROVED BUDGET AS NECESSARY, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. REALLOCATES BUDGETED FUNDS FROM A TRAFFIC SIGNALIZATION ACTIVITY AND ADMINISTRATIVE COSTS TO COMPLETE LIGHTING RETROFITS IN SEVERAL COUNTY BUILDINGS - CHANGES PROJECT ACTIVITIES BUT NOT THE AMOUNT OF THE GRANT ALLOCATION Item #16E6 THE PEPPER RANCH PRESERVE FINAL MANAGEMENT PLAN UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AND DIRECTING THE COUNTY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PLAN - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E7 - Moved to Item #10G (Per Agenda Change Sheet) Item # 16E8 THE FINAL MANAGEMENT PLAN FOR THE SHELL ISLAND PRESERVE UNDER CONSERVATION COLLIER'S LAND ACQUISITION PROGRAM AND DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE TO IMPLEMENT THE PLAN - ACCESSIBLE FROM SHELL ISLAND ROAD IN COLLIER COUNTY'S URBAN BOUNDARY, WEST OF STATE ROAD (SR) 951 AND SURROUNDED BY ROOKERY BAY NATIONAL Page 199 June 28, 2011 ESTUARINE RESEARCH RESERVE Item #16E9 RIGHT-OF-WAY CONSENT AGREEMENT & MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT FROM FLORIDA POWER & LIGHT COMPANY FOR ACCESS ON, OVER AND ACROSS A PORTION OF CALUSA BAY SOUTH PROPERTY LOCATED OFF GOODLETTE FRANK ROAD - TO UPGRADE IQ WATER INFRASTRUCTURE, IMPROVE BREAKDOWN RESPONSE AND CONTROL CAPABILITIES AND TO INCREASE COMMUNICATION (PROJECT #70062) Item #16EI0 CORRECTION OF A SCRIVENER'S ERROR IN THE BID TABULATION FOR ITB NO. 10-5573, "TRAFFIC SIGN MATERIALS AND RELATED ITEMS" - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Fl TWO (2) CONTRACTUAL SERVICE AGREEMENTS BETWEEN COLLIER COUNTY AND THE EAST NAPLES AND GOLDEN GATE FIRE & RESCUE DISTRICTS FOR FIRE PROTECTION AND RESCUE SERVICES IN COLLIER COUNTY'S FIRE CONTROL DISTRICT AT A BUDGETED COST OF $175,200- TO PROTECT RESIDENTS IN UNINCORPORATED AREAS OF THE COUNTY OUTSIDE EXISTING DISTRICT BOUNDARIES FROM OCTOBER 1,2010 THROUGH SEPTEMBER 30,2012 WITH PAYMENTS DUE ON JANUARY 1,2011 AND APRIL 1, 2011 Page 200 June 28, 2011 Item #16F2 MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT ENDORSING PLACEMENT AND USE OF A RESOURCE LOGISTICS SUPPORT TRAILER FOR SHARED USE IN THE COUNTY AND USED FOR OTHER EMERGENCY SITUATIONS IN THE REGION - FOR USE OF A 53-FOOT TRAILER OWNED BY FLORIDA'S DIVISION OF EMERGENCY MANAGEMENT TO ASSIST WITH DELIVERY OF SUPPLIES AND EQUIPMENT & HELP COORDINATE RELIEF EFFORTS DURING ANY DISASTERS IN A THIRTEEN COUNTY REGION Item #16F3 AN AGREEMENT ACCEPTING THE ANNUAL EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT, IN THE AMOUNT OF $91,805 TO UPDATE THE STRATEGIC HOUSING PLAN AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT - GRANT AGREEMENT #12-FG-09- 21-01-078 AND REQUIRING A DOLLAR FOR DOLLAR LOCAL GOVERNMENT MATCH AUTHORIZED AND TAKEN FROM OUR ANNUAL EMP A GRANT Item #16F4 BID #11-5704 FOR THE AMOUNT $685,605 FOR PELICAN BAY COMMUNITY CROSSWALKS TO BATEMAN CONTRACTING, LLP AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $116,400; PAID USING MSTBU DISTRICT PROPERTY OWNER'S ASSESSMENT REVENUE - FOR THE Page 201 June 28, 2011 INSTALLATION OF 14 CROSSWALKS, (6) SIX WILL BE DONE THIS FISCAL YEAR AND REMAINING COMPLETED WHEN FUNDS ARE AVAILABLE; THE PELICAN BAY FOUNDATION HAS ALSO AGREED TO CONTRIBUTE TOWARDS COSTS OF THREE (3) THE CROSSWALKS SERVICING FOUNDATION FACILITIES Item #16F5 REPORT TO THE BOARD OF COUNTY COMMISSIONERS COVERING BUDGET AMENDMENTS IMPACTING RESERVES IN AN AMOUNT TOTALING $25,000 OR LESS - BA #11-308, FOR UPGRADING TWO-WAY RADIOS USED BY PERSONNEL COMMUNICATING SAFETY~ EMERGENCIES AND DISASTER Item #16F6 RESOLUTION 2011-112: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FYI0-ll ADOPTED BUDGET Item #16Gl THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY, APPROVE AND AUTHORIZE THE AUTHORITY'S EXECUTIVE DIRECTOR TO EXECUTE TIE-DOWN STANDARD AGREEMENTS FOR EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND EXECUTIVE AIRPORT - A COMMON INDUSTRY PRACTICE THAT WILL ENSURE CONSISTENT TREATMENT OF TENANTS AND A CONTINUOUS REVENUE STREAM BY Page 202 June 28, 2011 MAINTAINING MAXIMUM TENANT OCCUPANCY Item #16G2 A CONCESSIONAIRE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY & MARCO AVIATION INC., FOR SPECIALIZED AVIATION SERVICES AT THE MARCO ISLAND EXECUTIVE AIRPORT - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Hl PROCLAMATION DESIGNATING JULY 25,2011 EDGERRIN JAMES FOUNDATION FOOTBALL DAY IN IMMOKALEE - ADOPTED Item # 16H2 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE -ATTENDED THE EDC'S 2011 POST-LEGISLATIVE DELEGATION LUNCHEON AT THE GRILL ROOM, MOORINGS PARK, NAPLES, FL ON MAY 25, 2011. $15 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - LOCATED AT 120 MOORINGS PARK DRIVE NAPLES~ FLORIDA Item #16H3 COMMISSIONER HENNING'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED THE COLLIER Page 203 June 28, 2011 BUILDING INDUSTRY ASSOCIATION'S MEMBERSHIP MEETING ON JUNE 16,2011 AT OLDE CYPRESS ON IMMOKALEE ROAD, NAPLES, FL. $16 TO BE PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET - LOCATED ON TREELINE DRIVE~ 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 204 BOARD OF COUNTY COMMISSIONERS ADVISORY BOARD MINUTES June 28, 2011 I. ADVISORY BOARD MINUTES TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: I) Airport Authority: Minutes of 4/11111 2) Animal Services Advisory Board: Minutes of 3/15/20 II; 4/19/11 3) Collier County Citizens Corps: Agenda of2/16/11 Minutes of 2/16/11 4) Collier County Coastal Advisory Committee: Minutes of 3/10/11; 4/14/11 5) Collier County Code Enforcement Board: Minutes of 3/24/11 (special session); 3/24/11 (regular session) 6) Collier County Planning Commission: Agenda of 3/1 7/20 II Minutes of 3/17/20 II 7) Collier County Special Magistrate: Agenda of 4/1/11 Minutes of 4/1/11 8) Contractors Licensing Board: Minutes of 4/20/11 9) Development Services Advisory Committee: Minutes of 4/6/11 10) Environmental Advisory Council: Minutes of 3/2/11; 4/13/11 II) Golden Gate Beautification Advisory Committee: Agenda of 4/12/11 Minutes of 4/12/11 12) Golden Gate Estates Land Trust Committee: Agenda of 3/28/11 Minutes of 3/28/11 14) Hispanic Affairs Advisory Board: Minutes of 10/28/10; 11118/10; 1/27/11; 2/24/11 15) Immokalee Enterprise Zone Development Agency: Agenda of 4/20/11 Minutes of 3/16/11 16) Immokalee Local Redevelopment Advisory Board: Agenda of 4120/11 Minutes of 3/16/11 17) Land Acquisition Advisory Committee: Minutes of3/14/11 18) Lely Golf Estates Beautification Advisory Committee: Agendaof3/17/11; 4/21111 Minutes of2/17/11; 3/17/11 19) Library Advisory Board: Minutes of2/16/11; 3/16/11 20) Ochopee Fire Control District Advisory Committee: Minutes of3/14/ll; 4/11111 21 ) Parks and Recreation Advisory Board: Minutes of 3/16/11 22) Pelican Bay Services Division Board: Agenda of2/161l1 (Special workshop to discuss Clam Bay markers); 2/22/11 (Special workshop to discuss Clam Bay markers); 3/2/11; 3/ 18/11 (budget committee); 4/6/ II; 4/111 11 (budget committee); 4/12/11 (Clam Bay workshop) Minutes of 2/16/11 (Special workshop to discuss Clam Bay markers); 2/22/11 (Special workshop to discuss Clam Bay markers); 3/2/11; 3/18/11 (budget committee); 3/18/11 (MTSU budget subcommittee); 4/6/11; 4/11111 (budget committee); 4/12/11 (Clam Bay workshop) 23) Radio Road Beautification Advisory Committee: Agenda of 4/19/11; 5/17/11 Minutes of 3/15/11; 4/19111 24) Radio Road East of Santa Barbara Blvd to Davis Blvd Advisory Committee: Agenda of 4/6/11; 5/4/11 Minutes of 4/6/11 June 28, 2011 Item #16Jl DISBURSEMENTS FOR THE PERIOD OF MAY 28, 2011 THROUGH JUNE 3, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF JUNE 4, 2011 THROUGH JUNE 10, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J3 DESIGNATING THE SHERIFF OFFICIAL APPLICANT AND POINT OF CONTACT FOR U.S. DEPARTMENT OF JUSTICE, EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FYll LOCAL GRANT, AUTHORIZING ELECTRONIC SUBMISSION OF THE APPLICATION, ACCEPTING THE GRANT FOR $91,097 WHEN AWARDED, APPROVING BUDGET AMENDMENTS AND APPROVING THE SHERIFF'S OFFICE RECEIVER AND EXPENDER OF FUNDS - USED FOR THE JUVENILES AT RISK COMPREHENSIVE ACTION PROGRAM AND WILL SUPPORT COSTS FOR EMPLOYING A LICENSED MENTAL HEALTH COUNSELOR AND A PORTION OF A JUVENILE AT RISK DEPUTY'S SALARY & BENEFITS Item #16J4 BCC TO SERVE AS LOCAL GOVERNMENT COORDINATING UNIT FOR FL DEPARTMENT OF LAW ENFORCEMENT'S FEDERAL FYll EDWARD BYRNE MEMORIAL JUSTICE Page 205 June 28, 2011 ASSISTANCE GRANT (JAG) COUNTYWIDE PROGRAM, AUTHORIZE CHAIRMAN TO EXECUTE THE CERTIFICATION OF PARTICIPATION, DESIGNATE THE SHERIFF OFFICIAL APPLICANT AND THE SHERIFF'S OFFICE STAFF GRANT FINANCIAL AND PROGRAM MANAGERS, APPROVE THE GRANT APPLICATION FOR $138,940 WHEN COMPLETE AND AUTHORIZE ACCEPTING THE A WARD AND ASSOCIATED BUDGET AMENDMENTS - CONTINUING THE CHILD ABUSE/SEXUAL OFFENDER/SEXUAL PREDATOR PROGRAM BY SUPPORTING THE (MAJORITY) SALARY AND BENEFITS FOR A DETECTIVE/INVESTIGATOR AND FOR A COMPUTER FORENSIC ANALYST Item #16J5 THAT THE BOARD CONCUR WITH THE CLERK'S INTENT TO ISSUE A REQUEST FOR PROPOSAL FOR IMPLEMENTATION OF AN ACCOUNTS PAY ABLE IMPROVEMENT SOLUTION FOR SAP AND AUTHORIZE USE OF EXISTING FUNDS IN FY2011 AND TENTATIVELY BUDGETED FY2012 - TO STREAMLINE THE PROCESS AND IS ESTIMATED TO NOT EXCEED $300,000 W/RECURRING ANNUAL MAINTENANCE EXPENSES OF BETWEEN $30~000 AND $45~000 Item #16J6 THE SECOND YEAR OF CONTRACT #09-5270, "AUDITING SERVICES FOR COLLIER COUNTY", WITH ERNST AND YOUNG LLP, TO PROVIDE FOR THE FISCAL YEAR 2011 EXTERNAL AUDIT AND AUTHORIZE THE CORRESPONDING PAYMENT OF $592,250 FOR SERVICES -AS DETAILED IN THE EXECUTIVE SUMMARY Page 206 June 28, 2011 Item #16Kl AN AGREED ORDER A WARDING EXPERT FEES AND COSTS IN THE AMOUNT OF $73,268.63 FOR THE ACQUISITION OF PARCEL 111 IN THE LAWSUIT STYLED COLLIER COUNTY V. NB HOLDINGS CORPORATION, ET AL., CASE NO. 06-0658-CA, SANTA BARBARA BOULEVARD, PROJECT NO. 62081. (FISCAL IMPACT: $73~268.63) Item #16K2 MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT TO BE DRAFTED AND TO INCORPORATE THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT $80,400 FOR ACQUISITION OF PARCEL 838A AND 838B AND FOR ALL COUNTER-CLAIMS OF RESPONDENT IN THE LAWSUIT STYLED COLLIER COUNTY V. NANCY L. JOHNSON PERRY, ET AL., CASE NO. 03-2373-CA. GOLDEN GATE PARKWAY PROJECT #60027. (FISCAL IMPACT: $16~400) Item #16K3 A SETTLEMENT AGREEMENT AMONG ALL PARTIES IN THE CASE STYLED BURGESON V. COLLIER COUNTY, ET AL., CASE NO. 2:09-CV-220-FTM-99-DNF, NOW PENDING IN THE US DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA~ FORT MYERS DIVISION Item #16K4 Page 207 June 28, 2011 COUNTY ATTORNEY TO FILE A LAWSUIT, INCLUDING INJUNCTIVE RELIEF, ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AGAINST FLAMINGO BEND NURSERY, INC., REGARDING CODE ENFORCEMENT VIOLATIONS FOR ILLEGAL DUMPING AND FOR DIGGING FOR IRRIGATION WITHOUT FIRST OBTAINING COUNTY PERMITS AND FOR ILLEGAL DUMPING UPON A SEP ARA TE PARCEL OF PROPERTY - AS DETAILED IN THE EXECUTIVE SUMMARY Item #17A RESOLUTION 2011-113: SV-PL2010-1995, W ALMART, A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE CONCERNING THE NUMBER OF PERMISSIBLE WALL SIGNS AND GRANTING A VARIANCE FROM SECTION 5.06.04.F.4.A CONCERNING THE MAXIMUM SIGN DISPLAY AREA, WHICH SIGNS ARE LOCATED AT 9885 COLLIER BOULEVARD IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST~ COLLIER COUNTY~ FLORIDA Item #17B ORDINANCE 2011-23: PUDZ-PL2009-2496, EMMANUEL EVANGELICAL LUTHERAN CHURCH, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, COLLIER COUNTY'S LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING Page 208 June 28, 2011 ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC. CFPUD, TO ALLOW 90,000 SQUARE FEET OF USES TO INCLUDE WORSHIP/CHURCH AND RELATED SOCIAL SERVICES, A 300 PERSON CHILD AND ADUL T DAY CARE FACILITY, JOB TRAINING AND VOCATIONAL REHABILITATION, A 450 PERSON PRIVATE SCHOOL; OR, IN THE AL TERNA TIVE, DEVELOPMENT OF SINGLE F AMIL Y RESIDENTIAL DWELLING UNITS, LOCATED ON THE SOUTH SIDE OF OIL WELL ROAD, IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.72+/- ACRES SUBJECT TO CONDITIONS; AND BY PROVIDING AN EFFECTIVE DATE Item #17C RESOLUTION 2011-114: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2010-11 ADOPTED BUDGET Page 209 June 28, 2011 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:44 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL '1uJ-W. ~ FRED COYLE, CRAI AN ~TrE~Ta;~~'.""'" rJW:J:ctJiT'~:~.~~~9CK, CLERK ~ "':' ':) '.~,:::'-: ~ .. - . \c., , 'i.' { .... ..' .,," tst II'tj ~a-f....ari 11vnaturt ~';t. 4 . These minutes app~ed by the Board on ~ ~ Q ~ J as presented A or as corrected ." ~Ol \ TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 210