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BCC Minutes 09/27/2011 R MINUTES BCC Regular Meeting September 27, 2011 September 27, 2011 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida September 27, 2011 LET IT BE REMEMBERED, that the Collier County Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta ALSO PRESENT: Donna Fiala Tom Henning Georgia Hiller Leo E. Ochs, Jr., County Manager Jeffrey Klatzkow, County Attorney Ian Mitchell, Executive Manager to BCC Mike Sheffield, Operations — CMO Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 September 27, 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 -249 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY Page 1 September 27, 2011 COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112 -5356, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Sammy Mosquera - United Penecostal Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Page 2 September 27, 2011 B. September 8, 2011 - BCC /Budget Hearing Minutes 3. SERVICE AWARDS A. EMPLOYEE 1) 20 Year Attendees a) Carl Gibson, Pollution Control 2) 25 Year Attendees a) Jacinto Cervantes, Parks and Recreation 4. PROCLAMATIONS A. Proclamation congratulating Marco Beach Ocean Resort for its continued contributions and efforts in recycling and its "Going Green" mission. To be accepted by Dan Rodriguez, Director, staff from Solid Waste Mgt. & Jeffrey Bullock, Hotel Manager and Branka Guberina, Operations Manager of Marco Beach Ocean Resort. (Sponsored by Commissioner Fiala) 5. PRESENTATIONS A. Recommendation to recognize Yaneisy Camps, Administrative Captain, Emergency Medical Services, as the Employee of the Month for August 2011. 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 pm unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the June 14, 2011 BCC meeting. This item requires that ex parte disclosure be provided by Commission Page 3 September 27, 2011 members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ- 2007 -AR- 12292: Cope Reserve RPUD -- An ordinance amending Ordinance Number 2004 -41, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps; by changing the zoning classification of the herein described real property from the Estates (E) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Cope Reserve RPUD. The project proposes a total of 43 single - family detached dwelling units in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 14.3± acres; and by providing an effective date. B. A Resolution approving, with conditions, Petition CSLV PL20100001812: requesting a Variance from the Coastal Construction Setback Line (CCSL) and Preserve to allow for the construction of a new restroom and concession facility seaward of the Coastal Construction Setback Line (CCSL) to replace the existing restroom structure, all of which are located on or near the existing Vanderbilt Beach restroom with a street address of 100 Vanderbilt Beach Road, located in Section 32, Township 48 South, Range 25 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Request for reconsideration of Item #16A17 from the September 13, 2011 BCC Meeting, titled "Recommendation for Board approval of Hole Montes, Inc., as the design professional short-list for REP # 11 -5724 and to enter into negotiations between Collier County and Hole Montes Inc. for "Construction Engineer, Landscape Inspection and Site Restoration Services for Vanderbilt Beach MSTU:FPL Underground Conversion Project - Phase 1, 2, 3" pursuant to RFP # 11 -5724. (Commissioner Hiller) B. Appointment of members to the Collier County Planning Commission. C. To direct the County Attorney to obtain all financial records from the Collier County Economic Development Council. (Commissioner Tom Henning) Page 4 September 27, 2011 10. COUNTY MANAGER'S REPORT A. Recommendation to complete the Annual Performance Appraisal for the County Manager. (Leo E. Ochs, Jr., County Manager) B. This item continued from the September 13, 2011 BCC Meeting. Recommendation to review and approve the Parks and Recreation Master Plan prepared by Tindale - Oliver and Associates, Inc. with the addition of citizen input meetings held April 6 and 7, 2011. (Marla Ramsey, Public Services Administrator) C. Recommendation to approve the Local Coordinating Board (LCB) recommendation for the provision of paratransit service in fiscal year 2012, including completing a required Title VI Fare Equity Analysis to evaluate impacts of a potential fare increase to the riders and budget for the Collier Area Paratransit system; and to approve a budget amendment in the amount of $25,000 to fund this analysis. (Michelle Arnold, Director, Alternative Transportation Modes, Growth Management Division) D. Recommendation to approve and ratify staff's unauthorized Zero Dollar Time Extension Change Order for Professional Engineering Services with Atkins North America, Inc. (previously known as PBS &J) to Work Order No. 4500100227 in order to process final invoice for work completed for "Clam Pass/Bay Estuary," ratify staff's unauthorized action of request for services, and then make a finding of quantum meruit based on the value of the benefit received. (Gary McAlpin, Coastal Zone Management, Public Services) E. Recommendation that the County Manager or his designee be directed to (1) develop an amendment to Ordinance Number 98 -37; (2) revise the Irrigation Quality Water Policy; (3) develop a standardized Agreement for Delivery and Reuse of Reclaimed Water (Major User Agreement) for customers that use or request an allotment amount equal to or greater than 100,000 gallons per day of reclaimed water; and, (4) develop a standardized Customer Agreement for Delivery and Reuse of Reclaimed Water (Customer Agreement) for customers that use less than 100,000 gallons per day of reclaimed water, all for future Board of County Commissioners' consideration at a public hearing. (George Yilmaz, Public Utilities Page 5 September 27, 2011 Administrator) F. Recommendation to approve the Category "A" Tourist Development Fund 183 Grant Applications for Beach Park Facilities for FY 2011/12 in the amount of $1,025,000, make a finding that the expenditure will promote tourism, and authorize the Chairman to sign necessary agreements following County Attorney approval. (Gary McAlpin, Coastal Zone Management, Public Services) G. Recommendation that the Board of County Commissioners approve a Short Sale Policy and Procedure for the State Housing Initiatives Partnership (SHIP) program. (Kim Grant, Interim Director, Housing, Human and Veteran Services) H. Recommendation to award a construction contract to Oldcastle Southern Group, Inc. d /b /a APAC Southeast, Inc. for Bid No. 11 -5757 - Oil Well Road Safety Improvements (from 1/4 mile west of the Faka -Union Canal to 1/2 mile west of Oil Well Grade Road) Project No. 60016, in the amount of $1,698,855.46. (Norman Feder, Administrator, Growth Management) I. To provide to the Board of County Commissioners information regarding the requirement to obtain a building permit when replacing a water heater, as specified within the 2007 Florida Building Code and Collier County Ordinance 2009 -59, as directed, in follow -up to the September 13, 2011 Public Petition Item #6A. (James C. French, Director, Operations and Regulatory Management Department, Growth Management Division) J. Recommendation to approve the purchase of Liability, Automobile, Workers' Compensation, Flood, Aircraft, Airport and other insurance and related services for FY 2012 in the annual amount of $1,443,951, a reduction of $147,390. (Jeff Walker, Risk Management Director) K. Recommendation to obtain direction from the Board of County Commissioners on how to proceed with an Easement Agreement for use between Collier County and Beachfront Property Owners requiring the Property Owners to provide public beach access in exchange for publically funded major beach renourishment, vegetation planting and dune restoration to the subject property. (Gary McAlpin, Coastal Zone Management, Public Page 6 September 27, 2011 Service Division) L. Recommendation to approve the Ribbon Cutting Ceremony for the new Transit Route between Collier County and Lee County to be known as the "LinC" and to authorize the Chairman to sign all applicable agreements associated with use of private property for the event scheduled for October 6, 2011. (Michelle Arnold, Director, Alternative Transportation Modes, Growth Management Division) 11. COUNTY ATTORNEY'S REPORT A. The Annual Performance Appraisal for the County Attorney. 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. The Annual Performance Appraisal for the Airport Authority Executive Director. 14. PUBLIC COMMENTS ON GENERAL TOPICS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------ - - - - -- A. GROWTH MANAGEMENT DIVISION 1) 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. This is a recommendation to approve for recording the final plat of Reflection Page 7 September 27, 2011 Lakes at Naples — Phase 3D. 2) 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. This is a recommendation to approve for recording the final plat of Veronawalk Phase 4C, Benelli and Karina Court Replat, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3) 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. This is a recommendation to approve for recording the final plat of Ave Maria Unit 11, Del Webb at Ave Maria Parcels 106 & 112, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) Recommendation to approve Invitation to Bid (ITB) #11- 5629RR "Background Check Services" to Global HR Research and Azura Investigations, and terminate the interim contract with Global HR Research (approximate annual cost: $60,000). 5) Recommendation to waive competition and approve Agreement #10- 5553, Software License Agreement and PremierPro Support and Maintenance Agreement with Selectron Technologies, Inc. for the Interactive Voice Response System. 6) Recommendation to approve and authorize the Chairman to sign a Release of Lien for the Brittany Bay Apartments, Phase I, due to the impact fees being paid in full in accordance with the Agreement for Deferral of 100% of Collier County Impact Fees for Multi- Family Affordable Housing, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances. 7) Recommendation to award a Construction Contract to Better Roads, Inc. for Bid No. 11 -5759 - Old U.S. 41 Intersection Improvements at Page 8 September 27, 2011 Rail Head Road, Project No. 60016, in the amount of $179,424.3 5 8) Recommendation to award Invitation to Bid (ITB) #11-5760 "Traffic Signs and Related Materials" to various vendors in the estimated annual amount of $75,000. 9) Recommendation to approve Change Order #I to ITran Partners, Inc., Contract No. 11 -5602, in the amount of $65,254 and extend the contract completion date by 60 days. 10) Recommendation to approve Request for Reimbursement as an exception to the County Manager Agency Organization Code ( "CMA ") #5346, Reimbursement of Relocation Expenses in the amount of $8,666.67, for Anthony Khawaja, Engineer of Traffic Operations for the Growth Management Division. 11) Recommendation to adopt a resolution amending Resolution No. 2011 -71, which authorized the condemnation of easements necessary for the construction of a replacement bridge on White Boulevard and a new bridge on 23rd Street SW, both over the Golden Gate Main Canal, together with the realignment of the intersection of White Boulevard and 23rd Street SW. The amending resolution will correct a scrivener's error in the location of the tract corners as depicted in the legal descriptions and sketches. (Transportation Bridge Repair and Replacement Program Project No. 66066.) 12) 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. This is a recommendation to approve for recording the final plat of Reflection Lakes at Naples - Phase 2A, 213, 3E and 3I. 13) This item continued from the September 13, 2011 BCC Meeting. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Caldecott with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. Page 9 September 27, 2011 14) Recommendation to authorize a $402,000 budget amendment to add gas tax funding in Project #60116, US 41 /CR 951 intersection capacity improvements to address the resurfacing, restoration and rehabilitation improvements which cannot be funded with impact fees. 15) Recommendation to direct the County Manager or his designee to amend the Collier County Land Development Code (LDC) and Right - of -Way Ordinance in regards to storage containers, Planned Unit Development (PUD) Annual Monitoring Reports, specific standards for the location of accessory buildings and structure provisions to include Personal Storage Containers (PODS), number of dogs allowed in residential districts, and exceptions to a Right -of -Way (ROW) permit meeting specific criteria. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Community Redevelopment Agency (CRA) approves and executes an amendment to the employment agreement between the CRA and David L. Jackson, the Bayshore Gateway Triangle CRA Executive Director, extending the term of employment four years and modifying severance terms, and authorize the CRA Chairman to sign. 2) Recommendation for the Community Redevelopment Agency (CRA) to approve the Bayshore Gateway Triangle CRA's membership and participation in the Southwest Florida Regional Planning Council's Brownfield Coalition, authorize the CRA Chairman to sign a Letter of Intent, and declare participation in the coalition as serving a public purpose. (Fiscal Impact: None) 3) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Sweat Equity Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (3179 Francis Avenue - fiscal impact $965.28) 4) Recommendation that the Community Redevelopment Agency (CRA) approve one member of the CRA staff attend the Florida Division of Emergency Management's Workshop on Cost Benefit Analysis: Entry Page 10 September 27, 2011 Level Training; authorize payment of attendee's lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose. 5) Request for authorization to advertise and bring back for future consideration an ordinance amending Ordinance No. 2002 -52, which established the Immokalee Beautification Advisory Committee, allowing the Immokalee Community Redevelopment Agency, through its Executive Director, to assume administrative and management duties of the Immokalee Beautification Municipal Service Taxing Unit such as employing staff to assist the Committee. 6) Recommendation for the Collier County CRA Board to approve a CRA Resolution to amend the Fiscal Year 2011 -2012 Bayshore Gateway Triangle CRA Commercial Building and Impact Fee Assistance Grant programs and approve the amended form of the CRA Grant Agreements. 7) Recommendation that the Community Redevelopment Agency (CRA) approve an amendment to the Bayshore Gateway Triangle Event Policy and Procedures Manual that governs CRA sponsored or coordinated event activites. (Fiscal Impact: None) (Companion to Item # 16B8) 8) Request for authorization to advertise and bring back for future consideration an ordinance amending Ordinance No 2002 -38, as amended, "The Collier County Redevelopment Grant Program Ordinance" to create a new CRA Community Event Grant program for the Bayshore Gateway Triangle CRA. (Companion to Item # 16137) C. PUBLIC UTILITIES DIVISION 1) 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. Page 11 September 27, 2011 Fiscal impact is $28.50 to record the Satisfaction of Lien. 2) Recommendation to approve Exhibit A -1 Contract Amendment 43 of the Master Agreement for Demand Side Management and Energy Efficiency Services Agreement with Florida Power & Light Company to change the scope of an energy conservation option and decrease the contract amount by $148,820.02. 3) Recommendation to approve a Work Order in the amount of $247,077.50 to Mitchell & Stark Construction Co., Inc., for Clearwell and Concentrate Pump Station Rehabilitation under Contract #08- 5011 - Fixed -Term Underground Utilities Contract, Project #71002. 4) Recommendation to direct the County Manager or his designee to develop an amendment to Ordinance Number 2001 -73, as amended, the Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to provide clarification and revise administrative procedures. 5) Recommendation to approve the annual rate resolution to establish the fees, rates, and charges for the use of Collier County Solid Waste Facilities, including landfill tipping fees, recycling center fees, and residential multi - family and commercial waste collection fees for FY12. This resolution adopts the rates that fund the FY12 budget for solid waste collection and disposal. D. PUBLIC SERVICES DIVISION 1) Recommendation to accept and authorize the Chairman to sign the FY 2011 -2012 State Aid to Libraries Grant Agreement, Long Range Plan, Technology Plan, and Current Year Action Plan, permitting the Collier County Public Library to apply for State Aid to Libraries. Fiscal Impact ($187,400). 2) Recommendation to reject solicitation (ITB) # 11 -5622, and the associated proposal for the Boat Trailer Parking Lot Addition and Boat Ramp Replacement at Port of the Islands. Page 12 September 27, 2011 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 units that have been repaid in full. 4) Recommendation to approve and authorize Chairman to sign a Sovereignty Submerged Lands Easement Renewal between the Internal Improvement Trust Fund of the State of Florida and Collier County granting a nonexclusive easement on, under and across the sovereignty lands. 5) Recommendation to approve and authorize the Chairman to sign agreements with the Agency for Health Care Administration (AHCA) and Physicians Regional Medical Center (PRMC) to participate in alternative intergovermental transfer (IGT) programs. The total financial commitment is $2.2M which is currently budgeted. 6) Recommendation to approve and authorize the Chairman to sign an agreement in the amount of $237,523 with the Agency for Health Care Administration and an agreement with Collier Health Services (CHS) to participate in the Medicaid Low Income Pool Program. Participation in this program will generate $301,566 in Federal matching funds that will provide additional health services for the people of Collier County. 7) Recommendation to approve and authorize the Chairman to sign one (1) Subrecipient Agreement in the amount of $528,122.54 with Habitat for Humanity of Collier County using Home Investment Partnership Program (HOME) grant funding. HOME funds for this Single Family Rehabilitation project will be utilized for the replacement and installation of new roofs for eligible low income households residing in Collier County who are at or below 80% of Median Family Income or (MFI) under HUD Income Guidelines. 8) Recommendation to award Invitation to Bid (ITB) #11 -5770 in the amount of $108,900 to Pinnacle Pool Construction, Inc., for the three collection tank replacements at North Collier Regional Park at Sun -N- Page 13 September 27, 2011 Fun Lagoon and to authorize the necessary budget amendment. 9) Recommendation to approve a budget amendment recognizing $284,110.45 in revenue generated as program income when conveying property acquired through the Neighborhood Stabilization Program. (Fiscal impact $284,110.45) E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to waive formal competition and approve and authorize the Chairman to execute the renewal of a Lease Agreement for the County's Confined Space Gas Monitor System with Industrial Scientific, Inc. in the amount of $27,044.64 per year. 2) Recommendation to approve a Revenue Commitment Contract with Naples News Media Group to receive discounted pricing on advertising. 3) Recommendation to adopt a resolution approving the 2012 Fiscal Year Pay and Classification Plan inclusive of additions, deletions or modifications from July 1, 2011 forward, and to continue authorizing the creation of new classifications, modification and /or deletion of classifications and assignment of pay ranges from the proposed 2012 Fiscal Year Pay and Classification Plan, using the existing "Archer" point- factor job evaluation system, subject to a quarterly report to the Board of County Commissioners. 4) Recommendation to approve and authorize the Chairman to sign the Assumption Agreement from MACTEC Engineering and Consulting, Inc. to AMEC E &I, Inc. for County Wide Engineering Services. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve Agreement # 12- CP- 03- 09 -21 -01 -185 between the State of Florida, Division of Emergency Management and Collier County accepting $9,038 for the preparation of Hazard Analysis Reports for facilities storing extremely hazardous substances Page 14 September 27, 2011 within Collier County and approve the necessary budget amendment. 2) Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2012 with a fiscal impact of $1,063,200. 3) Recommendation to provide after - the -fact approval for the Assistance to Firefighters Grant application that was submitted to the Federal Emergency Management Agency for the purchase of two Carbon Monoxide Detectors for Emergency Medical Services in the amount of $9,800. 4) Recommendation to provide after - the -fact approval for the Assistance to Firefighters Grant application that was submitted to the Federal Emergency Management Agency for the purchase of three replacement ambulances for Emergency Medical Services in the amount of $560,514. 5) Recommendation to approve the Fiscal Year 2012 Strategic Plan for the Naples Marco Island, Everglades Convention & Visitors Bureau (CVB). 6) Recommendation to approve the after - the -fact submittal of a Federal Emergency Management Agency Assistance to Firefighter's Grant in the amount of $200,928 for the purchase of new self - contained breathing apparatus and portable radios for the Ochopee Fire Control District. 7) Recommendation to approve and authorize the Chairman to sign FY 12 Tourism Agreements for Category B Grant Agreements totaling $65,000; Category C -2 Grant Agreements totaling $240,000; and a Tourism Department printing project totaling $24,000 and waive grant application multiple year funding guidelines where appropriate. 8) Recommendation to approve the carry forward of Tourist Tax Emergency Advertising Funds up to $373,500 for continuing Page 15 September 27, 2011 promotion of the group meeting market in FY 12 and authorize all necessary budget amendments. 9) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted Budget. 10) Recommendation to authorize budget amendments appropriating approximately $277,556,493.57 of unspent FY 2011 grant and project budgets into Fiscal Year 2012. G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners review and approve the proposed FY 2011 -2012 Action Plan for Chris Curry, Executive Director, Airport Authority. 2) Recommendation to approve and authorize the Airport Authority Executive Director to enter into an Agreement with the Seminole Casino at Immokalee to create a cooperative partnership aimed to enhance general aviation and promote the casino through joint attendance at air shows throughout the State of Florida. H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating October 8, 2011 as James Garvin Day. To be presented at an event for Mr. Garvin on October 8, 2011. Sponsored by Commissioner Coletta. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of August 27, 2011 through September 2, 2011 and for submission into the official records of the Board. Page 16 September 27, 2011 2) To obtain Board approval for disbursements for the period of September 3, 2011 through September 9, 2011 and for submission into the official records of the Board. 3) Recommendation to approve a Resolution changing the boundaries and numeric designations of certain precincts. K. COUNTY ATTORNEY 1) Recommendation to adopt a Resolution approving the County Attorney's Office 2012 Fiscal Year Pay and Classification Plan, which is identical to the current approved plan. 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 of $30,000 plus $12,000 in costs and attorney fees, for the acquisition of Parcels 108FEE and 108TCE in the Lawsuit styled Collier County, Florida v. Lamartine Petit Monsieur, et al., Case No. 10- 2681 -CA (Collier Blvd. Project No. 68056). (Fiscal Impact: $37,600) 3) 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 of $60,000 for the acquisition of Parcels 157FEE and 157TCE in the Lawsuit styled Collier County, Florida v. Katheryn Moreno, et al., Case No. 10- 2741 -CA (Collier Blvd. Project No. 68056). (Fiscal Impact: $49,700) 4) Request for authorization to advertise and bring back for future consideration an amendment to Ordinance No. 04 -12, as amended, relating to ambulance and advanced life support services, for the purpose of clarifying /updating certain provisions and adding a new classification of Certificate of Public Convenience and Necessity (COPCN) that allows non - transport Advanced Life Support services. 5) Recommendation that the Board of County Commissioners review and approve the proposed FY 2011 - 2012 Action Plan for Jeffrey A. Page 17 September 27, 2011 Klatzkow, County Attorney. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. DOA- PL2011 -0354: Ronto Livingston DRI (aka Tuscany Reserve) -- A Resolution amending Development Order 2000 -01, Ronto Livingston DRI, a Development of Regional Impact, providing for Section One: Addition of Expiration Date and Extension of Buildout Date; renaming DRI to Tuscany Reserve DRI, and changing the report to biennially; Section Two: Findings of Fact; Section Three: Conclusions of Law; Section Four: Effect of Previously Issued Development Order, Transmittal to DCA; and Providing an Effective Date. The property is located in Sections 7 and 12, Township 48 South, Ranges 25 and 26 East, in Collier County, Florida. B. This item is being continued from the September 27, 2011 BCC meeting to the October 11, 2011 BCC meeting. Recommendation to Approve Growth Management Plan Amendment Petition CP- 2006 -11, David Torres, for Hacienda Lakes of Naples, LLC (Adoption Hearing). C. This item has been continued from the September 13, 2011 BCC meeting to the September 27, 2011 BCC meeting, then to the October 11, 2011 BCC meeting. DRI- 2006 -AR- 10147: Hacienda Lakes DRI, A Resolution of the Board of County Commissioners of Collier County, Florida approving a Development Order for Hacienda Lakes, a Development of Regional Impact located in Sections 11 through 14 and 23 through 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 Page 18 September 27, 2011 South, Range 27 East, Collier County, Florida which will allow up to 1,760 residential dwelling units including conversions to recreational vehicle park and senior housing for independent living, assisted living and nursing care, 327,500 square feet of retail use, 70,000 square feet of professional and medical office including a conversion of retail use to professional and medical office, a 135 -room hotel including a conversion to business park, 140,000 square feet of business park or educational facility, a public school, and continuation of existing "Junior Deputy" passive recreation and existing "swamp buggy" attraction; providing for Findings of Fact; providing for Conclusions of Law; and providing an effective date. (Companion to Petitions PUDZ-2006-AR- 10 146 and CP- 2006 -11) [Coordinator: Kay Deselem, AICP, Principal Planner] D. This item is being continued to the October 11, 2011 BCC meeting. PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD -- 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 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 Agricultural (A), Agricultural - Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district for a project known as the Hacienda Lakes MPUD that will allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space including a conversion of retail use to professional and medical office; 135 hotel rooms including a conversion to business park; 140,000 gross square feet of business park or education facility; a public school; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units including conversions to recreational vehicle park and senior housing for independent living, assisted living and nursing care. The subject property, consisting of 2,262 +/- acres is located on the east side of Collier Boulevard (C.R. 95 1) at the intersection of Collier Boulevard and Rattlesnake - Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida; providing for repeal of Ordinance Number 84 -26, for swamp buggy Page 19 September 27, 2011 grounds; and by providing an effective date. (Companion to Petitions DRI- 2006-AR- 10 147 and CP- 2006 -11) E. Recommendation to (1) adopt four ordinances which repeal or amend certain Collier County ordinances relating to the regulation of firearms and ammunition in order to comply with recent amendments to Section 790.33, Florida Statutes, which preempts all such regulatory powers to the State of Florida effective October 1, 2011, and (2) direct staff to refer two Special Acts dealing with firearms to the Legislative Delegation, with a request that the Legislature review them for possible repeal. F. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplement revenue) to the Fiscal Year 2011 -12 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 20 September 27, 2011 September 27, 2011 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission Meeting is now in session. Will you please stand for the invocation by Pastor Sammy Mosquera of the United Pentecostal Church. PASTOR MOSQUERA: Good morning. CHAIRMAN COYLE: Good morning. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE PASTOR MOSQUERA: Almighty God, ruler of the universe, you are the giver of all good things. By your power we move, we have our being. We are gathered here today to serve you and to conduct the affairs of Collier County. Give us knowledge and the strength to do your will, with a proper balance of eternal values and our present needs, that we might accept our responsibilities to act with courage, considering the feelings of other people. Grant us a sense of justice and of stewardship, both now and forever. We might ask this through Christ Jesus, our Lord: Our Father who art in heaven, hallowed be thy name. Thy kingdom come, thy will be done, on earth as it is in heaven. Give us this day our daily bread, and forgive us our trespasses as we forgive those who trespass against us. And lead us not into temptation, but deliver us from evil. For thine is the kingdom, the power and the glory for now and forever, Amen. CHAIRMAN COYLE: Please remain standing for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Okay, County Manager, I presume you have some changes to the agenda for us today? Page 2 September 27, 2011 Item #2A TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED — APPROVED AND /OR ADOPTED W /CHANGES MR. OCHS: Yes, sir, just a few. Good morning, Commissioners. These are the agenda changes for the Board of County Commissioner's Meeting of September 27th, 2011. First change is related to Item 9B. It's a vacancy for District 2 Planning Commissioner, is requested to be re- advertised and continued to a subsequent BCC Board Meeting. That request is made by Commissioner Hiller. Next change is to add Item 9D. It would be a recommendation to appoint two commissioners as regular members, three commissioners as alternate members to the Value Adjustment Board. Commissioners, per Ordinance No. 2011 -17, a majority vote of the Board is required to add this document to the agenda, since it was submitted following the publication of the printed agenda. And this item is requested by the Executive Manager of the Board Office. Commissioner, I don't know if you want to take these as we go. CHAIRMAN COYLE: We should, if there's going to be a vote concerning them. MR. OCHS: Yes, sir. CHAIRMAN COYLE: You've actually got two items that require a vote, I would presume. MR. OCHS: No, I think we -- we have at least four on this change sheet. CHAIRMAN COYLE: Okay. But you've only gone over two of them so far. MR. OCHS: Yes. Take them in order. CHAIRMAN COYLE: Okay We need to take them in order. Page 3 September 27, 2011 Why don't we start with Item 9B. MR. OCHS: 9B is not an add -on sir, I don't think you need to vote on that. But Item 9D you would, to add it onto your agenda, since you're actually adding material to the agenda. COMMISSIONER HENNING: Move to approve to add it onto the agenda. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, motion to approve by Commissioner Henning, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: All opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, it passes 4 -1, with Commissioner Hiller dissenting. MR. OCHS: Okay, next change is Item 10A, and that would be to add Commissioner Hiller's evaluation of County Manager to this agenda item. Again, per Ordinance No. 2011 -17, a majority vote of the board is required to add this item to the agenda, since it was submitted following the publication of the printed agenda. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I don't know if we have a -- an option here, because evaluation is supposed to be by the Board. The Board is -- can't change the membership of the Board. So I make a motion that we add it to the agenda. CHAIRMAN COYLE: Okay. But at least it should be submitted on time, shouldn't it? COMMISSIONER HENNING: That is something for discussion September 27, 2011 under the item. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yeah, just as a matter of law, any document produced by government is a public record. So, you know, whether or not you decide to incorporate it as a part of the agenda, or incorporate the document, if you will, as a part of the agenda, because my evaluation stands, notwithstanding the document, it's a public record. It's out there. And no one has to vote on it. And the minute keepers will add it after this minute -- after the minutes of this meeting as the next public record in line. And I'll submit it as such. So quite frankly, you know, whether you vote to accept it or not is irrelevant, because I will enter it as part of the record with the clerk. CHAIRMAN COYLE: Well, if you really don't want us to vote on it, then I'll be happy to make you happy and vote against it. COMMISSIONER HILLER: That's not the point. The point is if you as part of your vote decide not to accept the evaluation as a document, I will still introduce it as part of the records, because it is a public record, and I will give it to the clerk to enter as such. So, in other words, however you vote, it will not block the public's ability from viewing it. COMMISSIONER FIALA: Commissioner Coyle? CHAIRMAN COYLE: Yes, Commissioner Fiala. COMMISSIONER FIALA: Thank you. I just think that we should, I hate to say it like this, but continue this till the next meeting. Because it becomes a matter of public record certainly, and that's a great idea, except none of the public has been able to see it because it wasn't submitted until yesterday, and so it wasn't in print form so they couldn't pull it up on their computers or anything. And it wasn't in our printed form. So I would suggest that if it -- I don't know if anybody likes this or not, but maybe we should just put it off till the next meeting so everybody can see it as a matter of public record. What do you think? Page 5 September 27, 2011 CHAIRMAN COYLE: That's okay with me. It just -- it is once again something that delays the proceedings of this body unnecessarily. COMMISSIONER FIALA: Ask Leo. CHAIRMAN COYLE: We were always all asked to submit this before the agenda was finalized. COMMISSIONER FIALA: Leo, does it cause a problem for you? Because we've got three of them here. Will it cause a problem for you or the airport director or for the County Attorney if we continue it til the next meeting so we have a full and complete record for the public? MR. OCHS: Well, I'll speak for myself, ma'am. I'd prefer not to have to go through the evaluation process twice. I mean, if the Board's willing to add this on, I'd just as soon include it in the evaluation materials for today, if that meets with the Board's approval. Again, I don't mean to complicate this, but the Board had a fairly lengthy discussion back in May about, you know, submission of documents before and after the printed agenda. You went so far as to pass an ordinance. And I'm just trying to comply with my understanding of the ordinance which says that if you add materials to your agenda after the publication date or the print date, it requires a majority vote of the Board to add that to the agenda. And you'll see that on several add -ons here today. CHAIRMAN COYLE: Okay, we have a motion by Commissioner Henning to add it this morning. Is there a second? (No response.) CHAIRMAN COYLE: Okay, motion dies for lack of a second. So the item will not be added -- COMMISSIONER HILLER: I'll second it. CHAIRMAN COYLE: Okay, Commissioner Hiller now wants it approved. So we have a motion by Commissioner Henning, seconded by Commissioner Hiller. am September 27, 2011 All in favor, please -- COMMISSIONER COLETTA: Wait, what is the motion again, please? CHAIRMAN COYLE: The motion is to include Commissioner Hiller's evaluation of the County Manager and I presume the County Attorney and the Airport -- MR. OCHS: The Airport Authority Director -- CHAIRMAN COYLE: Although that isn't specified in this item. MR. OCHS: Those are coming up on the change sheets, sir. COMMISSIONER FIALA: And Leo, you would prefer this to be on the agenda today for us to vote on; is that -- MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: -- what you said? All right. CHAIRMAN COYLE: Okay, all in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MR. OCHS: Okay, moving right along. Next item on your change sheet is to continue item IOD to the October 11, 2011 Board of County Commissioners meeting. This is a recommendation to approve a zero dollar extension change order. This item is being continued at the County Attorney's request, with staff concurrence. Next item is to move item IOL to 16A16 on your consent agenda. It's a recommendation to approve the ribbon - cutting ceremony for the new transit route between Collier County and Lee County to be known as the LinC, and to authorize the Chairman to sign all Page 7 September 27, 2011 applicable agreements associated with the use of private property for the event scheduled for October 6th, 2011. That change is made at Commissioner Henning's request. Next change is to add Item 11 A. It's to add Commissioner Hiller's evaluation of the County Attorney to this agenda item. Per Ordinance No. 2011 -17, a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. So a motion would be in order, sir. CHAIRMAN COYLE: Okay, is there a motion? COMMISSIONER HENNING: So moved. CHAIRMAN COYLE: Commissioner Henning makes a motion to add Commissioner Hiller's evaluation of the County Attorney to this agenda item. Is there a second? COMMISSIONER FIALA: Yeah, I'll second it. But Leo, is there a way that the public will actually get to see these things? Because it wasn't published in our agenda packet. I would hate to see these things go by the wayside. MR. OCHS: Well, ma'am, they'll become part of the record of the Board proceeding and the minutes, so you can access through that through the Clerk's Website. COMMISSIONER FIALA: Okay, thank you. CHAIRMAN COYLE: Okay, there's a second, Commissioner Fiala. COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: All in favor, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. September 27, 2011 It passes unanimously. MR. OCHS: Thank you. Next change is Item 13A1, it's to add Commissioner Hiller's evaluation of the Airport Authority Executive Director to this agenda item. Same reference to the ordinance applies. COMMISSIONER HENNING: So moved. CHAIRMAN COYLE: Commissioner Henning makes a motion to approve the addition of this item to our agenda. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: It passes unanimously. MR. OCHS: Next change is to withdraw Item 16A10 at staff request. Recommendation to approve a request for reimbursement. Staff needs more time to review some of the backup materials. Next change is to move Item 16A5 from your consent agenda to your regular agenda, becoming Item l OM. It's a recommendation to direct County Manager to amend various sections of the Land Development Code and the right -of -way ordinance. That's moved at Commissioner Hiller's request. Next change is to move Item 16B 1 to the regular agenda under your CRA, becoming Item 13B 1. It's a recommendation that Collier County Community Redevelopment Agency approves and executes an amendment to the employment agreement for the Bayshore /Gateway Triangle CRA executive director. That item is moved at Commissioner Hiller's request. Next change is to move Item 16D9 from your consent agenda to become Item ION on your regular agenda. It's a recommendation to September 27, 2011 approve a budget amendment recognizing revenue generated as program income from property acquired through the Neighborhood Stabilization Program. That item is moved at Commissioner Hiller's request. Next change is to continue Item 16E2 to the October 11, 2011 Board of County Commissioners meeting. Recommendation to approve a revenue commitment contract with the Naples News Media Group. That's moved at staff s request to clarify language in the recommendation section of the summary. Next change is move -- continue Item 16F5 to October 11, 2011 BCC Meeting. Recommendation to approve the fiscal year 2012 strategic plan for the Naples /Marco Island/ Everglades Convention and Visitor's Bureau. That move is at staff s request. Next change is to add Item 16H2. It's a proclamation recognizing the heroic actions of Chokoloskee resident Dwain Daniels. This item is being added to the agenda and sponsored by Commissioner Henning. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, motion to approve the agenda -- wait a minute. COMMISSIONER HENNING: That's an add -on. CHAIRMAN COYLE: That's an add -on. Motion to approve the add -on item by Commissioner Henning, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye., CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. MR. OCHS: You have one time certain -- Page 10 September 27, 2011 CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimous. MR. OCHS: I'm sorry, sir. You have one time certain on your agenda this morning, Commissioners. It's Item 10I. It will be heard at 11:00 a.m. That's the item related to permit requirements for hot water heater replacements. And you have four agenda notes. Items 8B and 7A (sic) requires that ex parte disclosure be provided by commission members. CHAIRMAN COYLE: It's 17A rather than 7A. MR. OCHS: Excuse me, sir, 17A. Should a hearing be held on this item, all participants are required to be sworn in. Item 16133, the fiscal impact should read: of the $400,000 in the 2011 Budget, $384,965.94 has been awarded by the CRA Board and the 15,034.06 remains. This change was made at Commissioner Fiala's request. Thank you, ma'am. Item 16C3, the work order made part of the agenda backup is dated September 2nd, 2011. County Attorney's Office has requested that this date be changed to the BCC approval date, today, September 27th5 if this item is approved by the Board. Then finally, Item 16G2. The date referenced for the event is incorrect. The first event for the 38th annual Sun -N -Fun fly -in - -fly event in Lakeland, Florida, scheduled March 27th thru April 1, 2012. Those are all the changes I have, Commissioners. CHAIRMAN COYLE: Okay, thank you very much. County Attorney, do you have any changes? MR. KLATZKOW: No, sir. CHAIRMAN COYLE: Okay, we'll start with ex parte disclosure and any other changes for commissioners and we'll start by Commissioner Henning today. Page 11 September 27, 2011 COMMISSIONER HENNING: No further changes. Ex -parte communication on 17A. I received the Planning Commission's staff report. That's it. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Okay, on the consent agenda, 16A19 I had meetings. 16A2, no disclosures. 16A3, no disclosures for that item. And 16A13, had meetings and e- mails. And of course on all these items, I discussed it with staff. Oh, and summary agenda 17A, I reviewed the staff report on that. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: That concludes that and I have no changes to the agenda, sir. CHAIRMAN COYLE: Okay. Thank you very much. And with reference to Items 16A3, I have had meetings concerning that item. And 16A 13 I have no disclosure. And for the summary agenda I have 17A disclosure for the Ronto Livingston DRI, a /k/a Tuscany Reserve. I reviewed the staff report. I have no further changes to suggest for the agenda. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. On Item No. 16A1, Reflection Lakes, I've had correspondence and e- mails. Item 16A2, Verona Walk, I've had correspondence and e- mails. And on 16A3, again, I've had correspondence and e- mails. That's having to do with the Del Webb in Ave Maria. On 16A 13, again, correspondence and e- mails. That's another Reflection Lakes. And finally, 17A, which is Tuscany Reserve, Ronto Livingston, I've had correspondence and e- mails, I've met with staff on these things, and the correspondence and e -mails are in here, along with Item No. 8A and 8B. They're here on file in case anybody would like to see them. Page 12 September 27, 2011 CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: With respect to disclosures, 17A, the staff report, and otherwise no disclosures with respect to the summary and consent agenda. No changes to the agenda. CHAIRMAN COYLE: Thank you very much. Is there a motion to approve the agenda as -- COMMISSIONER COLETTA: So moved. CHAIRMAN COYLE: -- amended? COMMISSIONER FIALA: And second. CHAIRMAN COYLE: Okay, motion by Commissioner Coletta, seconded by Commissioner Fiala to approve the agenda as amended. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay, it passes 4 -1 with Commissioner Henning dissenting. Page 13 Agenda Changes Board of County Commissioners Meeting September 27, 2011 Item 9B: Vacancy for District 2 Planning Commissioner to be re- advertised and continued to a subsequent BCC Board Meeting. (Commissioner Hiller's request) Add Item 9D: Recommendation to appoint 2 Commissioners as regular members, 3 Commissioners as alternate members to the Value Adjustment Board. Per Ordinance Number 2011 -17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. (Requested by the Executive Manager of the BCC) Item 10A: Add Commissioner Hiller's evaluation of the County Manager to this agenda item. Per Ordinance Number 2011 -17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Continue Item 10D to the October 11, 2011 BCC Meeting: Recommendation to approve and ratify staffs unauthorized Zero Dollar Time Extension Change Order for Professional Engineering Services with Atkins North America, Inc. (previously known as PBS &J) to Work Order No. 4500100227 in order to process final invoice for work completed for "Clam Pass /Bay Estuary," ratify staffs unauthorized action of request for services, and then make a finding of quantum meruit based on the value of the benefit received. (County Attorney's request) Move Item 10L to 16A16: Recommendation to approve the Ribbon Cutting Ceremony for the new Transit Route between Collier County and Lee County to be known as the "LinC" and to authorize the Chairman to sign all applicable agreements associated with use of private property for the event scheduled for October 6, 2011. (Commissioner Henning's request) Item 11A: Add Commissioner Hiller's evaluation of the County Attorney to this agenda item. Per Ordinance Number 2011 -17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Item 13A1: Add Commissioner Hiller's evaluation of the Airport Authority Executive Director to this agenda item. Per Ordinance Number 2011 -17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Withdraw Item 16A10: Recommendation to approve Request for Reimbursement as an exception to the County Manager Agency Organization Code ( "CMA ") # 5346, Reimbursement of Relocation Expenses in the amount of $8,666.67, for Anthony Ithawaja, Engineer of Traffic Operations for the Growth Management Division. (Staffs request. Need for additional review of back -up materials) Move Item 16A15 to Item 10M: Recommendation to direct the County Manager or his designee to amend the Collier County Land Development Code (LDC) and Right -of -Way Ordinance in regards to storage containers, Planned Unit Development (PUD) Annual Monitoring Reports, specific standards for the location of accessory buildings and structure provisions to include Personal Storage Containers (PODS), number of dogs allowed in residential districts, and exceptions to a Right -of -Way (ROW) permit meeting specific criteria. (Commissioner Hiller's request) Move Item 16131 to Item 13131: Recommendation that the Collier County Community Redevelopment Agency (CRA) approves and executes an amendment to the employment agreement between the CRA and David L. Jackson, the Bayshore Gateway Triangle CRA Executive Director, extending the term of employment four years and modifying severance terms, and authorize the CRA Chairman to sign. (Commissioner Hiller's request) Move Item 16D9 to Item 10N: Recommendation to approve a budget amendment recognizing $284,110.45 in revenue generated as program income when conveying property acquired through the Neighborhood Stabilization Program. (Fiscal impact $284,110.45) (Commissioner Hiller's request) Continue Item 16E2 to the October 11, 2011 BCC Meeting: Recommendation to approve a Revenue Commitment Contract with Naples News Media Group to receive discounted pricing on advertising. (Staffs request to clarify the language in the recommendation section of the executive summary.) Continue Item 16F5 to the October 11, 2011 BCC Meeting: Recommendation to approve the Fiscal Year 2012 Strategic Plan for the Naples Marco Island, Everglades Convention & Visitors Bureau (CVB). (Staffs request) Add Item 16H2: Proclamation recognizing the heroic actions of Chokoloskee resident Dwain Daniels when he rescued ninety-year old Margaret Webb who was being attacked by an alligator. The Proclamation designates September 24, 2011 as "Dwain Daniels Day'. Per Ordinance Number 2011- 17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Sponsored by Commissioner Henning. Time Certain Items: Item 10I to be heard at 11:00 a.m. Note: Items 8B and 17A 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. Item 16133 fiscal impact should read: Of the $400,00.00 $400,000.00 in the FY -2011 budget, $384,965.94 has been awarded by the CRA Board and $15,034.06 remains. (Commissioner Fiala's request) Item 16C3: The work order made part of the agenda back -up is dated September 2, 2011. The County Attorney's Office has requested that this date be changed to the BCC approval date, September 27, 2011, if this item is approved by the Board. Item 16G2: The date referenced for the event is incorrect. The first event for the 38th Annual Sun -n- Fly Event in Lakeland Florida is scheduled for March 27 through April 1, 2012. 9/27/20118:37 AM September 27, 2011 Item #2B MINUTES FROM THE SEPTEMBER 8, 2011 — BCC /BUDGET HEARING — APPROVED AS PRESENTED I will entertain a motion to approve the BCC Budget Hearing Minutes of September 8th, 2011. COMMISSIONER FIALA: I make a motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay, motion to approve by Commissioner Fiala, seconded by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. That brings us to service awards, County Manager. Item #3A1 SERVICE AWARD — 20 YEAR ATTENDEE CARL GIBSON, POLLUTION CONTROL — PRESENTED MR. OCHS: Will you join us in front of the dais this morning? CHAIRMAN COYLE: Sure, if that's what you'd like us to do. MR. OCHS: Yes, please. Commissioners, we're recommending -- we're recognizing this morning one employee with 20 years of service to the county. It's Page 14 September 27, 2011 Carl Gibson from pollution control. (Applause.) Item #3A2 SERVICE AWARD — 25 YEAR ATTENDEE JACINTO CERVANTES. PARKS AND RECREATION — PRESENTED MR. OCHS: Also this morning, Commissioners, celebrating 25 years of service to Collier County Government, Jacinto Cervantes from Parks and Recreation. (Applause.) MR. OCHS: That concludes our service awards this morning. CHAIRMAN COYLE: We can return to our seats now? Item #4A PROCLAMATION CONGRATULATING THE MARCO BEACH OCEAN RESORT FOR ITS CONTINUED CONTRIBUTIONS AND EFFORTS IN RECYCLING AND ITS "GOING GREEN" MISSION. ACCEPTED BY DAN RODRIGUEZ, DIRECTOR, SOLID WASTE MGT. STAFF AND JEFFREY BULLOCK, HOTEL MANAGER & BRANKA GUBERINA, OPERATIONS MANAGER OF MARCO BEACH OCEAN RESORT — ADOPTED MR. OCHS: Yes, sir. Single file, please. Commissioners, that takes us to Item 4 on your agenda this morning. You have one proclamation. Item 4A is a proclamation congratulating Marco Beach Ocean Resort for continued contributions and efforts in recycling and its' Going Green mission. To be accepted by Dan Rodriguez, Director. Also, Solid Waste Management Department staff and Jeffrey Bullock, Hotel Manager, and Branka Page 15 September 27, 2011 Guberina, Operations Manager of Marco Beach Ocean Resort. This item is sponsored by Commissioner Fiala. (Applause.) CHAIRMAN COYLE: Would you like to say something? MR. BULLOCK: I'd just like to thank the county, the Solid Waste Management group, and Janet and her team for assisting us with this great honor and recognition. And let everybody know the Marco Beach Ocean Resort is continually committed to preservation, conservation, recycling efforts to continue this mission of ours, so we just appreciate everyone's assistance through this process. Thank you. MR. OCHS: Commissioners, if I could have a motion on the proclamation? COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Commissioner Henning makes a motion to approve the proclamations, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #5A RECOMMENDATION TO RECOGNIZE YANEISY CAMPS, ADMINISTRATIVE CAPTAIN, EMERGENCY MEDICAL SERVICES, EMPLOYEE OF THE MONTH FOR AUGUST 2011 — PRESENTED Page 16 September 27, 2011 MR. OCHS: Commissioners Item 5A is a presentation. It's a recommendation to recognize Yaneisy Camps, Administrative Captain, Emergency Medical Services, as the employee of the month for August, 2011. Please come forward, Yaneisy. (Applause.) MR. OCHS: Commissioner, I'm going to read this and embarrass Yaneisy as she gets her picture taken. Yaneisy's been an employee of our EMS Department for over ten years. As a member of the EMS training staff, she assists in development and implementing training programs for the department. In addition to her training duties, she's also volunteered to be a part of a pilot program in conjunction with a local clinic. This program provides weekly in -home checks for disadvantaged persons who require advanced medical monitoring but are unable to get to their appointments. Yaneisy also serves as the EMS department's critical incident stress debriefing officer and as such has to maintain a calm demeanor while aiding staff in the aftermath of a tragedy. She still makes herself available to meet with personnel after hours, on weekends and holidays to help them cope with the emotional aspects of this difficult challenge. She is truly a valuable asset to our EMS department and our county government and very deserving of this award. Commissioners, it's my pleasure and honor to recommend Yaneisy Camps as your Employee of the Month for August, 2011. Congratulations. (Applause.) CHAIRMAN COYLE: Maybe she could be assigned to provide counseling to the Board of County Commissioners after our meetings. MR. OCHS: She would -- yes, sir. CHAIRMAN COYLE: It wouldn't do any good, right? That's what you were going to say. Page 17 September 27, 2011 COMMISSIONER HENNING: Make sure you bring a shotgun. Item #9A REQUEST FOR RECONSIDERATION OF ITEM #16A17 FROM THE SEPTEMBER 13, 2011 BCC MEETING, TITLED "RECOMMENDATION FOR BOARD APPROVAL OF HOLE MONTES, INC., AS THE DESIGN PROFESSIONAL SHORT -LIST FOR RFP #11-5724 AND ENTER INTO NEGOTIATIONS BETWEEN COLLIER COUNTY AND HOLE MONTES INC. FOR "CONSTRUCTION ENGINEER, LANDSCAPE INSPECTION AND SITE RESTORATION SERVICES FOR THE VANDERBILT BEACH MSTU FPL UNDERGROUND CONVERSION PROJECT PHASE 1, 25 3" PURSUANT TO RFP #11-5724 — MOTION TO RECONSIDER — APPROVED MR. OCHS: Commissioners, that takes us to Item 9 on your agenda this morning, Board of County Commissioners. 9A is a request for reconsideration of Item 16A17 from the September 13, 2011 BCC Meeting. That item was titled the recommendation for Board approval of Hole - Montes, Incorporated as the design professional short list for RFP No. 11 -5724, and to enter into negotiations between Collier County and Hole - Montes, Incorporated for construction engineer, landscape inspection and site restoration services for the Vanderbilt Beach MSTU related to the FPL underground conversion project, Phase I, II and III pursuant to RFP No. 11 -5724. This item was brought forward by Commissioner Hiller. COMMISSIONER HILLER: Thank you. The reason I brought this item forward was actually I had hoped it was going to be on the general agenda the last time, and somehow it failed to be pulled. So it really isn't a request for reconsideration, but we might consider it as such, you know, depending on what the 01-IM September 27, 2011 outcome of the discussion is. My concern with this item relates to the fact that we have asbestos in our water pipes. And I spoke to Michelle about that and she said she would discuss it with utilities and have utilities address what's going on. I want to know -- COMMISSIONER HENNING: That's -- I'll make a motion to reconsider it. COMMISSIONER HILLER: Oh, great, thank you. Thank you. Then I'm glad you see the importance of addressing this. Because I do think it's a public health/safety issue that we need full vetting on. COMMISSIONER HENNING: Well, the ordinance states that any commissioner can reconsider any item on the agenda. There shall be no discussion, there'll just be a vote. So I make that motion -- COMMISSIONER HILLER: Thank you. COMMISSIONER HENNING: -- out of respect to my colleagues. CHAIRMAN COYLE: Okay, motion by Commissioner Henning for reconsideration. Seconded by -- COMMISSIONER FIALA: I'll second it. And Michelle, I notice that you said that you hired a special asbestos person in this to oversee all aspects of the asbestos removal. But possibly the public is not aware of that, so I'll second this. CHAIRMAN COYLE: Which we'll -- okay, we have a motion and a second. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) Page 19 September 27, 2011 CHAIRMAN COYLE: It passes unanimously. It will go on the next agenda, right, County Manager? MR. OCHS: Yes, sir, we'll schedule for the next agenda. CHAIRMAN COYLE: Thank you very much. MR. OCHS: Thank you. Item #9B RESOLUTION 2011 -179: RE- APPOINTING MELISSA AHERN & BARRY M. KLEIN AND APPOINTING PHILLIP E. BROUGHAM AND TO RE- ADVERTISE THE DISTRICT 2 SEAT — ADOPTED Next item is Item 9B. It's appointment of members to the Collier County Planning Commission, the exception of the appointment for District 2, which the Board will re- advertise as you discussed during your change sheet. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, we have a motion to approve the re- advertising for one position on the Collier County Planning Commission. And the public might be interested in understanding that issue. The Planning Commission is set up so that each commissioner can nominate someone from their district. And the rules require that the commissioner from the district nominate the person to be considered. So Commissioner Hiller wants to provide an opportunity to get more applicants for that position, so we are going to honor that request. COMMISSIONER HENNING: I think the motion was to approve a remaining member, Melissa Ahern, District 4 Planning Commission member, Barry Klein, District 3 Planning Commissioner, and Phil Brougham for District 1 Planning Commission member. �. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: the -- September 27, 2011 And we already did that through COMMISSIONER HILLER: Agenda. COMMISSIONER HENNING: -- agenda item. We are re- advertising the District 2 Seat. When we approved the agenda, as part of the agenda changes. CHAIRMAN COYLE: I got it, you're right. So you're approving -- your motion is to approve all those people who are listed, with the exception of the District 2 applicant -- COMMISSIONER HENNING: That's correct. CHAIRMAN COYLE: -- is that correct? COMMISSIONER HENNING: Yes, sir. CHAIRMAN COYLE: All right. All in favor -- COMMISSIONER COLETTA: Question. CHAIRMAN COYLE: Commissioner Coletta, go ahead. COMMISSIONER COLETTA: County Attorney, did we satisfy our ordinance as far as nominating goes? MR. KLATZKOW: Well, I presume by implication that the commissioners of Districts 1, 3 and 4 find the appointments or re- appointments acceptable. COMMISSIONER COLETTA: In other -- if they waited to vote against this, at that point in time it throws everything in disarray. I'm just trying to make sure that we don't have somebody come back later and question the validity of what we did. Because you're supposed to nominate the person. I don't know how that nomination is. In other words, if they vote for it, that satisfies it totally? MR. KLATZKOW: That would satisfy it, yes. COMMISSIONER COLETTA: Okay, that's fine, thank you. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. Page 21 September 27, 2011 CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. COMMISSIONER FIALA: There's my nominee sitting right there, watching. Phil Brougham. amlfflZf DIRECT THE COUNTY ATTORNEY TO OBTAIN ALL FINANCIAL RECORDS FROM COLLIER COUNTY' S ECONOMIC DEVELOPMENT COUNCIL — COUNTY ATTORNEY TO REQUEST ALL RECORDS FROM EDC AND THE CLERK TO AUDIT THE RECORDS — APPROVED MR. OCHS: Commissioners, Item 9C is to direct the County Attorney to obtain all financial records for the Collier County Economic Development Council. This item was brought forward by Commissioner Henning. COMMISSIONER HENNING: Thank you. The -- from my understanding, the EDC will officially dissolve September 31 st. Now, there should be some hard assets. There may be some soft assets. And I think it's worthy under the contract that we have, their agreement with the EDC, that the county obtain all the financial records and have staff to go over those and see if there's any items or monies owed to the county -- or due to the county. So I'll make that motion. Page 22 September 27, 2011 CHAIRMAN COYLE: Okay, I have a question. Is this supposed to replace or overlap the audits that are being performed by the Clerk? COMMISSIONER HENNING: I don't know what the Clerk is -- the Clerk is doing. I'm just going by the agreement that the Board has with the EDC. I don't know if the Clerk has any agreement or obtains the records. CHAIRMAN COYLE: Well, he says he does. But I don't know if they're going as far as your intent. What I'm really trying to decide is whether or not I should make a friendly suggestion to the amendment to outline objectives so we can determine if the Clerk is better qualified to do that than our staff. COMMISSIONER HENNING: What was your conversation with the Clerk? CHAIRMAN COYLE: I had no conversation with the Clerk. But he did state in a news article that he always receives these documents and he audits them. And I just wouldn't want to duplicate an effort here. That's the only thing I'm concerned about. COMMISSIONER HENNING: I think Crystal can correct what you read in a news article. CHAIRMAN COYLE: Okay. What, the news article was not correct? MS. KINZEL: For the record, Crystal Kinzel. And I apologize, I didn't remember the news article so it's not to correct that. But we have received the audited financial statements from the EDC for the years 2009 and 2010, but we are not in an active audit of the EDC at this time. I just wanted to make that clear on the record. It was part of their agreement that they provide their annual financial information, but it would not be a detailed of records that we have requested or received at this time. So there may be some clarification. If Commissioner Henning is looking for more detailed records of their actual expenditures, that's not something that we Page 23 September 27, 2011 routinely receive. CHAIRMAN COYLE: Okay. But the Clerk's Office has asked us to make recommendations concerning audits for the upcoming year. MS. KINZEL: And that would be correct. Certainly if you would ask us to do that, I would take it back to the Clerk and let him know. CHAIRMAN COYLE: All I'm trying to do is prevent duplication of effort here. You know, if you're going to do it, that's fine. If you're not going to do it, we can try to do it. I don't know that we're all that equipped to conduct those kinds of audits, but nevertheless, that's all I'm concerned about. I'm not trying to keep the records from being transferred at all. We should get the records. COMMISSIONER HENNING: Why don't I amend my motion for the County Attorney to obtain all the records, have staff review it, along with the County Auditor. And that would cover it all. CHAIRMAN COYLE: Sounds okay with me. All right. Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I thought we recognized the Clerk as the auditor of the Commission. And it just seems only normal and natural that he would take on this function if he sees it's necessary. And I would like to leave it up to his discretion. He doesn't need our permission to do the audit, he can do it as a request, I'm sure. COMMISSIONER HENNING: Well, that's all wrong. COMMISSIONER COLETTA: Oh, he needs our permission? COMMISSIONER HENNING: The agreement is between the EDC and the Board of Commissioners. COMMISSIONER COLETTA: That's correct. But there's $400,000 that we pay every year, and that brings the Clerk into play on this. We're looking to recover a resource that may or may not be out there. It seems to me it would be the Clerk of Courts that would Page 24 September 27, 2011 be the one to do this audit. CHAIRMAN COYLE: He is the auditor for the Board of County Commissioners. COMMISSIONER HENNING: I don't know if anybody read the backup material. We have -- COMMISSIONER HILLER: Do you think some Commissioner might not have read the backup material? Commissioner Henning, oh my goodness. COMMISSIONER HENNING: Just because of the discussion it appears that, you know, there's an agreement between the Board. So we have to request it. If you look at Article 16 -- or Article 6 of the agreement, it clearly states how this is done. That's why I had this item put on the agenda. CHAIRMAN COYLE: Okay. Commissioner Henning, nobody is questioning the request for the records. My question was only to the issue of who was going to conduct the audit, the Clerk or our staff. And since the Clerk is the auditor for the Board of County Commissioners, I think it more properly falls into his responsibility. We can request the records; there is absolutely no problem concerning that. And he in fact can request the records, because they have received government funds. He doesn't need a contract with us. COMMISSIONER HENNING: Do you think my motion covers all that? CHAIRMAN COYLE: I think your revised motion covers it. COMMISSIONER HENNING: It does. CHAIRMAN COYLE: Your revised motion covers it. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: So Commissioner Hiller, do you have anything more? COMMISSIONER HILLER: Yeah, I just want to clarify. The Clerk, as Commissioner Coletta said, doesn't need Board authorization to audit anything related to County Government. And he can request Page 25 September 27, 2011 documents independently; he can request the documents we have. Independent of what the Clerk decides to do, we as a Board have a duty to look at these documents ourselves, as Commissioner Henning pointed out, pursuant to that contract. And we should review it because we may have issues which may not necessarily be audit type issues with respect to those expenditures that we want to address or are concerned about. So having a motion here whether or not the Clerk decides to audit this or make his own request, is a completely separate matter. So I support what Commissioner Henning is asking for. CHAIRMAN COYLE: Okay, all in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. COMMISSIONER HENNING: Do we have any speakers on that? MR. MITCHELL: Sir, we have a public speaker. CHAIRMAN COYLE: On this item? MR. MITCHELL: Yes, sir. Duane Billington. MR. BILLINGTON: Waive. MR. MITCHELL: He's waived. CHAIRMAN COYLE: Then we are going on to the next item. COMMISSIONER HILLER: Can I make one comment with respect to that before we move on? Because -- may I, Commissioner Coyle? Page 26 September 27, 2011 CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HILLER: Thank you. Because we are -- because they're closing their doors as quickly as they are, my understanding, from having read some of the agreements, is that they had also acquired some assets with county funds in the past and we need to secure those assets, if there are any still in existence. If they haven't, you know -- I don't know, if they haven't -- if they're not obsolete or whatever the case may be, or if they haven't wasted back into the county's custody. And that is something that probably the Clerk and the County Attorney might do together, you know, to secure whatever assets belong to the county. Because they're closing on Friday, right? MR. KLATZKOW: We'll start on this tomorrow. We can't do it today. COMMISSIONER HILLER: No, understood. But is that -- do we need a motion on that or -- MR. KLATZKOW: No. COMMISSIONER HILLER: -- is that something done automatically -- MR. KLATZKOW: By direction. COMMISSIONER HILLER: -- to secure those assets? Great. Thanks a lot. CHAIRMAN COYLE: Thank you. Okay. Item #9D RESOLUTION 2011 -180: APPOINTING COMMISSIONER COLETTA AND COMMISSIONER HENNING, WITH THE REMAINING COMMISSIONERS SERVING AS ALTERNATES, TO THE VALUE ADJUSTMENT BOARD — ADOPTED MR. OCHS: Commissioners, Item 9D is your add -on item. It's a Page 27 September 27, 2011 recommendation to appoint two commissioners as regular members, three commissioners as alternate members to the Value Adjustment Board. This item was brought forth by the executive manager of the BCC, Mr. Mitchell. MR. MITCHELL: Sir, for the VAB Board, currently the two delegates are Commissioner Henning and Commissioner Coletta. But as we go into the new year, we do need to again choose two delegates to this board, and then the other three commissioners would be listed as alternates. CHAIRMAN COYLE: Okay, I would nominate Commissioner Henning and Commissioner Coletta to continue as the primary and appoint the remaining three commissioners as alternates. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: I had my light on. CHAIRMAN COYLE: Can we do that? Yeah, go ahead. COMMISSIONER HENNING: I want to make a motion to nominate Commissioner Hiller and Commissioner Coyle, since they have not served on the VAB, and it's an experience that everybody should enjoy. CHAIRMAN COYLE: Well, that's not true, I've served on it for several years, but that's okay. Commissioner Hiller? COMMISSIONER HILLER: I don't mind accepting this, but can I do that after my term on the TDC expires? Because I have the TDC that I have to Chair also. Will this coincide with the expiration of my term on the TDC? CHAIRMAN COYLE: Not necessarily. MR. KLATZKOW: I don't know when they first meet, ma'am. COMMISSIONER HILLER: So, I mean, like I said, I have no problem doing it, you know, once the TDC term expires. So if someone wants to be there temporarily til' then, I'd be more than olml September 27, 2011 willing to take that over. MR. MITCHELL: Mr. Chairman, really, as regards to this list, it's almost like a drop -down list. So if, you know, the delegates are not available for a particular item -- there's only three meetings a year, but if the delegates don't happen to be available, this gives me the ability to ask of the commissioners to, you know, sit in on the Board. And that's what we've been doing. COMMISSIONER HILLER: And actually, I've been the one who has been doing that. I did the last one where two commissioners could not attend. And there's another one coming up and I've volunteered to do that too. And I'm willing to help as much as I can. But as a permanent position, you know, if I could wait, that would be great. CHAIRMAN COYLE: Okay. All right. Once again, I nominate Commissioner Henning and Commissioner Coletta as the primaries, with the rest of us being secondary. If they can't make it, then we'll fill in. There is a second? COMMISSIONER FIALA: Well, I seconded it before, but then Commissioner Henning pointed out he had his light on all the time. So, you know, is there an objection to my second? I mean, I don't mind withdrawing, it's no big deal. COMMISSIONER HENNING: It's immaterial, Commissioner. COMMISSIONER FIALA: Okay. All right. CHAIRMAN COYLE: Okay, all in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) Page 29 September 27, 2011 CHAIRMAN COYLE: It passes unanimously. Item #I OA RECOMMENDATION TO COMPLETE THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER — APPROVED MR. OCHS: Commissioners, that takes us to Item 10, County Manager's report. First item is 10A. It's a recommendation to complete the annual performance appraisal for the County Manager. Commissioners, I've had an opportunity to receive each of your individual evaluations and also the opportunity to sit with you and discuss those individually. I certainly appreciate those areas where you've recognized good performance over the past year, and just as importantly appreciate the constructive criticism and the comments related to areas that are in need of improvement. And I'm certainly committed, along with the staff, to make sure that any of those areas that need improvement, particularly in the areas of grant compliance and some contract management issues, are addressed decisively and quickly, and I think you've got some evidence that we're working on that already. I think overall the ratings, when we did the math, has come out at the meets or exceeds expectations in most categories, and it's certainly an honor and privilege to serve as your County Manager. I'm available for any discussion. CHAIRMAN COYLE: Okay, Commissioner Fiala? COMMISSIONER FIALA: Henning was first. CHAIRMAN COYLE: Commissioner Henning. COMMISSIONER HENNING: I just want to say, my evaluations is -- I always do them middle of the road, unless I see Page 30 September 27, 2011 some improvements that need to be made or items that have been outstanding, I try to recognize those. And I feel privileged to work with Leo Ochs. He's (sic) always has addressed my concerns in a timely manner, and constituant concerns. So I'm just -- I'd like to say I'm very pleased with the leadership of the County Manager, knowing that there will be some improvements, and we've had some discussions about that. And I look forward to working with Leo in the upcoming year. CHAIRMAN COYLE: Okay, good. Thank you. Commissioner Fiala? COMMISSIONER FIALA: I second all of that. Leo has been a joy to work with this year. And I think most of the staff members feel the same way. You're responsive to our needs and in a very timely manner, and I so appreciate that. I made a few suggestions, as you know. My biggest suggestion was we need to do a better job on our public relations. I think that we should take heed to how the Clerk handles his. He does an excellent job. He puts out stories about all the positive things that he's doing. We don't do that too much. In fact, we don't do that at all. And so I think it would be better if we also told our story, and not only that, if we fired up our public television to inform the public of things like advances at the landfill. I bet a lot of people don't even realize we have gas to energy anymore. And maybe they don't realize we have reverse osmosis in our water treatment plants. There are so many positive things we can talk about. Maybe that doesn't sound exciting to people because we expect that to be done, but I think we should do that. And so -- and Leo agreed with me, and so I'm looking forward to doing whatever I can to assist that. Thank you. MR. OCHS: Yes, ma'am. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I also am very pleased with Leo, Page 31 September 27, 2011 and I think my evaluation reflects it. The one thing I have brought up many times in the past and I've mentioned it on the report was my concern over business friendly as far as records go and how to be able to reach out to our business community as far as permits go. I'll tell you what, after our meeting that we had regarding business development and the plan that Leo's come forward and he's answered all those questions and concerns, and I know we're going to be heading in the right direction. MR. OCHS: Thank you. CHAIRMAN COYLE: Okay, thank you. And just to add on to Commissioner Fiala's remarks, the television program -- or television station would be an -- provides an excellent platform to publicize the technological advancements that have been made within our library system, the Ebook capability. That is a huge opportunity for people to access documents and books in our libraries through things like Kindles or even Wads, if they understand how to do it. So those things are becoming increasingly popular. And the fact that our county museum has already established that capability is in my estimation remarkable. And I don't think many people even understand that. And it would be a perfect opportunity for you to advertise that. MR. OCHS: Yes, sir. CHAIRMAN COYLE: It's a great program. Thank you. Okay, we need an approval of this evaluation. COMMISSIONER FIALA: I make a motion to approve the evaluation and give him lots of gold stars. CHAIRMAN COYLE: Motion by Commissioner Fiala. Seconded— COMMISSIONER HENNING: Second. CHAIRMAN COYLE: -- by Commissioner Henning. Page 32 September 27, 2011 All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. How many gold stars are we going to give him? COMMISSIONER FIALA: Twelve. COMMISSIONER HENNING: I'll go to the Dollar Store and pick up a whole packet. Item #1 OB RECOMMENDATION TO REVIEW AND APPROVE THE PARKS AND RECREATION MASTER PLAN PREPARED BY TINDALE- OLIVER AND ASSOCIATES, INC. WITH THE ADDITION OF CITIZEN INPUT MEETINGS HELD APRIL 6 & 7, 2011 — MOTION TO APPROVE THE MASTER PLAN W /STAFF CHANGES — APPROVED MR. OCHS: Thank you, Commissioners. Item IOB was continued from the September 13th, 2011 BCC meeting. It's a recommendation to review and approve the Parks and Recreation master plan prepared by Tindale- Oliver and Associates, Incorporated, with the addition of citizen input meetings held April 6th and 7th, 2011. Ms. Marla Ramsey, Public Services Administrator, will begin the presentation. MS. RAMSEY: Just quickly, I'm going to introduce you to Steve Page 33 September 27, 2011 Tindale, who's going to actually do the presentation. He's with Tindale- Oliver. He's been working on our master plan and he has a short presentation for you. MR. TINDALE: Good morning. Steve Tindale, Tindale- Oliver. I think maybe 10 minutes, if that's -- about the amount of time to go through this. Usually my presentations are pretty brief. CHAIRMAN COYLE: Start the three - minute clock. I'm sorry, I'm just kidding you. MR. TINDALE: No, that's fine. CHAIRMAN COYLE: Go ahead. MR. TINDALE: We want to review our project milestones and just kind of go back over how we got here, go over the specific recommendations and then talk about the next steps. We started the project back in June of 2010 and a presentation to you in February, 2011. And this just outlines the master plan sections. I'd just like to briefly highlight, there's a tremendous amount of data in terms of the current use, demographics, subjected demand, and the focus group. We must have had 25 or 30 people there, broke out in three groups. I've never seen any more active people. I don't think I've ever been in a community that people are as proud as they are of what they've got. They want to maintain it. They're all concerned about revenues and what's going on. But it was really an interesting focus group, and I was really pleased with the outcome and some of the confirmations of our recommendations. We made a presentation in February. It was a request for two additional meetings. My memory of those meetings are very positive. We had people show up, very energized group. Made comments, and again really got some confirmation, some good insight to the master plan on those two meetings. That was April the 6th and the 7th. The conclusions in terms of the citizens, again, the same projects, the main projects for community and fitness centers, the Eagle Lake, Big Corkscrew. Page 34 September 27, 2011 In the South Regional Library meeting, they -- there was some discussion about not being that excited about an active facility and amenity community park in terms of comments at those meetings. All meetings are focus group and both those talked about the lack of funding. Everybody knows what's going on with the shortfalls of government revenue. Interesting, I'm seeing this all over the state, there was some discussion even at those meetings about potential MSTU's. I thought three or four years ago that special assessment MSTU's would come to the forefront. When they didn't, people were just burdened with taxes. But I think they got to the point now to where they're seeing things pulled down to where there is statewide more and more conversations about the special assessments, MSBU's and MSTU's. That actually occurred during some of the meetings in terms of some of the citizens interested in terms of receiving services, even if they had to have specialized areas of the MSTU's. We summarized all that, folded that back into the master plan when we produced the master plan document. Briefly, the major recommendations is in developing the Big Corkscrew Island Regional Park. There are six reasons up there. A lot of information about use in the area, the population, the concentration of the uses. And we got a confirmation from the focus groups and confirmation of each one of our public meetings. The Eagle Lakes Community Fitness Center, the same thing, a lot of information about why it matched the public's perception and the information of the focus groups, and we basically got again a confirmation from the citizens' input meetings. The athletic fields, we actually showed pictures of the activity and the substantial use of it. I was amazed when I talked to the president of the softball league and the soccer leagues, the knowledge of which ones were being used, which fields were being over -used, and there was a general confirmation that these athletic fields needed Page 35 September 27, 2011 to be enhanced and added to. The development of Manatee Community Park, same thing in terms of confirmation of need. And again, we'll highlight that at the citizens input there were some direct concerns about the -- having the active facility there. And we talked about that and made sure we documented that. The development of Vanderbilt extension consistently was tied to a road extension. Seemed like it was obvious that that wasn't going to move forward until the road extension project was developed. But still thought that as that occurred over some period of time that that area was going to -- that it was going to have to have a priority. It was consistently in almost every one of the meetings a discussion about optimizing local agreements with the schools, and we talked to the schools about which types of schools worked and which types didn't work and continuing interlocal agreements in terms of the parks and the schools program, which was really positive. We presented the Boat and Beach Access Report and consistently got -- and tried to show the relationship between the two at the focus group and all the meetings, and consistently got a confirmation that two were being coordinated. We pointed out that the actual revenues for that program was separate revenue in terms of how they were doing, but they needed to be coordinated and got agreement to that. Again, both the citizens' input and the focus group gives agreement between the two reports and the interest in that. And there was keen interest in long -term continuing to get beach access and water access in the community. There was concern about that over a long period of time and wanting to be sure that was paid attention to through either the projects or the Land Development Code. And I guess at this time what we're doing is you've got the report. I think it's really clear and concise with the specific items in it. And staff s actually asking you to approve the Parks and Recreation master plan today. Page 36 September 27, 2011 CHAIRMAN COYLE: Thank you very much, Mr. Tindale. COMMISSIONER FIALA: Do you want to hear the speakers first? CHAIRMAN COYLE: Commissioner -- yeah, how many speakers do we have? MR. MITCHELL: Sir, we have three speakers. CHAIRMAN COYLE: Okay, let's call the speakers. MR. MITCHELL: The first speaker is Duane Billington. MR. BILLINGTON: Good morning, Commissioners. For the record, Duane Billington. Back when Jackson Labs was an issue, we managed to turn a round trip (sic), over $26 million or so, to sit in reserve in case that would happen. We have two facilities out there: One, Big Corkscrew Island, the other is Community Center for Eagle Lakes. I would encourage you all to look around and see if there's another 26 million lying about that we could use for our parks. Thank you. CHAIRMAN COYLE: Mr. Billington, would you tell me about this, what, $26 million you talked about? What is it you said? MR. BILLINGTON: That had to do with Jackson lab where we sat (sic) that in reserves, 26 or 32 million -- COMMISSIONER HILLER: It was 28 million. MR. BILLINGTON: 28 million. MR. OCHS: Sir, if I may? CHAIRMAN COYLE: Yes, go ahead. MR. OCHS: Yeah, again, that 28 million was existing reserves in your Public Utilities Department that we indicated if needed we could access for a very short period of time, less than 12 months, that would then need to be converted to permanent long -term financing. It was only there in case you needed initial up -front cash, and it was going to have to be repaid within 12 months to the utility reserves. So I think that's the money that Mr. Billington is referring to. MR. BILLINGTON: I'm just asking that maybe we can be a Page 37 September 27, 2011 little bit more creative in how we fund our parks. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: The next speaker is Ellie Krier. MS. KRIER: Good morning, Mr. Chairman, Commissioners. For the record, I'm Ellie Krier with the Southwest Florida Land Preservation Trust, and I'm here to ask for your assistance. In Section 3 of your Parks and Rec inventory, Gordon River Greenway Park is not listed. It's a little bit like driving down the road and you look ahead and there's nothing and you look behind and there's nothing, but there's a huge pickup truck right on your bumper and you can't see it in the mirror? We're owned but not built, designed but not built. The money's there. And it's sort of a no -man's land. And the reason I ask for your help in getting it listed is because we're at a very exciting and critical point with the greenway. You're at 60 percent design plans now. On the county's side, last week City Council approved conceptually by a majority consensus to use their land across the river to connect the center of the city to the greenway. We're to a point now where we can take the city's conceptual plan, your 60 percent, the land trust survey of their own land easements on the airport and put it all together in a great big document to go after all the missing pieces. And this was going to be one of the reference documents I was going to append, but there's a little problem there. So what we're looking for to doing is putting together a massive spreadsheet of the money that's already expended by this community. The exciting thing is when you go for grants to big foundations, they say well, where is the local match? You have millions and millions and millions of dollars already on the ground. And all we're asking for as we approach the finish line is these little in between pieces. But I do need the document to reflect this master project, and that would be most helpful. Thank you. CHAIRMAN COYLE: Thank you, Ellie. September 27, 2011 MR. MITCHELL: The next speaker is Kathy Worley. MS. WORLEY: Good morning. CHAIRMAN COYLE: Good morning. MS. WORLEY: I just have a question. Does the approval of this plan make the recommendations of the Boat and Beach Access Report set in stone, or does it give them more weight, or can these recommendations that are in that report be vetted on an individual basis? I specifically have concerns about the Clam Pass -- new beach facility at Clam Pass and the Barefoot Beach kayak launch. COMMISSIONER HILLER: I actually would like the same questions answered. I have the same concerns. CHAIRMAN COYLE: Do we have any more speakers, Ian? MR. MITCHELL: No, sir, we don't. CHAIRMAN COYLE: Okay, staff, can you answer? MR. OCHS: Commissioner, these are plans, they're master plans. Each one of these projects will have to be budgeted, approved by the appropriate advisory boards and the Board of County Commissioners before they ever become real, real projects. CHAIRMAN COYLE: Can you address the issue of why the Gordon River Greenway was left out? MS. RAMSEY: It was an oversight. We'll add it in. It was put in the conservation side as preservation, but the park side was not included in the recreation side. So we'll add that. CHAIRMAN COYLE: Okay. Now, let's answer Commissioner Hiller's question with more specificity. Are these projects locked in stone or will they be individually considered at an appropriate time? MS. RAMSEY: They're individually considered. And as you know with the Clam Pass, we are currently in a design plan for that and have been having conversations with Pelican Bay for approvals. And as we go through the process, we'll continue to vet that with the communities in the public meetings, et cetera. Page 39 September 27, 2011 As far as the back bay pier, if you recall, that is a developer contribution that came to us from Aqua. And when they get the second tower built, there's $2 million coming our way. One of the PUD documents says that there will be a back bay pier into the preserve, which was to help us limit where boaters were accessing the park. They're accessing it on the tip, which is a little bit dangerous, and so we wanted to give them an access point to continue to use their boats to get to the facilities but do it safely. And of course that's probably a number of years out yet as we're looking to have that new tower completed. So each and every one of them will comeback forward when we get the green light for funding purposes from the Board. CHAIRMAN COYLE: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Thank you very much. Yes, as I watch this I thought one thing was missing, possibly nobody ever mentioned it. I think I'm the only one that's ever mentioned it. I think we need a remote control park for remote control planes, remote control boats, whether they be sailing or motor, and remote control cars. And I wish we would expand our vision to being a little more creative. That's something that a lot of people in our community play with, use, enjoy. Sometimes, like for instance with the remote controlled airplanes, kids that are totally handicapped and can only sit in a wheelchair can still use the remote control planes. I watched one kid do it. Totally paralyzed except for this one finger and he could operate the planes with it. They had to put the planes on the ground for him and they had to help him. But I think a lot of fathers and sons or grandpas and sons or even male role models and young boys could utilize a remote control park. And I would hope that we could at least add the idea into our park system. The second thing I wanted to say is you talked about Manatee September 27, 2011 Park and you talked about it under athletic fields. I realize this is something Parks and Rec has been pushing. Not the community surrounding it. And I just want to make this very clear. Very clear. We had community meetings with over 200 people in attendance. Manatee Park is located right in the middle of retirement communities. That's all there are there. I realize Parks and Rec wanted to add a soccer complex in there. Can you imagine how that will destroy the retirement communities that are surrounding that park? Because soccer doesn't start until after 6:00 at night and it goes with the loudspeakers and the lights. Those people will never get any rest. And I just -- I worry for them. So then Parks and Recs said they sent out a survey. I said I wanted to see the survey. They showed me. I said, I want to see who answered it. And it's interesting, there were just a smattering of people that were on this survey that were around this park, but the rest of them were in zip codes 34117, 34116, 34120, 34103, 34102. I mean, they don't even live in the area. Yeah they wanted to see a soccer park, I don't blame them. But the people that live there are saying we'll never be able to live here if you do that to us. Please don't do that. And so I want to make note that I do not believe that athletic fields and soccer fields are appropriate nestled amongst retirement communities. There isn't even anything else but retirement communities there. That's not fair to those people. And I've said this before repeatedly, and I'm saying it again, I want that removed from there. I want to at least put a park in there that would not only appeal to the people in there but something we don't again have in our park system. We don't even have a park for retired people, a place where retired people could go to take their grandkids and maybe -- there's a little lake there, they could have remote controlled boats in the little lake. That would be appropriate Page 41 September 27, 2011 for them. They could have walking paths, they could have biking paths, which have become very popular with our residents. And, in fact, some of the communities that are now being built -- eliminating the golf courses and putting in hiking and walking paths and biking paths. I think this would be a perfect location for that. Anyway, so I want to make that known. I do not want to include that. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Would it be too much to ask when you bring these capital improvements forward, also attach for everybody to see the annual operating costs and where you propose to get those? MS. RAMSEY: Okay. COMMISSIONER HENNING: I think that's very important for not only the Board to consider that when it comes forward, but also our advisory boards. MR.00HS: Commissioner? MS. RAMSEY: Commissioner, we did include that with our recommendations in the executive summary. COMMISSIONER HENNING: I see that. MS. RAMSEY: Okay. I just wanted you to know that we have started to do that, as you guys had requested earlier. COMMISSIONER HENNING: Okay, and that's -- I think that's very good information. MS. RAMSEY: I agree. COMMISSIONER HENNING: And I'll be asking you where you're going to get the funds when it comes forward. MS. RAMSEY: I understand. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you, sir. I think you're doing an excellent job. If anything has ever been Page 42 September 27, 2011 vetted in the public in a meaningful way, it's been this master plan. I know there's been a lot of strife over it and a lot of input. The direction you got here is not wrong, it's just lacking in money to make it work. We know the realities of what the financial situation is today. However, with that said, I do think that we need to be creative to reach our two top objectives, which is both the Big Island Corkscrew Park and Eagle Lake Community Center. And we need to always be looking forward. I know right at this point in time you're working on a grant from the federal government to try to bring around Eagle Lakes a little sooner than later. Can you give us a small progress report on that? MS. RAMSEY: Yes, sir. We are right now putting together the document that we can bring back to you for approval for that grant to give it to the Parks and Recreation Department so that they can begin the construction. There's just one holdup on that. It's a Section 3 area within that document that we're trying to finalize county -wide. And as soon as we have that finalized we'll bring it forward. The goal is probably the end of October or our board meeting in November. COMMISSIONER COLETTA: That's wonderful. I support that direction. But I also want to make it plain and clear that the people of Big Island Corkscrew are waiting very patiently, and we have to be proactive in finding a solution for this to move it forward, at least to the planning stage where we have something that's meaningful, a shovel ready project at some point in time in the near future. But thank you very much. I make a motion for approval of this master plan. CHAIRMAN COYLE: Motion by Commissioner Coletta. Is there a second? COMMISSIONER HENNING: Second. Page 43 September 27, 2011 CHAIRMAN COYLE: Seconded by Commissioner Henning. We have comments by Commissioners Hiller and then followed by Commissioner Fiala. COMMISSIONER HILLER: Yeah, Marla, I want to build on the point that Commissioner Henning made. I'm very concerned about the lack of funding available for the operations of the parks that have been shortlisted. And you and I have spoken about the fact that there have been so many projects that have been added to your department, and you just don't have the operating funds to support these projects. Now with the short list the annual operating cost for your division would increase to the tune of 2.9 million, and we have no idea where that money's coming from. I mean, it's just ridiculous. Absolutely ridiculous. You know, even our existing projects are having problems supporting themselves. The Water Park, which should have been self - funding last year, suffered a loss of 299,000. It didn't even cover its cost. I went through the plan and there were serious concerns expressed by the public with respect to numerous elements in the plan. One of them being beach and boat access. Specifically the recommendation in the plan for beach parking fees. You've got a proposal in here to charge all the residents and visitors alike, visitors are currently being charged, which would approximately raise $1 million to $3 million. We have as a matter of policy advocated for free beach parking for our residents. I can't support charging our residents a fee to use these beaches. So I'm left very concerned with the whole plan. I think there are elements which are positive, but there are too many elements which I think go against the public's interest and, quite frankly, based on our financial future are completely unrealistic. But thank you for your efforts, nonetheless. CHAIRMAN COYLE: Commissioner -- County Manager, does September 27, 2011 staff want to respond to that? MR. OCHS: Well, Commissioner, again, this is a master planning document. It's a 20 -year plan or more. The 2.9 million in operating would only occur under -- if I understood Commissioner Hiller's comment, you know, that's if all those projects came on -line in the same year, which is not going to happen. Many of the projects -- COMMISSIONER HILLER: At some point these all -- MR. OCHS: If I could, ma'am. Many of these projects are still in the concept stage, not even the design stage. I think you've heard Mr. Tindale say that some of them are still dependent on road access, which the road hasn't even been built. So I think that these projects will come on over a series of years. And again, just like every other capital project, will come to the Board for funding authorization. It will be -- you know, the design and the construction will be advertised and brought back to the Board for consideration. You will have many opportunities to vet these individual projects and determine whether or not you want to move forward with them. CHAIRMAN COYLE: Okay, Commissioner Fiala? COMMISSIONER HILLER: Can I respond to -- CHAIRMAN COYLE: No, Commissioner Fiala was next. COMMISSIONER FIALA: Thank you. I'm sorry I cannot vote for this because of the Manatee Park portion of this. I just -- I think that that's going to destroy the lives of people surrounding that area. And as long as you push for athletic parks in there, I mean athletic fields, I can't support that. I do want to add my support for Big Island -- what is it? CHAIRMAN COYLE: Big Corkscrew Island. COMMISSIONER FIALA: Big Corkscrew Island. I know that that's desperately needed out there. And I certainly support that. And I want to add also, when Commissioner Hiller was talking Page 45 September 27, 2011 about costs, one of the good things is with the Eagle Lakes Community Center, if we get that built, and I'm happy that we're pushing forward with that. Marco Island YMCA has volunteered to at their own expense conduct the summer programs for the children and also the after - school programs for the children. And that will relieve us of a great deal of expense in that park. So I just wanted to add that you might be able to figure that in with your figures. I noticed it was a little bit high and I thought, well, possibly we hadn't reduced it by that amount. Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Well, I think we should let Marla respond to that. Would you, please? MS. RAMSEY: Well, I put up on the visualizer the master plan recommendation as it relates to the developing of the Manatee Community Park. And the reason that we receiv -- got to this particular point is that there is a need for some athletic fields in the East Naples area. And because we own some lands there it just -- as part of the recommendation, you don't have to purchase additional lands. That's why active parks were placed on top of that. But Commissioners, you know that you have already approved an agreement and a consultant is working on a design that does not have an athletic complex at this park. We're working with the school district, do share lakes, and we're getting ready to finalize that plan. And then of course we'll have to let it sit for a while as we look for funding. But at this moment in time there are no plans. It was reiterated from the community that they want that to be more of a passive facility like it was at Sugden, and so then the challenge for us is to look to see how we're going to address the athletic needs in that area. And there are some additional maybe opportunities as larger ff-IMA September 27, 2011 developers come in who want to do something other than agriculture in the future. COMMISSIONER FIALA: And I understand that. And I've sat in on those planning meetings. And the plans were -- they met with the residents' approvals and they all had their input and it was wonderful. And that's why I was surprised that all of a sudden football and athletic soccer fields were added into it when that wasn't in the plan at all. I mean, if it isn't in the plan, why are they in the master plan then for that particular park? I will definitely encourage you to find other lands. And I bet as Six -L Farms comes on board and we negotiate with them, that you'll be able to find a place for those athletic fields. But why would you add it into the Manatee Park and then just say standing there at the podium that that wasn't part of the plan? Why would you add it in the master plan then? MS. RAMSEY: It's an option for you, Commissioner, to look at. COMMISSIONER FIALA: No, it isn't. It is not an option that I'm going to look at. MS. RAMSEY: Well, I understand that, ma'am. But it is an option for the Board as a whole to look at to see which one makes more sense. And you see the very last line, this is the kind of issue we're close to with the neighbors to ensure that the least intrusive method of developing the park, which is what we have currently done and what we're in the process of doing. COMMISSIONER FIALA: Well, if you can remove the athletic fields and soccer fields from this, then my vote will side with you. But otherwise, I cannot. MS. RAMSEY: It's up to the will of the Commission. COMMISSIONER FIALA: No, it isn't. You've put that in there -- well, I realize we're all going to be voting on that. But, I mean, I don't even know why you added it in the first place. Okay. CHAIRMAN COYLE: Commissioner Hiller? Page 47 September 27, 2011 COMMISSIONER COLETTA: You passed me over. CHAIRMAN COYLE: Oh, did I? Okay, all right, I'll turn your light off. COMMISSIONER COLETTA: Thank you very much. Listen, in the past, about four or five different times over the years we had the issue of beach parking stickers being charged for. There was suggestions all the way from $5.00 to 50 some dollars in the past. Realizing that even $5.00 just opens the doors to something that will never stop. And I realized in the master plan and other master plans it will rear its ugly head again and I have opposed it many times in the past. Commissioner Hiller brought up a very good point. You know, if it's in the master plan, it gives it a little bit of credibility. I redo my motion to include the approval of the master plan but to strike any reference to beach parking stickers charging for them. MS. RAMSEY: Okay. COMMISSIONER HENNING: I'll accept that. CHAIRMAN COYLE: Okay, Commissioner Hiller? COMMISSIONER HILLER: Leo, one of the biggest problems we as a county have had over the past years is we have approved the construction of infrastructure without consideration of the carrying cost. And a proper master plan should consider realistically whether we will be able to carry the projects we're proposing. And I don't think this one does. I don't want to be in the same situation with parks that we're in currently with transportation. We're facing a funding shortfall. At a minimum right now we know from one study that there's at least $20 million in repaving costs for these roads in basic maintenance that we have to look to fund in the near future. And that doesn't contemplate the replacement of bridges and the repair of bridges, among other transportation related repair and maintenance costs. The last thing I want to see is for us to contemplate parks where September 27, 2011 we are going to have very high operating costs to maintain those parks and not have the funds to cover those costs. I don't think our future financially is that rosy that we can just sit there and say we don't have to worry, when the park is built the money will be there. And a proper developed plan would contemplate that now. This plan doesn't. I spoke to Marla. In fact, I met with Marla, I met with Barry. And I think you were in the meeting too, right, when we talked about that, Gary? And there is concern about that. Your staff is concerned about it. I'm concerned about it. And the public is concerned about it. CHAIRMAN COYLE: We've got two sets of obj ections to the plan expressed by the Commissioners so far. One set consists of concerns about the types of parks and the activities contemplated in them. Commissioner Hiller's concerns are with the future carrying costs of the plans. And I'll address those separately. But it appears to me that if you have something in the plan that is objectionable to the Commissioner in the district, we should do something to accommodate that. Because you might not get approval for the plan at all if there are three Commissioners who object to elements contained in the plan. So I would give -- I would give guidance to you that if you want to see this plan approved, you're going to have to address the concerns expressed by Commissioner Fiala and Commissioner Coletta. COMMISSIONER HILLER: And Commissioner Hiller. CHAIRMAN COYLE: Well, that's the second part. COMMISSIONER HILLER: No, no, with respect to projects in my district. CHAIRMAN COYLE: Now, the cost of -- the carrying costs, the operating costs of parks is of course a concern. But to expect that you don't do a long -range plan now because you don't know what the revenues are going to be in 10 years from now is foolish. We do long -range planning all the time based upon those assumptions. O i• September 27, 2011 And the safeguard here is that in order to build anything, you have to come back to us anyway. And before we approve anything, we deal with the costs of operation. Contrary to what Commissioner Hiller has said, that we ignore those things. We don't ignore them, we consider them at the point in time when we're making a commitment to build a capital project. And if we don't have revenues to operate the facility, we don't approve the construction of the facility. That is just common sense. But to disapprove a long -range plan because you cannot today identify the source of revenues 10 years from now essentially means you don't do any long -range planning at all. And I think that's not a good policy for us to pursue in the Board of County Commissioners. So I am very sympathetic to the issues raised by Commissioner Fiala and Commissioner Coletta, but we are pursuing these capital projects in the proper manner. We're planning them out for a long period of time. And we will address the carrying costs before we ever commit to money to build them. It's that simple. MR. OCHS: Commissioners, that being said, the staff would be pleased to amend its recommendation to remove the reference to active athletic and recreational fields at the future Manatee Park, and also obviously to remove the beach parking sticker fee for residents that the Board has consistently found objectionable. CHAIRMAN COYLE: And I'm sure you will reiterate that before we build any of these facilities you will have evaluated the entire financial implications of doing so. MS. RAMSEY: Yes, sir. MR. OCHS: Yes, sir. As we always will, and you'll see that shortly in your five -year capital improvement plan that's associated with your AUIR process; you'll see that for every area of capital expenditures. CHAIRMAN COYLE: Good. Thank you very much. Commissioner Fiala, were you next? Page 50 September 27, 2011 COMMISSIONER FIALA: No, I think it was Hiller, but could I -- I want to comment on that. Thank you, Leo. I would like to also make sure that we add the -- I know that you said it was going to be added, but the Gordon River Greenway -- MR. OCHS: Oh, yes, ma'am. COMMISSIONER FIALA: -- I would want to make sure to do that. I love the idea of the park fee eliminated. And also, yes, in the Manatee Park, being that we already have a design in place that's not even referenced on this thing, nobody could tell that there's really a plan for that park because it states something totally the opposite, if you would like to put in the plan that's in place as the Manatee Community Park and eliminate that, then I say go for it. And I appreciate you stepping in and saying that, thank you. MR. OCHS: I'll be happy to do that. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yeah. As I said, my position with respect to this plan, notwithstanding your comments, Commissioner Coyle, stand. And I also agree with Kathy Worley and her concerns about the beach and boat access. And I've expressed those repeatedly to staff and have heard the concerns expressed in the community. CHAIRMAN COYLE: Okay, thank you very much for the presentation. COMMISSIONER FIALA: I have a good news item that's on this that we can -- and that's the kayak and canoe park that is going to be opened in a couple of months that is at the entrance to Isles of Capris. It isn't mentioned here, but that is another great asset that we're working with the state on. And we should do something about press release on that, thank you. CHAIRMAN COYLE: Okay, do we have a motion? COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: By Commissioner Henning. Page 51 September 27, 2011 COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: And seconded by Commissioner Coletta? COMMISSIONER COLETTA: If I may, the other way around. Motion and seconded. CHAIRMAN COYLE: And it will incorporate the changes that the staff has stated. COMMISSIONER COLETTA: That's correct. I believe I do understand the fact that we're owning up to the fact that the greenway, that has to be recognized. It doesn't mean that we're strewing the order in any particular direction, but the fact that it does exist and at some point in time it has to be dealt with. And the issue of manatee, did we resolve that? MR. OCHS: Yes, sir. CHAIRMAN COYLE: And remove the reference to? MR. OCHS: Active recreation. CHAIRMAN COYLE: Beach parking? COMMISSIONER COLETTA: Beach parking? At Manatee? MR. OCHS: No, sir. COMMISSIONER FIALA: Yes, yes. CHAIRMAN COYLE: Commissioners, okay, let's -- COMMISSIONER COLETTA: We already have that in there about the beach parking stickers being removed from there as a revenue source. MR. OCHS: Yes, sir, we're going to remove the reference to beach parking stickers, eliminating the active recreation uses at the proposed future Manatee Park and also add in the Gordon River Greenway into the recreation component of the plan. COMMISSIONER COLETTA: Does this meet -- COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: --needs? Okay, fine. CHAIRMAN COYLE: All in favor, please signify by saying Page 52 September 27, 2011 aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, the motion passes 4 -1 with Commissioner Hiller dissenting. We're going to take a 10- minute break for the court reporter. We'll be back here at 10:40. (Recess.) MR. SHEFFIELD: Commissioner, you have a live hot mic. CHAIRMAN COYLE: Thank you very much. Ladies and gentlemen, the Board of County Commission meeting is back in session. Where are we going now? Item #1 OC RECOMMENDATION TO APPROVE LOCAL COORDINATING BOARD RECOMMENDATION FOR THE PROVISION OF PARATRANSIT SERVICE IN FISCAL YEAR 2012, INCLUDING COMPLETING A REQUIRED TITLE VI FARE EQUITY ANALYSIS TO EVALUATE IMPACTS OF A POTENTIAL FARE INCREASE TO THE RIDERS AND BUDGET FOR THE COLLIER AREA PARATRANSIT SYSTEM; AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $2500 TO FUND THIS ANALYSIS — APPROVED MR. OCHS: Commissioner, you're on Item IOC. It's a recommendation to approve the local coordinating board recommendation for the provision of paratransit service in fiscal year Page 53 September 27, 2011 2012, including completing a required Title VI Fare Equity Analysis to evaluate impacts of a potential fare increase to the riders and budget for the Collier Area Paratransit System; to approve a budget amendment in the amount of $25,000 to fund this analysis. Michelle Arnold, your Director of Alternative Transportation Modes, will present. CHAIRMAN COYLE: Okay, Michelle, go ahead. MS. ARNOLD: Good morning. For the record, Michelle Arnold, Alternative Transportation Modes Director. If you all recall, we were before you in June to discuss a paratransit services, and at that time the Board approved a budget amendment to allow us to continue services through the fiscal year -- or this current fiscal year, and that was in the amount of $1 37,000. At the time the Board also requested that staff look at paratransit services and come back to you to provide information for future years, future fiscal years, for the continuation of that service. We've done that, and we've also been with the public presentations. We've also discussed the matter before the local coordinating board. And what I have for you is a presentation that was presented to the local coordination board, as well as their recommendation. I'd like to go through that presentation now and also then provide to you the recommendation for future service for paratransit. The presentation's up on the screen. What Collier Area Paratransit consists of is a coordinated system reflecting TD, transportation disadvantaged, services, Medicaid services, as well as ADA services. In 1999 the county became the coordinated transportation coordinator -- community transportation coordinator. As such, we offer paratransit services to the community of Collier County. At that time the service was provided predominantly by a private provider. And in 2006, at the demand of the public, the service was taken Page 54 September 27, 2011 in by Collier County. The local provider was no longer able to provide the service to the community, meeting its demands or could it afford to continue that service. The county took on the service in 2006 and we at that particular time became a coordinated system providing both fixed route and paratransit service. Since the inception of Collier Paratransit, the demand for paratransit service increased on an annual basis; fares have, however, remained the same. We have not increased fares over the years. Operating costs has increased, and the local government share as a result has increased to bridge the difference between the increase in trip demand and the decrease in grant funding that we've experienced over the last few years. Just to give you a perspective of how the system works, our paratransit system, as I'd indicated, provides Americans for Disadvantaged Act, ADA, service. And that is due to us providing fixed route services. That particular portion of our service represents 26 percent of our trips currently. The fare that we charge to riders that are qualified under that system is $2.00. The maximum fare that we can charge is $3.00. And that particular system is based, as I said, on the fixed route service, but it also has to do with those residents residing and going to destinations within three - quarter of a mile of our fixed route service. So only those people that are not able to take our fixed route and reside and have an origin or destination within the three - quarter of a mile would qualify under that particular system. We also as a community transportation coordinator -- and that is a designation that we receive through the Commission for Transportation Disadvantaged, and we have a contract with them to provide that service. We also under that designation provide Medicaid service, and that's also done through contract. The Medicaid service is provided to recipients that qualify for Medicaid. And trips that are Page 55 September 27, 2011 provided for that are strictly medical trips, and they represent 22 percent of our system. The current fare for that is $1.00. And the maximum fare, based on our contract, can be $1.00. So regardless of, you know, what we do within our system, we cannot increase that co -pay to the recipient. The other portion of the Transportation Services -- Transportation Disadvantaged, and that is provided to those recipients that don't have another means of transportation and live outside of an area where we provide a fixed route. So this is predominantly those areas where we don't have fixed route services. The types of trips that are provided for that represent 49 percent of our service base. The fare charge for that ranges from $0 per one -way trip to $6.00 per one -way trip. And that is based on income level. So those recipients that are below the poverty level pay $0 per trip, and, you know, at the highest income level they pay $6.00. And that portion of the fare structure is unrestricted, so it can be increased. There's no cap on it, but obviously we would have to do an analysis to determine the equity of that fare. We do have a small percentage of our transportation paratransit system that is represented by the Children Medical Services and Senior Services. They represent three percent of the trips that we provide. And those are services that they pay for their own trips. This next slide provides you some information on the growth of the paratransit trips over the years. In 2006, as I noted, is when we first -- the county first started providing those trips, and we started out at about 94,000 trips. For the balance of the fiscal year, we are estimating that we're going to be about 124,000 trips, and into next year reaching almost 130,000 trips. This gives you an idea based on the types of trips that we provide. As I noted, ADA is in blue, Medicaid is in that brownish orange color, TD is in green, and the other is a yellow mustard color. And those just gives (sic) you a breakdown for the increasing trips. Page 56 September 27, 2011 The types of trips that we provide have been increasing proportionally over the years. This gives you a monthly comparison to show the shift in the trips. It does go in waves. And, you know, based on the two years of comparison between fiscal year '10 and fiscal year '11, the trend is similar. We're experiencing a similar influx and increases and decreases as the year goes on. The program -- obviously in order to make sure that we are providing adequate services with the funding that is provided, there's four different variables: Number of trips. And those have been, as I noted, increasing over the years; the fare box recovery, which is a fare that is taken in. It has been stable over the years. It's been increasing obviously with the trips, but we have not increased the fare itself, subsidies for the county and other county -- other funding sources, such as Medicaid. We do receive some funding through that program to supplement. We also receive funding through the TD. But those funding sources have been decreasing, so we -- we've had to supplement or make more -- put more local dollars into providing the continued service of this program. The next step that we would have to do is make sure that we -- we're complying with all the Title VI requirements if we were to do anything with respect to changing fares to help compensate for the subsidies or the shortfall on that local funding side. We're recommending for FYI 2 that the coordinated system that currently is in place be continued. In order for us to make any changes for -- with respect to the fares, we would have to go through a Title VI Fare Equity Analysis. We're estimating that that analysis will be done within a six -month time period. Along with that analysis, we're required to do several public hearings and conduct stakeholder interviews and the like. We, as I noted in the executive summary, are proposing to do that. And the MPO is going to be assisting with the cost to do that Page 57 September 27, 2011 evaluation. The LCB supported this particular recommendation that we continue with the existing coordinated system through FY12. And upon the analysis, receipt of the analysis or the conclusions of the analysis with their recommendations, fares could be increased accordingly. And with an increase in fares, they would -- that would reduce the shortfall that we estimate we would be projected for FY12. I failed to note that at your budget hearing we did identify that there was approximately about 219,000 shortfall that we were estimating for 2012. When we complete the analysis, we would will be able to assess the exact amount more definitively to determine how a fare increase could offset that shortfall. And at the time that we are presenting the analysis to the Board, we would identify the exact shortfall and funding available that could make up the shortfall to continue the service through FY12. We're also recommending for the next fiscal year, FYI 3, we looked at the possible elimination of Medicaid services. As I noted before, we have a contract with the Commission for Transportation Disadvantaged to provide Medicaid services. That contract expires June 30th of 2012. At the time that I presented this to the LCB, we advised that with the Medicaid reforms in place, that the system would become a competitive system. So it would go out to the public and of course if the county wanted to compete to provide that service, they could. I learned just last week, actually, from the Commission for Transportation Disadvantaged that they would hope that the county would continue to provide Medicaid services. And they will probably, depending on what happens in the legislation in May, come to us with either a request to amend our contract, to extend it or, you know, to give us a new contract to continue providing services. So at that time the Board would be making the determination whether or not to continue Medicaid services. September 27, 2011 This proposal is suggesting elimination of Medicaid after the June 30th, 2012 text expiration date. We would then in 2012 utilize whatever fare increase we implemented in FY 12 to offset any shortfall. And as a part of our contract with the vendor providing operation services, we would have to do some contract negotiations to modify the number of trips. Because with the elimination of Medicaid, the number of trips would go down slightly. But Medicaid -- some of the Medicaid recipients wouldn't also qualify under our other programs potentially, our ADA program or our TD program. So it wouldn't necessarily be an overall reduction in trips. Also, the dollars that we are currently receiving from Medicaid to help with the cost for Medicaid would no longer obviously be coming to the county if we're no longer providing those services. The local dollars provided for Medicaid would help to offset the increase in TD trips that we're speculating that we would get if we no longer provide Medicaid services. The final recommendation presented to the local coordinating board was that in 2014 that we consider discontinuing our CTC designation, our Community Transportation Coordinator Designation. And what that would mean is we would only be providing ADA services, along with our fixed route service. That -- the TD services, as well as Medicaid services, would be provided by someone else. The funding, local funding, it's being recommended to put towards increasing our fixed route so that we could reduce the demand for TD services and provide ADA services to those recipients within a three - quarter of a mile corridor of the affixed route. This particular recommendation is not feasible until we do a comprehensive operational analysis, which is planned for next fiscal year. Hearing that, the local coordinating board thought that going forward with this particular recommendation was premature, that we should table this recommendation until the comprehensive operational Page 59 September 27, 2011 analysis is completed, and then with the recommendations of that analysis come back to the Board and determine whether or not the CTC -- it would be viable to the county to have the CTC designation remain or discontinued. In summary, we have a recommendation to have the services for the coordinated system continue in FY12. As a part of that recommendation we would be conducting a Fare Equity Analysis to determine what a reasonable fare would be to increase. And just wanting to let the Board know, during our public meetings we heard from the writers themselves, and they were very much in support of continuing the services and also providing an increase in fare, because they thought, you know, it's been several years since the fares have been increased. They would rather that there was an increase in fare rather than a reduction of service, that they were very much in favor of or supportive of our service, because it provides them in a lot of cases independence that they wouldn't necessarily have. It does provide -- takes some burden off of, you know, the working -- their daughters and sons and the like. So they were in support of continuing the service and as well as increasing the fares, in the recommendation for FY 13 to eliminate Medicaid and continue TD and ADA would be implemented with whatever fare increase that we noted. And then the third recommendation would be tabled at this particular point. We wouldn't recommend at this point to make a decision on the CTC designation. And if you all have any questions, I'd be happy to answer them. I do have two comments that I received via e -mail from agencies that weren't able to be here today because they had to be at other locations. I could read those into the record or I could provide it to -- should I? MR. OCHS: It's up to the Chair. We can either give them to the court reporter or if the Board wants them read, read them. CHAIRMAN COYLE: Can you summarize them? September 27, 2011 MS. ARNOLD: Yes, I can summarize them. One is request Joyce Graham, who's with Sunrise, and she is in support of the service, and basically is wanting us to keep Medicaid as a service, because of some of the -- her clients are very dependent on that service, and she supports the coordinated system. The other is from Ellie VanderMeuse, who's also with Sunrise, and she is, let's see here, again supporting the coordinated system and supporting Medicaid. Those are the summaries. CHAIRMAN COYLE: Okay. Now, Michelle, just for the benefit of the Board members, let's clarify exactly what you want us to do. The Fare Equity Analysis has to be completed before you make any adjustments in the fare for these programs? MS. ARNOLD: That's correct. CHAIRMAN COYLE: That is really the first step, isn't it? MS. ARNOLD: It is. CHAIRMAN COYLE: And the second step would be a decision to maintain the coordinated system and increase fares, only if the Fare Equity Analysis indicated that it was appropriate to do so. MS. ARNOLD: That's correct. CHAIRMAN COYLE: Okay. So -- and a decision to eliminate Medicaid and continue the transportation disadvantaged and ADA trips for FYI 3, I have to feel it's a little premature at this point in time, I mean, today -- MS. ARNOLD: Yes. CHAIRMAN COYLE: -- to make a decision to eliminate those until you've done the fare increase analysis -- the equity analysis. So if we were to boil your recommendations down, I believe that it would turn out to be a recommendation to do the fund transfer to fund the Fare Equity Analysis, and then based upon that we then could make some of these other decisions, perhaps, and we'd be better informed. Is -- Page 61 September 27, 2011 MS. ARNOLD: Absolutely. CHAIRMAN COYLE: -- that an appropriate way to continue? MS. ARNOLD: That's exactly what we'd like to see happen. CHAIRMAN COYLE: Then if we could make it clear that what you're asking us to do is to approve I think it's $25,000 for the Fare Equity Analysis; is that correct? MS. ARNOLD: That's correct. CHAIRMAN COYLE: Okay. Then -- and we narrow it to that only today, that would suit your needs; is that correct? MS. ARNOLD: Absolutely. Yeah, that was staffs recommendation. We just wanted to present to you all some of the information that we shared with the LCB. And basically, as you pointed out, the $25,000 would be what we would use as a first step and then come back to the Board at a later date after the analysis is completed. CHAIRMAN COYLE: Okay, good. MR. OCHS: Mr. Chairman, one point of clarification, real quickly. I think we said that part of the recommendation was a budget amendment of 25,000 to fund the equity analysis. And that's partly true. Our estimate of the cost and analysis is about 50,000. Half of that will come from the MPO. So what we need is a budget amendment out of para- transit reserves into the operating line item to allow us to match that 25 to do that. CHAIRMAN COYLE: Okay, so we're not making a decision to eliminate Medicaid or eliminate anything else at that point in time. MR. OCHS: No, sir. We just want to do the analysis on the fare. CHAIRMAN COYLE: Okay. So we have how many speakers? MR. MITCHELL: Sir, we have two speakers. CHAIRMAN COYLE: Okay. So we have two speakers. And the only thing we're considering today is the funding of a Fare Equity Analysis to see if the increase in fares is justified. We're not considering the elimination of any of these services today. Page 62 September 27, 2011 MR.00HS: Correct. CHAIRMAN COYLE: Okay. All right, then let's call the first speaker. MR. MITCHELL: The first speaker is Maria Segura. MS. SEGURA: Good morning, Commissioners. I would only like to ask a question, if maybe I could -- we could be helped. It's just that when we come out of dialysis; let's say we were supposed to be picked up at 3:00 in the afternoon. If we get out at 2:30 that's okay, we can wait half an hour. But then we have to wait in the bus, riding around because we have to wait for the people that work, you know, so they can come out. And then we have to go leave them over here -- I live in Immokalee, and we have to go all through the Estates, around Naples, Golden Gate, leave anybody else first, then to take us to Immokalee. By that time we're exhausted, tired, hungry. You know, we get out of dialysis sick. And, you know, we feel -- is there any other way or something that can be done where the transportation can take the ones that comes out from dialysis to Immokalee and not go around all Naples, you know? I think they will be sad, because sometimes I get home, I barely can get down from the bus, you know, from driving (sic) the bus three hours, two and a half, three hours of riding on the bus, leaving the people that -- patients that live here in Naples. So that was my question, is there any way that we can be helped, you know, to take us directly to Immokalee, the ones who lives in Immokalee? CHAIRMAN COYLE: Okay, staff, would you like to address that issue? MS. ARNOLD: I think the question is about having them have a direct trip as opposed to going with others? We do try to accommodate that as much as possible. However, the -- sometimes it's difficult just based on, you know, all the other providers that are collected on the way to the final destination for Page 63 September 27, 2011 medical or dialysis or something like that. We do have a requirement that we should not have recipients on the bus any longer than two hours, so we try to as best meet that requirement. So, I mean, we can talk to this particular recipient and find out whether or not there's an issue with hers. But to make it as efficient as possible, we do have to group riders. So we try to meet the two -hour window, as well as, you know, getting people to their destination as quickly as possible. MS. SEGURA: Yes, I understand that. Yes, ma'am. The only reason I ask, because one of the patients that goes in the dialysis lives almost close to 75, I -75. And his wife goes to the community, you know, for the -- where they go. So sometimes we meet the other bus leaving his wife, but we're going to come in to leave her husband at the same address. MS. ARNOLD: Well, I could talk to you off -line and make sure that we can address your particular situation. MS. SEGURA: Okay. MS. ARNOLD: Okay? Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: The next speaker will be Jim Klug. CHAIRMAN COYLE: Jim, you can use that podium there, if you'd like. MR. KLUG: Thank you very much. For the record, my name is Jim Klug and thank you very much for pronouncing my name correctly. I am here basically in support of the para- transit system. And I don't have any problem with the request that is being made for the analysis. I think that's fine. What I am concerned about is the trend that was exhibited in this presentation. And I just want to say that I think we're going in the wrong direction. We ought to be expanding this service rather than contracting it. And I think the presentation shows that we have a big Page 64 September 27, 2011 problem in fiscal year '13 and in fiscal year '14. And the problem should not be resolved by dismantling the service. And I think somebody ought to be looking in the future as to what we're going to do to resolve this problem. Thank you very much. CHAIRMAN COYLE: Thank you. And I think that's exactly what we're going to be doing. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay, Commissioner Fiala? COMMISSIONER FIALA: Yes, just a simple question and that's a legal question. Being that I'm chairman of the local coordinating board for the transportation disadvantaged, can I make the motion? And usually the chairman doesn't make the motion. And would it be like a hidden interest or something? MR. KLATZKOW: You don't gain any financial -- no, you're fine, ma'am. COMMISSIONER FIALA: Okay, fine. MR. KLATZKOW: It's like you guys also serve on the MPO where you have similar issues. You're fine. COMMISSIONER FIALA: Okay, thank you very much. And I would like to -- I know Commissioner Coletta's button is on, but I would like to make a motion. Commissioner Coyle summarized it beautifully. And I'm glad you came here, Mr. Klug, and are promoting it. These people are disadvantaged to a point where many of them have no other way to get anyplace without the transportation dis -- or the para- transit system. And I do want to support them in every way I can, so I'd like to make a motion to approve. Shall I go through the whole thing again or just -- CHAIRMAN COYLE: I think you can make a motion just to approve the transfer -- COMMISSIONER COLETTA: I'll second it. CHAIRMAN COYLE: Just to approve the funding of the -- Page 65 September 27, 2011 well, the transfer of $25,000 from reserves to fund the Fare Equity Analysis. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Motion by Commissioner Fiala. COMMISSIONER COLETTA: That includes it for me too. COMMISSIONER HILLER: I'll second it. COMMISSIONER COLETTA: I seconded the motion. CHAIRMAN COYLE: Do you also wish to make a comment? COMMISSIONER COLETTA: Well, just the fact that I -- Commissioner Fiala's been doing an admirable job on this group there for many, many years, and I trust her judgment on it. And I know she's not going to allow the program to fall off on the side of the road. CHAIRMAN COYLE: Okay, all in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. I think we have a time certain at 11:00 and we're exactly on time. Item # 101 PROVIDE TO THE BOARD OF COUNTY COMMISSIONERS INFORMATION REGARDING A REQUIREMENT TO OBTAIN A BUILDING PERMIT WHEN REPLACING A WATER HEATER, AS SPECIFIED IN THE 2007 FLORIDA BUILDING CODE AND COLLIER COUNTY ORDINANCE 2009 -59, AS DIRECTED, IN FOLLOW -UP TO SEPTEMBER 13, 2011 PUBLIC PETITION September 27, 2011 ITEM #6A — MOTION FOR A RETROACTIVE (AS OF TODAY) ONE - PERMIT AND ONE -FEE PERMITTING PROCESS AND STAFF TO WORK W /CBIA FOR CLARIFICATION — APPROVED MR. OCHS: Yes, sir. This is Item 10I on your agenda this morning. It's to provide the Board of County Commissioners information regarding the requirement to obtain a building permit when replacing a water heater as specified within the 2007 Florida Building Code, and Collier County Ordinance 2009 -59, as directed in follow -up to the September 13th, 2011 public petition, Item 6.A. Mr. James French will present. MR. FRENCH: Good morning, Commissioners. For the record, Jamie French. I'm the Director of Operations and Regulatory Management with the Growth Management Division. Just so you know, I'm purposely going to say State requirement at least three times during my presentation. But this is in response to public petition at your last meeting where you directed staff to come back and provide you an analysis of why a permit was required. With that said, if there's no questions -- I did submit quite a bit of backup information with my executive summary. I'll be happy to go forward with my presentation. Thank you. COMMISSIONER HENNING: I've already seen it. MR. FRENCH: Yes, sir. So essentially the single- family detached home, no permit is required for the allowable exemptions identified within the Florida Building Code, Section 102.2.5. And you'll see this caption was taken directly out of the State Statute, out of the state code. And this was approved by the BCC under Ordinance 2009 -59, which exempts the requirement of water heaters to get a building permit on all single- family residences. Multi - family dwellings and commercial structures, why we consider them the same is primarily because State of Florida, again, Page 67 September 27, 2011 state code, considers these to be individual dwelling units within a commercially architected or engineered structure. A permit by the code is required per the 2009 interpretation of the Florida Building Code by our former building official. That -- again, that interpretation was asked by this Board to take back to the Board of Adjustment and Appeals, which it was, for their opinion. The Board of Adjustment and Appeals at the time found in favor of the building officials' opinion. It then went on to the Building Officials Associations of Florida, which is a non - binding technical group that is identified by the Department of Community Affairs and the Florida Building Commission. Also found in favor of the building official's opinion at the time. And then from there it went on to the Technical Advisory Committee of the Florida Building Commission and then to the Florida Building Commission where a declaratory statement was handed down to Collier County from the state that said that there is a requirement for a water heater to have a building permit, or at least an inspection. So in this particular case, what we're giving you is an example of a typical condominium within Collier County. In this particular case we use an example of a second floor electric water heater that's been installed on a common wall of again a commercial structure with single- family or with dwelling units in that commercial structure. Potential risks that have been identified were for water damage. If in fact the water heater was not connected properly or it began to leak, you could have intrusion both to the neighbors beside you, as well as those neighbors down below you, which would eventually result in mold, structural damage or it could be personal property damage. Fire. Fire could be caused especially if penetrations were compromised with the installation of this water heater and if in fact the electrical connections were not made correctly. There is a firewall September 27, 2011 that is actually identified within the barrier walls of each of these individual units that encapsulates firewall ratings in between the units. What is required by state code? Licensed professional contractor. So you must be licensed, you must be properly insured, you must maintain your CEU's in order to maintain that contractors licensing. No impact to the firewall. Must have a hardwire electrical connection. It cannot have a flex cord. Electrical lockout or breaker box must be within plain sight of the water heater and the drain pan must be properly installed and plumbed to the outside. Again, the licensed contractor, as I said before, they are properly licensed with Collier County. They are properly insured. They also have their continuing education, their CEU's, and then there's consumer production offered through the Collier County Contractor Licensing Board as well as other state agency in the event that faulty installation takes place. They also maintain a level of protection to the consumer and other residents within the structure to ensure that the job was done right. This is an example of some firewall integrity. And again, this is just an example picture, it's not an actual case. This is what an inspector would look for. Now grant it, this is on a new installation, but you can see where these holes have been actually put into drywall and that the gaps in the firewall penetration must be properly sealed using fire caulk. Proper hardwire electrical connection with a lockout. And as you see here, the example -- this is just an example of a water heater that's been installed, pretty typical installation. We have flex pipe now connecting the water outlets, but yet you notice your electrical connection is in a conduit right next to a lockout. Now, that lockout is not necessary if in fact the breaker to that water heater is within plain sight of the water heater. If that were the case, then you would just basically have that conduit going directly into the wall. September 27, 2011 There's a caption here that is from an actual owner's manual of a water heater, just a typical electric water heater, which basically talks about grounding, which talks -- and you see some good examples there at the very top right where it actually shows a conduit being used versus a flex pipe -- or, I'm sorry, a flex cord. Drain pan installation. To your left is where a drain pan was properly installed. Granted, of course that's a gas water heater, not an electric water heater, but still it's not properly plumbed to the outside of the structure. Whereas on the right you've got one that again is no flex cord, it's conduit, but there's no drain pan installed. And then at the bottom is a properly installed drain pan that is plumbed. So in addition to the recommendation that we've made within our executive summary, we did have an opportunity last Thursday to sit down, like we normally do, about every six weeks, in an industry forum, members of the CBIA, members of DSAC, there's a member of the Planning Commission, that all sit down with executive or with senior staff down at growth management, and essentially what we do is we talk about how we could do better, where their business is going and what we can do for them. So clearly this was going to be a topic of conversation at this meeting, and it was. And part of the issues that we run into is that the county did receive a state mandated declaratory statement to state an inspection shall be required. And that was issued to our building department, issued to our building official. So our current fee is $110. Now, that $110 is broke up into $50 for processing the fee and plan review, and then there's a $60 inspection. We recognize that that inspection is a fixed cost. As this Board is aware, 113 receives no monies off the general fund for building activities or for the enforcement of the Florida Building Code, it's a pay -as- you -go building model enterprise fund. So with that said, we know we have a fixed cost of $60 every time we send an inspector out. Page 70 September 27, 2011 The alternative fee that was discussed with the group was that on consumer grade electric water heater replacements, one inspection where we would have a qualified inspector go in and both look at the electrical connection and at the water connection and to make sure the pan was properly installed and that there was no firewall penetration. There would be no plan review, because it is like kind. We recognize that the inspection is still going to cost us $60 and then we would charge a $5.00 processing fee. Now, the mechanics behind that is more from the administrative side. And we can do either that by having them call in, fax in, using the Internet. We still offer a limited digital plan submittal right now currently, we could roll it into that, and we'd have to identify that fee code within our current application for land development software. But it is an alternative. And originally within the executive summary I had suggested we go with a $75 fee, but in this particular case we've been able to determine that there's -- again, there's no plan review, it's simply one inspection. Now, if in fact the inspection fails, there would be another inspection fee. Because again, we are pay- as- we -go. So otherwise we would have to push that burden or the cost of that inspection off to either the permit payers or we would have to look for some sort of other contribution to offset those costs for the employee, for the truck, for the computer, for their time. I'm happy to entertain any questions that you may have. Again, I did identify within the executive summary as well and it's still out there. It's one of staffs suggestions that we have an adoption of the 2010 Building Code that's scheduled to come out on March 15th of next year, and we intend to work hand -in -hand with the industry to go back to the commission, if it's this Board's will, that we go back and we ask for another declaratory statement if it's not identified as to water heater replacement in these commercial structures, whether or Page 71 September 27, 2011 not they require a permit. CHAIRMAN COYLE: Thank you, Jamie. How many speakers do we have, Ian? MR. MITCHELL: Sir, we have six speakers. CHAIRMAN COYLE: Commissioner Henning, you want to wait, or you -- COMMISSIONER HENNING: I'll wait. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: I have a quick question for Jamie before the speakers -- CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HILLER: -- begin. How many counties do this? MR. FRENCH: I knew you were going to ask. We spoke about this yesterday, Commissioner. And I don't want to put words in our building official's mouth. But irrespective of what other counties do, he's the official for this county, and so this is the interpretation that's been handed down to him. So you know, that Mr. Harrison did reach out through the Building Officials Association, State of Florida, and he polled 78 different municipalities and counties, of which 56 of them all require, including your Palm Beach counties and cities, water heater permits, ma'am. COMMISSIONER HILLER: And can you clarify again, this opinion that was handed down from the state to us, with respect to those counties that don't do this, can you explain why the state hasn't given opinions to them, telling them that they have to? I mean, it seems a little unusual that there are counties out there and municipalities that don't do it. And of what you listed, I don't know how many are actually counties and how many are cities. Could you break that down? MR. FRENCH: Ma'am, just from high level here, I'd say it's Page 72 September 27, 2011 about half and half. COMMISSIONER HILLER: Half and half? MR. FRENCH: Yeah. COMMISSIONER HILLER: So about 30 counties do it? MR. FRENCH: This is almost like a message board, where it's -- whether or not you're a building official. And I can't access this. Only a licensed official or licensed plan reviewer or inspector can access this data. But the thing about it is, let's say they didn't check their e -mail that week. And this was pretty last minute, Gary put it out there -- COMMISSIONER HILLER: Sure. MR. FRENCH: -- and this is what came back. But I would tell you that once the declaratory statement is issued, that declaratory statement's for everybody. That declaratory statement's not just for Collier County. And if you choose not to follow the declaratory statement, then that licensed official -- and I can have Mr. Harrison come up and talk a little bit more about that with you -- I believe he puts his license and the license of all of his inspectors and the license of all of his plan reviewers in jeopardy. COMMISSIONER HILLER: So for example, Lee, which doesn't have this requirement, is in jeopardy? All their inspectors are in j eopardy? MR. FRENCH: Ma'am, what I would say is that the Florida Building Commission is not an enforcement agency. So unless there's harm that has been done to a homeowner or to a business as a result of a building official or a licensed official not following the code, they run the risk of penalties. But the Building Commission does not go out and actively -- like we have code enforcement. They're not a code enforcement agency. So that risk would be probably handled through litigation. COMMISSIONER HILLER: Private litigation. MR. FRENCH: It could be. Page 73 September 27, 2011 COMMISSIONER HILLER: Okay. Because, I mean, it makes it sound as if Lee is doing something terribly right. CHAIRMAN COYLE: No, it makes it sound like we're doing something terribly right. COMMISSIONER HILLER: No, it makes it sound like -- CHAIRMAN COYLE: Call the first speaker, please. MR. MITCHELL: The first speaker is Allan Reeves. MR. REEVES: Thank you, Board. I'd like to start out -- well, first I'd like to thank Commissioner Coyle and Commissioner Hiller doing my job for me. You made very valid comments on how wrong this is. I'd like to start out with turning in a copy of my petition that we sent around to different plumbing contractors. Right now it's 33 of my competitors and 87 plumbers have all signed my petition against these water heater permits. So whoever I turn that into. The declaratory statement that Mr. French was talking about, in that -- I've got to skip around in my speech here because now things have changed a little bit. The water heater permits, they started when that Florida Building Code -- it did not say that replacing a water heater did not require a permit. And I read that right, it's a double negative. They're saying that since it did not say it didn't need one, then that must be interpreted as yes, it does need one. And just because it's not in there doesn't mean that that's a yes. COMMISSIONER HILLER: That's definitely a correct interpretation. MR. REEVES: Yeah, if it's -- you know, if it was intended it would most definitely have been in that code book. Everything is in code books. They cover everything. Ask anybody sitting over there. Now it comes that, you know, some of the presentation that Mr. French made about what they're doing to inspect these water heaters, you know, he's pointing out simple things like drain pans, penetrations Page 74 September 27, 2011 in the firewall. Where does all that end? If I go and change a water heater like I'm going to do as soon as I leave here, going back to work to do water heaters, if there's a little drywall missing from around the pipe coming through the wall, now I have to tell my customer that on top of the permit fee, the electrical upgrade, a possible reinspection, now I've got to fire caulk all the penetrations coming through the water heater. What's that cost? Now that we went from $500 up to 900, $1,000, now fire caulk's in. I don't know, where's it going to end? If somebody needs an icemaker hooked up, a two - minute job, that's $110, but oh, the outlet is from the Fifties when things weren't the greatest, if we're downtown Naples. I guess that's going to be a little bit more. So now a simple little job, like an icemaker -- I know I'm running out of time. We're going on a real slippery slope here. And they say that, you know, you guys can't make the decisions on whether or not this is able to happen because of the state code, but that's your guys's jobs. You get to decide. It's just while the City of Naples being in Collier County, they don't have permit regulations right now. So if Collier County is requiring it but the city inside of them does not require it, you know, I guess they're on the list of bad people too like Lee County and Marco Island. I'll stop a little soon and I'll let the other five people get up here and see what they have to say. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: The next speaker will be Stephanie Reeves. COMMISSIONER FIALA: Followed by? MS. REEVES: Good morning, Commissioners. Thank you. My name is Stephanie Reeves, like he just announced. And my main objective today is to demonstrate to you how these water heater permits are a no -win situation for the licensed plumbing Page 75 September 27, 2011 contractors, the citizens of Collier County and the county itself. These permits are creating a no -win situation for the licensed plumbing contractors for many reasons, but the main reason is because of all the additional costs that are being imposed. Our price for water heater installation, like he just said, is roughly $500. But with the cost of the permit itself at 110, the electrical upgrade or the electrical connection codes being brought up is over $200. We had several estimates and the middle was $230 that a contractor would charge a customer. And then the additional cost for the inspection, if that's needed, is $60. That's over -- it's almost $900 just for a basic water heater installation. Well, today's economy, $900 is a lot of money for a lot of people. As a matter of fact, $500 is a lot. I mean, it's really -- times are hard at this particular moment. And in Naples, Florida, you'd think this wouldn't be an issue, but it certainly is. Several years ago we had a plumbing showroom with high -end faucets and fixtures. The majority of our work at that time was doing remodeling, high -end bathrooms, high -end kitchens. Today people are no longer purchasing high items, you know, like they used to. They're going with basics and they're going with necessities. Even a few years ago water heater prices were higher than they are today. But to keep up with the faltering economy, we've had to change our business focus and we've had to regroup. And in doing so we've had to drastically reduce prices just to stay in business. Now we're suffering a huge loss of business in Collier County specifically as a direct result of these permits, because people are not wanting and they're unable to incur these additional costs for just a basic water heater replacement. And like anything else, there's a domino effect. When we don't have as much business, not enough cash flow, unable to support the local businesses or unable to hire. In fact, our current focus right now is retaining the employees we do have, and we are trying to avoid lay -offs. Page 76 September 27, 2011 For the citizens of Collier County, these permits are creating a no -win situation, and they're suffering in the process as well. If they decide to have their water heater replaced the legal way, they're forced to pay a lot more money. In addition, they have to deal with scheduling contractors, scheduling -- you know, having people in and out of their homes, the inspectors. We've had at least four or five people where the inspectors didn't even show up that day. It's creating a big hassle for them. There's a loss of income for a lot of our customers; they're having to miss work, things of that nature. And of course that's an additional expense on top of just the overall cost of getting it replaced. Again, the local economy would suffer when they have less money to spend. They're unable to go to restaurants, do shopping, go to movies, things of that nature. We hear all the time how they're on fixed budgets and their accounts are dwindling and things of that nature. Then if someone decides they will do this the illegal way, which is often the case at this moment, they're using unlicensed individuals. And this is putting the general public in harm's way and creating issues for many when things go wrong from just one person using an unlicensed individual. The only ones that are benefiting from this are the unlicensed individuals. And I don't know if this Board really wants to support the unlicensed, but I would definitely hope that that answer is no. The county too is in a no -win situation because of these permits. The county says the main objective is to bring electrical connections up to code. They have told us specifically they are not concerned with the plumbing, it's the electrical portion. The plumbing is as straightforward as it gets. As long as there's no leaks at the connections, it's good to go. And they've said this numerous times. Like - for -like water heater replacements are self - explanatory, and there isn't a whole lot to inspect so it's the Page 77 September 27, 2011 electrical portion that is the issue. And with more and more people bypassing the permitting process and going with the unlicensed individuals, the county isn't accomplishing what they're even setting out to do. CHAIRMAN COYLE: Your time has expired. We'll give you the time your husband -- MS. REEVES: I have one paragraph and I'm finished. CHAIRMAN COYLE: Okay, go ahead. MS. REEVES: I just wanted to make a point that they're not helping the contractors, they're not helping the citizens and they're not helping themselves by accomplishing the task that they say that they're supposed to do. So right now what they are accomplishing or what they're helping us to do is put local contractors out of business, they're helping to put the general public at risk, and they're adding to the decline of our local economy. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: The next speaker will be Ron Summers, and he'll be followed by Kathy Curatolo. MR. SUMMERS: Hello. My name is Ron Summers of Summer's Plumbing. I've been licensed in the State of Florida since '89. I'll be dittoing some of the things that the previous speaker had mentioned, but I think first of all what I want to mention is oftentimes people think that spending more money is a better thing. Our -- I forget people's titles here, Growth Management James French had mentioned that -- I don't know if he mentioned or not, but the plugs that are installed for water heaters that were done way back when I first started doing plumbing as a licensed plumber are big, fat, heavy -duty designed for stoves. They handle 50 amps. Your typical water heater deals with 18 amps at a time. So back to my point. Spending more money is not necessarily a better thing. What they have in there is ample enough. Oftentimes Page 78 September 27, 2011 customers like the idea of when they want to disconnect their water heater they can pull that plug out. It's handy for emergencies. The problem that I have with this water heater issue is that I'm not a licensed electrician. And many of the things that are -- that James French had mentioned is that you need licensed contractors. So I find that when I change out a water heater and I don't do anything with the electrical but I'll wire it back up the way it is. Perfectly fine, 50 -amp plug, which is actually better than what they're making us put in. It handles 50 amps. The wires that they're putting in with the direct connect don't have to be the 50 -amp wires. But the county is making me responsible for that electric. And when I approach my customer and tell them, as our previous speaker had said, your water heater is almost doubled because now we have to get an inspection, that becomes a bit of a problem. I have an idea for the county and that is for the county to inspect my plumbing and then impose on the homeowner the rest of it, which would be the electrical. And let the county take the responsibility of going back there and re- inspecting a second time to have them change out something that really doesn't need it, but let the county take the burden off the plumber and not make the plumber responsible for the electric. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Kathy Curatolo, and she'll be followed by Fritz Sullivan. MS. CURATOLO: Good morning, Commissioner Coyle, Commissioners, county staff. Thank you for enabling me to speak on behalf of our local construction industry, with the Collier Building Industry Association. I'd like to read a quick statement to you. CBIA takes the position that the declaratory statement request was poorly worded and included dissimilar scopes of work under a similar permit question. The question was too broad and not singular in purpose with respect to the replacement of water heaters. Page 79 September 27, 2011 Until such time as a more specific and targeted question can be asked and a response provided, CBIA encourages Collier County to stay or at least minimize the application process and associated costs. In that vein, as an interim solution, CBIA has worked with Growth Management staff, quite collaboratively, I might add, to minimize the cost of this permit and provide on -line access to apply. Again, this is an immediate solution, but not a long -term solution. CBIA will work to prepare a targeted request to the Florida Building Commission on this issue as quickly as possible. Thank you very much, Commissioners. CHAIRMAN COYLE: Thank you, Kathy. MR. MITCHELL: Fritz Sullivan will be followed by Herminio Ortega. MR. SULLIVAN: Good morning. How are you folks today? CHAIRMAN COYLE: Good. MR. SULLIVAN: My name is Fritz Sullivan. I'm with Sullivan - Tassin Construction here in town. We've been in town for quite a while, a long history. There's a couple of things regarding this that concern me as a general contractor, certified state builder. Number one, code is code. I have to abide by it, submit my permits according with them on a regular basis. Yes, we have an over - burdened code book, yes, I agree. However, on behalf of the building and planning department in Collier County, in the years I've been doing business here regarding any type of code, any type of plan review, any type of question of you having construction whatsoever, that the permit has done a complete 180 - degree turn. And if you haven't -- have any of you folks pulled permits recently? I do it all the time. And I can tell you with heartfelt strength that this thing has changed completely. The way you walk into that office over there, the way those folks greet you, the way they treat you is completely different than even three years ago. September 27, 2011 CHAIRMAN COYLE: Is that good or bad? MR. SULLIVAN: It's excellent. It's absolutely excellent. Now, the knowledge and the depth regarding these water heaters, Jamie made a picture of a penetration. It's a safety issue. Fire caulk doesn't cost that much. You can do it on your own, you can buy it at Home Depot, can buy it at Lowe's. Doesn't take you that long to do it. In terms of electrical, I just want you to consider one thing: Regarding all of the towers west of 41, as a former Pelican Bay resident, I had a plug -in. Am I going to change it when I change my water heater? No. But if the code tells me as a builder that it's my responsibility to make sure it's done, yeah, I'm going to do it. The code in 489 state statute indicates that I have to obey the law. The law in this case is the code. I don't know what else you can do. Sure, I was partaking with Kathy Curatolo in CBIA on the application fee and there was talk of an on -line fee. But I think there's the perception in the community that community development, the building department is the evil empire, and they're not. What you've got is you've got a situation where the perception of what is needed to change a water heater out isn't getting out to the public. So maybe on the recommendation of possibly through the utility bills or whatever you can get something out to the public stating that you should have your electrical upgraded because it is the code. Simple as that. It's not a matter of trying to put plumbers out of business, it's not a matter of trying to put me out of business. I as a licensed contractor am required to hire mechanical contractors. It's all part of the game plan. And if there is a consequential cost of putting a disconnect in the scheme of things for public safety, I don't think it's a problem. In terms of fire penetrations in a highrise, I don't think it's right that it's not addressed in terms of wall penetrations that possibly exist. Because I go through these inspections every day, and I've had nothing but cooperation from the inspectors in the field. And you can request timely application and timely permit inspections, so -- September 27, 2011 COMMISSIONER HILLER: Can I ask a quick question? CHAIRMAN COYLE: Sure. Go ahead. COMMISSIONER HILLER: So do I understand that you support the permitting and inspections of the installation of these water heaters? MR. SULLIVAN: Yeah, I do. COMMISSIONER HILLER: Okay. MR. SULLIVAN: But I think the process needs to be changed. I think you can change it with a different type of application. I think you can change it with maybe going on an on -line system and then just break it out. But I think the most important thing as you as a Commission need to notify utility or you notify the public that the current code requires hardwired water heaters. Until that code's changed, I don't see how you're going to get around it. Thank you. CHAIRMAN COYLE: Okay, thank you. MR. MITCHELL: Sir, the next speaker will be Allan Reeves. MR. REEVES: Good morning. My name is Allan Reeves. I'm co -owner of Reeve's Plumbing. Ten days ago the Board proclaimed September 12th through the 16th as Industry Appreciation Week. My industry, the plumbing industry, is suffering the worst economic downturn in recent history. Collier County has an unemployment rate of 11.9 percent. The construction industry is even higher than that. We plumbers would appreciate the Board reconsider this regulation pertaining to water heater permits. The fees and permits were established by the Board and only the Board can suspend them. As licensed plumbing contractors, we pull permits for everything from new construction to remodeling jobs. Now we need one just for a water heater replacement. The City of Naples is exempt from this regulation. The City of Marco Island is exempt. Single- family homes in Collier County are September 27, 2011 exempt. One -third of the counties in Florida do not have these water heater permits. I and the other plumbing contractors of Collier County would also like to be exempt from this ridiculous regulation. Seriously, $110 fee to replace a water heater? What's next, a permit to hook up a washer and dryer? This is just another tax on the citizens of Collier County, but that's only if you live in a condo. If you live in an $8 million home in the City of Naples you don't need a permit. But if you own a duplex off of Bayshore Drive, you'll need to cough up $110 for each unit, if you're replacing both units, water heaters. That's $220 before I even get my tools out of my truck. All of you live in single- family homes, so you won't have to worry about this permit and this $110 fee. But there are people in our community that cannot afford this. This water heater permit ordinance has only been on the books for 16 months and now everyone is realizing how bad of an idea it is. Permits were not required until April of last year. What changed? Was it because that there was nothing on the books pertaining to water heaters and the building officials decided to initiate this action for a new source of revenue? Remember, this is at the same time that the federal government started the American Recovery and Reinvestment Act of 2009. That's that great stimulus plan that we've all heard about. My business cannot flourish in Collier County and we cannot grow with this regulation and these outrageous fees. This season will begin again soon and I am hopeful to hire four employees. That's jobs for Collier County. This regulation is a jobs killer. From the manufacturers that make these water heaters to the suppliers who stock them, to the truck drivers that deliver them, and finally to plumbers like myself that install them, we're all feeling the effects of this economy. 0_- September 27, 2011 You need to suspend this regulation and step aside so that we can get back to business, so that Collier County can get back to business. If not, my business will continue to survive and grow, but it will be in Lee and Charlotte counties. I will still do some work in Collier County, but more than likely it will be in the City of Naples or Marco Island. With the Economic Development Council closing its doors this Friday, businesses like mine need all the help we can get. In closing, we are merely asking you to be able to remove a leaking water heater and replace it with a new one, which only takes about an hour, without having to go down to North Horseshoe Drive, spending two hours to obtain a permit and forking over $110. Please suspend this ordinance immediately, if only temporarily, and agree to set up a time for a workshop for further discussion. Thank you. MR. MITCHELL: Sir, your last speaker is Herminio Ortega. MR. ORTEGA: Good morning, Commissioners. My name is Herminio Ortega. I guess the best way to say this is that Mr. Jamie French and Mr. Sullivan took my umph. But I'm in agreement with the permitting and inspection for the simple reason -- and we've had good arguments today, by the way. But I've been, for lack of a better word, a victim in multiple occasions where houses that we either rented, leased or even owned didn't have hot water heaters properly installed. They didn't have pans, they didn't have drain lines outside. I have physically seen these situations, single - family homes and multi- family homes. The important thing here is that for the licensed plumber like Mr. Summers who I'm sure isn't -- his reputation's impeccable. It's the public that I'm concerned about. It's the people that don't really know what they need or what they're supposed to have. And all of a sudden one day the hot water heater breaks and all that water goes in the house. Why? Because some handyman or somebody called a September 27, 2011 handyman to leave it and the handyman did it. That's my concern. That's why I'm pro the permit inspection process. The only way to preempt this thing from happening, of course provided they pull a permit. You can use the enforcement tools out there. Yes, if they catch a plumber not doing work in according (sic) to whatever they have to do, yes, you can go after them. But by that time it's too late. The damage is done. So how do you preempt this? The only way is through an inspection process, the only way. Why? Because a building permit does serve the needs of the community, needs of the public interest. A contractor, a business person -- and there's nothing wrong with that, just the way it is -- they serve their own interest. And that's right, there's nothing wrong with that. But I see the building department as a means to regulate, enforce or protect the interest of the public. And I think it's the only way, it's the only way to preempt anything from going wrong. Again, by the time they get the call, meaning the building department, it's too late. Or the lawyer for that matter. Then you have -- if it's a multi - family you may have one, two, three units been damaged. It's a single- family residence; you might have your roof cave in, your ceiling cave in. I have seen that. So these things are real. The arguments placed today before you are very real as well. They're very important. But we also have to look at it from the interest of the public. How do we preempt these things from happening? Thank you. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay, Commissioner Henning? COMMISSIONER HENNING: Correct me if I'm wrong, what I heard from CBIA. and Kathy Curatolo is that they're going to write a request for interpretation of the Florida Building Code on this issue. I appreciate that, you know. And to me it just doesn't make sense that we were required to have a water heater as far as a permitting process. September 27, 2011 But that is the Florida law, and we need to abide by it. And until we get that interpretation, and I'm sure Kathy would share it with us, I think we need to enforce it. The alternative that Mr. French or Kathy brought up I think is -- staff can initiate that without the Board direction. Is that correct, County Manager? COMMISSIONER HILLER: Initiate what? COMMISSIONER HENNING: Initiate a one fee, one inspection. Yeah. MR. OCHS: I was just asking Mr. French if we needed to come back with a resolution to revise our rate schedule to reflect a change. MR. FRENCH: Yes, sir. Commissioners, again, for the record, Jamie French. What I can do, if it's the Board's will, at the next meeting I would bring it back. If it's amenable to the Board, we would indicate that it's $60 for the inspection, $5.00 for the administrative fee. And it would point out that that would be inclusive of both one electrical inspection and one plumbing inspection. COMMISSIONER HENNING: Can we retroactive it today? MR. OCHS: I was just going to suggest that, sir, that we made it effective retroactively from today's date, if that's the will of the Board. That way we don't lose two weeks in applying this new fee. COMMISSIONER HENNING: Now, my next question I heard, I don't know if this is true, that the fire code officials have an interest in inspection of water heaters; is that true? MR. FRENCH: Well, Commissioner, and we did speak about this yesterday. We have had correspondence with our manager Tatiana Gust, with the Deputy Building Official Bob Salvaggio. The fact of the matter is that this is a commercial building and they are subject to fire plan review and inspections. They have come back and said so long as we are looking at them from the building department side, there's no level of interest at this point on their side to -- i• September 27, 2011 even get in there and look at these. COMMISSIONER HENNING: What about if we gave you direction not to request a permit for water heaters, did you get an indication from the fire department or fire -- MR. FRENCH: No, that's -- COMMISSIONER HENNING: -- plan review inspectors? MR. FRENCH: That's not a conversation that they would enter into, nor is a conversation that I had, sir. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Jamie, I heard some comments from people who thought that we did not properly ask the question. If the CBIA is going to ask for an interpretation, would it be too much to ask for the CBIA and the Collier County staff to coordinate the question that is going to be asked for clarification so we won't have a continuing argument about whether or not the question was asked properly? MR. FRENCH: And that was our intention, sir. Yes, sir. If that wasn't made clear, I apologize. But that is our intention, to work in a collaborative effort with our partners at CBIA. CHAIRMAN COYLE: Okay. So what we're going to do now is you're going to take action to implement the reduced fee and provide for only one inspection? MR. FRENCH: For both trades. CHAIRMAN COYLE: Yes, for both trades. And you're going to make that new fee, which will be $65 total -- MR. FRENCH: Yes, sir. CHAIRMAN COYLE: -- retroactive to today's date, right? MR. FRENCH: Yes, sir. CHAIRMAN COYLE: Okay. And you'll bring that back to us for approval at the next meeting. MR. FRENCH: I'll bring the fees -- I'll bring just that section of the fee schedule back, yes, sir. Page 87 September 27, 2011 CHAIRMAN COYLE: And then you're going to work jointly with CBIA to -- for CBIA to draft an appropriate question to ask for clarification on this issue? MR. FRENCH: Yes, sir. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Jamie, did you talk to the City of Marco, the City of Naples and to Lee County and ask them why they weren't doing the same? MR. FRENCH: No, ma'am, I did not. Mr. Harrison, our building official, is here. I know Gary did have some correspondence with a number of the building officials. COMMISSIONER HILLER: I'd like to know what the other municipalities and counties are saying as to why they're not doing it. MR. FRENCH: Sure. MR. HARRISON: Good morning, Commissioners. Gary Harrison, Collier County Building Official. I did talk to the Lee County building official, and this was about maybe two or three weeks ago, and his -- he didn't have any really good reason. He said they were looking at the old ordinance that they had drafted years ago, and he was still using the one where we use for -- with the exempt for single- family. And I pointed out to him, I said, well, you're not talking about single- family, you're talking about condos. And he really didn't have much of a response. So, you know, it's my job to enforce the Florida Building Code, the declaratory statement that was issued. If I don't do it, I'm subject to losing my licenses as far as -- along with the licenses of my employees. I did talk to Paul Bollenback from the City of Naples. They do require certain aspects as far as electric, but he was going to take it to their city council. And you have to remember that a lot of these jurisdictions were not doing anything until this declaratory statement was written. So September 27, 2011 now that the declaratory statement is on record, I'm sure that a lot of them are going to be looking at it and probably changing their idea of what they want for permits. COMMISSIONER HILLER: So now in order to install a water heater, if you live in a condo, you're going to have to hire an electrician and a plumber? MR. HARRISON: Yes. COMMISSIONER HILLER: Even if you're replacing the unit with an identical unit and you're not doing anything to change any of the electrical outlets? MR. HARRISON: Well, if it's hardwired, no, you don't need an electrical. I mean, they're allowed to -- the plumber's allowed to make that hookup. But if you're going from a plug -in to a hardwired, then yes, you need an -- COMMISSIONER HILLER: The transition. MR. HARRISON: -- electrical contractor. Yes. COMMISSIONER HILLER: Thanks for the clarification. MR. HARRISON: You're welcome. CHAIRMAN COYLE: Okay, is there a motion? COMMISSIONER HENNING: Yeah, motion to direct staff to retro- active a single inspection, single fee and bring back the amended resolution to the Board of Commissioners for adoption. CHAIRMAN COYLE: And to work with the CBIA in getting an interpretation, asking a question? COMMISSIONER HENNING: Absolutely. CHAIRMAN COYLE: All right, is there a second? COMMISSIONER COLETTA: I'll second it. CHAIRMAN COYLE: Seconded by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. September 27, 2011 COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Thank you, Jamie. What can you do in four minutes, County Manager? MR. OCHS: Nothing. CHAIRMAN COYLE: Okay, we'll be back here after lunch at 1:00 P.M. (Luncheon recess.) MR. OCHS: Commissioner, you have a live mic. CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commissioners meeting is back in session. We're going to go to our 1:00 time certain, which includes Item 8. Item #8A PUDZ- 2007 -AR- 12292: COPE RESERVE RPUD, AN ORDINANCE AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS COPE RESERVE RPUD. THE PROJECT PROPOSES A TOTAL OF 43 SINGLE- FAMILY DETACHED DWELLING UNITS IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING September 27, 2011 OF 14.3± ACRES; AND PROVIDING AN EFFECTIVE DATE — MOTION TO CONTINUE TO THE OCTOBER 11, 2011 BCC MEETING — APPROVED MR. OCHS: 8 sir, are your advertised public hearings. This item has been continued from June 14th, 2010 BCC meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. This is PUDZ- 2007 -AR- 12292, Cope Reserve RPUD, and ordinance -- amending Ordinance No. 2004 -41 of the Collier County Land Development Code, which includes comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps, by changing the zoning classification of the hearing described real property from Estates zoning district to the residential planned unit development zoning district for a project to be known as the Cope Reserve RPUD. The project proposes a total of 43 single- family detached dwelling units in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 14.3 plus or minus acres and by providing an effective date. CHAIRMAN COYLE: Okay, we'll start with ex parte disclosures by commissioners, with Commissioner Hiller. COMMISSIONER HILLER: I have no ex parte disclosures other than having received the summary report from staff. CHAIRMAN COYLE: Okay, Commissioner Fiala? COMMISSIONER FIALA: Yes, I've had -- I have a lot to disclose. I've had meetings with staff members. I've had meetings with the developer's representatives, Wayne Arnold and Rich Yovanovich. And -- COMMISSIONER HILLER: Yovanovich. Like that famous author Evanovich, just Yovanovich. And they're not related. Page 91 September 27, 2011 COMMISSIONER FIALA: I thought Yovanovich sounded really good. COMMISSIONER HILLER: It does, it does. COMMISSIONER FIALA: I also have quite a few pieces of correspondence that I have in this book that anybody is welcome to see. And those are e- mails, thank you. CHAIRMAN COYLE: Okay, I have reviewed the staff report 4.7.11, and any other meetings and correspondence are contained in my folder. If someone wishes to read it, I'll be happy to make it available. So there it is. Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir. The only thing I have to disclose is that I talked to staff and I read the staff report 4.7.11. CHAIRMAN COYLE: Okay, Commissioner Henning? COMMISSIONER HENNING: I received the Planning Commission's report. CHAIRMAN COYLE: Okay. Then our next step is to swear in the participants. Would anyone who is going to give testimony on this petition, please stand and raise your hand to be sworn in. That includes members of the public who are going to be making comments. (Speakers were duly sworn.) CHAIRMAN COYLE: Thank you. This item will require a minimum of four affirmative votes for approval. Mr. Arnold? MR. ARNOLD: Thank you. For the record, I'm Wayne Arnold with Q. Grady Minor and Associates. With me this afternoon is Mr. Yovanovich. And this project was originally scheduled for your summary agenda back in May. And the item was pulled at Commissioner Fiala's request in order for us to answer a few of her questions and also Page 92 September 27, 2011 have an opportunity to discuss with some of the neighbors some of their concerns. I just wanted to briefly point out that in this particular case the project that's 14 acres, it's all single - family detached dwellings with a maximum number of 43 units in them. I've had a chance to speak with at least one of the neighbors, and I think some of the concerns are based on past development on Cope Lane, a project called Falling Waters. I'm not sure I can do much to go back and revisit the history of that project, but I'm happy to discuss what I think our real issue seems to center on, improvements to Cope Lane. The project, I'm showing it on your visualizer, it's obviously a small project. But we have -- our access will be from Cope Lane. It made sense from many perspectives to use the existing Cope Lane right -of -way and easement that's there rather than create another access point on County Barn Road. With that, the county asked us to make improvements to the Cope Lane intersection to county standards, including putting in sidewalks, bike lanes, turn lanes, et cetera. And there are cross - sections in your backup documentation that demonstrate what we're required to do. And I think in some cases that's helpful for the neighbors, but in some cases I think that they're not so pleased with the level of improvements to Cope Lane, because the middle of Cope Lane is not being improved. But as you know, Cope Lane does not connect to your new Santa Barbara extension, it terminates at Santa Barbara, and I don't know that there's any immediate plans to make that connection. But with that, I'll answer any questions you may have, or if you want me to put up the master plan, I'll be happy to do that. I know we have one speaker from the public; might be helpful to hear what his concerns are. Page 93 September 27, 2011 CHAIRMAN COYLE: Let's call the first speaker, Ian. MR. MITCHELL: Sir, there is only one speaker and that is Skip Riffle. MR. RIFFLE: Good afternoon, Commissioners. CHAIRMAN COYLE: Good afternoon. MR. RIFFLE: Cope Lane has been a troubled spot for the last 15 years or longer. We've been promised a lot of things by developers. Their CO's have reflected their -- shall we say their items. For the check -off sheet they never reflected what -- they came in meetings with the residents and told us. And then when it came time to get their CO, they checked off everything on their sheet which started off once upon a time as far as we're concerned. Because what they told us that they would deliver and what they did deliver was two different things. Consequently, we are worried about Cope Lane. One, it's one -third of the length of approximately of Cope. You're going to improve it, all the bike lanes are going to stop one -third of the way down. Any improvements to the road, one -third of the way down. But with 41 residents, these friends, neighbors, traffic of law enforcement, emergency vehicles, people just wanting to look and have a look at the apartments for sale and all that, they're going to think they can exit out onto Santa Barbara, they're coming down the road. That road already has sinkholes in it where it wasn't properly constructed in the beginning, and it's going to affect that road. It was not designed to have that kind of traffic. There were nine residences on the road and that's all they really decided to build it up to handle. We were told in the very beginning that it would be brought up to meet county standards. We deeded our property over to the county. The residents even bought out other -- couple of the other residents who were reluctant to deed their property so that you could bring it up to county standard. The deeds disappeared for 20 years. And I went into records Page 94 September 27, 2011 here not long ago and bingo, there they were. But the county's never accepted the road. If all these improvements are done, will the county accept the road for maintenance? If they do, we don't have a problem. If they don't, we have a problem. Because the swales weren't improved, the water runoff is bad. The county is a participant in this as they own the first 660 feet of the road on the side of the lake. Are they going to stand with the residents and say let's improve the whole thing? It's beneficial to them too. So that herein lies the problem. This time around, if what is going to go down, we the residents would like the opportunity to sign what is going to be needed for them to get their CO so that we're all on the same page. Thank you. CHAIRMAN COYLE: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes, Skip, don't leave yet. So let me see if I understood what you just said. There were promises by the developer to then finish the road after he used his trucks and so forth to do Falling Waters. He was going to bring that road back up to county standards once they were finished, but that was never done. And they also promised to do the swales, but that was never done, is that what you're just saying? MR. RIFFLE: Yes. They told us that it would be -- it would not be logical to go and finish the road up and then run heavy traffic, you know, dump trucks full over it just to destroy it. But then once they were done they would finish it up, put in the swales, recap the road and fix any damage done by the trucks. COMMISSIONER FIALA: That's what I had understood you to say. And that's why I pulled this, because I felt if it's the same developer, would that then happen again. They haven't even fixed the first one and now they're going to do this again. And I fear for that. MR. RIFFLE: And I also might add that we're fearful of losing Page 95 September 27, 2011 our Estates status there. And we've been that way for the last 40, 50 years. COMMISSIONER FIALA: So we'll need to hear from Nick on that. Rich? MR. YOVANOVICH: Do you want Nick or -- COMMISSIONER FIALA: Well, you can respond to the first. Because I want to make sure that if we approve this thing we tie it up so tightly that nobody gets any permission to do anything until they've completed what they were supposed to do originally and until they've completed what they have promised to do this time and we've signed off on it to make sure that it's done. MR. YOVANOVICH: Well, there -- for the record, Rich Yovanovich. And I wish I was related to Janet Evanovich but I'm not. In this particular PUD we have got to do the Cope Lane improvements prior to obtaining any COs. So it's in the PUD document that we can't go forward with any COs until the Cope Lane improvements are completed. COMMISSIONER FIALA: The entire Cope Lane or just -- MR. YOVANOVICH: Related to this project. Now, the second portion, as you can see it, that's Falling Waters. The developer of Falling Waters in 1998, while Falling Waters was still under construction, sold the entirety of the project to TransEastern. TransEastern became the developer of the project. As far as the public records go, all requirements related to that PUD have been satisfied, and there are no code cases related to the Falling Waters PUD. And that actually came up as part of the discussion during the Planning Commission hearing, and your transportation staff went back and looked at the required improvements for Cope Lane, and there are no inconsistencies with the approved PUD. TransEastern as the developer had all obligations and is the party September 27, 2011 responsible for fulfilling all commitments related to that project. So we're kind of stuck because we're not the developer of that project. We went out of the development of that project in 1998. You can't get into a situation here where commitments are at the end of the deal where a developer could say I'm sorry, I'm done, I'm not obligated to fulfill those obligations. Because these improvements have to be in place at the front end of the project, bringing that road, at least for our frontage on Cope Lane, to county standards before we can get any CO's. So you will not have that situation again where a developer can wait till the end, because my understanding was it was always intended at the end when Falling Waters was done, and I wasn't around for that, but if there were commitments to bring that road up to a certain level, they were at the end of the project. We're doing it up front on this project. COMMISSIONER FIALA: They've had troubles with it ever since, because they've called me many times when the flooding took place, when the trucks got stuck, when the road is dipping and they can't get through their road. And we've called transportation, and our people have come out and tried to modify it to some degree to at least make it passable for these people. And this is over the years. MR. RIFFLE: On Page 14 of that document we sent you, I believe it said that the improvements to Cope Lane, the swales and the road, were supposed to be done by 1995. COMMISSIONER FIALA: Yeah. MR. YOVANOVICH: I don't know what document he's referring to, because I haven't seen a copy of it. MR. RIFFLE: That was the PUD on Falling Waters. MR. YOVANOVICH: I know we're consistent with the Falling Waters PUD. That I've been -- you know, your staff evaluated that as part of this hearing. Although they're separate properties. COMMISSIONER FIALA: Shall be completed by June 16th, Page 97 September 27, 2011 1995. MR. RIFFLE: That's when you're still owning it. COMMISSIONER FIALA: Yeah. As prepared by Q. Grady Minor. MR. ARNOLD: Commissioner Fiala, I wasn't with the firm at the time, but yes, our firm had been involved with Falling Waters. And as far as I know, all of the improvements that were contemplated and required under that PUD were satisfied. COMMISSIONER FIALA: Well, see, and the residents are saying they aren't. And I've been down that road and it certainly doesn't look like it. And they didn't do the landscaping as they were supposed to. I think that there's more discovery needed on this before we can move any farther. I just worry that the same thing is going to happen to these people and they have nobody to protect them. MR. ARNOLD: Well, I think there's a couple of distinctions. One, what's in the PUD document doesn't mandate that it become a county road and to county standard. I think that there is a discrepancy there. While I agree with Mr. Riffle that the deeds were turned over to the county, the county's never accepted this as a county road, per se. And I don't believe it was contemplated as part of your improvements to Santa Barbara and County Barn Road that Cope Lane was going to become a through road. COMMISSIONER FIALA: They're not asking for a through road, they're just asking that Cope Lane be brought up to the standards that the developer had told them it would be so that they could give it to the county. MR. ARNOLD: I don't think the county's going to accept the road unless it meets -- COMMISSIONER FIALA: Well, not the way it is. MR. ARNOLD: -- county standards. 99 !M September 27, 2011 COMMISSIONER FIALA: The county would never accept the road the way it is because it's in such bad shape, right? MR. ARNOLD: That's not exactly what I do for a living. I mean, that would be one of our engineers. But I don't know, Commissioner Fiala, what would be required to bring that up to a county standard that would make it acceptable to the county. CHAIRMAN COYLE: Do you want to ask for a continuance? MR. ARNOLD: Sure. I think that would be an appropriate opportunity for us to maybe evaluate County Barn Road and what it's going to take to bring it up to standard, sure. That's the request that's being made. COMMISSIONER FIALA: You can meet with transportation and you can meet with Nick Casalanguida. And Skip, maybe you can get your people out as well. I realize they're mostly working people. But still, I mean, if you can get together with everybody. We had tried to get a meeting with the people before, and apparently Skip has said and sent me an email to this regard, we thought we had contacted them and he was going to contact everybody, but he said nobody's gotten the message. So I don't know where -- we have a copy of it so we know we sent it. I don't know where it fell through the cracks. And that's why nobody showed at that meeting that day. And I understand that, you know, things happen, we certainly know that, and we've had some computer problems here, so maybe that was one of the days. But anyway, I would like that, if you wouldn't mind continuing that. MR. ARNOLD: I think at this point that's probably the most prudent thing to do for all of us. Hopefully we'll get the right answers. CHAIRMAN COYLE: Is there a motion to approve the request for a continuance? COMMISSIONER HILLER: I'll second it. You made the motion? September 27, 2011 COMMISSIONER FIALA: Yeah, I did say the motion. MR. YOVANOVICH: Can we continue it to a date certain, which that way you won't have to re- advertise? COMMISSIONER FIALA: Next meeting would be fine. MR. YOVANOVICH: Can we get together that quick? MR. RIFFLE: When is that, please? CHAIRMAN COYLE: Two weeks. MR. YOVANOVICH: Two weeks, right? MR. OCHS: October 11th. CHAIRMAN COYLE: Okay. MR. RIFFLE: I'll knock on doors. CHAIRMAN COYLE: We have a motion -- MR. RIFFLE: When and where. COMMISSIONER FIALA: You guys meet in the hall and talk about your meeting date with transportation -- CHAIRMAN COYLE: We have a motion on the floor to approve by Commissioner Fiala and seconded by Commissioner Hiller. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Thank you very much. And it was a time certain continuance. Item #8B RESOLUTION 2011 -181: APPROVING, WITH CONDITIONS, Page 100 September 27, 2011 PETITION CSLV- PL2010- 00018129 REQUESTING A VARIANCE FROM COASTAL CONSTRUCTION SETBACK LINE (CCSL) AND PRESERVE TO ALLOW FOR CONSTRUCTION OF A NEW RESTROOM AND CONCESSION FACILITY SEAWARD OF THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO REPLACE AN EXISTING RESTROOM STRUCTURE, ALL OF WHICH ARE LOCATED ON OR NEAR THE EXISTING VANDERBILT BEACH RESTROOM WITH A STREET ADDRESS OF 100 VANDERBILT BEACH ROAD, LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA — ADOPTED MR. OCHS: Commissioner, 8.B is a resolution approving with conditions Petition CSLV- PL2010- +0001812, requesting a variance from the coastal construction setback line and preserve to allow for construction of a new restroom and concession facility seaward of the coastal construction setback line to replace the existing restroom structure, all of which are located on or near the existing Vanderbilt Beach restroom with the street address of 100 Vanderbilt Beach Road, located in Section 32, Township 48 South, Range 25 East, Collier County, Florida. Commissioners, as noted on your change sheet this morning, this item will require ex parte disclosure be provided by Commission members. And if the hearing is held, all participants are required to be sworn in, sir. CHAIRMAN COYLE: Okay. We'll start with ex parte disclosure by commissioners with Commissioner Henning. COMMISSIONER HENNING: Well, I received several correspondences. Not this particular variance, but the whole Vanderbilt Beach bathroom issue. I didn't receive the Planning Commission's packet. As I understand, the Planning Commission doesn't hear these types of variances. Page 101 September 27, 2011 MR. OCHS: Yes, sir. COMMISSIONER HENNING: So what I have is old correspondence from the general public. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir. Of course I talked with staff. I got correspondence, e -mails and phone calls, and everything's in my folder. CHAIRMAN COYLE: Likewise, I have a whole stack of records of minutes of meetings, correspondence, e -mails and phone calls for the entire life cycle of this particular project. And it's also enclosed in my public file. So if anyone's interested in reviewing it, it's there for you. Commissioner Fiala? COMMISSIONER FIALA: Yes, I also have had meetings, correspondence, e -mails and calls. These are all the e- mails. If anybody would like to spend a pleasant afternoon in my office and read them, they're welcome to. Thank you. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: I received e- mails, had calls, I had meetings with staff, had meetings with citizens, and have reviewed all the information submitted by staff. CHAIRMAN COYLE: Okay, how many public speakers do we have, Ian? MR. MITCHELL: Sir, we've got seven. CHAIRMAN COYLE: Okay, staff, you have a -- I'm sorry, County Manager? MR. OCHS: Swear in. CHAIRMAN COYLE: Oh, I'm sorry, yes. Will everyone who's going to provide testimony in this petition, please stand to be sworn in, including people from the public. (Speakers were duly sworn.) MR. McALPIN: Thank you. Mr. Chair, for the record, Gary Page 102 September 27, 2011 McAlpin, Coastal Zone Management. The item before you is a continuation of our engineering and permitting for the Vanderbilt Beach bathroom. We're here to request a coastal construction setback line variance. To refresh the Commission's memory, this item has come before you a couple times. We received a conceptual design approval on June 20th -- 22nd, excuse me, of 2010. We also received approval to move forward, and you authorized $160,000 for the design, engineering, the permitting and the bidding as late as June 14th of this year. You directed us on Item 10.F to move forward with this project. At all of our presentations, and we've had four presentations to you on this, we've talked about permitting and variance. Here to make the presentation on where we stand with the project and request the variance for the CCSL line is Michael Poff, with Coastal Engineering Consultants. Thank you. MR. POFF: Good afternoon. For the record, Michael Poff, Vice President of Coastal Engineering Consultants. It is my pleasure to represent the consulting team on this project. My degree is not in IT. There we go. All right. My presentation will focus on the engineering design aspects and the status of our environmental permits for the public restroom and concession facility which has been designed to replace the existing restroom and relocate the existing concession. Due to the site characteristics of the property, including a frontal dune, the preserve area and wetlands, a significant amount of site design work went in from the initial project to the conceptual approval. We did this through a collaborative effort with Q. Grady Minor for site engineering, our firm for the environmental, Jeff Moore for landscaping, and the county's architect Victor Latavish, as well as the staff of Coastal Zone Management. On behalf of the consulting team, I thank the staff of both Community Development and Coastal Zone, the Water Management Page 103 September 27, 2011 District and Department of Environmental Protection. We worked very closely with these agencies to re- engineer several key features which I will highlight throughout my slides. I know that this graph is difficult to read so I've blown it up for presentation purposes to help. This is the detailed site plan. As far as the vehicular path, it will be remaining the same. We've added a paver block design, the flagpole. So vehicular traffic will continue to come in the turnaround. The existing drop -off will remain, as will the existing dune walkover. Some benches have been added. Pedestrian flow -ways will remain the same. We've added stairs from the beach and from the sidewalk up to the deck. And in the ADA accessible ramp, also to get to the deck. I'll talk more about this, but we've added dune vegetation. There is a gap in the existing frontal dune at this beach access location as you move from north to south along Vanderbilt. To offset impacts, the existing vegetation that were removed as part of construction, that gap will be closed. I think it's currently 95 feet. We'll reduce it to 30 feet and we'll create new dunes with native dune plants. Further, we will offset impacts to existing dune vegetation by removing exotic vegetation on the subject property and the adjacent right -of -way as well as the dune to the south of the subject property, and we will plant woody species in those areas that are low sparse understory dune plants and/or in the areas where we will remove the exotic vegetation. Zooming into the deck level, this gives you the areas. The restroom will be 760 square feet, the concession 400 square feet, the deck 1,500 square feet, and so on. We did four key redesigns from the initial design to conceptual. First, we shifted the entire facility 10 feet landward. That eliminated the buffer preserve of 10 feet. But by doing so, we were able to garner the consensus among Community Development Services and the Page 104 September 27, 2011 agency staff with the Department of Environmental Protection by moving the structure off of the crest, the seaward side of the dune, the crest line. We further reduced the impact by reorienting the deck and reducing it by four feet on the seaward extent. We then added a foundation plan with a cantilevered deck which places all the excavation and piling on the landward side of the dune line. And lastly, we relocated the beach tractor storage component to the parking garage, which allowed us to reduce a significant amount of excavation that would have occurred within the dune. Again, we've worked very closely with the -- especially the agency, Department of Environmental Protection, CCCL staff, to institute these design changes to protect the frontal dune to avoid and/or to minimize impacts. On the ground floor we have the inclement weather protection area, which is underneath the cantilevered deck. It's for people to seek shelter during rain or to get shade for out of the sun. A storage area is there for the restroom and concession supplies, the sea turtle monitors, to store their equipment. The dumpster will have a roll -out cart and Parks and Rec will maintain the facility. And of course the water management area for dry retention required for environmental resource permit at the state level. On the main floor plan, of course the concession as I mentioned will be relocated off the beach area into the new facility. There are six toilets for women, two toilets and two urinals for men. This is a north elevation, so this is looking at it from the street. This provides the elevation dimensions. The most important critical one is for access underneath the building, you have to provide at least eight feet of clearance per the Florida Building Code. This is a west elevation, so this is looking at the facility from the Page 105 September 27, 2011 beach side. We've kind of pointed to where the inclement weather protection area would be to garner that shade from the sun or get out of the rain. Understand that there's been concerns about the size of the proposed facility. So we went ahead and we measured the other beach parks in the county and we find that this proposed facility is consistent with the smaller beach parks. I think the numbers speak for themselves in terms of this is not an over - designed facility in terms of square footage. This is an overlay of the existing facility and the proposed facility. The 1974 coastal construction setback line is shown. I want to remind everyone that the existing facility had to receive a CCSL variance, and a coastal construction control line permit from the state. If we were to do anything with the existing facility or try some other type of concept, anything in this location will require both a CCSL variance and a CCCL approval process through the state. I've also plotted this exhibit on a large scale to help with the information. We conducted an erosion analysis to look at the stability of the beach and dune on Vanderbilt, and looking at erosion rates and profiles over time. We find that this beach area has been very stable. That's also part of the county's beach management program, so it's been restored and renourished and in the near future will be restored and renourished again. Looking at post -storm profiles, in the wake of say Hurricane Wilma and Tropical Storm Faye, it shows that the dune system in this southern end of Vanderbilt has also been very stable. The existing structures along Vanderbilt establish what's known as a uniform line of construction. It's a key design criteria and a key element of both the local variance process under the LDC and the state CCCL process. You cannot be further seaward than your neighbors. In this Page 106 September 27, 2011 graph the evidence is to show that there are properties that establish this line. We are not further seaward than that line. I also understand that there was a question raised, and I'm going to flip to the next graph. And this was added based on a question raised yesterday by I believe Commissioner Coyle as to where is the state coastal construction control line. This is the exact same graph that you have in your packet with the coastal construction control line by the state added. I feel like I need Vanna White here to help me. The point of the state control line is the entire property is seaward of that state line. So any activities, including the parking garage and the existing facility, those developments on Vanderbilt all have to get a CCCL approval from the state. This table just takes the exact same information that's on the two exhibits you just saw and puts it in a tabular form for ease of looking at the distances and making comparisons. In terms of our permit status, obviously we're here today seeking approval for the variance and the reduction in the buffer from the preserve. The Water Management District has issued a request for additional information, and subsequent to your approval today we will develop and execute a partial release of conservation easement for the Chairman's signature, prepare and submit a monitoring plan for the preserve area, and update the engineering technical notes. We are on schedule to have the Water Management District approvals by mid - December. On Friday, the Department of Environmental Protection deemed our CCCL variance petition complete. They did ask for some technical clarification on the FEMA, ADA and conservation easement, which we provided to them and I have an email from their staff yesterday indicating that that information should be sufficient. So we expect that subsequent to your action today, the DEP will grant the CCCL variance on or before November 14th. Page 107 September 27, 2011 Then we move forward with the CCCL permit. We do have an RAI on that as well. They're looking for the variance from you, they're looking for the variance from the state themselves, they're looking for the ERP modification from the Water Management District. So this is the first step in what is a series of steps through the state process to garner the rest of the approvals. The Corps of Engineers has deemed this complete as the project qualifies for a nationwide Permit No. 18. There are no outstanding issues, and we are on track to have that issued on or before October 6th. The county has an RAI out on our SDPA. We need to update some engineering technical notes for utilities and for fire. The environmental and zoning are looking for the variance today. The state variance and the Water Management District ERP permit mod. We are scheduled to have those items completed and in hand by December, as I mentioned, and we will submit those to the county and anticipate getting county approval by the end of January, 2012. And then the right -of -way for the county, there are no outstanding issues. But they can't issue a right -of -way permit until the SDPA has been issued. So again, each one of the permits in the process is waiting for the prior one. For brevity, I'm going to skip through the next two slides. These are overlays for the proposed facility over top of some of the beach parks to the south. I've already given you the areas of these parks and how they compare. We can always go back to them, if you have questions. I also understand that Summer and Bill will give a small presentation from staff. And so in summary, the proposed project is to construct this new facility to replace the existing facility which is outdated and insufficient for future use, while improving the public access to the beach. In cooperation with all the agencies staff, and we thank them September 27, 2011 again for that, the facility was sited and resigned to address the unique site characteristics. This effort, along with the pile supported foundation design and new frontal dune creation, provides assurance that the project will not adversely affect the coastal system. The facility size has been minimized to avoid or minimize impacts and is consistent with the smaller beach parks around the county. The project includes a significant amount of dune vegetation to address the dune impacts, and will establish a uniform crest line for the frontal dune, continuous with the existing Vanderbilt Beach dune system. We've been deemed complete by the DEP for their variance process, subject to your approval today. We're working closely with the other agencies to obtain the other required permits and we're presently on schedule to accomplish this. I thank you for your time and will endeavor to answer any questions you may have. CHAIRMAN COYLE: Any questions from Commissioners? (No response.) CHAIRMAN COYLE: Okay, let's bring the first speaker -- COMMISSIONER HILLER: I have some questions before we start with speakers. CHAIRMAN COYLE: Okay, go ahead, Commissioner Hiller. COMMISSIONER HILLER: Did you say your name was Mr. Poff? MR. POFF: Yes. P- 0-F -F. COMMISSIONER HILLER: So you were the one who sent the letter to the state on June 23rd, 2011, the petition for a variance form for the Vanderbilt Beach restroom and concession. I assume this is -- you're the one who prepared this, right? I just want to make sure. MR. POFF: Yes, ma'am. Page 109 September 27, 2011 COMMISSIONER HILLER: Michael T. Poff? Okay, great. MR. POFF: Yes, ma'am. COMMISSIONER HILLER: Thank you. I reviewed what you submitted to the state and have listened carefully to your presentation. And I'm very concerned. To begin, in your representation to the state, you make it clear that the state has objected to the design as proposed. And specifically I'm going to read for the record: The department has taken the position that the project is proposed to be constructed on a frontal dune, as defined in 161.053(6)(Al), and such construction is inconsistent with 62B- 33.005(8), which states major structures shall be located a sufficient distance landward of the beach and frontal dune to permit natural shoreline fluctuations to preserve and protect beach and dune system stability, and to allow natural recovery to occur following storm- induced erosion. And you go on to say that the proposed project will not jeopardize the stability of the beach dune system or accelerate erosion. In fact, right now this beach is a critically eroded beach, and this will affect the existing dune system and will make this beach more vulnerable to accelerated erosion, which unfortunately it is already underway. You make statements like the proposed project will increase pedestrian accessibility. I mean, this will absolutely not in any way increase or decrease pedestrian accessibility. It really has nothing to do with accessibility. And you say that, you know, the denial of this would result in substantial hardship. And quite frankly, that isn't the case at all, because there is an alternative location where this project could be situated further inland and thereby not affect the dune system at all. You state that there would be a reduction of tax revenues via access fees. That isn't the case. You say that there will be a loss of Tourist Development Council Page 110 September 27, 2011 funds for improvements to existing beach access. That isn't the case. There would be a limitation of public access to a publicly owned facility. That isn't the case either. You say that there -- let's see. You know, continued degradation of the dune via pedestrian impacts. The pedestrian impacts are not going to change as a result of this. In fact, you know, if you want to protect The Dunes and build a boardwalk over The Dunes going to the beaches, this particular configuration will not solve that issue at all. You go on to say that there would be a violation of the principles of fairness, and that isn't the case either. You know, this project, notwithstanding other structures and their relative location to the subject property, is irrelevant to where we are today. When those structures were built years ago, circumstances were different. We are dealing with a very fragile environmentally sensitive beach which is right now, as I say, and I'm going to repeat myself, critically eroded and we can't do anything to impair The Dunes as they currently exist. And as I said, very clearly there is an alternative location, as was presented by staff, landward, which would not cause a problem with respect to these dunes. Some other statements you made, that this was reasonably sized relative to the other parks. Quite frankly, it isn't. Because this is actually a very small beach area, and this is a very over -sized project. You correctly indicate that the size of the bathrooms are 760 square feet. However, the concession and the deck total 1,900 square feet. And obviously, you know, the deck is what is protruding very significantly. And so I really -- you know, when you talk about an amenity for the public, the public does need increased bathroom facilities there, but that is 760 square feet, not 3,400, which is, as I understand, the total scale of the project. So overall, you know, I find it very hard when government creates a law that says we shouldn't do something, or I should say the Page 111 September 27, 2011 public shouldn't do something, and then when the government wants to build a structure, it carves out an exception for itself. It's just incomprehensible to me and goes against public policy and really goes against environmental protection and the sensitivity of this area, as you've presented it. So, I mean, I cannot support this at all. And I am the commissioner for the districts. And by the way, who did you talk to at the state? Who are you working with? MR. POFF: On Friday I spoke to Acting Chief Gene Chalecky. And the emails I received yesterday were from Valerie Jones, the staff reviewer, and her boss Fritz Weinstein. COMMISSIONER HILLER: And if you could give me copies of those communications, I would really appreciate it. As well all the emails and numbers of the people you've been dealing with up there. Thank you. MR. POFF: Certainly. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Commissioner Hiller brought up issues of representation to the State of Florida by you. Is that true? MR. POFF: The letter she's referring to was developed for the variance request. And based upon that submittal, the Department has deemed our variance request complete. COMMISSIONER HENNING: No, that wasn't my question. MR. POFF: I apologize. Can you restate your question? COMMISSIONER HENNING: Commissioner Hiller is making representation that you wrote a letter to the State of Florida, making certain representations such as loss of tourist tax dollars. Is that true? MR. POFF: Yes, sir. COMMISSIONER HENNING: Wow. Can you repeat that, or can you give it to me so I can -- COMMISSIONER HILLER: Sure. I'll give you the copy I have. COMMISSIONER HENNING: I don't see -- if we don't receive Page 112 September 27, 2011 the variance we're going to lose tourist tax dollars? Is that what you said? COMMISSIONER HILLER: That's what it says. MR. POFF: The statement was developed in coordination with Coastal Zone Management staff and -- COMMISSIONER HENNING: Well, tell me how you come to that conclusion that it's going to -- we're going to lose tourist development tax. MR. POFF: Two statements were made in terms of financial matters. The first one, and I apologize, I don't have that letter in front of me so I'm going by my memory. COMMISSIONER HILLER: Well it says, a denial of this variance would result in the following: Reduction of tax revenues via access fees. And then it says -- COMMISSIONER HENNING: Wait a minute, stop there, stop there. Access fees? Didn't we have this discussion just a few minutes ago about access to the public? COMMISSIONER HILLER: Right. COMMISSIONER HENNING: For the public to access the beaches? And now we're talking about a public access fee in an application to the state? And in fact this board historically said, historically said we're not charging the public to access the beach. But yet we have the same division of county government representing to the state that we're going to lose revenue for access to the beach. What was the next one? COMMISSIONER HILLER: Loss of Tourist Development Council funds for improvements to the existing beach access. COMMISSIONER HENNING: You mean if they don't approve it we're not going to expend monies to improve this site; is that what you represented to the state? MR. POFF: The second point, yes. We already have TDC approval of $160,000 that will revert back to the Category A funds. Page 113 September 27, 2011 COMMISSIONER HENNING: That it reverts back to Category A of the funds? MR. POFF: I'm sorry, not category A. Let me rephrase that. COMMISSIONER HENNING: No, it is Category A. MR. POFF: Is it? Okay. It reverts back is my understanding. COMMISSIONER HENNING: It doesn't revert back unless this board takes action. It's still in that parks beach improvement area until we take action. MR. POFF: The point we made to the state on the first item is it's the consulting team's belief that if you provide this amenity, you will increase use of your parking garage, public access point, which there are fees associated with that access. So the belief is that by not providing facilities for future use of the access, you would see a reduction in the fees collected at the parking garage. The state asked us to verify that and prove that, and we're not able to do that, that is just a summary of our consulting team's opinion. COMMISSIONER HENNING: Are we attracting more people because we're enhancing the bathrooms and putting a restaurant down there? COMMISSIONER HILLER: It's not a restaurant. MR. POFF: Well, it's a concession and bathrooms. And yes, it's the consulting team's opinion that yes, you would attract more people to your public access point. COMMISSIONER HENNING: I mean, I just find these representations to the State of Florida as far from even a stretch. And those are just two of them. I would hope that we can correct those misrepresentations to the state. MR. McALPIN: Commissioner Henning, if I could, please. I think the key point here is that anything we do with the coastal construction setback line construction setback line, coastal construction control line, which is the line in orange on the overhead Page 114 September 27, 2011 here, will require a variance from the State of Florida. COMMISSIONER HENNING: Yes, I know -- MR. McALPIN: Anything we do. COMMISSIONER HENNING: I know that. MR. McALPIN: And so if we were to build it at the location where it is specified right here, or if we were to build it further back in any location back in through here, it would require a variance from the state and we'd have to go through the same documentation process that we have in the past. So we would -- you know, and maybe the representation that has made (sic) was not 100 percent correct, but we still have that position that we need a variance from the state to build that. COMMISSIONER HENNING: I realize that. We're government, we're supposed to be honest and truthful. MR. McALPIN: Well, I believe that we were honest and truthful here. The other point I would make, Commissioner -- COMMISSIONER HENNING: I have another question. You have moved the structure 10 feet landward, 10 feet east; is that correct? MR. POFF: Yes, sir. COMMISSIONER HENNING: That's your statement. MR. POFF: Yes, sir. COMMISSIONER HENNING: I just wanted to make sure it was factual. How much further would you have to move it to lose the ramps, in other words lower the structure down? MR. POFF: I apologize, I do not have the distance -- COMMISSIONER HENNING: Gary can answer that. MR. POFF: -- to the VE zone. MR. McALPIN: If we move it any further to the east, Commissioner, we are in a preserve area. Page 115 September 27, 2011 COMMISSIONER HENNING: That wasn't my question. MR. McALPIN: Restate the question, if you would, please. COMMISSIONER HENNING: My question was you moved it 10 feet, and that was verified. So the question is how much further would you have to move it to lose the ramps and the -- and lower it down? MR. McALPIN: To lower it down we would have to move it to approximately the AE zone. And we went through this at the last meeting. COMMISSIONER HENNING: I just don't remember. MR. McALPIN: The AE zone is at the intersection of Vanderbilt Beach Road, which would be approximately at this location right here, Commissioner. COMMISSIONER HENNING: So that would be what, about 40 feet? Just guessing. I'm guessing. MR. McALPIN: I believe it was greater than 40 feet. Mike? MR. POFF: Again, I apologize, I don't have the exact dimension, but I think it's on the order of 100 to 120 feet. COMMISSIONER HENNING: Okay, thank you. CHAIRMAN COYLE: Okay. Now -- COMMISSIONER HILLER: Can I -- CHAIRMAN COYLE: Let's call the speakers, please. MR. MITCHELL: The first speaker -- CHAIRMAN COYLE: Call two at a time and we'll put one at each podium. MR. MITCHELL: Yes, sir. So we're going to use both podiums, so I'll call two speakers. The first speaker is Ted Raia, and he'll be followed by Tim Nance. MR. RAIA: Good afternoon. My name is Ted Raia. I'm from Pelican Bay. Page 116 September 27, 2011 I still object to this project, mainly because of its elevation and necessity to use five handicapped ramps to reach this elevation. I believe the five ramps meets the letter of the law, but definitely not the intent of the law. Those five ramps are equal -- a little over 130 feet, I believe. Now, I ask you, is it better to have the walking and ambulatory public walk an extra 100, 120 feet to a ground level facility, or to have the elderly and handicapped go up an incline of 130 feet? Please, let's have some common sense here. The only reason why we're having this problem is this request to have the concession there and a deck. But what about the other people who use it? And especially the handicap and elderly people. I think you're going to be hearing about this if this ever gets off the ground. So please, let's give that some consideration. Thank you. MR. MITCHELL: The speaker after Mr. Nance will be Kathleen Robbins. MR. NANCE: Mr. Chairman, members of the board, Tim Nance. Today I'm speaking for myself and others who could not attend. This item should rightfully have been heard when stakeholders are local and in Naples. New beach bathrooms are clearly needed. However, be assured, there's substantial public objection to the construction of this bathroom as currently proposed for several reasons. It is overdesigned and excessively expensive. It's intrusive on adjacent residents, the environment and the limited natural beaches that Collier County has and owns. The Board consistently tries to separate itself from activities on the lower east coast of Florida. Construction of this kind is expressly prohibited on public beaches in Broward County. I grew up there. It also competes with small businesses. Despite assertions of earlier today, there has never been to my knowledge any analysis Page 117 September 27, 2011 presented to the public or this board on the perpetual cost of insurance, operations, maintenance and security of this facility. This is quite remarkable when in my district, District 5, we have streetlights that are turned off and libraries that are closed and unavailable to our students in the late afternoons, evenings and on weekends. As proposed, this building is yet another gold - plated Collier County project. It's a classic example of the inability or unwillingness of certain members of this board to work for sensible and economical solutions to the basic needs of Collier citizens. Thank you. MR. MITCHELL: Ms. Robbins will be followed by Emily Maggio. MS. ROBBINS: Good afternoon, Commissioners. My name is Kathleen Robbins and I'm the secretary of Vanderbilt Beach Residents Association. Our issue has never been with the improvement of the bathrooms, but it's always been with the provision of concessions when there are already concessions in the neighborhood and the deck. Couple of points I'd like to reiterate, taking off from Commissioner Hiller's comments, were that the coastal -- the CCSL, that diagram right there, shows how many buildings are seaward of the CCSL. And we're asking for a variance so that the bathroom facility can be seaward of that. If those condo buildings came before you today requesting for a permit to build in their current locations, would you approve it? I don't think so. Why would you approve a brand new building to be in violation when you would not approve that same request for a condo? The second point is that Mr. Poff referred to several times areas of the parks, the relative areas of the parks. He wasn't really referring to the areas of the parks, he was referring to the square footage of the park facilities within the parks themselves. This is by far the smallest of the parks. The county has insisted on maintaining their standard design that Page 118 September 27, 2011 is in use at many of their other county beach parks. And trust me, I've visited most of them. They've insisted on replicating this for this park. I would challenge you to find out what percent percentage of square footage this proposed facility is of the total acreage of the Vanderbilt Beach park. I think it's probably in excess of 20, 30 percent. Especially when you consider that the parking garage is also technically part of the park, and also the fact that in between the parking garage and the proposed facility is an unusable preserve. So basically you have a building which is going to occupy most of the usable area of the park. Thank you very much. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Emily Maggio will be followed by Noreen Murray. MS. MAGGIO: For the record, my name is Emily Maggio and I live in Little Hickory Shore. I can't believe we're discussing this matter again. Oh, my God. I'd like to thank the Board for approving this facility. It will serve the public well for years to come. The staff and everyone involved in the design, including these adjustments they've made, all deserve credit. It's a wonderful plan. Approving this variance is the next logical step in the process of making this facility a reality. Normally I like to stick to the rules and regulations. However, in this case all of the adjacent high -rises to the north and the Ritz - Carlton to the south have all been granted the same variance. Yes, government must be honest and truthful, but they must also be even - handed. What you will build on the public property won't be nearly the footprint that these existing buildings that surround it make. The design -- the handicap -- the design meets the handicap law. If you disagree with the law, then you petition the legislature to change it. You must use the laws on the books to judge the projects Page 119 September 27, 2011 before you today. I respectfully request that you approve this variance and allow this project to go forward. I may be the only one here today speaking in favor of it, but I ask you to realize, people work, especially the people who use public facilities the most. And we can't keep coming back and back and back to discuss what has already been thoroughly vetted and action has been taken. And I thank you very much. MR. MITCHELL: Noreen Murray will be followed by Linda Roth. MS. MURRAY: Thank you. Noreen Murray from Pelican Bay. And I'm speaking only for myself. I guess I'm the second person to speak in favor of a public amenity for both residents of the county, as well as tourists. My understanding is it is primarily a tourist development project, but would be enjoyed by both segments of our county, the visitors, as well as residents. Clearly there's a lot of opposition. And the opposition is based on legitimate concerns about the environment. But some consensus or compromise needs to be achieved to move this forward. As long as I've been coming to commissioners' meetings for other topics, this topic seems to have been in the background. And everyone will agree that something needs to be done. So it's time to try to agree on just what it is that should be done. Thank you. MR. MITCHELL: Linda Roth. She'll be followed by Marcia Cravens. MS. ROTH: Good afternoon, Commissioners. For the record, my name's Linda Roth and I live in Pelican Bay. I took these pictures of Vanderbilt Beach yesterday afternoon. The weather was overcast, but I didn't expect to find a parking area completely empty. And there were only approximately 30 people walking on the beach. No one used the restroom facility while I was there for half an hour. Page 120 September 27, 2011 I understand and support the need for additional restroom facilities for visitors during the high season. What I don't understand is the construction of a concession stand and a viewing deck. What is there to see from the viewing deck that one cannot see from the beach? In my opinion the efficient use of restroom facilities is to have a quick turnover instead of having people hanging around it. There are plenty of places to buy food in the vicinity of the Vanderbilt Beach. I saw one right across from the existing restroom facility. In this difficult economic climate, the county should not subsidize a concession stand that competes with other businesses. In fact, I think the county should not be involved with the food and beverage business, just as the county should not be involved with the housing renovation business. I believe it is not the county's role to be sponsoring or supporting specific private enterprises. My husband and I are tourists and beachgoers. We have visited many, many beaches in this country and around the word. A good beach experience for tourists includes enjoying lunches at various restaurants along the beach. Trust me, the tourists do not wish to buy food from a concession stand located next to heavily used public toilet facilities. I respectfully urge the Commissioners to reconsider the design of this overly expanded restroom facility and continue this item for further discussion. Thank you for listening. MR. MITCHELL: Marcia Cravens will be your last speaker, Mr. Chairman. CHAIRMAN COYLE: Thank you. MS. CRAVENS: Good afternoon, Commissioners, and thank you for the opportunity to speak on this agenda item. I am speaking for the Sierra Calusa Group. We have nearly 2,000 members in our organization. There are several hundred thousand members to our Florida chapter, and there's over a million Page 121 September 27, 2011 Sierra Club members Nationwide. Our motto is to enjoy, protect and preserve. One of the things that unites us all on this issue is that we want to preserve and protect our natural resource areas, and that they benefit not only our use but the use of future generations, and that we're all able to enjoy them without degrading those natural resources. The Calusa Group has had this Vanderbilt Beach Park restroom issue on our agenda for almost two years now. We believe that this project muddles and is not consistent with what constitutes good beach access and beach access improvements. We recommend against the variance to change the location of the coastal construction control line or setback line if it is being done in order to allow construction of a massive elevated structure on the sandy beach at Vanderbilt Beach Park. Again, we do not believe this is consistent with improving beach access or good planning practices for coastal beach areas. And giving you some background about this, one of the things that planners generally agree upon is that good beach access is predicated on two things: On parking and restrooms. And I ask that you consider the improvements to beach access as a countywide situation, and you're commended for your actions to do that. When you look at the segments of beach areas and you look at the Vanderbilt Beach segment, when you compare the facilities and the beach access that occurs on the Vanderbilt Beach segment for parking and restrooms, you'd have to acknowledge that there's not one but three county parks on that segment, all with dedicated parking, all with restrooms. And Vanderbilt Beach Park actually has the best beach access in Collier County, when you look at exactly what constitutes beach access. I'd like to just digress a little bit about inconsistency with county planning for beach access. And I'd like to commend the planning that's occurring for a proposed project on Marco Island at Tigertail Page 122 September 27, 2011 Beach. And I've given you a memo that describes it. There's a very reasoned rational approach -- CHAIRMAN COYLE: Marcia, your time is expired. Can you sort of wrap up, please? MS. CRAVENS: Yes, sir. That facility at Tigertail Beach is recommended by coastal zone management department staff to -- for it to be approved for a variance for flood, that it be built at ground level. And it's a very modest size. I don't understand why that can't be done here at Vanderbilt Beach and save some dollars, you know, stay with the concept that people come to the beach to enjoy the natural amenities there. And I was a visitor and a tourist before I became a resident. I never came back because of the bathroom facilities, I came back because this is such an outstanding area to enjoy the natural resources. Thank you. CHAIRMAN COYLE: Thank you. Okay, I think Commissioner Henning was next. COMMISSIONER HENNING: I -- Mr. Raia I thought brought up a good point, the ramps, it's true, total over 100 feet. Moving the facility approximately 120 or 30 feet would less encumber some (sic) to the user than having to go up a ramp. So I'm not going to support the coastal variance. CHAIRMAN COYLE: Okay, Commissioner Coletta, were you next? next. next. first. COMMISSIONER COLETTA: No, Commissioner Hiller is CHAIRMAN COYLE: Commissioner Hiller. COMMISSIONER HILLER: I think Commissioner Coletta was CHAIRMAN COYLE: Go ahead, Commissioner Hiller. Ladies COMMISSIONER HILLER: Oh, my. Page 123 September 27, 2011 Okay, I listened very carefully to what the speakers said. And I'd like to tie in. You know, we're here today discussing variances for this project, specifically the coastal variance and the effect on the dunes. And quite frankly, one of the reasons this project is so over -sized is because of all these ramps, which obviously would not be necessitated if this Board granted a variance for FEMA to reduce the elevation, just like they did at Tigertail. And just so you all know, this Tigertail variance, this memo that Mrs. Cravens just handed out, is dated December 11th, 2009. So basically this is, you know, a year and what, three quarters, a year and a half old? So this is a very recent issue. And just to you all know also, the existing bathroom, where it sits right now is at its current elevation because of a FEMA variance granted by this Board. And that hasn't changed the insurance ratings, nor did this one. So, none of this makes any sense whatsoever. The oversize nature of this project stems from the fact that they need those ramps. And there's a way to get rid of those ramps, bring that structure down, shift it back, make it smaller, protect the dunes and provide the amenities that are improved over the current bathroom. There are other issues; there are other issues for sure. Number one, going back to these applications, because all of these applications, by the way, should have been part of our backup at all the other public hearings. These applications go back to 2010, and we've had hearing after hearing on this matter. None of this information was in the packets. And all of this could have been brought forward and we could have been discussing this when we were addressing the conceptual designs. None of this was brought forward. I looked at the first page of the application for the permit, for the coastal construction control line, and one of the first things that it says on Page 1 is to list the adjacent properties so that basically the state Page 124 September 27, 2011 can communicate with the adjacent properties to see whether or not they would be adversary affected by the proposed design. And guess what? They're not listed. I don't know who HHR Naples, LLC at 6903 Rockledge Drive, Suite 1500 in Bethesda, Maryland is. But I assure you, the people at Beachmoor that live right beside this beach facility are not listed on here. Nor is Pelican Bay, which has to give its approval to these plans as well. When you go through this packet and you look at the design that's being proposed and you're saying that this is going to promote tourism? Really? We're going to have an elevated structure with visible dumpsters underneath? And so basically the public that walks towards the beach is going to see garbage dumpsters on the way to the beautiful beaches that Mrs. Roth showed on these overheads. And what about lighting? What are we going to do to reconcile the interest of turtles and turtle nesting against the need for public safety and security? We have problems, as identified by the sheriff, at these public bathrooms. So what are we going to do, turn the lights off and have crime to protect the turtles? Or are we going to leave the lights on and compromise the circle -- the life cycle of the nesting turtles? I mean, obviously it's incompatible. There is an obvious solution to these problems, and the solution is to not grant any sort of variance but redesign this bathroom so as to situate it to have the least environmental impact that's adverse on our critically eroding beaches. Anything to protect the dunes. CHAIRMAN COYLE: Okay, Commissioner Coletta? COMMISSIONER COLETTA: Gary, if you would, please. First, my first question, the funding for this, where is it coming from? MR. McALPIN: It's coming from Tourist Development Fund 183. COMMISSIONER COLETTA: Okay, can we -- if we don't spend it, can we use this money to relight the streetlights in Golden Gate Estates? Page 125 September 27, 2011 MR. McALPIN: No, we can't. It's -- COMMISSIONER COLETTA: Why not? That doesn't seem fair, does it? MR. McALPIN: It's designated for beach park facilities. COMMISSIONER COLETTA: Exactly. And I think everybody knows it. But still we're trying to push certain buttons to come up with some sort of metaphor that does not apply here. We're talking also about setting it back. Now, we've been through this I don't know how many times now. And every time we get through it we come up with a rational reason, there's a reason to proceed with this. Now we're talking about the possibility of looking to move it back to be able to do away with the stairs what, another 1001 120 feet? MR. McALPIN: That was the number that was discussed, yes, sir. COMMISSIONER COLETTA: Okay. At one point in time we were trying -- there were certain elements out there were trying to move this bathroom into the parking garage; is that correct? MR. McALPIN: Yes. COMMISSIONER COLETTA: Okay. Is this really something that we want for the people that are using it? I know the people I represent out in Golden Gate Estates and Immokalee. These people here are looking for a facility that at least can accommodate them in a meaningful way, not something where they're going to have to march a long distance away from the beach to be able to use the restroom. And it does not meet the needs. This facility, the way it's designed and everything, it just meets all the needs. Isn't it true that up and down the whole of the road there that most of these hotels and homes that have been built have been built about the same distance towards the beach also, as far as dune lines go and -- Page 126 September 27, 2011 MR. McALPIN: Commissioner, if you'd look at this graph here, I mean, it clearly states that here's the construction control. The setback line right here. And all these properties to the north have had to have been granted variances. And all the properties with this designation right here is the amount of feet, that it's -- COMMISSIONER COLETTA: Yeah, and I -- MR. McALPIN: -- excessive of that. COMMISSIONER COLETTA: -- see that, and it should be self - explanatory. But of course if we add this little element to the whole thing, that's going to cause the whole dune line to collapse, the whole beach will go into disarray. Is that what we -- we're hearing that today. Is that true? MR. McALPIN: We've done extensive look at The Dunes and we've done a Florida Department of Environmental Protection. And that's not the case. We have a case of over 20 years with the properties to the north and we have not had any excessive issues associated with the dune or we have not had issues associated with the beach. This beach is maintained, it's -- COMMISSIONER HILLER: That's why it's critically eroding. COMMISSIONER COLETTA: I have the floor right now, Commissioner Hiller, and please do not interrupt again. MR. McALPIN: The beach is maintained on an ongoing basis. It will continue to be maintained as we know it at this point in time. This facility would not negatively impact the amount of erosion or the dunes moving forward as we see it at this point in time. And we've reviewed that with the state and they're in concurrence with that. COMMISSIONER COLETTA: Okay, what about this dumpster you have exposed to the public? From what I can see, it looked like it was enclosed in some -- MR. McALPIN: The dumpster is not exposed. It's enclosed. It's Page 127 September 27, 2011 pushed underneath the first story. So it's on the ground floor. And it's enclosed and it's used for waste products from the canteen area. COMMISSIONER COLETTA: And one other thing, are you sure this isn't some sort of devious plot to try to do in the sea turtles by casting light in such a way that it might be detrimental to their health? MR. McALPIN: This project will be designed with sea turtle friendly light. We've already worked through that design with our sea turtle people, so that is not going to be an issue relative to the design of this project. COMMISSIONER COLETTA: Yeah, fellow Commissioners, I've got to tell you, this is nothing more than an access issue that we've heard many times before. I hope this Commission has the fortitude to proceed. And with that, I'm going to make a motion to for approval. COMMISSIONER FIALA: I'll second it. CHAIRMAN COYLE: Motion for approval by Commissioner Coletta, seconded by Commissioner Fiala. We have Commissioner Hiller and Commissioner Henning waiting to speak. COMMISSIONER FIALA: I was next. CHAIRMAN COYLE: I'm sorry. COMMISSIONER FIALA: But that's all right, Commissioner Hiller first. I'll wait. Go ahead. COMMISSIONER HILLER: Thank you. Commissioner Coletta, I really am concerned, you obviously don't know your own constituents. I went to the Golden Gate Estates Civic Association and there wasn't a single person out there that supported it. In fact, they on their website have the greatest cartoon of all that calls it the Tajma- toilet. In fact, your comment that this is supposed to be an amenity to service, you know, people out in the Estates or anywhere else in the county is a real problem because, quite frankly, if that's the case, this ought to be funded by the General Fund and not be TDC funds and Page 128 September 27, 2011 really ought to be pulled out of the parks budget paid for with ad valorem dollars, if that's the case. And, you know, with respect to your comment about the dumpsters, you know, you're absolutely right, it is going to be on the ground floor. And remember that this monstrous structure is going to be so elevated that you're just going to see these big pilings and this basically dumpster -- I don't know what you want to call it; what do you call those things that hide a dumpster? COMMISSIONER COLETTA: Screening. COMMISSIONER HILLER: No, a dumpster whatever. And basically you're going to walk right by the dumpster, because that's where the public is going to be, they're going to be on the ground floor, they're not -- and they're going to be walking by the ground floor of this facility. So I just have to correct that. I mean, that just isn't the case. So bottom line is what I see in what your statements are, is a big problem with respect to using TDC dollars for this project. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER FIALA: I was next. CHAIRMAN COYLE: I'm sorry. Commissioner Fiala. COMMISSIONER COLETTA: I just broke your button. CHAIRMAN COYLE: You just broke your button so there's no way -- COMMISSIONER FIALA: Again? CHAIRMAN COYLE: -- you can't speak for the rest of the meeting. COMMISSIONER FIALA: My notes were -- I'm sorry I didn't say this sooner. But anyway, first thing is, I think it's a great asset for our visitors and for our tourist. And that's why we're building it with tourist dollars. You know, this is something -- they don't have a place to go, unless they go here. There are many places along that area who rent out their rooms or who -- you know, whether it be motels, hotels Page 129 September 27, 2011 or places that people will want to rent that are close to the beach, if they can't get to the beach. This is a perfect asset to me in my opinion for visitors and tourists, and that's why it's being built with tourist tax dollars. And we're not building it for our own residents, but our residents can use it so that will be another asset. And just tell you a little experience of my own personal thing. We were talking about this decking. I used to work for the Marriott on Marco Island. And we had some people working in our kitchen and they went to the beach this particular day, no sign of a storm or anything. They were laying on the beach. The lightning -- and they all worked in our kitchen. And the lightning hit the one guy, jumped over the middle person and hit the other one, killed them both. And I'm thinking, you know, if they had a place that they could have sought shelter underneath when you have a fast storm that comes up, those people would have been alive today. And that's the truth, that did happen. And I think that people need a place of shelter to go. Even if you just have a baby with you or a little child and they've been exposed to too much sun, at least you can take them under the decking for awhile and give them shelter. So I agree with this and I have seconded the motion. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Commissioner Fiala, you bring up some good points. And I appreciate you being civil. And I could count the votes and I don't want to delay it, but I know it's political season. There's going to be some comments that are made that are taken out of content, so I just want to clarify a statement that was made by Mr. Nance. The funding to construct the project, he wasn't referring to that. The funding to -- for the maintenance and operation which comes out of the General Fund, that's what you're referring to? MR. NANCE: Yes. Page 130 September 27, 2011 COMMISSIONER HENNING: And you realize that we can't use TDC funds to put lighting in that. So, you know, it's just political season and we have to get through this. But I -- hopefully we'll -- we can understand that and not use this dais for political reasons. So that's at all I have to say. And whatever the vote is, it is, it's not going to hurt my feelings. CHAIRMAN COYLE: Did you want to speak again, Commissioner Coletta? COMMISSIONER COLETTA: You know, I really don't think it's necessary. Commissioner Henning's right about the political part of it. CHAIRMAN COYLE: Okay, all in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye -- COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any -- COMMISSIONER HILLER: Let me retract that. CHAIRMAN COYLE: -- opposed, by like sign. (No response.) COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: No. CHAIRMAN COYLE: It passes 4 -1, with Commissioner Henning dissenting. COMMISSIONER HILLER: Commissioner Hiller also. CHAIRMAN COYLE: Okay, all opposed, please signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, it passes 3 -2 with Commissioner Hiller and Commissioner Henning dissenting. Page 131 September 27, 2011 Okay, where do we go from here? We're 10 minutes away from the required break. MR. OCHS: Well, you want to try one more before your break? CHAIRMAN COYLE: Sure. Item #IOG RECOMMENDATION THE BOARD OF COUNTY COMMISSIONERS APPROVE A SHORT SALE POLICY AND PROCEDURE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM — DISCUSSED MR. OCHS: I would suggest perhaps Item IOG, Commissioners. It's a recommendation that the Board of County Commissioners approve a short sale policy and procedure for the State Housing Initiative Partnership Program. Kim Grant, your Interim Director of Housing and Human and Veteran Services will present. Commissioners, this is an item that the Board directed come back for discussion pursuant to a public petition that you heard at your last meeting. Ms. Grant? CHAIRMAN COYLE: Okay. MS. GRANT: May I have a moment to bring up the presentation? MR. OCHS: Sure. MS. GRANT: Good afternoon, Commissioners. Kim Grant, Interim Director, Housing, Human and Veteran Services. And I'm here to speak to you about the potential to enact a short sale policy for the State Housing Initiatives Partnership Program. Just briefly, background: The reason that we're here is on September 13th, a recipient of SHIP funds, down payment assistance funds had come before you on public petition and requested the Page 132 September 27, 2011 approval for a short sale. At that time we confirmed and we have confirmed since then that in fact we do not have a short sale policy in existence. There's not one at the local level and there's not one at the state level. Since the meeting two weeks ago we've made sure that we received appropriate guidance to bring forth a policy for your consideration. And part of that has been speaking with the state and they have indicated to us that the SHIP program at the state level does not regulate what the local government chooses to do on forgiving or settling loans to facilitate short sales. They also do not require that we have a short sale policy. However, as the lender, the county does have the right to approve a policy for forgiveness for short sale, should they choose to do so. So we do have the right to create a policy if we'd like to. And again, the Board asked us to come back with a proposal, so we're bringing back a proposal that we believe is very simple to administer and we, in order to do this, took a look at several other counties' policies. We also received some guidance from a technical adviser on this program. And what we're proposing to you is really kind of a two - legged short sale policy. First major component is that we would not suggest that you entertain a short sale where the recipient walks away from the sale with any funds. The second major component is the amount to consider for forgiveness. And we're recommending that Collier County would require the following repayment: Either 25 percent of the amount owed or 2,500, whichever is greater. So, for example, a loan amount of $20,000 would require repayment of $5,000. Just as a reminder in the executive summary, we indicated to you that over the course of 15, 16 years of this program, we have had loans ranging from 2,500 up to 45,000, I think it was. Page 133 September 27, 2011 Now, on the next slide the reason again that we brought this to you was because we had a petitioner. We've spoken with the petitioner today and also a title agent. And this item is set for sale tomorrow. And we've been notified that the individual will not be able to take advantage of the policy, should you approve one today. It's basically too late. The bank is not interested in entertaining it. So I will pass by this slide. This was just an example of what the circumstances would be for that petitioner. So in conclusion, we have a recommendation for you to consider, a short sale policy. Reminder that you have full latitude to create such a policy, you are not required to create one. And we had just a few days to pull this together, so we're very comfortable with the policy we're providing for you today, but we'll probably have to work a little bit on the procedural details of how we implement this. And while I have here the second part of the recommendations, for this to apply to Mr. Roman's circumstance that is no longer applicable. And that is my presentation. I'd be happy to take any questions that you might have. CHAIRMAN COYLE: Commissioner Henning? This was from before. COMMISSIONER HENNING: Yeah -- no, this is from now. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HENNING: The -- we have a group of residents, mainly attorneys, that created a task force, foreclosure task force. And I've been in communications with him. They want to put together a little group and make a recommendation of a policy. And it may be the same. And I would encourage you to -- I'm in favor of doing something. Because of this instance there's going to be a sale tomorrow. MS. GRANT: That's our understanding, correct. COMMISSIONER HENNING: And those monies, those down Page 134 September 27, 2011 payment assistance monies that the gentleman was asking us to waive, that goes away. So I think it's in our best interest and the residents' interest to try to resolve this ahead of time. I'm in favor of your policy that you presented, but I would ask, with the Board's guidance of course, involve the foreclosure task force folks and see if that meets their concerns or whatever. They might have even some more suggestions of alternatives. MR. OCHS: Commissioner, we'd be more than happy to do that. Thanks for that suggestion. We came back quickly because we thought Mr. Roman's circumstances -- the Board did. But now that that is overcome by events, so to speak, we have some more time, and I think that's a great suggestion to work with the foreclosure team. CHAIRMAN COYLE: Yeah, and I would agree. I think we should give that direction. Just one observation based upon what you've presented to us today, Kim. It doesn't provide much flexibility. And I would like to have the Board have some flexibility to maximize our return on circumstances such as this. If a person, using your calculation, is obligated to pay $5,000, what happens if they can't pay $5,000 but could perhaps pay 2,000? Are we just going to throw it all away and say no, you don't qualify and it will go into bankruptcy and we won't get anything under those circumstances? So I understand we have flexibility under our own ordinances, but it might be good if we were to clarify that in the ordinance itself so that we have the flexibility to consider individual circumstances and maximize the recovery to the government of the extent -- to the extent possible. So if you could keep that in mind as you go through the -- MS. GRANT: Certainly will. CHAIRMAN COYLE: -- process of developing something like that. Page 135 September 27, 2011 MS. GRANT: Certainly will. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I agree with you. The only thing we got to be careful about is we don't make it so easy -- CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: -- so that people will pick this particular direction to go. Somewheres along the line personal responsibility has to set in. I mean, there's got to be a certain amount of forgiveness. People are without jobs now, there's all sorts of circumstances out there that vary greatly from one situation to the next. But there's also people out there that are taking advantage of the present economic situation and going into foreclosure proceedings that drag out for over a year and doing nothing but bankrolling that money. Now, I'm not saying this is the case here, but we need to keep all these things in mind, because somewheres along the line not only do we have to be forgiving and understanding of the circumstances, we have to also have to be good stewards of the people's money. CHAIRMAN COYLE: Well, I also hope that we take a good look at the circumstances under which we're granting down payment assistance. Just because the money is coming from the federal government doesn't mean that we shouldn't make some judgments about whether or not we should make those loans. Just as there are people who are purchasing homes who should not be purchasing homes, there are people who are getting down payment assistance from the government who possibly should not be getting down payment assistance from the government, because they don't have much of a chance of paying it back ever. So I'm concerned about these programs where the federal government just shovels money out the door and we facilitate it by handing it out to people who drop by and make an application. It's not a good thing for the people or the taxpayers. Page 136 September 27, 2011 But nevertheless, it will be good to see whatever you bring back to us. Commissioner Hiller? COMMISSIONER HILLER: Yeah, Leo, I was wondering if you could ask staff to provide us with the list of all the properties where this type of down payment assistance has been provided. MR. OCHS: Sure. COMMISSIONER HILLER: I'd like to know the total dollar, I'd like to know the houses, I'd like to know, you know, how we have secured those interests. I'd like to see every -- I'd like to see that it's all, you know, tick, tied and traced. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: Obviously I have concerns in light of the history with the division -- or department, I should say. The other thing I'd like is when you bring this back, provide examples. Because I want to see, you know, how this is going to be practically applied. Because I'm not sure it makes sense to have a policy. I can see very good reason not to have one at all. But, you know, if there is one, I want to see examples for every, you know, scenario that's contemplated by the policy that's being proposed. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Commissioner Coyle, you made a very good point is don't know if people can afford, you know, like 2,000 or 5,000 or something like that. From what I'm told and understanding from the people dealing with this from the foreclosure task force, on a short sale the banks are authorized -- the first is authorized a small amount, like two to $5,000 to satisfy the second. But again, we're -- tomorrow we're going to be -- I don't know, how much is this, 23,000? Page 137 September 27, 2011 MS. GRANT: 24,000 -- COMMISSIONER HENNING: 24,000. MS. GRANT: -- 727. COMMISSIONER HENNING: I don't know, we've never seen any of those on the agenda, but we have to write these off. You know, we haven't seen any. So I'm not sure who's keeping track of any particular cases where they go back to the first and we lose the second. So it's a bookkeeping issue. MS. GRANT: Okay. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, I wonder if we might also be able to find out when you're doing your research if this is possibly a function that could be better taken on by a nonprofit or something like the university extension or something of that nature that might be able to do this without us being personally involved. COMMISSIONER HENNING: It's Arlene. COMMISSIONER COLETTA: No, I understand that, I'm talking about future loans and taking money to do it. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yeah, the point that Commissioner Henning makes is a good one. I'd like to see how much has been lost also. And in fact Marla and I have been reviewing some transactions that you're going to be presenting shortly where it shows that in fact the down payment assistance was not recovered on the -- I don't know, how many of your transactions was it that we were looking at in your executive summary? MS. GRANT: In the executive summary for this item -- COMMISSIONER HILLER: Not on this item. MS. GRANT: Oh, I'm sorry. COMMISSIONER HILLER: On Marla's item. I think there was -- I forget the total dollar amount. Page 138 September 27, 2011 MR. OCHS: It was five or six homes. COMMISSIONER HILLER: Right. And it was something like MS. GRANT: Four homes. COMMISSIONER HILLER: -- 200 -- no, was it 160,000 or something like that in down payment assistance that was not recovered? MR. OCHS: We'll cover that -- COMMISSIONER HILLER: Right, but that's an example. All of that needs to be reconciled. I think the point I'm making is that we do need an analysis to support the questions that Commissioner Henning is raising. And it ties into in part what Marla is going to present shortly. CHAIRMAN COYLE: You know what the guidance you have now? MR. OCHS: Yes, we do. CHAIRMAN COYLE: No questions? MR. OCHS: No, sir. CHAIRMAN COYLE: Okay. Then we're going to take a 10- minute break and we'll be back here at 2:45. (Recess.) MR. SHEFFIELD: Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Okay, ladies and gentlemen, Board of County Commissioners meeting is back in session. Where are we going to go now, County Manager? Item #1 OE RECOMMENDATION THAT THE COUNTY MANAGER OR HIS DESIGNEE BE DIRECTED TO (1) DEVELOP AN AMENDMENT TO ORDINANCE NUMBER 98 -37; (2) REVISE THE IRRIGATION QUALITY WATER POLICY; (3) DEVELOP A STANDARDIZED Page 139 September 27, 2011 AGREEMENT FOR DELIVERY AND REUSE OF RECLAIMED WATER (MAJOR USER AGREEMENT) FOR CUSTOMERS THAT USE OR REQUEST AN ALLOTMENT AMOUNT EQUAL TO OR GREATER THAN 100,000 GALLONS PER DAY OF RECLAIMED WATER; AND, (4) DEVELOP A STANDARDIZED CUSTOMER AGREEMENT FOR DELIVERY AND REUSE OF RECLAIMED WATER FOR CUSTOMERS THAT USE LESS THAN 100,000 GALLONS PER DAY OF RECLAIMED WATER, ALL FOR FUTURE BOARD OF COUNTY COMMISSIONERS CONSIDERATION AT A PUBLIC HEARING — MOTION TO APPROVE AND BRING BACK AN AMENDED ORDINANCE AT A FUTURE BCC MEETING — APPROVED MR. OCHS: Commissioners, we're going to Item IOE on your agenda. It's a recommendation to move forward with a series of amendments to your County Ordinance No. 98 -37, regulating the use of irrigation quality water. And Mr. Yilmaz will begin the presentation. MR. YILMAZ: Thank you, County Manager. Good afternoon, Commissioners. And for the record, George Yilmaz, Public Utilities. Commissioners, as you know, in October, 2007 our board approved first reuse IQ water policy laying on the groundwork and foundation for IQ water master planning process and rate study to follow. I'm pleased to report to you that we have completed our first reuse master plan, and we've also followed it by, as IQ water policy indicated, approved by the Board, first IQ reuse rate study that was approved by the Board for current and next fiscal year in February of 2011 for this year and next year. When the IQ water policy presented in 2007, it was recognized that staff would come back to the Board to synchronize following Page 140 September 27, 2011 items: One, the IQ reuse policy. Two, the IQ reuse ordinance. Since 1998 we have not brought this to your attention and brought it up to our current standards all the way from regulatory to contractual to permit conditions that has changed since then. And lastly, standardized reuse agreements to be aligned with our current rate study, as well as to be in compliance with Florida administrative codes and current wastewater FDEP permit conditions and requirements relating to the distribution of compliant reclaimed water. CHAIRMAN COYLE: George, you're really asking us now just to authorize you to go develop a revised ordinance and bring it back to us; is that correct? MR. YILMAZ: Yes, sir. CHAIRMAN COYLE: For review and approval at another meeting. MR. YILMAZ: Yes, sir. This is simply -- that's exactly right. CHAIRMAN COYLE: A preliminary step, you want approval to go and develop some changes to the ordinance and bring them back for our consideration, right? MR. YILMAZ: Yes, sir. CHAIRMAN COYLE: That's really all we're talking about. MR. YILMAZ: We're simply asking authorization to work on multiple working pieces, bring it back to you in synchronized fashion, including stakeholders, delivery team, County Attorney's feedback and input, bring back to you a working draft so that you'll -- you'll see this, it lists more than once. But this is simply what you just stated, requesting approval for us to work -- CHAIRMAN COYLE: Well, I'd be happy for you -- to give you authorization to do that and we'll see what the other commissioners have to say. Commissioner Henning? Page 141 September 27, 2011 COMMISSIONER HENNING: Usually just bring an ordinance with a strike - through underline. I don't understand why we're asking to ask to bring a draft. MR. OCHS: Commissioner, I'm the guilty party on this one. This was a consent agenda item. I moved it to regular, just because I wanted awareness from the Board that we were going to go out to the stakeholders. Some of these stakeholders have had long- standing contracts that now we're going to ask them to be modified to make it into a standardized format. I don't know what the implications of that ultimately are going to be for the stakeholders, but in the event that there was feedback to the Board during this process, I didn't want you caught cold. So I just wanted to make you all situationally aware that we're working towards this standardization, and that's why it's on your regular agenda. COMMISSIONER HENNING: When you go out to the residents and say we're going to do this and that, make sure you tell them you don't have any authorization from the Board to do this and that, okay? We haven't approved it or we haven't even approved you doing it or even asking, because there's no information here. I don't want to get a whole bunch of fire saying it was approved by the Board of Commissioners to go out there and create a bunch of chaos in the community. MR. OCHS: Well, that's why we're having this discussion. We're not looking to create chaos, but we are going to look to standardize the major user agreement. How many do we have, George? MR. YILMAZ: We have 22 major users. And that all those contracts -- if I might, County Manager -- all those contracts, some 10, 151 20, goes back over 25 years old. And we need to standardize those contracts. And also for us to go and make changes to ordinances. In this case there's a reuse ordinance change that we need to make. We need Page 142 September 27, 2011 to come before the Board to inform that we will make such a change, get authorization. However we will not get ahead of our Board, nor our County Manager. Your points are well taken. This is simply authorization to look into synchronized well - organized package where we can bring back to you that is in synch with policy you have approved, ordinances updated to reflect our new terms and conditions for the permits we have, and furthermore, in synch with -- COMMISSIONER HENNING: The administration code. MR. YILMAZ: Yes. COMMISSIONER HENNING: I understand better now, you want to have a standard contract for all the users. MR. YILMAZ: Yes, sir. COMMISSIONER HENNING: And you need to do that through the ordinance. MR. OCHS: I wanted to try to be proactive to let you know that this is going on out there. CHAIRMAN COYLE: And my request to staff in preparation for this item was that you make sure that you vet it properly. MR. OCHS: Yes, sir. CHAIRMAN COYLE: Particularly through all the users, okay? That's my only concern. Commissioner Hiller? COMMISSIONER HILLER: Yeah, I think this is actually a great idea. And this ties directly in with hopefully the idea of developing those ASR wells that we started to develop so that we have more water, more reclaimed water, or all sources of water, as the case may be. So do we need a motion on this? Because I'll make a motion. COMMISSIONER HENNING: I'll second it. CHAIRMAN COYLE: Yeah, we'll need a motion. COMMISSIONER HILLER: I'll make the motion to direct the Page 143 September 27, 2011 County Manager or his designee to develop an amendment to the Ordinance No. 98 -37; to secondly revise the irrigation quality water policy; three, develop a standardized agreement for delivery and reuse of reclaimed water for customers whose allotment is equal to or greater than 100 gallons (sic) per day of reclaimed water. And also for a separate standardized customer agreement for those who use less than 100 gallons (sic) per day. MR. OCHS: 100,000 gallons per day. COMMISSIONER HILLER: 100,000 gallons per day, yeah. CHAIRMAN COYLE: Okay, we have a motion by Commissioner Hiller, seconded by Commissioner Henning. Commissioner Fiala? COMMISSIONER FIALA: Yes, I would just hope that maybe we don't increase the rates any. I know sometimes when we standardize things and we go back and check it through, the rates go up. And I don't think right now is a good time to be doing that. So I'm just hoping that you can do something about when you're standardizing them all sort of try to keep the rates where they are. Because we've upgraded them a number of times in the last few years. MR. OCHS: Yeah, I think you just adopted recently your utility rate package, correct, George? MR. YILMAZ: Yes, sir. MR. OCHS: Including your irrigation quality water -- MR. YILMAZ: This fiscal year and next fiscal year. COMMISSIONER FIALA: Okay, good. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. Page 144 September 27, 2011 CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion pass unanimously. Thank you, George. MR. YILMAZ: Thank you, sir. Item #1 OF RECOMMENDATION TO APPROVE CATEGORY "A" TOURIST DEVELOPMENT FUND 183 GRANT APPLICATIONS FOR BEACH PARK FACILITIES FOR FY 2011 -12 IN THE AMOUNT $1,025,000, MAKE A FINDING THAT THE EXPENDITURE WILL PROMOTE TOURISM, AND AUTHORIZE THE CHAIRMAN TO SIGN NECESSARY AGREEMENTS FOLLOWING COUNTY ATTORNEY APPROVAL — MOTION TO APPROVE THE REPAIR BUDGETS FOR THE TIKI ROOF AT BAREFOOT BEACH AND ADA RAMP REWORK FINDING THOSE ITEMS PROMOTE TOURISM AND DIRECT STAFF TO BRING BACK THE OTHER ITEMS FOR CONSIDERATION AFTER A COST REVIEW — APPROVED MR. OCHS: Commissioners, IOF is a recommendation to approve the Category A Tourist Development Fund 183 grant applications for beach park facilities for fiscal year 2011 -12 in the amount of $1,025,000, make a finding that the expenditure will promote tourism and authorize the Chairman to sign the necessary agreements following the County Attorney approval. And Mr. McAlpin, Coastal Zone Management Director, will present. MR. McALPIN: Thank you, County Manager. For the record, Gary McAlpin. As County Manager said at the last meeting, you directed staff to bring back for reconsideration the Category A 183 grant applications. Page 145 September 27, 2011 Since that time we have worked with our staff to review these. We've looked at history on what we have spent for like -- similar like jobs in the past and comparing them to what we have in the budget application. We've gone -- when we've had enough information, we have given it to engineers, third -party engineers and have engineers' opinion on it. We've worked with the community groups. Barefoot Beach, we've been working with for two and a half years, and we went back with them and talked pricing and scope with them. And at this point in time our recommendation is that -- not to change, and there's no changes in the budgeted items for these items. We've reviewed the cost. We believe that the costs are appropriate. I recognize that these are budget items that we -- anything we will spend we'll bring back to you. After we do the detailed definition and develop the scope of the job, you'll have a chance to review the scope of the job and approve it at that point in time. This is only for budgeting purposes. And I'll answer any questions that you have at this point in time. CHAIRMAN COYLE: And these are grant applications; they're not authorizations for expenditures. MR. McALPIN: That is correct, these are grant applications. We go through this process once a year, we solicit projects, we work with the community, we prioritize them, we try to estimate them as best we can based on that to move forward to develop these projects. CHAIRMAN COYLE: Okay. Commissioner Henning was first. COMMISSIONER HENNING: Somehow I missed -- it says here that we need to make a finding that the expenditures will promote tourism. We have to make those findings? MR. McALPIN: I have been recommended by the County Attorney that we should -- in all of these TDC grant applications that we should make that recommendation, yes, sir. COMMISSIONER HENNING: Was this on the last -- that September 27, 2011 particular language on the last agenda item? MR. McALPIN: I can't remember if it was. I don't know, Colleen, if you want to comment on this. COMMISSIONER HENNING: Well, no, I'm just trying to figure out, am I losing something that a -- we need to make a funding that -- finding that it promotes tourism. And one of the items is a chemical toilet in a tollbooth. MR. McALPIN: I think what we're looking at there, Commissioner, is that it's not the chemical toilet by itself but we're looking at an entrance improvement to the Barefoot Beach where we do something with the entrance sign, we do something with the existing tollbooth for the tollbooth attendant. It's been there for quite a while. We have a Porta -Let out to the side. We know we have to do something with that access area. Part of this investigation that yet has to happen when it is funded is what do we do with the variances that -- it's in a VE zone, so if it's a small enough structure, can we get a variance for it or can we incorporate something into the tollbooth where we have facilities for the tollbooth taker. So we don't know yet. We won't know until we do our investigation and do our definition. COMMISSIONER HENNING: I'm just trying to figure out how I'm going to tell the public that we made a finding to promote tourism by replacing a tollbooth, installing a chemical toilet -- MR. OCHS: Commissioner -- CHAIRMAN COYLE: Well, there are people who are likely to come to Collier County just to see a toilet in a tollbooth. I mean, that could be a tourist attraction. COMMISSIONER HENNING: I had one of those for sale at one time. I could have delivered it to your house. CHAIRMAN COYLE: I'm not trying to increase tourism at my house. Page 147 September 27, 2011 MR. OCHS: Commissioner? COMMISSIONER HENNING: Yes. MR. OCHS: If I might, just brief history. This item was on your last agenda as a reconsideration item, requested by Commissioner Hiller. It was originally approved by the Board as Item 16D.4 on July 26th of this year and the title for the item at the time you approved it in July was identical to the language you have in front of you here. COMMISSIONER HENNING: Yeah, and I was going to go back to the meetings. But what I'm saying is did I miss it or is this something new? And you just explained it's the same item, and I missed it, that I found it -- a toilet is -- in a tollbooth is going to increase tourism, will promote tourism. So I think I made a mistake then and I'm just trying to figure out how I'm going to justify increasing tourism for a toilet in a tollbooth. MR. OCHS: Commissioner, ultimately, you know, if the Board decides when we bring these projects back for authorization that you don't want to move forward, then simply -- COMMISSIONER HENNING: No, it's this item that we need to make findings. And I'm just -- is that right, Jeff, we need to make findings under this item? That's what the executive summary -- not to actually expend the money but actually say yeah, it's going to promote tourism. We'll put a sign out here we have an environmental friendly - COMMISSIONER HILLER: Toilet. COMMISSIONER HENNING: -- toilet in a tollbooth and advertise that on our promotions that we're trying to be environmental friendly. I don't know. I don't know, how am I go to go make that finding? Maybe somebody else could help me. COMMISSIONER COLETTA: I could. COMMISSIONER HENNING: Okay, great. COMMISSIONER COLETTA: You want me to at this time, sir? CHAIRMAN COYLE: By all means, if you could explain that, I'd love to hear it. September 27, 2011 COMMISSIONER COLETTA: Well, Barefoot Beach has been a special place for me for years. I've been going down there. And, you know, as Commissioner, when I'm there I always look around to see what's taking place. You wouldn't believe the situation you have at that booth now that sits in the middle. Small little thing. In order for a person to use the restroom, and usually it's one person in the booth, they have to find somebody that can come from some other area of the park or the system to be able to supplement them so they can go across the street behind this barricade where they have a Porta John. Meanwhile, this booth, they have a sliding door that they can use to reach the customers, but it doesn't slide. You can get it open and you can get it closed but it takes quite a bit of effort. So what you're forced to do is leave the door open all day long with the air conditioning running to try to keep reasonably cool. The conditions are really terrible. The sign that's down there -- and I know a little bit about signs because I got involved in them in my own community putting up the signs in Golden Gate Estates -- have deteriorated to the point where you can take your finger and poke it right in there. But if you find any holes in it, I didn't put it in there. The posts that are holding them, if you take a look at them, they're all dry rotted out. What they're looking to do is replace this with a material that's going to be more of a -- not of a wood construction but I guess it's going to be something like a concrete or something that's going to be lasting for a long time to come. I thought it was very excessive until I assessed where they were. Replace it with another wooden sign you might save a little bit of money but you're going to pay for it in the long run. The tollbooth itself is totally unfunctional (sic). Can you picture pulling up to Barefoot Beach Park and seeing a sign in the window, please wait, I'll be right back, and the cars lining up behind it? I mean, if we were really going to do this right, we would hook Page 149 September 27, 2011 them up to the sanitary sewer that runs out in front of there just about eight, 10 feet, I estimate. I'm sure they didn't put it in the preserve area, so I estimate it's probably under the highway. But that's not going to be practical. I mean, that would be quite expensive and it would require refiguring this whole thing past the point of being economically feasible. Now, how does it relate to tourism? Everything has to do with the appearance that you offer to what you bring people forward. To sign off or something, the booth itself in the dilapidated condition that it's in is a detriment to people coming in there. The facility they have, the learning center there, the educational center with the thatched roof, it's been there I guess since day one. I don't think it's ever been replaced. The thatching there is deteriorated to the point that it leaks like a sieve. There's all sorts of educational material in there that's susceptible to the rain that comes in. It's hard to take people underneath there if it's going to rain. There's numerous things. So, l mean, my own personal observation, being right there, I can very much see where we're going with this and that the price would be justified. CHAIRMAN COYLE: Well, if you -- COMMISSIONER HENNING: Can you answer my question? CHAIRMAN COYLE: -- would take a minute. COMMISSIONER COLETTA: Sure. Say it again. CHAIRMAN COYLE: Wait a minute. Take a minute to explain to us why a chemical toilet costs $40,000. 1 can pick one up for 150 bucks down at the marine store. MR. McALPIN: Well, the one you would pick up for 150 bucks at the marine store is probably not the one we would want to put in this facility. Chemical toilet would cost around 15, $16,000, and then we'd have to integrate it into this tollbooth. We've added additional funds to integrate that in there. Commissioner, this is a budget. We know we're going to have to Page 150 September 27, 2011 do something to make that work in this facility, and so we've identified $40,000 to integrate that toilet into the tollbooth. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Did Commissioner Coletta answer my question about promoting tourism with these expenditures, or should we hire him as a staff member? CHAIRMAN COYLE: No, I think he did a pretty good job. He's obviously very familiar with the area. It aids in the administration of tourism and gets tourists in the park in an expeditious manner. One could make the argument that yes, it promotes tourism by keeping people from having to wait in line to get into the park. MR. McALPIN: It supports our beach park facilities. Our beach park facilities are -- CHAIRMAN COYLE: Well, it's a real stretch, $40,000 for a chemical toilet. MR. McALPIN: Again, Commissioner, these are estimates in our budget that we've established. And once we do the definition, we'll come back to you with an actual cost. CHAIRMAN COYLE: Okay. All right, are both Commissioner Henning and Coletta finished with their -- COMMISSIONER COLETTA: I am. CHAIRMAN COYLE: Okay, then I'll go on. I guess Commissioner Hiller was next. COMMISSIONER COLETTA: I think so too. COMMISSIONER HILLER: Thank you. Gary, how many square feet is that toilet going to be -- that tollbooth? I'm sorry. MR. McALPIN: The whole facility we're looking to be relatively small. We hope it's going to be less than 50 square feet. We want to keep it as small as possible to make it functional. COMMISSIONER HILLER: Fifty square feet? Page 151 September 27, 2011 MR. McALPIN: Uh -huh. COMMISSIONER HILLER: Including the toilet? CHAIRMAN COYLE: 3,000 bucks a square foot. MR. McALPIN: That would -- obviously, Commissioner, we haven't worked out all of it yet, but I would anticipate that that would include the toilet facility that's incorporated into there. COMMISSIONER HILLER: That's $4,200 a square foot? MR. McALPIN: If your math is right, Commissioner. I haven't checked it. COMMISSIONER HILLER: Close enough. MR. McALPIN: When you look at the small facilities like that -- COMMISSIONER HILLER: That's a premium I find unbelievable. MR. McALPIN: -- it gets very expensive. COMMISSIONER HILLER: Yeah, but that's -- 4,200 bucks a square foot for a tollbooth and a chemical toilet, including the engineering and permit? MR. McALPIN: Commissioner, we paid in -- COMMISSIONER HILLER: I find that hard -- I know what you paid then. And prices have come down. And I can't compare what you're building there to here, but I will tell you, you know, a price of over $4,000 a square foot for a tollbooth and chemical toilet makes no sense. Repairing that tiki roof makes sense, and that needs to happen right away. In fact, that's long overdue. This grant application makes no sense either, because this is really not a grant application. We have those monies sitting there in Category A and when the time comes and you present these projects, we'll decide if we want to allocate those monies to those projects based on, you know, justification. But this isn't -- you know, to approve these projects, like 50,000 to contemplate a bathroom at Conner Park and at Sea Gate? When I Page 152 September 27, 2011 spoke to, I think it was Marla, we were talking about there wouldn't be a bathroom at Sea Gate. So why are we even contemplating 50,000 for that? You know, the new turnaround and parking lot rework, 500,000 (sic) to, you know, re- stripe the parking lot and improve the turnaround? That is just unbelievable. Now, I know you've asked an engineer to look at that and come up with a price, but you also told him, or it was publicly known that 500,000 you know is what is the amount requested. And, you know, you're basically setting the bar high. I can't support these numbers that make no sense at all. I certainly support the immediate repair, the tiki roof. And if the ADA ramp needs to be repaired, that needs to be done right away. But quite frankly, all these other things, I think you need to first of all find out if it's even realistic to propose them. Because no one, you know, in Pelican Bay has been consulted about the work that you're proposing on this new Clam Bay facility turnaround and parking lot rework. And I think they're probably going to have to give approval on that. And I don't even know if the community even wants that. You know, maybe they want a parking garage, for all I know. But again, I think we're just -- MR. McALPIN: Commissioner, we have been working with the Friends of Barefoot for two and a half years. COMMISSIONER HILLER: I understand that. MR. McALPIN: We have worked these -- COMMISSIONER HILLER: I met with -- I met with you with a representative of the Friends. That's not the issue. I told you that the roof repair makes sense, the ramp rework makes sense, but quite frankly the pricing on these other items make no sense at all. If any Commissioner here approves a budget that is over $4,000 a square foot for a tollbooth for a 50 -- did you say 50 square foot tollbooth? MR. McALPIN: Fifty square foot is what we're targeting. Page 153 September 27, 2011 COMMISSIONER HILLER: Holy Moly. MR. McALPIN: Commissioner, we have -- COMMISSIONER HILLER: Commissioner Fiala, off the record -- on the record, we want to make sure everyone hears what you said. You can get one cheaper at Ted's Sheds, you know. And Commissioner Coyle made a really good point. Where did you say you could get your chemical toilet? For how much? CHAIRMAN COYLE: At the marine store. COMMISSIONER HILLER: At the marine store. So, you know, maybe all of these projects are warranted, but the issue is at what price. And we have to be prudent and we have to be careful. And, you know, when I sat down with you, you said you could come back with better prices, you've come back and you said you can't. Obviously that doesn't make sense, because these prices are just out of line with reality. So if you want to try again, I would support you reworking this as much as necessary to bring the prices down to reality as much as possible. And that's really what we need to do. And some of these projects seem to be reasonably priced and those need to be approved and go forward. But the others either aren't warranted at all or are unrealistic. CHAIRMAN COYLE: I think we need to make the -- have the realization that this is not an authorization to spend any money; is that right? MR. McALPIN: That is correct. MR.00HS: Correct. CHAIRMAN COYLE: Before you spend a penny you've got to come back to us and say, I've got this really great chemical toilet and it's going to cost me $40,000, and you're going to have to justify that to us, right? MR. McALPIN: That's right. We're going to have to have a plan that we bring back to you with a price associated with that plan that Page 154 September 27, 2011 has a lot more definition in it, Commissioner. That's typically what we -- how we have been managing these projects -- CHAIRMAN COYLE: I understand, I understand. But you understand how it appears to the public. MR. McALPIN: Absolutely. And we want to make sure that whatever we do, we do it correctly. And on the tollbooths, we took -- we had history. In 2002 we did Tigertail and that booth cost 120,000. And when we did the tollbooth at Vanderbilt Beach garage, that was 150,000. So we didn't pull those numbers out of the air. We had some basis on which -- we had history on which we used those numbers for this budgeting process. So I just want to add that. However the board would direct us to proceed, that's fine. CHAIRMAN COYLE: Well, I think it's safe to assume that if you get approval to at least consider these projects, when you come back for spending authorization you're going to get a lot of tough questions, okay? Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you, sir. Yeah, Gary, I didn't get a chance to get in my questions. When I had, I jumped in there with my observations. The cost is always a concern. And, you know, you did come up with justification. Although I now begin to wonder if those other tollbooths might have been a little more extravagant than need be. I think with the way the Commission's going is that the motion's going to be to bring this back to us a little more specificity and justification to be able to reach some sort of decision we make. There's one thing that since we're going to bring it back and I haven't got the answers to yet would be what would be the cost and what would be the involvement to be able to tap into the sanitary sewer line to be able to make something there that would be a little more permanent as far as a toilet with a wash sink, you know, to be Page 155 September 27, 2011 able to use to be able to fit into what's more the norm rather than a chemical toilet. I'm a little bit concerned about a chemical toilet in that confined space. Although I'm sure Commissioner Coyle with his boat and everything could attest to the fact that it's no problem. CHAIRMAN COYLE: It's no problem. COMMISSIONER COLETTA: There you got it on the record. MR. McALPIN: I understand. And we would bring that back to you, we would bring the options back to you when we brought the items. If you would want to move forward with the engineering, authorize the engineering, we're asking for $25,000. That would give us enough money at this point in time to continue to develop these items and then bring with more definition back to you. COMMISSIONER COLETTA: You know, $25,000 to be able to design everything from the parking lot, the tollbooth to the tiki hut, covering the tiki hut, this would cover it all, it would -- MR. OCHS: You're not designing -- MR. McALPIN: It would not be designing, it would be doing a conceptual engineering due definition engineering to define the scope so that we could come back to you -- COMMISSIONER COLETTA: Forgive me, and I don't want to indicate that -- I just don't understand exactly what -- MR. McALPIN: It would be enough monies that we could go through and do the investigation so we could firm up the pricing. COMMISSIONER COLETTA: Yeah, well haven't we built tollbooths in the past that we could use as some sort of example? MR. McALPIN: You have, and we've cited them here. And obviously the prices are too high. COMMISSIONER COLETTA: Okay. Well, let me ask you this, Gary, just to be able to get this thing back on scope: If we authorize you to go forward and get pricing on what you have here today, would you need $25,000 still? Page 156 September 27, 2011 MR. McALPIN: We would need -- we would need some amount of engineering that would be required to identify the permitting, help us to look at options, identify where the sanitary sewer was. If you have to put in a lift station, what size lift station you would have to put in for that. We would need some money to flush out these items so they could price them, Commissioner. COMMISSIONER COLETTA: Flush out is -- that's a pun, right? MR. McALPIN: That is a pun. CHAIRMAN COYLE: That's in conjunction with my chemical toilet. MR. OCHS: Commissioner, could I -- one thing for clarification. This is a budget. This is dedicated funding. If you don't want to do any projects in this budget, say so. All the money goes down to the reserves in the project fund, it doesn't go anywhere else. It can't be used for anything else but 183 beach park facility projects. So it's a budget. COMMISSIONER HILLER: He's being -- CHAIRMAN COYLE: Okay, please. And I know what you're doing, okay? It's -- you're not spending any money on these things. You're going to come back to us and ask us for authority to spend it once you've defined a lot of this stuff. But all I think we're asking you to do is be sensitive to the impression that it creates when we talk about buying a $40,000 chemical toilet. MR. OCHS: Yes, sir. CHAIRMAN COYLE: Or renovating a 50 square foot tollbooth. We've got to be reasonable in these things. And maybe rather than just trying to break these things out into lots of little tiny components and assigning guesstimates to it, the best thing might be to do is just say renovations for the Barefoot Beach parking entrance and parking and that sort of stuff. And then come back to us with the details as you've pulled them together. Page 157 September 27, 2011 But you can understand what some people are going to do with those figures and those descriptions. MR. McALPIN: Absolutely. CHAIRMAN COYLE: Okay? So -- MR. MITCHELL: Sir, we have a public speaker. CHAIRMAN COYLE: Okay, we have a public speaker. COMMISSIONER HILLER: I wanted to make a motion. CHAIRMAN COYLE: No, you can't make any motions. COMMISSIONER HILLER: Yes, sir. CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: Can I make a motion? CHAIRMAN COYLE: Yes, go ahead. COMMISSIONER HILLER: Okay. I'd like to make a motion that we approve the budget for the Barefoot tiki roof repair and the Barefoot ADA ramp rework and defer any of the other budgetary approvals and have staff come back to us with revised numbers. And as far as hiring an engineer for 25,000 to do conceptual work on this, I mean, this budget here contemplates that all the engineering and permitting work would be done for 25,000. So to approve the 25,000 for engineering to bring back estimates based on concepts is just very inflated. We've got great staff, we have, you know, our own staff that can help with, you know, engineering and permitting and conceptual designs, and we should use in -house as much as we can and not contract from the outside. I mean, we've got people who can help develop these concepts. So my motion, as I said, to simplify is again approve the tiki roof repair, approve the ADA ramp rework, and have staff bring everything else back, you know, based on realistic budgetary numbers so that whatever isn't budgeted for stays in reserves and can be used towards whatever other project needs to be done. Because having these inflated budgets puts us in a position that we think money isn't available for other projects, and then we Page 158 September 27, 2011 shortchange the public. And that's not the way to do business. For example, the Seagate access bathroom could be dropped entirely. Clam Bay should be deferred. Connor Park may or may not be on there. COMMISSIONER FIALA: Is that part of your motion? COMMISSIONER HILLER: No, I'm just -- COMMISSIONER FIALA: Oh, okay. COMMISSIONER HILLER: -- clarifying. I'm rambling. COMMISSIONER FIALA: Okay, so I'll second the motion -- COMMISSIONER HILLER: It's getting late in the day. COMMISSIONER FIALA: -- without the ramble. CHAIRMAN COYLE: No rambling motions. COMMISSIONER HILLER: He rambled. CHAIRMAN COYLE: County Attorney? MR. KLATZKOW: And is that with a finding that these expenditures will promote tourism? COMMISSIONER HILLER: Well, we don't know yet, because I think he needs to come back and tell us -- MR. KLATZKOW: No, I'm talking about the ones you're approving. COMMISSIONER HILLER: Oh, yeah, the tiki but does promote tourism. The tiki but is actually used as the information center for tourists, and it has all the display information about the park, so it definitely is an informational booth for tourists. And the ADA ramp, you know, obviously that is a beach that is frequented by tourists and disabled tourists would not be able to visit but for a properly developed ramp. If that is a permissible use of tourist development dollars, and I defer to you to tell me that it is. MR. KLATZKOW: It's your findings. COMMISSIONER HILLER: Well, I'm not sure. I'm not -- can we go that far to define -- COMMISSIONER HENNING: You just did. Page 159 September 27, 2011 COMMISSIONER HILLER: I know, but I don't know if I'm right. COMMISSIONER HENNING: You are. I agree with it, so you must be right. CHAIRMAN COYLE: If you get two more votes, you're going to be right. COMMISSIONER HILLER: tell me -- No, I want the County Attorney to CHAIRMAN COYLE: If you don't get two more votes, you're going to be wrong. COMMISSIONER HILLER: --I'm correct. CHAIRMAN COYLE: I just need to ask a question about that. I have absolutely no problem with the intent of the motion. But once again, we're not at the point where we're approving expenditures. We're only approving budgeted numbers, even though we're talking about the tiki roof repair and the things that most of us think are appropriate to proceed with. But in order to proceed with it, what you're going to do is you're going to go out and get a bid on these things, and then you're going to come back to us, aren't you, to get our approval to award that bid? MR. McALPIN: Virtually we would go back to the Parks and Rec advisory board first, then to the TDC and then to the Board of County Commissioners. CHAIRMAN COYLE: Okay. So I'm reluctant to give you the impression that we're approving the expenditure of this money. If we change the wording to we will approve the budget for these things contingent upon you presenting to us an appropriate contract that does not exceed the budget and justify that contract, then I'd be real happy with it. Okay? Is somebody going to second -- COMMISSIONER COLETTA: That's me. CHAIRMAN COYLE: -- Commissioner Hiller's -- that's Page 160 September 27, 2011 Commissioner Coletta. COMMISSIONER COLETTA: Commissioner Coyle, I think when you hit the light that you gave me permission to speak. CHAIRMAN COYLE: Yes, I did. COMMISSIONER COLETTA: Thank you. You're right. We're bringing this back, so I'm not too sure where we are with this, unless the motion is not to consider these other items any further. COMMISSIONER HILLER: No, the motion is to direct staff to review the costs and come back with a realistic budget. Because the fact is -- COMMISSIONER COLETTA: That I can go with. COMMISSIONER HILLER: Let me explain why. The problem is, I will say right now, I would not support funding -- I mean, actually expending money to build a tollbooth that costs over $4,000 a square foot. COMMISSIONER COLETTA: Okay, I understand. COMMISSIONER HILLER: I mean, if that's -- the reality, if we don't have any other choice, then we have to come up with some alternative to a tollbooth. COMMISSIONER COLETTA: May I put it -- the trouble with your motion is the fact that the way you broke it up. If you just -- you raise those concerns, you put it in there and you put this forward with the idea we're going to review the whole thing when it comes back. COMMISSIONER HILLER: Well, no, what I -- no, what I'm saying is we're going to -- the budget should reflect two new items, the ADA ramp and the tiki roof. With respect to the other items, staff needs to go back and come back with a realistic budget. And it may turn out that the budget is reduced from, you know, a million, 25 minus the 480, so it could be reduced from the balance remaining of what, 900,000 down to 500,000, and we get to leave 400,000 in reserves. Page 161 September 27, 2011 COMMISSIONER COLETTA: I understand exactly where you're coming from. But the other way, like Commissioner Coyle was talking, still gets you there. But here's the thing: You left out the sign. The sign is not going to last much longer, it's going to be coming down in short order. If we don't have the funds, we put them in reserves, we have to go through this whole process again. So if we left this thing open, staff understands that the -- COMMISSIONER HILLER: I spoke to -- COMMISSIONER COLETTA: Let me just finish; I'll just be one second. Staff understands that we all have concerns over the cost of the tollbooth, much less the chemical toilet. But, you know, and they're going to have to address them when they come back. So if they come back and we can go ahead and take a look at this here, maybe they can drop the cost on this by half. Who knows? But I think we need to also take a look and give concern about the cost of the tiki hut. How do you know that's a fair price for that? COMMISSIONER HILLER: The -- COMMISSIONER COLETTA: Do you know that the ramp is a fair price? That's why we need to get it out on bid, have it come back and get open discussion on it. COMMISSIONER HILLER: The Barefoot sign, the staff -- we actually met with one of the representatives of the Friends of Barefoot, and her representation was that the sign was the least of her concerns and that the roof repair and the ramp were at the top of their list of their needs. And based on -- you said that -- what evidence did you produce again for the ramp and the roof repair? I don't remember the details now. But you had presented information to me and I thought that was reasonable back then. MR. McALPIN: The ramp that's existing there needs to be modified, it's not ADA compliant. We need to make sure that it's ADA compliant. Page 162 September 27, 2011 The roof is -- needs to be repaired. It's leaking. And they do not have a facility where they can conduct any of their learning centers, and we need to repair that facility before it degrades any longer. COMMISSIONER COLETTA: And I did have my light on and I haven't finished yet. COMMISSIONER HENNING: I call the motion. COMMISSIONER COLETTA: The sign -- I have to bring up to you about the sign. When you go to Barefoot Beach, in order to find the place, you got one sign or two signs out on the main highway that are just so big. You drive through a community that has a large edifice out front, their guardhouse. You have to drive all the way back to about, I don't know, feels like it's a mile and a half. It might not be quite that far, but you have to drive all the way back before you get there. And the first thing to greet you is a sign that's in very much disrepair. You can stick your hand right into it, it's that soft. So I mean, to say that wouldn't have something to do with tourism, it would be a deterrent not to have the sign for tourists to ever find the place. It's difficult enough now. And that's my concern. And so I -- the way you have the motion worded, I'm having difficulty with it and I really couldn't vote for it. COMMISSIONER FIALA: So if she added the sign to her motion, would that be acceptable to you? COMMISSIONER COLETTA: Well, that would get me a lot closer, but, you know, it's -- it would. What other items were in there, Gary? COMMISSIONER HILLER: The bottom line is it's not what Commissioner Coletta thinks is important, it's what that community thinks. And that community did not see the sign as a priority. Again, it goes to the issue of the cost. And we had discussed that the cost for the replacement of the sign could readily be less. COMMISSIONER COLETTA: And I met with -- Page 163 September 27, 2011 COMMISSIONER HILLER: I don't think it's going to take Gary a whole lot of time to come up with new numbers. I also think he can also come back piecemeal and he can put it on the consent agenda where the items are lesser. I mean, if he can reduce the cost of the sign by 10,000, put it on consent, we can get that approved. COMMISSIONER COLETTA: Commissioner Hiller, I also spoke to her, and she didn't give me that impression that she was opposed to the sign. She was focusing on the -- COMMISSIONER HILLER: Tiki hut. COMMISSIONER COLETTA: -- educational center, because that's where her group works. COMMISSIONER HILLER: And that's what -- COMMISSIONER COLETTA: She had no objection to the sign, she had no objection to the -- so be honest about it. COMMISSIONER HILLER: That's what I am. COMMISSIONER COLETTA: You make it sound like she was opposed to the money being spent on the sign. COMMISSIONER HILLER: No, what I said -- COMMISSIONER COLETTA: She was -- COMMISSIONER HILLER: -- it was not a priority. COMMISSIONER COLETTA: Well, I'm sorry. CHAIRMAN COYLE: Stop, stop. COMMISSIONER COLETTA: You're right. MR. MITCHELL: Sir, your speaker is Ted Raia. COMMISSIONER HENNING: Call the motion. COMMISSIONER COLETTA: Wait, you've got a speaker. CHAIRMAN COYLE: Ted Raia is not here. MR. MITCHELL: He's not here, so that was your only public speaker. CHAIRMAN COYLE: Now, if I knew exactly what the motion was, I would be happy to call it. COMMISSIONER HILLER: Would you like me to repeat it? Page 164 September 27, 2011 CHAIRMAN COYLE: The problem was, as it was originally phrased, it was an approval to spend money on two specific items, the tiki roof repair and the ADA ramp. COMMISSIONER HILLER: To approve the budget for the tiki roof repair and the ADA ramp rework. CHAIRMAN COYLE: Okay. So -- COMMISSIONER HILLER: And that we find that those budgetary allocations support tourism. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Promotes tourism. COMMISSIONER HILLER: Promotes tourism. Sorry. CHAIRMAN COYLE: Okay. And that was seconded by Commissioner Fiala? COMMISSIONER FIALA: Yes. COMMISSIONER HILLER: And then the other part -- CHAIRMAN COYLE: Do I detect reluctance? COMMISSIONER HILLER: -- of the motion was to let -- COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: Well, okay, it's still -- we still got a motion and a second. COMMISSIONER HILLER: Can we call it, please? CHAIRMAN COYLE: We can. All in favor, please signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed by like sign. Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Okay, it passes 3 -2 with Commissioner Coyle and Coletta dissenting. Page 165 September 27, 2011 Item #I OH RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO OLDCASTLE SOUTHERN GROUP, INC. D /B /A APAC SOUTHEAST, INC. FOR BID NO. 11 -57575 OIL WELL ROAD SAFETY IMPROVEMENTS FROM 1/4 MILE WEST OF THE FAKA -UNION CANAL TO 1/2 MILE WEST OF OIL WELL GRADE ROAD IN THE AMOUNT $1,698,855.46 — APPROVED MR. OCHS: Commissioners, Item IOH is a recommendation to award a construction contract to Oldcastle Southern Group, Incorporated, doing business as APAC Southeast, Inc. for bid No. 11 -5757. It's Oil Well Road safety improvements, Project No. 60016, in the amount of $1,698,855.46. COMMISSIONER HENNING: I don't know if we need a presentation. CHAIRMAN COYLE: No. COMMISSIONER HENNING: Mr. Chairman, if you don't mind? CHAIRMAN COYLE: Go ahead, please. COMMISSIONER HENNING: I'm going to make a motion to approve on this item. I met with staff and they assured me that they don't have the money to widen Oil Well Road, and it is a safety issue, Sheriffs Department recognizes it. COMMISSIONER COLETTA: I'll second it. COMMISSIONER HENNING: And the landowners in particular, Ave Maria, and somebody needs to state this on the record, is in agreement that the impact fees are not coming in from that development. That was a part of the agreement to expand this section of road. And they agree with widening the road until impact fees come in. MR. AHMAD: Good afternoon, Mr. Chairman. Jay Ahmad, Page 166 September 27, 2011 your Director of Transportation Engineering, for the record. I have not been in contact with Ave Maria. Nick Casalanguida of my office, our Deputy Administrator, has. So I may let him answer that question, if he would. COMMISSIONER HENNING: Great. MR. CASALANGUIDA: Good afternoon. For the record, Nick Casalanguida. Commissioner, you know, I just want to make sure I understand the question. So I've spoken to Mr. Blake Gable and David Gensen representing Ave Maria and Barron Collier Companies. They've said to me that they'd like to see the safety improvement coming in, recognizing there's no impact fees coming in right now for the expansion. But they've also said they'd like to talk and consider about bringing in the project before the AUIR Golden Gate /Wilson intersection, recognizing those impact fees would be different from the agreement that's set right now with them, that that's a recognized county need project. But they haven't put that in the form of an actual agreement or email yet. But they said as the AUIR comes forward in front of this board, they'll work with me on doing that. COMMISSIONER HENNING: Okay. And the AUIR is coming up, has gone through the Planning Commission -- MR. CASALANGUIDA: This week. COMMISSIONER HENNING: -- this week. And the AUIR is coming back to the Board of Commissioners -- MR. CASALANGUIDA: I don't have the date. I believe it's in late October, early November. MR. OCHS: It's 15 November. MR. CASALANGUIDA: 15 November. COMMISSIONER HENNING: Okay, so if we don't get that correspondence from Ave Maria, we can also reconsider this contract? MR. CASALANGUIDA: Well, I don't think that's the case -- Page 167 September 27, 2011 COMMISSIONER HENNING: I mean, I don't want to do that, but I don't want to get in a situation where we had an understanding -- MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: -- and then all of a sudden their understanding is different than our understanding. MR. CASALANGUIDA: Let me assure you, I have it, because I think we're on the same page. You'd hate to see us put $1.7 million into a pavement widening program, only to be asked three to five years to do the road expansion if things picked up a lot. So you'd like to -- not that we expect that money to come in that fast. COMMISSIONER HENNING: Right. That's absolutely right. That -- this improvement should last 10 years. And we hope the money comes in less than 10 years to make those capacity improvements. MR. CASALANGUIDA: Right. COMMISSIONER HENNING: But I still would like something in writing from the developer out there, because we do have an agreement with them -- MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: -- to expand Ave Maria. And I don't want to get in a situation where I understand it takes three votes -- or four votes, and they understand it takes three votes. MR. FEDER: If I could, for the record, Norman Feder, Administrator, Growth Management Division. These are two separate issues. And while there's a relationship, Commissioner, if you bear with me for a second -- while there's a relationship, I want to make sure that you understand that right now the impact fees being collected within that district and the adjacent district, which is part of our developer contribution agreement, aren't meeting within the five years. Quite a long past that, the collections necessary for about 33 million to widen this middle section of Oil Well Road. 0-1-mob September 27, 2011 Unless things change around very, very rapidly, you're well over five years. What we've got as a situation where we've gotten foot lanes with no paved shoulders opening up with multi lanes on both sides of it, and a lot of freight movement between the two. It is not a safe situation. COMMISSIONER HENNING: Right. MR. FEDER: So I can tell you that we probably won't be there for five years, which is basically our rule of thumb, that we don't resurface if I'm going to be doing something within five years, unless my conditions are really bad, and I got safety issues here. And more likely it will be longer. Now, as a separate issue, we noted that we're doing this and we had the issue come up of trying to move on Wilson, because it's a big priority for us, it got pushed out. We said if we can get the intersection, we'll do ourselves well. And then of course development came forward. That was where that discussion went is would we be able to ,do that intersection improvement without committing those impact fees from that district and the adjacent district on that section of Oil Well. That won't get them the multi - laning that quickly, because there's not that many dollars. And it appears that they're agreeable for us to move on the intersection improvement on Wilson -- at Wilson on Golden Gate Boulevard. But that is not why we're doing this job of widening to normal 12 -foot lanes and putting in paved shoulders. So that's why I said there's relationship, but not one for one. Even if they don't agree to that, I need to address the safety issue. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I'm sorry, Commissioner Henning, your motion wasn't for just approval, it was for approval with a condition that Ave Maria agree with you about the vote being Page 169 September 27, 2011 required for any kind of variances or anything to be four rather than three? COMMISSIONER HENNING: No. COMMISSIONER COLETTA: Okay, I'm sorry, please state the motion and I'd be happy to second it. COMMISSIONER HENNING: It was a motion to approve. COMMISSIONER COLETTA: Okay, but there was no side conditions to it? If there wasn't, I apologize for interrupting. COMMISSIONER HILLER: Per the contract? COMMISSIONER FIALA: And you seconded it, right? COMMISSIONER COLETTA: Second. COMMISSIONER HENNING: Well, no, I mean, I have a -- the ability to reconsider it. The only issue that I have is we're being told, just like we were previous with takes a super majority versus a super majority (sic) and other people had different ideas. So if we have it in writing, because we do have that contract with Ave Maria to widen Oil Well Road and this section also, we have something from the development that agrees from, you know, what we're being told is yeah, the monies are not there, Wilson and Golden Gate needs to be improved, then I'm fine with that. I just don't want to make an improvement where we're going to have to be forced to widen it prematurely, that's all. And that's not in the motion, it was a discussion. The motion is to approve this item. COMMISSIONER COLETTA: And my second remains. COMMISSIONER HILLER: In the motion? CHAIRMAN COYLE: All right, all -- yes, Commissioner Hiller? COMMISSIONER HILLER: Shouldn't it be in the motion? COMMISSIONER HENNING: No, I -- COMMISSIONER HILLER: I mean, I think you're making some very valid points. And, you know, to the extent that these Page 170 September 27, 2011 arrangements can be properly memorialized so, you know -- COMMISSIONER HENNING: How long will it take you to get the project started? MR. CASALANGUIDA: I think we're ready to go, but I think maybe we need some clarification. We do a five -year CIE. I think we can get easily clarification from them that they're not going to ask us within this five -year CIE to widen the middle section if by some miraculous reason we get money and so we get value out of this pavement resurfacing, I don't think they'd have a problem telling us that. Because we don't foresee the revenue coming in. And, you know, we plan on that pavement resurfacing to last beyond that. But I think I can get that commitment on the record. COMMISSIONER HENNING: Well, it's a widening because of safety reasons. MR. CASALANGUIDA: Yes, sir. But we wouldn't be doing anything else to do anything to that road within a five -year period. I think that's a reasonable request. I think they would be happy to provide that to us. COMMISSIONER HILLER: I could support it if you made that a condition of your motion. COMMISSIONER HENNING: I mean, you know, and I think that's reasonable, but I didn't want to slow it down either, is that we get something in writing from the parties in agreement on Oil Well Road stating that they're not going to force us to make any widening in this section for -- MR. CASALANGUIDA: Five years. COMMISSIONER HENNING: Five years? MR. CASALANGUIDA: Yep. I think we can get that, sir. I don't think that would be a problem. CHAIRMAN COYLE: Okay, we have a motion and a second. COMMISSIONER HILLER: Did you modify your motion? COMMISSIONER HENNING: (Shakes head negatively.) Page 171 aye. September 27, 2011 CHAIRMAN COYLE: All in favor, please signify by saying COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Item #1 OJ It passes unanimously. RECOMMENDATION TO APPROVE THE PURCHASE OF LIABILITY, AUTOMOBILE, WORKER'S COMPENSATION, FLOOD, AIRCRAFT, AIRPORT AND OTHER INSURANCE AND RELATED SERVICES FOR FYI IN AN ANNUAL AMOUNT OF $1,443,951, A REDUCTION OF $147,390 — APPROVED MR. OCHS: Commissioners, that takes you to Item IOJ on your agenda. It's a recommendation to approve the purchase of liability, automobile, Workers' Compensation, flood, aircraft, airport and other insurance and related services for fiscal year 2012 in the amount of $1,443,951, a reduction of $147,390. Mr. Walker is available to answer questions, or make a presentation. CHAIRMAN COYLE: Motion to approve. COMMISSIONER HENNING: I just have one question. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, Commissioner Henning, go ahead. COMMISSIONER HENNING: In the authorization, are we Page 172 September 27, 2011 delegating to staff to enter into any agreements on behalf of the board? MR. WALKER: For the record, Jeff Walker, Risk Management Director. What we're asking you to do here is to permit the County Manager or his designee to sign things like applications that have to be turned in to the underwriters, those types of things, so that we can actually complete the application process and get coverage bound. But, you know, the Board's approval is because this is an insurance contract, it's a contract of adhesion, meaning it's a one -sided agreement, there really is no signature on an insurance contract to be executed by the chairman of the commission. COMMISSIONER HENNING: County Manager -- or County Attorney, are you okay with this not a delegation of staff to enter into a contract through an application? MR. KLATZKOW: The insurance will be for different buildings, I take it? Jeff? MR. WALKER: Well, it's for various lines. For example, we buy helicopter insurance. MR. KLATZKOW: Okay, and the Board's approved -- MR. WALKER: And the Board's approving the purchase of that. And essentially for each of these lines of coverage there is an application that has to be completed. MR. KLATZKOW: But the Board's approved each and every -- MR. WALKER: That's right. It's listed by line in the attached. COMMISSIONER HENNING: Okay, thank you. I'll second that. CHAIRMAN COYLE: Okay, motion by me and second by Commissioner Henning to approve. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. Page 173 September 27, 2011 COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Okay, let's go to K, County Manager. Item # 1 OK RECOMMENDATION TO OBTAIN DIRECTION FROM THE BOARD OF COUNTY COMMISSIONERS ON HOW TO PROCEED WITH AN EASEMENT AGREEMENT FOR USE BETWEEN COLLIER COUNTY AND BEACHFRONT PROPERTY OWNERS REQUIRING PROPERTY OWNERS TO PROVIDE PUBLIC BEACH ACCESS IN EXCHANGE FOR PUBLICALLY FUNDED MAJOR BEACH RENOURISHMENT, VEGETATION PLANTING AND DUNE RESTORATION TO SUBJECT PROPERTY — MOTION TO DISCONTINUE ANY FURTHER ACTION ON THIS ITEM — APPROVED MR. OCHS: Okay. IOK is a recommendation to obtain direction from the Board of County Commissioners on how to proceed with an easement agreement for use between Collier County and beachfront property owners requiring the property owners to provide public beach access in exchange for publicly funded major beach renourishment, vegetation and dune restoration to the subject property. Mr. McAlpin will answer questions or present. CHAIRMAN COYLE: Motion to drop the idea. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COYLE: Yes, go ahead, Commissioner Henning. COMMISSIONER HENNING: The County Attorney forwarded Page 174 September 27, 2011 me a ruling, court ruling that addresses this issue. And Jeff, if you can touch on that? MR. KLATZKOW: Yeah, the City of Destin and the sheriff of Volusia County developed a policy that would allow their people to use their beaches based on the customary use. Same sort of issue we have with Moraya Bay. COMMISSIONER HILLER: No, not at all. MR. KLATZKOW: No, no, if I may, all right? And the policy was that people could use the beach 20 feet into the dry sand area, because they've always used it that way. The -- there was a condo association that brought suit against the sheriff because the sheriff simply wasn't citing people for trespassing, and the court ruled that whether or not a sheriff brings suit or brings an action for trespassing is a matter for discretion for the sheriff. So that down the road should there be a problem again like Moraya Bay, you do have this tool in the toolbox that we could bring back. It's not the issue for today. You've got a different executive summary before you. I'm just noting that you do have this ability on the customary use working with the sheriff to keep the beaches open, should the Board at a later date make that determination. COMMISSIONER HENNING: You mean if the Board should choose to adopt a policy? MR. KLATZKOW: Yes, down the road. COMMISSIONER HENNING: Down the road. Part of the motion, can we give that direction, is for the staff to develop a policy for the Board to consider in the future? COMMISSIONER HILLER: What kind of policy? CHAIRMAN COYLE: I think it's excessive. I don't think we've got a problem right now. And if we do, we'll take the same action we took before to resolve it. Or we'll take whatever action we need to resolve it. But as long as we don't have a problem, I think this process of asking for easement agreement is going to get us into more trouble Page 175 September 27, 2011 than it's worth. COMMISSIONER HENNING: Okay, well, let me just ask the County Attorney -- CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: --one thing. Should we adopt a policy prior to having an issue, or can we adopt a policy when we have the issue? MR. KLATZKOW: You can adopt the policy when you have the issue. COMMISSIONER HENNING: Okay. I'm fine. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: First of all, the state provides means for the county to have access over private beaches in order to renourish the state beaches. And no easement is required, as described here, to do that. Secondly, with respect to such an easement, makes very clear that the county's position is that, as is the state's position, as has the Court's positions been, that everything with respect to dry sand is private property and with respect to wet sand is public property, and that public property is state lands. I don't -- I think we only have one county beach, if I'm not mistaken. With respect to the case that Jeff cited, the issue in that case was whether or not the sheriff can be forced to basically go after someone that's trespassing. And no, I mean, he has the discretion to decide whether or not he's going to go after someone for trespass, be it on, you know, private beach property or anybody else's private property. So I don't think, you know, that sets any sort of precedent at all for anything. I mean, the case law with respect to customary use is pretty clear, and the Supreme Court has ruled on this recently with respect to another matter. And I really don't know why we keep bringing this Page 176 September 27, 2011 back over and over again. I asked Leo why this was back on the agenda, and he said because we had to bring back information as to what the position of the cities were. I haven't heard a word about that. And so I don't even know why this was brought forward again. I mean, it sounds to me like someone just wants to stir the pot. MR. OCHS: No, ma'am, the Commissioners -- COMMISSIONER HILLER: Okay, then if there's a report to -- MR. OCHS: -- directed us to go to the cities and get feedback -- COMMISSIONER HILLER: And what did the city say? MR. OCHS: -- and bring it back to the Board -- COMMISSIONER HILLER: And they said no. MR. OCHS: Yes, ma'am. Yes, ma'am. COMMISSIONER HILLER: I know. So my point is if the answer is no, then -- MR. OCHS: Then the Board needs to tell us no. COMMISSIONER HILLER: Okay, so can we call the vote -- MR. OCHS: That's why we're here. COMMISSIONER HILLER: -- then? And thank you for calling lt. CHAIRMAN COYLE: Please. That's a good idea, thank you. All in favor of the motion to discontinue the effort to get easements for beach access -- COMMISSIONER HENNING: Beach renourishment. CHAIRMAN COYLE: Beach renourishment, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Page 177 September 27, 2011 (No response.) CHAIRMAN COCLE: It passes unanimously. So this effort is terminated permanently. Item # 1 OM RECOMMENDATION TO DIRECT THE COUNTY MANAGER OR HIS DESIGNEE TO AMEND THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) AND RIGHT -OF -WAY ORDINANCE IN REGARDS TO STORAGE CONTAINERS, PLANNED UNIT DEVELOPMENT (PUD) ANNUAL MONITORING REPORTS, SPECIFIC STANDARDS FOR THE LOCATION OF ACCESSORY BUILDINGS AND STRUCTURE PROVISIONS TO INCLUDE PERSONAL STORAGE CONTAINERS (PODS), NUMBER OF DOGS ALLOWED IN RESIDENTIAL DISTRICTS, AND EXCEPTIONS TO A RIGHT - OF -WAY (ROW) PERMIT MEETING SPECIFIC CRITERIA — MOTION TO APPROVE STAFF'S RECOMMENDATION ON ALL ITEMS EXCLUDING PERSONAL STORAGE CONTAINERS ON WHICH CODE ENFORCEMENT WILL PLACE A "STAY" ON ENFORCING VIOLATIONS FOR PROPERTIES THAT MEET CURRENT ZONING PROVISIONS AND FOR STAFF TO BRING BACK REVISIONS AND CLARIFICATION THROUGH THE NORMAL LDC CYCLE PROCESS — APPROVED MR. OCHS: Commissioners, Item IOM is a recommendation to direct County Manager or his designee to amend the Collier County Land Development Code and right -of -way ordinance in regards to storage containers, planned unit development annual monitoring reports, specific standards for the location of accessory buildings and structure provisions to include personal storage containers, number of dogs allowed in residential districts, and exceptions to a right -of -way Page 178 September 27, 2011 permit meeting specific criteria. This item was moved onto the regular agenda at Commissioner Hiller's request. CHAIRMAN COYLE: Okay, Commissioner Hiller? COMMISSIONER HILLER: Yeah, my concern was with respect to these accessory buildings and structures to include these personal storage containers. And I'm very concerned about these personal storage containers being allowed as, you know, permanent structures out there, in light of the fact that, you know, obviously they're, you know, not hurricane standard buildings. So from the standpoint that they could possibly be lifted or somehow affected adversely with respect to surrounding buildings because of hurricane winds, I really am very concerned about that. I don't have as much of a problem with any of the other issues, and I expressed my concerns to staff. So I would approve -- I'd make a motion to approve everything that's being proposed except for the storage containers, the pods. CHAIRMAN COYLE: Well, these -- this is applicable only to the Estates -- COMMISSIONER HILLER: Right. CHAIRMAN COYLE: -- zoned property? COMMISSIONER HILLER: Right. But it doesn't matter. I mean, the risk is the same for someone in the Estates as it is for someone outside of the Estates. I mean, we haven't -- CHAIRMAN COYLE: Well, I guess I'd like to hear from somebody who has the Estates and has talked with some of the people there. MR. CASALANGUIDA: If I could add, sir -- Nick Casalanguida, Deputy Administrator, Growth Management. I spoke to Gary Harrison, our building official. His quote to me this morning, some of these things weigh two to six tons. If this thing blows away, you're going to have bigger problems than -- but clarification on what's in the executive summary. Commissioner Page 179 September 27, 2011 Hiller brought up, I think we made a mistake calling them pods. I think if it's a container that meets the setbacks and has a building permit, because it should have a building permit so we can verify the structure of it, these pods are kind of a brand name, like Nikes, and some of these things are made out of Tyvek and wood and dropped in your front yard. So I would call them just storage containers and eliminate the word pods in this reference to them. COMMISSIONER HILLER: Can I ask for clarification? MR. CASALANGUIDA: Sure. COMMISSIONER HILLER: So this is basically allowing this in the Estates but not anywhere else? MR. CASALANGUIDA: No, right now pods are allowed throughout the county on a temporary basis, that -- COMMISSIONER HILLER: On a temporary basis. MR. CASALANGUIDA: Three to five days. COMMISSIONER HILLER: Now, are we going to -- and I guess that's my question again, you want to allow these in the Estates on a permanent basis? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: But nowhere else in the county. MR. CASALANGUIDA: Right. Because they're not -- it's not considered a residential district. The Estates is underlying ag., and it's that, that whole exemption we allow for the Estates for many things. So right now if you want to put a storage container and it's tied down or an engineer says it weighs two or three tons and you want to put it in the back of your yard and you want to put farm equipment in it -- COMMISSIONER HILLER: But as of right now no one can have a pod out there for temporary purposes or permanent reasons. MR. CASALANGUIDA: You can. And we've issued building permits to some of these. And I want to stop using the word pods. That is a business brand, pods. COMMISSIONER HILLER: Pursuant to what law? sl • l September 27, 2011 MR. CASALANGUIDA: I'm sorry, ma'am? COMMISSIONER HILLER: How could you have -- I mean, I thought we were modifying the Land Development Code to allow this, so how have we been permitting these if they weren't otherwise allowed? MR. CASALANGUIDA: Because our building officials issued permits in the past. Susan Istenes at the time made a definition clarification. I mean, even in her definition she called them containers. And Gary's quote to me was if they come through and show structurally they're sound, they're no different than a shed. They're not sightly like a shed. I mean, it might look a little bit more like a steel container, which they are. But Gary's point to me was if they prove that they're structurally sound and if they're light and they're tied down like a shed, he said, as a building official, I wouldn't have a problem approving that. So it's a definition conflict that we have between zoning and building. COMMISSIONER HILLER: And it would be considered a second structure on the property? MR. CASALANGUIDA: An accessory structure. COMMISSIONER HILLER: An accessory structure. MR. CASALANGUIDA: Right, an accessory structure. So I think that's the clarification. Because there's hundreds of these in the Estates. So I think as long as they're not in the front yard, as long as they get a building permit and meet the setbacks, I think, you know, it's good to clarify that and make sure the code's there. Otherwise I'm having Diane knock on a lot of doors and say these thing's got to go. COMMISSIONER HILLER: Is that what she's been doing now? MR. CASALANGUIDA: Well, she's getting calls on them. And I'll let Diane talk about the history of them, if -- COMMISSIONER HILLER: I mean, you and I discussed it, but Page 181 September 27, 2011 I never discussed it with Diane, so I'd love her perspective on it. MS. FLAGG: Currently we have two open cases. Now, those two cases would not meet these parameters, because they actually don't meet setbacks or in the front yard, but if we put a stay of enforcement and allow the containers that meet the parameters that the Zoning Department has put forth, then there are storage containers out there that can remain. And as Nick referenced, we do have storage containers where the Building Department did issue a permit, because they believed they were structurally sound, but the Zoning Department had determined that they were not allowed. COMMISSIONER HILLER: So what you're going to do now, if this is enacted, you're going to basically send out some sort of notice to everyone in the Estates that they need to get permits to allow these containers to stay where they are, or how are you going to handle that? MS. FLAGG: As the complaints come in, what we do is we go and we would look at the storage container, verify that it meets these parameters, and then close the case because it would be no violation. COMMISSIONER HILLER: So you're only going to deal with complaints coming in, you're not going to deal with all the ones that are out there that don't have building permits to support their existence? MS. FLAGG: If we come across through the various foreclosed homes, vacant home sweeps, neighborhood sweeps and we see one, then we could verify it at that time. COMMISSIONER HILLER: So you're going to allow all these out -- CHAIRMAN COYLE: Okay, Commissioner Henning, you were next, I think. COMMISSIONER HENNING: Well, let me try to shed some light on this. Page 182 September 27, 2011 Diane, per our conversation, the ones out there that have a building permit, if we approve this, they are valid, they're not unvalid (sic) like the conversation we had. MS. FLAGG: Correct. COMMISSIONER HENNING: Okay, good. What happened was I was watching the Code Enforcement Board meeting, and Code Enforcement Board members, some of them even had a problem with staffs interpretation of this, allowing those containers in Golden Gate Estates. And I agree, I totally agree with some of the advisory board members, this is a structure, a storage structure that is no different than a metal building. And I think it -- the issue is these pods are industrial pods. Is that fair to say, that's where staff is coming, because they're an industrial use? MR. CASALANGUIDA: (Nods head affirmatively.) COMMISSIONER HENNING: Here's where I disagree with staff. We have many metal buildings in Golden Gate Estates. They're industrial, metal buildings. And I bet you you can find an industrial lawnmower out there. So you have industrial uses. And furthermore, so you already have an industrial structure allowed. And this is an industrial structure. The second point is the latest memo points to a section of the code which identifies setbacks. And in the header of those setbacks it states not applicable to Estates zoning, okay. A setback is not a use, a setback is where that particular structure is. So in my opinion, going out there and even telling the residents they need to put it in the backyard before the Board adopts this is wrong. I think the Board should set some criteria for those particular uses and where they should be for the character of the community. But in my opinion, they're allowed now. And Diane and I had this conversation, and I told her that a Commissioner has one in Golden Gate Estates. In fact, he mentioned Page 183 September 27, 2011 that at the dais here back in 2003. COMMISSIONER HILLER: Who was that? COMMISSIONER HENNING: He said he had a permit for it. He had to get a permit. And somebody was complaining because they had to get a permit for something and he, staying on the topic, naturally, had to explain how he had to get a permit for his storage unit. And that's when she called me back in two days and verified and said we're going to come back with an LDC amendment to make them allowable. But again, do whatever you want, I'm going to argue that they're allowable today. MS. FLAGG: Commissioner -- CHAIRMAN COYLE: Okay, can we -- Commissioner Coletta? COMMISSIONER COLETTA: Yes. And it's nice to be referred to many times. I'm the Commissioner that owns one of these steel shipping pods, whatever you want to call it in the back, and I duly permitted it back in 2002 and complied with everything that I had to do to make it legal. So here's the thing: Now, at this point in time because of the fact that I am directly impacted by this, I don't know if I can participate in the vote. Is this something that would -- CHAIRMAN COYLE: No, you can do it. MR. KLATZKOW: You're fine. You're already permitted. COMMISSIONER COLETTA: Yeah, I did. I did it by permit. And everything was legal then and it's still legal today, as far as I'm concerned. So that's where we are. I just wanted to share that with everybody. CHAIRMAN COYLE: Is there a motion from somebody? COMMISSIONER HENNING: I'm kind of reluctant to make a motion right now. Now, Diane told me even though that Commissioner Coletta has September 27, 2011 a permit and she just said it and confirmed it now, that permit is not valid unless the Board takes action on making a stay. MS. FLAGG: Let me clarify: The Building Department issued a permit, the Zoning Department determined that they weren't allowed. So what we're doing is we're getting the Building Department and Zoning Department on the same page. COMMISSIONER HENNING: Right. But you told me even though -- you're saying the Zoning Department determined it wasn't an allowable use -- MS. FLAGG: Correct. COMMISSIONER HENNING: -- therefore, the permit is null and void. MS. FLAGG: Haven't taken that position -- we know this is what we have. We have permitted -- COMMISSIONER HENNING: Well, I have an interpretation on some of those official interpretations, like the one that Susan Murray says, that when a permit is issued by mistake, that that permit is null and void. It happened in the Grieder case. And by the way, I bet you could find a -- in fact, I know there are permits in a trailer park in Immokalee, okay? But there was an interpretation by some that those mobile homes are not allowed in that zoning district. Just like you're saying with the pods, they're not allowed in the Estates zoning district, according to this. And I disagree with it, just like I disagree with the interpretation of having a mobile home park in certain classifications in Immokalee but you're saying those permits are not any good unless they come in and rezone the property. MS. FLAGG: Commissioner, I will say that we have an issue where one department has issued a permit, another department has said they're not allowed. And what we're trying to do is seek a resolution. Because we don't want to take action until we make sure everyone's on the same page. Page 185 September 27, 2011 COMMISSIONER HENNING: Right. Absolutely. We're just trying to get clarification about -- because if we're changing our mind on interpretation about issuing permits is okay, even though it was issued by mistake, it's not allowed, according to Susan Istenes's memo in 2003, you need to put that in writing so we can take it out to Immokalee and say those structures are legal. MR. CASALANGUIDA: If I could add some, Commissioner, to Susan Istenes's memo. This is why it gets a little confusing and I think we brought this to the Board. She put in the last paragraph, containers used in conjunction with a bona fide agricultural use. And the agricultural zoning district may be located on property consisting of at least five acres. So long as these containers meet the required setbacks for permanent structures and do not encroach in any road right -of -way or easement. Containers will not be placed on the property in any residential district -- which the Estates is not -- in the Estates district, unless they are to be used in construction sites as described above. So it was kind of all over the place, and I think that's why we said, you know, this is one of those that through the LDC amendment cycle process because we have hundreds of these throughout the Estates, we wanted to bring it to the Board and say look, let's not bring anybody to the Code Enforcement Board until we vet this thing through the LDC cycle with the public involved and everything else. COMMISSIONER HENNING: Well, here's another problem that I have with that. MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: This interpretation. MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: This is a planning manager that made this interpretation. MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: Per our code, it states that the September 27, 2011 planning director shall interpret the code, okay. MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: Well, look, folks, all they're asking us to do is to stay the enforcement until you can get an ordinance to us. MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: We're not trying to design -- COMMISSIONER HENNING: I apologize, Mr. Chairman. CHAIRMAN COYLE: Okay. We don't want to spend all day on this. COMMISSIONER COLETTA: No, we know. CHAIRMAN COYLE: Commissioner Coletta, let's bring it to a close and let's get a -- COMMISSIONER COLETTA: Fine. CHAIRMAN COYLE: -- motion about staying the -- COMMISSIONER COLETTA: It's been a very interesting conversation. And it's kind of unique how it comes up at this point in time, but that's okay. 2002 when I got that permit they were being issued for this as a normal course of events. It wasn't a special privilege. I had to go through the whole thing. An architect was involved. Mario Lamendola was the architect. It was quite a process, and it was quite an eye opener too, what was involved to be able to get a permit. So everything has been done with the greatest of intentions in place. Now also, too, I want to share with you that I speak for the people out in Golden Gate Estates. There has never been an issue from anyone come into my office or any of the meetings I ever attended as far as storage containers in the back part of the property away from the front. Had never been an issue. I never heard anything even with ones that may be at the wrong area of the lot, maybe close to the front next to the property line. Never heard a complaint. However, with that said, in about another year we're going to be talking about putting together a new master plan for Golden Gate Page 187 September 27, 2011 Estates. At that point in time I'd like to have that as a real issue for them to be able to discuss and see what the will is. Remember, Golden Gate Estates is a different animal. People moved out there because they liked the large expanse, they liked their wooded areas, they liked -- they're not required to even maintain their yards if they don't want, but most people do. There's a certain amount of freedom that went with it. So here we are today. I think I understand where Commissioner Henning's going. He said he doesn't have an issue, but he did bring up some points that were of concern to him. So just to be able to bring this to a conclusion, there hasn't been a motion made, I make a motion to move this forward. CHAIRMAN COYLE: Okay, moving it forward means a stay of enforcement for the properties that meet these provisions and guidance to the staff to bring revisions through the scheduled land development cycle and ordinance amendment process for final adoption. COMMISSIONER FIALA: And I'll second that. CHAIRMAN COYLE: And that's seconded by Commissioner Fiala. COMMISSIONER HENNING: I have a question. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HENNING: For County Attorney. So this makes a stay on the present permitted storage structure, storage pods, storage containers, whatever you want to call it. CHAIRMAN COYLE: Accessory structures. COMMISSIONER HENNING: Accessory structures. Those permitted structures will not be looked at -- since we gave that direction, will not be looked at as that permit is voided; is that correct? MR. KLATZKOW: My understanding is that we're keeping status quo until this issue gets back to the Board. There will be no code enforcement on this issue. CHAIRMAN COYLE: Okay, now, code enforcement. It says September 27, 2011 stay of enforcement is the key, key provision? COMMISSIONER HENNING: Whether it be permitted or unpermitted. MR. KLATZKOW: Whether it be permitted or unpermitted. You may decide to grandfather everybody. I have no idea how many of these things are out there. If you've got 500,000 out there, I mean, you know. COMMISSIONER HENNING: Well, I think there may be some wishes to set some standards for setbacks or location of it. Even though that you've put a metal building, industrial metal building in your front yard, maybe there's some wishes out there to put them in the backyard or the side yard or -- CHAIRMAN COYLE: Well, they'll surface during the LDC process and the hearings that we have. COMMISSIONER HENNING: Okay. As long as these permits are valid until we take action at the LDC. Because if it doesn't pass then you have to enforce the unpermitted and permitted. Is that right? MR. KLATZKOW: I don't necessarily agree with that. I think the permanent ones are fine. But without having to get into that discussion, this issue's going to come back to the Board. At that point in time there'll be a decision made. CHAIRMAN COYLE: Yeah. And hopefully staff will have held the public hearings, gotten the information from the public, come back and present it to us and we'll make a more informed decision about what ordinance we want to create to deal with the problem. Right? Okay. COMMISSIONER HILLER: Can I ask a question? CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: Nick, help me again. My concern is the safety issue of some of these containers potentially not being strong enough to be wind resistant or alternatively not being properly strapped or, you know, whatever other issues may arise because of the UUMM September 27, 2011 risk in the face of high winds. MR. CASALANGUIDA: The building official has the same concern, ma'am. COMMISSIONER HILLER: Okay. So we've got a bunch of these trailers in the Estates. MR. CASALANGUIDA: Yes, ma'am. CHAIRMAN COYLE: And they're being used for storage. I'm sure you know a lot of gardeners have trailers on their properties to store their equipment or their waste, as it case may be. How are you going to get the word out and then how are you going to enforce the necessary safety standards? Just to sit here, and what I'm hearing -- and maybe I'm not hearing this correctly, is everyone saying, well, we'll just sort of grandfather everything in, and even if it's not strapped down, it's okay. I mean, is that what we're saying? MR. CASALANGUIDA: I think our intention was -- COMMISSIONER HILLER: That's what I'm trying -- I'm trying to -- I mean, there's been so much conversation back and forth and I'm so familiar with this. And you and I spoke about it and you tried to educate me, and I read the material, but, you know, I'm not a container expert. So help me out, just tell me what you're going to do. CHAIRMAN COYLE: Well, you don't know what you're going to do, okay? You haven't gone through the hearing process. You're going to go through the Land Development Code process, you're going to go through all the advisory boards that are necessary. You're going to solicit information from the public and then you're going to come up with some recommendations about number one, how do you make sure these things are safe; number two, whether or not they're going to be setbacks and a whole host of considerations we haven't even talked about today. And then you come back to us and we will probably have some changes we want you to put in there, and then we'll debate those. And Page 190 September 27, 2011 then we will finally get a new ordinance or Land Development Code established and it will describe how we do all this stuff, okay. We can't do it now. We cannot create this document today. COMMISSIONER HILLER: I understand that. I just want to have some idea -- if I'm going to approve that it be amended, I want to have some idea of what staff is recommending as to what they think is the best proposed amendment. I just want -- with respect simply to the safety issue, that's all I want to know. Forget about all this other stuff. MR. CASALANGUIDA: Ma'am, for clarification, if Diane comes across one of these in a backyard and she feels that she needs clarification of one of our building officials whether it's a safe structure or not -- because some of these things are pretty dilapidated. So if we go out, we find one that's not in good condition or looks like it could be a hazard, I would think she'll ask one of our building officials to check it out. If it's not permitted, we can ask them to strap it down until this is done to make it safe. So if we do find one of these that's in bad shape, could be a hazard. We'll work with the property owner to make sure in the meantime as we're going through this process that it does not become more of a hazard to the people around them. COMMISSIONER HILLER: And your goal prospectively is that there would be an amendment that would ensure that all of these meet building code standards and that they would be permitted by you. MR. CASALANGUIDA: That's correct, ma'am. COMMISSIONER HILLER: Got it. CHAIRMAN COYLE: Give me a break. All right, we're -- COMMISSIONER COLETTA: My turn. CHAIRMAN COYLE: No, it's not your turn. It's a turn for the court reporter to have a break. It's been an hour and a half now, and we're going to take a break. And when we come back here we're going to vote on this issue and get rid of it. Page 191 September 27, 2011 COMMISSIONER COLETTA: Call the question. CHAIRMAN COYLE: I'm not going to call the question. We're taking a break. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Well, we need to have one more person on the dais. COMMISSIONER HENNING: Well, Ian's here. MR. MITCHELL: I'll sit down. COMMISSIONER HILLER: I'm coming. CHAIRMAN COYLE: Okay, Commissioner Henning, go ahead and tell us. COMMISSIONER HENNING: Well, staff s recommendation is outlined in the executive summary, and they're saying they want these industrial storage containers in the rear, but that's a future amendment. I'm saying, and, they agree, just don't do any enforcement. That's the amendment to the motion. And I hope that Commissioner Coletta comes back. When he comes back he'll agree with. Don't do any enforcement until the committees and the staff adopt policy for these storage containers, okay? CHAIRMAN COYLE: Yeah. slightly. COMMISSIONER HENNING: maker comes back. Then let's modify the motion You have to wait till the motion CHAIRMAN COYLE: Not necessarily. COMMISSIONER HENNING: We should dock his pay. CHAIRMAN COYLE: I seconded it, didn't I? If it's not -- okay. COMMISSIONER HENNING: You have to amend your motion, Commissioner Coletta. COMMISSIONER COLETTA: Why is that? CHAIRMAN COYLE: You explain it to him, Commissioner Henning. Page 192 September 27, 2011 COMMISSIONER HENNING: I will. Staff s outline that the storage pods are to be in the rear, the Board hasn't made that policy. First of all, we need to make sure it is okay in the Estates district with location criteria. There are some in Golden Gate Estates that are in the front yard. Now, what staff is going do, they're going to go out there and say move them out in the back, the Board is going to pass a policy making them legal in the rear. But we haven't made that policy yet. COMMISSIONER COLETTA: That's correct. So how can you give directions to move them? COMMISSIONER HENNING: Well, then what we need to do is amend your motion to say don't enforce pods in Golden Gate Estates, period. COMMISSIONER COLETTA: Diane, you got something you want to add to that? Sounds realistic to me. MS. FLAGG: Yeah, it is very realistic. We're just suggesting that the recommendation -- your motion stays the same with the exception of the storage containers. So all other aspects of this recommendation in regard to the economic development section with the retail that we implement now as proposed with the exception of the storage containers where we just put a stay on enforcement with no parameters, and then let it go through the LDC process. COMMISSIONER COLETTA: Okay. But also with the understanding that there's no guarantees that this is going to happen. MS. FLAGG: Correct. COMMISSIONER COLETTA: Okay, I amend my motion. CHAIRMAN COYLE: Okay, let's make sure we understand what it is. Now, your recommendation was that the Board approves a stay of enforcement for properties that meet these provisions. And by that I understand it says for properties that are zoned Estates, okay? Because there are no provisions concerning the storage facilities yet, because you haven't come back with an ordinance to do that. And Page 193 September 27, 2011 we've told you to stay enforcement, period. End of story. Whether in the front, the side or on top of the house, we've told you to stay enforcement until you come back with procedures. MS. FLAGG: Correct. CHAIRMAN COYLE: Right? MS. FLAGG: Correct. CHAIRMAN COYLE: Now how is it we have to change this? MS. FLAGG: The other four aspects, which is the one where it's a vacant retail center, what we would like to do is to be able, with your approval, to have the permitting department start filling some of these vacant retail centers now, if it's been vacant up to a year, rather than right now if it's been vacant for 90 days, they cannot issue a permit until the center's brought up to current code. What we're asking the Board's approval to do is to allow the permitting department to allow it to be vacant up to a year that they can still issue a permit to occupy without bringing it up to current code. COMMISSIONER HENNING: Then that's a part of the recommendations, and that's a part of the motion is to accept staff s recommendations. So if that just clarifies. CHAIRMAN COYLE: No, the motion doesn't really accomplish that. So okay, so let me propose some wording to the motion, okay? That we will accept the staff s recommendations with respect to everything except storage structures. And with respect to storage structures, we will approve a stay of enforcement for the properties that meet these provisions, which are Estates zoned properties. And the proposed revisions for the storage structures will proceed through the scheduled Land Development Code cycle and ordinance amendment process for final adoption. Now, does that very specifically address the issue? MS. FLAGG: Yes. CHAIRMAN COYLE: Okay, now, that's Commissioner Page 194 September 27, 2011 Coletta's motion and Commissioner Henning's second. COMMISSIONER HENNING: No, I didn't second it. CHAIRMAN COYLE: All right, then I'm going to second it. COMMISSIONER FIALA: I think I did. CHAIRMAN COYLE: Okay, Commissioner Halas -- Fiala. COMMISSIONER COLETTA: Halas, oh, my -- COMMISSIONER FIALA: Just call me Frank. But I have a question. Just a quick one. You just said Estates. Does that refer to all Estates lots? CHAIRMAN COYLE: All Estates zoned property. COMMISSIONER FIALA: Okay, good, thank you. COMMISSIONER COLETTA: One last comment. And I appreciate you helping me with the wording of the motion. I realize that this is going to go through a process. And whatever the outcome of it is, I will comply with whatever that outcome in, just like I expect every citizen in Collier County to comply with code enforcement directives. CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. COMMISSIONER FIALA: Anybody have a patience pill here? CHAIRMAN COYLE: I ran out of patience about two hours MR. OCHS: Commissioners — CHAIRMAN COYLE: Okay, let's go to 1ON. Page 195 September 27, 2011 Item #ION RECOMMENDATION TO APPROVE A BUDGET AMENDMENT RECOGNIZING $284,110.45 IN REVENUE GENERATED AS PROGRAM INCOME WHEN CONVEYING PROPERTY ACQUIRED THROUGH THE NEIGHBORHOOD STABILIZATION PROGRAM — APPROVED MR. OCHS: It's a recommendation to approve a budget amendment recognizing $284,110.45 in revenue generated as program income when conveying property acquired through the Neighborhood Stabilization Program. This item was brought forth by Commissioner Hiller from the consent agenda to the regular agenda. CHAIRMAN COYLE: Okay. Now, let me remind everybody, this is a recommendation to accept the money we got from selling these properties. It is not a time to regurgitate all of the things that are wrong with this particular program. We're being asked to merely approve the acceptance of the money that we got from selling certain houses. If we want to talk about how much money we've lost, which is a lot, then let's do that some other time. Okay? Commissioner Hiller, go ahead. COMMISSIONER HILLER: Let's talk about the money we've lost. Can you go ahead and put the schedule -- yeah, there you go. Can you -- not the timeline but the other one that's in the front of the agenda, the part of the executive summary. MS. RAMSEY: I don't know if I have that in there. COMMISSIONER HILLER: It's the one right here. Can we borrow this one? Thank you. We've got it here. Marla, it's right here. MR. OCHS: You're referring to this, Commissioner? COMMISSIONER HILLER: The reason I wanted you to basically explain what happened and how we sold these homes and Page 196 September 27, 2011 then also address how the down payment assistance, you know, as we talked about earlier, and that I had made reference when you presented this you would have the opportunity to explain that essentially those down payment assistance funds are not being recovered. The net proceeds revenue column doesn't represent any monies that we have made. In fact, overall with respect to the sale of these homes there has been a loss. But when you look at this schedule, it doesn't make clear that that's what's happened. And while I understand that with respect to subsidizing affordable homes, there is potentially a loss when you engage in this, I think it needs to be made clear for the benefit of the board and the public exactly what we are losing and how much. So can you go through this chart and explain it for the benefit of everybody? Especially in light of all the concerns with what's going on with housing and how Commissioner Coyle thinks it's not a good idea to be a part of the programs and we should be out of it and, you know, this may be one of the reasons why. MS. RAMSEY: Well, first of all -- I'm sorry. CHAIRMAN COYLE: It is definitely one of the reasons why. But isn't it obvious that we got -- we spent $505,000 -- COMMISSIONER HILLER: Can you let the staff explain? That was my direction. I pulled the item. CHAIRMAN COYLE: Yeah. And -- COMMISSIONER HILLER: Marla did a wonderful job reviewing this with me and I think the public should have an opportunity to hear her explanation and make clear what, you know, this chart doesn't make clear. Go ahead. MS. RAMSEY: Okay. For the record, Marla Ramsey. The first column that you have that says expenditures, that is the total amount of dollars that we have put into the piece of property, whether it be the purchase of it or the rehabilitation of it. Page 197 September 27, 2011 The second column is the appraised value as it relates to the house. And you cannot -- for our mortgage companies, they will not sell or purchase the house if it doesn't meet the appraised value. The -- a column that talks about unrecoverable funds are things that we're unable to be put up against the grants, mowing the grass or maintaining the property in a static position. The one that talks about the down payment assistance, the reason you don't see like a loss column somewhere is because there is a potential that the down payment assistance could come back to us in out years. For example, if the homeowner sells the house and they would have to pay off this portion -- in the first one it's $38,000. If they rented the house out they would lose that opportunity as well and would have to pay it back. Or if they refinance the house, they would need to pay that back. So there are some situations where that funding could come back to the county. So it's not a total write -off. Then the last column that we have, that's the check that we actually receive from the mortgage company. And that's what we're asking you to recognize today and allow us to put it into the revenue fund. So there is a loss on every property. It is designed to be that way. That is the way the program is. We cannot, by the grant requirements, make a profit off the houses. COMMISSIONER HILLER: So as it stands right now, on the $505,000 invested, the loss is $220,000. And that's with an assumption we may not collect down payments. That's the worst case scenario. MS. RAMSEY: That would be a worst case scenario. COMMISSIONER HILLER: Can you just clarify one thing? You say there's a -- the appraised value is $90,000 less than the 505, notwithstanding our improvements to that property. That's attributable strictly to the continued decline in the market. Even though we bought these properties, improved them, they still have been depreciating, is it because you bought them a while ago or is it because it's indicative of, Page 198 September 27, 2011 you know, the market, you know, taking a turn for the worst now? Can you give me some indication of that? MS. RAMSEY: I think there's a number of different reasons why it could be that way. But part of it is is that we might have bought a really, I use the word, dog that we had to put a lot of money in, but it's in a neighborhood where maybe the house isn't worth as much as we had to put into it in order to bring it up to code and make it a sellable piece of property. So just, you know, prior to getting your mortgage you always go out and get an appraisal on a property to find out what it's worth and then we have to reduce the sales price for that much to start with. COMMISSIONER HILLER: And you're going to -- with the down payment assistance that you have here, that will be part of the accounting that you're going to give us to address the questions raised by Commissioner Henning, right? MS. RAMSEY: We can. I was going to do SHIP, but if you want this one -- these are two separate funding sources. COMMISSIONER HILLER: I think it should be done for all of them. I don't think it matters whether it's the neighborhood stabilization or SHIP. I mean -- and if I wasn't clear on that, I apologize. But what I wanted to know is, you know, how much we're putting forward with respect to down payment assistance using both federal and state funds, not just state. MS. RAMSEY: Very good, we'll do that. COMMISSIONER HILLER: Thank you so much. CHAIRMAN COYLE: Okay, I'll make a motion to approve the recognition of the $284,110.45. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: And a side note is this is a really dumb program. And if it were up to me, I wouldn't ask for anymore federal grants to do this thing. I wouldn't do it at all. It is absolutely crazy to spend this kind of money for this kind of return. Page 199 September 27, 2011 So in any event, I got a second from Commissioner Coletta. COMMISSIONER COLETTA: Yes, you do. CHAIRMAN COYLE: All in favor -- Commissioner Henning? COMMISSIONER HENNING: While we're off the topic, can I bring up something? CHAIRMAN COYLE: No. COMMISSIONER HENNING: Okay. COMMISSIONER HILLER: You are so feisty this afternoon, Commissioner Coyle. COMMISSIONER HENNING: Wasn't it the direction of the Board in July to bring back at the next meeting how to dispose of these, the homes that we have in inventory? MS. RAMSEY: We are bringing back what we're going to do with the various properties that we have. We just couldn't possibly make that at the next meeting. We're actually running it through our advisory board, taking some of the plans that the staff has, running it through the advisory board so we can vet it. They've had one meeting. They're having a sub - committee meeting I think again on Friday of this week. And so we wanted some public vetting as well. And then we're also talking with some various non - profits to find out what the capacities are that they have so that we bring back a nice package for you at the -- later this fall. But, you know, a couple more meetings. COMMISSIONER HENNING: I'm just trying to -- I recall us in July saying bring it at the next meeting to dispose of them. If that is wrong, I apologize. I just was assuming when we come back from break that we'd have an agenda item. So obviously I was wrong on that motion. CHAIRMAN COYLE: Probably not wrong, but I'll tell you what I think happened is we said come back to us with a plan to extricate ourselves from this program, which required a lot of considerations, because some of them were in the process of being Page 200 September 27, 2011 sold, others were still in the process of being rehabilitated. There were a whole lot of different circumstances involving different properties. So it probably just took staff a longer period of time to come up with a good effective plan to extricate us from this program in the best, most efficient manner. We don't want to do something stupid. MS. RAMSEY: Correct. CHAIRMAN COYLE: We don't want to do anything else stupid. So that's where I am. MS. RAMSEY: Couple things that we really -- we have not purchased more. That was a very clear option. We have not started construction on another rehab. But there was some houses, these are some, that we were almost done that there was direction to go ahead and finish those off and get them off our books. Whatever the process was, to do it as quickly as possible. And we are working through that. There are some nuances that we find as we dig a little deeper of things we have to think of and to take into consideration to make sure at the end of the day that we're as clean as we can be when we bring you the process. CHAIRMAN COYLE: Commissioner Hiller, do you have anything else on this issue? COMMISSIONER HILLER: I just want to understand one thing. And correct me if I'm mistaken with respect to this, but the amount that we provide as down payment assistance is whatever the difference is between the amount the bank will lend and the -- I assume the appraised value of the property? MS. RAMSEY: Minus the unrecovered funds, yes. COMMISSIONER HILLER: So we actually -- when we get the down payment assistance, it's not based on any sort of qualifier of the purchaser but rather just the difference between these numbers. MS. RAMSEY: Well, they do have to be eligible for the program to begin with. But then the dollar amount is really based upon what the mortgage company feels is the number that they're Page 201 September 27, 2011 willing to loan. And this is conventional mortgages we're going with. COMMISSIONER HILLER: Right. And I understand. And this basically is what is driving the laws, if you will. MS. RAMSEY: That's correct. COMMISSIONER HILLER: So let me also ask one more question. And again, this is just for my education, and I think for the public's benefit. How are you advertising these homes for sale and how are you qualifying potential buyers? Because there are people out there who need homes and, you know, I think it would be beneficial right now to describe, because we do have a large inventory of homes for sale, you know, where can people learn about them and, like I said, how do you qualify. MS. RAMSEY: Well, all the qualification is done through our office. As a matter of fact, maybe I can have Megan just give a real quick synopsis of what she does, if you want to hear it real fast. COMMISSIONER HILLER: For the benefit of the public. Because, you know, people might be listening or the paper might be writing and they could add a little bleep that would be something to the effect of, you know, we've got so many houses four sale, this is what you need to do to qualify, this is who you should speak to, and it could help accelerate the disposition of the properties and put some people into an affordable home. MS. RAMSEY: Well, one of the things that we're also doing as we come through the plan is the marketing plan, so we have a marketing element we're doing too. But Megan in our office is the person that they would contact if they're interested in seeing one of these homes. We have gone to a number of job fares, we went to the schools -- COMMISSIONER HILLER: Are they listed with brokers? MS. RAMSEY: They are not listed with brokers. We have not been able to get that one solidified yet. But I think we're close to Page 202 September 27, 2011 being able to do that. It has something to do with broker fees and some other things we're trying to work out. COMMISSIONER HILLER: So right now the only advertising is through our website? MS. RAMSEY: Websites, word of mouth, sending out to various employers. We think that our -- bringing on job fairs, that kind of stuff. COMMISSIONER HILLER: And the qualifications as a purchaser are? MS. RAMSEY: Well, they slide. It depends on your income and the number of people in your household. COMMISSIONER HILLER: Too difficult to explain in brief? MS. RAMSEY: Well, it starts with a median income and then, for example, 71,000 something, and, you know, if you have four people in your house then your income needs to be "X ", and that would allow you then to be eligible for it. We do up to 120,000 minimum of the median income and so a lot of our teachers and firemen, et cetera, are eligible for these. So we keep seeking that level of community person to come and to seek them out. COMMISSIONER HILLER: So are you targeting gap? COMMISSIONER HENNING: That's not on the agenda. COMMISSIONER HILLER: I know. I just want to make sure, because, I mean, if we're trying to -- CHAIRMAN COYLE: Why don't you get off -line with Marla and she'll explain it to you. Commissioner Fiala -- COMMISSIONER HILLER: Don't explain it to me, explain it to the Naples Daily News and get them, if you can, to write an article so that we can get these houses sold, because I think it would be a great opportunity to promote it. And you're right, it's not on the agenda. Thank you for pointing Page 203 September 27, 2011 that out. But I think it's -- CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER HILLER: -- important to get it sold. COMMISSIONER FIALA: Yes, we mentioned down payment assistance. Where does that many come from? MS. RAMSEY: The down payment assistance is left in the house. To build the house you did it with federal funding and then we left the money in the house. And then we got -- COMMISSIONER FIALA: No, I mean where does it come -- do we give them down payment assistance to buy this? And if we do, is that SHIP funds or home funds or -- MS. RAMSEY: No, it's NSP funds. COMMISSIONER FIALA: NSP funds. So we have different funding pots for down payment assistance for different types of homes; is that it? MS. RAMSEY: It's not a cash element. If you look at the first line item, we have a $130,000 home in there. We can't recover $2,000 of it. You take that off. We left $38,000 in the house. We did not recover it, we just left it in the house. That's the purchase price, that's the rehab price, $38,000 we left it in the house and we sold it for 90. So a house worth $130 we sold for $90,000. And that's what that means when we left it in the house as a down payment assistance. CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Page 204 September 27, 2011 MR. OCHS: Commissioners, Item 1 I is the annual performance appraisal for the County Attorney. CHAIRMAN COYLE: Did we skip O? 100, did we skip 100? COMMISSIONER FIALA: 15A10. MR. OCHS: No, that was moved back to your consent agenda. CHAIRMAN COYLE: Oh, I'm sorry, I'm sorry. MR. OCHS: I'm sorry. No, that was withdrawn. That was withdrawn this morning as part of your change sheet. Item #1 I A THE ANNUAL PERFORMANCE APPRAISAL FOR COUNTY ATTORNEY — APPROVED CHAIRMAN COYLE: All right. 1 IA, is that where we are now? MR. OCHS: Yes, sir. CHAIRMAN COYLE: Okay. Motion to -- COMMISSIONER HENNING: I'll make that. COMMISSIONER FIALA: And I'll second it. COMMISSIONER HENNING: But I have something. Actually, we almost addressed that at the beginning of the meeting. Was it two years ago, Commissioner Coyle, his evaluations were never on the agenda, and we accused him of looking at ours and making -- COMMISSIONER HILLER: I think that's where I got the idea. COMMISSIONER HENNING: --his determination. COMMISSIONER HILLER: No, I'm just kidding. COMMISSIONER HENNING: So anyways, we made a commitment that all those appraisals will be in before going on the agenda. And in other words, and I told this to Leo, I really want to know Page 205 September 27, 2011 through those appraisals how my colleagues are thinking. Because, you know, I might have missed something. I kind of doubt it, but I might have missed something that one of my colleagues picked up. So it's very important that these appraisals be on the agenda prior to going on the agenda. So with that said, can we have a commitment of all the ones that have an appraisal, that they don't go on the agenda until we have all the appraisals in? And then if they're past due, we'll just let the commissioner -- we'll allow you to flog the commissioner with a wet noodle until you get those appraisals in? Or something like that. No. I mean, can we delay those getting on the agenda till we have all the appraisals in? MR. OCHS: If you're willing to wait for your printed agendas to come later than you normally get them. COMMISSIONER FIALA: He means just continue it. COMMISSIONER HENNING: No, just continue it. Continue it until -- MR. OCHS: Yeah. COMMISSIONER HENNING: Yeah. And beat up the commissioner in the meantime. MR. OCHS: That's fine. We have some contractual dates. But, I mean, the Board's certainly willing to I'm sure under that circumstance allow us to slide off of that. COMMISSIONER HENNING: Can you put an item on the agenda continue -- continue the appraisal until commissioner whoever hands in their appraisal. Is that fair? MR. OCHS: If that's the will of the board. COMMISSIONER COLETTA: In the future, not now though. COMMISSIONER HENNING: In the future. COMMISSIONER HILLER: I think that's very fair. And just -- can I speak? CHAIRMAN COYLE: No. Page 206 September 27, 2011 COMMISSIONER HILLER: May I please? CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: I wasn't waiting to see what the other commissioners did. I really -- because this is the first time I've had the opportunity to evaluate Leo and Jeff, it was very difficult for me, and I really struggled as to what I was going to say. And I wrote and I rewrote. And then ultimately I wrote a lot and deleted everything and changed everything. So I do have to apologize for being delayed in it. And it was quite frankly not something I wanted to do. And I would have been just as happy not to have evaluated you and just kept going, waiting for next year. CHAIRMAN COYLE: Why don't we ask -- COMMISSIONER HILLER: So I just want to say that. So I do apologize for keeping you waiting. And you're both gentlemen and I appreciate your efforts and I look forward to next year being a whole lot better than this past year. So I have faith that both of you can only eventually shine. CHAIRMAN COYLE: I was just going to suggest we have Commissioner Hiller do hers a year in advance. That way we make sure that we got them on time. COMMISSIONER HILLER: Well, I don't think I'm going to have -- CHAIRMAN COYLE: With her pledge to do better -- COMMISSIONER HILLER: I promise next year won't be an issue because I'm more comfortable with it. CHAIRMAN COYLE: What do we need to do with I IA? COMMISSIONER FIALA: We have a motion and second right? CHAIRMAN COYLE: Okay, we have a motion by Commissioner Henning, and I think a second by Commissioner Coletta to accept the evaluation. That's all we need to do here? MR. KLATZKOW: That's all you need to do. Page 207 September 27, 2011 CHAIRMAN COYLE: Okay. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) COMMISSIONER HENNING: Thanks, Jeff. CHAIRMAN COYLE: It's been done. COMMISSIONER COLETTA: Good job. Item # 13 A 1 ANNUAL PERFORMANCE APPRAISAL FOR THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR — APPROVED CHAIRMAN COYLE: Let's to go to 13AL We do the same thing with Chris Curry. COMMISSIONER HENNING: Move to approve. And I have an explanation. MR. MITCHELL: Sir, we have a public speaker. COMMISSIONER FIALA: And second. MR. COURTRIGHT: I'll waive. I waive. COMMISSIONER HENNING: The X's in my evaluation represents the even number. Whether it be two or three or something. I apologize, Mr. Curry, for submitting something not according to the instructions. The "X" in my evaluation means a column, whether it be two or three. COMMISSIONER HILLER: You mean you didn't write two? COMMISSIONER HENNING: No. September 27, 2011 COMMISSIONER HILLER: Oh, County Manager, we have a problem. Do not accept those evaluations with anything less than what you prescribe as the standard. Wet noodle, please. CHAIRMAN COYLE: Okay, we have a motion to approve. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. So you have gotten his explanation. So any "X's" pick an even number, like 2.8, and that will do it, okay? MR. CURRY: Yeah, there was no confusion on my part. Thank you. CHAIRMAN COYLE: That brings us to 13B -- MR. OCHS: 13B. COMMISSIONER FIALA: You have a speaker on that. CHAIRMAN COYLE: Oh, I'm sorry, we had a speaker. MR. MITCHELL: Sir -- COMMISSIONER HENNING: He waived. MR. MITCHELL: -- no, he waived. CHAIRMAN COYLE: Which one? MR. OCHS: He waived, sir. MR. MITCHELL: He waived. CHAIRMAN COYLE: Okay. All right. Item # 13 B 1 RECOMMENDATION THAT COLLIER COUNTY COMMUNITY Page 209 September 27, 2011 REDEVELOPMENT AGENCY (CRA) APPROVES AND EXECUTES AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CRA AND DAVID L. JACKSON, THE BAYSHORE GATEWAY TRIANGLE CRA EXECUTIVE DIRECTOR, EXTENDING THE TERM OF EMPLOYMENT FOUR YEARS AND MODIFYING SEVERANCE TERMS, AND AUTHORIZE CRA CHAIRMAN TO SIGN — APPROVED MR. OCHS: Next item is Item 13B 1. It was previously 16B 1. It's recommendation that the CRA approve and execute an amendment to the employment agreement between the CRA and Mr. Jackson, extending the term of the employment. And Commissioner Hiller moved this to the regular agenda. And Jeff, do they need to go into session as the CRA for this or -- COMMISSIONER HENNING: Who's the Chair, Coletta? CHAIRMAN COYLE: Yeah. Commissioner Coletta is Chair. COMMISSIONER COLETTA: All right, CRA is now ready to go. CHAIRMAN COYLE: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Drag it out just a little bit. I've got a question. Go ahead, ma'am. COMMISSIONER HILLER: Yeah, the reason I brought this forward is because I really can't accept a four -year contract for David Jackson. I also can't -- and I don't have the numbers in front of me, but I believe -- how much was the pay that they were deciding to give you, $125,000 a year? Could you please answer? MR. JACKSON: It's in the executive summary. COMMISSIONER HILLER: I understand, I read it. I don't have it in front of me. Could you tell us what the number is? COMMISSIONER HENNING: $124,927. Page 210 September 27, 2011 COMMISSIONER HILLER: Right, I said 125. So basically $125,000 is an awful lot of money to -- for this position. The operating budget was, or is, I should say, a million -five. You know, the program funding sources for fiscal year ' 12 are going to be three million. You've got a very large staff. I'm very concerned about what's going on with the CRA. And quite frankly, I mean, I think to give you a four -year contract at $125,000 is a very high pay to administer what is really a very small fund. I mean, you know, we have people here in the county who are administering a lot more making less. So I just think it's out of line. And that's why I can't support it. I mean, if, you know, the CRA wants to come back -- I mean, it's just a very, very excessively high salary relative to what's being done. So I make the motion to deny. MR. JACKSON: There's a motion on the floor. COMMISSIONER HILLER: I didn't realize. Did you actually make a motion? COMMISSIONER COLETTA: There is a motion on the floor by Commissioner Coyle, seconded by Commissioner Fiala to accept. COMMISSIONER HILLER: It's really out of line with the rest of the county's salaries. COMMISSIONER COLETTA: Okay, Commissioner Coyle? CHAIRMAN COYLE: You don't -- you measure compensation for the job in reference to the importance and complexity of the job itself. And David Jackson is probably the -- one of the -- well, he is the best of anyone who has administered the Bayshore Redevelopment Agency for a long, long time. I don't know that we've ever had anybody better than David who has his experience and insight and who works as hard at doing a job as David does. So I'm very happy with his performance, and I have absolutely no problem voting for his four -year contract, or for voting for his salary. Page 211 September 27, 2011 So I think you're doing a great job, David. Thank you. COMMISSIONER COLETTA: Commissioner Henning? COMMISSIONER HENNING: Well, now that you're chair, I want to go off of the topic. Now, we gave direction to authorize the County Manager to create an economic department within Collier County. Now, how would that work if Mr. Jackson applies for a position in there in this contract? Would we have to amend this contract or -- MR. KLATZKOW: Yes. His contract is specific at this point in time. In fact, he's taking out his roll as an economic developer. COMMISSIONER FIALA: Say that one more time? I'm sorry. MR. KLATZKOW: You would have to amend the contract if he took on additional duties. COMMISSIONER HENNING: Well, let's say that he is just the economic director for Collier County under the County Manager, because that's what we said we wanted to be not under anybody else but the County Manager. What happens to this contract? Let's say that he's not the CRA Director anymore because he's applied for a new position within the county. That is not a contract employee. What do we do with that contract, ask him to come back and -- it burn up? MR. KLATZKOW: It's a contract. MR. JACKSON: I can answer that. COMMISSIONER HENNING: Thank you. MR. JACKSON: David Jackson, Executive Director of the Bayshore /Gateway Triangle CRA. This contract if approved will stand as -is. If I were to apply for a position that's in the County Manager's agency, as a full -time employee I would have to resign from this position once being accepted into a full -time employee, not a contract employee. So that's what would happen. Then you would advertise this position in CRA to whoever Page 212 September 27, 2011 would be willing to apply for it, select a new director for the Bayshore /Gateway Triangle CRA. COMMISSIONER HENNING: Does the CRA need to recognize that you're stepping -- you want out of the contract at that time and agree to it? MR. JACKSON: The advisory board would make some kind of recommendation at one of their meetings and it would come to the CRA board you are sitting as right now, and it would be up to you to accept the resignation pending fulfilling the FTE within the County Manager's agency, if that was what was going to happen. COMMISSIONER HENNING: Okay. MR. JACKSON: Essentially with the contract, I'd have to resign from it in order to become a county employee. COMMISSIONER HENNING: What are the terms of not extending the contract by the executive director? MR. JACKSON: What are the terms of not extending this contract? COMMISSIONER HENNING: Yeah. Let's say you want out of the contract. MR. JACKSON: Oh, if I want out of it, I must give 60 days written notice. And that was a provision put in by Bill Neal and negotiated with the -- MR. KLATZKOW: You're the same board with different hats. If you think it's a good idea for David Jackson to take a direct role with the county, you could just terminate the contract with without any notice provisions. COMMISSIONER HENNING: Well, no, you have to go by the contract. Unless both parties agree. MR. KLATZKOW: Both parties agree, yeah. COMMISSIONER HENNING: Okay. Thanks for clarification. COMMISSIONER COLETTA: I'm sorry, Commissioner Henning, another question? Page 213 September 27, 2011 COMMISSIONER HENNING: No. Thanks for the clarification. COMMISSIONER COLETTA: Commissioner Hiller. COMMISSIONER HILLER: Thank you. Leo, that new position for the -- you know, as head of the EDC for the county was -- you had mentioned the pay for that position was going to be what, $125,000? MR. OCHS: Well, we hadn't set that level yet, Commissioner. Frankly -- COMMISSIONER HILLER: I thought on that schedule you presented, you know, you had highlighted dollar amounts -- MR. OCHS: Okay, yes, ma'am. COMMISSIONER HILLER: -- I remember. I just don't remember -- MR. OCHS: Yes, ma'am, that -- COMMISSIONER HILLER: -- off the top. It was about $125,000. Was the salary scale for the executive director for the whole county? MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: And in that umbrella you were going to incorporate the CRA's, the TDC and a whole bunch of other basically economic development silos that exist within the county? MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: So they were going to be -- whoever that director is would administer, you know, a huge budget which would incorporate the CRA. MR. OCHS: Well, I don't know that they would -- many of those would be -- COMMISSIONER HILLER: Well, they would oversee it. MR. OCHS: -- dotted line reports that have their -- COMMISSIONER HILLER: Right. But, I mean, still, top level positions -- MR. OCHS: Yes. Much, much broader responsibility. Page 214 September 27, 2011 COMMISSIONER HILLER: Right, which would include for example, the Bayshore CRA at $125,000. Nick, how much do you make? It's public record. Just -- you don't have to be exact. Give me a ballpark. MR. CASALANGUIDA: $119, Commissioner. COMMISSIONER HILLER: Okay. And how big is your budget? MR. CASALANGUIDA: $156 Million. COMMISSIONER HILLER: $156 Million, and basically $120,000. It doesn't make any sense at all. COMMISSIONER COLETTA: If you're going to engage anyone in the room, please ask them to come up to the mic. COMMISSIONER HILLER: Okay. Well, I'll just repeat it. $120,000, okay, to administer $156 Million; is that right? That's huge. And we're paying $125,000 to administer five million? Wow. I mean, if anyone on this Board supports that, that is just, I mean, irresponsible. COMMISSIONER COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes, this was something that the CRA Board, CRA Advisory Board, had decided upon. This was the rate they decided upon. I think that they would prefer to have David working strictly for them rather than have him split between the two, because they would love all of his efforts devoted just to that effort. It is a high wage, but it was what the board felt that they wanted to pay out of the funds that they were collecting. COMMISSIONER HILLER: Well, we're the Board. COMMISSIONER FIALA: No, it was advisory board that advised that. COMMISSIONER HILLER: We're the Board, we're spending the public funds. COMMISSIONER COLETTA: Yeah. And if I may, I'm going to -- I believe everybody is through? Page 215 September 27, 2011 COMMISSIONER FIALA: Yes. MR. JACKSON: Commissioner -- COMMISSIONER COLETTA: Mr. Jackson, before you speak, if I may. I'll tell you something, if you want quality in what you're looking for, it was a very difficult situation down there trying to bring that whole block together to be able to negotiate it. You need a person that could do it. Now, sure, you could have hired somebody for I'm sure half the salary and we'd probably still be in negotiations down there and we'd still have the in- fighting that we were experiencing. So I think you've done an excellent job and I think you deserve every penny of your salary, my own opinion. Now, lights aren't going off because I don't have control from here. But I did see you move to reach for the light, Commissioner Hiller, so I'm going to recognize you again. COMMISSIONER HILLER: I think Commissioner Henning wanted to speak. COMMISSIONER COLETTA: I don't know if he wants to speak again or not. Did you, Commissioner Henning? COMMISSIONER HENNING: I'll let you know, right. Not at this time. COMMISSIONER COLETTA: Commissioner Hiller? MR. JACKSON: Mr. Chairman. COMMISSIONER COLETTA: Yes, sir. MR. JACKSON: May I defend myself? COMMISSIONER COLETTA: You certainly can, but it might not work as well as you think, but give it a try. COMMISSIONER HENNING: I think it will. MR. JACKSON: I mean, I refuse to stand here to be slapped and turn my cheek. I'm not that kind of a person. I must defend myself. On your visualizer, I came on board -- and it's in part of your backup package. I came on board at $110,000. That was ratified and Page 216 September 27, 2011 approved by this board. Not once, but twice. My salary of $124,000 and change was not by direction of me, the advisory board or you. It was based on a COLA, cost of living allowance. Look at the numbers. Cost of living allowances took me from 110 to 124 -9. That's what all employees in the county got. Everybody. All of them, Commissioner Hiller, everybody. Not just me, not just the contract employees, everybody. This was not by design. This happened as a course of due business in Collier County. Now, you may take great umbrance in how much I make. That is your prerogative. But it stands. If you do not want me to be the executive director of this CIA, make your motion as so. If you do not want me to be in the CRA directing what goes on there, I will fill this room in the next meeting with people who really love what we're doing. They want me on that job, they need me on this job. They've got to have somebody taking care of them. COMMISSIONER HENNING: Isn't there a motion on the floor? MR. JACKSON: Correct. COMMISSIONER COLETTA: There is, Commissioner Henning, and -- MR. JACKSON: I'm just defending myself, sir. COMMISSIONER COLETTA: Mr. Jackson, I think -- COMMISSIONER HENNING: I don't think you need to. COMMISSIONER COLETTA: -- we appreciate your efforts in what you're doing. You deserve your salary. And by the way, I compliment you for standing up when most other people would just have gone off into the background. With that, I've got a motion. All those in favor, indicate by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. Page 217 September 27, 2011 Opposed? COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: The motion agreed that -- it was approved 4 -1, with Commissioner Hiller being in the negative. I turn -- COMMISSIONER FIALA: You have to close the CRA meeting. CHAIRMAN COYLE: Close the CRA. COMMISSIONER HENNING: Move to approve. COMMISSIONER COLETTA: With the powers invested in me, I close the CRA meeting. How's that? CHAIRMAN COYLE: And with the powers vested in me, I turn off Commissioner Henning's light. And we go on to — MR. OCHS: Item 14, sir, public comments on general topics. CHAIRMAN COYLE: Do we have any public comments? MR. MITCHELL: Sir, we don't have anybody for public comments. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COYLE: General topics. County Attorney? MR. OCHS: County Manager. CHAIRMAN COYLE: Whatever you are. MR. OCHS: Yeah, whatever I am. CHAIRMAN COYLE: It's getting late. MR. OCHS: Yes, sir. Very quickly, this one housekeeping item. And I wanted to touch base with the Board on your Board Meeting Schedule for November and December. Last year the Board met once in November and once in December, and I wanted to get some feedback from the Board on Page 218 September 27, 2011 whether you intend to conduct a similar meeting schedule this November and December or whether you wanted to hold two meetings as you normally have done, but -- CHAIRMAN COYLE: It worked pretty well last year. I just -- MR. OCHS: Yes, sir. CHAIRMAN COYLE: -- don't understand the logic of scheduling a meeting during Thanksgiving week and during Christmas week. MR. OCHS: Well, that's been the problem. You can see here that if you were to meet twice you'd have to meet on the 22nd of November, and that's difficult for many of the public and the staff because there's so many people out of town at that time. So last year the Board met once. If you choose to meet once again in November, I would recommend we maintain your November 8th meeting and obviously plan, perhaps go -- CHAIRMAN COYLE: Or Wednesday. MR. OCHS: Go to the next day, Wednesday. CHAIRMAN COYLE: Have a two -day meeting. MR. OCHS: And then December again, your regular scheduled meeting is on the 13th, and if you were to meet again on the second Tuesday, it would be the day after your Christmas holiday that you're closed on the 26th. Again, that creates quite a few logistical problems and some staff shortages. CHAIRMAN COYLE: Once again, if you want to make it a heavier agenda at that time, we just schedule two full days -- COMMISSIONER COLETTA: I agree. CHAIRMAN COYLE: -- the 13th and 14th. MR. OCHS: And I think -- CHAIRMAN COYLE: And if we go light, you might even want to put an AUIR in the afternoon of the 14th. MR. OCHS: Well, you have the 15th you're scheduled for your AUIR/CIE hearing. If you'd like us to try to combine that with Page 219 September 27, 2011 something on the 9th, we -- CHAIRMAN COYLE: That's 15th of November? MR. OCHS: Yes, sir. Yes, sir. CHAIRMAN COYLE: Wait a minute, hold on. Yeah. Yeah, if you could do it 8th and 9th and we just have a two full -day meeting. AUIR should be real simple this year. MR. OCHS: Yes, sir. There's -- CHAIRMAN COYLE: Real simple. I'd be surprised if you'd have to go over an hour or two with AUIR that day. I would just combine it with our November the 8th BCC meeting, carry it over into the 9th as long as possible -- or as much as possible and kill them both in two days. MR. OCHS: Okay. I'm looking at Nick to see if there's any procedural issue. No. Okay, we'll try to do that, if that's the will of the Board. Yes, sir. That's all I had, Commissioners, so -- COMMISSIONER HENNING: Can we stay on this topic? CHAIRMAN COYLE: Sure. COMMISSIONER HENNING: I have a conflict on the 14th and December 9th. I have to leave the Board Meeting at 9:30. Those Wednesdays I have to leave at the -- CHAIRMAN COYLE: Is it all day or just part of the day? COMMISSIONER HENNING: Well, 9:30 -- I'm sorry, 2:30 in the afternoon. COMMISSIONER FIALA: That's November? CHAIRMAN COYLE: The 14th. COMMISSIONER HENNING: On those Wednesdays I have to leave at 2:30. COMMISSIONER FIALA: I just asked, because he changed the calendar to December. CHAIRMAN COYLE: He keeps switching back and forth on us. Page 220 September 27, 2011 COMMISSIONER HENNING: Yeah, the 14th of November and then the 9th of -- CHAIRMAN COYLE: November or December? COMMISSIONER HENNING: I'm sorry. COMMISSIONER FIALA: 14th of November is a Monday. MR. MITCHELL: The 9th of November and the 14th of December. COMMISSIONER HENNING: That calendar, that should be December's calendar. CHAIRMAN COYLE: You want to go to December? COMMISSIONER HENNING: No, no, no, it says November, but that is December holiday counter. COMMISSIONER FIALA: Are you sure? MR. OCHS: No, sir, I think those are November dates for Thanksgiving. COMMISSIONER HENNING: Okay. MR. OCHS: And then December is this month, Commissioner Henning. COMMISSIONER HENNING: So the 14th of December I have a conflict at 2:30. And same thing in November on that Wednesday, I have to leave at 2:30 in the afternoon. So -- CHAIRMAN COYLE: Let me ask you a question. Then do you want to start on the Monday and have a Monday and Tuesday meeting rather than a Tuesday /Wednesday meeting? COMMISSIONER HENNING: That's fine with me. I mean, I'm okay if we allow the County Manager some leeway. If we're going to have a two -day meeting, it's going to be a day and a half meeting and not a full two -day meeting. MR. OCHS: Commissioners, I would rather do that and maybe even start a little early on Tuesday. But yeah, I would like to stay away from Mondays and still try to do one -on -ones as we typically -- CHAIRMAN COYLE: So Commissioner Henning will not be Page 221 September 27, 2011 able after 2:00 or 2:30, is it? COMMISSIONER HENNING: 2:30. CHAIRMAN COYLE: 2:30 on Wednesday. MR. OCHS: On the Wednesday -- CHAIRMAN COYLE: So let's do -- COMMISSIONER FIALA: In November or December? COMMISSIONER HENNING: Both. CHAIRMAN COYLE: Both days. Both times. Then why don't we arrange our schedule on Tuesday, starting as early as we need, to get the agenda done before 2:30 on Wednesday. COMMISSIONER HENNING: Actually, if we just stay on the topic, it would be -- CHAIRMAN COYLE: We can do it. COMMISSIONER HENNING: -- it would be easy. But as long as we're still deviating, can we talk about July's meetings? COMMISSIONER FIALA: July. COMMISSIONER HENNING: Yeah, July. Can we have those earlier in the month instead of the third weekend of the month? MR. OCHS: You're talking about the budget workshop? COMMISSIONER HENNING: Yeah -- no, not the budget workshop, the July BCC meeting where we set the tentative millage rate. Well, we can talk about this off -line. MR. KLATZKOW: You've got deadlines there based on when the TRIM notices go out. CHAIRMAN COYLE: Yeah. That's a state requirement, right? MR. KLATZKOW: Yes, sir. CHAIRMAN COYLE: At least look at it, then we'll see what we can do. COMMISSIONER HENNING: Maybe meet on a Monday instead of a Tuesday. Page 222 September 27, 2011 CHAIRMAN COYLE: Okay, is that all you have to have now? MR. OCHS: Yes, sir. But, you know, given what Commissioner Henning just said, we may want to stick with our separate AUIR Meeting in November. Because we were going to try to combine that. I don't know if we could do the agenda and -- CHAIRMAN COYLE: Why don't you -- MR. OCHS: -- get that done by 2:00. CHAIRMAN COYLE: Why don't you take look at what the AUIR is going to require and then make a decision. MR. OCHS: Yes, sir. That's all I have. CHAIRMAN COYLE: County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN COYLE: Okay, Maj -- Commissioner Hiller? COMMISSIONER HILLER: Were you about to call me major? CHAIRMAN COYLE: I was. COMMISSIONER HILLER: I love it. CHAIRMAN COYLE: Yeah, I used to know a Major Hiller. He didn't look like you, by the way. COMMISSIONER HILLER: Thank God, for him and me. This is actually very interesting. And I want to bring this to the County Attorney's attention, and I think it will benefit the Board as well. About five days ago, a precedent - setting personal injury case was filed. And it was a fluoride case. And essentially the complaint is actually against Nestle U.S.A. And Nestle Waters North America, and Gerber Products Company on behalf of a teenage girl with multiple permanent teeth disfigured by dental fluorosis. And this article -- and there are numerous articles on -line and I'm happy to give you a copy of what I have and you can Google, you know, the rest of the articles that address this -- basically see this as the beginning of the opening of the floodgates with respect to lawsuits Page 223 September 27, 2011 about fluoridated water. And this comes a year after the admission by federal officials that fluorides are causing increasing amounts of fluorosis. And so I think we have to be extremely careful. This suit was filed in the Federal District Court in Maryland. This article goes on to talk about how the dental industry representatives have, you know, long been concerned in their professional journals that fluoride providers would one day face legal actions for harm caused by ingested fluoride, and that obviously is all coming to bear. Apparently there have also been warnings in other -- in both dental and other publications with respect to the potential cause for the bone disorders, kidney harm and thyroid impairment. So in addition to the fluorosis, it's anticipated that we will quickly see lawsuits that will go beyond that. So I'm going to quote right here: It says, we're at the beginning of what looks to be an absolutely enormous wave of new fluoride litigation. There are so many harmed teenagers with fluorosis. We have government's own data to prove it, et cetera. And they also make reference to a 2006 fluorosis -- fluoride report, you know, which talks about the harms that go beyond dental fluorosis. So I want to let you take a look at this. I mean, I think we need to be careful as government as to, you know, what we are including in our drinking water. And interestingly also, one of the other things that was discussed in this particular claim was that the people most adversely affected by the fluoride in drinking water are the low income, because they don't have the option to choose non - fluoridated water. It would be costly for them to, you know, opt out of free drinking water. And I know there was a concern among this Board that, you know, the poor would be benefited by fluoridated drinking water when Page 224 September 27, 2011 it appears to be the exact opposite, they stand to be the most harmed. So I wanted to bring this to your attention and in light of this, I think this matter needs to come back and we need to reevaluate to what extent we want to assume the risk for including fluoride. And it is not the natural fluoride. And by the way, this is not, you know, speaking against topically applied fluoride, because that's a completely different issue. And as to whether or not we should continue to fluoridate our water. By the way, also very interesting, Charlotte County does not fluoridate, only half of Lee County is fluoridated. There's a great -- on the State of Florida's website there's actually a map that breaks out all the counties that are -- that do and do not fluoridate water. And it by no means suggests that all the counties do. In fact, a lot of them don't. And their kids all seem to be doing just great. So I'm going to go ahead and give this to you with what I've highlighted, and if you could let me know what you think we need to do to protect ourselves? Because the last thing I think Collier County would like to see is a bunch of lawsuits related to fluoridated water. Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: I have nothing. It's nice have our meeting ending a little early. CHAIRMAN COYLE: Nothing for me either. How about you, Commissioner Coletta? COMMISSIONER COLETTA: No. I don't have anything. CHAIRMAN COYLE: How about you, Commissioner Henning? COMMISSIONER HENNING: Yeah, just a couple of things. Commissioner Hiller sent that to me as a one -way communication, one of the websites. I copied some information, sent it to the County Manager. He's going to have his staff take a look at it. Page 225 September 27, 2011 Also in there provided the website. So would it be appropriate to send it to all the Commissioners, on the response, the question and the response? MR. KLATZKOW: All you could send it as a one -way communication. If you're going to respond to each other, it has to be COMMISSIONER HENNING: No, no, no, the County Manager send it. Yeah, that's fine. I don't even know why I'm asking that. COMMISSIONER HILLER: And if I may suggest, maybe this is an item we have to bring back and have a legal risk assessment done, you know, the FDA has deemed the fluoride that we're putting in our waters as a toxic substance, not a, you know, a medically approved -- CHAIRMAN COYLE: We've had this debate and we -- COMMISSIONER HILLER: Right, and I think it's a very important debate to have. And I think, you know, in light of what seems to be the opening of the litigation floodgates, I'm sure a lot will come out in discovery to answer the questions that some of you all had. I think we should be proactive. CHAIRMAN COYLE: Okay, is there a motion to adjourn? COMMISSIONER HENNING: No, I'm not done yet. I said I have two items. The next item -- CHAIRMAN COYLE: Okay, then please go ahead. COMMISSIONER HENNING: Commissioner Coletta, on the request to Commissioner Hiller, said that he was going to do a presentation before the Board on the I -75 Interchange prior to going to the City of Naples, City of Marco -- COMMISSIONER HILLER: That's correct. COMMISSIONER HENNING: And in the minutes it stated that he's not going to Fish & Wildlife because they're dealing with a different issue and not the I -75 Interchange. So there's so much misinformation out there, I think it would be Page 226 September 27, 2011 appropriate not only to have -- get Commissioner Coletta's presentation that he promised before going out there, to the Board, but also there's some environmental concerns, and I think it's appropriate for the environmental community to let the Board know. This is all being played out in the newspaper. COMMISSIONER HILLER: Right. COMMISSIONER HENNING: And this is one of our top priorities and I don't -- and I see it being a political priority instead of a needs priority. And I want to get it all straight. Can you do that, Commissioner Coletta, do that presentation? COMMISSIONER COLETTA: Well, let's talk about that for a minute. I was talking about using staff time. Since then I refigured what I was doing. I realized that when it came to the presentation, as far as history goes and where it's taken place, that I know as much as staff does on it. So rather than involve staff time, I took it on as my own personal mission. As far as the City of Marco Island, City of Naples, I have not approached them in any shape or form to get it on their agenda. And I don't know where the rumor come (sic) up a week or so ago that Commissioner Coletta was taking it to Marco Island. At that point in time, very much, I'll come back to the Commission and I'll ask if I can have staff time to be able to go with me when I go there. If you don't grant me the staff time, I'll do it on my own. And it's not a political issue, Commissioner Henning, it's something I've been working on for more years than I've been a Commissioner. I'm very, very passionate about the Everglades interchange. I appreciate the support of this Commission in the past, I appreciate the support of staff, appreciate the support of all our legislators in that direction. I will keep that thing going. Meanwhile, I've been on my own. I've been out there, I've talked to the fire departments about it, I got the endorsement from three of them. Since then I've turned it over to a grassroots movement that I Page 227 September 27, 2011 started where they're going to be doing this effort for part of the effort too. And you'll be meeting some of these people as we go forward. One of the problems I'm running into is the fact that trying to run a grassroots movement from where I am as a Commissioner, I'm at a terrible disadvantage in the fact that the grassroots movement, if it's worked through me, everything is public records, when the opposition to what's coming up can operate without that hanging over them. So what's being happening is this is being turned over to the grassroots movement who will be bringing this thing forward. Now, one of the first examples you're going to see is going to be taking place out in Golden Gate Estates, and hope everybody can make it, be it pro or con. HOAGGE, the Homeowners Association of Golden Gate Estates, is going to be handling a -- I wouldn't call it a debate so far (sic) as an informational session. It's going to take place between the pros and the cons of the issue. At that point I'm going to have representatives from the grassroots group there and they're going to be making a presentation based on all the facts that are at hand, and we're going to go forward. But I appreciate very much you bringing that up. And staff time has not been anything. I haven't taken any staff members with me to any of these places that I've gone. It's been -- COMMISSIONER HENNING: What you're saying is not reflected in the minutes. COMMISSIONER COLETTA: Well, it was all based upon the premise that I was going to be using staff time. And since I was using staff time, then I was obligated to come before the Commission -- COMMISSIONER HILLER: No, no, no, no. COMMISSIONER COLETTA: -- and do a presentation. COMMISSIONER HENNING: No, that isn't what is reflected in the minutes. COMMISSIONER HILLER: No. COMMISSIONER COLETTA: Well it wasn't my -- my Page 228 September 27, 2011 understanding of the way it came together, we all tied around staff time and using it. And being a private citizen and capable of acting on my own, that's what I've been doing. COMMISSIONER HENNING: And you said that you were not going to use -- COMMISSIONER COLETTA: And -- COMMISSIONER HENNING: -- staff -- may I finish? -- use staff time, and then Commissioner Hiller, wanting more information about the Interchange, wanted you to do a presentation to the Board and you agreed to it. COMMISSIONER COLETTA: Well, that was because I was looking for staff time. COMMISSIONER HENNING: Well, you were -- COMMISSIONER COLETTA: In any case -- COMMISSIONER HENNING: -- in the beginning. COMMISSIONER COLETTA: Commissioner Henning, let's be totally honest about where there this is going. Ladies and gentlemen, this has nothing to do about the I -75 Interchange and what or what not Commissioner Coletta's been doing. It has everything to do about an election primary coming up in August of this year. Certain commissioners support other candidates and they've use this dais -- and I'm sure other commissioners will agree with me -- very openly to try to promote that cause. They try to throw disparancy (sic) upon me, you've seen it a number of times today and a number of times in the immediate past. And regrettably this will continue. There is absolutely nothing to prevent a Commissioner supporting another candidate or a sitting Commissioner. Where the problem comes is when they do it from the dais. COMMISSIONER HENNING: Well, I take offense to that. First of all -- COMMISSIONER COLETTA: Commissioner Henning, I'm sure you'd take offense at -- Page 229 September 27, 2011 COMMISSIONER HENNING: I'm going to finish. I was referring to the minutes and what you -- and I would be glad to provide them to the whole board, okay? This is a county project, and you have taken it, because it's in your district, on as a personal issue. You said you were very passionate about that. That means feelings. And all I'm saying is live up to your commitment. I will provide you the minutes that you stated to Commissioner Hiller, before going out there to the community that you would do a presentation before the Board of Commissioners. This has nothing to do with politics. Furthermore, your campaign re- election does not belong on this dais. That is in my opinion a violation of Florida Statutes. COMMISSIONER COLETTA: I beg your pardon, Commissioner Henning. I was making an observation that I think many people would agree with me out there -- COMMISSIONER HENNING: That is like - - -a lot of politicians like to throw something out there to deviate the real issue here. This is not a political issue, this is a capital improvement of the Board of Commissioners. And if you don't want to do the presentation before the Board, fine. I just hope that you get support for this project in the future, because I'm looking at it as a political issue. I was hoping that you would do a presentation and show it's not a political issue. COMMISSIONER COLETTA: Well, Commissioner Henning, I'll tell you what I will do. We have coming before the regional planning -- excuse me, joint MPO meetings on the 21 st of October. After that I will definitely make a presentation here. I would be happy to. And the presentation will involve everything that's available at this point in time, and I want the right to be able to bring in the grassroots group that has taken this to a new level. And we'll see where you go with it. I think it would be a wonderful way for me to get in front of the public. But I won't be available to do it until after the meeting of Page 230 September 27, 2011 the 21st. Excuse me, October 21st is when the joint MPO's meet. After that I'll be happy to bring the show in here. But you have to accept the fact that it's not just going to be me, it's going to be members of this work group that are putting the information together. COMMISSIONER HENNING: Well, that's different from what the minutes say. But otherwise -- anyway, motion to adjourn. CHAIRMAN COYLE: You know, I've got to say something and I'd like to bring this thing to a close. I was at that same meeting, and there was absolutely no doubt in anybody's mind that Commissioner Coletta was asking to have Nick Casalanguida to go with him to make a presentation. COMMISSIONER HENNING: That's correct. CHAIRMAN COYLE: And there is no obligation for any Commissioner to come to this Commission to rehearse his presentation that he wants to make to his constituents. Nobody else does that. And it was clear in my mind that the only reason Commissioner Coletta brought it up to the Board was because he was asking for permission to use staff time. If he hadn't been doing that, he wouldn't have had to bring it to the Board at all. Because any of you can and do go out and say anything you want to say, true or false, on numerous occasions, and you don't tell us about it. And we don't ask you to tell us about it. And I heard that there was a reference that this was playing out in the Naples Daily News. Well, the Naples Daily News editorial got it completely wrong. Those guys are out in the left field on this issue. There is nothing that requires any of us to be neutral on any subject. Constituents expect leadership. And every Commissioner here has led the fight on something that is important to their constituents. And if Commissioner Coletta wants to lead something that is important to his constituents that's not just his right, it's his obligation. A Page 231 September 27, 2011 Commissioner is not supposed to stand around and be neutral when his constituents want him or her to do something to help them. And this is a ridiculous debate. And I have to agree with Commissioner Coletta, it is politically motivated. COMMISSIONER HENNING: No, you're wrong. You're absolutely wrong. It was a commitment, and I'll provide the minutes where Commissioner Coletta made that commitment. CHAIRMAN COYLE: I would like to read all the minutes in their entirety to make sure that you're not taking something from the end of the meeting -- COMMISSIONER HENNING: It is at the end of the meeting where he made that commitment to Commissioner Hiller. CHAIRMAN COYLE: And I believe that that commitment was made with the expectation that he was going to use a member of the staff to help him with the presentation. And once he decided he didn't -- he wasn't gone to go use the staff, then I think he decided that he didn't need to come to the Board. But nevertheless, that's Commissioner Coletta's -- COMMISSIONER COLETTA: A side note to that, I will come to the Board after the October 21st. I'll be more than happy to. I'm going to need about 20 minutes. Well, 20 minutes for presentation, about two and a half hours for questions. CHAIRMAN COYLE: Well, look, I'd like to dissuade you from doing that. COMMISSIONER COLETTA: Why is that? CHAIRMAN COYLE: Well, because if something's going to come before the Board, it should be on the Board of County Commissioners' agenda. And if it's on the County Commission agenda, it means we've got to make some sort of a decision -- usually it would mean we'd make some sort of decision about it. Otherwise what you're going to do is come before this board with your supporters and then there's going to be a bunch of the opposition here and there's Page 232 September 27, 2011 going to be a big argument and exchange back and forth, back and forth for hours and it will accomplish nothing for you or the Board of County Commissioners. So I would to avoid that, if at all possible. If any Commissioner wants to hear what you have to say about that interchange, they can go to any one of those public meetings that you're conducting and hear it. That's not the issue. They know as much about that as you or I know. So that's not the issue. But once again, you do whatever you think you need to do. But I would like to discourage the Board of County Commissioners from getting involved in that kind of a debate until it comes time for us to make a decision. I just think it's a bad precedent to establish. But in any event, I think everybody's expressed their views on the thing and I don't think we've changed any minds. But I would -- I don't need to get the minutes from you, Commissioner Henning. I'll get the minutes and I'll read them. But I very clearly remember that Commissioner Coletta was asking to use Nick Casalanguida. And I do remember that he made a commitment to make the presentation. But I believe it was contingent upon being able to use Nick Casalanguida. But in any event, I think everybody's said whatever they need to do, and Commissioner Henning made a motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Seconded by Commissioner Fiala. COMMISSIONER HILLER: I believe my light is on. CHAIRMAN COYLE: Okay, I'll turn it off. COMMISSIONER HILLER: So let me make my comment. You know, this business, every time someone disagrees with you, Commissioners Coletta and Coyle, you make claim it's political is absolutely ridiculous. And it really needs to stop. You all need to stop playing the victim. Grow some legs and just accept what's said on this Board for what it's intended to be and that it's us as Commissioners doing our job on behalf of the public. And stop turning everything on Page 233 September 27, 2011 this dais into an election issue for you, Commissioner Coletta. COMMISSIONER COLETTA: I'm sorry you feel that way but - COMMISSIONER HILLER: It's inappropriate. And Commissioner Henning is absolutely correct -- COMMISSIONER COLETTA: Well, I would expect you two would agree -- COMMISSIONER HILLER: -- it is inappropriate. COMMISSIONER COLETTA: You're inappropriate. CHAIRMAN COYLE: Okay, we're adjourned. That's it. COMMISSIONER HILLER: Thank you. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Nothing productive. * * * * Commissioner Coletta moved, seconded by Commissioner Fiala and carried 4/1 (Commissioner Henning opposed) that the following items under the Consent and Summary Agendas be approved and /or adopted * * * * Item # 16A 1 RECORDING THE FINAL PLAT OF REFLECTION LAKES AT NAPLES, PHASE 3D — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO ISSUANCE OF A CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #I 6A2 RECORDING THE FINAL PLAT OF VERONAWALK PHASE 4C, Page 234 September 27, 2011 BENELLI AND KARINA COURT REPLAT, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W /STIPULATIONS Item #I 6A3 RECORDING THE FINAL PLAT OF AVE MARIA UNIT 11, DEL WEBB AT AVE MARIA PARCELS 106 & 112, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W /STIPULATIONS Item #I 6A4 INVITATION TO BID (ITB) #1 1-5629RR "BACKGROUND CHECK SERVICES" TO GLOBAL HR RESEARCH AND AZURA INVESTIGATIONS, AND TERMINATE THE INTERIM CONTRACT WITH GLOBAL HR RESEARCH (ANNUAL EST. EXPENDITURE: $60,000) — FOR VEHICLE FOR HIRE OWNERS /DRIVERS AND NEW HIRES FOR COLLIER COUNTY WITH SERVICES THAT INCLUDE BUT ARE NOT LIMITED TO MOTOR VEHICLE, COUNTY & STATE CRIMINAL AND EDUCATIONAL & PROFESSIONAL LICENSE VERIFICATION Item #I 6A5 WAIVE COMPETITION & APPROVE AGREEMENT #10 -5553, SOFTWARE LICENSE AGREEMENT AND PREMIERPRO SUPPORT AND MAINTENANCE AGREEMENT WITH SELECTRON TECHNOLOGIES, INC. FOR THE INTERACTIVE Page 235 September 27, 2011 VOICE RESPONSE SYSTEM — CURRENTLY USED BY THE PUBLIC TO SCHEDULE, RESCHEDULE OR CANCEL BUILDING, RIGHT -OF -WAY AND CERTAIN LAND USE INSPECTIONS AND ALSO ALLOWS APPLICANTS TO HEAR INSPECTION RESULTS, PLAN REVIEW STATUS AND TO RECEIVE OR LEAVE MESSAGES FOR INSPECTORS Item # 16A6 CHAIRMAN TO SIGN A RELEASE OF LIEN FOR BRITTANY BAY APARTMENTS, PHASE I, DUE TO FULL PAYMENT OF IMPACT FEES IN ACCORDANCE WITH THE AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR MULTI - FAMILY AFFORDABLE HOUSING — AS DETAILED IN THE EXECUTIVE SUMMARY Item #I 6A7 CONTRACT #11 -5759 WITH BETTER ROADS, INC. FOR OLD U.S. 41 INTERSECTION IMPROVEMENTS AT RAIL HEAD ROAD IN THE AMOUNT OF $179,424.35 (PROJECT NO. 60016) — BECAUSE A HIGH NUMBER OF REAREND CRASHES HAVE OCCURED AT THIS INTERSECTION, A SOUTHBOUND LEFT - TURN LANE IS BEING ADDED TO IMPROVE SAFETY Item #16A8 INVITATION TO BID (ITB) 11 -5760, "TRAFFIC SIGNS AND RELATED MATERIALS" TO VARIOUS VENDORS IN AN ESTIMATED ANNUAL AMOUNT OF $759000 — VENDORS INCLUDE: NEW DIRECTION MANUFACTURING, INC.; AWESOME SIGNS OF SOUTHWEST FLORIDA, INC.; Page 236 September 27, 2011 UNIVERSAL SIGNS AND ACCESSORIES; VULCAN, INC. D /B /A VULCAN SIGNS; MUNICIPAL SUPPLY & SIGN CO.; ALLIED TUBE AND CONDUIT CORPORATION; SWARCO INDUSTRIES, INC.; AND CUSTOM PRODUCTS CORP. Item #I 6A9 CHANGE ORDER #1 TO CONTRACT #11-5602 WITH ITRAN PARTNERS, INC. IN THE AMOUNT $65,254 AND EXTENDING THE COMPLETION DATE 60 DAYS — FOR UNFORESEEN UNDERGROUND PROJECT CONDITIONS THAT INVOLVE REPLACING EXISTING SPAN WIRE TRAFFIC SIGNALS TO STEEL MAST ARMS AT THE AIRPORT - PULLING /PINE RIDGE ROAD INTERSECTION Item #I 6A 10 — Withdrawn (Per Agenda Change Sheet) REQUESTING REIMBURSEMENT AS AN EXCEPTION TO COUNTY MANAGER AGENCY ( "CMA ") ORGANIZATION CODE #5346, REIMBURSEMENT OF RELOCATION EXPENSES IN THE AMOUNT $8,666.67 FOR ANTHONY KHAWAJA, TRAFFIC OPERATIONS ENGINEER FOR GMD Item # 16A 11 RESOLUTION 2011 -168: AMENDING RESOLUTION 2011 -71, THAT AUTHORIZED CONDEMNATION OF EASEMENTS NECESSARY FOR CONSTRUCTION OF A REPLACEMENT BRIDGE ON WHITE BOULEVARD AND A NEW BRIDGE ON 23RD STREET SW, BOTH OVER THE GOLDEN GATE MAIN CANAL AND WITH REALIGNMENT OF THE INTERSECTION OF WHITE BOULEVARD AND 23RD STREET SW. THIS Page 237 September 27, 2011 RESOLUTION CORRECTS A SCRIVENER' S ERROR IN THE LOCATION OF TRACT CORNERS DEPICTED IN THE LEGAL DESCRIPTIONS AND SKETCHES (PROJECT NO. 66066) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Al2 RECORDING THE FINAL PLAT OF REFLECTION LAKES AT NAPLES PHASE 2A, 2B, 3E AND 3I — DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO RECORDING OF THE FINAL PLAT Item # 16A 13 CONTINUED FROM THE SEPTEMBER 13, 2011 MEETING. RESOLUTION 2011 -169: FINAL APPROVAL OF ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF CALDECOTT WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY Item #16A14 BUDGET AMENDMENT FOR $402,000 ADDING GAS TAX FUNDS TO PROJECT NO. 601169 US 41 /CR 951 INTERSECTION CAPACITY IMPROVEMENTS TO ADDRESS RESURFACING, RESTORATION AND REHABILITATION IMPROVEMENTS THAT CANNOT BE FUNDED WITH IMPACT FEES — AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16A 15 — Moved to Item # l OM (Per Agenda Change Sheet) Page 238 September 27, 2011 Item # 16A 16 — Moved from Item # l OL (Per Agenda Change Sheet) A RIBBON CUTTING CEREMONY FOR THE NEW TRANSIT ROUTE BETWEEN COLLIER & LEE COUNTY THAT WILL BE KNOWN AS THE "LILAC" AND AUTHORIZE THE CHAIRMAN TO SIGN ALL APPLICABLE AGREEMENTS ASSOCIATED WITH THE USE OF PRIVATE PROPERTY FOR AN EVENT SCHEDULED FOR OCTOBER 612011 — THE CEREMONY IS BEING HELD AT 1171 CREEKSIDE PARKWAY Item #16B 1— Moved to Item #13B 1 (Per Agenda Change Sheet) Item #16132 BAYSHORE GATEWAY TRIANGLE CRA MEMBERSHIP AND PARTICIPATION IN THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S BROWNFIELD COALITION, AUTHORIZE THE CRA CHAIRMAN TO SIGN A LETTER OF INTENT AND DECLARE PARTICIPATION AS SERVING A PUBLIC PURPOSE (FISCAL IMPACT: $0) Item #16133 A SWEAT EQUITY GRANT AGREEMENT BETWEEN THE CRA AND AN APPLICANT IN THE BAYSHORE GATEWAY TRIANGLE AREA — FOR EXTERIOR RESIDENTIAL UPGRADES AT 3179 FRANCIS AVENUE THAT INCLUDES PAINTING, PRESSURE WASHING AND NEW FACIA AND SOFFIT (FISCAL IMPACT: $965.28) Item #16134 Page 239 September 27, 2011 A CRA STAFF MEMBER TO ATTEND FLORIDA DIVISION OF EMERGENCY MANAGEMENT'S WORKSHOP ON COST BENEFIT ANALYSIS: ENTRY LEVEL TRAINING; AUTHORIZE PAYMENT OF ATTENDEE'S LODGING, TRAVEL & PER DIEM FROM THE BAYSHORE GATEWAY TRIANGLE TRUST FUND (FUND 187) TRAVEL BUDGET; AND DECLARE TRAINING RECEIVED AS SERVING A VALID PUBLIC PURPOSE — HELD IN PLANTATION, FLORIDA OCTOBER 4-5,2011 WITH THE MAXIMUM APPROXIMATE COST OF $292.00 FOR LODGING, MEALS AND $10.00 FOR TRANSPORTATION ($302.00 TOTAL) Item #16135 ADVERTISE AND BRING BACK FOR CONSIDERATION AN ORDINANCE AMENDING ORDINANCE NO. 2002 -52, WHICH ESTABLISHED THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE, ALLOWING THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY THROUGH THEIR EXECUTIVE DIRECTOR, TO ASSUME ADMINISTRATIVE AND MANAGEMENT DUTIES OF THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT SUCH AS EMPLOYING STAFF TO ASSIST THE COMMITTEE Item #16B6 CRA RESOLUTION 2011 -170: AMENDS FYI 1-12 BAYSHORE GATEWAY TRIANGLE CRA COMMERCIAL BUILDING AND IMPACT FEE ASSISTANCE GRANT PROGRAMS AND APPROVING AN AMENDED FORM FOR CRA GRANT AGREEMENTS — CHANGES INCLUDE IMPACT FEE ASSISTANCE FOR NEW CONSTRUCTION OF RESIDENTIAL Page 240 September 27, 2011 DETACHED SINGLE- FAMILY HOMES & THE COMMERCIAL BUILDING IMPROVEMENT PROGRAM HAS ADDED ALLOCATIONS FOR PROPERTY CONFORMITY ISSUES Item #16137 COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE AMENDING THE BAYSHORE GATEWAY TRIANGLE EVENT POLICY AND PROCEDURE MANUAL THAT GOVERNS CRA SPONSORED OR COORDINATED EVENT ACTIVITES (COMPANION TO ITEM #16138) (FISCAL IMPACT: $0) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16138 ADVERTISE AND BRING BACK FOR CONSIDERATION AN ORDINANCE AMENDING ORDINANCE NO. 2002-389 AS AMENDED, THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE TO CREATE A NEW CRA COMMUNITY EVENT GRANT PROGRAM FOR BAYSHORE GATEWAY TRIANGLE CRA (COMPANION TO ITEM #1 Item #16C 1 RESOLUTION 2011 -171: SATISFACTION OF LIEN FOR 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHERE THE COUNTY HAS RECEIVED PAYMENT IN FULL SATISFACTION OF THE LIEN. (FISCAL IMPACT: $28.50 TO RECORD THE SATISFACTION OF LIEN) — ACCOUNT NO. 24138 (FOLIO #62098000005) Item #16C2 Page 241 September 27, 2011 CONTRACT AMENDMENT NO. 3 EXHIBIT A -1 FOR THE MASTER AGREEMENT FOR DEMAND SIDE MANAGEMENT AND ENERGY EFFICIENCY SERVICES AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY TO CHANGE THE SCOPE OF AN ENERGY CONSERVATION OPTION AND DECREASE THE CONTRACT AMOUNT BY $1489820.02 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C3 WORK ORDER UNDER CONTRACT #08 -5011 FOR $2479077.50 WITH MITCHELL & STARK CONSTRUCTION CO., INC., FOR CLEARWELL CONCENTRATE PUMP STATION REHAB PROJECT NO. 71002 — REHAB ON THIS EQUIPMENT IS PHASE 2 OF THE 3 PHASE PROGRAM "NCRWTP HIGH TDS RO DESIGN, CONSTRUCTION & SUPPLY" FOR THE STATION LOCATED OFF THE VANDERBILT BEACH RD. EXTENSION Item #I 6C4 COUNTY MANAGER OR HIS DESIGNEE TO DEVELOP AN AMENDMENT TO ORDINANCE NUMBER 2001 -73, AS AMENDED, COLLIER COUNTY'S WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING, AND REGULATORY STANDARDS ORDINANCE, TO PROVIDE CLARIFICATION AND REVISE ADMINISTRATIVE PROCEDURES - REMOVING AMBIGUOUS LANGUAGE TO BETTER SERVE CCWSD CUSTOMERS & CLEARLY IDENTIFY THE RESPONSIBILITIES OF THE DISTRICT AND PROPERTY OWNER'S RECEIVING POTABLE WATER, SEWER & RECLAIMED WATER SERVICE Page 242 September 27, 2011 Item #16C5 RESOLUTION 2011 -172: ADOPTING FEES, RATES AND CHARGES TO USE COLLIER COUNTY'S SOLID WASTE FACILITIES, INCLUDING LANDFILL TIPPING FEES, RECYCLING CENTER FEES & RESIDENTIAL MULTI - FAMILY & COMMERCIAL WASTE COLLECTION FEES TO FUND THE FY12 SOLID WASTE COLLECTION & DISPOSAL BUDGET — AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16D 1 CHAIRMAN TO SIGN THE FY 2011 -2012 STATE AID TO LIBRARIES GRANT AGREEMENT, LONG RANGE PLAN, TECHNOLOGY PLAN AND CURRENT YEAR ACTION PLAN, PERMITTING THE COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR THE STATE AID (FISCAL IMPACT: $187,400) - REQUIRED TO RECEIVE STATE FUNDING Item #I 6D2 REJECT SOLICITATION (ITB) #11 -5622 AND AN ASSOCIATED PROPOSAL FOR A BOAT TRAILER PARKING LOT ADDITION AND BOAT RAMP REPLACEMENT AT PORT OF THE ISLANDS — STAFF DETERMINED BIDS WERE TOO HIGH. FUNDS WILL REMAIN WITH THE PROJECT AND USED FOR MISCELLANEOUS REPAIRS Item #I 6D3 RELEASE OF LIEN FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER OCCUPIED Page 243 September 27, 2011 AFFORDABLE HOUSING DWELLING UNIT THAT HAS BEEN REPAID IN FULL — FUNDS OF $8,946.77 HAVE BEEN REPAID FOR UNIT 205, BUILDING 6, BOTANICAL PLACE Item #I 6D4 SOVEREIGNTY SUBMERGED LANDS EASEMENT RENEWAL BETWEEN THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA & COLLIER COUNTY GRANTING A NON - EXCLUSIVE EASEMENT ON, UNDER AND ACROSS SOVEREIGN LANDS — EFFECTIVE THROUGH JANUARY 23, 2060 FOR SUBMERGED LAND IN THE GULF OF MEXICO, BIG MARCO PASS AND CAXAMBAS PASS AND IS USED SOLELY FOR 3 BREAKWATERS AND 2 TERMINAL GROINS Item #16D5 AGREEMENTS WITH THE STATE OF FLORIDA'S AGENCY FOR HEALTH CARE ADMINISTRATION AND PHYSICIAN'S REGIONAL MEDICAL CENTER TO PARTICIPATE IN ALTERNATIVE INTERGOVERMENTAL TRANSFER PROGRAMS AND USE THE CURRENTLY BUDGETED $2.2M IN FUNDS FOR A FINANCIAL COMMITMENT — PHYSICIAN'S REGIONAL WILL SERVE AS THE ADMINISTRATOR OF THE PROGRAM THAT PROVIDES OVER - RETURN OF FEDERAL FUNDS USED TO TREAT LOW INCOME RESIDENTS Item #16D6 AN AGREEMENT IN THE AMOUNT OF $237,523 WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION AND AN AGREEMENT WITH COLLIER HEALTH SERVICES (CHS) TO Page 244 September 27, 2011 PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM GENERATING $301,566 IN FEDERAL MATCHING FUNDS USED TO PROVIDE HEALTH SERVICES FOR LOW INCOME INDIVIDUALS IN COLLIER COUNTY Item #I 6D7 A SUBRECIPIENT AGREEMENT IN THE AMOUNT OF $528322.54 WITH HABITAT FOR HUMANITY OF COLLIER COUNTY USING HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) GRANT FUNDS FOR A SINGLE - FAMILY REHABILITATION PROJECTS TO REPLACE AND INSTALL NEW ROOFS FOR ELIGIBLE LOW INCOME HOUSEHOLDS IN COLLIER COUNTY AT OR BELOW 80% OF THE MEDIAN FAMILY INCOME UNDER HUD INCOME GUIDELINES — HABITAT WILL PROVIDE THE 25% MATCH IN FUNDS REQUIRED BRINGING PROJECT FUNDING TO $660,153.17 Item #16D8 AWARD INVITATION TO BID #11 -5770 IN THE AMOUNT OF $1085900 TO PINNACLE POOL CONSTRUCTION, INC., FOR THREE COLLECTION TANK REPLACEMENTS AT NORTH COLLIER REGIONAL PARK AT SUN -N -FUN LAGOON AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT Item # 16D9 — Moved to Item # 1 ON (Per Agenda Change Sheet) Item # 16E 1 WAIVING FORMAL COMPETITION TO APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE RENEWAL OF A Page 245 September 27, 2011 LEASE AGREEMENT FOR THE COUNTY' S CONFINED SPACE GAS MONITOR SYSTEM WITH INDUSTRIAL SCIENTIFIC, INC. IN THE AMOUNT OF $27,044.64 PER YEAR — TO ALERT EMPLOYEES OF EXPOSURE TO HAZARDOUS ATMOSPHERE AND INCLUDES SOFTWARE UPGRADES & MAINTENANCE ON UNITS FOR A TERM THAT EXPIRES DECEMBER 31, 2015 Item #16E2 — Continued to the October 11, 2011 BCC Meeting (Per Agenda Change Sheet) A REVENUE COMMITMENT CONTRACT WITH NAPLES NEWS MEDIA GROUP TO RECEIVE DISCOUNTED PRICES ON ADVERTISING Item #I 6E3 RESOLUTION 2011 -173: APPROVING THE FY2012 PAY AND CLASSIFICATION PLAN INCLUSIVE OF ADDITIONS, DELETIONS OR MODIFICATIONS FROM JULY 19 2011 FORWARD, AND TO CONTINUE AUTHORIZING CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND /OR DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED 2012 FISCAL YEAR PAY AND CLASSIFICATION PLAN, USING THE EXISTING "ARCHER" POINT- FACTOR JOB EVALUATION SYSTEM, SUBJECT TO A QUARTERLY REPORT TO THE BOARD OF COUNTY COMMISSIONERS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E4 CHAIRMAN TO SIGN AN ASSUMPTION AGREEMENT FROM Page 246 September 27, 2011 MACTEC ENGINEERING AND CONSULTING, INC. TO AMEC E &I, INC. FOR COUNTY WIDE ENGINEERING SERVICES — MACTEC WAS ACQUIRED BY AMEC AND NOW OPERATES UNDER THE NAME AMEC E &I, INC. FOR SERVICES UNDER CONTRACT #09 -5262 Item #16F1 SUBGRANT AGREEMENT # 12 -CP -03 - 09 -21 -01 -185 BETWEEN THE STATE OF FLORIDA'S DIVISION OF EMERGENCY MANAGEMENT AND COLLIER COUNTY ACCEPTING $9,038 FOR THE PREPARATION OF HAZARDS ANALYSIS REPORTS ON FACILITIES THAT STORE EXTREMELY HAZARDOUS SUBSTANCES IN COLLIER COUNTY AND APPROVE THE NECESSARY BUDGET AMENDMENT — PER AGREEMENT TERMS 100% OF THE COUNTY'S FORTY -ONE (41) EHS SITES WILL BE VISITED & REPORTED ON BY FEBRUARY 1, 2012 Item #16F2 AN AGREEMENT BETWEEN COLLIER COUNTY AND DR. MARTA U. COBURN, M.D., FLORIDA DISTRICT TWENTY MEDICAL EXAMINER D /B /A DISTRICT TWENTY MEDICAL EXAMINER, INC. TO PROVIDE SERVICES FOR FY12 WITH A FISCAL IMPACT OF $15063,200 — FOR THE ANNUAL AGREEMENT THROUGH SEPTEMBER 30, 2012 Item #16F3 AFTER - THE -FACT APPROVAL FOR AN ASSISTANCE TO FIREFIGHTER'S GRANT APPLICATION SUBMITTED TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO Page 247 September 27, 2011 PURCHASE TWO (2) CARBON MONOXIDE DETECTORS FOR EMERGENCY MEDICAL SERVICES IN THE AMOUNT $9,800 — REQUIRES A 20% COUNTY MATCH ($1,960) AND WILL BE PLACED IN THE NORTH & SOUTH AREA OF THE COUNTY Item #16174 AFTER - THE -FACT APPROVAL FOR AN ASSISTANCE TO FIREFIGHTER'S GRANT APPLICATION SUBMITTED TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO PURCHASE THREE (3) REPLACEMENT AMBULANCES FOR EMERGENCY MEDICAL SERVICES IN THE AMOUNT OF $560,514 REQUIRES A 20% COUNTY MATCH ($112,102) Item #16175 — Continued to the October 11, 2011 BCC Meeting (Per Agenda Change Sheet) THE FISCAL YEAR 2012 STRATEGIC PLAN FOR THE NAPLES, MARCO ISLAND, EVERGLADES CONVENTION & VISITOR'S BUREAU (CVB) Item #16176 AFTER - THE -FACT APPROVAL FOR AN ASSISTANCE TO FIREFIGHTER'S GRANT APPLICATION IN THE AMOUNT OF $200,928 SUBMITTED TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO PURCHASE SELF - CONTAINED BREATHING APPARATUS AND PORTABLE RADIOS FOR THE OCHOPEE FIRE CONTROL DISTRICT — REQUIRES A 5% DISTRICT MATCH ($10,046) WITH FEMA PROVIDING THE REMAINING $190,882 IN FUNDS TO REPLACE CURRENT APPARATUS AND RADIOS THAT NO LONGER MEET September 27, 2011 COMPLIANCE AND /OR FCC REGULATI Item #16F7 FY12 TOURISM CATEGORY B GRANT AGREEMENTS TOTALING $65,000; CATEGORY C -2 GRANT AGREEMENTS TOTALING $240,000; AND A TOURISM DEPARTMENT PRINTING PROJECT FOR $24,000 AND WAIVING GRANT APPLICATION MULTI -YEAR FUNDING GUIDELINES WHERE APPROPRIATE — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F8 CARRY FORWARD OF UP TO $3735500 IN TOURIST TAX EMERGENCY ADVERTISING FUNDS FOR CONTINUED PROMOTION OF THE GROUP MEETING MARKET IN FYI 2 AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS — TO INCREASE GROUP BOOKINGS AND ATTRACT NEW AND REPEAT VISITORS TO THE AREA Item #16179 RESOLUTION 2011 -174: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO FYI 0 -11 ADOPTED BUDGET Item #161710 BUDGET AMENDMENTS TO CARRY FORWARD APPROXIMATELY $277,5569493.57 IN UN -SPENT FYI GRANT FUNDS INTO VARIOUS CAPITAL PROJECTS, Page 249 September 27, 2011 GRANTS AND FY 2012 GRANT DONOR MATCHING FUNDS Item # 16G 1 PROPOSED FY 2011 -12 ACTION PLAN FOR CHRIS CURRY, EXECUTIVE DIRECTOR, AIRPORT AUTHORITY Item #I 6G2 AIRPORT AUTHORITY EXECUTIVE DIRECTOR TO ENTER INTO AN AGREEMENT WITH THE SEMINOLE CASINO IN IMMOKALEE TO CREATE A COOPERATIVE PARTNERSHIP AIMED AT ENHANCING GENERAL AVIATION AND PROMOTING THE CASINO THROUGH JOINT ATTENDANCE AT AIR SHOWS THROUGHOUT FLORIDA — AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16H 1 A PROCLAMATION DESIGNATING OCTOBER 8, 2011 JAMES GARVIN DAY AND TO PRESENT TO MR. GARVIN AT AN EVENT ON OCTOBER 8, 2011. SPONSORED BY COMMISSIONER COLETTA — ADOPTED Item #I 6H2 — Added (Per Agenda Change Sheet) A PROCLAMATION RECOGNIZING THE HEROIC ACTIONS OF CHOKOLOSKEE RESIDENT DWAIN DANIELS WHEN HE RESCUED NINETY -YEAR OLD MARGARET WEBB WHO WAS BEING ATTACKED BY AN ALLIGATOR. PROCLAMATION DESIGNATES SEPTEMBER 24, 2011 PER ORDINANCE NUMBER 2011 -17 Page 250 " DWAIN DANIELS DAY" A MAJORITY VOTE OF September 27, 2011 THE BOARD IS REQUIRED TO ADD THIS TO THE AGENDA SINCE IT WAS SUBMITTED FOLLOWING PUBLICATION OF THE PRINTED AGENDA. SPONSORED BY COMMISSIONER HENNING — ADOPTED 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 251 September 27, 2011 Item # 16J 1 DISBURSEMENTS FOR THE PERIOD OF AUGUST 27, 2011 THROUGH SEPTEMBER 2, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #I 6J2 DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 3, 2011 THROUGH SEPTEMBER 9, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #I 6J3 RESOLUTION 2011 -175: CHANGING THE BOUNDARIES AND NUMERIC DESIGNATION OF CERTAIN VOTING PRECINCTS Item # 16K 1 RESOLUTION 2011 -176: APPROVING THE COUNTY ATTORNEY'S OFFICE FY 2012 PAY AND CLASSIFICATION PLAN IDENTICAL TO THE CURRENT APPROVED PLAN Item #I 6K2 MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT DRAFTED TO INCORPORATE THE SAME TERMS AND CONDITIONS AS A MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $30,000 PLUS $12,000 IN COSTS AND ATTORNEY FEES FOR ACQUISITION OF PARCELS 108FEE AND 108TCE IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. LAMARTINE PETIT Page 252 September 27, 2011 MONSIEUR, ET AL., CASE NO. 10- 2681 -CA (COLLIER BLVD. PROJECT NO. 68056) (FISCAL IMPACT: $37,600). Item #I 6K3 MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT DRAFTED TO INCORPORATE THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT $60,000 FOR ACQUISITION OF PARCELS 157FEE AND 157TCE IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. KATHERYN MORENO, ET AL., CASE NO. 10- 2741 -CA (COLLIER BOULEVARD PROJECT #68056) (FISCAL IMPACT: $49,700). Item #I 6K4 ADVERTISE AND BRING BACK FOR CONSIDERATION AN AMENDMENT TO ORDINANCE NO. 04 -125 AS AMENDED, RELATING TO AMBULANCE & ADVANCED LIFE SUPPORT SERVICES, TO CLARIFY /UPDATE CERTAIN PROVISIONS AND ADD A NEW CLASSIFICATION OF CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY (COPCN) TO ALLOW NON - TRANSPORT ADVANCED LIFE SUPPORT SERVICES Item #I 6K5 THE PROPOSED FY 2011 -2012 ACTION PLAN FOR COUNTY ATTORNEY JEFFREY A. KLATZKOW Item #I 7A RESOLUTION 2011- 177/D.O. 2011 -04: PETITION: DOA- PL2011- Page 253 September 27, 2011 03545 RONTO LIVINGSTON DRI (AKA TUSCANY RESERVE) A RESOLUTION AMENDING DEVELOPMENT ORDER 2000- 01, THE RONTO LIVINGSTON DRI, A DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: ADDITION OF EXPIRATION DATE AND EXTENSION OF BUILDOUT DATE; RENAMING DRI TO TUSCANY RESERVE DRI, AND CHANGING THE REPORT TO BIENNIALLY; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 7 AND 12, TOWNSHIP 48 SOUTH, RANGES 25 AND 26 EAST, IN COLLIER COUNTY, FLORIDA. Item #17B THIS IS BEING CONTINUED FROM THE SEPTEMBER 27, 2011 BCC MEETING TO THE OCTOBER 11, 2011 BCC MEETING. RECOMMEND TO APPROVE GROWTH MANAGEMENT PLAN AMENDMENT PETITION CP- 2006 -11, DAVID TORRES, FOR HACIENDA LAKES OF NAPLES, LLC Item #17C THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 13, 2011 MEETING TO THE SEPTEMBER 27, 2011 BCC MEETING, AND IS FURTHER CONTINUED TO THE OCTOBER 11, 2011 BCC MEETING. PETITION: DRI- 2006 -AR- 10147, HACIENDA LAKES DRI -- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING A DEVELOPMENT ORDER FOR HACIENDA Page 254 September 27, 2011 LAKES, A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTIONS 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA WHICH WILL ALLOW UP TO 1,760 RESIDENTIAL DWELLING UNITS INCLUDING CONVERSION TO RECREATIONAL VEHICLE PARK AND SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED LIVING AND NURSING CARE, 3279500 SQUARE FEET OF RETAIL USE, 705000 SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE INCLUDING CONVERSION OF RETAIL USE TO PROFESSIONAL AND MEDICAL OFFICE, A 135 -ROOM HOTEL INCLUDING A CONVERSION TO BUSINESS PARK, 1409000 SQUARE FT. OF BUSINESS PARK OR EDUCATIONAL FACILITY, A PUBLIC SCHOOL, AND CONTINUATION OF EXISTING "JUNIOR DEPUTY" PASSIVE RECREATION AND EXISTING "SWAMP BUGGY" ATTRACTION; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONCLUSIONS OF LAW; AND PROVIDING AN EFFECTIVE DATE Item #I 7D THIS ITEM IS BEING CONTINUED TO THE OCTOBER 11, 2011 BCC MEETING: PUDZ- 2006 -AR- 10146, HACIENDA LAKES MPUD -- AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURAL (A), AGRICULTURAL- Page 255 September 27, 2011 SPECIAL TREATMENT OVERLAY (A -ST) AND PUD ZONING DISTRICT (SWAMP BUGGY DAYS PUD) TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HACIENDA LAKES MPUD THAT WILL ALLOW A MAXIMUM OF 3271500 SQUARE FEET OF GROSS RETAIL COMMERCIAL FLOOR AREA; 70,000 GROSS SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE SPACE INCLUDING A CONVERSION OF RETAIL USE TO PROFESSIONAL AND MEDICAL OFFICE; 135 HOTEL ROOMS INCLUDING A CONVERSION TO BUSINESS PARK; 140,000 GROSS SQUARE FEET OF BUSINESS PARK OR EDUCATION FACILITY; A PUBLIC SCHOOL; CONTINUATION OF EXISTING "SWAMP BUGGY" ATTRACTION AND "JUNIOR DEPUTY" PASSIVE RECREATION; AND A MAXIMUM 1,760 RESIDENTIAL DWELLING UNITS INCLUDING CONVERSION TO RECREATIONAL VEHICLE PARK AND SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED LIVING AND NURSING CARE. THE SUBJECT PROPERTY, CONSISTING OF 2,262 +/- ACRES IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 95 1) AT THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE- HAMMOCK ROAD AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS 11, 12, 13, 145 239 24 AND 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 84 -26, FOR SWAMP BUGGY GROUNDS; AND PROVIDING AN EFFECTIVE DATE Item #I 7E Page 256 September 27, 2011 ORDINANCE 2011 -31: AN ORDINANCE THAT REPEALS OR AMENDS CERTAIN COLLIER COUNTY ORDINANCES RELATING TO THE REGULATION OF FIREARMS AND AMMUNITION, SPECIFICALLY IN REGARDS TO POSSESSION AND /OR DISCHARGE OF A FIREARM, IN ORDER TO COMPLY WITH RECENT AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS ALL SUCH REGULATORY POWERS TO THE STATE OF FLORIDA EFFECTIVE OCTOBER 1, 2011; ORDINANCE 2011 -32: AN ORDINANCE THAT REPEAL OR AMEND CERTAIN COLLIER COUNTY ORDINANCES RELATING TO THE REGULATION OF FIREARMS AND AMMUNITION, SPECIFICALLY IN REGARDS TO CONCEALED WEAPONS /CONCEALED FIREARMS, IN ORDER TO COMPLY WITH RECENT AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS ALL SUCH REGULATORY POWERS TO THE STATE OF FLORIDA EFFECTIVE OCTOBER 1, 2011; ORDINANCE 2011 -33: AN ORDINANCE THAT REPEALS OR AMENDS CERTAIN COLLIER COUNTY ORDINANCES RELATING TO THE REGULATION OF FIREARMS AND AMMUNITION, SPECIFICALLY IN REGARDS TO NOISE CONTROL ASSOCIATED WITH THE DISCHARGE OF A FIREARM, IN ORDER TO COMPLY WITH RECENT AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS ALL SUCH REGULATORY POWERS TO THE STATE OF FLORIDA EFFECTIVE OCTOBER 1, 2011; ORDINANCE 2011 -34: AN ORDINANCE THAT REPEALS OR AMENDS CERTAIN COLLIER COUNTY ORDINANCES RELATING TO THE REGULATION OF FIREARMS AND AMMUNITION, SPECIFICALLY DELETING ANY LOCAL RIGHTS TO SUSPEND /LIMIT THE SALE OF FIRE ARMS Page 257 September 27, 2011 DURING A STATE OF EMERGENCY, IN ORDER TO COMPLY WITH RECENT AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS ALL SUCH REGULATORY POWERS TO THE STATE OF FLORIDA EFFECTIVE OCTOBER 13 2011; AND DIRECTING STAFF TO REFER TWO SPECIAL ACTS DEALING WITH FIREARMS TO THE LEGISLATIVE DELEGATION, WITH A REQUEST THAT THE LEGISLATURE REVIEW THEM FOR POSSIBLE REPEAL Item #I 7F RESOLUTION 2011 -178: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2011 -12 ADOPTED BUDGET Page 258 September 27, 2011 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:36 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL FRED W. COYLE, Ch -,i2ja n DWIOHTE:ff,fftTCK, CLERK test as to., a trait 4 4*444541t4 These minutes appro ed by the Board on 1 is b sz/ 43) 20 ,( , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 259