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BCC Minutes 10/11/2011 RBCC REGULAR MEETING MINUTES OCTOBER 11, 2011 October 11, 2011 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 11, 2011 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta Donna Fiala Georgia Hiller Tom Henning ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Ian Mitchell, BCC Executive Manager 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 October 11, 2011 9:00 AM Fred W. Coyle, BCC Chairman; Commissioner, District 4 Jim Coletta, BCC Vice - Chairman; Commissioner, District 5; CRAB Vice - Chairman Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Georgia Hiller, BCC Commissioner, District 2 Tom Henning, BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE 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 COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 October 11, 2011 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112 -5356, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Richard Rogers - Unity of Naples 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. September 8, 2011 - BCC /Budget Hearing C. September 13, 2011 - BCC /Regular Meeting Page 2 October 11, 2011 D. September 14, 2011 - BCC /Regular Meeting Carryover E. September 23, 2011 - BCC /EDC Workshop 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation designating October 20, 2011 as Commuter Services Day. To be accepted by Jan Parham, Florida Department of Transportation Commuter Services Project Manager and Christine Diaz, Commuter Services Director. Sponsored by Commissioner Coyle. B. Proclamation designating October 17, 2011 through October 23, 2011 as Fire Fighter Appreciation Week. To be accepted by Ashley Bodisch, Tony Palermo and Kevin Schoch. Sponsored by Commissioner Coyle. C. Proclamation designating October as Domestic Violence Awareness Month. To be accepted by Linda Oberhaus, Executive Director, The Shelter for Abused Women. Sponsored by Commissioner Coyle. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for October, 2011 to Preferred Travel of Naples. Accepting the award is Wilma Boyd, CEO & President. B. Presentation of the PHOENIX AWARD to recognize those EMS Paramedics, EMTs, Firefighters, Sheriffs Deputies and Police Officers, who through their skills and knowledge, have successfully brought back to life individuals who have died. C. Recommendation to recognize Dayne Atkinson, Project Manager, Public Utilities Planning and Project Management, as the Employee of the Month for September, 2011. Page 3 October 11, 2011 D. The Board of County Commissioners wishes to show their appreciation to Mr. Robert P. Murray for his 8 years of dedicated service as a member of the Collier County Planning Commission, as a representative for District 1. 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 September 27, 2011 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. 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. This item has been continued from the September 27, 2011 BCC Meeting. Recommendation to Approve Growth Management Plan Amendment Petition CP- 2006 -11, David Torres, for Hacienda Lakes of Naples, LLC. (Adoption Hearing) (Companion Petitions: PUDZ- 2006 -AR- 10146 and DRI- 2006 -AR- 10147) C. This item has been continued from the September 27, 2011 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. 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 4 October 11, 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 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 Petitions: PUDZ- 2006 -AR -10146 and CP- 2006 -11) D. This item has been continued from the September 27, 2011 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. 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 an 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 Page 5 October 11, 2011 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 Grounds; and by providing an effective date. (Companion Petitions: DRI- 2006 -AR -10147 and CP- 2006 -11) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. B. Appointment of members to the Historical /Archeological Preservation Board. C. Appointment of member to the Airport Authority Advisory Board. D. Request that the Chairman of the Board of County Commissioners formally request that the Clerk of Courts assist in training County staff on the proper submission of invoices. Commissioner Tom Henning. E. Advisory Board Vacancies. 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners (BCC) review the presentation of the Phase II Master Mobility Plan update and acknowledge that the current Public Involvement Plan (PIP) is open and transparent. (Nick Casalanguida, Deputy Administrator - Growth Management Division) B. Recommendation to adopt a resolution supplementing and amending Resolution No. 2008 -353 authorizing the condemnation of land and easements necessary for the construction of roadway, drainage and utility improvements required for the expansion of Collier Boulevard from four lanes to six lanes from Green Boulevard to Golden Gate Boulevard, including portions east on White Boulevard and west on Pine Ridge Road. (Project No. 68056) Estimated Fiscal Impact: $4.3 Million. (Jay Ahmad, Transportation Engineering Director) Page 6 October 11, 2011 C. Recommendation to approve the renewal of the Group Dental Insurance program through Cigna Dental Plan, Inc. with no increase in the rates or change in terms for a one year period effective January 1, 2012 in the amount of $1,730,521. (Jeff Walker, Risk Management Director) D. This item is a reconsideration of Item #16A17 approved by the BCC at the September 13, 2011 Meeting. Recommendation for Board approval of Hole Montes, Inc., as the design professional short -list for RFP #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. (Michelle Arnold, Alternative Transportation Modes Director) 11. COUNTY ATTORNEY'S REPORT 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 14. PUBLIC COMMENTS ON GENERAL TOPICS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------ - - - - -- A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve and authorize the Chairman to sign the "Contract Bond Dual Obligee Rider" required to satisfy terms of the Memorandum of Agreement for an Interim Median Opening located at Davis Boulevard and Joy Rose Place. Page 7 October 11, 2011 2) Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development - related review and processing fees relating to replacement of hot water heaters in multi- family dwelling units as provided for in The Code of Laws and Ordinances, Section 2 -11. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute an extension of the Site Improvement Grant Agreement between the CRA and the Richard and Michele Jarvis Family Trust due to certain permitting delays. (2741 Riverview Drive, Fiscal Impact: None) 2) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute an extension of the Commercial Building Improvement Grant Agreement between the CRA and Maddox & Partners, LLC due to certain permitting delays. (2891 Bayview Drive, Fiscal Impact: None) C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve selection committee rankings and enter into negotiations for a contract for RFP #11 -5708, "Construction Engineering and Inspection Services for Master Pumping Station 312 Rehabilitation" Project No. 72549, with Q. Grady Minor. 2) Recommendation to approve Amendment No. 3 to South Florida Water Management District Agreement No. OT061098 providing a one -year extension until September 30, 2012, to continue monitoring ground water in Collier County in FY2012. (Estimated Annual Revenue: $116,000) 3) Recommendation to approve a waiver of formal competition and approve Contract #11 -5698 with N. Harris Computer Corporation for Department of Utility Billing Services Integrated Software System in an annual amount not to exceed $140,000. D. PUBLIC SERVICES DIVISION Page 8 October 11, 2011 1) Recommendation to approve and authorize the Chairman to sign a grant agreement accepting the Continuum of Care Shelter Plus Care grant award from the U.S. Department of Housing and Urban Development (HUD) totaling $81,840 and approve budget amendments to recognize funding associated with this award. This grant will provide rent vouchers to the Collier County Housing Authority for clients receiving services from David Lawrence. 2) Recommendation to waive the formal RFP process and purchase a Sierra Integrated Library System upgrade from Innovative Interfaces Inc., (III) the current vendor for the Library's automation system. (Fiscal Impact Grant Funds: $74,725) E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve a renewal of Agreement #11 -5649 with CS STARS, Inc. for the lease of Risk Management Information Systems software services in the amount of $112,069 annually. 2) This item continued from the September 27, 2011 BCC Meeting. Recommendation to approve a Revenue Commitment Contract with Naples News Media Group to receive discounted pricing on advertising. 3) Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. 4) Recommendation to approve a City of Naples Airport Authority Leasehold Agreement Land Lease North Quadrant Land Fill Site with the City of Naples Airport Authority for continued occupancy of the Naples Recycling Center property at a first year annual rent of $425260.88. 5) Recommendation to authorize conveyance of a Grant of Utility Easement to FPL Fibernet, LLC, for the installation of underground fiber optic cable to the existing communications towers at the Golden Gate Public Safety Complex, Veterans Park, and East Naples Park. Page 9 October 11, 2011 6) Recommendation to authorize routine and customary budget amendments appropriating $5,373,872.55 of FYI I carry forward for approved open purchase orders into Fiscal Year 2012 operating funds. 7) Recommendation to accept a Deed of Conveyance of 62.63 acres +/- of canals and small reservoir within the Orangetree PUD providing for future access to a park site, additional surface water management area for the planned County public utility site and operation and maintenance of the area's stormwater management outfall system, and to approve a Maintenance Agreement. F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution authorizing the removal of 4,974 ambulance service accounts and their respective account receivable balances which total $6,954,193.53 from the General Ledger of Collier County Fund 490 (Emergency Medical Services). Although the amount has been recognized and recorded as Bad Debt Expense in the General Ledger, it cannot be removed without Board adoption of an authorizing resolution. 2) This item continued from the September 27, 2011 BCC Meeting. Recommendation to approve the Fiscal Year 2012 Strategic Plan for the Naples Marco Island, Everglades Convention & Visitors Bureau (CVB). 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2011 -12 Adopted Budget. G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting as the Airport Authority, authorize a refund to Mr. Jack Ascraft in the amount of $795 for parking fees at Marco Island Executive Airport. 2) Recommendation to approve utilizing $202,800 from Immokalee Airport Development Fund 497 to purchase 3.38 Wetland Credits from Southwest Florida Wetlands JV (dba Panther Island Mitigation Page 10 October 11, 2011 Bank) required for the next phase of development at the Immokalee Regional Airport, and associated Budget Amendments. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will be attending the Campaign for Leadership 2011 event at Naples Botanical Garden, Naples, FL on November 4 and 5, 2011. $75 to be paid from Commissioner Coletta's travel budget. 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 28th Annual Excellence in Industry Awards Luncheon at the Naples Hilton, Naples, FL on September 15, 2011. $16 to be paid from Commissioner Coletta's travel budget. 3) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will be attending the 2011 Distinguished Public Service Awards on October 12, 2011 at Naples Hilton Hotel, 5111 Tamiami Trail North, Naples, FL. $20 to be paid from Commissioner Henning's travel budget. 4) Commissioner Hiller requests Board approval for reimbursement to attend function serving a valid public purpose. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of September 10, 2011 through September 16, 2011 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of September 17, 2011 through September 23, 2011 and for submission into the official records of the Board. Page 11 October 11, 2011 3) Recommendation to approve corrections to the minutes of the Board of County Commissioners meeting held on May 10, 2011, in regard to a speaker named erroneously. The meeting video has been reviewed and the corrections have been verified by the Clerk of the Courts, Minutes and Records Department. K. COUNTY ATTORNEY 1) Approve an Agreed Order Awarding Expert Fees and Costs in connection with the acquisition of Parcels 838A and 838B in the lawsuit styled Collier County, Florida v. Nancy L. Johnson Perry, Individually and as Successor Trustee, et al, Case No. 03- 2373 -CA, Golden Gate Parkway Project #60027. (Fiscal Impact $27,167.60) 2) Recommendation to approve a settlement agreement in the lawsuit styled Forbis v. Collier County, et al. filed in the Twentieth Judicial Court in and for Collier County, Florida, Case No. 05- 1618 -CA. 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. 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. Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the impact fee study entitled the "Collier County School Impact Fee Update Study," dated August 22, 2011, in accordance with the Page 12 October 11, 2011 recent and localized data requirements of Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act, and providing current School Impact Fee rates, which became effective October 8, 2010, and are lower than those rates calculated as part of the update study, remain in effect. B. This item requires that all participants be sworn in and ex -parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. CU- PL2011 -0579, Garden Street, a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow an iron and metal collection and transfer station (refuse systems) within an industrial (I) zoning district pursuant to Subsection 2.03.04.A. l .c.16 of the Collier County Land Development Code for property located in Section 36, Township 49 South, Range 25 East, Collier County, Florida. C. 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. Recommendation that the Board approve the withdrawal of the designation of the Stewardship Sending Area known as Half Circle L Ranch Partnership ( "HCLRP ") SSA #8 and the termination of the Stewardship Sending Area Credit Agreement and Stewardship Easement Agreement, and canceling of the Stewardship Credits generated by the designation of said Stewardship Sending Area. D. Recommendation to adopt an ordinance regulating the public's use of "preserve lands" managed by Conservation Collier and the Collier County Parks and Recreation Department. E. Recommendation to adopt 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. F. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2011 -12 adopted Budget. Page 13 October 11, 2011 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 14 October 11, 2011 October 11, 2011 MR. SHEFFIELD: Chairman, you have a live mike. CHAIRMAN COYLE: Thank you. Ladies and gentlemen, the Board of County Commission meeting is now in session. Would you please stand for the invocation to be given by Reverend Richard Rogers of the Unity Church -- Unity of Naples Church. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND ROGERS: We give thanks, God, for all your blessings. Let this meeting go orderly and smoothly to accomplish all the good that you intend for this meeting. And we acknowledge all the individuals that are here today that have saved lives. Through their service, through their love, through their commitment to others, they have made a difference in so many. So in all things, God, we look to you and we give thanks that we may be kind and respectful and loving and generous with one another. In your name we pray, amen. CHAIRMAN COYLE: Please remain standing for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. County Manager, you have some changes to the agenda? Item #2A TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED — APPROVED AND /OR ADOPTED W /CHANGES Page 2 October 11, 2011 MR. OCHS: Yes, sir, Mr. Chairman. Good morning, Commissioners. These are your agenda changes for the Board of County Commissioners' meeting of October 11, 2011. First item is a continuance, request to continue Item 8B to the October 25, 2011, BCC meeting. It's a recommendation to approve a Growth Management Plan amendment for the Hacienda Lakes of Naples, LLC, and that change or continuance is requested by Commissioner Hiller. The next two items are companion items to that item, so they are also requests for continuance. The first is Item 8C to the October 25, 20111 BCC meeting. It's a resolution of the Board of County Commissioners approving a development order for Hacienda Lakes DRI. Next is a request -- that was also at Commissioner Hiller's request. Next is a -- continue Item 8D, which is an ordinance amendment changing the zoning for the project known as Hacienda Lakes Master Planned Unit Development. That is at Commissioner Hiller's request. The next change is to move Item 16E2 from the consent agenda to become Item I OE on your regular agenda. This item was previously continued from the September 27, 2011, BCC meeting. It's a recommendation to approve a revenue commitment contract with Naples News Media Group to receive discounted pricing on advertising. That item is moved at Commissioner Hiller's request. Next change is to move Item 16E4 from your consent agenda to become Item l OG on your regular agenda. It's a recommendation to approve a City of Naples Airport Authority leasehold agreement for the Naples Recycling Center property at a first -year annual rent of $42,260.88, and that item is being moved at Commissioner Hiller's request. Next change is to move Item 16F 1 from your consent agenda to become Item 1 O on the regular agenda. It's a recommendation to adopt a resolution authorizing removal of uncollectible ambulance Page 3 October 11, 2011 service accounts from Fiscal Year 2008. That item is moved at Commissioner Hiller's request. Next change is to move Item 16G2 from your consent agenda to become Item 13A under your Airport Authority. It's a recommendation to approve utilizing $202,800 from Immokalee Airport Development Fund 497 to purchase 3.38 wetlands credits required for the next phase of development at the Immokalee Regional Airport. That item is moved at Commissioner Hiller's request. Next change is to withdraw Item 161-14. It was a request for board approval for reimbursement by Commissioner Hiller to attend a function serving a valid public purpose. That item is withdrawn at Commissioner Hiller's request. Next change is to move Item 16K1 from the county attorney consent agenda to become Item 11 A. It's approve an agreed order awarding expert fees and costs in connection with acquisition of parcels relating to a roadway expansion. That item is moved at Commissioner Hiller's request. Next change is to move Item 17D from your summary agenda to become Item 8E. It's a recommendation to adopt an ordinance regulating the public's use of "preserve lands" managed by Conservation Collier and the Collier County Parks and Recreation Department. That item is moved at Commissioner Hiller's request. We have three agenda notes this morning, Commissioners. First is Item 2C and 2D on your agenda, which are approval of minutes. It should read that -- September 13 and 14, 2011, BCC regular meeting minutes, and that's a change that's requested by clerk's the minutes and records department. Item 11A, which was previously Item 16K1, we have a correction in a portion of the considerations section of your executive summary. It should read as follows: The total negotiated amount is approximately 20 percent off the total invoiced amount, and that correction was made at Commissioner Fiala's request. October 11, 2011 And, finally, Item 16K2, the third paragraph under considerations portion of the executive summary should read as follows: County has negotiated the attached settlement agreement which calls for the walkways to remain open and available to the public within the county being able to erect signage directing the public to the walkways, and that correction was also made at Commissioner Fiala's request. Those are all the changes I have, Mr. Chairman. CHAIRMAN COYLE: Okay, County Manager. How about County Attorney? MR. KLATZKOW: No changes, sir. CHAIRMAN COYLE: Okay. Then we will have ex parte disclosure and any further changes for the commissioners, and we'll start with Commissioner Hiller. COMMISSIONER HILLER: Thank you. With respect to ex parte, I have the staff reports for both 8A and with respect to 17B, and I've spoken to staff about both. With respect to the agenda, I'd like to recommend one additional change. I found out that Chris Curry is on vacation, so as a result he will not be here to address 13A, so I would like to continue 13A, which was formerly 16G2, so he has the opportunity to address the questions and the concerns that I have. MR. OCHS: Commissioners, I've spoken to Mr. Curry early this morning. I know he's sending Mr. Tweedy. If the board wants to hear this item -- I think there's some urgency based on his statements to me, but it's the board's pleasure. But he did want me to convey to you that Mr. Tweedy, representing his staff, will be available if the board chooses to hear this today. COMMISSIONER HILLER: From what I can see, continuing it to the next meeting I don't believe would adversely impact anything, and I don't see any reason why we can't continue it and have him represent. I don't want to be relying on staff. It's his responsibility, and he should be here to address it. Page 5 October 11, 2011 CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I talked to Chris Curry this morning, and he thought he was going to be adequately represented by his representative. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: And did you say urgency to this also? COMMISSIONER COLETTA: I'm sorry? COMMISSIONER FIALA: Is there some urgency to this as well? COMMISSIONER COLETTA: He didn't mention the urgency, to be honest with you, but he said that he wasn't concerned, that his representative is fully versed in the subject matter. CHAIRMAN COYLE: Okay. And is that all, Commissioner Hiller? COMMISSIONER HILLER: Yes. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. As far as the consent agenda, I have nothing on the consent agenda. And the summary agenda, 17B, apparently I just have something in the file, and I'm not sure what it is. I'm sorry to say that, but I -- there must be some correspondence. But I do have a file here, and this is it, by the way, so I have that. And also on 17C it says to see my file, and I'm sorry that I don't have these things for you right now, but I have them in this file. And I guess they were just staff reports and public meetings that were in my file here, so that's them. Thank you. CHAIRMAN COYLE: Okay. Thank you very much, Commissioner Fiala. I have no additional changes to the agenda today. With respect to ex parte disclosure, I have disclosure for 17B, which really consists of nothing more than the staff report, and 17C I have correspondence 0--W October 11, 2011 and emails. And by the way, we have heard a portion of this item in the past, so all of us have been aware of this particular item because it was discussed at a previous public meeting. And with that I have no further disclosure. Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir. I have no changes to the agenda itself. The summary agenda, Item B, staff report, I have viewed them. Item C, I did have meetings and talked to staff about it. One thing I'd just like to be able to clarify with the commission is our ability to be able to continue items prior to meeting here. If a commissioner likes to continue an item, once they put it on the change sheet, that item is effectively continued because you're going to have people not come to the meeting. I can't recall an instance in the past where a commissioner has ever continued an item prior to the meeting itself, and maybe we ought to come up with some sort of clarification so we know how to handle it in the future. Because you can't continue it for discussion and then have everyone come, and they probably won't come. They'll just assume that it's a final action. It's just -- it's a concern, and we never addressed it, and it's something that at some point in time we need to talk about. CHAIRMAN COYLE: Yeah. Your point really is that continuing an item is a decision that requires a majority of the Board of County Commissioners. It can't just be continued by a single commissioner. A commissioner can ask that it be continued. And it's probably better to do that during the meeting so that we can have a vote on that. But you're absolutely right, by putting it on an agenda change sheet, it would appear to the public that it's already been done. We might, in fact, say, no, we're not going to continue it today. And where are the petitioners? They're not here, okay, because they expect it's going to be continued. Suppose it's not? So it's a difficult issue to deal with. We need to make sure that we control that a little Page 7 October 11, 2011 bit better in the past -- or in the future. Okay. Commissioner Henning? COMMISSIONER HENNING: Ex parte communication, Mr. Chairman, I have the Planning Commission's report on 17B. I do have no further changes to today's agenda. I would like to hear the airport item if, in fact, there is an urgency to expend that money, but later on we can also consider continuing it. Is that okay, Commissioner Hiller? COMMISSIONER HILLER: No. COMMISSIONER HENNING: Oh, I'm sorry. COMMISSIONER HILLER: I really -- there is no urgency. And my understanding is that -- I have actually concerns about it. Quite frankly, I don't believe there's a need to expend funds. This goes to the issue of panther credits -- sorry -- wetland credits. COMMISSIONER HENNING: Correct. COMMISSIONER HILLER: We could have received a letter of reservation and approval on that letter from the South Florida Water Management District without having to spend a dime. And we're proposing to spend, you know, over $200,000 that could be avoided and still satisfy the requirements of moving forward with that permit. COMMISSIONER HENNING: Well, I would like to hear your concerns under that item. COMMISSIONER HILLER: Well, I would like to address it, but I'd like to address it with Mr. Curry present, because he's the one responsible, and he's on vacation. And so my problem is -- and I only found out last night that he was on vacation. And he expected that this was going to be approved because he put it on consent. I pulled it off consent and raised a number of questions and haven't received satisfactory answers, and I would like to have the opportunity to continue researching this, not only with county staff, but with his staff as well, as well as with Southwest Florida Water Management, because it just doesn't make am October 11, 2011 sense. CHAIRMAN COYLE: When was this item placed on the agenda, County Manager? MR. OCHS: Last Wednesday, sir, is when the agenda went to print, and this item was part of that printed agenda. CHAIRMAN COYLE: So we've had since last Wednesday to get those questions answered; is that correct? MR. OCHS: Yeah. It was actually in the system sooner than that, but it went to print on Wednesday evening. CHAIRMAN COYLE: Okay. All right. Thank you very much. COMMISSIONER HILLER: And if I may add that those questions would be answered in conjunction with all the other questions on all the other agenda items. It's not the only item on this agenda. CHAIRMAN COYLE: Doing it at the last minute, Commissioner Hiller, is very difficult to deal with. That's why we put these things out so the public can review them. COMMISSIONER HILLER: Commissioner Coyle? CHAIRMAN COYLE: The motion has been made, I think, by Commissioner Henning to approve the changes to the minutes with the exception of 16G2. COMMISSIONER HENNING: That's not correct. CHAIRMAN COYLE: No. What is correct? COMMISSIONER HENNING: I didn't make a motion. CHAIRMAN COYLE: All right. Are you going to make a motion? Because you expressed a preference that you hear 16G2. COMMISSIONER HENNING: Yeah, and I am going to respect the wishes of my colleague. If they have further questions that may be dealt with outside this meeting, I think it would be more productive to the Board of Commissioners. CHAIRMAN COYLE: Okay. Is there a motion there or -- COMMISSIONER HENNING: I'll make a motion to accept -- October 11, 2011 or adopt the agenda as amended by the board and staff. CHAIRMAN COYLE: Okay. Is there a second? COMMISSIONER HILLER: Is that with continuing 13A or no? COMMISSIONER HENNING: Correct. COMMISSIONER HILLER: Thank you. I'll second it. COMMISSIONER COLETTA: Okay. Question? CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER COLETTA: Just to make sure. So, Commissioner Henning, you're wanting to continue the airport issue? COMMISSIONER HENNING: Yes. COMMISSIONER COLETTA: Okay. CHAIRMAN COYLE: Okay. All -- COMMISSIONER FIALA: I'd like to ask a question. CHAIRMAN COYLE: Go ahead. COMMISSIONER FIALA: If this is continued, will that in any way jeopardize the airport? The airport is my prime concern, the airport and making sure that that's a -- you know, we're so focused on trying to make that a successful airport, and if prolonging this to another time might jeopardize that, I think maybe we should discuss it today. And if a conclusion can't be reached, maybe there would be something that we can put into the record to at least preserve proceeding so that we can -- you know, we can bring this to a conclusion. MR. OCHS: Commissioner, I cannot tell you with certainty that, you know, continuing this for two weeks is going to put the project in jeopardy or the credits in jeopardy. I was just trying to convey some information based on a short discussion with Mr. Curry. I guess you have two choices: You can make that decision when you speak to his staff rep if you leave it on the agenda, or you continue it to the next meeting. We'll have it back on the agenda. He'll be here, and you can deal with it at that point. But I don't think in either case you're going to jeopardize the acquisition of those Page 10 October 11, 2011 credits. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. If the motion fails, I'll make a new motion to keep it on the agenda, because I want to hear what the concerns are. And if the information we get is incomplete, we can continue it at that point in time. But it's kind of hard to deal with this at arm's length. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All opposed by like sign. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Okay. The motion fails 2 -3 with Commissioners Coletta, Coyle, and Fiala dissenting. COMMISSIONER COLETTA: Okay. I make a motion that we adopt the agenda as amended with the exception of the Airport Authority item. That should stay on the agenda. COMMISSIONER FIALA: Second the motion. CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta to approve the agenda today as amended with the exception of Item 13A being -- or Item 16G2 being moved to 13A, and it's seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. Page 11 October 11, 2011 CHAIRMAN COYLE: Okay. The motion carries 4 -1, with Commissioner Hiller dissenting. Page 12 Agenda Changes Board of County Commissioners Meeting October 11, 2011 Continue Item 8B to the October 25 2011 BCC Meetin. This item has been continued from the September 27, 2011 BCC meeting. Recommendation to Approve Growth Management Plan Amendment Petition CP- 2006 -11, David Torres, for Hacienda Lakes of Naples, LLC (Adoption Hearing) (Companion to Petitions PUDZ- 2006 -AR -10146 and DRI- 2006 -AR- 10147). (Commissioner Hiller's request) Continue Item 8C to the October 25 2011 BCC Meeting This item has been continued from the September 27, 2011 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. 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 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 -10146 and CP- 2006 -11). (Commissioner Hiller's request) Continue Item 8D to the October 25 2011 BCC Meeting: This item has been continued from the September 27, 2011 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. 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. 951) 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 grounds; and by providing an effective date (Companion to Petitions DRI- 2006 -AR -10147 and CP- 2006-11). (Commissioner Hiller's request) October 11, 2011 BCC Change Sheet Page 2 Move Item 16E2 to Item 10E: This item continued from the September 27, 2011 BCC Meeting. Recommendation to approve a Revenue Commitment Contract with Naples News Media Group to receive discounted pricing on advertising. (Commissioner Hiller's request) Move Item 16134 to Item 10G: Recommendation to approve a City of Naples Airport Authority Leasehold Agreement Land Lease North Quadrant Land Fill Site with the City of Naples Airport Authority for the continued occupancy of the Naples Recycling Center property at a first year annual rent of $42,260.88. (Commissioner Hiller's request) Move Item 16F1 to Item 10F: Recommendation to adopt a resolution authorizing removal of 4,974 ambulance service accounts and their respective account receivable balances which total $6,954,193.53 from the General Ledger of Collier County Fund 490 (Emergency Medical Services). Although the amount has been recognized and recorded as Bad Debt Expense in the General Ledger, it cannot be removed without Board adoption of an authorizing resolution. (Commissioner Hiller's request) Move Item 16G2 to Item 13A: Recommendation to approve utilizing $202,800 from Immokalee Airport Development Fund 497 to purchase 3.38 wetland credits from Southwest Florida Wetlands JV (dba Panther Island Mitigation Bank) required for the next phase of development at the Immokalee Regional Airport, and associated Budget Amendments. (Commissioner Hiller's request) Withdraw Item 161-14: Commissioner Hiller requests Board approval for reimbursement to attend function serving a valid public purpose. (Commissioner Hiller's request) Move Item 16K1 to Item 11A: Approve an Agreed Order Awarding Expert Fees and Costs in connection with the acquisition of Parcels 838A and 838B in the lawsuit styled Collier County, Florida v. Nancy L. Johnson Perry, Individually and as Successor Trustee, et al, Case No. 03- 2373 -CA, Golden Gate Parkway Project #60027 (Fiscal Impact $27,167.60). (Commissioner Hiller's request) Move Item 17D to Item 8E: Recommendation to adopt an ordinance regulating the public's use of .'preserve lands" managed by Conservation Collier and the Collier County Parks and Recreation Department. (Commissioner Hiller's request) Note: Items 2C and 2D should be listed as one item and should read: September 13 and 14, 2011 BCC - Regular Meeting. (Clerk's Minutes and Records Department request) Item 11A (Previously Item 161(1): Third paragraph under Considerations portion of the Executive Summary should read: The total negotiated amount is approximately 20% off the total invoiced amount. (Commissioner Fiala's request) Item 16K2: Third paragraph under Considerations portion of the Executive Summary should read: The County has negotiated the attached settlement agreement which calls for the walkways to remain open and available to the public within the County being able to erect signage directing the public to the walkways. (Commissioner Fiala's request) 10/11/2011 8:37 AM October 11, 2011 Item #213, #2C, #2D and #2E MINUTES FROM THE SEPTEMBER 8, 2011 — BCC /BUDGET HEARING; SEPTEMBER 13-14,2011 — BCC /REGULAR MEETING; SEPTEMBER 14, 2011 — BCC /REGULAR MEETING CARRYOVER AND SEPTEMBER 23, 2011 — BCC /EDC WORKSHOP — APPROVED AS PRESENTED COMMISSIONER FIALA: Motion to approve September 8th BCC budget hearing meeting minutes, motion to approve September 13th BCC regular meeting minutes, motion to approve September 14th BCC regular meeting carryover minutes, and motion to approve September 23rd, BCC /EDC workshop minutes. CHAIRMAN COYLE: Okay. And I'd like to make a clarifying remark. The September 13th and the September 14th meeting should be considered one item because it was really a carryover for the same one. So just so there's no confusion, we are approving the minutes for three meetings. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion to approve them by Commissioner Fiala, second by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HILLER: Ave. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. The motion passes unanimously. And that brings us to -- COMMISSIONER HILLER: Before we -- my light is on. Page 13 October 11, 2011 CHAIRMAN COYLE: Okay. I'm sorry. Go ahead. COMMISSIONER HILLER: Mr. Klatzkow, could you address this issue of the continuance of agenda items. You know, what happened today is the way you've also handled it. Can you tell us what the procedure is with respect to that? MR. KLATZKOW: The general procedure is that the items are continued at the time that they're heard. This is, to my knowledge, the first time we've continued a land -use item in this manner. Having said that, there's nothing wrong with the process of doing it this way. I telephoned Mr. Yovanovich, the attorney for the petitioner yesterday, and I asked him, do you want this procedure, or do you want the other procedure. And he said, Jeff, to be honest with you, I don't really feel like showing up at the board for an hour or so and having to bill my client, if you could just do it this way, and that's why we did it this way. The board could have said no. It's a change to the agenda; you vote on that change to the agenda. You could have voted this particular item down, in which case it would have been heard at one o'clock. COMMISSIONER HILLER: So in order to summarize, the effect of voting on the amendment to the agenda has the effect of voting on the continuance, as described by Commissioner Coletta? MR. KLATZKOW: Yes, ma'am. It was an appropriate procedure. COMMISSIONER HILLER: Thank you so much. I appreciate it. And only one other clarification, and that is your remark, Commissioner Coyle, about the last - minute review. That is an incorrect statement and, no -- you have absolutely no basis in fact to remark like that. COMMISSIONER FIALA: Can we move forward, please? CHAIRMAN COYLE: Yes. COMMISSIONER COLETTA: Take my light off. Page 14 October 11, 2011 COMMISSIONER FIALA: We've got a roomful of wonderful people here. I'm sorry that this is all taking place. You've got such good news for us, and you've done such good service for all of us, and I'm sorry that you had to sit through that. Excuse us. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION DESIGNATING OCTOBER 20, 2011 AS COMMUTER SERVICES DAY. ACCEPTED BY JAN PARHAM, FLORIDA DEPARTMENT OF TRANSPORTATION COMMUTER SERVICES PROJECT MANAGER & CHRISTINE DIAZ, COMMUTER SERVICES DIRECTOR — ADOPTED MR. OCHS: Commissioners, we're moving to Item 4A, which is your proclamations this morning. With your permission, sir. CHAIRMAN COYLE: Okay. MR. OCHS: 4A is a proclamation designating October 20, 2011, as Commuter Services Day. To be accepted by Jan Parham, Florida Department of Transportation Commuter Services project manager, and Christine Diaz, Commuter Services director. This item is sponsored by Commissioner Coyle. If you'd please come forward. (Applause.) CHAIRMAN COYLE: Come up here. Hi, how are you? This is the proclamation. If you'd turn and face the photographer there, we'll get a picture of it for you. You can hold it down if you'd like. You don't want to obscure me, do you? Page 15 October 11, 2011 COMMISSIONER COLETTA: Make sure it's the right side up. COMMISSIONER FIALA: Where do you want me to sit? CHAIRMAN COYLE: Oh, right here. This a movie? UNIDENTIFIED SPEAKER: It will be on YouTube. CHAIRMAN COYLE: That's exciting. Are we supposed to do anything right now? UNIDENTIFIED SPEAKER: No, just do whatever. CHAIRMAN COYLE: I do have a statement, but I was going to wait till one of these ladies get to the podium. You're going to have a statement, too, aren't you? Okay. And then I would like to introduce this computer service -- Commuter Services group. As you might be aware, Collier County has made a commitment to partner with the Commuter Services. It's a free program with the Florida Department of Transportation and to participate in the ongoing campaign to improve air quality and offer commute solutions to residents of Southwest Florida. To promote this partnership, Collier County Government will be hosting a countywide Commuter Services Day event on October the 20th5 2011, from 10:30 to 1:30 p.m. The Board of Commissioners will recognize the kickoff event with a special proclamation. We'll be reading this proclamation at that time. And I believe that with enthusiasm and team spirit, which exists among our many departments and offices, Collier government can lead the way toward engaging commuters and improving the communities throughout our region. As chairman of the Board of County Commissioners and as ambassador for Commuter Services, I have, therefore, issued a challenge to all government offices to encourage their employees to participate and register with Commuter Services on that day. So please extend this invitation to your employees, County Manager -- MR. OCHS: Sure. Page 16 October 11, 2011 CHAIRMAN COYLE: -- to take challenge and register with the Commuter Services during Collier's Commuter Services Day, October 201 2011. Your participation and attendance at this event will be greatly valued. As an added incentive to participate, the office with the most registered commuters and the highest percentage of employees registered will each win a trophy of achievement and bragging rights presented by me at a later date, and hopefully we'll have the video camera there this time, too. So for more information on the Commuter Services program, contact Christine Diaz, Program Director, 1- 866 -585 -RIDE, R- I -D -E. And with that, ladies, if you have additional comments, we'll be happy to hear them. MS. PARHAM: Just really quickly, I'm Jan Parham with the Department of Transportation. And I want to say the Department of Transportation appreciates Collier County's effort on behalf of the Commuter Services Program. And I want to thank your staff, Mike Sheffield, Michelle Arnold -- I think she's here somewhere. I just want to say the staff worked wonderfully with us. We appreciate the effort. And of course, our ambassador for Commuter Services, Commissioner Coyle, we'll appreciate you. And Christine just has a few quick things to say. I'll turn it over to her. Thank you. CHAIRMAN COYLE: Okay. Thank you. MS. DIAZ: Thank you. My name is Christine Diaz. I'm the Program Director for the -- for Commuter Services. And I'm really excited about this day, that it's coming, it's finally here. We've been working really hard with HR, with -- internally with County Manager's Office to get this program up and going. October 20th, again, that's Thursday, between 10:30 and 1:30, you can -- you register for the program. It's free. There's no cost to Page 17 October 11, 2011 the program. There's going to be tons and tons of resource activities, things that will educate you about -- regarding biking, walking to work, carpooling, van pooling, busing, the emergency ride home. They're going to educate you on resources that you didn't even know you had available to you. And this is a great opportunity, you know, right now, with traveling back and forth, gas issues, the economy. These are resources that will be available to you, so I hope that you will register with the program. Like I said, there's no commitment. You just register. On that day you will get a bracelet, and you just -- once you're registered, you can go and participate and use the resources available on that day. Again, we're excited about the challenge, so we hope everybody will put their team spirit in play and participate. Thank you so much. CHAIRMAN COYLE: Thank you. COMMISSIONER FIALA: Commissioner Coyle? (Applause.) CHAIRMAN COYLE: You want them to stay at the podium? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Ladies, would you come back up to the podium, please. Commissioner Fiala would like to say something. COMMISSIONER FIALA: Just for a point of clarification. Ms. Parham, you mentioned you were with the Department of Transportation. MS. PARHAM: Yes, I am. COMMISSIONER FIALA: But I knew you weren't with the Collier County Department of Transportation. MS. PARHAM: Florida -- COMMISSIONER FIALA: You're with the Florida Department of Transportation. MS. PARHAM: -- Department of Transportation. COMMISSIONER FIALA: So I just want everybody to know October 11, 2011 that we've got a support system right here working with us and that this isn't just, you know, Collier County Department of Transportation. It's the State of Florida. MS. PARHAM: State of Florida Department of Transportation. COMMISSIONER FIALA: Thank you. MS. PARHAM: Thank you. ff=:E: PROCLAMATION DESIGNATING OCTOBER 17, 2011 THROUGH OCTOBER 23, 2011 AS FIRE FIGHTER APPRECIATION WEEK. ACCEPTED BY ASHLEY BODISCH, TONY PALERMO AND KEVIN SCHOCH — ADOPTED MR. OCHS: That takes us to Item 4B. It's a proclamation designating October 17, 2011, through October 23, 2011, as Firefighter Appreciation Week. To be accepted by Ashley Bodisch, Tony Palermo, and Kevin Schoch. I'm sure I mispronounced that. I'm sorry. Please come forward and accept your award. (Applause.) COMMISSIONER FIALA: Oh, here's 4B. Here it is. CHAIRMAN COYLE: Thank you very much. Appreciate your service. COMMISSIONER HILLER: Congratulations. COMMISSIONER COLETTA: Thanks for your service. COMMISSIONER HENNING: Thanks for your service. CHAIRMAN COYLE: Whoops. Stay for your picture. COMMISSIONER FIALA: And the movie. (Applause.) Item #4C Page 19 October 11, 2011 PROCLAMATION DESIGNATING OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH. ACCEPTED BY LINDA OBERHAUS, EXECUTIVE DIRECTOR, THE SHELTER FOR ABUSED WOMEN — ADOPTED MR. OCHS: Item 4C is a proclamation designating October as Domestic Violence Awareness Month. To be accepted by Linda Oberhaus, executive director, the Shelter for Abused Women. This proclamation sponsored by Commissioner Coyle. Please come forward. (Applause.) CHAIRMAN COYLE: Oh, Sheriff Rambosk is here, too. COMMISSIONER FIALA: Our hero. (Applause.) MS. OBERHAUS: Thank you, Commissioners. It takes a whole community to end domestic violence. The shelter just can't do it alone. As part of this effort, the shelter is working closely with the Collier County Sheriff s Office, the Naples Police Department, Marco Island Police, the State Attorney's Office, and the Department of Children and Families. And so all of these partners, along with the shelter, are really working to ensure that victims are safe in our community and that perpetrators are held responsible for their crimes. In honor of National Domestic Violence Awareness Month, we'll be hosting a variety of activities throughout October, and I would just encourage members of the community to visit the shelter's website at naplesshelter.org to learn more about those activities. Thank you. (Applause.) MR. OCHS: Commissioner, may I have a motion to approve your proclamations this morning. COMMISSIONER FIALA: Motion to approve the Page 20 October 11, 2011 proclamations. COMMISSIONER HILLER: I'll second it. CHAIRMAN COYLE: Motion to approve the proclamation by Commissioner Fiala, second by Commissioner Hiller. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The proclamations have been approved. MR. OCHS: Thank you, sir. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR OCTOBER, 2011 TO PREFERRED TRAVEL OF NAPLES. ACCEPTING THE AWARD IS WILMA BOYD, CEO & PRESIDENT — PRESENTED MR. OCHS: That takes you to Item 5 on your agenda this morning, presentations. Item 5A is a presentation of the Collier County Business of the Month for October 2011 to Preferred Travel of Naples. Accepting the award is Wilma Boyd, CEO and President of the agency. Ms. Boyd. CHAIRMAN COYLE: Good morning, Wilma. Good to see you. Thank you very much. (Applause.) MS. BOYD: I just might say a couple of words. First of all, it's my pleasure to stand in front of the County Commission. What a Page 21 October 11, 2011 great group we have. And thank you so much. But I had no idea so many people would come out to see me get this award. Thank you all so very much. (Applause.) MS. BOYD: I started Preferred in 1984 with a wonderful gentleman named Roy Hodges -- and I know all of you know that name -- and I had two staff members. And with the help of this wonderful community and a superb staff, we now have 45 travel counselors, and went from about 700 square feet to over 5,000 square feet. And we're so blessed to have so many wonderful staff members and the help of this community, and I sincerely thank you for your support, and especially the Chamber of Commerce and Brenda and the Economic Development Council. I thank all of you very, very much. And I'm not sure that Brenda wants to -- yes, she wants to say a few words. Thank you again. CHAIRMAN COYLE: Thank you, Wilma. MS. BOYD: Thank you again. (Applause.) MS. O'CONNOR: Thank you, Wilma. And congratulations. And I just want to say Preferred Travel is the epitome of customer service and giving back to the community, and that's why she deserves this award. Thank you. CHAIRMAN COYLE: Thank you. Item #5B PRESENTATION OF THE PHOENIX AWARD RECOGNIZING THOSE EMS PARAMEDICS, EMTS, FIREFIGHTERS, SHERIFF'S DEPUTIES AND POLICE OFFICERS, WHO THROUGH THEIR SKILLS AND KNOWLEDGE, HAVE October 11, 2011 SUCCESSFULLY BROUGHT BACK TO LIFE INDIVIDUALS WHO HAVE DIED — PRESENTED MR. OCHS: Item 5B is a presentation of the Phoenix Award to recognize those EMS paramedics, EMTs, firefighters, sheriffs deputies, and police officers who, through their skills and knowledge, have successfully brought back to life individuals who had died. Commissioners and ladies and gentlemen, the phoenix is a mythical bird that died and rose renewed from its ashes. The Collier County Emergency Medical Services Department has adopted the Phoenix Award to recognize those EMS /paramedics, EMTs, firefighters, and law enforcement officers who, through their skill and knowledge, have successfully brought back to life individuals who had died. We are proud to recognize the following heros, and Captain Les Williams will present. Captain? MR. WILLIAMS: Thank you, County Commissioners. On behalf of everyone here, I'm going to call the names very quickly. But to disclose, we do an excellent job here in Collier County. Although, this is quite a few that we have here today, our last Phoenix award was a little over 18 months ago. So I missed the last -- putting the last one on, so we almost have double the group here today, so that's why it's so large. Although, this fine group of men and women do a great job -- and we're going to hold the applause till we get everybody up front. That's if we'll all fit up front right quick. So I'm going to start out with different departments and just call everybody's name and have them come up. With the Collier County Sheriff s Office, Corporal Robert Rue, Corporal Sylee Gibson, Corporal Brian Wiedel, Corporal Ernie (sic) Gangl, Sergeant Terrence Smith, Deputy Adam Dillman, Corporal Billy Pschigoda, Sergeant Thomas Humann, Corporal Adam Hall, and Page 23 October 11, 2011 Corporal Jeff Boyd. (Applause.) MR. WILLIAMS: Don't go too crazy. We still have a lot more to go, people. With the Isle of Capri Fire Department, Michael Graham, EMT Keith Perry, Captain Tom Purcell, and Chief Emilio Rodriguez. (Applause.) MR. WILLIAMS: With North Naples Fire Department, Batallion Chief Al Duffy, Engineer Michele Delaney, Engineer Robert Shank, Paramedic Travis Miller, Engineer Mark Bennedict, Paramedic Richard Wagoner, Captain Chuck Bacon, Captain Scott Palmateer, Paramedic Wayne Burke, and Captain Stan Depetrio. (Applause.) MR. WILLIAMS: From the Marco Island Police Department, Lieutenant Matt Goetz, Officer Robert Sims, Officer Andrew Delgado, Sergeant Brian Hood, and I'm not quite for sure if it's Officer or Lieutenant Tony Spino and Ed Stan. MR. SPINO: It's lieutenant. (Applause.) MR. WILLIAMS: With the Marco Island Fire Department, Paramedic Robert Reigler, Division Chief Donnie Jones, Engineer Ray Ladurini, Paramedic Ed Gabal, EMT Leo Rodriguez, Chris Bowden, EMT Steve Hagamann, I believe it's Captain Dustin Beatty, Paramedic Adam -- Albert Munoz, Paramedic Hafid Oliver, Paramedic Nelson Ramirez, Dean Heasely -- Captain Dean Heasely, Paramedic Munier Gattus, and Fire Chief Mike Murphy. (Applause.) MR. WILLIAMS: East Naples Fire Department, we have representing Paramedic Roland Knoll, Scott -- Paramedic Scott MacQuarrie, Paramedic Jeff Davenport, and EMT Craig Weinbaum. (Applause.) MR. WILLIAMS: From Naples Police Department, Officer Jeff Page 24 October 11, 2011 Reidy, Sergeant David Lapien, Officer Donald Ross, and Master Officer John Razilou. (Applause.) MR. WILLIAMS: From the Naples Fire Department, EMT Brian Ferreira, Paramedic Mike Moore, EMT Steve Allen, Paramedic Jaime Minor, and Paramedic Kyle Rambosk. (Applause.) MR. WILLIAMS: From Collier County EMS we have Paramedic Mark May, Lieutenant Jackie Lockerbie, Lieutenant Tony Hiserodt, Batallion Chief Tom McGuire, Paramedic Yawny Presilla, Paramedic Xavier Rivera, Paramedic John Beckman, Lieutenant Hermes Oliva, Paramedic Charlie Matthews, EMT Matt Wallace, Lieutenant Jon Harraden, Lieutenant Paul Passaretti, Lieutenant Lenny Pohl, Lieutenant Alan Dresher, Paramedic Richard Paolina, Lieutenant Greg Pacter, Lieutenant Maureen Mathews, EMT Jennifer Havens, Lieutenant Brandy Clere, Paramedic Kori Copeland, Paramedic Tim Rudzitis, Lieutenant Guy Spieth, Paramedic Brandon Rivera, Lieutenant Bobby Allen, and Paramedic -- Lieutenant Michael Goguen, and Acting Chief Walter Kopka. (Applause.) MR. WILLIAMS: Now, ladies and gentlemen and Commissioners, I also have two special guests that -- I don't know if the commissioners are going to be able to see them. But with us right now, we have two very special guests. The first one is Mr. John Mowery. (Applause.) MR. WILLIAMS: John was an accident victim on a motorcycle at the corner near Airport- Pulling Road and Vanderbilt Beach Road. With the effort of North Naples Fire Department, Collier County EMS, and the Sheriffs Office, it is a very rare feat that somebody goes into cardiac arrest from a trauma situation. The survival rate for that is less than one half of 1 percent, but due to the efforts of all the people Page 25 October 11, 2011 here in front of you that participated in John's treatment, John is here and would like to say a few words. Or actually his mother would like to say a few words. MS. MOWERY: He's going to. MR. WILLIAMS: Oh. (Applause.) MR. WILLIAMS: Also, when we -- as we get him in place, we have another special guest, Chuck Gunther. Chuck works for the City of Marco Police Department. About 12, 14 months ago, Chuck, while at work, experienced a sudden cardiac arrest, and due to -- due to the police department there being right on top of him and in the fire department and EMS jumping right on top of it, Chuck's also here to say a few words. Chuck? (Applause.) MR. MOWERY: Thank you so much. I don't even know how to thank you for this. But thank you so much. (Applause.) MS. MOWERY: I'd just like to thank -- these people are real heros, not only the police department, the fire department, the paramedics. They're taken for granted so many times until you absolutely need them in your life, and then you realize what miracles they do. And these are true miracles when your loved one is taken and they bring them back to you. And there is no words that could really say thank you, but it means everything to us. And we just thank them from the bottom of our hearts, and we pray for them every day. Thank you. (Applause.) MR. GUNTHER: I would like to say this -- my name is Chuck Gunther from Marco Island, and I would like to say on behalf of this entire fantastic group here what a wonderful job you do. I can speak Page 26 October 11, 2011 from firsthand experience that I know these guys are really great. I know the great work they do, and we should really appreciate them a lot more than we do. So thank you all, guys, and especially Marco Island Fire and Police. (Applause.) MR. WILLIAMS: Ladies and gentlemen, I present today's heros. Thank you very much. (Applause.) COMMISSIONER HILLER: You're going to do this, what happened here with the phoenix? That's great. Yeah, because my husband died of sudden cardiac arrest, and these guys -- and my -- what they did was amazing. And I'd love -- can I have the information on you? Do you have, like, a card or anything? Could you give it to Ian? And I'd love to be in touch with you. Anything I can do to help. CHAIRMAN COYLE: Vu2naples.com? UNIDENTIFIED SPEAKER: Vunaples. CHAIRMAN COYLE: Vunaples, okay. Since there's no one left here, I'll entertain a motion to adjourn. COMMISSIONER HILLER: I'd actually -- Commissioner Coyle, I'd like to comment on this. CHAIRMAN COYLE: Okay. All right. Just a moment. COMMISSIONER HILLER: Yeah, I'll wait. CHAIRMAN COYLE: For those members of the public who are interested, they can view this ceremony on vunaples.com if you'd like to see it again. Okay. Are we ready to continue? MR. OCHS: Yes, sir. CHAIRMAN COYLE: Commissioner Hiller would like to make some comments. COMMISSIONER HILLER: Yeah. I'd like to make a comment with respect to the last group of Phoenix awards that we just gave out. Page 27 October 11, 2011 My husband died of cardiac arrest. I'm sorry. And but for men like these firemen and policemen, all these other people would have died also, so I'm so grateful to them for all they've done. And I can't tell you how meaningful it is to me that people will put themselves out to save another man's life. AEDS do work. (Applause.) Item #5C RECOGNIZING DAYNE ATKINSON, PROJECT MANAGER, PUBLIC UTILITIES PLANNING AND PROJECT MANAGEMENT, AS THE EMPLOYEE OF THE MONTH FOR SEPTEMBER, 2011 — PRESENTED MR. OCHS: Commissioners, that takes us to Item 5C on your agenda. It's a recommendation to recognize Dayne Atkinson, project manager from your Public Utilities division as Employee of the Month for September 2011. Dayne, please come forward. (Applause.) CHAIRMAN COYLE: Here's a plaque for you, a letter from me expressing my appreciation to you. Thank you very much. COMMISSIONER HENNING: Congratulations. COMMISSIONER FIALA: You always have that beautiful smile on your face. COMMISSIONER HILLER: Congratulations. MR. OCHS: Get your picture. I'm going to -- Dayne, just get a picture with the commissioners while I embarrass you here with a few words. Commissioners, Dayne's been an employee of the county for over six years working in our Public Utilities Planning and Project Management Department. As the project manager assigned to the October 11, 2011 Solid Waste Department, Dayne has done an exceptional job in bringing many capital improvement projects to completion. One of his most successful achievements was a reclamation project designed to recover and reuse materials at the landfill in an environmentally sound and efficient way, and we've received many awards for that project. He has the ability to manage all aspects of a project from inception to completion, all while maintaining a positive and professional attitude. Dayne is an integral and valued team member and certainly an asset to our public utilities division and very deserving of this award. Commissioners, it's my great pleasure to present to you Dayne Atkinson, Employee of the Month for September 2011. Congratulations. (Applause.) MR. OCHS: Well done. Congratulations, Dayne. CHAIRMAN COYLE: Dayne, it's customary for employees of the month to give a 15- minute presentation. MR. ATKINSON: I'm unprepared. I'm sorry. CHAIRMAN COYLE: Congratulations. Thank you very much. MR. ATKINSON: Thank you. Item #5D THE BOARD OF COUNTY COMMISSIONERS APPRECIATION TO MR. ROBERT P. MURRAY FOR HIS 8 YEARS OF DEDICATED SERVICE AS A MEMBER OF THE COLLIER COUNTY PLANNING COMMISSION, AS A REPRESENTATIVE FOR DISTRICT 1 — PRESENTED MR. OCHS: Commissioners, Item 5D is the Board of County Commissioners wishing to show their appreciation of Mr. Robert P. Page 29 October 11, 2011 Murray for his eight years of dedicated service as a member of the Collier County Planning Commission as a representative for District 1. Mr. Murray? CHAIRMAN COYLE: Hi, Bob. MR. MURRAY: Thank you, sir. CHAIRMAN COYLE: Congratulations. MR. MURRAY: Wow, that's quite nice. CHAIRMAN COYLE: Thank you very much. Well, she's responsible for all that. COMMISSIONER HILLER: Congratulations. COMMISSIONER COLETTA: If you ever come back and visit, you can have Commissioner Coyle's parking space. COMMISSIONER HENNING: Congratulations. MR. MURRAY: That's very nice. Thank you so much. CHAIRMAN COYLE: Thank you. We appreciate your service. MR. MURRAY: Thank you. If I may. MR. SHEFFIELD: Congratulations. MR. MURRAY: Thank you, and thank you. MR. OCHS: Bob, congratulations. MR. MURRAY: Thank you so much. COMMISSIONER COLETTA: Say a couple words, Bob. MR. MURRAY: I would like. Thank you, Ian. MR. MITCHELL: It's a pleasure, sir. COMMISSIONER MURRAY: This is very generous, and I do truly appreciate that. And I'd like to express my appreciation, too, to the staff who work very, very hard to make sense out of the agonies of, does it fit here, does it fit here, and should it fit there. Eight years is a long time to spend reading, preparing, thinking about the issues, and trying to come up with fair and responsible views so that I could vote for the benefit of the community. I've told people many times, when I was Planning Commissioner, Page 30 October 11, 2011 when they would say something to me, and I would say, no problem, I make instant enemies and instant friends, and sometimes those conditions reverse themselves. But I always did anything that I could for the community and not for me and not for anybody else. And I just -- again, I have to extend my appreciation to the staff, because there have been some indications that some staff have made some faux pas and have not effectively worked as hard as they, perhaps, wanted to for whatever reasons, but the preponderance, the number, the greatest number of staff, work very hard, and they have the interest of the community at heart and not their own. So it has been a proud eight years for me and a great pleasure to know you all, and I intend to be a part of this community for a long time to come. Thank you so much. (Applause.) COMMISSIONER FIALA: Bob, when I approached the county manager about giving you this award, I didn't want to do just the usual little paper thing, and the county manager jumped all over that. And he said, I agree. He's really given of himself. And so then I approached a couple other people on staff who all together said, we're going to make this a special day. So I want you to tell -- I want to tell you this has been a joint effort by a bunch of us to appreciate all you've done. Thank you. MR. MURRAY: I do truly thank you all, I do. Thank you. CHAIRMAN COYLE: Thank you, Bob. (Applause.) Item #9A RESOLUTION 2011 -187: APPOINTING THOMAS D. OAKLEY TO THE BAYSHORE /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD — ADOPTED Page 31 October 11, 2011 MR. OCHS: Commissioners, that takes us to Item 9 on your agenda, Board of County Commissioners. 9A is appointment of member to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. COMMISSIONER FIALA: Yes. I'd like to make a motion to approve Dwight Oakley. He is the committee recommendation as well. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to approve Mr. Thomas Dwight Oakley, who is the committee recommendation, and it's seconded by me. Okay. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. RESOLUTION 2011-188: RE- APPOINTING RICHARD TAYLOR (CITIZEN AT LARGE) AND APPOINTING MATTHEW BETZ (ARCHEOLOGICAL CATEGORY) TO THE HISTORICAL /ARCHEOLOGICAL PRESERVATION BOARD — ADOPTED MR. OCHS: 9B is appointment of members to the Historical Archaeological Preservation Board. COMMISSIONER FIALA: I'd like to make a motion to approve Page 32 October 11, 2011 the committee recommendations, Richard Taylor and Matthew Betts. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to recommend appointment of the committee recommendations for Richard Taylor and Matthew Betts, seconded by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Item #9C RESOLUTION 2011 -189: RE- APPOINTING DAVID R. GARDNER TO THE AIRPORT AUTHORITY ADVISORY BOARD — ADOPTED MR. OCHS: 9C is appointment of member to the Airport Authority Advisory Board. COMMISSIONER FIALA: I'd like to make a motion to approve the committee recommendation of Dave Gardner for reappointment. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to appoint -- to reappoint David Gardner, seconded by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. Page 33 October 11, 2011 COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Item #9D CLERK OF COURTS TO ASSIST IN TRAINING COUNTY STAFF ON THE PROPER SUBMISSION OF INVOICES — APPROVED MR. OCHS: 9D is request that the chairman of the Board of County Commissioners formally request that the Clerk of the Courts assist in training county staff on the proposed submission of invoices. This item was brought on the agenda by Commissioner Henning. CHAIRMAN COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Do you want to make some comments concerning that? COMMISSIONER HENNING: I don't think it's necessary, I mean, unless the commissioners have any questions. I'm, you know, hoping we can all work together. And I appreciate your recognizing that. There are -- there are a lot of concerns out in the community about timely payment. I don't want to point any fingers at anybody. I just want to solve the problem and work together with the constitutional officers to -- for the betterment of the community. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Thank you. Page 34 October 11, 2011 CHAIRMAN COYLE: Good. I think it's a good idea. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, it passes. COMMISSIONER HENNING: Who's going to draft a letter? CHAIRMAN COYLE: We can do it. You can instruct me to do it if you'd like to. COMMISSIONER COLETTA: Motion to -- COMMISSIONER FIALA: It should come from -- COMMISSIONER HENNING: Well, yeah, that's a part of the recommendation, so -- is the chairman to write the letter requesting the clerk to assist us, okay. CHAIRMAN COYLE: Okay. Item #9E ADVISORY BOARD VACANCIES - READ INTO THE RECORD MR. OCHS: Item 9E, Commissioners, is the announcement of advisory board vacancies. Mr. Mitchell? MR. MITCHELL: Sir, these vacancies were put out in a press release on October 5th, so -- the Affordable Housing Advisory Committee currently has three vacancies, the Black Affairs Advisory Board has one vacancy, the Collier County Planning Commission has one vacancy, the Consumer Advisory Board has two vacancies, the Page 35 October 11, 2011 Development Services Advisory Committee has six vacancies, the Golden Gate Beautification Advisory Committee has one vacancy, the Golden Gate Community Center Advisory Committee has three vacancies, the Golden Gate Estates Land Trust Committee has one vacancy, the Hispanic Affairs Advisory Committee has three vacancies, the Immokalee Beautification MSTU Advisory Committee has one vacancy, the Immokalee Enterprise Zone Development Agency has one vacancy, the Isle of Capri Fire Control District Advisory Committee has two vacancies, the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Advisory Committee has one vacancy, the Vanderbilt Beach Beautification MSTU Advisory Committee has one vacancy, and the Value Adjustment Board is still looking for an alternate member, so has one vacancy, the Water and Wastewater Authority has one vacancy, and the Housing Finance Authority has one vacancy. The current press release will expire on October 26th. Thank you. CHAIRMAN COYLE: Okay. Thank you. MR. OCHS: Do we need any vote or anything on that, Jeff? CHAIRMAN COYLE: Nope. It's just information. MR. OCHS: Commissioners, that takes us to Item 10 on your agenda this morning. CHAIRMAN COYLE: Okay. am. -IR171111 REVIEW OF THE PRESENTATION OF THE PHASE II MASTER MOBILITY PLAN UPDATE AND ACKNOWLEDGE THAT THE CURRENT PUBLIC INVOLVEMENT PLAN (PIP) IS OPEN AND TRANSPARENT - MOTION ACCEPTING REPORT — APPROVED Page 36 October 11, 2011 MR. OCHS: County manager's report. IOA is a recommendation that the Board of County Commissioners review the presentation of the Phase II Master Mobility Plan update and acknowledge that the current public involvement plan is open and transparent. Mr. Nick Casalanguida, your Deputy Administrator for Growth Management, will present. MR. CASALANGUIDA: Good morning, Commissioners, Nick Casalanguida. No action is required. This is just an opportunity to address you, the board, get the public to participate and listen even more as to what we're doing, and give you a little update of what's happened as part of the project to date. As you know, it was an energy block grant that we started this with, but the county would have done this anyway. We were looking at a variance in terms of what we could afford and what we needed to build. So we looked at that, and we partnered with the Department of Energy and started our project. Three key phases: Data collection that we completed in June of 2010; we are now in Phase II, which is analysis, planned development, and recommendations. We expect to complete that at the end of this year, if not January of this coming year; and then Phase III where we actually get into the nitty - gritty of what the language means and go through a really detailed review. We're now into policy - recommendation phase. Project goals: Develop high -level conceptual mobility vision plan; obviously reduce the need for infrastructure; work with land -use concepts; and provide mobility options for the community. And we put a big focus on environment and habitat preservation because we knew going forward into the eastern lands that became more of an issue. Very important part of this is that "achieve public participation with complete transparency," and we've gone out of our way with this Page 37 October 11, 2011 as you'll see going forward. In Phase I, just as a quick recap, we started this in 2009 with data collection. We needed to know where we were first before we moved forward. May 13, 2010, was a big kickoff meeting, and we worked with ULI. Over a hundred people in attendance where we had Mr. Murphy, former mayor of Pittsburgh, showcased there as well to talk about that long -range visioning that the community needs. We just did some of that with the MPO, how important that is. Phase II, planned development. We created a stakeholder list of approximately 300 people. And I won't go through the groups, but pretty much everybody and anybody that really wanted to be involved, and all the NGOs, as well as the public. Some of the key meetings we've had: February 21 st of 2011 and then May 17th of 2011 where we kind of presented some of the findings of Phase I and asked people to provide more input and then start to get into the discussion groups. At that point in time, there was a lot of controversy of how open we are, and we made a commitment to even open this up even more and really include the public in what we call team meetings as well. Key date: Another August 25th meeting we had, 50 people attended and started to see the plan come together and provided comment. And this is a real opportunity to showcase two more dates that are coming up: November 11th from 9 to 11 a.m., South Regional Library in the morning, and then an evening meeting, November 9th, 4 to 6 p.m. in North Collier Regional Park. And at that point in time the draft report will be out, and people will be able to comment on that. And we really look forward to that as well, too. Phase II planned development and the group interviews. Many interviews were done for each individual subsections of the group; landowners, the public, the NGOs, the agencies, and the public attended some of those meetings. And we're getting a little bit of the October 11, 2011 public involvement. I want to focus on some of the numbers here. The stakeholder meetings, five; group interviews, nine; project website, unlimited; newsletters, six; breakout sections, up to 18; and project team meetings, up to 18; three Planning Commission presentations and to two BCC presentations. We've been to EAC, TAC, CAC, PAC, and the MPO, as well as some 700 postcards were distributed as well. Before I move on, just a note from Nancy Payton. You know, we asked, you know, how are we doing with public involvement? And I asked Nancy to reply, and she said, access to staff and team meetings and the ability to participate is unprecedented. And I think that says a lot. Top -notch website, and she looks forward to continued participation. So I think we've hit the mark in meeting with folks. I'll scroll through these slides really quick, be brief. These are all the dates. You can see where in February, March, and April, May, June, July, three, four times a month public can attend and come to these meetings, as well as August, September, now coming into October. So quite a bit of opportunity for people to participate. This is the important part, because I think it goes to the crux of the matter, what the public has really told us. Emerging themes from Phase II public involvement. And what we resoundingly hear from the public is Collier County's not the same all over, and we want you to consider that in your planned development. Identify protected and sensitive lands, and we've done that. We have the urban coastal area that's different from everyplace else, and redevelopment and infill. The Immokalee urban area. You know, as you have the Immokalee Area Master Plan coming forward, again, I believe in December, how important it is to identify that community's needs. Golden Gate Estates, Orangetree, the rural- fringe receiving areas, as well as the RLSA. So I think it's important that we recognize as staff and as well as the community that not every place in Collier County is the same, and Page 39 October 11, 2011 they're going to have to have different sets of specs and guidelines for them because they want to maintain their identity. Emerging concepts through public involvement. It's been talked about a lot, and in your visioning meeting with the MPO, mobile circulation and connectivity, how important it is, not to repeat the same mistakes we've made over the past 20 years in terms of gated communities, and making sure that some of these communities, even somewhat gated, at least have access to commercial and cross - connections. Encourage land -use mixes. When we say encourage, with incentives. There's got to be a better way to take some of these large developments as they come forward and make sure that the mix is more conducive to keeping a lot of that travel inside. Establish maximum and minimum densities, incentivize and promote urban infill and redevelopment. I had the benefit of talking to Commissioner Henning a little bit yesterday about how important it is to make our rules flexible in urban infill and redevelopment. You know, to try and write the Land Development Code to fit every situation is almost impossible. Staff is going to work to come up with some ideas that are much more flexible with definitely some oversight and some checks and balances. Promote walkable communities. You hear that a lot, and the emphasis of using greenways, pedestrian, bicycle corridors with signage, enhanced safety, and connectivity. Obviously protecting natural resources and ecosystems, and a lot, in these times, encourage, incentivize transit - orientated development. If we don't plan for it now in the communities going forward, when we do reach our maximum potential, it will be harder to retrofit that sort of incentive and built -in transit system. Public involvement. As a result of Phase II, we're going to wrap that up around January. We'll get into Phase III. That's where the really nitty - gritty gets down to it, because we'll actually be looking at OMMI October 11, 2011 policy language. What we expect to bring to you in December or January are policy recommendations just saying that we've come up with 10 or 15 ideas, and we want to move them forward into the next phase. And we've explained to our stakeholders and the public that's where we really need to buckle down, because the language, what the board finally adopts, will drive land - development regulations. Questions or comments? CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Thank you. I'm wondering how we can get more of the public involved. Sometimes in some of these things you see the same people all the time, and so they're going to drive what the future is rather than getting some other parts of the community involved as well. Is there a way that we can -- I mean, you can't force anybody to come -- MR. CASALANGUIDA: Sure. COMMISSIONER FIALA: -- but is there a way that we can better let the community know the importance of the decisions that are made at these meetings or -- not decisions so much as the suggestions that come out of these things and that their suggestions are terribly important to the final product? MR. CASALANGUIDA: Interestingly enough, I think -- you know, at the team meetings we have a lot of the NGOs that participate, Conservancy and Audubon, but we've had a lot of civic associations ask questions as well, too. So they are, I think, involved. COMMISSIONER FIALA: Good. MR. CASALANGUIDA: And I think our emails go out to them. COMMISSIONER FIALA: Oh, do you send it by email? MR. CASALANGUIDA: As well, too, and our website. One of the things -- comments we have is the website is top- notch. It's easily- review documents -- COMMISSIONER FIALA: Yeah, but the thing is, people have Page 41 October 11, 2011 to know to go to the website. That's the only problem. I mean, somebody living in, say, Riviera, and -- would they know that it would be important to their future to look at your website to find out when a meeting is? So that's why I'm saying, you know, if there's a way that we can reach more people, it would be a wonderful thing. MR. CASALANGUIDA: One other opportunity I think we have is the October HOA presidents' meeting. I think we'll take a few moments then as well, too, because they're the folks that manage these communities and let them know what's coming up. We'll pass something out to them. And I think that's -- that's, I don't want to say our last and best effort, but we've done a really good job at reaching out to the public. COMMISSIONER FIALA: Great. MR. CASALANGUIDA: By getting to the presidents' association group, I think we've kind of circled back. COMMISSIONER FIALA: And could you give me some fliers? I'm doing some things anyway, and maybe we can get it out to the public a little bit more. That would be wonderful. MR. CASALANGUIDA: Absolutely. COMMISSIONER FIALA: Thank you. MR. CASALANGUIDA: You're welcome. CHAIRMAN COYLE: Okay. We have one speaker. Do you want to -- COMMISSIONER COLETTA: Sure, I'll wait. CHAIRMAN COYLE: -- have your comment or what? COMMISSIONER COLETTA: I'm more than happy to. CHAIRMAN COYLE: Okay. Let's call the speaker. MR. MITCHELL: The speaker is Nicole Johnson. MS. JOHNSON: Good morning. For the record, Nicole Johnson, here on behalf of the Conservancy of Southwest Florida. And as I stated at the MPO meeting, the Conservancy absolutely supports reduction of VMT with the consequent decrease in Page 42 October 11, 2011 greenhouse gases. And we supported this from the beginning of the process. We do appreciate the county's willingness to further expand the public - involvement component of this after there was input from stakeholders back in February. We very much appreciate how open the meetings have been. We believe that this additional transparency is something that is very, very important, and it's one important measure of public involvement. The other, and what we really believe the true measure of public involvement, is the ability for the public to meaningfully shape the policy decisions and affect the outcome of the process. And we won't know exactly how the public's involvement has shaped the Master Mobility Plan until it comes out on October 19th, but we are certainly hopeful that input that has been given will be tied into that document. One thing that I wanted to bring up and it ties into public involvement is the fact that we're on a rather tight timeline. October 19th is when we hope that the plan will be released to the public. It goes to the Planning Commission in early November, and it comes to you in, now I've heard Nick say, December or January time frame. But we want to make sure that if the public has some in -depth comments about this, that staff is able to take the time to, perhaps, incorporate those comments into the Master Mobility Plan, even if that extends that final deadline for your approval out a little bit. We don't want a plan that you're able to make comments but those comments really can't be incorporated. So it's too important; we have to get this right. And, finally, I wanted to follow up on a theme of my comments from the MPO meeting. At that time I'd expressed that the Conservancy was much more comfortable with the MMP process based on the email that Nick had shared with me and that I shared with you really laying out what this process is and isn't, what it does Page 43 October 11, 2011 do, and what it doesn't do. And I would suggest that some form of that email, some form of those parameters, be included in the introduction of the Master Mobility Plan. We may all agree that those fundamentals are there at this point, but this document is going to be a very long -term document, so we want to make sure that everyone in the future understands what this plan does and doesn't do. So with that, I thank you for your time, and we look forward to reviewing the Master Mobility Plan when it comes out. Thank you. CHAIRMAN COYLE: Thank you. COMMISSIONER FIALA: Could you tell the audience who is listening what a VMT is? MS. JOHNSON: VMT, vehicle miles traveled. I apologize. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Nick? MR. CASALANGUIDA: Yes, sir. COMMISSIONER COLETTA: I think you're doing a wonderful job. Question: Is the discussion of alternative transportation entering into this study? MR. CASALANGUIDA: Absolutely, sir. COMMISSIONER COLETTA: Yeah. So you're looking at possible bus routes, you're also looking at new bridges? MR. CASALANGUIDA: Yes, sir. COMMISSIONER COLETTA: Bicycle paths? MR. CASALANGUIDA: All of that, sir; yes, that's correct. COMMISSIONER COLETTA: Thank you. I appreciate all that being given consideration. MR. CASALANGUIDA: You're welcome. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: This is funded by federal grants MR. CASALANGUIDA: Yes, sir. October 11, 2011 COMMISSIONER HENNING: --strictly? MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: And there is no developer participation? MR. CASALANGUIDA: No. Free time, their time, sir. No funds from developers, that's correct. COMMISSIONER HENNING: No funds, but free time? MR. CASALANGUIDA: Just, they participate like the Conservancy would. They show up at some of the meetings and participate as members of the public. But they don't provide any finances. COMMISSIONER HENNING: Is this going to -- the purpose of the grant is to reduce greenhouse gases. MR. CASALANGUIDA: Ultimately, yes, sir. COMMISSIONER HENNING: Are we going to have more in there -- MR. CASALANGUIDA: About? COMMISSIONER HENNING: -- than the goal to reduce greenhouse gases? MR. CASALANGUIDA: We will. Certainly, as part of that grant, we have to document what we think in terms of daily and annual tons of carbon that we'll produce. So there will be a report that has to be generated, and it talks about that. And it's all -- we focus more on vehicle miles traveled because we use that as an equivalency for tons of carbon, so that's our goal is to reduce VMT, and then we convert that to a carbon reduction. COMMISSIONER HENNING: I made a suggestion to the county manager yesterday about how to reduce greenhouse gases by extending Valewood Drive. I hope that we could find the funds to do that. And that dangerous intersection -- MR. CASALANGUIDA: Sure. COMMISSIONER HENNING: -- on Immokalee Road and Page 45 October 11, 2011 Valewood. There was a reported accident to me just the other day. MR. CASALANGUIDA: We're anxious to get that as well as several other projects done. COMMISSIONER HENNING: Good. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yes. Thank you, Nick, for what you're doing with respect to this study. I'd like to address a couple of the comments that Nicole made. The first is with respect to getting input from the community that will be incorporated into the final product. And I would like to make a suggestion, and hopefully this would be acceptable. Instead of relying on oral comments at the end when you go to that public - comment period, what would really be nice is if you had a section in the study that incorporates the written comments and do what -- for example, I've seen this done when we had to put together the housing plan where we had a period where it was open to the public and the public could, you know, submit comments, and then those comments were actually incorporated at the end of that analysis and, you know, we could actually read what the public has to say, because the danger with merely oral communications is that, you know, especially where these meetings are not necessarily being videoed and where there's no one taking minutes, that somehow what one person says may be heard in a completely different way and the translation might have a different effect on the plan than was intended by the person who is making the suggestion. So that's one comment. If that could be done, I think that would be great. I personally would like to read the written comments submitted by the constituents with respect to your suggestions. MR. CASALANGUIDA: Sure. COMMISSIONER HILLER: The other thing is, as so many of our plans -- my concern is whether the recommendations being made October 11, 2011 are cost feasible. Are they realistic? And I understand that the goal is long term. But I think there should be some tie -in. And I have to say I attended the MPO workshop last Friday, which was absolutely fantastic. And one of -- and Commissioner Fiala was there with me. And one of the things that, you know, came out was how, right now, because of the fiscal crisis that we're in, you know, both at the national, state, and local level, that it is very important that any planning we do consider the finances and be cost feasible. So I don't know if you're contemplating that and, you know, if you could incorporate it if you are thinking of it, or if you're not thinking of it, think of it. And then the last thing I would like to say is, I have heard -- there's a rumble in the community which I would like to see go away, and that rumble is the concern that the Master Mobility Plan references the I -75 /Everglades interchange. And the consensus that I'm hearing in the community is that the appropriate wording -- because it is not supposed to be a plan that endorses any specific project or promotes any specific project, would be wording to the effect, "interchange as needed for the area," as opposed to the Everglades /I -75 interchange because, you know, there does seem to be an ongoing debate as to what the appropriate location for that interchange will be, you know, and -- or if we need an interchange at all. And so I would hate to do what goes contrary to what the grant requires, which is, you know, no specificity. MR. CASALANGUIDA: To address your three comments, Nicole, I believe, mentioned "perhaps." It would be definitely. We plan to annotate the plan with notes on the side where we say, public comment either acknowledged and modified or acknowledged and not change the plan. So you'll be able to see those. We plan to put that as part of our plan. We've talked about that. COMMISSIONER HILLER: You will allow, like I said, the Page 47 October 11, 2011 opportunity for them, or whoever it is, to -- you know, constituents or interest groups, to write in? Because I would like to see the responses in writing. MR. CASALANGUIDA: Sure. We'll actually -- COMMISSIONER HILLER: That would be great. MR. CASALANGUIDA: -- put them in an appendix. We've talked about that. COMMISSIONER HILLER: That would be wonderful. Thank you. MR. CASALANGUIDA: And also key areas within the plan. If you've ever seen a document where the comments can be pulled to the side, we'll give you a clean version and a noted version -- COMMISSIONER HILLER: Oh, wonderful. MR. CASALANGUIDA: -- so we can say, you know, what's been done. COMMISSIONER HILLER: Super. MR. CASALANGUIDA: So that's covered. Cost feasible, we've talked about that. There's no sense in making recommendations to this board or anybody else if you can't afford to do it. So we will definitely comment about our recommendations and them being affordable. Last comment about I -75 /Everglades. As I noted to Nicole and the other groups, it's on your adopted 2035 LRTP. It's this board's number one priority going forward. But this plan is not about that proj ect. So we mentioned it to the Planning Commission. We're going to reference regional interconnectivity as a priority. We'll shade an area and say, you need something at this location. I -75 /Everglades application is proceeding on its own, on a sidenote. And as Commissioner Coyle pointed out, you would not want to say, this plan shows you need regional connectivity and we don't want to consider that. But I'm not going to get into the debate of one 0 M 6 October 11, 2011 project on this plan. And I've taken that note and I've put that on the public record, and I'm happy to -- COMMISSIONER HILLER: So the wording will be "interchanges needed for the area" and shading the area where there are possible locations? MR. CASALANGUIDA: What we've said even to -- Commissioner Coletta and I have discussed is that we're applying it at one location because you have to. And if in the future something comes up in the next five to ten years with another opportunity for a different connection, we will most certainly consider that. We'd be happy to. So we will come up with some language that both the Planning Commission's comments and your comments coming forward that kind of take this into consideration. CHAIRMAN COYLE: And I would hope that you would never, ever come to us with a proposal that was not economically feasible. Have you ever done that before? MR. CASALANGUIDA: Never, sir. CHAIRMAN COYLE: I didn't think so. COMMISSIONER HILLER: Bite your tongue. Bite your tongue. CHAIRMAN COYLE: Okay. Is there a motion to accept this report? COMMISSIONER HILLER: Maybe cross your fingers behind your back. COMMISSIONER COLETTA: Motion to accept. COMMISSIONER FIALA: Motion to accept the report. CHAIRMAN COYLE: Okay. We've accepted the report. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. olm October 11, 2011 COMMISSIONER COLETTA: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: It was motioned by Commissioner Fiala and seconded by Commissioner Coletta to accept the report, so -- MR. CASALANGUIDA: Thank you. CHAIRMAN COYLE: Thank you very much. Item #I OB RESOLUTION 2011 -190: SUPPLEMENTING AND AMENDING RESOLUTION NO. 2008 -353 AUTHORIZING THE CONDEMNATION OF LAND AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION OF COLLIER BOULEVARD FROM FOUR LANES TO SIX LANES FROM GREEN BOULEVARD TO GOLDEN GATE BOULEVARD, INCLUDING PORTIONS EAST ON WHITE BOULEVARD AND WEST ON PINE RIDGE ROAD. (PROJECT NO. 68056) — ADOPTED MR. OCHS: Commissioners, IOB is a recommendation to adopt a resolution supplementing and amending Resolution No. 2008 -353 authorizing the condemnation of land and easements necessary for the construction of roadway, drainage, and utility improvements required for the expansion of Collier Boulevard from four lanes to six lanes from Green Boulevard to Golden Gate Boulevard, including portions east on White Boulevard and west on Pine Ridge Road. Estimated fiscal impact, $4.3 million. Mr. Jay Ahmad, your Transportation Engineering Director, will present. MR. AHMAD: Mr. Chairman, good morning. Commissioners, Jay Ahmad, for the record. I'm your Director of Transportation Page 50 October 11, 2011 Engineering. This item is -- if I can get this. This item is to adopt a resolution supplementing and amending a resolution that you passed in 2008 for the Collier project. I must put some stuff on the record for -- because it is a condemnation resolution that the board must consider. The project for Collier Boulevard project is -- starts at the intersection of Green, including the intersection of Green, and extends north to Golden Gate Boulevard project. As this commission is aware, that the project to the north from Golden Gate Boulevard to Immokalee has been constructed and built, as well as the project from Davis south to U.S. 41 also been built. So this project is essentially extending the entire Collier project and marching down from Golden Gate to Green. Another project will come to you in the future pending funding from Green south, to the current project also that's under construction and the board approved just recently, to the Golden Gate Main Canal. As you're also aware, currently we have our construction projects under I -75 from Davis Boulevard north to the canal. A brief history on this particular project. Initial authorization for condemnation was approved by this board on December 2, 2008. We went and filed lawsuits on some of these parcels. And an order of taking was entered by the courts -- it's not by the county, by the courts -- in October 2009 and -- for 39 parcels. So another 53 parcels were acquired by negotiations. We approached owners, and we agreed -- they agreed to sell us, and we agreed on a price. This item will essentially take the remainder of the 21 parcels that remains on this project, and -- for a condemnation from ten owners. The majority of these parcels are in the intersection area of Pine Ridge and Collier Boulevard. The reason we -- we're coming back Page 51 October 11, 2011 amending the prior resolution, we've made some changes to our plans. And on this display, on the monitor there, are the changes that we made. Initially we had the driveway to this shopping center at the northwest corner of Pine Ridge and Collier with only a right -in -- right-in at just north of the intersection due to the proximity of this driveway, and we also had a right -out at this intersection. And as we progressed into design, we found a better way. Frankly, we have a better access to this shopping center, and we also could save significant funds in business damages and severance that would have resulted because we restricted the access to the shopping center. And we've been in negotiations with this owner, and we think we can come to a conclusion on -- on acquisition of this parcel, which is needed for the project. Before this board can act on a condemnation resolution, per state statutes you must consider five factors that are on your display there, that -- you must be satisfied that the -- we have considered alternative routes. This Collier Boulevard, essentially, it's an existing corridor, and alternative routes are limited. We have considered moving the roadway and building it on the canal side and, of course, the cost of relocation of the canal was an issue; therefore, the plans as they stand today, mostly widening the roadway in the median and some takes on the west side and little on the east side. But alternative routes were considered. You must consider also safety. This project was designed with the manual on uniform traffic control devices standards, the AASHTO standards, and all your land development design standards in mind, and per FDOT standards. So we have looked at intersection safety. We're widening intersections to accommodate the queues, and we're improving signalization to improve safety. Page 52 October 11, 2011 Long -range transportation planning. We -- this project's been long on the long -range transportation plan. It's on the MPO 2030 plans. And, as a matter of fact, you have built most of this corridor, as I indicated before, to the south and to the north with the current construction project. You must also consider environmental impacts. We are in the progress of -- the process of obtaining our permits from all the permitting agencies, and we've considered all environmental issues. Particularly we're not impacting the canal. We will get our -- we have received RAIs, Requests for Additional Information, on the permitting of these projects. Cost. As -- the cost you must consider, and we have considered cost. I mentioned a couple. Not the relocating the canal -- also coming up before you again here, because of impacts to right -of -way, we have considered changes to the design plans, and cost was a major factor in designing this project. And we have designed it with cost in mind. I hope that you find that you have considered all these factors and approve this condemnation resolution. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Yeah. I like the fact that you're looking at an alternative for that gas station on the corner on the VFW property. I would hope that you would work with them, because I know the VFW, and the community supports the VFW, for another access, in that -- in that turn lane. Is that going to be a right -in or -- yeah, right -in, right -out assess? MR. AHMAD: Yes, sir. The median restricts access. It will be a right -in, right -out at -- COMMISSIONER HENNING: In the turn lane? MR. AHMAD: Right. COMMISSIONER HENNING: As you come in, you're proposing on the VFW site, that is a right -in. MR. AHMAD: Correct. Page 53 October 11, 2011 COMMISSIONER HENNING: Is there a right -out at the same roadway? MR. AHMAD: Yes, sir. COMMISSIONER HENNING: Okay. That would be a perfect opportunity to work with the VFW for that alternative access. As far as the safety, I haven't looked at the plan. I hope that we don't create another situation of a U -turn like we have on Immokalee and Valewood, which is very dangerous, and we're having accidents there on a daily basis. That is my concern with this project, since I haven't seen the updated -- are we creating, you know, potential U -turn conflicts with side roads? MR. AHMAD: Not to my knowledge, sir. I'll be happy to share the plans with you. We've had numerous public meetings, and I will send you the plan via PDF if you wish to receive them. COMMISSIONER HENNING: The updated plans? MR. AHMAD: Yes, sir. COMMISSIONER HENNING: Any additional U -turns? MR. AHMAD: We have access management that we've -- per your access - management standards that we've applied to this project, as well as all projects that we do, and I'm not aware of a condition that you mentioned that creates a safety issue. COMMISSIONER HENNING: There is one on Valewood and Immokalee Road. MR. AHMAD: And we are looking at that, sir, and I will look more to see if there's anything we can do to -- COMMISSIONER HENNING: Good. I hope you fix it. MR. AHMAD: Yes, sir. COMMISSIONER HENNING: I'm going to make a motion to approve based upon my comments here. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: And I'll second that motion. Good comments. Page 54 October 11, 2011 CHAIRMAN COYLE: Could you go back to the diagram of the accesses. I want to make sure there's clear understanding of which areas you have here. You actually have designed a right -in, right -out from both Collier Boulevard and Pine Ridge Road, so -- MR. AHMAD: That's correct. CHAIRMAN COYLE: Okay. So there's -- you can get in right -in, right -out from both roads. MR. AHMAD: Correct. CHAIRMAN COYLE: Right? MR. AHMAD: Yes, sir. CHAIRMAN COYLE: Okay, good. COMMISSIONER HENNING: Commissioner Coyle, you see VFW behind? CHAIRMAN COYLE: Yeah. COMMISSIONER HENNING: That's -- that would be definitely a -- CHAIRMAN COYLE: There should be no reason you just can't link that. COMMISSIONER HENNING: Yeah. MR. AHMAD: We should be able to access this through here, sir, and that's why I said we should be -- we should have this access addressed as part of our design plans. CHAIRMAN COYLE: Yeah, okay. COMMISSIONER HENNING: Great. CHAIRMAN COYLE: All right. Commissioner Hiller was next, I believe. COMMISSIONER HILLER: Yeah. You know, when I went through the backup material, I saw nothing really supporting the 4.3 million. And so I really don't know how I'm supposed to vote on something when, you know, I really -- I had to ask all these questions to get information to even know that that's a reasonable number, that that represents fair - market value, that, you know -- and, you know, Page 55 October 11, 2011 what triggered my question was, you know, we spent 3.64 million for 52 parcels and then 39 additional parcels, and this 4.3 million is for 21 parcels, and, obviously, location and size and conditions all make a difference. But, I mean, what am I approving? What the 4.3 million? MR. AHMAD: Commissioner, that's a good question. COMMISSIONER HILLER: I don't understand how the rest of the board can be approving it, because there's nothing in there. I don't know what they reviewed. MR. AHMAD: Your question, what you're approving is a condemnation -- authorization to adopt a condemnation resolution. Part of each parcel, there is a -- an appraisal. And I think I've sent you those yesterday if -- you asked for them, so we provided those appraisals. In those appraisals, the cost for the land is in there. Cost for severance is in those appraisals that we prepared by a consultant, by an appraisal (sic) licensed in Florida, and the cost for any damages, severance damages, are in there. I also sent you -- COMMISSIONER HILLER: You did, but no one else saw that. MR. AHMAD: Remember, Commissioner, once the condemnation is adopted, we start preparing lawsuits. And part of each parcel you see coming back before you, on -- for example, on whether we mediate it or whether we agreed on a price, you see it come back again and again to approve the acquisition of those parcels, and you will see exactly how much we pay for each parcel. COMMISSIONER HILLER: I appreciate that. MR. AHMAD: Yeah. Those are all estimates at this stage. COMMISSIONER HILLER: And my concern is, you know, when we have an estimated fiscal impact of 4.3 million with respect to a resolution, I need to understand what makes that up. And I think -- I mean, maybe the rest of the board doesn't, but I do. So in the future if October 11, 2011 -- you know, when you bring something back, if you could provide that in the backup, I would appreciate it. MR. AHMAD: I'll be happy to do that. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay, Commissioner Coletta. COMMISSIONER COLETTA: Yeah. That last remark was uncalled for. I do care, and I'm sure every other commissioner does care about where this money's going. You don't stand alone in these concerns. I ask the questions up front when I meet with the transportation directors to be able to come up with the cost that's there. So I walk into this meeting fully prepared and understanding what I'm voting on, and I don't want anyone out there to think that I have no consideration of the money that's being spent; however, that's not what I wanted to talk to you about, but I had to respond to that. Can you affirm to me what I understand to be true, that this will have no impact on the residents as far as the taking of homes or impacting residents in that area in such a way that their property becomes unusable? MR. AHMAD: None of the homes are full takes, sir. They're all partial takes. In the backup of your executive summary, it shows these parcels that are taken. They're strips of land along the west side of Collier. COMMISSIONER COLETTA: And I seen all that, but I just wanted to reassure the public out there. Because one of the things this commission has always been very considerate of is the impact that's going to be to the existing residents whenever we have to put in a new road. MR. AHMAD: Yes, sir. Yeah, the impact is taken very seriously. And condemnation is the last resort. Even though this board will approve or may approve this item, we continue negotiating with those owners on one basis, and we hope to come to an agreement Page 57 October 11, 2011 on a resolution of those before we actually go and have filed lawsuits or condemning through that process. COMMISSIONER COLETTA: Thank you for being a caring group of people. MR. AHMAD: Thank you. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I just wanted to also, although it might -- you know, no. Let me say it's great meeting with both of you beforehand and with all of your staff to answer all of my questions, and that's why I didn't have any today, because you've already answered them. Thank you. MR. AHMAD: You're welcome. CHAIRMAN COYLE: And I'd just like to clarify the motion, and the motion is a recommendation to adopt a resolution supplementing and amending a resolution authorizing a condemnation of land and easements necessary for the construction of this roadway. It is not, it is not an authorization to spend $4.3 million. COMMISSIONER HILLER: Well, that's understood. MR. AHMAD: That's understood, sir. CHAIRMAN COYLE: Okay. Well, I want to make sure that the public understands that in view of the past comments that have been made. When you come back with a detailed project and you understand the cost of this condemnation, you have to come back to us to get approval for that. And at that point in time we will assess whether or not we think that is a wise economic decision. And so this is -- has nothing to do with approving $4.3 million of expenditures. It is merely a budgeted figure. You're trying to provide us some general parameters of what this might cost, but it could be higher and it could be lower, and we'll find out as we go forward, and we'll be able to deal with each of those issues before you spend any money. .��_ 611 October 11, 2011 MR. AHMAD: You're absolutely correct. CHAIRMAN COYLE: Right? Okay. MR. AHMAD: The next step is -- in this process is the filing of lawsuits. And before we can file a lawsuit, we must update our appraisals. And an updated appraisal gets developed and an actual cost gets deposited in the court registry before a court can issue an order of taking. Then the process of negotiation with the owners begins, whether they accept what we deposited as the appraised value or we could meet in negotiations or we could end up in court. CHAIRMAN COYLE: Yeah, okay. We have a motion by Commissioner Henning. I'll let you go as soon as we restate the motion. Motion for approval Commissioner Henning and a second by Commissioner Fiala. Okay, Commissioner Henning, go ahead. COMMISSIONER HENNING: The motion was to approve the resolution as legally outlined. CHAIRMAN COYLE: Yeah. COMMISSIONER HENNING: I had similar concerns when I met with Mr. Feder about where are these funds going to. And CHM -- 2MHill has a detailed report on each of the parcels. So, Commissioner Hiller, I appreciate your concerns about the funds for this -- COMMISSIONER HILLER: I want to be -- COMMISSIONER HENNING: -- dedicating funds for this, but those parcels are in the backup, so -- anyways. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: And my request was for the appraiser's appraisals. CHAIRMAN COYLE: Okay. All in favor, please signify by saying aye. Page 59 October 11, 2011 COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. Thank you. MR. AHMAD: Thank you very much. MR. OCHS: Commissioner, are you -- time for a break, sir -- COMMISSIONER FIALA: We're ready. MR. OCHS: -- for your court reporter? CHAIRMAN COYLE: I was enjoying it so much, I'd forgotten about taking a break. I don't know why we'd want to stop this. COMMISSIONER FIALA: See ya. CHAIRMAN COYLE: We're going to take a ten - minute break. We'll be back here at 10:50. MR. OCHS: Thank you. (A brief recess was had.) CHAIRMAN COYLE: Ladies and gentlemen -- ladies and gentlemen, Board of County Commission meeting is back in order, back in session. It's not in order. Okay. We're going to go to IOC. Item #I OC THE RENEWAL OF THE GROUP DENTAL INSURANCE PROGRAM THROUGH CIGNA DENTAL PLAN, INC. WITH NO INCREASE IN THE RATES OR CHANGE IN TERMS FOR A ONE YEAR PERIOD EFFECTIVE JANUARY 1, 2012 IN THE AMOUNT OF $1,730,521 — APPROVED 01m, October 11, 2011 MR. OCHS: 10C. Commissioners, it's a recommendation to approve the renewal of the Group Dental Insurance Program through Cigna Dental Plan, Incorporated, with no increase in the rates or change in terms for a one -year period effective January 1, 2012, in the amount of $1,730,521. Mr. Walker is here to present or answer questions. CHAIRMAN COYLE: Okay. Are there any questions? COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. No questions, all in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MR. WALKER: Thank you. MR. OCHS: Nice job, Jeff. CHAIRMAN COYLE: Good presentation. Item #I OD APPROVAL OF HOLE MONTES, INC., AS THE DESIGN PROFESSIONAL SHORT -LIST FOR RFP #11-5724 AND ENTERING INTO NEGOTIATIONS BETWEEN COLLIER COUNTY AND HOLE MONTES INC., FOR "CONSTRUCTION Page 61 October 11, 2011 ENGINEER, LANDSCAPE INSPECTION AND SITE RESTORATION SERVICES FOR VANDERBILT BEACH MSTU: FPL UNDERGROUND CONVERSION PROJECT - PHASE 1, 2, 3" PURSUANT TO RFP #11 -5724 — APPROVED MR. OCHS: IOD. Commissioners, this is a recom- -- excuse me. A reconsideration of Item 16A17 approved by the board at the September 13, 2011, BCC meeting. It's a recommendation for board approval of Hole Montes, Incorporated, as the design professional short list for RFP #11-5724 and to enter into negotiations between the county staff and Hole Montes for construction engineer, landscape inspection, and site - restoration services for the Vanderbilt Beach MSTU FP &L underground conversion project. Michelle Arnold will present. CHAIRMAN COYLE: And we have how many public speakers, Ian? MR. MITCHELL: Sir, we have two public speakers. CHAIRMAN COYLE: Okay. Thank you. Go ahead, Michelle. MS. ARNOLD: For the record, Michelle Arnold, alternative Transportation Modes Director. As the county manager indicated, this item was approved by the board on September 13th, and it's being reconsidered at the request of Commissioner Hiller. The project does not involve any asbestos removal. I understand that's the concern that Commissioner Hiller has. And the water department -- Paul Mattausch, the Director for the Water Department, is here to discuss any questions that the commissioner has. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Would you like to come to the podium? MR. MATTAUSCH: Sure. COMMISSIONER HILLER: Thank you. There was in the executive summary for this item an explanation that we were hiring Page 62 October 11, 2011 professionals because these pipes were -- these water pipes had asbestos in them. And so, you know, my concern is obviously, you know, if we've got water pipes that have asbestos, is this an isolated situation? You know, is there more of this through the county? What does that mean from the standpoint of, you know, the public's health and welfare? I was just very concerned about that and would like you to expound on it. MR. MATTAUSCH: Absolutely, Commissioner. Thank you. I appreciate the questions and the concerns for public health. For the record, Paul Mattausch, Director of the Water Department. I do have a brief presentation prepared, if I may just briefly go through this. COMMISSIONER HILLER: I would love if you would, thank you. MR. MATTAUSCH: Okay. I believe that this answers most of the questions. I'd like to provide some basic information related to asbestos cement pipe. I'd like to provide some information related to regulations and compliance with regulations and our most current analytical results for asbestos and water. Asbestos cement pipe, commonly referred to as AC pipe, is really a mixture of Portland cement and short -fiber asbestos. It was used extensively in the '40s, from the '40s to the '70s, first introduced in the 1920s in the United States, and actually used into the early 1980s. It has a life expectancy of about 60 years typically in the ground. It is widely distributed throughout the water - distribution system. And as you can see we've got about 92 miles of pipe, almost 93, and that equates to about 10 percent of our water - distribution system. Florida Administrative Code requires us to have a plan to monitor for asbestos in water, and we did put together that plan. FDEP approved that plan that we submitted to them. The sampling -- the last sampling was taken June 14, 2011, and it was taken at 674 107th Avenue North, and that was one of the Page 63 October 11, 2011 sampling sites that was approved in our sampling plan by the Florida Department of Environmental Protection. The results were undetectable. By the way, we've -- since we're -- we were required to start monitoring for asbestos in 1992 when that was added as a regulated contaminant, potential contaminant in water, we have never had a detection in our system. And I just want to point out that the maximum contaminant level, the allowable amount of asbestos fiber, is -- and these are short fibers in water -- is 7 million fibers per liter, and a liter is about a quart of water. So the allowable level is 7 million. We've never had a detection, and so the samples have consistently been in compliance. By pipe size, this is -- this is what we have in the system; 6 -inch and 8 -inch actually account for almost 90 percent of the asbestos cement pipe that is in the system. That is the most common size that was used in residential areas to provide sufficient flow of water, so that's why you see the high percentage. Almost -- almost 90 percent, as I said, of our system that has asbestos cement pipe, that pipe is 6 and 8 in size. We -- based on some recent projects, we have replaced, in a couple of our recent projects, some asbestos cement pipe. And I want to point out that this is in -situ containment; in other words, we don't remove the asbestos - related pipe from the ground. We leave it abandoned in place, which is a -- an acceptable means, the Florida Department of Environmental Protection. The cost is almost $400,000 per mile. As I mentioned, we have about 93 miles of pipe in the system. So total replacement cost would be somewhere around $37 million based on our current prices that we've gotten. In Fiscal Year 2011, we removed from the ground seven one - hundredths of a mile of AC pipe, and we've left in situ, or in the October 11, 2011 ground, almost eight- tenths of a mile of pipe. And by districts -- and I want to point out that this is not an all - inclusive list, certainly not, but what we tried to do was -- you know, we have an inventory that's in GIS, and that's why I can tell you to the foot how much of asbestos pipe we have in the ground that's in use. These are the places in the system where we find the highest concentrations of AC pipe. But, again, remember, it is found -- there's ten miles of pipe, and it's found throughout the system. I'm sorry -- 10 percent of the system. So these are -- these are the locations. As you can see, we have asbestos cement pipe in all four -- in four of the districts. And, Commissioner Coletta, I didn't intend to leave you off the list, but you don't have any asbestos cement pipe in your district. COMMISSIONER COLETTA: We avoid those kind of -- MR. MATTAUSCH: Pardon? CHAIRMAN COYLE: It's already been solved. COMMISSIONER COLETTA: We already solved that problem. We don't need any sewer pipes either. CHAIRMAN COYLE: It didn't cost the public a penny. COMMISSIONER HILLER: They just don't need water. MR. MATTAUSCH: And that, Commissioners -- and if you have any additional questions, I'd be glad to -- COMMISSIONER HILLER: So with respect to the removal of these pipes, they're actually not going to be removed. They're going to be left in place, and -- so why -- can you explain why we need to have an expert to remove it that increases the cost? MR. MATTAUSCH: Site conditions vary, Commissioner, and when you're doing a rehabilitation or partial replacement or -- and in this case, Phase I only involves some relocation of existing utilities to get out of the way of Florida Power and Light in their underground electrical supply in the area. In case -- as in the case of Isles of Capri, when we got to certain Page 65 October 11, 2011 locations, we had to remove some -- and I know, Commissioner Fiala, you were involved in some of the community meetings that we held down there. We did have to remove some asbestos cement pipe in portions of the system where we didn't expect to simply because of conflicts that we found in the ground when we were doing the excavation. COMMISSIONER HILLER: So that's why we're actually removing it in this case as opposed to leaving it in the ground as we're doing it in other locations? MR. MATTAUSCH: That's correct, if it becomes necessary to remove the pipe from the ground. I might also mention that in Phase III of this same project that you're approving we will be removing a considerable amount of AC pipe. So that will be necessary. COMMISSIONER HILLER: And the residents there don't -- should not have any reason for concern with the pipes that will remain that have asbestos and that they shouldn't have any concern with the removal of the pipes that have asbestos as it relates to their water quality. MR. MATTAUSCH: That is absolutely correct. The asbestos that we find in the AC pipe is not a drinking- water - quality hazard. It is only an air - quality hazard when the pipe is actually taken out of the ground, and that is very closely monitored, and that's why the CEI in this particular project -- because it requires substantial air - quality monitoring. It requires that the pipe be kept wet so that the asbestos fibers don't become friable or go into the air. And we did this down on Isle of Capri and, you know, it was very successful. COMMISSIONER HILLER: It was successful. I'm very delighted to hear that. I think it will give a lot of people peace of mind. One last more general question unrelated to this item, but the other concern I had was, you know, with respect to how much of this I'._- •i October 11, 2011 type of pipe we had throughout the county and what the potential cost to the county was going to be to deal with it, and the number you came up with was approximately 37 million. Yeah, that's the number right there. And that is basically to deal with the -- is that the cost to bring in new pipe, or is that the cost -- what -- can you explain to me exactly what that number is, and then secondly, can you tell me how we have budgeted for this prospectively? MR. MATTAUSCH: That would be taking all of the existing AC pipe that's currently in service out of service and replacing it with pipe of other material. COMMISSIONER HILLER: So that includes the actual replacement? MR. MATTAUSCH: That is correct. COMMISSIONER HILLER: Okay. MR. MATTAUSCH: But in situ, you know, in place, abandonment of that pipe. COMMISSIONER HILLER: And we've already budgeted for all of this; we've contemplated this cost? MR. MATTAUSCH: In our distribution, in our annual distribution rehab projects, rehabilitation projects that you see and approve in our master plan and in our annual budget process, what we do is we have to take a look at the incident rate of failure of pipes, and that's what we did exactly in Isle of Capri. We saw that there was a high incidence of failure with that AC pipe, so we decided that we needed to completely replace all of that pipe. So what we do is we assess on a regular basis where we see failures. That is then put into a program, a rehabilitation program where we program the replacement of that pipe. COMMISSIONER HILLER: So you have that factored into your -- George, you've got that factored into your long -term repair and maintenance budget program? I mean, it's a big number, and I just want to make sure that, you know, it's not one of those numbers that Page 67 October 11, 2011 we don't know anything about that's going to show up down the road. MR. YILMAZ: For the record, George Yilmaz, Public Utilities Interim Administrator. Ma'am, direct answer to your question is that $37 million is not appropriated for our budget for the purpose of next fiscal year. COMMISSIONER HILLER: Right. MR. YILMAZ: But it will be programmed for the next 10 to 20 years depending upon the risk management, Level 1 through 3, as we do our master plan this fiscal year. So the answer to your question for next year, we do have monies appropriated for, as Paul indicated, what is worse (sic) to go after. But then we have a program for next 5, 10, 20 years. Through our new master planning process that we're going to go through, we will, indeed, address the 10.3 percent asbestos - containing pipe throughout our system. COMMISSIONER HILLER: So when we had spoken about that in the past -- so this is now going to be contemplated and has not been contemplated up till now? I mean, I'm just adding up numbers in my head. I'm thinking, you know, road repairs and maintenance. I already know 20 million, you know, is going to have to be budgeted for, you know, maintenance that we haven't contemplated. Now I'm looking at 36 million. And we should defer this discussion to another time, but I'm glad you brought this up, and I'd like to keep this in mind for when this comes down the pike. Because I'm starting to see big numbers that are in a sense, in my mind, unfunded long -term liabilities that we have to contemplate above and beyond our operations as we know it. MR. YILMAZ: Yes, ma'am, if I might. Very briefly, water /wastewater system has been getting older, and we've got clay pipes in our sewer. We've got iron ductile pipes in our sewer system, and we have AC pipes, and similarly older pipes, not AC pipes, in our distribution system. October 11, 2011 So during this master planning process, we will look at Level Risk 1 through 3 and prioritize based on the risk and compliance management, and we'll come up with best -value distribution of funds pretty much laid out for next 5 years, 10 years, and 20 years with that new master planning process that we're going to go through. COMMISSIONER HILLER: Great. MR. YILMAZ: But you're right, we have not looked into our linear assets as much in detail in terms of what we've got, what the risk is, for 20 -year horizon, but we have looked -- we did look into next five -year horizon more careful than we did 20 -year. We will just do that. COMMISSIONER HILLER: Thank you. And I appreciate you answering both my immediate concerns as well as the long -term concern. MR. YILMAZ: And, also, Commissioner, one of the questions you did raise during our field trip, I want to make sure that that's answered as well, benchmarking -- COMMISSIONER HILLER: Yeah. MR. YILMAZ: -- where we compare to other utilities in terms of -- so that we can put it in perspective. You will see that on the visualizer so that our executive board members for water /sewer district has a perspective. As you can see, this is a summary chart for AC- containing pipe, that the City of Naples Utilities do have 70 percent of their system AC- containing pipe. COMMISSIONER HILLER: Wow. MR. YILMAZ: And then you're looking at Golden Gate, which is a private utility, 45 percent. You're looking at City of Marco Island Utilities, 38 percent; and Immokalee Water /Sewer District, 20 percent; and Lee County, they did have some GIS -based asset management, and through that process, last five years they are going after pipe- replacement program, so they reduced it down to 18 percent. As you can see, we are at 10.3 or 10 percent, and we will have a October 11, 2011 program next 5, 10, 20 years, best -value approach to make that down to zero along with other pipes based on the risk. COMMISSIONER HILLER: Fantastic. Thank you so much. MR. YILMAZ: Yes, ma'am, thank you. CHAIRMAN COYLE: And don't forget that a lot of that Naples pipe supplies county residents. Is that not true? COMMISSIONER FIALA: Oh, yes. MR.00HS: Yes. MR. YILMAZ: Yes. CHAIRMAN COYLE: So that is a consideration for all of us. COMMISSIONER HILLER: How does the -- can you explain that, Commissioner Coyle? CHAIRMAN COYLE: Yes. The City of Naples provides water service to a large portion of East Naples outside the city limits. And so where they have asbestos concrete pipe, it should be -- or it is of concern to all of us, at least me, because most of that water service is in my district but it's outside the City of Naples. COMMISSIONER HILLER: Oh. CHAIRMAN COYLE: So -- as a matter of fact, this building was -- one time we did work out a swap, didn't we? This building was COMMISSIONER FIALA: We still are. CHAIRMAN COYLE: It's water. Okay. So we're still on city water right here in this building, so -- MR. OCHS: County sewer, city water. MR. YILMAZ: County sewer, county manager's right. CHAIRMAN COYLE: That's right, that's right. And so that's very important. We need to concentrate on what actually exists no matter who is responsible for it, whether it's the City of Naples or Collier County, because it affects us and our residents throughout this portion of the county. Okay. Commissioner Henning? Page 70 October 11, 2011 COMMISSIONER HENNING: The 37 million, is that just addressing AC pipe? MR. YILMAZ: Yes, sir. COMMISSIONER HENNING: That's just AC pipe? MR. YILMAZ: Yes. COMMISSIONER HENNING: I thought during your presentation underground overall. MR. YILMAZ: No, sir. Just AC pipe with qualification that it's in -situ containment. If it is off -site removal and proper disposal, cost will be higher; however, through master planning process, we'll go through that risk assessment, compliance assessment. We'll give the options, and our water /sewer district board members, being the Board of County Commissioners, will go through that process, will go through that approval. There might be areas, in -situ containment, and parallel piping might be appropriate in some areas. Depending on the pipe conditions and the neighborhood conditions and surrounding conditions, it might be more appropriate to remove. Now, from a professional engineering standpoint, preferred method for AC pipe replacement is taken out, and remediate the risk indefinitely for the future. But we have to be sensitive to cost due to the fact that we're cost contained, we know where they are, and we will manage it accordingly without sacrificing public health and potential risk. COMMISSIONER HENNING: Just an observation, Commissioner Coyle. Seven years ago it wasn't uncommon for us to receive an email of a broken main. MR. YILMAZ: Yes, sir. COMMISSIONER HENNING: a while. CHAIRMAN COYLE: Yep. I haven't received those in quite Page 71 October 11, 2011 COMMISSIONER HENNING: So you must be doing something right. CHAIRMAN COYLE: I think they're doing a lot of things right. COMMISSIONER HENNING: But you need to get the County Commission district map correct. It's at least 20 years -- the map you have is at least 20 years outdated, according to the presentation. But, Commissioner Hiller, if you don't -- if you think it's appropriate, make a motion. COMMISSIONER HILLER: Yeah. I just want to ask one last question because -- CHAIRMAN COYLE: Commissioner Fiala was next. COMMISSIONER HILLER: Oh, I'm sorry. I'm sorry. I apologize. COMMISSIONER FIALA: In answer to your question before -- and you were wondering how we all got on city water. By the way, I live in Lakewood, and we're on City of Naples water. From what I understand, our development was built before the city -- before the county had their own water system. Everything across the street from us right here is on city water, Bayshore, everything south of U.S. 41, all of that area in there is on city water. We're on city water here. So there's still a lot of city water in there that has this 70 percent. COMMISSIONER HILLER: That's significant. COMMISSIONER FIALA: Thank you. COMMISSIONER HILLER: Commissioner Coyle? CHAIRMAN COYLE: Commissioner Fiala -- I mean, Commissioner Hiller. COMMISSIONER HILLER: Just a last question on what you just explained with this 70 percent. Of the 92.7 miles and the 37 million that you described earlier, does that contemplate any -- anything to do with the pipes from the City of Naples that are servicing us, or is that a cost that they're going to bear 100 percent Page 72 October 11, 2011 themselves and then pass that along, you know, in rate adjustments to the users in the county? MR. YILMAZ: The answer is yes for Collier County Water /Sewer District pipes. Everything we're presenting to you in terms of 92.74 miles of pipes, that is Collier County Water /Sewer District pipes, not City of Naples. COMMISSIONER HILLER: Not City of Naples. So basically the City of Naples will be dealing with their asbestos issue separately? MR. YILMAZ: Yes. COMMISSIONER HILLER: And will have that in their own budget? MR. YILMAZ: Yes. COMMISSIONER HILLER: Okay. I just wanted to make sure that we're not looking at, you know, a larger number. CHAIRMAN COYLE: It could possibly be more complex than that. As we move forward in the future, it might be to the county's best interest to negotiate with the City of Naples to take over responsibility for water supply to certain portions of the county, certain portions of the Naples water supply to service the county residents. There have been adjustments in responsibilities in the past. If -- and I'm not saying it's going to happen. It hasn't even been proposed yet. But if in the future there is negotiation between the City of Naples and the county about realigning responsibilities for water supply, there might be a need for the county to budget for and assume that responsibility, if it is in the county's best interest to do so. And that's the only long -term complication of that issue. So we have public speakers. MR. MITCHELL: Yes, sir. CHAIRMAN COYLE: Okay. MR. MITCHELL: The first speaker is Charlie Arthur. MR. ARTHUR: Hello. I'm Charles Arthur. Excuse me. I'm the Page 73 October 11, 2011 Chairman of the Vanderbilt Beach MSTU. And we're involved very heavily right now in preparing to bury all our utility lines. And you might ask, so what does that have to do with asbestos pipe? Well, the reason that I'm here is last month we had a proposal to allow us to hire a consultant to work with us in burying our lines. And one aspect of that is we have to relocate some water lines. Because of the setback rules, you can't have the electric lines and the water lines within a certain distance of each other. It happens that the water line that we have to relocate is the asbestos concrete pipe, and so that, then, got caught up in this overall issue -- which personally I really appreciate you looking at, because when I hear about all these things -- I'm not a scientist, but it kind of scares me a little bit. But anyway, because the item was recalled, the -- for some procedural reason, we weren't able to go ahead and negotiate with our consultant to help us on this project. So whatever action you take here, we need to separate our issue of hiring our consultant from that so we can proceed with hiring a consultant, and we have to then do our own water -line relocation before Florida Power can bury our power lines. COMMISSIONER HILLER: Leo, can you help us with that? MR. OCHS: Well, ma'am, if you approve the item that you asked to be reconsidered, they can move ahead with their consultant and proceed with the project. COMMISSIONER HILLER: I know, but Mr. Arthur is saying that, you know, this issue with them being able to hire consultants has to be somehow -- are you suggesting that this is going to come up again and there will be future problems, Mr. Arthur, or what are you -- MR. ARTHUR: No. This consultant would be with us through Phase I of our project, so I don't see this coming up again. All I'm -- I just want to make sure we have the ability to go ahead with hiring of the consultant regardless of what the overall decision is with regard to Page 74 October 11, 2011 asbestos pipe. We're moving less than 100 feet of pipe, so it's a small job. COMMISSIONER HILLER: Is it the technical -- is it the physical aspect that you're concerned about? MR. ARTHUR: No. I'm concerned about the procedural aspect where we've had to delay hiring our consultant because this issue was raised again. MR. OCHS: I believe what the gentleman is referring to is the concerns that you raised about AC pipe in general throughout our system. You did so -- COMMISSIONER HILLER: And specifically -- MR. OCHS: You did so through the reconsideration of this specific project. COMMISSIONER HILLER: Well, no. But my concern was specifically with this -- MR. OCHS: Okay. COMMISSIONER HILLER: -- with the AC pipe in this location, how we were handling it, and then on top of it, because it came to light to me in this issue, it dawned on me that, you know, that this might not be the only segment of AC pipe. MR. OCHS: Sure. COMMISSIONER HILLER: So I thought it would be beneficial to us to address -- at least be aware of what the bigger concern is as well as my local concern. I have a local concern as well as a concern specific to this project to ensure that, you know, no one is going to be hurt in any way as a result of the presence of these pipes or the removal of these pipes. MR. OCHS: Okay. COMMISSIONER HILLER: But I just don't understand how that affects his consultants. MR. OCHS: I think what the gentleman is saying is that if there's going to be some general plan discussed by the board or general Page 75 October 11, 2011 direction about how to move forward with AC pipe within your entire system, that you don't delay action on his local project CEI so that they can move forward with their project today. COMMISSIONER HILLER: Well, isn't that really up to George? MR. OCHS: No. If this board approves this item, then they could move forward. CHAIRMAN COYLE: This is his project. MR. OCHS: But they can't move forward until you approve this item. COMMISSIONER HILLER: Oh, I see what you're saying. MR. OCHS: That's all he's saying. COMMISSIONER HILLER: I was thinking of the physical -- MR. OCHS: No, ma'am. COMMISSIONER HILLER: -- if there was physical interruption as a result of the remediation, that they wanted to move forward anyway. I didn't -- I'm sorry. Your statement wasn't clear to me. I understand now. Thank you. CHAIRMAN COYLE: Next speaker? MR. MITCHELL: The next speaker or Dick Lydon. And this is your final speaker. MR. LYDON: It's not often I get the last word. CHAIRMAN COYLE: You probably won't get it today either, Dick. MR. LYDON: I'm Dick Lydon. I'm the Vice - chairman of the Vanderbilt Beach MSTU. And I have been working on health and welfare of Vanderbilt Beach for -- since the early '80s. I've stood before this esteemed body many, many occasions. A lot of the faces up there have changed, but this one so far has not changed. Mostly I have come here with the interest of trying to get some amount of common sense through some of the regulatory problems Page 76 October 11, 2011 that we face. We have been working on the Vanderbilt Beach MSTU line burial project for nearly ten years. We started collecting money at ten years. During that time we've paid the tax collector, we've paid the appraiser, we've paid transportation, we've paid the legal boys from time to time, and now we feel that we're being nit - picked. We need this engineer's approval and, coming up on the 25th of this month, we need city approval to give some money to Florida Power and Light so we can get on with our project. It seems that we already have one street done up there and nobody, the county clerk, the county attorney, nobody complained about the fact that we paid FP &L for that project. Now it's coming up again on the 25th because there is a problem with paying FP &L. My understanding, based on what I read from the Florida Public Utilities Commission, that, really, we don't have a vote down here in that respect because they kind of own that end of the world. So I would just ask that you -- respectfully ask that you just kind of get out of the way and let us get on with this project. Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I think from all the testimony that I've heard today and everything that I've read, it's essential that we have somebody watching over this, that we have a professional. And as we understand, there's only one in town that actually is -- is focused on this particular type of construction or whatever. And so with that I will make a motion to approve this agenda item. And if you'd like the words, the Vanderbilt Beach MSTU has funds available in the amount of $5,668,107.53. And so my motion is to approve Hole Montes as the single qualified responding firm so that the contract negotiations can begin. COMMISSIONER HILLER: And I'll second it. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala for approval, seconded by Commissioner Hiller. Page 77 October 11, 2011 All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MS. ARNOLD: Thank you, Commissioner. CHAIRMAN COYLE: You can get on with your life, guys. MR. LYDON: Thank you. Item #I OE A REVENUE COMMITMENT CONTRACT WITH NAPLES NEWS MEDIA GROUP TO RECEIVE DISCOUNTED PRICING ON ADVERTISING — APPROVED MR. OCHS: Commissioners, the next item on your agenda is Item 10E. It was previously 16E2. It's a recommendation to approve a revenue - commitment contract with Naples News Media Group to receive discounted pricing on advertising. This was moved at Commissioner Hiller's request, and Mr. Carrell is available to present or to answer questions, however the board prefers. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yeah. I was concerned about this because, you know, we do a great deal of advertising with the Naples Daily News, and what this agreement basically provides is that we're not really getting the discount where it matters because the bulk as I understand -- and, Leo, did you send me that information I requested October 11, 2011 on the breakdown? MR. OCHS: Yes, ma'am. MR. CARNELL: I've got it here. COMMISSIONER HILLER: Okay. Because I did not -- you probably sent that after, you know, we were already in this meeting. MR. OCHS: Yeah, I got it this morning, ma'am. COMMISSIONER HILLER: The issue that I'm concerned about is, you know, we are not getting any discounts that I can see based on this agreement on what, as I understand -- and I hope the numbers will reveal this to be the case -- where we do more of our advertising, which is with respect to, you know, our legal notices and advertising for employees. And the other thing is, I want to get an understanding of how the rates we are paying to the Naples Daily News compare with, you know, rates from other sources like the News - Press, Gulf Coast Business Review, or Florida Weekly. We don't have to do all of our -- and I understand that there are statutory requirements with respect to newspapers, but there is advertising that we do that we can do in these other venues as well. And I want to make sure that we are getting the best possible price, and I want to see us negotiate, especially in this market. MR. CARNELL: Okay. Okay, Mr. Chairman. Steve Carnell, Purchasing Services Director. Leo, if you could help me with this, put this on the visualizer. MR. OCHS: Sure. MR. CARNELL: Commissioner Hiller had specifically asked what our spend with the Naples Daily News is for legal and nonlegal advertising. And if you see it on the screen, we've got a brief five -year summary in aggregate of that activity. The middle column is, of course, the legal advertising, and the last column is, we've fancily called it, non -legal advertising. That's predominantly display advertisements that would appear in the newspaper. Page 79 October 11, 2011 This contract -- if I could, let's just focus on this contract first. This agreement is for the right -hand column, non -legal advertising only. It has nothing to do with legal advertising whatsoever. And the purpose of -- if I could talk about the agreement first -- is to secure an aggregate discount from the Daily News based on our typical consumption in prior years. The Daily News had come back to us -- we talked to them several months ago about this. And remembering that our departments purchase advertising on a program basis, typically department to department -- and, remember, advertising is not strictly about cost. It's about reaching the target audience and the right time and the right manner and an effective way. And what we have traditionally done -- we do very little of this display or nonlegal advertising in large amounts. We don't spend $50,000 for an ad, display ad. Typically they're much smaller, the advertisements. And they are procured in accordance with our purchasing policy. To begin to address one of Commissioner Hiller's points, we do, purchase by purchase, buy these services in accordance with the purchasing policy taking into account, not only the cost, but the target audience that the publications reach and the amount of circulation that the publications reach to really be able to determine the true value. You can buy something cheap, but if it's -- if that publication advertises in the wrong part of the county, you're not getting your target audience. So you've got to be able to reach your target audience effectively. What this does, simply, is this does not in any way forestall competition or limit it. What it does is, it takes advantage of the fact that we do enough advertising through the Daily News in the manner I just described, purchase by purchase, department by department, that we get aggregate volume through them. And they -- the Daily News agreed going forward, upon approval of this agreement by the board, that they will extend a 19- percent October 11, 2011 discount to all of this nonlegal advertising that places in the Naples Daily News for the next year regardless of our volume, regardless of whether we meet -- and this is based on a volume of $60,000 of retail advertising. And -- but, regardless, if we only do 30,000, we still get the 19- percent discount. This is good for one year. At the end of the year, both parties will re- evaluate. If we ended up exceeding the $60,000, then we're going to go back to the Daily News and ask for a better discount than 19 percent. If we end up less than $60,000, the Daily News has the ability to come us to and say they're going to lower the amount of discount. So it will all depend on what actually happens and plays out. And there is no commitment on the part of the board in terms of having to commit to any certain amount of advertising, and there's no retroactivity. We don't owe them money after the fact or anything like that. But that's the agreement that's in place. Now, briefly on legal advertising. As Commissioner Hiller did allude to, in most cases legal advertising is restricted. It has to be placed with a newspaper or publication of local circulation. And, unfortunately, I can't give you a one - size - fits -all definition of what that is because it -- some of this -- some of our legal advertising is driven by discrete statutes, some is driven by discrete county ordinances, and the standard is not uniform in terms of what you do -- what you must do to be that publication. But in many instances the Naples Daily News, when it comes to legal advertising, is the only publication that circulates countywide that publishes frequently enough to meet the particular test. Now, to address that, Commissioner, we do -- in the Purchasing Department, we allow departments to issue purchase orders for legal advertisement, but we do question and we do remind them that they -- if there is an opportunity to compete the advertising, meaning that more than one publication could meet that definition for that particular October 11, 2011 ordinance or statute, that we will pursue competition in that instance. But I've got to remind you, too, that even then you've got the limiter. Even if you could legally advertise in another publication, you still have -- what's the value for your dollar in terms of reaching the appropriate publication. So with that in mind, today's action is only addressing the display advertising or the nonlegal advertising. COMMISSIONER HILLER: Are you going to come back on the legal ads? Are you negotiating anything for the legal ads? MR. CARNELL: At the present time we're not. We're going purchase by purchase, and we are looking at opportunities for competition where the expenditures exceed the competitive threshold. Then in that case we are going out, not necessarily negotiating, but attempting to get competition where it's a larger advertisement. COMMISSIONER HILLER: So you are going to go back and negotiate on the legal ads? me. car: Not in this agreement. This agreement -- COMMISSIONER HILLER: Not in this agreement. But prospectively? MR. CARNELL: Yeah. Well, what we'll do is -- Commissioner, what -- the key word is, we will compete it where it's warranted and where there's an opportunity to compete, where it's above your policy threshold of $3,000 and where the publication -- where there are multiple publications that can meet that standing definition. COMMISSIONER HILLER: Okay. And just to point out, the 60,000 revenue commitment in this agreement matches the fifty -six nine that you have as the nonlegal ads that were expended in -- prior, and that was what I wanted to see. The only other question I have is, what is the discount as compared to -- did you, like, look at this discount compared -- what was it last year? MR. CARNELL: It wasn't -- we haven't had -- this is all new October 11, 2011 ground. COMMISSIONER HILLER: We've never had it. Did you consider -- especially since these are nonlegal ads, did you go to any of the other newspapers and negotiate similar agreements? MR. CARNELL: We have not, and it's because at the present moment our volume with the other papers is virtually nil. Secondly, when we have price - quoted with the News -Press and some other publications in the past, they've tended to be higher and they've tended to reach a smaller Collier County audience. And with a few limited exceptions, almost all of the display advertising, as you might expect that the county would do, is targeted to Collier County residents. COMMISSIONER HILLER: So with respect to this nonlegal advertising, you are still going to go out and solicit bids for such nonlegal advertising from other newspapers? MR. CARNELL: Correct. When the advertisement exceeds $3,000, we will get competitive prices, yes. COMMISSIONER HILLER: Okay. At least we have discount. And that's really one of the concerns I had. I wanted to ensure that you would continue to put these nonlegal ads out to bid, and I also wanted to ensure that you would competitively bid those legal ads where we didn't have statutory limitations that couldn't be satisfied otherwise. MR. CARNELL: Yes. And if I could, just one last thing. We will -- just remember, as Leo just said, when we say competitively bid, we take into consideration circulation and target audience. It's not just who gives us the lowest price. COMMISSIONER HILLER: Oh, understood. But there are certain things that can be achieved. For example, Florida Weekly is a -- oh, sorry. Phone just got off the hook. It's probably Dave Neill from the Naples Daily News calling me, telling me, you know, don't say any more. Just vote yes. But like, for example, Florida Weekly has quite a broad __ . October 11, 2011 circulation. And for some of our nonlegal advertising, I think they probably would be very inexpensive and still provide a high - quality product. But -- so thank you. So I'll make a motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Hiller, second by Commissioner Fiala. Commissioner Henning? COMMISSIONER HENNING: Never mind. aye. CHAIRMAN COYLE: All in favor, please signify by saying COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Ian, you can turn off my public- speaker light, unless you've got some more. Thank you. Okay. That brings us to Item F. Item # 1 OF RESOLUTION 2011 -191: THE REMOVAL OF 49974 AMBULANCE SERVICE ACCOUNTS AND THEIR RESPECTIVE ACCOUNT RECEIVABLE BALANCES WHICH TOTAL $6,954,193.53 FROM THE GENERAL LEDGER OF COLLIER COUNTY FUND 490 (EMERGENCY MEDICAL SERVICES). ALTHOUGH THE AMOUNT HAS BEEN RECOGNIZED AND RECORDED AS BAD DEBT EXPENSE IN THE GENERAL LEDGER, IT CANNOT BE REMOVED October 11, 2011 WITHOUT BOARD ADOPTION OF AN AUTHORIZING RESOLUTION — ADOPTED MR. OCHS: Yes, sir. Item IOF was formerly Item 16171. It's a recommendation to adopt a resolution authorizing removal of 4,974 ambulance service accounts and their respective receivable balances, which total $6,954,193.53, from the general ledger of Collier County Fund 490, Emergency Medical Services. Although the amount has been recognized and recorded as bad -debt expense in the general ledger, it cannot be removed without board adoption of an authorizing resolution. Commissioner Hiller moved this item from consent agenda. Chief Kopka is here to either present or answer questions. CHAIRMAN COYLE: Questions, Commissioner Hiller? COMMISSIONER HILLER: Yes. When I reviewed this, you know, I had some concerns. When I looked at the amounts, obviously, they were very large. And I asked for an aging schedule. I'm not sure that I received that. I received some sort of a schedule, but I'm not sure that it is exactly what I wanted. I also requested a copy of the resolution initially that basically addresses these EMS transport fees. And what the resolution in it's -- the resolution is 08 -27, and the resolution basically provides that there is a set rate of -- there's a set rate that's charged for EMS transport and that the county has a duty to, for example, provide that transport for, like, the city -- NCH is, I believe, is -- as an example, and that when we engage in these billings, there's -- there's really a difference between adjustments and write -offs due to bad debts. And in reviewing this I saw that there was a number which was a different number than the $7 million we're talking about this morning. That was for the adjustments. And then I noted that you have the $7 million for the write -offs. And one of my concerns is an issue that was brought to my attention during the budget cycle about a dispute Page 85 October 11, 2011 with NCH. And apparently there is a large amount -- and, Leo, correct me if I am wrong. Is it a half a million? MR. OCHS: Commissioner, there's two hospitals involved. COMMISSIONER HILLER: Two hospitals? MR. OCHS: HMA and NCH. COMMISSIONER HILLER: And how much money is involved with respect to that? MR. OCHS: I would say combined, close to 500- to $600,000. COMMISSIONER HILLER: Okay. So with respect to that 5- or 60050005 I believe there's a dispute over the collection of that money. And my question is, where is that reflected in this analysis? Is that a -- an adjustment that ought to be written off based on the other number MR. OCHS: Commissioner -- COMMISSIONER HILLER: -- or is it a bad debt that should be accounted for in this resolution today? And, quite frankly, based -- and if it is based on, you know, an adjustment for the Medicaid -- or is it Medicaid or Medicare? MR. OCHS: It's both, ma'am. COMMISSIONER HILLER: Medicaid and Medicare -- then I guess my question is, why is there a dispute and why isn't the other number be written, adjusted? Well, you've got a lot of adjustments going on. CHAIRMAN COYLE: If you'll give him a chance to answer, he'll clear that up for you real fast. MR. OCHS: Yeah. I think I could clear this up fairly quickly. This write -off of bad debt is for fiscal year 2008, as stated in your executive summary. COMMISSIONER HILLER: Correct. MR. OCHS: So, you know, the dispute that we're in with the hospital is over these payments for inter - facilities would show up either in your FYI or your FYI bad -debt expense, and we haven't October 11, 2011 reconciled those accounts yet and haven't closed those ledgers. So that's why you're not seeing that activity in this report, ma'am. This is just for fiscal year 2008. COMMISSIONER HILLER: And that's what I don't understand. That's why I wanted an aging of -- like where's -- I mean, what's going on with 2009/2010, this $500,000 amount? I mean, where does that relate to? I don't really understand. And I -- reading the backup, I don't have -- I don't -- I can't follow what we're doing here. MR. KOPKA: Good morning, Commissioners. For the record, Interim Chief Walter Kopka. It takes time to reconcile those accounts through Medicare and Medicaid, private pay and insurance, and then also possibly to collection. So that's why it takes several years sometimes to reconcile those ledgers and come back to the board with a number. Going through the process takes some time. COMMISSIONER HILLER: Well, I would like to see that aging schedule, because, you know, I need to see where we are through now. I mean, how much do we have uncollectible -- MR. KOPKA: This resolution doesn't address that. This resolution addresses the 2008 fiscal year. COMMISSIONER HILLER: We don't know what's uncollectible for 2009? MR. OCHS: We're still trying to collect some of this, ma'am. You go through insurance -- COMMISSIONER HILLER: Well, I thought we were still trying to collect on the 2008. My understanding from reading the backup is that you were still trying to -- and you would still continue to try to collect some of this. MR. KOPKA: Correct. COMMISSIONER HILLER: So what's the difference? MR. KOPKA: Because this resolution just refers to those accounts that we did our best to try and collect on, but we still need to clear those from the ledger. CHAIRMAN COYLE: Well, isn't it? You declare it as bad debt. collect it. October 11, 2011 there are two steps in the process, You've done everything you can to MR. KOPKA: Correct. CHAIRMAN COYLE: And that's already been done. MR. KOPKA: Yes, sir. CHAIRMAN COYLE: Okay. The board has already said it's a bad debt. Then you come to the board and ask for permission to remove it from the ledger. MR. KOPKA: Yes, sir. CHAIRMAN COYLE: That's what you're doing now. MR. KOPKA: Yes, sir. CHAIRMAN COYLE: So it's already been declared a bad debt because you couldn't collect it. You're coming back now to say, we want to drop it off the ledger? MR. KOPKA: Yes, sir. CHAIRMAN COYLE: Is that correct? MR. KOPKA: Yes. CHAIRMAN COYLE: Is that a good explanation? MR. KOPKA: Yes. CHAIRMAN COYLE: Mark, can you clarify it any better than that? The answer's no. MR. ISACKSON: The commissioner's asking for the allowance for bad debt, and I think -- this is an accounting function. CHAIRMAN COYLE: Yes. MR. ISACKSON: If you -- if you want some information -- this is done monthly. There are schedules and ledgers performed on a monthly basis through the clerk Finance Department. Every three years we look at this. This is a three- years -in- arrears process. I think Crystal will be able to give you exactly what you're looking for in terms of these schedules that you're asking. But from a October 11, 2011 budgetary perspective, we're simply on a cash basis. MS. KINZEL: But -- and let me explain. I can provide her with the allowance for bad debt for the past years. Those are in the financials. I think what she's looking for, Mark, is for each of the years -- and you can correct me, Commissioner Hiller, but I think -- what I'm understanding her to say is for each of the years '9, '10, and '11, how much of that is embedded in the issue with the Medicare and the Medicaid -- COMMISSIONER HILLER: Right. MS. KINZEL: -- specifically to those hospitals, because she would like to see what we're calculating. And I don't have the level of detail by customer account within finance, and I think that's why she's asking from staff. We can work together to try to ferret that out within the financial statement, but we don't have the individualized aging detail by customer. But I think you're, exactly, trying to go to the Medicare /Medicaid piece, correct? COMMISSIONER HILLER: And -- yeah, in part, yes. And then, in part, I want an overall analysis showing, you know, how this aging is working as against your allowance for these uncollectible accounts, because obviously, you know, the statement that's made here that there's no direct fiscal or budgetary impact is only true if you have been weighing this in your calculation of fees anticipating you were going to have these kind of write -offs; otherwise, you're going to have a shortfall. MR. OCHS: No, Commissioner. We calculate our rates and our budget based on our historical collection for cash, as Mark said. You know, we're confusing -- COMMISSIONER HILLER: Well, that's saying this -- MR. OCHS: -- a cash budget or budget versus an accounting, and -- October 11, 2011 COMMISSIONER HILLER: All right. Well, then -- but then you're answering my question. Then you are doing it in that fashion. MR. OCHS: Yes. COMMISSIONER HILLER: You are -- you know, whether you're basing it purely on the cash collection -- MR. OCHS: Right. COMMISSIONER HILLER: In other words, if a cash collection -- the allow- -- or I should say the write -offs are actually being contemplated, because you're only basing it on cash collected. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: Not on total projected trips -- MR. OCHS: Yes, ma'am, correct. COMMISSIONER HILLER: --times -- MR. OCHS: We project our total trips -- COMMISSIONER HILLER: --fee. MR. OCHS: -- our total billing, and then we discount it based on a historical collection. COMMISSIONER HILLER: Because obviously this would materially throw things off, and you would have your budget out of line. MR. OCHS: Yes. If we didn't -- if we didn't account for that in our budget, you'd be absolutely correct, but we do. COMMISSIONER HILLER: So I would like to see the aging from 2008 forward. I do understand that you're only adjusting this for 2008. I want to see where we are, and I want to get an understanding of how this all ties back to what's going on with these hospitals. MR. OCHS: Okay. CHAIRMAN COYLE: Okay. But those are not subjects to discuss under this item. COMMISSIONER HILLER: But none of those hospital receivables that are in dispute are part of this? MR. OCHS: Correct. 06-M October 11, 2011 CHAIRMAN COYLE: That's right. COMMISSIONER HILLER: Okay. CHAIRMAN COYLE: We're only voting on the 2008 amount. And if -- I'd like to clarify that what you want is an accounts - receivable aging for Emergency Medical Services transport. COMMISSIONER HILLER: That's what I asked for. CHAIRMAN COYLE: And that essentially was already done a long time ago with 2008. If -- the request for that for 2009, 2010, and even 2011 is entirely appropriate, but not under this particular item. We're merely voting to write this off today. MR. KOPKA: Understood. CHAIRMAN COYLE: Right? MR. OCHS: Yes, sir. CHAIRMAN COYLE: And you can get the other information to Commissioner Hiller afterwards. MR. OCHS: Yes, sir. COMMISSIONER HILLER: With the understanding that NCH and the other hospital are not involved in this write -off, given that we have a dispute. MR. KOPKA: Correct. CHAIRMAN COYLE: Okay. All right. We have a motion by Commissioner Fiala to approve. COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: And did we have a second? COMMISSIONER HILLER: I'll second it. CHAIRMAN COYLE: Okay. Second by Commissioner Hiller. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. Page 91 CHAIRMAN COYLE: (No response.) CHAIRMAN COYLE: Item #I OG October 11, 2011 Any opposed, by like sign. Then it is approved unanimously. A CITY OF NAPLES AIRPORT AUTHORITY LEASEHOLD AGREEMENT LAND LEASE NORTH QUADRANT LAND FILL SITE WITH THE CITY OF NAPLES AIRPORT AUTHORITY FOR CONTINUED OCCUPANCY OF THE NAPLES RECYCLING CENTER PROPERTY AT A FIRST YEAR ANNUAL RENT OF $42,260.88 — APPROVED MR. OCHS: Commissioners, that takes us to Item IOG, which was previously Item 16E4. It is a recommendation to approve a City of Naples Airport Authority Leasehold Agreement Land Lease North Quadrant and Landfill Site with the City of Naples Airport Authority for the continued occupancy of the Naples Recycling Center property at a first -year annual rent of $42,260.88. This item was moved at Commissioner Hiller's request. Ms. Toni Mott is available to either present or answer questions, Mr. Chairman. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. Can you explain to us what the relationship is with the airport and, you know, what this particular facility is? This is the recycle center, the transfer station down at the airport. MS. MOTT: For the record, Tony Mott, Real Property Management. The county has leased space since 1987 from the Naples Airport Authority for a recycling center. In 1987 the county paid 31 cents per square foot for the leased area that we are currently leasing. Our real estate appraiser has done market data for similar properties within the area, and that supports a Page 92 October 11, 2011 $2.60 per- square -foot price. And our current lease is at 27 cents per square foot. COMMISSIONER HILLER: That's great. CHAIRMAN COYLE: Okay. Any other questions? COMMISSIONER FIALA: Okay. I'd like to make a motion to approve this agenda item. CHAIRMAN COYLE: Okay. And I second it. Commissioner Fiala, a motion to approve, seconded by Commissioner Coyle. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. What can you do in seven minutes, County Manager? MR. OCHS: I think we could probably handle, hopefully, the county attorney's item. This was moved at Commissioner Hiller's request. Item #1 1 A AN AGREED ORDER AWARDING EXPERT FEES AND COSTS IN CONNECTION WITH THE ACQUISITION OF PARCELS 838A AND 838B IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. NANCY L. JOHNSON PERR Y, INDIVID UALL Y AND AS SUCCESSOR TRUSTEE, ET AL, CASE NO. 03- 2373 -CA, GOLDEN GATE PARKWAY PROJECT #60027 — APPROVED Page 93 October 11, 2011 MR. OCHS: It was previously 16K1. It's recommendation to approve an agreed order awarding expert fees and costs in connection with the acquisition of parcels 838A and 838B in a lawsuit styled Collier County Florida versus Nancy L. Johnson Perry, individual and as successor trustee, et al, Case No. 03- 2373 -CA, Golden Gate Parkway Project No. 60027. Fiscal impact, $27,167.60. COMMISSIONER HILLER: The reason I asked for this to be brought forward is I was very concerned about the amount of the fees relative to this particular condemnation. And, you know, for example, I don't -- I'm going off the top of my head. But, for example -- and you can correct me, Heidi. But I think the appraisal on this -- I think what they -- what were they saying, 6,000 or something like that? COMMISSIONER HENNING: Sixty -five hundred. MS. ASHTON- CICKO: Actually, that's what we negotiated it down to. It was 7,200. COMMISSIONER HILLER: Right. And this was for a parcel of land which I think we condemned for how much, 80,000 plus -- do you remember? It was like about -- MS. ASHTON- CICKO: Yeah. It was approximately that amount. There were some issues with this case because DOT had it, so-- COMMISSIONER HILLER: The point being is that when you look at, you know, an $80,000 taking resulting in an -- and this is the reduced price of 27,000 in professional fees. To me it just seemed unreasonable and, quite frankly, I thought excessive. And so that was my concern. And, you know, my concern -- I completely appreciate the right of citizens to hire professionals to defend themselves in a taking action. I understand the statutory requirement and the need for that requirement. But the offset to that is that, you know, what these professionals charge has to be reasonable and also has to be basically fair - market prices. And so, you know, when I see such an unreasonable number, October 11, 2011 you know, I'm concerned that this -- in some way we're -- is to set some sort of a precedent that would allow other professionals to think, oh, you know, we can gouge the county and just churn fees in takings actions instead of, you know, doing what really should be done, which is fair representation, you know, for a fair value to defend the interest of the citizen. And I'm just concerned about abuse is really what it amounts to. So if you can give me the assurance that these fees are not abusive and not unreasonable, then I have no problem, you know, recommending that they be approved and that we don't go to court to challenge them. So I would like your input on that. MS. ASHTON- CICKO: Okay. For the record, Assistant County Attorney Heidi Ashton - Cicko. And we share your frustration, and I think a lot of the other members of the board share your frustration. The eminent domain is a very pro - property -owner area in the State of Florida, and we're required to pay the expenses, the reasonable expenses of the experts. And in this case the appraised amount was an issue. There were some planning issues, highest and best use, whether or not it should be residential or office. There were some engineering issues, and then there was extensive landscaping that was removed in this project. Even though it may appear excessive to you, this actually, in my opinion, was a very reasonable case. The attorney who worked on the other side, he is one who does rein in his experts. Unfortunately, we can't control the experts of the owner, and some of the attorneys are willing, that represent the owners, to try to rein in their experts. Others want to start out, you know, ready for trial and get all their experts and exhibits and so forth. In this case, in my opinion, it is reasonable. The downside for the county and the other condemning authorities is that if we were to proceed for a cost hearing -- and I've done that on a couple of Page 95 October 11, 2011 occasions -- we have to pay the attorney hourly for his time preparing and going to hearing as a supplemental proceeding under the statute. We also have to pay for any experts that the owner is going to bring to defend the fees, and then we have to pay for our experts. So, unfortunately, the decks are really stacked in favor of the property owners. I have had a couple of cases where we have attacked the costs and one -- we had one project where there were two different appraisals, and we said we didn't need two appraisals. And when we took it to the judges, they said that the appraisers were looking at two different cures to the impacts of the project, and in that case we had to pay for two appraisals, which I felt was pretty outrageous. But we're stuck with what the Court decides unless we want to appeal. COMMISSIONER HILLER: I understand. And I really thank you for the explanation. It is a big deal, and it -- you know, the rights of the individual do deserve to be protected, and I understand, as I said, why the statute provides what it does. My concern is, you know, abuse by professionals taking advantage of the situation and basically charging more because government is paying, and they're not providing that additional level of value add to protect the interests of the citizen. So I was just very concerned. And, you know, when I went back and I saw the history of this case and I saw the dollar amounts, I really wanted you to get it on the public record to explain why we're not challenging this in court, and you've done a very good explanation -- a good job of explaining that, and then, you know, that, in fact, these are reasonable numbers. So I'll make a motion to approve. And I'm happy for your sake that this case is over with. MS. ASHTON- CICKO: Thank you. COMMISSIONER HILLER: Thanks. CHAIRMAN COYLE: Okay. A motion by Commissioner Hiller for approval, seconded by Commissioner Coletta. October 11, 2011 All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. We're going to break for lunch, and we'll be back here at one p.m. (A luncheon recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. Ladies and gentlemen, please take your seats. CHAIRMAN COYLE: Ladies and gentlemen, we're back in session now. Did you want to go to 8E, County Manager, or do you want to take another item? MR. OCHS: Well, I was just going to start at your advertised public hearings, sir, 8A, but -- CHAIRMAN COYLE: Okay. Well, we'll go to 8A then. ORDINANCE 2011 -37: PUDZ- 2007 -AR -1 2292: 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 Page 97 October 11, 2011 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 — ADOPTED W /STIPULATIONS MR. OCHS: Okay. 8A, this item -- CHAIRMAN COYLE: I thought everything that Yovanovich had had been postponed until next time. MR. OCHS: Yeah, well, he's not going in yet, I guess, Commissioners. This item's been continued from -- CHAIRMAN COYLE: I make a motion we continue -- MR. OCHS: Continue? CHAIRMAN COYLE: -- continue it. COMMISSIONER FIALA: What's that? CHAIRMAN COYLE: Whatever Yovanovich is proposing. MR. OCHS: This item has been continued from the September 271 2011, BCC meeting. This item requires ex parte disclosure be provided by commission members. Should a hearing be held on the item, all participants are required to be sworn in. PUDZ- 2007 -AR- 12292, Cope Reserve RPUD, an ordinance amending Ordinance No. 2000 -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 for the herein described 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 October 11, 2011 dwelling units in Section 8, Township 50 south, Range 26 east, Collier County Florida, consisting of 14.3 plus -or -minus acres and providing an effective date. COMMISSIONER HENNING: Do you want to swear them in? MR. OCHS: Ex parte? CHAIRMAN COYLE: I just want to make sure that we've gotten all the commotion taken care of here. Okay. We'll do ex parte disclosure first for the commissioners. So let's do ex parte disclosure for Item No. 8. Commissioner Henning, you can start. COMMISSIONER HENNING: The only additional thing that I have is correspondence with staff on whether I'm going to the neighborhood meeting, and I talked to a reporter about going to the meeting. That's the only additional I have. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir. I seen the staff report, and I took the time to call Skip Riffle to try to get an update personally from him. That's the extent of it. CHAIRMAN COYLE: Okay. And I have read the staff report. I have also met with Mr. Yovanovich and Mr. Wayne Arnold, and we have discussed this proposed development. And that's all I have. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've met with Rich Yovanovich, and -- or Yovanovich, excuse me, and Wayne Arnold a number of times, and also with their client, Bobby Cadenhead, and I've met with some of the Cope Reserve people. Skip is in my Kiwanis Club, so I took a special -- I've known him for so many years. So we've met a couple times, and we've had -- we've had a couple meetings in my office, except the first meeting it was only the developer group that got there, and the second meeting we had a few people that came that are in the audience today, and even one that isn't. October 11, 2011 Plus, I just met with some people in the hall as well. So I've talked to anybody who wanted to talk to me about this subject. And I had found some good results after our meeting, and I'm -- I don't know what's going to happen today, but I thought we had pretty well come to some agreements. So we'll see how it goes. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Nothing to add from what I disclosed this morning. Staff report; just briefly heard from staff about it. CHAIRMAN COYLE: And how many public speakers do we have, Ian? MR. MITCHELL: Sir, we've got three public speakers. CHAIRMAN COYLE: Okay. All right. All people who are going to give testimony in this petition, please stand to be sworn in. This includes all public speakers. (The speakers were duly sworn and indicated in the affirmative.) COMMISSIONER FIALA: He doesn't realize he has to give a speaker slip. UNIDENTIFIED SPEAKER: I didn't sign in. COMMISSIONER FIALA: Outside the door there's a speaker slip. You have to fill that out and give it to this gentleman, the county attorney. Thank you. CHAIRMAN COYLE: Okay. Mr. Arnold, are you ready? MR. ARNOLD: Thank you, I am. For the record, I'm Wayne Arnold with Q. Grady Minor & Associates. And with me is Rich Yovanovich, and we're representing the applicant. This, of course, was a continued item from several weeks ago, and we have had an opportunity to sit down with some of the neighborhoods and discuss issues that related to Cope Lane improvements and things like that. I can go through a more lengthy presentation, or I could just, I guess, remind you that we have agreed through the Planning Page 100 October 11, 2011 Commission hearing that this would be only single - family -home development on 14 acres, 43 maximum homes. We have increased our buffers, and we have provided for some improvements that will favor the county's stormwater improvements in the Lely area stormwater plan. I've got some aerial photos, I've got photographs. I, too, agree with Commissioner Fiala; I thought we had a pretty positive meeting with a few of the residents and reached some consensus on some of the issues that dated back to road improvements that were or were not supposedly made at the time of PUD approval for Falling Waters. And after looking back at the language, I think your staff would concur that the pavement that's in place probably meets everything that was stated in the PUD documents at the time. CHAIRMAN COYLE: Okay. Does the staff need to get anything on the record? MS. DESELEM: Good afternoon. For the record, Kay Deselem, principal planner with zoning. I just wanted to go on the record to say that you do have the staff report and the executive summary. Staff is recommending that the project petition be found consistent with the Growth Management Plan, and we are recommending approval. CHAIRMAN COYLE: Okay. Thank you very much. You want to call the first speaker, Ian? MR. MITCHELL: Yes, sir. The first speaker will be Maggie Cobeaga. CHAIRMAN COYLE: And Ms. -- MR. MITCHELL: And she'll be followed by Shirley Riley. CHAIRMAN COYLE: Okay. If you'll each -- both come up to one of the podiums, please. Ms. Riley? Is she here? Okay. If you'll come to this podium over here. MS. COBEAGA: Good afternoon, everybody. CHAIRMAN COYLE: And if you'll state your name just for the Page 101 October 11, 2011 record, please. MS. COBEAGA: Huh? CHAIRMAN COYLE: State your name for the record. MS. COBEAGA: My name is Maggie Cobeaga. CHAIRMAN COYLE: Okay, Ms. Cobeaga. Could you stay fairly close to this microphone so we can hear you? MS. COBEAGA: Yes. CHAIRMAN COYLE: Okay, thank you. MS. COBEAGA: My concern is about the ditch that they're going to open for the water, because all the water right now is going to the front of my yard, my house, because the next property is Mr. Flick, and he put box and cement to open the road, so the water doesn't go through. So no matter where the water come, it's going there. They supposed to -- next to my road, the Falling Waters open, supposed to go, the water, and they're supposed to clean, and they only did once at the beginning, and they never clean it again. So it's full of weeds, and I can't go and cut over there. CHAIRMAN COYLE: Okay. MS. COBEAGA: So my concern is if they can open so that all the water that comes from Mrs. Riley and all the -- everybody goes to the lake, because that lake most of the time is empty. It has no water. So it would be good if the water can go there. CHAIRMAN COYLE: Okay. Can -- does the petitioner know where this lady's property is located? MS. COBEAGA: What are you saying? CHAIRMAN COYLE: I was just asking a question of Mr. Yovanovich, if they know where your property is located. Now, do you feel -- MS. COBEAGA: My property is next to Falling Waters. MR. YOVANOVICH: Can I point? CHAIRMAN COYLE: Yeah, pull up the map. Page 102 October 11, 2011 MS. COBEAGA: In Cope Lane, the -- the first street in the left after the empty lot of Mr. Flick, that's my property, and next is Falling Waters. MR. YOVANOVICH: Are you down in this area right here? UNIDENTIFIED SPEAKER: No. She's more to the left. MS. COBEAGA: It's right here. MS. RILEY: It's right here. MS. COBEAGA: And this is Falling Waters. MR. YOVANOVICH: Where's Falling Waters? MS. COBEAGA: That's over here around here. Who's this? MR. YOVANOVICH: This is our property. COMMISSIONER FIALA: Shirley's pointing to it up there. MS. RILEY: This is her house. This is her driveway. CHAIRMAN COYLE: Is this -- is this a developer's issue, or is it Collier County's issue? MR. RILEY: Developer. CHAIRMAN COYLE: Let's -- County Manager, what's your take on this? The cleaning out of the drainage ditches is, I would presume, a Collier County responsibility, isn't it? MR. OCHS: I don't know just from looking at this map, sir, whether that's one of ours or that's a private drainage. MR. YOVANOVICH: I can answer the question. MR. OCHS: Maybe Nick knows, or Rich. MS. RILEY: See, they put up a wall along Maggie's driveway. When they put up that wall and a fence -- CHAIRMAN COYLE: "They," who? MS. RILEY: Falling Waters. CHAIRMAN COYLE: But not this developer? COMMISSIONER FIALA: Yes. MS. RILEY: Yeah, that's what -- CHAIRMAN COYLE: Okay. But for this project or for another Page 103 October 11, 2011 project? MR. RILEY: The previous project, which will be the same developer. In other words, what she's stating is, they do not fulfill their obligations, what they should be doing. That's her point. CHAIRMAN COYLE: Okay, okay. MS. RILEY: You know, the only people that I ever see cleaning out that ditch, which does not belong to her, is her daughters. And I know I've asked them -- I don't know if Maggie has -- if they would clean out that ditch there. Because it's the wall, a ditch, and then her property, and they just don't dig it out. They neglect it. The same as along Cope Lane. I don't recall they ever cleaned it except when they developed it. CHAIRMAN COYLE: Okay. MR. MITCHELL: Terri, for the record, that's Ms. Riley that's speaking. CHAIRMAN COYLE: Yes. Well, we just need to sort out some issues here. We've got a petition before us that involves the Cope PUD, okay. It's owned by the same people who built Falling Waters. MS. RILEY: Right. CHAIRMAN COYLE: We're trying to make a decision as to whether or not we're going to approve Cope Lane, the Cope PUD. So your point, and your point, is that because the developer isn't cleaning out a ditch in the Falling Waters side, they shouldn't be permitted to go ahead with that development? Is that true? Is that what you're saying? MR. RILEY: That's not the only thing. CHAIRMAN COYLE: Okay. Then let's hear the rest of it. Have you finished? MS. COBEAGA: Yes, sir. CHAIRMAN COYLE: Okay. I understand where you are. MS. COBEAGA: What I wanted to tell you about the water that should run to the lake instead of staying right there in my property. Page 104 October 11, 2011 CHAIRMAN COYLE: Okay. MS. COBEAGA: Thank you, sir. CHAIRMAN COYLE: Okay. Go ahead. Or have you already told us what you're going to tell us? MS. RILEY: Well, my question is, too, the other day when we had a meeting, from one diagram I have here it shows that the stormwater is going to be what, 30 feet. Then on the other diagram it shows it like 3,000 feet. I wonder what the truth is. CHAIRMAN COYLE: I don't know what you mean when you say the stormwater's going to be a 1,000 (sic) feet. What does that mean? MR. RILEY: Okay. Right here -- CHAIRMAN COYLE: Can you hear her? MR. OCHS: We'll get the hand -held microphone, sir. She can come over here and -- MS. RILEY: You want me to come over there? MR. OCHS: Yeah, if you want to point to it on this visualizer. Is the microphone on? Speak right into the microphone. MS. RILEY: Okay. At our first meeting, right here where my pen is, there was -- right in front of Jim and Joanne's house, they were just going to dig a little bit of stormwater improvement right in here. I have all the papers to show you, okay. The other day when we came up here and we had another meeting and we met, I was informed they were going to go to the full length along Falling Waters there, from about right in here to way down here. And I just -- I was curious. What is the truth? What are they going to do? Because as Maggie was saying, her driveway is right here. What happens is the water comes down through here, floods me, floods Skip, comes down Cope Lane; it stops right here at Maggie's property. Well, when it stops here, there is a culvert right here, and it goes under the road. Page 105 October 11, 2011 Then the rest of this, it comes down. And being it's blocked off right here, it doesn't go into that lake. If that was dug out, a lot of that drainage would go right into that lake, but it doesn't. It comes down and it stops and it starts filling her up. CHAIRMAN COYLE: Okay. MS. RILEY: Now, if all these ditches were cleaned out, properly (sic) drainage, Maggie wouldn't be having that problem either. And what happens, it comes across the road. What doesn't go to her comes over here, and I'm worried that this is going to get blocked in; they will start getting flooded worse than they are already. CHAIRMAN COYLE: Okay. Thank you. Okay. Who is the next speaker? MR. MITCHELL: The next speaker is Donnie Davis, to be followed by a Adolfa Mayor. CHAIRMAN COYLE: Just state your name for the record, please. MR. DAVIS: Donnie Davis. CHAIRMAN COYLE: Okay. MR. DAVIS: I live at 5735 Cope Lane. I agree with everything they say about -- CHAIRMAN COYLE: It's better if you point it out on this overhead projector here. MR. DAVIS: I'm the second house on the right. I also agree with all that they said about Falling Waters' last project, which floods my place, the house, the ditch, constantly, no drainage. I'm also concerned about the entrance they're wanting to do off of Cope Lane. I have kids. That's the bus stop there. We have a bus stop there at 7:30. We have one there at 8:45 in the morning. What's this traffic going to do? What's the design? And what are you going to do for Cope Lane? And that's my questions. CHAIRMAN COYLE: Okay. All right. We'll get some answers for you. October 11, 2011 MR. DAVIS: Okay. CHAIRMAN COYLE: Okay. Is that it? MR. DAVIS: That's it. CHAIRMAN COYLE: Okay. Next speaker. MR. MAYOR: Good afternoon. My name is Adolfo Mayor. We live at 5743 Cope Lane. If you could see where this yellow line is. CHAIRMAN COYLE: We need you to get on the microphone so we can keep you on the record. MR. MAYOR: I live at 5743 Cope Lane, which is right here, okay. And if you see this yellow line where their property borders up against the back half of our two - and -a -half acres, it's right dead center in the middle. So where they're talking about building houses would be right up against the side of our property. When we bought that lot, we moved out there for estates -type living, you know, which we didn't want an overcrowded neighborhood. We wanted to be more laid back Golden- Gate - Estates -type atmosphere. I think by putting 43 houses into that small area is not going to, you know, get us what we want, what we moved out there for, what we bought our houses and built our houses out there for. And not only that, I'm really concerned about, as far as traffic -wise on our road, you know, by 43 houses being put on that short of -- small property. But my biggest concern is having that many houses up against our house, you know. And I think it's going to lower our property values lower than they already are as it is now, you know. That's pretty much our future for our investments for our kids, so on and so forth. You know, when we bought that and built our house, it's a dream house. We never expected to see seven, eight houses right next to you. I'd like to keep it the way it is, single- family homes. Thank you. CHAIRMAN COYLE: Okay. Thank you. Page 107 October 11, 2011 MR. MITCHELL: Sir, that was your final speaker. CHAIRMAN COYLE: You had something you wanted to add, but you're going to have to come up here to do that. You didn't take up your full three minutes anyway, so that's all right. You have time. MR. DAVIS: I just wanted to go back on record and say I oppose the zone changing. CHAIRMAN COYLE: Okay. MR. DAVIS: From estates to multifamily, ain't it? MR.00HS: Single- family. MR. DAVIS: Single - family. CHAIRMAN COYLE: Single- family, okay. Now, can staff answer the questions of the speakers? MR. CASALANGUIDA: Good afternoon, Commissioners. For the record, Nick Casalanguida. I can walk you through some of the project's restrictions as well as some history. Right now Cope Lane is a 22- foot -wide paved road done by the developer that's in here and Falling Waters. The county right now is planning a LASIP improvement. It starts over here and works its way west along Falling Waters and provides an outfall to the south here. We met in Commissioner Fiala's office, and the neighbors were concerned that some of the people weren't cleaning out their ditches and maintaining it. This is a privately maintained section of road. Code enforcement went out and notified everybody, you need to maintain your ditches, and we started that process already. Additionally, the developer -- the neighbors were concerned the developer's sheet flow heads this way, that this project would impede water flow. So I've asked Wayne and Mr. Yovanovich to put together some language to protect that. In terms of the bus access, we're having the developer improve the road. Right now it's a 22 -foot rural section, just 22 feet of pavement. They're going to do sidewalks and bike lanes, 12 -foot travel m October 11, 2011 lanes for 600 feet all along their frontage. So from County Barn Road all the way back to here. After a year that it's in place, that portion will be turned over to the county for maintenance. So in a wrap -up, we've contacted the neighbors and said, clean out your swales. The county has a LASIP project that's going to work in this area here. CHAIRMAN COYLE: What's -- be sure to tell everybody what a LASIP project is. MR. CASALANGUIDA: Yes, sir. Lely Area Stormwater Improvement Project. It's a county -- I should say, you know, southeast part of the county, southwest part of the county. So water flows that will come down will follow the ditch and then go due south here. And it's important -- I think at the meeting we had in Commissioner Fiala's office that they need to put some language in the record about pre versus post water flow coming this way to make sure that these folks don't get any more water than they already get today. So hopefully I've answered the questions or given some light on what's going on. CHAIRMAN COYLE: Okay. Tell me how the road is going to resolve the issue with the bus stop. MR. CASALANGUIDA: Right now there is no place. There's no sidewalk or anything out there. So you're going to have an area location -- I'll put this back on. You're going to have sidewalks on both sides that don't exist today and that go all the way out to County Barn Road. So they're not putting in a bus stop, but there'll be a safe haven outside the pavement for pedestrians to walk and stop if they have to. CHAIRMAN COYLE: Okay. So you're just providing a safe thoroughfare to the bus stop? MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: Is that correct? _ o •, October 11, 2011 MR. CASALANGUIDA: That's correct. CHAIRMAN COYLE: Okay. Is the increased traffic in the area of the bus stop going to create a safety issue? MR. CASALANGUIDA: I don't think so, sir, because you're going to have sidewalks there. You're going to have a place for children to stand that they don't currently have now. So I don't think it would be more unsafe. I think it would be more -- better. It would be a better condition. CHAIRMAN COYLE: All right. Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. The main thing that I understand from the people is that, you know, as the improvements are made to this area, they wanted to make sure that the developer followed through and carried through with all of their promises, because they were rather disappointed the last time they built in Falling Waters that the promises were made but then they, according to the residents, were not kept. And so, I think -- and as you can hear, the two big problems: One, they don't want to lose their estates zoning. Well, there's not -- you know, you can't change their zoning, but anybody who owns land can always appeal or, you know, ask for zoning. One of the things that has been negotiated, from what I understand, is that this could have been a multifamily project, and that would have really given the whole community a different feel. So they've narrowed it down to just single- family owner - occupied homes, just -- you know, just like you guys live, in a single - family home. Rather than duplexes and multifamily and two- and three -story places, it's now just single- family, and that's a good thing, because that will be more in keeping with your neighborhood. The other big concern with these people, and rightfully so, is the flooding in their neighborhood. I went down there the other day; my goodness, there's water everyplace. And apparently somebody's built Page 110 October 11, 2011 a wall someplace or another that blocks some of the water and doesn't allow it to flow. Now the people realize that they do have a problem there, too. They need to clean out their swales. Everybody understands that. And once the swales are clean, that will help. Once we do our -- when are we supposed to be doing the Lely Area Stormwater Improvement Project? If it's this year, it's one thing; but if it's ten years, then it's another. MR. CASALANGUIDA: Sure. Mr. Ahmad has the schedule. I'll make sure he puts that on the record. MR. AHMAD: For the record, Jay Ahmad. It's in the ' 13/' 14 fiscal year. COMMISSIONER FIALA: Okay. So at least another year and a half away, right? MR. AHMAD: Yes, ma'am. COMMISSIONER FIALA: Okay, fine. But they're not going to be building too, too much before then anyway because they've got a lot of infrastructure and things to go through. So they'll probably be clearing out some of that stuff. But one of the things that we determined when we were in my office there was we don't want to -- we want to make sure that there are no COs given to that community until the problems with the flooding have been resolved and that the developer is carrying through on his promise and -- to do what he said he would do. He's got his own swales going in, right, and his roads and his sidewalks. I think the sidewalk will give a great relief to your kids going to school, because at least they're not going to be standing in the street anymore, and that's a good thing. But I insisted that we give no COs until these people are protected, and I've gotten an agreement from the developer's representative. MR. YOVANOVICH: And, Commissioner, as we -- again, for Page 111 October 11, 2011 the record, Rich Yovanovich. As we discussed in your office, that condition's already in the PUD that until we do all the road improvements and all our on -site improvements, we get no COs. I do want to just point one thing out. Falling Waters has turned over to its residents. So it's really the HOA's responsibility to be maintaining the portion of the ditches that front the Falling Waters property. And I think there's an issue there that the HOA is not yet accepting that that's an HOA responsibility for Falling Waters. Hopefully that will -- that will change and they'll understand that that's a homeowners' association responsibility for the portion of the ditch that fronts Falling Waters, and then it's individual property owners from that point forward. COMMISSIONER FIALA: How can you assist that, Rich? I mean, being that now you've already worked with us and put the clauses in there about the COs, and that's a wonderful thing, but when it was turned over to these people, they might -- in Falling Waters, they might not even have been aware that they were supposed to do that. And apparently it was turned over in somewhat the same condition it looks like it's in right now. MR. YOVANOVICH: You have -- and as we talked briefly at the last meeting, there was the original developer, and then in 1998, I believe it was, Transeastern bought the project. So they were the primary developer of Falling Waters, and they did the turnover to the residents. What they told the residents I don't really know, and I don't have any way to know because, you know, my current client was the initial developer but didn't finish the project. So we don't really know what Transeastern told them or not. I mean, we're happy to talk to the members of that association and, you know, tell them, well, we knew originally, if that will help. I mean, we'll be happy to do that. COMMISSIONER FIALA: That might be nice if you would -- I mean, I appreciate you -- Page 112 October 11, 2011 MR. YOVANOVICH: Right. COMMISSIONER FIALA: -- going out on a limb like that and helping, because I realize that isn't your property any longer. But if you could help these people so that they have more of a voice and maybe could help solve some of their problems -- MR. YOVANOVICH: Sure. COMMISSIONER FIALA: -- I would find that very comforting. How about you guys? Just nod. MR. RILEY: Can we attend those meetings? MR. YOVANOVICH: All I'm going to do is meet with the -- and I know the residents of Falling Waters, their leadership for the HOA because I've negotiated with them before. And I'll be happy to talk to them and tell them this is how it was set up originally when the original developer was there, but I'd rather just do that one -on -one -- COMMISSIONER FIALA: Okay. MR. YOVANOVICH: -- privately, because I think it's -- COMMISSIONER FIALA: If you have problem with it, then would you give me a call -- MR. YOVANOVICH: Sure, that would be fine. COMMISSIONER FIALA: -- and I'll see if we can't arrange a mutual meeting for all of us then? MR. YOVANOVICH: That would be fine. And I'm happy to reach out to the HOA leadership and find -- if it's not the same people that I dealt with, I'll find out who they are and ask to talk to them. COMMISSIONER FIALA: Great, great. And I can step in or Commissioner Henning can step in, one of the two of us, because either one of us would want to help them. So I appreciate that. I think then that that -- then as long as we've resolved the issue -- and I'm seeing some nods -- then I will make a motion to approve with -- oh, wait a minute. I'm sorry. I don't have speakers here -- MR. YOVANOVICH: And we had talked about language -- adding to the language and that we would have a pre versus post Page 113 October 11, 2011 analysis of water to make sure that -- and I'll put it up on the visualizer. We -- right. And we have some language in there that addressed that situation that the water basically has to be no worse when we come through with our project than it is today. COMMISSIONER FIALA: Can't get much worse, Rich. MR. YOVANOVICH: Well, I mean, their concern was that our project was somehow going to be blocking the flow of water. And we have written a condition to make sure that that doesn't happen. COMMISSIONER FIALA: Would you make sure that -- Shirley, hold your hand up -- that Shirley gets a copy of it -- MR. YOVANOVICH: Sure. COMMISSIONER FIALA: -- so that she can have it for her records? MR. YOVANOVICH: Sure. COMMISSIONER FIALA: She keeps very good records. MR. YOVANOVICH: It will be in our PUD, so she can have as copy as well. COMMISSIONER FIALA: Okay. And I started to make a motion, but other commissioners have their lights on, so I'll step back and wait until they're finished. CHAIRMAN COYLE: You can always make a motion. COMMISSIONER FIALA: Oh, okay. Well, I will make a motion then to approve this PUD with the understanding that you have the modifications and changes there and that no COs will be issued until you've met all your requirements. MR. YOVANOVICH: Fine. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Yeah. Commissioner Fiala, I'll second your motion, and you can turn my light off. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Commissioner Fiala's answered Page 114 October 11, 2011 -- taken care of everything. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: With respect to the drainage issues in the area, how much of those problems were brought on when the other development was built? Because you can see how much green there is, and then all of a sudden you see Falling Waters, and, I mean, it looks like, you know, that project clearly, you know, interrupted what must have been the natural flow of water in that area. MR. YOVANOVICH: And, actually, what -- and Wayne could get into greater detail. But a lot of the properties south of Cope Lane were actually purchased as part of the water - management system for Falling Waters. So a lot of that green that you see south of Cope Lane will remain green and, I think, provides further confidence to the residents that you're not going to have another developer come in here and try to put another -- a more intense project. So most of the lots along Cope Lane are, in fact, owned and used as part of the water - management system for Falling Waters. And there's culverts under Cope Lane that addresses that flow, and then the Lely Area Stormwater Improvement Project, if I said it right, hopefully will actually further relieve a historical issue that exists out there, so -- COMMISSIONER HILLER: And I guess my concern is, based on what you're saying is that, you know, the development was expected to cause problems with respect to drainage. And there were solutions proposed, but those solutions clearly are not adequate, and that's why we have to do a LASIP? MR. YOVANOVICH: No. I think LASIP is in Lely. Lely developed pre -- a lot of stormwater requirements. It's -- you know, when you talk about Lely, you're talking about older portions of Collier County. COMMISSIONER HILLER: Well, I'm talking about whatever improvements Nick was talking about that are going to occur, and he Page 115 October 11, 2011 said they were part of LASIP. I mean, I don't really care how you label it, because my concern is, is you have a situation here that -- you know, I understand you're going to get CO'ed when you do your share of the improvements, but are we sure that the totality of the improvements being proposed that you're being required to do and that Nick is proposing to do is going to alleviate the drainage problem? Because obviously there was a first step towards drainage contemplated when this was designed, and it has failed. So how do we know that this is actually going to solve the problem? What studies were done to get to this point? MR. CASALANGUIDA: Ma'am, for the record, again, Nick Casalanguida. Your whole Lely permit, LASIP permit, looked at a regional issue. And it's, in other words, trying to replumb an area that was cutting off different areas of drainage throughout the whole Lely area. So the key thing for this project is, when we met with the homeowners, is sheet flows this way. They were concerned that if this became -- because you have to berm your project and keep all your water within sight. And unless you put a swale on the outside to pick up the water and then do the historical discharge wherever it goes, probably in this wet area here, there would get flooded. So we were very specific when we met with Commissioner Fiala to put the language that they read into the record, that historical flow from this new project would not cause any more damage. COMMISSIONER HILLER: But it is going to interrupt the sheet flow based on your description. So I'm asking again, what study did you do to ensure that what's being proposed is going to solve this problem? MR. CASALANGUIDA: They don't get that far in the PUD. When they -- when they supply their permit application for the water management district into us, we look at that at that point in time, because that determination is made then. But the language says they Page 116 October 11, 2011 don't get a CO until we see the pre- versus -post analysis. And rather than trying to do an engineering drawing here, you've got a berm that they have to keep their water on site on the toe of the slope. If it's flat, you're going to get water building up. COMMISSIONER HILLER: So the answer to the question is you haven't seen anything that suggests that the improvements being proposed by the developer are going to serve to protect against -- MR. CASALANGUIDA: No, I don't see that at this stage, ma'am. COMMISSIONER HILLER: Oh, well, I didn't know when you see it. My concern is that you haven't seen it. So we're requiring this developer to make certain improvements, but we don't know on what basis. I mean, I guess I don't understand -- it just doesn't make any sense to me. You're being required to do certain improvements because the suggestion is is that these improvements are going to protect against flooding in the area. MR. CASALANGUIDA: It's a "do no harm," Commissioner. I want to explain to you -- COMMISSIONER HILLER: Potentially increased flooding in the area because this project will, once again, interrupt the sheet flow. MR. YOVANOVICH: The water management district's going to make me do that anyway. When we -- you don't do your water management district permitting prior to zoning because it's -- it's too expensive to go through that process if you don't have a project. The law already requires us -- the law already requires us to do no harm. COMMISSIONER HILLER: Oh, we understand that. MR. YOVANOVICH: So we're agreeing to a condition that we're legally required to do anyway. We will be going through the water management district permitting process to show evidence that we're doing no harm. So we're agreeing to a condition that says, "Do no harm," and we're confident. Our engineers have looked at it and said what we're Page 117 October 11, 2011 being required to do is consistent with what the permitting process will be with the water management district. So the conditions that's being imposed on us we can live with because we know we're going to have to meet that anyway through the district permitting process. COMMISSIONER HILLER: But you have no idea that what you're requiring them to do sufficient to solve this problem. There could be -- I mean, obviously, what was -- what was required of Falling Waters was inadequate, because you've got flooding in the area. And, you know, whatever land they put aside for drainage for Falling Waters hasn't done anything to protect this area from flooding. MR. CASALANGUIDA: That's not necessarily true in the sense that -- two points; I just wanted clarification. If we were taking on this site as a private project, the pre- versus -post analysis we know, even from the county staff that we have, it's picking up a perimeter swale. You want to pick up whatever flow's coming up, have a drop in the swale, carry it around the project, and keep that water moving. They've agreed to do that. We've agreed to look at it as part of the PUD, which typically South Florida looks at it. We've said, well, let's not trust South Florida. Let's put it in the PUD as a county ordinance. Let's make sure we look at it as well, too. That was the inclusion that Commissioner Fiala said. Let's not just trust another agency to look at it. Let's make sure county staff looks at it, too. We're comfortable with it, that when they come in with a design, we can review that design to see if they're taking that perimeter swale and carrying the water out, you know, for water that would normally come this way. What came in -- COMMISSIONER HILLER: Go ahead. MR. CASALANGUIDA: What came in as part of Falling Waters I can't speak to. I know that the LASIP permit was 17 years in Page 118 October 11, 2011 motion, and projects came along the way. This project that we're doing here in '13/'14 is to carry some of the water that come down through here, carry through, and then continue it down. There are other improvements on some of these roads to continue moving the water farther south. But I would never say or put on the record that you're never going to -- you're going to alleviate all the flooding, because we -- if you have a lot of spot rain one location -- these are tentatively low areas -- it will accumulate water, and I wouldn't want to say that these improvements will solve it. We're just making sure that he's not making it worse. COMMISSIONER HILLER: I understand. My two concerns are, No. 1, that it doesn't make it worse for these other people that surround this project, and also that the people within this project don't suffer flooding because of what you're describing. MR. CASALANGUIDA: No. They're going to have to put a berm, raise it. The design standards that are in place today -- COMMISSIONER HILLER: But if you're putting a berm in there to raise it, then you will be displacing the water and you will interrupt the sheet flow. MR. CASALANGUIDA: You will. In other words, when water's coming -- COMMISSIONER HILLER: Therefore, more water will be going onto these people's properties. We're flat. It has to move somewhere. MR. CASALANGUIDA: No. What happens is in a design you put a berm around the site to treat all your internal water, and then it's staged up for a certain period of time, and then it discharges out at a slower rate. Your swale that would be picked up -- because they're going to have to build a swale, a ditch, around their project. So as water came down, it would go right into that ditch and then continue back down to Page 119 October 11, 2011 where it's going. They would have to do that. They can't just have a berm of water that just backs up against it in this little corner. It has to be carried out and around. And that condition is now in the PUD as opposed to a South Florida Water Management District permit requirement. And we've had problems in the past where we say, South Florida's going to review it. We'll be okay with a couple schools where our county engineering team has said, let's look at it. By putting it in this, we will look at it before they get their CO. COMMISSIONER HILLER: Can you repeat again what you're going to look at before they get the CO? MR. CASALANGUIDA: When they come in with their plat, it will be a set of construction plans. We'll review the berm that goes around the site and their water management district permit, and we will also review to make sure that whatever the grades are with historical sheet flow come into some sort of catch swale and carry it around. Not outside their boundary, but within their boundary of their project. So if I was to draw a section, you'd see a berm, and then a dip, and then it would go back to natural ground. COMMISSIONER HILLER: The berm and the dip and going back to natural ground is going to affect the properties underneath the project then? MR. CASALANGUIDA: You mean down here? COMMISSIONER HILLER: Yeah. MR. CASALANGUIDA: It would be no different than what's happening right now as the water flowing forward. In other words, that "do no harm" concept is whatever the rate of water coming this way has to be discharged at the same rate going the other way. So you're building a swale to carry that natural sheet flow around and discharging it. CHAIRMAN COYLE: Okay. Commissioner Henning? Page 120 October 11, 2011 COMMISSIONER HENNING: Well, the problem is in that whole area, including down to Whitaker, you do have flooding because there is no established stormwater mechanism there. It just -- it's just not there, and I'm not sure running LASIP through there is going to alleviate problems for the neighbors around there. Other residents have water storage on their property, and they're not to store their water on somebody else's property. And I think the concern that you hear today is Mr. Yovanovich's client's property is being used for stormwater storage in the area. COMMISSIONER HILLER: Oh, I see. COMMISSIONER HENNING: Okay. And the problem is, we encourage infill in the urban area through our Growth Management Plan. This is a -- I'm not -- that's a question I have for staff if there -- I see on the executive summary it's a subdistrict. I don't know if that's the correct word under the Growth Management Plan. Maybe it should be residential infill. It's under 20 acres. But it's still, the density is the same. MR. YOVANOVICH: Correct. COMMISSIONER HENNING: Still the water - management policies dictated by Southwest Florida is the same whether it's a five -acre PUD or a 20 -acre PUD. The issue is, you know, what has happened in the past and what we can do to make sure commitments and maintenance of Falling Waters outfall -- which I'm not sure, because a lot of the area, even all the way down to Whitaker and beyond, is low. You see a whole bunch of cypress out there. And I understand there are strands of pine, but that historical sheet flow has changed. I don't know what the answer is to restoration. Hopefully the LASIP will take care of it. My observation, Commissioners, the -- I understand what has happened in the past of understandings in that, and hopefully staff will go out there and make sure that the commitments under the PUD under Falling Waters will be observed and enforced. These people Page 121 October 11, 2011 have a right, according to our laws. So I'm going to support the motion. CHAIRMAN COYLE: Okay. Commissioner Fiala, do you need to say anything else or -- COMMISSIONER FIALA: No. I was just going to fastly say, Lely Area Stormwater, just for those who don't understand, it's not Lely per se. It always says Lely, but they're really meaning the Lely basin. There's a huge what we call basin that is -- that they're trying to work with and direct the water so it doesn't flood you as much, because as you well know, you're all located in wetlands. I mean, there's a lot of us in East Naples that are located in wetlands. That's where it is. And so what they're trying to do is direct it some places so that we can have more urban infill rather than move it out farther east. So that's what that's all about. Just -- COMMISSIONER HENNING: And if you live in a wetland, it's still going to be wet. COMMISSIONER FIALA: That's right, it is. If we can help to direct it -- we're never going to eliminate the water. CHAIRMAN COYLE: We have a motion by Commissioner Fiala for approval with the modifications as presented, and seconded by Commissioner Coletta. All -- I'm going to close the public hearing now. All in favor of the motion? MR. OCHS: Seconded by? CHAIRMAN COYLE: I'm sorry. Did I say Commissioner Henning? COMMISSIONER FIALA: Coletta. MR. OCHS: No. Was it Coletta? CHAIRMAN COYLE: Okay. Seconded by -- MR. OCHS: Okay. Thank you. All right. CHAIRMAN COYLE: I thought you did second it a long time Page 122 October 11, 2011 ago, but nevertheless. Seconded by either Coletta or Henning, perhaps both of them. So all in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Thank you very much. Item #8E ORDINANCE 2011-38: REGULATING THE PUBLIC'S USE OF "PRESERVE LANDS" MANAGED BY CONSERVATION COLLIER AND THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT — ADOPTED MR. OCHS: Commissioners, that takes you to Item 8E on your agenda this afternoon. It was previously Item 17D on your summary agenda. It's a recommendation to adopt an ordinance regulating the public's use of preserve lands managed by Conservation Collier and the Collier County Parks and Recreation Department. This item was moved at Commissioner Hiller's request. CHAIRMAN COYLE: Okay, Commissioner Hiller. COMMISSIONER HILLER: Yeah. The reason I moved it is there's a great deal of concern. And I've received communications from members of the community that feel that the wording of this ordinance is not adequately restrictive and that it leaves open the potential that an ATV park could be developed on these preserve Page 123 October 11, 2011 lands. And so what I think we need to do is -- and I would like to ask Jeff for guidance on this -- to somehow tighten up the language in that ordinance to ensure that there's no active use of the lands, for example, by way of, you know, ATVs, because, you know, obviously these lands were acquired to keep them natural and not allow for, you know, that type of use. COMMISSIONER HENNING: What have you got against ATVs? COMMISSIONER HILLER: I have nothing against ATVs. I think ATVs are great, if you want to ride an ATV. I personally don't ride ATVs, but, you know, I do different things. But my feeling is, is that it goes against the intent of the spirit of the Conservation Collier Program, and there are other sites available through the county that could, you know, be used as an ATV park other than these conservation lands. So -- and that's responding to a great deal of, you know, very outspoken public sentiment about that. CHAIRMAN COYLE: Can we identify this great deal of very outspoken sentiment? COMMISSIONER HILLER: Yeah, a lot of the environmentalists. I think they're -- CHAIRMAN COYLE: Are they here? COMMISSIONER HILLER: I think so. We've got Nancy Payton. We've got -- Nancy Payton, Florida Wildlife Federation. Is that the proper title? I've got Marcia Cravens, who represents Sierra. There were communications that were sent to us. I mean, other citizens -- Brad -- oh, Brad. Sorry, Brad. It's very hard to see that far. I'm getting older. I hate to admit it, but it happens to the -- Nicole -- Nicole -- sorry, thank you. Nicole Ryan with Conservancy. In fact, why don't you all stand up, and then everybody knows who you are and announce who you are. CHAIRMAN COYLE: You've got one, two, three, four, maybe Page 124 October 11, 2011 five. COMMISSIONER HILLER: They represent -- they represent thousands of constituents. MR. MITCHELL: Sir, we have five speakers registered. CHAIRMAN COYLE: Okay, all right. Well, can you tell me where in this document that we say that all - terrain vehicles can use Conservation Collier property? COMMISSIONER HILLER: The concern on the property of the environ- -- CHAIRMAN COYLE: Wait a minute. I want her to answer my question. COMMISSIONER HILLER: Oh, I'm sorry. I thought you were talking to me. CHAIRMAN COYLE: No, no. COMMISSIONER HILLER: You know, forgive me. I had my head towards -- turned against him. So I'm sorry. Forgive me. MS. HENNIG: The question was where it states that they can be used? CHAIRMAN COYLE: Yeah. ATVs can be used in Collier Conservation property. MS. HENNIG: It's not stated specifically that it can be used. It's not stated specifically that it can't be used. CHAIRMAN COYLE: But it lists the uses that are allowed? MS. HENNIG: Oh, let me check the section. There's a section -- Section 2, No. 15, passive recreation means activities characterized by a natural resource emphasis and nonmotorized activities. CHAIRMAN COYLE: There you go. MS. HENNIG: That's -- I mean, that's -- CHAIRMAN COYLE: Now, what is it we need to do to clarify that? ATVs are motorized, aren't they? MS. HENNIG: Yes. Vehicles -- No. 19 describes vehicles as, A, powered or drawn by motor such as automobile, truck, bus, Page 125 October 11, 2011 motorcycle, segway, scooter, minibike, all- terrain vehicle, off -road vehicle, or trail bike. CHAIRMAN COYLE: And we're prohibiting motorized vehicles, aren't we? MS. HENNIG: Yep, activities characterized by a natural resource emphasize and nonmotorized activities. CHAIRMAN COYLE: Okay. I don't see the problem. But, anyway, why don't we call the speakers and let them create a problem. MR. MITCHELL: The first speaker will be Nancy Payton, and she'll be followed by Annisa Karim. MS. PAYTON: Nancy Payton, Florida Wildlife Federation. Our concern was that it would be weakened; there would be something that would be added to it that would allow to open that door. But we've made it very clear thus far that ATVs are not a compatible use on Conservation Collier lands. If it's in the record, fine. But we just want to clarify that -- CHAIRMAN COYLE: It's in the ordinance. MS. PAYTON: It's in the ordinance that's proposed, and it's been stated in the discussion that this ordinance prohibits ATVs on Conservation Collier land, we'll be fine. CHAIRMAN COYLE: Not just ATVs; any motorized vehicle. MS. PAYTON: Motorized vehicle, all righty. That would be bikes that have motors and -- CHAIRMAN COYLE: That's right. MS. PAYTON: Trucks with big tires. That would be very good. CHAIRMAN COYLE: It already is. COMMISSIONER FIALA: Could I ask what led you to believe that there -- I mean, you're always so well up on these things. What led you to believe that it would be changed? MS. PAYTON: Well, there has been discussion about putting ATV use on Pepper Ranch. And there was a statement by Nick Casalanguida that it was being looked at. And so when this proposal Page 126 October 11, 2011 came forward there was concern that it was going to be either misinterpreted or it was going to be amended to allow the use of ATVs on Conservation Collier land. CHAIRMAN COYLE: Nick is always causing problems like this. MS. PAYTON: I know. He should know to stay away from those conservation lands. They're not for mitigation, they're not for ATVs, and they're not for roads. CHAIRMAN COYLE: What he should do is he should stay away from those conservationists, and then he wouldn't get into such big trouble. MS. PAYTON: Well, he'd probably say, yes, please, to that. CHAIRMAN COYLE: The ordinance says nonmotorized vehicles. MS. PAYTON: Okay. CHAIRMAN COYLE: They're not permitted, end of story. MS. PAYTON: It's not being amended. That's good. CHAIRMAN COYLE: I have heard nobody suggest that we put an ATV park on Conservation Collier land. And Pepper Ranch, I have heard no discussion concerning that. And I would suggest that, hey, if you're going to respond to those things, let's respond to them when they're real. MS. PAYTON: Oh, wait a minute. It was real. He did state that. I didn't dream it. CHAIRMAN COYLE: I bet you did. I'm going to have him come up here and tell you. Now, Commissioner Coletta might have said that. MR. CASALANGUIDA: She's my friend. We work well together. MS. PAYTON: Yes, we do. MR. CASALANGUIDA: For the record, Commissioner, in fairness to what Nancy said, I did state that, in a sense that this -- we're Page 127 October 11, 2011 going to look at all county -owned property. You have an exceptional benefits clause in your Conservation Collier ordinance that if I was to find a small Conservation Collier piece and it was part of a bigger piece, we could always come to the board and say, we have a benefit for this property for a bigger project. That's in your -- that's in your ordinance as well, too. But -- CHAIRMAN COYLE: But a 600 -acre ATV park is not a small piece. MR. CASALANGUIDA: We might overlap on small pieces of small Conservation Collier properties. If we look countywide and they owned a 20 -acre piece that was in -- MS. PAYTON: See why I went "ahhhh "? MR. CASALANGUIDA: And in fairness to her, I understand that. But when the public was there, they said, are you going to look at all public lands? I said, we'll look at everything. Some may be less feasible than others, but we're not going to -- we're not going to discount our look. And I think that was in keeping with -- CHAIRMAN COYLE: But you understand the ordinance does not permit you to do that. MR. CASALANGUIDA: I understand. CHAIRMAN COYLE: And in order for it to be changed, it's got to come back to this commission, and we've got to agree to change it. And it's like a snowball's chance in hell, okay? COMMISSIONER FIALA: Yeah. MR. CASALANGUIDA: Yes, sir, I do. CHAIRMAN COYLE: So I wouldn't talk about that anymore. MS. PAYTON: Cross it off the list. MR. CASALANGUIDA: I'm afraid of you, Commissioners, but I'm afraid of Nancy a little bit more sometimes, so I got it. COMMISSIONER FIALA: She has panthers walking with her. You've got to be careful. MS. PAYTON: Thank you. Page 128 October 11, 2011 CHAIRMAN COYLE: Okay, Nancy. MR. MITCHELL: Ms. Karim will be followed by Brad Cornell. MS. KARIM: Good afternoon, Commissioners. For the record, my name is Annisa Karim. I serve as the vice chair of your Conservation Collier Land Acquisition Advisory Committee. I also serve as the chair of the Ordinance, Policy, and Rules Subcommittee. I believe that all of you received by email a letter sent by our chairman, Mr. Bill Poteet -- I have that here if you'd like me to read it into the record, but this letter was a result of an agenda item we had at our Conservation Collier Land Acquisition Advisory Committee meeting yesterday. And we asked staff that they advise us, keep us up to date, with the ATV park. And so staff did provide us with a summary of that public meeting, and they did say that Pepper Ranch was mentioned in the meeting, and that led us to, as a committee, decide that it would be appropriate for our chairman to provide a letter to the commissioners underlining our feelings about an ATV park on Conservation Collier properties. We worked hand in hand with -- rather, Conservation Collier staff and Parks and Recreation staff worked hand in hand to, in my opinion, develop a very good use ordinance. And it went through the Ordinance, Policy, and Rules Subcommittee, went through the Conservation Collier Committee. It is now before you. I stand in support of that. I would -- I would be happy to tighten that language up and state again that ATVs are not an appropriate use for Conservation Collier lands. As you saw in the letter, we do believe that there is an appropriate venue for ATVs in Collier County but not on conservation lands. And I also came to answer any questions, if any, that you had. So thank you very much. CHAIRMAN COYLE: Thank you. Page 129 October 11, 2011 MR. MITCHELL: Mr. Cornell will be followed by Nicole Johnson. MR. CORNELL: Good afternoon. I'm Brad Cornell on behalf of Collier County Audubon Society and Audubon of Florida, and I'm here just to support the ordinance as it is and urge your approval and adoption. Thank you very much. CHAIRMAN COYLE: Good. Thank you. MR. MITCHELL: Nicole Johnson will be followed my Marcia Cravens. MS. JOHNSON: Good afternoon. For the record, Nicole Johnson here on behalf of the Conservancy of Southwest Florida. And my concern over this really stemmed from the comments that I made to you back in the June, July time frame when I requested that Conservation Collier lands not be part of the palate of options for a new ATV park. So I'm very glad to hear today that you reinforced the fact that it's understood the ordinance does not allow for motorized vehicles, ATVs specifically, within Conservation Collier lands. I feel much more comfortable with it now. If -- because ATVs are such a controversial use and because we know that we're going to need to find a park somewhere, if we decided to add language in that specifically said, no ATVs on Conservation Collier lands, that might help to keep controversies unnecessarily from occurring in the future and also to point out the Master Mobility Plan actually identified more than 250 square miles of vacant land in Collier County, privately held lands. So there has to be a good ag field out there for this use. There would just be no way the Conservation Collier lands would qualify for an ATV park under that exceptional - benefits clause. So I thank you for the time. CHAIRMAN COYLE: Okay. Just remember, there's nothing in the ordinance which prohibits the use of Conservation Collier land for new interchanges on I -75. Page 130 October 11, 2011 COMMISSIONER COLETTA: Not yet. MS. JOHNSON: Well, hopefully Conservation Collier isn't purchasing that highly valuable interchange lands that may or may not happen. CHAIRMAN COYLE: Who was first? COMMISSIONER COLETTA: Commissioner Henning's first. CHAIRMAN COYLE: I don't know who's first. COMMISSIONER COLETTA: Commissioner Henning, then me, and then I think it's Donna. COMMISSIONER FIALA: I think it's Hiller and then I. 1 think I'm the last one. CHAIRMAN COYLE: Okay. MS. CRAVENS: Hi. Good afternoon. Marcia Cravens, conservation co -chair over at the Sierra - Calusa Club. And I just learned of this agenda item earlier this morning when someone had informed me about the letter from Chairman Poteet with Conservation Collier. And when I looked at the agenda item backup materials, there were several concerns that appeared to me, and one of them is that this proceeded as a consent agenda from last month, and then a consent agenda this month for an ordinance that affects a great many people. And I would like to see that when these kinds of things occur, that they would be more fully vetted. For instance, there is a preserve standards that was developed through many public meetings that I attended, I know people from the Conservancy attended, people from Audubon, and a number of other NGOs as well as industry people attended who work together to create preserve standards. And preserve standards also includes uses on preserve lands. So this ordinance may actually have some conflict with preserve standards, which might have been identified had it been vetted through environmental- services staff or vetted through the Environmental Advisory Committee. Page 131 October 11, 2011 And so it appears that there is a concern because this ordinance includes a provision to allow permits to be issued for other uses. Yes, it does state that there are -- detailed list of allowed uses, but in addition to that, it allows permits to be issued for other uses. And I think that might be where some of the concerns are, that in addition to the listed uses, there is a potential gateway through permits to allow other uses. And it looks like maybe this language -- I think there's a common thread here among the speakers that maybe the language of this ordinance needs to be tweaked a little bit, and perhaps staff from environmental services and the institutional knowledge of those people on the Environmental Advisory Committee would be good resources to tweak the language of this amendment a little better. And so I would ask that that be done. It's not anything urgent where that ordinance needs to be approved today. It could be improved upon, and I would ask that this board do that. Thank you. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Melissa, help me out, please. You said Section 21 Item 19? MS. HENNIG: Item 15. COMMISSIONER HENNING: Fifteen. MS. HENNIG: Definitions, passive recreation. COMMISSIONER HENNING: Emphasize, nonmotorized activities. Well, you might have a conflict here; 19 is a definition of vehicles, including automobile buses, motorcycles, segways, scooters, minibikes, all- terrain vehicles, off -road vehicles, trail bikes. Watercraft is a definition of vehicles. Pontoon boat, hovercraft, jet ski, wave runner, sea sled, dolphin boat, or any such other name. Is that a flats boat? I can't take my flats boat in there? On Page -- Section 3, which deals with the mechanism of using vehicles and traffic control, it states in No. 5, speeds of vehicles within Page 132 October 11, 2011 the preserve lands, no person shall operate a vehicle at a speed that is greater than is posted, and at no time the speed shall exceed the posted limit of -- speed limit or 25 miles per hour. I don't know if it's really clarified. I know you have clarification in here. Public nudity is not allowed, unless you're a four - year -old or under, okay. I get that. That's not allowed unless you're underaged. And you also have in here about not using baited hooks or blood bait or things of that nature. I don't see the harm in continuing this to further clarify Section 3. That's my personal opinion. I mean, I think we can get it right. There is a lot of details in this. How many pages is the -- MS. HENNIG: Twelve. COMMISSIONER HENNING: Twelve pages. So we can't put a nudist camp in there and we can't go shark fishing. I think it's worthy of continuing this, and let's clean up the Section 3. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Well, I came into this meeting fully understanding what it was about that we -- that wasn't an allowed use, and I didn't see any exceptions that were put in there. And I can understand the knee-jerk reaction to Mr. Casalanguida's comments at the ATV meeting that was out there. I mean, when he said it, I know I cringed a little bit waiting for some sort of reaction from the audience. And the reaction was pretty favorable, by the way. They all thought it was a great idea. That and CREW land and a bunch of other things. Now, this is before us again. We're bringing it up even though the language -- to me it seems to be fairly explicit. I mean, we can play with the wording all we want. It's still going to come out to the same thing. It's not a permitted use. We're just rubbing salt in the wound here. I mean, these people out here that ride ATVs are grasping to try to get ahold of something to be able to move forward. Page 133 October 11, 2011 Now, we already know it was rejected to go to this particular area. It's been said many times. It's stated in our ordinance. Now we just want to make it extra clear to them that they can't go. One more time we're going to tell them that. Now, we have an effort that's being undertaken by staff -- with your permission they're going forward -- trying to come up with some different alternatives through all sorts of methods, everything from leased land, buy -in. They're going to be coming forward with some recommendations. My fear is we're going to see the same people here in the audience one more time, and they're going to be opposing to it. I hope that everybody can get together on one page on this so we can provide this recreational sport for the people that have been enjoying it for many years and have been denied the access to the -- to be able to do it in Collier County. There's got to be a way to be able to reach some point in time where we can say "yes" to ATVs on the appropriate lands, but nobody's said that here today. If I was out there in the audience and I was listening to what was taking place, I would figure all the cards are stacked against me once more. So the only thing I'm saying is, let's leave this the way it is -- it already says that it's not a permitted use. We know it's not a permitted use -- rather than drag it back before us again and bring up all sorts of issues that have been already settled. That's my personal feelings. CHAIRMAN COYLE: Okay. Now my light's on. The ordinance says, whereas, uses permitted are usually of a passive nature related to the esthetic, educational, and scientific enjoyment of the objects and conditions maintained in the preserve and adjoining waters. It goes on to say, it is in the intent and purpose of this ordinance to regulate the use of the preserve lands so as to protect the health, welfare, and safety of the persons using said lands, and to provide for Page 134 October 11, 2011 the protection, restoration, and management of these environmentally sensitive lands for the benefit of present and future generations. And then it defines passive recreation as activities characterized by a natural resource emphasis and nonmotorized activities. These activities are deemed to have minimal negative impacts on natural resources or are consistent with preservation enhancement, restoration, and maintenance goals for the purpose of habitat conservation. I don't know how you can get any clearer than that, and I think -- I think that we're just knit- picking here, but, nevertheless. Commissioner Fiala, go ahead. COMMISSIONER FIALA: I think it was Commissioner Hiller next. CHAIRMAN COYLE: That's all right. I'm in sequence this time. There's too many of you. COMMISSIONER FIALA: Okay, fine. Quite frankly, I don't know how you can tighten it up any further, other than to say no birds are allowed to fly over it and no clothed people are allowed to walk on it. I mean, that's the only thing that's left. I think that it's as tight as we want it to get without restricting it to a point where people aren't going to be able to -- the people, by the way, who are paying for it through their taxes, are not even allowed to walk on it. It looks good to me. And I -- you know, I'm pretty close to the environmental community, and no one called me about this, and I would think that they would. My goodness, Nicole comes into my office quite regularly, Nancy knows my number, and she would call me anytime, and I haven't heard anything in opposition to it. I feel that it's -- MS. PAYTON: We aren't opposed. COMMISSIONER FIALA: That's right. MS. PAYTON: We were concerned that it was going to be Page 135 October 11, 2011 weakened. COMMISSIONER FIALA: Right, I understand that. And you can see -- I'll tell you something, I promise you this: I would never weaken it, because to me the environment is too important, and this is Conservation Collier lands that we have purchased to keep in conservation, not to use as a park to ride ATVs on. And it's so stated clearly. So I'm in agreement with you. I feel that this is -- this looks good as it is. And, my goodness, I would never want to see anything come onto -- I've ridden around that beautiful, beautiful land, especially Pepper Ranch. My goodness, it's gorgeous. You wouldn't want anybody invading that, so -- CHAIRMAN COYLE: Okay. Commissioner Hiller. COMMISSIONER HILLER: Well, it certainly can be made clearer, and the simple way of making it clearer is just like where we have in the affirmative said, you know, no, you can't do this, this, and this, you add this to the ordinance in the same plain language. You know, to have to jump around between sections and look at definitions and follow a happy trail to come to the conclusion that, no, this is not a permitted use, is not user friendly. And it needs to read so anyone out in the community can plainly see what is intended. And like I said, the simple way to do that is to have a line in there that says, no ATVs on these conservation properties, period, just like we were explicit with respect to other issues. So I would like to make a motion that we continue this and direct the county attorney to add plain, clear language so that people don't have to have Commissioner Coyle interpreting the ordinance for them and so there is no doubt in anyone's mind as to what is intended. It takes one sentence. There's no hurry. It makes it clear. It makes it clear, it makes it unequivocal, and it puts this matter to rest once and for all. Page 136 October 11, 2011 And one other thing, if I may say. Didn't I ask you, Leo -- and maybe you've already answered. You know that -- the videotape of that ATV meeting, I gave you the number of someone who had the videotape of that. MR. OCHS: Yes, ma'am. You sent me an email saying someone had a tape of it. COMMISSIONER HILLER: Yeah. Someone has a tape of that meeting. If that could be posted to our website, then everyone can hear what was said and that way -- because so many people in the community, you know, are involved with this ATV issue on both sides of it, and I think it -- you know, it really ought to be a transparent discussion. COMMISSIONER FIALA: I can't second it this way, but if we could add today a sentence -- COMMISSIONER HILLER: Yeah, but don't we have to advertise? COMMISSIONER FIALA: -- that no ATV use on any Conservation Collier lands, then I can second it. CHAIRMAN COYLE: It's already there. COMMISSIONER FIALA: Well, I realize that. But if she wants CHAIRMAN COYLE: It mentions all - terrain vehicles. It says, vehicle means any passengered conveyance for the transportation of persons or material whether powered or drawn by motor such as an automobile, truck, bus, motorcycle, segway, scooter, minibike, all - terrain vehicle -- COMMISSIONER FIALA: Oh, yeah, it does. CHAIRMAN COYLE: -- off -road vehicle or trail bike. And then it says, passive recreation means activities characterized by a natural resource emphasis and nonmotorized activities. COMMISSIONER HILLER: Except -- CHAIRMAN COYLE: You've already said it. All you're Page 137 October 11, 2011 wanting to do is to craft it with your language and say it a different way. COMMISSIONER HENNING: I'm going to second the motion for discussion. CHAIRMAN COYLE: Second whose motion? COMMISSIONER HENNING: Commissioner Hiller's motion. CHAIRMAN COYLE: Did she make a motion? COMMISSIONER HILLER: I did. I made a motion. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: And can I ask a question, County Attorney? CHAIRMAN COYLE: I'm going to call on you, as soon as we get finished here. COMMISSIONER HILLER: County Attorney, could we make a change today -- and the only reason I say continue it, because I didn't know if you had to readvertise. But could we actually propose the change to add plain language to it to clarify this issue? And there really is ambiguity, because Commissioner Henning properly pointed out that we have another section in this ordinance that talks about, you know, motorized vehicles and, you know, speed limits and parking and, you know, it really -- there are some concerns. MR. KLATZKOW: You can do this two ways: One way is you can direct me to include certain language in it. I will do that and then send the ordinance to Tallahassee, but then you won't see that language; the second way to do it is a motion to continue to the next meeting so we have a date certain so I don't have to readvertise, direct me to come back with a proposed change, and we could do it that way. It will be an advertised public hearing. COMMISSIONER HILLER: I would like to suggest the second, because I would like the public to have the opportunity to know that the clarifying language, the simple clarifying language, as you propose it, to serve the intent of eliminating any and all ambiguity as Page 13 8 October 11, 2011 the way we go. CHAIRMAN COYLE: Okay. We have a -- Commissioner Henning? COMMISSIONER HENNING: Yes, thank you. An ordinance is a law. It's a local law. Okay. We have an attorney that can assist us to get through this item to get to the next item. And that is my question to the county attorney, is the preamble the enforcement of an ordinance? MR. KLATZKOW: I think it would be cleaner if you put it in Section 5, activities within preserve land, and then add a provision there, no motorized vehicles, including motorcycles or ATVs, are allowed. This way, down the line if code enforcement has to cite somebody, it's black and white. COMMISSIONER HENNING: I have two more questions. The definition of an ordinance, is that an enforcement mechanism? MR. KLATZKOW: An ordinance is a law that gets enforced. COMMISSIONER HENNING: Right. Under the definition or under the sections past the definitions? Now, you have Section 3 that -- you have Section 2 that identifies vehicles, what the meaning of a vehicle is. You have Section 3 as stating where a vehicle can goes (sic). You have -- MR. KLATZKOW: You also have Section 4A that talks about a management plan that will define what forms of recreation are allowed. I'm assuming staff is going to put that together sometime and come back to you, and I'm also assuming this will be on a preserve -by- preserve basis in what you can do and what you can't do, and ultimately those approved uses, you know, will be allowed. COMMISSIONER HENNING: I think this ordinance can be clarified a lot better, because you've got one -- Section 3 is conflicting with Section 5. Section 5, I'm looking at it right now, boating are (sic) permitted only on trails, estuary -- channels and estuary. I only know one boat that can go on land and water. Page 139 October 11, 2011 I -- I know what the intent is, but I would like to clean it up. I don't see any harm in it, of cleaning it up and bringing it back. What is the harm? Can somebody tell me what the harm is? (No response.) COMMISSIONER HENNING: Okay. So my second stands. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Mr. Klatzkow, if somebody was to ride an ATV in any conservation property at this point in time, is this ordinance insufficient to be able to prosecute them? MR. KLATZKOW: No. COMMISSIONER COLETTA: Okay. I'm trying to find out what is lacking here. I mean, this is -- we're playing a little exercise here that's nothing more than just a word game going back and forth. I would like to see us take a vote on the motion. And if it fails, I'm going to make approval (sic) to approve what's there in front of us. CHAIRMAN COYLE: Okay. All in favor of the motion made by Commissioner Hiller, seconded by Commissioner Henning to -- COMMISSIONER COLETTA: Continue. CHAIRMAN COYLE: Was it to continue this item? COMMISSIONER COLETTA: Yes. COMMISSIONER HILLER: For purposes of having the county attorney come up with plain language that makes clear that there will be no ATV or motorcycle use on Conservation Collier lands. MR. KLATZKOW: To the next meeting. COMMISSIONER HILLER: To the next meeting, right. CHAIRMAN COYLE: And this is going to be vetted through the Conservation Collier Committee? MR. KLATZKOW: No. I'm just going to come with the language. If you want that approach, then we're continuing this without a date. CHAIRMAN COYLE: Well, you know, are you trying to shortcut the committees that came up with this document? Page 140 October 11, 2011 COMMISSIONER HILLER: No. There's no attempt to shortcut, because the recommendation of the committees is before us today. We're acting on their recommendation. You're with the Collier Conservation Advisory Committee. You're here today. Is that acceptable to you in light of the county attorney bringing this back? And you'll have the opportunity, obviously, to review it when it gets posted to the agenda and, as well, have the opportunity to speak to it when it comes back here. MS. KARIM: Commissioner Hiller, as the vice chair of the committee, I personally have no objection to that. I cannot speak for the entire committee. COMMISSIONER HILLER: Obviously. MS. KARIM: We did approve this ordinance to be moved forward, and so that would be left up to the commissioners and the county attorney on the process, the appropriate process. I personally have no problem with this coming back if there is an opportunity for those concerned to at least have a look at the language, if that is via public comment at the next meeting or however you choose to do it. COMMISSIONER HILLER: And there would be that opportunity through public comment, and also you would get a copy of what the county attorney is proposing before it's brought back. MS. KARIM: In my personal opinion, not speaking for the committee, that would be fine, yes, ma'am. COMMISSIONER HILLER: Thank you. MR. WILLIAMS: Mr. Chairman, Barry Williams, Parks and Recreation director. I just wanted to make note, too, that this ordinance did go through and was approved by the Parks and Recreation Advisory Board. So certainly if you wish to send it back for clarification, we'd like to request, respectfully, that they be considered as well. CHAIRMAN COYLE: Yeah. I think that's only appropriate. Okay. All in favor of the motion, please signify by saying aye. Page 141 October 11, 2011 COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay. All those opposed, signify by like sign. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Okay. The motion fails with Commissioner Coletta, Coyle, and Fiala dissenting. COMMISSIONER COLETTA: Recommend -- okay. I'll make a motion to approve the agenda item as the staff recommended. COMMISSIONER FIALA: And I'll second it. CHAIRMAN COYLE: Okay. A motion to approve the agenda item as written by Commissioner Coletta, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It passes 3 -2 with Commissioners Henning and Hiller dissenting. Okay. Is it about time for you to take a break? Can you do something in nine minutes, County Manager? MR. OCHS: Well, Commissioner, I only have the one item left having to do with the habitat -- I mean the wetland credits at the airport property. I'm not sure that's going to -- CHAIRMAN COYLE: No. I don't think you'll make nine minutes on that. MR. OCHS: No, I agree. Page 142 October 11, 2011 CHAIRMAN COYLE: We're going to give you a break early on, okay. We'll be back here at 2:32. (A brief recess was had.) MR. OCHS: You ready, sir? CHAIRMAN COYLE: Yeah. MR. OCHS: You have a live mike. CHAIRMAN COYLE: Ladies and gentlemen, we're back in session. We're going to which item now, County Manager? MR. OCHS: We're going to 13A, sir. It was previously 16G2. And that -- as soon as I find it here on my sheet -- is a recommendation to approve utilizing $202,800 from Immokalee Airport Development Fund 497 to purchase 3.38 wetland credits from Southwest Florida Wetlands JV, doing business as Panther Island Mitigation Bank, required for the next phase of development at the Immokalee Regional Airport and associated budget amendments. This was moved to the regular agenda at Commissioner Hiller's request. COMMISSIONER HILLER: Before we start on that agenda item -- and I was trying to sort of, like, jump in before you got started -- I'd like to go back to the last agenda item that we just addressed, which is the ordinance for the preserve, the public's use of the preserve land, the one we just voted on, the Conservation Collier ordinance. I want to change my vote on that. MR. OCHS: Okay. COMMISSIONER HILLER: So I had voted no. I'm going to vote yes. So you just reflect it in the record that I'm changing my vote, and I assume that's all that needs to be done; is that correct, County Attorney? MR. KLATZKOW: Yeah, I believe that's correct. COMMISSIONER HILLER: Thank you. So just let the record reflect that. Thank you. Okay. Go ahead. You gave us the preamble. Did you want me Page 143 October 11, 2011 to talk to that issue? CHAIRMAN COYLE: Sure. Go ahead. COMMISSIONER HILLER: Okay, thanks. CHAIRMAN COYLE: Commissioner Henning, did you have yours on or not? COMMISSIONER HENNING: You keep on turning it off. I mean, I don't talk that much anyways. I don't know why you insist of CHAIRMAN COYLE: I'm asking you a question. Did you want it on or off? COMMISSIONER HENNING: Yeah, I would like it on if you want to hear what I have to say about this item. CHAIRMAN COYLE: Okay, all right. Do you want Commissioner Hiller to go first since she's the one that pulled it, or not? COMMISSIONER HENNING: Ladies always first. CHAIRMAN COYLE: Okay. Then that's what we're doing. Item #I 3A UTILIZING $202,800 FROM IMMOKALEE AIRPORT DEVELOPMENT FUND 497 TO PURCHASE 3.38 WETLAND CREDITS FROM SOUTHWEST FLORIDA WETLANDS JV (DBA PANTHER ISLAND MITIGATION BANK) REQUIRED FOR THE NEXT PHASE OF DEVELOPMENT AT THE IMMOKALEE REGIONAL AIRPORT, AND ASSOCIATED BUDGET AMENDMENTS - MOTION TO CONTINUE THE AGENDA ITEM AND DIRECT COUNTY STAFF AND AIRPORT AUTHORITY TO WRITE A LETTER TO SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT FOR CLARIFICATION AND BRING BACK — APPROVED Page 144 October 11, 2011 COMMISSIONER HILLER: Thank you. Very simply, this is a proposed purchase of wetland credits. And we have land that we have acquired that we're in the process of banking for purposes of both the wetland as well as panther credits. We have the ability to essentially get the Water Management District to approve a letter of reservation with the lands that we have that are not yet fully banked and not have to go out and buy these credits, and still move forward with the permitting. So I see no reason for doing this, so I'd like to make a motion to deny. COMMISSIONER HENNING: I'll second the motion for discussion. CHAIRMAN COYLE: Okay. Motion by Commissioner Hiller to deny. Second by Commissioner Henning. COMMISSIONER FIALA: Where's Commissioner Coletta? CHAIRMAN COYLE: I don't know. COMMISSIONER FIALA: This would be his subject. COMMISSIONER HENNING: Does the three have a -- want to wait so they get a majority? CHAIRMAN COYLE: No. I'm happy to go right now. COMMISSIONER HENNING: Okay. All right. Let's do it. CHAIRMAN COYLE: Okay. It was pointed out to me -- I met up with somebody at lunch, and somebody I really respect -- this is no different than Oil Well Road where we had a reservation for lands that the Colliers own. It wasn't a mitigation bank. The work continued based upon that reservation. Right, Melissa? MS. HENNIG: (Shakes head.) COMMISSIONER HENNING: I know you agree with me. So why can't we do the same and save $200,000 on, you know, conservation land where we're trying to get mitigation credits? And it's the airport's money. Page 145 October 11, 2011 MS. HENNIG: Principal environmental specialist, Melissa Hennig. I was making a motion to Len. But I do not know what happened with the agreement with Barron Collier and Oil Well Road. That was something between transportation, and it was a Southwest Florida Water Management District issue. I do know that I called Laura Layman with the district today, and I asked her about a letter of reservation. I asked her if we could use the credits for a project at the Immokalee airport, and she told me no. So that's what I know on the issue. COMMISSIONER HENNING: Who is this person? MS. HENNIG: Laura Layman. She's a Senior Environmental Analyst. She's a Permitter with South Florida Water Management District. COMMISSIONER HENNING: Okay. MS. HENNIG: If there is a process, I would love to know what it is, because that would be a wonderful thing. COMMISSIONER HILLER: And I had spoken to Clarence Tears, and specifically it was on the Oil Well, and he explained to me, as it related to that and more generally, that, yes, it could be done. CHAIRMAN COYLE: Norm, it's your turn. Your light is on. MR. FEDER: Mr. Chairman, thank you. For the record, Norman Feder, Administrator of the Growth Management Division. First of all, on Oil Well Road, Barron Collier, with Collier County as one of the applicants, was able to get credits, both wetlands and PHUs, by going through a process over five years to establish those credits. It did take them five years before they got the credits. We also got a lower price because, in part of the developer- contribution agreement in the subsequent interlocal, we had established a lower price for those credits when and if they were available on the wetlands. And as you know, on the PHUs, we had also said that we had hoped to get our credits done before them and -- October 11, 2011 on the panther PHUs, and, unfortunately, that did not occur. So that's hopefully explanation there. It does take a period of time to get those credits approved. We are continuing working with Conservation Collier, working with the clerk to try and establish the ability to get those credits here on some property we have with Conservation Collier land. COMMISSIONER HILLER: Can I respond to -- MR. FEDER: Please. COMMISSIONER HENNING: Let me -- what's the rush to get these credits for the airport? MR. TWEEDY: There is no urgency at this time except for the fact that this is a permit that's already been issued or permit modification, and it's a special condition of the issuance of that permit. There are no projects that are, you know, imminently going to be delayed at this point without going forward with this. It's just a matter of the fact that these credits were committed as a condition of the issuance of that permit. The Panther Island Mitigation Bank has committed, reserved those credits for us, and now, you know, it's time to make payment on that; however, there's no project impact at this moment. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Okay. Are you finished? COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Okay. Commissioner Hiller. COMMISSIONER HILLER: Yeah. Going back to the issue of the comparison to Oil Well Road, Commissioner Henning is absolutely correct. Barron Collier did not have the credits and, in fact, what happened was the permitting agencies allowed Barron Collier to essentially have a reservation on the credits that they were going to get, and it took years for them to get it. Again, we can do the same thing. It did not stop Oil Well Road from going forward. We could use our land to get those same Page 147 October 11, 2011 reservations and not have to expend 220,000 to buy something we don't need. We've got the ability to do it. It doesn't matter when we actually get banked. The fact that we're in the process and close to being banked is enough for these agencies to rely on that, just like they did in the Oil Well Road situation. Again, it is a waste of public funds. MR. OCHS: Commissioner, you just heard the staff say that they spoke with the representative that said, no, we can't get a reservation of credits at this time. COMMISSIONER HILLER: Well, I spoke to Clarence Tears, and we have an example of where it happened with the Oil Well Road. Barron Collier did not own the credits when they applied their future credits to the Oil Well Road permitting. Oil Well Road was able to continue, as far as development went, for years before their land was even banked. So again, you know, I'm going on what was done. I'm going on what I've heard from, you know, Mr. Tears. And I really don't understand. But I made a motion and there's a second, so you may want to call it and let the three other commissioners vote against my motion. And then, I guess, you know -- did you verify it, Leo? MR. OCHS: No, ma'am. COMMISSIONER HILLER: No? You just had staff do it? MR. OCHS: Yes. You heard from Clarence? Was that your source on that? COMMISSIONER HILLER: Yep, Clearance Tears. MR. OCHS: And he sits on our Conservation Collier Committee. He's never mentioned that. That's curious. COMMISSIONER HILLER: But he -- well, it's not curious. That's what he told me when I was addressing it with the Oil Well Road issue, because I could not -- and the other thing he told me is that when you get these credits, you know, we're not limited to Collier �" =_ g g October 11, 2011 County. He basically said that the, you know, wetland credits can basically come from, I guess, what he called the basin area. So whatever the basin is. MR. OCHS: Okay. Well, again, I will turn to Mr. Tweedy to tell you what the condition of their permit modification is as he understands it. MR. TWEEDY: As I understand it, it's specific to the Panther Island Mitigation Bank. Under Special Condition 22 it says that prior to commencement of construction in accordance with Exhibit No. 3.2, the work schedule in Exhibit No. 3.39, the permittee shall submit documentation from Panther Island Mitigation Bank that 3.38 freshwater wetland credits have been deducted from the larger -- the ledger of the Panther Island Mitigation Bank. So -- COMMISSIONER HILLER: But that's because you said you were going to buy it from them. MR. TWEEDY: Right, there would be -- COMMISSIONER HILLER: Not that there -- it's not a -- you're suggesting that this is like a condition that they've imposed on us. No, you've told them and they've adopted what you've -- MR. TWEEDY: Well, they have agreed to that. We would have to go back with our consultants and sort of renegotiate this, revisit this, and modify the permit again. There would be costs associated with that. COMMISSIONER HILLER: Well, I'm sure the savings of 220,000 will be far greater than any minor costs we might have to modify this permit to change the bank that we're going to be pulling these credits from. And the other thing is, when I was asking for the backup, I also saw that not only were we paying for wetland credits, but apparently we're also paying for panther credits, if I understood, you know, the responses to my questions correctly. And, again, that's not part of this, so why are we paying for stuff that we're, you know -- Page 149 October 11, 2011 MR. TWEEDY: As I understand it, it's not -- we're not paying separate for the panther credits. It's just an inclusion within purchase of these credits. COMMISSIONER HILLER: Well -- and I'll tell you, comparing the price of these credits to what we paid on Oil Well Road, on Oil Well on the wetland credits, I believe it was 48 a credit and now we're paying 60 a credit? I mean, this is not an increasing market. This is actually a depreciating market. So I can't understand -- I mean, there are just so many reasons for me to say no. MR. OCHS: Commissioner, just to refresh everyone's memory there, the deal on Oil Well Road, those were discounted costs. Those were not the market rate. CHAIRMAN COYLE: Okay. Here's my take on this thing. There is a prescribed procedure for getting credits, wetland credits or panther credits. You don't get them by talking on the telephone to somebody. Hey, do you think we can get these credits? Oh, sure, you can get them. If we could do that, then we could shortcut our permitting processes tremendously in everything we do here. It doesn't work that way. There's a prescribed procedure for getting these things done, and anybody can say anything they want to say here and represent anything they think they've heard, and it may or may not be true. So I'm going to vote in favor of this motion and see if it really does work the way Commissioner Hiller says that she thinks it works. So if she's right, great. It's really, really good. And so we've got a motion on the floor. MR. MITCHELL: Sir, we've one public speaker. CHAIRMAN COYLE: Okay. Who is the public speaker? MR. MITCHELL: Mr. Courtright. MR. COURTRIGHT: Marvin Courtright, resident. I want to start out by congratulating the gentleman here. I have known him for so many years back when the Airport Authority was Page 150 October 11, 2011 formed, when John Drury was here, and the gentleman is knowledgeable. And if you need an answer or want to discuss anything in regard to it, he's the man to talk to. So I'm happy to see him standing here today. And I'm happy with the direction this is going. CHAIRMAN COYLE: Thank you. So, Commissioner Fiala, you and Commissioner Coletta are next, and then Commissioner Henning. COMMISSIONER FIALA: He's first, I believe. COMMISSIONER COLETTA: Oh, you go ahead. COMMISSIONER FIALA: I just -- I had two comments. The first one is about the 48 versus 60. That's because we struck -- as we were negotiating with the Barron Collier Companies, they reduced their rate just for the negotiation purposes, and that was a good thing. But this is a different deal altogether. We can't expect everybody to drop their rates because they were dropped at that time as a point of negotiation. My second thing is, I -- you know what? Maybe I'm wrong in saying this, but it feels like -- it feels kind of like a witch hunt against the Barron Collier Companies, and I'm just flat out saying it. Rather than hiding around -- you know, it seems that every time they try and do something, it's thwarted because we don't want to see them move ahead, and -- or the benefits to the county and -- of some of these things. And it makes me feel very uncomfortable. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Well, I share some of your discomfort, too, but I do have some questions. Let's play the what -if game. Okay. We send this back to you to renegotiate. I guess that's what we're talking about, or to continue it till you get more information? What was it we were exactly looking for in the motion? CHAIRMAN COYLE: Well, the motion says just disapprove the request. Page 151 October 11, 2011 COMMISSIONER COLETTA: Okay. We disapprove it, and at that point in time you're back at zero, right? MR. TWEEDY: Correct. COMMISSIONER COLETTA: And so what's going to be involved as far as getting these credits? Because they're an increment part of the whole development, part of the airport. You can't go forward without them; is that correct? MR. TWEEDY: Correct, in Phase II and II -A. COMMISSIONER COLETTA: Okay. So if you're denied, them I'm not even sure you've got the permission to go back and negotiate. That would have to be spelled out in the motion. But let's just say you're denied the motion for today and you're told to go back and figure something else out. You have to go back, what, through the permitting process and do what? Just tell me what's involved. MR. TWEEDY: Go back to the permit -- to the district and request to modify the permit. It would involve further review, potentially more restrictive review, restrictive mitigation requirements, perhaps, and other requirements, and the additional cost and time of -- COMMISSIONER COLETTA: We don't even know those numbers of additional cost? MR. TWEEDY: No, we haven't had a -- COMMISSIONER COLETTA: We could speculate on them, but we do know we're going to incur a cost. We do know right now that we have a fixed cost on these mitigation credits of, what was it, 60 MR. TWEEDY: Sixty thousand per credit. COMMISSIONER COLETTA: Sixty thousand per credit. If we can save -- say we can save $10,000 per credit -- and there's what, two- and -a -half credits, is it? MR. TWEEDY: It's 3.38 credits. COMMISSIONER COLETTA: Okay. That would be about a Page 152 October 11, 2011 $60,000 savings, but the additional review and everything could be -- how long of a process would it be to get back to where we are now? MR. TWEEDY: I couldn't speculate on that. It could be -- you know, I wouldn't imagine it would be less than 60 days or so. It -- COMMISSIONER COLETTA: And you would have to, what, get the consultant back into -- MR. TWEEDY: Correct. COMMISSIONER COLETTA: And this would be over and above what he's already contracted to do? MR. TWEEDY: Correct. COMMISSIONER COLETTA: So we have no idea of what the level of success would be as far as achieving something with less expensive credits? MR. TWEEDY: Correct. And keep in mind, those 3.38 credits are not set in -- set fast in stone. That 3.38 credits in some other area would be the equivalent of the 3.38 credits for the Panther -- they're specific to that mitigation bank. So it may -- it's not really apples to apples. COMMISSIONER COLETTA: Well, what are other people paying for these credits from the same mitigation bank? MR. TWEEDY: That's the established price per the county contract. The county has a contract with Panther Island. COMMISSIONER COLETTA: Is this contract binding on us, or is it negotiable? MR. OCHS: No, it's binding, sir. COMMISSIONER COLETTA: Well, what are we going through this little exercise for? I'm not going to vote for the motion. MR. OCHS: I think the suggestion from Commissioner Hiller is, instead of trying to buy the credits on the open market from a private mitigation bank, use the -- COMMISSIONER COLETTA: Well, I understand that. MR. OCHS: They have to be permitted credits from your own Page 153 October 11, 2011 Conservation Collier land at Pepper Ranch and obtain the wetland credits that way, but it's not clear whether or not that reservation -- COMMISSIONER COLETTA: But we do know that at some point in time we will get those credits, and we do know -- hopefully. We expect we will. We don't know when that's going to happen. And when it does happen, it could be a long time from now, but we're always going to use those credits. There's not a case that these credits are going to go unused. They're a limited number, and they're going to apply them towards whatever projects are coming in the future. So I think what we're doing is a great detriment to the stability of the airport and everything that's trying to be accomplished. We've kind of painted ourselves in a corner on this one. If we go forward just to see if Commissioner Hiller's right, if she's wrong, she doesn't pay the price. The people that use the airport and the Immokalee community will be paying the price. I can't vote for the motion. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Commissioner Henning? Is -- do you have the project ready to go and being built, like Commissioner Coletta's portraying? COMMISSIONER COLETTA: I didn't say that. MR.00HS: No. COMMISSIONER HENNING: No. You're not putting anything in j eopardy? MR. TWEEDY: Not a set up, right. COMMISSIONER HENNING: I think the direction is -- is very simple. You know, write a letter to the agency asking if we can have in reservation the credit. I understand your concern that Panther Island mitigation is abutting and adj acing (sic) to the CREW lands; so is Pepper Ranch where we're trying to get the preserve. And, in fact, the Starnes property is right in CREW lands, if that explains and alleviates some of your fear. We're talking the same area. I don't see any harm in continuing it when they don't have a Page 154 October 11, 2011 project ready to go, to try to save $200,000. What's the harm? I think that's the whole thing, just, you know, write a letter requesting the board, can we -- instead of buying 3.38 credits from Panther Island, can we use a letter of credit in our established preserve area? COMMISSIONER COLETTA: I agree with you, Commissioner Henning, but that's not the motion. MR. OCHS: We could certainly -- COMMISSIONER HILLER: Well, I'll modify my motion. I'll say we deny this pending the response -- COMMISSIONER COLETTA: No -- COMMISSIONER HILLER: -- to the letters that you've got. COMMISSIONER COLETTA: -- "continue" is the word. COMMISSIONER HILLER: Or we continue the whole item, but that's what I wanted to do this morning, and everyone said no. COMMISSIONER HENNING: I know it. I know it. COMMISSIONER HILLER: Oh, my goodness, we've come full circle. COMMISSIONER FIALA: Come one. Let's come off of that. MR. TWEEDY: I could have been here this morning. COMMISSIONER COLETTA: Yeah, this is getting ridiculous. But, Commissioner Henning -- CHAIRMAN COYLE: It's all about who's right and who's wrong. COMMISSIONER HENNING: So the motion is -- CHAIRMAN COYLE: Is that the motion? The motion is to continue this? COMMISSIONER HENNING: Continue it. And the direction is, Commissioner Hiller, since it's your motion, would be direct county staff -- the Airport Authority, along with county staff, since it's your department that holds the conservation land, to write a letter to the district and ask if we can put a reservation on credits. You know, Page 155 October 11, 2011 show the map of where it is, show where Panther Island is, and so on and so forth. Just try to make it happen, and bring back the results. COMMISSIONER HILLER: I have no problem with that. CHAIRMAN COYLE: Okay, okay. We've got the motion. COMMISSIONER HILLER: I want to keep -- I want to make a few comments. CHAIRMAN COYLE: You don't want me to call the motion then? COMMISSIONER HILLER: Well, no. If I can make a couple of comments first. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER FIALA: I was next. CHAIRMAN COYLE: Oh, were you? Okay. Commissioner Fiala gets to talk. She doesn't talk that much. COMMISSIONER FIALA: I think that's a good motion, and it's something that we can accept. Thank you. COMMISSIONER HENNING: You have to tell Commissioner Hiller. It's her motion. COMMISSIONER FIALA: No, you just made it. That's the one. COMMISSIONER HENNING: No. CHAIRMAN COYLE: He restated Commissioner Hiller's motion, but he second it. COMMISSIONER FIALA: Okay. And I want to make sure that we hear from Clarence Tears, because it's been stated what he said, and I'd like to hear it from him as well before we talk about this again. So, Clarence, if you're listening, we want to hear from you as well. Thank you. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. Commissioner Fiala, what does this have to do with Barron Collier? Barron Collier is not even involved in this discussion. CHAIRMAN COYLE: We're not dealing with that. Page 156 October 11, 2011 COMMISSIONER HILLER: No, no, no. I want to -- CHAIRMAN COYLE: Commissioner Hiller, we're not going to get into another argument. COMMISSIONER FIALA: Whose phone is that? COMMISSIONER HILLER: I don't know whose. It sounds like yours. COMMISSIONER FIALA: I don't have a phone. Oh, you know what? They gave me a phone. They did. COMMISSIONER HENNING: Who's they? COMMISSIONER FIALA: It's mine. COMMISSIONER HILLER: I would like to address this. I have a concern, okay? And my concern is maybe this does have something to do with Barron Collier. Does -- is Panther Island a Barron Collier bank? COMMISSIONER HENNING: They sold it. COMMISSIONER HILLER: So this actually does have to do with Barron Collier? COMMISSIONER HENNING: They sold it. COMMISSIONER HILLER: They sold Panther Island to? COMMISSIONER HENNING: That's my understanding, somebody on the east coast. CHAIRMAN COYLE: I don't know. It makes no difference who it belongs to. COMMISSIONER HILLER: Well, it does make a difference, and the reason why it makes a difference and why I want to bring this up is because, you know, we're going back and forth on the prices and who's stating prices, and when we were talking about Oil Well Road, Panther Island was one of the bidders that Mr. Ahmad presented on the panther credits, and it was 900 bucks as opposed to, I think, 1,200 from Panther Island. But if Panther Island, in fact, is Barron Collier, then was Barron Collier bidding on Oil Well Road, on the -- you know, so that they Page 157 October 11, 2011 would have gotten it either way? I mean, I'm -- stuff is coming out here that I would like more answers to, and I'd like them from you, Leo. Another statement you made is that the contract already exists, that you already signed a contract, or is it just a standing -- MR. TWEEDY: No. The county has a -- COMMISSIONER HILLER: The county has a standing contract, and we're basically -- MR. TWEEDY: Correct. COMMISSIONER HILLER: -- drawing down on what already exists. MR. TWEEDY: Correct. COMMISSIONER HILLER: What does that contract provide? Does the contract say "as needed," or are we -- have we committed to purchase so many credits? CHAIRMAN COYLE: It's in Section -- COMMISSIONER HILLER: I know. I want him to state it. CHAIRMAN COYLE: Well, it would be nice if you'd read the backup material -- COMMISSIONER HILLER: I did. CHAIRMAN COYLE: -- rather than spending all day -- well, you'd know it was here if you'd read it. COMMISSIONER HILLER: I'd like him -- please stop, Commissioner Coyle. You're getting really tiring. MR. OCHS: What was the question? CHAIRMAN COYLE: You can fool some of the people, but you can't fool all of them. COMMISSIONER FIALA: Come on. CHAIRMAN COYLE: Okay, go ahead. MR. OCHS: What was the question again? I'm sorry, I got a little -- COMMISSIONER HILLER: I'm sorry. Commissioner Coyle Page 158 October 11, 2011 won't let me finish. CHAIRMAN COYLE: She wanted to know what's in the contract. COMMISSIONER HILLER: I would like to -- no, not specifically with respect to this contract. MR. OCHS: Right. COMMISSIONER HILLER: The contract with Panther Island, do we have a standing contract with them that says we are going to acquire, you know, a lump sum, and then we draw down and we have an agreed price? I mean -- or is it -- or do we only have a limited contract for the, you know, 60,000 for these three acres, or three credits? MR. OCHS: Commissioner, we go out to bid every couple of years for work into the private marketplace for credits for wetland and panther habitat, and these were -- Panther Island was the lowest responsive bidder in their pricing. COMMISSIONER HILLER: So we have a standing -- or we have -- what do we have -- MR. OCHS: We could purchase those -- any of the agencies -- COMMISSIONER HILLER: Do we have an exclusive with Panther Island for all these units, and then we have to go to them and we have an agreed upon price with them? I mean, what's our arrangement with them? MR. OCHS: Yes. Yes, we have a contract. You awarded a contract to them as the lowest responsive bidder. COMMISSIONER HILLER: For all the credits for the county on any of -- any project coming forward? MR. OCHS: Yes. COMMISSIONER HILLER: Okay. And this is basically a drawdown, you know, against that overall umbrella contract? MR. OCHS: My understanding is the Airport Authority, just like any of your departments doing a construction project that would Page 159 October 11, 2011 require that mitigation, is buying off of this preapproved contract, the credits that's required. COMMISSIONER HILLER: Because this contract is a limited narrow contract for this particular project for this amount with them. But what I'm understanding you say, there's a -- I'd like to see -- MR. OCHS: A larger agreement, yes, ma'am. COMMISSIONER HILLER: I'd like to see the larger agreement, please. MR. OCHS: Sure, sure. COMMISSIONER COLETTA: Question? I think I'm next. CHAIRMAN COYLE: Yes, you're next. COMMISSIONER COLETTA: County Attorney? MR. OCHS: I pulled it out of backup, Commissioner. COMMISSIONER HILLER: What? MR. OCHS: That contract is in the backup. COMMISSIONER HILLER: The big one? I didn't see the overall one. I just saw the contract on this project. MR. OCHS: I'll pull it out for you. COMMISSIONER HILLER: Yeah. I might have missed that. COMMISSIONER COLETTA: Okay. County Attorney, I caught one of your assistants shaking his head in some sort of disagreement. I'm sorry, I did. Would you please comment? Maybe you might -- you might be right on top of this and shed some light on it. MR. WILLIAMS: Again, Steve Williams, County Attorney's Office. Not in disagreement. And just going through the backup -- this was my item for review -- Panther Island is owned by the group, as mentioned, out of the East Coast. One in Pembroke Pines, one in Lake County as well, and the contract I had reviewed when it came through as well. It's a $60,000, as Leo was saying, fixed fee. There's no drawdown concept. That's the price that was RFPed, or however we want to phrase it, and it's there until we need to use the three up Page 160 October 11, 2011 until it goes out to someone again. So that's the one I reviewed a week or two ago, and I hope it's in your backup. COMMISSIONER COLETTA: Are we obligated to buy them, or can we get them from somebody else? MR. WILLIAMS: No. The contract is with them for the credits. COMMISSIONER COLETTA: Okay. So, I mean, we can go out and take a review with -- using our own -- we can't even use our own credits? MR. WILLIAMS: I'm not saying that, no. If we're using credits, it's with them. I'm not going into the reservation issue. COMMISSIONER COLETTA: Okay. So from my understanding of the motion, is we're going to continue it to get clarification from Clarence Tears and to be able to also direct staff to write a letter to, who was it, Water Management -- MR. WILLIAMS: Yes. COMMISSIONER COLETTA: -- to be able to see where we were and be able to use our own credits. That I don't have a problem with. I do have a problem with anything that says to deny and make him go back to zero. CHAIRMAN COYLE: Okay. We've got a motion on the table. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER FIALA: That's the motion that Commissioner Henning repeated? CHAIRMAN COYLE: The restated motion that it would be continued pending this request of Clarence Tears or South Florida Water Management District to see if we can get a reservation for our own mitigation bank. Page 161 October 11, 2011 COMMISSIONER HILLER: And -- CHAIRMAN COYLE: Okay. All -- COMMISSIONER HILLER: We already voted. CHAIRMAN COYLE: How about those who are opposed? Anybody opposed to that? (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. MR. TWEEDY: Thank you, Commissioners. COMMISSIONER HILLER: I'd like to also ask -- and, you know, I'd like clarification on this contract that we have with Panther Island to make sure that we haven't put ourself in a position where we can't use our own credits through reservations and that the wording of our contract doesn't preclude that with Panther Island. MR. KLATZKOW: Okay. COMMISSIONER HILLER: Thank you. Because obviously that would cause us a problem. Item #14 PUBLIC COMMENTS ON GENERAL TOPICS COMMISSIONER HENNING: What have we got, public comment next? MR. OCHS: Yes, sir. CHAIRMAN COYLE: Yeah, I think we do. Do we have -- MR. MITCHELL: Sir, we have no public comments. COMMISSIONER HENNING: Oh, too late. CHAIRMAN COYLE: Oh, guess what? COMMISSIONER HENNING: You have one now. MR. MITCHELL: We do, yes. It's Mr. Fee. MR. FEE: I'll be very brief. My name is Doug Fee. I'm kind of glad that you asked for public comment right now. Page 162 October 11, 2011 What you have in front of you is a suggestion from me from the public if there is any way that we can have something in this room that tells us which agenda item is next so that the public here knows what order -- and I know you guys do a great job in approving agenda at the beginning of the meeting; however, towards the end of the meeting you have a lot of items that have been pulled from the consent agenda that the public is aware of but not necessarily knowing what order it's going to happen. I'd just like to suggest -- you know, you'll go into a shop, and they'll have like a red screen that flashes the agenda items. So what we had today was we had 8E and then we went to 8E, which was prior agenda Item 17D, and then we went to 13A, which was prior agenda Item 16G2, and then we went to 14. And just from the standpoint of when somebody has to turn in their slip, it's difficult for the public to know what's next. And so I'm just trying to make a suggestion that might help people in the audience to know what's up next. And I don't know if you do it on the monitor, if you do it on some other screen, but that would certainly help. It's just a suggestion. Thank you very much. COMMISSIONER FIALA: You know, that's a great suggestion. Not only that, but it -- with the television audience trying to tune in later on, it might help them to figure out which part they wanted to watch. COMMISSIONER HENNING: But we never know when those items are next. That's the problem. I think putting the change list on the outside would help the public. That is confusing. And, in fact, when we have changes on the dais, it's confusing to me to keep up -- CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER HENNING: -- but I think it's a good idea. COMMISSIONER COLETTA: That would help maybe, but I understand what you were saying. Excellent idea. Even if it could be Page 163 October 11, 2011 nothing more than with a marking pen put on a piece of paper what the agenda item is and let it appear on the screen, it would help the people in here. I'm not too sure; maybe IT might be able to figure out how they could have some sort of postscript at the bottom of the screen telling what the agenda item is that's up, and maybe the upcoming one, the next one. Excellent idea. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COYLE: Okay. We're going to -- COMMISSIONER HENNING: Communications. CHAIRMAN COYLE: -- communications. County Manager, what do you have? MR. OCHS: Yes, sir. One quick follow -up item, if I may. On September 23rd this board held a workshop with the now former Economic Development Council. You heard a presentation from a consultant on a go- forward plan to improve our economic development efforts in the community. Concurrent with that, I'd presented to the board a read -ahead earlier that week that presented my understanding of what that consultant recommendation was recommending for the role for county government, and it essentially involved two staff positions. One is a full -time economic development director that would work for me and then one technical staff person to field the referrals that were coming down from the State of Florida and help with the processing of applications for incentives that the board currently offers in the -- your incentive program. I believe I got general endorsement from the board, but you can't make an actual decision at a workshop, and I just wanted to make sure that at least the majority of the board was still wanting me to move Page 164 October 11, 2011 forward in that regard or, as an alternative, if you wanted me to slow that process down pending some information that would be forthcoming from the private sector that provided some follow -up on what they're doing to develop what I understood to be the two private- sector components of the plan, that being the successor private organization to the old EDC, and then this concept of a regional economic development group, again, that would be run by a private or not - for - profit entity. You've got, in my view, kind of two choices. We've already hired on a full -time temporary basis one of the staff members from the former EDC who is skilled in fielding these referrals from the state. Mr. Jackson has stepped out, as you know, from the half -time responsibilities that he took on collateral to his full -time duties as Bayshore CRA director. So right now we are continuing those responsibilities as kind of a team transition within your Growth Management Division using Nick and Jamie French and Amy Patterson and now Beth Sterchi. We can continue to do that for a while till this board has some comfort in what the private sector is going to do, or we can move forward and advertise and recruit for the full -time economic development staff position that I had proposed to you the week of that workshop. I just didn't want to get ahead of the board. I wanted to make sure that I had some formal direction instead of just some nods that I received from a few of you at the workshop, since you really can't take official action there. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Leo, I really think we need to keep moving forward. The private sector's going to get involved. But what I suggested, one element that's missing from this whole thing is we've got a conceived direction at this point in time that's extremely loose. We know some of the things that are already in place, which has to do with the small economic incentives that we Page 165 October 11, 2011 have in place, and we can administrate them without any problems at all. The rest of the mechanism to keep moving this forward, at least on the county's end, is lacking, and we're not going to be able to put it together here today. What we need to do is to be able to -- my suggestion would be to put together a board of -- an advisory board of very qualified people that could help with this direction and put into the public process to offer transparency to it and to get the public's input to be able to move it to the next level. CHAIRMAN COYLE: All right. Commissioner Henning? COMMISSIONER HENNING: To directly answer your question, I believe when you create a position, a new position within the county, you need to bring it to the board through an executive summary. MR. OCHS: Yes. If we establish a new job title on your pay plan, yes, sir, we bring that forward for approval. COMMISSIONER HENNING: And is that what you're asking today? MR. OCHS: No. We have -- we would bring -- if you want me to go ahead and begin the recruitment, yes, I would bring back the job description and ask you to slot that into your pay plan as we move forward with the recruitment. COMMISSIONER HENNING: Yeah, that's what I want. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: And I echo that. I think that -- I did a show the other day, and one of the questions was, Are we business friendly ?" And I think that this would be a move toward extending a hand of business friendship as we want to move forward, and I think it's much needed in this downed economy. If we take a stand now and start with this, I think it's going to help all of us. We'll be in a position, as our economy recovers, then to possibly attract some of the businesses to the community, and Nick working with him, he'll make Page 166 October 11, 2011 sure that it's easier for people to come in and get their permitting and zoning and so forth. So I think it should be a cooperative effort, and it starts here. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I think this needs to be brought back. It's not on the agenda for today. I don't think we should be voting on something that the public, you know, has not had the opportunity to review and address. You know, it should be an agenda item, there should be full backup, and it should be, you know, publicly vetted. CHAIRMAN COYLE: You were wise to perceive that there wasn't unanimity of support here, County Manager. I -- you're looking for some kind of guidance, and I'm not going to make you wait another two weeks or month so you could get some guidance from me, at least. But I think there is a tendency to look at economic development activities as a single layer, as something that is just done by the economic development organization, and that's not the way it works at all. There are things that you're doing right now that are good, really, really good, and they're producing jobs and they're attracting more companies, but nobody knows much about them. You can continue doing that, and I'm talking about -- well, it's us and you -- the redevelopment agencies. The result of redevelopment activity in Immokalee over the past three years has just been amazing. They've created -- they've created over 1,200 jobs, lots of new businesses out there. Some of that has begun to happen in the Bayshore redevelopment area. Nick and his activities have been successful in removing some obstacles. I would suggest you keep doing that, try to find out more things, solicit from the business community what their biggest obstacles are, and continue to do that. We should continue to do the things like we did before, which Page 167 October 11, 2011 was eliminate the incremental impact fees on existing commercial buildings, and we should probably make that broader. So the more ideas you can get from the business community, we can do those without any increase in funding, and probably with just marginal increases in staffing. So having said all that, here's my real concern. We need to be careful that we don't get too far out in front of this effort. We understand that the private sector has committed to participate and provides support, including incentive funding and other things. And in order to be really successful across the whole spectrum of economic development activities, we need the private sector, and we need them to be in lockstep with us. And if we're way out there in front and they haven't followed up and we don't have those private investment opportunities to support our activities, we are going to fail. And so I want to make sure that we move forward with this effort in lockstep with the private sector. They've got to be our partners every step of the way. Now, we can continue to do all the things you're doing already, and those have been successful, not on a huge scale, but there's success everyplace. So -- but to get something different and larger, perhaps, increase the volume, we need the participation of the private sector. And it's probably too early yet for them to have much of that done, so I think we're going to have to wait for them for a while, okay. I don't know if that's helpful to you, but at least that's my take on it. MR. OCHS: Okay. I'm counting the three that want to move forward with the recruitment for the two positions and two that aren't quite there yet, so -- unless I'm misreading this. COMMISSIONER HENNING: No, you're fine. CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: That's the simplest way. CHAIRMAN COYLE: Okay. .: October 11, 2011 COMMISSIONER FIALA: Yeah. And I just -- let me just say -- just to work off what you've just said. And it's important for us, I think, to work closely with the business community as we try and move forward. There's going to be a lot of steps to go in order for you to hire anybody anyway. I mean, we first have to bring this back, and we have to -- we have to -- you know, the RFPs and so forth. It's not going to be a quick job. But I think that we need to be working with them, finding out what they even need. What do you think we need to do in order to assist or in order to help drive this car forward to establish a better business relationship, to attract businesses, to be an attractive place for businesses to want to be a part of this community? What can we fix? What isn't broken and we can expand upon? And -- but these are all things -- just as Commissioner Coyle was saying, these are all things that we're going to learn from the business community, and we need to be working in close partnership with them as we move forward. CHAIRMAN COYLE: Okay. I think your count was fair. MR. OCHS: Yeah. I will bring back an item at either the next meeting or the following meeting that has job descriptions and position classification slotted into proposed pay plan areas and an outline of what I believe are the primary duties and roles and responsibilities, and we'll go from there. CHAIRMAN COYLE: Okay. Now, while you're on this topic -- and I'm just going to jump out of order here with respect to communications because it pertains specifically to this issue. Recently I'm sure we all read in the newspaper where Governor Scott has suggested that the Chicago Mercantile Exchange is, perhaps, looking for a new home. He believes they're going to go to Texas or to Florida. And he -- he believes that the chairman of the exchange has a home here in Naples. And I think we need to tell Governor Scott that we like his idea and we'd like to know what we can do to help. COMMISSIONER HENNING: Amen. Page 169 October 11, 2011 CHAIRMAN COYLE: And so I've prepared a letter, if you will direct me to send it, that essentially says, or will say, on behalf of the Board of County Commissioners, we'd like to encourage your efforts in getting the Chicago Mercantile Exchange located here in Collier County, and we've -- we're supportive of your efforts and foster job creation in the state, especially in our region, encourage you to let us know how we can be of service to facilitate this relocation effort. That's supposedly 2,000 jobs, and they're all pretty high - paying jobs. COMMISSIONER HENNING: And just don't bring the protesters with them. CHAIRMAN COYLE: Yeah. Well, they might -- I think they're beginning to arrive already. They're in Fort Myers, and they're going to be here, I think, later this week, so it's going to be interesting. But if you will authorize me to send this letter, then I will get it out. COMMISSIONER HENNING: Make a motion that Commissioner Coyle send the letter as read. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: All right, thank you. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. Any opposed? (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. Okay. That's it for you. How about County Attorney? MR. KLATZKOW: Just a cleanup item. Early in the meeting Page 170 October 11, 2011 Commissioner Hiller asked to change her vote. What I should have asked the board is if anybody had any objection to that, because that really is the proper procedure. If no one has any objection to that, then the vote is changed. If someone does object to it, the vote is not changed. COMMISSIONER FIALA: I forgot what subject it even was. MR. KLATZKOW: It was the subject on the preserve. CHAIRMAN COYLE: Yeah. The -- well, I'll tell you, my reaction to that is that Commissioner Hiller didn't change her vote because she really changed her mind. She changed her vote so she can bring it back for reconsideration. MR. KLATZKOW: You would need three for that anyway, though. CHAIRMAN COYLE: Three what for that? MR. KLATZKOW: Votes to bring it back. CHAIRMAN COYLE: Yeah. Well, you know, I just -- I just don't like those kinds of games. If you agree with something, you vote for it. If you don't agree with it, you vote against it, but if you'd asked me, I would have voted against the change. But it's already been done, so I'm not going to make a big deal of it, okay? COMMISSIONER FIALA: Sometimes, with me, for instance, I'll vote for something, and then the more I think about it -- and maybe I've met with somebody from the audience, and all of a sudden I realize I didn't maybe have all of the facts and I need to -- I would love to change my vote. I understand that. So I can understand why you'd want to. CHAIRMAN COYLE: You'll soon find out why. Okay. Nothing more for you? MR. KLATZKOW: No, sir. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I have a number of things. The first thing is I'd like a follow -up on the public- records request for Page 171 October 11, 2011 all the EDC documents. I want to know, you know, where they are. I want to see them. Commissioner Henning had, I think -- I don't know. I can't quite remember how that went, but you -- I don't know if you directed staff to get it or the county attorney to get it for us. And I want to see it. I want to make sure we have everything. I had heard that there -- that the hard drives for the EDC computers had been wiped clean by, I guess, the vice chair of the EDC, or so it was communicated to me by email. I don't know what that means with respect to the information, if we are going to get everything, if it's going to be complete. So, anyway, I want to see it. And I want to know where we're at. COMMISSIONER HENNING: I don't have it. COMMISSIONER HILLER: You don't have it? COMMISSIONER HENNING: No. COMMISSIONER HILLER: They didn't give it to you? COMMISSIONER HENNING: No. We directed the county attorney to get it. MR. KLATZKOW: We have a copy of the financial documents that the EDC submitted to us over all the years in support of the funding that they requested from us. I have all that, and I know the Clerk's Office has probably duplicate copies of everything that I have. And, of course, through our own server, we have copies of whatever emails that went back and forth. It is the EDC's position that any other document is outside the purview of a public record. COMMISSIONER HENNING: That isn't what the agreement says, though. MR. KLATZKOW: The agreement refers to the financial records. It doesn't refer to everything. COMMISSIONER HENNING: A checkbook, canceled checks, things like that, statements. MR. KLATZKOW: We can get that. But if we're asking for everything they had, that you're not going to get. Page 172 October 11, 2011 COMMISSIONER HENNING: Financial records. COMMISSIONER HILLER: Yeah, all the financial records. And, you know, I'm not sure I agree with you, because -- and we had briefly spoken about this. You know, in effect, they were agents of the county. MR. KLATZKOW: I'm not making a legal opinion. COMMISSIONER HILLER: Oh, I'm sorry. MR. KLATZKOW: What their opinion is. COMMISSIONER HILLER: Thank you, thank you. No, I appreciate your clarification. I do believe that, you know, they were acting as agents of the county. In fact, we have an ordinance, the fast -track ordinance, which specifically described them as our agents, that they were going to define which industries would qualify for fast tracking, and then they would select and approve the businesses that would qualify. So I don't think that they're exempt from public- records laws. And I know they would like to be, but I don't think they are, and I think there will be a problem with that. So I would like to see what you've got so far. But I'm not satisfied that that's only what we're entitled to. The other thing that I'd like to mention is I agree that if the Mercantile Exchange were to come here, it would be a big boon to Collier County, specifically because we have skilled labor qualified to work with that type of business. You know, we have a very strong financial - services industry presence, and there has been quite a lot of unemployment. So to the extent that they're not able to relocate as many people as they would like, we would, I think, be able to provide a labor pool of, you know, very talented financial- service professionals that could likely work for that business. The other thing I would like to address is the issue of the NCH, HMA ambulance receivable. I really would like that to be brought Page 173 October 11, 2011 forward as an agenda item. I want to know what's going on, you know, how much is outstanding, why there is anything outstanding. It's an issue which, you know, has not been addressed. And I would like to have all the information on that. I have separately sent an email to Leo requesting all that information. I want to know what's going on. And then, lastly, I also want to know what's going on with the Blocker litigation. I requested a copy of the docket, and I see, you know, there is a lot going back and forth. In fact, when I asked the county attorney for the information on that case, I got information not only pertaining to this year but, you know, going back. And, quite frankly, I'm astounded at how much is going on with respect to this litigation. I mean, I'm going to introduce it into the record. There's 40 pages here, and that's shocking that we're going, you know, so aggressively against this particular -- MR. KLATZKOW: No, that's not -- no, no, no. Oh, no, no, no, no. COMMISSIONER HILLER: No, we're not? MR. KLATZKOW: No, no, no. What's going on in the Blocker litigation is that they are -- they are fighting this in a fierce manner, and they're also delaying the tactics because they believe that there may be a changeover in the board, and if there's a changeover in the board, then there may be a change in the board's position on the litigation. COMMISSIONER HILLER: But that -- MR. KLATZKOW: So I have the -- I have the -- COMMISSIONER HILLER: But they're going to file -- oh, go ahead. MR. KLATZKOW: I had the prior attorney all of a sudden say, well, I'm going to walk away from this lawsuit, I've got a new attorney in there. He wants to start from day one, he wants to recuse the party -- the current judge. Page 174 October 11, 2011 It's a delay tactic, everything being thrown at us, all right, which is fine. I understand that. If you have any questions about the Blocker litigation, you are welcome to come upstairs and talk to Jackie Hubbard. She'll go through the whole thing A to Z on you. But it is not the county attorney who's filing motion after motion after motion after motion on this. No, we want to get this done quickly. It's the other side fighting on this. COMMISSIONER HILLER: Let me ask a question. Aren't we -- I don't think this has anything to do with a change in the board in any way, because my understanding is, isn't this set for trial? When is this set for trial? MR. KLATZKOW: I don't believe it's been set for trial yet. COMMISSIONER HILLER: There's no trial date? MR. KLATZKOW: Not to my knowledge. COMMISSIONER HILLER: Okay. I thought it was coming up. I thought they were -- I thought it was headed to trial. I mean, I could be wrong. I guess I don't understand -- I mean, does the county want this property? Does the county want the Blockers' property? I mean, because if the county wants the Blockers' property, why aren't we just taking it? Why don't we just pay them fair - market value and take the property? I'm just curious. CHAIRMAN COYLE: Why are we talking legal strategy -- COMMISSIONER HILLER: Well, it's not -- this is not a legal strategy. CHAIRMAN COYLE: Sure, it is. COMMISSIONER HILLER: No. It has nothing to do with legal strategy. I mean, we're talking -- I mean, a taking -- you know, saying that we would take the property as opposed to engaging in this, you know, foreclosure action on this lien -- I mean, I'm just wondering what we're really doing and why. MR. KLATZKOW: We're enforcing our codes is what we're Page 175 October 11, 2011 doing pursuant to board direction, all right? We have liens in hundreds of thousands of dollars at this point in time. We're enforcing those liens on the property, all right? You have your residential use and industrial -zoned property, and the board direction has been to pursue those liens to foreclosures. COMMISSIONER HILLER: Yeah. But you see, that's what doesn't make any sense to me because, you know, there's a process in place, that SIP process, which should allow them -- MR. KLATZKOW: No, ma'am. That's been litigated and lost by them. Okay. This is not the SIC. This is a GMP issue and it's a zoning issue. They are the only ones in the -- COMMISSIONER HILLER: But they're grandfathered. MR. KLATZKOW: They are the only ones in Immokalee that have this problem. They're industrial property, they've been industrial property since the '70s, and they're running a residential use. That's what the case is all about. COMMISSIONER HILLER: Yeah. It just doesn't make any sense to me. I mean, this property abuts the airport. I mean, it seems to me that the county just, you know, wants that property. So why not take it? CHAIRMAN COYLE: Okay. Anything else? Excuse me. Is that all? (No response.) CHAIRMAN COYLE: Commissioner Fiala? Okay. I guess that's all. COMMISSIONER FIALA: I'll try and get on a little more positive note. You were talking about the letter to the governor, and I thought, my goodness, there might be a perfect place for this. If we were trying to suggest a wonderful place -- CHAIRMAN COYLE: The Naples Daily News. COMMISSIONER FIALA: -- to settle -- huh -- it would be Sabal Bay. There's 2,000 acres there. They're just -- they're going Page 176 October 11, 2011 through the permitting process. They could change that thing around. They could build a facility there, because there's plenty of room. They've got Rattlesnake Hammock that can take them right out to Davis Boulevard to I -75. They're close to the beaches. They're close to shopping. They've -- for the higher -ups in there, they're right close to Treviso Bay, and they could buy houses in there. You've got -- they're surrounded by workforce housing for people who are looking for jobs to not only maintain the place and mow the lawns, but maybe learn a better trade and improve their skills and so forth. I just think it would be an ideal location, and I would have a feeling that maybe the developer who has that property would probably consider something like that. CHAIRMAN COYLE: Yep. COMMISSIONER FIALA: So that's my idea of the day. CHAIRMAN COYLE: Good. That's wonderful. COMMISSIONER FIALA: Thank you. That's all. CHAIRMAN COYLE: Okay, all right. I just have one other item. The controversy concerning the DAS decision continues unabated, and I know that steps are being taken to gather all the facts. In fact, you have already produced a report concerning that. And there is a meeting of the advisory board of the DAS on the 18th at 6:30 p.m. And in preparation for that meeting, I would like to encourage the commissioners to provide some clarification concerning our expectation of the enforcement of the animal - services laws. There seemed to have been some misinterpretation that we didn't really want to take a firm hand in enforcing some of our laws, that we preferred education. And I think that is partly true. We prefer education under normal circumstances. But I would urge us to take a zero - tolerance position when it comes to the death or injury of pets or animals. Page 177 October 11, 2011 And if we could clarify our intent to the staff today and then have that -- let the staff have that meeting on December the 18th, which is a public workshop, and gather input from people as to how they best implement that policy, and then they could come back to us at the subsequent BCC meeting and ask for our approval of the procedures that they would intend to implement. So I know in the past staff is reluctant -- not just in DAS, but in other areas of the county, they're reluctant to take too many liberties with respect to our rules, because all too frequently they've been slapped on the hand or maybe upside the head when, perhaps, we thought they went too far, and so I understand why staff is sometimes cautious about that, and they need to have clarification of the guidance. So essentially all I'm saying is that, yeah, we need to educate people. They need to understand how to properly care for animals. And -- but when it -- when there is death or injury of animals because of misconduct by their owners, we need to act decisively and let people understand we will not tolerate it at all. And so with that, Commissioner Henning? COMMISSIONER HENNING: Yes, thank you. I'm working with the county -- County Manager's Office on trying to get an understanding what happened, and what he forwarded to me is -- I asked for ordinances or any other instrument on what happened at the Perkin's property. What was forwarded was minutes. The understanding from staff, a -- from a comment that Commissioner Coletta made on the tethering, he wanted to give some lenience in education, the tethering of the ordinance. Tethering is, you know, chaining and that. It has nothing to do with kenneling, okay. Furthermore -- and I have a letter to the editor, if Jeff Lydle will ever print it. Furthermore, state law -- CHAIRMAN COYLE: He won't now. Page 178 October 11, 2011 COMMISSIONER HENNING: State law says, action by the board shall be by ordinance or resolution proclamation. You know why? So the county manager can strictly enforce the board's ordinances, resolutions, contracts, and so on and so forth. It was clear. We passed an ordinance. It had zero leniency, zero leniency. And I would hope that the county manager will enforce the board's -- I entrust him to enforce the board's ordinances and resolutions. So if somebody wants repose at more lenient than what the board passed, we don't have to take any action. Anyways, minutes are somebody's opinion. It just preserves a record. The action is by the board by instrument. COMMISSIONER HILLER: Yep. COMMISSIONER HENNING: Okay. Thank you, Commissioner. CHAIRMAN COYLE: I don't know whether you support or object to my suggestion. COMMISSIONER HENNING: No. We don't have to take any objection. We do not have to take any objection. If staff or the public wants us to change -- and I don't think that they do -- of making our ordinance, our animal - control ordinance less lenient, I don't think any change needs to be made. CHAIRMAN COYLE: I didn't say anything about making it less lenient. I said it should be -- we should have a zero tolerance. COMMISSIONER HENNING: We have a zero tolerance. CHAIRMAN COYLE: Well -- COMMISSIONER HENNING: And it's in the ordinance. It is a compliance ordinance. It gives out details that is -- there's no leniency there. There's no educational (sic), like was perceived. There's no warnings -- well, there is warnings. But when you're talking about in case of a death of an animal or something like that, there's no -- there's no, well, here's a pink slip, don't do it again. It's not in there, okay? Page 179 October 11, 2011 CHAIRMAN COYLE: Well, it's just sort of like the ATV issue. COMMISSIONER HENNING: What's that? CHAIRMAN COYLE: It's sort of like the ATV issue. It's in there. We just want to reinforce it, right? Okay. Commissioner Hiller. COMMISSIONER HILLER: Actually, it isn't like the ATV issue, because the ATV issue is not clear; whereas, the animal - protection ordinance is clear. There is no ambiguity. The word that's consistently used throughout that ordinance is shall, shall, shall, shall, shall. There's no opportunity for, you know, voluntary compliance or education or options to, you know, improve, and then if you don't improve so many times, then, you know, maybe, you know, we'll slap you on the wrist, and, you know, who knows to what degree. No. It says, you shall not do this, you shall not do that, or you shall do this, you shall do that. It's pretty clear. And I agree with Commissioner Henning, unless someone wants to make it a more lenient ordinance, you know, you have a very strong ordinance in place. You have very weak enforcement, and that's where the problem is. The issue is not with the law. The issue is with the enforcement of the law. COMMISSIONER HENNING: Commissioner Coyle, let me forward you the email from the county manager so maybe all the commissioners would get an understanding where the confusion came from enforcing the ordinance. CHAIRMAN COYLE: Well, I -- COMMISSIONER HENNING: And they even highlighted it out for me. CHAIRMAN COYLE: Yeah. Well, I've got the report from the county manager. I understand what happened there. The -- but let me give you an example. Particularly a breeder should understand that all the dogs have to have their shots. Puppies are particularly vulnerable October 11, 2011 to parvovirus, and most breeders will tell you that you've got to isolate them from any dogs that are likely to have parvovirus, or they are going to get seriously ill and probably die. In this case the man had been cited for failure to provide to get all of his dogs -- have all the shots. And, apparently, some of those dogs or the dogs that came in contact with the puppies, had parvovirus. And he didn't get them all inoculated, but he was making progress. And I think the staff said, okay, you've made progress. Get the rest of them done. And in the meantime, something bad happened. And I'm saying we shouldn't have a -- any effort to give somebody more time for that. They have made a serious fundamental error. And if they don't understand that, they shouldn't be breeding and selling dogs. And so I'm -- I would suggest that the person should have been shut down right then and the dogs taken. But, nevertheless. Life is not black and white. And anybody who enforces laws, whether it's a sheriffs officer or anybody else, they always will make some kind of interpretation. So if we don't want people to make interpretations to the laws, I don't see anything wrong with saying to them, we want a zero - tolerance level on violations. You violate them, you pay the fine. You violate, your dogs are confiscated, and see if that doesn't solve the problem, and I don't think it will solve it completely. Commissioner Hiller, did you already go, or is this your second time around? COMMISSIONER COLETTA: No, you skipped over me twice now. COMMISSIONER HILLER: So can I just ask a question of what you're saying? Are you saying that our laws don't provide for that now? CHAIRMAN COYLE: I'm saying that the staff apparently believes that we want them to exercise discretion. And I'm saying that Page 181 October 11, 2011 we should tell them we don't want anybody exercising discretion when it comes to the mistreatment, death, or injury of an animal -- COMMISSIONER HILLER: Absolutely. CHAIRMAN COYLE: -- end of story. COMMISSIONER HILLER: And you're absolutely right about that, and that is what the law provides, and there should be no discretion exercised. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. The discussion went on and on and on, and at some point in time some comments were made about something I said about the tethering of dogs, and I can't recall that conversation. But the truth of the matter is, we have -- and I've supported every single time -- come up with reinterpretations, every time a little stricter, of the dangerous -dog ordinance over and over again to try to put -- excuse the pun -- but teeth into the ordinance that would be able to get us where we need. The problem is, is it's not the dogs. It's the owners. But I agree with Commissioner Henning, I agree with Commissioner Coyle, I agree with everyone that said that these laws that are in place -- COMMISSIONER HILLER: You can say it. You can say it, I agree with Commissioner Hiller. Come on, you can do it. CHAIRMAN COYLE: Don't give -- don't fall for it. COMMISSIONER COLETTA: Okay, I agree with Commissioner Hiller. We need to have strict enforcement -- CHAIRMAN COYLE: Ah -- COMMISSIONER COLETTA: -- of anything that has to do with dangerous -dog laws and dangerous commissioners, too. CHAIRMAN COYLE: You're going to regret that. COMMISSIONER COLETTA: Yeah. Well, I just had to get that in. But I just have one other thing, not that -- I think it's about time we changed the subject. Page 182 October 11, 2011 Tomorrow at 7 o'clock at the agricultural center there will be a meeting that Hombias (phonetic) is sponsoring. COMMISSIONER FIALA: P.M. or A.M.? COMMISSIONER COLETTA: Very good, Commissioners Fiala, P.M. in the evening. That meeting is going to be attended by Nancy Payton. We're going to have a very civil discussion regarding the pros and the cons of the Everglades interchange and questions to be asked by the audience. No idea how many people are going to show. The agricultural center will accommodate about 200 people, I believe. That's a guess. But I -- I think we're going to probably have a crowd, but we may not. But I want to make every avenue possible to the public out there to know about this meeting. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Thirty seconds. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I thought the item on the agenda, previous agenda, was clear about the EDC, obtain all financial records and use whatever resources necessary to obtain those records. Obviously that wasn't clear. That was the intent of -- MR. KLATZKOW: I'll get them. COMMISSIONER HENNING: Okay. All financial records. MR. KLATZKOW: Got it. COMMISSIONER HENNING: I mean, I didn't know that they had a summary of the report. Next thing, I want to congratulate Commissioner Fiala on her cell phone. I think it's -- CHAIRMAN COYLE: It works. COMMISSIONER HENNING: -- it's a great tool to stay in contact with not only your loved ones but your constituents. COMMISSIONER FIALA: Let me tell you how this happened. They exchanged my phone today and handed me this one. I haven't Page 183 October 11, 2011 even used it yet, and I hadn't heard the sound, so I'm looking around at everybody else's sound. I knew if I put it in my pocket that would happen. COMMISSIONER HENNING: I also want to thank each and every one of you for recognizing the need to work with constitutional officers. I think it's a new day on that front and -- because -- CHAIRMAN COYLE: You haven't seen my letter to him yet. COMMISSIONER HENNING: You -- I -- the public will definitely benefit from it, so thank you. CHAIRMAN COYLE: Yes. It was a good idea. MR. KLATZKOW: I'll make a motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to adjourn by Commissioner Henning, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It passes unanimously. We're out of here. *""Commissioner Coletta moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted * * * * * Item # 16A 1 THE CHAIRMAN TO SIGN THE "CONTRACT BOND DUAL OBLIGEE RIDER" REQUIRED TO SATISFY THE TERMS OF THE MEMORANDUM OF AGREEMENT FOR INTERIM • •, October 11, 2011 MEDIAN OPENING LOCATED AT DAVIS BOULEVARD AND JOY ROSE PLACE — FOR EASTBOUND TRIPS INTO THE ALLIGATOR ALLEY PUD UNTIL THE EAST GATEWAY PUD IS DEVELOPED Item # 16A2 RESOLUTION 2011 -182: AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT - RELATED REVIEW AND PROCESSING FEES RELATING TO REPLACEMENT OF HOT WATER HEATERS IN MULTI - FAMILY DWELLING UNITS AS PROVIDED FOR IN THE CODE OF LAWS AND ORDINANCES, SECTION 2 -11 Item # 16B 1 AN EXTENSION OF SITE IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA AND THE RICHARD AND MICHELE JARVIS FAMILY TRUST DUE TO CERTAIN PERMITTING DELAYS. (2741 RIVERVIEW DRIVE, FISCAL IMPACT: NONE) — AN ADDITIONAL 3 MONTHS IS NEEDED TO COMPLETE THE DRIVEWAY WORK Item #16132 AN EXTENSION OF COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA AND MADDOX & PARTNERS, LLC DUE TO CERTAIN PERMITTING DELAYS. (2891 BAYVIEW DRIVE, FISCAL IMPACT: NONE) — FOR AN EXTENSION UNTIL OCTOBER 2012 TO COMPLETE THE WORK Page 185 October 11, 2011 Item # 16C 1 SELECTION COMMITTEE RANKINGS AND NEGOTIATIONS FOR A CONTRACT FOR REQUEST FOR PROPOSAL NO. 11- 5708, "CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR MASTER PUMPING STATION 312 REHABILITATION" PROJECT NUMBER 72549, WITH Q. GRADY MINOR — FINAL RANKING IS AS FOLLOWS FROM FIRST TO LAST: Q. GRADY MINOR, URS CORPORATION, JOHNSON ENGINEERING, ALLIED ENGINEERING & TESTING AND THEN TYLIN INTERNATIONAL Item #I 6C2 AMENDMENT NO. 3 TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT NO. OT061098 PROVIDING A ONE -YEAR EXTENSION UNTIL SEPTEMBER 305 20125 TO CONTINUE MONITORING OF GROUND WATER IN COLLIER COUNTY IN FISCAL YEAR 2012 (ESTIMATED ANNUAL REVENUE $116,000) — THIS IS THE SECOND AND FINAL ANNUAL RENEWAL OF THE TWO -YEAR RENEWAL OPTION Item #I 6C3 A WAIVER OF FORMAL COMPETITION AND APPROVE CONTRACT NUMBER 11 -5698 WITH N. HARRIS COMPUTER CORPORATION FOR DEPARTMENT OF UTILITY BILLING SERVICES INTEGRATED SOFTWARE SYSTEM IN AN ANNUAL AMOUNT NOT TO EXCEED $140,000 — FOR WATER/WASTEWATER SERVICES October 11, 2011 Item # 16D 1 A GRANT AGREEMENT ACCEPTING THE CONTINUUM OF CARE SHELTER PLUS CARE GRANT AWARD FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TOTALING $81,840 AND BUDGET AMENDMENTS RECOGNIZING FUNDING ASSOCIATED WITH THIS AWARD. THIS GRANT WILL PROVIDE RENT VOUCHERS TO THE COLLIER COUNTY HOUSING AUTHORITY FOR CLIENTS RECEIVING SERVICES FROM DAVID LAWRENCE Item #I 6D2 WAIVING THE FORMAL RFP PROCESS AND PURCHASE SIERRA INTEGRATED LIBRARY SYSTEM UPGRADE FROM INNOVATIVE INTERFACES INC., (III) THE CURRENT VENDOR FOR THE LIBRARY'S AUTOMATION SYSTEM. FISCAL IMPACT (GRANT FUNDS TOTALING $74,725) — INNOVATIVE INTERFACES IS ALSO THE SOLE OWNER AND PRODUCER OF THE UPGRADE SOFTWARE Item #16E1 A RENEWAL OF AGREEMENT #11 -5649 WITH CS STARS, INC. FOR THE LEASE OF RISK MANAGEMENT INFORMATION SYSTEMS SOFTWARE SERVICES IN THE AMOUNT OF $112,069 ANNUALLY — SUPPORTING THE PROPERTY, CASUALTY AND WORKERS' COMPENSATION RISK FINANCING PROGRAM Item #I 6E2 — Moved to Item #I OE (Per Agenda Change Sheet) Page 187 October 11, 2011 Item #I 6E3 REPORTS AND RATIFY STAFF - APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR THE PERIOD OF JULY 8, 2011 THROUGH AUGUST 19, 2011 Item # 16E4 — Moved to Item # l OG (Per Agenda Change Sheet) Item #16E5 CONVEYANCE OF A GRANT OF UTILITY EASEMENT TO FPL FIBERNET, LLC, FOR THE INSTALLATION OF UNDERGROUND FIBER OPTIC CABLE TO THE EXISTING COMMUNICATIONS TOWERS AT THE GOLDEN GATE PUBLIC SAFETY COMPLEX, VETERANS PARK, AND EAST NAPLES PARK — IN ORDER TO UPGRADE TO 5 -G CELL PHONE AND DATA SERVICE AT THOSE SITES Item #I 6E6 ROUTINE AND CUSTOMARY BUDGET AMENDMENTS APPROPRIATING $5,373,872.55 OF FY 2011 CARRY FORWARD FOR APPROVED OPEN PURCHASE ORDERS INTO FISCAL YEAR 2012 FOR OPERATING FUNDS Item #16E7 A DEED OF CONVEYANCE OF 62.63 ACRES +/- OF CANALS AND SMALL RESERVOIR WITHIN THE ORANGETREE PUD PROVIDING FOR FUTURE ACCESS TO A PARK SITE, ADDITIONAL SURFACE WATER MANAGEMENT AREA FOR THE PLANNED COUNTY PUBLIC UTILITY SITE AND I'.:- :: October 11, 2011 OPERATION AND MAINTENANCE OF THE AREA' S STORMWATER MANAGEMENT OUTFALL SYSTEM, AND A MAINTENANCE AGREEMENT — FUTURE SITE OF THE BIG CORKSCREW ISLAND REGIONAL PARK Item # 16F 1 — Moved to Item # l OF (Per Agenda Change Sheet) Item # 16F2 THIS ITEM CONTINUED FROM THE SEPTEMBER 27, 2011 BCC MEETING. FISCAL YEAR 2012 STRATEGIC PLAN FOR THE NAPLES MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU (CVB) Item # 16173 RESOLUTION 2011 -183: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2011 -12 ADOPTED BUDGET — BA #12-012 (NSP GRANT FUNDS) AND #12-013 (STATE FUNDS FOR REPORTS ON HAZARDOUS SUBSTANCES) Item # 16 G 1 A REFUND TO MR. JACK ASCRAFT IN THE AMOUNT OF $795 FOR PARKING FEES AT THE MARCO ISLAND EXECUTIVE AIRPORT — FOR FEES PAID FOR THE FIRST TEN MONTHS OF FY2011, OCTOBER 1, 2010 THROUGH JULY 31, 2011 Item # 16G2 — Moved to Item # 13A (Per Agenda Change Sheet) October 11, 2011 Item #16111 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL BE ATTENDING THE CAMPAIGN FOR LEADERSHIP 2011 EVENT AT NAPLES BOTANICAL GARDENS, NAPLES, FL ON NOVEMBER 4 AND 5, 2011. $75 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET — HELD AT THE NAPLES BOTANICAL GARDENS, 4820 BAYSHORE DRIVE Item # 16112 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE 28TH ANNUAL EXCELLENCE IN INDUSTRY AWARDS LUNCHEON AT THE NAPLES HILTON, NAPLES, FL ON SEPTEMBER 15, 2011. $16 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET — LOCATED AT 5111 TAMIAMI TRAIL N. Item #161-13 COMMISSIONER HENNING'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL BE ATTENDING THE 2011 DISTINGUISHED PUBLIC SERVICE AWARDS ON OCTOBER 12, 2011 AT NAPLES HILTON HOTEL, 5111 TAMIAMI TRAIL NORTH, NAPLES, FL. $20 TO BE PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET Page 190 October 11, 2011 Item #161-14 — Withdrawn (Per Agenda Change Sheet) COMMISSIONER HILLER' S REIMBURSEMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE 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 191 BOARD OF COUNTY COMMISSIONERS ADVISORY BOARD MINUTES October 11, 2011 2. ADVISORY BOARD MINUTES TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Collier County Citizens Corps: Minutes of 6/15/11 2) Collier County Code Enforcement Board: Minutes of 6/20/11 (Special Magistrate); 7/1/11 (Special Magistrate) 3) Collier County Planning Commission: Minutes of 7/7/11; 8/4/11; 8/18/11 4) Development Services Advisory Committee: Minutes of 7/6/11 5) Emergency Medical Services Advisory Council: Minutes of 6/10/11 6) Forest Lakes Roadway and Drainage Advisory Committee: Agenda of 9/14/11 Minutes of 8/10/11 7) Haldeman Creek Maintenance Dredging Advisory Committee: Minutes of 3/4/10; 4/28/10; 11/3/10; 12/2/10; 2/3/11 8) Historical/Archaeological i Preservation Board: Minutes of 6/8/11 9) Land Acquisition Advisory Committee: Minutes of 7/11/11 10) Library Advisory Board: Minutes of 5/18/11; 6/29/11 11) Ochopee Fire Control District Advisory Committee: Minutes of 7/11/11 12) Pelican Bay Services Division Board: Minutes of 6/13/11; 8/3/11; 8/9/11; 9/7/11 13) Radio Road East of Santa Barbara Blvd to Davis Blvd Advisory Committee: Agenda of 6/21/11 Minutes of 6/21/11 October 11, 2011 Item # 16J 1 DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 10, 2011 THROUGH SEPTEMBER 16, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #102 DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 17, 2011 THROUGH SEPTEMBER 23, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J3 CORRECTIONS TO THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS MEETING HELD ON MAY 109 20115 IN REGARD TO A SPEAKER NAMED ERRONEOUSLY. THE MEETING VIDEO HAS BEEN REVIEWED AND THE CORRECTIONS HAVE BEEN VERIFIED BY THE CLERK OF THE COURTS, MINUTES AND RECORDS DEPARTMENT Item # 16K 1 — Moved to Item #1 1 A (Per Agenda Change Sheet) Item #I 6K2 A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED FORBIS V. COLLIER COUNTY, ET AL. FILED IN THE TWENTIETH JUDICIAL COURT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 05- 1618 -CA — ALLOWING THE COUNTY TO MAINTAIN BEACH ACCESS FOR THE PUBLIC ON VANDERBILT BEACH Page 192 October 11, 2011 Item # 17A ORDINANCE 2011 -35: AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) PROVIDING FOR THE INCORPORATION BY REFERENCE OF THE IMPACT FEE STUDY ENTITLED THE "COLLIER COUNTY SCHOOL IMPACT FEE UPDATE STUDY," DATED AUGUST 22, 2011, IN ACCORDANCE WITH THE RECENT AND LOCALIZED DATA REQUIREMENTS OF SECTION 163.31801, FLORIDA STATUTES, WHICH IS THE FLORIDA IMPACT FEE ACT, AND PROVIDING THAT THE CURRENT SCHOOL IMPACT FEE RATES, WHICH BECAME EFFECTIVE OCTOBER 8, 20105 AND ARE LOWER THAN THOSE RATES CALCULATED AS PART OF THE UPDATE STUDY, REMAIN IN EFFECT Item #I 7B RESOLUTION 2011 -184: CU- PL2011 -0579, GARDEN STREET, A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AN IRON AND METAL COLLECTION AND TRANSFER STATION (REFUSE SYSTEMS) WITHIN AN INDUSTRIAL (I) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.04.A.1.C.16 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #I 7C Page 193 October 11, 2011 RESOLUTION 2011 -185: WITHDRAWAL OF THE DESIGNATION OF THE STEWARDSHIP SENDING AREA KNOWN AS HALF CIRCLE L RANCH PARTNERSHIP ( "HCLRP ") SSA #8 AND THE TERMINATION OF THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT AND THE STEWARDSHIP EASEMENT AGREEMENT, AND THE CANCELING OF THE STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA Item #17D — Moved to Item #8E (Per Agenda Change Sheet) Item # 17E ORDINANCE 2011-36: 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 Item #I 7F RESOLUTION 2011 -186: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2011 -12 ADOPTED BUDGET Page 194 October 11, 2011 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:48 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL FRED COYLE, CHAIRMAN ATTEST—' COCK, CLERK 11 1 1 A.r�:• These minutes approved by the Board on l)et , z 13 , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. 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