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BCC Minutes 01/10/2012 R BCC REGULAR MEETING MINUTES JANUARY 10, 2012 January 10, 2012 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 10, 2012 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 Tom Henning Georgia Hiller ALSO PRESENT: Leo E. Ochs, Jr., County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Ian Mitchell, Executive Manager to BCC Mike Sheffield, Business Operations Manager — CMO Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority MEOW-WIMM AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 January 10, 2012 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice - Chairman; Commissioner, District 5; CRAB Chairman Donna Fiala - BCC Commissioner, District 1; CRAB Vice - Chairman Georgia Hiller - BCC Commissioner, District 2 Tom Henning - BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -249 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. January 10, 2012 Page 1 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 Charles McCracken - Naples Alliance Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. Public declaration of form 8B, Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers, in reference to Item 8A on the Agenda of December 13, 2011, filed by Commissioner Tom Henning. C. December 13 -14, 2011 - BCC /Regular Meeting January 10, 2012 Page 2 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation recognizing the contributions made by Myra Janco Daniels to the cultural life of the citizens of Collier County and naming January 2012 as Myra Janco Daniels Month. To be accepted by Myra Janco Daniels. Sponsored by the Board of County Commissioners. B. Proclamation recognizing the Remodelers Council of the Collier Building Industry Association for their efforts to rehabilitate the home of Janice Bronstein to make it wheelchair accessible and increase her in -home mobility. To be accepted by Kathy Curatolo, Tom Wegwert, Chris Alley and Brian Conell. Sponsored by Commissioner Coyle. C. Proclamation recognizing Chabad of Naples for its growth, contributions and success in Collier County. To be accepted by Rabbi Fishel Zaklos. Sponsored by the Board of County Commissioners. D. Proclamation designating February 11, 2012 as Baby Basics Day in Collier County. To be accepted by Dick and Jean Ann Lynch and Reg and Sandra Buxton. Sponsored by Commissioner Coletta. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for January 2012 to Naples Botanical Garden. Accepting the award are Brian Holley, Shannon Palmer and Chris Brighton. B. Recommendation to recognize Sheree Mediavilla, Administrative Assistant, Public Utilities Operations Department, as the Employee of the Year for 2011. C. Selection of Chairman and Vice - Chairman 6. PUBLIC PETITIONS January 10, 2012 Page 3 A. Public Petition request from John H. Marker regarding flooding on 18th Street Northeast. 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 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- 2003 -AR -3608: Orangetree PUD -- An Ordinance amending Ordinance Numbers 2005 -42 and 2004 -73, the Orangetree PUD, to add 1,050 residential units for a total of 3,150 residential units; to add 100,000 square feet of office use and add 172,000 square feet of retail use to the existing 60,000 square feet of retail for a total of 332,000 square feet of commercial development; to revise the development standards including building height and setbacks and to add allowable residential, commercial uses and mixed uses, and to eliminate the environmental commitments, for property located in parts of Sections 11, 12, 13, 14, 22 through 27, Township 48 South, Range 27 East, Collier County, Florida consisting of 2,138.76 acres; and by providing an effective date. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Consumer Advisory Board. B. Appointment of alternate member to the Value Adjustment Board. C. Recommendation to oppose the U.S. Postal Service plan to consolidate or close the Ft. Myers Processing and Distribution Center which would have a $40 million economic impact on the five counties served, including Collier County. (Commissioner Henning) D. Recommendation to approve a resolution acknowledging the Board of County Commissioners' support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more independent special districts. (Commissioner Henning) January 10, 2012 Page 4 10. COUNTY MANAGER'S REPORT A. Recommendation to reject an offer to waive all fines and all County operational costs on a Code Enforcement Action entitled Board of County Commissioners vs. Sergio G. and Patricia Salinas, Code Enforcement Special Magistrate Case No. CESD- 2010 - 0004913 and Case No. CESD- 2010- 0004916, relating to property located at 2756 47th Street SW, Collier County, Florida. (Diane Flagg, Director, Code Enforcement, Growth Management Division/Planning and Regulation) B. This item continued from the December 13, 2011 BCC Meeting. Recommendation to review the procurement of services from Suncoast Moving & Storage, Inc. for moving the County Property Appraiser's offices in July 2010 and make a determination regarding the request for final payment in the amount of $6,556.50. (Len Price, Administrative Services Administrator) 11. COUNTY ATTORNEY'S REPORT 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1) Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopts the attached Airport Ground Vehicle Access Plan for the Immokalee Regional Airport. 2) Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopts the attached Resolution approving the proposed rate schedules for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport for 2012. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve and authorize the Community Redevelopment Agency Chairman to sign a Grant Agreement and January 10, 2012 Page 5 associated forms between Fifth Third Bank Enterprise Investment Fund and the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) to accept a grant award in the amount of $25,000; and authorize a budget amendment for grant revenues in the amount of $25,000 to be applied towards the CRA FY -2012 TIF grant program. 14. PUBLIC COMMENTS ON GENERAL TOPICS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA -All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately A. GROWTH MANAGEMENT DIVISION 1) This item requires that ex carte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to authorize the Clerk of Courts to release a security which was posted as a development guaranty for work associated with Excavation Permit No. 59.835 — Livingston Lakes Commercial Excavation. 2) Recommendation to approve final acceptance of the water utility facility for Foxfire Entrance Revisions, Kings Way and Davis Boulevard and to authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 3) Recommendation to approve final acceptance of the sewer utility facility for Waldorf Plaza (fka — Boca Bargoons), 4424 Tamiami Trail West, and to authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent January 10, 2012 Page 6 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Fiddler's Creek, Phase 3, Unit 4 and to authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 5) Recommendation to approve final acceptance of the water utility facility for Landscaper's Choice, 218 Sable Palm Road, and to authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 6) 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 approve for recording the final plat of Regal Acres Phase One, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7) Recommendation to approve an Easement Agreement with The Country Club of Naples and an Easement Agreement with Royal Poinciana Golf Club for the conveyance to Collier County of two Drainage, Access and Maintenance Easements necessary to complete maintenance work within the Gordon River Extension to prevent upstream flooding. Fiscal Impact: $46,164.50. Project No. 60117. 8) Recommendation to approve Change Order No. 2 to Contract #10- 5206, with Atkins North America, Inc., for Design Services for Collier Area Transit Transfer Station, in the amount of $99,900 for redesign and post design services, and to extend the contract by six hundred seventy seven (677) days to account for the inclusion of construction and the completion schedule; and to authorize the Chairman to execute the change order. 9) Recommendation to consider approving a request for a one -year extension of the required time frame for job creation for ValueCentric, LLC, an approved participant in the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program, due January 10, 2012 Page 7 to unforeseen delays experienced by a key customer and challenges in identifying qualified software development candidates. 10) Recommendation to approve an economic development agency report required by Section 125.045, Florida Statutes and authorize the County Manager or designee to submit a copy of the report to the Office of Economic and Demographic Research (EDR). 11) Recommendation to accept the FYI 1-12 Federal Transit Administration (FTA) Section 5310 Grant award in the amount of $262,050, authorize the necessary budget amendments and approve the purchase of three (3) paratransit vehicles utilizing those funds. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute an extension of Commercial Building Improvement Grant 05/2011 Agreement between the Bayshore /Gateway Triangle CRA and BE Home Realty, LLC due to certain permitting and site development plan change requirements. (1712 Commercial Drive, Fiscal Impact: None) 2) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (2595 Tamiami Trail East, Fiscal Impact $3,603) C. PUBLIC UTILITIES DIVISION 1) Recommendation to a) approve a Utility Work by Highway Contractor Agreement with the Florida Department of Transportation; b) approve a Florida Department of Transportation standard form resolution authorizing the Chairman of the Board of County Commissioners to execute the agreement; and, c) approve a Memorandum of Agreement with the Florida Department of Transportation and Florida Department of Financial Services, Division of Treasury to establish an interest bearing escrow account. January 10, 2012 Page 8 2) Recommendation to approve budget amendments associated with Hazard Mitigation Grant Program Agreement Number 11HM- 3E -09- 21 -01 -026 with the State of Florida, Division of Emergency Management, totaling $360,945, to apply toward the costs associated with the installation of 1,430 linear feet of six -inch High Density Polyethylene leachate pipe at the Collier County Landfill. D. PUBLIC SERVICES DIVISION 1) Recommendation to authorize the Chairman to sign a Subrecipient Agreement for a Department of Housing and Urban Development (HUD) funded Continuum of Care Grant (CoQ Shelter Plus Care (S +C) grant that was accepted by the Board on October 11, 2011. 2) Recommendation to approve and authorize the Chairman to sign certifications required by the State of Florida, Department of Children and Families (DCF) in order to be eligible to accept the awarded 2012 Challenge Grant funding. 3) Recommendation to approve a budget amendment in the amount of $18,080 to recognize revenue and its appropriate expenditures from the collection of co- payments and contributions from the Housing, Human and Veteran Services, Services for Seniors program. 4) Recommendation to approve and authorize the Chairman to sign an amendment to the Subrecipient agreement for Catholic Charities to recognize Board approved changes in the HPRP Administrative Plan. 5) Recommendation to accept funding from the Collier County 4 -H Clubs Foundation Inc. in the amount of $45,000 for the 4 -H Outreach Program managed by the Collier County University of Florida/IFAS Extension Department, $3,000 in anticipated revenue from private contributions of 4H outreach participants, and to approve a budget amendment in the amount of $48,000. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve a License Agreement with SpectraSite Communications, LLC, for communications tower space needed for January 10, 2012 Page 9 the County's SafePoint Location System, a component of the County's 800 MHz public safety radio network, at a first year's rent cost of $7,800. 2) Recommendation to approve an Antenna Site Agreement and an Addendum to Antenna Site Agreement with SBA Towers II, LLC, for communications tower space needed for the County's SafePoint Location System, a component of the County's 800 MHz public safety radio network, at a first year's rent cost of $7,800. 3) Recommendation to approve selection of firms under RFP #12 -5809 — Engineering Design for Renovation/Replacement of HVAC Systems in J -1 Section of Collier County Naples Jail Center - and direct staff to bring a negotiated contract to the Board for subsequent approval. 4) Recommendation to approve and authorize the Chairman to sign the Assumption Agreement from Tectrans, Inc. to Keolis Transit America, Inc. for Management Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program. 5) Recommendation to approve Amendment #1 to Contract #11-5666 "Barefoot Beach Concessionaire Agreement" with Day -Star Unlimited, Inc. d/b /a Cabana Dan's and authorize the Chairman to sign the amendment. 6) Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. 7) Recommendation to approve and ratify the addition of the classification of Business Development Coordinator to the 2012 Fiscal Year Pay and Classification Plan. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and adopt the Resolutions adopted by the Board of the Pelican Bay Services Division at a Special Meeting on December 14, 2011, with respect to the 1998 Joint Coastal Permit of the Florida Department of Environmental Protection and the Clam January 10, 2012 Page 10 Bay Restoration and Management Plan authorized to be implemented under that Permit. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2011 -12 Adopted Budget. 3) Recommendation to approve In- Market Meeting Planner Site and Familiarization Guidelines for the Tourism Department to provide payment or reimbursement of expenses related to attracting group meetings to Collier County and authorize payment of covered expenses up to an annual total program cost of $150,000. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the ENCA Luncheon on October 20, 2011. The sum of $18 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Donald Rumsfeld Luncheon on November 9, 2011. The sum of $125 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the SCORE Naples Luncheon on December 5, 2011. The sum of $22.50 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Women's Network Lunch on December 8, 2011. The sum of $7.50 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. January 10, 2012 Page 11 Attended the ENCA Luncheon on December 15, 2011. The sum of $18 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Eastern Collier Chamber of Commerce breakfast at Roma Havana Restaurant, Immokalee, FL on December 7, 2011. $15 to be paid from Commissioner Coletta's travel budget. 7) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Physician Led Access Network (PLAN) Holiday Open House at Plaza Walk, 2500 Tamiami Trail North, Suite #202, Naples, FL on December 8, 2011. $5 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence items to file for record with action as directed. 2) Advisory Board minutes to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of November 26, 2011 through December 2, 2011 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of December 3, 2011 through December 9, 2011 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of December 10, 2011 through December 16, 2011 and for submission into the official records of the Board. January 10, 2012 Page 12 4) To obtain Board approval for disbursements for the period of December 17, 2011 through December 23, 2011 and for submission into the official records of the Board. K. COUNTY ATTORNEY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation to adopt two Ordinances amending the Code of Laws and Ordinances as it relates to public solicitations of contributions and the issuance of permits for charitable solicitation at road intersections. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. January 10, 2012 Page 13 January 10, 2012 CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission meeting is now in session. Would you please stand for the invocation by Reverend Charles McCracken. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND McCRACKEN: Father in heaven, we thank you for people who are willing to give of themselves to take care of the world that you made. We thank you for people like Ms. Daniels, who has given so many of her years to serve us. Guide these, your servants, our elected officials, as they do the business of Collier County. Give them wisdom and insight to know what's right, and give them courage to do it. Watch over this meeting. And we give you our praise and thanks because we know it's really about you, not us. We pray in the name of your Son, thank you. Amen. CHAIRMAN COYLE: Please remain standing and join us in the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank vou. Our first order of business this morning is to determine if there are changes to the agenda. County Manager? Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED — APPROVED AND /OR ADOPTED WITH CHANGES Page 2 January 10, 2012 MR. OCHS: Good morning, Commissioners, and Happy New Year. These are your proposed agenda changes for the Board of County Commissioners meeting of January 10th, 2012. First proposed change is to move Item 2.B on your agenda to become Item 16.I.3. That change is made at the County Attorney's request. Next proposal is to continue Item 8.A to the January 24th, 2012 BCC meeting. That is the proposed amendment to the Orangetree PUD. That continuance is requested at Commissioner Fiala's request. Next proposed change is to move Item 16.A.8 from your consent agenda to become Item 10.F. That change is requested by Commissioner Hiller. The next proposed change is to move Item 16.A.10 from your consent agenda to become Item 10.E. That change is also requested by Commissioner Hiller. The next proposed change is to move Item 16.13.2 from your consent agenda under your CRAs to become Item 13.13.2. That move is requested by Commissioner Hiller. The next proposed change is to continue Item 16.E.4 to the January 24th, 2012 BCC meeting. That's at staff s request, to make some minor corrections to the assumption agreements. The next proposed change is to move Item 16.F.1 from the consent agenda to become Item 10.C. That move is requested separately by both Commissioners Hiller and Commissioner Coyle. The final proposed change is to move Item 16.F.3 from the consent agenda to the regular agenda, becoming Item 10.D. That move is made at Commissioner Hiller's request. Commissioners, you have two time certain items scheduled for today's meeting. The first is Item 10.13 to be heard at 11:30 a.m. And the second time certain item is 10.C. That is scheduled to be heard at 1:00 P.M. Page 3 January 10, 2012 Those are all the changes that I have, sir. I know that Commissioner Hiller had some other time certain requests, and I'm sure she'll make those as you go through your agenda changes with the individual commissioners -- CHAIRMAN COYLE: What was your first item? Did you cover the County Attorney's request? MR. OCHS : Yes, sir, that was the first item on your change sheet. It was 2.13. CHAIRMAN COYLE: I wasn't sure if the County Attorney was going to do that or not. County Attorney? MR. KLATZKOW: No changes, sir. CHAIRMAN COYLE: No changes. Okay, then we will start with Commissioner Henning today for ex parte disclosure and any further changes to the agenda. COMMISSIONER HENNING: Good morning. I have no ex parte communication for today's agenda, and I have no changes to today's consent or summary agenda. CHAIRMAN COYLE: Okay, thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes, I have no changes to the agenda, and I have nothing to add as far as ex parte. CHAIRMAN COYLE: Okay, I have no ex parte disclosure for any item on the agenda. I do request that Item 2.13 remain on the regular agenda, so I'm in opposition to the County Attorney's request to have this moved. And I'll go to Commissioner Fiala. COMMISSIONER FIALA: Yes, thank you. I have no changes to the agenda. And I have -- other than 8.A, I have nothing at all on the consent agenda to declare. CHAIRMAN COYLE: Thank you. And Commissioner Hiller? January 10, 2012 COMMISSIONER HILLER: Yes. First of all, with respect to Item 16.A.7, which is now Item 10.F, I was able to finally get information from staff at the end of the day yesterday that clarified my concerns, so I have no problem if that item stays on consent. CHAIRMAN COYLE: That would be 16.A.8, not 16.A.7, I think; isn't that correct? COMMISSIONER HILLER: No, it's about the drainage easements, A.7. It says -- CHAIRMAN COYLE: Going to 10.17? MR. OCHS: That is not on your change sheet, based on the communication with me last evening that you just said you had comfort with that. So we were able to leave that on your consent agenda based on your communication last night. COMMISSIONER HILLER: So -- but where you say move Item 16.A.7, the change sheet, you have an update to reflect that? MR. OCHS: I do indeed, yes, ma'am. COMMISSIONER HILLER: So we're sure that that's not going to be on the general then. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: Okay, that's great. Because on my change sheet it's still here. So I just -- MR. OCHS: There's an updated change sheet that comes out before the meeting that has been corrected. Thank you. COMMISSIONER HILLER: I didn't get it. It's not the one in front of me. Then the other thing that I'd like to say is again, as a result of discussion with staff, and this was really at staff s request and I'd like to respect their wishes, and that is instead of bringing what would be new Item 10.E forward to today's meeting, they requested that it be continued so they would have time to, you know, edit and correct what needs to be done with respect to that report. And, you know, I have no problem with that. So I would suggest Page 5 January 10, 2012 rather than have Item 16.A.10 become 10.E, instead continue 16.A.10 until Leo, you feel that that report is ready for review and approval. MR. OCHS: Yes, ma'am. The only thing that staff was going to do during the presentation was two things: One was to ask the Board's permission to request the extension from the department -- the Office of Economic Development to allow us additional time. Then to continue the item based on that continuance to get the issues clarified that had been discussed, and bring that back to the Board. If the Board's comfortable with that as part of this change sheet discussion, then we can just continue that item, knowing that the Board -- COMMISSIONER HILLER: They will get an extension for this date -- MR. OCHS: Yes. If the Board has no objection to us requesting the extension, then we don't have to present that item, we can just continue it, sir. CHAIRMAN COYLE: What would you prefer, Commissioner Hiller? COMMISSIONER HILLER: I would prefer that we just dispense with it now and take it off the agenda so we can move forward to other items. MR. OCHS: So on that basis, Commissioners, we would then continue Item 10.1) on your change sheet -- COMMISSIONER FIALA: No, 10.E. CHAIRMAN COYLE: 10.E. MR. OCHS: I'm sorry, 10.E, yes -- COMMISSIONER HILLER: Would be removed -- would be continued. MR. OCHS: To the next meeting. In fact, let's just say to the first meeting in February to give us enough time. CHAIRMAN COYLE: Okay, all right. COMMISSIONER HILLER: The next item refers to what was 16.F.3, which would be now Item 10.1), related to the tourist January 10, 2012 development program. And I had a brief discussion with Crystal and with County Attorney Klatzkow, and it would seem to me that in light of the fact that this is not a settled issue, rather than have a discussion about it, if we continue this and allowed staff and the County Attorney and finance to work through whatever issues they have with this item, it might be a time saver for everybody. MR. OCHS: Commissioners, there is some urgency on the part of Mr. Wert. And I'll ask him to come forward if he needs to explain. But we're in the heart of the marketing season, and the ability to move forward with some of these items that are in this agenda on that particular issue ought to be, in our view, discussed and hopefully settled today, if we can. Jack? MR. WERT: For the record, Jack Wert, your Tourism Director. As Mr. Ochs indicated, this item is a very big initiative with our tourism industry, especially our hotels that have significant meeting space. This is a program that really has carried over from last year. We have refined it this year based on working with our hotels and with meeting planners. We have a much better understanding now of how they operate, how they like to book their travel and so forth. So this whole issue, which went before the TDC, is now before you. I do think that it would be helpful to have the discussion today and try to work through whatever issues we might have so that our hotels can in fact use this process right away. We -- as Mr. Ochs said, we are in the height of the season, we have a lot of planners in the queue that are really waiting for this -- these guidelines to be approved so that we can bring some of these here. I think there's some significant meeting business that we can bring here based on this procedure being in place. So I ask that the County Commission give us the opportunity to discuss it with you today and see if we can resolve the issues. Page 7 January 10, 2012 CHAIRMAN COYLE: Okay. Do you have anything else, Commissioner Hiller? COMMISSIONER HILLER: Yeah, I do. First of all, the issue is a little bit different than Jack presents. What was approved by the TDC is not what is before the Board today. And as to the modifications as to what's being presented, I think that's where we've got the County Attorney and Crystal that need to work with Jack. The program in and of itself as approved by the TDC is a good one. The process and the modifications I think are the issue. And I don't think that anyone would be hurt by waiting two weeks to the next meeting to have these issues approved and resolved by legal and finance, rather than to have a public debate and have it unresolved. So I would still like to suggest that this be continued to the next meeting to be expeditious about it and ask the County Attorney and Crystal to work as quickly as possible with Jack to get it resolved in the best way you can. CHAIRMAN COYLE: Okay. And Commissioner Fiala, I'm sorry, I skipped over you. COMMISSIONER FIALA: Thank you. Coming from that industry, I realize how important it is to move forward on these things. As I read through this, I was very impressed with how tight this thing was compared to when we used to do these things. It's a much better program than I ever followed. Ours was rather loosely structured and there were a lot of things that could go astray. This one is very tight and I'm impressed with it. And I'm also concerned that the hotels are able to get out quickly and follow through on the business they have lined up, and they're just waiting for this. And I respect Commissioner Hiller's feelings about this, that's great, but I think it's so important to move forward. So I -- you know, of course it's up to everybody, but I would vote to keep it right where January 10, 2012 It is. CHAIRMAN COYLE: Okay. We have an unusual situation here today. We have two items where the Commissioners are in opposition to staff recommendations. So we're going to have to work those out. But let's see if we can't deal with this one first. Commissioner Hiller says that this is not what was approved by the TDC. Let's make sure we get a clear answer to that. And advise us as to how you might be able to proceed to make sure it is in compliance with the TDC's wishes, okay? MR. WERT: We can do that, yes, sir. CHAIRMAN COYLE: Can you do that? MR. WERT: I absolutely can. And do you want to wait for the item to come forward or would you like to try to resolve that now? CHAIRMAN COYLE: Commissioner Hiller, what do you think? COMMISSIONER HILLER: Well, again, I think that this needs to be addressed with the County Attorney and with Crystal. I mean, the County Attorney expressed to me that it would be his preference to see it continued, and I respect his opinion. And I understand what you're saying, Commissioner Fiala, the industry certainly will benefit. But at the same time it has to be legally correct and it has to be fiscally prudent, and two weeks will not hurt the industry in this case. So that's why I still recommend, rather than spending time debating issues where we've got concerns, let's, you know, save the public's time and let staff work everything out and bring a clean package forward. CHAIRMAN COYLE: Commissioner Coletta, you want to discuss this issue? COMMISSIONER COLETTA: Just for a moment more. Page 9 January 10, 2012 Crystal, any input from you, please? MS. KENZEL: Excuse me, for the record, Crystal Kenzel. The issue that we had asked Jack about is clarified, that I had a concern regarding the purchasing. The citation in the document that he attached to the agenda indicated they would be using personal credit cards. That concerned us because we would expect it would be purchasing cards of the county. He is authorized by his ordinance and by the resolution to use these types of trips and travel, okay. That was the primary concern from a finance perspective. After I saw the e -mail going back and forth, there are other changes to that document that do differ from the tourism, but those are management decisions about inclusion of the family trips versus the marketing end trips. Those aren't really a finance or clerk issue, it would be a management decision as to whether that additive language could be included at today's meeting. COMMISSIONER COLETTA: If I may continue, sir? CHAIRMAN COYLE: Sure. COMMISSIONER COLETTA: Jack, is there a possibility that we might be able to do this item today and resolve the credit card issue so the Clerk's Office would feel comfortable? I understand what that issue is. We had the same problem within the Office of the Commission as far as personal credit cards versus issued credit cards. MR. WERT: And I might say, and Crystal and I have discussed that, the intent was, and I may have left out that word purchasing card. But that was the intent all along, that it would be using a county employee's purchasing card within the tourism office. They are authorized to use the purchasing card for this type of travel arrangement. COMMISSIONER COLETTA: Chair, I feel comfortable enough to have this item go forward. After we hear everything, we can make a decision whether to pass it or continue it. Page 10 January 10, 2012 CHAIRMAN COYLE: Okay. Then could we ask that Jack concentrate specifically in his presentation when this item comes up to address Commissioner Hiller's concerns and any concerns that the Clerk might have? And if we feel that additional time is necessary, we can continue it at that point. MR. WERT: Yes, sir. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yes, that's fine. As long as we have the ability -- and again, like I said, unless it's approved by the TDC, it cannot be approved by this Board, that's just the law. So we will happily discuss it and then decide how to proceed. Although I do think it's a waste of time. CHAIRMAN COYLE: All right, very well. Thank you -- COMMISSIONER HILLER: I have one more item. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HILLER: The other item is with respect to the airport agenda items. I would like time certains this afternoon for the airport issues. My understanding is there are airport tenants and citizens that would like to address this. And I think there should be a large enough number where a time certain would only be fair. CHAIRMAN COYLE: Okay, how does 2:00 sound to you? COMMISSIONER HILLER: Is 2:00 sufficient in light of 10.0 being at 1:00? I would hate to run -- 10.C, I see a lot of people from Seagate. One so far. I just want to make sure that the Seagate people are not cut off and make sure that they have their opportunity to be heard. CHAIRMAN COYLE: They won't be. The Pelican Bay people might. COMMISSIONER HILLER: If that's the case, as long as we're sure that no one is cut off, then 2:00 should be fine. CHAIRMAN COYLE: If we have to extend it, we will. COMMISSIONER HILLER: Okay, sounds good. So 2:00 is Page 11 January 10, 2012 good then. So 2:00 time certain for the airport items. CHAIRMAN COYLE: Okay. Thank you very much. There's more? COMMISSIONER HILLER: Yeah. It was brought to my attention yesterday that I believe it's staff is going to bring the Immokalee Area Master Plan up under communications, that Commissioner Coletta requested an extension from the state to be able to submit the proposed amendment. And I do want to make that clear for the benefit of the public. There is an Immokalee Area Master Plan. The vote that occurred in December does not leave Immokalee without a master plan. In fact, it leaves Immokalee with a master plan that has been in existence and has been repeatedly amended from, I think it's like 1997 or 1991 right through 2008. And I think there's a general misunderstanding in the community. Immokalee has a plan, and quite frankly, a very good one. That being said, I don't believe that this item should be a communication item. I think this is an item that should be on the agenda so that, you know, if people would like to comment on it or refer back to it in the future that it is given its due consideration. So I would ask that it either be considered as an agenda item for today or at the next meeting, but not a to be addressed and voted on under communications. CHAIRMAN COYLE: It wouldn't be voted on at that point in time anyway, but -- COMMISSIONER HILLER: Well, not the amendment. What was going to be voted on was to direct staff to move forward with looking for ways to allow the Board to bring this matter back. And I'll enter the memo that I received yesterday from staff as an exhibit. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, I thank you for bringing it up, Commissioner. Page 12 January 10, 2012 I was going to save it for communications, because it wasn't advertised and I didn't want to get into the problem of people coming forward and saying, you know, we didn't have input on this. So the reasons it's under communications is to direct the County Attorney to bring it back for our consideration at the next meeting with possible alternatives. And that's the only reason for it. Seemed like the most logical way to go. COMMISSIONER HILLER: Let's put it on the agenda. Make it an agenda item -- COMMISSIONER COLETTA: Then we get into the problem that it's not advertised. COMMISSIONER HILLER: We don't have a problem that it's not advertised. It's no different than having it under communications and asking the County Attorney -- COMMISSIONER COLETTA: I respectfully don't agree, because what we're doing is we're asking the Commission under communications to be able to bring it back for consideration, just to be able to hear what the possibilities are -- COMMISSIONER HILLER: And that will call for a vote -- COMMISSIONER COLETTA: -- total different world. COMMISSIONER HILLER: It will call for a vote. COMMISSIONER FIALA: Can I make a comment also? CHAIRMAN COYLE: Yes, Commissioner Fiala, go ahead. COMMISSIONER FIALA: I think Commissioner Hiller is right about this, I think it would be good to bring it back to the next meeting when everybody can be available to speak on it. I spoke with Penny Phillippi yesterday, and she said, I won't be in town because you have no subjects on the agenda for me. So it would be better to -- COMMISSIONER HILLER: That's my point -- COMMISSIONER FIALA: Yeah. It would be better to wait till the next meeting and do that. CHAIRMAN COYLE: Here's the thing: Commissioner Coletta's Page 13 January 10, 2012 intent was to get the Commission's permission to direct the County Attorney to prepare a position to be brought back to the Board at a public meeting later. What you're really asking us to do now is to have a vote right now on it, which we can certainly do. But those items are generally covered under communications because we will be changing the agenda merely to find out if the Board wants to bring something back for a public hearing in the future. And so there's nothing that will happen here that will keep the public from being heard on this issue. But the Board has a chance to vote on that issue if you wish now, or you can wait for the correspondence and communication at the end of the meeting and we can vote on it then to instruct the County Attorney to bring it back. COMMISSIONER COLETTA: Maybe the County Attorney would like to weigh in. MR. KLATZKOW: Commissioner Coletta, this is your call. It's your prerogative during communications to raise this. You've heard some concerns that have been raised asking you to bring it back as an agenda item instead. It's your call whether you want to raise this as communications or bring it forward to the next meeting. COMMISSIONER COLETTA: Okay. Well, if we brought it back as an agenda item at the next meeting, is that what you're talking about? COMMISSIONER HILLER: Yes. And that way Penny could be here -- COMMISSIONER COLETTA: And at this point in time, rather than -- COMMISSIONER HILLER: -- and people could be here -- COMMISSIONER COLETTA: -- rather than under communications, I make a motion that we have this -- first that we recognize the fact that the state has granted a nine -month extension, something they've never done before. We recognize that, we send a Page 14 January 10, 2012 letter recognizing it, and then bring it back to the next meeting -- I'm sorry, sir. MR. KLATZKOW: Yeah, you can bring it back yourself at the next meeting. This could be a County Commissioner item if you want COMMISSIONER COLETTA: I'll be happy to do that. MR. KLATZKOW: I'm sure staff in my office would be happy to work with you on that. COMMISSIONER COLETTA: Yes, okay. I think that would probably clarify the whole situation and keep it moving forward. I really didn't want to act on anything solid today without having it duly advertised. And that gets us to where we need to be. COMMISSIONER HILLER: That's great. Thank you. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: You made a motion, second. CHAIRMAN COYLE: We don't need it. COMMISSIONER FIALA: Oh, okay. CHAIRMAN COYLE: No, we don't need a motion now. COMMISSIONER HILLER: As far as ex parte communications, I have none. CHAIRMAN COYLE: Thank you very much. Commissioner Fiala, do you have -- COMMISSIONER FIALA: No, I'm done, thank you. CHAIRMAN COYLE: Okay. We -- we've resolved the issue with the TDC and Mr. Wert, I think. Right, Mr. Wert? MR. WERT: Yes, sir. CHAIRMAN COYLE: Okay. Now we have a disagreement between me and the County Attorney on Item 2.B. I think Item 2.13 should remain on the agenda. County Attorney has asked that it be moved to the consent agenda where there will be no debate. So what is the pleasure of the Board? Page 15 January 10, 2012 COMMISSIONER HENNING: It's my item. I have no problem if you want to talk about it, leave it on the regular agenda. I think the County Attorney's issue was it doesn't have to be on the record. MR. KLATZKOW: My issue is it's not an action item. There's nothing for the Board to vote on. It's simply a procedural process where Commissioner Henning is allowing his form to be put into the official records. If you guys want to talk about it, that's your prerogative. CHAIRMAN COYLE: Okay, it will stay on Item 2.B. Now I will entertain a motion to approve the agenda as modified during this discussion. COMMISSIONER COLETTA: So moved. CHAIRMAN COYLE: Motion by Commissioner Coletta. COMMISSIONER FIALA: And second. CHAIRMAN COYLE: Second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign? (No response.) CHAIRMAN COYLE: The item passes unanimously. Page 16 Proposed Agenda Changes Board of County Commissioners Meeting January 10, 2012 Move Item 2B to Item 16I3: Public declaration of form 8B, Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers, in reference to Item 8A on the Agenda of December 13, 2011, filed by Commissioner Tom Henning. (County Attorney's request) Continue Item 8A to the January 24.2012 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- 2003 -AR -3608: Orangetree PUD -- An Ordinance amending Ordinance Numbers 2005 -42 and 2004 -73, the Orangetree PUD, to add 1,050 residential units for a total of 3,150 residential units; to add 100,000 square feet of office use and add 172,000 square feet of retail use to the existing 60,000 square feet of retail for a total of 332,000 square feet of commercial development; to revise the development standards including building height and setbacks and to add allowable residential, commercial uses and mixed uses, and to eliminate the environmental commitments, for property located in parts of Sections 11,12,13,14, 22 through 27, Township 48 South, Range 27 East, Collier County, Florida consisting of 2,138.76 acres; and by providing an effective date. (Commissioner Fiala's request) Move Item 16A8 to Item 10F: Recommendation to approve Change Order No. 2 to Contract # 10 -5206, with Atkins North America, Inc., for Design Services for Collier Area Transit Transfer Station, in the amount of $99,900 for redesign and post design services, and to extend the contract by six hundred seventy seven (677) days to account for the inclusion of construction and the completion schedule; and to authorize the Chairman to execute the change order. (Commissioner Hiller's request) Move Item 16A10 to Item 10E: Recommendation to approve an economic development agency report required by Section 125.045, Florida Statutes and authorize the County Manager or designee to submit a copy of the report to the Office of Economic and Demographic Research (EDR). (Commissioner Hiller's request) Move Item 16132 to Item 13132: Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (2595 Tamiami Trail East, Fiscal Impact $3,603) (Commissioner Hiller's request) Proposed Agenda Changes Board of County Commissioners Meeting January 10, 2012 Page 2 Continue Item 16E4 to the January 24.2012 BCC Meeting: Recommendation to approve and authorize the Chairman to sign the Assumption Agreement from Tectrans, Inc. to Keolis Transit America, Inc. for Management Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program. (Staffs request to make corrections to buyer's name within agreement) Move Item 16171 to Item 1OC: Recommendation to approve and adopt the Resolutions adopted by the Board of the Pelican Bay Services Division at a Special Meeting on December 14, 2011, with respect to the 1998 Joint Coastal Permit of the Florida Department of Environmental Protection and the Clam Bay Restoration and Management Plan authorized to be implemented under that Permit. (Commissioner Hiller's and Commissioner Coyle's separate requests) Move Item 16173 to Item 1OD: Recommendation to approve In- Market Meeting Planner Site and Familiarization Guidelines for the Tourism Department to provide payment or reimbursement of expenses related to attracting group meetings to Collier County and authorize payment of covered expenses up to an annual total program cost of $150,000. (Commissioner Hiller's request) Time Certain Items: Item 10B to be heard at 11:30 a.m. Item 10C to be heard at 1:00 p.m. 1/10/2012 8:38 AM January 10, 2012 Item #2C DECEMBER 13 -14, 20119 BCC REGULAR MEETING MINUTES — APPROVED AS PRESENTED CHAIRMAN COYLE: We have -- I'm going to jump, if I can, from 2.A to 2.0 and see if we can't get an approval for the December 13th9 14th9 2011 BCC regular meeting minutes. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Second by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER FIALA: Ave. CHAIRMAN HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. It passes unanimously. Item #2B PUBLIC DECLARATION OF FORM 8B, MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS, IN REFERENCE TO ITEM #8A ON THE AGENDA OF DECEMBER 13, 2011, FILED BY COMMISSIONER TOM HENNING — DISCUSSED CHAIRMAN COYLE: Now, that brings us to Item 2.B. And since I wanted to make sure it stayed on the agenda, it's only because I Page 17 January 10, 2012 think this is something that needs to be clarified to keep to a minimum any kind of criticisms of Commissioner Henning for his actions in abstaining. So the concern is twofold with the form, Commissioner Henning. One is it is not dated, there's a blank in the date. So there's no indication as to when it was filed, when you signed it. The second is that at the time you abstained from voting, you said that it was because of a potential for a personal private gain on property that you owned in Immokalee. On the form it states that it's because of a personal private gain of a business associate. That leaves questions which have not been answered. And I would like to provide you the opportunity, if you wish to do so, to explain that. But if you don't, then we'll just move on to the next issue. COMMISSIONER HENNING: Well, I will file -- I'll have the Clerk -- I forwarded the information to the Clerk in the time frame provided by law, okay, so that will answer your question there. CHAIRMAN COYLE: Well, not really, because the document should contain your data. And I'm not arguing with the fact of whether or not you made it in the deadline, I'm certain you did. The point is it's a document that is not dated, and I think that it should be dated if we're going to have it as part of our agenda. That's all -- my only point. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: And the other one is the reason for the abstention. Because people are going to be raising questions now, well, it wasn't really a personal private gain, it was a gain to a business associate. And that's a question that's going to be raised. COMMISSIONER HENNING: Well, I think the Florida Statutes are very clear, Jeff, on this, you know, it is personal gain, business gain, family member gain, or loss. MR. KLATZKOW: I think your explanation is in the disclosure Page 18 January 10, 2012 itself where you set forth that this is the Rogers Trust that owns this but you're the sole beneficiary. CHAIRMAN COYLE: There are two boxes to check on the form. One box is I abstain from voting because I have a personal private gain. The box just below it says because my business associate has a personal private gain. MR. KLATZKOW: I understand, sir. And I think -- I think checking both boxes are appropriate in this context. Commissioner Henning gives forth the explanation below what the Rogers Trust is. And I think that explains the exact relationship that he has with respect to this property. Whether it's in his special private gain or it's because he's the sole beneficiary of a trust, I think the end result is the same. I think the proper disclosure to the public is there -- CHAIRMAN COYLE: The Trust is a business associate? MR. KLATZKOW: I probably wouldn't put it that way, but with the explanation Commissioner Henning gave in the disclosure, I think it's fine. CHAIRMAN COYLE: Well, I would ask that before it becomes a part of the official record that it at least be dated, okay? That's -- COMMISSIONER COLETTA: Is that your motion? CHAIRMAN COYLE: That's my motion. COMMISSIONER HENNING: Wait. It's filed. There is no vote on this item, okay. It was filed at the proper time. And if you would like the e -mail on that, I'd be happy to provide it to you. But to -- you know, again, it's not an issue of voting whether you approve it or not. It's a simple matter of complying to the law. And I've done that. CHAIRMAN COYLE: And any item that is in the official record should be complete and dated. And if you don't want to date it, then that's okay. All right? You don't want to date it, good. All right, we'll go on to the next item. By the way, is it appropriate at this point in time that we then ask for -- ask the ethics committee in Tallahassee if they will give us a ruling as to whether or Page 19 January 10, 2012 not a conflict of interest exists here? Because we could potentially have the Immokalee Area Master Plan coming back for consideration sometime over the next six or eight months. We don't need another surprise about a voting conflict. So I'd like to just clear the air on that. And I don't think you have a voting conflict, quite frankly, but I'm not the authority here. So I'd just like to clear it up. I'd like to find out what the answer is. Is there anything that keeps us from doing that, County Attorney? MR. KLATZKOW: You can do that personally. You can personally contact the State Ethics Commission. CHAIRMAN COYLE: Why can't the Board -- MR. KLATZKOW: Or as a board you can vote and direct me to do that. Whether or not they will do that, I'm not sure at this point in time. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you sir. At this point in time, I'm trying to mend some bridges to try to keep everything going forward. The objective is to get the Immokalee Master Plan passed in a way that's going to be the will of the people in Immokalee. I'd rather that we didn't have anything in there questioning a form or the date in or out of it. I would just as soon let this go by and accept it for what it is, and the explanation for what it is. I don't see anything to be gained. I mean, we can always consult with the County Attorney if we have a like issue as to what we should do. MR. KLATZKOW: We had a very close issue with this where Commissioner Halas had asked for a ruling on property that he owned with respect to a variance. And based on what we got back from the State Ethics Commission, I think they would be very supportive of what Commissioner Henning did. CHAIRMAN COYLE: Then why don't we find out? COMMISSIONER COLETTA: Excuse me, but I don't agree. Page 20 January 10, 2012 I'd just say let's let this go. CHAIRMAN COYLE: Okay. Okay. And if we get three months down the road and the conflict still exists, you're still going to have the same problem you had before. COMMISSIONER COLETTA: Well, let's trust everybody's better judgment and go forward from there. CHAIRMAN COYLE: Okay, all right. Commissioner Hiller? COMMISSIONER HILLER: Yeah, I'm actually concerned by what I'm hearing from you, Commissioner Coyle. And I've actually heard the same thing from Commissioner Coletta, and that is neither of you believe that what Commissioner Henning recognizes as a conflict, and that is potential profit as a result of a vote he might cast with respect to this property, would not be a problem. I mean, I guess I'm going to ask both of you a question. Have you guys voted on issues where you have owned property and that property potentially would have appreciated in value either directly or indirectly through family members or a trust or anything like that? Because I mean, that would leave me really concerned. And I'd like to hear whether or not you've ever voted on anything like that. COMMISSIONER COLETTA: May I respond first, sir? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER COLETTA: The truth of the matter is, every time when we have issues come forward like we had the Golden Gate Master Plan, and I own commercial property in Golden Gate City and I own property in Golden Gate Estates where my home is, yeah, I consulted with the County Attorney. It was a concern on my part. And it was explained to me at the time that there wasn't a conflict. In Commissioner Henning's case he perceives there's a conflict and that's all that matters. I'm not arguing with that. I don't know where you think I'm trying to argue with Commissioner Henning's stance on this. His perception is the only thing that matters. Page 21 January 10, 2012 COMMISSIONER HILLER: I think he's definitely going to profit. I mean, if there's going to -- you know, and quite frankly, that whole Immokalee Area Master Plan, as I said, seems to be a density intensity grab where there are a lot of people who are going to profit an awful lot. COMMISSIONER COLETTA: And we'll get into that disc -- may I continue? CHAIRMAN COYLE: Why not? COMMISSIONER COLETTA: Thank you. We'll get into that discussion when we get near it. But what we're going to be dealing with is to first to be able to get this going forward again with some sort of process, which we don't know what it's going to be. Then we're going to be dealing with the issue of the process itself and step by step through it and when it's going to come to conclusion. When it comes to a conclusion and you vote on it, there may be a perceived conflict if somebody owns property. At that point in time maybe they won't own property at that time or some other avenue will be able to be discovered to be able to go forward. But the thing is, is that if we -- if you own any particular property within the county and that's going to be an impediment just because you own the property, then I think this Board would be totally ineffective and we should probably hire Lee County Commissioners to govern Collier County. COMMISSIONER HILLER: Obviously that's not the case in this particular situation. I mean, this is, you know, obviously a change of use that will affect specific properties -- COMMISSIONER COLETTA: Well, it -- COMMISSIONER HILLER: -- and not generally. But let me ask you this -- COMMISSIONER COLETTA: It won't, though. COMMISSIONER HILLER: Commissioner, it's my turn, I'm the one who's speaking -- Page 22 January 10, 2012 CHAIRMAN COYLE: Okay, Commissioners, calm down. COMMISSIONER HILLER: Why did Commissioner Coletta not recuse himself on the Estates Master Plan? MR. KLATZKOW: He doesn't have to. We all own property. I own property in this county, my house. COMMISSIONER HILLER: I know. Specifically on the -- MR. KLATZKOW: There's -- there are two elements to this, okay. One is when you get a vote that nears to your personal gain. And it has to be direct, all right. But the other statute talks about a perception of an impropriety. So that you can vote on something based on one thing and not vote on it based on the other statute. And the state ethics opinions are very clear on that one. The State Ethics Commission gives you a great deal of latitude on your ability to abstain on voting from that standpoint. And they understand that there are certain communities that are more sensitive to these things than other communities, which is why they give you this wiggle room. COMMISSIONER HILLER: So you're fine with what Commissioner Henning has done? MR. KLATZKOW: Yes. Now to get back, had there been a rezone of property that Commissioner Coletta owned half the property, at that point in time it's an absolute direct effect on him and he would have to abstain. But if you own one personal residence in Golden Gate and you have a Golden Gate Area Master Plan, you're just one of a large group of people who are benefiting from it, and from that standpoint you can vote. Every time you vote on the millage, each and every one of you owns property that is being affected by that. COMMISSIONER HILLER: In the case of Commissioner Henning, given that he has a specific property that, as I understand it, Page 23 January 10, 2012 will have its use affected as a result of this vote, that would be in effect a direct benefit to him. MR. KLATZKOW: Yes, but he's just one of -- COMMISSIONER HILLER: Because -- it's not just -- MR. KLATZKOW: But he's just one of a large number of people being affected by this -- COMMISSIONER HILLER: But it directly -- but it doesn't matter, it directly benefits him. MR. KLATZKOW: But he's such a small part of the population. COMMISSIONER HILLER: But it directly benefits to him. CHAIRMAN COYLE: Let's stop this, okay. First of all, there is a one percent rule that the ethics commission uses as a guideline. It's very simple. All you ask them is does it violate the one percent rule, and they'll tell you yes or no. So it's a simple process, and -- but let's let it go, as Commissioner Coletta has suggested, and we'll move on. Okay? MR. OCHS: Yes, sir. Item #4A PROCLAMATION RECOGNIZING THE CONTRIBUTIONS MADE BY MYRA JANCO DANIELS TO THE CULTURAL LIFE OF THE CITIZENS OF COLLIER COUNTY AND NAMING JANUARY 2012 AS MYRA JANCO DANIELS MONTH. ACCEPTED BY MYRA JANCO DANIELS — ADOPTED MR. OCHS : That moves us to item four on your agenda this morning. I believe the Commissioners are going to join us down in front of the dais for this first proclamation this morning. It's 4.A on your agenda, Commissioners. It's a proclamation recognizing the contributions made by Myra Janco Daniels to the cultural life of the citizens of Collier County and naming January, 2012 as Myra Janco Page 24 January 10, 2012 Daniels month. To be accepted by Myra Janco Daniels. And this item is sponsored by the entire Board of County Commissioners. Commissioner Coyle I believe is going to read the proclamation. CHAIRMAN COYLE: The Board of County Commissioners has approved this proclamation, or will soon approve the proclamation, which I will read to you. WHEREAS, Myra Janco Daniels is honored by the Collier County Board of County Commissioners in recognition of the contributions she has made to the arts in Southwest Florida, and in particular her leadership from inception of the Naples Philharmonic Center for the Arts, a symbol of cultural excellence; AND WHEREAS, 1982 was the year this remarkable woman focused her drive to begin the journey that would lead to the Naples Philharmonic Center for the Arts as we know it today, a 30 -year commitment; AND WHEREAS, through this journey the consistent elements were the vision, passion and leadership of Myra Janco Daniels, forging alliances of like- minded people who shared her dream of a center for the performing and visual arts, and with a supportive board built an organization that provided a solid foundation for the development of the Naples Philharmonic Center for the Arts; AND WHEREAS, as a reflection of the respect that Myra Janco Daniels has engendered in Southwest Florida, financial support has built the Philharmonic Center, an architectural triumph that provides a home from which the performing arts flourish and visual arts continue to grow, ensuring continuous development of cultural excellence in Collier County and Southwest Florida; AND WHEREAS, as a county we recognize the debt of gratitude we owe to Myra Janco Daniels for her commitment over the past 30 years and the tenacity of spirit that will still be present at the Naples Philharmonic Center for the Arts, even after her retirement. The heritage Myra Janco Daniels is leaving is interwoven into the fabric of Page 25 January 10, 2012 the Naples Philharmonic Center for the Arts. The Collier County Board of County Commissioners recognizes the contributions made by Myra Janco Daniels to the cultural life of the citizens of Collier County, and proclaims this month, January, 2012, as Myra Janco Daniels Month in recognition of the county's heartfelt appreciation. DONE AND ORDERED this 10th day of January -- we have accompanying music -- this 10th day of January, 2012, Board of County Commissioners, Fred Coyle, Chairman. Myra, it gives me great pleasure to make this presentation to you. I'll probably be doing a similar one on Sunday. MS. DANIELS: So you'll take it back? CHAIRMAN COYLE: No, I'm going to let you have this one, okay. (Applause.) MS. DANIELS: I might just say to you, I have one mission and that is to help make this a better place to live. And when I pulled my curtain last January and told them I'd be retiring, I did it with a bittersweet, because I love this community and I love what I have tried to contribute. I want you all to help keep that alive. Thank you. (Applause.) MS. DANIELS: I'm very touched by this. Item #4B PROCLAMATION RECOGNIZING THE REMODELERS COUNCIL OF THE COLLIER BUILDING INDUSTRY ASSOCIATION FOR THEIR EFFORTS TO REHABILITATE THE HOME OF JANICE BRONSTEIN TO MAKE IT WHEELCHAIR ACCESSIBLE AND INCREASE HER IN -HOME MOBILITY. ACCEPTED BY KATHY CURATOLO, TOM WEGWERT, CHRIS ALLEY AND BRIAN CONELL — ADOPTED Page 26 January 10, 2012 MR. OCHS: Sir, Item 43 is a proclamation recognizing the Remodelers Council of the Collier Building Industry Association for their efforts to rehabilitate the home of Janice Bronstein to make it wheelchair accessible and increase her in -home mobility. This item is to be accepted by Kathy Curatolo, Tom Wegwert, Chris Alley and Brian Conell. And the item is sponsored by Commissioner Coyle. Would you please come forward and accept your award. (Applause.) MS. CURATOLO: I just want to mention that we have folks from Waste Management who were very instrumental in the project. We also have Janice Bronstein with us and we'd like her to come forward. Thank you. CHAIRMAN COYLE: I'm going to present this to you, Kathy. Thank you very much. This is an unusual day. We generally don't read them. WHEREAS, the Collier County Building Industry Association is an organization of dedicated industry professionals who are inspired to make a real difference in the Collier County community through advocacy, education, networking and philanthropy; AND WHEREAS, CBIA has been one of the most influential and important associations in Collier County since 1984; AND WHEREAS, the CBIA Remodelers Council is an empowered and respected team of remodeling professionals dedicated to the leadership and service of its members and the community; AND WHEREAS, the Remodelers Council is active in community outreach and lends its expertise to renovation projects for Collier County residents in need; AND WHEREAS, the Remodelers Council has partnered with title sponsor to Waste Management to renovate the home of Janice Bronstein, the widow of a decorated World War II veteran with Page 27 January 10, 2012 multiple sclerosis to make it wheelchair acceptable and provide increased in -home mobility; WHEREAS, this effort is a tribute to the community contributions of Ms. Bronstein through her work with the Multiple Sclerosis Walk and Forum Club, as well as her late husband's service to our nation. NOW THEREFORE, be it proclaimed by the Board of County Commissioner of Collier County, Florida that the Remodelers Council of the Collier Building Industry Association be recognized for their contributions to Collier County residents in need. DONE AND ORDERED this 10th day of January, 2012, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. And thank you very much for the wonderful work you're doing. Appreciate your service to the community. And I wish you wonderful luck, good health. (Applause.) Item #4C PROCLAMATION RECOGNIZING CHABAD OF NAPLES FOR ITS GROWTH, CONTRIBUTIONS AND SUCCESS IN COLLIER COUNTY. ACCEPTED BY RABBI FISHEL ZAKLOS — ADOPTED MR. OCHS: Commissioners, Item 4.0 is a proclamation recognizing Chabad of Naples for its growth, contributions and success in Collier County. This award will be accepted by Dr. Art Seigel, President of Chabad Naples, and it is sponsored by the entire Board of County Commissioners. Please come forward, sir. (Applause.) Page 28 January 10, 2012 ART SEIGEL: Thank you. For the Chabad of Naples Jewish Community Center, thank you very much for this honor. I first started coming to Collier County in 1971, and I must admit, I did not see this day coming in 1971. The graciousness and the welcoming of the Commissioners to all faiths in Collier County is really remarkable and should be a role model for everybody else. So thank you. The grand gala opening celebration at the Chabad of Naples Jewish Community Center will be this Sunday at 4:00 at the Chabad with Governor Rick Scott as our featured guest, and everybody in the room is invited. So thank you very much. (Applause.) CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Doctor, since you invited everybody, do you want to, like, tell them where to go? Just a thought. ART SEIGEL: Yes. The Chabad Jewish Center is at 1789 Mandarin Road, which is one block west of the Coastland Mall. It's off of Orchid. See you there. Item #4D PROCLAMATION DESIGNATING FEBRUARY 11, 2012 AS BABY BASICS DAY IN COLLIER COUNTY. ACCEPTED BY DICK AND JEAN ANN LYNCH AND REG AND SANDRA BUXTON — ADOPTED MR. OCHS: Item 4.D is a proclamation designating February 11, 2012 as Baby Basics Day in Collier County. To be accepted by Dick and Jean Ann Lynch, and Reg and Sandra Buxton. This item is sponsored by Commissioner Coletta. Please come forward. Page 29 January 10, 2012 (Applause.) MS. LYNCH: On behalf of the board of directors of Baby Basics and all the families that we serve, I want to thank you all for allowing us to have this proclamation. As many of you know, Baby Basics is a program that provides diapers free to families in Collier County who are working and their babies are three and under. Currently we have over 300 babies in our program. And this proclamation is regarding our biking/walking event, which is our major fundraiser. And we are honored to have Commissioner Jim Coletta as our honorary chairman. We also are having another portion of our biking/walking event, which will include riding outside the park, inside Collier North Regional Park, and a walking event inside the park. We have refreshments, entertainment. It's a wonderful day. But we're also having a second aspect, which is inviting those people in our county, as well as some statewide who are running for office to have a little spot at our event where they can meet the many participants that are coming and also have an opportunity to tell about what they believe makes them wonderful viable candidates. So we invite you all to come. We certainly hope that it will be a great day. Last week we froze to death -- last month. This is our third event. But I do appreciate this. And it's an honor to be here. Thank you so much. (Applause.) Item #4 PROCLAMATIONS (ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS) — ADOPTED COMMISSIONER HENNING: Move to approve today's proclamations. Page 30 January 10, 2012 COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, motion to approve by Commissioner Henning, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MR. OCHS: Commissioners, Item 5.A is a presentation of the Collier County Business of the Month for January, 2012 -- I'm sorry? CHAIRMAN COYLE: Hold on. Commissioner Hiller? COMMISSIONER HILLER: Before we jump to the next agenda item, can I sort of have like a little mini proclamation that's not on the agenda? And that is to proclaim how great our workers are and thank you so much Leo and the facilities staff for everything you have done in terms of changing the lighting here. I don't know if people notice, but they really deserve credit for doing an incredible job of working through the Christmas holidays to make this better for everybody. MR. OCHS: Thank you very much, ma'am, on behalf of the staff. They did in fact work hard on that, and glad to get the positive feedback. COMMISSIONER HILLER: It's an unofficial proclamation on behalf of the Board of County Commissioners. COMMISSIONER FIALA: I second that. MR. OCHS: We'll accept it, thank you. Again, 5.A, sir -- CHAIRMAN COYLE: We didn't -- did we approve -- accept the proclamations? Page 31 January 10, 2012 MR. OCHS: Yes, sir, Commissioner Henning just made that motion. CHAIRMAN COYLE: That's right, that's right. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR JANUARY 2012 TO NAPLES BOTANICAL GARDEN. ACCEPTING THE AWARD ARE JOYCE ZIRKLE, SHANNON PALMER AND CHRIS BRIGHTON — PRESENTED MR. OCHS: So 5.A is a presentation of the Collier County Business of the Month for January, 2012 to Naples Botanical Garden. Accepting the award are Joyce Zirkle, Shannon Palmer and Chris Brighton. Please come forward. (Applause.) MS. ZIRKLE: On behalf of everyone at the Naples Botanical Garden, including our incredible board of directors, all of our staff and remarkable volunteers, I'd like to say thank you for this award. It's very much appreciated. And if you haven't been to the Garden lately, please plan a visit. And you can check our new revamped website. It's naplesgarden.org. Thank you very much. (Applause.) CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Could I give a personal note? And I know that this is no place to do it but I want to anyway. I'm lucky because I get to sit up here and the Chairman said I could. CHAIRMAN COYLE: It's my mistake. COMMISSIONER FIALA: Every year I give tours at different things around the county that I feel would be of interest to people. And this year I took a tour over to the Botanical Garden. And the Page 32 January 10, 2012 volunteers, the staff, they were so wonderful. It was just great dealing with everybody. But one of the volunteers told us a story that I thought maybe you'd get a kick out of. We were in the butterfly garden and there was this gorgeous butterfly, it was almost iridescent green. It was so pretty. And this volunteer, I think his name was Mike Sullivan, and he said to us, he said, do you know what that is? No. He said, that's the luna moth. He said it's got a wing span of six inches, which amazed me. He said the most amazing thing is they're born without a mouth. And without a mouth they can't eat and so they die in two days. And so in those two days they have to find their mate, make some eggs, lay the eggs and then they die. And I thought that was the most interesting thing I've ever heard, so I thought I'd pass that on. CHAIRMAN COYLE: I would like to explore that process -- COMMISSIONER FIALA: Not with me. COMMISSIONER HILLER: You know what, Commissioner Coyle, you're right, can you imagine how our Board meetings would go if that were the case? Wow. CHAIRMAN COYLE: It would be so much better. MR. OCHS: Is that a motion, sir? CHAIRMAN COYLE: For all of us, yes. COMMISSIONER HILLER: A promise. CHAIRMAN COYLE: Okay. Item #5B RECOGNIZING SHEREE MEDIAVILLA, ADMINISTRATIVE ASSISTANT, PUBLIC UTILITIES OPERATIONS DEPARTMENT, AS THE EMPLOYEE OF THE YEAR FOR 2011 —PRESENTED MR. OCHS: Commissioners, that takes us to Item 5.B on your Page 33 January 10, 2012 agenda this morning. This is a recommendation to recognize Sheree Mediavilla, Administrative Assistant from our Public Utilities Operations Department, as the Employee of the Year for 2011. Sheree, if you'd please come forward and accept your recognition. (Applause.) MR. OCHS: Sheree, if you'd stand still there for a minute, I'm going to embarrass you with a few remarks while you get your photo taken. Commissioners, Sheree was selected by a committee from a list of several employees of the month during the year to be our Employee of the Year for 2011. Sheree's been an employee of the county for over 12 years. She's been an administrative assistant in our Public Utilities Division since January of 2010. Since that time, and certainly before that, she's always used her positive attitude, her training and her expertise and experience with the county to have an immediate impact on any place that she works. She provides excellent support for the division, particularly in the area of hiring and staffing needs. She also contributes to many different projects within the division, most notably close coordination with the Clerk's Office on all of the division's financial reporting. And she also works very closely with her colleagues inside the division in the preparation of the budget, which is a large undertaking each and every year, and she does it with wonderful skill and attitude. Sheree is certainly a treasure to have here as an employee of the county, a valuable contributor to our organization and obviously very deserving of this award. Commissioners, it's my distinct honor to present to you Sheree Mediavilla, Employee of the Year for 2011. Congratulations, Sheree. (Applause.) CHAIRMAN COYLE: You can make a five - minute speech. Page 34 January 10, 2012 MS. MEDIAVILLA: I've been blessed with working in Collier County for almost 13 years. In fact, on March 3rd of 1999 was my first day. And I've had wonderful experience with directors who have taught me. I spent eight years in Risk Management and learned the business of this county, the financials, the insurance, the claims, and I've grown a lot through the help of Jeff Walker. I have learned and been stretched amazingly by Dan Rodriguez, who has helped me grow to other lengths. And I'm very thankful to be with Tom Wides, who has allowed me to reinvent myself and use the talents that I've learned these 13 years to bring it to this position. And I am honored and grateful. Thank you for this award. (Applause.) Item #5C SELECTION OF CHAIRMAN AND VICE - CHAIRMAN: MOTION TO APPOINT COMMISSIONER COYLE AS CHAIRMAN — APPROVED; MOTION TO APPOINT COMMISSIONER COLETTA AS VICE - CHAIRMAN — APPROVED MR. OCHS: 5.0 is the selection of chairman and vice - chairman. COMMISSIONER COLETTA: Fred Coyle is the person I'd like to nominate for the chair. COMMISSIONER FIALA: Okay, I'll second that. COMMISSIONER COLETTA: And I'd like to, if I could, explain why. I was very much looking forward to being the chair, I enjoyed being the chair two different times. We're in the middle of a political year where three commissioners are running for office, and I think at this point in time for -- to be politically prudent it would be best that I do not serve as the chair for this year. But I'd welcome the opportunity in a future year. Page 35 January 10, 2012 CHAIRMAN COYLE: At the risk of my mental health, okay. Are there any other nominations? COMMISSIONER FIALA: Pick yourself up off the floor and -- CHAIRMAN COYLE: We have, I think, Commissioner Henning or Commissioner Hiller, I'm not sure which is first. COMMISSIONER HILLER: Let Commissioner Henning go first. COMMISSIONER HENNING: Well, you know, it seems interesting, if we want to keep politics off it, there has been nothing but politics over the last year. In fact, the Chairman has supported every political County Commission race in Collier County. So it is going to be continued to be political. If you want it to not be political, pick Commissioner Hiller, she hasn't been involved in any race. But Commissioner Coyle has supported -- is supporting my opponent, he's supporting Commissioner Coletta, and he's supporting Commissioner Fiala. So it is nothing but politics, and it has been over the last year and it will continue. CHAIRMAN COYLE: Thank you. By the way, I'm not supporting every political candidate in Collier County. COMMISSIONER HENNING: Every race for County Commission. CHAIRMAN COYLE: Oh, in every race, okay. Thank you. Commissioner Hiller? COMMISSIONER HILLER: Yeah. You know, you served three terms, Commissioner Coyle, is just too much. CHAIRMAN COYLE: Tell me about it. COMMISSIONER HILLER: Let's face it, we really need rotation in leadership. And to eliminate any politics, what should be done is there should be a natural rotation so that all Board members have the opportunity to chair this Board, and this community has the opportunity in each of the districts to have at a point in time their Page 36 January 10, 2012 Commissioner as the chair. It just -- to go -- for you to be chair for three years goes against what good leadership is all about. So I support what was proposed last year, and that is that Commissioner Coletta would be chair and Commissioner Henning would be vice chair, and I certainly don't support you as chair for year three. CHAIRMAN COYLE: Okay, thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes, of course I'm still -- my mind is still going at this thing, because I had expected to nominate Jim Coletta. But, you know, I understand where he's coming from also, because it's a tough race ahead of us, and we've got a lot of opposition right here on the Board, and we've got three candidates running, and it's a tough -- when you're running for office, it's very tough anyway. You've got to be at a lot of places, got to do a lot of things, doesn't give you much time to do anything else. And I can understand where he's going. And I think if it were me, I would probably do the same thing. And so I second that motion. It's a big step. I think it will be the first time in history that anything like that has ever happened. As a matter of fact, I don't know of any other time. Not that I've looked and researched it. But I don't remember anything, and I've been here almost 38 years now. But anyway -- and maybe this year will be a -- maybe after this first contentious year maybe this will be a cooling off period as the three candidates are running for office, and hopefully the other two can lead us. But I would certainly nominate Jim Coletta as vice chair so that he becomes chair next year. Anyway, of course I don't have an opportunity right now to nominate him, but I will when this is finished. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yes, and the other thing is, I don't Page 37 January 10, 2012 think who is nominated should have the ability to vote for themselves. I think the vote has to be determined -- if a motion is made, then who is nominated should not vote, as is always the case -- COMMISSIONER FIALA: No, it's not always the case. We've never not voted. COMMISSIONER HILLER: Well, I think that's a problem. And I don't think that's appropriate. Because obviously, you know, voting for yourself skews the outcome. Obviously you're going to have a bias towards yourself, I'm sure. So I don't think that's acceptable. So, you know, to the extent that there's a vote, whoever is nominated cannot vote for themselves and it should be determined by the balance. COMMISSIONER FIALA: Well, let's let the County Attorney -- COMMISSIONER HILLER: Because there's very clearly -- I mean, there's very clearly a conflict to vote on your own election. MR. KLATZKOW: The chairman serves at the pleasure of the Board. All board members can vote. COMMISSIONER HENNING: And should vote. MR. KLATZKOW: That's your rules, yes. COMMISSIONER HILLER: Well, I think those rules should change. And I also think the rules should change to -- so that -- to eliminate the politics, as is being played out right now, that this Board have a natural rotation where it's not a question of vote but it's just natural succession, and everyone has an opportunity equally to be chair and to have their district represented in a chairmanship role. Because that's obviously not happening. And you're basically being unfair to the other districts. CHAIRMAN COYLE: Okay. Commissioner Fiala, do you want to say anything more or -- COMMISSIONER FIALA: I was going to, but maybe I'll just let it lie right now. You know -- CHAIRMAN COYLE: You want to let it lie or -- January 10, 2012 COMMISSIONER FIALA: Yeah, I guess I'd better. CHAIRMAN COYLE: Okay, thank you very much. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, it passes 3 -2 with Commissioner Hiller and Henning dissenting. COMMISSIONER FIALA: I'd like to make a motion to select Jim Coletta as the vice - chairman for next year. CHAIRMAN COYLE: I'll second that motion. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay. It's opposed by Commissioner Hiller and Henning. Passes 3 -2. Okay. Item #6A PUBLIC PETITION FROM JOHN H. MARKER REGARDING FLOODING ON 18TH STREET NORTHEAST — MOTION TO BRING BACK TO THE FEBRUARY 14, 2012 BCC MEETING AND STAFF TO MEET WITH PETITIONER REGARDING HIS SPECIFIC PROBLEM — APPROVED Page 39 January 10, 2012 MR. OCHS: That takes us to 6 -A, sir. A public petition request from John H. Marker regarding flooding on the 18th Street -- excuse me, on 18th Street Northeast. MR. MARKER: Commissioners, my name is John Marker. I live at 18th Street Northeast, 831. This last year we've been flooded several times. And obviously the canal back there, what needs to be done to help control this, 16th Street Northeast, that canal appears not to be dug there. You can walk across the canal when the water's at low level at the weir west of 10 Street Northeast, and you don't need high boots. It just barely goes over your tops of your shoes. This goes on for at least 400 feet to the west from that point. If you're in an outboard motor with an 18 -inch draft up into there, you have to raise your outboard motor engine up because you're churning up mud and rock, even at high water levels. The other issue on up into there is that my neighbor across the street from me at 710 18th Street Northeast, his culvert pipe is 28 inches above the invert elevation of the swale. That's his invert. This water is backed up continually right there. Once it hits 29 inches, it does go through his culvert pipe. Most of the time, the only time his culvert pipe sees pipe water is when it rains in it. It has caused his well to be contaminated, and which I helped him clear up. I've had road and bridge out there, water management out there, the whole bunch of them. Mark Burtchin with the county, I went with him over the culvert pipes out in there. And 310 -- let's see -- 370 18th Street Northeast, that apron, concrete apron and culvert pipe was installed. And the culvert pipes are not out at the end of the culvert pipe, just the concrete, to code. And it's undermined the concrete so much that the way that the concrete itself is breaking down, that apron needed guardrails on it for those homeowners. That home is vacant right now as I can see. Page 40 January 10, 2012 Once you come on down to the west there -- or to the north, excuse me, and get down past 391 or -- about halfway down the street, these are unimproved lots. And all those ditches on that side of the street are way down below the bottom of the culvert pipes. This water holds there, stagnates, everybody on our street has got a respiratory cough and have went to the doctor over this, over the recent flooding we had. These things need to be addressed out into there to get this situation straightened up a little bit. Mostly the water that comes in across my property comes on the backflow from the canal. It runs from the west to the east. That canal runs from the east to the west. It comes down underneath, hits an amphitheater such thing at 16th Street Northeast this way, shoves the water straight up, comes in on 16th and comes across our property. The last time we had three- and -a -half inches of rain in two days, it quit raining, and all of a sudden I'm sitting there doing a takeoff on some work that I do as a small businessman, it caught my eye that I had a wall of water about a foot deep came in across our property from the west to the east. Called water management on this problem. They said it didn't impact me very much. It cost me $3,000 and a customer. I think that's impact enough at times like this. They also told me the bottom line was it would go down an inch a day, that's bottom line. It didn't. I called WINK News. They came out. And I informed water management they were coming out Monday morning at 8:30. WINK News came out, and as they were coming I was going out to a job site out in Golden Gate Estates, I saw water management at Golden Gate Boulevard and 10th Street bridge, so to speak. And they also went down 10th Street. I went to the job site. When I came home at 6:00 that night that water dropped a foot. WINK News came the next day, did it, a takeoff. And I explained to them what was going on and everything. They proceeded -- on a Friday we got six inches of rain. That Page 41 January 10, 2012 water accumulated in my backyard 28 inches deep in the ditch almost over the crest of the road. Water management still did nothing. I don't think there was anything they could do. The Hydrilla that they clipped in the canals and piled on the side floated down and came in my ditch so deep, and it was about 18 inches deep, they had to come out and remove it, the stench was awful. It was also piled up against the bridge at 10th Street, at Golden Gate Boulevard, and endangered that bridge of collapsing. It was over halfway up on the bottom of it. Right now this morning coming in, that Hydrilla is still piled up in front of that bridge. It will not take a heavy rain. I had Travis Gossard out there with road and bridge, if I might continue with that. He proceeded to tell my neighbor and myself, aren't you aware of the fact that you live in a buyer beware state? I've lived here since 1977, I've never heard anybody tell me anything like that. Very upset. He also walked back on my neighbor's property. His well was contaminated. He told him as soon as he cleared the back end of his house his well was illegal, that's why it was contaminated. It's supposed to be as high as the septic tank and it's not. It's very even with the ditches, a blatant disrespect of codes out there during this -- yeah, whatever word I'm looking for. I get like Rick Perry right now. Just on the inspection, that's what it is. They're turning their back on -- Mark Burtchin, with road and bridge also told me that they ignore the elevations on the permit for a culvert installation in Golden Gate Estates because they want the property to flood. We do not fill our properties completely out there. We all know it's just a mound to put your house on. God put enough water out in there, don't need any help from the county. That ditch should flow as long as the canal will take the water. If the canal does not take the water, we all know what happens after that. I'd like to see this stuff addressed and taken care of. Get this January 10, 2012 water to flow out in there. CHAIRMAN COYLE: Thank you very much. Commissioner Coletta? COMMISSIONER COLETTA: Yes, John, thank you so much for coming in and taking advantage of the public petition process. MR. MARKER: I didn't know you was talking, sir. COMMISSIONER COLETTA: I know, the voice sounds like it's coming from above. MR. MARKER: I got hearing aids, it came from back there. COMMISSIONER COLETTA: I suffer the same thing, only I forgot to wear my hearing aids today. But going back, you brought up some issues that I got to ask staff some questions, if you don't mind, and maybe we will get to a point that we have a better understanding of what can be done and what can't be done. Nick, or whoever, the issue of the flooding there, there's a couple questions I got. One was the 28 inches difference in the culverts in the -- that are draining the water out. Is that true, is it 28 inches difference? MR. CASALANGUIDA: Within a portion of the swale that's out there the ground next to a culvert, one of the crossings is lower than the culvert itself. The applicant of that property could surely raise that grade up if they wanted to. That's not an issue. Commissioner, just to point out a couple of things. I want to be clear on the record. Again, Nick Casalanguida from the Growth Management Division. We absolutely do not let people set culverts without us going out there and supervising that grade elevation. That's -- I want to make sure that's clear on the record. When you permit a driveway, we set the grade with you to make sure that those culvert crossings -- COMMISSIONER COLETTA: Your staff has never -- has ever Page 43 January 10, 2012 said that they wanted it to flood out there? MR. CASALANGUIDA: No, sir. COMMISSIONER COLETTA: Maybe it was something about the fact that there was some water that will back up. I'm not too sure how to explain it, but that would be a terrible statement to make. MR. CASALANGUIDA: Absolutely not. That's not -- incorrect, sir. So let me take you a little bit of what happened. I asked Clarence to be here as well. First of all, we received rainfall that end of October, almost five inches in one weekend. And then for the month of October, where we typically get an average of three- and -a -half, we got almost 10 inches of rain. My property in the Estates was flooded for almost five weeks. At my father's backyard you could see the water just standing there for quite a bit of time. The property where the gentleman sits is on 18th Street Northeast. I'm going to put on the viewer if I could a couple of diagrams, and I think it might shed a little light on what we're dealing with. North is heading this way. This is the Golden Gate canal. And this red dot is the location where the gentleman's home is. It's on 18th Street Northeast. On another map -- I'll go overlay them one at a time, Leo, to give you a rough idea. The red in those areas is jurisdictional wetlands. And this is 18th Street Northeast. So there's a large amount of jurisdictional wetlands that's in that location. This is a LIDAR of the general property. COMMISSIONER HILLER: One second. Nick, can you go back to that? Where on 18th Street is the subject property? MR. CASALANGUIDA: Subject property is up in this location here. COMMISSIONER HILLER: Where? MR. CASALANGUIDA: Tip of my pen. January 10, 2012 COMMISSIONER HILLER: Between 22 and 21? MR. CASALANGUIDA: In that location, yes, ma'am. And then when I put the LIDAR on, and I'll put it -- it's not to scale but in the general location so you see what I'm talking about, the man's property is here. The blue is the elevation 10.4. And then what I did is I went specific to the lot. And this is really, you know, eye opening for us. And this is by LIDAR. And this is going to be a little bit out of scale but I'll give you the feel for it. This is the gentleman's property here. His grades in the back are 10. 15 10.55 10.2. And I would say these are all plus or minus a half a foot. The grades around, 12.6, 13.15 12.75 12.3, 125 12.8. And you can see by the color of orange and yellow, that's about 12 and a half. I'm going to go back one slide to give you a feel. Whenever the house was built, typically they clear the lots and they excavate out a little bit, so he is in the middle of a bowl there. Back to this map. Speaking of clearance, this staged up to 12.8 during that recent storm. So the water of the canal was 12.8 and his backyard was roughly at 10. 1, 10.4. So he is getting water coming into the canals, as my lot did on 19th Street Northwest as well. A lot of us did. As the canal staged up, water came back in. But again, I want to remind you, we had 10 and a half inches of rain in a month we typically get three and a half. So not uncommon. And then when you have a lot that's in an area, you know, water flows to its least resistance, you're going to have a significant amount of ponding there. And with the grade change in a short distance of two and a half feet, I can certainly see where the gentleman would have received and seen that as soon as the canal banks crested, water would have been gushing into his backyard. And that's not untypical in the Estates. And this is not a singular complaint we received. So to that I can answer other questions you have, but I would think it was just a rain event, a lot of rain, one period of time. COMMISSIONER COLETTA: I do have some more questions, Page 45 January 10, 2012 if I may continue here. The backflow from the canal, I understand that now. But possibly Clarence Tears, if he could come forward for just a moment. Would you mind, Mr. Tears? MR. TEARS: If I said yes? COMMISSIONER COLETTA: If you said no, we'd chase you out to the elevator. MR. TEARS: Good morning. Clarence Tears, Director of Big Cypress Basin, South Florida Water Management District. COMMISSIONER COLETTA: Mr. Tears, one of the things we realize, there are certain things that are not fixable. In other words, we have a canal that has excess capacity, you get a certain amount of rain over and above the ability of the capacity of the canal. Water's always going to flow downhill to the lowest level and it's going to seek out people's yards. And for what it's worth, what would it take to fix the canals in Golden Gate so they might be -- what are they rated now, for one out of 10 -year event? MR. TEARS: One in 10 -year storm event, which is what we had in October at the end of a wet season. COMMISSIONER COLETTA: Well, just some long -range thinking, what would it take to bring these canals up to something that might be like one out of a 20 -year? MR. TEARS: Let me explain what we have. We have a system where it drains a 128 - square mile area, which drains out by Bear's Paw. And so I try to equate it, it's like a bathtub, you know, the drain's only so big. And the drain, you can look at the drain and the water's moving, but if you look at the back of your bathtub, it doesn't look like it's moving. But then you start to see the film as the water levels go down. During major rain events, we can only move about a tenth of an inch a day -- or a tenth of a foot a day of water during peak events. That's all we can do, you know. It's a gravity flow system. What we're Page 46 January 10, 2012 looking at is we -- you know, long -range plans of Henderson Creek diversion, the Belle Meade diversion, those are answers, those are the key. But the challenge is land acquisition. So I'm working with Nick and his staff, transportation corridors, we're trying to find the best way to move the water. Because it ends up in Naples Bay, and water in itself can be a pollutant in large amounts. So we're trying to redirect surface flows. Those are some of the long -range plans. Some of the short -range plans we're looking at is the C -1 connector, which goes from the Golden Gate main canal to the Miller canal. And there's a couple bridges that cause constrictions. We'll be removing one in the near future. In addition, there's one that's permitted to the county and we're working with the county to see if we can upgrade that. During peak flows, we believe that the water will move through that system and we may be able to reduce the peaks. But when you have canal stages of 12 and a half, water seeks its own level. And with the sandy type soils we have, it goes wherever it can. And what we saw after this last rain event, actually some of the stages in this area, actually, two days after the event it went up instead of down. And then it sort of -- you know, it moves into the neighborhoods, seeks its own level, and then we start to drain the system. COMMISSIONER COLETTA: There was a comment made, and maybe Nick might have to answer it, about the bridge being endangered by the amount of Hydrilla that's backing up against it. MR. TEARS: You know, exotic vegetation is always a challenge. This year in, I think it was March, February or March time frame is usually the driest part of the year where we treat the system. This year we had some abnormal rain events so our treatment schedule was changed. Some years we don't get the control that we like through Page 47 January 10, 2012 herbicide applications. So we're actually looking at purchasing some mechanical equipment that if we do not get the -- because herbicide applications is the cheapest route to take to control aquatic vegetation in the canal system. But we're looking at obtaining mechanical equipment to assist us with that so -- in areas where we don't get the best results from our chemical treatment, so we'll use mechanical means to remove it -- COMMISSIONER COLETTA: Is there a possibility -- this is an ongoing concern and every once in a while we need to address it -- that you might be able to prepare some white paper on the subject matter that we could share with everyone out there and you put on your website? In other words, the limitations of the canal, what's being anticipated to be able to be put into place to be able to try to alleviate -- and John, as much as your situation is an aggravation, the thing I'm concerned with is that major flood event that we may have and the capacity of the canal to carry that water and people's homes getting flooded. That's my biggest concern. I mean, not that I'm not concerned about flooded yards, I am. But if we could have paper prepared with some sort of idea where we're going with it. We can't cover it here in a matter of 15, 20 minutes. It would be most appreciated. In other words, we're going to doing (sic) this step, we're doing that step, and there may be another alternative that we could go down -- look at down the road to be able to improve the system even more. MR. TEARS: We actually have a strategic plan, it's already developed, that we're following to try to improve the system. But the challenge we have is that from an environmental standpoint and other, I just can't widen the canal and dump more water into the Gulf. So the challenge is trying to move water in areas that provide the least impact and allow water to filter back into the ground before it gets to the Gulf. And the challenge is if we get rid of every drop of water during January 10, 2012 the wet season, we have problems in the dry season because it's a rain driven system and it provides us our water supply. So there's a balance. And we're really trying to look at it regionally holistically to come up with solutions. COMMISSIONER COLETTA: I have two other Commissioners that want to speak, and I have some other questions. CHAIRMAN COYLE: Have you talked with Mr. Marker about this? MR. TEARS: I don't know if I personally -- I've talked with numerous individuals throughout the community -- CHAIRMAN COYLE: We're not here to resolve this today. We're here to make a decision do we want to come back for a full hearing or not. I think it would be prudent if you and Nick got together and met with Mr. Marker and talked with him about -- MR. TEARS: I'd be happy to -- CHAIRMAN COYLE: -- what is planned and give him some idea as to what he can expect, okay? Commissioner -- was it Commissioner Hiller next or Commissioner Fiala? COMMISSIONER HENNING: Hiller. COMMISSIONER FIALA: I think it was Hiller. CHAIRMAN COYLE: Commissioner Hiller, go ahead. COMMISSIONER HILLER: Yeah, I mean, these generalities are all well and good, but at the same time this gentleman is having a flooding problem. And the bottom line is it's illegal to displace excess stormwater from your property to his property. I was looking at the LIDAR of your property that they had on the overhead and they show how all these houses are built on mounds, all those red spots show the high elevations. And to the extent that you have a depression in the back, the water that would not otherwise percolate had that ground been level and instead slides off, accumulates in the depression so you are not flooding your neighbor, Page 49 January 10, 2012 okay. That's one of the reasons. Now, what can't be done is the neighbors, and that includes the canal, cannot basically say okay we're going to displace our excess stormwater on your property because you happen to have a lower point on your land. You can't do that, it's trespass. So I understand it is trespass. It's absolutely trespass. He has the duty to basically contain excess stormwater runoff on his property. And no one else can drain their excess stormwater runoff on his property, regardless of the elevation of that property. MR. TEARS: Commissioner Hiller, every property that's developed out in the Estates that raises the ground level and creates a mound is displacing water. COMMISSIONER HILLER: Except to the extent, and we actually had an LDC amendment that addressed this, is that to the extent that you build on a mound you have to show the engineering that basically allows for that displacement to stay on your property, which is in effect what's happening. As he has a depression in the back by building the mound, it displaces and flows to the back of the property where it gets absorbed over there so it doesn't flow to other properties. Regardless of that, the issue still remains, no one can be displacing their excess stormwater on his property. MR. TEARS: These are county drainage easements. We only through a cooperative agreement operate and maintain the system. COMMISSIONER HILLER: You have -- over his property? MR. CASALANGUIDA: Commissioner, just a -- COMMISSIONER HILLER: I want to know about his property. I don't want to hear about the county generally. We're here to listen to his problem, and his problem is mirrored throughout the Estates. There are all these people who are suffering the same way. MR. CASALANGUIDA: Ma'am, let me address this, because I'm very familiar with it, as I had to listen -- Page 50 January 10, 2012 COMMISSIONER HILLER: As am I -- MR. CASALANGUIDA: -- at my 84 -year old father tell me for six weeks the same issue. So you have to look at the system holistically. The whole Golden Gate Estates right now, when they did that excavation to put these canals in, and as I showed you with those wetlands jurisdictions, it was intended to be wet. We artificially drained the system -- COMMISSIONER HILLER: He's not supposed to be part of the wetland jurisdictions. That's why I asked for you to show me specifically where his property was. You pointed it on this diagram and showed that he is not part of that. So those surrounding properties should be capturing that excess stormwater, it should not be affecting his property. That's the whole point. MR. MARKER: I agree. MR. CASALANGUIDA: Ma'am, when you look at this diagram here, this low point was not probably natural. It was caused by some sort of construction or clearing that was done. So this 10.4 that's -- COMMISSIONER HILLER: But that's not his property. MR. CASALANGUIDA: Yes, ma'am, that is. COMMISSIONER HILLER: The other diagram, is that all your property? Because the other diagram doesn't show that as all of your property. MR. CASALANGUIDA: No, ma'am -- COMMISSIONER HILLER: The 10.4 is only a -- go back to the other diagram that shows his property, please. Can you show them side by side? And can you elaborate and clarify what is and what isn't your property, because -- MR. CASALANGUIDA: It's the black bold -- MR. MARKER: I got an empty lot down by the canal and then there's a house and there's my house. I think that is five and a half acres down there next to the canal. COMMISSIONER HILLER: No, no, I need to see it on these Page 51 January 10, 2012 diagrams. MR. CASALANGUIDA: Ma'am, his home is right here. I'm going to put it on the tip of my pen. MR. MARKER: That is right. That is true. MR. CASALANGUIDA: So the back of his lot is 10.4, the dark blue. Just north of his lot is 12.9. So I've got a two -foot difference in elevation. Now this depression is probably mostly man made. It's pretty evenly done. Maybe when you built the house, I don't know. I'm not going to say the lot was cleared, but the lot was cleared -- MR. MARKER: Probably it was cleared all the way to the back. MR. CASALANGUIDA: Yes, sir. MR. MARKER: Because it was nothing but water oaks and everything else, and high weed growth. And all, basically all that was done was the pepper bushes were taken out and it was mowed for the high grass that was there. That's it. That's what it was. So no construction back there. CHAIRMAN COYLE: Is there a motion to bring this back? COMMISSIONER HILLER: Yes, I'll make a motion to bring it back. CHAIRMAN COYLE: Okay, okay, Commissioner Hiller. MR. MARKER: Commissioner, can I make one more statement before I finish up? CHAIRMAN COYLE: Yes, you certainly can. Yes. MR. MARKER: Right now in 2011 there's more water on my property, longer and more of it than I had in 2005 when Wilma came through. MR. CASALANGUIDA: Me too, sir. MR. MARKER: That's bottom line right there. I'm not complaining so much about my property as I am everybody in the Estates. This last flood went from that canal all the way to Golden Gate Boulevard, from Desoto all the way down to 13th, which is the street that the fire department is on. And that canal turns and goes in Page 52 January 10, 2012 there and goes up by White and dead -ends up into there and flooded those people completely out right there. This flood wasn't that kind of water. It wasn't that kind of water. COMMISSIONER HILLER: And I'd like to see the juris -- MR. MARKER: I lived out there 19 years. COMMISSIONER HILLER: I'd like to see the jurisdictional wetlands highlighted on the same map as these properties so we can see how they interface. MR. CASALANGUIDA: And ma'am, okay -- CHAIRMAN COYLE: We have a motion to -- COMMISSIONER COLETTA: And I'll be happy to -- COMMISSIONER FIALA: Second it -- CHAIRMAN COYLE: Seconded by Commissioner Fiala. COMMISSIONER FIALA: Did you second it? COMMISSIONER COLETTA: Not yet. I was just in the process of doing that. I would be happy to second if we treat this not as a specific property but as a global situation. MR. CASALANGUIDA: I was going to ask -- CHAIRMAN COYLE: It's the only way you can treat it. Okay, can I suggest to the motion maker and the seconder that the staff in the meantime meet with this gentleman and talk with him about his specific situation, but also describe the global solution and time frame, okay. MR. OCHS: And cost. CHAIRMAN COYLE: And cost. MR. CASALANGUIDA: And sir, if I could be clear, because I think this is an opportunity for us to get the message out, because we are going with the FEMA flood maps and you just approved our watershed management plans and we're having a workshop with the City of Naples. A lot of good things are coming together to bring this out. We come back and do a presentation about what the bigger issues are, the rain events, issues in Golden Gate Estates that cause the Page 53 January 10, 2012 flooding, what our long -range plans are to alleviate that. I think it's a great presentation item to let the Board know and the people know, and we're happy to meet with the gentleman individually to go over the -- CHAIRMAN COYLE: Okay, good, good. So we'll bring it back. What's a reasonable time frame for you to prepare this? MR. CASALANGUIDA: Because of the agenda time, I'd say just -- not this next meeting, the meeting after. CHAIRMAN COYLE: Okay. First meeting in February? MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: Commissioner Fiala, go ahead. COMMISSIONER FIALA: Mine is just simple, but he mentioned Hydrilla and something about us cutting it down but then it's all blocked up by a bridge. I won't even ask you to talk about that anymore, because we're already voting on this, but if you could, when you come back to us, could you talk about the Hydrilla removal, whose responsibility it is, or if we're going to do it or what -- please address that too. MR. CASALANGUIDA: Will do. We'll address operations and maintenance and long -range planning for the area. We'll cover it all. CHAIRMAN COYLE: We've already voted to bring it back. Anything you have to say, you can say the next time. We're not going to vote on this right now. MR. MARKER: That's fair enough. I can live with that. I'd just like to ask Mr. Jim Coletta to take a drive out my street. You're welcome to call me. COMMISSIONER COLETTA: I'll do that, sir. COMMISSIONER HILLER: I want to go. I want to go too. MR. MARKER: All of y'all. COMMISSIONER HILLER: I want to drive up your street. MR. MARKER: I want you to see what I'm talking about with Page 54 January 10, 2012 the culvert issue. CHAIRMAN COYLE: Okay. Thank you very much. MR. MARKER: Thank you very much for your time. CHAIRMAN COYLE: Thank you. Okay, we're going to take a 10- minute -- COMMISSIONER FIALA: I think we have to vote. CHAIRMAN COYLE: Oh, yes. Okay. All in favor of the motion to bring it back for a full hearing, please indicate by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. (No response.) CHAIRMAN COYLE: Okay, it passes unanimously. We're going to take a 10- minute break. We'll be back at 10:41. MR. OCHS : 10: 51. CHAIRMAN COYLE: Oh, thank you. (A recess was taken.) CHAIRMAN COYLE: Okay, ladies and gentlemen, the Board of County Commission meeting is back in session. Where do we go now? Item #9A RESOLUTION 2012 -03: APPOINTING JAMES R. THOMAS TO THE CONSUMER ADVISORY BOARD — ADOPTED MR. OCHS: Commissioner, we'll go to Item 9 on your agenda, Board of County Commissioners. 9.A is appointment of member to Page 55 January 10, 2012 the Consumer Advisory Board. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Does anybody have a motion? I've read them over and they were both excellent candidates, it was kind of hard to make a decision there, but -- so I put down James Thomas as my selection for Consumer Advisory Board. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay, motion by Commissioner Fiala to nominate James Thomas, and second by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Anybody opposed by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #9B RESOLUTION 2012 -04: APPOINTING HENRY E. AHARI (CITIZEN MEMBER CATEGORY) TO THE VALUE ADJUSTMENT BOARD — ADOPTED MR. OCHS: 9.B is appointment of alternate member of the Value Adjustment Board. CHAIRMAN COYLE: There's not much choice here, folks, unless you want to readvertise. COMMISSIONER FIALA: The Clerk's Office wrote a little thing of backup material that said that, you know, he was fine for office. So I make a motion that we nominate Henry Altarri -- CHAIRMAN COYLE: Ahari. Page 56 January 10, 2012 COMMISSIONER FIALA: Ahari, excuse me. COMMISSIONER COLETTA: Second it. CHAIRMAN COYLE: Motion by Commissioner Fiala to nominate Henry Ahari and seconded by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #9C OPPOSING THE U.S. POSTAL SERVICE PLAN TO CONSOLIDATE OR CLOSE THE FT. MYERS PROCESSING AND DISTRIBUTION CENTER WHICH WOULD HAVE A $40 MILLION ECONOMIC IMPACT ON THE FIVE COUNTIES SERVED, INCLUDING COLLIER COUNTY — MOTION FOR THE CHAIRMAN TO SEND A LETTER TO THE CONGRESSIONAL DELEGATION IN WASHINGTON D.C. EXPRESSING THE BOARD'S OPPOSITION TO CONSOLIDATION, TO ADVOCATE COLLIER COUNTY'S POSITION AND URGE THEM TO CRAFT A LEGISLATIVE SOLUTION — APPROVED MR. OCHS: 9.0 is a recommendation to oppose the U.S. Postal Service plan to consolidate or close the Fort Myers processing and distribution center, which would have a $40 million economic impact on the five counties served, including Collier County. This item is brought forward by Commissioner Henning. Page 57 January 10, 2012 COMMISSIONER HENNING: I was working with Deb Wright and the Ferguson Group on this item. What it is, the Postmaster is trying to consolidate to cut costs. However, there are two facilities in the Tampa area, one in Tampa, one in Clearwater. The Clearwater one was proposed to close, and there were some objections, and all of a sudden they changed their mind. And because of that they are anticipating to close the facility in Fort Myers, and that is located at the regional airport. The postal -- Postmaster owns the building, it's free and clear, okay, so there's no cost savings there. The 400 -plus employees, they're going to be relocated, all right. It's not that they're going to lose their job. They have a contract where they will -- the postal system will relocate them, and their cost. So it's an added cost. The impact to the businesses in Southwest Florida is very significant. Arthrex just purchased a building near the airport to fly their goods to their customers. That's a very important fact that just one business it will affect. So what I'm asking is that we send a letter to our congressional delegation to oppose the closing of the Fort Myers facility. I can tell you that the Lee County Commissioners and John Manning was -- Commissioner John Manning was working on this. And I've been working with him. So that's my motion, is that the Board send a letter to the delegation opposing closing of the Fort Myers postal sorting facility. COMMISSIONER COLETTA: I strongly support your motion, Commissioner Henning. CHAIRMAN COYLE: Okay, motion by Commissioner Henning to approve, second by Commissioner Coletta. Commissioner Fiala? COMMISSIONER FIALA: Yes, I was delighted to see this on the agenda. I'm so glad you took that step forward. I think it's a great step forward. To be without a post office altogether in all of Southwest Page 58 January 10, 2012 Florida, not, you know, up until we get to Tampa, that really is sad. So I'm so glad you took this step. I will certainly support it every step of the way. When I go up to Tallahassee at the end of this month, I will also speak to the FAC members about it. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #9D ACKNOWLEDGING THE BOARD OF COUNTY COMMISSIONERS' SUPPORT OF SENATE BILL 192 PERTAINING TO AMENDING THE PROCEDURES FOR MERGER AND DISSOLUTION OF TWO OR MORE INDEPENDENT SPECIAL DISTRICTS — MOTION TO SEND A LETTER TO SENATOR MIKE BENNETT AND COLLIER COUNTY'S CONGRESSIONAL DELEGATION — APPROVED MR. OCHS: 9.1) is a recommendation to approve a resolution acknowledging the Board of County Commissioners' support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more independent special districts. And this item is brought forward by Commissioner Henning. COMMISSIONER HENNING: Thank you. What I discovered is Senator Mike Bennett from the Sarasota area has a similar situation where we have in Collier, where they have Page 59 January 10, 2012 several independent fire districts. And there's a wish out there, just like there is with the residents in Collier County, to consolidate those. The Bill provides an easier way for independent districts to consolidate instead of having to come back after the citizens vote to merge or dissolve, then it doesn't have to go back. This bill provides it so it doesn't have to go back to the legislators for codification. I continued it at the last meeting -- actually, I continued it twice. And the reason is, the first time I wanted to get input from the independent fire districts. And you can see in the back -up material, there is an e-mail I sent to Chief Metzger. I still haven't seen any opposition of this bill by the independent fire districts. The last time I continued it was because the bill was amended. And it was amended to allow local general government the will to seek to dissolve independent districts with the approval of the voters. I'm not supporting that language for us to take over -- the Board of Commissioners take over the independent fire districts, I just think it's -- this bill is a more in tune to the citizens of Collier County has spoken over and over again. So I'm urging my colleagues to support this bill, send it to Senator Mike Bennett of our support and our legislation delegation, Florida legislation delegation. CHAIRMAN COYLE: We have a motion. A second? COMMISSIONER COLETTA: I'm happy to second it. CHAIRMAN COYLE: Commissioner Coletta seconds it. Discussion? Commissioner Coletta. COMMISSIONER COLETTA: I'm very supportive of this. I think it's the right direction to go. It takes a little bit of the roadblocks out of the process so you can get to where you need to be. However, with that said, Mr. Billington sent a letter out to us, and one of the things he brought up in the letter was very concerning. He said, in your letter of support for the consolidated bill Page 60 January 10, 2012 currently working its way through the legislature, please ask for a provision that prohibits one district from annexing a portion of another district. North Naples had announced at a previous North Naples Fire Department board meeting that they may consider annexing part of the Golden Gate and Bonita district. Districts do not have to honor county borders. Should one district be allowed to cherrypick the high tax revenue area of another district? That's a question. Does the county want to go into the fire service business because you allow one district to financially cripple another? Let's stop this from happening and request a provision that outlaws the partial annexation of districts. And I think that's something that we should consider in that letter to bring Senator Bennett's attention to it. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah, Jeff, can you explain a little bit about the special districts? Is this all about fire? How does it affect, you know, other special districts? And what about debt? You know, if you have a district that voluntarily dissolves and is encumbered by substantial debt, what happens to the debt? MR. KLATZKOW: I'm not sure what happens to the debt at the end of the day. You'd have to look at bond covenants, all right. The Board of County Commissioners has not, to my knowledge, backstopped any of this debt, all right. So under those bond covenants, the bond holders I think get stuck. I don't think this legislation changes that. COMMISSIONER HILLER: I would like assurances that it doesn't. MR. KLATZKOW: I can't give you assurances, ma'am, I can just -- COMMISSIONER HILLER: Well, not you -- unless you recently ran for Senate. MR. KLATZKOW: I don't see that in the bill though, ma'am. Page 61 January 10, 2012 COMMISSIONER HILLER: You don't see that happening, running for Senate? MR. KLATZKOW: No, I don't see this in the bill. COMMISSIONER HILLER: No, I know it isn't, but I want to make sure that we're not in a position -- and I mean, I guess, going to writing some letter in support or against -- I would hate to see a situation where somehow this bill as it goes through debate somehow gets amended and in some manner of speaking we're adversely affected. MR. KLATZKOW: I think that's a concern that's well merited, because there's some talk in Tallahassee of doing exactly that because there are a number of CDD's that are failed throughout the state and nobody's quite sure what to do with those bonds. And there's some talk in Tallahassee that somebody's got to pay. Tallahassee never pays. They always try to shove it down to the local governments. I would strongly suggest that we work with FAC on that issue. COMMISSIONER HILLER: I agree with that. And these special districts would consider CDD's, for example. I mean, the discussion here is focused -- MR. KLATZKOW: No, not CDD's. But what I'm saying, there are bond holders that are -- COMMISSIONER HILLER: Oh, I understand -- MR. KLATZKOW: There are bond holders that are screaming in Tallahassee that are not getting paid. COMMISSIONER HILLER: My understanding is that these special districts would consider CDD's. CHAIRMAN COYLE: No, it specifically exempts CDD's. COMMISSIONER HILLER: Did it? CHAIRMAN COYLE: Yes, yes. COMMISSIONER HILLER: I didn't see that. That's good then. But that CDD issue is still a big issue, especially here in Collier County where so many of them are failing. Page 62 January 10, 2012 MR. KLATZKOW: It's a statewide issue. COMMISSIONER HILLER: Yes. No, that's good. CHAIRMAN COYLE: The bill requires majority vote of both or all of the districts, independent districts that are going to be -- going to consider consolidation. Does that provide enough protection to make sure that issues like debt are properly considered? Because if the people vote to dissolve a district or consolidate the districts, they essentially would be accepting responsibility for whatever financial repercussions there were to the people who are the voters in that district. And is it not your understanding, Jeff, that it requires the majority vote of both of the -- well, actually more than the majority vote, I think 60 percent. MR. KLATZKOW: It requires the vote of the district that's in essence dissolving the district that's taking them in, yes. Now, whether or not there will be full disclosure of everything, I don't know. MR. OCHS: Sir, if I may. One of the provisions of the statute is that if there is a merger approved by the voters in both of the districts that are seeking to merge, that a unified charter for the merged district must be submitted to the state legislature for approval. That is to -- the intent there is to contain the specific issues that this Board is talking about right now, including assumption of debt and other obligations. CHAIRMAN COYLE: Okay. Commissioner -- Commissioner Coletta, right? COMMISSIONER COLETTA: I just never heard anything more about partial districts, and I -- for some reason I don't -- CHAIRMAN COYLE: I don't know how partial districts are possible under this. COMMISSIONER HENNING: I'd like to address that. CHAIRMAN COYLE: Yeah, go ahead. Page 63 January 10, 2012 COMMISSIONER HENNING: I talked to Mr. Billington, and looking at the bill, it doesn't address annexation of a portion of one district into another, which still takes a legislative action. This is merely a bill addressing mergers and dissolutions, not partial dissolution or partial merger. It doesn't address that. And I appreciate Mr. Billington's concerns; however, this bill doesn't address annexation. COMMISSIONER FIALA: Commissioner? CHAIRMAN COYLE: Commissioner Fiala. COMMISSIONER FIALA: Commissioner Henning, is there some way we can write that in just to clarify that and give people a little ease with it? COMMISSIONER HENNING: Mr. Klatzkow? MR. KLATZKOW: This is just a -- your request, if I understand it right, you're just asking the Board to support this bill. COMMISSIONER HENNING: Correct. MR. KLATZKOW: If as part of that support you want to ask Senator Bennett to amend it, you can do that as well. But that's not what you've asked for. COMMISSIONER HENNING: Well, does this bill, when we -- when I was working with your office, does it address annexation of parcels? MR. KLATZKOW: I don't believe it does. I think this bill eases the fire district consolidation, and that's how -- and that's how I viewed it. Does it address every possible issue? No. I think what it really does is it eases the ability for these guys to consolidate. COMMISSIONER HENNING: The annexation still has to go to the legislators to take a portion of a fire district and put it into another one. MR. KLATZKOW: I don't know how you annex from one fire district to another. I know municipalities do it. Page 64 January 10, 2012 COMMISSIONER HENNING: Well, annexed portions -- the legislators have taken it up in the past over the last two decades to where one district was trying to get one parcel into their district. Never went anywhere, except for the Vineyards back in the Eighties, what was in the Golden Gate district and then it went to North Naples district. But it hasn't happened since then that I'm aware of And that took a legislative action. So I think if you write a letter, you would -- may confuse the issue. However, I have no problem in the letter putting a footnote in there just saying that we don't support partial merging. Which really is an annexation, it's not -- they don't call it a partial merger. CHAIRMAN COYLE: I agree. I don't see anything here that would allow a partial merger of these things. If there's going to be a change in the boundaries of a special district that was established by the legislature, it seems to me the legislature would have to make that decision. COMMISSIONER HENNING: That's right. CHAIRMAN COYLE: So I don't see how that would be possible under this legislation. The question of course arises, is there anything about any potential changes to this legislation that we would like to express our opposition to as it works its way through the legislature? You're never really sure what comes out the other end. And if there's anything in general that you would object to, we could write a letter in support of the legislation -- or the bill as it currently stands, and then make a statement that we would oppose any modification of the bill that would do such and such. So if there's anything that anybody has that is a concern there, maybe we could handle it that way. COMMISSIONER HENNING: Such as not allowing the voters of the district to vote on it. That would be a big one. Because you get a lot of transparency during the voting process. The pros and cons. CHAIRMAN COYLE: Well, suppose we wrote a letter that said Page 65 January 10, 2012 we support the bill as it currently stands but we would oppose any modifications to the bill that would diminish the ability of the voters to vote on the merger and/or consolidation of these districts. COMMISSIONER HENNING: I'll amend my motion to include that. COMMISSIONER COLETTA: I amend my second. CHAIRMAN COYLE: All right. All in favor of the amended motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. We'll need to have somebody put that together. Leo? MR. OCHS: Yes, sir. CHAIRMAN COYLE: All right, thank you. Item # 1 OA REJECT AN OFFER WAIVING ALL FINES AND ALL COUNTY OPERATIONAL COSTS ON CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. SERGIO G. AND PATRICIA SALINAS, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CESD- 2010 - 0004913 AND CASE NO. CESD- 2010 - 0004916, RELATING TO PROPERTY LOCATED AT 2756 47TH STREET SW, COLLIER COUNTY, FLORIDA — MOTION TO ACCEPT $2,500 SETTLEMENT OFFER — APPROVED; MOTION FOR STAFF TO BRING BACK '. - - •1 January 10, 2012 ALTERNATIVES TO THE CURRENT FORECLOSURE POLICY THAT WOULD AMEND THE RESOLUTION BY PROVIDING A FAIR MEANS FOR BUYERS TO REMEDY OR CORRECT PROPERTY DEFECTSNIOLATIONS — APPROVED MR. OCHS: That takes us to Item 10 on your agenda, Commissioners, County Manager's report. 10.A is a recommendation to reject an offer to waive all fines and all county operational costs on a code enforcement action entitled Board of County Commissioners versus Sergio G. and Patricia Salinas, Code Enforcement Special Magistrate Case number CESD- 2010 -004 -- excuse me, 0004913, and Case No. CESD- 2010 - 0004916, relating to property located at 2756 47th Street Southwest, Collier County, Florida. Ms. Diane Flagg, your Code Enforcement Director, will present. MS. FLAGG: Good morning, Commissioners. This item is a recommendation to reject the settlement offer based on the BCC Resolution 2010 -101. Pursuant to the resolution, fines that accrued prior to the ownership by S &W Partners of this property may be considered for waiver by the BCC. Mr. Hamro, who represents S &W Partners, indicates he's a realtor who purchased this property for his investors at a foreclosure auction. Following his purchase our office was contacted for payoff information. The payoff information, whenever requested, contains code case information, lien information and also the OR book and page numbers of the orders. And the orders outline what the fines are per day that are accruing and that they will continue to accrue until it's abated. Two site inspections and affidavits of compliance were completed by the area investigator. The compliance date and the certificate of title that is recorded to a new owner serves as our basis for the recommendation, based upon Resolution 2010 -101. Pursuant to the Board's resolution, fines in the amount of $19,400.11 would be Page 67 January 10, 2012 waived and the lien released after a payment of the fines that accrued during S &W Partners' ownership. CHAIRMAN COYLE: Okay. We have public speakers? MR. MITCHELL: Sir, we have two speakers. CHAIRMAN COYLE: Let's call the first speaker. MR. MITCHELL: The first speaker is Steve Hamro. MR. JOHNSON: Could I speak first? I'm Henry Johnson. MR. MITCHELL: There's been a request for Mr. Johnson to speak first from S &W Partners. CHAIRMAN COYLE: And you are the petitioner or are you representing the petitioner? MR. JOHNSON: I'm representing the petitioner. CHAIRMAN COYLE: Are you a lobbyist? MR. JOHNSON: I am not. CHAIRMAN COYLE: You're not paid for your services? MR. JOHNSON: I'm paid for my services only as local counsel. I'm Henry Johnson, I'm the attorney who represents S &W Partners here in Naples. CHAIRMAN COYLE: Okay, is that required, a registered lobbyist? MR. KLATZKOW: I don't believe it is. I'll double check. CHAIRMAN COYLE: Okay, all right. Go ahead, sir. MR. JOHNSON: Good morning, everybody. I'm Henry Johnson. I'm not oftentimes before you. I'm an attorney here in Naples, Florida. I practiced law here for 28 years. I'm normally in the building next to you in the Circuit Court of Collier County, Florida. My specialty is real estate litigation and construction litigation. At the outset, respectfully we represent S &W Partners, LLC. And I would also indicate at the outset that after some discussions with staff in a spirit of compromise, we would be willing to pay $2,500 and not zero, as indicated in the report, based upon -- and only in the spirit of compromise for what has taken place since our clients 9.�" •i January 10, 2012 took title at foreclosure sale. It's important to realize, again, respectfully, that our client is not a lender, it's not a bank, it's rather a private party who purchased lot four, block 94 at a foreclosure sale, and immediately following its purchase at foreclosure sale on August 9th of 2011 it diligently moved forward to remedy five independent alleged violations regarding this particular property, which were found against not my client, S &W Partners, LLC, but rather a couple named Salinas, who apparently had been mired in certain violations prior to our client taking title. Our client, immediately upon taking title, remedied the five violations, which included removal of a fence, removal of a barbecue pit, removal of two wood frame sheds. And those were all been done. And there's an affidavit in your file by a gentleman named Albert Gaballi (phonetic) who was hired by our client to take care of these matters. They were done, according to his affidavit, which is a matter of your record, within four days of August 9th of 2011. Those were all taken care of. And the final violation was an unpermitted pool. Which, by Kennelly (phonetic) was a difficult task to try to remedy, because the pool contractor was out of business, there was the necessity to get drawings for the pool, to get county approvals and the like. Ultimately our client takes care of everything by October the 13th of 2011. Now, the application that we're saying needs to be examined is the application of Resolution 2010 -101. That's what grants the Code Enforcement Director the ability to settle various claims. Not just claims that happened post -sale, but all claims relating to code enforcement violations. If you look at the criteria, and we'd ask the Commission to please look at the criteria under Section 4 of 4.1 of the ordinance. Section 4 of the ordinance says several things quickly. One, it says that the fines Page 69 January 10, 2012 can -- it says a code enforcement settlement recommendation can be made to the Board based upon the following considerations. Now, there are six different considerations. The first one is that the fine or lien amount is fixed and no longer accrues on a periodic basis. Done, accomplished, finished. B, the underlying violation resulting in the fine or lien has been abated or corrected. Clear, no issue, perfectly done. C, history of violations regarding this party, S &W Partners. Zero. D, for code enforcement liens on property that have new ownerships, fines that accrued prior to the transfer of title would be considered for waiver so long as the new owner has diligently pursued abatement and compliance has been achieved. County is recognizing that as to the violations which involved the Salinas'. But we're here today to look at the claim that the county should impose fines and violations for activities which took place while our client was essentially remedying the blighted area. And we say look, if someone is trying to make that effort in Collier County given these economic times, please take the opportunity to look at the whole of the ordinance, because that gives the discretion to, we believe, code enforcement and ultimately to settle claims and fines, to waive them if someone's making diligent compliance post title. Also, Mr. Hamro is here today to talk about some of the financial hardship that that might impose upon his company in the event that you want to see how those stack up to the rest of these particular claims. In the end we look at this particular ordinance by -- our ordinance 2010 -101 by the Commission in kind of a simple light. That is that this is a generic ordinance, it's generic for the Commission and for to authorize the Code Enforcement Board Director to make settlements across the board, not just settlements for people who take title to terms of sale across the board. Page 70 January 10, 2012 We say in this particular instance, please give the opportunity for a party such as S &W Partners who has been involved now in the correction and remedying of, I understand, three properties themselves, Mr. Hamro individually through another entity has taken care of nine blighted properties, take into consideration that settlement is just what the word says, it should be settlement. And there should be an acknowledgment that someone works diligently, and the position from the affidavit of Mr. Gabbali, couldn't have done it any more quickly, couldn't have done it any more than within this 90 days, particularly on the unpermitted pool issue, the fines we think ultimately should have been waived, but we're here in the spirit of compromise to say, look, to the county, we're here to help. So thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: The next speaker is Steve Hamro. MR. HAMRO: Thank you. Steve Hamro, III, for the record, for S &W Partners. I think it's been established so far that obviously because we did do this as quick as we can that the lien prior to us taking title would be considered for waiver. So the problem that I have and I guess why I asked to be here, when I asked for the payoff information for, hey, we fixed all these problems, now what do we owe, it was somewhere near $15,000. So of course I think that's -- it's a whole new ballgame for this investment, obviously, if I had to pay 15,000 for this. And especially since we worked diligently to correct the problem. After looking at the resolution here I see though that on F it says so long as the amount recovered will equal or exceed the cost and expenses incurred by the county for prosecuting this violation. So perhaps that's why it was recommended for rejection, because we were asking for a complete waiver. So that's why I told Mr. Johnson to come here today and offer $2,500, which should cover Page 71 January 10, 2012 administrative costs for the county. And in, like he said, the spirit of cooperation to just, here's $2,500, we've corrected these problems, five issues that a previous owner had caused and we've corrected them all. The home has been remodeled, it looks great. The neighbors have commented to me how it looks much better. So what we're asking for is a motion to waive the fines from the previous owner and, because we did fix all this as quick as we could, to settle the remaining, I think it was at $200 a day from the day I took the property, $200 that day started per day for the 74 days that I tried to get these problems taken care of, which included, as he said, a pool that was already in the ground that was not permitted. So I had to get an architect to come in who would agree to take the responsibility to say that I'll look at this, draw it up, get it to the county. I paid the permit, the fees, and I had the inspector come out. So we thought $2,500 would be a reasonable offer to settle this for S &W. Thank you. CHAIRMAN COYLE: Thank you very much. Commissioner Henning? COMMISSIONER HENNING: We have two choices here. We can continue this, since it's what the public has -- different than what was on our agenda, and wanting to pay our costs, or we can make a motion for a settlement to cover our costs. And I do believe this was done expedentially (sic) to cure the problem. CHAIRMAN COYLE: I agree. The -- in a situation such as this, there's no way that a buyer can avoid a penalty, as I understand it. They don't own it until the day the ownership is transferred. They can't begin work on improving it until they own it. And particularly with something like a swimming pool or other difficult problem to resolve, there's no way they can do it without incurring a penalty. And it seems to me that we should be interested in trying to get the property improved without penalizing the people who are improving it. So I agree with Commissioner Henning, and I would go Page 72 January 10, 2012 even further and say that maybe we need to take a look at these guidelines to see if we can't give the staff a little more flexibility under certain circumstances, or modify them to give a new owner a minimum period of time to correct violations. And maybe we do -- we can do both of those. But nevertheless, do you have any comments about those -- COMMISSIONER HENNING: I wasn't quite done, but go ahead. CHAIRMAN COYLE: Oh, I'm sorry. COMMISSIONER HENNING: No, I think it's important to hear from Ms. Flagg. MS. FLAGG: Commissioners, this -- again, these recommendations are based upon the resolution. And the resolution, when an owner requests a payoff, this is what the form looks like. And so the payoff form includes not only the liens that are on the property, the code case numbers that are on the property, but it also includes the OR book and page numbers for the property. And then if you, as an investor, which we work with numerous investors, and as an investor, then they go to the OR book and page number and see that there's fines accruing, what the fine amount is per day, and that -- once the property is brought into compliance, that the fines will cease. So what the majority of investors that we've worked with do is when they are getting ready to go to the foreclosure auction and place a bid, they contact our office before they buy the property and they say what is the payoff. They do the research, identify what the fines are, what the issues are, and then their bid amount is what they take into consideration when they go to the foreclosure auction to buy the property. So that's how it's currently working, based on the resolution that was executed by the Board. It's the Board's decision. These are your fines. However you Page 73 January 10, 2012 wish to handle it we're good with. CHAIRMAN COYLE: Yeah, I understand what you told me, but they're still left in a position of never really knowing how much it's going to cost them. They understand what's accrued and that's clear, and they also know that we have waived those in the past. So they're encouraged to perhaps take a chance. But in many cases they'll never know how much they're likely to be fined the minute they take ownership, because they don't know how long it's going to take to get the process through the county for approval, if they have to prepare the designs for the pool and try to get all that approved. It can be expensive. So I'm not suggesting that we just ignore it, I'm just suggesting that we take a look, see if we have a better way of dealing with these things in the future. Commissioner Hiller was next, I believe. COMMISSIONER HENNING: Can I finish up? CHAIRMAN COYLE: I'm sorry. Go ahead, Commissioner Henning. COMMISSIONER HENNING: Mr. Johnson was lobbying the Board to take certain action. The lobbying ordinance is clear, when you represent and get reimbursed, you have to register yourself as a lobbyist. MR. KLATZKOW: The lobbying is for legislative matters, it's not for quasi-judicial type matters. This is more of a quasi-judicial type matter since you guys, based on an existing resolution, are going to make a decision. You're acting more Board's court of equity here than you are as a legislative body. CHAIRMAN COYLE: So registration as a lobbyist is not required? MR. KLATZKOW: It's not required. I just looked at the ordinance, sir. CHAIRMAN COYLE: Okay. Page 74 January 10, 2012 Commissioner Hiller? COMMISSIONER HILLER: I'd like to make a motion that we settle this as proposed by the petitioner. And I agree with Commissioner Coyle that obviously there's a problem if in order to abate they're dependent on the county, for example, to get permits and do inspections. Are we fining them for the time it takes for us to review their permit application or the time it takes us to get an inspector out there? Obviously that doesn't make sense. So clearly that's why there is a provision under the various options that are listed under which we can waive, and that is if they were diligent in trying to abate as quickly as possible, once they acquired, we should be giving them the benefit of the doubt and waiving those fines that accrued subsequently. MS. FLAGG: I will just offer the Commissioners, we've consistently approached this with recommendations based upon the resolution. However you choose to settle these is totally your decision. We're happy with whatever you decide. COMMISSIONER HILLER: And this is one of the -- what was presented is one of the means by which we can settle this. And I think the settlement proposal is fair, it covers your cost, it eliminates the fines and basically addresses the issue that Coyle raised as being problematic. CHAIRMAN COYLE: Does it cover your cost? MS. FLAGG: I was just checking. The 2,500 would cover the cost. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Just -- I don't want to mean to put you on the spot, but normally you work with everybody to do this. And in this case they had offered a higher amount, I believe, to settle this originally and it was rejected. Is there a reason? Is there something that we're not seeing here in this open meeting that needs to be said? Page 75 January 10, 2012 MR. KLATZKOW: Commissioners, may I? Diane is following your policy to the letter. Your policy basically says that we'll forgive everything that occurred -- accrued up to the point you purchase. After that they have to pay as a general rule. And the reason for that is because you want to incentivize people to get those code liens secured quickly. Because one of the problems Diane was having was people were buying foreclosed homes and doing nothing with them. It was just a terrible situation. But you put a clause in there that gave you an out where they said if it would impose a severe financial hardship on the owner, then in that case you could waive those fines. What I'm hearing now is sort of a softening of the Board's position, saying that perhaps what we really want to do is if somebody is expeditiously trying to cure it, we'll waive it as well. If that's what you want, Diane's going to have to come back and change your policy by resolution, because if she just does that, she'll be operating outside your direction. CHAIRMAN COYLE: We're not asking her to do that. We're really asking for her advice on what changes we might make to the ordinance itself that will make it easier to make decisions without getting involved in the problem that you just defined, if somebody just sits there and does nothing and then expects us to waive the fine. I think it's an excellent incentive to start assessing those immediately upon transfer of ownership. But should we not include something in the ordinance that provides an opportunity to waive them if they proceed expeditiously? MS. FLAGG: Frankly, because we've presented multitudes of settlements to you based upon this resolution and you all have waived hundreds of thousands of dollars of fines based on this resolution, until the resolution is changed, we would just continue to bring these to you and let you make the decision on a case -by -case basis whether you would like to further reduce the fine amounts. Page 76 January 10, 2012 If you want to direct me to revise the resolution and bring you some recommendations, I'd be happy to do that too. COMMISSIONER FIALA: I really hadn't finished yet either. CHAIRMAN COYLE: I'm sorry. COMMISSIONER FIALA: Oh, that's all right. Diane, I know that part of this ordinance says something about expeditiously. But I would suggest that expeditiously is in the eye of the beholder. Somebody might feel that they've done as much as they can in two and a half months and the next guy would have it done in a week. So then who's to argue and then interpret what expeditiously means in each and every case? And I'm concerned with this has worked all along and it's worked well for us and it's helped us to get these things taken care of quickly, and I fear that if we start tampering with a good thing, why fix it if it ain't broken type of a thing, that I have a little problem with that. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, Diane, what we're looking at this point in time, if a person wants to purchase a piece of property out there, the kind of fines we're talking about would be those fines that would be incurred after the property was put in their name; is that correct? MS. FLAGG: Yes. What I -- I'll tell you how the process generally works. And the many investors that we work with, what they do is they identify a piece of property they want to place a bid on. They contact our office for a payoff. They get a payoff guaranteed within two business days. That gives them enough time to go and look at the OR book and page to see what the issue is, look at the information that we provided. And then the bid amount that they offer the bank takes into consideration their cost to bring the property into compliance and also the cost of the liens. When the bank is looking at an offer, the bank is seeing the big picture of the lien amount. So that's generally the way the process Page 77 January 10, 2012 works. And the investors, we have many investors, we do 100 to 200 payoff lien searches every week. COMMISSIONER COLETTA: So Diane, basically it's not the buyer beware. The buyer knows ahead of time if they ask the questions how long it's going to take to get the permits, the questions they can also ask and they have to make a business decision to go forward. I agree with Commissioner Fiala, if it's not broken there's nothing to fix. MS. FLAGG: The potential buyers, if they'll take that two business days to do their research, they have contracted -- what they have told us is that they have contractors that they work directly with and those contractors give them pricing, okay this is what the problem is, this is how much it's going to cost to fix. So when they go to that foreclosure auction, they have the information that they need to make a bid based on the information. COMMISSIONER COLETTA: Right. So you have to exercise good business decisions and ask the right questions, which is just all part of the process. And for us to go back now and start to forgive after the person knew the cost or could know the cost up front I think is counterproductive to where we're trying to go with it. We've been extremely forgiving in trying to make this work. But, I mean, there has got to be a point in time where we say, you know, this is past what we could do. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah, you know -- did you want to say something? You looked -- you were -- yeah, go ahead, you were jumping up and down. MR. HAMRO: Mr. Coyle, can I? CHAIRMAN COYLE: Sure. MR. HAMRO: I just want to give an example of why I think this resolution probably was made. And also, I mean, I can read the Page 78 January 10, 2012 resolution, and I know, yes, I know what was wrong with the property. And as Commissioner Henning said, you can factor that in. But you never know truly how long is it going to take me to get this pool permitted. If it's not broke, don't fix it. I think that the problem is that I'm not going to buy another property if this is the way that investors are going to get treated. The reason I think this whole thing was put in place in the first place is you have banks who let these sit for six months before they even decide to do anything with it. COMMISSIONER HILLER: That is absolutely correct. MR. HAMRO: To say also -- and I'm liking what I'm hearing up here, but then some of the other stuff not so much. But the reason that, for example, the bank that you just -- in December, they brought an offer of 5,000 to reject 50,000. When we make a bid at the auction, the banks, most of the time, I know, I've done this for two years, do not take into consideration what their fines are. And the way I know that is because they don't know what they are. As an example, just in December you rejected $50,000 of a waiver for five because that bank did not know that there were fines on that property. They waited until they had a contract. They had already put it on the market, because I know this in particular case. Then when they did the title search to get ready to close this, the title company said oh, wait a minute, you've racked up $50,000 worth of fines. So the banks don't know what's going on. I made a bid on that house knowing that there was a problem. Knowing also that there's a resolution that says that previous doesn't matter. It could have been $90,000. And as long as I worked on it as hard as I could, that would be waived. So what I'm saying is, just like Commissioner Coyle said, I think it would be a great idea to look at this to say, let's give you 30 days just like the owner of the home was given, or how about an appeal process. Because we are trying to make things better. Page 79 January 10, 2012 And then I wonder too, we've talked about well, you've done this all before. How many times has someone come here as a person, not a bank, and asked for a waiver and then you didn't give it? They worked diligently. How many times has that happened? This bank that you did last month waited for over six months before they even found out that they had it. That's why it was $50,000. So I'm just trying to address some of the things I've heard against us. And I can answer any more questions you have too, by the way. If that's okay, I'll stay here. CHAIRMAN COYLE: We have a motion on the floor by Commissioner Henning, seconded by -- no? COMMISSIONER HILLER: I have a motion by me. CHAIRMAN COYLE: We have a motion by Commissioner Hiller, seconded by whom? I'll second it. The motion was for acceptance of the settlement offer of $2,500, if I remember correctly. And that was all the motion specified, okay. All in -- Commissioner Henning? COMMISSIONER HENNING: Now, not to set precedence, how are we going to handle these in the future? And I don't want to put staff in a box where they have to make a determination that an investor is doing something diligently to cure the fines or are they more inclined to do something else. MS. FLAGG: Commissioner, I will just tell you some of the bank cases that Mr. Hamro were referring to, I brought just December's. The banks are very aware of the liens and the fines. Because as you know we have a foreclosure team that any time before a bank even takes title, they've spent $2.6 million already to address the code violations. So the banks are fully aware of the code violations on the property. After they take title they understand that they're going to be responsible based upon this resolution for any fines that accrue after January 10, 2012 they take title to the property. So what they're doing to their benefit is that they're addressing all the code violations that they can address before they take title and then the ones that require a certificate of title such as a pool, where the county won't issue a permit until they have the certificate of title, at that point those are the ones they're addressing. So to go to your question about don't put us in a bad situation, unless you give me direction to come back with a recommendation for a revised resolution, what we would continue to do is follow the resolution as written and then leave it up to you to make a decision if you want to go further than what the current resolution allows. COMMISSIONER HENNING: See, the previous fines are being waived. It is from August when you purchased the property on forward. So your statement is not quite correct about the previous owner and the bank, and those are being waived. It's going forward. I do recognize that we do have a problem and we need to fix it. I don't want to set precedent. I'd rather continue this and let staff bring something back, you know, somehow we need -- I don't know if we can recognize somebody curing the problem in a reasonable amount of time. And this might be one. I think it is, personally. COMMISSIONER HILLER: Can I answer that question? COMMISSIONER HENNING: Do you have a buyer for this property? MR. HAMRO: No, because here's two problems, if I may -- COMMISSIONER HENNING: Okay, you answered my question. MR. HAMRO: Yeah, sure. Number one, I legally cannot start work on the property until I get certificate of title. So anybody that's been doing that has been doing that illegally, number one. I can't buy a property at auction and get a certificate of sale only, and then I have the legal right to go work on that property, because there could be people still living there. Page 81 January 10, 2012 COMMISSIONER HENNING: So you don't own the property? MR. HAMRO: No, I do, I'm just saying in general. I'm answering this first question first. And then the second question is I can't get a buyer for this because I can't get clear title until this lien is released by the County Commissioners. COMMISSIONER HENNING: I understand that. COMMISSIONER HILLER: He's -- MR. HAMRO: That's why I don't have a buyer. I don't even want to try to attempt a buyer or to make them feel like that they have a home when I know that I can't get it until this is released. COMMISSIONER HENNING: Fair enough. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: When a private property is purchased by an individual as opposed to foreclosed upon by the bank, you're looking at two very different scenarios. If a bank can go in and somehow do something on a piece of property merely because they're the lender, and I'm not even sure they can, it certainly does not apply to a prospective purchaser of a private piece of property. MS. FLAGG: I'm sorry, go ahead. I just wanted to clarify -- COMMISSIONER HILLER: Secondly, when a private individual looks to acquire a piece of property, what you can provide if you're looking to amend this in any way is that in effect they now step in the shoes of the previous owner. And whatever rights were afforded to the previous owner to cure basically starts the clock for the new owner. So if the previous owner had 30 days from the time that the violation was identified and if that's the code, give the new owner the same period of time to cure the defect, and that's what -- you know, that becomes the definition of the expeditious, if you will. So he is similarly situated, he's just the new owner. And then you can easily get it done. We still have the ability under the circumstances because he did abate and he is covering the cost, to Page 82 January 10, 2012 waive those subsequent fines, as I understand from the reading of, you know, whatever you produced on that overhead, as one of the conditions -- MS. FLAGG: Let me just clarify something for you. You are correct, the bank can abate violations before they have certificate of title based upon the mortgage note. So that's how the banks are abating these violations before they have certificate of title. Now, you'll see in the certificate of sale, this was Deutsche Bank was at the foreclosure auction. And they received an offer, I believe it was $80,000 for this property. So instead of taking title to the property Deutsche Bank did a pass - through based upon S &W Partners' offer of 80,000, and so they just passed through the property to S &W Partners. Because the way the banks work, when the investor comes in -- and I'm sorry, we've been living this world of foreclosures, so we've been doing this for a lot of years. When investors come in and do their due diligence, they have all this information. Then they go to the foreclosure sale. The banks already have all this information because they've been addressing the code violations before they took title. So then when they get to the foreclosure auction they know what is on that property. The investors know what is on that property. There's no guarantee that the Board will waive the fines that accrued prior to ownership, but they all make decisions based upon that. COMMISSIONER HILLER: Irrelevant to the issue of the time it takes to cure the defects, whether known or not, they should be given the same opportunity to cure as the owner received, because he can't do anything to cure those defects till he takes title, pass - through or not. You can't compare the bank to a private purchaser, whether the private purchaser is buying directly from the owner or whether they're buying through the bank. It's not comparable. CHAIRMAN COYLE: Okay, we have a motion to accept $2,500 in settlement. All in favor, please signify by saying aye. January 10, 2012 COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign? COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Okay -- COMMISSIONER HENNING: Let me tell you why I supported It -- CHAIRMAN COYLE: Wait a minute, wait a minute, wait a minute. The motion carries 3 -2 with Commissioners Fiala and Coletta voting against it, okay. COMMISSIONER HILLER: And this is a new dawning. I want the Naples Daily News to take note that Commissioner Coyle actually voted with Commissioner Henning and Commissioner Hiller. Do you have that written down? That's important, okay. It's 2012, it's the Apocalypse. CHAIRMAN COYLE: I would like to make a motion for reconsideration. COMMISSIONER HILLER: Can I have a second motion on this issue? CHAIRMAN COYLE: Wait a minute. Commissioner Henning was first. You're going to have to calm down now, okay -- COMMISSIONER HILLER: I was getting all excited. CHAIRMAN COYLE: Don't let your excitement overwhelm you. COMMISSIONER HILLER: This is better than a date. CHAIRMAN COYLE: Not better than a date with me. COMMISSIONER HILLER: Well, it let's not push it. COMMISSIONER HENNING: Okay, get back on the topic. CHAIRMAN COYLE: Yes, please. COMMISSIONER HENNING: Commissioner Hiller did make a January 10, 2012 correct statement. You have a new owner. There should be some consideration for that new owner to correct the problem, okay? That was clear, and that's why I voted for the motion. And that should be the direction is for staff to bring back -- COMMISSIONER HILLER: That's the next motion. COMMISSIONER HENNING: Right, a direction for a time period for the new owner to correct the defects. COMMISSIONER HILLER: Right. And that basically was going to be my next motion. COMMISSIONER HENNING: And that should be simpler than, you know, giving them some kind of direction of what is reasonable. MS. FLAGG: We'd be happy to do that. CHAIRMAN COYLE: Commissioner Fiala is next. COMMISSIONER FIALA: Thank you. One of the things I've enjoyed and we as a county have enjoyed and have been envied by other counties is the way we've tackled this problem. And we have made great strides compared to some of the other places around Florida and around the country, which is why of course they've inquired with you, because you've had these rules in place. They've worked well for us. They encourage people to get the job done quickly because of the fines that are attached. They give them an opportunity before closing on the property to at least get many of the things abated so that the fines don't accrue on their dime but on the last dime. And so I just feel that we're just tampering with a success story and I don't know what's going to happen once we dismantle it. And that bothers me a lot. And that's why I voted against it. CHAIRMAN COYLE: Commissioner Hiller, do you need to say anything more about this? COMMISSIONER HILLER: I do. And I actually, as I said when the last situation was brought forward, and I actually praised Diane, I had the benefit of watching this whole process develop by Page 85 January 10, 2012 being a part of the discussion and debate against Diane and Nick. And it was, you know, their very professional exchange of opposing views that ultimately resulted in a consensus opinion and brought the current process forward. It's a process that has worked successfully and there are little glitches. And I think that, you know, this is just a further refinement of what has been well developed and actually will actually incentivize those people, those private purchasers who acquire to expedite abatement to avoid the fines. And that actually improves the process, it doesn't take away from the process. The banks are in the same position as before, now we're doing something that incentivizes individuals like this gentleman, as opposed to having individuals wait. So I make the motion that we do what Commissioner Coyle and Henning suggested, and that is bring it forward as a modification to the resolution as to these private purchasers so they have the opportunity, since the banks don't have the -- I mean, they don't have the same opportunity as the banks to abate beforehand. MS. FLAGG: Just as clarification, a resolution would apply -- any change to the resolution would apply to both the banks and private purchasers, because we can't treatment them separately. COMMISSIONER HILLER: I remember. We had that discussion. Oh, my God, great memory. CHAIRMAN COYLE: Could we modify your motion to state that the staff would bring back to us alternatives to dealing with any -- COMMISSIONER HILLER: Yes. CHAIRMAN COYLE: -- any inappropriate treatments of various parties in this process? COMMISSIONER HILLER: To bring back alternatives that provide a fair means -- CHAIRMAN COYLE: And equal, yes -- COMMISSIONER HILLER: -- for them to remedy the defects. January 10, 2012 CHAIRMAN COYLE: That way Commissioner Fiala and Commissioner Coletta, who are opposed at the present time to fiddling with the thing, will have a chance to make a decision as to whether or not they agree that it is appropriate or necessary. MS. FLAGG: That's true. MR. OCHS: Yes, sir. Got it. CHAIRMAN COYLE: Is that all right? All in favor of that motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Okay, Commissioner Fiala objects to the motion, so it passes 4 -1. We have a time certain at 11:00 -- COMMISSIONER HILLER: 1:00. MR. OCHS: 11:30. And then you also have now time certains scheduled for 1:00 p.m. and 2:00 p.m. So I don't think -- depending on when you want to break for lunch, we're going to have to push the 11:30 time certain into the 1:00 slot or just hear it and eat into your lunch hour, one or the other. CHAIRMAN COYLE: Let's move it to 1:00. The gentleman is here from -- is that going to cause you a great inconvenience? Can we do this at 1:00? All right. MR. JOHNSON: Chairman Coyle, I apologize, just one clarification from the last ruling. We want to be able to make payment and get satisfactions of the liens that have attached to the property. Is that something you wish to -- the Commission wishes to instruct on how that should be handled? Page 87 January 10, 2012 CHAIRMAN COYLE: Yes, that will cost you another $5,000. MR. JOHNSON: Just as a practical matter, is there some way you want that to -- CHAIRMAN COYLE: County Attorney? MR. KLATZKOW: I've got direction from the Board. I'll take $2,500 and the liens will be released. CHAIRMAN COYLE: Okay, all right. MR. JOHNSON: Done. Thank you. CHAIRMAN COYLE: Good. With that, we're going to break for lunch. We'll be back here promptly at 1:00 and we will take up the time certain at that time. MR. OCHS: Thank you. (Lunch recess.) CHAIRMAN COYLE: Thank you. Ladies and gentlemen, the Board of County Commission meeting is back in session now. We're going to go to our 10:30 -- 11:30 time certain. Item #I OB THE PROCUREMENT OF SERVICES FROM SUNCOAST MOVING & STORAGE, INC. FOR MOVING THE COUNTY PROPERTY APPRAISER'S OFFICES IN JULY 2010 AND MAKE A DETERMINATION REGARDING THE REQUEST FOR FINAL PAYMENT IN THE AMOUNT OF $6,556.50 — MOTION FINDING THAT STAFF INTENDED TO PAY FOR SERVICES PROVIDED IN THE 2010 CONTRACT AND THE CONTRACTOR IS TO BE PAID — APPROVED MR. OCHS: Yes, sir. It's Item 10.B on your agenda. This is an item that was continued from the December 13th, 2011 BCC meeting. It's a recommendation to review the procurement services from Suncoast Moving and Storage, Incorporated for moving the County January 10, 2012 Property Appraiser's offices in July, 2010 and make a determination regarding the request for final payment in the amount of $6,556.50. And Ms. Price will present. And I believe the petitioner wants to make some remarks at some point as well. A point of order, sir, it's your pleasure whether you want to hear from the speaker first -- CHAIRMAN COYLE: What is your pleasure? Would you prefer to speak first? MR. DETHLEFSEN: I'd like to clarify some matters, just some recent conversations in regards to how this whole thing played itself out. I'd like to be able to give you the entire picture of how I came before you to begin with. CHAIRMAN COYLE: How long will that take? MR. DETHLEFSEN: I would say probably five, seven -- seven, eight minutes if I go through the agenda fairly quickly. CHAIRMAN COYLE: Okay, go ahead. MR. MITCHELL: Excuse me, sir, could you just identify yourself for the record. MR. DETHLEFSEN: Frank Dethlefsen, Suncoast Moving and Storage. Dethlefsen, D- E- T- H- L- E- F- S -E -N. This is an item that was before you in October of 2010 and that was approved in 2010 for the remaining balance of moving the property appraiser's office. So today I stand before you -- I received a partial payment of that amount, but not the full amount. So today I stand before you, Mr. Commissioners and Lady Commissioners, in pursuit of the final payment owed to Suncoast Moving and Storage for the successful relocation of the Property Appraiser's office. When I stood before you a few months ago in October of 2011, I presented to you that Suncoast Moving and Storage was owed a remaining balance, as it just was brought up, under the contract number 10 -5443, for full service professional movers dated March Mm January 10, 2012 24th, 2010. That was a contract that you also approved that year under which the purchase order number authorized us to move forward with the services. This becomes very important. I actually brought a copy of the contract with me. I'm more than happy to display it after I read it. The renewal contract for those services for that particular year of 2010 clearly state in paragraph two that a formal contract for these services will not be necessary. Collier County department will forward a purchase order which will serve as the county's agreement to this proposal. After successful completion of the property appraiser's office in July of 2010, a review of our Suncoast Moving and Storage's invoice by the Collier County Facilities' upper management department forwarded Suncoast an e-mail dated September 22nd that informs our company as to the payment compensation structure for the services provided. And I have a copy of that with me as well, but I want to kind of move along, and I'll be more than happy to show you that correspondence if you so wish to and have a copy made. The e -mail states how much Suncoast Moving and Storage will be compensated and under which terms. My staff and I responded to the request of the e -mail by forwarding our information to the County Clerk's office, and the first payment was made. On October 12th, the item needed to come before you because the amount exceeded $50,000 of the original purchase order, so the item needed to come before you to pay the remaining balance. And that remaining balance was $9,100 and some, of which then I received a partial payment. So having said that, the item came before you on the October agenda, October 12th, to be exact, for approval of final payment and also approval of a renewed contract with our company to provide continued moving services under contract number 10 -5443, the original contract that was approved. Page 90 January 10, 2012 And this was based on the County Manager's office, and also the County Clerk's office was copied in on this. However, on October 20th, after the approval, we had not heard anything from the county and had not received any balances in our -- there was going to be a wire transfer made as to our previous e -mail in the agreement. And I initiated an e-mail to the County Clerk's office and -- to find out where the remaining balance was. At that time, that e -mail, I have a copy of it as well, states that our contract now is under review. After it's already been approved, after it's gone to you for approval, everybody has blessed the amounts, and now all of a sudden we're coming back and my contract's under review. November 30th, Suncoast Moving and Storage receives a wire transfer without any communication for an amount of $2,550.56. No explanations, no nothing, just the wire transfer. My staff then contacts the County Clerk's office to find out what the $2,500 and some are for. They said well, this is the remaining balance that we're going to pay you because we've reviewed your contract, made the determination that a previous contract that was issued in 2006 now is the prevailing contract to pay to compensate Suncoast Moving and Storage for the services provided. Well, that contract absolutely was a contract that was renewed in 2009 and was renewed until June of 2010, June of 2010. Services were not provided until July of 2010, not June. Now, the argument has come through various different channels. As I've been investigating this, you know, comments have been made, well, you know, the contract actually started because you provided additional boxes, boxes that needed to be -- there were special boxes for drawings of the Property Appraiser's office, there were special boxes. They were never part of any contract. Those were special boxes that were never ever contracted for, they were just something that the job required, and they were provided and they were not part of Page 91 January 10, 2012 any contract. So having said that, the Property Appraiser's provided in July, issued in March -- not fully understanding what my staff was explaining to me, I contacted the County Clerk's office myself and was told that -- by Crystal, actually, Crystal Kinzel, that my -- let's see, I was explained that the contract 06 -3984 had expired -- oh, no, I explained to Crystal that our contract 06 -3984 had expired well beyond our actual engagement of the Property Appraiser's office. However, I was told that the decision had been made and that it was final. No communication, just send me a check, do it wire transferred, $2,500. And there was no explanation. And we initiated the contact. So in December of 2010 I walked into the County Commissioners' office and asked to speak with Mr. Ochs. And I want to say that the staff has been phenomenal. They've kind of guided me through the process and assisted me with Len Price -- to assist Suncoast Moving and Storage, actually. Len then got in touch with me right away in January of 2010 -- I'm sorry, 2011, and started investigating as to what was going on. Ms. Price spoke with everybody in the county. Exclusive of the County Attorney's Office and the County Clerk's position, I have been told that everybody has concluded that Suncoast Moving and Storage should be paid the remaining balance it is owed. The County Clerk's Office maintains that they have acted correctly. How they came to that and what that decision was based on, I'm yet to find out. I just kind of found that out over the last five minutes because I actually sat the person down and said, what's going on here? Because I would not be standing here in front of you if I didn't have a clear -cut case, I would let somebody else handle this. I'm trying to avoid that, actually. So although the County Facilities Department, who originally engaged my company to relocate the Property Appraiser's Office, approved a final invoice under the contract, we never even spoke Page 92 January 10, 2012 about the contract of '06 for this particular job. It was invoiced -- it was purchased -- the purchase order was issued under that order number. Because the contract actually says that the way this contract for 2010 to 2011 will engage itself is through a purchase order. So additionally, you can see based on the very thorough executive summary that Mrs. Price provided to you guys that the position hasn't changed. They're -- the County Clerk's Office I've been told doesn't -- is not required -- I understand that they have to audit the documents, but why did that audit not happen back in 2010 when we completed the job, prior to it coming before the Commission for approval? Not just the approval of the remaining balance, but also the approval of a renewed contract with our company. So I'm standing here asking you for assistance to renew your commitment to our company in paying us the remaining balance that is owed to us. That's all I'm asking. And I'll go away. Thank you. MR. OCHS: Commissioner, if Len could provide her comments, please. CHAIRMAN COYLE: Go ahead, Len. MS. PRICE: Good afternoon. Len Price, Administrator for Administrative Services. And if you'll bear with me, I've still got a frog in my throat that I seem to have brought back from Texas. Commissioners, when we issued the new contract for this item, it was specifically because the contract was to expire in June, the work was to start in July. We knew that it was coming and we didn't want there to be a lapse where one contract had expired and the other one hadn't restarted. We contemplated this to be a substitute contract. We acted as though it was a substitute contract. Therefore, we shelved the old one and began a new -- with the contract let in 2010. The one from 2006 was based on rates from 2006 that the vendor had held through that period, and then we moved on. The -- what seems to have come into question is Florida Statute 215.425, which speaks about extra compensation claims. This is a Page 93 January 10, 2012 statute that dates back -- in my research dates all the way back to the codification of the Constitution in 1985 and starts off as an Act related to public employee compensation. However, it does say no extra compensation shall be made to any officer, agent, employee or contractor after the service has been rendered or the contract made. Now, it was our belief when we let this that the new contract substituted the old contract. And whether or not this statute even applies to this was immaterial, because the contract being made was the 2010 contract. And therein lies our dispute. It's not whether or not the contract is actually valid. In fact, Crystal has said that had this contract had lower rates, she wouldn't have had a problem paying it. It wasn't a question of whether it was valid or not, our concern is over the applicability of this particular statute on that order. And it is staff s belief that it does not apply and that we acted in good faith and in compliance with our procedures in trying to have an active contract in place to move the appraiser's office, which we knew was to be a very complicated move. CHAIRMAN COYLE: Are you finished? MS. PRICE: I am. Unless you're not done with me -- CHAIRMAN COYLE: I have a question. Let's suppose the new contract had not been negotiated. The old contract expired, didn't it, before the work was performed? MS. PRICE: Correct. CHAIRMAN COYLE: Could you have paid under the old contract? MS. PRICE: Not unless we had renewed it -- I'm sorry, extended it prior to that -- CHAIRMAN COYLE: But you didn't. MS. PRICE: And we did not. CHAIRMAN COYLE: Rather than extending it, you replaced it. MS. PRICE: Correct. CHAIRMAN COYLE: So you're wrong either way in the Page 94 January 10, 2012 Clerk's eyes. If you used the original contract, you would be wrong because the contract expired before the work was performed. But if you negotiated a new contract, which extended the period of time, you're still wrong because you didn't use the old contract. Do I have this right? MS. PRICE: Classic rock and a hard place, sir. MR. DETHLEFSEN: I can answer that. The job occurred after the new contract applied. CHAIRMAN COYLE: That's what I said. MR. DETHLEFSEN: The job actually occurred after the new contract was put in place, and it was actually given to us prior to even us bidding on the Collier County Property Appraiser's Office to move them. So we always acted under the new contract terms because it was very clear in the second paragraph as to how that contract was going to apply itself. And I had specifically had actually spoken to Facilities to see whether or not -- because we've done much work. We've moved the entire annex building in -- you know, we assisted in that. There were other people obviously a part of that as well, but we were one of the major players in that, and acted under the 2006 contract. So when we went to Facilities at that time and said which contract do you want us to apply -- when is the job going to be performed, I did not ask which contract you want me to apply, but when is the job going to take place, it was always hinted that it was going to apply -- it was actually supposed to happen the first week of July, during the 4th of July weekend. But there was some hindernesses (sic) to make that happen so it didn't actually even happen until the second week. CHAIRMAN COYLE: Okay, the representative of the Clerk's Office apparently disagrees with both of you. MS. KINZEL: I do. And let me give some time line. Because we have worked through this for a considerable number of time, Page 95 January 10, 2012 Commissioner Coyle. We have a handout, and I'm asking some -- Bonnie from our office if she can put some items under the overhead. There is no doubt this is a combination of perhaps oddities, oversights, information that -- and we've tried to ferret through every single element of both the defense and the offense to try to find a legal way to make payment under this agreement. The first slide that we have, and -- and do you want to pass out the other handouts, they might be able to see it better in there? Thanks, Bonnie. The first contract was awarded and renewed through, as the gentleman said, through June 19th of 2010. Now, a new Contract #10 -5443 was awarded in March of 2010. So you did not have a successor agreement. You in fact had an overlapping agreement with the vendor for the same services. Now, we didn't realize this at the -- you know, the first payment that came in and the information that was requested, the purchase order was issued for the property appraiser's job in May of 2010. That is during the period that it was open under '06. There was also a '10 contract out there. The '06 agreement was approved by the -- and the second slide shows you the statute that Ms. Price referenced, the 215 regarding the compensation. Then if you go to the next one, the '06 contract was approved by the Board in June of '06 and renewed according to terms that had been approved under that agreement through June of 2010. The '10 contract in March was approved by staff. So we have been in discussions, as you know, regarding this whole issue of who can in fact enter into a contract. The vendor has indicated, well, it wasn't really a contract, we were doing it by purchase order. But there was an underlying bid structure that a contract should in our opinion have been issued. It was issued under the '06 item. So the '10 was under a purchase order Page 96 January 10, 2012 according to staff. But we're assuming that that was a contract element, but the purchase order was issued in May when both contracts were out there. Okay? Now, under the '10 -- if you go to the next slide, Bonnie -- sorry, I'll keep up with this. The next slide indicates the selected vendors for '10 were Suncoast Movers and Modern Movers. The items quoted for the Property Appraiser were Suncoast Movers, OFDC and Workplace Resources. So two of the people that were even quoted on the Property Appraiser's moves were off contract. Which is another issue that we've been trying to work through with county purchasing. You had two viable vendors, Suncoast and Modern. Modern was not quoted, yet two additional vendors were quoted. And we have followed up with Modern Movers and they indicate that they were not asked to quote. And that was an irregularity that we detected after we went back to research this entire issue of the payment and the process. If you go to the next page, it shows you the quotes that were issued and the dates. And we got all this from county staff on the dates and times that the quotes were received. I think there may be a date error. One of them says that the two of the quotes from Office Furniture were actually done in February of '10. That really wouldn't make sense that the -- because the contract wasn't even let until March '10 under the new agreement. But there are some irregularities in that timing in the quote process in general. But we get down to the bottom line of in May of 2010 a purchase order was issued to Suncoast Movers, and the original quote, if you go back a couple pages, was 43,405. Okay? That was for a turnkey relocation as indicated in Suncoast Movers' letter. The purchase order was in fact open for about 5,000 more for that, 48,000. And at the time there wasn't backup attached to the reason for that increase in the amount. But there was an amendment before the purchase order was even issued up to the 48,840. Now, the vendors also indicated when no work was done there Page 97 January 10, 2012 were some boxes delivered. But ticket information -- and remember again, the purchase order was issued in May. The ticket information of boxes being delivered for packing were June 7th. So it wasn't as though it was in July or it was in August; both the purchase order was opened in May when the '06 contract was still valid and in effect, and the ticket indicates that the date and the moving and the box work was done in the beginning of June when the '06 contract still would have still been into effect. Now again, there were some additional amendments to -- this is how this all transpired, trying to unravel the circumstances. And I think Len and I and Steve, we've all gone through this several times. But the purchase order had additional amounts added. Another 780 was added in August to the purchase order. And then what triggered our inquiry into the entire contract was the $9,000 payment pushed it over 50,000 which was, according to Purchasing, their threshold for the contracts. It also exceeded then the bids of the other two individual companies that had bid in the first place. And we went back and said wait a minute, the '06 contract should have been ruling if the P.O. was issued in May. Now, the vendor indicates, and he made some statements that this was never explained to him. It wasn't. And I apologize if it wasn't clear to him. But I had numerous conversations with his office staff and I also spoke with him with people in my office. So I do have people that heard me explain it. It was problematic. He was very frustrated. We appreciate that frustration, because we don't want to end up in this place either. But I think as you can see as we step through this -- the other thing that was indicated in the contract is when the bid tab was issued, the bids were actually lower on the '10 contract. If you look at the next slide for the bid tab comparison, you'll see that five of the highlighted versus three, several of the items were less. That's obviously true. The problem became when you do the comparison of !M January 10, 2012 the work and the items that were used and you do the longer version of the side -by -side comparison of the actual invoice submitted under the '06 rates and the '10 rates, the '10 rates are in fact $6,500 in excess of the '06 rates. That to us is additional compensation that's being requested because the '06 contract was still valid when the purchase order was issued. Now, is it a combination of perhaps errors? Yes. But statutorily, going back to the provision that you can't agree to pay someone more if you've got a contract out there for these services at a certain rate, that's where we are. We've been trying to work through a legal way to pay this. At this time the Clerk's Office does not see a legal way to pay the extra compensation. But I do want to make it clear, the vendor Suncoast was paid for the additional work based on the Board's approval. And it is an oddity that the contract had expired by the time he billed in October. But we are also working through the purchasing issue of years ago and ongoing we were allowing if the purchase ordered had been issued during the active contract, the work could be completed under that purchase order. Okay? We have subsequently run into issues with that, as in the expired contract issue that we just faced and some of those other issues that have come forward, and we're trying to reel in that process and say no, you know, really, the contract expires, you cannot do work or be paid for work after that contract that's approved by the Board has expired. So I guess the two points to be made is we don't see a legal way that this can be paid. It appears to be additional compensation. Yes, there are numerous errors that seemingly occurred. The simplest solution would have been if we had truly had a successor contract. If the contract had been good and valid through June 19th, the second contract would have started June 20th. The purchase order would have been issued under which contract it was intended to be. You would have only had one contract for the same services at the same Page 99 January 10, 2012 time. That did not occur. So we're in an unfortunate position of trying to unravel what legally can be paid. And we -- admittedly we didn't discover this until it came before the Board as an item for the additional compensation. And then we said, uh -oh, wait, there's another contract out there that's valid when that purchase order was issued. That started to put us in this position. We did try to communicate that through staff. I believe that the vendor was communicated. But county staff obviously disagrees with that position that there were two valid contracts. We have asked for any indication out of the county documents where the '06 contract was terminated or ceased to exist. We've not been able to get that. I don't think it is in terms. As a matter of fact, the original letter issued under the '10 contract said it was renewal versus a new contract. So there's discrepancy in the information in the bid in the timing. And I hope that didn't overly complicate it and maybe tried to give you some dates and times that would make a difference. If you have any questions, we also have legal counsel here that's willing to further comment on the legal position, or I'll be here to answer any questions. CHAIRMAN COYLE: County Attorney, what's your position on this? MR. KLATZKOW: This whole thing's a mess. It isn't a clear -cut, you know, answer on this one way or the other. At the end of the day I don't have a great disagreement with the Clerk's position to pay off of one contract as opposed to the other. I won't have a great deal of disagreement if you decided to pay off the '10 contract instead of the '06. But at the end of the day, if you as a Board want to direct that the Clerk pay off the '10 contract, you can do that. Then the Clerk will make his decision if that's sufficient enough. Other than that, you know, I don't know where else to go with this. CHAIRMAN COYLE: Do you have anything to add to this? Is Page 100 January 10, 2012 there anything wrong with the Clerk's interpretations? MS. PRICE: I disagree with their interpretation. I believe that a more recent contract would just, under reasonable test, take precedence. But clearly I'm not an attorney so I can't give that as a legal opinion. But we truly believed that we were issuing a substitute contract that essentially discharged the old one by issuance of the new one. Now, as a matter of policy, we will from this point forward be extremely clear when issuing a new contract as to the termination of the old one. But in this case we acted in that manner. We did not use the '06 contract again and we moved forward on the '10 contract. Basically we had started early because we knew that this was coming and the contract ended in June and that the work was scheduled for July. Had we issued the purchase order on June the 20th, I don't think we would have had any questions here. We went earlier trying to be proactive and be in a better position from a planning standpoint. As I said, this was a very complicated project. I would also like to state that we did go to the other vendor, Modern, twice and ask them for a quote and they did not want to quote because of the move of the computer equipment. When we -- so because of that we went to two other firms, one of which also sent us a quote that did not include moving the computer equipment. MR. OCHS: Commissioner, the only other thing I would add is that it's clear from the record that the staff s intent was always to pay from the new contract. The purchase order or work order that was written for this work specifically referenced 2010 contract. So I just want to make it clear that that was always our intent. We intended to pay the rates that were part of that 2010 contract, knowing that the work would not commence, the physical move would not occur until July of 2010, after the 2006 agreement had expired. This argument about unjust compensation was a new one on us, frankly. And we sincerely don't think that applies, given the context Page 101 January 10, 2012 of that legislation. Again, we're not attorneys, but when you read a statutory provision that is a component of a larger statute all geared towards compensation of public employees, it didn't appear to us to be one that applied in this case. CHAIRMAN COYLE: Does the County Attorney agree with that? MR. KLATZKOW: Does the County Attorney agree with it? I don't know what was in the staff s mind when they did this. If they had -- CHAIRMAN COYLE: No, I'm talking about the application of the statute concerning additional compensation. MR. KLATZKOW: I understand the Clerk's position, if you have an existing contract that's a valid contract, that's what you pay under. You don't give additional compensation. I think that's where the Clerk's coming from on this one. It's like if you get into an employment agreement with any employees during the course of that agreement, that's it. You don't pay additional compensation during that. Somebody leaves you don't give them a big severance package because of that, you know, the deal is the deal here. That's the point of the statute. Quite frankly, the Clerk's dealing with something that's -- this is not clean, all right. If we would have done this right, and I'm not casting aspersions on anybody, because we do thousands of these a year, all right, if this would have been done right, then the second contract by its terms would have voided out the first contract and we're done. That's unfortunately not what happened here. You had overlapping contracts here. CHAIRMAN COYLE: How many public speakers do we have, Ian? MR. MITCHELL: Sir, just one. CHAIRMAN COYLE: And we just had that one? MR. MITCHELL: No, sir, it's the attorney for the Clerk's Page 102 January 10, 2012 department. So it's Tony Pires. MR. PIKES: Mr. Chairman, members of the County Commission, for the record, Anthony Pires, Jr., with the law firm of Woodward, Pires, Lombardo, representing the Clerk of Courts. I'll be brief, because you've had a number of discussions today. There are a number of issues involved in this that have been outlined by Ms. Price and by Crystal Kinzel. Based upon the facts and law that I have reviewed, I've advised the Clerk that it would be inappropriate and unlawful for him to pay the additional compensation for the work under the rates quote, unquote established in which outlined and purported to be contract number 10 -5443. My advice to him is based upon the facts as well as concerns about the validity of A, the number 10 -5443 contract, as it was not approved by the Board of County Commissioners, contrary to the black and white explicit language of Section 125.74, parens one, parens M. like in Mary, of Florida Statutes, which authorizes the County Manager to negotiate contracts for approval by the Board. We've had that discussion. And secondly, the after- the -fact increase in compensation in purported contract 10 -5443, contrary to the provisions of 216 -425 of Florida Statute. And furthermore, just as part of the factual issue, the quotation as Ms. Kinzel indicated in her presentation, in April of 2010 by Suncoast for the turnkey job of $43,000 and some odd did not reference the 10 -5433 contract, purported contract. It is my understanding -- that's my advice to the Board -- I mean, to the Clerk, that it would be inappropriate and unlawful to pay the additional compensation. And it's my understanding that based upon my advice that the Clerk will not be paying the additional compensation. CHAIRMAN COYLE: Thank you. Who was first as far as Commissioners are concerned? Commissioner Fiala? COMMISSIONER FIALA: I was. Page 103 January 10, 2012 MR. DETHLEFSEN: Could I make one quick comment? CHAIRMAN COYLE: Not right now. COMMISSIONER FIALA: Isn't this sad that things like this go on? This gentleman in all good faith gets up there, gives us a quote $9,000 less than anybody else. Now, as he's preparing to do this, here he gets other orders to add on. Did he say no, I'm not going to do it because that isn't in my original quote? No, he just did what he was asked to do. This poor man is being held hostage and it's not even his fault. It just makes me sick about something like this. And I don't know, you know, he didn't jack up his prices at all. It's almost inferencing that he jacked up his prices and they don't want to pay him more than what his contract was. Turnkey operation. But heck, at the time none of us knew that he had -- none of them knew, he didn't know, that they were going to ask him to do this extra work. Now, what does somebody being hired by the county do when they're asked to do extra work? Nope, I'm going to have to check with the Clerk's Office first before I can do anything, and then everybody has to shut down the job until the Clerk gives them a yes or a no? I mean, you know, this is wrong. This is wrong. We're quibbling about $6,500 worth of work he did because he was asked to do, not because he jacked up his price. He gave us a $9,000 less quote than anybody else and then they inferred that the other companies wouldn't have done it. Well, if they were to asked to do the same things they would have to charge for it too, for goodness sake. And I'm afraid that what's happening is that people aren't even going to want to work for the county anymore, they're not going to want to do business for the county anymore, because no matter what they do they're going to be challenged, they're not going to get paid, and they're going to be hung out to dry. I don't know how long you've waited for this money, but over a year -- Page 104 January 10, 2012 MR. DETHLEFSEN: Almost two years. COMMISSIONER FIALA: And that's a shame too. Two years. That's a shame too. This should not happen. And I'm just -- I'm embarrassed. I'm so sorry. I'm so sorry, sir, this should not happen. And I've said enough. By the way, this is all about interpretation too. I mean, you can prove -- you get a lawyer up here, he could prove anything you want him to prove. But so could other attorneys. You get them all up here and they'll all have -- right? Everybody will have a different -- I'm not done, Crystal. Everybody will have a different opinion and they'll all fight to the death because they're right. It just seems that is so wrong. And sometimes I -- well, I won't go on any further than that. You heard everything I had to say. CHAIRMAN COYLE: Who was next? COMMISSIONER COLETTA: I'm last. MS. KINZEL: Commissioner Coyle, could I respond to Commissioner Fiala's -- CHAIRMAN COYLE: Crystal, we've got three Commissioners ahead of you, so just take your turn here. Who was next? Commissioner Coletta was last so it's between Henning and Hiller, and ladies go first. Commissioner Hiller. COMMISSIONER HILLER: Thank you. Crystal, would you like to go ahead? I'd like to hear your comments. And then I'll make mine. Because I'd like to make sure that I incorporate what your thoughts are in reference to Commissioner Fiala's. MS. KINZEL: I only have a couple of comments. That number one, first of all, remember that just what was said, 99 percent of what we do, we pay, we clean, it's clean, it's clear. This is not a clean and clear issuing bill. Now, the Clerk did not create that purchasing process. The Clerk's Office did not create, we ended up with the end invoicing. Page 105 January 10, 2012 We're not accusing him of jacking up prices, that was never used, never the terminology used. But the fact of the matter is he had an existing contract under '06 at rates that varied from the '010 rates. He had an overlapping agreement and the rates on the overlap were higher. And county staff agreed to pay those higher rates for the same services for which there was an existing contract that was not terminated. We asked county staff, and we've gone through all the agreements in the contracts, we were looking as diligently as anyone else for the out - clause that said that '06 contract was in fact terminated and this was a successor agreement. We asked for evidence of that. It was not included in any of the documents that we could discover. And if we had that legal resource, that would occur. We don't like to be in this position of not paying a vendor that has an expectation either. But the errors occurred on overlapping agreements, agreeing for extra compensation for the services. Yes, he underbid the other vendors, but then he upped the services. Now, and admittedly that was at county staff s request for those additional services, but Commissioner Fiala, here's the trigger that you have to watch for in these types of agreements, and it's the other issue that we have with ongoing change orders to contracts, to agreements and to purchase orders. You lowball bid, and knowing that those services are going to have to take place, he had originally proposed a turnkey operation, having inspected the site, that all the vendors were authorized to inspect the site, and then those additional services that he was requested by Facilities cost more money. That put him above the other people that had bid for the services. Now, had those other bidders under their turnkey been offered that same opportunity, we have no way to go back and say would they also have charged more, would they have charged less? At turnkey you assume it's turnkey and there aren't going to be any additional elements of cost. They had the opportunity to review the job. Page 106 January 10, 2012 So those are red flags whenever you're looking at bidding and purchasing that say, you know, you don't want to see that in your bidding and purchasing process, because it undermines the integrity of the initial bid and quote. COMMISSIONER FIALA: So are you saying that he knew that these things would have to take place and he would be issued these requests to do these things and he purposely didn't put that in the bid -- MS. KINZEL: No, I'm not saying that, but his initial bid that came forward was for a turnkey, and the assumption -- and that is a term of art, that turnkey would be that it would be done. COMMISSIONER FIALA: Okay. So then if they would have said, now we need you to change it, we don't want the furniture this way, and we want you to change it this way and we want you to do the computers this way, is he -- according to the Clerk's Office, is he supposed to say no, I'm not going to do that, I first have to check with the Clerk's Office? MS. KINZEL: No, this all starts back at the original bid for the process. Those issues -- COMMISSIONER FIALA: But he didn't know that -- MS. KINZEL: -- are supposed to be. But they're supposed to ferreted out. When you do the scope of work for the bids that are to come forward, you're supposed to include that. They were even given the opportunity to go to the site and review the site. So then you omit those -- COMMISSIONER FIALA: How would he know that they wouldn't like the way the furniture is distributed or designed or put into place? MS. KINZEL: But there should have been plans issued in that regard. Or -- you know, I -- COMMISSIONER HILLER: Can I go ahead and make my comment now? Have you guys addressed your concerns? I wasn't here when all this took place, so for me this is a matter of Page 107 January 10, 2012 first impression. And first of all, Len, I'd like to compliment you, you know, not addressing the legality of the argument but the manner in which you articulated your argument was so professional, you could be a lawyer. I have not heard lawyers talk as clearly as you did. I was very impressed. So thank you for being as articulate. And Crystal, thank you for giving us all this detail because, you know, the evidence always helps. At the end of the day, it's like Jeff says, this is a mess. And it really goes to Purchasing and Purchasing's way of doing business, the way Purchasing lets these contracts, defines what the parameters of these contracts are. This gentleman, whether it's because of Purchasing or the Clerk's legal interpretation, it looks like he's not going to get paid. My concern is that it does ultimately go back to the beginning of the transaction and what transpired. And it goes even further than that to our procedures. We have had problem after problem after problem with work being done after the expiration of contracts. Since I came on this Board I've seen it come up, I've seen Purchasing and the Clerk's Office and the County Attorney's Office debate this issue. And this is just another example of that. The other problem that I see is where staff is basically modifying agreements subsequent to the Board's approval without ratification by the Board. And quite frankly, the ratification is a problem because the Board should have the ability to pre- approve these contracts, not have to approve them after the fact because it's a done deal. So there are fundamental purchasing problems. And, you know, however this has adversely affected this gentleman, I feel very sorry for him that he's at the -- in effect at the -- on the bad end of this deal. But the law is the law, and it was done wrong. And for everything that I can hear, the Clerk is not going to pay it and has legal grounds not to pay it. So it makes it very difficult. So one of the things that I see coming out of this is that we go Page 108 January 10, 2012 back, and when you work with that attorney who the county hired to assist in developing purchasing protocols, that you work with the Clerk to ensure we have purchasing procedures in place so that this doesn't happen again. Because we are bound by the law, and we have to have procedures that respect it. But thank you again for presenting, because I really think you just spoke eloquently. CHAIRMAN COYLE: Commissioner -- MS. PRICE: If I might, just to put on the record, the purchasing policy was followed as it was written at the time that this was done. We're now applying a new paradigm and we're working with the Clerk's Office to change those policies. But I just need to state that we did follow the purchasing policy as it was in place and had been accepted up until that point in time. COMMISSIONER HILLER: You know, I don't know about the specifics of that, but I will tell you, if the purchasing policy allowed for this to occur, it's wrong, and shouldn't be allowed. And if you did what you thought you were supposed to do and it was a policy that was adopted by this Board, this Board at the end of the day is fully responsible for everything. No matter what purchasing does, no matter what you do, it's not you, it's this Board. So if the policy is wrong, it needs to be revised, it needs to conform with the law. We should work with the County Attorney, we should work with the Clerk, we should work with that outside counsel and develop the right policy. CHAIRMAN COYLE: Commissioner Henning, I think it's your turn now. COMMISSIONER HENNING: So the Board never ratified this 2010 contract? MS. PRICE: No, because -- well, yes, they did. But not until after it reached the $50,000 threshold. It was approved by the Board in October of 2010 when we reached the $50,000 threshold. At the Page 109 January 10, 2012 time that we issued this, this was competitively bid but it was administratively awarded under our purchasing policy with the expectation that it would be a contract that did not exceed $50,000. COMMISSIONER HENNING: The contract had certain quotes. I mean, you're basing it upon bids from other contractors, correct, and the lowest best price. The other contract, the '06 contract, was renewed over and over again, okay? MS. PRICE: Until the end of the renewal options. COMMISSIONER HENNING: Correct. So then you go out for a new contract and that is a continuing contract. MS. PRICE: The new contract was a continuing contract. COMMISSIONER HENNING: The new contract -- MS. PRICE: What we call a fixed term contract. COMMISSIONER HENNING: Fixed term contract with prices in it. MS. PRICE: Right. COMMISSIONER HENNING: So how we can pay for work prior to a contract that was ratified by the Board of Commissioners? Legally. MS. PRICE: Commissioners, that was part of your policy, was to allow us to administratively award contracts up to $50,000. That was part of the policy and it was part of our practice for a number of years. That's the only way I could answer that -- COMMISSIONER HENNING: So this is a fixed -- MS. PRICE: -- and still is, as a matter of fact. COMMISSIONER HENNING: This is a fixed term contract. And all those fixed term contracts should be coming to the Board. Now, a contract or a bid by a vendor to do work has that threshold. But a fixed term is an ongoing contract. So I mean, I don't see legally how we can even pay under this contract on work that was done previously. It's a fixed term contract that goes on and on. And Page 110 January 10, 2012 what -- the staff doesn't have any ability to approve contracts. So why can't we pay it under the '06? That's the only one that was in existence. Can we do that? MS. KINZEL: Commissioner Henning, we did pay him under the '06 rates. He was paid for the work done under the '06 rates. Based on that exact argument that the '06 was in effect at the time the purchase order was issued for the work on the job and it was valid. And to at least compensate him for work that was done, it was at the lower of the rates. So it did not violate the additional or extra compensation element of the statute. COMMISSIONER HENNING: We paid him for the total job under the '06 -- okay. MS. KINZEL: After the Board approved in October the entirety of the job, including the increased items. I mean, remember, the way this came back to the Board, work had already been performed in excess of $50,000. That's what threw it over the 50 was the last $9,000 staff authorized change. And when we received that, we said we can't pay this, it's over 50,000, you never got Board approval. When we researched the contract, then the two contracts became apparent that those two agreements were out there and there should never be overlapping agreements, they should be successor agreements. COMMISSIONER HENNING: So when we approved it you were just trying to ratify -- when we approved the contract you were trying to ratify -- have the Board ratify a contract that the staff has already signed off on. MS. PRICE: We asked the Board to allow us to use the contract in excess of $50,000. And the Board approved in October to do that. COMMISSIONER HENNING: But it's a continuing contract. MS. PRICE: Correct. In our practice, and as part of our procedures and policy, the staff could approve a contract that would be -- would not be used over $50,000. Page 111 January 10, 2012 COMMISSIONER HENNING: A fixed contract? MS. PRICE: A fixed term contract where the expected expenditures are under $50,000 our practice has been and our policy permits for staff to approve that. COMMISSIONER HENNING: So you're saying this is not a -- this was not a contract for a single job. You're saying it was a contract for a single job? MS. PRICE: No, sir. COMMISSIONER HENNING: You're saying it was -- could be for multiple jobs. MS. PRICE: Correct. But that our expectation was at the time that we let it that we would not go over $50,000. In March when we let it, we didn't have the $43,000 quote, but our guesstimate at that time was to move the Appraiser and any other very small jobs that we had coming up, because that was the extent of our planned moves, would not exceed $50,000. When it did, we brought it to you. And that's been practice, we've done that with other contracts as well where we awarded administratively a fixed term contract where the expectation wasn't to go over 50,000. Most of them do not go over the 50,000. And in a few cases we find a need to go over 50,000 and we've brought them to you and you have then approved that for the over 50,000 expenditure. COMMISSIONER HENNING: It was my understanding when we approved the policy it was an amount under the existing contracts not to exceed $50,000. Okay. CHAIRMAN COYLE: Okay, Commissioner Coletta. COMMISSIONER COLETTA: Commissioner Fiala, I'm as frustrated as you are with this. You know, everyone's right, everyone's wrong. Dwight Brock has said many times, and this is good advice that I think we could apply here, if you find yourself in a hole, stop digging. And here we are. We have everything in the world why this thing is not workable. Page 112 January 10, 2012 We have all sorts of arguments and counterarguments going back and forth. $6,000 and some, which I'm sure by now between the Clerk's office and our office, we've spent that much in staff time trying to resolve this issue. It's a losing deal. But meanwhile, let's look at this -- this is the part that bothers me. Okay, you got the legality of the whole thing. And like you, I'm not an attorney. And sometimes I'm thankful for that. No, I am, most of the time. No insult meant, Jeff. Here's the problem. The legal part of the whole thing and the moral part of the whole part. The moral part of it is we owe this man money. So I guess the only question I got to ask is how can we ever come up with a way to be able to make the reimbursement that would make this man whole? Not giving him for pain and suffering, just make him whole on the whole thing. Could we send something to the Attorney General and request something or is there something else that can be done? That's an open question. Crystal, Jeff, whoever? Or is this the end of the road? We have no options. This is it. Or is there something left that can be done? MR. KLATZKOW: You can make the finding that the intent was to pay off the '10 contract and ask the Clerk to pay it. At that point in time your work is done and it's up to the Clerk to decide whether or not he wishes to pay it, because he's got his statutory constraints, all right. If he elects not to pay it, then the process is, this gentleman can bring suit against the Clerk to compel payment. That's the process. COMMISSIONER COLETTA: I've got to ask one more question then. I have no idea what's going to be most advantageous for you, sir. Can I ask the petitioner to come back up to the microphone. There's two options open to us. If we deny it, then you may have a case against the Clerk. How's that work again, Jeff? MR. KLATZKOW: What I'm saying is that you make the Page 113 January 10, 2012 finding as a legislative body that it's your intent to pay this bill pursuant to the '10 contract and ask the Clerk to pay the bill accordingly. At that point in time you're done, your act as a legislative body is done. The Clerk now has the Constitutional statutory duty to review all invoices and he'll make the legal determination whether or not, given the facts presented, he can make that payment. If he elects not to make that payment, then the process is this gentleman can bring suit against the Clerk to compel the Clerk to make that payment. COMMISSIONER COLETTA: It would relieve my conscience that I have done everything I possibly can -- MR. KLATZKOW: That's all you can do -- COMMISSIONER COLETTA: -- so I'm making that motion. COMMISSIONER FIALA: And I'll second it. MR. OCHS: Commissioner, if I could just make one closing comment, and this may or may not help clarify the staff s intent. But again I'll reiterate, the staff s intent was -- and in fact the staff action was a purchase order issued on the new contract. We intended to contract for the work under the new agreement. And in fact, and I stand to be corrected if I'm wrong, but over 40 -- so we engaged the contractor with that purchase order referencing the new contract. He proceeded to do the work, submit invoices, was paid over $49,000 by the Clerk's Office without question or objection that we know about. And then it only reverted back to this other argument after we came to the Board to ratify the agreement once services exceeded $50,000. So that's why it was a little confusing to staff why, you know, you paid up to $49,000 on that purchase order, what happened with this other six? And I understand the argument. We spent a lot of time. I'm not trying to be argumentative, I'm just trying to give you some information on why the staff thought that we were proceeding in the way that we in fact intended to proceed. CHAIRMAN COYLE: I have a question. With respect to the Page 114 January 10, 2012 '06 contract, were the prices held for four years at the same level? MS. PRICE: They were. CHAIRMAN COYLE: And was the work under the 2010 contract performed after -- the additional work performed after the expiration of the '06 contract? MS. PRICE: With the exception of the delivery of a few boxes, all the work was done after the old contract expired. CHAIRMAN COYLE: So common sense would sort of tell you that if June 19th, 2010 came and went, that contract is no longer valid. MS. PRICE: That's correct. CHAIRMAN COYLE: And if you have a 2010 contract that happened to overlap it, although it's a little sloppy, the work that you paid for under that contract didn't occur until after the expiration of the '06 contract; is that a correct statement? MS. PRICE: That is correct. CHAIRMAN COYLE: And that's -- you know, common sense is being left behind here. You held your prices constant for four years. And we came to you and we said let's negotiate a new contract, it will carry us further so that we can get the job done. And you adjusted your contract. Perfectly acceptable, considering you had held them constant for four years. And the old contract expired and you did the work under the new contract at the new rates, and you're being told that we can't pay you. You know, you can make arguments just about against anything you want to stop. MR. DETHLEFSEN: Sure. CHAIRMAN COYLE: And common sense gets lost in the process, unfortunately. The point is you did the work, you did it at a reasonable price and you did it within the time frame of the contract that was in effect at the time. MR. DETHLEFSEN: Absolutely. Actually, one of the big reasons why we were awarded the contract to begin with is because Page 115 January 10, 2012 we gave a 10 -day window on the project, which was actually 97 percent of the project was actually concluded from a Tuesday to a Sunday because the county had marketed -- or advertised that the new Property Appraiser's Office would be open that following Monday. So we were under a time pressure. And I want to make one other comment. We worked 18 hours a day, about 30 guys, 35 guys. We faced every day, every day, changes. Not just one. I have it, it's all documented. That's why the county has worked with me diligently to come before you today and they want to compensate me. I'm not overcharging. I can't overcharge because I have an ongoing contract under the -- which the rates that I charge are bound by. However, the turnkey proposal that I originally provided back in April of 2010, several months before the job was actually going to take place, yes, we had walk - throughs. And yes, we agreed to carry a turnkey in that written document. But that document also says as long as there are no changes, this is a turnkey price. That part was left out, okay. It's very clear. CHAIRMAN COYLE: I think we understand. MR. DETHLEFSEN: So I apologize that I'm even standing -- I'm not an attorney either. I just, you know -- I've got documents that says you're awarded a new contract, the job's not going to happen until July. I applied the rates based on what I was provided with. As far as the technicalities and so forth, that's completely out of my hands. I appreciate it. CHAIRMAN COYLE: Of course there is some sloppiness in the dates of these two contracts. Somebody needs to monitor these contracts more closely. Because a simple matter of closing out one contract and implementing another would have solved I think this entire problem. But that's -- MS. PRICE: Those steps have been taken. CHAIRMAN COYLE: But that still is not reason enough to Page 116 January 10, 2012 close one's eyes to common sense and award this man or pay this man the money that is due him. So we have a motion by Commissioner Coletta, seconded by Commissioner Fiala to rule that it was the intent of the county staff to award the services under the 2010 contract and to pay this man the money that is due him. And -- okay, go ahead. COMMISSIONER FIALA: And you bring up such a good point about common sense. Sometimes common sense doesn't prevail. Jim Coletta brought up a wonderful -- what's morally right. What's morally right. And I will add to that and what is fair. What is fair to this gentleman. And no matter how hard we try, and if we approve to pay this gentleman, like his attorney just said, he's going to tell him not to pay it anyway. And that's too bad, because they're not allowing fairness and common sense and moral -- morally right into this. And it's a shame. And I just had to go on the record to say that. Thank you. CHAIRMAN COYLE: All in favor of the motion, please signify by saying -- COMMISSIONER HILLER: Can I ask a question before we vote? CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: Can I have the Clerk's attorney come back up to the dais. MR. PIKES: Yes, ma'am. COMMISSIONER HILLER: Having heard everything that was just discussed, do you have -- can you offer another alternative? Is there any other position, or is the Clerk's position still the same? MR. PIRES: Once again, I've indicated what my advice to the Clerk is, and my advice remains the same to the Clerk. COMMISSIONER HILLER: Notwithstanding that the gentleman just highlighted that his contract provided that it was a Page 117 January 10, 2012 fixed term contract or a turnkey contract, I should say, however without changes? MR. PIRES: Once again, we go back to, as I mentioned before, there's two statutes that I believe are in play. One is 125.74(1)(M) Florida Statutes, where ostensibly the new contract that we all talk about, the 10 -5433 was not approved by the Board of County Commissioners, which is contrary to Section 125.74(1)(M). And that's the basis for the rate differential is that particular contract. COMMISSIONER HILLER: So if this Board right now were to ratify that contract, would that in effect give the Clerk the ability to pay under that contract? MR. PIRES: I don't believe so. I've not researched that, but I don't believe so. MR. OCHS: Commissioner, you've already ratified the contract. COMMISSIONER HILLER: When did we ratify it? MR. OCHS: The Board did when we came to you with the expenditure in excess of $50,000. COMMISSIONER HILLER: Oh, way, way back -- MR. PIRES: That was after the work had already been performed. MR. OCHS: Correct. COMMISSIONER HILLER: So the after- the -fact ratification of a contract on work that was already done is -- MR. PIRES: I have issues with that, that's correct. COMMISSIONER HILLER: So that doesn't work either. MR. PIKES: From my perspective, that's correct. COMMISSIONER HILLER: So no matter what action this Board takes, the Clerk views this as an illegal expenditure and cannot pay on it. MR. PIRES: That's my advice to the Board. And the Clerk has indicated he would be following my advice on this matter. Based upon the Board's action today, we will consult with him further. But Page 118 January 10, 2012 that's based upon my prior conversations with the Clerk. COMMISSIONER HILLER: Can you help me out again, Jeff? I don't understand how us -- what exactly are we doing here today? We've already, I guess going back, ratified this contract after the fact, which Tony says we can't do. You say we can do that? We can do after- the -fact ratifications when work has already been done? MR. KLATZKOW: All you can do is say that is the intent to pay him under the 2010 contract, okay. COMMISSIONER HILLER: But could we -- but the first question is -- MR. KLATZKOW: What Mr. Pires is saying is that the 2006 contract is a Board approved contract, 2010 contract is not, okay. And the Clerk is going to be basically paying on the 2006 contract. All you can do is make the finding that we intend to pay him under the 2010 contract and ask the Clerk to pay that. And after that it's the Clerk's decision. COMMISSIONER HILLER: But it still goes back to the first question I have, and that is can the Board after the fact ratify this contract where staff authorized it then and staff authorized work done under it -- MR. KLATZKOW: Yes, we do ratification after the fact all the time, unfortunately. COMMISSIONER HILLER: Is it legal? MR. KLATZKOW: Yes, it's legal. COMMISSIONER HILLER: Okay, the Clerk's attorney says not MR. PIRES: Once again, we also have the issue about 215.425 for additional compensation after services have been provided. So once again, we have a difference of opinion obviously between my opinions and that of your County Attorney. COMMISSIONER HILLER: What's your opinion on that, on Page 119 January 10, 2012 services provided -- or payment for services provided? CHAIRMAN COYLE: We've already heard that. COMMISSIONER HILLER: I need clarification. MR. KLATZKOW: I don't know what to tell you. I'm not comfortable about this entire transaction, and I never was, all right. So I'll just leave it at that. This one is not clean. CHAIRMAN COYLE: Okay, all in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay, it passes 3 -2 with Commissioners Hiller and Henning dissenting. And I'd like to just ask the petitioner to keep in mind that Collier County is a business friendly place, okay? MR. OCHS: Commissioner, would you like to go to your next time certain item? CHAIRMAN COYLE: Yeah, we'll go to our 1:00 time certain now, we're only five minutes late. Item #I OC ADOPTING THE RESOLUTIONS ADOPTED BY THE BOARD OF THE PELICAN BAY SERVICES DIVISION AT A SPECIAL MEETING ON DECEMBER 14, 20115 WITH RESPECT TO THE 1998 JOINT COASTAL PERMIT OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE CLAM BAY RESTORATION AND MANAGEMENT PLAN AUTHORIZED TO BE IMPLEMENTED UNDER THAT PERMIT. Page 120 January 10, 2012 - APPROVING THE PBSD RESOLUTION AS PRESENTED, ACCEPT THE INTERPRETATION OF THE MANAGEMENT PLAN, THE INTENT OF THE BOARD CLARIFIED, AND CLARIFICATION MADE TO THE INVOLVED AGENCIES AND HAVE COUNTY STAFF PUT IN ALL COUNTY LAND SIGNS — APPROVED MR. OCHS: That is 10.0 on your agenda, Commissioners. It's a recommendation to approve and adopt the resolutions adopted by the Board of the Pelican Bay Services Division at a special meeting on December 14th, 2011 with respect to the 1998 joint coastal permit of the Florida Department of Environmental Protection and the Clam Bay Restoration Management Plan authorized to be implemented under that permit. This item was moved from the regular agenda at the request of both Commissioners Hiller and Coyle. And Mr. Dorrill will present on behalf of Pelican Bay Services Division. MR. DORRILL: Good afternoon, Commissioners, and Happy New Year to you. In the interest of time, my name is Neil Dorrill, I'm the Administrator of the Pelican Bay Services Division. With me here today is your Chairman, Mr. Keith Dallas. This board met in special session on December the 14th to consider a resolution to both affirm and support and amend the management plan for Clam Bay that accompanied a permit that was issued in 1998. The specific elements of the resolution are very important, and so I will have the chairman address those because he had asked to speak to you directly. And then I'm quite sure that there are other members here that want to share the concerns of the community and the adjacent community as well. Thank you. Page 121 January 10, 2012 CHAIRMAN COYLE: How many speakers do we have, Ian? MR. MITCHELL: Sir, we have nine registered speakers. CHAIRMAN COYLE: Okay, thank you. MR. DALLAS: Afternoon. Keith Dallas. I'm speaking today as Chairman of the Board of the Pelican Bay Service Division. The Service Division passed the resolution that you have before you because, first of all, we believe that canoe new markers are consistent with the Service Division and the county's intent at the point that the 1998 management plan and the DEP permit were obtained. We unanimously approved this resolution December 14th to remove any ambiguity that some people contend exists in the attachment to that plan -- it's some 200 pages, and there's one sentence that has caused some ambiguity -- to make it as clear as possible that the Service Division and the county in its approval never intended anything other than the canoe markers to be installed in this environmentally sensitive area called Clam Bay. I'm going to pass this over to Steve Feldhaus, who is from the Foundation and has also done a lot of the drafting of this. He can go over some of the details. But I respectively (sic) request that you approve this resolution so that we can start to put this subject behind us. Thank you. MR. FELDHAUS: Thank you, Keith. My name's Steve Feldhaus. I'm the Secretary of the Pelican Bay Foundation and the chairman of our ad hoc committee on Clam Bay. You voted on June 14th to approve canoe trail markers in Clam Bay. You instructed the Director of Coastal Zone Management to apply for a permit from Fish and Wildlife. He did. It was obtained. He applied for the approval of the U.S. Coast Guard. He did. It was obtained. He applied for the approval of the Army Corps of Engineers. He did. It was obtained. He applied for the approval of Page 122 January 10, 2012 the Department of Environmental Protection. He did, and it was obtained. The fact is that the only obstacle to achieving what you have instructed the staff to do, which is to install canoe markers in Clam Bay, is a lawsuit that's been brought by the community of Seagate. They are seeking -- they've asked a Collier County judge to require you to install something other than you've instructed to be installed, something other than canoe trail markers, navigational markers. It's their interpretation of a 1998 permit that that's what's required. The only actor here is the Department of Environmental Protection. They are trying to get a judge to instruct you to enforce a Department of Environmental Protection permit to install something that the Department of Environmental Protection is saying today isn't right. They have now granted a permit to install canoe trail markers there. There's -- they are not asking for the installation of red and green navigational markers. And in fact there's a 2008 letter memo from the Department of Environmental Protection where they say red and green navigational markers aren't required under the 1998 permit. So we're in a situation, and we've all been here, we've gone through it for a long period of time. And I want you to go back just a bit and remember how we arrived at canoe trail markers. Under your leadership, the Director of Coastal Zone Management put a committee together, a committee that included the Sierra Club, the Services Division, the Foundation, the City of Naples, the Seagate, The Conservancy of Southwest Florida. And we said let's look at this fragile system and try to find out what's best. And I think we held three or four meetings. A lot of talk. We had Fish and Wildlife on the phone several times, trying to see what they would permit out there, what they thought was appropriate. And as a result of that entire process we came up with a recommendation to you for canoe trail markers that went to the Coastal Advisory Committee. They recommended that you vote to install canoe trail markers. You voted Page 123 January 10, 2012 to install canoe trail markers. Today we have a lawsuit that's seeking to overturn that, and it's based on one sentence. Now, in the 1998 permit it wasn't a navigational -- it was not a navigational permit. I've talked to the lawyer in Orlando who represented you through the Services Division in 1998, a very respected lawyer. He said this had nothing to do with navigation. One sentence was put in a plan, not in the permit itself, but in a Service Division plan, a 98 page plan on how we were going to manage Clam Bay. One sentence was put in there that mentioned the installation of markers in the main channel in accordance with requirements imposed by the Coast Guard. They believe that that requires the installation of red and green markers. Now, I can tell you that the Coast Guard hasn't imposed any requirements. In fact, your staff has an e-mail from the Coast Guard saying canoe trail markers are fine. They are not imposing red and green markers. But the only basis for this lawsuit, which would drag on for years, it could take your County Attorney, your Assistant County Attorney. We just filed a few minutes ago, the Foundation, at the request of the Services Division and with the support of the County Attorney, a motion to intervene in that lawsuit. We've hired two law firms to represent us. It's going to be tremendously costly to defend that. It's going to take a long, long time, or it could. But it's all based on one sentence. And when we looked at that, and when the Services Division looked at it, and our attorneys looked at it, they said, you know, this sentence, first of all it doesn't mean, we think we're going to win this lawsuit -- CHAIRMAN COYLE: Steve, I -- MR. FELDHAUS: One minute sir, and I'll be finished. CHAIRMAN COYLE: Okay. I'm concerned that we don't even have the light on. Do we have the timer on? Page 124 January 10, 2012 MR. MITCHELL: No, sir, because the two gentleman that have just spoken were registered as public speakers but they were introduced as representatives of the association, and so the question is whether the Seagate people will get the requisite same amount of time. CHAIRMAN COYLE: Well, the problem is that everybody here is either from Seagate or Pelican Bay. So the time limit is three minutes. You've been talking for almost four. And if you can -- MR. FELDHAUS: I'll wrap it up immediately. I'll wrap it up immediately. We ask for your support. This is an important -- it's an important matter. It's fair, it's what you have instructed staff to do. It's what the working group, it's what the -- it's what's right for Clam Bay. Thank you very much. CHAIRMAN COYLE: Would it be fair to say that the two speakers from Pelican Bay who have already spoken, their time can be used in the aggregate? Neil, are you going to be speaking again? MR. DORRILL: No, sir. CHAIRMAN COYLE: Okay, all right. So we've done two speakers. Okay. You took his time. MR. FELDHAUS: That's fair. And if I thought we were introducing this and that I wasn't speaking as a speaker, I was telling you what was before you, that's what I had been told by your staff, that I was not speaking as a public speaker but as someone introducing it. But I do understand your sensitivity to ensure that the other side has an adequate time to speak. I would like the opportunity since I thought that was the basis of my presentation to take someone else's time to speak at the end if it's necessary to answer any questions you might have. CHAIRMAN COYLE: Only if I do the same thing with the other side. MR. FELDHAUS: That's fair. CHAIRMAN COYLE: So we'll see how that works out. Page 125 January 10, 2012 MR. MITCHELL: Sir, your first speaker is Noreen Murray. And she'll be followed by Rick Dykman. MS. MURRAY: I'll cede my time to Mr. Feldhaus should he need it at the end. MR. MITCHELL: So the next speaker will be Rick Dykman, and he'll be followed by Marcia Cravens. We'll use both podiums, please. CHAIRMAN COYLE: Ms. Cravens, if you'll come over to this podium, please. MR. DYKMAN: I'm Rick Dykman. I'm a Seagate resident. I'm on the Board of Directors of Seagate. We've been -- I've been down here a lot in the last three years, and it seems like we're kind of back to where we were three years ago. We keep, you know, beating this thing to death and we get back and nothing's happened. And that's too bad, because we want something to happen too. This document, I read this document this morning, and it just kind of puts everything back those three years when you read it. It still gives Pelican Bay a huge control over Clam Bay, which I don't think is right. You have to remember, this waterway was owned -- is owned by the State of Florida. It's supposed to be managed by Collier County. And it's classified as a navigable waterway. Unless something's changed, that's what the facts are. And, you know, this document also to me seems if you don't like the rules, you just change it. And that's what I see happening here. There are a couple of things that Mr. Feldhaus just said that I'd like to address. One is he said the Coast Guard supported navigation marker -- I'm sorry, canoe markers in lieu of navigation markers. That's not true. The Coast Guard just said they take no exception to signs are markers. But if you ask them what they'd put in for navigation markers, I guarantee you, they'd be red and green. Also, there's another item in here that's -- that bothers me and Page 126 January 10, 2012 bothers all of us. Let's see if I can find it here. Basically says that there's a way that PBSD can restrict motorized boats. All they have to do is prove these that these boats are ecological -- that they affected the ecological integrity of the bay system. Well, I mean, we've been boating there since 1957. We've had small boats forever in there. So I don't understand that. Does that mean I'm done? MR. MITCHELL: No, sir, you have one minute. MR. DYKMAN: Okay. I think that that definitely cannot -- I mean, we can't support that, that's just terrible. And to me, we've always been worried about Pelican Bay taking our boating rights away, always have worried about that. And that's the kind of language that does that sort of thing. I guess in closing, I would ask you not to approve this. We're going to go to court, we're going to have a judge look at this. Let's let the judge decide what to do and we'll be done with it and we move on. So I would like you to deny this request. Thank you. MR. MITCHELL: Ms. Cravens will be followed by Mary McLean Johnson. MR. CRAVENS: Good afternoon, Commissioners. And Happy New Year. I'm optimistic about 2012, that it will be one of increased ecotourism. And I'm prepared to move this along as much as possible in my newly added role of Sierra Calusa Groups outings chair by highlighting our area. I believe that you are serious about protecting safe recreation of all persons who enjoy the many in -water opportunities of Clam Pass and Clam Bay. I'm a resident of Collier County who has come before you many times due to my commitment of keeping the Clam Pass, Clam Bay NRPA preserve protected and preserved for current and future generations. I'm one of thousands who regularly enjoy and appreciate passive recreational opportunities at Clam Pass. I'm one of nearly 500 paddlers of a local paddler club. I'm also one of millions of Page 127 January 10, 2012 Sierra Club members. And I am on the executive board of our regional Sierra Calusa Group. I respectfully request that you approve the PBSD resolution which would clarify the 1998 FDEP permit and it would clarify the restoration and management plan attached to it. There is just this one sentence, as Steve Feldhaus indicated, that has been the source of so much divisive disagreement in our community. And by clarifying the management plan by modification of that one sentence, I hope that it will cure this divisive situation. I additionally, however, request that you would consider endorsing and affirming that the information and canoe trail boat markers that were approved by the 2011 work group are appropriate for modification, an administrative modification of Page 9 of the 1998 permit DEP permit. And I gave you a little background information and the written comments, I won't take too much time with that. Just that there is a defect on Page 9 of the DEP permit because combined language of informational and regulatory was required for one set of signs. DEP has determined that that requires an administrative modification in that it would be done in consultation with Fish and Wildlife Commission. Your work group that met this past year and recommended certain language for information and canoe trail markers was very much in consultation with Fish and Wildlife Commission, thereby meeting that consultation that DEP indicated would cure the defect on Page 9 of that permit. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Mary Johnson will be followed by Sarah Wu. MS. JOHNSON: Good afternoon. I'm here as president of the Mangrove Action Group. The Mangrove Action Group seeks to protect the environment of Clam Bay. And we support a marking system for Clam Bay that consists of canoe trail makers and information signs such as the one that has been approved by the BCC Page 128 January 10, 2012 already and also by all of the permitting agencies. There's been a lot of time spent reviewing this matter, and we really want to go on record as supporting the resolutions that would make this matter clear that canoe trail markers are the appropriate markers for Clam Bay. Therefore, please approve these resolutions with the changes suggested by Mr. Feldhaus. It's time that we were able to move forward and implement this plan that you have already approved. Thank you. MR. MITCHELL: Sarah Wu will be followed Robert Rogers. MS. WU: Good afternoon. My name is Sarah Wu and I'm a resident of Seagate. There are many reasons you should oppose this resolution, but there is one reason I'd like to talk about, and that pertains to the whereas statement on Page 6. According to this statement, the U.S. Coast Guard notified county via e -mail that they have no objections for the placement of canoe trail markers. Should we really be relying on e-mail statements when it comes to such a sensitive issue? E -mails from federal agencies don't substitute for formal approval. Furthermore, have you seen this e-mail? I haven't seen this e -mail. No one from Seagate has seen this e -mail. I think Mr. Feldhaus is the only one that has seen this e -mail. At the December 7th Pelican Bay Service Division meeting, Mr. Feldhaus made an impassioned plea to the Pelican Bay Service Division to amend the 1998 management plan. He requested that they delete the following language from the permit: finally, the main channel will be marked in accordance with the requirements opposed by the U.S. Coast Guard to ensure that those who use the system clearly know where the channel is and the prohibitions of operating their watercraft outside the same. End of quote. And he wants it replaced with: Clam Bay will be marked with canoe trail markers and informational signs. End of quote. Page 129 January 10, 2012 At this meeting Mr. Feldhaus alluded to this e -mail from the Coast Guard but he was very hesitant to give specifics. But when he was pressed by a member of the Service Division board who was confused on why there was now a need to amend the permit after the Board of County Commissioners had already approved the canoe trail markers, this person, board member said but there was a ruling by the Coast Guard that says that red and green markers are not required. And Mr. Feldhaus responded that is not what the Coast Guard said, and I would prefer to spend time -- not to spend time in a public forum detailing the specifics of my concerns. I will tell you unequivocally I am concerned that there is a real possibility that red and green markers will be installed. And because -- end of quote. And because of this fear of red and green markers, the Pelican Bay Service Division adopted this resolution to change the language on the permit. I believe that the public is not getting the whole truth. Seagate representatives contacted the Coast Guard last week and they were -- the Coast Guard was unaware of any approval being formally granted on these canoe trail markers. On many fronts there appears to be something a little fishy going on. Lastly, at the BCC meeting this past summer you approved of the canoe signs. Seagate made it clear that the canoe signs did not meet the requirements of the present permit. Pelican Bay and county staff, albeit to a lesser extent, stated that they did. Now they want to change the permit because what we told you all along was true. At some point credibility of the parties has to be considered. Not only should you vote no but you need to go back and change your other vote and insist that staff put in the proper U.S. Coast Guard approved markers. Thank you. CHAIRMAN COYLE: Thank you. MR. ROGERS: Robert Rogers, Seagate resident. I'm probably Page 130 January 10, 2012 the single most impacted person by what goes on in Clam Bay. I can literally walk out my bedroom, take 20 steps and I'm standing in the water. And this is the perfect example of what Commissioner Coletta said, when you find yourself in a hole, stop digging. You made your decision before to put in the canoe markers. In our view that was an incorrect decision. However, I believe you had a good faith basis for that decision based on the representations that you were told at that time. You were told these canoe trail markers satisfied the permit. You can go back and watch the hearing. That's what you were told. So you said, hey, Seagate, these satisfy the permit, let's move on. We said, we don't think so, we will exercise our options in court. I told you that myself personally. I was challenged by Commissioner Hiller. You said, wait a minute Mr. Rodgers, staff has hold us that these markers meet the permit. I said, that's not correct. Now staff and Pelican Bay are back before you saying change the permit quick, we're about to go to court and potentially lose. Now, you could potentially win. You at least have a good faith argument. And by the way, on the court, Seagate is stepping into the shoes of DEP. We had to send a letter to DEP under the statute to get authorization to bring this suit. DEP hasn't taken the position our suit is void or moot. And your resolution today is not going to make it moot either. The suit's going to continue. You're just going to embellish our claim by bringing up more questions for the court to consider. What should happen really is what Ms. Wu just said, you should go back up and do what the permit calls for. The reason you didn't do what the permit called for after first voting to do what the permit called for was because staff told you it was too expensive. You formed a committee, the Clam Bay Advisory Committee, of which I was on, which had representatives of all your communities, three representatives of Pelican Bay, and that committee came back and Page 131 January 10, 2012 said, you need to put in Coast Guard approved markers. That's what that committee said. That committee met for a year, not three or four meetings that the second committee that was met for, we met for a year and we came back and told you to put those markers in. You're now at the point where they are saying, and I'm reiterating it, don't let it go to court. And as Mr. Feldhaus said, and I completely agree, it's not ambiguous. Read it. It's one line. And the reason the line is highlighted is it's the only part of the permit that hasn't been satisfied. And it's the part that was negotiated at the time to appease Seagate so that the management of the mangroves could take place. And now what's happening, exactly as Ms. Wu said, you're changing the deal. If you think you're right, you're going to win, you don't need to change the permit. It's simply -- it's so patently unfair I don't even know what to say. And if you ever go down there and go out in the bay, why are we doing this? It's so ridiculous. Just put in the navigational markers and that's it, it's over. You'll never hear about it again. Thank you. MR. MITCHELL: Sir, that was the last registered speaker. CHAIRMAN COYLE: We're going to take a 10 minute -- MR. MOFFATT: Excuse me, I had registered, Jerry Moffatt. And I said I intend to cede my time to Steve Feldhaus. MR. MITCHELL: Mr. Feldhaus had spoken. He didn't register as a public speaker. So I mean -- Commissioner, if you want -- MR. MOFFATT: So I can't cede my time? CHAIRMAN COYLE: Do you have anyone else for a speaker? Okay, cede his time to Mr. Feldhaus. And if we -- MR. FELDHAUS: And Noreen. COMMISSIONER FIALA: And Noreen. CHAIRMAN COYLE: I can't let Mr. Feldhaus speak for six more minutes. Page 132 January 10, 2012 MR. FELDHAUS: Mr. Chairman, I will speak for 30 seconds. CHAIRMAN COYLE: That's not possible. MR. FELDHAUS: It's for 30 seconds. CHAIRMAN COYLE: You are a lawyer, right? You can't speak for 30 seconds. MR. FELDHAUS: I will try. COMMISSIONER HILLER: I bet you he can't. CHAIRMAN COYLE: All right, then I will let Mr. Rodgers -- MR. FELDHAUS: I just want to answer something that Mr. Dykman said about the intention of our community to deny them access, watercraft access to the Gulf from their community. In order to ensure that's not the case, I've made representations to you publicly that that's not the case. Our board voted unanimous on Sunday 7 -0 to pass the two following resolutions: Resolve that the Pelican Bay Foundation, acting by and through its board of directors, does hereby notify the Board of County Commissioners of Collier County that the Foundation will not take any action to deny the residents of Seagate the level of watercraft access to the Gulf of Mexico which they enjoy as of the date hereof. And be it further resolved that the officers of the Foundation and they hereby are instructed to take all action necessary and appropriate to ensure that the Foundation complies with the undertaking set forth in the foregoing resolution. Thank you. CHAIRMAN COYLE: Thank you. Steve, maybe you better not leave the mic. yet. I believe that your resolution is pretty much like a resolution, but as a Board of County Commissioners, we can make a resolution and the next County Commissioners can completely ignore it. Is that not true? MR. FELDHAUS: Well, there's a -- I'll let your County Attorney give his interpretation of contract law here. Page 133 January 10, 2012 MR. KLATZKOW: That's true -- MR. FELDHAUS: We're asking you to undertake -- CHAIRMAN COYLE: It's true. MR. KLATZKOW: You can make an ordinance and then change it. CHAIRMAN COYLE: That's right. So, you know, if you really want to do something that will guarantee Seagate their navigable access in Clam Bay, it should be in a legal document that is enforceable. And if you wanted to talk about that, that might be interesting to some people. But nevertheless, absent that, I think most people are probably right, that it's going to have to be decided by a judge. But nevertheless, we are beyond our break period for our court reporter, so what we'll do is take a 10 minute break and then come back here at 2:43 and a half. (A recess was taken.) CHAIRMAN COYLE: Okay, thank you very much. Ladies and gentlemen, the Board of County Commission meeting is back in session. And I'm going to make a decision. Will somebody go get a commissioner or two? MR. KLATZKOW: It's easier this way. CHAIRMAN COYLE: I know it's a hell of a lot easier this way. No, it won't be confusing. My decisions don't get confusing. COMMISSIONER HILLER: Now, but they'll be challenged. COMMISSIONER HENNING: We changed government to a kingdom. The king has ruled. CHAIRMAN COYLE: We probably should. We probably should. Okay, we are in session. We've got a quorum. Let's get started. Who's next? We had all the public speakers, didn't we? MR. MITCHELL: Yes, sir, we did. CHAIRMAN COYLE: Okay. So Commissioner Hiller is the Page 134 January 10, 2012 only one who's here with her light on. So go ahead, Commissioner Hiller. COMMISSIONER HILLER: I'd like to make a motion that we approve the resolution presented by PBSD and take whatever action is necessary to ensure that the management plan and permits reflect what was described in that resolution as the intent of the Board. THE COURT REPORTER: You may want to put on your microphone. COMMISSIONER HILLER: Oh. Can you hear me now? Good. Yes, thank you. COMMISSIONER HENNING: I'll second the motion. But I think we also need to recognize the rights of the Seagate residents for motorized boats. And I don't know if this is an appropriate time to do that. COMMISSIONER HILLER: And I'm not sure that we -- if my understanding is correct, and I'd like Jeff to make sure that it is, it is their right. There is nothing that we can say or do that would impinge on the right that they have to use motorized boats. COMMISSIONER HENNING: Maybe the appropriate -- the Board in '97 or '98 passed a no wake ordinance dealing with Clam Bay. Can we take a look at that and make sure that that ordinance recognizes motorized vehicles -- motorized boats? MR. KLATZKOW: Absolutely. I'll take a look at it. COMMISSIONER HENNING: And if not, part of the motion I think would be to direct them to bring it back for amendment if it doesn't recognize that. COMMISSIONER HILLER: Sure, I have no problem with amending it to that. And the informational signs that we as a Board approved did address motorized boats, canoes and swimmers, all three. So it is very clearly the intent that, you know, all of those users can avail themselves of the Clam Bay NRPA. CHAIRMAN COYLE: Okay, I've got my light on now. It's not Page 135 January 10, 2012 clear at all. There never has been a legal -- legally enforceable statement by Pelican Bay in any form whatsoever that recognizes the right of navigable access by other people in Clam Bay. The only way we'll get that really is through a court decision. Now, this resolution, and we're voting on a resolution right now to change the record. And I appreciate Commissioner Henning's initiative in trying to pin this down, because he and I both insisted at the meeting where the canoe markers passed by the majority of the Commission, he and I both insisted that there be informational signs at the parking area that specifically said there would be motorized vessels in Clam Bay and that they were authorized to be in Clam Bay. I have not yet seen those signs. I have asked for a copy of them. I have not received it. And I -- my belief is that there is a continuing attempt not only by the staff but by Pelican Bay to keep that from being recognized. Now, let's go to the specific resolution. So I'll support Commissioner Henning's effort to clarify that issue. But let's go to the resolution. In my opinion this is unethical. How do you pass a resolution to go back and change the record back 11, 12, 13 years ago so that it makes it easier for you to dispose of a lawsuit? The record is the record. Whatever is in the record is there. It will be interpreted by the courts. It is not something we can just waive by a resolution. I mean, if we could do this by resolution, we could solve a lot of lawsuits we're involved in today. Let's just pass a resolution and alter the record and then remove the opportunity for a lawsuit. It's distasteful to me to be involved in that kind of an argument. I can't believe people really want to do this. It makes me even more suspicious of the motives than I was before. So it's just a bad thing to do. I don't know if Seagate has a sound basis in court. I don't think anybody else does either. And I think the best thing we can do is let them find out. Let them make their argument. Let's see who's right. And at that point in time it's solved. Page 136 January 10, 2012 We'll have a court interpretation, a court order that tells us what we're going to do. We are no further along resolving this issue than we were five years ago, 10 years ago. There have been committees formed, people working together trying to get it resolved, and it just doesn't happen and it's not going to happen until it gets to court. And so I strongly oppose the motion. But I do encourage us to try to find some legal basis for recognizing the legal right of Seagate residents to use motorized vessels in Clam Bay. So with that, Commissioner Fiala, your light was on. COMMISSIONER FIALA: Yeah, I -- COMMISSIONER HILLER: I'm going to speak again. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: I felt that this was a good attempt to try and come up to some solution for everybody. And when I walked in, I didn't have any problems with it at all. The only thing I was going to say was that you would keep the navigational width and depth that Seagate has always had to get their boats in and out. And I'm really, really concerned that they'd be allowed to continue to use their boats. I understand where they're coming from. And I don't think Pelican Bay is trying to stop them from using their boats. I hear the concern, but I don't think they're trying to do that. I think that -- this is of course my own interpretation, and I always take the positive side of things, but I think that maybe if they could put something in this today to say motorized boating will never be prevented, if we pass something like that today, that would make it pretty firm that their motorized boats can still go in and out. Because we're passing it at this level and it's a very legal thing at this level. So maybe that would be something that we could consider. CHAIRMAN COYLE: It really isn't legally enforceable. The next Board can change it. Any Board can change it. In fact, this -- COMMISSIONER FIALA: Well, you stay in office all along Page 137 January 10, 2012 then for the next 10 years. COMMISSIONER COLETTA: Stay as the chair. CHAIRMAN COYLE: But that's the problem. There has been no legally enforceable decision which will provide the Seagate people more comfort. And not only that, but this resolution is going back and changing a record. Changing an official record to remove something that would serve to undermine Seagate's ability to challenge this legally. COMMISSIONER FIALA: And this is what it's all about, isn't it? What it's really all about is can these people in Seagate continue to use their boats on the water? Isn't it? They don't want to lose that privilege of being able to get their boats in and out because it makes them a boating community rather than a canoeing community, and that's what their concerned with. And I think that -- you know, we keep using these markers and so forth, but that's really the basis of the whole thing is to be able to continue to use your boats. MS. RODGERS: Safely. Safely. That's why you need -- I'm not supposed to be talking. CHAIRMAN COYLE: Not yet. Not yet. You get Mr. Feldhaus's remaining six minutes. COMMISSIONER FIALA: So those are just my concerns. I really would love to do something to protect both sides. Well, that's the way I always go. That's all. Thank you. CHAIRMAN COYLE: Commissioner Henning, were you or Commissioner Coletta next? COMMISSIONER COLETTA: I'm before. CHAIRMAN COYLE: Okay, Commissioner Coletta, go ahead. COMMISSIONER COLETTA: Yeah. And Commissioner Fiala, I do agree with you too. Somewheres along the line, even though the scope of our authority is limited to our time in office, a future commission can turn everything upside down. We all know Page 138 January 10, 2012 that. I'll tell you, Commissioner Coyle, you made an extremely compelling argument just a few moments ago. And I do have to ask some questions. I'll ask the County Attorney. Changing records, like we're attempting to do, is it morally wrong? Is this something that's a normal course of events? Exactly what is the terminology for it? And is it a normal practice? MR. KLATZKOW: Well, one, this is not coming from me, it is not coming from your staff, okay. Understand that. What you're doing is you have an existing permit. It expired, but you have an existing permit. That permit had a condition in it. The permit also has language in it that Board of County Commissioners can amend the permit if it deems fit. What you in essence are doing is you're not really changing the record, but after the permit has expired, you're changing the language to remove this requirement. And they believe that that will enhance their chances in the lawsuit, all right? The other way you can do it is simply give a firm Board direction that we do not want navigational markers within the channel, just canoe markers. I think that does the same thing. They disagree. They believe that it would be better for the lawsuit to amend the permit in essence after the fact. And I guess we'll see. I mean, I'm not sure how a judge is going to look at this. I mean, some people might look at this as a little distasteful, quite frankly. COMMISSIONER COLETTA: You want to use some of your six minutes? Go ahead. MR. FELDHAUS: Just one, to say that the permit by itself authorizes the implementation of this management plan. Throughout the management plan, and that's what it is, it's a dynamic document, it's going to be changed. It was changed multiple times. It was -- you look and see how wide the pass is, do you need to dredge this wide or that wide? Do you have water quality problems? It anticipates changes. It says probably 10 or 15 times that it's going to be changed as it's being implemented. That's what we're talking about doing. Page 139 January 10, 2012 This isn't an attempt to do something that's dishonest. And in fact I argue that what you did in June was in effect to change the plan. You went in and said, want to let you make sure, want to tell you what it is we want to have installed out there. We want to have installed canoe trail markers. And that's -- it was living plan for the management of Clam Bay. This isn't -- it's not fun and games. This isn't a funny move. It isn't attempted to be an attempt to be dishonest, immoral or anything else. It's to do what you've instructed to be done out there, which is put canoe trail markers. And by the way, you, in Ordinance 96 -16, you have instructed that motorized boats can be used in Clam Bay. And that is the law of Clam Bay, Commissioner Henning. And I think you don't need to emphasize it. If you do, we will support you in that effort. COMMISSIONER COLETTA: I remember the discussion we had, and I was very supportive at the time as far as the informational what's allowed to be posted out there. I thought we gave clear and concise directions. And it's very concerning with the fact they haven't been followed. MR. FELDHAUS: Now, we have to get -- we have to go through a permitting process. We had to get Fish and Wildlife, we had to go through that entire process. We intend to put the word motorized in those areas that you ask us to put it in. I guarantee you that they will be out there as per your instructions. COMMISSIONER COLETTA: And these are the informational MR. FELDHAUS: They go on either side of the pass -- COMMISSIONER COLETTA: We're talking about when you come in different parks. MR. FELDHAUS: Yes, that will be in our -- that's the Foundation's launch site. There will be one there and there will be one on each side of the pass. That's what you requested and that's what we Page 140 January 10, 2012 agreed to. There's no desire -- COMMISSIONER COLETTA: What do you recall? MR. OCHS: I recall the same thing, sir. Additionally, the staff indicated we will put another one indicating that motorized vessels are allowed in that waterway at the entrance off the boardwalk at Clam Pass Beach Park, which you -- as you enter the beach -- COMMISSIONER COLETTA: Very good, that's where we're going. I was trying to fill that piece back in. So it's the county that's making the commitment on that. When will that be done? MR. OCHS: You have jurisdiction over those signs. You don't have jurisdiction over the signs in the waterway or over the bridges, and that's why we have to get these permits -- COMMISSIONER COLETTA: You brought up about the signs going in the park. No, you didn't. Okay, well, I'm bringing it up. So we were in that mode where we're going to be putting them in place. MR. OCHS: Yes, sir. But we wanted to mobilize and install them all at one time. And as Mr. Feldhaus indicated, until you get the permit from all the regulatory agencies, we can't install the signs. COMMISSIONER COLETTA: One last issue. You say that we have -- already have in place ordinances that recognize the right of people to be able to have motor boats within that Clam Pass waters. MR. OCHS: I don't recall the ordinance specifically Mr. Feldhaus is referring to but I know that you do have an ordinance that establishes a no wake zone in that area. MR. FELDHAUS: I think it's Ordinance 96 -16. Again, the County Attorney can look at it. And if you want to enhance the clarity of that right, we will support you. We have no problem with appropriate motorized boats in Clam Bay, none. We are not the enemy of Seagate. COMMISSIONER COLETTA: When you say appropriate, what does that word mean? Page 141 January 10, 2012 MR. FELDHAUS: I don't want an 80 -foot yacht out there. What the conditions allow. You know, in some places up there you can only take a little electric motor for fishing. It's whatever the conditions allow we support. COMMISSIONER COLETTA: Thank you. MR. ROGERS : You said equal time. CHAIRMAN COYLE: Yeah, but I need to get rid of some Commissioners here first. Well, that's not proper -- that's not the proper term. I've got to give the Commissioners an opportunity to speak, okay. Commissioner Henning is next. COMMISSIONER HENNING: I'm going to wait for public comment. CHAIRMAN COYLE: Okay, and I will once again make the statement that a resolution, an ordinance, a sign can be changed at the whim of another group of Commissioners, or by these Commissioners. It is not a guarantee of anything. It does not solidify anyone's rights to anything. And the only way you're going to get that is from a court. MR. KLATZKOW: You can do an agreed order with the court, I mean. If everybody gets on the same page, that would do it. CHAIRMAN COYLE: That would be refreshing. But if we can't get them on the same page, we've been trying for a decade. MR. KLATZKOW: I don't think you will. Because I think the issue is dredging. I've always thought that was the issue here. But we'll see. CHAIRMAN COYLE: It changes, depending upon which argument you want to try to make. But nevertheless. Commissioner Hiller. COMMISSIONER HILLER: Yeah, to address what is being discussed today, it is not an amendment to the plan, it is a clarification of what appears to be ambiguous wording based on the debate in the minds of some, although it doesn't seem to be ambiguous in the minds Page 142 January 10, 2012 of the majority. And the reason I say that is because as a result of the decision of this Board to put in these canoe trail markers and informational signs, the FWC has determined that the signs are compliant with the intent of the management plan and the permits, both of which are still open. It's my understanding that the Coast Guard has said the same, as has the Army Corps. So -- and DEP, for that matter. So all agencies, all permitting agencies have deemed that the markers that are going to be installed as requested and approved by this Board satisfy the requirements of the management plan. And Mr. Feldhaus is correct, this management plan is a living document and is subject to amendment at any point in time. And Commissioner Coyle is correct, that any action that the Board takes is subject to change by this Board or by a subsequent Board at any time. The one thing that is certain is that both the residents of Seagate, the residents of Collier County and the residents of Pelican Bay all have riparian rights to the body of water known as Clam Bay. And this Board cannot take it away. Pelican Bay cannot take those rights away. Seagate can't take those rights away. Those are a given. And there is no marker that is going to add to or take away from those riparian rights. As far as safety goes, and I know you brought up the issue of safety, Fish and Wildlife has made it very clear that there is no safety issue in Clam Bay. There is no history of hazards, there is no history of accidents, injuries, deaths. They will not mark a channel in the absence of clear evidence that there are safety concerns. And that's clear. I mean, they said that to us in our public meeting, the channel will not be marked, there is no evidence of any safety issue. So the intent of the plan was to provide informational markers. The canoe markers are informational markers. The signs that provide that motorists and boaters and canoers can all use those waterways are informational waters -- I'm sorry, are information signs, and the Page 143 January 10, 2012 requirements of the management plan and both permits have been satisfied as a result. There is no agency that is objecting to that. And we as a Board made that determination. That was our vote. CHAIRMAN COYLE: Okay, Mr. Rodgers, you've got three minutes. MR. ROGERS : I don't get however many he had? CHAIRMAN COYLE: No. If we do that we're going to be here all night. MR. ROGERS: If what Commissioner Hiller just told you is true, you don't need to take any action. We will lose that lawsuit on summary judgment. If you believe what she just told you. But no offense, almost everything she just stated is inaccurate. The intent of this plan was to restore the mangroves. A group got together because there was a mangrove die -off in two bays to the north of where our bay is, Clam Bay. At that time there was actions taken to take away any motorized boating in Clam Bay. The residents of Seagate came and said, wait a minute we've been motorized boating here forever, you need to do something for us. What's the easiest way to address that issue that doesn't hurt anyone? What's the easiest way? You put in Coast Guard approved markers. Fish and Wildlife doesn't mark navigable channels. That's just made up stuff that you're being told. The point of the markers was to mark the channel for environmental reasons, for safety reasons and to ensure the long term navigational rights of Seagate. Riparian rights like easements are infringed upon every day. They're infringed upon. There are things you can do to infringe upon those rights. They were infringed upon when they put in no wake ordinance. But Seagate agreed to that. All of this was worked out. All this conversation happened back in 1998. And the resolution was dig all these hand dug canals, all these channels to force the tidal prism north to save the mangroves, which changes the character and ability to use the estuary. Basically our bay is silting in. That's what's Page 144 January 10, 2012 happening, it's getting more shallow. So what they came to resolve the issue is, hey, put in Coast Guard approved markers which leave Seagate out and you're done. It's ridiculous to put canoe markers. They don't want them. We don't want them. It makes no sense. You have canoe markers in a serpentine path going in a navigable channel and then they stop when you get to the pass where the interaction between swimmers, kayakers and canoers takes place, where the danger arises. And notwithstanding her position, many of our residents have had confrontations with residents of Pelican Bay in that pass. It's good no one got hurt. And let's hope it continues that way. But if you put the red and green markers, and I've got to throw this out, we started with, and Mr. McAlpin can confirm this, a plan for 28 poles. Then Seagate compromised to 21 poles. Then to something like 16 poles. Then to 13 poles, because I was on the committee. Then to three poles and nine buoys. How is that going to hurt anybody? Anybody. And this issue is done. We don't go to court, you don't spend the money. Finally, your resolution is going to unilaterally amend an Army Corps of Engineers permit? That's what you're being told. That is not going to happen. There's no way. I can tell you how a judge is going to look at that. He's going to find this so repugnant, and I'm quite surprised that you all don't. Let the facts play out, let them rely on what they told you before and let us go to court, and whoever wins, wins. Thank you. CHAIRMAN COYLE: Thank you. Okay, all in -- there's a motion by Commissioner Hiller that was, I believe, seconded by Commissioner Henning, but Commissioner Henning wanted to make an addition to that motion; is that correct, Commissioner Henning? COMMISSIONER HENNING: And I did. CHAIRMAN COYLE: And you did. Page 145 January 10, 2012 COMMISSIONER FIALA: Could you repeat the motion, please. CHAIRMAN COYLE: Go ahead and repeat the motion, Commissioner Hiller. COMMISSIONER HILLER: That we approve the Pelican Bay Services Division resolution and recognize the interpretation of the wording in the management plan as reflected in the resolution presented by the Pelican Bay Services Division and take any action necessary with -- you know, through the County Attorney with -- and Coastal Zone Management with any of the agencies to ensure that the clarification -- and this is not an amendment but rather a clarification -- to that wording is on notice with them. CHAIRMAN COYLE: Okay. Commissioner Hiller -- COMMISSIONER HILLER: And as I said, has been -- and really, this is nothing more than a clarification, because we have already voted accordingly, historically when we voted to put those markers in. And the agencies recognized that what we have done is in fact correct. CHAIRMAN COYLE: Here's the problem I need to get clarified. If we're voting on something to approve it but we don't have specific language that we're approving, it seems to me that the only way we can deal with this is to bring it back. COMMISSIONER HILLER: No, the specific language, and we're not going to bring it back, we're going to vote on it today. And what we're going to vote on is to accept the resolution in its entirety, as presented by PBSD. By the way, I just want to compliment PBSD. I think the resolution was very well articulated. It correctly stated all the facts. And it gave a very succinct corroborated history of where we are today. And to additionally recognize that the interpretation of the management plan as part of both open permits is as described in that PBSD resolution. And that is an actionable item. And I would ask Page 146 January 10, 2012 that you call the vote. CHAIRMAN COYLE: Okay. Then the vote is to approve the PBSD -- COMMISSIONER HILLER: And to accept the interpretation of the management plan as it relates to this specific issue as to the sentence that seems to have ambiguous interpretation, to eliminate that ambiguity, and for the interpretation to be as provided for in the PBSD resolution. CHAIRMAN COYLE: Okay, but that is redundant. That's what the Pelican Bay Services Division resolution says, is to remove that reference to markers. So would it be accurate to say that your motion is to approve the resolution as it stands in our agenda? COMMISSIONER HILLER: And to amend or if needed the management plan so that the wording properly reflects what the intent of the Board and the PBSD has been all along. CHAIRMAN COYLE: Isn't that what the resolution says? COMMISSIONER HENNING: May I help? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HENNING: The amendment to it was to direct the County Attorney to look at previous Board's action to recognize Seagate's motorized craft use on Clam Bay. That was the amendment to your motion. CHAIRMAN COYLE: That's right. COMMISSIONER HILLER: That's your amendment to add to my motion. CHAIRMAN COYLE: But you didn't mention that amendment. COMMISSIONER HILLER: No, I said I recognized his amendment -- COMMISSIONER HENNING: Right, you did. COMMISSIONER HILLER: -- in addition. I'm just not repeating it. I don't want to put words in his mouth. I just respect whatever you say. Page 147 January 10, 2012 I'm not eliminating what you're saying and saying what I'm saying, I just am trying to repeatedly in 25 different versions clarify what I have said from the beginning for the benefit of Commissioner Coyle so he has the ability to vote on it. COMMISSIONER FIALA: And I had three fast questions, so I'm just going to -- just before you call that vote. The first one, I was just going to mention that. But then that's done and I'm glad that's included. I was going to ask that the people who have -- it was mentioned here that people are jeering and harassing some of the boaters. I would ask that you please don't do that anymore. If you know anybody who does that -- you might not, I don't know. But if you ever do, you know, just suggest to them please not to do that. And the last thing is we were talking about signs, and Leo said that we couldn't -- it's better if we install -- or maybe it was Gary, put all the signs in at the same time. Maybe we could put the land signs in now just to get those in. And that's just a county thing, we don't have to wait for approval for the permitting agencies, because sometimes that takes years. COMMISSIONER HILLER: I'll add that to my motion. I think that's a really great suggestion, get those county signs in that, you know, recognize that swimmers, canoers and motorized boaters all need to live harmoniously. I want to add one last thing and that is the court will never substitute its judgment for the Board's discretion or the Board's right to make decisions as to what it wants to do with respect to a certain matter. We were not required by the state to put in those kind of markers. It was a recommendation in our plan to put in those informational markers. And the real reason you have those informational markers, as explained by Mr. Moreau from FWC, is to basically keep the canoe -- it's an unintended benefit, it's not a direct result. But it's the unintended positive benefit of keeping canoers to Page 148 January 10, 2012 one side, motorized boats to the other and swimmers in their own lane. So, you know, it certainly accomplishes what our objectives are as a Board. CHAIRMAN COYLE: Okay, Commissioner Henning. COMMISSIONER HENNING: You can't keep -- there's not a need to keep motorized vessels separate from canoers or kayakers, because it's a no wake zone. COMMISSIONER HILLER: But what I'm saying, it's an unin -- what Mr. Moreau explained from Fish and Wildlife in our public meeting is that it's the unintended benefit that canoes know this is the way to go. So motorized boats know canoes are over here and they can proceed over here. COMMISSIONER HENNING: Right. But it's such a small area. I was just out there Sunday. It's such a small area where the markers are. And you have to follow the markers because it's very shallow out there. If Mr. Rodgers, what he stated is the understanding of the Seagate, this all started when the black mangroves were dying off in there and the intent by some to stop the rights. I think we need to take action to recognize the rights and somehow codify it, whether it be through the permit or some other third party agency. COMMISSIONER HILLER: Well, their rights are their legal rights. CHAIRMAN COYLE: Commissioner Hiller, that's -- and that is exactly the point. If we approve this, we accomplish nothing. You don't convey any rights to anybody for anything. Seagate will still have to go to court to get some interpretation of all this. So you accomplish nothing by approving this resolution. So the only way this will ever be resolved is in a court of law. Putting it in a resolution, putting it in an ordinance accomplishes absolutely nothing because those things are valid only until a different group of Commissioners gets here and they change their mind. So it starts all over again. Page 149 January 10, 2012 COMMISSIONER HILLER: I'd like to call the vote. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: All those opposed by like sign? Aye. So it passes 4 -1 with Commissioner Coyle in opposition. Okay. Let's go to which item now, County Manager? Item # 13A 1 AIRPORT GROUND VEHICLE ACCESS PLAN FOR THE IMMOKALEE REGIONAL AIRPORT - CONTINUE TO A FUTURE BCC MEETING WITH A PROPERLY DEVELOPED PLAN THAT HAS BEEN REVIEWED BY ALL REQUIRED AGENCIES — APPROVED MR. OCHS: Sir, you had a 2:00 p.m. time certain on the two Airport Authority items on your agenda. Those are items 13.A.1 and two. 13.A1 is a recommendation that the Board of County Commissioners acting as the Airport Authority adopts the attached airport ground vehicle access plan for the Immokalee Regional Airport. Mr. Curry is here to present, sir. MR. CURRY: Good afternoon, Commissioners, Chris Curry, Executive Director, Collier County Airport Authority. And joining me is Thomas Vergo, the Airport Manager at Immokalee. What you have before you is the access plan for the Immokalee Airport. It is a recommendation by the FAA that all airports have such plan. The airport has never had one. So this is the start of a plan Page 150 January 10, 2012 to make the airport a little bit more secure and to detail some of the finer points for operations in and around the airport area. COMMISSIONER HILLER: May I, Commissioner Coyle? CHAIRMAN COYLE: That's all you're going to say? I mean, you don't have a presentation to go through anything? MR. CURRY: No, there's no presentation. Myself and Tom Vergo is here to answer any questions that you may have. CHAIRMAN COYLE: How many public speakers do we have? MR. MITCHELL: Sir, you have seven speakers. CHAIRMAN COYLE: Okay, Commissioner Hiller, go ahead. COMMISSIONER HILLER: Thank you. You know, I'm very glad, Chris, that you're moving in the direction of coming up with some security protocol with respect to the airport. However, from what I've determined through my research, it can't be done in the manner in which its being proposed. We can't arbitrarily go and pick, you know, some sample vehicle access plan, which is in fact part of the security plan and say, oh, we're going to use this for the Immokalee Airport. And we can't have the Airport Advisory Board sit there and say, oh, yeah, we think that's a good idea or no, we don't, and then this Board just say yes, and then all of a sudden that's it. That's not the way it works. In fact, the guidelines for setting up security plans, which includes vehicle access plans, is very strict. There are two governing bodies of law that direct how that's supposed to be done, and in fact FDOT is in the process of sending those to me. And FDOT actually has to approve your plan. I went ahead and I pulled -- because I had a concern that you called Boulder, Colorado as the model, if you will, to develop this, since that's not really a comparable airport at all. You know, we are in Florida. And so what I did is I started looking to other airports in Florida that either didn't have a tower or didn't have an active tower and that had recently adopted security plans that included the vehicle Page 151 January 10, 2012 access component. And found that Sebring is probably most closely related to what we have to consider here. I was able to get as copy of Sebring's security plan. And it is a confidential document. It is restricted information. And I was also as a result of my communications with their airport officials, I was able to secure access for you and for the Commissioners and our staff and the Sheriff s office to study this plan as a starting point for an overall security plan. And the component for vehicle access in there is readily reviewable by you. MOT has to approve what you're proposing. You can't just sit here and have this Board say, yeah, we're going to do it, and be done with it. It's not going to work that way. So this is a very serious matter. I've told you from the beginning that I had very serious concerns about security. I continue to have serious concerns about security. The Sheriff needs to be involved. He has to have the opportunity to review it because he has to have the ability to enforce it. That's what they did in Sebring. I've already taken the liberty of sending what I received from Sebring to Chief Bloom of the Sheriffs office. So I would ask that rather than us vote on this matter, that this matter be continued, that you review this information. And I have really great news for you, and the timing is opportune, so I commend you for bringing it forward now. I believe, starting January 12th, MOT actually has a security training program which you can take online which would allow you to learn how to implement and train security protocols in your airport. And it's going to be featured three days, like January 12th and then I forget the other two days. But I can get those specifics for you, I've already requested the information. So I would like to make a motion that we continue this, and that I will give you everything I have and that you review it, and that when you develop the protocols that they be properly handled. Because again, my understanding is, you know, these are, first of all, procedures that have to be approved by FDOT, and secondly, are only Page 152 January 10, 2012 to a limited degree public information. So -- and the vehicle access plan would be a component of that. So as I said, that's my motion. I'd like to make that motion. And I'd like to ask someone to second it. CHAIRMAN COYLE: Okay, the motion dies for lack of a second. COMMISSIONER HENNING: Wait a minute, wait a minute. COMMISSIONER FIALA: I'll second it. COMMISSIONER HILLER: And I have -- and like I said before, I can't, because we can't give this to the public, I have everything here for all of you and I'll make sure everything is available to you, to Leo, and to the County Attorney and to the Sheriff. But it is limited distribution because it is a security document. CHAIRMAN COYLE: Okay. Commissioner Henning, go ahead. COMMISSIONER HENNING: You want to continue it and provide more -- COMMISSIONER HILLER: Right. And then -- COMMISSIONER HENNING: But I would like to -- COMMISSIONER HILLER: And it, you know, goes through the FDOT training on security, develop the plan properly, coordinate that, you know, all the protocols with respect to vehicles and access is okay with the Sheriff. Matches -- that it conforms to the requirements of the law. Because like I said, there are two like major bodies of law, I guess, I suppose they are law, that basically state how this is all supposed to be done. The way we are doing it is not the proper way of handling this issue. COMMISSIONER HENNING: I think there needs to be communications with the users out in Immokalee prior to coming to the Board. COMMISSIONER HILLER: That too. That makes sense. Page 153 January 10, 2012 Oh, and I'm -- can I just build on what you just said. Not to interrupt you, but I do want to say I did address that when I actually spoke -- because I spoke both to FDOT and to Sebring. And, for example, Sebring, from the standpoint of the users, they have -- they're developing a different protocol for access to T- hangars. But what they're doing with their fence is they basically have their businesses outside of the fence except for the T- hangars. And they have a separate protocol that in fact they're in the process of developing for access to the T- hangars, because that's a unique situation. But otherwise what they do is they basically, you know, fence it in such a way that it minimizes the adverse impact to economic development at the airport facility. COMMISSIONER HENNING: I have a question for Mr. Curry. When will we see the Everglades and Marco Island vehicle access plan? MR. CURRY: Well, I think if we can ever get past this plan then we'll move on to the other airports. We just started at Immokalee because that was the one that needed the most attention. So it will follow in some sequence at some later time. COMMISSIONER HENNING: The -- under this plan, how would airboats fuel at the -- with this plan in place? Do you have airboats that fuel -- go get aviation fuel? MR. VERGO: Currently right now we're working with the airboaters that had access after hours. We're encouraging them to come during business hours only. The fence, we have a gate right next to our building that we're able to control remotely for access. And then the ones that cannot come during business hours will go through the same process that our tenants go through and have separate passes that give them access only to the tanks. MR. CURRY: We have also considered the fact of outlining certain days that may be workable for them after hours somewhat and we could just adjust the scheduling accordingly. Let's say if it was, Page 154 January 10, 2012 you know, chosen as a Monday or Wednesday, we could adjust the schedule of one person so that they could be around to properly escort and watch them as they fuel. MR. MITCHELL: Excuse me, Commissioners, could the speakers just identify themselves for the court reporter. CHAIRMAN COYLE: Sure. MR. VERGO: Thomas Vergo, Airport Manager. V- E- R -G -O. CHAIRMAN COYLE: Do you not want to hear from the public speakers before you take a vote on this, Commissioners? COMMISSIONER HENNING: No. Not if we're continuing it. COMMISSIONER HILLER: No. I think we should continue it and bring this back with a properly developed plan that, you know, properly addresses -- that, one, conforms with the law and has been properly approved. CHAIRMAN COYLE: How many airports have you managed, Commissioner Hiller? COMMISSIONER HILLER: Well, it's not a question of managing airports, Commissioner Coyle. But it is a question of doing due diligence and talking to whoever is responsible to oversee these issues. And again, this is subject to approval by FDOT, and there are guidelines. CHAIRMAN COYLE: And we don't want anything approved by FDOT that we haven't seen, right? COMMISSIONER HILLER: Right. But we have to -- I'm sure Mr. Curry doesn't know the documents he's supposed to rely on to develop this. And I'm sure he hasn't taken the security training course that FDOT is developing. CHAIRMAN COYLE: Well, let's take some of the operating requirements here. Is there anything wrong with having a proof of automobile insurance? Is there anything wrong with having proof of current vehicle registration? Is there anything wrong with having an access application filled out by people who want access to the airport? Page 155 January 10, 2012 Anything wrong with having them display the permit in their vehicle? What is it that you think is wrong about the vehicle access plan? COMMISSIONER HILLER: I am not going to critique a plan where I haven't studied what the legal requirements are as provided by the State of Florida and the FAA. I'm going to say that it needs to be prepared in accordance with those laws subject to a review and a determination that it is complete and accurate as it needs to be. To do this haphazard -- you know, to pull a plan from Colorado -- if I look at the Sebring plan, the Sebring plan as far as vehicle access goes doesn't provide the same thing that Mr. Curry is proposing. So -- CHAIRMAN COYLE: You don't have to have it the same way. I'm just trying to -- you're telling us that Mr. Curry is not qualified to make the plan, you're telling us that it is not in accordance with -- COMMISSIONER HENNING: I'm going to call the motion -- COMMISSIONER HILLER: No, I absolutely didn't say that -- CHAIRMAN COYLE: You're not calling anything -- COMMISSIONER HENNING: Yeah, I am, because all this is is an argument between the two Board members -- COMMISSIONER HILLER: Absolutely. And you're putting words in my mouth, Mr. Coyle -- COMMISSIONER HENNING: -- I'm calling the motion. CHAIRMAN COYLE: We can have her read it back, if you like. COMMISSIONER HILLER: Sure. I'm going to call it too. CHAIRMAN COYLE: If you want to delay it, the Board has to understand that if you have an accident because you don't -- have not taken prompt action to resolve safety issues or perceived safety issues and you don't have a proper vehicle operating permit, you're exposing the taxpayers of Collier County to substantial liability. And I have taken the time to review -- COMMISSIONER HILLER: How long have you been a Commissioner? Page 156 January 10, 2012 CHAIRMAN COYLE: I've been a Commissioner a long time. COMMISSIONER HILLER: How long? COMMISSIONER COYLE: At least 10 years. COMMISSIONER HILLER: Right. And in 10 years you haven't done this? CHAIRMAN COYLE: No, haven't done it. COMMISSIONER HILLER: Well, you know what, it needs to be done properly. And the reason it's being done is because I have repeatedly called for a security plan for our airports where there is no security. I'm calling the question. CHAIRMAN COYLE: And the point is that if you want to delay it, that's all you're doing is delaying it. COMMISSIONER HILLER: I want it done right. CHAIRMAN COYLE: You wouldn't know if it was done right one way or the other -- COMMISSIONER HILLER: Calling the question. CHAIRMAN COYLE: Okay, go ahead, Commissioner Coletta. COMMISSIONER COLETTA: No offense, it's just that calling the question and everything, everybody else speaks and they want to call the question. Mr. Curry, if you would, please, what is your experience in this particular direction? MR. CURRY: I've done several of these. This document is internal to operating within the boundaries of the Immokalee Regional Airport. I have no clue what a lot of Commissioner Hiller is talking about. I don't have a problem delaying the document to gather more information and truly research all the things that she has mentioned today. I would appreciate if she would write them down and please send them to me so I can verify them because -- COMMISSIONER HILLER: We're actually sending you the whole package -- Page 157 January 10, 2012 MR. CURRY: -- you know, even what you look at as comparable airport, I'm not sure you have the expertise to know what a comparable airport is. But I will delay it to get more information, but not because I agree with a lot of things that was stated by Commissioner Hiller. So we have no problem with that. But this is an internal document for the familiarization, issuing passes, how you navigate in and around the Immokalee Airport only. Simply. COMMISSIONER COLETTA: Thank you, sir. CHAIRMAN COYLE: Commissioner Fiala. COMMISSIONER FIALA: The reason I had my button on was I thought everything you put together was good, I mean, because you've got to start someplace with coming up with a safety plan. But the reason I seconded Commissioner Hiller's motion is I think it's a good idea to search others as well because, you know, you have a lot of opposition at that airport to a lot of things that you do. And this way you'll have in writing from other airports what they've done and it gives you some support and everybody else can see it as well. So I think it's a good thing. If you need some security measures right now, you know, I think you could put those in place. But I think a good vehicle access plan, a security plan for the future would be good to go out and get a complete look at others, not all airports, but, you know, just some that compare, and then you can come back and that will help other people at the airport accept your plan because they can see it's done other places. MR. CURRY: Well, the security plan for the airport has just recently been approved by FDOT. The security plan has. The vehicle access plan, as far as I know, has nothing to do with an FDOT approval. It's an internal document for how we will control the inner operations of the airport. Commissioner Hiller may be confused with Page 158 January 10, 2012 the security plan. Maybe she is, maybe she's not. But again, this is strictly internal to Immokalee. And what we do when we typically look at rules and regulations, minimum standards, those are basically industry standard type of documents. And then you take parts of it and you tailor it to your specific airport. So if you look around at multiple airports, you'll see some of the same common language used over and over. And it's basically industry standard language. This is not a complicated document. COMMISSIONER FIALA: Right, right, that's what I like. It was pretty basic. For instance, having a valid driver's license. Well, my goodness, I would hope you would have one of those, you know, things like that. But anyway, so I think that you can put a basic plan together for your people until we discuss it at another meeting and come up with a broader plan, but -- you know, based on other people's airports as well. But I think a basic plan for vehicle access would be good. COMMISSIONER COLETTA: Suggestion? CHAIRMAN COYLE: Yeah, go ahead, Commissioner Coletta. COMMISSIONER COLETTA: You know, we can play with this thing here for weeks on end, keep bringing it back for revisions and revisals. We want to make sure that the users understand what it is. But the truth of the matter is in the past there was just about a total lack of security. Now there is some securities being put in place. I think what we need to do is, one, defeat this motion. Two, be able to hear what the tenants have as far as their issues with the plan that's coming before us today. And then three, if we need to modify this plan or a part of it, or maybe even send it back at that point in time with some clearer direction, then let's move forward. COMMISSIONER FIALA: I'd like to hear what they have to say too. MR. CURRY: Let me just add one thing. Yesterday it was put before the Airport Advisory Board. It was passed unanimously except Page 159 January 10, 2012 for one particular issue that had to do with how to get the chemical trucks to Mr. Fletcher without providing an escort. And the recommendation was that Airport Authority, Mr. Fletcher and Skip Camp would get together and determine a solution for that one particular item. But outside of that, the plan passed the Airport Advisory Board unanimously. COMMISSIONER COLETTA: That sounds like a good direction. CHAIRMAN COYLE: We do have a motion on the floor. And I also think we should defeat it. The way to deal with this is to deal with specifics. Vague generalizations and accusations about inadequacies are meaningless. And you go through this thing and you say, does that make sense? Yeah. I have been into a lot of airports and I have to tell you, this is pretty much standard stuff. You can argue about whether or not it's appropriate for Immokalee, and if it's not, give us some reasons. Tell us what is inappropriate for Immokalee. That's the way to get this thing ironed out. You can't just say it's all bad, you don't know what you're doing and so we need to send you back to the drawing board. So I would like to hear from the public speakers too to find out what they think is wrong with this plan. COMMISSIONER COLETTA: What about the motion? CHAIRMAN COYLE: Motion, I'll call the motion. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Before listening to the speakers? CHAIRMAN COYLE: That's what everybody's been saying, call the motion. Commissioner Henning and Commissioner Hiller want the motion called. So let's, let's -- COMMISSIONER HILLER: Commissioner Fiala would like to listen to the speakers. So I'm happy to listen to them first too. CHAIRMAN COYLE: Let's call the first speaker. Page 160 January 10, 2012 MR. MITCHELL: I will be using both podiums. The first speaker is Tim Nance, and he'll be followed by Marvin Courtright. MR. NANCE: Mr. Chairman, Tim Nance. I want to speak a little bit about the adoption of regulations at the time and the negative impact that it might have on certain tenants, particularly Steven Fletcher of Fletcher Flying Service. Fletcher Flying Service is a valuable business for Collier County. It deals with specialized equipment and pilots. It's a community asset in two important ways. The first one is an agri- business, because they're major applicators of pest control products and they've been directly involved with the development of control measures for citrus greening disease, which is a major threat. It's my understanding that they apply somewhere between 400,000 and 500,000 acres of citrus applications in each annual year. Secondly, they are very valuable for public safety. They are certified fire flyers. They have wide experience in Florida and throughout the United States. They've worked on important fires such as the Slope fire in Golden Gate Estates last year, applying fire suppressants by air. This capability of theirs is going to be extremely important this coming year because of the absence of State of Florida forestry helicopter due to funding losses for the current season. They're probably going to be the only people that can help us if we get a serious fire. Regarding passing of regulations at this time, I think there are significant management problems at the Immokalee Airport that impact not only Fletcher Flying Service but other tenants and their ability to work and provide services, especially specialty services such as the things they do. I think the problems with the management at the airport center on heavy- handed managers and management practices. They're not business friendly. I think they're either incapable or unwilling to deal with anything other than routine small aircraft business. But the most problematic I think is there is a history of Page 161 January 10, 2012 selective enforcement in application of regulations. And I think that's very egregious with things such as aviation where regulations are very important. The net effect is I believe the Immokalee Airport is becoming increasingly dysfunctional and undesirable from the business and tenant point of view. The reason that I have been looking into the situation is because the Airport Authority really hasn't. And I believe there's been a failure of the Airport Authority to recognize and address the management problems and the fact that they need to address those before they pass any further regulations. Currently if they don't exercise caution, additional regulations can only hurt ag. business, public safety, the development of the Immokalee Airport and the credibility of the government. I urge you to do a wider investigation on regulations and how they are to be managed before you pass any further measures, thank you. MR. MITCHELL: Mr. Courtright will be followed by Tim Willis. MR. COURTRIGHT: For the record, Marvin Courtright, a resident of Naples, but I'm in Immokalee all the time. I have been operating off of Naples Airport, Naples Air Center, and I've been in and out of all these airports. My entire life has been aviation. We have a problem in Immokalee. I would like to endorse the gentleman who just spoke. He laid it on the line, he identified the problems. We do and would like to have a valid security system at the airport. I want to call your attention to something. I don't know how many years they've been there, but the Sheriffs Department has the only decent facility in the airport that could support a flight operation. I don't know how long they've had it, but it's the ICE program. And parked right outside their building right now is 11 cars, unidentified law enforcement cars. Are we going to force them to have a pass to get in with these cars? Are we going to recognize all their cars? Page 162 January 10, 2012 There's more to this airport than is meeting the eye. Why are we wanting to run people off the airport? Why are we shutting them down? Is it an attempt to turn the airport into an industrial complex? Is it a land acquisition program? There's something wrong. Thank you for what you said. That's all. MR. MITCHELL: Mr. Willis will be followed by Mike Klein. MR. WILLIS: Good afternoon. I'm Tim Willis with the McKinnon Corporation. We're a citrus grower in Collier County, also Hendry, Lake and Orange. Steve monthly sprays between three and 5,000 acres for me. If we get too restrictive on people they tend to move away. If Steve has to move, say to the Labelle Airport, my price per acre will go up about $5 per acre, which is minimum 15,000 and as much as $25,000 a month. I spoke to Mr. Vergo and Mr. Curry about working more with Steve Fletcher so we can make everything work. I don't see where that's happening yet. Communication needs to be broad or else the decisions you make, you're going to cost a lot of us a lot of money and could put some people out of business. Thank you. MR. MITCHELL: Mr. Klein will be followed by Pam Brown. MR. KLEIN: Mike Klein, from Everglades City. Please excuse my disheveled look. I actually came in for groceries. I didn't expect to stop by here, but I did. I'm also a member of the Collier County Airport Advisory Board, although I'm not here representing the Board, I'm just representing myself. As Chris pointed out, we did talk about this for quite some time. There was a lot of discussion about this plan. It is basically a boilerplate. I've seen it at other airports that I've flown into and that I've utilized. But we did have an issue at the end of the -- when it came to vote regarding Mr. Fletcher's access for his service vehicles, for his trucks and those sorts of things. And Chris agreed that that would be something that would be revisited. Page 163 January 10, 2012 And I think Commissioner Hiller's idea about delaying this until we can get a full functioning integrated program that's going to work for everybody -- and Chris has not just taken off -- and I must say in his defense, this is a working document. And I think this is a start to get -- should be included in some sort of comprehensive policy document for all of the airports, and I think we need to start somewhere. And Commissioner Coletta, we did have security out there when we had the Sheriffs cooperation at that time. So it never did -- was any lack of any security. And Commissioner Coyle, I'm sure you're aware of this being a pilot, Mr. Fletcher operates under Part 137, which has very specific rules for the aircraft, for the pilots, for how they operate, deviations from standards patterns. It's a serious business for him. And it supports a very important part of the Florida economic area, which is agriculture and citrus development. So I think it does require some further integration, study and definition to accommodate not only the security at the airport, to be included in a comprehensive document and to also help our current users who -- agricultural support. Thank you. MR. MITCHELL: Ms. Brown will be followed by Steve Fletcher. MS. BROWN: Good afternoon, Commissioners. My name is Pam Brown. I'm a lifelong citizen of Immokalee, Florida. I'm here today to speak on behalf of the airport ground vehicle operations program. After we had looked at this program, I actually did some research myself and looked at several different airports that were uncontrolled with no towers. I agree with Commissioner Hiller that the Sebring Airport would be a very good airport for everybody to look at. We're not questioning, I think, Mr. Curry's ability as a professional here, but I do think that this, Immokalee is a rural airport and maybe this is Page 164 January 10, 2012 something that he is not familiar with, or Mr. Vergo. I also did some further research about the Sebring Airport. They have 1770 acres of commerce parcels right now, and 1200 are still available. They're having an air event this weekend, January 12th through the 22nd. They're having a U.S. Sport Aviation EXPO that's having 20,000 visitors. They're having a pancake breakfast with a drive -in and a fly -in. So I would hope that the Commissioners would entertain looking at this further and doing some research before we put these ground -- the access program in place. Thank you. MR. MITCHELL: Mr. Fletcher will be followed by Kris Kulpa. MR. FLETCHER: Thank you, Commissioner. My name is Steve Fletcher. I own Fletcher Flying Service, and I've been here before, I guess. This new plan would impact me in a great way. We get our deliveries sometimes after hours and sometimes before hours. And we've had some instances in the past where the trucks did try to drive over to my hangar and they drove across the approach end of runway 3 -6. Since that time we've written letters to all the customers -- I mean all the chemical companies and made sure they were very aware of their position on the airport they couldn't pass. And then since that time one or two of the drivers has left the gate open. It's a couple hundred feet over to where they would pick up their semi trailers or their tanker trucks. And since that time we've left the gate open, I've made arrangements, we put a sign that the gate has to be closed upon entry and leaving. So I'm doing all I can to make sure that we keep the airport secure and not accessible by the general public. I've been there for 34 years and really never had any trouble until about the last year, and it seems to be coming in spades, I guess you might say. But I'd just like for you to hold this document and let me come, Page 165 January 10, 2012 talk to each one of you individually and tell you my concerns and see if we can work it into the -- into the program that it's easier for me to do business, because it gets harder every year to be in business anyway, especially in this economy, because orange juice is another commodity that they're not drinking as much of anymore, and the production is down on a lot of groves because of the greening. So I'd like to stay in business, and I'm afraid this program is going to make it even harder for me. COMMISSIONER HILLER: Can I ask a quick question? Can you explain what it is you do for the agricultural industry and specifically the orange groves that's so important? I heard what this gentleman was saying about you spraying for them, and that really worries me, because if you're the only sprayer they have and if they're dependent on you, and if what I'm hearing is is that these protocols are going to have the effect of impinging your ability to service them, then I'm really worried. Because the economic impact of cutting you off from being a provider becomes very, very significant, both in terms of dollars, in terms of jobs and in terms of an industry as a whole. And boy, would it ever be, you know, foolish of us as a Board at this time to do anything to hurt the ag. industry. So can you explain what it is you do and how it ties into what that gentleman said? MR. FLETCHER: I've got the largest single engine airplanes that are built today. They're the AT -802 Air Tractors. I have three. I lease one and I have two. And I guess we're the biggest citrus sprayer in the United States. We do more volume here in this part of the world than anywhere else. And also those airplanes also double as firefighting airplanes. I'm the only two carded airplanes that are government carded and certified by the government to do fires. We work interagency east of the Mississippi River. So we spray between four and 500,000 acres annually. Page 166 January 10, 2012 COMMISSIONER HILLER: What's the risk to the local industry if you were to stop spraying? Isn't there -- I had heard, and I'm not familiar with this as well as I should be, but I heard that there is a bacteria that is killing our groves. MR. FLETCHER: It's spread by an insect, the Asian citrus psyllid that was brought in about 10 years ago. And it would be devastating, you can -- if a grove gets a big amount of psyllids in it, and they pop up all the time, you can see it a month later in the grove. COMMISSIONER HILLER: And what's your role in that? How are you helping with that issue? MR. FLETCHER: We kill them. COMMISSIONER HILLER: You kill them. So without you the groves would die? MR. FLETCHER: Yes, ma'am. Well, they would certainly be -- it would certainly hasten their demise. COMMISSIONER HILLER: Well, I don't want to see that happen. MR. FLETCHER: No, I don't either. I've been there my whole life. I've watched most of those groves get planted, almost all these groves get planted, actually. So I've been spraying there for about 34 years. COMMISSIONER HILLER: Were you also involved in spraying when we had the fires in the Estates and -- MR. FLETCHER: Yes, ma'am, we worked on all the big fires we had in Florida last year. We worked on the Slope fire. And then one airplane was at the Big Cypress, I think that was the Jarhead fire, the big one they had. And then there was another one fire, the Old Pad fire and then the Monkey Palm fire. COMMISSIONER HILLER: Is there anyone besides you that does that? MR. FLETCHER: No. Not east of the Mississippi River. And Page 167 January 10, 2012 then when we finished those fires, I went in Texas and we worked on the fires and the Walker County fires, the big fires you heard in Texas. And then I came back from Texas and then I flew to Minnesota, there were some fires up on the border. I took my airplane up there and it was up on -- I forgot the name of the town we were at, up in northern Minnesota about several hundred feet from the Canada border, actually. Warroad, Minnesota. COMMISSIONER HILLER: You obviously provide two invaluable services to this community, both from a public safety standpoint and an economic development standpoint with respect to the agricultural industry. And I certainly would hate to see anything that we do impinge on your ability to service our community. It would disturb me greatly. CHAIRMAN COYLE: Commissioner Coletta. COMMISSIONER COLETTA: Steve, just a couple quick questions. You attended the -- maybe you didn't. I wasn't there, I know that for a fact -- the advisory board meeting yesterday? MR. FLETCHER: Yes, sir, I was there. COMMISSIONER COLETTA: At the advisory board meeting the subject came up and the advisory board, and I maybe have it wrong, but they approved the plan. The only exception that they had for what was in it was your access to the airport, correct, for the deliveries? MR. FLETCHER: Yes, sir, but I wanted to leave that in the hands of you Commissioners -- COMMISSIONER COLETTA: Well, no, that's fine -- MR. FLETCHER: -- more so than -- I haven't had good luck negotiating with Mr. Curry, so I wanted to leave it in the hands of the Commissioners. That's what I'm asking for right now. COMMISSIONER COLETTA: Okay, so trying to cut to the chase here, because this thing here could drag out, a simple thing as this plan is to be able to come up with security could drag out for January 10, 2012 many weeks and involve many hours of staff time, when we're probably already there with the exception of how do you get the kind of access that you need to be able to get your products to the plane at a reasonable point in time. Am I correct, that's the biggest issue? MR. FLETCHER: Yes, sir. And we've actually got pretty good security there. We've got the gate codes and the fence, although the gate codes haven't been changed in over a year. And I think that's a lot of the problem, not changing the gate codes every couple months like a lot of airports do. I called Okeechobee, their fences, their gates are broken. Arcadia doesn't have a fence. Wauchula doesn't have a fence. And it goes on up the road, Avon Park, you know, all the way through. We've actually got better security I think than almost all those other public airports -- COMMISSIONER COLETTA: That's a good thing. But the question is, is that the advisory board, and maybe you, too, the objections that they had were not with the plan that's before us today, it was with your access. They were very concerned about your access. Am I correct? MR. FLETCHER: Yes, sir. COMMISSIONER COLETTA: And they did pass it with the exception of the fact that they wanted us to deal with your access issue. MR. FLETCHER: Yes, sir. I would like for the Commission -- COMMISSIONER COLETTA: Sure. And I couldn't agree more. And I understand, too, that Mr. Kant (sic), I guess it was, from our security -- CHAIRMAN COYLE: Skip Camp. COMMISSIONER COLETTA: Skip Camp is going to be working with you in the short time. But my suggestion would be is that we pass this plan with the exception of the access issue for how you're handled at this point in time and we concentrate on that in such a way that will be amenable for you to be able to get your products in Page 169 January 10, 2012 and still preserve the security of the airport. Wouldn't you agree that would be a logical way to go? MR. FLETCHER: Yes, sir. There's some things that said that some companies, individuals may be limited to the number of stickers that you get in your car. I'm probably going to need 20 or better because— COMMISSIONER COLETTA: I'm sorry, you lost me there. One more time. MR. FLETCHER: You're going to have a sticker that goes in the window of your car, and that plan says that you may be limited to the amount. But I may need up to 20. I probably have 10 vehicles myself. COMMISSIONER COLETTA: Okay. So if we could go back and say, okay, what you're going to do is take the advice of the advisory board, approve this plan with the exception of how access is given to your suppliers, and if anybody else is in the same boat, their suppliers too. It would be an open ended thing that would come back and we can concentrate just on that issue to be able to come up with a way that would not only give the security in the airport, but be affordable and be able to be on time to be where you need to be there at 3:00 or 4:00 in the morning to have people show up. So we really don't know what's going to happen at that point in time. So my suggestion to this Board is that we pass this plan with the exception of the part that has to deal with Mr. Fletcher and that we direct staff to come back with some several alternatives, working with Mr. Fletcher to be able to get us to where we need to be. Meanwhile, giving him access that's comparable to what he has at the present time so that it can continue, you know, until we can resolve this, and resolve this in an expedient matter so that everybody is happy at the end. Would that be realistic? MR. FLETCHER: Yes. Page 170 January 10, 2012 CHAIRMAN COYLE: I would support that approach. COMMISSIONER COLETTA: Thank you. MR. MITCHELL: Sir, your last speaker is Kris Kulpa. MS. KULPA: Thank you. My name is Christina Kulpa and I implore you, Commissioners, please don't act on this document now. Listen to Commissioner Hiller. She understands. And this is only causing more, a bigger rift between your tenants and the Commissioners in the Airport Board. That -- Commissioner Fiala, you even suggested a workshop. That would be perfect. Let's have a workshop before we even act on this. It's very important that you get your tenants and the stakeholders in there and understand their concerns and not just isolate Mr. Fletcher and his businesses, there might be other people in there that have concerns. And here you want to throw out the worst case scenario document as per Mr. Vergo, you said this was the worst case scenario. And already you have proven to all of us that you're going to put this document out there, Mr. Fletcher is going to do something in this document already, and you're going to violate him. You have done it every time. You're not going to work with him. We've already experienced it for a year and a half. Please, please listen, please listen to Commissioner Hiller. We need help. Steve needs help as a businessman. He's there for the agricultural industry. It is Immokalee, it is not Naples. It is a very, very different entity. Please, I implore you to listen to her, and let's start over. You have a document to start with, but please let's have the workshops and get everyone involved in this. I implore you, please. Thank you. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay, thank you very much. We have a motion on the table to continue this item and have it brought back. Okay? COMMISSIONER FIALA: Yes. You know, I mentioned Page 171 January 10, 2012 before, and this gentleman -- or this lady, I'm sorry, I can't say her name right this moment, had reminded me about the workshop idea, and I wanted to make sure each airport was represented there and at least one or two tenants from each airport so that we get a comprehensive look at the airport situation rather than just focusing on Immokalee. Because each one has a different issue. We want to make sure that we get all the sides heard. And that will help them possibly form a plan while they're studying plans from other airports. So maybe we could do that in between, eh? COMMISSIONER HILLER: I'll add that to the motion. I think that's a great recommendation. CHAIRMAN COYLE: When you're talking about a plan, please be specific. Are you talking about a vehicle operating plan or vehicle -- ground vehicle access plan? COMMISSIONER FIALA: Vehicle access plan. CHAIRMAN COYLE: Vehicle access plan. COMMISSIONER HILLER: Which should be incorporated as part of the security plan. CHAIRMAN COYLE: It becomes a component of the security plan. COMMISSIONER HILLER: Yes, exactly. It must be. CHAIRMAN COYLE: You can do them separately. The question is do you want to narrow -- which I would recommend to you, narrow this particular effort to what we're considering now, an airport ground vehicle access plan? And if you want to have a workshop, you can have a workshop. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Okay, all in favor of the motion -- COMMISSIONER COLETTA: You have some lights on. CHAIRMAN COYLE: Okay. Commissioner Henning -- COMMISSIONER HENNING: Turn mine off. CHAIRMAN COYLE: Turn yours off? Okay -- Page 172 January 10, 2012 COMMISSIONER COLETTA: Turn mine off, but I do have a comment too. Once again, we had the advisory board unanimously pass -- am I using the word unanimously wrong? MR. CURRY: No, that's correct. COMMISSIONER COLETTA: So every member, every faction of that board agreed to this with the exception of the Fletcher access issue; am I correct? MR. VERGO: Yes. MR. CURRY: That's correct. COMMISSIONER COLETTA: Okay. The advisory board makes up people that are of different persuasions on the -- for the airport. They've come together in a common thing and agreed that this was a great base plan. They had a problem with one small part of the whole plan. And to make this -- make a mountain out of the mole hill and bring this all back and start reviewing what kind of stickers are going to go in the car, how people are going to register their cars, how many forms are going to be used, it's going to be computerized, how the Sheriffs Department plays into it. You know, it gets to be a little bit redundant on where we're trying to go, when the real issue has to deal with Mr. Fletcher. Everybody's narrowed it down to it. Even Mr. Fletcher just said that the rest of the plan was fine. It was the access part for him to be able to get his materials in. So what we're going to do is put another burden on the Commission to be able to, one more time, review everything over and over again, to come probably to the same conclusions we had before, when we should be concentrating on the access issue. COMMISSIONER FIALA: So what are you saying? Are you saying -- just to clarify what you've just said. Are you saying that we should pass part of this plan, the part that nobody has any problem with and bring just that section of it back? Page 173 January 10, 2012 COMMISSIONER COLETTA: Exactly. Focus on the problem rather than on the whole plan. The rest of the plan is just basic common sense. The problem Mr. Fletcher is having, and it's going to be addressed no matter which way we go here. We already know that's underway. I think that you agreed that you're going to be keeping him adequately supplied with materials and find a way to make it work til we come up with an agreeable final solution to that. Keep moving forward on it. I mean, this Commission is going to get bogged down, it's -- I know a workshop at some point in time is not a bad idea to be able to cover all sorts of issues on the airport. However, right now we're just focusing on one part. At that point in time we can take a look at the access issue again. The access is the meat and potatoes of the whole airport. There's not much really to that. We have one problem with the whole plan, that's Mr. Fletcher, and we need to address it. So if this motion fails, I'm going to make a second motion that we approve the plan without the access issue for Mr. Fletcher and bring that back with the alternatives to be able to come up with a reasonable way to grant him the access he needs. COMMISSIONER FIALA: Let me ask Chris a question. Chris, if we approve this motion as it stands, will that in any way set you back, or will it give problems at the airports, or would you be able to work with that? MR. CURRY: Not at all. What we agreed is that he could continue to do business as usual with his chemical deliveries until we work out a viable solution. So this plan will not impact that area of his business at all. CHAIRMAN COYLE: And I have to say, that's exactly what you said an hour ago. COMMISSIONER FIALA: Yeah, but I was wondering if put this -- you know, if we continue this, will it disturb anything else in Chris's, not this airport but all of the airports, or not, will it not be a Page 174 January 10, 2012 problem? That's what I was asking. CHAIRMAN COYLE: Wait a minute, you're asking if we continue it, continue the whole thing, you're asking if it would be a problem? COMMISSIONER FIALA: Yes. MR. CURRY: Well, if you continue it, there's several portions in here that we will not be able to put into place. COMMISSIONER FIALA: Safety problems? MR. CURRY: If you continue it, there's nothing in here that we would move forward with. COMMISSIONER FIALA: Safety concerns or anything? MR. CURRY: Well, I mean, we have some safety concerns as it exists. I mean, we started work on this plan six months ago to get to the point we are today. So we have safety and security concerns that this document will help. If we continue it, then we won't put any of these items into play at the airport. COMMISSIONER HILLER: I don't believe you can put any of this in play until FDOT approves it. MR. CURRY: Well, that's what you think. I mean, that's not, that's not -- COMMISSIONER HILLER: It's part of the security plan -- MR. CURRY: -- what I think for the ground access plan, the internal document. COMMISSIONER HILLER: But the access plan is -- MR. CURRY: If you're talking about the overall security plan, then I agree with it. COMMISSIONER HILLER: But the access plan is a component of the security plan. You can't pull out pieces to this plan. I mean, it has to conform with the legal requirements, and it's subject to review as a component of the overall plan. For example, when I spoke to Sebring, I asked them do you have a separate vehicle access plan. Page 175 January 10, 2012 And the answer is no, it's a component of the security plan and is approved as a component of the security plan. So I'm not sure -- and, you know, of course we can call FDOT. But I'm not sure that you can just independently make up your own rules and implement them. And of course we can verify that. But that's why I don't believe that there is anything we can do really. And again, that's subject to verification with FDOT but that's my preliminary understanding -- CHAIRMAN COYLE: Okay, all in favor of the motion, please signify -- we will wait for Commissioner Henning. All in favor of the motion to continue this plan, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: All those opposed? COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. It passes 3 -2 with Commissioner Coyle and Commissioner Coletta dissenting. Okay, we're going to take a 10 minute break. We'll be back here at 10:18 -- or 4:18. (A recess was taken.) CHAIRMAN COYLE: Okay, ladies and gentlemen, Board of County Commission meeting is back in session. We're going to go to the next airport item, which is 13.A.2. Item #I 3A2 (AA) RESOLUTION 2012 -05: RATE SCHEDULES FOR THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND EXECUTIVE AIRPORT FOR 2012 — Page 176 January 10, 2012 ADOPTED MR. OCHS: Yes, sir, it's a recommendation to -- for the Airport Authority to adopt the attached resolution approving the proposed rate schedules for Everglades Air Park, Immokalee Regional Airport and Marco Island Executive Airport for 2012. CHAIRMAN COYLE: How many speakers, Ian? MR. MITCHELL: Sir, we have two registered speakers. But I don't actually see either of them. CHAIRMAN COYLE: Okay. MR. MITCHELL: Oh, yes. Sorry, yes, I do, yeah. One, two, yeah. CHAIRMAN COYLE: All right. Go ahead, Chris. What do you have? Are you going to just take questions? MR. CURRY: Sure, Commissioner. This is the second annual rates and charges that we have brought to you since I have been at the airport. They contain the rates and charges structure for Immokalee, Everglades City and Marco Island. And in a nutshell, T- hangars, large hangars, and storage facilities were raised in accordance with CPI, which you approved last year that CPI will be the governing factor for increases with those units. In addition, especially for Immokalee, we have lowered cost for large volume jet fuel users. For example, we have lowered the cost 10 cent per gallon. We've also introduced a reduced price rate for flight schools that we have never had before. So with that, I'm prepared to take any questions that you have. CHAIRMAN COYLE: Okay, how many -- we've got two speakers, you said, right? MR. MITCHELL: Two speakers, sir, yes. CHAIRMAN COYLE: Okay, Commissioner Henning, do you have a question? COMMISSIONER HENNING: Yes. Usually when we receive Page 177 January 10, 2012 fee resolutions that we get the old one and the new one or a strikethrough and an underline comparable -- MR. CURRY: I believe this is the version that I sent to all of the Commissioners. It was highlighted. And it was highlighted -- can I bring it to you and just show you what -- MR. OCHS: Let's put it on the -- COMMISSIONER HENNING: Put it on the visualizer. I usually go by my packet. If I have to look for documents all over, e-mail or something like that, it just doesn't work. So in the future -- MR. CURRY: This is the document that I sent that indicated every single change that was done to the pricing structure. COMMISSIONER HENNING: Can you leave it up there and I'll just look at it when I -- MR. CURRY: And I guess next year when I submit it I'll make sure that I submit this year. CHAIRMAN COYLE: Okay, Commissioner Hiller? COMMISSIONER HILLER: If I pulled the existing contracts that we have or we've recently entered into, are they going to be straight contracts at, you know, this price times the square foot or, you know, are there terms in these contracts that are making all of these contracts different, notwithstanding this rate schedule? MR. CURRY: If you're referring to the airport leases, if it's a -- if it's an aeronautical use, they will be at 10 cent for land leases. If it's not an aeronautical, it will be at 14 cent. And that has been consistent throughout the past year. COMMISSIONER HILLER: And so everybody that leases, depending on the type of use, will have exactly the same terms and no one will pay more or less as a result of any other provisions in the contract. MR. CURRY: That is correct. Until we have some type of new appraisal that may indicate otherwise. Page 178 January 10, 2012 COMMISSIONER HILLER: How does this compare to other markets that are comparable? How are our rates? MR. CURRY: You mean as far as the rates in general or -- COMMISSIONER HILLER: Uh -huh. Like all these rates, you know, T- hangar, T- hangar storage, large corporate hangers. How do these rates compare to similar rates at comparable airports? Or how do these compare to the rates at comparable airports? MR. CURRY: I think in general what you'll find, especially at Immokalee, is they're somewhat lower with same type units. Or you will find that square footage cost is probably a little bit lower. COMMISSIONER HILLER: Have you done that analysis? Did you do a comparables analysis? MR. CURRY: The analysis was done on the hangars and storage units last year when we put the rate schedule together. And then we established a baseline and we just kept any increases based on CPI. COMMISSIONER HILLER: So you just took last year's rates which you based on comparables last year and then just adjusted those rates by the CPI this year. MR. CURRY: Yes. COMMISSIONER HILLER: So you haven't gone back out to market to compare and see how competitive these rates are? MR. CURRY: No, I have not. Not for this year. COMMISSIONER HILLER: Do we -- what's our position in terms of vacancies? Are we fully occupied? Do we have a waiting list? Where do we stand? MR. CURRY: Tom can speak on Immokalee. I know that Marco has a waiting list of I believe about 50 people. I'm not so sure how many is on the waiting list at Everglades City, but it would be a very small amount if any. But Tom can comment on Immokalee. MR. VERGO: Thomas Vergo, Airport Manager. In Immokalee right now we have a waiting list of eight, I believe is the number, around that number. And we have 100 percent occupancy at this time, Page 179 January 10, 2012 with one becoming available at the end of this month. COMMISSIONER HILLER: Do you have the list? Do you have the waiting list? MR. VERGO: Yes, we do. There's about eight people on it, around that. It's either seven or eight. COMMISSIONER HILLER: How long have they been waiting? MR. VERGO: What's happening with this list is some of, a lot of these folks on this list have been asked two, three, maybe four times since I've been out there if they want a hangar. Some are out of town in other states that have delayed moving to this area. Others have long term contracts for yearlong leases at other airports -- COMMISSIONER HILLER: So they're not on the waiting list. MR. VERGO: They're on a waiting list, they just go back to the bottom, so -- and then we do have a gentleman that just added himself to the waiting list about a month ago, so -- COMMISSIONER HILLER: So what they're doing is they're just keeping their options open. If ever some day maybe they want to be there, they'll be there. So it's not really a waiting list, it's not like they really want those and when the next available one comes up they will take it. MR. VERGO: It depends on the person, yes, I'll agree on that. We do have one person that added himself on that list. We're in the process of going through the list for that February 1 st vacancy. And I'm pretty confident he'll take it, because he wanted two hangars back in December. COMMISSIONER HILLER: Uh -huh. And the rates of the most recent leases that you entered into, were these rates here? Did you use these rates or the old rate? Have you started using these rates yet? MR. CURRY: No, we can't use these existing rates until it's approved by the Board. I think you can say we have -- the financial department has sent out letters to inform of increases that will occur. But we can't Page 180 January 10, 2012 officially implement the charge until this is approved. COMMISSIONER HILLER: And the existing contracts will stay binding pursuant to the old rates. It's only new leases that are entered into. MR. CURRY: Are you referring to T- hangars or -- COMMISSIONER HILLER: Yeah, T- hangars, primarily, I would assume. MR. CURRY: The new T- hangar rate will adjust to the new approved rate schedule. COMMISSIONER HILLER: For everybody. MR. CURRY: Yes. COMMISSIONER HILLER: So the contracts for the T- hangars is subject to whatever the most current rate is. MR. CURRY: Yes. COMMISSIONER HILLER: And the corporate hangars are negotiated rates, with all of them being different. MR. VERGO: For the corp -- well, depends on what you're looking at for corporate rate. I know that Mr. Fletcher's hangar is a different rate, he has a bulk hangar, than our cargo bays, which we have two of those, which right now we lease those out at the same rate. And the other bulk hangar is different. COMMISSIONER HILLER: Does Mr. Fletcher have a lease or are you still doing month -to -month with him? MR. VERGO: He's still on a month -to- month. COMMISSIONER HILLER: Why? MR. CURRY: Primarily because we have had other priorities with leases that had expired. And those were the first priorities. So we had leases that were -- that had an expiration date, okay. Mr. Fletcher month -to -month can continue like that because he's not in a mode of expiration. For example -- COMMISSIONER HILLER: Has he asked for a lease? MR. CURRY: Excuse me? Page 181 January 10, 2012 COMMISSIONER HILLER: Has he asked for a lease? MR. CURRY: Yes, he has. COMMISSIONER HILLER: So he's basically expiring every month but you're ignoring it? MR. CURRY: No, his lease continues month -to- month. It doesn't expire every month. COMMISSIONER HILLER: Well, every month it's renewed. MR. CURRY: Basically. COMMISSIONER HILLER: So it's expiring every month and then renewed. So at any point you could give him a month's notice and evict him. MR. CURRY: However you want to classify it, that's what it is. COMMISSIONER HILLER: I'm just concerned that he doesn't have a lease. MR. CURRY: I don't understand how this relates to rates and charges. COMMISSIONER HILLER: I'm just curious. I mean, it all ties in. How is he being charged versus these others? I'm trying to get a relationship to how you're dealing with all these different tenants. MR. CURRY: I think Thomas Vergo has explained to you the rate structure for his unit and the other cargo bays. COMMISSIONER HILLER: Uh -huh. Okay. CHAIRMAN COYLE: Okay, first speaker? MR. MITCHELL: The first speaker is Pam Brown, and she'll be followed by Kris Kulpa. MS. BROWN: Good afternoon, Commissioners. Pam Brown for the record. I live in Immokalee. I have been involved with the Immokalee Master Plan Main Street project and realize that Immokalee is in a rural area of strategic economic concern. I was reviewing the rates, and we brought this up as an issue yesterday before the Airport Authority Advisory Committee. Page 182 January 10, 2012 The T- hangar rates are almost 26 cents a square foot more and the -- let's see, the T- hangar storage units are almost 37 cents more per square foot more than Everglades City. And when I asked the question why were these rates higher, because we're in a rural area of strategic economic concern, it was said that it was because of the demand of the hangars there. So after the meeting I asked for a copy of the list. Is this where I put the list? If you can see -- we're looking at -- MR. OCHS: Ma'am. MS. BROWN: Okay, if you will look at the list, this was updated on November the 30th. One of them is from 2004. This gentleman's in Wyoming living. And then they're not in order of dates, but you've got a 2004, five, six, seven, nine and 11. And I don't know for sure, but Commissioner Coletta, is Dean Daniels your son -in -law? COMMISSIONER COLETTA: That's correct, he is. MS. BROWN: I know that you did a lucky dollar because he got the last hangar at the airport. COMMISSIONER COLETTA: Did he? Good for him. MS. BROWN: I think you did it at the Rotary. You gave a lucky dollar for that. COMMISSIONER COLETTA: I don't understand the lucky dollar. MS. BROWN: At the Rotary meetings that you have. You give a lucky dollar at the Rotary meetings. MS. GREEN: Happy dollar -- MS. BROWN: Happy dollar. I'm not a Rotary member, but I heard. COMMISSIONER HILLER: Maybe it was an unlucky dollar. MS. BROWN: Well, if he has a hangar there, then why is he on the waiting list? Page 183 January 10, 2012 COMMISSIONER COLETTA: I think he wanted a second hangar. MS. BROWN: Ah, okay. Well, I'm just -- I'm just curious how this works. And there really isn't a waiting list then. So I don't know why our rates are higher than Everglades City. And that's my point. Thank you. COMMISSIONER HILLER: Pam, did you research any other rates for any other -- do you have any information on any other rates from anywhere else? MS. BROWN: No, but I would be more than happy to do that. COMMISSIONER HILLER: Okay, I'd like to know if there are any other. MS. BROWN: I'll do that. COMMISSIONER HILLER: Yeah, I'd like that. I just -- I'm very uncomfortable with the fact that we don't have comparables. And I think, you know, just adjusting it by the CPI without going out, especially if we're in these hard economic times, I think it's really important. Obviously we don't want to undercharge or overcharge. And without comparables, I find it very difficult to understand how we can be approving this. Plus, I have no idea what we're doing with the corporate hangars. There's nothing here to define what those rates are or how they're determined. CHAIRMAN COYLE: Okay, next speaker. MS. BROWN: Thank you. MR. MITCHELL: The next speaker is Kris Kulpa. MS. KULPA: Christina Kulpa again. Thank you. I'm concerned from two years ago because I do pay the yearly -- I should say the monthly lease for Fletcher Flying Service. And I have already paid the new amount because I send my bills out as early as I can, so probably mid - December I paid the new amount that Chris Curry had sent us the letter for, thinking that it was already approved Page 184 January 10, 2012 and this was stated that I have to pay. So I did. I have already paid January's rent with the new increase. And I did ask for information on that, on how they based that CPI, which I don't understand how he got that and how it affects, you know, if it's Immokalee area because it's a rural area, if it's different, you know, than this area here in Naples. I'm not sure. But two years ago when the rates increased, we brought this up, and we brought it up to the advisory board. They had some appraisal that was done on a particular piece of property, and I think that's how they based their base rates for the leases, which the appraisal was done for something completely different, and it wasn't the use for T- hangar rates. Which I was concerned about then. I brought it to their attention. It was having to do something with an industrial piece of property on the other side of the roadway, didn't have anything to do with the property involving the airport, per se, because that's a public use airport. So that appraisal, I had a reviewer look at that two years ago and he said there were plenty of good comparables out there that showed half the value. And I'm just guessing by remembering it was in the $60,000 range per acre that they were basing this value. And the additional comparables out there from the reviewer said there were plenty of comparables that were in the $30,000 range. And this might even have something to do with that piece of property that was going to be upzoned. So here it is again in inflated appraisal. I don't know. But I did question that. And I asked them, you know, about this. And they were to put that on hold. Those rates were to be put on hold. The advisory board told them to put it on hold for them to do a study the next month. It was never put on hold. And they brought it up again and I understand that Mr. Curry went straight to the Commissioners and, you know, said that to be approved, the rates to be approved. There was never an analysis done. The advisory board said to put it on hold and have a study for six months, and it was never Page 185 January 10, 2012 done. So they came forth with a different take on it. But nobody listened and it went ahead. But what I'm asking for is a new appraisal needs to be done. Because Immokalee is definitely economically disadvantaged. And what you saw maybe a year ago is going to be very different again this year. I guarantee values are not going up. They're going down if anything. And you need to base your base rates on something that's viable out there in the market. So I'm asking for a new appraisal to be done, solely, you know, an appraisal for base rates for T- hangar rents. Thank you. CHAIRMAN COYLE: Thank you. Okay, Commissioner -- MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Commissioner Coletta. COMMISSIONER COLETTA: Chris, are you running a social service organization or an airport? Is this a business or what? MR. CURRY: We're trying to run -- COMMISSIONER COLETTA: What was the directive. MR. CURRY: I'm beginning to wonder what can you do there. COMMISSIONER COLETTA: What was the directive we gave when you came aboard. We were talking about the cost of running the airport and how much money had to be taken out of the county coffers to be able to make up the difference. If I'm not mistaken, I think we gave you a directive to try to bring the thing up to a break even point. And we realized it was going to be some time to be able to do it. Now, the reason we want to lower the price is because all these hangars are empty? MR. CURRY: No, they're not empty, they're all -- COMMISSIONER COLETTA: They're not empty is right. But Pam Brown referred to my son -in -law, and I've got to tell you, I got confused a little bit about lucky dollar. We call it a happy dollar. And I did mention at the Rotary I was happy that he got one of the last -- or the last, I'm not too sure which one it was -- hangars that was at the January 10, 2012 airport. That was one of the things we've been hearing for a long time, that you've been driving all the tenants away. Well, I don't see that. Obviously we got -- I can see these hangars, and there's a waiting list, which isn't a waiting list, but when you go down the list I'm sure you're going to find somebody there who is going to want a hangar. Little bit perplexed about the discussion that's taken place here today. And I'm not too sure how to approach it. I'm lost for words on this one. You're supposed to say thank you, Commissioner Coyle. CHAIRMAN COYLE: Well, yes, thanks. That's very helpful. Commissioner Henning. COMMISSIONER HENNING: Thank you. What I was asking for is information on what the present rate is to compare it with what's being proposed. What's on the viewer is exactly what we have in our agenda except for it's highlighted. MR. CURRY: Right. But it mentions actually under most of them that the rates remain unchanged except for the storage units and those type hangars. Fuel prices in general to some degree have -- remain unchanged or have been lowered. COMMISSIONER HENNING: This is the draft 2012 resolution -- fee resolution that's on the viewer. That's up on the TV right now. MR. CURRY: Yes. COMMISSIONER HENNING: That's what we have in our agenda. What I was asking for is the present charges. So just to clarify that for next time. MR. CURRY: Okay. COMMISSIONER HENNING: I was told that the airport advisory requested that the rates actually be dropped for hangar rates; is that true? MR. CURRY: This was a request that the board had last year. COMMISSIONER HENNING: This Board. MR. CURRY: The advisory board. And the issue with that last Page 187 January 10, 2012 year was that we went out and did the comparables. Okay? And what I said to the Board is that we're in violation of our FAA grant assurance if we don't maintain a competitive rate and a comparable rate. What they were asking me to do in my opinion was against our grant assurances because we were not keeping up with the market value. COMMISSIONER HENNING: What did they request? MR. CURRY: They requested that all rates be frozen for four to six months. And actually, when I -- when we came last year, not sure whether I mentioned it to you or whether there was another Airport Advisory Board member that showed up and expressed that, I told them specifically that I am not going to go against what I believe is the intent of the FAA grant assurance. COMMISSIONER HENNING: Okay. But that's the Board's advisory board -- or this case the Airport Authority's advisory board. It would be nice to have their recommendation so we can start to understand why they want to keep the rates the same. MR. CURRY: That's not what they asked for this year. As a matter of fact, this passed unanimously yesterday. COMMISSIONER HENNING: So it was untrue what I heard is the advisory board really wants the rates to lower, that is not true. MR. CURRY: They did not mention anything at all about that yesterday at this board meeting that these new rates and charges were presented. COMMISSIONER HENNING: In the past. MR. CURRY: They mentioned that last year when we came before the Board of County Commissioners and had last year's rates and charges approved. And my client is here from the advisory board. If I'm saying anything wrong, please correct me. MR. KLEIN: No, that's correct, that was -- COMMISSIONER HENNING: No, that's fine. MR. KLEIN: That was discussed last year. January 10, 2012 CHAIRMAN COYLE: You can't speak from back there. We need you to go on a mic. MR. KLEIN: The -- that was discussed last year. The advisory board did ask for a freeze on the T- hangar rates until they could be reevaluated. And that was done. And this new proposal I think doesn't increase those rates. COMMISSIONER HENNING: No, it's the CPI. MR. CURRY: They're all -- the T- hangars, the corporate hangars and the bulk hangars are all attached to CPI. MR. KLEIN: And that was the agreement, that they would be attached to CPI. And again, Commissioner Coyle, as I'm sure you're aware, the FAA does require to be non competitive in terms of land lease for non - aviation uses. For aviation uses, that can be negotiated by the Airport Authority because it is, after all, the Federal Aviation Administration, not the federal economic development administration. So that -- but what Chris said is correct. We did ask for a freeze on the rates last year on the T- hangar rates, and that was done. And this year the rates were only increased by the CPI. MR. CURRY: Yes. UNIDENTIFIED SPEAKER: Could I add, our rates were never frozen -- CHAIRMAN COYLE: Is there a motion to approve this? COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, motion to approve by Commissioner Coletta, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Page 189 January 10, 2012 Any opposed by like sign? COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, it passes 4 -1 with Commissioner Hiller dissenting. COMMISSIONER HENNING: Can I -- CHAIRMAN COYLE: We're going to 10 -- COMMISSIONER HILLER: No, I want to address one thing before we go any further. I'm really concerned about the fact that Mr. Fletcher doesn't have a lease. And I believe that he wants a lease and I think we have to give him a lease. And I'd like to know, Jeff, what do we need to do to get a lease done so that Mr. Fletcher isn't on a month -to- month. I mean, I don't understand it. You know, Dino (sic) Daniels has a lease agreement. I mean, what's the term of his lease? I want -- actually, Mr. Curry, what's the term of these other leases? I mean, they all have leases. I want to know what they are. What are the terms of those leases. MR. VERGO: Mr. Daniels, Mr. Dean Daniels you're speaking of, he's got a month -to -month lease for a T- hangar. COMMISSIONER HILLER: On a T- hanger? MR. VERGO: That's correct. COMMISSIONER HILLER: Do all the T- hangars have month -to -month leases? MR. VERGO: Yes. COMMISSIONER HILLER: What does Mr. Fletcher have? Does he have a T- hangar? MR. VERGO: He's got a bulk hangar and just like our other cargo bay is on a month -to -month as well with another tenant with the last name Essert. COMMISSIONER HILLER: So bulk hangars are on a month -to -month also? MR. VERGO: Currently. COMMISSIONER HILLER: Is your intent to change that? I Page 190 January 10, 2012 just don't understand why you don't want to keep these tenants and give them longer term leases -- CHAIRMAN COYLE: Commissioner Hiller, if you want to have this considered, why don't you add it to the next agenda and we'll do it. We've just finished with this item. COMMISSIONER HILLER: I think that's a great idea. Let's put that on the next agenda. And Mr. Curry, I would like to see a lease agreement for Mr. Fletcher. Because I don't want to lose him. He's our number one tenant -- CHAIRMAN COYLE: We're going to 10.1) now. Item #10D IN- MARKET MEETING PLANNER SITE AND FAMILIARIZATION GUIDELINES FOR THE TOURISM DEPARTMENT TO PROVIDE PAYMENT OR REIMBURSEMENT OF EXPENSES RELATED TO ATTRACTING GROUP MEETINGS TO COLLIER COUNTY AND PAYMENT OF COVERED EXPENSES UP TO AN ANNUAL TOTAL PROGRAM COST OF $1509000 - MOTION TO APPROVE GUIDELINES AS PRESENTED TO THE TDC WITH THE EXCEPTION OF THE WORDING REGARDING THE TOURISM DEPARTMENT PURCHASING CARDS AND TO BE BROUGHT BACK TO THE TDC THEN ON TO THE BCC AT A FUTURE MEETING — APPROVED MR. OCHS: Sir, It was previously 16.F.3 on your consent agenda. It's a recommendation to approve in- market meeting planner site familiarization guidelines for the Tourism Department to provide payment or reimbursement of expenses related to attracting group meetings to Collier County, and authorize payment of covered expenses up to an annual total program cost of $150,000. Page 191 January 10, 2012 Mr. Wert can present or answer questions. This item was moved at Commissioners Hiller's request. COMMISSIONER HILLER: And let me say, the reason that I had this moved was because what the TDC approved is not what is before you today. And what happened was there is an additional expenditure for the FAM expenses, if you will, that was added to, I guess you can call it the in -house promotion. My terminology is not perfect on this, and Jack can correct me. The expenditures of TDC funds have to be pre- approved by the TDC. I have no problem with the modification that Mr. Wert would like, but it has to first be approved by the TDC and then by the Board. And to approve it at this point basically goes against the statute. So I think, you know, if he wants to take it -- and the other problem I have is we shouldn't be approving something at the TDC and then it's modified and then coming forward without disclosure of that modification in the executive summary. Basically what the summary is suggesting is that we're approving what the TDC has approved, and that isn't true. You know, I'm glad to hear that Jack and Crystal have resolved -- I'm assuming you've all resolved the issue on your -- the P cards and all that? MS. KINZEL: I think Jack's agreed that the guidelines are going to be adjusted to specifically say the county P cards that the employees have. So they'll change -- COMMISSIONER HILLER: So the guidelines have to be corrected and Jack is in agreement with Crystal's recommendation on that. So I think that's positive. Jeff, did you have any issues with it besides what Crystal raised? MR. KLATZKOW: No, my only issue was I heard that -- what Jack was presenting was different than what he presented to TDC -- COMMISSIONER HILLER: It is. MR. KLATZKOW: And the executive summary doesn't specify the differences. That was my objection. But I don't know if that's true Page 192 January 10, 2012 or not. That's just what I heard this morning. COMMISSIONER HILLER: It is. Do you know -- COMMISSIONER FIALA: How is it different? Why don't you tell us that. COMMISSIONER HILLER: I did. I actually sent the differences. And like I said, the difference being, I actually prepared a document. Jack, can you present what I sent you, which shows the change in the wording? And it adds a category that -- what was presented to the Board is everything that is -- or what's different, let me do it by exception, is what's in yellow. And so essentially what's added to this as an expenditure which we did not approve are the familiarization trips. We approved strictly the in- market site expenditures. So again, is a faro trip okay? Yes. Is it one of those things that could be covered by this. But it first has to be approved by the TDC. And so all I'm saying is it needs to go back to the TDC or just approve it in part for the in- market site, let it go through again for the fam trips, bring that forward separately. But what the TDC approved is what we are limited to approving, and that is everything except for what's in yellow. So I would be happy to make a motion to approve everything except what's in yellow, with the one modification for the P cards as recommended by Crystal, and then let the fam trips come back as a separate modification after approval by TDC. CHAIRMAN COYLE: Okay, that's a motion by Commissioner Hiller. Is there a second? COMMISSIONER HENNING: I'll second it for discussion. CHAIRMAN COYLE: Second by Commissioner Henning. Commissioner Fiala. COMMISSIONER FIALA: Yes, fam trips are the life blood for the tourism industry. Have you said that -- was that discussed at the meeting, was that approved, to your knowledge? Page 193 January 10, 2012 COMMISSIONER HILLER: No. I was there. MR. WERT: The term familiarization trip, as Commissioner Fiala, you're aware, that has been an industry standard term where you familiarize people, whether they be meeting planners, journalists, whatever, of your destination. That term in the industry has been evolving and changing over the last few years. They are now called sites. These in fact are interchangeable terms. They are exactly, exactly the same process. It is simply a different term. We felt when we brought this item to you, the County Commission, it would be helpful to be sure that we were in fact making everybody aware what all was covered. Familiarization trips and site visits are one in the same. They are not separate programs. They are both bringing people to the area to get a sight of the visit, and that's how it's changed. COMMISSIONER FIALA: So then that does say site on there, right -- MR. WERT: We didn't use that term with the TDC, because frankly, that group does understand that they are the same. And we just felt that it would be important at this level, at the public level to add that term so that there was no confusion when the hotels are proposing folks that might apply to this program, our own staff, so that we definitely understand, and that the finance folks, when they see reimbursements coming through, if the hotel calls it a fam trip, it is the same as a site visit. So that's the -- CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: What meeting was this that took place? I mean, it's -- MR. WERT: Our -- COMMISSIONER HENNING: If you had -- I'm sure you don't have an executive summary from the -- MR. WERT: Actually, I do from the TDC. COMMISSIONER HENNING: Let's compare, see if they're Page 194 January 10, 2012 compared. And maybe we just need to modify our agenda or -- MR. VVERT: I'll give you the TDC version first. This is the executive summary where we called it in- market familiarization sites. The first document that I'm showing here is the executive summary that went to the Tourist Development Council on November the 28th. That was the last meeting we had in 2011. And the word familiarization trip sites is in that document. That was how we presented it. The version that is coming to you, we did add some additional language to this document because we had some input from both the County Attorney's office to make sure that we were clearly asking the County Commission exactly what action we wanted them to take. There are also some subtle changes in this executive because we have some new guidelines from the County Manager's office to include in all future executive summaries. And in this particular agenda item does include some of those new documents. It's making sure that the dollar amounts are in there. The dollar amounts, by the way, have not changed at all. It's still 150,000. It truly is the same program the TDC looked at. And I think it's important that we remember that the role of the Tourist Development Council is advisory. They do not get into the minutia of exactly how a program works. They recommend the expenditure and they recommend the overall program. That's what they -- that is their role. This program truly has not changed other than some wording of adding sites. You'll see a few clarification points that we put into this -- to the guidelines document that I'll get into in a couple of future slides here, that addresses each of the points that Commissioner Hiller has highlighted in her document. COMMISSIONER HENNING: Let's go to the back -up material. I mean, that's -- the executive summary is just a vehicle to approve the back -up document. So let's compare apples and see if we have apples. Page 195 January 10, 2012 MR. WERT: The first -- the three bullet points I put here on this slide, we just talked about fams and sites. The second area that you'll see is we added new points to better define the travel booking methods and the requirements for funding. They don't change the intent of the program at all, they simply do help our tourism hotel partners and hopefully the finance folks as well when they get reimbursement requests. And finally, we did want to make sure that county finance understood exactly what was being asked and approved by you. COMMISSIONER HILLER: But if I may ask, isn't site specific to facility and familiarization just generally to the area? MR. WERT: It is a familiarization trip. COMMISSIONER HILLER: As supposed to site specific. And what we had talked about was, at the TDC was specifically visiting sites, not just a general familiarization with Naples. What we were -- or Collier County. We were talking about specifically reimbursing because the intent was to draw people to the hotels. And that was the intent. In fact, Murray Hendel was like concerned because he said isn't that like bribery, or something like that. Well, obviously that doesn't go to Collier County as a whole. So we didn't address familiarity as an issue, we addressed site specific visits because of the focus of this being -- so they're not interchangeable terms. MR. WERT: Yes, they are, and they are not hotel specific. Everything that our organization does is represent this destination. It would be unfair to other hotels to pay for just a site visit to one hotel and they see nothing more. That is never our intent, that's not how we do familiarization trips. We would not use these funds for that kind of a mission. That is the hotel's job to do that. And we don't use these funds, never have. This is not a brand new program. We do this all the time. We are simply refining -- COMMISSIONER HILLER: So I guess my question is, why are Page 196 January 10, 2012 you adding the word and familiarization trips? It's sufficient. You can leave your executive summary the way it is without adding the term and familiarization trips if site visit and familiarization trip is one and the same word. MR. WERT: It's simply because some of the hotels call it one thing, some of the meeting planners calls it another. You want the meeting planner also to understand, if we have a policy, whether or not -- COMMISSIONER HILLER: So why not delete everything and just put a footnote at the bottom and say the term site visit and familiarization visit is used interchangeably. COMMISSIONER FIALA: He did in the last slide. COMMISSIONER HILLER: No, no, I mean, in what we're approving, in the modification to the policy. COMMISSIONER FIALA: What's wrong with the explanation of site and familiarization? COMMISSIONER HILLER: Because from my perspective based on the discussion we had at the TDC -- and of course it was a meeting I was at, two different things. One was more specific, the other is non - specific. Like I said, in fact, the very issue that Jack is raising was raised very well by Murray. You know, it -- so, I mean, just leave it the way it is. If what we approved is fine and the terms are interchangeable, leave our policy exactly the way it is and just add a footnote and just say for clarification purposes fam -- no, no, not on his summary but what we're approving, you know, what -- COMMISSIONER HENNING: The back -up material. COMMISSIONER HILLER: Right. The guidelines that we're specifically approving, you know, the document that we're approving that -- and just delete all the changes -- delete all the changes that the MR. WERT: No, I can't. Page 197 January 10, 2012 COMMISSIONER HILLER: Why not? MR. WERT: Because they are very, very important to making sure that our hotel -- COMMISSIONER HILLER: Can you go back to the changes? MR. WERT: I'm going to. Yes, I'd be happy to. CHAIRMAN COYLE: Can I just point out something? It is confusing, but you can read it two ways. You can read it as a recommendation to approve in- market meetings, planner site visits and familiarization guidelines for Tourism Department, or you can read it as a recommendation to approve the in- market, planner site and familiarization guidelines. So -- right? MR. WERT: Yes, sir. CHAIRMAN COYLE: So you can read it two ways. And one way it's one thing, it's one meeting, it's one purpose, it's the meeting planners site and familiarization guidelines, right? That's what you're saying. MR. WERT: Yes, yes. CHAIRMAN COYLE: Planners site and familiarization are essentially the same thing. MR. WERT: Yes, sir. CHAIRMAN COYLE: So you read it as if it is one meeting, Commissioner Hiller is reading it as if there are two different meetings. MR. WERT: Yes. CHAIRMAN COYLE: Now, either interpretation can be correct, depending upon what it is that you're doing. But you're saying that it's one meeting. MR. WERT: It is one event, yes. CHAIRMAN COYLE: One event. And it's for planner site and familiarization. MR. WERT: And we could make those changes. You'll see in some of the future slides the way I've done the title is it's site /fam is -- January 10, 2012 CHAIRMAN COYLE: That would be far better than the way you've got it -- MR. WERT: Yes, sir, I agree. And that might be a -- CHAIRMAN COYLE: -- described now. Because it is confusing. But okay, we've got a motion by Commissioner Hiller to disapprove -- or to send it back to -- COMMISSIONER HILLER: No, just leave it the way it was. He presented -- if everything is -- if this familiarization and in- market are one and the same, what we approved is everything minus the yellow. So delete the yellow and leave it the way it was, and I'm happy to approve it. Because that's what we approved. So the documents should be the same. So just delete the yellow and leave everything as is and we're fine. MR. WERT: My only concern there is there are some issues related to the payment method. I think I would like to strengthen that based on the -- COMMISSIONER HILLER: So then just add the one sentence of CVB employee -- or not the credit card, but what the county -- MR. WERT: It would be Tourism Department purchasing cards. COMMISSIONER HILLER: Right. So in that one tab where you've got the yellow that says a CVB employee credit card will be used for some payments and instances where practical, just say a CVB -- say that again? MR. WERT: Tourism Department purchasing card for meeting and expenses -- COMMISSIONER HILLER: Tourism Department purchasing card will be used for some payment instances where practical. And then delete all the other stuff that's yellow. And then just pass it as the TDC approved it and you're good to go. So I make that motion. Page 199 January 10, 2012 CHAIRMAN COYLE: Motion to approve by Commissioner Hiller with the changes as specified. Commissioner Henning, you still second it? COMMISSIONER HENNING: Yes, but I haven't got my question answered. MR. WERT: Sorry, sir. I'm sorry. I'll try. COMMISSIONER HENNING: You know, everybody has an agenda to do their presentation. I have specific questions. I was looking for the back -up material that was presented at the TDC to do a comparable. Okay? So what we have bullet point by bullet point -- MR. WERT: Yes, sir. COMMISSIONER HENNING: -- in our agenda where they presented the same thing. Because bottom line, it doesn't matter what -- it doesn't matter what the executive summary states, it's what is in the resolution. And this one is bullet point by bullet point, okay. So I would like to know -- and the Tourist Development Council is by law the council that reviews and makes recommendations for expenditures. MR. WERT: They are, by Florida State Statute. They are. That is correct. COMMISSIONER HENNING: Right. And this is a program for expenditures and what it can be expended upon. So they have every right to give us recommendations. And if those -- if they were presented something different, I want to know what it is. MR. WERT: We've shown you what the changes were. None of them change the program that they recommended at all. The dollar -- COMMISSIONER HENNING: Where's the back -up material? MR. WERT: I don't have the TDC back -up material. What you see that's highlighted is exactly what was changed or added from the TDC version. COMMISSIONER HENNING: What meeting was -- that was from November the 8th? Page 200 January 10, 2012 MR. WERT: November the 8th, that's correct, sir. CHAIRMAN COYLE: It appears to me that the information to answer Commissioner Henning's question is not available. Is there a motion to continue this until we get it? COMMISSIONER HENNING: No, I want to -- again, Commissioner Fiala articulated it very well, is, you know, we want to give the industry the tools to do that. But if there is a disagreement, can we agree to bring those issues back to the TDC? MR. WERT: Sure. COMMISSIONER HENNING: Back to the Board of Commissioners? You're agreeable to that? MR. WERT: I'm agreeable as long as we can approve this process today. Because we do have planners that are ready to commit to come if we -- COMMISSIONER HILLER: So just approve it. So again, I'm going to make my motion to approve it as it was presented to the TDC with one modification, and that is with respect to P cards. And that way you can move forward with this program and then you can bring back whatever modifications you want to make to the policy back to the TDC, and then bring it forward. And it's something you can bring on consent, Jack, and say that we've done, the TDC approved it, it's on consent, and you're good to go. And then there is no concern. CHAIRMAN COYLE: Okay. We have a motion to approve with the stated revisions. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Second by Commissioner Henning. All in favor, please signify by saying Aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Page 201 Any posed by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. 10.F. Okay, that brings us to Commissioner Hiller? Item # l OF January 10, 2012 CHANGE ORDER NO. 2 TO CONTRACT # 10 -52065 WITH ATKINS NORTH AMERICA, INC., FOR DESIGN SERVICES FOR COLLIER AREA TRANSIT TRANSFER STATION, IN THE AMOUNT OF $995900 FOR REDESIGN AND POST DESIGN SERVICES, AND EXTENDING THE CONTRACT BY SIX HUNDRED SEVENTY SEVEN (677) DAYS TO ACCOUNT FOR THE INCLUSION OF CONSTRUCTION AND THE COMPLETION SCHEDULE; AND THE CHAIRMAN EXECUTING THE CHANGE ORDER - MOTION TO DENY AND HAVE STAFF LOOK INTO USING DEVOE BUILDING INSTEAD — FAILED DUE TO NOT HAVING A MAJORITY; MOTION TO BRING BACK TO A FUTURE BCC MEETING — APPROVED COMMISSIONER HILLER: 10.F is what item? CHAIRMAN COYLE: 16.A.8. It was moved to IO.F. COMMISSIONER HILLER: Oh, no, that was -- no, no, no, I said everything was fine with -- oh, no, oh, this is the -- oh, yes, oh, yes, yes. MS. ARNOLD: For the record, Michele Arnold, Alternative Transportation Modes Director. This is a change order for Atkins North America, Incorporated. And they're providing the design services for the intermodal transfer facility on campus. Page 202 January 10, 2012 This is to allow for post design services. Now that we have funding available for the construction of that project, we're adding in those post design services that were included in the solicitation for this particular services, and we're adding that back in at this time so that we can proceed with the construction. The bid part for the actual construction will be brought back to the Board in February. We did bring an item to you before, and you all agreed to reject the bid. And the bids went back out on the streets and will be expected back on the 18th. And at that time we are going to negotiate with the lowest qualified bidder and bring back a contract for your consideration. And then at that particular time the Board can see the costs associated with the construction of that job. If you have any further questions. COMMISSIONER HILLER: I do. CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: Thank you. I have a real problem with this project. This was discussed at the MPO. I understand that we're moving forward on this design. The design has not been brought to us in detail for review at the point that we're at. Commissioner Fiala at the MPO made a very, very smart recommendation, and that recommendation was to consider buying an existing building. We're going to have to do so much to improve this site, because this site at the garage is not suitable for the construction that's being proposed, on top of which we're going to be destroying parking slots that we have paid for. It's a very expensive proposition. Commissioner Fiala recommended we consider for example buying the DeVoe building, which is there and done and empty. And I heard, and we need to verify this, that the Supervisor of Elections would agree to lease part of that building because she needs additional space for her storage and for her operations. So I don't understand, and I understand we spent 300,000. I don't Page 203 January 10, 2012 approve expending another dime, because overall this project is going to cost millions more than it has to. And we have -- it's going to destroy the parking garage, and we have an alternative out there that Commissioner Fiala came up with that I thought was a brilliant idea, and now we have a Constitutional officer who needs additional facilities. And you would be killing two birds with one stone. So I cannot approve this. I have to recommend denial because I would like to see us explore this further and see about the possibility of acquiring that building instead of redesigning and spending monies unnecessarily. COMMISSIONER FIALA: I'll second the motion. COMMISSIONER HENNING: That wasn't the MPO's recommendation. COMMISSIONER FIALA: No, it was just mine. COMMISSIONER HILLER: No, it was, it was -- COMMISSIONER HENNING: May I, Commissioner Coyle? CHAIRMAN COYLE: Yes, please. COMMISSIONER HENNING: It was the recommendation by the MPO to have alternative designs -- COMMISSIONER HILLER: Right, that too. COMMISSIONER HENNING: -- remove meeting rooms and things like that. COMMISSIONER HILLER: Yes. COMMISSIONER HENNING: Commissioner Fiala's recommendation was well stated. Because of that, the MPO staff forwarded those recommendations on to the Board of Commissioners. We were fully aware of it was going to take a change order for the consultant to redesign it. So this is actually a regurgitated item that wasn't accepted by the whole MPO. So as long as we're having full disclosure here, you know, that this is an old item nobody else accepted, and now we're moving into a new area. Page 204 January 10, 2012 COMMISSIONER HILLER: Right. Can I comment on your comment? CHAIRMAN COYLE: Well, I'd much prefer you make a motion. COMMISSIONER HILLER: Yeah, I make a motion -- well, I made a motion. I made a motion that we don't go forward with this and we explore the alternative of possibly acquiring that property from Devoe and seeing what we can do to collaborate with the Supervisor of Elections to jointly utilize that property. CHAIRMAN COYLE: And Commissioner Fiala seconded the motion. All in favor, please signify by saying -- MR. ARNOLD: We already did that in July. CHAIRMAN COYLE: It doesn't make any difference. MR. OCHS: Yes, it does. We've been down all of these options already, Commissioner, Michele. CHAIRMAN COYLE: Go ahead, tell us. MS. ARNOLD: We brought that to the Board and we also brought an analysis showing you all at the request of Commissioner Hiller in July the steps that were taken and the alternate sites that were evaluated prior to this particular site being selected. We also inquired with FDOT, because understand that the dollars that are using -- the majority of the dollars being used for this is state funding. We inquired with the FDOT whether or not we could utilize those funds on an alternate site. They emphatically said no. You will have to return the dollars if you are going to use another location. This is specific to this particular site. So we would not be able to utilize those funds. COMMISSIONER HILLER: But could ask them -- well, we should ask the MPO again. Because it's my understanding -- MS. ARNOLD: No, we didn't ask the MPO, we asked FDOT, who the funding is -- COMMISSIONER HILLER: I understand what you said. What Page 205 January 10, 2012 I'm saying is we can, through the MPO, or quite frankly we can through Mrs. Ayer ask FDOT if they would consider applying those funds towards this alternative site, particularly if it would be less expensive, given that the Supervisor of Elections would take part in the acquisition. MR. OCHS: Commissioner, the Supervisor of Elections has no budget other than what the Board authorizes, so that's an expense that you would take on, not the Supervisor of Elections. Just so you understand that. The other thing I have to remind the Board is the county's 50 percent match on the construction was leveraged as an in -kind contribution on the value of the investment that you've already made on this campus. So if you're going to go a different route, again, we've had this discussion in July, but you're going to have to find additional dollars, hard dollars for your match that won't qualify off -site. COMMISSIONER HILLER: Let me just say this: The cost to improve this site is going to be substantial because this site does not lend itself to this construction. This takes me back to the development of the Emergency Operations Center when they relocated it to -- when whoever relocated it to a site that required, you know, millions more in site improvement to allow the construction in the different location. I mean, to put money into this dirt doesn't make any sense. And quite frankly, when I met with you yesterday, Michele, everything I'm telling you here now I told you yesterday. And everything that you're saying today is not anything close to what you said yesterday. So I mean, I just -- MR. FEDER: Mr. Chairman. COMMISSIONER HILLER: My motion stands. And I want to see it re- explored -- CHAIRMAN COYLE: Go ahead. I'm going to call this motion. Did you have anything to tell us that you haven't told us before? MR. FEDER: Very quickly, we've gone over this before so I will Page 206 January 10, 2012 defer to your vote. But I need to point out, just as was said, we went through all of this before. The site being utilized is utilizing a portion of the garage to reduce the cost. And the major issue is it's the right site because you're on campus where many of the trips and the demands are. CHAIRMAN COYLE: Thank you. All in favor of the motion, please signify -- COMMISSIONER FIALA: I have my button on. CHAIRMAN COYLE: Okay, all right. Go ahead. COMMISSIONER FIALA: And the reason that I was pushing for this DeVoe site is it's a much larger site, obviously, that could accommodate passengers coming and going, the buses could pull in and out, it's perfect for it. It's got 12 bays to repair them. It's also got washing areas to clean them. And, you know, when I went through the site and I went there with Mr. DeVoe, I don't remember which -- and Leo was there too, yes. Thank you. It has a second floor also. I know that Jennifer Edwards would love to get her hands on some of that space, probably to store some of her things but also to hold meetings with her groups when she gives instructions and so forth. It is a much larger site. And it's -- it might not be square on the campus but it's adj oining the campus, and we could just have that road cutting through. I mean, if we could make the money work. I mean, I can see there's resistance and nobody wants to do that. I mean, I'm not blind -- COMMISSIONER HILLER: I support you all the way. I think it's a great idea -- COMMISSIONER FIALA: I just think it's a wise thing to do. So anyway. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. Page 207 January 10, 2012 CHAIRMAN COYLE: Any opposed by like sign? COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. So-- COMMISSIONER HENNING: Bring it back the next meeting. Motion to continue until the next meeting. CHAIRMAN COYLE: Second. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign? (No response.) CHAIRMAN COYLE: Motion to continue passes unanimously. Okay, that brings us to — Item #13B1 A GRANT AGREEMENT AND ASSOCIATED FORMS BETWEEN FIFTH THIRD BANK ENTERPRISE INVESTMENT FUND AND THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY (CRA) TO ACCEPT A GRANT AWARD IN THE AMOUNT OF $255000; AND A BUDGET AMENDMENT FOR GRANT REVENUES IN THE AMOUNT OF $255000 TO BE APPLIED TOWARDS THE CRA FY -2012 TIF GRANT PROGRAM — APPROVED MR. OCHS: Brings you to item 13.B.1, sir. This is your Community Redevelopment Agency. It's a recommendation to approve and authorize the Community Redevelopment Agency chairman to sign a grant agreement and associated forms between Page 208 January 10, 2012 Fifth Third Bank enterprise investment fund and the Bayshore /Gateway Triangle Community Redevelopment Agency to accept a grant award in the amount of $25,000 and authorize a budget amendment for grant revenues in the amount of $25,000 to be applied towards the CRA FY 2012 TIF grant program. Miss Jourdan will present. MS. JOURDAN: Good afternoon, Jean Jourdan -- CHAIRMAN COYLE: Motion to approve. COMMISSIONER HENNING: Second. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, motion to approve by me, second by Commissioner Henning and Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign? (No response.) CHAIRMAN COYLE: Good presentation. MS. JOURDAN: Thank you. CHAIRMAN COYLE: Now let's see what we can do with B.2. Item #16B2 A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA AND A GRANT APPLICANT WITHIN THE BAYSHORE GATEWAY TRIANGLE AREA. (2595 TAMIAMI TRAIL EAST, FISCAL IMPACT $3,603) — APPROVED MR. OCHS: Yes, sir. That one was moved to the -- Page 209 January 10, 2012 CHAIRMAN COYLE: I don't think David is going to have as much luck. MR. OCHS: This is a recommendation for the Community Redevelopment Agency to approve and execute a commercial improvement grant agreement between the CRA and a grant applicant within the Bayshore /Gateway Triangle area. This is moved from the consent agenda at Commissioner Hiller's request. COMMISSIONER HILLER: May I comment on why I moved it? CHAIRMAN COYLE: Sure. COMMISSIONER HILLER: I had the opportunity to sit in on the Finance Committee, the county's Finance Committee as they were discussing the financial problems of the Bayshore CRA, specifically the obligation that the CRA owes to Fifth Third Bank. And Mark Isackson basically said, and I think he's absolutely correct, and that is we just can't have anymore contracts. We don't have the funds to repay the obligation. And quite frankly, what money we have has to be set aside to repay that debt. I mean, it's as simple as that. I would love to, you know, see it otherwise. But unfortunately that's the reality we're in. And so I think we need to respect what the opinion of the finance committee was and what Mark Isackson's recommendation was, and that is, you know, no more contracts. At least not until such time as we know, you know, with any more certainty as to what's going on. And it's a big problem. CHAIRMAN COYLE: Commissioner Fiala. COMMISSIONER FIALA: You know, I think it's important that we do things like this in order to continue to spruce up that area and improve the area. Because as we do, our property values will also go up. And as the property values go up, the TIF goes up and that helps us to pay off some of these things. So I don't think we should overlook the fact that it's actually very important to the area. Each project that is improved, each appearance that looks better, each Page 210 January 10, 2012 business that is -- improves their entryway, as well as their insides, I think it's just really important that we do that to help attract new businesses to the area. That's another good thing. Who knows, maybe we can really get that area to be a vital area with a great amount of TIF. I don't think we'll ever pay off that debt. $3,000, $7,000. $3,000 is not going to help it any at all. We're not going to pay it off at this time. But as Mark Isackson told me when we were talking to him, yes, but he says, you know, we'll be able to borrow again on that. That isn't a problem. He says, I think this can be extended. Just right now don't panic, because we're going to move forward with this. So I had a talk with him about this myself. So I would say go forward with it and I'd like to make a motion to approve. CHAIRMAN COYLE: Okay. Commissioner Henning -- oh, I'm sorry, is there a second? I'll second it. Commissioner Henning? COMMISSIONER HENNING: Question. Leo, do you have any knowledge of what the recommendation's going to be? MR. OCHS: From the finance committee? COMMISSIONER HENNING: Correct. MR. OCHS: No, sir. Well, I know there's been some options discussed. And Commissioners Fiala and Henning are both right, those were two, I think, of three different scenarios. But the recommendation from the finance committee -- COMMISSIONER HENNING: Hiller, not Henning. MR. OCHS: I'm sorry. Hiller. Yes, sir, I'm sorry. That recommendation is still forthcoming. COMMISSIONER HENNING: So they're both right. MR. OCHS: Well -- and again, I was not at that meeting. David I believe may have been. But I know they talked about different options, depending upon where the Board wanted to land with respect Page 211 January 10, 2012 to this future of the CRA. Everything from shutting down the CRA and just paying off the debt and doing nothing else to continue the programs with the intention of being able to refinance the debt at a future time to some middle ground where they begin to scale back their operating expenses. CHAIRMAN COYLE: David was there, he can speak with authority on -- COMMISSIONER HILLER: Actually, were you there, David? I don't -- were you there? MR. JACKSON: David Jackson, Executive Director for the Bayshore /Gateway Triangle CRA. I was not at that meeting. However, I have been in meetings with the Clerk of Court's staff, a person from that, and also from the budget office. What we have here, if I may, you have two issues. One is this grant approval. Commissioner Hiller is bringing up another subject which is not related to this. So what I would like is a motion and second to approve this grant. And I have Mr. Fowle here if he needs to talk on the grant. The second issue for Mr. Henning now and for Commissioner Hiller is the finance committee has been tasked to bring back a recommendation to you at a later date. So that's coming to you. And then you will get an opportunity to talk about that. So we have two issues going on. We have one that's on the agenda and one that is supposed to come back to you at a future date, and that is a time that you can discuss it then. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HENNING: That's why I asked you, Leo, okay, that's why I asked you the question. This should be a good example. So do you have any idea when they're going to -- the finance committee -- Crystal? Page 212 sir. January 10, 2012 MR. OCHS: I'm going to ask Mr. Isackson, since he's now here, MR. ISACKSON: I can answer that. COMMISSIONER HENNING: Well, there we go. COMMISSIONER HILLER: The guy himself. MR. ISACKSON: Good evening, Commissioners, Mark Isackson. The finance committee meets on the 27th of January. We're going to have a report put together for the group to take a look at. And then once the finance committee scrubs that report, then we'll bring it back to you, probably the first or second meeting in February. COMMISSIONER HENNING: Is -- one of the recommendations is not to approve grants like this? MR. ISACKSON: Well, look it, if you want to start getting into it we can right now. But I think that you've got a couple different paths you can go along. If you subscribe to the theory that you've got to set aside dollars to pay off the debt in 2014, that's going to be one series of scenarios. If you subscribe to the theory that you want the plan to carry out, that's going to be another set of scenarios. You guys are going to make a decision in terms of how you want to handle that. There are a couple different scenarios you can approach it with, you know. And I think the committee's -- you've asked the finance committee to make a recommendation. They're going to make a recommendation. They're going to tell you what the facts are and then you'll have to make a decision on which particular path you want to choose. COMMISSIONER HENNING: Okay. Thanks. CHAIRMAN COYLE: Okay, we have a motion, I think. COMMISSIONER FIALA: Yeah. COMMISSIONER HENNING: You know, I'm going to support the motion, because I could also reconsider it. Page 213 January 10, 2012 MR. MITCHELL: Sir, we do have a speaker, if you would like to hear. CHAIRMAN COYLE: All right, go ahead. MR. MITCHELL: Mr. Fowle. MR. FOWLE: My name is Ronald Fowle. I own Naples Car Wash. We're going to do three specific things: One is paint the outside of the building. Number two is to correct the pole sign that's out front, some of the vinyl lettering is starting to get rather shoddy. And the third thing we would be doing is trimming the trees. Twelve years ago when we rebuilt the place the Planning Department made us put a lot of trees in. Now we have a bunch of trees growing into one another, so we'd like to thin it out a little bit, make it look a little bit better. CHAIRMAN COYLE: Why don't we have the Planning Department trim out the trees -- COMMISSIONER HILLER: Right, they should pay for it. We'll take it out of their budget. CHAIRMAN COYLE: I think that would be a good lesson. Would you like to do that? MR. FOWLS: I'd just be happy with the grant so we can get this over with. CHAIRMAN COYLE: Okay, all in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: It passes 3 -1 with Commissioner Hiller dissenting. COMMISSIONER HILLER: And I'd like to add a comment. COMMISSIONER FIALA: Can I ask David a question? Dave? Page 214 January 10, 2012 Not you Mark, David. The CRA still owns some land where you took that deteriorating -- those deteriorating houses and the slum places down, right, but we never built anything on that because the market wasn't ready. And that -- the plan is still at some point in time to build middle income housing so that brings a different element onto that street and will attract other different elements. So we have land to sell that will help on this thing. And hopefully as those houses sell and other people, we're hoping more of a middle income category come in there, the property values will rise and there will be more TIF there. And I think that that's an excellent plan going forward, because that's what we're trying to do is bring that area up. Get rid of the blight, get rid of the slums. And so I just wanted to mention on the record that I really fully support that. Once the time is right, I understand that. CHAIRMAN COYLE: Okay. We're either going to have to take a break or else we'll do correspondence and communication fairly quickly. Do you think we can do that? Item #14 PUBLIC COMMENTS ON GENERAL TOPICS COMMISSIONER HENNING: Is there any public speakers? MR. OCHS: You have public comment on general topics? MR. MITCHELL: Sir, we have no speakers registered. We had one gentleman but he unfortunately had to leave. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 215 January 10, 2012 CHAIRMAN COYLE: Okay. County Manager, you have anything? MR. OCHS: No, sir. CHAIRMAN COYLE: County Attorney? MR. KLATZKOW: No, sir. CHAIRMAN COYLE: Okay, Commissioner Hiller? COMMISSIONER HILLER: Yeah. Happy New Year. MR. MITCHELL: Happy New Year. COMMISSIONER HILLER: Happy New Year. And you know, it's the year -- I have to tell you something, it's really interesting. It's the year of the black water dragon. The black water dragon. Yeah, Chinese New Year. And the Chinese do not believe it's the end of the world. So if you're going to place your bets, I would go with the Chinese and not the Mayans, cause the Chinese are here and doing very well and the Mayans are gone. That's my comment. CHAIRMAN COYLE: By the way, just for your information, they found an error in the Mayan calendar. They're off by 100 years. COMMISSIONER HILLER: Oh, really? CHAIRMAN COYLE: Yes. COMMISSIONER HILLER: So I hope that it was 100 years ago. CHAIRMAN COYLE: No, it's 100 years from now. COMMISSIONER HILLER: Good, so we're lucky. COMMISSIONER FIALA: I might be around. You never can tell. CHAIRMAN COYLE: You've got a pretty good record. COMMISSIONER FIALA: I know. CHAIRMAN COYLE: It's up to you now. COMMISSIONER FIALA: Just a quick one, and that is I was out at Port of the Islands the other day and they're still looking for a fire station. And I'm just going to suggest to all of our Commissioners, if you -- everybody's bright up here, somebody might come up with an Page 216 January 10, 2012 idea. They've got the building, we already own that building, and they've got all the equipment. We don't need to buy equipment. And they've got all their people hired except they have to keep them in a motel because there's nothing inside this building to accommodate them. The estimate according to the Port of the Islands residents there was it would cost about $400,000 to fix the inside, give them sleeping rooms and everything that they need for a fire station. But of course we don't have the money right now. But I was just wondering if you could think about it. I'm trying to think of grants that can be available, any way that we can help these people get their fire station. So that's what I'm just asking. CHAIRMAN COYLE: For $400,000 we could build a three - bedroom, three -bath home. COMMISSIONER FIALA: This is what the residents told me. Who knows, maybe it isn't that. I don't know. CHAIRMAN COYLE: I mean, you could buy most of the homes there for less than that. I don't understand why the hotel would not provide them lodging just for the convenience of having fire protection in the area. I mean, that hotel is not booked up. But anyway, okay, well, think about it, all right. And I have nothing. Commissioner Henning, go ahead. COMMISSIONER HENNING: What happened to the pancake breakfasts? That's historically how the fire departments did it up north. I would recommend not having Twinkie sales because Twinkie is preparing to file Chapter 11. COMMISSIONER HILLER: Sad. COMMISSIONER FIALA: Is it really? COMMISSIONER HENNING: Yes, it is. COMMISSIONER HILLER: That's really sad. Page 217 January 10, 2012 Can I add to your comment about pancake sales? There was something that Pam said that really struck me. When she was talking about Sebring and all the events they were having at that airport. We should find out what kind events, more about those events, because those would actually be really great to have at our airport. You know how they were doing a pancake breakfast fly -in? That's cool. CHAIRMAN COYLE: Everglades has had those on many occasions, and it does attract people coming in. COMMISSIONER FIALA: And Marco does too, the CAP and on Marco Island have these things. COMMISSIONER HILLER: Right. But we don't do anything like that at Immokalee, you know. We could have like a barbecue fly -in or something, I mean. It could be cute. CHAIRMAN COYLE: That's because nobody in their right mind would bring their plane into Immokalee with the current state of affairs there. I would not fly into Immokalee. I would not have my airplane tied down there. I would not have it placed in a hangar because it's like the wild, wild west out there. COMMISSIONER HENNING: But I'd go take my boats to Remuda Ranch or Port of the Isles for a pancake breakfast. COMMISSIONER HILLER: Yeah, I think it's a great idea. I just really like that idea and I was just thinking about that, you know, as -- COMMISSIONER FIALA: If I find out about one I'll let you know. COMMISSIONER HENNING: Motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: All in favor, signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Page 218 January 10, 2012 We are adjourned. Thank you very much. We'll see you. * * * * 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 CLERK OF COURTS TO RELEASE A SECURITY WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR WORK ASSOCIATED WITH EXCAVATION PERMIT NO. 59.835 (LIVINGSTON LAKES COMMERCIAL EXCAVATION) — CLERK STAFF POSTED THE TRANSACTION ON DECEMBER 4, 2006 USING REFERENCE #724738 Item # 16A2 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR FOXFIRE ENTRANCE REVISIONS, KINGS WAY AND DAVIS BOULEVARD AND TO RELEASE ANY UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — THE FOXFIRE HOA IS LOCATED AT 1030 KINGS WAY, NAPLES Item #I 6A3 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITY FOR WALDORF PLAZA, (F /K/A BOCA BARGOONS) AT 4424 TAMIAMI TRAIL WEST, AND TO RELEASE ANY UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT — THE WATER -SEWER Page 219 January 10, 2012 DISTRICT ACCEPTS THE FINAL AND UNCONDITIONAL CONVEYANCE OF THE SEWER UTILITY FACILITY Item # 16A4 WATER AND SEWER UTILITY FACILITIES FOR FIDDLER' S CREEK, PHASE 3, UNIT 4 AND TO RELEASE ANY UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT — THE WATER -SEWER DISTRICT ACCEPTS THE FINAL AND UNCONDITIONAL CONVEYANCE OF THE SEWER UTILITY FACILITY Item #16A5 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR LANDSCAPER'S CHOICE, 218 SABLE PALM ROAD, AND TO RELEASE ANY UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR THE DEVELOPER' S DESIGNATED AGENT— THE WATER -SEWER DISTRICT ACCEPTS THE FINAL AND UNCONDITIONAL CONVEYANCE OF THE SEWER UTILITY FACILITY Item # 16A6 RECORD THE FINAL PLAT OF REGAL ACRES PHASE ONE, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W /STIPULATIONS Item # 16A7 Page 220 January 10, 2012 EASEMENT AGREEMENT WITH THE COUNTRY CLUB OF NAPLES AND AN EASEMENT AGREEMENT WITH ROYAL POINCIANA GOLF CLUB FOR THE CONVEYANCE TO COLLIER COUNTY OF TWO DRAINAGE, ACCESS AND MAINTENANCE EASEMENTS NECESSARY TO COMPLETE MAINTENANCE WORK WITHIN THE GORDON RIVER EXTENSION TO PREVENT UPSTREAM FLOODING. FISCAL IMPACT: $46,164.50 (PROJECT NO. 60117) — THE EASEMENT FROM THE COUNTRY CLUB OF NAPLES CONTAINS 0.32 ACRES OF DONATED PROPERTY, THE EASEMENT FROM ROYAL POINCIANA GOLF CLUB CONTAINS 3.43 ACRES PURCHASED AT MARKET VALUE $46,000 Item # 16A8 — Moved to Item # l OF (Per Agenda Change Sheet) Item # 16A9 A 1 -YEAR EXTENSION OF THE REQUIRED TIME FRAME FOR JOB CREATION FOR VALUECENTRIC, LLC, AN APPROVED PARTICIPANT IN THE JOB CREATION INVESTMENT PROGRAM & ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM, DUE TO UNFORESEEN DELAYS EXPERIENCED BY A KEY CUSTOMER AND CHALLENGES IN IDENTIFYING QUALIFIED SOFTWARE DEVELOPMENT CANDIDATES — NO INCENTIVE PAYMENT WILL BE ISSUED AS THE COMPANY IS CURRENTLY HEADQUARTERED IN ORCHARD PARK, NEW YORK AND HASN'T MEET THE SPECIFIC REQUIREMENTS OF THE PROGRAM Item # 16A 10 — Moved to Item # l OE (Per Agenda Change Sheet) Page 221 January 10, 2012 Item #16A1 1 FYI 1-12 FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5310 GRANT AWARD IN THE AMOUNT $262,050, AUTHORIZE THE NECESSARY BUDGET AMENDMENTS AND APPROVE PURCHASE OF THREE (3) PARATRANSIT VEHICLES UTILIZING THE FUNDS — FOR REPLACEMENTS PURCHASED IN 2006 & 2007 PER THE FTA Item #16B 1 COMMERCIAL BUILDING IMPROVEMENT GRANT 05/2011 AGREEMENT BETWEEN THE BAYSHORE /GATEWAY TRIANGLE CRA AND BE HOME REALTY, LLC DUE TO CERTAIN PERMITTING AND SITE DEVELOPMENT PLAN CHANGE REQUIREMENTS. (1712 COMMERCIAL DRIVE, FISCAL IMPACT: NONE) — EXTENDING THE AGREEMENT FROM JANUARY 11, 2012 TO JULY 11, 2012 Item # 16B2 — Moved to Item # 13132 (Per Agenda Change Sheet) Item #16C1 RESOLUTION 2012 -01: A) UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; B) A FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD FORM RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT; AND, C) A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND FLORIDA DEPARTMENT OF FINANCIAL SERVICES, Page 222 January 10, 2012 DIVISION OF TREASURY TO ESTABLISH AN INTEREST BEARING ESCROW ACCOUNT Item #I 6C2 BUDGET AMENDMENTS ASSOCIATED WITH HAZARD MITIGATION GRANT PROGRAM AGREEMENT NUMBER 11 HM- 3E- 09 -21 -01 -026 WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, TOTALING $36099455 TO APPLY TOWARD THE COSTS ASSOCIATED WITH THE INSTALLATION OF 1,430 LINEAR FEET OF SIX - INCH HIGH DENSITY POLYETHYLENE LEACHATE PIPE AT THE COLLIER COUNTY LANDFILL Item # 16D 1 SUBRECIPIENT AGREEMENT FOR A DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FUNDED CONTINUUM OF CARE GRANT (COC) SHELTER PLUS CARE (S +C) GRANT THAT WAS ACCEPTED BY THE BOARD ON OCTOBER 11, 2011 — THE HOUSING HUMAN AND VETERAN SERVICES DEPARTMENT WILL COLLABORATE WITH THE DAVID LAWRENCE MENTAL HEALTH CENTER TO PROVIDE HOUSING AND SUPPORT SERVICES FOR QUALIFYING FAMILIES FOR A PERIOD OF FIVE YEARS Item # 16D2 CHAIRMAN TO SIGN CERTIFICATIONS REQUIRED BY THE STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES (DCF) IN ORDER TO BE ELIGIBLE TO ACCEPT THE AWARDED 2012 CHALLENGE GRANT FUNDING — Page 223 January 10, 2012 PROVIDING ASSISTANCE FOR COLLIER COUNTY RESIDENTS EXPERIENCING HOMELESSNESS THRU ST. MATTHEW' S HOUSE AND THE SHELTER FOR ABUSED WOMEN AND CHILDREN, HELPING TO INCREASE THE INFORMATION MANAGEMENT SYSTEM KNOWN AS HMIS UTILIZED BY HOUSING HUMAN AND VETERAN'S SERVICES Item #I 6D3 BUDGET AMENDMENT IN THE AMOUNT $18,080 RECOGNIZING REVENUE AND APPROPRIATE EXPENDITURES FROM COLLECTION OF CO- PAYMENTS & CONTRIBUTIONS FROM THE HOUSING, HUMAN AND VETERAN SERVICES, SERVICES FOR SENIORS PROGRAM — FOR IN -HOME SUPPORT SERVICES AND ADULT DAY CARE FOR THE COUNTY'S FRAIL AND ELDERLY THROUGH MONTHLY CO- PAYMENT SERVICES DETERMINED BY HOUSEHOLD INCOME AND BASED ON A SLIDING FEE SCHEDULE Item #16D4 AN AMENDMENT TO THE SUBRECIPIENT AGREEMENT FOR CATHOLIC CHARITIES TO RECOGNIZED BOARD APPROVED CHANGES IN THE HPRP ADMINISTRATIVE PLAN — REVISING THE AMOUNT ALLOWED FOR RENT AND UTILITY ASSISTANCE FOR ELIGIBLE HOUSEHOLDS FROM $1200 TO $2500 IN FUNDS Item #16D5 Page 224 January 10, 2012 FUNDING FROM THE COLLIER COUNTY 4 -H CLUBS FOUNDATION, INC. IN THE AMOUNT OF $459000 FOR THE 4- H OUTREACH PROGRAM MANAGED BY THE COLLIER COUNTY UNIVERSITY OF FLORIDA/IFAS EXTENSION DEPARTMENT, $3,000 IN ANTICIPATED REVENUE FROM PRIVATE CONTRIBUTIONS OF 4H OUTREACH PARTICIPANTS, AND A BUDGET AMENDMENT IN THE AMOUNT OF $489000 — FOR THE OUTREACH COORDINATOR SALARIES AND AFTER SCHOOL AND IN- SCHOOL EDUCATIONAL ACTIVITIES Item #16E1 LICENSE AGREEMENT WITH SPECTRASITE COMMUNICATIONS, LLC, FOR COMMUNICATION TOWER SPACE FOR THE SAFEPOINT LOCATION SYSTEM, A COMPONENT OF THE COUNTY'S 800 MHZ PUBLIC SAFETY RADIO NETWORK, AT A FIRST YEAR'S RENT COST OF $75800 — EXTENDING THE AGREEMENT FOR THREE (3) SEPARATE FIVE (5) YEAR TERMS Item #I 6E2 ANTENNA SITE AGREEMENT AND AN ADDENDUM TO ANTENNA SITE AGREEMENT WITH SBA TOWERS II, LLC, FOR COMMUNICATIONS TOWER SPACE NEEDED FOR THE COUNTY'S SAFEPOINT LOCATION SYSTEM, A COMPONENT OF THE COUNTY'S 800 MHZ PUBLIC SAFETY RADIO NETWORK, AT A FIRST YEAR'S RENT COST OF $79800 — EXTENDING THE AGREEMENT FOR FOUR SEPARATE TERMS FOR FIVE YEARS EACH TERM Page 225 January 10, 2012 Item #I 6E3 SELECTION OF FIRMS UNDER RFP #12 -5809 — ENGINEERING DESIGN FOR RENOVATION /REPLACEMENT OF HVAC SYSTEMS IN J -1 SECTION OF COLLIER COUNTY NAPLES JAIL CENTER - DIRECT STAFF TO BRING A NEGOTIATED CONTRACT TO THE BOARD FOR SUBSEQUENT APPROVAL — THE SHORTLIST OF FIRMS IS AS FOLLOWS: H2 ENGINEERING, INC., TLC ENGINEERING FOR ARCHITECTURE, INC., AND CH2M HILL Item #16E4 — Continued to the January 24, 2012 BCC Meeting (Per Agenda Change Sheet) ASSUMPTION AGREEMENT FROM TECTRANS, INC. TO KEOLIS TRANSIT AMERICA, INC. FOR MANAGEMENT CONTRACT FOR THE COLLIER AREA TRANSIT (CAT) FIXED ROUTE AND PARATRANSIT PROGRAM Item #16E5 AMENDMENT #1 TO CONTRACT #11-5666 "BAREFOOT BEACH CONCESSIONAIRE AGREEMENT" WITH DAY -STAR UNLIMITED, INC. D /B /A CABANA DAN'S AND AUTHORIZING CHAIRMAN TO SIGN THE AMENDMENT — AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16E6 REPORTS AND RATIFY STAFF - APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR THE PERIOD NOVEMBER 28 THROUGH DECEMBER 20, 2011 Page 226 January 10, 2012 Item #I 6E7 THE ADDITION OF THE CLASSIFICATION OF BUSINESS DEVELOPMENT COORDINATOR TO THE 2012 FISCAL YEAR PAY AND CLASSIFICATION PLAN — AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16F 1 — Moved to Item # I OC (Per Agenda Change Sheet) Item #16172 RESOLUTION 2012 -02: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2011 -12 ADOPTED BUDGET Item # 16173 — Moved to Item # 1 OD (Per Agenda Change Sheet) Item #161-11 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE ENCA LUNCHEON ON OCTOBER 20, 2011. $18 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE HAMILTON HARBOR YACHT CLUB, 7065 HAMILTON AVE., NAPLES Item #I 6H2 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC Page 227 January 10, 2012 PURPOSE. SHE ATTENDED THE DONALD RUMSFELD LUNCHEON ON NOVEMBER 9, 2011. $125 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE RITZ- CARLTON, NAPLES Item #I 6H3 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE SCORE NAPLES LUNCH ON DECEMBER 5, 2011. $22.50 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (SWFRPC) 1926 VICTORIA AVENUE, FT. MYERS Item #I 6H4 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED A WOMEN'S NETWORK LUNCH ON DECEMBER 8, 2011. $7.50 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT ROBERTS RANCH, 1215 ROBERTS AVE., IMMOKALEE Item #16H5 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE ENCA LUNCHEON ON DECEMBER 15, 2011. $18 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT HAMILTON HARBOR YACHT CLUB, 7065 HAMILTON AVE., NAPLES Page 228 January 10, 2012 Item # 16H6 COMMISSIONER COLETTA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED EASTERN COLLIER'S CHAMBER OF COMMERCE BREAKFAST AT ROMA HAVANA RESTAURANT, IMMOKALEE, FL ON DECEMBER 7, 2011. $15 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET — HELD AT THE EASTERN CHAMBER'S BUILDING, 1300 N. 15TH STREET, SUITE 2, IMMOKALEE Item #16117 COMMISSIONER COLETTA' S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED THE PHYSICIAN LED ACCESS NETWORK (PLAN) HOLIDAY OPEN HOUSE AT PLAZA WALK, 2500 TAMIAMI TRAIL NORTH, SUITE #202, NAPLES, DECEMBER 8, 2011. $5 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Item #1611 & #1612 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 229 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 10, 2012 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Miscellaneous Correspondence: 1) Public Safety Coordinating_ Council: Meeting Minutes 9/30/10; Meeting Minutes 3/31/11 BOARD OF COUNTY COMMISSIONERS ADVISORY BOARD MINUTES January 10, 2012 2. ADVISORY BOARD MINUTES TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Airport Authority: Minutes of 10/3/11 2) Bayshore Beautification MSTU Advisory Committee: Minutes of 1015111 3) Collier County Coastal Advisory Committee: Minutes of 10/13/11 4) Collier County Planning Commission: Minutes of 9/29/11; 10/6/11 5) Development Services Advisory Committee: Minutes of 1015111 6) Emergency Medical Services Advisory Council: Minutes of 11/18/11 7) Horizon Study_ Oversight Committee: Minutes of 6/17/11 8) Immokalee Beautification Advisory Committee: Agenda of 9/28/11 Minutes of 7/27/11; 9/28/11 9) Ochopee Fire Control District Advisory Committee: Minutes of 10/12/11 10) Pelican Bay Services Division Board: Agenda of 1015111; 10/26/11; 11/2/11 Minutes of 9/7/11; 1015111 11) Radio Road Beautification Advisory Committee: Agenda of 11/14/11 Minutes of 10 /10 /11 12) Vanderbilt Beach Beautification MSTU Advisory Committee: Agenda of 10/13/11; 11/3/11 Minutes of 5/5/11; 10/13/11 January 10, 2012 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 26, 2011 THROUGH DECEMBER 2, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #I 6J2 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 3, 2011 THROUGH DECEMBER 9, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #I 6J3 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 10, 2011 THROUGH DECEMBER 16, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #I 6J4 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 17, 2011 THROUGH DECEMBER 23, 2011 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 17A ORDINANCE 2012 -01 (AMENDING ORDINANCE 1976 -57) AND ORDINANCE 2012 -02 (AMENDING ORDINANCE 1987 -60): ADOPTING TWO ORDINANCES THAT AMEND THE CODE OF LAWS AND ORDINANCES AS IT RELATES TO PUBLIC SOLICITATIONS OF CONTRIBUTIONS AND THE ISSUANCE Page 230 January 10, 2012 OF PERMITS FOR CHARITABLE SOLICITATION AT ROAD INTERSECTIONS There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:32 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS /EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ."1. W. FRED W. COYLE, Cgirman ATTEST: DWIGHT E_.IJRQ CLERK V. v1 Attest at *9 ! '� These minute pproved by the Board on 2 (1- 20 'Z , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 231