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BCC Minutes 04/24/2012 R BCC REGULAR MEETING MINUTES APRIL 24, 2012 Apri124, 2012 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 24, 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 Georgia Hiller Tom Henning ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Ian Mitchell, BCC Executive Manager Mike Sheffield, Business Operations Manager - CMO Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 April 24, 2012 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice - Chairman; Commissioner, District 5; CRAB Vice -Chair Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Georgia Hiller - BCC Commissioner, District 2 Tom Henning - BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -249 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 April 24, 2012 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112 -5356, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Smith - New Hope Ministries 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. March 27, 2012 - BCC /Regular Meeting 3. SERVICE AWARDS 4. PROCLAMATIONS Page 2 April 24, 2012 A. Proclamation recognizing members of the 856th Quartermaster Support Company, 260th Military Intelligence Battalion (L), 50th Regional Support Group of the Florida Army National Guard deploying to Afghanistan. To be accepted by Captain Garcia, Commander and First Sergeant Caballo. Sponsored by Commissioner Coletta. B. Proclamation recognizing the Greater Naples Branch of the American Association of University Women (AAUW) Charitable Foundation, Inc. 2012 Women of Achievement: Pat Carroll, Sharon Hood, Franny Kain, Rebecca Newell, Vi Steffan, Cloe Waterfield, Christine Wheeler and Irene Williams. To be accepted by Vi Steffan, honoree and AAUW Board Member. Sponsored by Commissioner Hiller. C. Proclamation designating April 2012 as Drowning Prevention Month in Collier County. To be accepted by Paula DiGrigoli, Executive Director, Safe & Healthy Children's Coalition of Collier County. Sponsored by Commissioner Coyle. D. Proclamation designating April 22 -28, 2012 as Crime Victim's Rights Week in Collier County. To be accepted by the Collier County Sheriffs Office, the State Attorney's Office, Project Help, Inc., and representatives from the Shelter for Abused Women and Children. Sponsored by the Board of County Commissioners. E. Proclamation recognizing and congratulating NCH North Naples Hospital on receiving the WRAP award for its continued efforts to promote waste reduction, reuse, recycling and environmental awareness. To be accepted by Michele Thoman, Chief Operating Officer; Hill Madere, EVS Manager; and Brian P. Doyle, LEED GA, Engineering Mechanic. Sponsored by Commissioner Hiller. F. Proclamation recognizing the mission of the American Cancer Society's Immokalee Relay for Life and designating April 27th and 28th as Relay for Life Days in Immokalee. To be accepted by Melissa Kahn, American Cancer Society. Sponsored by Commissioner Coletta. G. Proclamation recognizing the "Courage to Remember" exhibit at the North Collier Regional Park. To be accepted by Barry Williams, Director, Collier County Parks & Recreation; Nancy Olson, Regional Manager, Collier Page 3 April 24, 2012 County Park & Recreation; Amy Snyder, Executive Director, Holocaust Museum of Southwest Florida; and Ron Kaplan, Board Member, Holocaust Museum of Southwest Florida. Sponsored by Commissioner Hiller. 5. PRESENTATIONS A. This item to be heard at 1:00 p.m. Immokalee Airport update by the Florida Army National Guard 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS Item 8 and 9 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 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. VA- PL2011 -1410, Wahl Variance — A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL20110001410, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 15 feet to 9.3 feet on the eastern boundary of the property located at 8 Pelican Street West, Isles of Capri in Section 5, Township 52 South, Range 26 East in Collier County, Florida. 9. ADVERTISED PUBLIC HEARINGS A. Recommendation to approve a Proposed Small -Scale Amendment to the Collier County Growth Management Plan, Ordinance 89 -05, as Amended, related to the Orange Blossom/Airport Crossroads Commercial Subdistrict, for transmittal to the Florida Department of Economic Opportunity (DEO). [Adoption Hearing] B. Recommendation to approve Proposed Evaluation and Appraisal Report - Based Amendments to the Collier County Growth Management Plan, Ordinance 89 -05, as Amended, for transmittal to the Florida Department of Economic Opportunity (DEO) for review and Objections, Recommendations Page 4 April 24, 2012 and Comments (ORC) response. [Transmittal Hearing] 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Tourist Development Council. B. Advisory Board Vacancies press release April 5, 2012 with a deadline of April 26, 2012. 11. COUNTY MANAGER'S REPORT A. This item to be heard at 10:00 a.m. This item continued from the April 10, 2012 BCC Meeting. Recommendation to provide direction to resolve the outstanding Quincy Square Homeowners Association discussion topics from the March 27, 2012 meeting, Agenda Item #1 I F. (George Yilmaz, Public Utilities Administrator) B. Recommendation to approve Neighborhood Stabilization Program Developer Agreements with Habitat for Humanity of Collier County, Inc. thereby transferring ownership in real property and providing access to $3,495,749 in federal grant funding. (Kim Grant, Housing, Human and Veteran Services Interim Director) C. Recommendation to approve the Parks and Recreation Department to be a sponsor and operate the 2012 Summer Food Service Program at designated recreation camps. (Steve Carnell, Interim Public Services Administrator) D. Recommendation to approve the Collier Area Transit (CAT) Paratransit Fare Study and a Fare increase of $1 per one -way trip for the Transportation Disadvantaged (TD) and Americans with Disabilities Act (ADA) programs. (Michelle Arnold, Alternative Transportation Modes Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY Page 5 April 24, 2012 A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the sewer utility facility for Liebig Auto Sales, 3301 Westview Drive, and to authorize the County Manager, or his designee, to release the Utility Performance Security to the Project Engineer or the Developer's designated agent. 2) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Brightling at Talis Park, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Fairgrove at Talis Park, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Sanctuary Pointe at Sterling Oaks with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance Page 6 April 24, 2012 security and acceptance of the plat dedications. 5) Recommendation to approve the release of a $46,200 lien for payment of $15,881.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Maria D. and Sergio Gomez, Code Enforcement Board Case Number CESD20100003695, relating to property located at 4983 17th Avenue SW, Collier County, Florida. 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 an extension for completion of subdivision improvements associated with the Isla Del Sol at Fiddler's Creek subdivision pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. 7) Recommendation to award Bid #12 -5872, "Purchase and Delivery of Metal and Polyethylene Pipe" to Ferguson Enterprises, Inc. for an estimated annual expenditure of $60,000. 8) Recommendation to approve the release of a $91,000 lien for payment of $562.56, in the Code Enforcement Action entitled Board of County Commissioners vs. Federal National Mortgage Association, Code Enforcement Special Magistrate Case Number CEPM20110003647, relating to property located at 4973 21 st Place SW, Collier County, Florida. 9) Recommendation to approve and accept the assessment of liquidated damages to Tectrans/Keolis Transit America in the amount of $5,500 for noncompliance of the Drug and Alcohol program as required by Collier County and the United States Department of Transportation (US DOT) and Federal Transit Administration (FTA) regulations, as defined in Title 49 Code of Federal Regulations (CFR), Parts 40 and 655. 10) Recommendation to approve the partial release of six liens in the Code Enforcement actions entitled Board of County Commissioners vs. Jean Cohen (as Trustee), relating to property known as Parcel No. Page 7 April 24, 2012 39440160005, Golden Gate Estates, Collier County, Florida. 11) Recommendation to approve Change Order #3 and to realize a net cost savings of $129,057.75 on Contract No. 10 -5342, Project #60073/60092 for "SR84 (Davis Boulevard) Radio Road to Collier Boulevard; SR/CR 951 Intersection Improvements; Collier Boulevard (SR/CR 95 1) North to Magnolia Pond Drive; and Collier Boulevard (CR 95 1) North to the Golden Gate Canal ". 12) Recommendation to authorize staff to advertise an amendment to Collier County Ordinance No. 2009 -44, The Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit (MSTU) Ordinance, to remove the six -year sunset provision and provide for dissolution of the MSTU upon recommendation by the MSTU Advisory Committee and approval by the Board of County Commissioners. 13) Recommendation to reject ITB No. 12 -5820 to replace White Boulevard Bridge #034021 — "Accelerated Bridge Construction Projects: White Boulevard and 23rd Street SW and 23rd St. SW Safety Improvements" and authorize the re- advertisement of the project. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to provide "after- the - fact" approval of the submission of the attached Community Development Block Grant (CDBG) Application to Collier County Housing and Human Service Department seeking grant funding in the amount of $360,000 to support further implementation of the services provided by the Immokalee Business Development Center (IBDC). C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve a work order in the amount of $648,324.35 to Haskins, Inc., for construction tasks set forth in Request for Quotation (RFQ) #08- 5011 -60, Davis Boulevard from Santa Barbara Boulevard to Radio Road. Page 8 April 24, 2012 2) Recommendation to waive competition and authorize sole source contract renewals with GE Intelligent Solutions for an estimated $100,000 and GrayMatter Systems for an estimated $195,000 for existing software licensing for the Public Utilities Division's Supervisory Control and Data Acquisition systems, SCADA Software and Support Renewal Projects #71056 and #72541. 3) Recommendation to approve the Satisfaction and Release of Resolution 09 -52, also known as the Payment Plan Agreement and Lien Agreement between Tamiami Square of Naples, LLC and the Collier County Water -Sewer District. 4) Recommendation to authorize a Budget Amendment of $500,000 to move funds from Project No. 70050, Master Pump Station Technical Support Project, to Project No. 73969, South County Water Reclamation Facility Technical Support Project. 5) Recommendation to approve a Donation Agreement with Jean Cohen, Trustee, and accept the donation, by Warranty Deed, of a 5.3 -acre parcel of land on Shady Hollow Boulevard to be used as a future public water supply well site and for associated Public Utilities purposes at a cost not to exceed $1,200. 6) Recommendation to approve a Change Order under the fixed term engineering Contract Number 09 -5262 to Malcolm Pirnie, Inc., in the amount of $291,746 for support services for the South Reverse Osmosis Wellfield Raw Water Transmission Main Repair, Project #70030, and in the ongoing litigation related to the project, Collier County v. John Reynolds & Sons, Inc., et al., Case No. 10- 6658 -CA. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve reprogramming of Community Development Block (CDBG) Grant funds in the amount of $208,223, and to sign two subrecipient agreements providing for a $77,845 CDBG grant to the Housing Development Corporation of SW Florida, Inc. (HDC) for Homebuyer Education and Counseling and a $91,122 CDBG grant to The Shelter for Abused Women & Children, Inc. for their Legal Services Program. The balance of $39,256 of the Page 9 April 24, 2012 reprogrammed funding will be held until allocated to another project, at that time the item will be brought before the BCC. 2) Recommendation to approve an amendment to the subrecipient agreement with David Lawrence Mental Health Center, Inc. (DLC) with no change in funding level and allowing for additional costs of design, permits, insurance, as well as minor administrative changes. 3) Recommendation to award Request for Proposal (RFP) #12 -5835 Museum Exhibit Design, Fabrication and Installation to Creative Arts Unlimited, Inc. and authorize the Chairman to sign the contract in the estimated amount of $75,957.44 in FY2012. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve and ratify the modification of a classification specification in the 2012 Fiscal Year Pay and Classification Plan made from January 1, 2012 through March 31, 2012. 2) Recommendation to accept the report concerning the sale and donation of items associated with the County surplus auction held on March 24, 2012, resulting in gross revenues of $361,505. 3) Recommendation to award Bid #12 -5870 Purchase and Delivery of Fertilizer to multiple vendors (projected annual expenditures: $150,000). 4) Recommendation to approve the award of ITB No. 12 -5823, "Maintenance Minor Repairs," to BQ Concrete LLC, as primary; FA Remodeling and Repairs, Inc., as secondary; and WM. J. Varian Contruction Company, Inc., as tertiary. The annual estimated amount associated with the contract is approximately $70,000. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve the Memorandum of Understanding between Collier County and Immokalee Helping Our People in Emergencies, Inc (d/b /a I HOPE, Inc.) in support of Emergency Page 10 April 24, 2012 Management activities related to natural and manmade hazards emergency response. 2) Recommendation to approve the submittal and authorize the Chairman to sign a Volunteer Fire Assistance Grant Application to the Florida Division of Forestry for equipment to combat brush fires. 3) Recommendation to waive formal competition under Purchasing Policy Section V.A.4 and approve Sarasota County's Hosted Application Service and License Agreement Amendment No. 1 to GovMax v5 under Contract #11 -5617 for an amount up to $50,000 annually for maintenance, support and enhancements to the GovMax budget software. 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2011 -12 Adopted Budget. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation recognizing May 3, 2012 as the National Day of Prayer. To be presented by Commissioner Coletta on May 3, 2012 in Everglades City at the National Day of Prayer event. Sponsored by Commissioner Coletta. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the Rotary Club of Marco Island Sunrise Breakfast on April 2, 2012. The sum of $12 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 Marco Police Foundation Luncheon on April 18, 2012, The sum of $20 to be paid from Commissioner Fiala's travel budget. Page 11 April 24, 2012 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attended the Local Chapters of Business Women Luncheon on April 25, 2012. The sum of $20 to be paid from Commissioner Fiala's travel budget. 5) A resolution of the Board of County Commissioners amending Resolution No. 2011 -235 as it relates to the reappointment of William E. Arthur. This will stagger the terms of the members of the Golden Gate Community Center Advisory Committee as approved at the BCC Board meeting dated April 10, 2012, Item IOD. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to provide after - the -fact approval of the Sheriffs Office submittal to the U.S. Department of Justice for the FY2012 COPS Hiring Program grant. 2) To obtain Board approval for disbursements for the period of March 24, 2012 through March 30, 2012 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of March 31, 2012 through April 6, 2012 and for submission into the official records of the Board. 4) Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit Court is required to report the amount of traffic infraction surcharges collected under Florida Statute 318.18(13)(a)(1) to the Board of County Commissioners. 5) Recommendation that the Board accept the investment status update report for the quarter ending March 31, 2012. K. COUNTY ATTORNEY Page 12 April 24, 2012 1) Recommendation pursuant to Collier County Resolution No. 95 -632, that the Board of County Commissioners authorize the Office of the County Attorney to represent Airport Authority Executive Director Thomas C. Curry, and Airport Manager Thomas Vergo, who are all being sued by Stephen J. Fletcher and Fletcher Flying Service, Inc., a tenant at the Immokalee Airport, in the case styled Stephen J. Fletcher and Fletcher Flying Service, Inc. v. Thomas C. Curry and Thomas Vergo, Case No. 12- 1124 -CA, Twentieth Judicial Circuit in and for Collier County, Florida. 2) Request for authorization to join the Florida Association of Counties as a plaintiff in litigation challenging the constitutionality of Chapter 2012 -33, Laws of Florida (HB 5301). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC - PL20120000308, to disclaim, renounce and vacate the County and the Public interest in part of the 30 -foot wide Public Road right -of -way Easement as originally recorded in the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". B. This item beinm continued to the May 8, 2012 BCC Meeting: This item requires that ex parte disclosure be provided by Commission members. Page 13 April 24, 2012 Should a hearing be held on this item, all participants are required to be sworn rn in. Recommendation to approve Petition VAC- PL20120000308, to disclaim, renounce and vacate the County and the Public interest in two Conservation Easements and replaced with two alternate Conservation Easements located in the same parcel of land on an interim basis, originally recorded in the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing, be held on this item, all participants are required to be sworn in VA- PL2010 -2285, Lot 80, Plantation Island, a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number VA- PL2010 -2285, granting a variance from subsection 4.02.14.C.4 of the Land Development Code (mangrove trees), on property hereinafter described in Section 24, Township 53 South, Range 29 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 14 April 24, 2012 April 24, 2012 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission meeting is now in session. Item # 1 A INVOCATION AND PLEDGE OF ALLEGIANCE — GIVEN BY PASTOR MICHAEL SMITH OF NEW HOPE MINISTRIES Would you please stand for the invocation by Pastor Michael Smith of New Hope Ministries. PASTOR SMITH: Thank you, Mr. Chairman. Let's bow our heads in prayer. Dear God in heaven, we come to you this morning, and we thank you for the many blessings that you have bestowed upon us. We realize, as mankind, often we have been poor stewards of that, but we have never denied and we have always valued the freedoms that we have because of you. And from the very beginning, it was you who inspired men and women to become great leaders, and that continues today. So today, Father, we thank you for every one of these commissioners, we ask for divine health, and then, Lord, we ask for godly wisdom for the decisions that will be made today. We bring all these things to you in Jesus' name. Amen. CHAIRMAN COYLE: Thank you. Please join us in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Okay. County manager, would you go through the changes to the agenda this morning, please. Item #2A Page 2 April 24, 2012 APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED — APPROVED AND /OR ADOPTED WITH CHANGES MR. OCHS: Yes, sir. Good morning, Mr. Chairman, members of the board. These are the proposed agenda changes for the Board of County Commissioners' meeting of April 24, 2012. The first proposed change is to move Item 16B 1 to become Item 14B 1 on your regular agenda under your Community Redevelopment Agency section of the agenda. The next proposed change is to -- excuse me. And that change is at Commissioner Henning's request. The next proposed change is to move Item 16C 1 from the consent agenda to become Item 11 E on the regular agenda. That move is made at Commissioner Coyle's request. The next change proposed is to move Item 16J5 from the constitutional officer consent agenda to become Item 13A on your regular agenda. That move is made at Commissioner Fiala's request. The next proposed change comes from the Sheriff s Department. It's an add -on item that you received yesterday. It's 16J6. It's a grant application through the Criminal Justice Department, and that change is -- as I mentioned, is at the sheriffs request due to an impending grant deadline and the need to get the chair to authorize a certificate of participation. The next proposed change is to move Item 16K1 from the county attorney consent agenda to become Item 12A on the regular agenda. That move is made at Commissioner Hiller's request. And, finally, the final proposed change is to move Item 16K2 from the county attorney's consent agenda to become Item 12B. That change is made at the request of both Commissioners Fiala and Commissioner Henning, separately. Page 3 April 24, 2012 We have two time - certain items this morning, Commissioners, or today. Item 1 I will be heard at 10 a.m., and Item 5A will be heard at 1 p.m., and that will be immediately followed by Item 4A, which is a proclamation to the National Guard, and it is also the National Guard who is making the presentation under Item 5A at 1 p.m. So it would be appropriate to present their proclamation when they're all here at 1 p.m., sir. Those are the changes that I have this morning. CHAIRMAN COYLE: Thank you. County Attorney, do you have any changes this morning? MR. KLATZKOW: No changes, sir. CHAIRMAN COYLE: Okay. We'll start with the Board of County Commissioners with respect to ex parte disclosure and other changes to the agenda; ex parte disclosure being limited to disclosure for the consent and summary agendas. We'll start with Commissioner Henning this morning. COMMISSIONER HENNING: Good morning. My ex parte communication is on the summary agenda, 17C, and that is the Planning Commission meeting packet. I do have a question. The last meeting we directed to work on the Mayhood, LLC, lease at the Immokalee airport and bring it back at the next meeting, and it's not on the agenda. Jeff, you were -- MR. KLATZKOW: She got to me -- I got her a proposal right after the meeting. It took her time to review the proposal. She got it to me late. Too late to get it really worked on. I forwarded it to Mr. Curry. It will be on the next agenda. COMMISSIONER HENNING: Okay. So everybody signed off on it except for the chairman? MR. KLATZKOW: I don't know that Mr. Curry signed off on it. Again, it came in very late in the week. I haven't had a chance to go over it with Mr. Curry yet. April 24, 2012 COMMISSIONER HENNING: Oh, okay. Thank you. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir. I have no changes to the agenda, and the only ex parte I have is for, under the summary agenda, 17C; I reviewed the staff report. CHAIRMAN COYLE: Okay. And I have no further changes to the agenda. And with respect to the consent or summary agenda, the only ex parte disclosure I have is on 17B of the summary agenda -- I'm sorry -- 17C of the summary agenda, and it consists of reviewing a staff report. Commissioner Hiller -- Fiala? COMMISSIONER FIALA: Yes. I have nothing to report on 16. On 17, I only have Item C, as the rest of you do, which is the Plantation Island appeal, zoning. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: No changes to the agenda, and no ex parte communications. CHAIRMAN COYLE: Okay, very well. Is there a motion to approve the -- COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: -- agenda today as amended? COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Coletta to approve the agenda today, as amended, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. Page 5 April 24, 2012 COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Proposed Agenda Changes Board of County Commissioners Meeting April 24, 2012 Move Item 16BI to Item 14131: Recommendation to provide "after- the - fact" approval of the submission of the attached Community Development Block Grant (CDBG) Application to Collier County Housing and Human Service Department seeking grant funding in the amount of $360,000 to support further implementation of the services provided by the Immokalee Business Development Center (IBDC). (Commissioner Henning's request) Move Item 16C1 to Item 11E: Recommendation to approve a work order in the amount of $648,324.35 to Haskins, Inc., for construction tasks set forth in Request for Quotation 08- 5011 -60, Davis Boulevard from Santa Barbara Boulevard to Radio Road. (Commissioner Coyle's request) Move Item 16J5 to Item 13A: Recommendation that the Board accept the investment status update report for the quarter ending March 31, 2012. (Commissioner Fiala's request) Add Item 16J6: Recommend that the Board of County Commissioners serve as the local coordinating unit of government for the Florida Department of Law Enforcement's Federal Fiscal Year 2012 Edward Byrne Memorial, Justice Assistance Grant (JAG) Countywide Program and authorize the Chairman to execute the Certification of Participation, designate the Sheriff as the official applicant, Sheriffs office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. (Sheriffs Department requires Board approval in order to continue in the capacity of local coordinating agency receiving the Edward Byrne Memorial JAG grant funding.) Move Item 16K1 to Item 12A: Recommendation pursuant to Collier County Resolution No. 95 -632, that the Board of County Commissioners authorize the Office of the County Attorney to represent Airport Authority Executive Director Thomas C. Curry, and Airport Manager Thomas Vergo, who are all being sued by Stephen J. Fletcher and Fletcher Flying Service, Inc., a tenant at the Immokalee Airport, in the case styled Stephen J. Fletcher and Fletcher Flying Service, Inc. v. Thomas C. Curry and Thomas Vergo, Case No. 12- 1124-CA, Twentieth Judicial Circuit in and for Collier County, Florida. (Commissioner Hiller's request) Move Item 16K2 to Item 12B: Request for authorization to join the Florida Association of Counties as a plaintiff in litigation challenging the constitutionality of Chapter 2012 -33, Laws of Florida (HB 5301). (Commissioner Fiala and Commissioner Henning's separate requests) Time Certain Items: Item 11A to be heard at 10:00 a.m. Item 5A to be heard at 1:00 p.m., immediately followed by Item 4A 4/24/2012 8:37 AM April 24, 2012 Item #2B MINUTES OF THE MARCH 27, 2012, BCC /REGULAR MEETING — APPROVED AS PRESENTED CHAIRMAN COYLE: With respect to March 27, 20125 BCC regular meeting minutes, are there any changes to the minutes for that meeting? (No response.) CHAIRMAN COYLE: Hearing none, is there a motion to approve? COMMISSIONER FIALA: Yes, motion to approve the March 27th BCC regular meeting minutes. CHAIRMAN COYLE: Motion to -- by Commissioner Fiala to approve. Seconded by? COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: By Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. That brings us to proclamations, County Manager. Item #4 PROCLAMATIONS — ONE MOTION WAS TAKEN TO ADOPT ITEMS #413 THRU #4G Page 7 April 24, 2012 Item #4B PROCLAMATION RECOGNIZING THE GREATER NAPLES BRANCH OF AMERICAN ASSOCIATION OF UNIVERSITY WOMEN (AAUW) CHARITABLE FOUNDATION, INC. 2012 WOMEN OF ACHIEVEMENT: PAT CARROLL, SHARON HOOD, FRANNY KAIN, REBECCA NEWELL, VI STEFFAN, CLOE WATERFIELD, CHRISTINE WHEELER AND IRENE WILLIAMS. ACCEPTED BY VI STEFFAN, HONOREE AND AAUW BOARD MEMBER — ADOPTED MR. OCHS: Yes, sir. The first proclamation is Item 4B on your agenda this morning. It's a proclamation recognizing the Greater Naples Branch of the American Association of University Women Charitable Foundation, Incorporated, 2012 Women of Achievement: Pat Carroll, Sharon Hood, Franny Kain, Rebecca Newell, Vi Steffan, Cloe Waterfield, Christine Wheeler, and Irene Williams. To be accepted by Vi Steffan, honoree and AAUW board member. This item sponsored by Commissioner Hiller. If you'd please come forward. (Applause.) CHAIRMAN COYLE: Good morning. COMMISSIONER COLETTA: Good morning. COMMISSIONER FIALA: Hi. Good to see you. COMMISSIONER HILLER: Congratulations. COMMISSIONER FIALA: Good morning. COMMISSIONER HILLER: Congratulations, again. So glad you could be here today. (Applause.) COMMISSIONER HILLER: Can I just make a quick comment? CHAIRMAN COYLE: Yes, go ahead. COMMISSIONER HILLER: These are really wonderful April 24, 2012 women; they're exceptional leaders in our community that were recognized by the University of Women. Not all of them could be here. I believe Sharon Hood couldn't make it this morning, so we would like to recognize her also, and I want to thank you so much for your contribution. UNIDENTIFIED SPEAKER: Thank you. COMMISSIONER HILLER: Thank you. (Applause.) Item #4C PROCLAMATION DESIGNATING APRIL, 2012 AS DROWNING PREVENTION MONTH IN COLLIER COUNTY. ACCEPTED BY PAULA DIGRIGOLI, EXECUTIVE DIRECTOR, SAFE & HEALTHY CHILDREN'S COALITION OF COLLIER COUNTY — ADOPTED MR. OCHS: 4C, Commissioners, is a proclamation designating April 2012 as Drowning Prevention Month in Collier County. To be accepted by Paula DiGrigoli, executive director, Safety (sic) and Healthy Children's Coalition of Collier County. This item is sponsored by Commissioner Coyle. Please come forward. (Applause.) COMMISSIONER COLETTA: Thank you for what you're doing. COMMISSIONER FIALA: Hi. Hey, Harold, how are you doing? COMMISSIONER COLETTA: Jamie, thanks for being there yesterday. (Applause.) COMMISSIONER HILLER: You know what, you can put that April 24, 2012 banner in front here. MS. DiGRIGOLI: Yeah. COMMISSIONER HILLER: Do we have any clips up here? Ian, do we have any clips up here? MR. MITCHELL: No, but we can put it up on a break. CHAIRMAN COYLE: Hammer and some nails? COMMISSIONER HILLER: Come on, Ian, don't you have your hammer and nails this morning? MR. MITCHELL: I'll put it up at the break. COMMISSIONER HILLER: That would be really nice. MS. DiGRIGOLI: Thank you so much. COMMISSIONER HILLER: Thank you. MR. METZGER: Good morning, Commissioners. For the record, I'm Robert Metzger. I'm the fire chief with the Golden Gate Fire Control and Rescue District and one of the partnering agencies with the Safe and Healthy Children's Coalition. It's my pleasure to speak on their behalf today, and I would like to recognize the chair of the Safe and Healthy Children's Coalition board of directors, who is Dr. Todd Vetter, who, unfortunately, couldn't be with us today. But Dr. Vetter is truly the heart and soul of this coalition, and he is ably assisted by the extremely capable director, Paula DiGrig- -- I'm not going to say it right. He did a better job than I -- DiGrigoli. Florida has a dubious distinction of being number one in the entire country for child drowning. In the last 10 years, drowning has been the leading external cause of death in children ages one through four here in Collier County. Nationally, for every fatal drowning, another 10 kids are treated for near - drowning - related injuries. The emotional impact on the affected families is, obviously, overwhelming, but the economic impact to the community is staggering. These deaths and injuries occur most frequently in families Page 10 April 24, 2012 where the parents do not know how to swim and often to the economically disadvantaged. Non - swimming parents generally raise non - swimming children, placing them at great risk. This cycle must be broken. The Safe and Healthy Children's Coalition recognizes that multiple layers of protection are necessary to prevent drowning, including various types of barriers, alarm features, adult supervision, water - safety education, and community CPR instruction. To that end, the coalition was conceived to address those needs. In only two years, it has partnered with over 40 community and public safety agencies to coordinate efforts in each of these areas and to promote healthy children. To name just a few of the 40, that number includes all 11 public - safety agencies here in Collier County, both of the local healthcare systems, with NCH as being one of the founders and a principal leader, the Collier County Government -- various different Collier County Government agencies, the health department, Kiwanis International, the Children's Advocacy Center, 21 st Century Oncology, and the Boys and Girls Club of Collier County, to name just a few. The purpose of the coalition is to maximize the individual efforts of each of these partners by bringing them together in ways not previously possible. While still in its infancy, the coalition is expanding its capability and its community support. Further effective programs aimed at improving the safety and health of children in our community are forthcoming. So on behalf of the coalition, we would like to thank you for shining a light on their efforts and emphasizing the need as it exists within Collier County today. Thank you very much. CHAIRMAN COYLE: Thank you. (Applause.) Page 11 April 24, 2012 Item #4D PROCLAMATION DESIGNATING APRIL 22 -28, 2012 AS CRIME VICTIM'S RIGHTS WEEK IN COLLIER COUNTY. ACCEPTED BY THE COLLIER COUNTY SHERIFF'S OFFICE, STATE ATTORNEY'S OFFICE, PROJECT HELP, INC., AND REPRESENTATIVES FROM THE SHELTER FOR ABUSED WOMEN AND CHILDREN — ADOPTED MR. OCHS: Item 4D is a proclamation designating April 22nd through April 28, 2012, as Crime Victims Rights Week in Collier County. To be accepted by the Collier County Sheriffs Office, the State Attorney's Office, Project Help Incorporated, and representatives from the Shelter for Abused Women and Children, and this item is sponsored by the entire Board of County Commissioners. Please come forward. (Applause.) CHAIRMAN COYLE: Who gets this? Okay. Thank you. COMMISSIONER FIALA: Thank you for all you're doing. That's not an easy job. COMMISSIONER HENNING: NCH? MS. WESLEY: Project Help. Thank you so much. We appreciate your support. COMMISSIONER COLETTA: Thanks for being here. CHAIRMAN COYLE: Good morning. COMMISSIONER HENNING: Spread it out, ladies. CHAIRMAN COYLE: Somebody gets to speak, if you'd like. (Applause.) MS. WESLEY: Good morning. My name is Eileen Wesley. I'm the victim service coordinator for Project Help, the local crisis center, and I'm here to thank you on behalf of Collier County Sheriff s Office, the State Attorney's Office, and Project Help for recognizing this Page 12 April 24, 2012 week. It's such an important week. Crime Victims Week is national today, this week, and the impact of crime in every community is large. Collier County has three organizations that work diligently day and night to make sure that all victims of violent crime are taken care of in all capacities, from the legal, the law, and the crisis portion of their crimes. And I want to thank you very much. And the fact is, every 53 seconds a person is becoming a victim of a violent crime, and we're here to help stop that. So I want to thank you very much for taking the time to recognize us, and we appreciate you more than you know. Thank you. (Applause.) Item #4E PROCLAMATION RECOGNIZING AND CONGRATULATING NCH NORTH NAPLES HOSPITAL ON RECEIVING THE WRAP AWARD FOR ITS CONTINUED EFFORTS TO PROMOTE WASTE REDUCTION, REUSE, RECYCLING AND ENVIRONMENTAL AWARENESS. ACCEPTED BY MICHELE THOMAN, CHIEF OPERATING OFFICER; HILL MADERE, EVS MANAGER; AND BRIAN P. DOYLE, LEED GA, ENGINEERING MECHANIC — ADOPTED MR. OCHS: 4E is a proclamation recognizing and congratulating NCH North Naples Hospital on receiving the WRAP award for its continued efforts to promote waste reduction, reuse, recycling, and environmental awareness. To be accepted by Michelle Thomas, chief operating officer; Phil Dutcher, chief operating officer; and Brian Doyle, lead GA, engineering mechanic. This item is sponsored by Commissioner Hiller. (Applause.) Page 13 April 24, 2012 COMMISSIONER FIALA: Hi, how are you? COMMISSIONER HILLER: Congratulations. Thank you so much. CHAIRMAN COYLE: Is somebody going to speak? MR. DOYLE: I'll say a few words. (Applause.) MR. DOYLE: I'd like to thank the county for recognizing our efforts to reduce, reuse, and recycle. The county has been very helpful in educating and guiding us. With the help of Linda and Janet, we've been able to get over the hump. Recently we've incorporated a third party to help us reduce, reuse, and recycle as we develop our waste - reduction program throughout the NCH healthcare system. North Collier is being recognized because we are in the county. The city hospital itself downtown has made tremendous efforts as well in all of our sustainable goals reducing energy use, water use, as well as reducing our waste. We've recently created a green team. And with the green team we've proclaimed that we are now a green hospital. And on behalf of the 4,000 -plus employees that actually make this happen, I'd like to say thank you to the county and especially Janet and Linda for helping us along to meet these goals. Thank you. CHAIRMAN COYLE: Thank you. (Applause.) Item #4F PROCLAMATION RECOGNIZING THE MISSION OF THE AMERICAN CANCER SOCIETY'S IMMOKALEE RELAY FOR LIFE AND DESIGNATING APRIL 27TH AND 28TH AS RELAY FOR LIFE DAYS IN IMMOKALEE — ADOPTED Page 14 April 24, 2012 MR. OCHS : Item 4F is a proclamation recognizing the mission of the American Cancer Society Immokalee's Relay for Life and designating April 27th and 28th as Relay for Life Days in Immokalee. To be accepted by Melissa Kahn, American Cancer Society. This item sponsored by Commissioner Coletta. Would you please come forward. (No response.) Item #4G PROCLAMATION RECOGNIZING THE "COURAGE TO REMEMBER" EXHIBIT AT THE NORTH COLLIER REGIONAL PARK. ACCEPTED BY BARRY WILLIAMS, DIRECTOR, COLLIER COUNTY PARKS & RECREATION; NANCY OLSON, REGIONAL MANAGER, COLLIER COUNTY PARKS & RECREATION; AMY SNYDER, EXECUTIVE DIRECTOR, HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA; AND RON KAPLAN, BOARD MEMBER, HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA — ADOPTED MR. OCHS: Okay. That takes us to Item 4G on the agenda, Commissioners. That's a proclamation recognizing the Courage to Remember Exhibit at the North Collier Regional Park. To be accepted by Barry Williams, director, Collier County Parks and Recreation; Nancy Olson, regional manager, Collier County Parks and Recreation; Amy Snyder, executive director, Holocaust Museum of Southwest Florida; and Ron Kaplan, board member of Holocaust Museum of Southwest Florida. This item is sponsored by Commissioner Hiller. (Applause.) CHAIRMAN COYLE: Somebody gets that. Page 15 April 24, 2012 COMMISSIONER FIALA: Are you Ron? MS. SNYDER: I'm Ron for today. (Applause.) CHAIRMAN COYLE: Is anybody going to speak? MS. SNYDER: Hi. Good morning. My name is Amy Snyder, and I'm the executive director of the Holocaust Museum and Education Center of Southwest Florida. And we certainly would like to thank the commissioners for your support of our institution over the last 10 years, as we're celebrating our 10th anniversary this year. And we certainly want to recognize the opportunity that we had just last month to partner with North Collier Regional Park. The North American arm of the French Railroad called us in -- at the end of February and said, we'd like to bring this exhibit, and all you have to do is find a space. And it was a big exhibit. And I called Nancy and said, we've been trying to figure out how to do this, and she said, bring it on in. So it was easy; it was quick. And the organization that brought it in put it up and took it down. We didn't have to do anything. So you probably should be recognizing them because that would be really nice. But it was a wonderful partnership for us, and we're excited for the new avenues it's opened up with North Collier Regional Park. So thank you very much. CHAIRMAN COYLE: Thank you. (Applause.) CHAIRMAN COYLE: We're going to take a 10- minute break. COMMISSIONER HENNING: And I'm going to move to approve all the proclamations except for Proclamation A, which will be heard after one. COMMISSIONER FIALA: I'll second it. CHAIRMAN COYLE: Okay. A motion to approve the proclamations by Commissioner Henning, second by Commissioner Page 16 April 24, 2012 Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion is approved unanimously. Where does that take us now, County Manager? MR. OCHS: That takes you to public comments on general topics, Item 7 on your agenda. MR. MITCHELL: Sir, we have -- no one's signed up for any comments. CHAIRMAN COYLE: Bob, what's wrong? COMMISSIONER COLETTA: Yeah. We're all waiting. Must mean we're perfect. CHAIRMAN COYLE: Okay. We're going to have a good day today. Item #9A ORDINANCE 2012 -16: RECOMMENDATION TO APPROVE A PROPOSED SMALL -SCALE AMENDMENT TO COLLIER COUNTY GROWTH MANAGEMENT PLAN ORDINANCE 89 -05 AS AMENDED, RELATED TO THE ORANGE BLOSSOM AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT FOR TRANSMITTAL TO FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO)— ADOPTED MR. OCHS: Commissioners, that -- that would take us to 9A on Page 17 April 24, 2012 your agenda this morning. It's a recommendation to approve a proposed small -scale amendment to the Collier County Growth Management Plan, Ordinance 89 -05, as amended, relating to the Orange Blossom and Airport Crossroads commercial subdistrict for transmittal to the Florida Department of Economic Opportunity. This is an adoption hearing. COMMISSIONER FIALA: I make a motion to approve. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Fiala. Is there a second? COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Second by Commissioner Henning, and Commissioner Henning has the floor. COMMISSIONER HENNING: No, I'm sorry. That's for the next one. I apologize. CHAIRMAN COYLE: All right. All in favor -- or is there any discussion? (No response.) CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Item #9B RECOMMENDATION TO APPROVE EVALUATION AND APPRAISAL REPORT -BASED AMENDMENTS TO THE 9. -' • April 24, 2012 COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) FOR REVIEW AND OBJECTIONS, RECOMMENDATIONS AND COMMENTS (ORC) RESPONSE — PRESENTED AND ADDITIONAL INFORMATION WAS REQUESTED FROM STAFF — TABLED TO LATER IN THE MEETING — CONSENSUS MR. OCHS: Thank you, Commissioners. Next item is 9B on your agenda this morning. Recommendation to approve the proposed Evaluation and Appraisal Report -based amendments to the Collier County Growth Management Plan, Ordinance 89 -05, as amended, for transmittal to the Florida Department of Economic Opportunity for review and Objections, Recommendations, and Comments response. This is a transmittal hearing, and Mr. Bosi will present. CHAIRMAN COYLE: Okay. Mr. Bosi, go ahead. MR. BOSI: Good morning, Commissioner. Mike Bosi, comprehensive planning. I have a short PowerPoint presentation that will familiarize you with the process and where we're at. Just one second let me pull it up. We're here to discuss the Evaluation and Appraisal Report, and if this kicks up some distant memories within the commissioners, it's because this is a pretty long -- elongated, drawn -out process to modify the Growth Management Plan. It's required by Florida Statute 163.3191, and it requires every jurisdiction, every city, every county in the State of Florida to evaluate their long -range Growth Management Plan on a seven -year basis. It basically evaluates the performance of the individual elements of the GMP. It measures its successes and short comes -- shortcomings, and provides an opportunity for the local plan to Page 19 April 24, 2012 respond to changes in federal, state, or regional planning requirements, and it's a two -part process. We -- where we're at in the process. We -- we're at the Stage 2. We've completed the first part of the EAR process with the adoption of the EAR report on January 31 st of 2011. We're now at the portion where we've designated the changes within the -- within that EAR report, and now this is the actual -- the due. We've said this was the policies, the objectives that were going to change. This is the process of drafting specific policies, amendments and objectives to each individual element and taking them through the extensive public- review process and giving specificity of what those changes are. And just to give you the quick timeline, this -- the EAR process started back in August of 2009. We had an intergovernmental meeting with all the entities involved in September. In December of 109, we entered into a letter of understanding with the now replaced Department of Community Affairs, which is now the Department of Economic Opportunity. We had a series of three individual public meetings. We had -- at various geographic areas throughout the county; one at the regional park, one at IFAS center, and one in this very room back in the beginning of 2010. From April to July of 2010 we went through the process and made the evaluations of the individual elements, had a workshop with the EAC in August of 2011, a two -day workshop with the Planning Commission, drafted a tentative EAR -based report, sent it to the Department of Community Affairs -- they provided some comments and modifications on October of 2010 -- went through the adoption process with EAC in November, December 2010 the CCPC, and then ultimately last year -- CHAIRMAN COYLE: Mike, you might tell the public what those mean, EAC and CCPC. MR. BOSI: I'm sorry. The EAC is the Environmental Advisory Page 20 April 24, 2012 Council, and the CCPC is the Collier County Planning Commission. I'm sorry. I forget the world of planning is laden with acronyms that most people are not familiar with. And on January 31 st of 2011 the Board of County Commissioners adopted the EAR report, and that was the report that says, here's all the changes we intend to make. In April of last year, the Department of Community Affairs accepted the EAR report. Staff started drafting the proposed amendments in the summer of last year, had a workshop with the Planning Commission to bring them up to speed on all the changes we had adopted -- or said that we were going to make, and then they provided the direction upon some of the -- that draft language so when we would get to the transmittal hearings, that these issues would be well vetted and have an opportunity to make sure that staff was on the correct path as the Planning Commission and as the Board of County Commissioners in the adopted EAR had indicated we were going to follow. On December 7th of 2011, the EAC, the Environmental Advisory Council, adopted or made recommendations upon the transmittal amendments for the EAR -based process, and on January 26th of this year, February 16th, and March 6th, three individual meetings with the Planning Commission for the transmittal hearings to make a recommendation to the Board of County Commissioners. And, obviously, today we're here for the transmittal hearings of the proposed EAR -based amendments. A reminder, the transmittal process -- or the adoption of the Growth Management Plan amendments are a two -part process, the transmittal hearing and then, finally, an adoption hearing. So this will be before you one final time, and I will get to that in a second. The anticipation is with a successful conclusion of today's hearings, the recommendation to transmit the proposed EAR -based amendments to the DEO, we would expect an ORC report sometime Page 21 April 24, 2012 in midsummer, and then we would start our adoption hearings with the Environmental Advisory Council. September 5, 2012, is the tentative date for that, October 30th and 31 st are our tentative dates for the EAR -based adoption hearings with the Planning Commission, and then December 11 th of this year, we are expecting the -- we have tentatively the EAR -based amendments -- adoption hearings with the Board of County Commissioners. And I will remind you that it will not complete the EAR process. There's still one little -- one little detail that's out there, and those are the Rural Land Stewardship amendments -- proposed amendments that were generated from the five -year review that the Board of County Commissioners has directed us to process on a trailing hearing schedule that -- we are now working out that schedule. But the tentative plan is the -- December 1 Ith of this year to adopt the majority of the EAR -based amendments with the expectation of January of -- or 2013 the Department of Economic Opportunity to find the EAR reports in compliance and the amendments in compliance. Just to give you an overall guide, the EAR -based amendments -- the overall guiding principle applied to the drafting process was to enhance the existing growth management regulatory environment with the greatest degree of flexibility while achieving the goals of the individual elements. The way that the GMP is set up, each objective -- or each individual element has specific goals. Objectives and policies are crafted to attain those goals. And what we tried to do was to review the objectives and policies and make sure that they were in compliance with the current state and regulatory -- and federal regulatory guidelines but also to make sure that the flexibility, the most inherent flexibility that we could provide within the Growth Management Plan was contained within the policies that are being suggested. As you know, any time that you've got real rigidity within -- to your GMP, it can create issues at the zoning stage. So we tried to Page 22 April 24, 2012 make sure that greatest degree of flexibility could be inherent to these amendments while still enhancing and attaining the goals associated with the individual elements. The majority of the proposed changes to the plans are -- they're modifications to existing objectives and policies. There's not a tremendous amount of new initiatives that have been included within this EAR process. As you'll review, there's basically two new objectives and 27 new policies. Just to highlight those, on the Transportation Element, your one new objective and one new policy directs the counties to explore and develop a stand -alone Transit Element, and that was an idea that came from your Planning Commission trying to gain ulterior modes of transportation, make the evaluation as to whether that -- that component should have its own stand -alone element within the GMP, or should it continue to share space with the current Transportation Element. From solid waste, your sub - element for your public utilities, there's seven new policies which seek to improve the efficiencies and techniques for waste reduction. Within the Housing Element, you have one new objective and five new policies focus on encouraging energy efficiency within housing construction, and "encouraging" is the key word. There's no mandates involved. But it's to encourage the recognition of the best management practices. And there's six new policies to better identify the need for affordable housing through indexing. And this is a key component. This is replacing the previous requirement for a set number of new or rehabilitated units. The current -- the policy has a fixed number that currently exists within our GMP, and there was always discomfort at the dais because there was never -- it was never directly tied to a tangible and quantifiable need. And so working with the housing -- working with the housing section of the county, we feel that we're able to -- we're going to be able to develop an index that's going to be a Page 23 April 24, 2012 much better barometer of the true need of affordable housing within the county, which I know has always been a source of angst within the dais for what is the true need that's expressed within that individual component. On the Conservation and Coastal Management Element or the COME, one new policy relating to the development of a saltwater monitoring program and a new policy to protect working waterfronts. And on the Future Land Use Element map series, a revise -- a coastal high hazard area map which coincides with the new slosh maps that have been developed by the region and the state, and a new coastal high hazard comparison map; in addition, a revised Camp Keais flow -way map to reflect updated environmental data. And the last element is an economic element, which is more of an aspirational type of an element; two new policies to reflect the coordinated economic development activities of the various agencies involved. Those are really the highlights of the new policies that are being proposed. And as I said, the majority of the work was to evaluate our existing policies and objectives, make sure they're in line with the state and federal guidance, but also make sure that they're the most effective and the most reflecting of the desires of the advisory boards, the general public as well, and the Board of County Commissioners. There's a couple elements -- or a couple instances that have -- that transpired over the past month and a half that have led to additions to the -- to the proposed EAR -based amendments that weren't in your individual packets, and this is related to -- the City of Marco Island has decided to opt out, out of the interlocal agreement with the county and -- in terms of sharing the provision for affordable housing. So based upon that recognition and based upon the recognition that the Everglades City has opted out as well, we've revised a new policy only to -- or revised the existing policy only to reflect the Page 24 April 24, 2012 current interlocal agreement that we have with the City of Naples. The City of Naples and the county partnership within the provision of affordable housing. And the implications of what this means is, it means Everglades City and Marco Island has decided that they're going to satisfy the state's requirement for the provision of affordable housing on their own. What was happening in the past with these interlocal agreements is it was a sharing with the county based upon the specifics of the interlocal agreements. Not sure what the thinking was within the city, but they've decided to kind of chart their own navigation course. So we are -- we will -- we currently reflect the interlocal agreement that we have with the City of Naples. And I would say this will never -- this would not preclude if the City of Marco is interested in partnering with the county again within that provision. We can -- this doesn't mean that we can't enter into that agreement again. This just simply reflects the fact that they've decided to opt out of their existing interlocal agreement for the provision of affordable housing. Another -- and this is a potential change. This relates to House Bill 503. House Bill 503 prohibits local governments from requiring an applicant to obtain a state or federal permit for a local development order. This has not been signed by the governor. If it's signed by the governor, this change to the current Conservation and Coastal Management Element, Objective 2.1.F -- which we require, you know, verification for the state and federal permitting from an individual local development order -- we will make this change contingent if the governor does sign that individual house bill. They have -- the governor has till May 5th to take action, or the bill will die because of a lack of signature. So we will continue through the efforts of Debbie White and the County Manager's Office to monitor the progress within Tallahassee to see if this will be a required modification to the EAR -based amendments. Page 25 April 24, 2012 And there's the last -- the last area that we need direction -- we need direction from the Board of County Commissioners. As I mentioned, this is an elongated series of tremendous amounts of conversation and discussion with the Planning Commission, and through all those discussions, through all the policies, through all the give and take, staff and the Planning Commission were able to find agreement on every individual objective and policy except for two individual policies contained within your Conservation and Coastal Management Element, and those are Policies 10. 1.5 and Policy 10.1.6, and they relate to the sitting (sic) of marinas and water - dependent uses and additional requirements when those proposed developments would destroy marine wetlands. The CC -- the Planning Commission is recommending that the policies, with some slight modifications, are to be retained, and the thinking is that -- for the Planning Commission as they've expressed it was that they provide the county an extra degree of regulatory authority aside from what is deferred to the state on the marina siting (sic) issues. From a staffs perspective, staff recommended deleting the policies in that over the past the staff has found that they are difficult to implement as there's no specific criteria within the CCME or the Land Development Code and certain terms such as "destruction of mangroves" and "providing for the general public use" are not defined within the LDC or the Growth Management Plan and, as written, the policies would apply to all water - dependent and all water - related uses that propose to destroy marine wetlands, including waterfront for residential development and their potential legal implications to requiring public use on private facilities. A number of issues that have cropped -- that have cropped up on some current petitions that have been before the Board of County Commissioners. And I also believe the Conservancy on Friday had provided an email to the Board of County Commissioners related to their Page 26 April 24, 2012 perspective within the -- within these two individual policies. What is contained within your book is the recommendations as provided by the Planning Commission. So as -- the Exhibit A, which contains all the amendments to the Growth Management Plan -- or Growth Management Plan contain Policy 10.1.5 and 10.1.6 within them as recommended by the Planning Commission. Staff still feels that there's difficulty in implementing them and is asking the Board of County Commissioners to provide that final arbitration with the understanding that if the Planning Commission's recommendation is suggested or is directed by the Board of County Commissioners, staff will have to take some additional actions at the LDC level to provide clarification towards what these terms mean and then how they -- so how this policy could be implemented within the reviewing practices of individual staff. And this is -- this is where 10.1.6 would be and the 10.1.7. And basically the change that was requested from the Planning Commission, instead of a fiscal analysis as to -- in an individual development moving forward, they wanted to see a needs analysis, and this is basically a needs analysis that new -- that additional dock space, whatever -- additional -- whatever that water - related use is is going to be able to be quantified through a study that shows that there is a specific need within that geographic area. And, finally, staff is seeking a motion to approve from the BCC and direct the chair to sign a resolution -- it's Tab 7 within your individual books that were provided -- to transmit the EAR -based amendments to the Florida Department of Economic Opportunity and other state reviewing agencies. With that, that concludes my overview of the EAR process and would open myself up to any questions that the board may have related. CHAIRMAN COYLE: Commissioner Henning was first. Do you want to hold your questions till after the public speakers, or do Page 27 April 24, 2012 you want to ask questions now, Commissioner Henning? COMMISSIONER HENNING: Well, I think it's maybe a two -part. But Mike Bosi is asking his question upon the marine policies. And I do have questions that can wait. CHAIRMAN COYLE: It's up to you. COMMISSIONER HENNING: Yeah. I want to address the issue of the marinas and the needs for more docks. It's a property right, okay. Simple. It's plain and simple. It's a property right. If somebody wants a dock, they should be able to seek to their government for a permit to do so. It's not an issue of needs. The other issue, I have to ask, where are we going to site a marina? MR. BOSI: That is one of the -- I mean, that's -- it's a very good question, because the opportunity, the geographic opportunity, is limited. I guess there -- I mean, there potentially could be redevelopment opportunities, but the opportunity for new marinas to be developed within the county are -- I agree, are strained. COMMISSIONER HENNING: Well, let me ask you, the -- would it take very long to do an assessment on potential marinas and find out if there -- if there's a real need to create more language on criteria for marinas, or would that take a while to assess? MR. BOSI: I've -- it would -- I would say it would at least take a little bit of time to get up to speed with what the geographic constraints for a new marina would be, and then the -- the individual assessment of the miles of coastline, it would take -- it would take some effort and it would take some time. If the -- if the BCC direct us to -- COMMISSIONER HENNING: I don't want to overburden staff. That's the reason for my question is -- you know, just your assessment. MR. BOSI: I think it would -- it would take some staff time and some assessment. I'm not -- I have never dealt with that type of an issue, so I I'm hard - pressed to try to quantify the amount of time that it �•,_- ;1 April 24, 2012 could take. COMMISSIONER HENNING: Okay. Well, we're dealing with the Manatee Protection Plan, and this is outside the Manatee Protection Plan. MR. BOSI: This is outside of the Manatee Protection Plan, correct. This will have no -- this will not have an effect upon the Manatee Protection Plan that we have. COMMISSIONER HENNING: But correct me if I'm wrong, the Manatee Protection Plan provides marine sitings, correct? MR. BOSI: I believe -- and I'm not an expert with -- COMMISSIONER HENNING: Steve Lenberger. MR. BOSI: But -- Steve may be able to expand a little more, but I'm sure it has criterion towards -- in which the marinas must follow related to the regulations contained within that Manatee Protection Plan. These are -- these policies that are being discussed, the 10. 1.5 and 10.1.6, are outside of -- outside of the Manatee Protection Plan and outside of the traditional state review, and that's why I think the Planning Commission wanted to maintain them. Staff just has never -- has had a true difficulty of implementing these individual policies, and that's why staff is recommending that these policies be deleted. COMMISSIONER HENNING: What -- to give us some flexibility on the transmittal, can we hold off on it and then consider deleting it later on once we find out more about what the -- where the Planning Commission is coming from? MR. BOSI: The suggestion would be more would be better. So you would want to leave -- if you want the evaluation to take place between now and the adoption in December, you would leave the -- leave these policies as they're presented within your Exhibit A as policies that are being modified and not being deleted, and then at the adoption stage, that would be -- to delete that would be more, I think, of an acceptable manner to the DEO than to have two new policies Page 29 April 24, 2012 showing up that weren't a part of the transmittal hearing. COMMISSIONER HENNING: Okay. Well, Mr. Chairman, I'd rather error (sic) on cautious and try to find some more information about what the intent of the Planning Commission was; however, a needs assessment for docks I just cannot accept. MR. BOSI: And one of the things that -- if we were directed to leave these policies in, one of the topics that would be evaluated and would be brought before the Planning Commission -- the EAC, the Planning Commission, ultimately the board, would be, you know, that needs analysis, are we only -- I mean, I understand the needs analysis related to a marina, but the needs analysis related to an individual residential or residential dock facility, I think, hits those issues that you're concerned about, property rights. So that would be -- those -- both sides of the issue would be put forward for discussion as we were trying to implement or trying to devise the correct language and the correct application of where these policies should be applied to. COMMISSIONER HENNING: Well, I think property right is not distinct by an individual or individuals. I think it's shared whether you have a business or whether you have a single- family lot on the waterfront. That's my opinion. Jeff? MR. KLATZKOW: My preference on these things has always been not to attempt to regulate these at the local level. Let the state and federal governments regulate these issues, because riparian rights are very ancient rights. I mean, they go back to Roman times and beyond that. COMMISSIONER HENNING: Is there any distinction of property rights between commercial and noncommercial? MR. KLATZKOW: Yeah, there are some, I mean, only because of the impact that commercial's going to have compared to an individual residential lot. But, again, my preference is going to be, on Page 30 April 24, 2012 an issue like this -- because I'm also very concerned about the property rights -- is just to defer to the states and feds on these issues. COMMISSIONER HILLER: I agree. MR. KLATZKOW: You're just asking for local disputes if you start regulating these issues. COMMISSIONER HILLER: I think you're right. CHAIRMAN COYLE: Okay. We have other commissioners who want to speak. Do you want to listen to the two public speakers first? COMMISSIONER FIALA: Yes. COMMISSIONER HILLER: I need to speak. COMMISSIONER FIALA: Okay. You're next anyway. CHAIRMAN COYLE: You're next. COMMISSIONER HILLER: Oh, can I? CHAIRMAN COYLE: Yeah, you're next. COMMISSIONER HILLER: Oh, okay, thanks. Let me just ask a few questions because that way the public speakers may or may not want to address these because they're more informational than anything else. First of all, I notice that you did the extension on the TDR program, which is good. And we had committed that to the public, so that's very positive. The early -entry program for TDRs has been extended to 2015. 1 have some concerns about the change in the coastal high hazard map, and I'd like you to put the changes in the boundaries up on the overhead, and then I'd like you to explain the changes in the densities being proposed where you're suggesting downgrading of densities and explain to me how that will not constitute a takings. And I know there was some discussion about that with the Planning Commission, and I'd like you to address how you've satisfied that. MR. BOSI: And I'm going to defer to Mr. David Weeks, the -- COMMISSIONER HILLER: Sure. Page 31 April 24, 2012 MR. BOSI: -- the GMP, actual manager, related to -- he made the modifications related to the Future Land Use Element in the map series. And David will describe some of the steps that we've taken to address those individual taking concerns. MR. WEEKS: Let me start with the map. COMMISSIONER HILLER: Mike, while you guys are getting organized on that, I could ask another question of you while David is getting the information together, if you'd like. MR. BOSI: Yes, ma'am. COMMISSIONER HILLER: The other thing I'd like you to disclose is what exactly you mean by indexing as a standard for affordable housing and how that's going to be applied. MR. BOSI: And within -- that's a strategy that was early -- or identified by the affordable housing subcommittee. They've had some ideas of how that -- they feel that they could accomplish that indexing. I'm going to -- I'll defer to Ms. Kimberly Grant to address some of the early discussions that we've had. MS. GRANT: Hi. Kim Grant, for the record. Just -- I'm not going to be able to give you a lot of detail, because we're at the beginning of the evaluation of how we might be able to put this model together. But the conceptual idea is that we're looking for nationally recognized indexes or indices that we could use as a basis for evaluating when it may be appropriate to either ramp up or ramp down incentives or other programs associated with affordable housing, and we've been absent that data in the past. In our research so far -- and we've been working very closely, as Mike said, with the Affordable Housing Advisory Committee. And this is really their project. We're staffed to their project. We've discovered that there are some models out there. They're very sophisticated. People are doing PhD work on them, but we are looking at what's out there, and our goal -- AHAC's goal -- the Affordable Page 32 April 24, 2012 Housing Advisory Committee's goal is to bring back for board's consideration a semblance or, you know, a rational model that would be simple enough but effective enough to help guide major decisions on the level of affordable housing required in our community. COMMISSIONER HILLER: And that's my concern. I mean, we're proposing these amendments based on something that actually doesn't exist. So isn't it premature to be suggesting that we use indexing if we don't even know what kind of indexing we're going to use? I mean, maybe I'm missing the -- you know, an understanding of how the process works. But, I mean, it's kind of like the issue with the boat docks. I mean, we don't have the data. We don't have, you know, an understanding of what approach we're going to use, and yet we're proposing that that's what we're going to do. MR. BOSI: In -- COMMISSIONER HILLER: I mean, we don't even know that indexing is the right thing because a study hasn't been completed. MR. BOSI: Well -- and there has been past -- there are various communities that have been identified that have developed index to be -- indexies (sic) to identify the need for individual -- for affordable housing within their individual location. You've got the Shimberg Report that does it on a statewide basis. So the templates and the models are out there. This is a process that we feel is appropriate for us to develop at the local level, guiding off of the examples that have been provided in other communities to replace an arbitrary set number. The indexies (sic) are to better reflect the true conditions of the marketplace. And there have been a number of communities that have been identified that have developed these indexies, and the policy for us to develop a local one I don't think places us in an untenable situation. It's just a matter of the Affordable Housing Advisory Committee working with staff to be able to develop one at the local Page 33 April 24, 2012 level. COMMISSIONER HILLER: Well, I have some concerns about that, again, because nothing has been developed, and just because something is done somewhere else -- I mean, you can always find, you know, something being done somewhere on some issue. I mean, that's, you know, the beauty of having so much information available to us through the various mediums today. So, again, I mean, I just -- I don't think this has been developed. I don't see the basis for recommending that this is the approach till we hear, you know, what the options are. I think it's all very premature. And maybe at the end of the day your suggestion is, you know, excellent and it is what we should do. And, yes, we do have a problem with what exists, but I'm not sure that indexing is necessarily the right alternative solution. So I think we have to hear more about it, so I have some concerns. But I don't want to dwell on that. I just wanted to make that point. Can we go back to coastal densities and the change in the map? MR. WEEKS: For the record, David Weeks of the comprehensive planning section. Commissioners, if you'll look at the exhibit on the visualizer, which is also in your binder behind the Future Land Use Element, the blue dashed line that's running from the Lee County line that runs down Airport Road -- that's correct -- that's the existing Traffic Congestion Area boundary, and that is proposed to be deleted for properties that are lying with -- seaward of that boundary under our density rating system, how we calculate eligible density for proposed rezonings, properties are subject to a one - dwelling- unit - per -acre reduction. The proposal is eliminate the Traffic Congestion Area and replace it with the Coastal High Hazard Area boundary, which is generally represented on the map by the bold red line. And that Page 34 April 24, 2012 density reduction, rather than being the Traffic Congestion Area, would be for properties lying seaward of the Coastal High Hazard Area. The additional changes that were proposed in the EAR itself that the board approved and then staff drafted the amendments to reflect that would provide that, in addition to the one - unit - per -acre reduction applying to properties in the Coastal High Hazard Area, the density would be capped at a maximum of four units per acre or, stated differently, no density bonuses would be applicable to the Coastal High Hazard Area. And, Commissioner, to go into your point, what that means is that a property owner that has lands that stays zoned agriculture that might want to come in and rezone that property to residential today would be able to achieve a higher density than they would be able to achieve if the EAR -based amendments that staff drafted, based upon the EAR itself, as I was just explaining, were to come into effect. The Planning Commission did raise the very concerns you have, Commissioner, about property rights. Now, let me make sure I'm clear. We're not changing anyone's zoning. We're not taking away anyone's zoning. But what we would be doing is limiting the density eligible to be requested. Planning Commission had the same concern about property rights' impact, so their recommendation to you is not to change any of the density bonuses from their applicability, that is, if a property is lying in the Coastal High Hazard Area and today it's eligible for a density bonus, then after these amendments are adopted, that property owner would still be eligible for the same density bonuses. The Planning Commission did endorse the reduction of one unit per acre falling within the Coastal High Hazard Area and eliminating the Traffic Congestion Area. The result of that is actually a potential increase in the number of dwelling units that could be approved through the rezoning process. Page 35 April 24, 2012 COMMISSIONER HILLER: Well -- so what's the conclusion? MR. WEEKS: The conclusion is Planning Commission disagrees with staff. They share your concern about property rights' impacts, and their recommendation is to leave those density bonuses within the Coastal High Hazard Area to be applicable. COMMISSIONER HILLER: Because these include density bonuses as a matter of right as well, don't they? MR. WEEKS: No density bonuses are a matter of right. They're all discretionary. COMMISSIONER HILLER: Every single one? MR. WEEKS: Every single one. COMMISSIONER HILLER: Okay. I thought there were some that were bonuses that if you built, you know, affordable housing, if we required -- I mean, we don't require it now, but if we required affordable housing to be built that, you know, they would automatically get, you know, so many units additionally because affordable housing was included in their project. MR. WEEKS: Commissioners, that is a discretionary bonus. COMMISSIONER HILLER: Okay. It's still considered. MR. WEEKS: Yeah, you still -- there could be any other reasons for any of the density bonuses, compatibility -- your typical zoning considerations. COMMISSIONER HILLER: Yeah. No, I understand your point. I understand your clarification. Jeff, what's your position on this? MR. KLATZKOW: Look I'm very conservative, again, on these things, and I sort of agree with Planning Commission on this issue. COMMISSIONER HILLER: Okay. All right. So we have an issue there as well with respect to property rights. And it all goes back to investment expectations that, you know, these property owners have, and now you're taking those away, and I have a concern about that as well. Page 36 April 24, 2012 The next question I have is about your economic development policies. If you could go ahead and highlight that so the public knows what you're proposing there. MR. BOSI: Was there a specific economic development -- COMMISSIONER HILLER: The two that you're adding, you know, the changes. And let me explain why I'm bringing these issues out. I think these are issues that, you know, the public should have a concern about, should be interested in, because of the impact, and the backup material that we all as commissioners received was not included as part of the backup to this agenda. And I have a concern that, you know, there are citizens out there, taxpayers out there that, you know, did not know where to go to look to find this information. Even though it was disclosed, it's tricky, you know, navigating through our websites or going to -- or finding the time to go to the location. So I just wanted to highlight a few issues that I thought would be of either concern or of interest to our taxpayers, which is why I'm asking you to bring this information out. MR. BOSI: Thank you, Commissioner. The economic policies -- the two new economic policies that you were speaking of, the first one is Policy 3.1.5, and it's Collier County will obtain and monitor the county's unemployment rate from the U.S. Department of Labor. COMMISSIONER HILLER: And why is that important? I mean, what's the point? MR. BOSI: At the time that we were drafting the proposed EAR -based amendments, the unemployment rate, I believe, was 10.8 percent, and the Planning Commission had a desire for the county government to always be in tune with the economic opportunities that are presented to its residents and felt that monitoring the unemployment rate was something that would be beneficial. In the other additional policy -- it's Policy 4.1 -- Collier County Page 37 April 24, 2012 will support, where appropriate, the economic development initiatives of regional nonprofit organizations, goals and efforts of countywide organizations, and effort of the local organizations. COMMISSIONER HILLER: And can you explain that? MR. BOSI: Basically, where appropriate, the Planning Commission believed that general purpose county government should support any type of initiatives that would lead to job creation. And it's written in a manner that we're not obligated. It's where we deem that they are appropriate to support. So the flexibility that I had talked about as the guiding principle that was applied and scrutinized to every one of these proposed amendments, I think, was inherent to this proposed new policy as well. COMMISSIONER HILLER: I just feel that policy -- I mean, I don't see the point of the first change. I mean, it kind of is, in my mind -- you know, why? I mean, we get it. We all watch it. We understand. You know, monitoring local unemployment and driving, you know, our policies, accordingly, is certainly something to be considered. And Policy 4.1 doesn't explain, as written, what you said. What you read it, the wording is so overly broad and ambiguous that, you know, as a policy, you know, that's going to mean so many different things to so many different people that I find that, you know, if it were better written to more closely reflect your explanation and the discussion of the Planning Commission, I think it would better serve our objective. My last statement is with respect to the marina policy. I had the same concerns that Commissioner Henning had, and I completely agree with County Attorney Klatzkow on his position with respect to deferring to the state and federal government and not being -- not putting local government in a position of facing, you know, potential April 24, 2012 Bert Harris actions as a result of these kind of policies or the implementation of, potentially, you know, regulations pursuant to these kind of policies that would effectuate takings. But thank you for all your work. I really appreciate it. MR. BOSI: Thank you, Commissioner. CHAIRMAN COYLE: Okay. Let's call the public speakers. MR. MITCHELL: The first speaker is Jeremy Frantz. MR. FRANTZ: Good morning. Jeremy Frantz, for the record, representing the Conservancy of Southwest Florida. There are a number of policies in the GMP that are aimed at protecting coastal resources and public access to waterways, and we hope that, if retained, Policy 10.1.5 would serve as an incentive to back up those policies and reduce impacts to marine wetlands. We don't see it as kind of a draconian measure to force public use on private property but more as a way to negotiate with applicants about the appropriate siting or layout or site plan. As stated in our letter to the board, the Conservancy disagrees with the interpretation of the policy duplicate state processes, as did the CCPC, and also that the threshold of wetland destruction would never be met, as the staff report stated. State mitigation requirements focus on the wetland function that's lost due to impacts and may or may not correspond to the acreage of impacts and, as a result, providing mitigation for those functional impacts won't -- it's not going to erase any wetland destruction that happened. And we think that assessing those wetland impacts, those marine wetland impacts, could be as simple as just looking at those state permits. The staff also expressed concerns -- I guess everybody has expressed concerns about the insufficient criteria or the applicability of the policy. And the CCPC did attempt to address some of those issues, and we think that any further criteria that may be needed could be addressed with some minor modifications. That being said, while we're okay with any modifications to those Page 39 April 24, 2012 ends, we do feel that the policy, as written, provides the county with the ability to negotiate, as I said, with applicants over the most appropriate site design and any possible decreases, minimization avoidance, of impacts to marine wetlands. The county benefits from the natural environment, and those benefits contribute to a quality of life which the public values very highly. At the same time, state agencies in recent years have limited or refocused their review processes to their core roles and, as a result, we feel that some of those review processes, some of those permitting processes don't always speak to Collier - County - specific issues. And with that in mind, we believe that we would be remiss to pass up an opportunity to supplement those state permitting processes with policies like 10.1.5 that will allow the county to address those county - specific issues. I just have a -- CHAIRMAN COYLE: Wrap it up. MR. FRANTZ: -- concluding statement. The Conservancy agrees with the CCPC that we should retain 10.1.5 on the grounds that it provides the county with a more thorough review of development in marine wetlands and augments state permitting processes in a way that is currently missing from county permitting. CHAIRMAN COYLE: Okay, thank you. MR. FRANTZ: Thanks. MR. MITCHELL: Commissioners, as a matter of record, the next two speakers both filed to speak after the item had started, but the chair has agreed to recognize them. Jim Flanagan. MR. FLANAGAN: Jim Flanagan, Golden Gate Estates. I'm also a board member of Golden Gate Estates Area Civic Association. Moses came down the mountain with 10 commandments, okay, and a lot of people can't follow those. We've got 15 elements, 39 goals, 155 objectives, and 764 policies within our Growth Management Plan, and this is the amendment Page 40 April 24, 2012 package. Now, I appreciate the staffs efforts in consolidating all the level of services into the capital improvements element, but I'm concerned going forward that we're adding more policies and we're focusing more directives that this becomes an onerous document, and the considerations to get through this document are challenging at best. I tried to go through all of this. Most of this is just the edits. There's more policies and information required to be followed in this process. What I'm looking for is to try and simplify the process. That's what I brought to the EAR process in attending all these meetings, as well I was looking for a basis of measure and assessment within the process that I still think is missing. And I was hoping that in the amendment process we would see some effort or beginning of an effort to sum -- to place an assessment and an evaluation in a summary format so that we can identify the successes and we can identify the deficiencies in the plan to be able to go forward, correct the deficiencies, and promote the successes. Now, the agenda packet that I went online to look for didn't have the attachments to the back of the BCC agenda item, and I took this off the website. I'm hoping that the website is the same document that we see in the BCC packet. And I don't know how to evaluate that. I -- you know, again, this is off the website, and this is -- here today wasn't part of the packet for the public to look at. So if I could get a copy of today's packet, unless it's different (sic), you know -- that's all. I just want to make sure that I'm looking at the same thing. Okay. MR. BOSI: It is. The information that was on the website is exactly what was provided to the Board of County Commissioners. MR. FLANAGAN: Okay. But what I really would like to try and do is for the general public to go through this and understand all the adds and deducts and the double strikethroughs and the single strikethroughs and the double underlines and the single underlines. Is Page 41 April 24, 2012 there a way for us to take the EAR process, summarize what we're actually changing rather than the -- there's a lot of wordsmithing here, changing of references from things that have been changed over the past five years, seven years, and come with one concinct (sic) document that allows us to focus, as the public, on what the issues are with the Growth Management Plan. That's my question. MR. MITCHELL: The next speaker is Marjorie Student - Stirling. MS. STUDENT - STIRLING: Good morning, Commissioners. Marjorie Student - Stirling, volunteer attorney for Habitat for Humanity of Collier County. I'm just here to just advise the board we have an issue with Policy 1. 10, as it now stands, of the housing element, and it tracks provisions of the growth management. A little concerning, the concentration of affordable housing units in specific areas of the county. Just to advise the board, that since this is tracking state law and the enabling legislation for the DEO, former DCA, we are going to be pursuing a petition for declaratory statement with the DEO as to what this revision of the law means, and I think that will help staff and us to understand its full impact. The other thing I wanted to point out is we just share your concerns about the Coastal High Hazard Area and any density reductions or increases in native vegetation preservation. Thank you. COMMISSIONER HILLER: Can I ask Marjorie -- could you please explain your position and what you're objecting to? I mean, I understand you're going to object, but why don't you state what the policy is and what you're objecting to in the policy for people who -- MS. STUDENT - STIRLING: On Policy 1.10? COMMISSIONER HILLER: Right, because people don't have copies of it, so that no one has any idea of their -- what you're talking about. MS. STUDENT - STIRLING: I don't know -- staff may wish to put it up on the screen, but it tracks the growth management law, Page 42 April 24, 2012 housing provisions which state the creation or preservation of affordable housing to minimize the need for additional local services and avoid the concentration of affordable housing units only in specific areas of the jurisdiction. And so our concern is, what is the concentration? How many units per acre, or what does that really amount to? And our other concern is, what is the specific area of the jurisdiction? Is that a commission district? Is it a neighborhood? Is it a block? Is it a subdivision? What does that mean? So that's how we will be looking for guidance. I can't tell you any more what it means than I think anybody else could, and that's why we're seeking the expertise of the DEO. Thank you so much. MR. MITCHELL: Commissioner, that was your last speaker. CHAIRMAN COYLE: Okay. Commissioner Fiala -- COMMISSIONER FIALA: Okay, fine. Thank you. CHAIRMAN COYLE: -- you're next. COMMISSIONER FIALA: So back to -- we were talking about -- gee, I've already forgotten a lot of this stuff. COMMISSIONER HILLER: That's all right. We're having fun here. COMMISSIONER FIALA: Needs assessment -- and, again, we're going into -- I'm going to the Affordable Housing Element here. And one of the things the Planning Commission has -- actually, three of the members on the Planning Commission have talked to me at separate times, and it's interesting they all had the same message, and that is where it talks about affordable housing and then work -- and it says, affordable /workforce housing, for some reason "workforce" has been struck out. So they put it back in, and the next time they see it, it's struck out again. And they didn't understand why they decide, you know, to add that and why -- and then how it gets struck out after they voted to approve it as -is. Page 43 April 24, 2012 MR. BOSI: And Michele Mosca is the coordinator for the Housing Element. She may be able to address that for you. MS. MOSCA: For the record, Michele Mosca, comprehensive planning staff. What we ended up doing is striking out "workforce" only because affordable /workforce is a category that the county has to address. The other three categories are very low, low, and moderate, and the final one is the affordable /workforce. So what we did is we struck out "affordable /workforce" and added that to a definition, and "affordable" means all of those categories, and that's why it was done. COMMISSIONER FIALA: And even though they vote into -- to add it back, you guys struck it out anyway? MS. MOSCA: No. The -- when you see the term "affordable" throughout the Housing Element, that means all of the four categories. That would be the 50 percent of median income, 80 percent, 120 percent, and up to 140 percent, as required by the statute. So "affordable" means all those categories. "Affordable /workforce" means those units up to 140 percent, and that follows the definition in Chapter 380. COMMISSIONER FIALA: Well, I still have a problem with after the Planning Commission votes it to be one way, staff changes it to be another. I mean, we should at least be privy to the information that they voted on before it gets to us. MS. MOSCA: And that was the recommendation from the Planning Commission, that we would categorize all four categories as "affordable" and include the new definition of "affordable /workforce" within the Housing Element. So they did agree to that. What we did is we went through the remainder of the document and wherever there was the term "affordable /workforce," we applied the "affordable" category, or if it was meant to mean 140 percent of the median income, we categorized it as affordable /workforce. April 24, 2012 So it's just a matter of looking at the definitions that are required by Chapter 163 Florida Statutes, and it has those four definitions we need to address as a community. COMMISSIONER FIALA: You know, I think then either I need or you need to go back to the Planning Commission with this, because they feel very uncomfortable about eliminating the verbiage that they have included, and they said this happened twice. It came back to them with it eliminated or lined through, and they said, no, put that back in. And the next time they saw it, it was taken back out again, and they felt very uncomfortable about that. And, as I say, I think it ought to go back to them again, because maybe your understanding and their understanding is different, but -- anyway, I was approached by that -- about that. Okay. Also a needs assessment should focus on all of the categories whenever a needs assessment is done, because what I observe -- and, of course, we're the recipient of most of it, as you well know, in the East Naples area, and there's many more coming. And we're struggling to try and accommodate all the low income that is being forced upon us, really, and trying to do something about giving a better balance to our community as well as the schools. And so my suggestion would be, with the needs assessment, we focus on all three because it seems that in building we have been encouraging very low income, extremely low income, but we haven't encouraged anything in the middle categories there, you know, 120, 140, and there are a lot of people that are going without because they can't -- you know, they don't have any building for them. They're not able to purchase the really low because they make too much money, yet they're not able to afford regular housing because they don't make enough money. And -- but we don't seem to be building any housing for them, and that's a concern of mine too and, I'm sure, of yours. COMMISSIONER HILLER: I agree. Page 45 April 24, 2012 MS. MOSCA: I was going to say we do have -- within our planned unit development listing and our affordable housing inventory but not yet built, we do have some of those projects that are or were scheduled to build 80 percent or 120 percent. I can think of one off the top of my head, which is Summit Lakes, and I think they're coming in to remove that requirement. So that's one that you're going to be losing that 80 percent and, I believe, also the 120 percent, which they had a commitment to do. So potentially we do see more and more of these developments, the PUD amendments coming in removing that requirement. COMMISSIONER FIALA: Because? MS. MOSCA: Because I think the general consensus has been we may not need those units in the community at this time. COMMISSIONER FIALA: Well, we certainly have a plethora of extremely low income, and as long as we have that, there's going to be a lot of people that go without. And we've got a lot of inventory sitting there on the marketplace in the very low but nothing for these people, for our young professionals with children. And, I don't know, I think a needs assessment would reveal that, and I think it's important to do that. MS. MOSCA: And, as county staff, we'll continue to provide that affordable housing inventory on an annual basis. We did that last year -- or the year prior, I'm sorry, which provided for the various ranges from the property appraiser for the market values. The only problem with that study is we didn't have the demand side. We had a supply, but the demand side was not available. COMMISSIONER FIALA: Well, boy, isn't that an important part of the equation? MS. MOSCA: Definitely is, I agree. COMMISSIONER FIALA: Yes, absolutely. I'll have more on that at another time. Anyway, economic opportunities, I just think that -- and I think Page 46 April 24, 2012 Commissioner Hiller was saying somewhat the same thing. We should do everything possible in our economy right now, with the situation as it is, to do everything we can to encourage economic development. I know Nick Casalanguida over there is doing everything he can through his department to streamline our permitting process, our zoning process. He's eliminated a lot of the bugs already, and we appreciate that, and I think we should -- we should do all we can to support that effort, and we should encourage fire departments to also work cooperatively to move things along rather than tie them up. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir. Thank you very much. Question. Regarding the Everglades City and Marco Island opting out of our affordable housing -- if I may, sir, would you step up there. What exactly did they contribute before, and what do they have to do now under federal rules on their own to be able to comply? MR. BOSI: Well, I'm not aware of what they would have to do at the federal level. I think there are state requirements that they have to make an attempt to provide for affordable housing within their jurisdiction. The prior agreement -- and, specifically -- I may ask the housing folks to give the specifics, but it was either provided percentage of share or a percent of the permitting fees; a small percentage of the permitting fees would be directed to the Collier County Housing Authority for their utilization of the provision of that component. COMMISSIONER COLETTA: And was that ever done? MR. BOSI: Buddy Ramsey is -- MR. RAMSEY: Good morning, Commissioner. Buddy Ramsey, operations analyst. The agreement, before terminated, provided that the city would pay the county 10 percent was building fees collected or $50,000, Page 47 April 24, 2012 whichever was greater. COMMISSIONER COLETTA: Okay. And they were doing that for a number of years? MR. RAMSEY: Yes, sir. COMMISSIONER COLETTA: Okay. And that was used in our affordable housing program? MR. RAMSEY: Correct. The funds can be used at any discretion of the Board of County Commissioners. COMMISSIONER COLETTA: Right. And now the -- now that they're opting out, what is going to be the requirements on the federal end where they have to take care of it themselves, or the state end. Or you don't know? MR. RAMSEY: My understanding, in speaking with the city, is that they're now going to be responsible, as Mike said, for their own, providing their own affordable housing on the island. COMMISSIONER COLETTA: Okay. So they're assuming full responsibility for affordable housing for people that are going to be working in Marco Island; is that what you're saying? MR. RAMSEY: That's my understanding. COMMISSIONER COLETTA: Well, that's a wonderful gesture. I'd kind of like to see them memorialize that in some sort of proclamation or something. That would be a wonderful thing to do. You know, even though affordable housing is questionable now -- and Commissioner Fiala's right, the market out there has changed tremendously -- the truth of the matter is as real estate values start to increase and the job markets start to open up, people are always going to want to hire people at the lowest possible wage they possibly can get them for, and those people are going to be looking for housing, and we're going to be back in the same situation some day. And we're going to have to deal with it when that time comes. Now, the other part -- the other question I have is regarding the needs assessment for waterfront improvements, docks, whatever, there April 24, 2012 was a -- there was something I seen in your slide presentation that gave me a little concern, and you went through it fairly quick, and I may have misread it, but it had to do with financial stability that was going to be judged on. Did I read that right? MR. BOSI: No, that was the requirement that is being modified. The current policy requires that new marinas and water - dependent related uses perform a fiscal analysis in order to demonstrate public benefit and financial feasibility of the proposed development. And the -- that fiscal analysis was what is being proposed to be changed by the Planning Commission. COMMISSIONER COLETTA: Okay. MR. BOSI: That was a needs -- COMMISSIONER COLETTA: And that would be lessened or removed? MR. BOSI: It's removed in exchange. A fiscal needs -- a fiscal analysis is replaced with a needs analysis. What is the amount of docks, for instance, in the general vicinity to justify the need for new docks? That's basically what the modification would lead to. COMMISSIONER COLETTA: Okay. In order for all these different measures to pass, it requires a vote of three? MR. BOSI: At transmittal it only -- COMMISSIONER COLETTA: At transmittal. But -- MR. BOSI: -- requires a majority. At adoption it requires a supermaj ority. COMMISSIONER COLETTA: -- at adoption it's going to be four. Okay. Well, I have to side with Commissioner Henning and Commissioner Hiller with my concerns over interference in this. And I do believe that we're probably overstepping our bounds again. I mean, there's the federal laws and state laws that reach down to this level to be able to meet the needs that are out there, and trying to micromanage the small inventory that's left, it doesn't appeal to me at April 24, 2012 this point in time. I mean, somebody would have to offer me a very convincing argument to do something differently. I think we overstepped our bounds in a lot of different things with rules and regulations and overlays we've put on top of state and federal regulations where we had no real business in going. MR. BOSI: Well -- and then that's where staff was -- staff is seeking to eliminate these two individual policies that we're discussing. The CCPC is seeking to retain them with slight modifications, and we're asking the Board of County Commissioners to be the arbitrator. COMMISSIONER HILLER: Yeah. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah. Let me -- I just have a couple questions, and I think I can make a motion. CHAIRMAN COYLE: Good. We need to take a break here in a minute. How does that sound to you? COMMISSIONER HENNING: Well, you want to take a break now? CHAIRMAN COYLE: No, go ahead. COMMISSIONER HILLER: Actually -- COMMISSIONER HENNING: The -- as far as the Camp Keais/Lake Trafford in the FLUM, what -- are we removing it from the RLSA and putting it in the Immokalee Area Master Plan? MR. BOSI: No, that's not what this amendment is doing. It's simply -- it's simply updating identification of where that flow -way is. COMMISSIONER HENNING: Okay. You're just saying here's the Camp Keais Strand? MR. BOSI: Yeah, based upon the new environmental data that we got. COMMISSIONER HENNING: Okay. I'm going to make a motion to transmit. Here's my -- I'm going to try to move forward, Page 50 April 24, 2012 and I appreciate and ask the assistance of my colleagues. Under the Economic Element Policy 1.4, Collier County will support, where appropriate, the economic development incentives of regional not - for - profit organization goals, efforts, countywide organizations, efforts of localized -- localized organizations. Instead of having the word "will," so that word is not confused, is to replace it, "may." We want to support ideas that we see a benefit. That's one thing that I would like, and it's part of my motion. I'm sorry. I have another question. MR. BOSI: And, Commissioner? COMMISSIONER HENNING: Yes. MR. BOSI: I was -- there was that -- that proposed change that you have, if I put it on the visualizer, I put the county "may" support the economic development. COMMISSIONER HENNING: Right. You had the same idea I did. In the FLUE, on Page -- and this is on the exhibit. Page 14, you're talking about activity centers, and your -- your -- in No. 1, marked paragraph, the applicant shall be unified, control the majority, but the quadrant is designed -- a majority of the quadrant shall be defined as at least 51 percent, and that's who can do the amendment. So if we have an activity center that's owned 50150, are we saying that they can't do any modifications to the activity center? What are we saying there? MR. WEEKS: Commissioner, you're exactly right. If a property owner does not own 50 percent -- excuse me -- 51 percent or more of a quadrant of an activity center then -- of the five that are eligible for a master plan, then that property owner cannot, through the rezoning process, modify the boundaries of the activity center. In order for anyone to do that, a landowner that does have 51 percent or more of the activity center quadrant in their ownership, they would also have to own land -- adjacent land outside of the activity center in order -- Page 51 April 24, 2012 COMMISSIONER HENNING: Okay. This is just expansion or a reduction? MR. WEEKS: It's a reconfiguration only. So if today you have 40 acres in that quadrant after the zoning action is approved, you know, if it is, to reconfigure the boundaries, you're still only going to have 40 acres in the activity center. COMMISSIONER HENNING: Okay. Well, that does make sense. Anyways, I'm going to continue my motion. Eliminate the policy on the marines, marinas, 10.1.7. MR. BOSI: It would be proposed 10. 1.6 and 10.1.7. COMMISSIONER HENNING: Correct. The FLUE map, Commissioner Hiller, that retain the property rights -- is that correct? Most of that's in your district. COMMISSIONER HILLER: Yeah. I have a real problem with that. COMMISSIONER HENNING: All right. Well, help me out then. COMMISSIONER HILLER: Okay. I can't support it at all. COMMISSIONER HENNING: Well, then tell me what we need to do. COMMISSIONER HILLER: What we need to do is we need to send staff back to the drawing board and ask them to bring back a revised program that in no way involves takings. With respect both to the coastal densities, with respect to this marina policy, it needs to be brought back. I mean, there are so many issues in here that -- COMMISSIONER HENNING: The marina policy we're removing. That's part of my motion. COMMISSIONER HILLER: Yeah. But, I mean, there's -- I mean, even the requirement -- are you removing the policy that was just up there, the modification to eliminating fiscal and putting in just MR.00HS: Yes. Page 52 April 24, 2012 MR. BOSI: That entire policy -- COMMISSIONER HILLER: Right. And, quite frankly, that whole policy is going to be eliminated altogether, so it's going to be struck completely. COMMISSIONER HENNING: That's part of my motion. COMMISSIONER HILLER: Okay. Yeah, as far as the coastal high hazard, I don't think you can do anything to reduce what has been afforded all the property owners in that Coastal High Hazard Area. COMMISSIONER HENNING: That's part of my motion. COMMISSIONER HILLER: Okay. And what about that indexing? What about the housing? I mean, that -- I mean, we've got a program there that doesn't -- I mean, that's -- no one even knows what they're talking about. COMMISSIONER HENNING: Well, I think that we need more information prior to adoption on that. That was part of the Affordable Housing -- MR. OCHS: Advisory. COMMISSIONER HENNING: -- Advisory Committee -- thank you -- their recommendations, and I would like to know more about that prior to adoption so we're all on the same page. It probably makes sense. I know some of the members on there, and they're in sync and have the same concerns as members of the Board of Commissioners. COMMISSIONER HILLER: Well, just to clarify so there is no ambiguity in terms of what we're transmitting, I think every policy that we're eliminating, every modification that we're not approving needs to be put on the overhead and needs to be included as an exhibit to the transcript so we understand exactly what we are approving. COMMISSIONER HENNING: Well, in the resolution in your backup material, it has exhibits for each of the elements, and it has the strikethrough and underline version. COMMISSIONER HILLER: Well -- but, again, in your motion Page 53 April 24, 2012 for where you're saying we're not going to approve certain things and we're going to approve the rest, I want exactly what you are proposing to be changed to be highlighted here for everyone to see. The fact that stuff is in the backup that, you know, no one out here in the audience has, you know, doesn't do anyone any good. I want it on the overhead. I want everyone to know exactly what we are objecting to and what we are transmitting. MR. BOSI: And I believe that would be contained within your motion. COMMISSIONER HILLER: But I want to see the specific sections, okay, of the packet that we are refusing, on the overhead, so everybody knows this is -- we all agree this is not going to be transmitted. COMMISSIONER HENNING: Mr. Klatzkow? MR. KLATZKOW: We could take a break now, and you could just come back with that information, give staff a chance to come back. COMMISSIONER HILLER: I think that's a great idea. CHAIRMAN COYLE: We could -- COMMISSIONER HILLER: I want there to be no ambiguity in this, because I am very, very concerned about all the takings issues that are embodied in here. And, Jeff, I think you've done a great job in analyzing and explaining it to us in simple terms. And, by the way, one last comment. You did a fantastic job in including the low - impact development standard as a future requirement. I'm so glad you're doing that. Thank you. MR.00HS: Commissioner? CHAIRMAN COYLE: Okay. How long will it take? We can schedule it later in the morning. We don't have to come back immediately after this break. MR. OCHS: Yes, sir. I just wanted to make sure that Commissioner Henning's motion was complete or not so we know Page 54 April 24, 2012 exactly what it is you want to see. CHAIRMAN COYLE: I think he reached -- he covered all of them. There were, I believe, four points; specifically, the activity center issue, the development initiatives, and the change to "may" rather than "shall," and removing 10. 1.6 and 10.1.7, and then the coastal density issues. MR. OCHS: My understanding, there was no change in the activity center, correct? COMMISSIONER HENNING: No, there wasn't. It was just a question as far as understanding. And, you know, my motion is still open, because I think we need to hear from everybody on the dais here as a representative of government. CHAIRMAN COYLE: I -- is there a second for the motion? Let's get that resolved right now. There's a motion by Commissioner Henning to do these things. We can wait to see if Commissioner Henning agrees with what you put on a piece of paper to show us a little later this morning before we can vote on this or even to second it. So whatever your preference is. COMMISSIONER COLETTA: Second it for discussion purposes just to take it forward. CHAIRMAN COYLE: Okay. So we've got the motion. Let's table this issue until the staff can come back, hopefully this morning, with concise statements of what the changes will be and show everyone on the overhead, and then we can debate it further, if necessary, or vote on it. COMMISSIONER HILLER: Can I ask Commissioner Henning to add one more thing to his motion, and that is a modification of the affordable housing policy to provide for, you know, consideration for workforce housing and gap housing, if you will, as Commissioner Fiala pointed out. Because that was essentially eliminated in the policy. Page 55 April 24, 2012 MR. OCHS: Yeah. When we come back with all of the changes on the visualizer, might I suggest that we show that -- the current definitions in the proposed language, and you tell us whether you think we've missed any of the housing ranges that Commissioner Fiala and yourself are concerned about. COMMISSIONER HILLER: Yeah, that's fine. I just -- I just want to make sure that's like one more -- MR. OCHS: I understand your intent, yes, ma'am. COMMISSIONER HILLER: -- issue that we need to modify. MR. OCHS: I understand. COMMISSIONER HILLER: Thank you so much. CHAIRMAN COYLE: Okay. We're taking a break for 10 minutes. We'll be back at 10:50. We'll hear the next item. MR. OCHS: Your time - certain, sir. CHAIRMAN COYLE: This item is tabled till later today. MR. OCHS: Yes, sir, thank you. CHAIRMAN COYLE: Thank you. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mic. Okay. CHAIRMAN COYLE: Okay, ladies and gentlemen, the Board of County Commission meeting is back in session. Where are we going to go now? Item #1 1 A RECOMMENDATION TO PROVIDE DIRECTION TO RESOLVE THE OUTSTANDING QUINCY SQUARE HOMEOWNER'S ASSOCIATION DISCUSSION TOPICS FROM THE MARCH 27, 2012 MEETING AGENDA ITEM #1 I F — MOTION TO APPROVE OPTION 43 — FAILED; MOTION TO APPROVE OPTION 41 — APPROVED Page 56 April 24, 2012 MR. OCHS : We're going to Item 11 A, sir. This item was continued from the April 10, 2012 meeting. It's a recommendation to provide direction to resolve outstanding Quincy Square Homeowner's Association discussion topics from the March 27, 2012 meeting. CHAIRMAN COYLE: And this is time - certain for 10 o'clock. We're right on time. MR.00HS: Yep. MR. VARNADOE: Dr. Yilmaz will present. CHAIRMAN COYLE: Okay. Mr. Yilmaz? MR. YILMAZ: Good morning, Commissioners. For the record, George Yilmaz, public utilities. Commissioners, as you recall, we were requested to come back with facts and findings, and responsive to the board's intent, inquiry, and direction, executive summary includes the following: Means and methods pursuant to ordinances listed on first page of the executive summary; secondly, hydraulic modeling to address site - specific conditions that deal with questions and inquiries in terms of pipe sizes, meter sizes, what is before and after the meter; lastly, financial alternatives for board consideration and direction, and that was also requested by the board for us to come back with alternatives with financial analysis, and we have those ready to be presented. I have three slides following introductory slides to briefly explain to the board facts and findings and results of the model, and that will be presented by our director of planning and project management. Following Mr. Chmelik, we'll have -- Joe Ballone, our utility customer service manager in charge, will briefly go over three slides that talks to those three alternatives that we're bringing before you for your review and consideration and direction. With that, I'm going to request Mr. Chmelik to come back and provide you with facts and findings of the model. Mr. Chmelik. CHAIRMAN COYLE: Okay. Page 57 April 24, 2012 MR. CHMELIK: Okay. Thank you. For the record, Tom Chmelik, public utilities. From a previous board meeting we were tasked to address two items. For the first, staff worked with Quincy Square to gain access to private property and was able to physically verify that 21 buildings have inch - and -a -half pipes after the meters and one building has a two -inch pipe after the meter. Given data collected, a hydraulic model was created to answer the second question; namely, how much was the two - inch -meter benefit diminished by the developer's installation of inch - and -a -half pipes as compared to two -inch pipes. Before we get to the modeling results, there are three facts to know about the meters. First, the available capacity of a two -inch meter is between zero and 160 gallons per minute; second, available capacity of an inch - and -a -half meter is between zero and a hundred gallons per minute and, therefore, any ability to receive anything over a hundred gallons per minute with a two -inch meter is a benefit over an inch - and -a -half meter. After running worst -case scenarios with the hydraulic model and after having these results reviewed by an independent engineer, we concluded that Quincy Square received substantial benefit of having two -inch meters even though inch - and -a -half piping was used downstream of the meter. Specifically, 90 to 100 % of the two -inch meter capacity was available with no perceptible loss of pressure. Commissioners, now our utility billing and customer service manager will present options to you. Thank you. MR. BALLONE: Thank you, Tom. Good morning, Commissioners. For the record, Joe Ballone, utility billing and customer service. As Dr. Yilmaz mentioned, there are three financial alternatives that we have in front of you today in the executive summary for your consideration, and I'll briefly go through each one so you understand April 24, 2012 what each one includes. Alternative No. 1 asks you to consider waiving any of the meter and backflow installation charges as a result of replacing the two -inch with a one - and -a- half -inch meter and backflows, and that, for your information, is included in all three alternatives. Number 2, at the last board meeting you asked staff to visit the site and verify the pipe sizes, as Mr. Chmelik mentioned. While staff was on site, representatives of Quincy Square did ask staff to -- in addition to looking at the 20 buildings that were involved, to also look at the meter and the service line that was associated with the pool and the pool building. Staff did do that and identified that there was a one - and -a- half -inch meter servicing the pool and recreation building with a one -inch service line delivering the water from the one - and -a- half -inch meter to the pool building. Therefore, we're including in this alternative a credit for the difference between the billing charges for a one - and -a- half -inch meter to one -inch meter, and we're asking you to consider that credit for the homeowners' association today. Based on the results of the hydraulic analysis that was performed and the conclusion that customers did receive the substantial benefit of having a two -inch meter even though the pipes behind them were smaller, in this alternative we're asking you to consider granting no credits to the homeowners' association as they had requested. And, finally, we're asking you to uphold the sewer back charges for two of the buildings out of the 20 that were going back four years, per the statute of limitations, per the signed pay plan. And just for note, they have been paying on that and have made four payments. Alternative No. 2, I'll repeat, includes the waiver of installation charges for your consideration; consider granting a credit of $101,273 CHAIRMAN COYLE: Could we see the slide for Alternative 2? Page 59 April 24, 2012 MR. BALLONE: Yes, I'm sorry, Commissioner. CHAIRMAN COYLE: There we go. MR. BALLONE: -- a credit of $101,273.46, that represents the billing difference between a two -inch meter and a one - and -a- half -inch meter going back four years -- that's per the statute of limitations -- for buildings that had an inch - and -a -half service line installed by the developer between the meter and the buildings themselves. That $101,000 does include the credit for the pool meter as well, as mentioned in Alternative 1. And, again, also, to repeat, upholds the sewer back charges for the two buildings per the agreements that we had signed previously. And finally for your consideration, Alternative No. 3, to repeat, includes a waiver of the installation charges; consider granting a credit of $117,707.91, and that number represents the billing difference between a two -inch meter and an inch - and -a -half inch meter going back to the service date, or the date of installation of those meters, not in accordance with the statute of limitations, for any buildings that had an inch - and -a -half service line between the meter and the building. And, again, that does include the credit for the pool meter as well. If we were to consider that credit going all the way back to the service date installation, we would ask you to also consider additional sewer back charges of $3,232.58 in addition to the sewer back charges for the two buildings. That would represent the addition going back beyond 48 -- four years to the date of installation. And for this alternative, there would be a net credit to the homeowners' association of $99,537.21. We have one more slide that we'd like Dr. Yilmaz to address, and that is for you to understand the consequences and the considerations of any of the alternatives that you're considering today. Thank you. COMMISSIONER HENNING: Is this new information that's not in our backup material? April 24, 2012 CHAIRMAN COYLE: No. I think it's all there, isn't it? MR. YILMAZ: Yes, it's all here. And for the record, George Yilmaz, public utilities. It's just to wrap up and summarize the facts and findings for the board, if I might, sir. For board's considerations, Alternative 1 is consistent with previous staff recommendation. Secondly, the board's selection of either Alternative 2 or 3 would potentially shift developer responsibilities and liabilities to the Collier County Water /Sewer District that do not exist under current ordinances and /or practices. Lastly, consistency of applying four year to any credit and /or back charge is prudent and has been found legally sufficient in the past as a rule, and we have back checked with our special legal counsel, and they also, indeed, support business practice and what we have done in the past, applying the statute of limitation in this case, four years, as we have done in the past, moving forward. And those are the three points that I want to bring and disclose to the board as part of our facts and findings summary. CHAIRMAN COYLE: Okay. How many speakers do we have, Ian? MR. MITCHELL: Sir, we have three speakers. CHAIRMAN COYLE: Okay. Commissioners, would you like to hear the speakers first before you -- COMMISSIONER COLETTA: Why not? CHAIRMAN COYLE: Okay. All right. Then let's call the first speaker. MR. MITCHELL: The first speaker is Michael Etelamaki. MR. SAMOUCE: Yeah. Real quickly, I'm Rob Samouce, the attorney for the association. And we're going to have Michael speak first, then we would like to have Stan Kowalski (sic) speak on behalf of the association, and then I'd like to recap our position, okay? CHAIRMAN COYLE: Okay. MR. SAMOUCE: I have a copy of the handout he's going to Page 61 April 24, 2012 show you on the overhead for you -all. CHAIRMAN COYLE: Okay. Could you give it to the court reporter there for the record. MR. ETELAMAKI: Mike Etelamaki. I work for W.J. Johnson. We're the engineer for Quincy Square turnover. I was here at the last meeting when this was on the agenda and, basically, in summary, my conclusion is there is no benefit to having a two -inch meter on a one - and -a- half -inch line. I prepared this handout and presentation. Starting with Page 1, it's entitled "Quincy Square Meter Service Sizing." This is the document that was provided to us in a meeting December 9th here at Collier County Utilities offices. And, Leo, if you would focus in at the bottom of that a little closer, it's dated 2/9/2011. This is based on Florida Building and Plumbing Code requirements for sizing. And this is Collier County Utilities' own calculation. At the bottom to the left we have a per -meter table exceeding 50 gallons per minute; meter size, one - and -a -half inches. We, at that time, thought we had an agreement with sizing a meter to inch and a half. I've got brief time here, so I'll keep moving along. Page 2 is "Florida Building Code Minimum Water Requirements Service Size," and I have a note on the upper right -hand corner, utilities engineer calculations of fixture units is 88, from the first page. The Florida Building Code recommends an inch - and -a -half meter. If you'd follow the red arrow down to where the big "88" is placed and you go across the table, diameter of water pipe, inch and a half. Recommended meter size, inch and a half. Okay. Moving on to Page 2, and this is where it's critical to understand the difference between capacity based on flow and capacity based on pressures. Pressures are important. There's pressure loss involved. And what I've provided on this page at the top Page 62 April 24, 2012 is a table of a calculation of water flow rates for different pipe sizes based on an engineering formula called a Hazen - Williams formula, and it's got various pipe sizes across the top, pipe length. And if you go to the one - and -a- half -inch pipe size and the 100 -foot length, the flow is 101 gallons per minute. Now, how does that fit into what staff is saying? I took Table 3 from their Attachment C on your agenda item at the bottom. And note that the maximum flow capacity of a two -inch water meter is 160 gallons per minute, which was already stated earlier, and an inch - and -a -half meter is 100 gallons per minute. Now, if you take that calculation from above, 101, and insert it in their table, which I've done -- so this is a modified version of their table. Insert the 101 gallons per minute, and then go across to the net benefit, the last column, you're getting a one - percent net benefit of putting a two -inch meter on a one - and -a- half -inch pipe. And understand, you've got a restriction of one - and -a- half -inch pipe, you've got a two -inch meter with a capacity of up to 160 gallons per minute; you cannot possibly put 160 gallons per minute through a one - and -a- half -inch pipe that only handles 101 gallons per minute. That's the conclusion on that page, the bottom. And I'd like to finish in summary the last page on your handout, on my handout. These points are very critical. And the last one is what we need to hammer home here. Number 1, is a two -inch meter on a one - and -a- half -inch pipeline necessary? And I've said this at the last meeting and before, the answer is no because the two -inch water -meter capacity of 160 gallons per minute is wasted due to the one - and -a- half -inch pipe flow restriction of 101 gallons per minute. See the bottom of Page 3. And, sorry for the repetition, but these are emphasizing the points. Point No. 2, is a two -inch meter on a two -inch pipeline overkill? And my answer is yes, it's akin to a Rube Goldberg. I don't know how many people here have heard the expression Rube Goldberg, but this Page 63 April 24, 2012 is overdesign, overkill. It's not necessary. We have a total demand, peak demand, of 55 gallons per minute. Why do you need 160 gallons per minute to meter 55 gallons -- 55.4 gallons? And I'll get to that later at the bottom. I guess the valid question under No. 3 would be, does a one - and -a- half -inch meter meet code requirements? The answer is, simply, yes. See Page 2. I talked about that already. It meets all of the Florida Building and Plumbing Code requirements. Number 4, does it provide an optimal range of design flow that meets minimum code requirements as well as provide optimum range of flow for meter accuracy and functionality? Yes, a one - and -a- half -inch meter capacity is 100 gallons per minute. The total demand is 55.4. So you've got an extra capacity over and above that total peak of 44.6 gallons per minute. That equates to about 81 percent safety factor, if you want to call it that. Therefore, an inch - and -a -half meter has extra flow capacity over and above the total demand and exceeds without compromising the meter's accuracy or functionality. And that's always a consideration in designing. Number 5 -- and this is where this really -- where the rubber hits the road. Does an inch - and -a -half meter on a one - and -a- half -inch service pipe under peak use in all four units in this building -- now, you've got four units turning -- and here's my scenario. Four units using all that water. It's called -- this is the total peak demand calculation, the 55.4. It includes all four units. The inch - and -a -half meter can handle up to a 100 gallons per minute, which is nearly twice the total peak demand; 55, compare that to 100. Again, you have extra capacity. Anything over that 100 is total wasted Rube Goldberg design. So in order to reach a total or peak demand of 55.4 gallons per minute, all four unit occupants would have to run all of their appliances, flush all their toilets, open all faucets and outdoor hose April 24, 2012 bibs at the same time. This kind of event just simply wouldn't happen. It is very highly unlikely to happen. Any questions? MR. MITCHELL: The next speaker is Stan Chrzanowski. CHAIRMAN COYLE: Hold on a minute, hold on a minute. All the commissioners have their lights on, and they want to speak. Does anybody have a question of this particular speaker? COMMISSIONER HENNING: No. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: No. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Go ahead and ask it. COMMISSIONER FIALA: Okay. I understand your whole report, but being that we didn't offer that meter, the developer did, have you asked him those questions? And, then, have you asked him why he ordered them if he knew the answers? And, lastly, why would you want us to pay for his errors? MR. ETELAMAKI: Well, I -- it's hard to speak for something that happened six years ago that I wasn't there for, but I would answer that question by saying there should be a process in -house for taking in requests under permits and sizing water meters, which I think I talked about already last meeting with this form that's filled out, and it's based on fixture unit demand, and it sizes the service line and meter. The only other possible scenario is that staff -- utility staff wanted a minimum of two -inch under any circumstance. I don't know that to be a fact. I wasn't there. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: Yeah. I would like to -- I would like to address what you said, because the evidence you've produced contradicts very clearly what has been represented by staff in their earlier presentation. Page 65 April 24, 2012 And as to the issue of your question, Commissioner Fiala, as to, you know, where is the developer in all of this, I actually would like the engineers for these different projects from that period of time -- I'd like Hole Montes to come and speak and tell me what happened when they presented their plans, I would like Agnoli Barber to come -- in fact, the engineer for the county, our chief engineer right now used to work for Agnoli Barber. I'd like him to come up here and tell me, whether on projects similar to this, how staff directed professionals to install one type of meter over another. I want to know whether there was any option given to these engineers or whether they were told by staff, this is what you have to do. And I will also say this. In the evidence that was presented at the last hearing, nowhere did we see the developer sign off on those two -inch meters. Nowhere did we see the developer's engineer sign off on those two -inch meters. In fact, there is nothing telling us who that individual was that signed off on the form that staff presented. So I'm left very, very concerned. And while I completely understand the issue of, you know, shifting responsibilities, it is what it is. And either county staff did specifically provide that two -inch meters would be installed or they did not. And if they did, where clearly there was no benefit -- and you have clearly also disproved the argument that there has been benefit that the county -- you know, that these individuals in Quincy should be benefitting -- I'm sorry -- have benefited from and therefore, should be paying for. I mean, you've clearly disproved that, because on your -- and I just want to clarify my understanding because this is the first time I've seen this -- but when I look at your chart on Page 3, when you introduced the 101 in GPM in the staff analysis, the incremental benefit is 1 percent. So, clearly, there is no benefit, and the benefit is derived by virtue of the size of the pipe, not by size of the meter. So with the one - and -a- half -inch pipe, you're going to get X April 24, 2012 benefit. And the meter is not going to add the benefit, contrary to what was presented. Now, that is very, very compelling evidence. So the argument that Quincy has somehow detrimentally -- or has somehow benefited and, therefore, should pay is not true. Quincy is being asked to pay for no benefit, and this one percent represents the no benefit. So is my understanding correct? MR. ETELAMAKI: Yes. And what's missing in staff s analysis, is they never go into calculating what a pipe -- using Hazen Williams formula, which is a recognized engineering method, they never introduce that. They always talk about pressure benefits. COMMISSIONER HILLER: Yeah. I'm very concerned. That is a material omission. And it's very, very clear to me that the additional cost that Quincy has been made to pay did not provide any additional benefit and, therefore, they should not be charged. So I'm going to make a motion. And I understand that you still want to speak, and I'm going to let you speak, but I'm going to make a motion that we approve Alternative 3. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Hiller to approve Alternative 3, second by Commissioner Henning. We still have speakers. Who's the next speaker? MR. MITCHELL: The next speaker is Stan Chrzanowski. MR. SAMOUCE: Yeah. Stan's going to speak on the capacity issue and how that was handled when he was engineer with the county. MR. CHRZANOWSKI: Good morning, Commissioners. Long time no see. Been retired for a little over a year and a half now. I was the engineering review manager and a senior engineer with community development for about 14 years, worked for Collier County a total of 19. Page 67 April 24, 2012 During the time that I was with community development, which later became growth management division, my department was charged with reviewing subdivision and site development plans; utilities, stormwater, all the facets of the drawings. There were three people that did utility review under my watch. One of them is retired presently, living in Collier County, probably watching this right now. I got an email from him the other day. The other one is dead, and the third one still works at Collier County doing the same thing. The one that's retired, I talked to him, and his memory and my memory are when a project was designed, it was submitted, and the sizing of the meters was done by the utility department. All the engineer submitted was a fixture count. The utility department told them what size meter they had to use. Now, I'm only here to talk about process. I'm not here to talk about the engineering. I'm not here to talk about one type of meter as opposed to another. Just process, that's all. I don't know -- I know Mike from when he worked at the county. We were never real close, but I know him. He's a good guy. I don't know Rob Samouce at all. Never met him before. I'm not being paid to be here. I was just asked during a telephone conversation by Rob if I would come in here and verify what I told him on the phone, and that's why I'm here. Any questions? COMMISSIONER HILLER: Yeah. CHAIRMAN COYLE: Go ahead, Commissioner Hiller. COMMISSIONER HILLER: Yeah. Stan, thank you very much for what you've explained. So if I understand correctly -- and I'm looking at some emails that I received -- I actually asked the question that you are answering here today, but the answer that I got from staff was very different. And so, obviously, I'm very concerned by staffs representation in these emails. And you're welcome to see them. County engineering reviewed the plans, and the meter size was April 24, 2012 specified by utilities. MR. CHRZANOWSKI: Yes, and there was a period of time where the meter actually was -- the engineers were told not to put the meter size on the drawing when they submitted, that they would be told later what size meter they were going to put on the project. But that was -- there was a long period of time where there was a lot of work going on in Collier County. And the people that are involved in this right now, I don't remember them being actively involved when this was going on when I was doing it. So it's possible people don't remember what was going on or don't know. COMMISSIONER HILLER: I certainly can understand that, and I really appreciate you being here, because it -- you know, actually you are a credible witness, if you will, in this particular case. I mean, you absolutely know what happened then, so I'm going to disregard these emails from staff. The other thing that concerns me is it appears that all these meters had to be purchased through the county; is that correct? MR. CHRZANOWSKI: You'd have to talk to the utility department about that. COMMISSIONER HILLER: Did -- were -- let me ask. George -- or, I mean, who was here back then? Did the meters have to be purchased through the county? I asked a question about who sold the meters to the county, and the response I got was a firm called A- M -C -O, AMCO. And I don't know if they referred to themselves as AMCO or A -M -C -O -- that they were located in Ocala and that they basically were the sole source for meters at the time, and I would like you to correct if my understanding is incorrect, that all meters had to be bought through the county; is that correct? Or paid for to the -- you know, I guess you -all purchased the meters and installed the meters? MR. YILMAZ: Yes, ma'am. COMMISSIONER HILLER: Okay. So these meters were not purchased and installed by the developers? 5�6 11 April 24, 2012 MR. YILMAZ: In this specific case, we installed the meters. COMMISSIONER HILLER: And you purchased the meters also? MR. YILMAZ: Yes, ma'am. COMMISSIONER HILLER: Did AMCO have one - and -a- half -inch meters available at that time? MR. YILMAZ: Yes, ma'am. COMMISSIONER HILLER: Thank you. And these meters, by the way -- sorry. One last question. They were not defective, were they? Because you had said earlier that they were defective, and now in the email that you sent me you say that they were not defective, the two -inch meter. MR. YILMAZ: They have not been defective. We tested in- house, and we also have an independent testing company confirming that they were not defective. COMMISSIONER HILLER: So the defective meters you were referring to related to another case? MR. YILMAZ: The question I had was in general. In this case, were the meters in this specific subdivision accurate? The answer was, yes, they were accurate, not defective. COMMISSIONER HILLER: So there were no -- there -- you had in the previous hearing discussed malfunctioning meters or meters that somehow were defective. I'm not sure what the proper terminology is for, you know, describing the situation. But that did not relate to these meters, to the Quincy meters? There were other meters that were found to be defective? I just want to reconcile the facts between what we heard at the last hearing. MR. YILMAZ: In this specific case, all the meters were tested. They were found to be accurate and not defective. COMMISSIONER HILLER: Okay. So in other words, none of the overbilling is related to product defect, and AMCO has no liability for any -- anything because what they provided to you, the county, Page 70 April 24, 2012 that you, in turn, installed for the benefit and, in this case, to the detriment of Quincy -- hang on. I hear chirping. (Cell phone ringing.) CHAIRMAN COYLE: Who's quacking? COMMISSIONER HILLER: Sorry. I was a little distracted. MR. YILMAZ: Yes, the answer is yes. COMMISSIONER HILLER: Okay. Yeah, got it. So they have no responsibility whatsoever, because you have no problems with the manufacturing? MR. YILMAZ: In this case, yes. COMMISSIONER HILLER: Okay. But they are responsible in another case? MR. YILMAZ: We're planning to come back before the board, target day being the second meeting in May. We will present to you our substantial completion of the planner for the -- district -wide, which is our internal QAQC, an internal process control, and facts and findings will be presented at the time to the board, but that's district -wide, not neighborhood by neighborhood. COMMISSIONER HILLER: And you have found defects in these meters district -wide? MR. YILMAZ: In some cases. COMMISSIONER HILLER: All right. MR. YILMAZ: And, Commissioner, if I might? COMMISSIONER HILLER: Yes, of course. MR. YILMAZ: And, Chairman, with your permission, very briefly, in response to what we heard from our -- my peer licensed professional engineer, I would very much appreciate it if you go to your package and your executive summary and go to page, packet Page 243, if you might, please. COMMISSIONER HILLER: Can you put it on the overhead, please -- MR. YILMAZ: Certainly. Page 71 April 24, 2012 COMMISSIONER HILLER: -- so everyone can refer to it at the same time. MR. YILMAZ: Much easier. That's the -- that's the summary page. As you can see, we have -- we have -- if I might, sir, move it a little bit up. MR. OCHS : Why don't you grab the portable mic and come over here and just work it from here. That way you can point to what you want. Speak right up into it. MR. YILMAZ: If I might, Commissioners, the benefit summary on that page clearly indicates that water main service line, which we main (sic) and operate two inch going into water meter size, that is the size of meter requested at the time by the developer, that we put in place, connected to one - and -a -half inch, which comes later after we install the meter, shows that capacity benefit, worst -case scenario, 90 percent, and the pressure benefit being 97 percent if compared to that pipe was two -inch in lieu of one - and -a -half inch. The second point I want to make, if I might, Commissioners, is that we had three licensed professional engineers sign this document. And all of those, not only hydraulics, but civil engineers. In addition to that, two of those are water GEMS certified expert model. What we have done here is not a linear model or linear calculation. This was a water GEMS model, which includes multiple dependent and independent variables going all the way the second floor, first floor fixture counts, site specific assessment. I just want to point out that this is what we have done in- house, and we have -- we have -- two certified expert modelers signed off on it, and three out of four certifying professionals are licensed professional engineers. And if I might, this is also part of your executive summary package is that -- it is on Page 244. We have requested from an off -site independent engineering firm to do a peer review on our facts and findings. And a peer review, without repeating what's in the Page 72 April 24, 2012 executive summary, came back and confirming that means and methods and facts and findings that we came to, sound. With that, I want to be able to indicate that we have gone through site - specific modeling with internal QAQC. Next we have included within our package independent consultant peer review. So it's not just the staff work, but we have an independent consultant peer reviews looking at it, and the consultant also is a business consultant, has an MBA, in addition to being a licensed engineer. Therefore, we strongly think that what we have before you today is technically sufficient, scientifically prudent, and legally defensible based on internal /external experts on record as listed in Attachment C of your docket book in executive summary. COMMISSIONER HILLER: George? COMMISSIONER FIALA: On this subject, could I just ask one question? May I? CHAIRMAN COYLE: Go ahead, Commissioner Fiala. COMMISSIONER FIALA: Your questions were great. Thank you very much. And I really appreciated Stan. I just have one -- to me it's a very simple question but a very direct one. I understand everything that you've put on the record here is correct except nobody's told me yet who actual ordered these things. And, Stan, you said that usually staff was the one to determine the size; is that correct? MR. CHRZANOWSKI: To the best of my recollection -- and I'm 100 percent positive, because I did talk to the reviewer that did most of these for the span of 14 years, and both of us say that the fixture count was given by the engineer, and the utility department sized the meter. COMMISSIONER FIALA: Okay. So if the utility department then ordered this size, then it casts a different shadow on this whole thing. Page 73 April 24, 2012 MR. MONCIVAIZ: Good morning. I'm Gilbert Moncivaiz, with public utilities, impact -fee coordinator. A couple points that I wanted to make is we're talking about the meter size. The meter size was driven by ordinance back when that first permit came in in 2005. The ordinance in place was -- to size the meter was based upon the square footage of the unit. And I can take you -- I can show you the original permit that first came in and how the request happened. If public utilities had operated in a vacuum, the size would have been an inch - and -a -half meter, and that would have been installed; however, we received a request for a two -inch meter, and that's what was installed. So if I can -- I can show you the first permit that came through. This is a 2005 permit, and the contact information has a person listed as Dorsey. If we go to the second page, in which we have the content and comments in the permit, the reference from 2005 shows that there was a request from the developer from this contact to put in the two -inch meter. So that's how -- that's how that happened. COMMISSIONER HILLER: Can you point out where that is? MR. MONCIVAIZ: Right where the pen is highlighting is the 2005 request that we received. So since this was the contact name, this request was honored. COMMISSIONER FIALA: So it was not our utility department that made that decision; it was the developer? MR. MONCIVAIZ: That's correct. If we were to operate in a vacuum, we would have put that as one - and -a- half -inch meters, according to the ordinance in place at that time. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN COYLE: Okay. Rob, it's your turn, I think; is that right? MR. MITCHELL: It is, sir. MR. SAMOUCE: Okay. Just to clarify and recap, first of all, the Dorsey on the overhead and that phone number, we tried to contact Page 74 April 24, 2012 that number, and it doesn't work. Nobody's been able to find a Dorsey representing the developer. We have testimony from the engineer at the time saying him and his colleagues for all the time they were there, it was the utility department who decided the size of the meters, not the developer. It is our understanding many times the developer would make a certain request or they were told, like he said, to leave it blank, and they would come back and say what size meter needs to be in there. As into the report with the independent verification, that you get 97 percent of capacity out of a one point -- 2 -inch meter as compared to 1.5 -inch meter, again, it's kind of irrelevant when all you need is 55.4 gallons per minute, and your 1.5 gives you 101, your 2.0 gives you 160. You're never going to need more than 55.4 when all the valves and faucets are turned on. So it's not that it's contradicting what staff is saying. We're saying it really doesn't matter. The capacity would never be needed by that building the way it was sized. It should never have been needed. So on those points right there, you know, we definitely think it would be right for the county to reimburse our clients for the water they never could have used, never did use but were charged for in the amount of Alternative No. 3, which is about 99,000 some odd dollars. As to the four -year statute of limitation that was brought up for Alternative 2, again, our clients did not take over the association until 2010 to even know about the problem. The statute of limitations, there is case law that says if you have a statute of limitations, it is extended from when you knew or should have known of the problem. There's no way they would have known of the problem until 2010 at the earliest, which would give them to 2014. So we respectfully request that County Commission direct staff to credit their account for the Alternative No. 3 amount. Thank you. COMMISSIONER FIALA: How much is the developer paying? Because it was his decision apparently that decided the two -inch meter Page 75 April 24, 2012 rather than the one - and -a -half. How much is he paying toward this? MR. SAMOUCE: Well, first of all, you just had testimony it was not the developer who decided what size meter it was. The engineer said at the time it was county was the one who told the developer what size meter to put in. So the developer is not involved at this point. COMMISSIONER FIALA: Stan, did you mean on this particular item or just generally? MR. CHRZANOWSKI: Ma'am, I don't remember this particular item. COMMISSIONER FIALA: Okay. MR. CHRZANOWSKI: But in general it was the utility department that told the developer what meter size for -- COMMISSIONER FIALA: And if somebody -- MR. CHRZANOWSKI: -- fourteen years. COMMISSIONER FIALA: -- ordered it, like the order that we saw here, would you follow that or would you -- would you follow what they ordered, or would you put in what you thought was right? MR. CHRZANOWSKI: There were -- well, it's what the engineer thinks is right, and if he's upsizing a meter, we wouldn't care. If he was downsizing a meter, because of head loss issues, we would have cared. But there were some -- you have to remember, back then there was a big push to accelerate projects through the system, and if you got turned back on a project, it took you three or four months to resubmit and come through the process again. So there were some engineers that just automatically put in a two -inch meter knowing that it would get through the utility department. If this is that case, I don't know, but I don't know the specifics of this case. You'd have to go by paperwork that Gilbert found and I -- just, in general, the utility department sized the meters. CHAIRMAN COYLE: Okay. No more public speakers? MR. MITCHELL: No, sir. That was your last public speaker. Page 76 April 24, 2012 CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: I'm the only one that hasn't spoken. CHAIRMAN COYLE: Okay. It's time for you to speak. COMMISSIONER COLETTA: Well, thank you, sir. I appreciate that. Get to my notes here again, if I may. When the utility itself -- I'm sorry. Mr. Yilmaz, if you would please. The utility itself is a closed system. Just the utility customers are the only ones that pay into the system, and those -- what they pay into it goes to cover the expenses, is that correct? Or do you use general funds? MR. YILMAZ: The first statement is correct, sir. COMMISSIONER COLETTA: Okay. MR. YILMAZ: Utility fee -- utility fee drives the enterprise fund, and it's a closed system. COMMISSIONER COLETTA: Okay. So whenever you take anything into consideration where you're going to give one ratepayer special consideration over another ratepayer for whatever reasons, you're going to have an effect on the total outcome downstream for everyone else. I think that would be a correct way; downstream works for utilities when you use that terminology? MR. YILMAZ: Yes. From engineering standpoint, I was just going through that process in the morning, downstream and upstream. And in financial terms, it is -- it is a fund, closely control, needs to balance itself as enterprise fund. Short answer is, every penny comes in and every penny goes out has to be accounted for, Collier County Water /Sewer District. COMMISSIONER COLETTA: Okay. So everything I've heard here today leads me to believe the fact that we have to make a decision based upon performance of our sewer and water department at one point in time regarding the installation of meters. And who was responsible for ordering two -inch meters versus Page 77 April 24, 2012 one - and -a -half? When it came to the two -inch meters, the developer, whoever it was, did they sign off in the end on what was there? How does this process works? Just to make sure I understand it. MR. YILMAZ: Going back and doing the research and looking at all the facts and findings came and presented to me, I have enough information and data shows that it was requested by the developer -- at the time developer was named as Centex -- and for every meter except one, pool meter, which we have given credit under Alternative 1 as recommended, that the request was driven by the developer. Now, if I might, Commissioners, one - and -a -half inch is the meter we have requested at that time based on the information I reviewed. Now, if the developer comes in, and says for any reason, I want to have a higher service level standard, we're not here to constrain or restrain our customer base. If our customer comes to us and they say we want above and beyond your minimum service level in terms of flow rate and pressures, our general approach has been, and will continue unless otherwise we hear from the board, that we're not here to tell people up to how much they can use water. We're simply here to establish minimum standards based on public health, safety, prudent engineering practices, and plumbing code. So in this case, we did have the minimum standard; developer came in and requested higher level of service. We granted it. One more point. As far as the process goes, if the developer came and said, I want more than one size up, we would request record of engineer, engineering of record, come back and demonstrate a need for that additional step. But this was one - size -up meter request, and we usually don't get our customer base, in this case developer, go through heavy engineering research and development and modeling if it's only one size up. So it's one of those things that not only we like to be responsive to our customer base, but also we have to maintain our minimum standards. But we're not here to tell people how much they can, they I • April 24, 2012 cannot use water. COMMISSIONER COLETTA: But back a number of years ago, closer to 2000 when we first came on the commission, there was all sorts of shortages as far as available water -- MR. YILMAZ: Yes. COMMISSIONER COLETTA: -- and sewer, and I remember at that point in time that we even had houses that were built that we couldn't give them the certificate of occupancy -- MR. YILMAZ: Yes. COMMISSIONER COLETTA: -- because of the fact that we couldn't guarantee that there'd be adequate capacity. MR. YILMAZ: Yes. COMMISSIONER COLETTA: I remember that well. MR. YILMAZ: Yes. COMMISSIONER COLETTA: So there is something to be said with -- when a person takes a certain amount of capacity, they pay for the price. The price that they pay is in relation to the capacity they can draw on. MR. YILMAZ: Yes. COMMISSIONER COLETTA: There's only so much capacity that we have until we build more facilities. And so with that in mind, I -- I'm kind of at a loss. And even though I heard this passionate argument about how the county was wrong in this case, I can't agree with that, and I can't support the motion. CHAIRMAN COYLE: Okay. Were you next, or was Commissioner Henning next? COMMISSIONER FIALA: I don't know. Maybe Henning. you? COMMISSIONER HENNING: I think you already spoke, didn't COMMISSIONER FIALA: I had one more thing to say. CHAIRMAN COYLE: Ask questions, but -- Page 79 April 24, 2012 COMMISSIONER HENNING: Oh, if you don't mind. COMMISSIONER FIALA: Sure, please. COMMISSIONER HENNING: You know, this has nothing to do with who got the meter size. The fact is, is the capacity and can you use that capacity, gallons per day. And it was clearly demonstrated that gallons per day with all the faucets on, the dishwasher, the clothes washer, the showers, the tub, the outside spigot, you still can't get that capacity. So, you know, you're providing a fee for service, and if you can't use that service because the capacity -- you have a capacity issue with an inch - and -a -half line, you can't charge for it. That's the bottom line. I mean, taxes is a different thing. You can change taxes all day long, but a fee is a fee for service, and you need to have empirical data that that fee for service is just. Now, Mr. Yilmaz, you had a recommendation that you put on the overhead. When was that recommendation developed? MR. OCHS: Which one, sir? There were three alternatives. COMMISSIONER HENNING: No, no, no. The recommendations. The alternatives is a choice of the board. MR. YILMAZ: Yes, sir. COMMISSIONER HENNING: The recommendation is what staff is recommending. MR. OCHS: Yes, sir. Alternative 1, George. MR. YILMAZ: Yes. COMMISSIONER HENNING: When was that developed, the recommendation? I know what Alternative 1 says, I know what Alternative 2 says, and I know what Alternative 3 says. When was your recommendation developed? MR. YILMAZ: For this executive summary, because of the pool meter that we added, it was developed within this executive summary, because the pool meter came up and we included the pool meter as part of our Alternative 1, giving the credit. April 24, 2012 COMMISSIONER HENNING: So those recommendations were developed last year? MR. YILMAZ: These recommendations were developed in this executive summary cycle. COMMISSIONER HENNING: Okay. Here's what my recommendations in my -- it says, is that the Board of Commissioners, as ex- officio governing Board of Collier County Water and Sewer District, provide direction to resolve the outstanding Quincy Square Homeowners' Association discussion topic from the March 27, 2012, meeting, Agenda Item 1IF. MR. YILMAZ: Yes, sir, that's our recommendation. COMMISSIONER HENNING: Okay. Isn't that what the motion is going to do is -- MR. YILMAZ: Under -- COMMISSIONER HENNING: Mr. Yilmaz -- MR. YILMAZ: Yes, sir. COMMISSIONER HENNING: -- is that what the recommendation -- the motion that Commissioner Hiller provided and I seconded, are we -- we're giving that direction. Is that correct? MR. YILMAZ: Yes, sir. We're here to get the direction. COMMISSIONER HENNING: Okay. Let me ask you. What is your reserve, monetary reserve in water /sewer district? Just a rough guess. MR. OCHS: Let Tom -- MR. YILMAZ: If I might, Mr. Wides? MR. WIDES: Commissioners, for the record, Tom Wides, operations director for public utilities. At the start of this year, our unrestricted reserves were $46 million. COMMISSIONER HENNING: So you want to fall on your sword for less than $100,000? MR. WIDES: Sir -- Page 81 April 24, 2012 COMMISSIONER HENNING: That's a statement. You don't have to answer that. You know, the bottom line is, it's not about who requested the meter. It's about, again, can you use that capacity. And I just can't see it using the capacity. I mean, common sense would tell you if you have a different size delivery, you can't use that capacity. CHAIRMAN COYLE: Okay. County Manager, you want to say something? MR. OCHS: Just quickly. And, Commissioner, I need some -- probably some help from the staff. My understanding is that once we install the meter, then the decision on the size of the service line to the residence is the contractor or the developer. So I have to disagree a little bit. As I understand the issue, it's all about the meter size. It's not about what size pipe the developer put in after the meter. They could have put a two -inch to the building, which they did in one case, or they could have put an inch - and -a -half. The point we're making is that with a two -inch meter, there's certain capacity reservations that are made, and that is attendant to cost of the system to provide the capacity for that development. So -- COMMISSIONER HENNING: Well, I mean, you just gained capacity going from a one - and -a -half meter to a two -inch -- from a two -inch meter to a one - and -a- half -inch meter, correct? MR. OCHS: Yes. We've retrofitted now, but that's not -- that's not the point of this discussion. COMMISSIONER HENNING: Well, my point is -- maybe you didn't get it is -- I mean, why are you falling on your sword? Because it's clearly -- if they open up all the faucets, they still could not use that capacity. COMMISSIONER FIALA: They didn't know. MR. OCHS: We did not know that at the time we put the two -inch meter in. What if the developer put two -inch pipes to all the service buildings -- or service lines to all the buildings? I mean, they could have done that is my point, sir, is all I'm saying. April 24, 2012 COMMISSIONER HENNING: Yeah. MR. OCHS: In fact, they did it in one case. COMMISSIONER HENNING: So nobody knows -- I mean, we know what -- we know what size amperage electrical meter or amperage electrical service box and what size wire that we have in a house, okay, we know how many two -by -fours are in a house, but we don't know what size pipe we have in the house? I find that hard to believe, Mr. Ochs. MR. OCHS: Commissioner, my understanding is that we set the meter, there's a minimum code on what pipe size has to go from that meter to the building, but there was nothing, as has been said here by both sides, to stop a developer from upsizing that capacity for their own benefit. Again, my only point is I think this is entirely about meter size, not the sizes of the pipe going to the building. CHAIRMAN COYLE: Okay. My light's on. This is a very, very difficult issue, and I'm not sure how -- you know, how we could solve it. The problem is that proof has been provided to us that in this particular case the developer requested a two -inch meter, unless someone fabricated that document, and I find that hard to believe. We've been offered opinion by people who are familiar with other projects, and we have clear disagreement between one engineer about the benefit of the two -inch meter and three other engineers who have signed off on the staff s recommendations. So there really isn't any clear and absolute answer to whether there's a benefit to having a two -inch meter. But from my standpoint, I don't think it makes any difference. If the county had accepted the request of the developer for a two -inch meter and said, no, I'm not going to give you a two -inch meter. I'm going to give you a one - and -a- half -inch meter, and then the service wasn't adequate for the residents five years later, 10 years April 24, 2012 later, the county is going to be liable. People are going to come to the county and say, you wouldn't give us an appropriate meter so you have to pay us for whatever inconvenience we have endured, and you're going to have to solve that problem for us. But if we give the developer what they want, which is a two -inch meter, we're also held liable. It's crazy. And the point of demarcation is the meter for the county. We install the meter that's ordered, and whatever they do after that point, apparently, is okay, because we have no way of checking that. MR. OCHS: As long as they meet minimum code requirement. CHAIRMAN COYLE: Yeah, okay. And the minimum code requirement in this case was one - and -a- half -inch pipe. We had no way of knowing what they would ultimately do with that meter. And in order to find out now what our liability would be, if we set a precedent for paying for that action, we have to go out and dig up every line connected to a meter in Collier County to see if there are others that are in the same situation. That is also crazy. So I believe that the residents are due some consideration, but it seems to me they're due some consideration from the developer and not from the county, because it appears that the staff did exactly what the developer asked for, just as they did accept what the developer asked for with respect to every other element of construction of that building as long as it met code. So I'm very reluctant to accept responsibility for something that I don't believe the county is responsible for. But I would encourage you to pursue the developer about that. But, Commissioner Fiala. COMMISSIONER FIALA: Well, you said about everything I was thinking, as a matter of fact. So -- and you said it much better. I just -- I just -- as much as I -- I wanted to work with these people, because they're some really nice people, and I have some April 24, 2012 friends in there. But at the same time, it wasn't us that ordered that meter; it was the developer. And as much as I want to work with them, I think they should really go after the developer because he's the one that ordered it. We just followed instructions. It's just like going into a shoe store. You -- if you order a pair of shoes, Size 10, and they don't want to give you a 10, they want to give you a 7 and a half, so they do, then you go back and -- I mean, who should be paying for the error, you know. But, anyway, in my case -- in this case I fully believe that the developer is certainly responsible, and I bet he's thrilled that you're going after us rather than him. But maybe there's something we could do as far as the pool replacement or pool meter goes, and to waive all meter installation costs seems like a nice gesture also. I don't think that that's ridiculous to ask at all. But I believe that's as far as I would go. CHAIRMAN COYLE: Okay. Commissioner Hiller. COMMISSIONER HILLER: Thank you. It was clearly shown here today that the two -inch meter does not add a higher level of service. So the statements being made that, you know, we give the developer and the developer's engineer the option to upgrade the level of service to the unit by giving them the option of going above the one - and -a- half -inch meter to a two -inch meter is absolutely false because, again, mathematically it has been shown that there is no incremental benefit from a two -inch meter over a one - and -a- half -inch meter. With respect to the statement as to the pipes, that the developers can put in whatever pipe they like and the pipe comes in after the fact, the pipes are clearly identified by way of measurement on the plans. So this notion that, you know, they can come back and put in a one - and -a- half -inch pipe when they're requesting a two -inch meter makes no sense whatsoever because it clearly wouldn't pass inspection. Second -- thirdly, the issue of the expert brought in by the April 24, 2012 county, Tetra Tech, I read the expert opinion. Tetra Tech verified nothing. They reviewed the calculation to make sure that it was mathematically correct, and they didn't do anything more. So to place reliance on Tetra Tech's review would be incorrect. And they're not even here to defend it, so I'm left very concerned about that. We do not have any evidence that the developer ordered this meter. We have evidence here today that -- from the chief engineer of the county at that time that the utilities division was the one who made the decision about the meter size. Now, Commissioner Coyle at the last meeting made a very correct statement and that is, to the extent that Quincy has overpaid for no benefit, that overpayment is to the benefit of the other users of the system, not the contrary argument that was made here today. So quite frankly, I have to say that all the evidence here shows the county was at fault. And, in fact, I'm going to do a records request for all the projects that were approved in that year with a two -inch meter. I want to know how many projects were approved for a two -inch meter. And then I want to see, of those projects with two -inch meters, what the pipe sizes were per the plans and the permits. And I think we're going to find that there were a lot of two -inch meters being required by the county at that time. And this was just one of those many projects out there. Now, the argument that we should be shifting the responsibility to all the engineers, oh, I would like to see Hole Montes come in here and tell me on the projects that they had approved that they were the ones who recommended the two -inch meters, okay, because it's either the engineers representing the developers or it's the county. One or the other. I'd like to see Hole Montes in here, I'd like to see WilsonMiller in here, I'd like to see Agnoli Barber in here, I'd like to see them on this I'.:- :i April 24, 2012 stand telling us what the county was requiring of them at that point in time. COMMISSIONER HENNING: Are we going to go to the motion? COMMISSIONER HILLER: I'm really concerned. I made a motion. My motion stands. I think utilities has a very significant problem. I think if you go back and look at the evidence of how the meters were sized back at that time, the number of projects that were required to have this upsized meter, I think you will see that there is a pattern that works against the county. And I would like to see testimony from all these different engineering firms to tell us exactly what happened. But my motion stands, and I'm very concerned. CHAIRMAN COYLE: Okay. All in favor of Commissioner Hiller's motion, please signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: I've got to vote on my own motion. CHAIRMAN COYLE: I was beginning to wonder there. COMMISSIONER HILLER: I always take it as a given. You know, I just say whatever, yes. CHAIRMAN COYLE: Okay. All opposed, signify by same sign. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: So the motion fails with Commissioners Fiala, Coyle, and Coletta dissenting. COMMISSIONER COLETTA: Motion to approve Option 1. COMMISSIONER FIALA: I'll second that. CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta April 24, 2012 to approve staffs recommendation of Option 1, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It passes in this case with Commissioner Hiller and Henning dissenting. And with that, we're going to break for lunch. We'll be back at 1:01. (A luncheon recess was had.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission meeting is back in session. Where do we go now? We have a time - certain? MR. OCHS: Yes, sir, Mr. Chairman. CHAIRMAN COYLE: Okay. Item #5A IMMOKALEE AIRPORT UPDATE BY THE FLORIDA ARMY NATIONAL GUARD — PRESENTED MR. OCHS: Item 5A is a 1 p.m. time - certain hearing. It's a presentation regarding the Immokalee airport update provided by the Florida Army National Guard, and Mr. Curry will kick this off, sir. CHAIRMAN COYLE: Okay. Chris? MR. CURRY: Good afternoon, Commissioners. Chris Curry, executive director of the Collier County Airport Authority. April 24, 2012 I would like to introduce Colonel Widener, who's with the unit that will be positioned at Immokalee airport in the future, to provide you with a brief presentation and introduce the other members of his staff. CHAIRMAN COYLE: Good. Colonel Widener, it's a pleasure to have you here today. We're looking forward to your presentation. COLONEL WIDENER: Thank you very much. Thank you, Mr. Chairman. My name is Lieutenant Colonel Mark Widener, for the record. I'm the construction and facility management officer for the Florida Army National Guard Hickward (sic) out of St. Augustine. And on behalf of the adjutant general, Major General Emmett R. Titshaw and the almost 12,000 soldiers and airmen of the Florida National Guard, we are honored to be here to make this presentation. Just to introduce my staff, who I have with me this afternoon is Colonel Holiday. He is my plan and programming manager. And Captain Peck, she's my master plan. And fortunately we have two members of the unit that are actually here in Collier County. I have the commander, Captain Garcia, and his first sergeant, First Sergeant Caballo. CHAIRMAN COYLE: Good. COLONEL WIDENER: So with that, I would like to give you just a short overview, which is basically in two parts. One is for our organization, the Florida National Guard, and the second is some particulars as far as the facility that we plan to build. So with that, the slide I have up here at this point is just showing you that the Florida National Guard, like all National Guards, we work directly for the governor, Governor Scott. He's our commander in chief, because we are a Title 10 organization on a day -to -day basis. Our second mission, which is a federal mission, if we should have our soldiers activated under federal orders, we would fall under the president of the United States and under the command of the Army Apri1245 2012 and Air Force. And, of course, the 856 Quartermaster Company will be deploying and they will, in fact, go into that type of organization. Our major commands on the Army side are located in Tallahassee with the 83rd troop command. Our 53rd infantry brigade combat team is in Pinellas Park. The 50th area support group is in Homestead. We have the 164th air defense artillery in Orlando. We have our Camp Blanding joint training center, which is a 73,000 -acre training site, in the north central part of Florida and, of course, our joint forces headquarters where General Titshaw resides up in St. Augustine. On the blue side of the house, Air Force. And as you -- even though I wear blue now, because the Army kind of likes blue for their dress uniforms, I'm not an Air Force guy. But this is where our Air Force commands are. As you can see, we're located over in Tyndall. We're also located at the MacDill Air Force Base with their joint communications support squadron. We have our Det. 1 of the 125th fighter wing, which is in Homestead, and of course they have the mission of guarding our coast. We have the 114th -- the 114th range operations at the Cape, and we have the 202nd red horse, which is an engineer squadron, and the weather flights at Camp Blanding, and then, of course, we have the one wing, the 125th fighter wing, up in Jacksonville, and they fly the F 15's. And I know that they are C and D models because my son's in the Air Force, and he is a crew chief to an F 15 E Model, and he's very quick to tell me the difference between an E, C and D. So he keeps me straight as far as Air Force. As I mentioned, we do have a federal mission. And as you can see, we have been engaged in most of the conflicts that we've had over the last 30 years. That's pretty much what you're seeing here. Not necessarily your tourist spots, but wherever there is a need for us to support the Army and the Air Force, the Florida Army National Guard April 24, 2012 has had guardsmen there. And, of course, of interest to the county and the state, we respond to emergencies. And as you can see, from 1992 to 2011, we have had 71 activations of the guard in response to -- such as tornadoes and fires, hurricanes and floods. So we are a tremendous asset to the state and counties as far as responding to the needs to protect life and property. Hurricanes are a part of our heritage. And as you can see, as the map draws all of these tracts of storms, we've had to respond to a number of them. I didn't know that slide was going to do all that. CAPTAIN PECK: I didn't either. Sorry, sir. COLONEL WIDENER: But that is pretty impressive. COMMISSIONER FIALA: Yeah, it sure is. CHAIRMAN COYLE: You haven't even gotten to Wilma yet. Oh, there it is. COLONEL WIDENER: There we go, all right. And, of course, we were somewhat challenged back in 2004 and 2005. If you are tracking the activations of the Florida Guard, we were very much involved with Iraq and Afghanistan at the time. Pretty much half of our formation was down range and, yet, we had these storms make landfall, and we were able to respond to the needs of the citizens of Florida and to the governor's call for support on all these storms. As you -- as you well know, Wilma came right across here. I think you -all even had some of the blowing from Charley, which was a fairly severe storm. So I was involved with those, and I know how important it is to have the guard respond to you -all's needs. Continuing on, of course, we have historic experience of plenty of activation for tropical events. As you can see here, I've already mentioned, wildfires is another. Right now we are in the fire season. We don't really have a large presence right now in fighting fires, but Page 91 April 24, 2012 like in 1998, when Florida was basically on fire, we had as many as 1,800 folks that were onboard and responded to that call. We have a lot of capabilities that we bring to the community and the state. We have rapid availability to provide security transportation, aviation, liaisons, and engineering, and we have an unparalleled experience in support of civilian authorities, which that is how the guard works is we support your civilian authorities and, by direction of the state, we're on call and we bring in that expertise, and we bring in that equipment to help the communities deal with these type of emergencies. We also are very involved in our organization in the counter drug fight to protect and make our communities safer. We bring to these fights expertise and equipment that allow for our law enforcement to do the job they need to do to curtail this fight that we have. And, things like the Republic National Convention that's coming up, which is going to be right down the street from you guys, you know, always -- things like this that come to the state, it brings the nation's eyes on Florida. And, of course, you don't want any hic -cups in security. So, this is where the Florida Guard comes onboard and helps authorities as far as maintaining security and makes sure that things like the Republican National Convention go off without a hitch. And we're teamed up with all of the joint interagency relations that we use to make sure we get the job done. Also, more importantly, more in the community base, is we do bring programs, as you can see, with helping youths achieve their best. Our organization is an organization of professional soldiers and airmen and we use that through these programs, as you can see in drug demand reduction and youth challenge and mentoring and teaching, such as in STARBASE, because youth is our future and, you know, that is what's very important to us and to the community and we support that. As I mentioned several times, we are a community organization. Page 92 April 24, 2012 And this slide, more than anything, tells you where we are. Thirty -nine counties we're located in, and we've highlighted Collier because now we are in Collier. We weren't in Collier before. We brought the 856 on when the Army went through a program called Grow the Army and we got the additional unit, and we wanted to locate that unit here in your county. The 856 Quartermaster Company, as you can see, is command control and logistic support for receipt, storage, issue, and distribution of Class 1, which is perishable type material and non - perishable items to support Army organizations. And, of course, it goes back to the earlier slide, we support our National Guard formation as well as capable of supporting the Army as well if called upon. We propose to put this facility -- and this is just a conceptual facility as far as what you see as far as a picture, but that's kind of what we're building to these days. We plan to put it in Immokalee. It's an estimated 50,000 -plus- square -foot facility, and it will house 152 soldiers, which makes up the company. It's a one -unit facility. And their complement equipment is 80 trucks and 13 trailers. A little bit heavy on the equipment side, but that's because they are a quartermaster company. The 856 Quartermaster Company, it provides the critical support, both federal and state missions, and also for the natural disasters, and the economic impact, of course, bringing 152 soldiers together at least once a month, and then we also have a full -time cadre, a small full -time cadre right now that's working in the temporary facility, but we estimate that that construction of that facility will be between 15 and $20 million, and the economic impact to Collier County on an annual basis would bring around 72,000 in state funding and about $1.8 million in federal funding on an annual basis. Not a large economic footprint, but it is significant. This slide here, to the best of my ability, as the construction and Page 93 April 24, 2012 facility management officer -- this is what keeps me up late at night worrying about how we're going to get there. But the military construction program, which is the program Congress uses to build these facilities, is somewhat of a slow program. We have to wait for the appropriation. And what I tried to lay out for the leadership here for the county is that even though we've been here a couple of years in a temporary facility, here we are, 2012. My best projection as far as -- this facility is number two on General Titshaw's long -range construction plan, that we should be able to get the congressional appropriation to be on their -- what they call their future year's defense plan within a couple years. And then once we get on the FYDP, Future Year's Defense Plan, we're targeting somewhere around the '18 to '19 time frame to build the facility. And, of course, when you see that 2020, that would be a completion date, because a building of this size usually takes about 18 months to two years to build. And, in closing, we're a proud tradition, started in 1565 with our first formation, and we're committed to Florida citizens, we're committed to the Collier County citizens and we're here to answer the country's call at any time with the soldiers and airmen of the Florida National Guard. And with that, sir, I will answer any questions that you may have of myself or my staff, if I can. CHAIRMAN COYLE: Okay, good. Thank you. Commissioner Hiller. COMMISSIONER HILLER: Thank you. First of all, I really would like to thank you for being here today and for, you know, your service to the country and your willingness to help us in Collier County in the event of a storm or a flood. It would be wonderful to have you here. So I have to really, you know, commend County Manager Mudd when he sought to bring you here. I think that was done with tremendous foresight. April 24, 2012 Now, with that being said, I do want to emphasize a point that you made. I think there's a popular misconception among, I believe, staff in part and the community in part that you -all will be here in the very near future. And I really do appreciate you putting up this operational and economical impact or, I should say, timing graph that shows that you will not be here until 2020, which is eight years out. And I don't want you to feel that in any way, just because you're not here till that point in time, that we don't appreciate your commitment to the future -- COLONEL WIDENER: Yes, ma'am. COMMISSIONER HILLER: -- to Collier County and to the country. COLONEL WIDENER: Yes, ma'am. COMMISSIONER HILLER: So I don't think there's any concern from that standpoint. No one's going to give your land away. COLONEL WIDENER: Oh, that's very good to know, ma'am. And, of course, the unit, the 856 Quartermaster Company, they are here. We're in temporary facilities. We're -- we are funded to house them in that way even though it is considerably smaller than what we would build to. But our unit, the National Guard, is here in Collier County until we build it. COMMISSIONER HILLER: How many, if I may ask, are here now? I understand that you're projecting 152. COLONEL WIDENER: The unit of 152, that is the strength now, yes, ma'am. COMMISSIONER HILLER: Oh, that's great. What is the proposed strength? When -- by 2020, do you expect that will be -- COLONEL WIDENER: Right now I believe it would stay 152. COMMISSIONER HILLER: Oh, so that will be consistent from now to -- SERGEANT CABALLO: Ma'am, I'm sorry. First Sergeant Caballo on the radiant sensio (sic), the senior full -timer for the unit. Page 95 Apri124, 2012 Right now we have 172 soldiers that are actually drilling at the unit. Maybe a few projected changes here or there for a few gains and a few losses, but you can look at 172 to be a long -term number. COMMISSIONER HILLER: Got it. SERGEANT CABALLO: Yes, ma'am. COMMISSIONER HILLER: Thank you so much. Very much appreciated. COLONEL WIDENER: Thank you, ma'am. CHAIRMAN COYLE: Good. Any other questions? (No response.) CHAIRMAN COYLE: Thank you very much for being here. COLONEL WIDENER: Thank you, Mr. Chairman. CHAIRMAN COYLE: And you're very much welcome here as fast as you can get here. COLONEL WIDENER: Okay, sir. CHAIRMAN COYLE: Okay. COLONEL WIDENER: And on behalf of General Titshaw and the leadership up there, if, by chance, you -all would need him or any of the leadership to come down, they're open to accept any invitation like that. CHAIRMAN COYLE: Okay. And if he needs anything from us, be sure to call upon us. We will be recognizing the members of the unit that are being mobilized shortly. I think we'll do that next meeting, is it? MR. OCHS: No, we'll do it right now. CHAIRMAN COYLE: Oh, okay. That's right. We've got the -- COMMISSIONER HENNING: Proclamation. CHAIRMAN COYLE: -- proclamation right here. MR. OCHS: Yes, sir. CHAIRMAN COYLE: That's right. MR. OCHS: If I might. COLONEL WIDENER: Thank you, Mr. Chairman. Me •• April 24, 2012 Item #4A PROCLAMATION RECOGNIZING MEMBERS OF THE 856TH QUARTERMASTER SUPPORT COMPANY, 260TH MILITARY INTELLIGENCE BATTALION (L), 50TH REGIONAL SUPPORT GROUP OF THE FLORIDA ARMY NATIONAL GUARD DEPLOYING TO AFGHANISTAN. ACCEPTED BY CAPTAIN GARCIA, COMMANDER AND FIRST SERGEANT CABALLO — ADOPTED MR. OCHS : That would take us to Item 4A on your agenda. It's a proclamation recognizing members of the 856th Quartermaster Support Company, 260th Military Intelligence Batallion L, 50th regional support group of the Florida Army National Guard deploying to Afghanistan. To be accepted by Captain Garcia, Commander; First Sergeant Caballo. This item is sponsored by Commissioner Coletta. And if you gentlemen would please come forward and receive your proclamation. (Applause.) CHAIRMAN COYLE: Thank you very much for your service. You want to join them? Come on up. Who gets the proclamation? COLONEL WIDENER: The boss. COMMISSIONER FIALA: So you're here now? Where are you now? SERGEANT CABALLO: Where am I? CHAIRMAN COYLE: He's in Immokalee. COMMISSIONER FIALA: Thank you. Right now you're in Immokalee. Where do you stay? CHAIRMAN COYLE: Thank you very much. COMMISSIONER FIALA: Thanks for being here. I'm so glad you chose us. There you go. Page 97 April 24, 2012 MR. OCHS: Could we get a photo please, Colonel. Let's get a photo. COLONEL WIDENER: They want to take our picture. Thank you. (Applause.) COMMISSIONER HENNING: Move to approve Proclamation COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion by Commissioner Henning to approve the proclamation, seconded by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Thank you. MR. OCHS: Thank you, Commissioners. COMMISSIONER FIALA: Exciting new ventures, huh? CHAIRMAN COYLE: Yep. MR. OCHS: It's great news, great news. Item #8A RESOLUTION 2012 -71: VA- PL2011 -1410, WAHL VARIANCE — A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL201100014I O, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.5 TO PERMIT A olf • : April 24, 2012 REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 15 FEET TO 9.3 FEET ON THE EASTERN BOUNDARY OF PROPERTY LOCATED AT 8 PELICAN STREET WEST, ISLES OF CAPRI IN SECTION 5, TOWNSHIP 52 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA — ADOPTED STAFF'S RECOMMENDATIONS Commissioners, your next item is Item 8A, your advertised public hearing, Board of Zoning Appeals. This item requires ex parte disclosure be provided by commission members. Should a hearing be held on the item, all participants are required to be sworn in. It's VA- PL2011 -1410, Wahl variance, resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition No. VA- PL20110001410 for a variance from the Land Development Code Section 5.03.06.E.5 to permit a reduced side yard riparian setback from 15 feet to 9.3 feet on the eastern boundary of the property, located at 8 Pelican Street West, Isles of Capri in Section 5, Township 52 south, Range 26 east in Collier County, Florida. CHAIRMAN COYLE: Okay. We're going to have -- everyone who is going to provide testimony please stand to be sworn in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN COYLE: Okay, thank you. And for ex parte disclosure we'll begin with Commissioner Hiller. COMMISSIONER HILLER: I have no disclosures. CHAIRMAN COYLE: Okay. No disclosure for Commissioner Hiller. How about Commissioner Fiala? COMMISSIONER FIALA: Yes. I have a staff report, I've also received some emails, I've had some people from Isles Capri talk with me about it. In fact, I talked to quite a few people the other evening. That's it. CHAIRMAN COYLE: Okay. And I have received emails, and I April 24, 2012 have reviewed the staff report, and that's it. Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir. Regarding 8A, I've received the staff report. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I received the Planning Commission's report from staff. I also received an email from Jason Maxwell. CHAIRMAN COYLE: Okay. Who's going to make the presentation? MR. MAXWELL: Hello. For the record, Josh Maxwell from Turrell, Hall & Associates. CHAIRMAN COYLE: Okay. MR. MAXWELL: Before you on the screen is the proposed dock layout. As you can see, it's to fit within the existing dock. The dock is grandfathered in its existing condition. The T that you see, the portion of the T was removed last year when the Wahl's replaced their seawall, so now it's just the L dock that is shown to the left. Let me give you guys a line drawing so there's no confusion. MR. OCHS: If you want, work with the portable me so you can point out areas. MR. MAXWELL: So the area that we need the variance for is for this side slip. We would like to be able to put in a boat lift there to allow the Wahl's safe boarding -- loading and unloading from their vessel on the side. They'd like to have the two boat slips allowed to them. And the dock itself is grandfathered, and according to the DEP's aquatic preserve rules, we cannot move it. If we could move it, we would so we wouldn't have to get a variance but, unfortunately, that's not an option here. So we're asking -- we are here today asking you to support staff s Page 100 April 24, 2012 recommendation of approval for the variance so that the Wahl's can have safe loading for both of their vessels. CHAIRMAN COYLE: Okay. Thank you. Is anyone else going to participate in this part of the presentation? No? Okay. Is staff going to have something? MS. GUNDLACH: Yes. CHAIRMAN COYLE: Okay, staff. MS. GUNDLACH: Good afternoon, Commissioners. I'm Nancy Gundlach, principal planner with the department of land development services. And staff is recommending approval of this variance. And it would be my pleasure to answer any questions you might have. CHAIRMAN COYLE: Okay. Commissioner Hiller and Fiala, you have your lights on. Do you want to ask a question of staff at the present time, or you want to wait for the public speakers? COMMISSIONER FIALA: Wait for the public speakers. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: Yeah. I wanted to make a motion to accept staff s recommendation. COMMISSIONER FIALA: Well, I'll second that. CHAIRMAN COYLE: Okay. Motion by Commissioner Hiller to accept staffs recommendation, second by Commissioner Fiala. Please call the -- MR. MITCHELL: Speakers. CHAIRMAN COYLE: How many public speakers do we have? MR. MITCHELL: Sir, we have two speakers. CHAIRMAN COYLE: Okay. MR. MITCHELL: The first speaker is Joan Evans. MS. EVANS: Good. Hello, Commissioners. I didn't think I'd be here again but I am. I live at 6 West Pelican Street, east of the Wahl's. And I am adamantly opposed to the variance they're asking for. First of all, I want to say that I'm in the process of putting in a Page 101 April 24, 2012 boat lift myself, and my registration is already accepted. I have copies of that, and my down - stroke on the boat lift. Florida law says that riparian rights are issued to the owner, and these rights are my rights of the ingress /egress, boating, fishing. They're subject to reasonable governmental restrictions. My right to build a dock, to access navigable waters, lands bordering water, which were navigable at the time the Florida Statehood benefited by riparian rights. My riparian rights lines are drawn from the extension of the upland property lines. Therefore, I request you do not grant this petition. I also would like to say that before the Wahl's built this large, beautiful home, which was a year in the process, I'm sure they must have looked into what existed and what didn't and what they could do and what they couldn't do to build two boat lifts and also a seawall with riprap that was removed and riprap that was put back, which made it illegal -- and not legal to place their boat parallel to the new existing laws. Anyway, I just -- I want you to put yourself in my place. Would you want to give up your riparian rights? I've been there 19 years, and I'm looking forward to putting a boat lift in. And if I need to give copies, I will, of my registration with DEP and also my bill from the boat lift owner. CHAIRMAN COYLE: It's not necessary that you leave that since it's not part of consideration here. MS. EVANS: Okay. CHAIRMAN COYLE: All right. MS. EVANS: Okay. I just wanted to let you know that this is what I'm doing. I'm putting a boat lift in. But, anyway, I just hope that you will understand. If it were you, would you want to give up 15 of your riparian rights? CHAIRMAN COYLE: Okay. Page 102 April 24, 2012 MS. EVANS: I don't want to. I'm here to defend my rights and I hope you will agree with me and not give the variance. Thank you very much. CHAIRMAN COYLE: Thank you. MR. MITCHELL: The next speaker is Anthony Rinaldi. MR. RINALDI: Afternoon, Commissioners. I own the home on -- at 10 West Pelican Street since 1985, so I've been here for 27 years. I just can't understand how the county Planning Commission denies this variance, then you have two county people come up and say they're recommending it. It's a 75 -foot dock, and they want to put 201 30 -- 60 feet of boat in, a 35- and a 25 -foot boat on a 75 -foot lot. I think we have some rights, too, and we want to enjoy the beauty of the Isles of Capri and the Marco River, and I'm against this approval. I think it's just totally wrong. Thank you very much. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Who was first, Commissioner Fiala or Commissioner Hiller? COMMISSIONER FIALA: Yes, I was. CHAIRMAN COYLE: Okay. Commissioner Fiala. COMMISSIONER FIALA: And I don't understand, how them building a boat dock, would injure your ability to build a boat dock. It doesn't occur to me at all. I mean, you know, if they want to build a boat dock and you want to build a boat dock, fine. You know, I don't understand that at all. And I've spoken to quite a number of people on Capri, and they all feel that it's fine with them. They feel that everybody should be allowed to have a boat dock who's built on water. And so I second Commissioner Hiller's vote -- or motion. MS. GUNDLACH: Commissioner, could I just get on the record real quick, the CCPC did recommend denial of this variance, but staff Page 103 April 24, 2012 is recommending approval. COMMISSIONER FIALA: Yes, I know, okay. Thank you. CHAIRMAN COYLE: Okay. Commissioner Henning. COMMISSIONER HENNING: Should there be consideration of hardship on a variance? I know we have that on other variances. Nancy? MS. GUNDLACH: Yes, there should be consideration of hardship. COMMISSIONER HENNING: So what's the hardship? MS. GUNDLACH: In this case, because this particular dock is located in the Rookery Bay Sanctuary Aquatic Preserve, the state is requiring that they rebuild the dock in the exact location. Now, you'll notice that the dock that they are rebuilding is slightly smaller than the one that exists there now and, because of that, they can't rebuild it in a configuration to avoid having to come in for a variance. COMMISSIONER HENNING: So is it a hardship not having two boat lifts or boat docks or a dock that accompanies two boats? I mean, the -- clearly here they're going to moor two docks -- two boats. MS. GUNDLACH: Correct. COMMISSIONER HENNING: And that's a hardship? MS. GUNDLACH: The hardship -- COMMISSIONER HENNING- They're putting the bigger boat within the -- within the setbacks, correct? MS. GUNDLACH: Correct. COMMISSIONER HENNING: Couldn't they put that on the -- where the smaller boat is and put the smaller boat on the -- would it be the north side, I believe? No, it would be the west side. MS. GUNDLACH: Okay. I was going to recommend that we have our expert respond to that, because they did design the boat dock configuration, but also I hear my manager in the background saying that even that second smaller boat would still encroach and create a Page 104 April 24, 2012 variance. COMMISSIONER HENNING: Okay. Well, your manager needs to -- if you put it on the opposite side, you put the boat -- the smaller boat on the opposite side where the lift is, does your manager still agree that it needs a variance? MR. MAXWELL: For clarification, Commissioner Henning, are you referring to putting the boat lift here? COMMISSIONER HENNING: Correct. MR. MAXWELL: I don't believe that would require a variance, but that -- due to the configuration of the neighboring dock, that poses a very difficult ingress /egress for the Wahls. The currents in Big Marco River are quite swift, and weekends like this last one the waves can be pretty bad. So to try to get a boat of any size to come within -- between their dock and a neighboring dock to the west and actually moor on a boat lift would be quite difficult. COMMISSIONER HENNING: Well, you have almost 30 feet. How wide is the boat? MR. MAXWELL: Right now they currently own a 22 -foot -- COMMISSIONER HENNING: The smaller boat, how wide is the boat? MR. MAXWELL: How wide is the boat? COMMISSIONER HENNING: Yeah, the smaller boat. MR. MAXWELL: I believe it's got close to an 8 -foot beam. COMMISSIONER HENNING: And they couldn't get in there; with a 30 -foot opening and an 8 -foot beam, they couldn't get in there? MR. MAXWELL: I personally would not want to try to during any kind of tide. Yes, at slack tide, possibly they could, but with wind and tide as they can be, I don't believe it's a safe recommendation. COMMISSIONER HENNING: You couldn't angle the boat lift MR. MAXWELL: Then the -- COMMISSIONER HENNING: -- so you can get a straight shot Page 105 April 24, 2012 on it? MR. MAXWELL: The difficulty if you angle the boat lift would then be -- are you talking about to angle it, per se, like my fingers? COMMISSIONER HENNING: Correct. MR. MAXWELL: Then it becomes very difficult to load and unload on and off the boat. So we don't want to create a hazardous situation for the Wahl's to enjoy their own personal vessel. COMMISSIONER HENNING: Well, I mean, you could angle the dock -- you could slant -- you could put, you know, two -by- four's or two -by -six's along the T and the walkway. MR. MAXWELL: But then we would be altering the footprint of the dock, which then the State of Florida says we cannot do. I asked them if we could change it by, you know, making it just a finger dock instead of doing it with the terminal platform. They said that would not be in compliance with DEP's rules. And so to put an angle on to give them, say, a six -foot access area would not be permissible by state standards. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Okay. Commissioner Hiller, did you have anymore comments? COMMISSIONER HILLER: Yeah. The only -- it's really not a comment. I just have a question. I just want to make sure you know, there was some discussion by one of the speakers about riparian rights. Jeff, did you see any issue with this with respect to property rights and, you know, are we approving something that's encroaching on someone else's property? MR. KLATZKOW: I don't understand the argument on riparian rights. COMMISSIONER HILLER: I didn't either, and that's why I was wondering -- so setting aside -- MR. KLATZKOW: I don't understand the argument on riparian rights. Page 106 April 24, 2012 COMMISSIONER HILLER: Right. So you -- MR. KLATZKOW: My understanding is this is about a boat lift. COMMISSIONER HILLER: Right. MR. KLATZKOW: That they can have the boat in there irrespective of whether or not you grant the variance. The entire purpose of the variance is putting a boat lift there. Is that correct, Nancy? MS. GUNDLACH: That is correct. They could still have a boat there. MR. KLATZKOW: So I don't get the riparian rights issue. COMMISSIONER HILLER: I didn't understand it myself, and that was why I wanted you to clarify, you know, your understanding. So, again, my motion stands, and I really -- I really don't see how this is, you know, adversely affecting anyone. CHAIRMAN COYLE: I'm going to need some -- COMMISSIONER HILLER: Because since the boat could be there anyway, as you pointed out, this is strictly a question of whether or not, you know, they can put the lift where you're proposing that it be placed, so -- CHAIRMAN COYLE: Okay. The -- I'm not sure I understood your answer, County Attorney. Does the issue of riparian rights not relate to permissible setbacks? MR. KLATZKOW: I don't believe it does, no. I mean, the other property owner, their riparian rights begin and end on their property lines. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: This doesn't affect their property. CHAIRMAN COYLE: So the approval -- the fact that a boat is placed within the required 15 -foot setback area is not an issue before the commission; is that true? MR. KLATZKOW: That's true. The only -- my understanding -- Nancy, correct me if I'm wrong -- that the only issue here is whether Page 107 April 24, 2012 or not you're going to allow them to have a boat lift in that area. MS. GUNDLACH: That is correct. CHAIRMAN COYLE: Boat lift in the area for the larger boat? MS. GUNDLACH: Okay. We're going to point to it. MR. MAXWELL: Yeah. Regardless of the size boat we put in here, we're going to require a variance. There's just not adequate room to put in a four -post lift next to the dock without encroaching the 15 -foot setback. And just for clarification for everybody, the Wahls' riparian rights are between the two riparian lines. The hatched sections were added at a request by staff just to outline the offsets required by the county. And everybody -- the neighbor's riparian rights start at the land -- start at the riparian line and go east and west. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: Right. CHAIRMAN COYLE: So the riparian rights have nothing to do with the setback issue. There is a required setback from the property line of 15 feet, and you're merely asking for a variance there, and it has nothing to do with riparian rights? COMMISSIONER HILLER: Uh -huh. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Nope, I'm okay. CHAIRMAN COYLE: All right. All in favor of the -- we'll close the public hearing. All in favor of the motion to approve staff s recommendations, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Aye. So it passes 5 -1 (sic). Apri124, 2012 COMMISSIONER FIALA: Five -one. CHAIRMAN COYLE: I'm sorry, 4 -1. COMMISSIONER COLETTA: You don't count. CHAIRMAN COYLE: I don't count, that's right. COMMISSIONER HENNING: Does this take a supermajority? CHAIRMAN COYLE: No, no. Okay. Where does that take us? Item #9B (Tabled earlier in the meeting) RESOLUTION 2012 -72: RECOMMENDATION TO APPROVE PROPOSED EVALUATION AND APPRAISAL REPORT -BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW AND OBJECTIONS, RECOMMENDATIONS AND COMMENTS RESPONSE — MOTION TO APPROVE WITH STAFF RECOMMENDATIONS AND BOARD DIRECTED CHANGES — ADOPTED MR. OCHS: Commissioner, that would take us back to Item 9B to finish that up. That was the EAR report transmittal hearing. CHAIRMAN COYLE: Okay. What do you have for us? MR. BOSI: Good morning -- or good afternoon, Commission. Mike Bosi, comprehensive planning. At the request of the BCC specifically related to the motion that was placed on the table this morning, requested that we bring back and include on the visualizer the specifics of the requests that were made. I'll go through them in order hopefully not of difficulty. The first is related to the Economic Element, and it was the suggestion of Commissioner Henning that the policy be tweaked somewhat, and the modification is below on the visualizer, and the Page 109 Apri124, 2012 new policy will read, the county may support the appropriate economic development initiatives of the regional nonprofit organization goals and efforts of countywide organizations and efforts of localized organizations just to be more flexible within the wording, and I think that was the intent behind the modification. MR. OCHS: Mike, just for clarification, you've got "where appropriate" struck on the revised proposal; is that correct? MR. BOSI: Yes. The "may" substitutes for the "where appropriate." The next issue related to 10.1.5 and 10.1.6, the proposed 10.1.6 and 10. 1.7 in the proposed EAR -based amendments. Based upon the direction that we had been provided within the motion, both of those policies will be deleted from the COME. As shown on the visualizer, the first is the 10.1.5, and the second is the 10.1.7. As you can see, all of the wording and text have been deleted based upon -- consistent with the motion of this morning. COMMISSIONER HILLER: Wait a minute. Go back, if you might, to -- yeah. All right. That -- what -- MR. BOSI: That parentheses just basically was -- the staff recommendation was to delete the policy. The CCP (sic) recommendation was to retain the policy. COMMISSIONER HILLER: Right, okay. I just wanted to make sure. Yeah, that's fine. CHAIRMAN COYLE: Wait a minute. Before you go away, the CCP recommendation was to retain Policy 10.1.5; was it not? MR. BOSI: Correct. CHAIRMAN COYLE: And you're eliminating it? MR. BOSI: Staff suggestion was to eliminate it. CHAIRMAN COYLE: Okay. So are you in fact eliminating it? MR. BOSI: Correct. COMMISSIONER HENNING: And that was a part of the motion. Page 110 April 24, 2012 MR. BOSL• Correct. MR.00HS: Correct. CHAIRMAN COYLE: All right. MR. BOSI: And the third issue related to the revisions to the Coastal High Hazard Area -- and this was a fault of staff in our responding back to your questions of this morning. As proposed within your Exhibit A of your Future Land Use Element, the modification to the Coastal High Hazard Area is support -- the map is supported with text, and the text basically says that if a project lies within the Coastal High Hazard Area, a unit is -- of potential density is removed from the base allocation. And based upon the Planning Commission's concerns, we had went through the map of the new Coastal High Hazard Area compared to the old Coastal High Hazard Area, and we identified the one area that would be subject to that potential reduction, and we exempted it from that reduction with specific language as it reads, except for those properties within the Coastal High Hazard Area in Section 1, Township 50 south, Range 25 east. And how this was accomplished -- there was more properties than just that one section that is now part of the new Coastal High Hazard Area, but those properties were also previously covered by the Traffic Congestion Management Area. And that Traffic Congestion Management Area had a one -unit reduction. So we're exchanging the one -unit reduction for Traffic Congestion Area for a Coastal High Hazard Area, so there will be no essential -- no net loss in the potential for density rights within that. COMMISSIONER HILLER: May I comment, Commissioner Coyle? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HILLER: I understand exactly what you're saying, and I appreciate your clarification on that. That certainly helps on that issue. Page 111 Apri124, 2012 But what about with respect to going back to what we talked about earlier, any density bonuses? And by the way, what I was saying about "as a matter of right," if you have incentives where, you know, if you've complied with X, Y, and Z, you do get it as a matter of right. And so they do exist. So I just want to make sure that with respect to this change that this does not impact on those type of density bonuses, that those all stay the same and that the only one effect on densities relates to this, which you're now telling me is basically a wash, like basically transportation to coastal, and so it's one, one. MR. BOSI: For all the areas except for the -- COMMISSIONER HILLER: Except for that one, which I understand that you've identified. But just give me assurances that no other -- no -- that the densities will not be adversely affected by this change in any other way, that there is no other cap or reduction imposed on what exists. MR. BOSI: Based upon the Planning Commission's original concerns and the modification that staff had drafted to address those concerns, it's our understanding that this will not take away the ability to seek at the level that it was prior to making this change. That -- as clear as I can state, that is staff s understanding related to these changes. And it's further backed up within the CCME policy -- we have a CCME policy where we're adding additional language that says, for properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to the adoption of revised Coastal High Hazard Area boundary in 2012, the native vegetation, preservation, and retention standards of the non - Coastal High Hazard Area shall continue to apply. Meaning that there was another step we took to make sure that, well, even if we had given them the right to seek that additional discretionary unit, but they would find themselves with a more Page 112 Apri124, 2012 restrictive native vegetation requirement. We've addressed it within that concern. And one other area that Mr. Weeks has discovered when we were going through this exercise, and that was related to Page 13 of the Future Land Use Element -- we had proposed that a couple or a few activities centers would have been affected -- COMMISSIONER HILLER: Right. MR. BOSI: -- by this change, and we were suggesting a reduction of those densities, and that was contained on Page 13 of Exhibit A. Based upon the no- net -loss directive that was provided from the dais this morning, staff would suggest to go back to the original language within -- within the Future Land Use Element support documentation as on -- as bracketed on the visualizer. Basically the changes that we had suggested that would have affected the activity centers will be pulled back based upon the direction provided by the board. COMMISSIONER HILLER: That's great, and that was my other concern, that anything related to those mixed -use activity centers would be eliminated, that they would not be changed from what exists now, and they'll be preserved as -is. Fantastic. MR. BOSI: And with this -- and with this change and with that direction that you provided, we will assure that that is, indeed, the case from the -- COMMISSIONER HILLER: Okay, great. MR. BOSI: -- from the transmitted. And the last issue -- COMMISSIONER FIALA: I have a question also on the -- CHAIRMAN COYLE: Okay. Commissioner Fiala, go ahead. COMMISSIONER FIALA: -- the coastal high hazard area that you were just mentioning and you said "except for." Why is that region "except for "? MR. BOSI: Because that one region that we've identified, it was Page 113 April 24, 2012 not part of the Traffic Congestion Management Reduction Area but now was being included in the new Coastal High Hazard Area so that that would have faced a new one -unit potential reduction. Because of that, we singled that out and said that that one -unit reduction is not applicable to that section, that they will, indeed, entertain the same allowances that were provided currently -- that's currently provided to those properties. COMMISSIONER FIALA: Where is that section or that area? MR. WEEKS: For the record, David Weeks of comprehensive planning. Commissioner, that section is on the east side of Airport Road running from Radio Road south to Davis Boulevard. COMMISSIONER FIALA: That's a Coastal High Hazard Area? MR. WEEKS: The coastal high hazard area in that location runs east of Airport Road for a portion of that section's dimension. COMMISSIONER HILLER: Can you put the map back up -- MR. WEEKS: Certainly. COMMISSIONER HILLER: -- and show it on the map, because you can see where it's re- drawn, how they've shifted it. MR. WEEKS: That would be this area where the pen is pointing. The red boundary -- oh, excuse me. Here it is. Finally, let me -- right here. The green boundary is the existing Coastal High Hazard Area boundary, which is also the Traffic Congestion Area boundary. The red boundary, which is to the east of Airport Road, is the new Coastal High Hazard. So the difference between the two, had we not put in this exception language, would have now been subject to a one - unit - per -acre reduction. COMMISSIONER FIALA: Okay. My next question is, and I -- it doesn't affect me, so I'm just asking you this. Does that mean now that they've become part of the Coastal High Hazard Area and they weren't before, did their insurance rates go up? Page 114 April 24, 2012 MR. WEEKS: Commissioner, that I don't know. The -- MR. BOSI: The insurance rates are dictated by the work that Robert Wiley has been doing with the flood maps, and that dictates. COMMISSIONER FIALA: And this doesn't affect that at all? MR. BOSI: There may be an interrelationship between the numbers, but there's no regulatory tie -in. COMMISSIONER FIALA: Okay, thank you. CHAIRMAN COYLE: Could you put that previous page back on the viewer on the -- and could you look at the third line down from the top of that paragraph that says subdistrict up to 16 residential units per grow acre may be permitted. What's a "grow acre "? MR. BOSI: Scrivener's error. MR. WEEKS: That would be a typo. CHAIRMAN COYLE: What would you put there, "gross acre "? MR. WEEKS: Yes, sir, gross. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Close enough. MR. WEEKS: Commissioner, we could verify, but I suspect that was literally a typing error on the page. I suspect that the ordinance that was adopted had the correct terminology. COMMISSIONER FIALA: See, now, I thought it was acreage that they had farmland on or something. CHAIRMAN COYLE: You see, that's why it could be misinterpreted. You must be precise. MR. BOSI: Yes, Commissioner -- Chair. And the last of the issues -- and I'm not quite sure exactly where the direction was, but it was related -- and it was related to the Housing Element. And the first issue that I wanted to address within that is within that element both the generic "affordable housing" term is utilized as well as the specific "affordable /workforce housing," because -- and a good example is the first objective, and it's provide new affordable housing units. That's referring to affordable housing Page 115 April 24, 2012 units in a general term, not trying to segment a specific level. But if you look at Policy 1. 1, it talks about demand for very low, low, moderate, and affordable /workforce housing. Now, "affordable /workforce" is a specific term defined by Florida Statutes that -- on the overhead that we're putting up, and it's hard to get in to read, I know, at this level, but there's a definition for very- low - income households, low - income households, moderate - income households, and then affordable /workforce means housing that is afforded to a person who earns less than 120 percent of the area median income or less than 140 percent of the area median income if located in the county in which the median purchase price for a single - family existing home exceeds the statewide median purchase. So what we wanted to at least establish was the term's utilized a number of times within the element but specifically to the general -- the purpose or of the context of the term. Sometimes it's used in the generic and sometimes it's used more in the specific when we're trying to target that specific 120 to 140 range. I wasn't sure if that clarifies the issue on the housing other than the issue about the ability to develop the appropriate indices. COMMISSIONER HENNING: That was Commissioner Fiala's question. She wanted it. COMMISSIONER FIALA: Yeah, it was. And I just wonder why the Planning Commission kept wanting to put it back in with your explanation. There must have been a reason for them to want that phraseology included. MR. BOSI: Oh, there was some discussion about that specific -- the utilization of general terms to specific terms. And at the March 6th Planning Commission, when we had our final hearing related to the items, I think the Planning Commission was satisfied with the mannerisms that we utilized the terms within this document. And I will say the Planning Commission has spent now two years of meetings with staff over these issues. So there may have been a Page 116 April 24, 2012 time where they had made a suggestion, there were modifications, and it came back in a different form, but there was no disagreement, I think, at the March 6th when we reviewed this for the final time with the Planning Commission. It seemed like there was unanimous agreement that it was presented as they found acceptable. COMMISSIONER FIALA: Was it struck through at this meeting? MR. BOSI: It was as you -- we have presented it to you, it was how it was presented to the Planning Commission. COMMISSIONER FIALA: Okay. Because the person that referred to that particular meeting said that it was issuing -- it wasn't struck through, and it was struck through afterwards. And, you know, I can't -- I didn't see it. All I know is what she said, okay. So that was one thing. And another thing that was said was that by keeping it as affordable, people think that it means very low, as a matter of fact. And when you talk about housing, they always say nurses and teachers and firemen and stuff, but very low or even low, really none of them qualify for that type of housing anyway. And what they're trying to do is get some of that housing to people that really don't have -- don't have the ability to buy because they make too much money for that income category, and I think that that was where they were going. MR. BOSI: And it could have been the -- that could have been the genesis of the conversation, but if you reviewed these elements, or this element and objective and the policies, we specifically state that we're also trying to target not just the low, the very low, and the moderate, but the affordable /workforce housing in terms of addressing affordable housing in general. So it's utilized twice or numbers of times within this one page, but the context within how it's used is different, and maybe that has led to the misunderstandings. COMMISSIONER FIALA: I don't know that. I need to talk to Page 117 Apri124, 2012 them again, because it was more than one person, and just see what they had understood, and also I wanted to make sure that not only am I talking about my district, I'm talking about Immokalee, and one of the things they feel is a must is to add other housing categories, rather than just very low, into their community so that they can attract teachers and firemen and so forth, but right now there is no housing for them, and so they're really trying to get a better balance to the community, just as I am. MR. BOSI: I understand, Commissioner. COMMISSIONER HILLER: And I -- may I? COMMISSIONER FIALA: Sure. CHAIRMAN COYLE: Your light isn't on. COMMISSIONER HILLER: It's not working. I agree. I agree. The problem is is that affordable housing is really not the limiting terminology. It should be affordable plus gap housing, and that's what's not being provided for. And then, obviously, as you point out within affordable housing, not just very low and low income housing but, you know, the basically 80 to 120 percent of median income housing that has to be considered, the moderate housing, the moderate affordable housing. So I agree with Commissioner Fiala. And when you read this, it doesn't read that way. So I think the wording should be clarified so it's understood that it's the scope as described and not, you know, subjecting someone to go back to looking up definitions to understand what the paragraph means. The other thing is, with respect to the policies on indexing, you constantly have the word "shall," "shall," "shall," "shall" and it really ought to be "may," and it should be at the direction of the board, not that the department of housing shall develop the index. Because, again, we don't know that that's necessarily what we want. We haven't heard back from the advisory board, and the advisory board hasn't necessarily come to that conclusion either. So I Page 118 April 24, 2012 think it's incorrect to say "shall," "shall," "shall." MR. BOSI: Well -- and the reason why it's "shall," it's related to the former DCA, or the current DEO. There's still a requirement for the provision of affordable housing. In our current GMP policy -- or it's not a policy -- COMMISSIONER HILLER: That's not the issue. MR. BOSI: -- it's an objective. We have a thousand issues, and we want to get away from a fixed number. COMMISSIONER HILLER: Right. I understand, but I think that's why no one's disputing the need for affordable housing when a need is identified. The issue is is the word "shall" with respect to the methodology for deciding on what that number should be, and we should not be pigeonholed into "we shall index." MR. BOSI: Well, the state -- we're taking a fixed number away from the state. The state wants to see a fixed number. We're going to take that away because we think it's arbitrary, but we have to tell them we're going to -- not "may." We're going to have to tell them we're at least going to make an effort to develop an indexing methodology to identify the true need for affordable housing in the county. COMMISSIONER HILLER: Is that the only alternative? Is it either a fixed number or indexing? MR. BOSI: You could probably defer to the Shimberg assessments, but we haven't always been satisfied with that, and we -- and I thought, through the discussions -- and I haven't been at every one of the Affordable Housing Subcommittee meetings, but I think that they feel that they can better identify an approach that will identify the local matrix -- or the local market area and be able to analyze that local market area to define what the need is. COMMISSIONER HILLER: I think we're adopting a policy without enough of an understanding of what we're agreeing to. And I -- can we carve the housing changes that we're not comfortable with out of this transmittal and basically approve everything except for this, Page 119 April 24, 2012 and then bring this back at another transmittal hearing and allow us to be educated so we can properly develop the policies? MR. BOSI: Well, the one thing I would -- COMMISSIONER HILLER: I mean, why do we have to do that now? Because you're saying it's by January 14, 2014. I mean, we're talking two years from now. MR. BOSI: The original EAR report that we adopted, the board was pretty definitive that they wanted to get away from a fixed number. And if we have -- COMMISSIONER HILLER: I'm sorry. Who was that? MR. BOSI: The Board of -- yourselves, the Board of County Commissioners said let's get away from a fixed number because that -- it doesn't hold constant every year. So this amendment is aimed to get away from that fixed number, an arbitrary number, and try to develop the -- a measurement tool that will be able to provide a better reflection of the true need within the community. If you want to -- I mean, if we don't make the change as you're suggesting, I -- I guess we would be -- we would be standing pat with the -- COMMISSIONER HILLER: A thousand. MR. BOSI: -- thousand. COMMISSIONER HILLER: And, quite frankly, I think we have satisfied that thousand -unit requirement. In fact, we're probably well ahead of that requirement in light of what's happened with the housing market. So I'm not sure that in this next year that we don't have the time to go back and revisit it. I think we have to be very prudent with respect to how we're going to move forward, you know, with this requirement. And we just don't know that that's the best option. CHAIRMAN COYLE: Commissioners, we asked the staff to bring back to us the changes that the prior motion required. COMMISSIONER HILLER: Yep. Page 120 Apri124, 2012 CHAIRMAN COYLE: They have done so. We're modifying it again. It's my suspicion that this is not going to get approved at all and you may as well just start all over again and take another five or six years of working it out. MR. CASALANGUIDA: Commissioner, for the record, Nick Casalanguida. When we talked about it breaking -- and I know Mike and I briefly touched on it -- this is just transmittal. We're going to come back to you this fall with your affordable housing report right after probably the summer break. We've done it a couple years where we show the matrix of what's out there on the supply side. What I would suggest is we take this item, keep it in the transmittal but make it a workshop item with the board on tweaking it for adoption. In other words, the language that's in here now, if you don't change it, you don't have to -- and you don't like it, you don't adopt it in the fall. But this summer when we bring you the item, we can give you a couple options after vetting it and explaining it with the housing folks, maybe even bring them to the board and bringing an item for you, and that way you're not bound, we can keep the process moving forward, and then workshop it with you. COMMISSIONER HILLER: The other alternative would be to eliminate it from the transmittal and then transmit everything else and then continue to work on this and bring it forward after the workshop, after the proper vetting, in the next transmittal hearing when we go through this process again. MR. CASALANGUIDA: The problem is, you can't add it in in the adoption period. You can strike it out later, but to add it back in requires a whole other process. You'll be stuck with the old language, and you definitely don't want that. COMMISSIONER HILLER: But until the next transmittal, which will be a year from now. MR. CASALANGUIDA: No. COMMISSIONER HILLER: When will the next transmittal be Page 121 April 24, 2012 up? MR. BOSI: You'll be -- I mean, if you wanted to make the change to this policy outside of the EAR, you most certainty can do so. COMMISSIONER HILLER: Okay. MR. BOSI: I mean, you'd be eligible with any growth management cycle that you would authorize. MR. CASALANGUIDA: It would have to be advertised and go through the whole process. MR. BOSI: It would have to go through the process. COMMISSIONER HILLER: But we -- MR. BOSI: We could do it, we could do it. COMMISSIONER HILLER: That's fine. MR. BOSI: It just has a simple Growth Management Plan amendment. COMMISSIONER HILLER: Right. MR. BOSI: What Mr. Casalanguida was referring to as this EAR process, we've adopted the EAR in January. We said these were the changes we were making. We came back. These are specifics of those changes. If we transmit something that doesn't contain a change and then at adoption contains that change the last time that the state is going to review it, that may set some flags and that may -- it's an inconsistency with the process that could cause concern for the overall EAR process. But we could -- I mean, if you want us to remove these potential changes, leave it as it stands today with that thousand fixed number and workshop it over the period of time and bring it to the board as a GMP amendment just as a stand -alone amendment, if that's the direction of the board, you most certainly have that discretion available to you. COMMISSIONER HILLER: I know I personally would prefer that because I would like to know what all the alternatives are. I mean, we are presented with indexing as the only option to the 1,000, and we Page 122 April 24, 2012 just have too many issues with housing. I mean the whole -- this whole section really needs to be reworked. And I think it's premature. I mean, I personally would really be happy with that. And the idea of the workshop, I think, is great. And then bringing it back, you know, as part of the GMP amendment cycle makes a lot of sense, rather than, you know -- because, again, even if we -- the concern I have is if we adopt it with this wording, even though we can delete it in its entirety, now we've delayed that much longer, and what we haven't done is we haven't presented the other alternatives. Like I said, I completely respect your decision to move away from a thousand. That makes sense. CHAIRMAN COYLE: Yeah. There's a motion. MR. CASALANGUIDA: You retain the ability. CHAIRMAN COYLE: No, no, no, no, no. There's a motion to do a specific thing, to change specific things here, and we're getting off into a never - ending cycle of changes and reviews and workshops where nothing ever gets finished. Now we're going to vote on the motion to change the things that were specified, okay. COMMISSIONER HENNING: I'm going to change my motion. CHAIRMAN COYLE: Okay. Change your motion. COMMISSIONER HENNING: I'm going to amend my motion to include the items that staff brought forward after the break, okay. And I think it's worthy to have a workshop on those housing elements so that we have a complete understanding. There's nothing wrong with that. MR. OCHS: No. CHAIRMAN COYLE: Okay. Now, what are you going to send to the state? What are going to transmit? MR. BOSI: Based upon the direction that I had just heard, we would pull back from the -- MR. OCHS: What did we just present to the board a minute ago? Page 123 April 24, 2012 Hold on, Mike. The question is, what did we prepare to respond to this morning's motion, and it's this, correct? MR. BOSI: No. MR.00HS: Yes. CHAIRMAN COYLE: Okay. Now, what else -- Commissioner Henning just modified his motion to include further modifications concerning the affordable housing issues. MR. OCHS: No. I didn't understand it that way, sir. COMMISSIONER HENNING: Neither did I. CHAIRMAN COYLE: Okay. Well, then explain it to us. MR. OCHS : There's no changes in the Housing Element recommendation based on the knowledge now of the definitions of terms are inclusive of all the categories of affordable housing up to 140 percent of AMI. And if I understand Commissioner Henning correctly, he is satisfied that that satisfies the concerns expressed earlier, and we're going to leave that element and follow on with a workshop. CHAIRMAN COYLE: That sounds better. COMMISSIONER HENNING: Well, the most important thing, we're going to follow up with a workshop -- MR. OCHS : Yes, sir. COMMISSIONER HENNING: -- so we're all on the same page, okay. COMMISSIONER HILLER: I'm going to withdraw my second. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Okay. Is there a second to Commissioner Henning's motion? (No response.) CHAIRMAN COYLE: Okay. Is there a motion? COMMISSIONER HENNING: Yeah. I make a motion that we accept staff s recommendations. COMMISSIONER COLETTA: I'll second that. Page 124 April 24, 2012 CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: With the -- with the changes outlined this morning. COMMISSIONER COLETTA: Second stands. COMMISSIONER HENNING: And this afternoon. CHAIRMAN COYLE: Okay. All right. MR. OCHS: Got it. CHAIRMAN COYLE: All in favor of the motion to approve the staffs recommendations as amended, please signify by saying aye. Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Okay. It's opposed by Commissioner Hiller and Commissioner Fiala. COMMISSIONER HENNING: Are we still having a workshop? MR. OCHS: Yes, sir. It's in May. It's already scheduled. Do you have the date, Mike? MR. MITCHELL: Sir, it's May 1 lth. MR. OCHS: Thank you, Ian. CHAIRMAN COYLE: Okay. Item #I OA APPOINTING MEMBERS TO THE TOURIST DEVELOPMENT COUNCIL — RECONSIDERED LATER IN MEETING MR. OCHS: Commissioner, that takes you to Item l OA, which is Board of County Commissioners appointment of members to the Tourist Development Council. Page 125 April 24, 2012 COMMISSIONER COLETTA: Motion to approve Doug House, Murray Hendel, and also the municipal recommendations of Mayor Sorey and Councilman McBeth. MR. MITCHELL: Sir, we do have a public speaker to this item. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Coletta to approve Murray Hendel and Doug House for appointment to the TDC, and please call the speaker. MR. MITCHELL: Emily Maggio. MS. MAGGIO: Good afternoon. For the record, Emily Maggio. I rise today in opposition, ask you to please not reappoint Mr. Medwedeff to the TDC. Membership on the TDC or any county board, advisory board for that matter is a position of public trust not an inside privileged position from which to promote one's private agendas. I attended a workshop right in this room, many of you did too, when Mr. Medwedeff spoke out quite insistently about removing funding from museums. I then went to a TDC meeting where the beach facility that will be built at Vanderbilt Beach was discussed; more of the same, we shouldn't spend the money, it should go to advertising. Last fall I went to another TDC meeting, and it was more of the same. I don't know. I can't know what Mr. Medwedeff imagines his function as a TDC member to be, but it appears he believes he has the authority to change or at least circumvent the ordinance. No member of the TDC or even the entire council has a right to amend or alter the law. Function of the TDC, unless I'm sadly mistaken, is to review expenditures and projects, make recommendations to this commission, based primarily on whether or not they're in compliance with the ordinance. Remember, the ordinance was enabled by the voters of Collier Page 126 April 24, 2012 County. Without their approval, there would be no tourist tax. If the focus of the ordinance is to be changed, it should only be done with the approval of the voters. It shouldn't matter, really, where TDC members live in the county or who they represent or advocate for on the board, because the bottom line is, they are bound by the provisions of the ordinance. I think Mr. Medwedeff should be thanked for his many years of service, but I think it's time for something new. Thank you. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: The TDC is looking to ask the Board of County Commissioners to change the ordinance on the representation of the TD -- in the members of the TDC, recognizing that 30 percent or 20 percent of the monies come from Marco Island -- MR. OCHS: I believe it's 20 percent. COMMISSIONER HENNING: Twenty percent? MR. OCHS: Roughly, yes, sir. COMMISSIONER HENNING: By the motion and the second, that would prevent that from happening for another four years. So I just want the board to be -- recognize that the TDC, what they're working on, what's going to come up in a short time would prevent a representation of Marco Island there for four years. CHAIRMAN COYLE: Okay. Commissioner Hiller. COMMISSIONER HILLER: Yeah. You know -- and that was a concern of mine when I was reviewing the material and I saw that there was going to be no representative for Marco because of the rotation between the cities. I was somewhat troubled by that. I don't think it would matter who we appoint today, because if we change the ordinance, we can also say that, you know, effective of the date of the ordinance, whoever is in those positions, you know, their position -- or their service would be terminated. I mean, it could be part of our ordinance to specifically -- and I think that's correct. Page 127 April 24, 2012 Couldn't we do something like that and basically terminate the representation of whoever we appoint today or -- can we expand -- could we expand the TDC to add another member or not? It would be an even number. MR. KLATZKOW: Your TDC is statutory as far as the composition goes. COMMISSIONER HILLER: Does it say that we have to -- and I don't remember, but does it say we have to alternate between the city? MR. KLATZKOW: Your ordinance says that, but the state statute does not say that. COMMISSIONER HILLER: What does the state statute provide with -- MR. KLATZKOW: State statute provides for two municipal representatives, and the larger city has to be -- have a city. So Naples has a seat. And the way we've always structured the other one -- COMMISSIONER HILLER: It's alternating. MR. KLATZKOW: -- is just alternate it. It's never been an issue, I understand, because Everglades simply hasn't appointed anybody all these years. COMMISSIONER HILLER: So what can we do to solve the problem to make sure that Marco has a seat at the table? Because, obviously, they're a very important member of this group. MR. KLATZKOW: Well, you know, you can do two approaches. You can take your approach and vote on the motion, and then should you decide to change the ordinance, you can reconstitute the board then, or you can simply defer the appointment of the Everglades representative for now -- COMMISSIONER HILLER: I see. MR. KLATZKOW: -- until this comes forward to you. And I think -- Colleen, we take it to the next meeting? MS. GREENE: The first meeting in May. COMMISSIONER HILLER: Oh, that makes sense. I see where Page 128 April 24, 2012 you're coming from. MR. KLATZKOW: The first meeting in May we're taking it to you. COMMISSIONER HILLER: So we should defer it to allow the ordinance to be modified. I see where you're going. I completely appreciate your recommendation. That makes sense, because Marco absolutely has to have a representative. COMMISSIONER FIALA: We always have somebody at the table. CHAIRMAN COYLE: Well, Marco does have a representative. Mr. Gibson is representing Marco. COMMISSIONER HILLER: No, I don't believe Mr. Gibson represents Marco. He's a general member. COMMISSIONER FIALA: No, he's on the board. CHAIRMAN COYLE: He lives in -- COMMISSIONER HILLER: Yeah, but he's not the Marco. COMMISSIONER FIALA: Mr. Gibson, I'm sorry. COMMISSIONER HENNING: He's going off. He's going off. COMMISSIONER HILLER: And he's leaving? COMMISSIONER HENNING: Right. COMMISSIONER FIALA: Who? Jerry Gibson is leaving? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: If he is, you can appoint another one from Marco. COMMISSIONER FIALA: Yeah, another city councilman, then? CHAIRMAN COYLE: Yeah, if you wish to do so. COMMISSIONER HENNING: Well, I mean, it's going to Everglades City. COMMISSIONER HILLER: Right, that's the problem, because based on the way the ordinance is written -- COMMISSIONER COLETTA: Can I, please? Page 129 April 24, 2012 CHAIRMAN COYLE: Yes. Commissioner Coletta. COMMISSIONER COLETTA: I don't see it's a problem. Everglades City does play a part in the role of this. There may be an error in how we've got the distribution set up, but the idea being now that it's Everglades City's chance and they've got a council member to step forward and agree to do it, we shouldn't automatically say, well, they're not eligible. What we need to do is to be cognizant of the fact that the gentleman that's going off from Marco that we talked about, that we encourage several different people from Marco to put their name in for that place. I have no problem with representation from any part of the county. I do have a problem where all of a sudden we get down to the very last moment, and a community that was counting for a certain amount of representation for a while is going to be possibly denied while we redo the rules just because their percentage is off a little bit. If that was true, each commissioner would be able to appoint so many people to the Planning Commission by the amount of people that have paid taxes in a certain area based upon how much they pay. You've got to keep -- rules and regulations are set up for reasons, and when they're amended, they've got to be amended for the same reasons, not on the fly. So this has been -- this has been the rules that we've had in place for some time. Here we are now at the 11th hour. I haven't seen a recommendation from the Tourist Development Council telling us that we actually want to do this. They're going to consider it. So let's be fair for everyone concerned. Now, let's keep in mind when the next position comes open again, that we do have somebody from Marco Island, maybe somebody from the tourist industry. And I have no objections if we have two people from Marco Island. It's just right now at this point in time, let's stay within the rules that we originally established. Page 130 April 24, 2012 CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, that's not a true statement. As it was stated, the recommended ordinance is coming back to this body at the next meeting. Okay. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: So -- CHAIRMAN COYLE: Then we can take action on that at that point in time. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I'd like to make a motion -- CHAIRMAN COYLE: You've got a motion on the floor. COMMISSIONER HILLER: What was the motion? COMMISSIONER HENNING: The motion was to accept the applicants that are in our agenda. COMMISSIONER HILLER: Who made that motion? CHAIRMAN COYLE: Murray Hendel and Douglas House. COMMISSIONER HILLER: Who made that agenda (sic)? COMMISSIONER COLETTA: I did. CHAIRMAN COYLE: Commissioner Coletta. COMMISSIONER HILLER: Oh, you did? Well, I would have said to defer it and to do what the county attorney says so I won't -- certainly can't second that. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I just -- I represent Marco Island, and I know that, you know, tourism is great on Marco, and they're a great reason for us to draw people down here. So I'm just -- I will try and make sure we reserve a seat permanently for -- CHAIRMAN COYLE: Marco. COMMISSIONER FIALA: -- somebody from Marco on there, whether it be -- I didn't realize Jerry was going to be off of it, but if -- COMMISSIONER COLETTA: I could agree with that. CHAIRMAN COYLE: Yeah. Page 131 April 24, 2012 COMMISSIONER FIALA: Huh? COMMISSIONER COLETTA: I could agree with that. COMMISSIONER FIALA: Yeah. And so when this thing comes up at the next meeting, I want to push for it right away. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. Motion passes 3 -2 with Commissioners Hiller and Henning dissenting. So -- and we need to accept the municipal recommendation for Mayor John Sorey and Beth (sic) -- COMMISSIONER COLETTA: That was part of my motion. CHAIRMAN COYLE: Okay, all right. That's right. Okay. We're all done. Let's go to the next one. Item #I OB ADVISORY BOARD VACANCIES PRESS RELEASE APRIL 5, 2012 WITH A DEADLINE OF APRIL 26, 2012 — READ INTO THE RECORD MR. OCHS : Item l OB is advisory board vacancies press release, April 5, 2012, with a deadline of April 26, 2012. MR. MITCHELL: Commissioners, the current press release, it expires this week on the 26th. We've had a reasonable number of applicants, but there are some areas that we're still sadly lacking. The Affordable Housing Advisory Committee currently has one Page 132 April 24, 2012 vacancy; the Airport Authority Advisory Board has one vacancy; the Animal Services Advisory Board has a vacancy. This is in the category of a vet or a veterinary technician, and this is -- we've had no applicants. And so I would appeal to anybody who's listening that qualifies to get their application in. The Bayshore Gateway /Triangle Local Redevelopment Advisory Board has three vacancies; the Contractors Licensing Board has three vacancies; the Golden Gate Estates Land Trust Committee has one vacancy; the Hispanic Affairs Advisory Committee has two vacancies; the Ochopee Fire Control District Advisory Committee has one vacancy; and, finally, the Parks and Recreation Advisory Board has two vacancies. Thank you. CHAIRMAN COYLE: Okay. Where do we go now? MR. OCHS: Commissioner, I'm going to suggest that if you're getting ready for a break for the court reporter, this might be a good time, because the NSP item will take some time, I would suspect, unless you want to go to the county attorney items, because I notice we do have some people here for that. Maybe they can -- CHAIRMAN COYLE: Let's take a look at them and see if any of them can be done in less than a day. MR. OCHS: I'll defer to Jeff. CHAIRMAN COYLE: Nope. COMMISSIONER HENNING: I can make -- CHAIRMAN COYLE: The consensus is that we take a break right now. Okay. MR. OCHS: Very good. CHAIRMAN COYLE: We'll take a 10- minute break. We'll be back here at 2:34. (A brief recess was had.) MR. SHEFFIELD: You have a live mic. CHAIRMAN COYLE: Okay. Ladies and gentlemen, Board of Page 133 April 24, 2012 County Commission meeting is back in session, and Commissioner Hiller will stop her sidebar discussion here shortly. Well, maybe not. Okay. Where do we go? MR. OCHS: Well, Mr. Chairman, for the convenience of the audience, I know we have some members of the audience in from Immokalee, and it might be a good idea to take Item 12 and then Item -- excuse me -- Item 12 first so we can get those out of the way. CHAIRMAN COYLE: Okay. Let's do it. Commissioner Hiller? COMMISSIONER HILLER: Yes. Before we get started, I just want to make a comment about the last vote on the TDC board. And I, honestly, did not understand the executive summary, and I'm sure that others on the board, like Commissioner Fiala, might not have understood it either, and you may want to reconsider your vote. I just want to explain -- and I'm going to turn this in as part of the backup on that last agenda item. The committee recommended that Rick Medwedeff be reappointed and Murray Hendel be reappointed. And Mr. Gibson is not any longer going to be on the TDC. The vote that was taken here that you participated in removes Rick Medwedeff and replaces him with Mr. House, the consequence of which is that now Marco Island has no representation because both Mr. Medwedeff and Mr. House are off. So I -- when I was looking at this, the way it's articulated here wasn't as obvious. And then when I revisited it during the break it came to my attention. And so I wanted to bring it to yours because I don't know if that's what you wanted. COMMISSIONER FIALA: So now that means we have two people from Everglades City and nobody from Marco? COMMISSIONER HILLER: Well, we've got -- I don't -- Mr. House -- Mr. House is -- I don't know where he's from. He's categorized as a non - owner /non - operator. He's from District 5. I don't know if he's specifically from Everglades. But the consequence Page 134 April 24, 2012 is is that you have nobody from Marco now. And so basically -- this also flies in the face of the TDC's recommendation. So if you wanted to reconsider that, I mean, you can take a look at it, and then we can enter it into the backup. COMMISSIONER FIALA: Okay. Let me work on that. COMMISSIONER HILLER: Sure. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Okay. And if -- has Mr. Gibson's seat been declared vacant? MR. MITCHELL: Well, Mr. Gibson's -- because -- he was an elected official and he was a representative of Marco Island, so this time that seat switched over to Everglades City, and Everglades City recommended one of the officials from Everglades City to take his -- what was his seat. And Mr. House has taken -- CHAIRMAN COYLE: He's not off there yet. MR. MITCHELL: Yes, he -- well, his term -- yes, he is, because his term expired on the 21 st of April. COMMISSIONER HILLER: Yeah. CHAIRMAN COYLE: Okay. Does that leave a vacancy? MR. MITCHELL: No, sir, not after the action of the board today. CHAIRMAN COYLE: And are you going to -- I understood there was going to be a recommended change in the ordinance that would be recommended by the TDC. MR. MITCHELL: Sir, that's being presented to you at the next meeting. CHAIRMAN COYLE: Why don't we take a look at that and see what it provides. MR. MITCHELL: Yes, sir, but as well as with all the advisory boards, the members of the advisory boards serve at the commission's pleasure. CHAIRMAN COYLE: Yeah, I understand that. Page 135 April 24, 2012 MR. MITCHELL: Yes, sir, you can change it. COMMISSIONER FIALA: Could we -- like, with the City Councilwoman (sic) McBeth Collins -- I guess that's a person -- I mean, a girl, a lady. I don't know. MR. MITCHELL: No, it's a gentleman. COMMISSIONER FIALA: Oh, it's a gentleman. Could -- for the time being, could Jerry Gibson just stay there until we -- no, okay. MR. MITCHELL: No. There's two aspects to that. One, he would have to be nominated again by the Marco Island City Council, and the other one is, the position's taken by McBeth Collins. COMMISSIONER HILLER: If I may, you know, the solution is is if you want Rick Medwedeff to remain on there, then Mr. House, who is the nonowner /non - operator that was part of the motion of the board, would be replaced by him. This has nothing to do -- Mr. Medwedeff goes to Mr. House's position. That's the issue. And the motion that they made this morning was -- or this afternoon, I should say, was to reject the committee's recommendation of Mr. Medwedeff and, instead, put Mr. House on. So you actually had two representatives from Marco; you had Mr. Medwedeff and you had Mr. Gibson. Mr. Gibson -- Mr. Gibson's position rotated with Everglades City. Mr. Medwedeff was recommended, but the motion that was made by the board, voted on by the three of you, was to replace Mr. Medwedeff with Mr. House. COMMISSIONER FIALA: Right, yes. Let -- let me not only think about it but let me call some people from Marco in our breaktime, and then before the end of the day I need to address that. Thank you. COMMISSIONER HILLER: Yeah. That's a very significant issue. COMMISSIONER FIALA: It certainly is. COMMISSIONER HILLER: And considering Mr. Medwedeff, you know, is, you know, one of only two experienced hoteliers on that Page 136 April 24, 2012 board -- and by the way, the constant push to move the money from the museums to advertising really has been spearheaded by Mr. Hendel, and it was supported by the TDC as a whole. So it can't -- COMMISSIONER FIALA: Mr. Hendel spearheaded that? COMMISSIONER HILLER: Yes, a long time ago, a long, long time ago. COMMISSIONER FIALA: Because I know that the people on Marco have been rather offended by that. COMMISSIONER HILLER: Yeah. But Mr. Hendel, actually, was the one who has always been pushing for that, as have many of the other members of the board. It certainly hasn't been, you know, Mr. Medwedeff exclusively. He did incorporate the recommendation in his subcommittee analysis because it was something that everybody agreed with. COMMISSIONER HENNING: Could we have this conversation over a cup of coffee? COMMISSIONER FIALA: Yeah, that's a good idea. CHAIRMAN COYLE: You can't. Okay. MR. OCHS: 12A, sir? CHAIRMAN COYLE: Yes, let's go to 12A. Item #12A RECOMMENDATION PURSUANT TO COLLIER COUNTY RESOLUTION NO. 95 -632, THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE OFFICE OF THE COUNTY ATTORNEY TO REPRESENT AIRPORT AUTHORITY EXECUTIVE DIRECTOR THOMAS C. CURRY, AND AIRPORT MANAGER THOMAS VERGO, WHO ARE BEING SUED BY STEPHEN J. FLETCHER AND FLETCHER FLYING SERVICE, INC., A TENANT AT IMMOKALEE AIRPORT, IN THE CASE STYLED STEPHEN J. FLETCHER AND FLETCHER FLYING Page 137 April 24, 2012 SERVICE, INC. V. THOMAS C. CURRY AND THOMAS VERGO, CASE NO. 12- 1124 -CA, TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA — MOTION TO DENY — FAILED; MOTION TO APPROVE BUT TO HIRE OUTSIDE LEGAL COUNSEL TO REPRESENT STAFF WITH FUNDING FROM RESERVES VIA BUDGET AMENDMENT — APPROVED MR. OCHS: 12A was previously 16K1. It was moved to 12A. It's a recommendation pursuant to Collier County Resolution 95 -632 that the Board of County Commissioners authorize the Office of the County Attorney to represent Airport Authority Executive Director Thomas C. Curry and Airport Manager Thomas Vergo who are being sued by Stephen J. Fletcher and Fletcher Flying Services, Inc., a tenant at the Immokalee Airport, in the case styled Stephen J. Fletcher and Fletcher Flying Services, Incorporated, versus Thomas C. Curry and Thomas Vergo, Case No. 12- 1124 -CA, 20th Judicial Circuit in and for Collier County, Florida. This item was moved at Commissioner Hiller's request. COMMISSIONER HILLER: Would you like me to comment on this? CHAIRMAN COYLE: Go ahead, Commissioner Hiller. COMMISSIONER HILLER: Yeah. I was very concerned that we would be using public funds to provide litigation defense for Mr. Curry and Mr. Vergo when this lawsuit that's being brought by Mr. Fletcher is against them individually and not against the county. So I think it's a completely inappropriate use of public funds. And I know that we are actually in the process, as I understand, of still -- of funding the defense of Marcy Krumbine, if I'm not mistaken. MR. KLATZKOW: No, we're not. COMMISSIONER HILLER: We're not? Have we stopped that? MR. KLATZKOW: We never did. Page 138 April 24, 2012 COMMISSIONER HILLER: Oh, who did we -- in the PLAN litigation -- MR. KLATZKOW: PLAN. We're defending PLAN itself. COMMISSIONER HILLER: Right. So I don't understand why we're doing that either, because, you know, we're defending a nonprofit that is not -- CHAIRMAN COYLE: That's not the topic of discussion. COMMISSIONER HILLER: I understand. But, I mean, that's just another example of where we have inappropriate use of public funds. So I cannot understand why or accept any basis for funding the defense of Mr. Curry and Mr. Vergo. I think they need to defend themselves in this action. MR. KLATZKOW: Commissioner, it is my strong belief and opinion that if this board does not stand behind Mr. Curry and Mr. Vergo it will send a chilling message to each and every one of your employees that they do not have the support of this board. If you are of the belief that Mr. Curry and /or Mr. Vergo have acted inappropriately and outside the scope of their duties, that's a different issue. But barring that, everybody knows what this is about at this point in time. It's my belief that the complaint was structured in a very particular way, and I believe that Mr. Curry and Mr. Vergo deserve to be defended by the county. I'm not asking you to expend ad valorem taxes on this. We'll do this in -house with our, you know, in -house counsel. It will take time for us to do it but, frankly, I don't believe that the lawsuit has any merit whatsoever, and I don't expect it to be taking all that much time. COMMISSIONER HILLER: Well, my concern is that by using your staff, we are spending ad valorem dollars because your staff is funded by ad valorem dollars. So you know, we are using -- we are using the taxpayer dollar to defend this litigation. Page 139 April 24, 2012 Can you tell us a little bit about what the allegations of this lawsuit are? MR. KLATZKOW: The allegation, briefly stated, is that Mr. Fletcher, who's a long -time tenant at the Immokalee Regional Airport, believes he's being treated unfairly, believes he's being harassed by Mr. Curry and by Mr. Vergo, and they are seeking a permanent injunction to restrain this behavior by the -- your director and your -- and Mr. Vergo. COMMISSIONER HILLER: I think there's merit to that. I mean, it appears to me Mr. Curry and Mr. Vergo both have been very prejudicial against Mr. Fletcher and have basically been improperly treating him and not treating him equal to other tenants at the airport, I would say, making it extremely difficult for him to do his business. So if the -- the position is that we shouldn't be funding it because we don't believe there's merit in the case, or I should say merit in the defense of the case, then I would say that I would have -- I would have to agree with that. I don't believe there is merit in -- I'm sorry. There is -- I'm getting -- let me just restate that. I do not believe there is merit in us defending Mr. Vergo and Mr. Curry in light of their conduct toward Mr. Fletcher, and I do believe the suit brought by Mr. Fletcher does have merit in light of the facts that have come before us as a board. MR. KLATZKOW: Ma'am, it's my strong opinion that you either defend them or you fire them. There's no in- between on this one. If you believe their actions are outside the scope of their employment and inappropriate, then the proper course of action is to terminate them. I don't believe that that's true. But having said that, you need to defend your employees. COMMISSIONER HILLER: Well -- CHAIRMAN COYLE: Okay. Let -- your opinion is fine, Commissioner Hiller, but there are other opinions that need to be expressed here. Who -- Page 140 April 24, 2012 COMMISSIONER HILLER: So I'd like to make a motion to deny. CHAIRMAN COYLE: Okay. Motion by Commissioner Hiller to deny. COMMISSIONER HENNING: I'll second. CHAIRMAN COYLE: Okay. Second by Commissioner Henning. Who was next? COMMISSIONER HENNING: I was. CHAIRMAN COYLE: Okay. Commissioner Henning, go ahead. COMMISSIONER HENNING: Jeff, you're saying that you're not going to hire outside legal? MR. KLATZKOW: No. COMMISSIONER HENNING: You're going to do it inside? MR. KLATZKOW: We're going to do this inside. COMMISSIONER HENNING: Okay. That wasn't very clear in the executive summary. Now, can we fire Mr. Vergo? I thought the airport director only works for us. MR. KLATZKOW: You know, I'd have to look at the -- COMMISSIONER HENNING: I don't think we can fire him. MR. KLATZKOW: I'm not sure what his relationship is, if he works directly for the airport director or if he works for the county. COMMISSIONER HENNING: Yeah. We never hired him. MR. KLATZKOW: I don't know that. COMMISSIONER HENNING: Okay. COMMISSIONER HILLER: He may, in fact, work -- CHAIRMAN COYLE: Okay. Commissioner Hiller, just a moment. Are you finished? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Commissioner Coletta? Page 141 April 24, 2012 COMMISSIONER COLETTA: No, Commissioner Fiala was first. CHAIRMAN COYLE: Okay. Commissioner Fiala. COMMISSIONER FIALA: Yes. I think -- I don't think we're here to judge. I think it should be going to -- you know, if that has to be, then we should give it to a judge to judge, and we should play it out as it needs to be. We ought to make sure that we always protect our employees. I mean, if it was one of us, I know I would expect the county -- whether somebody didn't agree with what I did or not, I would expect them to defend me, especially if I felt I was innocent. And I feel that -- that same way. We have to protect our employees. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. You know, it's -- we all know where this is all coming from. We all understand the fact -- we've been briefed on almost an hourly basis by the airport director, Chris Curry, of everything that's been taking place. There's been no gap as far as knowledge of this commission. We've heard everything that was coming down. We followed it inch by inch. We might not have agreed along the way. So, you know, this -- like the county attorney said, this case is without merit. It is all for the wrong reasons. And I, for one, am going to make the countermotion when the time comes to support our airport director and his assistant and show good faith for the rest of the county employees. CHAIRMAN COYLE: Okay. And, Mr. Curry and Mr. Vergo, I think you've done a commendable job. In fact, I think you have been very reserved in your reaction to Mr. Fletcher and others on the airport. Other professional managers of airports would have taken much more severe action against those people, and you're certainly going to get my support. So I'll call the question. All in favor of Commissioner Hiller's motion not to defend our Page 142 April 24, 2012 airport director and manager, please signify by saying aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay. All those who agree that they should be defended by Collier County, please signify by saying aye. Aye. Oh, I'm sorry. COMMISSIONER HENNING: That isn't the motion. CHAIRMAN COYLE: Erase that. Okay. Is there another motion? COMMISSIONER COLETTA: No, sir. You didn't finish up. Those who are opposed to the motion. CHAIRMAN COYLE: Those that are opposed to the motion -- COMMISSIONER COLETTA: It's getting late. CHAIRMAN COYLE: Okay -- please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: And so the motion fails by a vote of the one for by Commissioner Hiller and four against by Fiala, Coyle, Coletta, and Henning. Is there another motion? COMMISSIONER COLETTA: Yes, a motion to approve the defense of the airport director and his assistant. COMMISSIONER FIALA: And I'll second the motion. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: But I do have a question. COMMISSIONER HENNING: Question on the motion. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Now, that's for the County Attorney's Office to defend -- COMMISSIONER COLETTA: No, that's what I wanted to talk Page 143 April 24, 2012 about. Thank you. COMMISSIONER HENNING: -- or expend taxpayers' money on an airport -- of Immokalee airport that the reports show that we're losing more and more money all the time. That's -- COMMISSIONER COLETTA: May I, sir? CHAIRMAN COYLE: You may; go ahead. COMMISSIONER COLETTA: I'm sorry. Are you through, Commissioner Henning? I didn't mean to jump in front of you. COMMISSIONER HENNING: No. That's just not the fiscally responsible thing to do. County Attorney's Office is a part of the budget process anyways. COMMISSIONER COLETTA: Okay. If I may -- and I'm sorry, my motion, I would like to amend it. I'll tell you what I'm thinking at this point in time. I can remember different people, some within this room, who were represented by outside counsel because we felt that there may have been conflicts within using the County Attorney's Office for trying to accomplish this. We have one person that's very outspoken about what the county attorney's doing, what the airport authority's doing, and I'm afraid that if the County Attorney's Office is part of this process, that interference could carry over to this case. That's a concern. I'd like to talk about that before we take a final vote on this, and then I may amend the motion to hire outside counsel to do it. And it's not a case of money, because the County Attorney's Office is still going to have to expend time and energy. Mr. Klatzkow, my concerns, are they unfounded? MR. KLATZKOW: Now, look, this is -- I mean, the airport authority's become a lightning rod, and I have no doubt that that will continue. We're happy to provide the representation. I'm sure there will be criticisms levied, but -- Page 144 April 24, 2012 COMMISSIONER COLETTA: For the best possible defense, do you think -- MR. KLATZKOW: We will give you the best possible defense, yes. COMMISSIONER COLETTA: The County Attorney's Office can provide that? MR. KLATZKOW: Yes. COMMISSIONER COLETTA: Without any question, and you don't think that outside interference would hamper your ability to be able to perform? MR. KLATZKOW: No. COMMISSIONER COLETTA: Okay. In that case, I leave my motion as -is. CHAIRMAN COYLE: Commissioner Henning was first. Go ahead, Commissioner Henning, because I have a question. COMMISSIONER HENNING: I need to understand the motion. CHAIRMAN COYLE: Then let me ask my question first because it might clarify Commissioner Coletta's intent. This issue involves airport operation. We don't have anybody on county attorney staff who has experience in airport operations nor do I believe they're all that familiar with federal aviation regulations. I, personally think this suit should be defended with the most rigorous and informed and experienced legal capabilities we can pull together, because it is outrageous. And I think that any appropriate countercharges should be considered. And I don't see that happening with people who are inexperienced with aviation law. So I would -- I would suggest we provide them the best possible defense we can provide with people experienced in aviation law. COMMISSIONER COLETTA: I'll incorporate that into my motion. COMMISSIONER FIALA: And second. MR. KLATZKOW: You'll need -- you're going to need to Page 145 April 24, 2012 budget for this. COMMISSIONER HENNING: Uh -huh. CHAIRMAN COYLE: Okay. And what's that going to require? MR. KLATZKOW: Some -- you'll need to figure out some source for the money. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: It's not going to be coming from the airport. CHAIRMAN COYLE: Until we do that -- Chris, raise all the rents at the airport. MR. COURTRIGHT: He already did that. CHAIRMAN COYLE: Cover these costs with the rents from the airport, will you? COMMISSIONER HENNING: Charge all the animals that fly over it, too. CHAIRMAN COYLE: But in any event. COMMISSIONER HENNING: Take it from the CRA. CHAIRMAN COYLE: Would it be appropriate, then, to say until such time as appropriate funds can be identified, that you will perform the -- MR. KLATZKOW: We'll identify -- usually in the fiscal impact we identify where the funds are coming from. MR. OCHS: Commissioner, if that's the direction of the board, we'll process a budget amendment from reserves and set up a litigation line item in Jeff s budget and move on, if that's the direction of the board. CHAIRMAN COYLE: Okay, all right. Is that your motion then, Commissioner Coletta? COMMISSIONER COLETTA: That's my motion. CHAIRMAN COYLE: And Commissioner Fiala seconded. COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Okay. Commissioner Henning, anything Page 146 April 24, 2012 else? COMMISSIONER HENNING: Yeah. Since you commented on the merit -- merits of the case, there were several reports from the airport staff, complaints to the FAA on Fletcher Flying. Nobody has ever brought that there was any -- that those complaints were valid. Okay. They're invalid. CHAIRMAN COYLE: No, that's not true. They can't be called invalid because -- COMMISSIONER HENNING: They're not -- CHAIRMAN COYLE: -- no actual action has been taken to date. COMMISSIONER HENNING: So -- yeah. No, there hasn't been because there's no finding of it. You're losing business at the airport, all right. You're losing money at the airport. You want to use, you know, taxpayers' money, General Fund money, and this resembles the lawsuit to stop the clerk from auditing. It just didn't make sense, okay. You know, I could support it if the county attorney would have defended it because it wasn't taking other monies that we can use to pay our debt down. We have legal staff to do it; however, you want to get the best and the most expensive; that's what it's going to be, the most expensive to defend this. And the issue is, there's a lot of people in Immokalee, and a lot of people that use that airport are very upset, and a lot of people -- tenants have left, and I don't think defending this vigorously is going to help bring in monies at the Immokalee airport. CHAIRMAN COYLE: Well, that's an opinion, but -- COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: -- my opinion differs, and I don't believe that the airport is losing all that much business. COMMISSIONER HENNING: We got the report. CHAIRMAN COYLE: We've got every hangar leased up; is that correct? Page 147 April 24, 2012 MR. COURTRIGHT: Be careful. MR. CURRY: I think -- CHAIRMAN COYLE: Well, that's all right. Forget it. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed by like sign? COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. The motion passes 3 -2 with Commissioner Hiller and Henning dissenting. Item # 12B REQUEST FOR AUTHORIZATION TO JOIN FLORIDA ASSOC. OF COUNTIES AS A PLAINTIFF IN LITIGATION TO CHALLENGE THE CONSTITUTIONALITY OF CHAPTER 2012- 33, LAWS OF FLORIDA (HB 5301) — APPROVED MR. OCHS: Commissioners, 12B was previously 16K2. It's a request for authorization to join Florida Association of Counties as a plaintiff in the litigation challenging the constitutionality of Chapter 2012 -33, laws of Florida, House Bill 5301. This item was moved at both Commissioner Fiala and Commissioner Henning's request. CHAIRMAN COYLE: Okay. Commissioner Fiala. COMMISSIONER FIALA: Yes. This is more or less just an advisory for everyone. We, the county, in particular, as your representative and member of the executive board for the Florida Association of Counties, are working together to prepare a lawsuit, actually, to challenge the constitutionality of a bill that's just been put in place, and what it does is pass down unfunded mandates to all of April 24, 2012 our citizens, actually to all of the counties in the State of Florida, not just us, everybody. We have all -- all 67 counties are joining together to stop this from happening. And what it actually -- it's going to cost us $3,500 as our share because every county will be putting in -- now, we don't know if it will actually be that much -- might be a lot less, depends how it goes, but what this is all about is -- how can I -- counties have always been contributing to Medicaid, okay. We've been contributing to Medicaid collections over many, many years, and collections have steadily decreased now with only 64.7 percent of billings being paid that year. The backlog of billing resulting in a shortfall in the state's general fund is blamed on the electronic billing system. They got a new electronic billing system. Being that they're getting so much less money -- that their new electronic billing system is telling them that that's all they deserve, but they say it's costing them more -- they're now wanting to charge all of the counties to cover the costs. And the counties are saying, well, wait a minute. That isn't what we have to pay. You know, that system is wrong. You're wrong to try and bill us. So we're all gathering together. And I just wanted the public to know that's something that we're going to be doing and, actually, it's for our taxpayers, to stop yet another unfunded mandate from being passed down to all 67 counties in the State of Florida. So that's about it. CHAIRMAN COYLE: Okay. Do you have a motion? COMMISSIONER FIALA: I make a motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Fiala, second by Commissioner Coletta. Do you have public speakers? MR. MITCHELL: Yes, sir. We have one speaker. CHAIRMAN COYLE: Okay. Page 149 April 24, 2012 MR. MITCHELL: Peter Gaddy. MR. GADDY: Peter Gaddy. Good afternoon, Commissioners. Thank you, Commissioner Fiala for describing the background of this item. I support the litigation, and I'm glad the board is concerned about this and doing the right thing. One suggestion I had was our local representative, Matt Hudson, was one of the sponsors of this litigation. My suggestion is that you have him come before the board to explain why he supported this litigation. CHAIRMAN COYLE: He didn't support the litigation. He supported the legislation. COMMISSIONER HILLER: Not the litigation bill. MR. GADDY: The legislation, I'm sorry. COMMISSIONER HILLER: He actually -- it was his -- it was his bill. MR. GADDY: Right. I'm just suggesting to you, if you think about it, an invitation might be in order. Maybe he has some explanation that we're unable to figure out. COMMISSIONER FIALA: Actually, I'd like to -- COMMISSIONER COLETTA: He did. He came before -- I'm sorry. Mr. Gaddy, you're right. We did this by phone with him when he was working on the legislation, and we expressed our misgivings with it at that point in time. And we engaged him in conversation probably for 15, 20 minutes, I'd say. COMMISSIONER HILLER: You're absolutely right. I remember that. It was on video (sic). COMMISSIONER COLETTA: You know, I don't know what purpose it would serve at this time. He passed -- and I got to be honest with you, even though we're opposed to it, there is a lot of support out there, especially at the state capitol and within the medical industry itself. So it's a double -edged thing. It's going to hurt us financially. On Page 150 April 24, 2012 the other end it's going to enable them to have funds to go forward. If I had a way to bring it to an end, I would. That's why we're sponsoring the suit. And thank you Commissioner Fiala, for representing us on the council there for the Association of Counties. CHAIRMAN COYLE: Let me clarify that just a little bit. When we talked with -- MR. GADDY: Mr. Hudson? CHAIRMAN COYLE: -- well, the legislature who passed this thing, we talked with him about his proposal to consolidate certain medical functions to include public health agencies in Collier County. To the best of my knowledge, the portion that we talked with him about was defeated and did not happen. I'm not at all sure -- I don't recall that Mr. Hudson discussed the issue of Medicare -- Medicaid billing that we're currently litigating. MR. GADDY: That's my recollection of that phone call also. And I don't think at the time of that phone call anyone understood the ramifications explained by Mr. -- Mr. Ochs a couple of meetings ago. CHAIRMAN COYLE: I think that's right. So we didn't understand a part of the legislation -- MR. GADDY: Right. CHAIRMAN COYLE: -- that pertained to the recovery of Medicaid funds from counties was going to survive. We didn't know that that was going to happen. But it did, and -- so it certainly would be good if we could get an explanation as to why that legislation was sponsored and passed. MR. GADDY: I just had one question of Commissioner Fiala or the county attorney. Do you have any more updated information, like a copy of the complaint or anything like that? COMMISSIONER FIALA: That's coming up. I had a conference call with all of the counties that were able to be on that conference call at the time, FAC heading the conference call, and they Page 151 April 24, 2012 said that they were going to be printing something up. And when I get it I'll make sure that you get a copy of it, but I'm sure we'll be making it public. MR. GADDY: Thank you very much. COMMISSIONER FIALA: And I like your idea about inviting Matt Hudson back to talk about this. I would like it if other commissioners felt the same way. COMMISSIONER HILLER: Yeah, I'll support it. I'll support it. COMMISSIONER FIALA: Yeah, I think that's a good idea. CHAIRMAN COYLE: Okay. Let's break this into two parts. Let's vote on this motion, and then we can talk about having Representative Hudson -- COMMISSIONER FIALA: Oh, we already voted on this, and we passed it. COMMISSIONER HENNING: No, we didn't. CHAIRMAN COYLE: I don't think so. COMMISSIONER HENNING: There's not even a motion. COMMISSIONER FIALA: Huh? Didn't I say motion to approve and somebody else said -- CHAIRMAN COYLE: I thought you did. COMMISSIONER FIALA: And when we voted on it I thought that I -- poor Peter Gaddy was still sitting there and we'd already -- MR. GADDY: You didn't. I had interrupted your vote to say that there was a public speaker. So you didn't complete the vote. CHAIRMAN COYLE: I didn't call the motion until after we got to public speakers. COMMISSIONER HENNING: But I had -- I pulled it off the consent agenda also; is that correct? MR. OCHS: That's correct, sir. COMMISSIONER HENNING: I think I did that because I had a question. CHAIRMAN COYLE: Okay, go ahead. But first of all, let me Page 152 April 24, 2012 participate in the conversation here. HB 5301, and that's what we're opposing, was and is Representative Hudson's bill. That's the bottom line. Now, he would have to agree to bring that language in there on the whole cost -share thing where it's going to cost the county $2 million. That happened at the end of the legislative -- and I think it was the day -- the last day or the second -to- the -last day. That was prior -- that was after we had a discussion with Matt Hudson about that, okay. So that's -- that's the time frame of the whole thing is we spoke to Matt Hudson. He said that the parts of the bill that we objected to were removed; however, after that he allowed for a cost sharing that's going to cost the Collier County taxpayers $2 million. That's exactly what happened, okay. COMMISSIONER HENNING: And my question and why I wanted it off the agenda, because this -- this bill, HB 53015 Representative Hudson's bill is unconstitutional. Remember when I sent you that information the next morning when it was in the paper? MR. KLATZKOW: Yes, you did. COMMISSIONER HENNING: This bill is unconstitutional. It's against the Florida Constitution. There's no question about it. And I know we'll prevail. So once we prevail defending or proposing litigation, what's the chances of us asking and receiving our costs back for this litigation? MR. KLATZKOW: Well, I'll get with Susan Sharudi, who's going to be one of the lead attorneys. I have a long -time relationship with her and I'll ask her to include that as part of the complaint. We're just going to be one party of maybe 30 counties in this. The chance of getting attorney's fees are probably relatively low, but I will ask her. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Good, good. Okay, Commissioner Coletta, do you have anything more? Page 153 April 24, 2012 COMMISSIONER COLETTA: No, nothing more. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It sounds like it passes unanimously, but I'll ask the question anyway. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. Where do we go next? Item #13A RECOMMENDATION THAT THE BOARD ACCEPT THE INVESTMENT STATUS UPDATE REPORT FOR THE OUARTER ENDING MARCH 31, 2012 — APPROVED MR. OCHS: Commissioners, let's go to 13A. It was previously 16J5. It's a recommendation that the board accept the Investment Status Update Report for the quarter ending March 31, 2012, and this item was moved at Commissioner Fiala's request. COMMISSIONER FIALA: Oh, thank you so much. It's pretty simple. I was just -- really, I thought these figures were -- your report is outstanding. You guys have always been investing our money so well, and I don't think we make enough points about that. So instead of being just hidden in the consent agenda, I wanted to bring it out so that the public knows that we're working together not only to get this money but also to save it and to get interest on it to use Page 154 April 24, 2012 then wisely. And so, you know, go ahead and brag. MR. JOHNS SEN: Commissioner, Derek Johnssen for the Clerk's Office. Thank you very much. If I could just highlight a couple of items. The board's total pooled investment portfolio as of 3/31/2012 -- COMMISSIONER HILLER: Can you speak into the mic? MR. JOHNS SEN: -- was $694 million. The annualized yield was .58 percent. Of these monies, $85 million was available on an overnight basis to pay bills as they came due, and $609 million was invested in treasuries and federal instrumentalities. As of 3/31, the fair market value of the portfolio was $409,000 more than its purchase price. The portfolio's structured to preserve principal in accordance with our investment policy, your investment policy. The current strategy is to protect principal by buying conservative investments with very short terms. We expect that -- that philosophy or that strategy to be what we are doing for quite a while. And in this case we'll be able to -- in order -- be in a position to be able to take advantage of any future interest rate increases. Those are all the comments I have. COMMISSIONER FIALA: That's it. And I make a motion to approve. COMMISSIONER HILLER: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Fiala, second by Commissioner Hiller. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. Page 155 April 24, 2012 CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. COMMISSIONER FIALA: That's a good -news item. Thank you. MR. JOHNSSEN: Thank you, Commissioner. CHAIRMAN COYLE: Yeah. I think you should get higher interest rates, though. MR. JOHNSSEN: Sir, I agree. I couldn't agree more. CHAIRMAN COYLE: Five to 10 percent would be great. MR. JOHNSSEN: Sir, are you paying that? MR. OCHS: With no risk. Item # 14B 1 RECOMMENDATION TO PROVIDE "AFTER- THE - FACT" APPROVAL OF THE SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION TO COLLIER COUNTY'S HOUSING AND HUMAN SERVICE DEPARTMENT SEEKING GRANT FUNDING IN THE AMOUNT OF $36000 TO SUPPORT FURTHER IMPLEMENTATION OF SERVICES PROVIDED BY THE IMMOKALEE BUSINESS DEVELOPMENT CENTER — APPROVED Commissioners, that takes us to Item 14B on your agenda. It was previously 16B 1 under your CRA. It's a recommendation to provide after - the -fact approval of the submission of the attached Community Development Block Grant application to Collier County Housing and Human Service Department seeking grant funding in the amount of $360,000 to support further implementation of the services provided by the Immokalee Business Development Center. This item was moved at Commissioner Henning's request. Page 156 April 24, 2012 COMMISSIONER HENNING: I'm going to support the grant. However, I think we need to give direction as the CRA, because we are acting as the CRA right now. The item, if you look at the executive summary, says -- it states, March 9, 2010 the board approved the creation of the Immokalee Business Center at the airport. And what I recall of it, it was trying to get the incubator filled up. However, I think there's some great opportunities. In fact, Penny Phillippi has provided those in a report. And I think what -- the work that has been completed is outside the airport -- created 10 jobs -- no, I'm sorry -- 10 businesses and 14 new jobs in Immokalee. And, you know, I hope that we can highlight those. I would like to know who they are. But they're not at the airport, is that correct? MS. PHILLIPPI: That is correct. COMMISSIONER HENNING: Okay. Can we -- can we change the makeup of the Immokalee Business Group -- I'm sorry. Tell me the name of it. MS. PHILLIPPI: The Immokalee Business Development Center. COMMISSIONER HENNING: -- Immokalee Business Development Center to focus on new business and expanding businesses in Immokalee, change the scope of it so it matches what you're doing today? MS. PHILLIPPI: If you recall, back on June 28th when we came to lease the property that we're currently in, we had a pretty extensive discussion about why we needed that leased space and that we had to set the Immokalee Business Development Center up with classrooms and a lab and those kinds of things, and -- COMMISSIONER HENNING: I know you did, but it -- during the creation of the Immokalee business center, it was supposed to be at the airport. MS. PHILLIPPI: At the airport, yes. COMMISSIONER HENNING: Okay. Now you're doing things different. It was all set up and focused around the airport. And, quite Page 157 April 24, 2012 frankly, it would probably be best to stay away from the airport at this time and focus on new businesses and job creation and business expansion in Immokalee. So I would just ask you to, in the future, change what was reported to the board March 9, 2010, and expand what you're -- what this -- MS. PHILLIPPI: Well, you're absolutely right. We do need to completely readdress those policies and procedures -- COMMISSIONER HENNING: Correct. MS. PHILLIPPI: -- that the board initially approved. And I think we very recently had a discussion that that was the case. The only reason we didn't go to the airport was they didn't have the space for us. We had a nice partnership agreement, and they just simply didn't have space. Our current experience over these past two years has told us that people don't want to be at the airport unless they're a heavier industry. The folks that we actually are working with want to be on Main Street. So you're absolutely right. We need to readdress our policies and procedures. COMMISSIONER HENNING: And could you provide the board at a future date of what these new 10 businesses are? MS. PHILLIPPI: Yes. I believe we put a list -- they're new and expanding businesses. I believe we put a list of them on Page 4 of our annual report. And one of the first people to sign up, whom you all know, I'm sure, Airboats and Alligators, or is it Alligators and Airboats? Ski Olesky, whom you all know pretty well. Since he signed up -- and he asked specifically for marketing and advertising expansion and how to build that business -- he's bought two brand new airboats and now he has two more on order. I mean, it's just like a factory out there in the way that this has helped his business, and we all owe it primarily to Marie Capita. I'm telling you, she's been a real fireball out there. Page 158 April 24, 2012 COMMISSIONER HENNING: Okay. Well, I'm very interested in 10 new businesses. So if I could have some information later on, I really would appreciate that. MS. PHILLIPPI: Yes. COMMISSIONER HENNING: I'm going to make a motion that we approve this item, and it sound like Penny's going to change the policy -- goals and policies -- MS. PHILLIPPI: Yes, sir. COMMISSIONER HENNING: -- for this so the grant can be paid. COMMISSIONER FIALA: Second the motion. CHAIRMAN COYLE: Okay. Motion by Commissioner Henning to approve, and seconded by Commissioner Fiala. And, Commissioner Hiller, you're trying to turn your light on or off? COMMISSIONER HILLER: I am. I'm trying to. CHAIRMAN COYLE: I'm sorry. It's not on, so you can't speak. COMMISSIONER HILLER: Do you like this -- I mean -- this abuse here? Penny, what happened was when I had reviewed this -- help me out. You know, when I went through this, I read all the stuff, you know, that you explained about all the different programs you're developing, which is all really good, but how exactly is this -- what I didn't see in here was how these funds were actually going to be used. So can you help me out? How is this -- MS. PHILLIPPI: We actually did put a budget in there, but -- COMMISSIONER HILLER: And, unfortunately -- I usually pull it up electronically. My computer isn't working right now, I just -- MS. PHILLIPPI: If we may for you -- COMMISSIONER HILLER: And I just could not -- I couldn't find it, so -- and I was looking for it, and maybe you can help me out. Could you put it up on the board and -- Page 159 April 24, 2012 MS. PHILLIPPI: Just for your -- COMMISSIONER HILLER: Because I could not -- MS. PHILLIPPI: -- information, Marie put together kind of a quick and dirty PowerPoint so that she could talk about the kinds of things that we hope to expend these funds on. And this is a two -year grant, not a one -year grant. COMMISSIONER HILLER: Okay. MS. PHILLIPPI: So 365 is for 2 full years. So -- 360, I'm sorry. MS. CAPITA: Good afternoon, Commissioners. My name is Marie Capita, and I'm the center manager for the Immokalee Business Development Center. The Immokalee Business Development Center is a center for entrepreneurial creativity, because there's a lot of creative minds in Immokalee, and we're helping them bring out their creativity. The CRA has identified a unique and proven method to improve the business and economic development in Immokalee. And for the past year this method has proven to be very successful by the work and the success stories that we have accomplished so far. The IBDC, Immokalee Business Development program, is an economic development tool designed to facilitate the growth and development of new and existing businesses. With the money that is being requested through the fund, we will provide educational workshops and training entrepreneurial school information, informational technology, assistance in job creation. Workshops and training. Today the IBDC has so far given several workshops in which 165 participants have gone thru our workshops. And these are business - related workshops. We have workshops on business law, we have workshops on business insurance, we have QuickBooks workshops, we have Section III workshops, we have MBE workshops for minority business enterprise to help businesses get certified. And we have several more you can see on the list. The entrepreneur school is one of the main focuses of our Page 160 April 24, 2012 business development center. There is a six -week course, which I teach, which provides the new participants who want to open a business -- I call it business boot camp. We try to introduce the concept to them of what opening a new business entails. After the six weeks, several people say they're not ready. Some of them proceed into the program. But I always tell them that it's better to know now than later whether or not you're ready because you don't expend that money. And some of them who have told me they're not ready at the beginning, they come back when they're ready for the program. The information technology component of the program, thanks to Suncoast Federal Credit Union, they donated 10 computers to the IBDC. Now we have a full functional computer lab which we can provide QuickBooks services and other business - related software training to the businesses in Immokalee. The job creation component of the program is that we provide to assist the businesses in getting certified in Section III certification, disadvantaged business enterprise certification, HUB zone, and PTAC, procurement technical assistance certification. These would get -- these would allow them to get certified, and then they could expand their business to hire more people within the community. Partnerships formed. So far we have formed numerous partnerships with different entities within the community. We formed a partnership with SCORE, we formed a partnership with SBDC at FGCU, we formed a partnership with the National Business Incubator Association. On June 20th we -- on January 20th, sorry, our most prized possession was our partnership with the United States Small Business Association. The district director came to our office, and he signed a partnership agreement with us whereby now we are partners with them. We are on their website where -- if a business goes onto their website, they have the Immokalee Business Development Center as an Page 161 April 24, 2012 entity that provides business technical support in the Immokalee area. Accomplishments to date. To date we have created and extended 10 new businesses, we graduated three classes from the entrepreneurial school, we trained more than 140 individuals and workshops, we assisted three businesses in getting Section III certification, we set up a training computer lab within the IBDC facility, and currently we're working with 10 participants in the IBDC program. So this grant will allow us to continue the services that we're giving to the Immokalee community. COMMISSIONER HILLER: Thank you very much for your presentation. It's really great to see all the work you're doing. CHAIRMAN COYLE: Commissioner? COMMISSIONER HILLER: I'm sorry, I had asked the question. That's what she was responding to. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: So I just wanted to finish my question. CHAIRMAN COYLE: Is there another question? COMMISSIONER HILLER: Well, it's part of it. I understand the programs that you're going to be developing. The funding that you're receiving is going to pay for the salaries and the rent for the facilities so you can do this; is that correct? Is that what the CDBG funds are for? MS. CAPITA: The funding will be used to pay -- the bulk of the funding will pay salaries for myself and my assistant -- COMMISSIONER HILLER: Okay. MS. CAPITA: -- and then -- COMMISSIONER HILLER: The rent. MS. CAPITA: -- and then it will be rent, it will be other contractual services, because sometimes when we have workshops, if I don't do the workshop personally, the individual who does the workshops charges a fee. Page 162 April 24, 2012 COMMISSIONER HILLER: Sure. No, that makes perfect sense. And the reason I'm asking is because I just want to clarify where the CRA monies are going versus where you're pulling CDBG monies. MS. CAPITA: If I could -- COMMISSIONER HILLER: And I just want to make sure because -- is this a source of funding that's new to us and, as a result, are we freeing up CRA monies to be allocated in a different way? MS. PHILLIPPI: I can answer that. COMMISSIONER HILLER: Do you see where I'm coming from? MS. PHILLIPPI: We haven't to date expended CRA funds unless it was something that a grant wouldn't pay for. The Immokalee Business Development Center has been funded completely by -- COMMISSIONER HILLER: Grants. MS. PHILLIPPI: -- grants. We do keep some funds in our Fund 186 in case something should happen. For example, any -- initially, lunches or meals at meetings wasn't covered or something like that, so we would pick that up with Fund 186. COMMISSIONER HILLER: And the rent for the facility was always intended to be paid for by CDBG funds, not by the CRA funds? MS. PHILLIPPI: The CRA pays for its rent. The grant only pays for the space that they utilize, because they do have a classroom and lab and two office spaces. COMMISSIONER HILLER: So that facility -- that office is actually divided between the CRA office and the business development office -- MS. PHILLIPPI: Right. COMMISSIONER HILLER: -- with the business development office being supported by this grant? MS. PHILLIPPI: Exactly. COMMISSIONER HILLER: But it's all under the same lease? Page 163 April 24, 2012 MS. PHILLIPPI: Correct. COMMISSIONER HILLER: So the payment is being bifurcated? Okay, that's what -- that was the clarification I wanted. I just was hoping that there was -- somehow that -- you know, that you had gotten some new money and that was going to free up some CRA money, but -- so I was going to ask -- my next question was going to be where was that going to go. But, no, it's great. I mean, I think it's wonderful that you're applying for this. MS. PHILLIPPI: Thank you. CHAIRMAN COYLE: Okay. Commissioner Coletta. COMMISSIONER COLETTA: Penny, kudos to you for pulling all these things off. But going back to the actual money that you collect as the CRA from taxes, how much is that in a year? MS. PHILLIPPI: I believe it was 430,000 last year, more or less. COMMISSIONER COLETTA: And so -- and how much money have you pulled down in grants to be able to enable you to do all these different programs? MS. PHILLIPPI: I think we're walking up to about $8 million right now. COMMISSIONER HILLER: Eight million? COMMISSIONER COLETTA: I'm glad you're working for us and not somebody else. It's truly remarkable. Tell me, the program that we're talking about at the moment regarding the further education of future business owners, what is the geographic location, I mean, as far as what area do you draw from? Just from the Immokalee area or -- MS. PHILLIPPI: Predominantly. We would say -- this is a federal grant. We can't discriminate against anyone. COMMISSIONER COLETTA: So if somebody from Golden Gate Estates had an interest in starting a business -- I'll tell you where I'm going with this. There's limited resources in the rest of the county Page 164 April 24, 2012 right now with the demise of the EDC back about a year ago. We've been trying hard to fill that gap, and we've been less than successful. There was a big meeting yesterday. There's a tremendous amount within the community to be able to move to the next step; however, with that said, Leo, what would you say, we're probably a good year out before we have another group that will be able to serve like an Economic Development Council? MR. OCHS: I would say six months at least, sir, until the private sector kind of gets their act together. COMMISSIONER COLETTA: Right. But meanwhile in Immokalee we already have together the forces to make these things happen, and I just want you to know how much I appreciate the fact that you're there and that your staff s there to make this all happen. MS. PHILLIPPI: Thank you. COMMISSIONER COLETTA: It's made a big difference in a lot of people's lives. MS. PHILLIPPI: Thank you. CHAIRMAN COYLE: Okay. Commissioner Henning, you did have a motion, didn't you -- COMMISSIONER HENNING: I did. Are we acting as the CRA? CHAIRMAN COYLE: -- for approval? CRA, I'm sorry. Commissioner Fiala -- COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: Is that -- and what does the EDC have to do with this item? Nothing, yeah. That's why it takes us so long to get these meetings done. CHAIRMAN FIALA: So do we have a motion on the floor and a second? COMMISSIONER HENNING: Yes, we do. CHAIRMAN FIALA: Okay. All in favor, signify by saying aye. COMMISSIONER HILLER: Aye. Page 165 April 24, 2012 CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) COMMISSIONER HENNING: Thank you Commissioner Fiala. MS. PHILLIPPI: Thank you. CHAIRMAN FIALA: CRA meeting has ended and back to the regular Board of County Commissioners meeting. CHAIRMAN COYLE: Okay. Now we'll get this thing moving along here. Okay. Where do we go now, County Manager? Item #1 I B RECOMMENDATION TO APPROVE NEIGHBORHOOD STABILIZATION PROGRAM DEVELOPER AGREEMENTS WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THEREBY TRANSFERRING OWNERSHIP IN REAL PROPERTY AND PROVIDING ACCESS TO $394959749 IN FEDERAL GRANT FUNDING — MOTION TO APPROVE W /CHANGES — FAILED; MOTION TO APPROVE OPTION #1 AS OUTLINED IN THE BOARD'S EXECUTIVE SUMMARY AND WITH STAFF RECOMMENDATIONS — APPROVED MR. OCHS: We go to Item 11B, Mr. Chairman. It's a recommendation to approve Neighborhood Stabilization Program Developer Agreements with Habitat for Humanity of Collier County, Incorporated, thereby transferring ownership in real property and providing access to $3,495,749 in federal grant funding. Ms. Kim Grant, your interim director for housing, human, and Page 166 April 24, 2012 veteran services, will present. CHAIRMAN COYLE: Okay. Now, we've done this about three or four times already. Can you just tell us the final agreement that you've worked up to meet the requirements for the housing categories that were discussed last time? MS. GRANT: Yes. We did work it up pursuant to the board's direction. I do have one related modification to that, but it -- when you're ready, I would read it into the record, but let me just show you real briefly what that is, and it's -- CHAIRMAN COYLE: It's probably not going to do much good to do that unless we have three commissioners minimum here. MS. GRANT: Okay. And Commissioner Fiala is not here. She was the one who wants to do this. So without her here, there's no point in going through it. MR. KLATZKOW: There's also no quorum. CHAIRMAN COYLE: Yep. All in favor, please signify by saying aye. MS. GRANT: Aye. CHAIRMAN COYLE: Aye, okay. MR. OCHS: Crystal, aye? COMMISSIONER COLETTA: Take a break. CHAIRMAN COYLE: We're going to take a break until we can get these commissioners back under control. MR. OCHS: Five minutes, 10 minutes? CHAIRMAN COYLE: Five minutes. We'll be back here at -- COMMISSIONER COLETTA: Ten minutes from now. CHAIRMAN COYLE: -- 3:45. (A brief recess was had.) MR. OCHS: We have a live mike. CHAIRMAN COYLE: We've got a live mike. So the next item, go ahead. Page 167 April 24, 2012 MR. OCHS: Well, we were just in the process of beginning the presentation on I I B when we broke. COMMISSIONER COLETTA: When everybody walked out of the room. We're all -- we've got three of us here now. MR. OCHS : Yeah, we're ready to keep going. COMMISSIONER COLETTA: And I guess Commissioner Coyle's last comments were this is what we heard before. What is different this time? MS. GRANT: Okay. There is, I don't think, anything different. But what I have up on -- this is Kim Grant, for the record. COMMISSIONER HENNING: Was there a motion on the floor? MS. GRANT: What I have up on the presentation -- COMMISSIONER COLETTA: No, not yet. MS. GRANT: -- slide is to confirm for you the stratification of the funds by income category, which was done in response to the last board meeting. There was one thing that, if the board is in agreement, I will need to read into the record concerning this. From a practical standpoint, it is unlikely when Habitat is out purchasing homes that they're going to add up to these exact dollar amounts. So what staff is recommending is that we allow for a 25- percent (sic) window, if you will, plus or minus -- MR. OCHS : Twenty -five thousand, not percent, not a percent. MS. GRANT: Did I say percent? Pardon me -- $25,000 plus or minus each of the income categories to provide for reasonableness in the actual prices of the homes; otherwise, we are exactly on point with what the board had asked us to bring back. If the board is ready, I will just read those changes into the record. NSP -- COMMISSIONER COLETTA: Why don't we go with that, Commissioner Hiller, then come right back to you, and you'll be first. Page 168 April 24, 2012 COMMISSIONER HILLER: Thank you. MR. GRANT: For NSP 3 -- we actually have a couple of very minor changes on NSP 1 also. For NSP 3, Page 43, Exhibit B, should read, developer has the authority to reallocate $25,000 per income category but shall not expend less than the low income set -aside allocation of $971,042. That is a requirement of the program. Should the developer determine that the reallocation is necessary -- and, once again, this is just to deal with the minor various -- you know, variances in home prices -- a prior notification and written approval shall be duly signed by the developer and the director of HHVS, so it will be a prior notification. Reallocations above $25,000 between the income categories will require prior grantee approval. And what that means is we'll be coming back to the board. This language appeared in multiple locations in the agreement. So it also applies to Pages 3, Section II(A)(2); Page 5, Section II(E)(1); and Page 9, Section V(A). And very briefly on NSP 1, on Page 17, the second bullet point should read, whose income "does not exceed" instead of "do not exceed," and on Page 41 under budget it should read shall be $231,000 and zero dollars. And with that, I'll be happy to take any further questions. MR. OCHS: Go back to the other slide. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you very much. Kim, thank you for doing all this work and trying to come up with an exit strategy. I'm going to go back to what I have said at the previous meetings. You know, a statement was made at the previous meetings that there is no money in this for any other developer. And, quite frankly, that isn't so, because as you can see from the graph that you've put up, there is a 10 percent developer fee, which is a very hefty fee for any developer. Page 169 April 24, 2012 So, again, I go back, that from a public policy standpoint not to put this out for competitive bid remains a -- really, again, a bad decision from a public policy standpoint. The second issue is the fact that we remain in the business of construction and construction review, notwithstanding the fact that Habitat would now be overseeing this. Our liability remains the same, and now we are one step removed from the contractors and how this money is going to be spent. We're not good at it, which is why we had made the decision as a board not to be in the acquisition and renovation of housing business. We can help Habitat, and we can also stimulate demand in the community by taking these monies and shifting these monies to down payment assistance. Lee County has a very effective program. COMMISSIONER FIALA: I was going to say that. COMMISSIONER HILLER: Oh, well, you're smart. Lee County has a very effective program. They are actually providing 40 percent down payment assistance on the homes that they have for sale, and they're selling them very, very quickly and successfully, and that's exactly what this money is intended to do. It's all about getting those houses sold. Putting more houses up for sale isn't going to help us. We have an oversupply. We need to help people get in those homes. Now, as far as lending institutions out there, there are a lot of highly - qualified lending institutions that really want to participate in these programs. Wells Fargo is one, SunTrust is another. They're working very successfully with other jurisdictions that are using NSP funding for down payment assistance. They can be used to assist with the acquisition of Habitat homes. We don't need to be doing this. This is the wrong strategy. The county continues to get its administration, your staff continues to be supported with NSP dollars to administer this program. So you guys are not out the support for your staff, and it's a win -win all around. Page 170 Apri124, 2012 Giving almost $4 million to Habitat to acquire and rehab more homes does not achieve the end we're looking to achieve, which is to put families in homes. The quickest way we can do that is with down payment assistance. And I propose that we do that not only for this $3.9 million, but also with respect to the homes that we own, because the same developer fee applies, that we go ahead and we provide down payment assistance on those homes that we have to liquidate them, and we will liquidate them very quickly with a 40 percent down payment, you know, assistance program. Like I said, Lee County is doing it and they're very successful. The banks really want to participate, and I'm talking about big banks, and everybody benefits. Habitat will benefit. The community will benefit. We will get unsold homes off. And so I make a motion that we adopt that as our exit strategy and not accept your proposal here today, notwithstanding that I really appreciate all the work you've done to bring this forward. So that's my motion. COMMISSIONER FIALA: I'll second that motion. And it's interesting, because I hadn't thought of all of those things. What I was thinking of -- if I may, I'll take my turn now. I'm the only one that has a button on now. And I was thinking of using those dollars, but I like that idea, too. For young -- young families right now who -- teachers and, you know, the people we've been talking about, and firemen and policemen and so forth, techs at the hospital, you know, all of those who've had so many problems because of the economy that they're almost losing their house or they're being foreclosed upon if they can't come up with the money to salvage their own homes that they're in but they're going to be kicked out. And I thought, we should be helping those people stay in. And if we could take this money to actually help them -- Page 171 April 24, 2012 COMMISSIONER HILLER: That's a brilliant idea. COMMISSIONER FIALA: -- get settled and, you know, cover those costs, they don't even have to be removed from their homes. They can still have their homes and get on the right side of things. I would love to see something going like that as well. And right now -- just a side question. Right now, when we give any of these homes to Habitat or whomever, it doesn't make any different -- SHIP has always been -- or we, the taxpayers, have always been providing $20,000 down payment assistance. Are we still going to do that as well? So we give them the homes and the $20,000 on each home? MS. GRANT: SHIP funds are available for any qualified purchaser, yes, and are -- per the board direction fairly recently, the amounts are up to $25,000. COMMISSIONER FIALA: So -- see, so that would -- that's another thing. It would -- you know, the taxpayers would have to deal with, whereas, if we could give this money to people -- and I love your idea about, you know, letting people who haven't been able to buy a home buy some of these things, we give them down payment assistance, then they find the money to fix it up. We won't have to do that. COMMISSIONER HILLER: That's right. COMMISSIONER FIALA: You know, they have to do that themselves, but it will -- you know, if people work hard for something, they have their own sweat equity in it, and they will feel better about it, and all we do is give them a helping hand there. So -- CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HILLER: No, I agree. COMMISSIONER HENNING: Okay. Would you consider modifying your motion? COMMISSIONER HILLER: How? COMMISSIONER HENNING: Well, the NSP 2 money, did -- Page 172 April 24, 2012 we settled those, right? Or the NSP 2 -- the houses and the monies? MS. GRANT: We have two programs, NSP 1 and 3. And the -- COMMISSIONER HENNING: One and three, okay. Number 1, has the board already allocated? MS. GRANT: Today before you are development agreements for both. I think most of our discussion is on 3. I'm assuming there are not issues with 1. So if this motion passes, then 1 will be done, and we will start that transfer. COMMISSIONER HILLER: But -- COMMISSIONER HENNING: I'm not done yet. You had plenty of time to talk. COMMISSIONER HILLER: Go ahead. I know. COMMISSIONER HENNING: Now, the NSP 1, that has to deal with the homes that we have in inventory. MS. GRANT: That's correct. COMMISSIONER HENNING: So why can't we use -- still let Habitat do the management of it but use some of the monies -- like you're talking about, is down payment assistance -- for the targeted homes? You have -- let's see. I mean, you've got a category -- the highest category here is 51 to 80 percentile. We can give directions to use a portion of that money for that down payment assistance for those houses. COMMISSIONER HILLER: For on those 50 homes. Yeah. Can you do me a favor? And I'll consider modifying my motion. CHAIRMAN COYLE: Wait a minute. Commissioner Henning still has the floor. COMMISSIONER HILLER: I wanted to be responsive. CHAIRMAN COYLE: Unless he's finished. Are you finished? COMMISSIONER HENNING: Yeah, I guess I am. COMMISSIONER HILLER: Can I talk to Commissioner Henning? CHAIRMAN COYLE: Go ahead. Page 173 April 24, 2012 COMMISSIONER HILLER: Commissioner Henning, I would like to consider your idea and consider modifying my motion, but I want all the information on NSP 3 in the same format that you have here so we know exactly what we're talking about in terms of the dollars for NSP -- I'm sorry -- for NSP 1. MS. GRANT: For NSP 1, the only dollars involved are the developer fee dollars. There's no money going for rehabilitation, so it's essentially a transfer of the property, and then the developer fee. COMMISSIONER HILLER: And which is? MS. GRANT: The developer fee is -- yeah, we've negotiated different developer fees for the two different programs. And I realize you're kind of in the middle of setting a motion here. I would really like -- if you want to hear about developer fees, I'd like to talk to you a little bit about how we established them, but that's up to you if you want to hear it. COMMISSIONER HILLER: What's the developer fee for NSP I? MS. GRANT: The short answer is, the developer fee for NSP 1 is $5,500 per property, and the developer fee proposed and negotiated with Habitat for NSP 3 is $10,000 per property. COMMISSIONER HILLER: Okay. The NS -- the NS -- the developer fee for Habitat -- well, NSP 3 is off the table because we're proposing something completely different. So for NSP 1, which is strictly the houses, what is the value of the assets that Habitat would be selling? MS. GRANT: It's a -- let me just double- check. It's about 2.7 million? Yeah, it's approximately $2.7 million. COMMISSIONER HILLER: Two point seven million as a value of the houses that we are assigning over to them? MS. GRANT: The houses and the properties that are in the land bank, so the undeveloped properties and the homes, that is correct. COMMISSIONER HILLER: And how is that 2.7 million determined? Page 174 April 24, 2012 MS. GRANT: Did we use the purchase price? Yeah, that figure is the accumulated purchase price. It's not a current appraisal. COMMISSIONER HILLER: Okay. And what is the total developer fee that's estimated on those properties? MS. GRANT: For NSP I. it's $231,000. COMMISSIONER HILLER: Okay. MS. GRANT: So -- and the idea there is 4,200 -- or the math works out -- not 4,200 -- 42 parcels times 5,500. COMMISSIONER HILLER: Okay. So basically what would happen is if we transferred those properties over, they would get a developer fee of 231,000, and then Commissioner Henning's recommendation is that we use part of the NSP 3 as down payment assistance towards the sale of those properties, with the balance of the NSP 3 funds used towards down payment assistance for any qualified buyer in the NSP program who is looking to buy an affordable home. So, Commissioner Henning, how much were you thinking of putting towards assisting the -- with the purchase of county homes? COMMISSIONER HENNING: Up to 40 percent. COMMISSIONER HILLER: Okay. That's fine. COMMISSIONER HENNING: Up to 40 percent of the -- assist in down payment. I mean, if it's working in -- and I'm taking your word for it. COMMISSIONER HILLER: Yeah. COMMISSIONER HENNING: It's working in Lee County; why not use it in Collier County? COMMISSIONER HILLER: Right. COMMISSIONER HENNING: And up to $400,000 of NSP 3 money to accomplish that. COMMISSIONER HILLER: Okay. So I think that's a great -- I'll modify my proposal that, with respect to NSP that the homes be transferred to Habitat to allow them to sell those homes. In exchange, they will receive 5,500 per house or lot that they sell, and that we will Page 175 April 24, 2012 make available towards the sale of those properties up to 400,000 in NSP 3 funds to provide up to 40 percent in down payment assistance to qualified buyers on those properties. COMMISSIONER HENNING: I'll tell you, you can do a motion a lot cleaner if you just accept staff s recommendations with this modification of using up to $400,000 of NSP 3 funds for 40 percent down payment. COMMISSIONER HILLER: For NSP 1. We're talking NSP 1, because NSP 1 are the houses that we're transferring to them. COMMISSIONER HENNING: Well, that's correct, but what's wrong with not using it -- why shouldn't we be using it for NSP 3? COMMISSIONER HILLER: No. What we're doing is we're using the -- we're using 400,000 of the 3.9 million as down payment assistance. This is -- I'm going to make my motion in two phases, or two parts, Part A being NSP 1 and Part 2 being NSP 3. So with respect to NSP 1, which is the transfer of the houses, we are transferring those houses to Habitat, allowing them, you know, 5,500 as a developer fee on the sale of those properties each, which amounts to $231,000 because there are 42 properties, and then allocating 400,000 of NSP 3 dollars to help finance the sale of those county homes through down payment assistance up to 40 percent. And then Part B is, as far as the NSP 3 funds, to do what Commissioner Fiala and I have suggested which is -- which you seem to support, which is down payment assistance of up to 40 percent to income - qualified buyers of affordable homes in Collier County, and that would be administered through the county, not through Habitat. This has nothing to do with Habitat. Because, remember, the county is getting $388,000 as an administration fee. And, essentially, what happens is, it goes out to the banks, you let the banks know, you let all the brokers know, and when they sell properties, they bring buyers in and they qualify for the loans, and the banks provide the mortgage. Page 176 April 24, 2012 COMMISSIONER FIALA: Could I ask two questions on that proposal? CHAIRMAN COYLE: Wait a minute. You've got some people ahead of you. COMMISSIONER FIALA: Well, it's -- CHAIRMAN COYLE: Commissioner Henning, are you finished? COMMISSIONER HENNING: Yeah, thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, thank you. COMMISSIONER FIALA: Okay. COMMISSIONER COLETTA: If I could, Habitat, if you could come up, I -- I don't see any flaw in what Commissioner Henning is proposing. The only thing is -- I'm sorry, you do, huh? MS. GRANT: At some point when it's appropriate, I feel it important to inform the board about a few items that might help their decision, but I'll let you let me know when that's appropriate. COMMISSIONER COLETTA: Well, I tell you what, I'm still trying to form my opinion, so tell me -- now's the appropriate time. MS. GRANT: Okay. Thank you for the opportunity to talk a little bit about down payment assistance. First of all, let me talk a little bit about Lee County. Lee County's approach, as has been characterized here, for down payment assistance was in concert with properties that they purchased and rehabilitated. That model is virtually identical to the one that Collier County has been running for quite some time. And we've been leaving up to 30 percent in the homes, depending on the math for a particular individual. Now, staff feels very strongly that we would advise against -- and I think in this case we'd have to call it sort of a stand -alone down payment assistance program, and even if it's not stand -alone -- so if I could just explain to you a little bit of what we found out and why we Page 177 April 24, 2012 would feel that way. I'm going to go back to the tenets of the entire exit strategy. What we were asked to bring back was a strategy that allowed us to exit NSP. One of the components that you've heard us talk a lot about as we've had all these conversations is something called program income. By selecting a developer -- doesn't have to be Habitat -- to take these funds and manage them through to completion, Collier County stops program income. Now, why is that important or why am I coming back on that? Because program -- the way NSP was generated -- and many programs are created -- are that we essentially recycle funds through. So we go out, we buy a house, we sell it, we take that money back, we buy another house, et cetera. Frankly, one of the incredible challenges for staff has been trying to come up with an exit strategy that would achieve what we heard is the original objective, which is to exit the program. Going into a down payment assistance strategy keeps us in the business forever because the second mortgage that's associated with the down payment assistance would need to be met -- monitored forever. And if anybody repaid for any reason, that money comes back in, and we'd be back here before you, or whatever commission is at the time, trying to figure out how we're going to reallocate those funds. That's one of the main reasons that we do not suggest this. Also, even though it might sound simple on the surface -- and I've struggled over how I was going to say this. Even though it might sound simple on the surface to do a down payment assistance program, especially because we do one with SHIP and we have some familiarity, I'd like to let the board know that any one of these things that we do that we haven't done before represents a start -up program, and that's very risky. And in my opinion, we're not in a position to take on too much more risk. It's risky -- for example, when we were doing research for this Page 178 April 24, 2012 paper, we actually found conflicting HUD guidance, much like what we've had to do to prepare the strategy to bring it forth to you today; we've spent hundreds of hours, we've spent a lot of time with HUD. We spent time with HUD TA's, et cetera, trying to make sure we could bring to you something clean and compliant and that would achieve your objectives. We're very concerned about down payment assistance, unless we want to go back to our old model and keep the money here and do our own acquisition rehab. COMMISSIONER HILLER: Yeah, we don't -- that's not true. CHAIRMAN COYLE: Just let her -- MS. GRANT: The other considerations for you -- and, once again, I'm laying out the considerations, okay. The individuals who would be looking to come through the program would have to be in eligible locations. Now, the idea of partnering with Habitat, we know we've got that covered. The property would have to be eligible. We've got that covered. So the big issues are that it's risky because it would be a start-up and a new program. It would also take us some time to get that going, and we'd be back in the program- income business forever, and that was a very, very, very important component that staff was able to bring to you to achieve your original objective of exiting the program. So I just wanted to let you know what staff has found for your consideration. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Okay. CHAIRMAN COYLE: Commissioner -- COMMISSIONER COLETTA: I think I'm still up, if I may. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER COLETTA: Okay. So I understand what you're saying, what you're saying is is that if we want to go with this particular plan, we have to be resolved with the fact that we're not Page 179 April 24, 2012 getting out of the business, that we're going to stay into it, which maybe at that limited point it's not a bad idea. I mean, I don't know. Maybe my fellow commissioners might want to express an opinion on that. It might be a little early, but let me -- I'd like to go to Habitat, if I could, and just talk to them about the discussions that's taking place. Very good to see you today. MR. KOULOHERAS: It's nice to see you, Commissioner. COMMISSIONER COLETTA: Yeah. You heard the discussion that's taking place. Can you give us some guidance, please? MR. KOULOHERAS : Sure. Nick Kouloheras with Habitat for Humanity, and Lisa Lefkow. You know, we're in favor of down payment assistance as well. It helps Habitat families, it helps non - Habitat families. In fact, I was at a NABOR meeting the other day, and I was telling them about the SHIP program in more detail. We agree completely with Kim. And as we've been talking about program income since December, we said, how do we get the county out of a position of monitoring program income for eternity? Because the way it would work -- we'll use Habitat as the example, we -- our applicant gets some dollar amount in down payment assistance through NSP. That applicant, sometime down the road, sells their house. That money is reserved through a second mortgage. It goes right back to Collier County, and Collier County has to come right back to determine what are we going to do with that money. So although we're in favor for down payment assistance as a whole because we agree with you, it helps stimulate the market on the purchase side, for this particular situation it's a lot more complicated than the SHIP program. So I don't know -- COMMISSIONER COLETTA: Okay. Thank you. CHAIRMAN COYLE: Leo, how many times have we done this, have we gone through this? .l April 24, 2012 MR. OCHS : I think this is our third trip to the board on this, Commissioner. CHAIRMAN COYLE: Yeah. MR. OCHS : Again, as Kim said, we were working under the initial direction of trying to exit the program without having to continue to monitor this residual program income, and this was a strategy that we had vetted with the board a couple of different times. And, quite frankly, if it's the will of the board to modify it, I'm going to recommend that we step back, and we're going to have to rework some of the agreements and documents and schedule this for another board hearing. CHAIRMAN COYLE: Yeah. You see what's happening here? MR. OCHS: And the clock's running all the time on this. CHAIRMAN COYLE: Yes, I understand, and there's a deadline as to expenditure of some of those funds. What's happening here is that every time you come in with a set of recommendations, we change the ground rules. And so you come in with another set of recommendations, and we change the ground rules. Now, we do this over and over and over again, and every time we do it we lose two weeks every time, maybe longer. And that's where you're headed again. In fact, this time you'll have to come in and rework this whole thing. So we're going to a point where no decision is going to be made, and there are going to be serious consequences as a result of that. The idea that down payment assistance is the salvation to this problem is -- simply doesn't recognize the fact that when you're dealing with low- income people who cannot make the standard down payment on a house and who don't earn enough -- a lot of money in the first place, the first blip they have, like the loss of a job, means they're going to lose that house probably. Page 181 April 24, 2012 And when you lose the house -- we've seen what happens when you walk away from a house -- you don't have that much in it -- it becomes another blighted house in the neighborhood. And guess who has the responsibility then for getting it cleaned up. You don't always get that down payment money back. It depends on the value of the house at the time it's repossessed by the bank. So it is a complicated process, and nobody can forecast where it's going to lead you. So if we don't get to a decision pretty quickly and stop running this process around and around and around, then we're wasting your time, we're wasting Habitat's time, and we may as well just send the money back to the government and say, guys, we don't want any more, we can't administer it, and then concentrate only on getting out from under the ones that we have bought. And I am just amazed that this board cannot make a decision on these issues, that we continually go through this process over and over and over again finding we need to do studying again and reformulate the recommendations, because it's never going to end. Okay. MR.00HS: Commissioner? CHAIRMAN COYLE: Yes. MR. OCHS: May I ask Buddy Ramsey to just come up for one quick minute to make a distinction between -- just so that everyone on the board understands the distinction between the down payment assistance offered through the SHIP program versus the NSP 3 program? Because there are some subtle but important distinctions, and I don't want those lost on the board. Buddy? MR. RAMSEY: Thank you, sir. Frank -- or Buddy Ramsey for the record. Under the NSP 3 program, home -- homebuyers receiving assistance would be subject to the affordability requirements of the program. And what I mean by that is, based on the amount of funds invested, the home must remain affordable for a certain period of time, Page 182 April 24, 2012 likely 15 years. And how the county has chosen to enforce the affordability requirements is by limiting the appreciation that the client can earn on the home if and when the market were to improve. Furthermore, as has been stated, the NSP properties would have to be located in the approved target areas. Alternatively, under the SHIP program, there is no requirement that we limit the appreciation. So the client would benefit if the market were to improve and they were assisted by SHIP. And, additionally, under SHIP there's no requirement that the property be located in specific areas of the county and can be purchased anywhere in the county. And finally, under SHIP, the program -- under the SHIP program, the house would not have to have been foreclosed, vacant, or abandoned to be eligible. It could be any property for sale in Collier County. MR. OCHS: Commissioners, my only point is, you know, if you're a buyer and you have those two options, you're more likely to take the more flexible option if you can do it. If you -- if we're going to use down payment assistance with NSP funds, it still has to be homes that are limited in certain catchment areas identified in the plan. That doesn't mean it's impossible. I just wanted to draw the distinction so you could -- if you're a buyer, you're most likely to take advantage of our existing SHIP down payment assistance program, which we just upped the limits because we haven't been able to get enough buyers to take, and we're up against a spend -down deadline on that as well. CHAIRMAN COYLE: Okay. Well, why don't we bring this to a conclusion. If it's the desire of the majority of the board to do this over again, let's do it over again. If it's the desire of the board to approve your current recommendations, let's get it done, and let's Page 183 April 24, 2012 move on. COMMISSIONER HILLER: There's a motion on the table. COMMISSIONER FIALA: You never even allowed me to ask my questions. CHAIRMAN COYLE: Well, I'm getting to the point now. So you're next, and then Commissioner Hiller. COMMISSIONER FIALA: I hate to ask you to go back to what we were talking about 20 minutes ago -- and you were talking about down payment assistance, and all I wanted to know was if we provided down payment assistance at $40,000, do they also get the $20,000, so that's actually $60,000 down payment; two different funds, right? MS. GRANT: Let me make sure I understand the question. So if we were to choose to offer $40,000 of NSP down payment assistance money, would they also be eligible to apply for SHIP? I'm pretty sure the answer is yes, but let me just double- check. COMMISSIONER FIALA: Yep. MS. GRANT: Does anybody see a problem with that? CHAIRMAN COYLE: You're talking about $40,000 or 40 percent of the down payment? COMMISSIONER FIALA: No, $40,000. COMMISSIONER HILLER: Forty percent. MS. GRANT: It would be allowable. We'd have to look at our plans and make sure we had all the right numbers and so forth. It might have to come back for a vote but, yes, it would be allowable. COMMISSIONER FIALA: Well, I was just wondering because, you know, that's an awful lot of money. And I mean -- as it is, and I don't think many people realize for Habitat, for instance, we always give them $20,000 down payment assistance out of the SHIP funds. So that's something. This is -- we upped it. We used to have it that way, then it went down with all the economy, then it went back up again. 99 =. m April 24, 2012 MS. GRANT: That's correct. COMMISSIONER FIALA: So I understand that. Also what I was really talking about was assistance in foreclosure prevention, helping people who are about to lose their home, but middle -class people who have been working and who, for one reason or another, maybe their job closed down or maybe they were cut back to 20 hours a week to keep them on so they still have a job, but until the business recovered, their money had been reduced a great deal. I'm just talking about down payment assistance to try and keep them in their house. They've been paying taxes. That's something we don't get from a lot of the very -low- income housing, and I'm sure you know that. And now they need assistance. They've been paying taxes. I think that they should get our assistance. And now, instead, we're going to be creating more low- income housing instead of helping these people out of a jam. COMMISSIONER HILLER: Right. COMMISSIONER FIALA: And -- we have a lot of empty land there and money to go for more is what I'm talking about, Leo. I saw you moving in your chair. I have so many notes here, and I'm afraid I can't read them all. One of them is we -- when we first started all this affordable housing and requirements and so forth, at that time we were talking about workforce housing, we were talking about helping young people who are in bright jobs, you know, and have had some type of an education and helping them to establish a place to raise their children and so forth, but we got into the low- and very- low - income housing instead. We don't seem to be building anything above that, and -- and those people that we were going to build it for don't even qualify for any of this low income, so they go without. And I've talked to a couple friends of mine who have children, who are educated children, but they can't even afford to buy a home because everything is out of their range because they're just -- they Page 185 April 24, 2012 make just a little bit too much money as a fireman or a nurse or something like that. And so I think we've lost sight of trying to help all people, and I think we should be a lot more flexible so that we don't only help low income and don't build for anybody else. We should be making this a well - balanced decision. So those are the things I had to say. CHAIRMAN COYLE: Okay. Is there a motion to do something? COMMISSIONER HILLER: I did. COMMISSIONER HENNING: There is, a motion and second. CHAIRMAN COYLE: Yeah, but it doesn't comport with what each of the commissioners is saying they want to do. COMMISSIONER HILLER: No. There's a motion. COMMISSIONER HENNING: Well let's just vote on the motion. COMMISSIONER HILLER: There's a second, and I incorporated -- CHAIRMAN COYLE: Repeat the motion, Commissioner Hiller. COMMISSIONER HILLER: Okay. I'm going to repeat the motion. Number 1, with respect to the NSP 1 program, that we transfer the county properties, of which there are 42, to Habitat for them to sell, that Habitat receive a developer fee equal to 5,500 per property that they sell, and that in order to assist Habitat with the sale of these properties, that we will allocate 400,000 of NSP 3 funds out of the total NSP 3 budget of 3.9 million which can go towards down payment assistance of up to 40 percent per house. And if you want, Commissioner Fiala, what we can do is we can say that if other funds are available, like SHIP, that it would be a combination of NSP and /or SHIP up to 40 percent so it doesn't become, like 60 percent, then -- because what can happen is once we use up all the SHIP monies then they can get up to 40 percent of NSP 3. So that would take care of the NSP 1 program. 1 -I i t April 24, 2012 With respect to the NSP 3 program, we would do down payment assistance of up to 40 percent, again, and that would be NSP 3 plus SHIP or just NSP 3 if, you know, they don't qualify for SHIP or if SHIP is used up, and that that assistance would not only be targeted to the income - qualified per the NSP 3 program which is, you know, up to the median income of 120 -- 120 percent of median, but would -- that we would, as staff, do everything we can to promote assisting with down payment assistance of individuals who own homes that are looking to restructure their debt so that they can stay in their homes by adding down payment assistance where we can provide that kind of help to enable them to have smaller mortgage payments and, therefore, be able to stay in their homes. COMMISSIONER FIALA: Yes. You don't really mean foreclosure. I mean, you don't really mean down payment; you mean, like, foreclosure prevention or something? COMMISSIONER HILLER: Right, exactly. And, basically, what would happen is if you have someone who is in a position of being foreclosed on and the bank is willing to restructure their debt, by providing that down payment assistance, if NSP will allow for that, they're basically able to reduce their monthly mortgage payment because more money has been put down towards paying off that mortgage, which is what you're intending to accomplish. COMMISSIONER FIALA: I'm trying to help the middle guy, too, because -- COMMISSIONER HILLER: Right, you're absolutely right. COMMISSIONER FIALA: And with very every low income, we still have to pay for their healthcare, we still have to pay for their food stamps, we still have to pay for their down payment assistance. It really -- COMMISSIONER HILLER: Your recommendation is a very good one, and basically that's the motion. So by doing that you are stimulating -- well, I'm sorry, but there's a lot to this issue, okay, so it's Page 187 April 24, 2012 a big motion. COMMISSIONER FIALA: Plus the taxpayers -- COMMISSIONER HILLER: I'm sorry. You can laugh all you like, but you've got people who need a lot of help. I mean, I've got journalists at the Naples Daily News who make $50,000 and, you know, are supporting a family on that, or $70,000 and supporting a family of four on that. They are well qualified, they have a good job, but it's very difficult for them to save. And this is exactly the kind of person we're targeting -- CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: -- you know. COMMISSIONER COLETTA: My turn. COMMISSIONER HILLER: And by the way -- CHAIRMAN COYLE: Wait a minute. Just a minute. There is no way that anybody in this room understands this motion. Right? COMMISSIONER HILLER: I do. CHAIRMAN COYLE: Do you understand it, Leo? If you do, then you're saddled with it, okay. MR.00HS: No. CHAIRMAN COYLE: I am at a total loss as to how -- COMMISSIONER HILLER: Then why don't I -- let me make -- CHAIRMAN COYLE: When a person is living in a home -- COMMISSIONER HILLER: You don't have to vote for it. CHAIRMAN COYLE: Shh, Commissioner Hiller. COMMISSIONER HILLER: Just vote no. CHAIRMAN COYLE: Commissioner Hiller, we need a motion that makes sense. How is it that a person living in the home who's already purchased the home who gets in financial trouble is going to get out of financial trouble by down payment assistance when there is no down payment because it's already been paid and they've been living in the home all the time? COMMISSIONER HILLER: If -- :: April 24, 2012 CHAIRMAN COYLE: That's -- what you're talking about is giving money to people to help them make their mortgage payments. COMMISSIONER HILLER: No. What you're doing -- CHAIRMAN COYLE: Well, that's what you're doing. COMMISSIONER HILLER: No. What you're doing is you're increasing the amount -- well, you're basically paying down the mortgage and allowing for a re- amortization of the unpaid balance of the loan so as to make it more affordable by reducing the monthly payment, okay. It's as simple as that. COMMISSIONER COLETTA: My turn. COMMISSIONER HILLER: And let me just say this: It would be really nice if NSP funds could be used towards that. It's a very creative idea that Commissioner Fiala came up with. I'm incorporating it into the motion because if it can be done, it should be done. And if it can't be done, it doesn't have to be done. What should be done is that these NSP 3 funds should be used for down payment assistance to assist with the acquisition of properties. We do not need to purchase and redevelop more properties. We need to stimulate demand, not supply, and this is how you do it. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: You know, when I first came here, I asked the question about the windows in this room, if they opened up. And I was told by the county manager they don't. And I says, why? He said, you'll find out. CHAIRMAN COYLE: So nobody can jump out. COMMISSIONER COLETTA: You got it, right. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Now, let me try to simplify this a little bit because, I mean, what we're arguing about is $400,000. We're in danger of losing $3,884,000 that could go to help deserving people in Collier County in some way. We worked on this thing; we reworked it over. Now, you know, April 24, 2012 your motion would make a lot more sense if you broke it down into two pieces. COMMISSIONER HILLER: I was going to suggest that. COMMISSIONER COLETTA: The first part would be to be able to allow that 3,484 -- $3,484,165 would be alotticated (sic) to go to Habitat -- COMMISSIONER HILLER: No. COMMISSIONER COLETTA: -- in the form of, you know, the homes that are there. COMMISSIONER HILLER: No, no. You're confusing the two. COMMISSIONER COLETTA: Let me finish. And then you could separate it out. You can word it however you want. Hopefully within a couple paragraphs, and then the $400,000, which would be the down payment assistance, could be the second thing that we could bring up for discussion. COMMISSIONER HILLER: That's not my motion. COMMISSIONER COLETTA: I know it's not. CHAIRMAN COYLE: Okay. We've got a motion on the table and a second, I believe. Who seconded her -- COMMISSIONER HENNING: Commissioner Fiala. CHAIRMAN COYLE: Commissioner Fiala seconded the motion. Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: (No verbal response.) CHAIRMAN COYLE: Any opposed, by like sign. Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. I'm going to make a motion we -- CHAIRMAN COYLE: Wait a minute, wait a minute. Let me just make sure for the record. The motion failed by a vote of 3-2, with Page 190 April 24, 2012 Commissioners Coyle, Coletta, and Henning voting against. Okay. Commissioner Henning, go ahead. COMMISSIONER HENNING: I make a motion to accept the recommendations and the add -on recommendations. Kim, can you put that up there? MS. GRANT: I sure can. COMMISSIONER HENNING: Just so that we encapsulate those in the motion, which agreement language would change for the NSP 3 program and the NSP 1 program, as presented by Kim Grant. That's my motion. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Okay. CHAIRMAN COYLE: Is there a second? COMMISSIONER COLETTA: Okay. Second the motion, but I'm going to want one time to have it spelled out again exactly the way it was. It sounds like it's everything we need to do to get to where we need to be. COMMISSIONER HENNING: Correct. CHAIRMAN COYLE: Okay. Would you spell it out one more time? COMMISSIONER HENNING: Yeah. It's No. I. waive the informal competitive bid requirements under the Section 5 purchasing policy, authorize the chairman of the board to execute NSP 1, NSP 3 development agreements and direct the county manager and his designee to proceed with conveyance of property associated with NSP 1. Developer agreements to follow the appropriate closing procedures and record statutory deeds, and any and all necessary documents to clear the title for these properties in the public record, and approve necessary administrative budget amendments to realign with the existing budget, appropriate expenditures, categorize (sic), and agreement language as on that screen. That's what it's all about. COMMISSIONER COLETTA: Okay. Second. Page 191 April 24, 2012 CHAIRMAN COYLE: All right. Commissioner Fiala? COMMISSIONER FIALA: Yes. There are -- in Target Area 2 you've got five properties in the East Naples Bayshore /Gateway CRA, and I would ask that the $750,000 that you're going to be using to build housing for up to 120 percent be used on these properties. COMMISSIONER HENNING: We're going to go around this over and over and over. COMMISSIONER FIALA: You bet, because all the concentration is in East Naples, and I've got to -- I've got to protect them, because none of you give a hoot, and we have to live with it. CHAIRMAN COYLE: Commissioner Fiala, that simply isn't true. COMMISSIONER FIALA: Oh, yes, it is. You don't -- you have no idea. CHAIRMAN COYLE: So just calm down, we'll get through it. COMMISSIONER HILLER: Can I make a comment, please? CHAIRMAN COYLE: Just a moment. There is something that Kim is asking to answer a question that Commissioner Fiala had. COMMISSIONER HENNING: I don't have any feelings on this issue. MS. GRANT: I'll let Nick respond to that. MR. KOULOHERAS: Commissioner, Nick Kouloheras, once again. I understand your point completely. Look, I will -- for whatever it's worth, I will give you my word that we will do everything in our power to spend as much of that $75000 if we purchase property -- even if we purchase property in Gateway /Triangle area, that it will go to those people. I cannot sit there and guarantee you. I cannot sit there and put it down in writing, because there's too many unknowns out there. I wish I knew. I don't know what the property costs, I don't know if I can qualify families down in there. I don't know if those families will be qualified by banks. There's -- at this particular moment there's too many Page 192 April 24, 2012 questions. But we will do everything in our power to try to get exactly what you want. That's all I've got. COMMISSIONER FIALA: I believe what you say -- MR. KOULOHERAS : Thank you. COMMISSIONER FIALA: -- but we're trying so desperately to build that area up, not continue with the same 'ole, same 'ole. And that was targeted for our -- well, the CRA wanted to improve that neighborhood rather than keep it as very low income. And you've got five tracts right here that are mentioned. MR. KOULOHERAS : Maybe we could get a good deal on some of those CRA lots. COMMISSIONER HILLER: Wow. I can't believe you're saying that. I'm about to gag. MR. KOULOHERAS: They're out there. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. Commissioner Henning, I'm astounded by your motion. I'm -- I cannot believe that you can't see what Commissioner Fiala and what I'm saying. And it just -- it -- I can't believe that you want to add to the glut of unsold homes that we already have and that you wouldn't see the wisdom of using this money for down payment assistance to stimulate sales and get people into these unsold properties. I'm really disappointed, and that's all I can say. And, Commissioner Fiala, I completely understand where you're coming from. And I applaud you for, you know, being diligent and working so hard to help the people who really need help. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. CHAIRMAN COYLE: Do you have anything? COMMISSIONER COLETTA: Yes, I do. I -- I understand Commissioner Fiala's passion, and I've tried to insert language in here Page 193 April 24, 2012 wherever we could. However, with that said, too, I've got to remind everybody that I have a community of Immokalee that when you want to talk about distressed houses, that's a place that could use some upscale housing. And if we're going to get to the point that everything that's going to happen that's going to be housing upgrades is going to be limited to East Naples, it puts -- COMMISSIONER FIALA: No. I just said earlier in the meeting that I would -- that we needed to upgrade housing in Immokalee. COMMISSIONER COLETTA: I know you did. COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: But just the comments you made and the promise you extracted did not include Immokalee. It included East Naples. And, you know, I feel a little bit put out by it. And I've got people here from Immokalee that have testified before about the lack of middle -class housing in Immokalee. COMMISSIONER FIALA: And they are right. COMMISSIONER COLETTA: And they are. CHAIRMAN COYLE: But, Commissioner -- COMMISSIONER COLETTA: But just keep that in mind, please, that's all. Meanwhile, keep that window free back there. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Just real quick. I mean, I don't have a passion for this item. And this is a very -- obviously a very, very passionate item. But the fact is, if we use NSP money for down assistance -- down payment assistance, like Commissioner Hiller wants, we would have more affordable housing because it would have to stay affordable housing. Staff said that; is that correct? COMMISSIONER HILLER: No. COMMISSIONER HENNING: So -- COMMISSIONER FIALA: Till they pay it off. CHAIRMAN COYLE: Fifteen years. Page 194 April 24, 2012 COMMISSIONER HENNING: If we want more affordable housing in Commissioner Fiala's district, we should do exactly what Commissioner Hiller wants to do. COMMISSIONER HILLER: That's not correct. COMMISSIONER HENNING: That's what they said they're going to do. Here's -- we've got a balance of it. We have middle income, low income, and median income. It's not in Commissioner Fiala's district. It's countywide. But this is a passionate issue for Commissioner Fiala, and I just want to move on. I think it's a very good item. I think it's going to be a 3 -2 vote, but we're still going to continue to discuss it. COMMISSIONER FIALA: And my button is on. CHAIRMAN COYLE: Yes, it is. Go ahead. COMMISSIONER FIALA: Okay, yes. It only has to stay affordable until they pay it off, and what's been happening over in a few of the Habitat villages here, they go down for the loan, they get the mortgage, they get a new mortgage on there, pay the house off, and then pay off the debt that they oive the county for impact fees, and then they sell it. And then people have been buying them -- one even sold for $10,000. Couldn't believe that. But, anyway, selling the houses, then they sell it to somebody who rents them out, and they don't have to keep affordable once they've paid it off, is that correct? Yes, that is, because I've already researched it. And the thing that's concerning me is, they really already own hundreds more acres in East Naples, not in any other community, but East Naples. They own hundreds more acres that they're yet to build on, and people are not even realizing -- oh, yes, I've got the rundown. And so I'm really very concerned about that as well. And what's going to happen? CHAIRMAN COYLE: Well, here's where we are. We started out this discussion about three or four meetings ago. We said that we Page 195 April 24, 2012 wanted to get more of the money allocated to the affordable housing category, the middle income people, because Commissioner Fiala wanted to deal with that. And we all supported that, and you came back with a proposal to do that. Okay. Now that's not enough. We want to do something different. Please tell me what it is we want to do that makes sense, and I'll go along with it. I would prefer to take all this money and just send it right back to the government. That's my preference. COMMISSIONER HILLER: So let's make a motion. COMMISSIONER FIALA: Okay, do it. COMMISSIONER COLETTA: We've got a motion. COMMISSIONER HILLER: Propose that. CHAIRMAN COYLE: We've got a motion already. COMMISSIONER HENNING: Let's vote on this motion first. CHAIRMAN COYLE: All right. All in favor of the motion, please signify by saying aye. Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Okay. The motion passes with a vote of 3 -2, with Commissioner Hiller and Fiala dissenting. Item #1 I C RECOMMENDATION TO APPROVE THE PARKS AND RECREATION DEPARTMENT TO BE A SPONSOR AND OPERATE THE 2012 SUMMER FOOD SERVICE PROGRAM AT DESIGNATED RECREATION CAMPS — APPROVED Page 196 April 24, 2012 MR. OCHS: Item 11 C is a recommendation to approve the parks and recreation department to be a sponsor and operate the 2012 Summer Food Service Program at designated recreation camps. COMMISSIONER HENNING: Move to approve. COMMISSIONER COLETTA: Move to approve. COMMISSIONER HENNING: Second. Aye. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Henning, second by Commissioner Fiala -- Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MR. OCHS: Thank you. COMMISSIONER FIALA: I'd just like to ask a side -note. Steve, can you ever provide me with a list of the summer camps where this food is going to be distributed? MR. CARNELL: Absolutely. COMMISSIONER FIALA: Thank you. MR. CARNELL: Absolutely. Item #1 I D RECOMMENDATION TO APPROVE THE COLLIER AREA TRANSIT (CAT) PARATRANSIT FARE STUDY AND FARE INCREASE OF $1 PER ONE -WAY TRIP FOR THE TRANSPORTATION DISADVANTAGED AND AMERICANS Page 197 April 24, 2012 WITH DISABILITIES ACT PROGRAMS — APPROVED MR. OCHS: Commissioners, 11D is a recommendation to approve the Collier Area Transit Paratransit fare study and a fare increase of $1 per one -way trip. COMMISSIONER HENNING: Move to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Henning, second by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item 91 1 E RECOMMENDATION TO APPROVE A WORK ORDER IN THE AMOUNT OF $648,324.35 TO HASKINS, INC., FOR CONSTRUCTION TASKS SET FORTH IN REQUEST FOR QUOTATION #08- 5011 -605 DAVIS BOULEVARD FROM SANTA BARBARA BOULEVARD TO RADIO ROAD — APPROVED MR. OCHS: 11 E was previously -- MS. ARNOLD: Thank you. MR. OCHS: -- 16C 1 on your agenda. It's a recommendation to approve a work order in the amount of $648,324.35 to Haskins, Incorporated, for construction tasks set forth in Request For Quotation Page 198 April 24, 2012 08- 5011 -60, Davis Boulevard from Santa Barbara Boulevard to Radio Road. Commissioner Coyle had moved this item to the regular agenda, and Mr. Chmelik can present. CHAIRMAN COYLE: Why don't you, very briefly, summarize the project and the reason for the project. MR. CHMELIK: Okay, very good. Tom Chmelik, for the record, public utilities. This project is seeking approval for a work order with Haskins for utility relocation tasks relative to a Davis Boulevard road project. That's from Santa Barbara Boulevard roughly to Davis, and it involves 2000 feet of water main, 3,600 feet of wastewater main, six crossings across Davis, and the relocations need to happen in order to coincide with the schedule of FDOT six - laning of this area. CHAIRMAN COYLE: Okay. Now, it's my understanding that we tried to get an agreement signed with FDOT to permit this to be done at the time when they did their project so it could be integrated into a single project; is that correct? MR. CHMELIK: That's correct. We attempted to use a Memorandum of Agreement to have that coordinated project with FDOT in their $10 million road project and let the projects together. CHAIRMAN COYLE: Okay. MR. CHMELIK: And we weren't able to reach that agreement. CHAIRMAN COYLE: Okay. Why? MR. CHMELIK: There was an issue -- we had made a couple of attempts working with the Clerk's Office and, in the end, the Clerk's Office had notified us they wouldn't be able to pay invoices for the project because of the way the escrow account was structured and that prepayment was required into that escrow account. Crystal? CHAIRMAN COYLE: Okay. And, Crystal, do you want to amplify on that? MS. KINZEL: I believe this is the original agreement that FDOT Page 199 April 24, 2012 actually entered into and signed, correct? This -- MR. CHMELIK: What's before the board? MS. KINZEL: -- is the agreement that they signed and sent back to the county as an executed document, and then the state reneged on the clause that authorized the clerk to also review the payments; isn't that correct? MR. CHMELIK: That is correct. That hannened earlier in January. MS. KINZEL: Okay. So, Commissioner, we had an agreement with the state. I have an example. It was signed by the Department of Financial Services, it was signed by all parties and executed, then the state reneged in the last hour. So the -- we thought we had an agreement with the state, and they backed out. We are -- so we're back to going for the AGO to try to get the authorization for prepayment in the future. So to expedite the project, we've worked with utilities and they're taking this course of action so they can continue on this project until we can get direction from the AGO. CHAIRMAN COYLE: Okay. MR. CHMELIK: That's correct, yes. MR. OCHS: Just one point of clarification, just in the interest of full disclosure, the standard way this is done is through a standard Memorandum of Agreement with State Department of Transportation. We have entered into those in the past on different projects. We were unable to do that this time because, apparently, the Clerk's Office had some problems with providing that escrow, so we had to go to an alternative, which we all worked hard on together. Unfortunately, at the eleventh hour, the State DOT CFO didn't approve of that, so now we're left with a short window, and we've got to complete the project ourselves. MS. KINZEL: Commissioners, I do want to put this on record. MR. SHEFFIELD: You need the mic, Crystal. Page 200 Apri124, 2012 MS. KINZEL: For the record -- oh, wait. Here we go. Well, I don't get up here, fortunately. Commissioners, for the record, Crystal Kinzel. I want to put on the record -- because the agreement with the clause that the county manager is talking about, specifically providing for the Clerk's Office to have review of the expenditures, that clause was in this agreement. CHAIRMAN COYLE: Wait a minute. Leave the clause there. MS. KINZEL: Sorry. I can make copies. CHAIRMAN COYLE: What does that clause require? MS. KINZEL: It's No. 4, notwithstanding any prior written agreement by the parties, FDOT's comptroller and designee participant and the Collier County Clerk of Court shall be the signatories on the escrow account with the treasury. Only with written confirmation from all parties will there be the authority to authorize withdrawals. So that was agreeable to both parties. That agreement was executed by all parties, including the Department of Financial Services and the State Department of Transportation and this Board of County Commissioners. So we had a fully executed agreement with that authorized clause. The state backed out of the agreement. CHAIRMAN COYLE: Do we know why the state backed out? MS. KINZEL: Because Department of Financial Services reviewed the contract and said that they should never have signed it. CHAIRMAN COYLE: Why? MR. OCHS: Because it wasn't their standard agreement. MS. KINZEL: Because it wasn't a standard agreement. But this was also reviewed by their legal department. CHAIRMAN COYLE: Okay. But I -- I guess the point I'm trying to make is, it was a standard agreement from FDOT. What was objectionable to the standard agreement from FDOT? Is there an answer to that question? MR. OCHS: Well, from the staffs perspective, nothing. I don't Page 201 April 24, 2012 know about the county attorney's perspective. But, obviously, there was a concern by the clerk. Maybe Jeff wants to weigh in from a legal standpoint. MR. KLATZKOW: My office didn't have an issue with the transaction. It's a standard transaction. We've done it before. CHAIRMAN COYLE: So the clerk had a problem with the transaction? MR. KLATZKOW: It was the clerk's opinion that he couldn't authorize payment based on that contract. CHAIRMAN COYLE: So it's a state FDOT contract, and the clerk can't authorize payment on a standard FDOT contract? MR. KLATZKOW: Apparently. CHAIRMAN COYLE: Okay. Are we getting an AGO opinion, Crystal? MS. KINZEL: Yes, sir. We're working on that. CHAIRMAN COYLE: And if the AGO agrees, can we then sign a standard FDOT contract and get these things done? Because we've got three more of them coming up. MS. KINZEL: The clerk is just looking for direction one way or another from Department of Financial Services or the AGO's office saying that we specifically can either prepay or that we can make payment with FDOT to make these agreements -- CHAIRMAN COYLE: Okay. MS. KINZEL: -- workable. CHAIRMAN COYLE: Do you have any idea what the timing might be? MS. KINZEL: We've been drafting it for the last several weeks, and hopefully we'll have some resolution in a week or so as far as submitting the AGO. CHAIRMAN COYLE: Oh, we haven't asked him for that? MS. KINZEL: No, we have not submitted the request at this time. Page 202 Apri124, 2012 MR. OCHS: We were just puzzled because we've done these three other times in the not - too - distant past so -- CHAIRMAN COYLE: So this is a change in procedure? MR. OCHS: All I can tell you is there's at least three separate times where we've done these standard MOA's with escrow agreements, and they've been executed, and everybody's moved out and been paid. So, unfortunately, with -- not being able to do that this time, we had to go to an alternate agreement, and then the state finally, as Crystal said, didn't execute that. So now we're left with -- the state's project deadline has never moved, so now we've got to get in there in a very short period of time, which drives our cost of the project up from the contractor, so -- CHAIRMAN COYLE: And how much more expensive is it going to be? MR. OCHS: Tom, how much roughly? MR. CHMELIK: Well, roughly, it's about 249,000 more than the original engineer's estimate for the coordinated integrated MOA project. MR. OCHS: So, obviously, we want to avoid that in future projects, sir. CHAIRMAN COYLE: Yeah, yeah. Well, what can we do to assist in the AGO thing, Crystal? MS. KINZEL: I think we're moving ahead, Commissioner Coyle. We'll have it, and we're working with the County Attorney's Office. As soon as we've got it drafted, they've agreed to look over the language, too, from the county's perspective, and then we'll be able to submit it. But it is a complicated issue because of both the prepayment and then, if it isn't prepaid, how else can we accomplish this to satisfy the clerk's audit function, and then we are also trying to resolve the issue of competitively bidding, and that was a subsequent issue that came Page 203 April 24, 2012 up. So we're trying to hit every issue in the request to get clarification. CHAIRMAN COYLE: Okay. If it's likely to result in a substantial increased cost to us, we need to get it resolved as quickly as possible, so -- we've got -- when will we have another project of this type coming up? MR. CHMELIK: We would need resolution by September to be able to handle the next two projects on their way. CHAIRMAN COYLE: Okay. All right. Then I make a motion that we approve -- COMMISSIONER HENNING: Second. CHAIRMAN COYLE: -- this item. Motion by me, second by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It is approved. MR. CHMELIK: Thank you, Commissioners. CHAIRMAN COYLE: Is there anything else? MR. OCHS : No, sir. We're on to staff and commission general communication. COMMISSIONER HENNING: I'm going to make a motion to approve 16 -- oh, is it -- did we already approve this on the consent, 16J6? I'm sorry. MR. OCHS: Yes, sir, I'm sorry. COMMISSIONER HENNING: Oh, sorry about that. Item #15 Page 204 April 24, 2012 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COYLE: Okay. We're into correspondence and communications or -- MR. OCHS: Yes, sir. CHAIRMAN COYLE: Okay. Do you have anything? MR. OCHS: Just a quick reminder to the board. This is a busy week. You have two more workshops scheduled. One at 9 a.m. on Thursday to deal with several fire- related and EMS - related issues, and then Friday afternoon at 1:30 with the Big Cypress Basin Board. CHAIRMAN COYLE: And how long is that one expected to last? MR. OCHS: The Friday one? CHAIRMAN COYLE: Yeah. MR. OCHS: I'm not sure, sir. That was put together by Mr. Tears and the basin. I don't know how long they plan to go with that. CHAIRMAN COYLE: Okay. MR. OCHS: They didn't publish an end date (sic) to the meeting. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Isn't Fred Thomas on that? MR. OCHS: I think so. CHAIRMAN COYLE: Anything else? COMMISSIONER HENNING: It will never end. MR. OCHS: No, sir, that's all for me. CHAIRMAN COYLE: County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Nothing. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I wanted to talk about this TDC vote. You know, I didn't realize until after the vote that we will Page 205 April 24, 2012 have no representation from Marco Island, and I was wondering if we could just hold off till next meeting, just leave it as it is till next meeting so at least we have representation. I haven't even had a chance to call Marco to see what they have to say about this. I would like to confer with them, too, but I haven't had a chance. I've been busy here today. So -- CHAIRMAN COYLE: Commissioner Coletta -- COMMISSIONER FIALA: -- would that be okay? CHAIRMAN COYLE: -- how do you feel? COMMISSIONER FIALA: Can we do something like that? MR. KLATZKOW: Yes. I mean, it's -- my understanding is your next TDC is April 30th? MR. MITCHELL: Yes, it is. COMMISSIONER FIALA: So Rick could be there, Rick or -- MR. KLATZKOW: Well, his term expired. COMMISSIONER FIALA: Rick MedwedefP MR. KLATZKOW: Yes, his term's expired. COMMISSIONER FIALA: Oh, I see. COMMISSIONER HILLER: That's what -- can I -- CHAIRMAN COYLE: Okay, look. It's been represented to us that there will be a request for a change -- MR. KLATZKOW: We're coming to you at the next board meeting -- CHAIRMAN COYLE: Okay. MR. KLATZKOW: -- for your consideration for -- CHAIRMAN COYLE: Doing what? MR. KLATZKOW: Change the language of the ordinance to conform with more to what the statute requires. CHAIRMAN COYLE: Okay. There -- is there any reason that the fact someone from Immokalee or District 5 was appointed today -- MR. KLATZKOW: Everglades City. CHAIRMAN COYLE: Okay. Page 206 April 24, 2012 COMMISSIONER HILLER: No. COMMISSIONER FIALA: Two are -- Doug House is on -- in Everglades City, right? MR. KLATZKOW: I have no idea. COMMISSIONER HILLER: Doug House is in District 5, and he doesn't represent any specific seat. He's a non - owner /non - operator. MR. KLATZKOW: No, no, no. We appointed the councilman from the City of Everglades today. COMMISSIONER FIALA: Yeah, but also -- COMMISSIONER HILLER: No. COMMISSIONER FIALA: -- we appointed Doug House. COMMISSIONER HILLER: That's correct. MR. KLATZKOW: Yes. COMMISSIONER HILLER: Rick Medwedeff -- let me -- may I explain? What happened was, was Rick Medwedeff s term expired. The committee recommended Rick Medwedeff for reappointment. Commissioner Coyle, Commissioner Coletta, and Commissioner Fiala, instead of reappointing Rick Medwedeff, reappointed Mr. House, who is a non - owner /non - operator from District 5, leaving Marco with no representation at all. MR. KLATZKOW: Do you want to -- you could extend his term by -- COMMISSIONER HILLER: So you can change your vote -- you can extend -- you can change your vote and vote no, basically, the motion fails, and it will have to come back, and you can make a motion to have Mr. Medwedeff reappointed. MR. KLATZKOW: May I? CHAIRMAN COYLE: Yes, go ahead. MR. KLATZKOW: You have one meeting of the TDC before we come back to you with an ordinance change. I suppose you could, if you want, extend Mr. Medwedeff s term up through May 1 st. That will take care of that meeting. At that point in time, it expires. And Page 207 April 24, 2012 we'll have a new ordinance, then you can decide what you want to do with that seat, which would mean Mr. House would not be appointed. COMMISSIONER FIALA: Would you do that? Can I -- MR. KLATZKOW: Well, that's up to you. COMMISSIONER FIALA: Oh, yeah, right. MR. KLATZKOW: If that's what you want. COMMISSIONER FIALA: Well, I'd like to make a motion that we do just exactly that, extend Mr. Medwedeff s term -- MR. KLATZKOW: Term to May I st. COMMISSIONER FIALA: -- until the I st of May, and right now just set Doug House aside. COMMISSIONER HILLER: I second that. MR. MITCHELL: His term's expired. MR. KLATZKOW: No, but we're extending it. COMMISSIONER COLETTA: Question? CHAIRMAN COYLE: Yep, go ahead. COMMISSIONER COLETTA: Well, we went effectively from having two people from District 5 on this to removing both of them with one stroke of a vote. So I -- we really want to go there? MR. KLATZKOW: No. COMMISSIONER HILLER: That's not true, because Councilman McBeth Collins from Everglades City was appointed, and he's still on there, and all we're doing is we're -- COMMISSIONER COLETTA: Okay. So we're not talking about taking Everglades City -- COMMISSIONER HILLER: No, we're -- no. COMMISSIONER COLETTA: -- and just turning it back over to Marco? COMMISSIONER HILLER: No, no, absolutely not. All we're doing is, instead of Mr. House, Mr. Medwedeff remains on. Mr. House is not. COMMISSIONER COLETTA: Ian, how many people from MIMS April 24, 2012 District 5 are currently serving on the TDC? COMMISSIONER HENNING: Three -- two. MR. MITCHELL: Two. COMMISSIONER COLETTA: Those two are? COMMISSIONER HILLER: Mr. Ski Olesky, and I forgot the name. MR. MITCHELL: Sir, you've got -- well, Mr. Sorey -- well, you've got Mr. Councilman Sorey's District 4; you've got Rick Medwedeff s, he's actually District l; Mr. Hill is District 2; Mr. Miller District 2; Mr. Hendel District 4, Mr. Olesky's District 5. And that's it. COMMISSIONER FIALA: Isn't Mr. Miller for Everglades City for the restaurants -- COMMISSIONER HILLER: Yes. COMMISSIONER FIALA: -- in Everglades City? COMMISSIONER HENNING: Yeah. COMMISSIONER HILLER: He's District 5. COMMISSIONER HENNING: He's a business owner in District 5. COMMISSIONER HILLER: Exactly, and he represents from that perspective. COMMISSIONER HENNING: So we'll stack more. COMMISSIONER HILLER: So you actually -- you already have two from District 5 on there. COMMISSIONER COLETTA: Okay. But we're not talking about doing anything that changed the level of Everglades City -- COMMISSIONER HILLER: No. COMMISSIONER COLETTA: -- having an appointee on it? Because I don't want to come back and find out that after -- COMMISSIONER HILLER: No. COMMISSIONER COLETTA: -- we got all through with this -- well -- COMMISSIONER HILLER: You actually -- Commissioner Coletta, you actually have three representatives from District 5. You Page 209 April 24, 2012 have Councilman McBeth Collins, you have Mr. Miller, and you have Mr. Olesky. So you have five representatives -- I mean, three representatives from District 5 currently sitting on there. COMMISSIONER COLETTA: That's why it works so well. COMMISSIONER HILLER: Marco right now has nobody, okay. And if the vote remains as was decided today, your district would actually have four representatives, okay, and Marco has zero. COMMISSIONER COLETTA: I understand. And, once again, I think it's the person on there rather than where they come from, and I just want to make sure that we get a fair representation from District 5. COMMISSIONER FIALA: Well, I think people also that offer the money to it should have a vote, you know, at least -- COMMISSIONER COLETTA: Sure, no doubt about it. COMMISSIONER FIALA: And Marco does offer at least 20 percent -- I think it's 23 percent. COMMISSIONER COLETTA: Yeah. But the last thing I want is Immokalee removed because they only put in a percent point or something when -- all that Ski Olesky has to offer and contributed to it. So I mean, I don't think we should get hung up in the dollar amount so much as the contributions. COMMISSIONER FIALA: Well, I'd just like one representative on there, though, you know. MR. KLATZKOW: Are we reconsidering our earlier motion today? COMMISSIONER HILLER: So you can change your vote and just vote no and make a new motion. CHAIRMAN COYLE: We can make another motion to allow Mr. Medwedeff -- extend his term until May. MR. KLATZKOW: Well, you made a decision today. CHAIRMAN COYLE: Yes. Item #I OA (Reconsidered from earlier in the meeting) Page 210 April 24, 2012 MOTION TO RECONSIDER ITEM #I OA — APPROVED MR. KLATZKOW: So my first question is, do you want to reconsider that decision? COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: Okay. MR. KLATZKOW: Can you make a motion? CHAIRMAN COYLE: Well, somebody's got to make a motion. COMMISSIONER FIALA: I'd like to make the motion to reconsider. COMMISSIONER HENNING: I'll second. CHAIRMAN COYLE: Okay. So motion to reconsider by Commissioner Fiala, second by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Okay. Then it passes 3 -2 with Coletta and Coyle dissenting. So now we have -- we're going to reconsider it. We can do it now. MR. KLATZKOW: You can do it now if there's a motion. CHAIRMAN COYLE: All right. Then — Item #I OA RESOLUTION 2012 -73: RE- APPOINTING MURRAY HENDEL (DISTRICT 44 NON- OWNER/OPERATOR CATEGORY) AND Page 211 April 24, 2012 RICK MEDWEDEFF (DISTRICT #3 OWNER/OPERATOR CATEGORY, EXTENDING HIS TERM TO MAY 22, 2012) AND CONFIRMING APPOINTMENTS OF CITY OF NAPLES MAYOR JOHN SOREY & EVERGLADES CITY COUNCILMAN MCBETH COLLINS (MUNICIPAL CATEGORY) — ADOPTED COMMISSIONER FIALA: Yes, I'd like to make a motion to extend Rick Medwedeff s reign on this. MR. KLATZKOW: You want to extend his term through May 1st -- CHAIRMAN COYLE: His term. COMMISSIONER FIALA: -- till May 1 st and keep Murray Hendel and Mayor Sorey and Councilman McBeth Collins from Everglades City on there. I don't know if I could do that or not. CHAIRMAN COYLE: Sure, you can. MR. KLATZKOW: So my understanding is this then: What we're doing is Mr. Hendel's being reappointed for four years -- COMMISSIONER HILLER: Well, no. Why don't you just do this. Why don't you just, if I may, Commissioner Fiala, make your motion to extend Rick Medwedeff, Murray Hendel, Sorey, and Councilman McBeth Collins all through May 1 st. Then when the ordinance is changed, we can get a new slate recommended by the board in light of the new ordinance, and then it makes it really easy, and then we'll just take a clean vote. COMMISSIONER FIALA: That sounds easy to me. What do you say, Jeff? MR. KLATZKOW: It's your motion, ma'am. COMMISSIONER FIALA: Okay. I'd like to restate my motion and it says, I'd like to extend Rick Medwedeff, Murray Hendel, Mayor John Sorey, Councilman McBeth. I realize she hasn't -- he hasn't been on there yet, but -- till May 1 st, at which time we can then address the issue of adding -- after we've -- do I have to put this all in the motion Page 212 April 24, 2012 after we've -- COMMISSIONER HILLER: No. COMMISSIONER FIALA: Okay. That's all I want to do then, extend their motion -- or extend their term till May 1 st. CHAIRMAN COYLE: Okay. MR. MITCHELL: But can I ask -- if you do that -- CHAIRMAN COYLE: Yeah. The problem you have is that all we're doing is certifying the appointment -- MR. MITCHELL: It's going to have to be readvertised. COMMISSIONER HILLER: Right. It does have to be readvertised. You're changing the ordinance, and you're going to have to, you know, readvertise based on the new ordinance. MR. OCHS: What are we changing in the new ordinance that's going to require all that? MR. KLATZKOW: We're not. It's -- CHAIRMAN COYLE: Yeah, we're not. The only question I have is, look, we've got two municipalities who've said, these are our people, we want them on here. COMMISSIONER FIALA: Right. CHAIRMAN COYLE: Now, do we ignore them or do we -- COMMISSIONER FIALA: Of course not. They're not -- they're still on there. CHAIRMAN COYLE: No, what you said was they would be extended to May -- to May is what the motion said. COMMISSIONER FIALA: Yeah, but we still have to honor that. And it would be nice if Marco had one on there, too. CHAIRMAN COYLE: Well, there's no question about that. But the point is, that the way the motion was made it says they will serve until May the 5th or so. COMMISSIONER FIALA: Right, because isn't that when we're going to be addressing adding that position for Marco on there? COMMISSIONER HILLER: When are you going to do that? Page 213 April 24, 2012 COMMISSIONER HENNING: No. COMMISSIONER HILLER: When are you going to do that, Jeff? When are you going to bring back the ordinance with a modification? How long -- how long will it take you -- MR. KLATZKOW: We're bringing it back for discussion. COMMISSIONER HILLER: -- to make the change? MR. KLATZKOW: We're bringing it back for discussion, my understanding, is the next meeting. I'm not Jack Wert. But my understanding is that we're bringing it to the next meeting for discussion. If the board approves it, at that point in time we will advertise it and bring it back. COMMISSIONER HILLER: So how long do you think? How MR. KLATZKOW: Two weeks. COMMISSIONER HILLER: The term should be extended to what date? What do you say? If it's not May 4th, up to what date in order to effectuate it? MR. OCHS: May 23rd. MR. KLATZKOW: Ma'am, you can do it to the 23rd, but you may decide no change. COMMISSIONER HILLER: Okay. So at that point we can, you know, make that motion. So basically then your motion would be to extend the term until May 23rd? MR. OCHS: May 22nd, that's the board meeting date in May, if that's what we're targeting here. COMMISSIONER FIALA: Okay. COMMISSIONER HILLER: Okay. So then it's to extend the -- to basically -- MR. KLATZKOW: If the only issue here is you want a Marco Island representative, if that's the only issue, then you don't change your decision with respect to Mr. Hendel, Mr. Sorey, or Mr. Collins. COMMISSIONER FIALA: Right. Page 214 A pri124, 2012 MR. KLATZKOW: You change your decision with respect to Mr. House and simply extend Mr. Medwedeff to an appropriate date. CHAIRMAN COYLE: Yeah. COMMISSIONER HILLER: So why not just reappoint Mr. Medwedeff -- MR. KLATZKOW: Because that's four years. COMMISSIONER HILLER: -- period? Yeah, just reappoint it to -- and then if the ordinance changes, you change pursuant to whatever the ordinance allows. COMMISSIONER HENNING: Jeff, can I help you out? It has nothing to do with Rick Medwedeff. It -- MR. KLATZKOW: Yes. COMMISSIONER HENNING: Pardon me? MR. KLATZKOW: Yes, sir. COMMISSIONER HENNING: It has nothing. So it's -- Mr. House is -- that is -- because Commissioner Coletta wants more people from District 5 on the TDC, and Mr. Medwedeff, who the TDC recommended reappointment, didn't get reappointed. COMMISSIONER HILLER: But that's -- there's a problem with what you're saying, because we need an owner /operator representative. COMMISSIONER HENNING: That's exactly what we did, though. COMMISSIONER HILLER: No, we didn't. We didn't. By not reappointing Rick Medwedeff, we lost the owner /operator and they re- -- they nominated Doug House instead of Rick Medwedeff, who's a nonowner /non - operator. We need an owner /operator. COMMISSIONER HENNING: Well, I understand that. COMMISSIONER HILLER: And we don't have that right now. COMMISSIONER HENNING: We don't have it, but still Mr. Medwedeff was off; House came on. COMMISSIONER HILLER: House is not an owner /operator. Page 215 April 24, 2012 COMMISSIONER HENNING: No kidding -- COMMISSIONER HILLER: Right. COMMISSIONER HENNING: -- Commissioner Fiala -- or Hiller. I know -- COMMISSIONER HILLER: I'm glad you called me that, because I take that as a compliment. COMMISSIONER HENNING: It is right here in front of my eyes. I understand that. COMMISSIONER HILLER: Right. We're deficient statutorily. COMMISSIONER HENNING: So why -- CHAIRMAN COYLE: Commissioner. COMMISSIONER HENNING: Hold on. Why are we talking about Mr. Medwedeff, about having to reconsider his appointment? A, he qualifies as an owner /operator, okay. We can extend it for four years that -- COMMISSIONER HILLER: Right. COMMISSIONER HENNING: The whole -- and Doug House would go away; the Doug House issue would go away. COMMISSIONER HILLER: Right. COMMISSIONER HENNING: The only issue, boys and girls, is the issue of the splitting from Marco Island to Everglades City. COMMISSIONER HILLER: Right. COMMISSIONER HENNING: So what the motion did and seconded and the majority supported did not even conform to state statutes. COMMISSIONER HILLER: Correct, which is why it has to be reconsidered. COMMISSIONER HENNING: It has to be reconsidered in several ways. COMMISSIONER HILLER: Which is what Commissioner Fiala was doing. COMMISSIONER HENNING: Well, then let's do it right, Page 216 April 24, 2012 Commissioner Fiala. COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: You want to reappoint Rick Medwedeff as owner /operator. COMMISSIONER HILLER: Correct. COMMISSIONER HENNING: Okay. You want to appoint Murray Hendel as a nonowner /operator -- COMMISSIONER HILLER: Right. COMMISSIONER HENNING: -- if that's who you want, Murray Hendel on there. You want to make municipal recommendations of Mayor John Sorey, because that is not in question. The only question is -- COMMISSIONER COLETTA: Here we go. COMMISSIONER HENNING: Okay. And, Commissioner Coletta, you're going to have to hold onto your patience here, because I'm going to tell the truth. The only question is, the TDC is going to recommend, instead of having the person from Everglades City, city council appointment, is to have a full -time from Marco Island, and that would affect Councilman McBeth Collins. So you form your motion to -- however you want to conform to, A, the state statutes and, B, your wishes whether you want a city council person on there from Marco Island. COMMISSIONER COLETTA: Full cycle. COMMISSIONER HILLER: Can you put the statute up on the overhead, please, with respect to who has to sit on it. MR. KLATZKOW: If I can find it. COMMISSIONER COLETTA: My light's on. CHAIRMAN COYLE: Yeah. We haven't gotten to you yet. COMMISSIONER COLETTA: Yeah, I know. COMMISSIONER HILLER: Yeah, but I need the statute. I need the law. Where is the statute? MR. MITCHELL: It's E. Page 217 April 24, 2012 COMMISSIONER FIALA: Can I ask a question, Jeff? The reason I would like to extend that for a month is we don't know how -- when we deliberate over a position for Marco Island, if we want one that is appointed by the city or somebody on city council or not -- and we have to make room for that person, so I thought if we just extended Rick Medwedeff for, you know, till the 23rd or 22nd of May, or whatever it is, until that time where we know if we need that space or not for whomever is appointed from Marco Island. Should we do that? MR. KLATZKOW: That works. That's one approach. COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: I'm all for that. Just extend the term, and then we'll take it up whenever we get all the so- called resolution and recommendations. COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: So if that's your motion. COMMISSIONER FIALA: Yes, that is my motion. CHAIRMAN COYLE: You want me to call that motion? COMMISSIONER FIALA: That is my motion. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: And then we'll be able to deal with it at that time. CHAIRMAN COYLE: Okay. All in favor of the motion -- COMMISSIONER COLETTA: Wait. There is a light on. CHAIRMAN COYLE: Alright Commissioner Coletta, go ahead. COMMISSIONER COLETTA: I've been waiting very patiently to be able to speak. CHAIRMAN COYLE: Go ahead. COMMISSIONER COLETTA: I predicted when all this thing started that I was going to end up with no one, and that's as far as it goes. And I was told, no, no, no. It's going to stay that way. COMMISSIONER FIALA: I'm the only one that has no one. Page 218 April 24, 2012 COMMISSIONER COLETTA: Well, no. I'm telling you we removed -- your removed Doug House. You got -- we've got, what's his name, Med -- COMMISSIONER FIALA: Medwedeff for one more month. COMMISSIONER COLETTA: Well, extend him out for wherever, I don't care. But the thing is, now you're talking about also -- just like I said, what we're heading for -- and this has been the direction we've been going for a long time here. We're trying to remove that representation totally, and I told you it was going to happen. COMMISSIONER FIALA: No. COMMISSIONER COLETTA: And it is. COMMISSIONER HILLER: What are you talking about? COMMISSIONER FIALA: No, you're not -- you weren't listening. I said -- and listen carefully. I said, leave everybody on here but Rick Medwedeff, extend it one more month till we see if we need a position from city council, then we would eliminate him -- COMMISSIONER COLETTA: Okay. So you're not talking about eliminating Everglades City? COMMISSIONER FIALA: Of course. I've never -- I'm not even talking about Everglades City, yes. COMMISSIONER COLETTA: Okay. Because I was getting the drift that that's the way we were going. COMMISSIONER FIALA: No, you weren't listening, so I'm -- COMMISSIONER COLETTA: And I apologize for not listening, and I'm glad that you can explain it to me. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: Jeff, can I ask you a question? CHAIRMAN COYLE: Commissioner Henning, do you have anything to say about this? Then let's have a final vote then. COMMISSIONER HENNING: Okay. Let's have a final vote. I'm -- I can't support it. I think it's convoluted, but go ahead. CHAIRMAN COYLE: Okay. Commissioner Hiller? Page 219 April 24, 2012 COMMISSIONER HILLER: Yeah. Number one, Jeff, it says in the statute that not less than three nor more than four shall be owners or operators or motel, hotels, recreational vehicle parks, or other tourist accommodations in the county. Who are the three owner -- I know Hill, I know Medwedeff. Who's the third -- who's owner /operator of a hotel /motel that sits on it? MR. MITCHELL: Olesky. COMMISSIONER HILLER: And Olesky qualifies how? MR. MITCHELL: He's an owner /operator -- COMMISSIONER HILLER: Of what? MR. MITCHELL: --in Immokalee. COMMISSIONER HILLER: He owns a -- COMMISSIONER COLETTA: Lake Traffic Marina. COMMISSIONER HENNING: I'm an owner in Immokalee. Can I sit on it? CHAIRMAN COYLE: Yes. COMMISSIONER HILLER: But, oh, no, no. It has to be owner /operator of a motel /hotel, RV park, or other tourist accommodation; in other words, where people sleep. What does Olesky own where people sleep? COMMISSIONER COLETTA: He does. COMMISSIONER HILLER: What? COMMISSIONER COLETTA: He's got accommodation there for trailers that he's had for years. COMMISSIONER HILLER: Is it an RV park? COMMISSIONER COLETTA: Yeah, it's an RV park right next to the marina. COMMISSIONER HILLER: So Olesky -- okay. So Olesky qualifies as the RV. COMMISSIONER COLETTA: Yeah. COMMISSIONER HILLER: So Medwedeff is the -- because it's very clear that it has to be not less than three. So Medwedeff has to be Page 220 April 24, 2012 reappointed because he is the owner /operator. He's the third owner /operator, and we're required by law to have that. So, really, Commissioner Fiala, if you want, your motion can be as simple as, you know, appointing Rick Medwedeff as the, you know, third owner /operator, and you're done. CHAIRMAN COYLE: Motion's already been made. COMMISSIONER FIALA: Yeah. But for one month, because I have to check with the people on Marco. COMMISSIONER COLETTA: It's still early. COMMISSIONER FIALA: If you don't mind. COMMISSIONER HILLER: Sure. COMMISSIONER FIALA: he owns a restaurant, doesn't he? COMMISSIONER HILLER: Okay. And I think Bob Miller, but Yeah. COMMISSIONER FIALA: Yeah he's -- Everglades City, right? CHAIRMAN COYLE: Yeah. COMMISSIONER FIALA: He's a good guy. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Fiala, seconded by, I think, me. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. The motion passes with Commissioner Coletta and Henning dissenting. Okay, are we finished with your concerns, Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. CHAIRMAN COYLE: Okay. I don't have anything. Commissioner Coletta? Page 221 April 24, 2012 COMMISSIONER COLETTA: Yes, I'll be very, very brief You all received this, at least it indicates you have. This is the Productivity Committee suggestions to the commission of what they could do for this next year. Now, the only thing I want to do is to -- I'm going to bring it back at the next meeting as an agenda item to discuss. There's no sense in getting into a detailed discussion of it now. I'm sure we've got at least 45 minutes to an hour and a half worth of discussion on these different items on there. But I just wanted to give you a heads -up that it will be on the next agenda. COMMISSIONER HILLER: Good. Shouldn't we be rotating the representative to the Productivity Committee, or are we going to do it like the chair of the county commission and have the same person on there for three years going? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: I like that three -year business. COMMISSIONER COLETTA: Yeah. COMMISSIONER HENNING: Kingdom. I am king. COMMISSIONER HILLER: I think you want to be chair in perpetuity. CHAIRMAN COYLE: No. Just three years; that's it. COMMISSIONER HILLER: That's it. CHAIRMAN COYLE: No more. After that it's all over. COMMISSIONER COLETTA: Yeah, term limits. COMMISSIONER HILLER: After that, what? COMMISSIONER COLETTA: It's term limits. CHAIRMAN COYLE: After that I'm term limited. COMMISSIONER HILLER: Okay. So, again, you know, is that going to be brought as well as who the liaison will be to the Productivity Committee? Because there should be some rotation in that. COMMISSIONER HENNING: Should be. COMMISSIONER COLETTA: Yeah. I've been getting good at Page 222 April 24, 2012 it. Been at it for three years. CHAIRMAN COYLE: You haven't been on that for three years, have you? COMMISSIONER COLETTA: Sure. Ever since you took the chair, I got the Productivity Committee. CHAIRMAN COYLE: Oh, I didn't realize that. MR. MITCHELL: Mr. Chairman, just as clarification, the ordinance for the Productivity Committee stipulates that it's the vice - chairman of the Board of County Commissioners that is the -- CHAIRMAN COYLE: Yes. MR. MITCHELL: -- liaison. CHAIRMAN COYLE: I know. It's just that time flies now, Ian. I've forgotten that three years have passed. Do you want a decision on this right now, Commissioner Coletta? COMMISSIONER COLETTA: No, I just -- CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: I just wanted to let them know I did hand it out to you. It's going to be coming back at the next agenda under County Commission business, and we'll get into a detailed discussion then. Just a heads -up. CHAIRMAN COYLE: Okay. Got it. COMMISSIONER COLETTA: That's all I have. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah. The reason I didn't support the motion to -- on the TDC appointments, we're going to reconsider Rick Medwedeff in another month as an owner /operator, all right, and Rick Medwedeff is the most productive member on the TDC. I -- hope he is not embarrassed by our lack of knowledge of the makeup of the TDC. And I know all of you have worked with him before, and I really enjoy working with him because it brings together a lot of Page 223 April 24, 2012 information. He was the one who made the suggestion to change the -- or use the emergency fund for advertising and promotion in Europe. And from that, we've built on it. And it's -- and it's from somebody who has a vast amount of knowledge in the industry, okay. That's what you really need on that TDC. COMMISSIONER HILLER: Yeah. But you don't understand, Commissioner Henning. He doesn't vote the way these other guys want, so they're not going to support him. So it doesn't matter that he brings knowledge to the table. If he doesn't go along with, you know, the agenda supported by Sorey and Hendel, well, my goodness, he's got to go, right? COMMISSIONER COLETTA: There you go. Off to the races. CHAIRMAN COYLE: All political, right. COMMISSIONER HILLER: It's not political. It's a fact. COMMISSIONER HENNING: And -- but, anyways -- and he hasn't been chair for three consecutive years or vice chair for three consecutive years. COMMISSIONER HILLER: You talking about Coletta? COMMISSIONER HENNING: No I'm talking Rick Medwedeff, COMMISSIONER HILLER: Oh. COMMISSIONER HENNING: He's a real worker bee. COMMISSIONER HILLER: He is a tremendously hard worker, and he's probably the most valuable member in light of his hospitality experience as general manager of the biggest hotel in Collier County- - COMMISSIONER HENNING: On Marco Island. COMMISSIONER HILLER: -- the number one employer in the tourism industry, and probably the biggest contributor in tourist development tax of any of the hotels out there. COMMISSIONER HENNING: Well, the Ritz is, I believe. COMMISSIONER HILLER: Yeah, the Ritz is also another one of them. CHAIRMAN COYLE: We're going to be singing kumbaya here Page 224 April 24, 2012 pretty soon. COMMISSIONER HENNING: And I'm going to make a motion to adjourn. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: With that said -- COMMISSIONER COLETTA: Happy Birthday. CHAIRMAN COYLE: Motion to adjourn. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Yes, Happy Birthday, Commissioner. COMMISSIONER HENNING: I'm still younger than Commissioner Hiller. COMMISSIONER HILLER: Older. COMMISSIONER COLETTA: Really? CHAIRMAN COYLE: Just about everybody is younger than Commissioner Hiller. COMMISSIONER HILLER: Amen. CHAIRMAN COYLE: Okay. We're adjourned. Thank you very much. * * * *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 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITY FOR LIEBIG AUTO SALES, 3301 WESTVIEW DRIVE, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITY PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED Page 225 April 24, 2012 AGENT Item #I 6A2 RECORDING THE FINAL PLAT OF BRIGHTLING AT TALIS PARK, APPROVING THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE AMOUNT OF THE PERFORMANCE SECURITY — W /STIPULATIONS Item #I 6A3 RECORDING THE FINAL PLAT OF FAIRGROVE AT TALIS PARK, APPROVING THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE AMOUNT OF THE PERFORMANCE SECURITY — W /STIPULATIONS Item #I 6A4 RESOLUTION 2012 -66: FINAL APPROVAL OF ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF SANCTUARY POINTE AT STERLING OAKS WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED AND AUTHORIZE RELEASE OF THE MAINTENANCE SECURITY AND ACCEPT THE PLAT DEDICATIONS Item #I 6A5 RELEASE OF A $46,200 LIEN FOR PAYMENT OF $1501.15, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. MARIA D. AND SERGIO GOMEZ, CODE ENFORCEMENT BOARD CASE NUMBER Page 226 April 24, 2012 CESD20100003695, RELATING TO PROPERTY AT 4983 17TH AVENUE SW, COLLIER COUNTY, FLORIDA — ACQUIRED BY WACHOVIA MORTGAGE, FSB, IN AUGUST, 2011 AND BROUGHT INTO COMPLIANCE ON JANUARY 31, 2012 Item #I 6A6 EXTENSION TO COMPLETE IMPROVEMENTS IN ISLA DEL SOL SUBDIVISION IN FIDDLER'S CREEK PURSUANT TO SECTION 10.02.05 B.I I OF COLLIER COUNTY'S LAND DEVELOPMENT CODE — THE DEVELOPER REQUESTS AN EXTENSION THROUGH AUGUST 25, 2014 AND WILL PAY $15500.00 FOR 10 -YEARS OF NOT HAVING APPLIED FOR ANY EXTENSIONS. SEVENTEEN OF THESE THIRTY -FOUR LOTS HAVE BEEN COMPLETED AND ARE OCCUPIED AND A PERFORMANCE BOND IS IN PLACE TO GUARANTEE THE REMAINING IMPROVEMENTS Item #I 6A7 AWARD BID #12 -5872 FOR THE "PURCHASE AND DELIVERY OF METAL AND POLYETHYLENE PIPE" TO FERGUSON ENTERPRISES, INC. WITH $60,000 IN ESTIMATED ANNUAL EXPENDITURES — FOR ON -GOING MAINTENANCE AND REPAIR OF COLLIER COUNTY STORM DRAINAGE SYSTEMS Item #I 6A8 RELEASE OF A $91,000 LIEN FOR PAYMENT OF $562.56, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. FEDERAL NATIONAL MORTGAGE ASSOCIATION, CODE ENFORCEMENT SPECIAL Page 227 April 24, 2012 MAGISTRATE CASE NUMBER CEPM20110003647, RELATING TO PROPERTY AT 4973 21 ST PLACE SW, COLLIER COUNTY, FLORIDA — FOR 364 DAYS OF ACCRUED FINES FOR THE PROPERTY BROUGHT INTO COMPLIANCE JANUARY 6, 2012 Item #I 6A9 ACCEPTING THE ASSESSMENT OF LIQUIDATED DAMAGES IN THE AMOUNT OF $51500 TO TECTRANS /KEOLIS TRANSIT AMERICA FOR NON - COMPLIANCE OF THE DRUG AND ALCOHOL PROGRAM REQUIRED BY COLLIER COUNTY AND UNITED STATES DEPARTMENT OF TRANSPORTATION (US DOT) AND FEDERAL TRANSIT ADMINISTRATION (FTA) REGULATIONS, DEFINED IN TITLE 49 CODE OF FEDERAL REGULATIONS (CFR), PARTS 40 AND 655 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A10 PARTIAL RELEASE OF SIX LIENS IN CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS VS. JEAN COHEN (AS TR USTEE) , FOR PROPERTY /PARCEL NO. 39440160005, GOLDEN GATE ESTATES, COLLIER COUNTY, FLORIDA — IN EXCHANGE FOR THIS PARCEL, LOCATED OFF OF 9TH STREET SW AND IDENTIFIED BY THE COUNTY AS A FUTURE PUBLIC WATER SUPPLY WELL SITE, MULTIPLE CODE ENFORCEMENT LIENS FOR VIOLATIONS ON UNRELATED PROPERTY OWNED BY JEAN COHEN AT 3132 VAN BUREN STREET WILL BE RELEASED (COMPANION TO ITEM #16C5) Item # 16A 11 Page 228 April 24, 2012 CONTRACT #10 -5342 CHANGE ORDER #3 AND REALIZING NET COST SAVING OF $129,057.75 FOR 44SR84 ( DAVIS BLVD) RADIO ROAD TO COLLIER BOULEVARD" PROJECT #60073; "INTERSECTION IMPROVEMENTS, COLLIER BOULEVARD NORTH TO MAGNOLIA POND DRIVE AND COLLIER BOULEVARD NORTH TO GOLDEN GATE CANAL" PROJECT #60092 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Al2 ADVERTISE AN AMENDMENT TO COLLIER COUNTY ORDINANCE NO. 2009 -44, THE RADIO ROAD, EAST OF SANTA BARBARA BOULEVARD TO THE INTERSECTION OF RADIO ROAD AND DAVIS BOULEVARD MUNICIPAL SERVICE TAXING UNIT (MSTU) ORDINANCE, TO REMOVE THE SIX -YEAR SUNSET PROVISION AND PROVIDE FOR THE DISSOLUTION OF THE MSTU UPON RECOMMENDATION BY THE MSTU ADVISORY COMMITTEE AND APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS Item # 16A 13 REJECT ITB #12 -5820 TO REPLACE WHITE BOULEVARD BRIDGE #034021, "ACCELERATED BRIDGE CONSTRUCTION PROJECTS: WHITE BOULEVARD AND 23RD STREET SW AND 23RD ST. SW SAFETY IMPROVEMENTS" AND AUTHORIZE RE- ADVERTISEMENT OF THE PROJECT — DUE TO SIGNIFICANT CHANGES IN THE SCOPE OF THE PROJECT AS DIRECTED BY THE BOARD Item # 16B 1 — Moved to Item # 14B 1 (Per Agenda Change Sheet) Page 229 April 24, 2012 Item # 16C 1 — Moved to Item # 11 E (Per Agenda Change Sheet) Item #16C2 WAIVE COMPETITION TO AUTHORIZE SOLE SOURCE CONTRACT RENEWALS WITH GE INTELLIGENT SOLUTIONS FOR AN ESTIMATED AMOUNT OF $10000 AND GRAYMATTER SYSTEMS FOR AN ESTIMATED $1955000 FOR EXISTING SOFTWARE LICENSING FOR PUBLIC UTILITIES DIVISION'S SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEMS SCADA SOFTWARE AND SUPPORT RENEWAL PROJECTS #71056 AND #72541 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C3 SATISFACTION AND RELEASE OF LIEN CONCERNING RESOLUTION NO. 2009 -52, THAT ESTABLISHED THE PAYMENT PLAN AND LIEN AGREEMENT BETWEEN TAMIAMI SQUARE OF NAPLES, LLC AND THE COLLIER COUNTY WATER -SEWER DISTRICT — FOR PAYMENT IN FULL OF $1209904.00 IN WATER AND WASTEWATER IMPACT FEES OWED FOR TAMAIMI SQUARE COMMERCIAL CONDOMINIUM UNIT (BUILDING) 300 Item #16C4 BUDGET AMENDMENT OF $50000 TO MOVE FUNDS FROM PROJECT #70050, THE MASTER PUMP STATION TECHNICAL SUPPORT PROJECT, TO PROJECT 973969, SOUTH COUNTY WATER RECLAMATION FACILITY TECHNICAL SUPPORT Page 230 April 24, 2012 PROJECT — TO COMPLETE TASKS REQUIRED TO MAINTAIN STRUCTURES AND EQUIPMENT AT THE FACILITY AND TO MEET THE STATE OF FLORIDA'S DEPARTMENT OF ENVIRONMENTAL PROTECTION PERMIT CONDITIONS Item #16C5 A DONATION AGREEMENT WITH JEAN COHEN, TRUSTEE, ACCEPTING THE DONATION, BY WARRANTY DEED, OF A 5.3 ACRE PARCEL OF LAND ON SHADY HOLLOW BOULEVARD TO BE USED AS A FUTURE PUBLIC WATER SUPPLY WELL SITE AND ASSOCIATED PUBLIC UTILITIES PURPOSES AT A COST NOT TO EXCEED $1,200 — PARCEL NUMBER 39440160005 (COMPANION TO ITEM # 16A 10) Item #16C6 CHANGE ORDER #3, UNDER FIXED TERM ENGINEERING CONTRACT #09- 5262,TO MALCOLM PIRNIE, INC., IN THE AMOUNT OF $291,746 FOR SUPPORT SERVICES FOR THE SOUTH REVERSE OSMOSIS WELLFIELD RAW WATER TRANSMISSION MAIN REPAIR, PROJECT #70030 AND FOR THE ONGOING LITIGATION RELATED TO THE PROJECT, ENTITLED COLLIER COUNTY V. JOHN REYNOLDS & SONS, INC., ET AL., CASE NO. 10- 6658 -CA — AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16D 1 REPROGRAMMING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $208,223, AND SIGNING TWO SUBRECIPIENT AGREEMENTS THAT PROVIDE $77,845 Page 231 April 24, 2012 IN CDBG GRANT FUNDS TO HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. FOR HOMEBUYER EDUCATION AND COUNSELING AND A $91,122 CDBG GRANT TO SHELTER FOR ABUSED WOMEN & CHILDREN, INC. FOR THEIR LEGAL SERVICES PROGRAM. REMAINING FUNDS OF $39,256 WILL BE HELD UNTIL ALLOCATED TO FUTURE PROJECTS BROUGHT TO THE BOARD FOR APPROVAL — IN ACCORDANCE W /HUD GUIDELINES AND COLLIER COUNTY'S CITIZEN PARTICIPATION PLAN Item #I 6D2 AN AMENDMENT TO THE SUB - RECIPIENT AGREEMENT WITH DAVID LAWRENCE MENTAL HEALTH CENTER, INC. (DLC) WITH NO CHANGE TO THE FUNDING LEVEL THAT ALLOWS ADDITIONAL COSTS FOR DESIGN, PERMITS, INSURANCE AND MINOR ADMINISTRATIVE CHANGES — AN AGREEMENT LINKED TO HUD GRANT #B- 11 -UC -12 -0016 FOR THE INSTALLATION OF AN EMERGENCY GENERATOR AT THEIR MAIN CAMPUS, 6075 BATHEY LANE, NAPLES Item #I 6D3 AWARD CONTRACT #12 -5835, MUSEUM EXHIBIT DESIGN, FABRICATION & INSTALLATION TO CREATIVE ARTS UNLIMITED, INC. AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT FOR THE ESTIMATED AMOUNT OF $759957.44 IN FY12 — AN INITIAL ONE -YEAR CONTRACT WITH THREE (3) OPTIONAL 1 -YEAR RENEWAL PERIODS FOR PUBLIC EDUCATION EXHIBITS AT COLLIER COUNTY MUSEUMS IN NAPLES, MARCO ISLAND, EVERGLADES CITY, IMMOKALEE AS WELL AS COUNTY DEPARTMENTS Page 232 April 24, 2012 THAT MAY NEED SPECIALIZED SERVICES Item #16E 1 RATIFY MODIFICATION OF CLASSIFICATION SPECIFICATION IN THE FY 2012 PAY AND CLASSIFICATION PLAN MADE FROM JANUARY 1, 2012 THRU MARCH 31, 2012 Item #I 6E2 A REPORT CONCERNING SALE AND DONATION OF ITEMS ASSOCIATED WITH A COUNTY SURPLUS AUCTION HELD MARCH 24, 2012, RESULTING IN GROSS REVENUES OF $361,505 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #I 6E3 BID #12 -5870, FOR THE PURCHASE AND DELIVERY OF FERTILIZER TO MULTIPLE VENDORS (PROJECTED ANNUAL EXPENDITURES: $150,000) — WITH FLORIDA VENDORS THAT INCLUDE: UPSTART PRODUCTS, TITUSVILLE; DIAMOND R FERTILIZER, FT. PIERCE; FLORIKAN ESA, SARASOTA; GREEN TECHNOLOGIES, GAINESVILLE; FORESTRY RESOURCES, FT MYERS AND JOHN DEERE LANDSCAPES, NAPLES Item #I 6E4 INVITATION TO BID #12 -5823, "MAINTENANCE MINOR REPAIRS" TO BQ CONCRETE, LLC., AS PRIMARY; FA REMODELING AND REPAIRS, INC., SECONDARY; AND WM. J. VARIAN CONTRUCTION COMPANY, INC., AS TERTIARY Page 233 April 24, 2012 WITH ANNUAL ESTIMATED COSTS OF APPROXIMATELY $703000 — WORK INCLUDES BUT IS NOT LIMITED TO: DOOR AND WINDOW REPAIR, REPLACEMENT & INSTALLATION; CONSTRUCTION, INSTALLATION, REPAIR OF FURNITURE, CABINETS, DRYWALL & GUTTERS; PRESSURE WASHING; CONCRETE STUCCO, FASCIA & ALUMINUM SIDING WORK AND OTHER VARIOUS REPAIRS AND /OR RENOVATION Item # 16F 1 MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND IMMOKALEE HELPING OUR PEOPLE IN EMERGENCIES, INC. (D /B /A I HOPE, INC.) IN SUPPORT OF EMERGENCY MANAGEMENT ACTIVITIES RELATED TO NATURAL & MANMADE HAZARD EMERGENCY RESPONSE Item #I 6F2 SUBMISSION AND THE CHAIRMAN TO SIGN A VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION TO FLORIDA DIVISION OF FORESTRY FOR EQUIPMENT TO COMBAT BRUSH FIRES — REQUIRES A 50% LOCAL MATCH OF $4900 WITH THE FUNDS USED TO PURCHASE A PORTABLE SKID UNIT CONSISTING OF A TANK, PUMP & HOSE REEL THAT WILL BE MOUNTED ON THE DEPARTMENT'S F -250 TO HELP FIGHT BRUSH FIRES Item #161`3 WAIVING FORMAL COMPETITION UNDER PURCHASING POLICY SECTION V.A.4 TO APPROVE SARASOTA COUNTY'S HOSTED APPLICATION SERVICE & LICENSE AGREEMENT Page 234 April 24, 2012 AMENDMENT NO. 1 TO GOVMAX V5 UNDER CONTRACT 411-5617 FOR AN AMOUNT UP TO $50,000 ANNUALLY FOR MAINTENANCE, SUPPORT AND ENHANCEMENTS TO THE GOVMAX BUDGET SOFTWARE Item #I 6F4 RESOLUTION 2012 -67: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO FYI 1- 12 ADOPTED BUDGET Item # 16H 1 PROCLAMATION RECOGNIZING MAY 3, 2012 AS THE NATIONAL DAY OF PRAYER THAT WILL BE PRESENTED BY COMMISSIONER COLETTA ON MAY 39 2012 IN EVERGLADES CITY AT THE NATIONAL DAY OF PRAYER EVENT. SPONSORED BY COMMISSIONER COLETTA — ADOPTED Item #161-12 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED A ROTARY CLUB OF MARCO ISLAND SUNRISE BREAKFAST ON APRIL 2, 2012. $12 PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE BISTRO SOLEIL RESTAURANT, 100 PALM STREET, MARCO ISLAND. FLORIDA Item #161-13 Page 235 April 24, 2012 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED A MARCO POLICE FOUNDATION LUNCHEON APRIL 18, 2012. $20 PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT HIDEAWAY BEACH CLUB, 250 SOUTH BEACH DRIVE, MARCO ISLAND. FL Item #161-14 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE LOCAL CHAPTER OF BUSINESS WOMEN'S LUNCHEON APRIL 25, 2012. $20 PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE TOWN CENTER MALL'S ISLANDER RESTAURANT, 1093 N. COLLIER AVENUE, MARCO ISLAND, FLORIDA Item #161-15 RESOLUTION 2012 -68: AMENDING RESOLUTION 2011 -235 AS IT RELATES TO THE REAPPOINTMENT OF WILLIAM E. ARTHUR. THIS WILL STAGGER APPOINTMENT TERMS FOR MEMBERS OF THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE, APPROVED UNDER AGENDA ITEM #I OD AT THE APRIL 10, 2012 BCC MEETING Item #1611 & #1612 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED — NOTHING SUBMITTED TO THE BMR DEPARTMENT FOR FILING INTO THE BOARD'S RECORD Page 236 April 24, 2012 Item # 16J 1 AFTER - THE -FACT APPROVAL FOR THE SHERIFF'S OFFICE TO SUBMIT A FY2012 COPS HIRING PROGRAM GRANT TO THE U.S. DEPARTMENT OF JUSTICE — A 3 -YEAR GRANT APPLICATION REQUEST FOR $5005000 REQUIRING A LOCAL MATCH OF $2981000 FOR FUNDS USED TO HIRE ENTRY - LEVEL LAW ENFORCEMENT OFFICERS OR TO RE -HIRE DEPUTIES LAID OFF AS A RESULT OF BUDGET CUTS AND INCLUDES A REQUIREMENT THAT ALL NEW ENTRY LEVEL OFFICERS HIRED ARE MILITARY VETERANS WHO HAVE SERVED ON ACTIVE DUTY FOR A PERIOD OF ATLEAST 180 DAYS, ANY PART OF WHICH OCCURRED ON OR AFTER SEPTEMBER 11, 2001 AND REQUIRES CCSO TO ADD FOUR POSITIONS TO THEIR CURRENT BUDGETED POSITIONS AND RETAIN THOSE POSITIONS BY PAYING 100% OF THE SALARIES AND BENEFITS FOR THE MINIMUM OF 1 -YEAR AFTER THE 3 -YEAR FEDERAL FUNDING ENDS Item #I 6J2 DISBURSEMENTS FOR THE PERIOD OF MARCH 24, 2012 THROUGH MARCH 30, 2012 AND SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J3 DISBURSEMENTS FOR THE PERIOD OF MARCH 31, 2012 THROUGH APRIL 6, 2012 AND SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Page 237 April 24, 2012 Item #I 6J4 PURSUANT TO FLORIDA STATUTE 318.18(13)(B) THE CLERK OF THE CIRCUIT COURT'S REQUIRED REPORT OF TRAFFIC INFRACTION SURCHARGES COLLECTED UNDER FLORIDA STATUTE 318.18(13)(A)(1) TO THE BOARD OF COUNTY COMMISSIONERS — COLLECTING REVENUE OF $330,405.94 Item # 16J5 — Moved to Item # 13A (Per Agenda Change Sheet) Item #I 6J6 — Added (Per Agenda Change Sheet) BOARD OF COUNTY COMMISSIONERS SERVE AS LOCAL COORDINATING UNIT OF GOVERNMENT FOR FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S FEDERAL FY2012 EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) COUNTYWIDE PROGRAM AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CERTIFICATION OF PARTICIPATION, DESIGNATE THE SHERIFF THE OFFICIAL APPLICANT, THE SHERIFF'S OFFICE STAFF AS THE GRANT FINANCIAL AND PROGRAM MANAGERS, APPROVE THE GRANT APPLICATION WHEN COMPLETED AND AUTHORIZE ACCEPTANCE OF AWARDS AND ASSOCIATED BUDGET AMENDMENTS (SHERIFF'S DEPARTMENT REQUIRES BOARD APPROVAL IN ORDER TO CONTINUE IN THE CAPACITY OF LOCAL COORDINATING AGENCY RECEIVING THE EDWARD BYRNE MEMORIAL JAG GRANT FUNDING) Item # 16K 1 — Moved to Item # 12A (Per Agenda Change Sheet) Item #I 6K2 — Moved to Item # 12B (Per Agenda Change Sheet) Page 238 April 24, 2012 Item #I 7A RESOLUTION 2012 -69: VAC- PL20120000308, TO DISCLAIM, RENOUNCE AND VACATE COUNTY AND PUBLIC INTEREST IN PART OF A 30 -FOOT WIDE PUBLIC ROAD RIGHT -OF -WAY EASEMENT, ORIGINALLY RECORDED IN PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA AND MORE SPECIFICALLY SHOWN IN EXHIBIT A Item #I 7B THIS ITEM IS BEING CONTINUED TO THE MAY 8, 2012 BCC MEETING. PETITION: VAC- PL20120000308, TO DISCLAIM, RENOUNCE AND VACATE COUNTY AND PUBLIC INTEREST IN TWO CONSERVATION EASEMENTS REPLACED WITH TWO ALTERNATE CONSERVATION EASEMENTS LOCATED IN THE SAME PARCEL OF LAND ON AN INTERIM BASIS, ORIGINALLY RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND MORE SPECIFICALLY SHOWN IN EXHIBIT A Item #17C RESOLUTION 2012 -70: VA- PL2010 -2285, LOT 801 PLANTATION ISLAND, THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTS A VARIANCE FROM SUBSECTION 4.02.14.C.4 OF THE LAND DEVELOPMENT CODE (MANGROVE TREES), ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY. FLORIDA Page 239 1 April 24, 2012 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:17 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS /EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL FRED COYLE, ATTEST: DWIGHT E. BROCK, CLERK j c r rw i These minutes app r ed by the Board on 2 2 1 Z , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 240