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BCC Minutes 07/24/2012 R BCC REGULAR MEETING MINUTES JULY 24, 2012 July 24, 2012 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida July 24, 2012 LET IT BE REMEMBERED, that the Collier County Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta Donna Fiala Tom Henning Georgia Hiller ALSO PRESENT: Leo E. Ochs, Jr., County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Ian Mitchell, Executive Manager to BCC Mike Sheffield, Business Operations Manager — CMO Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 July 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 Page 1 July 24, 2012 COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112 -5356, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Richard Rogers - Unity of Naples Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Page 2 July 24, 2012 B. June 12, 2012 - BCC/Regular Meeting C. June 26, 2012 - BCC/Regular Meeting 3. SERVICE AWARDS A. EMPLOYEE 1) 20 Year Attendees a) Edwin Barroso, Parks & Recreation 2) 25 Year Attendees a) Patrick Webb, Facilities Management b) Steven Ritter, Transportation Engineering c) Ramiro Ponce, Road Maintenance d) Richard Noonan, Building Review & Permitting e) Willie Bullard, Traffic Operations 3) 30 Year Attendees a) Joseph Chirico, Road Maintenance 4. PROCLAMATIONS A. Proclamation designating August 10th, 1 lth and 12th as Spirit of '45 Days in Collier County. To be accepted by event chairs Lois Bolin and Myra Williams and Veterans Peter Thomas, Greg Garcia, Homer Helter, Helmie McCardy, Don Tallon and Pappy Wagner. Sponsored by Commissioner Coyle. 5. PRESENTATIONS Page 3 July 24, 2012 A. Presentation of the Collier County Business of the Month for July 2012 to Wynn's Market. To be accepted by Jeff Wynn; Peter Seyez, General Manager; Larry Landberg, Store Manager; and Evelyn Dickerson, Executive Bookkeeper and Wynn's employee for 57 years. B. Recommendation to recognize Judy Puig, Operations Analyst, Operations and Regulatory Management Department, as the Employee of the Month for July 2012. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS Item 8 and Item 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. Recommendation to consider a resolution amending Development Order No. 85 -4, as amended, for Petition DOA - PL20100001550, The Parklands Development of Regional Impact (DRI), by providing for Section One: Amendments to the Development Order including amendments to the Findings of Fact section to reflect changes in acreages for various components of the project and removal of conversion table; reducing the number of dwelling units from 1,603 to 850; increasing the preserve area to 341 acres, deleting golf course as a permitted use and adding a build -out date; amendments to the Conclusions of Law section amending the following subsections: Education subsection to provide for dedication instead of donation of a school site; amendments to Fire Protection subsection to remove requirement of fair share contribution to capital and operating expenses and replace with payment of impact fees; amendments to the Fiscal subsection to remove the requirement that the construction of a segment of Logan Boulevard will be at no cost to the County; amendments to the Transportation subsection to reflect removal of proportionate share requirements for off -site road segments and removal of traffic monitoring report; removal of Wastewater Management subsection; amendments to Water Supply subsection to identify water supply; Page 4 July 24, 2012 amendment to re- number the Leapfrog Development subsection; amendments to the General Considerations subsection to make minor language changes and change reporting to biennial; removal of the Water Management subsection; removal of the Environmental Considerations subsection; removal of the Transportation subsection; removal of the Utilities subsection; removal of the Mosquito Control subsection; removal of Parks and Open Space subsection; removal of exemptions to subdivision regulations; Section Two: Findings of Fact: extending the buildout date to January 22, 2026; Section Three: Conclusions of Law; Section Four: Effect of Previously Issued Development Orders and Transmittal to the Department of Community Affairs; and Providing for an Effective Date. The subject property is located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26 East, Collier County, Florida. This is a companion Item to #913, #111 and # 12A. 9. ADVERTISED PUBLIC HEARINGS A. Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance number 04- 41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter 1 — General Provisions, including Section 1.08.02 Definitions; Chapter 2 — Zoning Districts and Uses, including Section 2.03.01 Agricultural Zoning Districts, Section 2.03.07 Overlay Zoning Districts, Section 2.03.08 Rural Fringe Zoning Districts; Chapter Three — Resource Protection, including Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, Section 3.05.05 Criteria for Removal of Protected Vegetation, Section 3.05.07 Preservation Standards, Section 3.06.06 Regulated Wellfields, Section 3.06.07 Unregulated Wellfields, Section 3.06.12 Regulated Development; Chapter Four — Site Design and Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.04 Standards for Cluster Residential Design, Section 4.02.14 Design Standards for Development in the ST and ACSC -ST Districts, Section 4.02.17 Design Standards for Development in the BMUD- Waterfront Subdistrict, Section Page 5 July 24, 2012 4.02.18 Design Standards for Development in the BMUD- Residential Subdistrict (RI), Section 4.02.19 Design Standards for Development in the BMUD- Residential Subdistrict (R2), Section 4.02.20 Design Standards for Development in the BMUD- Residential Subdistrict (R3), Section 4.02.21 Design Standards for Development in the BMUD- Residential Subdistrict (R4), Section 4.02.35 Design Standards for Development in the GTMUD- Mixed Use Subdistrict (MXD), Section 4.02.36 Design Standards for Development in the GTMUD- Residential Subdistrict (R), Section 4.05.02 Design Standards, Section 4.05.04 Parking Space Requirements, Section 4.06.02 Buffer Requirements, Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights -of -Way, Section 4.06.04 Trees and Vegetation Protection, Section 4.07.02 Design Requirements; Chapter Five — Supplemental Standards, including Section 5.03.02 Fences and Walls, Section 5.03.06 Dock Facilities, Adding Section 5.03.07 Portable Storage Containers, Section 5.05.08 Architectural and Site Design Standards, Section 5.06.00 Sign Regulation and Standards by Land Use Classification, Section 5.06.02 Development Standards for Signs within Residential Districts, Section 5.06.03 Development Standards for Signs for Institutional Uses, Section 5.06.04 Development Standards for Signs in Nonresidential Districts, Section 5.06.05 Exemptions from these Regulations; Chapter Six — Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.02.01 Generally, Section 6.02.03 Transportation Level of Service Requirements, Section 6.06.01 Street System Requirements, Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements; Chapter Nine — Variations from Code Requirements, including Section 9.03.02 Requirements of Continuation of Nonconformities, Section 9.04.02 Types of Variances Authorized, Adding Section 9.04.08 Administrative Adjustment; Chapter Ten — Application, Review, and Decision - making Procedures, including Section 10.01.02 Development Orders Required, Section 10.02.00 Application Requirements, 10.02.03 Submittal Requirements for Site Development Plans, Section 10.02.05 Submittal Requirements for Improvements Plans, Section 10.02.06 Submittal Requirements for Permits, Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, Section 10.02.13 Planned Unit Development (PUD) Procedures, Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, The Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board, Section 10.08.00 Conditional Uses Procedures; Appendix A — Standard Performance Security Documents for Required Page 6 July 24, 2012 Improvements; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. B. 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 consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, for Petition PUDA- PL201000015 5 1 , by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Planned Unit Development zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Parklands RPUD, to change the PUD by reducing the residential dwelling units from 1,603 dwelling units to 850 residential dwelling units, increasing the preserve to 341 acres, deleting golf courses as a permitted use, revising development standards requesting deviations from the Land Development Code, and eliminating a 7.23± acre park on property located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26 East, Collier County, Florida, consisting of 642.34± acres; providing for repeal of Ordinance No. 03 -42; and providing an effective date. This is a companion Item to #8A, #111 and #12A. 10. BOARD OF COUNTY COMMISSIONERS A. Presentation by Jerry Van Hecke and guests of the E.T. Brisson Detachment #063 Marine Corps League to this year's recipient, Commissioner Jim Coletta, District 5 for the "Good Citizenship Award." To be accepted by Jerry Van Hecke, Nick Marsit, John Marsh and Bob Kemp. B. Appointment of member to the Radio Road Beautification Advisory Committee. C. Appointment of member to the Development Services Advisory Committee. D. Appointment of member to the Immokalee Enterprise Zone Development Page 7 July 24, 2012 Agency. E. Appointment of member to the Environmental Advisory Council. F. Appointment of members to the Parks and Recreation Advisory Board. G. Advisory Board vacancies, press release dated July 23, 2012. 11. COUNTY MANAGER'S REPORT A. This item to be heard at 10:45 a.m. Recommendation to accept modifications identified by the Gordon River Greenway Stakeholders committee to pursue Option D (modified on July 10, 2012) for the re- design of the entrance to the Naples Zoo /Gordon River Greenway Park. (Steve Carnell, Interim Public Services Administrator) B. Recommendation to adopt a resolution establishing Proposed Millage Rates as the Maximum Property Tax Rates to be levied in FY 2012/13 and Reaffirm the Advertised Public Hearing dates in September, 2012 for the Budget approval process. (Mark Isackson, Corporate Financial and Management Services Director) C. Recommendation to review and provide direction to the County Manager or his designee regarding the payment of Collier County's Medicaid backlog (retrospective bills). (Mark Isackson, Corporate Financial and Management Services Director) D. Recommendation to approve the award of Request for Proposal (RFP) # 12- 5864 Annual Roadway Contractors to multiple firms for an estimated average annual amount of approximately $2,000,000. (Nick Casalanguida, Growth Management Division Administrator) E. Recommendation to approve the Collier County One Year Action Plan for FY 2012 - 2013 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs; authorize the Chairman to sign the approved resolution, Department of Housing and Urban Development Certifications, and SF 424 Application for Federal Assistance, and authorize transmittal to the United Page 8 July 24, 2012 States Department of Housing and Urban Development (HUD). (Kim Grant, Housing, Human and Veteran Services Interim Director) F. Recommendation to approve the Category "A" Tourist Development Grant applications for Beach Park Facilities for FY 2012/13 in the amount of $365,500; authorize the Chairman to sign necessary agreements following County Attorney approval; and make a finding that the expenditures will promote tourism. (Gary McAlpin, Coastal Zone Management Director) G. Recommendation to approve Category "A" Tourist Development Council Grant applications from the City of Naples, the City of Marco Island and Collier County for FY- 2012/2013 in the amount of $6,798,820 for Beach and Pass Maintenance projects; authorize the Chairman to sign grant agreements following County Attorney approval; and make a finding that these expenditures will promote tourism. (Gary McAlpin, Coastal Zone Management Director) H. Recommendation to award Request For Proposal (RFP) #12 -5836 Not -for- Profit NSP Affordable Rental Housing to the Foundation for the Developmentally Disabled and Community Assisted and Supportive Living, Inc. d/b /a Renaissance Manor and authorize the Chairman to execute agreements for the transfer of six properties on behalf of the Board of County Commissioners. (Kim Grant, Housing, Human and Veteran Services Interim Director) I. Recommendation to approve a Developer Agreement (DA) between the developer of Parklands PUD, Parklands Associates I, LLLP (Developer) and Collier County (County) to fund, design, permit, and construct Logan Boulevard North. This item is a companion to Item #8A, #9B and #12A. (Nick Casalanguida, Growth Management Division Administrator) 12. COUNTY ATTORNEY'S REPORT A. Recommendation to approve settlement prior to trial in the lawsuit entitled G.L. Homes of Naples Associates II, Ltd. v. Collier County, a political subdivision of Florida through its governing body, Board of County Commissioners of Collier County, Case No. 09- 2451 -CA, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, and authorize Page 9 July 24, 2012 the Chairman to execute the Settlement Agreement. Companion to Items #8A, #913 and #11I. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 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) 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 Runaway Bay Replat, Application Number PPLA- PL20120000266, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2) Recommendation to approve award of Contract #11-5751 to Agnoli, Barber and Brundage, Inc. for Engineering Design Services for the "Lely Area Stormwater Improvement Project (LASIP): 1) County Barn Road, 2) Wingsouth, and 3) Project Close Out" pursuant to RFP #11 -5751, in the amount of $599, 148 to Agnoli, Barber & Brundage Inc, Project #51101. Page 10 July 24, 2012 3) Recommendation to reject submittals for RFP #11-5631R for "Design -Build Naples Manor Sidewalk Improvements" construction project in the amount of $750,000 and direct staff to develop final consultant design plans for bidding the construction of sidewalk improvements, Project No. 69081. 4) Recommendation to award a contract for Bid No. 12 -5881, "Bus Shelters Repairs," to Southern Signal and Lighting, Inc. in the anticipated amount of $56,065. 5) Recommendation for approval to remove posted load restrictions of "Single Unit Truck; 31 tons" and "Combined Truck; 34 tons" on Bridge Numbers 030138, 030139, 030140 and 030141 east of S.R. 29 on Immokalee Road, Project Number 66066. 6) Recommendation to approve an Adopt -A -Road Program Agreement for Weber Boulevard South from Golden Gate Boulevard to White Boulevard for the volunteer group, North Naples Country Club. 7) Recommendation to enter into an Interlocal Agreement with Lee County related to the lease of a bus to be used for the public transit route between Lee and Collier Counties. 8) 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 Twineagles Grand Arbors Replat of Tract "H ", "I" and Block 107, Application PL20120000696, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9) Recommendation to approve the release of lien in the amount of $37,317.61 for payment of $2,717.61, in the Code Enforcement Action entitled Board of County Commissioners vs. Stan Spence and Nancy Spence, Code Enforcement Special Magistrate Case Number CEV20090004289, relating to property located at 139 Andrea Lane, Collier County, Florida. Page 11 July 24, 2012 10) Recommendation to approve the release of two liens with a combined value of $12,382.07 for payment of $2,732.07, in the Code Enforcement Action entitled Board of County Commissioners vs. James S. Loucy, Code Enforcement Special Magistrate Case Numbers CEPM20090010278 and CENA20090010129, relating to property located at 237 Burning Tree Drive, Collier County, Florida. 11) Recommendation to approve the release of lien in the amount of $11,244.08 for payment of $1,194.08, in the Code Enforcement Action entitled Board of County Commissioners vs. Neal and Mary Sweeney, Code Enforcement Special Magistrate Case Number CEPM20100009663, relating to property located at 1319 Barnstable Court, Collier County, Florida. 12) Recommendation to approve the release of lien in the amount of $192,080.57 for payment of $50,080.57, in the Code Enforcement Action entitled Board of County Commissioners vs. Edward M. Harris Jr. and Tammy Harris, Code Enforcement Board Case Number CESD20090018220, relating to property located at 5730 Cedar Tree Lane, Collier County, Florida. 13) Recommendation to approve the release of lien in the amount of $18,067.19 for payment of $1,517.19, in the Code Enforcement Action entitled Board of County Commissioners vs. Danny L. Nairn and Marie E. Nairn, Code Enforcement Special Magistrate Case Number CEPM20110004681, relating to property located at 753 93rd Avenue N., Collier County, Florida. 14) Recommendation to award Bid #12 -5884 "Installation of Wireless Detection System" for installation of Intelligent Transportation System wireless detection equipment along Airport- Pulling Road from Clubhouse Drive to Golden Gate Parkway including the intersection of Golden Gate Parkway and Bear's Paw Trail to American Lighting and Signalization, Inc. in the amount of $249,730 (Project #33165). 15) This item requires that ex parte disclosure be provided by Commission members. Should a hearinj be held on this item, all Page 12 July 24, 2012 participants are required to be sworn in. Recommendation to approve for recording the final plat of Copper Cove Preserve Unit 3, PPL20120000116, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16) Recommendation to receive and approve the Collier County Floodplain Management Plan 2011 Progress Report. 17) Recommendation to approve selection committee rankings and direct the County Manager or his designee to negotiate continuing contracts with the top five (5) ranked landscape architectural firms including: McGee & Associates, Inc., Richard Tindell d/b /a Greenwork Studio, Johnson Engineering, Inc., Goetz & Stropes Landscape Architects, Inc. and Windham Studio, Inc. for Request for Proposal (RFP) #12- 5892 Fixed Term Landscape Archtectural Services. 18) Recommendation to approve Request for Proposal (RFP) #12 -5895 Impact Fee Study final rankings and direct the County Manager to negotiate a contract for final Board review and approval. 19) Recommendation to provide direction to the County Manager or his designee to amend Resolution #97 -431, as amended, which established the general requirements and procedures for amending the Collier County Growth Management Plan (GMP). 20) Recommendation to approve a Developer Agreement between SFI Naples Reserve LLC ( "Developer ") and Collier County ( "County ") to advance funding for improvements to US -41 from Collier Boulevard to San Marco Road. This Item is a companion to Item #I 7J. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve the shortlist of engineering firms for Request for Proposal (RFP) #12 -5863 Construction Engineering Inspection (CEI) for the Immokalee Downtown Stormwater Improvements Project and to authorize staff to enter into negotiations Page 13 July 24, 2012 with the top ranked firm. 2) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Site Improvement Grant Agreement that is financially assisted by a Fifth Third Bank grant award between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. 3) Recommendation that the Community Redevelopment Agency (CRA) appoint L. Jean Jourdan as Interim Director for the Bayshore Gateway Triangle CRA and the Bayshore Beautification and Haldeman Creek Dredge Municipal Services Taxing Units. C. PUBLIC UTILITIES DIVISION 1) Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2012 tax year. 2) Recommendation to accept a Donation Agreement and a Utility Easement from the Foxfire Community Association of Collier County, a Florida non - profit corporation, to the Collier County Water - Sewer District for installation and maintenance of a monitoring well and for access on, over and across the Foxfire Golf Course, at an estimated cost not to exceed $100, Project Number 74401. 3) Recommendation to approve a work order under Request for Quotation #08- 5011 -64 in the amount of $469,607.85 to Quality Enterprises USA, Inc., for Underground Utility Contracting Services for the Wastewater Pump Station Technical Support Project No. 70046. 4) Recommendation to approve selection committee rankings and enter into negotiations with Hole Montes, Inc., for a contract for Request for Proposal No. 12 -5867, "North County Water Reclamation Facility Construction Engineering and Inspection Services for the Aerated Sludge Holding Tank/Flow Equalization Tank Construction," Project Page 14 July 24, 2012 Number 70091. 5) Recommendation to award Invitation to Bid #12-5902, "Sewage Hauling," to Dixie Drainfields, Inc., and Southern Sanitation, Inc., in the estimated annual amount of $75,000, to be shared between referenced vendors, effective August 1, 2012; and, terminate contracts procured under Invitation to Bid #09 -5300, "Sewage Hauling," to Dixie Drainfields, Inc., and Southern Sanitation, Inc., on July 31, 2012. 6) Recommendation to approve a time and materials contract in the not - to- exceed amount of $265,888.25 with Q. Grady Minor for Request for Proposal No. 11 -5708, "Construction Engineering and Inspection Services for Master Pumping Station 312 Rehabilitation," Project Number 72549. 7) Recommendation to approve an Agreement with Adam J. Piskadlo and Barbara K. Piskadlo for the purchase of property at a cost not to exceed $71, 500 for the relocation of sub - master pumping station 300.06, Project Number 70046. 8) Recommendation to negotiate the reallocation of tasks for Phase Two and Three of Contract No. 10 -5447 with EMA of Minnesota, Inc., with authorization to prepare a Request for Proposal for the purchase of Enterprise Asset Management software, in support of "Public Utilities Asset Management," Project #71012 and #73165, as well as other future projects identified within the County Manager's Agency. 9) Recommendation to award Bid Number 12 -5913, "Naples Mobile Estates Water Main Rehabilitation" in the amount of $644,619.20 to Kyle Construction Inc., to rehabilitate the potable water distribution system that serves the Naples Mobile Estates, Project No. 71010. 10) Recommendation to approve selection committee rankings and enter into negotiations with Johnson Engineering, Inc. for a contract for Request for Proposal No. 12 -5919, "Utility Design Engineering Services - U.S. 41 from C.R. 951 to Greenway Road," Project Page 15 July 24, 2012 Numbers 70045 and 73045. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve fourteen (14) satisfactions of mortgage in the amount of $145,222 of owner occupied dwelling units that have satisfied the terms of assistance. 2) Recommendation to approve an amendment to the Criminal Justice, Mental Health and Substance Abuse (CJMHSA) Grant Memorandum of Understanding (MOU) between Collier County and the Florida Department of Children and Families (DCF) for required clarifications and updates and to approve submittal of an updated budget worksheet, match commitment forms and approve amendments to the associated subrecipient agreements. 3) Recommendation to approve proposed changes to the Affordable Housing Advisory Committee Ordinance (Ordinance No. 91 -65) and direct the County Manager, County Attorney or their respective designees to advertise for ordinance changes to be approved by the Board at a future meeting. 4) Recommendation to approve two Releases of Lien for the Disaster Recovery Initiative Single Family Rehabilitation Program since the recipients of these two awards have deceased. 5) Recommendation to approve (2) Modifications to Lien Agreements for the Disaster Recovery Initiative Single Family Rehabilitation Program to reflect the grant amount actually utilized. 6) Recommendation to approve seven (7) releases of lien totaling $134,917.86 for impact fee deferrals on owner - occupied land where, ultimately, construction failed to occur. 7) Recommendation to approve one (1) satisfaction of mortgage in the amount of $5,000 for repayment received for the balance owed on a State Housing Initiatives Partnership (SHIP) loan. Page 16 July 24, 2012 8) Recommendation to approve one (1) satisfaction of mortgage to Big Cypress Housing Corporation for a State Housing Initiatives Partnership Program (SHIP) loan repayment issued to Collier County. 9) Recommendation to approve a modification to Disaster Recovery Initiative (DRI) Grant Agreement # l ODB-D4-09-2 1 -01 -K09 between the Florida Department of Economic Opportunity (DEO) and Collier County to add two (2) new projects made possible from reprogrammed funds of an under budget project, approve new associated subrecipient agreements and amend a current subrecipient agreement to accommodate these changes with no additional funds. 10) Recommendation to approve and authorize the Chairman to execute an amendment to the Florida Boating Improvement Program (FBIP) Grant FWC Contract #08079 amending the grant compensation and scope of work for the Bayview Park Improvement Project Phase I. 11) Recommendation to approve an amendment to a Subrecipient agreement between Collier County and David Lawrence Center (DLC) to operate the Collier County Drug Court Program and authorize the County Manager or his designee to request an extension from the Department of Justice (DOJ) for the Drug Court Grant. 12) Recommendation to appoint Stephen Y. Carnell, Interim Division Administrator for the Public Services Division, to execute the Federal Transit Administration's (FTA) annual certifications and assurances for Board approved grants and grant applications through the FTA's Transportation Electronic Award & Management ( "TEAM ") system. 13) Recommendation to approve the short-list of design professionals pursuant to RFP #12 -5868 and to enter into negotiations between Collier County and Q. Grady Minor and Associates, P.A., for "On- Call Construction Engineering and Inspections (CEI) and Related Services" for Gordon River Greenway Park, Goodlette -Frank Road and Golden Gate Parkway. 14) Recommendation to approve an after - the -fact donation and Agreement between Collier County Board of County Commissioners, Page 17 July 24, 2012 Everglades City, and the Holy Family Catholic Church in order to support the County's donation of $2,346.60 in red clay for a little league field located in Everglades City and authorize payment to Tate's Trucking for purchase and delivery of the clay. 15) Recommendation to approve after - the -fact Community Care for the Elderly, Home Care for the Elderly, and Alzheimer's Disease Initiative 2 year contract with Senior Choices f /k/a Area Agency on Aging for SWFL and approve budget amendments reflecting the difference between estimated and actual funding for FYI 2-13 State General Revenue Seniors Programs (First Year Fiscal Net Impact: $3,916). 16) Recommendation to accept assets donated to Collier County for exhibition at the Naples Depot Museum and authorization for the Chairman to sign the required documents to transfer ownership of the 1941 Tumblebug Swamp Buggy and the 1955 Chevrolet Bel Air to Collier County. 17) Recommendation to approve: (1) a one -time exception to the Local Housing Assistance Plan (LHAP) on SHIP program guidelines, (2) two satisfactions of mortgage in the amount of $77,000 and $5,500 issued to SHIP recipient Mary Mackey for the demolition and construction of a new affordable "green" home, (3) acceptance of the deed of the property for the purpose of resale, and (4) future resale of the property to an income qualified person/household. 18) Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy anew to include a discount rate for Collier County veterans and a free rate for Collier County veterans with a 100% service connected and/or permanent and total disability rating at aquatic facilities. 19) Recommendation to approve selection committee rankings and enter into negotiations with the top ranked firm, Victor J. Latavish, P.A., for a contract for Request for Proposal No. 12 -5923, "Professional Design Page 18 July 24, 2012 Services - Eagles Lakes Community and Fitness Center," Project Number 80184. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve and execute an Agreement to provide the Collier County Library Department funding for an exterior sign at the Golden Gate Estates Library which is located at 1266 Golden Gate Boulevard West in Golden Gate Estates, in an amount not to exceed $20,000. 2) Recommendation to approve a Donation Agreement and accept an Access Easement from Hideout Golf Club, Ltd, a Florida limited partnership for access to the Conservation Collier Nancy Payton Preserve, at a cost not to exceed $1,300. 3) Recommendation to authorize the Chairman to sign the Second Amendment to the Starnes Cattle Lease Agreement and a US Department of Agriculture Control of Agricultural Land Agreement. 4) Recommendation to provide after - the -fact approval for the attached Assistance to Firefighters Grant application that was submitted to the Federal Emergency Management Agency for the purchase of three replacement ambulances for Emergency Medical Services in the amount of $575,850. 5) Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. 6) Recommendation to approve an Interlocal Agreement between Collier County and Lee County for Emergency Medical Services. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve the Memorandum of Understanding between Collier County and The Moorings Presbyterian Church in support of Emergency Management activities related to natural and Page 19 July 24, 2012 manmade hazards emergency response. 2) Recommendation to approve the submittal of a Federal Emergency Management Agency Assistance to Firefighter's Grant Application in the amount of $81,400 for the purchase of new mobile and portable radios for the Ochopee Fire Control District. 3) Recommendation to approve the submittal of a Volunteer Fire Assistance Grant Application in the amount of $2,112 to purchase Class A Foam for the Ochopee Fire Control District. 4) Recommendation to authorize Kyle Lukasz, Operations Manager Pelican Bay Services Division, to execute an Army Corps of Engineers Permit Application to perform berm maintenance within the Pelican Bay Water Management System. 5) 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) Miscellaneous correspondence to file with action as directed. Document(s) have been routed to all Commissioners and are available for review in the BCC office until approval. 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Greater Naples Chamber of Commerce Wake Up Naples Breakfast at Hilton Naples on June 13, 2012. $20 to be paid from Commissioner Coletta's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Annual Arlington Founders' Independence Day Celebration on July 3, 2012. The sum of $50 to be paid from Page 20 July 24, 2012 Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence to file with action as directed. Document(s) have been routed to all Commissioners and are available for review in the BCC office until approval. 2) Advisory Board Minutes and Agendas to file with action as directed. Document(s) have been routed to all Commissioners and are available for review in the BCC office until approval. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve and authorize the Chairman to sign an Agreement Authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Valencia Lakes Subdivision. 2) To obtain Board approval for disbursements for the period of June 9, 2012 through June 15, 2012 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of June 16, 2012 through June 22, 2012 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of June 23, 2012 through June 29, 2012 and for submission into the official records of the Board. 5) To obtain Board approval for disbursements for the period of June 30, 2012 through July 6, 2012 and for submission into the official records of the Board. 6) Submission of the investment status update report for the quarter ending June 30, 2012. Page 21 July 24, 2012 7) 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. K. COUNTY ATTORNEY 1) Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal an unnumbered ordinance codified as Sec. 78 -28 (Sale of canned goods) in the Code of Laws and Ordinances of Collier County. 2) Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal an unnumbered ordinance codified as Sec. 98 -1 (Expenditures for lighting) in the Code of Laws and Ordinances of Collier County. 3) Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal an unnumbered ordinance codified as Sec. 46 -5 (Fee for alimony payments and collection) in the Code of Laws and Ordinances of Collier County. 4) Recommendation to authorize the Chairman to sign an Engagement and Contingency Fee Agreement with Hinkle & Foran, P.A., et al., for representation in the Multi- District Litigation relating to the Deepwater Horizon Oil Spill. 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 Page 22 July 24, 2012 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 - PL20120000348, to disclaim, renounce and vacate the County and the Public interest in an unopened and unused portion of Production Boulevard (60 -foot wide Public Road right -of -way) located just north of Exchange Avenue and the dead end portion of Exchange Avenue (60 -foot wide Public Road right -of -way) located just east of Production Boulevard as originally recorded in the Plat of Collier County Production Park, Phase 1 -B, Plat Book 15, page 8, Public Records of Collier County, Florida, situated in Section 36, Township 49 South, Range 25 East, Collier County Florida being more specifically shown in Exhibit "A ". B. 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 - PL20120000927, to disclaim, renounce and vacate the County and the Public interest in part of the Conservation Easement originally recorded in Plat Book 42, pages 36 through 41, of the Public Records of Collier County, Florida, located in Section 24, Township 48 South, Range 27 East, Collier County Florida being more specifically shown in Exhibit "A ". C. Recommendation to approve amending Ordinance No. 02 -42, changing the name of the "Tuscany Reserve Community Development District" to the "Talis Park Community Development District ", pursuant to Chapter 190, Florida Statutes. Companion to Item # 17D. D. 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 consider a Resolution of the Board of County Commissioners of Collier County, Florida, renaming Tuscany Reserve Drive to Talis Park Drive, which street is located in Tuscany Reserve subdivision, located in Sections 7 and 12, Township 48 South, Ranges 25 and 26 East, Collier County, Florida; providing for an Page 23 July 24, 2012 effective date. Companion to Item #I 7C. E. 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 consider the WineLoft of Naples, a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number ABW- PL20120001079 granting a waiver pursuant to Section 5.05.01 .A.6. of the Land Development Code concerning an establishment selling alcohol for on -site consumption and deriving less than fifty -one percent of their sales from food items and having a minimum separation distance of less than 500 feet from other such establishments which are located in the Mercato Mixed Use Planned Unit Development in Section 34, Township 48 South, Range 25 East, Collier County, Florida. F. Recommendation to approve a resolution designating the Close -Out of eleven (11) adopted Planned Unit Developments (PUDs) which have fully completed development pursuant to their development orders constructing up to the authorized density and /or intensity and have been found by county staff to be compliant with their specific developer commitments. G. Recommendation to approve a resolution designating the Close -Out of four (4) adopted Planned Unit Developments (PUDs) which have fully completed all or portions of their development and have constructed up to the authorized density and /or intensity, and have been found by county staff to have only one relevant transportation commitment remaining. H. Recommendation to approve a resolution designating the Close -Out of the adopted Audubon Country Club Planned Unit Development (PUD) which has fulfilled all of their commitments within their development orders except for one transportation commitment remaining which will be tracked through the Commitment Tracking System. I. Recommendation to approve an amendment to Ordinance Number 2009 -22, the Planned Unit Development (PUD) time limits and time limit extension requirements as found in Section 10.02.13.1) of the Collier County Land Development Code (LDC). Page 24 July 24, 2012 J. 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 consider PUDA- PL2011- 1168, The Naples Reserve Golf Club Residential Planned Unit Development (RPUD), An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 07 -71, The Naples Reserve Golf Club Residential Planned Unit Development (RPUD), to remove a golf course from the RPUD; providing for amendments to permitted uses; providing for amendments to development standards; providing for amendments to master plan; providing for amendments to list of requested deviations from LDC; providing for amendments to list of developer commitments; and providing an effective date. Subject property is located one mile north of US 41 and 1 -1/2 miles east of Collier Boulevard (CR 95 1) in Section 1, Township 51 South, Range 26 East, Collier County, Florida consisting of 688 +/- acres. This is a companion to Item #16A20. K. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2011 -12 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 25 July 24, 2012 July 24, 2012 MR. OCHS: Mr. Chairman, you have a live mic. Ladies and gentlemen, please take your seats. Item # 1 A INVOCATION AND PLEDGE OF ALLEGIANCE — GIVEN BY COUNTY MANAGER LEO OCHS CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commissioners meeting is now in session. Will you please stand for the invocation by Reverend Richard Rogers of the Unity of Naples Church. (No response.) CHAIRMAN COYLE: Okay, the County Manager will substitute. MR. OCHS: Let us pray. Our Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask a special blessing on this Board of County Commissioners. Guide them in their deliberations, grant them wisdom and vision to, meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. These things we pray in your name. ` Amen. CHAIRMAN COYLE: Please remain standing for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND Page 2 July 24, 2012 SUMMARY AGENDA AS AMENDED — APPROVED AND /OR ADOPTED WITH CHANGES County Manager, would you please review the changes to the agenda this morning? MR. OCHS: Yes, sir, Mr. Chairman. Good morning, Commissioners. These are your proposed agenda changes for the Board of County Commissioners meeting of July 24 2012. First proposed change is to withdraw Item 16.H. 1. It was actually duplicated on your agenda. It remains at 16.I.1 on your agenda. That's miscellaneous correspondence. The next proposed change is to move Item 16.J.1 from your Constitutional officer consent agenda to become Item 13.A.1. It's regarding a request from the Sheriffs Office for traffic control at Valencia Lake subdivision. That item is being moved at Commissioner Coletta's request. Commissioners, the next three items asked to be continued are all PUD close -out items on your summary agenda. They are Items 17.F, 17.G and 17.H. These items are being requested to be continued to the September 11, 2012 meeting at staff s request, in conjunction with the County Attorney's Office. Commissioners, we have two time certain items today. The first item is Item 1 LA; will be heard at 10:45 a.m. And then Item 9.A will be your first advertised public hearing item to be heard, and that is at 1:00 P.M. Those are all the changes I have, Mr. Chairman. CHAIRMAN COYLE: Thank you very much. County Attorney, any changes? MR. KLATZKOW: No changes, sir. CHAIRMAN COYLE: Okay, we'll start with commissioners for any further changes and ex parte disclosure for the consent and summary agenda only. We'll begin with Commissioner Hiller. Page 3 July 24, 2012 COMMISSIONER HILLER: No changes to the agenda. As far as 8.A goes, I reviewed the staff report; I had a meeting with the owner, and emails. For 9.B, meetings again, emails again, reviewed the staff report, and again meeting with the owner's representative. On the consent agenda, no disclosures for 16.A.1, 16.A.8, 16.A.15. And for the summary agenda, 17.A, no disclosures for any of them except J where again there were meetings, emails, reviewed staff report and a meeting with Rich Yovanovich. CHAIRMAN COYLE: Okay, Commissioner Fiala? COMMISSIONER FIALA: Thank you. On the con -- by the way, I have no changes or corrections or additions to the agenda. And on the consent agenda I have -- excuse me for just a second here -- only one to disclose and that's 17.J, which is the Naples Reserve. And I met with Rich Yovanovich and James Culles, and also I met with Rich and Don Meres. And that's the only -- those are the only disclosures I have for the consent and summary agenda. CHAIRMAN COYLE: Thank you. And I have ex parte disclosure for Item 17.A. I had a meeting with Mr. Will Dempsey concerning that item. And I also had a meeting on 17.J with Mr. Rich Yovanovich. And I have no further changes to the agenda. Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir, no changes to the agenda. And the only thing I have to declare is under the summary agenda, 17.J, I reviewed the staff report and I met with Mr. Yovanovich. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: I have no ex parte on today's consent or summary, just on the regular agenda. And I have no changes to the agenda. Thank you. 00- � July 24, 2012 CHAIRMAN COYLE: Okay, is there a motion to approve? COMMISSIONER COLETTA: Motion to approve the agenda as amended. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, motion by Commissioner Coletta to approve the agenda as amended, seconded by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The agenda is approved unanimously. Page 5 Proposed Agenda Changes Board of County Commissioners Meeting July 24, 2012 Withdraw Item 16H1: Miscellaneous correspondence to file with action as directed. Document(s) have been routed to all Commissioners and are available for review in the BCC office until approval. (Staff's request, this item was inadvertently entered two times) Move Item 1611 to 13A1: Recommendation to approve and authorize the Chairman to sign an Agreement Authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Valencia Lakes Subdivision. (Commissioner Coletta's request) Continue Item 17F to the September 11, 2012 BCC Meeting: Recommendation to approve a resolution designating the Close -Out of eleven (11) adopted Planned Unit Developments (PUDs) which have fully completed development pursuant to their development orders constructing up to the authorized density and /or intensity and have been found by county staff to be compliant with their specific developer commitments. (Staff's request) Continue Item 17G to the September 11, 2012 BCC Meeting: Recommendation to approve a resolution designating the Close -Out of four (4) adopted Planned Unit Developments (PUDs) which have fully completed all or portions of their development and have constructed up to the authorized density and /or intensity, and have been found by county staff to have only one relevant transportation commitment remaining. (Staff's request) Continue Item 17H to the September 11, 2012 BCC Meeting: Recommendation to approve a resolution designating the Close -Out of the adopted Audubon Country Club Planned Unit Development (PUD) which has fulfilled all of their commitments within their development orders except for one transportation commitment remaining which will be tracked through the Commitment Tracking System. (Staff's request) ,f Time Certain Items: Item 11A to be heard at 10:45 a.m. Item 9A to be heard at 1:00 p.m. 7/24/2012 8:35 AM July 24, 2012 Item #213 and #2C BCC/REGULAR MEETING MINUTES FROM JUNE 12, 2012, AND BCC /REGULAR MEETING MINUTES FROM JUNE 26, 2012 — APPROVED AS PRESENTED CHAIRMAN COYLE: We'll go to now the approval or any changes for the BCC regular meeting for June the 12th, 2012 and the BCC regular meeting minutes June 26, 2012. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by -- COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: -- Commissioner Fiala, seconded by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING:' Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously, and the minutes for those two meetings are approved. That brings us to service awards. County Manager? Item #3A1 EMPLOYEE SERVICE AWARDS — 20 YEAR ATTENDEE July 24, 2012 MR. OCHS: Yes, sir. Mr. Chairman, if the Board would be kind enough to join us in front of the dais. We're pleased to have several awards this morning for long -term dedicated service to county government. Commissioners, our first service award this morning is recognizing 20 years of service with the county for Edwin Barroso from Parks and Rec. Ed? (Applause.) Item #3A2 EMPLOYEE SERVICE AWARDS — 25 YEAR ATTENDEES MR. OCHS: Commissioners, we're pleased this morning to recognize several employees celebrating 25 years of service with Collier County. Our first awardee is Patrick Webb from Facilities Management. (Applause.) MR. OCHS: Commissioners, celebrating 25 years of service with our Transportation Engineering Department, Steve Ritter. Steve? (Applause.) MR. OCHS Twenty -five years of service with our Road Maintenance Department, Ramiro Ponce. Ramiro? (Applause.) MR. OCHS: Celebrating 25 years of service with Building Review and Permitting, Richard Noonan. (Applause.) MR. OCHS: Twenty -five years for service in our Traffic Operations Department, Willey Bullard. (Applause.) Page 7 July 24, 2012 Item #3A3 EMPLOYEE SERVICE AWARDS — 30 YEAR ATTENDEE MR. OCHS: Commissioners, our final service award this morning, recognizing 30 years of service in county government, Joseph Chirico from Road Maintenance. (Applause.) MR. OCHS: Commissioners, that concludes our service awards this morning, thank you. Item #4A PROCLAMATION DESIGNATING AUGUST 10TH, 11 TH AND 12TH AS SPIRIT OF '45 DAYS IN COLLIER COUNTY. ACCEPTED BY EVENT CHAIRS LOIS BOLIN AND MYRA WILLIAMS AND VETERANS PETER THOMAS, GREG GARCIA, HOMER HELTER, HELMIE MCCARDY, DON TALLON AND PAPPY WAGNER — ADOPTED MR. OCHS: Mr. Chairman, that takes us to Item 4 on your agenda this morning. It's proclamations. Item 4.A is a proclamation designating August 10th, 11th and 12th as Spirit of '45 Days in Collier County. To be accepted by event chairs Lois Bolin, Myra Williams, and Veterans Peter Thomas, Greg Garcia, Homer Helter, Helmie McCardy, Don Tallon and Pappy Wagner. This proclamation is sponsored by Commissioner Coyle. If you'd all please come forward and accept your reward. (Applause.) MS. BOLIN: Commissioner Coyle and Collier County Commissioners, Mr. Ochs, Mike, we thank you so much on behalf of the World War II veterans and home -front workers for extending this July 24, 2012 proclamation for the third annual Spirit of '45. On August 14th, 2010, Congress passed a resolution making the second Sunday of August the 45th day of remembrance of America for America's greatest generation who endured the Great Depression, they preserved our freedom and went on to rebuild a shattered world, which is why we have such great economic development right here in Collier County. God bless our veterans. Thank you so much. (Applause.) Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR JULY 2012 TO WYN'S MARKET. ACCEPTED BY JEFF WYNN; PETER SEYEZ, GENERAL MANAGER; LARRY LANDBERG, STORE MANAGER; AND EVELYN DICKERSON, EXECUTIVE BOOKKEEPER AND WYNN'S EMPLOYEE FOR 57 YEARS — PRESENTED MR. OCHS: Mr. Chairman, that takes us to Item 5 on your agenda this morning, presentations. Item 5.A is a presentation of the Collier County Business of the Month for July, 2012 to Wynn's Market. To be accepted by Mr. Tim Wynn. (Applause.) MR. V�TYNN: I just would like to thank you for the award and providing us such a great community to be part of and supporting us for the last 74 years. Not me personally, I've had some help from the older generations. But anyhow, it is great to be blessed to be in Collier County, one of the few places that you can build a business and have such great success because everybody supports each other. Thank you very much. Page 9 July 24, 2012 CHAIRMAN COYLE: Thank you, Tim. We're happy to have you here. Item #5B RECOGNIZING JUDY PUIG, OPERATIONS ANALYST, OPERATIONS AND REGULATORY MANAGEMENT DEPARTMENT, AS THE EMPLOYEE OF THE MONTH FOR JULY 2012 — PRESENTED MR. OCHS: Commissioners, Item 5.B is a recommendation to recognize Judy Puig, Operations Analyst, Operations and Regulatory Management Department, as the Employee of the Month for July, 2012. Judy, please come forward. (Applause.) MR. OCHS: Stand up there while I embarrass you for a minute. Commissioners, Judy's been an employee of county government for over 24 years. As an operations analyst, Judy touches almost every aspect of our growth management division in one way or another. She has a wide range of knowledge and experience about the various sections and departments in the division and she's always willing to step in and help others whenever needed. She is the division manager for all of our agenda central items. Additionally, she coordinates many tasks for the Collier County Planning, Commission and your Development Services Advisory Committee. She always offers a constant smile and positive attitude in all of her interactions with her colleagues and her customers. Judy's truly an asset to the division, a dedicated employee and very truly deserving of this award. Commissioners, it's my great pleasure to present to you Judy Puig, your Employee of the Month for July, 2012. Congratulations, Page 10 July 24, 2012 Judy. (Applause.) MR. OCHS: Mr. Chairman, if I could backtrack just briefly and get a motion to approve the proclamation under 4.A. I apologize for the -- COMMISSIONER FIALA: Motion to approve the proclamation under 4.A. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion by Commissioner Fiala to approve the proclamation, seconded by Commissioner Coletta. And by the way, there is a notice in big red letters on my agenda that says motion to approve after the proclamations. MR. OCHS: It's the same note I have on mine, sir. CHAIRMAN COYLE: I have never noticed it or done anything about it in the three years I've been chairman. MR. OCHS: I usually rely on Commissioner Henning, he keeps me straight on that one, helps me out. CHAIRMAN COYLE: All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING- Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. MR. OCHS: Thank you, sir. Item #7A PUBLIC COMMENTS ON GENERAL TOPICS Page 11 July 24, 2012 MR. OCHS : Takes us to Item 7 this morning on your agenda, public comments on general topics. CHAIRMAN COYLE: How many comments do we have? MR. MITCHELL: Sir, we have one speaker, but someone's deferred to him, so it's Bob Krasowski, and he'll be speaking for six minutes. It was deferred by Jan Krasowski. MR. KRASOWSKL• Good morning, Commissioners. And hopefully I won't need the six minutes but it sure makes it more comfortable when you're not up against the three - minute clock. For the record, my name is Bob Krasowski. I'd like to address a couple of things regarding your beach renourishment program, as I have taken an interest and as well as other people in the community. I wanted to be sure that you were notified about the upcoming FSBPA annual conference and speaker program that will be here September 26th through 28th. And this is the Florida Shore and Beach Preservation Association. And what it is, it's the industry's collection -- conference on beach renourishment. So I hope you all can be there. I wanted -- they have a website, it's pretty easy to find, and it lists the activities over the three days. And it's really going to be very interesting. I note that the opening welcome at 1:00 p.m. on Wednesday will be given by Mayor John Sorey, and our Chairman Fred Coyle will be speaking as well, to kick off the events as a cordial welcome. They have a shoreline newsletter where you can read all about their intentions on beach renourishment. And my comment to this is they're very much -- it's all about beach renourishment and there's very little activity from the environmental side of it. There's no speeches about, you know, how to integrate beach renourishment with turtle protection or hard bottom, which is the productive ecosystem right off of the coast in various places. Of course our coastal development department is well aware of all these variables and situations, and they're developing through the permit process a position for you. Page 12 July 24, 2012 Also I wanted to point out, and I can't find this, it's eight pages, but this is a new law that just went into effect July 1 st. And in there it says that counties can use permits twice for beach renourishment. And it requires that the agencies that are reviewing the applications for these permits, that they are required to ask specific questions and set up specific criteria so that when an application's made, if it is submitted satisfactorily, then the permit will go through. We've had a problem with that in the past, I know. But this is something some of you were talking about maybe organizing an effort to go up to Tallahassee and see what all the delays are about, being we already have permits. But I think you should review this legislation, it might give you what you already want. Let's see. So I guess that's about it. I know we have a specific issue coming up later about the funding of some of your programs, and I'll have some questions in that regard. And in my conversations with you, I found that there's a lot of really good ideas floating around that might be able to help us pull off the beach renourishment projects without interfering with turtle nesting season. And that's my main focus, logistics and designing the program so that we don't interfere with the environment and natural resources. And I and others I know of will be participating in the permit process and we'll be hoping to defend the natural resources while helping you and everybody else accomplish what we want. And then one last thing: If we were to go to the basic beach renourishment, it would simplify our applications for permits now, and we'd be able to achieve them sooner than later. Although it's taken us so long to get to where we are now, we're kind of really squeezing. We've got to -- we're squeezing, you know, the time line to get something done so that we can get into the -- like from November to February of this year. Okay, thank you very; much for your attention to my comments and for your time. Page 13 July 24, 2012 CHAIRMAN COYLE: Thank you. COMMISSIONER HILLER: I'd like to ask -- CHAIRMAN COYLE: Okay, Commissioner Hiller. COMMISSIONER HILLER: Bob, thank you for bringing this to our attention. Could you give the information on the conference to Ian Mitchell so he can email it to all the commissioners so we can calendar it? Could you also give him the cite to the bill that you were referring to? You do that after, please. And have him actually send us the full copy of the bill so that we can read it? I think you raised several very interesting points, and that is that the state identifies the requirements. As you know, there are certain items on the agenda today that are going to be talking about funding for the beach renourishment permit, as well as the Wiggins Pass dredging. You raise a very good point. Because the engineers have cited that we need all sorts of data. But really, what we need is a statement from the state as to what we need, and merely comply with that and nothing more. And to the extent we can, rely on the existing monitoring reports which are done annually and paid for and another item that will be approved today. So I think you raised a very, very important point. And I would appreciate that when this agenda item comes up -- the two agenda items come up later this afternoon, if you could come back to the podium and readdress what you said this morning so it's incorporated with those agenda items for future reference. The other issue is what you said about avoiding renourishment during turtle nesting season. I would ask you to go back to the backup for this afternoon's agenda item on that matter specifically. In the backup it provides that we are actually paying a premium to be able to renourish in turtle nesting season. And I'd like to talk to you about that after and before the meeting and maybe we can talk to staff about that Page 14 July 24, 2012 together. Because I'd like more information. Because it seems that we're doing very much the opposite of what you just described. MR. KRASOWSKI: It's very, very complex and complicated, and the more options you want to entertain, the more balls you keep in the air, the longer it's going to take. But I think we are moving forward, but it's so complicated. COMMISSIONER HILLER: Unnecessarily so. MR. KRASOWSKI: That could be said, yeah. It's a point of view, right? Yeah. COMMISSIONER HILLER: Thank you, Bob. MR. KRASOWSKI: Thank you. Item #I OA PRESENTATION BY JERRY VAN HECKE AND GUESTS OF THE E.T. BRISSON DETACHMENT #063 MARINE CORPS LEAGUE TO THIS YEAR'S RECIPIENT, COMMISSIONER JIM COLETTA, DISTRICT 5 FOR THE "GOOD CITIZENSHIP AWARD." ACCEPTED BY JERRY VAN HECKE, NICK MARSIT, JOHN MARSH AND BOB KEMP — PRESENTED CHAIRMAN COYLE: Okay, that brings us to IO.A, does it? MR. OCHS Yes, sir, IO.A, Board of County Commissioners. It's the presentation by Jerry Van Hecke and guests of the E.T. Brisson Detachment #063 Marine Corps League to this year's recipient, Commissioner Jim Coletta of District 5, for the Good Citizenship Award. To be presented by Jerry Van Hecke, Nick Marsit, John Marsh and Bob Kemp. Good morning, gentlemen. MR. VAN HECKE: Good morning, Commissioners. CHAIRMAN COYLE: Why don't we have Commissioner Coletta go down in front to -- Page 15 July 24, 2012 MR. VAN HECKE: That sounds like a good idea. My name is Jerry Van Hecke. These gentlemen here are members of the Marine Corps League here in town. Thank you for allowing us to do this at the commission meeting to interrupt the proceedings here a bit. We are the E.T. Brisson Detachment of the Marine Corps League. We have been in business here for -- since the Fifties. Our namesake, E.T. Brisson was an early road builder in Collier County; built many of the roads in Collier County that we drive on today. We are an organization that is chartered by Congress. We have -- we do many things in the community. One of the many things that we do in the community is we present a good citizenship award to every -- well, we try to do it to every Eagle Scout. We don't hit every Eagle Scout when they make Eagle Scout. And it's a national award recognized by the Marine Corps League nationally, but it's given out by the local detachments. It's in recognition of the difficult work that it takes to become an Eagle Scout and the dedication that it becomes (sic) an Eagle Scout. Also when we do this, we present a challenge coin. It's a detachment challenge coin. It's a Marine Corps tradition. Maybe the Army's got the same tradition. It's given out to Marines when they do something exceptional, something above and beyond what's expected of them. And a lot is expected of Marines, by the way, as Army people. We have -- John Marsh and I were at a Eagle Scout presentation a while back and Commissioner Coletta was there participating in this. And it was because he's an Eagle Scout. And when we looked at this, John and I looked at each other and said man, we're a little bit tardy on this here, about 50 years too late for Commissioner Coletta, but we can correct this. The challenge coin, for those of you who don't -- have not -- are not familiar with it, one of the things -- it's cherished and collected by Page 16 July 24, 2012 Marines. And one of the things that Marines do with it is when you go someplace where they serve strong spirits, some Marine will get up and say challenge coin or something similar to that, and everybody gets out their challenge coin, and whoever doesn't have a challenge coin gets to buy a round of cheer for everybody. We would like to give one of these challenge coins to each one of the commissioners and to Leo Ochs, the County Manager, today. And we've checked with the lawyers; we've checked with the county lawyer, and he says it's okay. Believe me, there's not a lot of monetary value to it. It's all good feelings. So today we would like to present Jim Coletta with the Good Citizenship Award. And I guess since I've got_ it right here, I better get it out so we can give it to him. COMMISSIONER COLETTA: Thank you, Jerry. COMMISSIONER FIALA: That's so beautiful. (Applause.) COMMISSIONER COLETTA: Could we get the -- COMMISSIONER FIALA: These are beautiful. MR. VAN HECKE: I forgot to mention that the reason why we've given that to the County Manager is because it's got to be a particularly challenging situation for him to have five bosses at one time. COMMISSIONER HILLER: I thought it was because you knew he would forget it at home when we were all out together -- MR. VAN HECKE: Oh, that could be too. I didn't realize that. COMMISSIONER HILLER: And he'd have to pay. That's the part that I like. CHAIRMAN COYLE: It's going to save you a lot of money, Leo. COMMISSIONER HILLER: No, the opposite, it's going to cost you. MR. OCHS: I thought that was the chairman's -- Page 17 July 24, 2012 COMMISSIONER FIALA: Either that or maybe it's like a war zone here. MR. OCHS: There you go. COMMISSIONER FIALA: Oh, this is beautiful. Item #1013 RESOLUTION 2012 -131: APPOINTING FREDERICK G. ROGERS TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE — ADOPTED MR. OCHS: Commissioners, that takes you to Item IO.B this morning. It's appointment of member to the Radio Road Beautification Advisory Committee. CHAIRMAN COYLE: Motion to approve Frederick G. Rogers, the committee recommendation. COMMISSIONER FIALA: I second. CHAIRMAN COYLE: Okay,` motion by me to approve Frederick G. Rogers, seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) CHAIRMAN COYLE: The motion carries unanimously. Item #I OC RESOLUTION 2012 -132: APPOINTING STANLEY P. Page 18 July 24, 2012 CHRZANOWSKI TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE — ADOPTED MR. OCHS: 10.0 is appointment of member to the Development Services Advisory Committee. COMMISSIONER FIALA: Motion to approve the committee recommendation, Stan Chrzanowski. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Motion by Commissioner Fiala to recommend Stan Chrzanowski, seconded by Commissioner Henning. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Ave. 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. Item #I OD RESOLUTION 2012 -133: APPOINTING CRISTINA PEREZ TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY - ADOPTED MR. OCHS: 10.1) is appointment of member to the Immokalee Enterprise Zone Development Agency. COMMISSIONER COLETTA: Motion to approve Cristina Perez. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, Motion by Commissioner Coletta Page 19 July 24, 2012 to approve Cristina Perez, the committee recommendation. COMMISSIONER HENNING: I have a -- CHAIRMAN COYLE: Seconded by Commissioner Fiala. And Commissioner Henning has a comment. COMMISSIONER HENNING: Yeah, you know, I know Cristina, and I know what happened to the former Code Enforcement Board (sic) sitting on an advisory board. I think it becomes very challenging for that employee. I would hate to see happen with Cristina what happened to Kitchell Snow. I would hope that we can amend this ordinance to separate government from advisory positions. I think it would be a very prudent -- we've done that in the recent past. I think that Jeff, this is the only ordinance that allows for county employees to sit on? MR. KLATZKOW: I've got to go through my memory now. We have the Flood Water Management Committee that has some employees on that. COMMISSIONER HENNING: That's all over with. MR. KLATZKOW: But as a rule we do not allow employees on COMMISSIONER HENNING: That's your board, right? That's not the board's board. MR. OCHS: It was a County Manager committee sanctioned by the Board for flood plain management, yeah. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Commissioner Henning, do you have anything more? COMMISSIONER HENNING: That's it. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, I think it serves a real purpose to have this code enforcement individual on there. Firsthand knowledge coming to that organization and them being able to exercise some discretion on how it's applied. I think it's appropriate. Page 20 July 24, 2012 CHAIRMAN COYLE: Okay, the -- any concern with respect to changing the ordinance would have to be done under a different agenda item and at another meeting. If -- Commissioner Henning, if you'd like to bring that back for a future hearing -- COMMISSIONER HENNING: I'd be happy to. CHAIRMAN COYLE: -- we can certainly put that on the agenda. But in this particular case -- Commissioner Hiller, go ahead. COMMISSIONER HILLER: Yeah. And when you bring it back, Commissioner Henning, bring it for all advisory committees. It doesn't matter which one, whether it's a CRA advisory committee or this one, I don't think any employees should -- COMMISSIONER HENNING: Anything else you'd like me to do? COMMISSIONER HILLER: Well,, no, I just think if you're doing it -- you don't want me to duplicate the effort, do you? CHAIRMAN COYLE: Would you make him a list and send it down to him? COMMISSIONER HILLER: Thank you for the suggestion. COMMISSIONER HENNING: I think it's a great suggestion, I'll do that. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Just a fast question. Can you tell me what district she's in? COMMISSIONER HENNING: She doesn't live in a district. MR. MITCHELL: No, she represents -- it's actually part of the state requirement that the local -- there's a sheriff is represented and also - COMMISSIONER FIALA: But you don't -- MR. MITCHELL: -- there's a requirement -- COMMISSIONER FIALA: -- need to put the district on there? MR. MITCHELL: No, because the recommendation comes from Page 21 July 24, 2012 code enforcement. COMMISSIONER FIALA: Okay. COMMISSIONER COLETTA: But it's a state requirement? MR. MITCHELL: I think so, sir, yes. But the County Attorney will adjudge on that. COMMISSIONER HENNING: Yeah, no, it's not in the Florida statutes, it's for the CRA to have that representation, not an advisory board. Otherwise we'd have it for both. CHAIRMAN COYLE: We'll have that discussion later on. All in favor of the appointment of Cristina Perez to the Immokalee Enterprise Zone Development Agency, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, the motion carries 4 -1, with Commissioner Hiller dissenting. Item #I OE RESOLUTION 2012 -134: APPOINTING BRIAN DOYLE TO THE ENVIRONMENTAL ADVISORY COUNCIL — ADOPTED MR. OCHS: Item 10.E is appointment of member to the Environmental Advisory Council. COMMISSIONER HENNING: Move to approve Brian Doyle. CHAIRMAN COYLE: Okay, is there a second? COMMISSIONER HILLER: I'll second it. CHAIRMAN COYLE: Did I hear a second from Commissioner Page 22 July 24, 2012 Hiller? Okay. Brian Doyle is suggested by Commissioner Henning and seconded by Commissioner Hiller. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed by like sign. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It passes 4 -1, with Commissioner Fiala dissenting. CHAIRMAN COYLE: IO.F? Item #I OF RESOLUTION 2012-135: APPOINTING LENICE DELUCA AND MARY J. BILLS TO THE PARKS AND RECREATION ADVISORY BOARD — ADOPTED MR. OCHS: IO.F is appointment of members to the Parks and Recreation Advisory Board. COMMISSIONER FIALA: Motion to approve the committee recommendation, Lanise DeLuca and Mary Bills. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to approve committee recommendation for Lanise DeLuca Mary J. Bills. Seconded by Commissioner Henning. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. Page 23 July 24, 2012 COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Item #I OG ADVISORY BOARD VACANCIES, PRESS RELEASE DATED JULY 23, 2012 — PRESENTED MR. OCHS: IO.G is advisory board vacancies, press release dated July 23rd, 2012. MR. MITCHELL: Mr. Chairman, Commissioners, we have a number of vacancies. We issued a press release yesterday. The Affordable Housing Advisory Committee has one vacancy for a full member and one vacancy for an alternate member. I should mention that for the Affordable Housing Committee we are looking as well for someone to -- who resides in Immokalee. That is a requirement of the ordinance. The Animal Services Board has a vacancy for a veterinarian or vet technician. The Bayshore /Gateway Triangle Local Redevelopment Advisory Board has one vacancy. The Board of Building Adjustment and Appeals has two terms that are expiring in August. The Development Service Advisory Committee has one vacancy. The Golden Gate Estates Land Trust Committee has a vacancy. The Hispanic Affairs Advisory Committee has two vacancies. And this is -- we added this from the agenda. The Immokalee Beautification MSTU Advisory Committee has a term that's expiring in September, so there is a vacancy on that board. Page 24 July 24, 2012 And the Ochopee Fire Control District Advisory Committee has one vacancy. And the Floodplain Management Planning Committee has two vacancies. That's the vacancies as they stand at this moment. CHAIRMAN COYLE: Very well. That brings us to item number I LA; is that -- no, 1 LB; is that correct? Item #1 1 B RESOLUTION 2012 -136: ESTABLISHING PROPOSED MILLAGE RATES AS THE MAXIMUM PROPERTY TAX RATES TO BE LEVIED IN FY 2012/13 AND REAFFIRM THE ADVERTISED PUBLIC HEARING DATES IN SEPTEMBER, 2012 FOR THE BUDGET APPROVAL PROCESS — ADOPTED; BUDGET PUBLIC HEARING DATES WILL BE SEPTEMBER 6TH AND SEPTEMBER 20TH AT 5:05 P.M. MR. OCHS: 1.1.13, sir, yes. I LB is a recommendation to adopt a resolution establishing proposed millage rates as the maximum property tax rates to be levied in fiscal year 2012/2013, and reaffirm the advertised public hearing dates in September, 2012 for the budget approval process. Mark Isackson, Corporate Financial Management Services, will present. MR. ISACKSON: Commissioners, good morning. For the record, Mark Isackson with the County Manager's Office. July 1 we received certified taxable values from the Property Appraiser, and that signifies and starts the long process of approving the final millage rates and final budgets which will culminate on September 20th with your final public hearing. The trim process will culminate on October 14th when we submit Page 25 July 24, 2012 our final trim package. Before you is a resolution which establishes the maximum property tax rates to be levied across all family of Collier County funds, including the general fund and the unincorporated area general fund. Also in the resolution is a notification which verifies once again the public hearing dates in September as September 6th and September 20th, 2012, both being at 5:05 p.m. The notice that goes out from the Property Appraiser, the trim notice which goes out from the Property Appraiser will be the hearing notice for the first September hearing, which is September 6th. Commissioners, I'll be happy to answer any questions that you might have. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: And it deserves repeating, that the property tax rate will remain unchanged. MR. ISACKSON: Yes, sir. For the general fund and unincorporated area general fund. CHAIRMAN COYLE: Yes. Okay, thank you. Item #1 I C DIRECTION TO THE COUNTY MANAGER OR HIS DESIGNEE Page 26 July 24, 2012 REGARDING THE PAYMENT OF COLLIER COUNTY'S MEDICAID BACKLOG (RETROSPECTIVE BILLS) - MOTION TO ACCEPT OPTION #3 — APPROVED MR. OCHS: Item 10.0 (sic) is a recommendation to review and provide direction to the County Manager or his designee regarding the payment of Collier County's Medicaid backlog. Mr. Isackson will present. COMMISSIONER HENNING: Don't pay 'em. MR. ISACKSON: Thank you, County Manager Ochs. Again, for the record, Mark Isackson with the County Manager's Office. As the Board is well aware, the legislation that was passed this most recent session compels counties to make a backlog payment. And that backlog payment essentially is for a period of time from September of 2001 up until the current March 31 st, 2012 period. In your executive summary there are a couple of dates that are integral and that the Board should be aware of. First is the Agency for Health Care Administration will require a certification of that backlog dollar amount on August l st, which is why we're before you today. The backlog amount was originally over $3 million. And in conversations that we've had with the State Agency for Health Care Administration, Sherry Pryor in our office has been instrumental in conversations with AHCA. That amount has been reduced. There's been action by the Governor in an attempt to try and streamline some of this. I think also probably in recognition of a lawsuit that's pending with 53 other counties. That backlog amount has been reduced to a little over $2 million. That is the maximum amount of money, backlog amount that we could expect to owe under the legislation. Now, I will tell you that there are still conversations going on with my staff and with AHCA, and that amount may be -- Page 27 July 24, 2012 CHAIRMAN COYLE: Who is AHCA? MR. ISACKSON: AHCA is the Agency for Health Care Administration, sir. CHAIRMAN COYLE: Thank you. MR. ISACKSON: That amount may be further reduced. So this will be the maximum amount of dollars in terms of the backlog that we're looking to satisfy the legislation. We've laid out three options for the Board. County Manager's trying to throw those up on the visualizer. Our suggested option is option three. The first component of that option is the prepayment of $800,000 which we will do in fiscal year 2012. The second component of that will be taking the 15 percent discount off that $2 million, bringing the number down to -- after the prepayment down to about 954,000. And the third component of that is spreading the final backlog payment out over five years, through 2017. And in fact that would be budgeted annually within those respective fiscal years. The option three suggestion requires that the Board approve that option and then we would in turn convey that framework, as I might call it, to AHCA and we would proceed going forward then. Be happy to answer any questions the Board might have. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: What Medicaid money do we receive from the state? We don't. MR. ISACKSON: That's probably why I was pausing, sir. COMMISSIONER HENNING: Yeah, that's true. So it's clearly a unfunded mandate by the legislators. And that's very disappointing. They're actually -- when you have unfunded mandates, you're actually raising the taxes on our existing citizens, because they're using those funds that were paid for with something else. And it just needs to stop. Where are we with that lawsuit with the Florida legislators and Representative Hudson's Bill 508? July 24, 2012 MR. KLATZKOW: At this point in time the lawsuit continues. I'm getting the feeling that the Florida Association of Counties may decide to settle it, though, in light of some of the conversations with the Governor. COMMISSIONER HENNING: Well, if you do that, we're setting precedence so they can just do it over and over again. Do we have -- you don't have that slide showing their historical budgeting, do you? MR. OCHS: The state's budget? COMMISSIONER HENNING: Yeah. MR. OCHS: No, we don't. That's -- COMMISSIONER HENNING: I don't know if -- MR. ISACKSON: That's the one I -- is that the one I provided you, Commissioner Henning -- COMMISSIONER HENNING: Right. MR. ISACKSON: -- the full budget? COMMISSIONER HENNING: I don't know if they provided it to my colleagues, but you can see the State of Florida's historical budgeting has pretty much been flatlined to where -- and if you compare to our county, our budgeting has been -- revenues have been going down. And, you know, I would imagine it would be fair to say that would be for all the 67 counties in the State of Florida, comparing it with ours. Our revenue has been going down, but the state has been staying the same. And they've been doing the cost shifting over and over again. You know, Medicaid is a federal program that was shifted down to the states, and now the state is shifting it down to the local government. We have no reason -- the only thing that we can do is, you know, shift it to our citizens. Anyways, it's frustrating. CHAIRMAN COYLE: Yes, it is. Commissioner Fiala? COMMISSIONER FIALA: I'm so glad that you've made a point Page 29 July 24, 2012 of saying this publicly and so reporters can hear it and so forth. And it even extends beyond just this item. We have seen a number of unfunded mandates handed down to us over the recent years. And it makes it more and more difficult all the time for us to deal with our budget when this is something we had not counted on until the state hands down further requirements. And I say that word meaningfully, that we pay other items that they're not going to pay. And we do our very best, and I think we do an outstanding job, considering the fact that we also have our own things to deal with and less dollars coming in. But it's important that you've brought this to everybody's attention and I thank you for that. CHAIRMAN COYLE: Let me make sure that I clearly understand the issue here. And you stop me or correct me if I'm wrong. If a Medicaid recipient who lists their residence as being Collier County goes for medical treatment in Miami and is treated under the Medicaid program, we are allocated the costs for that person because they say they are -- they reside in Collier County; is that correct? MR. ISACKSON: That's my understanding, sir. MR. OCHS That's correct. CHAIRMAN COYLE: And so the state in many cases has not even verified whether that person is a resident of Collier County or whether they're a resident of Miami or anyplace else, but yet they want to charge this money to us based upon the mere statement that the person is a resident of Collier County, without any consideration being given to when that record was changed or the residency was changed. So the assessment of funds to us is in my opinion erroneous, and past experience has shown that, when we've tried to balance these things out, that the amount of money that the state says we owe turns out not to be the amount of money that we really owe because of incorrect state records pertaining to this -- the location of residency. Page 30 July 24, 2012 So my question at the present time is how much do you believe we really owe under this program, and do we have any way of proving that what the state has allocated to us is not the correct amount? MS. GRANT: Good morning, Commissioners, Kim Grant, Interim Director, Housing and Human Veteran Services. Hopefully what I'm about to say will help in this conversation. One of the premises of the new process that AHCA has set in place is a determination of one database and one database only that we'll be using for addresses and that is the database maintained by the Department of Children and Families. They recently came for their business, they went to all the counties around the state and they brought us a sample of approximately 100 clients, if you will, and they showed us the DCF database address and they showed us other records such as our property appraiser information here to validate that address. And their attempt was to have us review those records and see whether we thought in general the integrity of the DCF database was sufficient going forward. 1 We have completed that review and we have a few questions that we've sent back up to AHCA. But I will tell you that we surprisingly felt that the database was more accurate than not accurate. So we're not completed with that review but that actually is the foundation of their entire new process that they have gone to greater lengths to validate the address that's being utilized for the process. CHAIRMAN COYLE: Okay. So out of the total amount of money that's being assessed to us, the total amount of charges that are being assessed to us, what percentage do you think we really owe? MS. GRANT: Well, if I use the sample of 100, we have approximately 10 questions. We don't know yet what the resolution of those questions will be. CHAIRMAN COYLE: You mean 10 cases that you have a question on? Page 31 July 24, 2012 MS. GRANT: Correct, thank you very much. So if I just use that for a ballpark at this point in time, I would say that our sample showed that 90 percent was solid, 10 percent we have questions on. And I think before we move all the way forward with this, we will need to get those questions answered and be able to rely upon that. Because the other choice I have procedurally, which is not exactly what you're talking about, is on a going forward basis I have the procedural choice to have a staff member go through our own validation of all those addresses, which is what we have been doing for years and that's why we have disputed charges. So if we are really comfortable that there's a really high percentage of accuracy, like 99 percent, we will have to decide whether we also put staff time on it. But right now we're still trying to determine our confirmation of whether we feel that the process they're using in that database is valid. CHAIRMAN COYLE: Okay. So the option you're providing us today represents a recommendation to pay more or less than what the state wants to charge us? MR. ISACKSON: The state right now has told us that our certified amount is $2,046,1 -- whatever that number is, $2,046,126. CHAIRMAN COYLE: Two million, 064. MR. ISACKSON: I'm sorry,, yes. I got a -- CHAIRMAN COYLE: And I can read that without glasses. MR. ISACKSON: What I'm telling you is what will be our maximum exposure. I believe it will be lower than that based on some conversations that we're still having. In other words, there's bills that have been paid that haven't been recognized in that amount of money, and I think that number will be significantly lower than that, as much as $400,000 lower than that number. MR. OCHS: Commissioners, and the significance of all this from a timing standpoint is you really have two choices today, and we Page 32 July 24, 2012 need direction on which choice you'd prefer. The first option is to pay that fully, 100 percent of that certified number when it's finalized, ' and reserve your right to then appeal to AHCA for adjustments on or before September 1 st, which we won't meet again until after that. So this is why we're dealing with this today. The second option that's provided in the legislation is that you can take a 15 percent discount off of that certified backlog payment amount. When you do that, you waive your right to appeal at that point. And that is the recommendation that the staff is making today, based in part of what Ms. Grant just said, if historically we're disputing about 10 percent of the bills, this second option discounts that backlog by 15 percent. CHAIRMAN COYLE: That's option three, not option two. MR. OCHS: Well, the only difference between option one and three is that we're recommending if we take three that we make an early partial payment to reduce our going forward liability sir. You're right, thank you. CHAIRMAN COYLE: Okay. So if we approve option three, based upon the research you've already done, we are likely not to be paying more than we should be paying; is that correct? MR. OCHS: Yes, sir. CHAIRMAN COYLE: Okay. But you waive your right to challenge. MR. ISACKSON: That's correct. MR. OCHS: That's correct. CHAIRMAN COYLE: For how long? MR. KLATZKOW: You're waived. MR. OCHS: You waived it. CHAIRMAN COYLE: Forever? MR. OCHS: Just for the backlog. MR. KLATZKOW: For the backlog. Page 33 July 24, 2012 MR. ISACKSON: For the backlog. CHAIRMAN COYLE: And this solves the backlog problem? MR. OCHS : Yes, sir. CHAIRMAN COYLE: So it's a one -time waiver. MR.00HS: Correct. CHAIRMAN COYLE: Now, if they come back and charge us something next year, we can still oppose it, can't -- MR. ISACKSON: That's a -- MR. OCHS: Yes, sir. MR. ISACKSON: -- different mechanism. CHAIRMAN COYLE: Is that right? MR. KLATZKOW: We're settling a disputed debt is what we're doing. What the County Manager is saying is that maybe the state is 10 percent off, but you're getting a 15 percent discount. CHAIRMAN COYLE: Yeah, okay. That's what I wanted to get to. MR. ISACKSON: Well, the other thing, keep in mind that part of the legislation on the retrospective piece also impacts a revenue sharing money. By doing this, we're dictating what source of money we're using to pay this backlog. The state's not telling us to do it. So there's another advantage to this approach. CHAIRMAN COYLE: All right. MR. OCHS Commissioner, finally, on the going forward prospective billing, every month we have the opportunity to audit and challenge that invoice. CHAIRMAN COYLE: Good, good. Okay, who was first? COMMISSIONER COLETTA: I think I was. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: How long has this backlog been occurring? What is -- how old is -- how far back does this go? MR. ISACKSON: It stretches from November of 2001 to March Page 34 July 24, 2012 of 2012. COMMISSIONER COLETTA: Okay. And if we did nothing, we'd be liable for the full amount and they'd, what, sue us for it or they'd take away what services? MR. ISACKSON: Well, what we would do is if there is a -- if we challenge, then what you have is, number one, you better have a basis for the challenge. We're telling you that while we're still in discussions that the basis for that challenge below this two million 064 number probably is not going to prove to be an economic win for the county. So that's why we're suggesting you don't challenge, you take the discount and you move out. COMMISSIONER COLETTA: I hate to take a blow like this and just have to roll with it. I don't know, there is no other choices. I mean, if we don't do it then we're going to be liable for the full amount. They would what, bring suit against us, take us into court? MR. ISACKSON: No, we would just avail ourselves of the challenge process, that's all. At some point in time we're going to be paying some backlog amount. MR. OCHS: We would file the appeal, if you chose to do that. You would have to then -- they would take that out of your revenue sharing. COMMISSIONER COLETTA: Okay. So in other words, there's no way you can win this. MR. OCHS: No, no, no, they -- COMMISSIONER COLETTA: They got us. We just can't move. I mean, they got us boxed into a corner here. We either pay now or we pay later. We'll pay more later if we don't pay now. That's what I'm hearing from you. And then if we challenge it, the chances are what, we got a 10 percent -- we got 10 percent of the items that are in question that we wanted to bring some questions up, but I guess the questions we bring up might be insufficient to be able to change the direction we're going; Page 35 July 24, 2012 is that what we're saying? MR. OCHS: Yes, sir. The historical error rate is around 10 percent, in our experience. This discount is 15 percent. And that's why we believe that even if you chose to pay the full certified amount and then appeal, you're not likely to do better than the 15 percent discount. COMMISSIONER COLETTA: The state still has some restrictions too as far as what we can do as far as raising the ad valorem; is that correct? I mean, we don't plan to raise it -- MR. OCHS: You just have a statutory millage cap of 10 mills. COMMISSIONER COLETTA: Well, no, is there any other ones where it takes -- I know for a while there the state legislative body put on some restrictions, if you wanted to raise your millage, not that we're going to raise it. MR. ISACKSON: It's just a majority vote, two- thirds vote and -- COMMISSIONER COLETTA: So on one hand they place restrictions on what we can do for raising money, and then on the other hand they hand us the bills that they've been traditionally paying for us to have to take care so they can remain solvent. It's a little difficult to work with. CHAIRMAN COYLE: Well, you left out the third component. They also sponsor constitutional amendments that reduce your ability to tax and reduce tax revenue. So they put the squeeze on both ends, but yet their budget really doesn't change much. COMMISSIONER COLETTA:. Thank you. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Jeff, can you comment? MR. KLATZKOW: To put it very, very simply, what we're doing here is settling debt, all right? And the 15 percent discount is substantially more than the amount you'd be able to prevail on if you administratively challenged it. That's what I'm getting from the County Manager. Page 36 July 24, 2012 MR. OCHS: And again, that's based on our historical review of the error rate for these billings that we've received. COMMISSIONER HILLER: And what is the source of funds? Where is the 800,000 coming from? MR. ISACKSON: Ma'am, we regularly true up from the June workshop to actual values. And the submission of the tentative budget on July 17th, which you received, we regularly true up our revenue sources. In the can on the property tax side I have an additional $900,000 that I didn't have in the June budget but I had in the July budget based on reviewing our reports and the receipts that came in. So that's where we're getting the $800,000. COMMISSIONER HILLER: So do you prefer option one or option three? MR. ISACKSON: Our recommendation is option three, ma'am. COMMISSIONER HILLER: Then I make a motion to approve option three. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion, by Commissioner Hiller to approve option three, 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: Okay, the motion passes unanimously. MR. ISACKSON: Thank you, Commissioners. COMMISSIONER FIALA: That's all we can do. CHAIRMAN COYLE: Yep. Page 37 July 24, 2012 Item 411 D REQUEST FOR PROPOSAL (RFP) #12 -5864 ANNUAL ROADWAY CONTRACTORS TO MULTIPLE FIRMS FOR AN ESTIMATED AVERAGE ANNUAL AMOUNT OF APPROXIMATELY $2,000,000 - MOTION TO CONTINUE TO SEPTEMBER 11 2012 BCC MEETING — APPROVED MR. OCHS: Commissioners, that takes us to Item 10.1) (sic) on your agenda this morning. It is a recommendation to approve the award of Request for Proposal No. 12- 5864, Annual Roadway Contractors to multiple firms for an estimated average annual amount of approximately $2 million. Mr. Casalanguida will present. I'm sorry I I .D. What did I say? MR. CASALANGUIDA: You said 10.D. MR. OCHS: Yeah, old habit. Sorry. MR. CASALANGUIDA: Never correct your boss. I think I learned that lesson the hard way. Good morning, Commissioners. Just answer questions for you. This is an annual contract we put out. It's for one year plus three one -year extensions. It's only for $200,000. It's for typical work that we do within the right -of -way median work sidewalks. Anything over $200,000 goes out to bid. There were two representatives from public utilities on the selection committee and one from facilities. This contract is open to all division agencies within the County Manager organization. CHAIRMAN COYLE: Who was first, Commissioner Hiller or Commissioner Coletta? COMMISSIONER COLETTA: I think I was. CHAIRMAN COYLE: Okay, Commissioner Coletta. COMMISSIONER COLETTA: Yeah, the selection process, Nick, is it different than it has been in previous years when we worked July 24, 2012 on this contract and had the people come before us for your selection committee? MR. CASALANGUIDA: Not to my knowledge, sir. But I can as far as the selection process, I'll probably defer to purchasing on that. I just -- we'll talk about why we need the contract and what we do. So if you have a question about the process, I'll -- COMMISSIONER COLETTA: As a matter of fact, I do. I just want to have it confirmed that what we're dealing with is a process that's been in place for a long time or has it been modified from the last time we did it? MS. MARKIEWICZ: Joanne Markiewicz, the Interim Purchasing Director. The process is very similar to the predecessor contract, Commissioner. Although that predecessor contract expired about 18 months ago, so over the last 18 months we've been competitively soliciting each and every roadway project that Mr. Casalanguida's departments have. COMMISSIONER COLETTA: Now, in this process, how much of the criteria is based upon price, the value of the materials we're getting or -- MS. MARKIEWICZ: In this request for proposal process price was not considered. Experience was. From this point forward, these four companies that we're recommending will be asked to submit a price proposal for each and every job. COMMISSIONER COLETTA: Experience being number of years, performing and their number of years doing jobs for the county? MS. MARKIEWICZ: Previous performance was one criteria. The staff and subcontractor, credentials was another one, the business themselves, their experience themselves, how many jobs they've done in the past for not only county but for other work as well, and their references. Page 39 July 24, 2012 COMMISSIONER COLETTA: And was it taken into consideration whether it was a local vendor or a vendor outside of the area? MS. MARKIEWICZ: Yes, sir, local vendor preferencing was considered. And there would have been 10 points assigned to any Collier County or Lee County supplier. COMMISSIONER COLETTA: I'm going to ask the question, I have to. Joe Vanesse has been doing work for the county for many years, local vendor. What's so dramatically changed from the last time as far as that one contractor went from -- when he went through this process before and this time? Was it bad reports, higher prices, or MS. MARKIEWICZ: Sir, the process before had three contractors. Better Roads was a part of that, Vanasse Quality Enterprise was a part of that. The selection criteria would have taken in past performance here at the county. There were some concerns raised by some of the selection committee members and some of the other departments here at the county. COMMISSIONER COLETTA: Their concerns related to the different vendors? MS. MARKIEWICZ: Right. COMMISSIONER COLETTA: Not the process but the vendors. MS. MARKIEWICZ: Not the process, correct, correct, but past performance`. COMMISSIONER COLETTA: I thank you very much for explaining that to me. MS. MARKIEWICZ: Yes, sir. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yeah, with respect to the contract, the $2 million is not per vendor, it's for the totality, correct? MR. CASALANGUIDA: Repeat the question? COMMISSIONER HILLER: The two million is total to be Page 40 July 24, 2012 allocated among the four members? MR. CASALANGUIDA: It's an estimate, ma'am. COMMISSIONER HILLER: Of -- not to exceed two million? MR. CASALANGUIDA: It's an estimate, ma'am. It's not -- it's approximately $2 million. We put in a dollar amount that says what we expect to spend based on historical, you know, workload we put out. It is not just for one division, as I stated before. So if -- give you an example. If we have a problem with six or seven medians and we put them out and we may exceed that, or in any given year we may go less than that. So the contract is approximate. We just give the Board a feeling for what we've been spending historically and what we expect to expend in the future. COMMISSIONER HILLER: So in effect this is an open -ended contract? MR. CASALANGUIDA: No, ma'am, each individual work order comes forward. So it's not - COMMISSIONER HILLER: And we'll approve individual work orders? MR. CASALANGUIDA: Well, you're giving the staff the authority to enter into work orders below $200,000. Above $200,000 we go out to bid. COMMISSIONER HILLER: I mean, to give you an example, I could enter into work orders for 199,000, you know, eight times over and -- MR. CASALANGUIDA: No, it's -- COMMISSIONER HILLER: How does it work? MR. CASALANGUIDA: If purchasing or the County Attorney or even finance thinks that we're putting out multiple contracts at 199 for the same work, that throws a flag up. COMMISSIONER HILLER: Not for the same work, obviously, but for different projects. Again, I just -- I don't see the cap. I don't see the limit. And to Page 41 July 24, 2012 the extent that you can approve up to 200,000, it would be very easy to hand out very substantial work orders and exceed a limit. It doesn't take a lot in this county to get up there. MR. CASALANGUIDA: No, ma'am, just so I'm clear, I'll take you through the process of an average project and what we do. Medians on Immokalee Road have to be modified, so we would request a quote from all four of those vendors. We would look at the quote and look at the lowest bid and obviously adjust the work accordingly to meet that. But we wouldn't bid out multiple projects. In other words, it would be one project at a time that would come forward on this. COMMISSIONER HILLER: if it's under 200,000. But it wouldn't come to the Board MR. CASALANGUIDA: No, ma'am. And that's been typical. Because otherwise we wouldn't be able to get a lot of projects done quickly if every time we had to go do an advertisement, a solicitation for minor repairs. COMMISSIONER HILLER: There has to be a cap. MR. CASALANGUIDA: And it is at 200,000. MR. KLATZKOW: Do you budget for this, Nick? MR. CASALANGUIDA: Yes. MR. KLATZKOW: That's your cap. You give an annual budget for this type of work. That's his cap. MR. OCHS: Commissioner, each project will be solicited to all four of those vendors every time, so there will be competition on every single -- COMMISSIONER HILLER: No, I understand. MR. OCHS: -- work order. COMMISSIONER HILLER: My concern is how far can we go? I mean, how big is the budget for this particular type of maintenance? MR. CASALANGUIDA: Top of my head, because the budget reads for swale work, it's approximately $3 million. But it's not -- Page 42 July 24, 2012 some of these will be bid. Because some of the work we will put out will be over $200,000. This is if we get a situation where a crosswalk is -- you know, we've noticed accidents there and we've got to put in a handicap ramp. We can put this out to four contractors, get quotes quickly and be on the job, you know, in a short order. COMMISSIONER HILLER: No, I appreciate that. But again, I think there needs to be some sort of a cap not to exceed and then, you know, the budget obviously is in excess of two million. So, you know, based on this estimated average annual amount of approximately, you don't have a cap. Which means you could go up to three million if the budget is three million. MR. OCHS: That's correct. MR. CASALANGUIDA: That's correct, ma'am. And the number that's put on there is to get the contractors a feel as well for what amount of work and volume are coming out of the county. So they know if they apply for this, we put out about $2 million as a county manager agency in this type of work. It could be facilities doing an improvement where they have to do a quick modification to a driveway entrance. So we put that dollar amount based on historical spending. COMMISSIONER HILLER: Crystal, can you comment on this? MS. KINZEL: Commissioner, we've reviewed this item, and the statute does allow for policy decisions. This is a board policy decision. And then we would review each of the pay apps in conjunction with that decision. COMMISSIONER HILLER: So based on the wording here, you're not going to have a problem when Nick authorizes a work order that's going to be in excess of two million. MS. KINZEL: No, he cannot do one work order over 200,000. There are statutory limits to -- COMMISSIONER HILLER: But up to 200,000. If the Page 43 July 24, 2012 cumulative total is in excess of, you know, the two million he addresses here, you're not going to have a problem with that? MS. KINZEL: It says approximately or an estimated two million. So if the Board wants it a' hard fast not two million without coming back to you under this agreement, then that would be a policy decision of the Board and we would monitor to the two million. Otherwise, as he said, it can go up to the budget constraint and you've also given some policy authority and guidance to budget which staff can amend slightly without coming back to the Board. So it is a policy decision on the caps that you wish to set in this particular case. COMMISSIONER HILLER: And I understand your objective, Nick, and I appreciate where you're going. I would recommend that we have a cap up to $2 million, and if you need more you just come back and say we want to raise the cap. But at least that way we have a governor so that we know the totality of the expenditures under 200,000 that you're approving are limited within that range. MR. CASALANGUIDA: I can't tell you today, ma'am, if that will have an impact on what we do, but I don't think it will be a problem to come back to the Board well in advance of -- COMMISSIONER HILLER: Two million is a lot of money for the type of projects you're describing. I mean, you can readily come back. We meet often enough. MR. OCHS: Commissioner, we've got your budget cap. Whatever you decide is a budget, if you want to be more strict than that. I don't frankly see the need for it, but that's a Board decision ultimately. That's why you go through your budget each year. COMMISSIONER HILLER: Ultimately what it would mean, you know, based on what you're saying is that, you know, for all these transactions the cumulative total could be three million or whatever amendment you make to that particular budget. I think that to the extent that we're delegating this, you know, 0-M. July 24, 2012 discretionary decision - making, if we legally can, then it should be limited to two million and then just come back. MR. CASALANGUIDA: Ma'am, that's fine. I would ask that maybe we just report to the Board as we approach the two million and if we go over just give reason why. I mean, I don't think it would be to amend the contract. The contract wouldn't be amended, you're just giving me guidance (sic) to let you know and keep you informed so you're aware if that's the -- COMMISSIONER HILLER: Have you already executed these contracts? MR. CASALANGUIDA: No, ma'am, that's the next phase after you approve them. COMMISSIONER HILLER: So what difference does it make about saying not to exceed two million? MR. CASALANGUIDA: As the County Manager said, it's a policy decision. I can work with it either way. So whatever you folks decide. COMMISSIONER HILLER: I think it just keeps it simple. And that way we know, you know, that there's a limit and you just come back. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes, two things: Previously, say the last five years, has the two million, the approximately -- or approximate amount that you mentioned, is that about what we spend every year anyway? MR. CASALANGUIDA: It fluctuates, because if we have a job that's over 200,000, we bid it out of that same budget. So if we have a historical budget of $3 million and I do three or four large projects, I won't get to the two million because I'm going out to bid on a lot of these things for the discretionary under 200,000. If I'm doing a lot of small projects, it can creep up. That's why when I read the executive summary I had them put in estimated annual Page 45 July 24, 2012 amount, because it does fluctuate several hundred thousand dollars, but historically about $2 million. COMMISSIONER FIALA: And my second question is, say for instance, now we're going to be on a recess until approximately the middle of September. What happens if say for instance we have a hurricane, we have -- or some major problem that we have to go in and immediately fix and we're not even in town, we can't vote on anything, and number one, it's above the $200,000 figure. Then what do we do? Especially if it needs to be taken care of immediately. And then the second part of that same question is if it's below 200,000 and you want to just -- you know, say for instance a truck explodes or, you know, catches on fire and you have to fix that sidewalk or median or whatever immediately, how can you go about doing that? Will a cap be detrimental to you or can you work with it? MR. CASALANGUIDA: I can work with it. COMMISSIONER FIALA: Okay. MR. CASALANGUIDA: I think we have emergency powers if something comes up that's, you know, above and beyond. We have a purchasing policy that allows that. I'm not going to exceed the two million over the summer. It's something we can just monitor through our finance section. So I can work with it if the Board so wishes. CHAIRMAN COYLE: Okay, here's what's confusing. Generally our cap control comes through the budgeting process. Now, you are soliciting work for the purpose of doing road construction, intersection, turn lane, sidewalks and pathway improvements. MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: And you said that your budget is three million, but you're asking for authority to initiate this contract for the expenditure of what you estimate to be two million, but it could go to three million, right? MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: Why don't you just have a $3 million July 24, 2012 maximum, which is consistent with your budget approval, so that if you need to go above your budget approval, that is our cap, and that way we can govern it rather well. The only thing that bothers me about that is that you obviously have other work that you want to do that you haven't identified here. That's where this gets very confusing to people who are looking at it externally. It's easier for you, but I believe it probably is possible for you to issue 30 $10,000 contracts without ever coming back to the Board on this project. You see what we're talking about? MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: So there has to be some assurance that this just isn't an open checkbook. And if this is a specific project, if you can lump these things into a project and that project budget is $2 million, then that gives us some assurance that we'll have an opportunity to review any substantial deviations from that. But if the project is -- if the budget for these projects is $3 million, we ought to have that as the cap, okay? So what do we do about that? MR. CASALANGUIDA: I would prefer the budget cap, because that's what you approved. These are just two mechanisms to execute the budget you've approved. I'll give you an example, maybe it will clarify for the viewers and for you, Mr. Chairman. If I go into Golden Gate City and I make a modification to a drainage project or a swale or things like that, I've budgeted for those and I've listed those in my budget. How we execute that contract depends on the dollar threshold. If it's over 200,000, I go out to bid. If it's less than $200,000 on that project and it's something we want to do quickly, if a road collapses in because the drainage system is old corrugated steel, we move quickly and we initiate one of these work orders. So my preference would be the budget. And I can identify that and we can go back and give you the exact dollar amount. If the Page 47 July 24, 2012 Board wanted to limit a smaller amount, I can work with that. So hopefully that clarifies that. I'm not exceeding what I presented at the budget. I'm doing work that was presented to this Board at the budget. These are just mechanisms to execute the contract. CHAIRMAN COYLE: Yeah, I understand. I understand from your standpoint it is easier to do that. But it is confusing if you have a budget of $3 million, you want to spend $2 million on these projects. You haven't identified what you're going to spend the other $1 million on. If you proceed with this, you really could run up to the $3 million budget ceiling without ever coming back to us and then you say well, I had all these other projects I wanted to do and I don't have money to do it so I'm going to need some money transferred into the budget. I think what we would, at least I would, like to see and I think some of the other commissioners would like to see is a little bit more precision with respect to operating within the budgeted amount. Commissioner Henning? COMMISSIONER HENNING: Within the request for proposals, you have specific quantities and qualities? MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: Okay. So that's our control right there. That's one thing. And I would have to agree, you know, if we can -- if you want to continue this item till later on, give us an exact number you want to work with. Otherwise, you need to come back and amend this contract. COMMISSIONER HILLER: I'd say motion to continue. COMMISSIONER HENNING: Well, I don't want to do a motion to continue. Come back with a solid number during this meeting so we can -- so we' know what the exact amount is going to be. 21M July 24, 2012 MR. CASALANGUIDA: Just for clarification, when you say a solid amount, remember your public utilities division could take access to this, so could facilities. So if you want a number not to exceed, I think I can work with the other agencies and say look, based on what we're doing I don't think we'll exceed this number. COMMISSIONER HENNING: Right. No, we -- contracts should have time and amount. You know, not to exceed a certain time and a certain amount. So if we're not sure what that number (sic), then let's get a number that would work a little bit better. CHAIRMAN COYLE: And Nick -- MR. OCHS: Go ahead, sir. Nick? COMMISSIONER HENNING: But we don't have a contract for these small jobs right now. So I would like to see us approve it today but later on when -- if that number is $2 million, fine, but not an approximate. MR. OCHS: Well, it's a term contract, Commissioner. And the nature of that is you don't know going into the contract the exact amount of work you might do under that contract in a given year, so -- COMMISSIONER HENNING: No, but on the total expenses under this contract, it's not going to exceed $2 million, correct? MR. OCHS: I don't know that, sir. As I said, the cap is your budget. COMMISSIONER FIALA And we're talking about how many departments? CHAIRMAN COYLE: Yeah, here's the dilemma. You're estimating $2 million. You've already said it might go higher than that. It can go higher than that in increments of let's say $50,000 per additional work order. You can do 10 of those, right? MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: And now you've got $2.5 million into this and not once do you have to come back to the Board to review that and to approve it. You can go right on up to $3 million, which is 0=_ • July 24, 2012 the budget cap. And what I would suggest to you is that if that $3 million is designed, is budgeted for a lot of different things and you've just taken a few things and you want to spend $2 million on, then I would suggest you modify the budget so that you've got $2 million for these things that you've identified here and you've got a million dollars for these things that you expect to do in addition to that. And if you expend -- and that way you would have a budget cap for each category of contracts. And that way the Board would feel more comfortable that we would get to take a look at something when it starts exceeding those budgeted limits. Does that make sense? MR. OCHS: Commissioner, we would not exceed the budget limits in any event. As Commissioner Henning said, we've been doing these on individual work orders for the last 18 months. This term contract is a recommendation for us to be more efficient in the way we procure these services. We could keep going without the contract and just manage to the budget like we always do. I think we've hopefully established a record here over the last few years that we're not looking to spend money that doesn't need to be spent. We're just trying to get repairs done that are needed. COMMISSIONER HENNING: We're not saying that. MR. KLATZKOW: Commissioners, one approach would simply be to change it rather than estimated amount of two million up to but no more than two million. Just fix it, give him a cap. If he has to go over two million, he comes back to you. COMMISSIONER HENNING: Right. That's what Commissioner Hiller said a long time ago. But I just want to make sure that number is -- if County Manager is okay with that number. MR. OCHS: Well, sir, I'd like to continue it on that basis and then go back and check with all the divisions and get a precise count as I can historically on the amount that we spend on these kind of repairs. Page 50 July 24, 2012 Because as Nick said, there are multiple departments using this term contract. So I need to gather all of that information so we can present a complete package to the Board. So -- COMMISSIONER HENNING: Okay. MR. OCHS: -- if we could continue this till the September meeting and then we'll just continue in the meantime working off of individual work orders, if that's what the Board would prefer. CHAIRMAN COYLE: Okay, is there a motion to continue? COMMISSIONER HILLER: Motion to continue. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Motion to continue by Commissioner Hiller, seconded by Commissioner Henning. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) CHAIRMAN COYLE: We continue this until September, okay? MR. OCHS: Thank you, sir. CHAIRMAN COYLE: It is time for a break. So we'll be back here at 10 :40. MR. OCHS: Sir, you have a 10:45 time certain if you'd like to just come back and take that one; give yourself a little extra time. CHAIRMAN COYLE: You mean we're going to take a 15- minute break? MR. OCHS: Well, we're not going to be able to get this next item done in five minutes. But that's up to you. CHAIRMAN COYLE: Okay, we're going to take a 15- minute break. We'll be back at 10:45 for the time certain item. Page 51 July 24, 2012 (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commission meeting is back in session. Item #1 I A MODIFICATIONS IDENTIFIED BY THE GORDON RIVER GREENWAY STAKEHOLDERS COMMITTEE TO PURSUE OPTION D (MODIFIED ON JULY 10, 2012) FOR THE RE- DESIGN OF THE ENTRANCE TO THE NAPLES ZOO / GORDON RIVER GREENWAY PARK — APPROVED MR. OCHS: Commissioners, this is your 10:45 a.m. time certain hearing. It's Item I LA on your agenda. It's a recommendation to accept modifications identified by the Gordon River Greenway Stakeholders committee to pursue option D modified on July 10th, 2012 for the redesign of the entrance to the Naples Zoo Gordon River Greenway Park. Steve Carnell, your Interim Public Services Administrator, will present. CHAIRMAN COYLE: How many public speakers do we have, Ian? MR. MITCHELL: Sir, we have four speakers. CHAIRMAN COYLE: Okay, thank you. Go ahead, Steve. MR. CARNELL: Good morning, Mr. Chairman, members of the Board. Steve Carnell. Pursuant to the Gordon River Greenway project improvement, we've all been known and aware for some time now that we would need to make modifications to the entrance of the Naples Zoo. And you'll remember that the stakeholders committee for that Page 52 July 24, 2012 project had identified six possible options to consider, which we presented to the Board back in June, at which time the Board discussion led us to narrow our focus down to option D. And there were some questions about the details of option D and some proposed modifications that were still being discussed about option D as we came forward to print and the agenda presentation last month. So the Board, you'll remember, tasked the stakeholders committee with reconvening and reevaluating the modifications to option D so that we could finalize the direction and bring that back to you, and that's what we're prepared to do today. Those modifications have been identified in your executive summary, and I'm going to ask Michael Delate who's the engineer of record for the access road portion of this project with the zoo to come forward and explain those options to you, the modifications. MR. DELATE: Good morning, Commissioners. For the record it's Michael Delate with Q. Grady Minor and Associates. As Mr. Carnell alluded to, we had maybe prematurely discussed option D modified at the last meeting, and then subsequent to that we had a couple of stakeholders meetings. We had a technical group that met, just a few engineers, and then the fuller stakeholders group met to discuss the options in modifying option D to I guess satisfy and come to consensus. In that regard there were a number of points that were brought up by some of the stakeholders and that were discussed at the stakeholders meeting. I guess a general consensus was reached on these following points. I'll briefly describe them to you. All three ponds, so to speak, would be connected by road over pipes. Three ponds again would be the existing pond that would remain on the east side, and then the two new ponds, quote, unquote, on the south and north side of the entry. There's an existing reclinata palm there that's rather large and that we'll have in the plans and specifications to remove and replant that Page 53 July 24, 2012 along the new pond on the north side of the entry road. There would be some acknowledgment that the plant may not survive but that it would be the full intent to remove it professionally and replant it. As well it was consensus that the lilies, the coy and the turtles would be maintained or at least removed and then replanted back into the pond once they were fully established. Again, there's some biological challenges that may not allow some of those species or critters to survive. The east banks of the two ponds will have native plantings from the road to the water's edge. That will be to mask or hide the pavement there, soften the pond view from Goodlette Road. The road to the north we agreed and confirmed that the -- none of the narrowing trees would be removed during construction of that road. Part of that clearing is already commenced and once this Gordon River project is under full construction, the rest of that road clearing would be done. There's also consensus that there would be a natural wood bridge effect as you cross the entry into the zoo area. Both the north and south sides of the road, the entry there would have what we called historic or faux - looking bulkhead and railing, but not -- I guess what they don't want to have is an appearance that it was modern looking or that it was there for a while. So that's the intent of the natural wood bridge effect. We'll get into those full details later as we go into design. Again, it will be -- on the north and south side of the entrance road will have a bulkhead. That bulkhead probably will be about four feet tall'. From the water's edge to the road surface there will have to be some barrier there, but we'll use that natural wood effect to soften that barrier so it looks historic. We also looked into the potential for adding bulkhead along the west side of the ponds, both the north and south ponds, to give a greater water surface area. ' And there was consensus with the Page 54 July 24, 2012 committee that as long as there was not a guardrail or handrail needed because of the presence of the bulkhead, that we would not -- that we would use a bulkhead there. And then there would be an increased landscape buffer on the north road and zoo fence to buffer the zoo from the north road. I think a general consensus was reached on all these points, and I believe that went in front of the zoo board for further consideration, and I'll let them -- defer to them on that. The estimated project cost, increased cost over option A was about $138,000 for adding all these modifications to option D. Still under the original option D number, because we've removed much of the bulkhead and crash barrier because of the design changes. Here's a rendering of the final outcome, we believe, based on the consensus design items that were reached. As you can see, the bridge would have a -- excuse me, the entry would have a faux bridge appearance. And when I use the term faux, I use that loosely. We'll try to make that look as historic as possible but still functional. There was general consensus on a cobblestone paver appearance going in to give it an old look. And then the pond appearance, we would have a meandering littoral area to kind of soften the edges of the ponds, both on the north and south sides of the roads. But we would also have a little bit of bulkhead along the east and west sides to increase the water surface area. One of the challenges I guess would be to keep the water up at the right elevation, and fortunately we were able to utilize the existing well that's out there now to keep that water surface up and keep the ponds full looking. This is probably a little bit difficult to see on the overhead, but in essence we're looking at about 76 feet maximum water surface across the pond as if you're looking from Goodlette Road across to the east. That would be on the north side. On the south side the pond would be a little bit narrower, simply Page 55 July 24, 2012 because we would be saving the existing ficus there. And it necks down a little bit where we'd have a viewing platform along the south side of the road. We tried to incorporate, based on the committee's input or the stakeholders input some areas where public would be able to come from the south from the new zoo entry area to view the fish and the turtles and the lilies, and that would be mostly on the south side of the entry on the south side of the pond. Further, though, because of the use of the bulkhead along the west banks or along the Goodlette side banks of the lakes, or the ponds, anyone walking along Goodlette Road would be able to enjoy the view across the ponds as they walk -- use the sidewalk. Just for reference, I incorporated the existing parking area and the existing entry on the bottom portion of this visual. That view there shows the existing parking, just to give you an idea of where the new ponds would be located and where the existing pond crosses the road. So we'll bisect that existing pond, basically re -dig new ponds, both on the north side and the south side of the road. And I think based on the consensus, hopefully this is the final outcome of the pond areas. If you have any questions, I'd be glad to elaborate on them. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: I think you've done a marvelous job. I think it's absolutely fantastic to see what consensus building can produce. This is a beautiful entrance. And I think it will tremendously benefit the zoo as well as the community. So I'd like to make a motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Hiller, seconded by Commissioner Fiala and by Commissioner Henning. We have public speakers. Does anybody want to speak in Page 56 July 24, 2012 opposition to the motion? (No response.) CHAIRMAN COYLE: Does anyone want to speak at all? Is there just one person? Okay. MR. MITCHELL: Do you want to come? MR. CABRAL: Corey Cabral, and I'd like to thank you for the opportunity to be here today in front of the commissioners. The main purpose quite frankly is to just thank everybody that was involved in this process. I realize that at times it was an emotional process, there was a lot of people involved, a lot of opinions involved. But I think we proved here today that when fair - minded men and women get together for the best interest of the community, that we can build a consensus on compromise. And today we have before us quite frankly what I consider to be a grand new entrance. We've proven that a better idea is never too late. And I wanted to thank you for the opportunity. CHAIRMAN COYLE: Okay, thank you. Anyone else who is registered who wishes to speak on this issue? COMMISSIONER HILLER: I believe Mr. Barton. MR. BARTON: Good morning, Commissioners. For the record, my name is Bill Barton. I want to take just a moment to commend Ellie Krier. Ellie's out of town today. And in her absence -- as you well know, she's executive director of the Southwest Florida Land Preservation Trust. And Ellie has assisted greatly in bringing this consensus to a conclusion. And I just wanted to make note of that, that from my perspective she did a great job on this. COMMISSIONER HILLER: And so did you. CHAIRMAN COYLE: Thanks, Bill. COMMISSIONER FIALA: I was just going to say, it was you that walked up here that day. We hadn't even heard from you before and you came up with such outstanding ideas, Bill, that, you know, we Page 57 July 24, 2012 -- I think we were all really impressed. And I really want to thank you for all you did to take part in this and bring us to a wonderful conclusion. Thank you. MR. BARTON: Well, thank you. And I'll exercise what I've learned through the years, when an elected body appears to be moving in a good direction, don't talk and snatch defeat from the jaws of victory. COMMISSIONER COLETTA: Good advice. CHAIRMAN COYLE: Yes. Okay, all in favor of the motion please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. And it's a wonderful accomplishment, and congratulations to all who contributed to the solution. (Applause.) Item #1 I E RESOLUTION 2012 -137: THE COLLIER COUNTY ONE YEAR ACTION PLAN FOR FY 2012 - 2013 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS; THE CHAIRMAN TO SIGN THE APPROVED RESOLUTION, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATIONS, AND SF 424 APPLICATION FOR FEDERAL ASSISTANCE, AND Page 58 July 24, 2012 TRANSMITTAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) - ADOPTED W /STIPULATIONS MR. OCHS: Commissioners, that takes us to Item 11.E on your agenda this morning. It's a recommendation to approve the Collier County one -year action plan for fiscal year 2012 -2013 for community development block grant, home investment partnerships, and emergency solutions grant programs; authorize the Chairman to sign the approved resolution, Department of Housing and Urban Development Certifications and SF -424 application for federal assistance, and authorize transmittal to the United States Department of Housing and Urban Development. Ms. Kim Grant, your Interim Housing Human and Veteran Services. MS. GRANT: Good morning. Kim Grant again for the record. Commissioner Hiller, you looked at me like you were going to say something. Do you want to -- CHAIRMAN COYLE: No, she can't say anything because her light is not on. MS. GRANT: Okay. COMMISSIONER HILLER: Actually I'm going to be really bad. I'm going to break the law here. I'm going to tell you how happy I am that you're here presenting today. I can hardly wait to hear what you're going to announce for next year. MS. GRANT: Well, thank you. And with that opening, I actually am very happy to be here today. This is a good news item. We are here for our annual action plan for the entitlement funds. And this is the second year of our five -year consolidated plan. And we have a brief presentation for you today, just hitting on the high points of the projects that you will be -- that are on your slate for voting today. Page 59 July 24, 2012 So I'm going to turn the presentation over to Margo Castorena, your manager of these grants, and she will go through briefly what the projects are, and then we'll be happy to take any questions. MS. CASTORENA: Good morning, Commissioners. For the record Margo Castorena, Grant Operations Manager. As Ms. Grant said, we are here for the Collier County action plan for H.U.D. for the fiscal year 2012 -2013. Entitlement funds for the community development block grant are $2,496. Home initiative partnerships program, the HOME program, $456,777. And the emergency solutions grant, or what we call ESG, in the amount of 168,745. Total allocation for federal grants is $2,630,018. I'm going to give you just a highlight of some of the projects that we are funding this year. One, we are very enthusiastic about funding a grant to Youth Haven. This will do campus improvements, roof, security upgrade, cameras, fencing, hurricane windows, backup generators, hurricane doors. Again, to bring this facility so that it is safe and secure and welcoming to youths all through the county. We are also projecting to fund David Lawrence Center. They are building a structure for physical fitness. This is an attempt to assist their clients who have mental and substance and alcohol abuse. And this will be basically to help them create new good habits in lieu of previous bad ones. We are also proposing the funding of City of Naples. City of Naples is an entitlement city, and therefore we pass through their funds to them. They are proposing to do a land acquisition to provide more green space and extra parking for the Carver Center in the River Park area of Naples. One of the other programs that we will be funding is the Immokalee CRA. This is their business incubator, and they are having -- they will be assisting small businesses in the Immokalee area to start their businesses and create jobs for low and moderate income citizens July 24, 2012 in the Immokalee area. Some of the public service projects will be for the Shelter for Abused Women and Children. We are going to assist them with legal assistance to victims of domestic abuse. Some of the other public service projects are to the Housing Development of Southwest Florida. They will be doing their SHFTING program. That is Saving Housing and Foreclosure Through Intervention, Negotiation and Guidance. This provides guidance and legal assistance to homeowners who may be near or at the point of going actually into foreclosure and to help them negotiate and settle their foreclosure issues. Also, they will be presenting credit and budget counseling. This will be everything from how to maintain a checkbook, how to open credit, how to maintain credit, how to get a FICO score. And for those people who are approaching the point of buying a home, it will teach them what they need to have in order and what they should expect as they go through the home - buying process. For our HOME initiative projects, our HOME projects are basically to the Collier County Housing Authority. We will be assisting with tenant -based rental voucher. These will help people who are actually homeless to be rehoused in apartments. And the administration will be for salaries to carry out those prof ects. Lastly, the Emergency Solutions Grant. We have yet to determine the agencies that will be awarded this grant. H.U.D. has recently changed their guidance, and it has become a much more competitive type of solicitation. H.U.D. recently did a second supplementary funding of the 11 -12 year for ESG. It was due to H.U.D. 5/12. We did get our application in. It was received by H.U.D. And as soon as we get our funding for 11 -12, we will again continue the process for the 12 -13 year. Our recommendation is to approve the Collier County one -year Page 61 July 24, 2012 action plan for FY 12 -13, authorize the chair to sign the approved resolution and 424, and authorize staff to transmit the action plan to H.U.D. Lastly, I do have to give -- any questions? COMMISSIONER HILLER: Yes. CHAIRMAN COYLE: Just a moment. Commissioner Henning? COMMISSIONER HENNING: Yeah, the -- I've been working with staff and I think, Kim, you're aware of my issues. The community development block grants can be used for enhancements of communities such as Immokalee, River Park, and I know there are areas in Golden Gate that income qualifies, and all we need to do is seek out the information. Naples Manor. And I'm sure there's other communities where we can use these monies for infrastructures such as sidewalks, lighting, stormwater, things of that nature. Parks. And I know one of the ,issues in Immokalee is neighborhood parks. So since there was application for these projects, I don't have a problem with it. However, sometimes, and we've seen it over and over again, these monies are given back to the county. So -- but in the future, I would like to see the county apply these CDBG monies for community needs such as sidewalks, lighting, stormwater, so on and so forth. Because these issues are old. And we all have them in our district that we don't have the funds to do it. So why not use these funds? So, you know, I'll make a motion to approve and give staff guidance to -- for the following year. And if there's any turnback money to -- let's put it on projects within those neighborhoods. COMMISSIONER FIALA: I'll second the motion. But maybe you'll have to modify after I get my turn to speak. COMMISSIONER HENNING: Yeah, that's fine. Page 62 July 24, 2012 CHAIRMAN COYLE: Okay, we have a motion to approve with guidance that if any of the money is turned back it will be used for specific neighborhoods. Seconded by Commissioner Fiala. Commissioner Hiller? COMMISSIONER HILLER: When I was -- CHAIRMAN COYLE: Oh, first let me find out how many speakers we have. MR. MITCHELL: Sir, we just have one speaker. CHAIRMAN COYLE: Okay, go ahead, Commissioner Hiller. COMMISSIONER HILLER: When I look at the total of the CDBG funding that will be awarded to us per your application, it's $2 million. And I'm just rounding for discussion purposes. And I appreciate you going over all the specific projects and explaining to us what will be done with that money. But of that two million, there is one amount that we haven't discussed and that is 400,000 out of the two million, which is approximately 20 percent.. That represents administrative costs. It's my understanding that 400,000 is going to be going to housing, to your department? MS. GRANT: That is correct. COMMISSIONER HILLER: Okay. Well, I have a concern about that. Because I have spoken to representatives of nonprofits that have benefited from these grant applications, and it appears that there doesn't seem to be the value for the money given in support services to these nonprofits. And I understand the department has gone through transition and you're the new interim head of that department. I believe it was also a comment that was made by the external auditors that there was a concern as to, you know, what hours are actually being allocated by staff to the administration of these grants. And further, there are a lot of problems with the administration of these grants that should be resolved by housing with the sub - recipient before payments are requested. And this problem has been ongoing for Page 63 July 24, 2012 years. So I have a request, and that is that with that 400,000 -- and this we can bring back for future discussion at a later time -- that there be accounting of the time allocated by staff to the sub - recipients to do what the county is being paid for with respect to the administration and to the assistance that is intended to be provided to the sub - recipients to eliminate all the problems that we're having in our ability to pay them. The proper monitoring, the proper communication with the sub - recipients as to what they're doing, as to what they intend to do and as to the documentation that they're providing, supporting. What they have done and what they believe they're entitled to as with respect to repayment will go a long way in I believe eliminating the criticisms the external auditor has with our housing department and grant administration. So I want to point out that the county is also benefiting; the county as in county staff. And the county's budget is also benefiting by way of this grant award to the tune of 400,000. CHAIRMAN COYLE': Okay,, Commissioner Fiala? COMMISSIONER FIALA Yes, three comments. First, I'm so glad you're giving some money to Youth Haven. I went over there and took a look at the place. Actually, I went through the whole place and walked the grounds and everything. And they certainly do need that money and they provide such a great service, and I don't think they're recognized often enough. So I just wanted to underscore, that was a great suggestion. Secondly, I have to agree with Commissioner Henning, especially with regard to lighting. I think one of the things that we do not do enough of, because we don't have the money, and that is putting lights in the high crime areas. Those I think we should be concentrating on first. I've talked with FP &L. They said as long as we pay for it, they'll pull it in. But that doesn't help us any. I've talked to us, we don't have Page 64 July 24, 2012 any money to put it in. And yet those are the places that should be lighted first. So I agree with Commissioner Henning. And lastly, my third comment is I got a call just a few weeks ago from a gentleman who took his grandson over to Eagle Lakes Community Park to play, except when they got there they found there was no playground equipment there. And the guy called me and he said there's a sign that says it was supposed to be replaced by March, and he said they took it out in February and there's still no playground equipment for these children. And it's summertime and they have no place to go. That's the same park that doesn't have a community center, the only Collier County community park in the system who has no community park, so they have no summer programs or anything. Anyway, going a little bit further, I quickly got ahold of staff, another gentleman called me as well and said when are you going to put that in. Staff said oh, it's going in right away. And so they said they removed it because it was rusty and in disrepair and really couldn't be left there any longer. What they put in there was one set of bars that had four swings, a smaller set of bars that had two infant swings, and the smallest little climbing thing I've ever seen ever in there. And I said when is the rest of the stuff coming in, and they said that's all that's going in there. , Now, I'm making a point of visiting every single park in the system to see how that compares with other parks. But I can tell you that here's a park where the kids don't even have playgrounds in their backyard, much less a swing set. And we provide no playground equipment. And I think that this money ought to be dedicated to providing for playground equipment -- much needed playground equipment, I will add -- for an area where the kids come from a lower income area. And if we could do it right now, that would be wonderful. I don't know if we can. But again, according to what Commissioner Henning said, we Page 65 July 24, 2012 ought to be taking a look at some of this stuff and instead of just, you know, training somebody how to fill out forms, and that's very nice, we ought to be giving stuff that is desperately needed: Lighting in crime areas and playground equipment for kids that don't have anything to play on. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I agree, there's a lot of needs out there that have to be fulfilled. This money can only be used in certain areas. CHAIRMAN COYLE: Like roads. COMMISSIONER COLETTA: Well, no, Lime Rock Road money wouldn't apply to it. But thank you for bringing that up and giving me the segue to go into Lime Rock Road. No, I won't do that to you. But the truth of the matter is, whatever we do is going to have a cause and effect someplace else. Whenever you move funds, there's going to be an effect at the other end of the equation. It's something we're going to have to study. But if we could come up with some funds in the coming year to be able to dedicate to some of the park facilities, especially in Immokalee -- my Corkscrew Regional Park that's very dear to my heart and I know I got the support of this commission on wouldn't be eligible for these funds because it isn't in a low income area. But of course if the money was diverted to other parks in other areas, they would free up funds to be able to come back and be able to help my park, Corkscrew Regional Park, get underway. And that's something that's very important to the people in Eastern Collier County. But I do support looking into using some of these funds for street lighting, for sidewalks and especially for parks. CHAIRMAN COYLE: Okay, let's call the public speaker. MR. MITCHELL: It's Rosanne Winter from Youth Haven. - o July 24, 2012 MS. WINTER: Thank you for this opportunity to address you. As executive director of Youth Haven I am the member of the Coalition of Care that is part of Collier County's nonprofits and other agencies who are dedicated to serving those in our community who are in greatest need. And it is that group that came together to discuss what are the greatest needs, and one of the ones they decided that we needed to focus on was runaway and homeless teens. And we're talking children as young as 14 up to age 24 who have no place to go and are not always graduating from high school and getting good employment. This coalition is made up of a number of organizations, including the Sheriffs Department, the county schools and the Homeless Coalition. They came to us at Youth Haven and said you are perfectly positioned to help us fulfill a great need. In addition to this need we are also seeing more and more children who are being brought to us as part of human trafficking, and they are getting older, more intensely disturbed, have greater needs, and fewer and fewer places for them to be placed. The need for extra security, extra housing and the ability to serve this growing number of children has become critical in our community, and these funds will open the door for us to position our facility to welcome them into a safe and secure environment. And with other funds that we are seeking, we will be able to develop a very strong program to serve them, not only in their teen years to make sure that they transition into adulthood with a graduated -- good diploma from the schools and a job and a place to live. So we are raising citizens that will help us meet the needs of other citizens. Thank you for your consideration and your help in this endeavor. CHAIRMAN COYLE: Thank you. Okay, all in favor of the motion please signify by saying aye. COMMISSIONER HILLER: Aye. Page 67 July 24, 2012 COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. COMMISSIONER FIALA: Just a question on that motion. Say for instance they readdress now their -- what the money they haven't found that there could -- that it could be used a little more wisely. Are they able to move that money around now? MR. OCHS: Well, Commissioner, what we'll do, as the Board has directed, is if there are remaining funds in existing grants, just like we've done on your consent agenda today, we will come back with recommendations to reallocate those to other eligible projects, and obviously those projects will be prioritized based on the guidance that the Board just gave us this morning. We just have to make sure they're eligible and that we establish with the grantor that they're eligible expenditures. COMMISSIONER HENNING: And for next year, focus ought to be on those community needs. MR.00HS: Absolutely. COMMISSIONER FIALA: That's a great idea. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Okay, takes us to 11.F? Item 91 I F CATEGORY "A" TOURIST DEVELOPMENT GRANT APPLICATIONS FOR BEACH PARK FACILITIES FOR FY 2012/13 IN THE AMOUNT OF $365,500; THE CHAIRMAN TO SIGN NECESSARY AGREEMENTS FOLLOWING COUNTY July 24, 2012 ATTORNEY APPROVAL; AND A FINDING THAT THE EXPENDITURES WILL PROMOTE TOURISM — APPROVED MR. OCHS: Yes, sir, I LF is a recommendation to approve the Category A tourist development grant application for beach park facilities for fiscal year 2012/13 in the amount of $365,500. Mr. McAlpin, your Coastal Zone Management Director will present. MR. McALPIN: Thank you. For the record, Gary McAlpin, Coastal Zone Management. Commissioners, the five projects that we are advancing to you to be funded with TDC Category A grant funds, that's Fund 183, are a result of a workshop, the public workshop that we held, the Parks and Rec Advisory Board held, to discuss all the needs and opportunities within Parks and Rec. They felt that the projects that they had -- were positioning, the five projects were the absolute minimum that they would like to see funded this year. They represent what they believe are needs as opposed to wants. These projects were approved unanimously by the Parks and Rec Advisory Board and they were approved unanimously by the Tourist Development Council. And we're looking for authorization to approve these funds. Any questions? CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you. Gary, the Clam Bay Bridge repair, I see that you have 60,000 allocated. And I reviewed the backup material. I see that the Coast Guard cited the county for having failed to maintain the bridges operational. When do you intend to make those repairs? Because I saw that there was also a daily penalty that would be incurred in the event that these repairs were not made. July 24, 2012 MR. McALPIN: Those repairs were made using emergency funds. They were done to get the draw bridge in operation so that it could -- if someone would call in they could bring the bridge up. The money that we're asking for here supplements the repairs that were made and makes those permanent. COMMISSIONER HILLER: Thank you so much. Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Hiller, seconded by Commissioner Fiala. How many public speakers do we have? MR. MITCHELL: Sir, we have one public speaker. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: That's okay. CHAIRMAN COYLE: You want to wait till the public speaker? COMMISSIONER HENNING: No, just forget it. CHAIRMAN COYLE: Go ahead. COMMISSIONER HENNING: Go ahead. MR. MITCHELL: Bob Krasowski. MR. KRASOWSKI: Hello, Commissioners. Bob Krasowski. Looks good to me. Got to spend money to make money. COMMISSIONER HILLER: Thank you. MR. MITCHELL: Sir, that was your final speaker. CHAIRMAN COYLE: All in favor of the motion please signify by saying aye. COMMISSIONER HILLER: Ave. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed by like sign. (No response.) Page 70 July 24, 2012 CHAIRMAN COYLE: It passes unanimously. MR. McALPIN: Thank you, Commissioners. Item #1 I G CATEGORY "A" TOURIST DEVELOPMENT COUNCIL GRANT APPLICATIONS FROM THE CITY OF NAPLES, THE CITY OF MARCO ISLAND AND COLLIER COUNTY FOR FY- 2012/2013 IN THE AMOUNT OF $6,7989820 FOR BEACH AND PASS MAINTENANCE PROJECTS; THE CHAIRMAN TO SIGN GRANT AGREEMENTS FOLLOWING COUNTY ATTORNEY APPROVAL; AND A FINDING THAT THESE EXPENDITURES WILL PROMOTE TOURISM — APPROVED MR. OCHS: Commissioners, I LG is a recommendation to approve Category A Tourist Development Council grant applications from the City of Naples, the City of Marco Island and Collier County for FY 2012/2013 in the amount of $6,798,820 for the beach and pass maintenance projects. Mr. McAlpin will present. MR. McALPIN: Thank you, County Manager. Commissioners, these projects are broken down into four areas. The first is regulatory and permit compliance. These are required by DEP and the other regulatory agencies. And we're looking for $375,000 which would allow us to comply with their statutes that include sea turtle monitoring, beach tilling and physical beach and pass monitoring. The beach maintenance program for the City of Naples, Collier County and Marco Island, along with the vegetation, repair and maintenance, we're asking for $341,420 to do that. There's administration there which is made up of project management and administrating of the projects. That's $478,000 for Page 71 July 24, 2012 my staff, which includes six individuals; five individuals which would be funded from this account. Indirect costs to support the county functions and a tax collector fee. We're also asking for projects to be approved this year which would include the construction. This establishes a construction budget of $1.7 million for Wiggins Pass. It supplements the budget that was already approved for the major beach engineering by adding 490,000. It supplements the budget that was approved for Marco South by adding $100,000 to that. It authorizes and establishes a budget of $3 million for Marco Island beach renourishment and the erosion control structures. And then lastly there's an item in here for laser grading the north Marco beach. I'll answer any questions you have at this time. And I would also state that this has been approved by the Coastal Advisory Committee and also by the TDC. CHAIRMAN COYLE: How many speakers do we have, Ian? MR. MITCHELL: Sir, we have three speakers. CHAIRMAN COYLE: Do you want to wait till after the speakers, Commissioner Henning, or do you -- COMMISSIONER HENNING: That's fine. CHAIRMAN COYLE: -- want to go now? COMMISSIONER HENNING: I'll wait. CHAIRMAN COYLE: Okay, let's call the first speaker. MR. MITCHELL: The first speaker is Bob Krasowski. MR. KRASOWSKI: Hello. For the record, Bob Krasowski again. This item is much more complex. I tried to read all the backup material. Some was available on the web. I don't think all of it was. But like what I'm seeing here, and just as I was walking up, they scrolled the administration. I don't know if Gary referred to that. But anyway, I have a couple of basic questions. Page 72 July 24, 2012 The Wiggins Pass project is part of a matrix of projects that's included with the overall beach renourishment project. And so to the extent that the Wiggins Pass project is complicated, it complicates the entire effort to get permits for the overall beach renourishment program. So a simpler Wiggins Pass project could imply a quicker and easier permitting. And I'd like to hear Gary, what he has to say about that. Then also, my question would be with this scope of work and the monies allotted, is this like a preliminary assessment of the potential costs for these which will be adjusted when in fact you decide the overall program? You know, so are we locking into committing these amounts of money or is this still flexible as so much of the rest of it seems to be? And then there was a comment about included in this there was an increased payment for any work done in turtle nesting season, which one of your permits is -- with the Florida DEP is going -- is potentially going to ask for to operate in turtle nesting. But there's something in here which I didn't see, so I'm a bit confused, but I'd like clarification, that the turtle -- that any work done in turtle nesting season is more costly and would actually -- it's identified to cost like a million dollars more. So, I mean, if that's the case, how are we saving money by working in turtle nesting season when it's costing us more and it's taking us more time to do some of the more elaborate work which is pushing us into turtle nesting season? You know, so that's a big question. I'd sure like to understand that better. Thank you. MR. MITCHELL: The next speaker is Doug Fee. MR. FEE: Good morning, Commissioners. For the record, my name is Doug Fee. I'd like to speak on this item. In particular, in the grant application is an expenditure of $1.73 million for Wiggins Pass. And of course I live up in that area. I've spoken through the years on this area. Page 73 July 24, 2012 Millions of dollars have been spent on the pass over the years. In 1999 and 2000 there was a major capital project somewhere in the neighborhood of two to $4 million. We dredged out the mouth of the pass, we took out some rock and we deepened that, I'll call it the pit in front of the mouth. And from then we have proceeded each year or every other year to dredge the pass. In essence we've spent probably eight to $10 million on the pass. Today you have in front of you 1.73 million. But I've seen estimates three and four, $5 million for the actual capital project. So I don't know exactly what this -- you know, is this only half the project? Okay. You have a process that's going on. Right now I'm not aware that the Wiggins Pass inlet management plan, the new one, has been brought to you adopted, so you have some funds that are being allocated but I don't know where we're at in the process. We've had canceled sub - committee meetings for the Wiggins Pass. I know that there's a CCPC hearing coming up for the consistency. I will attend that. I feel strongly that the project as proposed is not consistent with your GMP, your LDC and your zoning maps, okay. There's plenty of evidence and written documentation from the State of Florida agencies which casts doubt on the success of this project. Questions I would have is how much will subsequent dredges be? We'll spend 1.7 million today. What will we need in the future? How often will that be? What if the dredging does not work? What then? What are we going to try? What happens if the project creates new and increased erosion in the Barefoot and Delnor- Wiggins State Park area; will the county be on the hook for lots of money in the future? And I've said this before, I believe that the amount of money that we have spent over the past 12 years, which probably is $10 million plus, that could do a lot of renourishment on our beaches that would actually benefit many more tourists who may not even be using the Page 74 July 24, 2012 pass itself. Those are basically my comments, and I appreciate your consideration. Thank you. MR. MITCHELL: The next speaker will be Joe Moreland. MR. MORELAND: Good morning, Commissioners. I'm Joe Moreland. I am president of the ECA, Estuary Conservation Association. I'll be speaking to you in that capacity. I'm also however the chairman of the Coastal Advisory Commission sub - committee on Wiggins Pass. I've been involved in this issue. You've heard me so many times so you obviously know what my message to you is. We have a constant drumroll of objections brought up mostly at the last minute when we reach to the decision points by people who do not attend many of the working committee meetings. But speaking of those working committee meetings, let me point out something very important. This process has been going on for four to five years. There have been several work groups that have addressed this. It started out with a great deal of lack of unanimity among the community. That lack of homogeneity has been done away with, except I think I just heard with an exception, which is rather typical of that exception. The Conservancy is fully in support of this. We've had positive reports in all aspects as to the community's support for doing this. We've also pointed out the economic considerations in doing this. The safety factor of the Wiggins Pass navigation capability for boaters, whether you like boaters or you don't like boaters, whether you like big boats or you don't like big boats. Boating is dangerous. Do you know that as we stand here the Coast Guard has issued a warning to mariners concerning that pass. Do you know what that does to the image of the boating community, the recreational community? And ultimately and not so far into the future, it's occurring now, Page 75 July 24, 2012 is the impact on the waterfront properties for the boating community which is 1,700 slips in that immediate estuary of waters area. Now, I know I heard my warning. What more can I say about this that you can't remember my having said before? There's not much left to be done. You're going to always get the nay sayers. And often they are exactly the same people, and often they raise exactly the same kind of rather obtuse objections, that what if, what if, what if, how much will, what's the future hold? God only knows, Commissioners. But what we do know is what we could accomplish here today, which would be an expenditure of funds to improve that navigational channel to hopefully stabilize some of the erosion that is costing us money and would allow us then to twicket (sic), we hope, to do -- to make the corrections. These things about going back to historical bad dredging, yes, we all conceded early on the major portion of the problem of that, needing to be repetitive dredging, was the result of poor dredging engineering at the very offset. But now with the state of the art such as the state of the art is, what a dangerous phrase to use, but the state of the art, the modeling -- CHAIRMAN COYLE: Joe, your time has expired. MR. MORELAND: Thank you, sir, so am I. MR. MITCHELL: Sir, that was your last -- MR. MORELAND: May the Lord give you the wisdom to do as we direct. Thank you, sir. CHAIRMAN COYLE: We need all the help we can get, Joe. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay. Gary, some questions have been raised. Will you -- do you want to try to answer them? MR. McALPIN: I would be happy to. The Wiggins Pass project is an inlet navigation project. It stands completely alone, separate and distinct from the major beach renourishment. The permits for the Wiggins Pass do no way impact or Page 76 July 24, 2012 is tied to the major beach renourishment project. There was a preliminary budget that was established. We've had an opportunity now, based on the direction that we have received from DEP, direction we have received from the Corps, the engineering work that we've done in terms of the surveys and the core soundings out there to come back with a revised budget, a straight budget that deals with the dredging of the pass. This $1.7 million is the best estimate that we have right now without going out and bidding this project. This $1.7 million is consistent with the direction that the Corps has given us and DEP has given us, direction the Board has given us and the permit application. I know of no increased payment at all or increased activity of turtle nesting to turtle nesting -- during turtle nesting season. There was a figure that was mentioned of $1 million. I have no identification of that whatsoever. That's never come out from your staff, Mr. Chair. If we do in fact do the major beach renourishment during turtle nesting season, there may be some nests in the very beginning that will have to be relocated. We think that those nests are in the range of 15 to 20 nests. That relocation cost is covered by the item that you will approve today or hopefully will approve today with the sea turtle nesting program protection -- with the sea turtle nesting program of $160,000. So I don't know of any other items that are there with that. The - it was -- nobody can give you a 100 percent guarantee that the dredging that we are proposing straightening out the pass will work 100 percent. We have identified that we're dealing with Mother Nature and there's risks associated with that. It's the best knowledge, the best information that we have. The permit will be issued by DEP. They are 100 percent supportive of what we're doing and have reviewed everything. The inlet management plan has been reproposed and has been submitted to the EAC. It will go to the Planning Commission. The Planning Commission review and approval will be required before a letter of Page 77 July 24, 2012 consistency is written. This program will not be moved forward unless it is consistent with the Growth Management Plan and all other environmental regulations that the county has. I think that those are the bulk or all the questions that were addressed, Mr. Chair. CHAIRMAN COYLE: Thank you very much. Commissioner Henning? COMMISSIONER HENNING: Well, what I heard from Doug Fee is the same concerns that this Board has had, at least certain members. We've spent a lot of money on Wiggins Pass. And we've talked about hardening the sides of Wiggins Pass. This is not hardening, it's just stride hitting (phonetic). So there's no guarantee, Mr. Moreland, that we're going to be spending more money, okay? It's simple as that. Until we start hardening it, Commissioner Coyle has said it and I agree, we're going to keep on putting more money into it. So I think Mr. Fee's comments were spot on. The question that I have on the proposal, the construction of Marco Island renourishment and erosion control structures, is that just for south Marco? MR. McALPIN: Yes, that is just for south Marco. That is the beach renourishment and rebuilding the five erosion control structures. COMMISSIONER HENNING: Now, the design and permitting for hot spots. After Debbie, Tropical Storm Debbie, I don't find an area that is not hot spot. MR. McALPIN: It is the design and the permitting for that project, Commissioner. Okay? And the hot spots were included. If there were any hot spots down on Marco, it was included there. If you're speaking of the hot spots that we have on the major beach renourishment, we do have -- it is part of the design of the project that you approved at the last board meeting. July 24, 2012 COMMISSIONER HENNING: Okay, what's this half a million dollar hot spot for? Is that just for Marco? No. Didn't say that. MR. McALPIN: I'm sorry. Oh, the 490,000? COMMISSIONER HENNING: Yeah. MR. McALPIN: That's for the -- the estimate for the engineering is one million -- all the engineering associated with this, including preconstruction surveys and post- construction surveys and post- construction biological monitoring is $1,090,000. In previous years you have approved a budget of 600,000. This is the balance required to be authorized next year, next year's budget, which would allow us to fund the project up to what we believe is the estimated cost for all the direct engineering and related engineering activities, Commissioner. COMMISSIONER HENNING: For what area? MR. McALPIN: That was for the 'main beaches: The Vanderbilt, Park Shore and Naples beaches. COMMISSIONER HENNING: Okay. So what area is not a hot spot? MR. McALPIN: The hot spot solutions was to look at -- when we looked at this, we regionally engineered it and looked at it and said okay, these are areas that are receding more. What can we do? Do we need to put additional fill material in there, do we need to remove any upstream groins, do we need to add a structure in there, and that work was done in the conceptual survey, Commissioner. CHAIRMAN COYLE: Were you next or Commissioner Hiller? COMMISSIONER FIALA: No, I think Commissioner Hiller. CHAIRMAN COYLE: Okay, Commissioner Hiller, go ahead. COMMISSIONER HILLER: Yeah, I'd like to take it section by section. The first is the regulatory and permit compliance. You've got the sea turtle protection program, beach tilling, physical beach and pass monitoring for 160,000, 15,000 and 200,000 respectively. With respect to the monitoring, we have been doing monitoring Page 79 July 24, 2012 annually. And yet when you go and put together the details of what the design permitting requirements will be for the major renourishment and the Marco renourishment, you're requiring all this additional studying, which is very expensive. I don't understand why if we've got funding for monitoring and we have these monitoring reports that those reports cannot be used and tweaked to the extent necessary as opposed to redoing or doing new work that seems to be unnecessary. And this goes back to my earlier comment this morning and that is we should be requesting of the state specifically what reports they need and tailoring the assignments accordingly. We are basically proposing a laundry list of very expensive services, very expensive reporting that I'm not sure is necessary. So I have a concern about that. MR. McALPIN: Commissioner, can I -- go ahead, I'm sorry. COMMISSIONER HILLER: And I highlighted under this section to point out that we are paying $200,000 a year for monitoring reports. And it was those monitoring reports that I referred to that were most recently done that put into question the amount of renourishment that we need under the existing permit. And as a consequence puts into question the amount of nourishment that's needed under the 10 -year design template, which is what you're funding under the next project section. Doesn't reconcile. The numbers are materially inflated. So go ahead, you can comment on that and I'll move to the -- MR. McALPIN: Commissioner, thank you. And thank you for bringing that up. We typically do -- we do a monitoring every year so that we can understand where the beaches are and we could also have a base line for any significant changes that we have. We are doing exactly what you suggested. We are going to use the monitoring that is required, the yearly monitoring that is required Page 80 July 24, 2012 for next year to be the benchmark that we will establish the design by. Let me say that again so it's clear: We're going to use the yearly monitoring for next year to be the benchmark that we'll use to establish the detailed design by. So it's not a question that we're doing the work twice. We're using -- we're going to be doing that monitoring, and that will form the basis of our design basis that we will look for in the future. COMMISSIONER HILLER: However, we have a monitoring right now and a permit in place right now that provides that we need one -half of what you are proposing. And it just doesn't make any sense. So I don't know, number one, why there is a delay and number two, why the numbers that are being used to advance these contracts that you are funding with these proposals here today are so much more. But let me continue. The question about beach tilling and beach grading, I've heard a lot of concerns about the raking of the beaches. And it appears that by constantly raking the beaches, the sand can't remain compacted. And to the extent that the sand isn't compacted, there is more erosion than we would otherwise be suffering. So I'm not sure whether it's under the beach tilling or the beach raking that this is occurring, or -- I'm sorry, the laser grading, or if there is some other maintenance that you are doing through your administrative services that is causing this repeated maintenance to soften the beaches. But I would ask that you look into it and report back to us how often you're raking the beaches and what effect that is having on erosion. MR. McALPIN: If I may, Commissioner, is that first of all, tilling is required to break up the sand on the beaches and make it less dense so that the turtles could come in and dig their nests. So the state requires us to go in and till certain areas that are for five years after renourishment. And we do that to -- so that the turtles can nest. July 24, 2012 Raking of the beaches is what we perform on a weekly basis. We will typ -- and it's part of our maintenance program for the beaches, we go through and we rake debris. Could be seaweed, could be cigarette butts, could be cups and plastic and issues, and we remove them off the beaches so that the beaches are safe and attractive. To the best of my knowledge there has never been anything that has said that beach raking hardens the beach. Because it fluffs it up and makes it more susceptible to beach erosion. But I could certainly look into that, Commissioner, that's something -- COMMISSIONER HILLER: I would appreciate that. MR. McALPIN: -- I don't know about. COMMISSIONER HILLER: I would really appreciate that. And as far as the tilling, that should be limited strictly to the period of time when the turtles are nesting and that's not going on at any other time. MR. McALPIN: It is done right before turtle nesting season begins, Commissioner, and it is only done once on the beaches, okay, once a year. COMMISSIONER HILLER:` And that's appropriate. So it's really the raking that's the issue. And it may be that it doesn't have any impact on the erosion, but I would like to know whether or not it does and whether or not -- you know, how we're doing it has an adverse consequence. So if you could report back to us and let us know, I'd appreciate it. MR. McALPIN: Be happy to. COMMISSIONER HILLER: Thank you. The next issue is projects. And I'm going to beginning with the Wiggins Pass channel straightening. Mr. Fee is correct, that million -seven is by no means the total. In fact, when you presented to us and when I spoke to the engineer, the total cost was going to be between three and $5 million. And when I look at the detailed budget that you're presenting over here, what I July 24, 2012 don't see is where is the renourishment of the beaches. I don't see that included in here. And the other concern I have about this budget is you've got a 400,000 mobilization and demobilization. But in fact this number was included in your overall beach renourishment. And we already had a number for mobilization and demobilization for the dredge included in that total project. So there seems to be some double counting, and I would appreciate if you could clarify. MR. McALPIN: I'd be happy to. The mobilization is for this specific project. It would be for a very -- it would be for a 14 -inch cutter head dredge, which would be significantly smaller and would be only for Wiggins Pass. We could not use the same equipment that we're using for the major beach renourishment to use at Wiggins Pass, because the economy of scale is so much different. I've put up on the visualizer an estimate, an engineer's estimate of what we believe the -- based on the quantities that we would be dredging from Wiggins Pass, what we believe the actual cost would be. It's $1.7 million, Commissioner. What this does, it takes 38,000, thereabouts, of sand and it builds the ebbtide shoal and it puts some of that sand on Barefoot Beach to the north. It does not -- and the reason we're only using 38,000 cubic yards is because we're taking the sand out of the pass and it's all the sand that we have. So we are taking that and we believe that putting it on the upside on Barefoot Beach will help grow the ebbtide shoal and start to repair the beach there. But it doesn't do a complete beach renourishment of Barefoot Beach because that would take an additional sand source to the tune of 200,000 -- in the range of 200,000 cubic yards. We could either do that on the major beach renourishment, which is one option that we're looking at, or we can come back and do that, that the material that we dredge out on the pass on a yearly basis over a 10 -year period, rebuild July 24, 2012 Barefoot Beach over a 10 -year period. So if the Board chooses to approve the Barefoot Beach on the major beach renourishment, we would renourish Barefoot Beach with that, or we could renourish it over a 10 -year period through the maintenance dredging. COMMISSIONER HILLER: Included in this budget you've got about 220,000 for contingencies. So the budget is actually about a million -five, approximately. Again, my understanding, this total project, based on my discussion with the engineer, is between three and five million. So I'm really concerned that this doesn't represent the full project cost and what we have to deal with prospectively. And I don't want to start something where we don't know -- and we don't know if we have the money to bring it to its proper conclusion. So I have concerns about this. MR. McALPIN: This is _a construction budget, Commissioner. We will go out and bid it and at that point in time we will know exactly what this project will cost. And at that point in time we will have -- we will know what the -- 'what it is. And if we have enough funds, we can move forward. If we don't, we'll take an alternate approach. But that activity will be brought back to this Board for their review and approval. So we would not start any work unless we had funds available to do it. COMMISSIONER HILLER: I'm also very concerned about what you said about the renourishment of Wiggins Pass beach. I mean, that beach is critically eroded. And any thought of delaying renourishment to be done over a 10 -year period, in light of the critical erosion that that beach is currently suffering, is extremely concerning. Could we go to the next item? Can we go back to your other schedule so I can address the next item? Okay, the next item is the 490,000 for the contract award. That Z_!= July 24, 2012 was approved by this Board at the last meeting to Coastal Planning and Engineering for the overall beach renourishment. And as you pointed out, that 490,000 is only a partial of the total project cost which you have now identified as about 1.1 million. Again, that is something I cannot accept for the reasons that I stated in all prior meetings where this matter was discussed. The next item that you have is the Marco Island renourishment and control structures, as well as the design and permit for a total of three million -one. In our last meeting we agreed that what was going to happen is that that Marco beach was going to be renourished to the extent of the erosion, which was 50,000 cubic yards, not 107,000 cubic yards. Because those beaches are expansive beaches and they haven't suffered critical erosion. In fact, they are about 300 feet wide, with the exception of that southern point, which is quite frankly a point I'm not sure that you want the public accessing since it's, you know, right down there by the inlet and by those breakwaters. And again, the erosion as I understand it is about 50,000 cubic yards, not 107,000 cubic yards. And we agreed that that money that wasn't used would be put aside to help with Hideaway Beach. Clearly that's not going on here. So that's an issue there. Also, with respect to the comment made by Bob Krasowski, there is an additional cost for doing this erosion -- this renourishment in turtle nesting season. You're going to be doing biological monitoring reports that you would not otherwise have to do. The cost of doing it during turtle nesting season will be more. How much more, I don't know. But very clearly this could have been avoided, it could be done outside of turtle nesting season and should be done outside of turtle nesting season. CHAIRMAN COYLE: Are you finished? COMMISSIONER HILLER: Gary, do you have any comments? July 24, 2012 MR. OCHS: Commissioner, this item was already decided by the Board, as you mentioned at a previous meeting. COMMISSIONER HILLER: Absolutely. MR. OCHS: So if there's another question related -- COMMISSIONER HILLER: And my position is -- MR. OCHS: -- to this item, we'll be happy to answer it. COMMISSIONER HILLER: -- is that for the reasons that I said before, and I will state again, I can't support what's being proposed here today because of my very serious concerns about A, how the numbers were calculated, and B, how the contract was represented by staff with respect to the services. I certainly don't understand how Mr. McAlpin and Mr. Sorey could stand here before this Board and say remodeling the beach design for a 10 -year renourishment, delaying the renourishment of these critically eroded beaches can cost exactly the same and that there would only be a $20,000 difference between doing it with the existing permit in place and given the monitoring reports that we have readily available. It just doesn't make any sense at all. And so for those reasons, I can't support it. And with respect to Marco Island, it isn't what the Board approved. We agreed that there would be a revisitation and it would only be done to the extent necessary with the balance going to Hideaway. CHAIRMAN COYLE- Okay, Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. When we were talking about turtle nesting season, I just wanted to clarify to make sure that we all are on the same page. What we're going to do is just go on the cusps, both sides, of the turtle nesting season rather than all throughout the turtle nesting -- MR. McALPIN: That is correct. COMMISSIONER FIALA: -- season; is that correct? MR. McALPIN: Yes, ma'am. COMMISSIONER FIALA: I just wanted to make sure so in case July 24, 2012 any audience members are listening, I don't want them to think that we're going to be doing this year round. We are not. Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I've heard this numerous times. I trust the committees that we have together, they're reviewing this. Do I think the data and everything that we have heard today is absolutely flawless? I doubt it. It never is going to be. But the truth of the matter is, it's the best effort that we're putting forward, it has all sorts of safeguards in place, and if it hasn't been done, I'll make a motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta, seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed by like sign. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, the motion passes 3 -2 with Commissioners Henning and Hiller dissenting. That brings us to lunch. COMMISSIONER FIALA: No, let's -- MR. McALPIN: Thank you, Mr. Chair. COMMISSIONER FIALA: We've got these gentlemen here from the disabled group regarding neighborhood stablization. Let's hear them because they've been sitting here all day. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: If you don't mind. CHAIRMAN COYLE: I don't mind. MR. KRASOWSKI: Mr. Chair, may I thank you and the other Page 87 July 24, 2012 commissioners and Mr. McAlpin for answering my questions. CHAIRMAN COYLE: No. MR. KRASOWSKI: No? Okay, thank you. COMMISSIONER HILLER: Before we go on, can I ask one question? Mr. Moreland, can I get a copy of that Coast Guard alert that you received for Wiggins Pass? MR. MORELAND: On Channel 16. COMMISSIONER HILLER: It's not something you received in writing? MR. MORELAND: No. Item #1 I H REQUEST FOR PROPOSAL (RFP):12 -5836 NOT - FOR - PROFIT NSP AFFORDABLE RENTAL HOUSING TO THE FOUNDATION FOR THE DEVELOPMENTALLY DISABLED AND COMMUNITY ASSISTED AND SUPPORTIVE LIVING, INC. D /B /A RENAISSANCE MANOR AND THE CHAIRMAN TO EXECUTE AGREEMENTS FOR THE TRANSFER OF SIX PROPERTIES ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS — APPROVED CHAIRMAN COYLE: Okay, that takes us to I LH; is that correct? MR. OCHS: Yes, sir. That's a recommendation to award request for proposal 12 -5836 Not - For - Profit NSP Affordable Rental Housing to the Foundation for the Developmentally Disabled and Community Assisted and Supportive Living, Incorporated, doing business as Renaissance Manor, and authorize the Chair to execute agreements for the transfer of six properties on behalf of the Board of County Commissioners. aff-M. July 24, 2012 Ms. Grant will very briefly present. CHAIRMAN COYLE: How many public speakers do we have? MR. MITCHELL: Sir, we have one speaker. CHAIRMAN COYLE: Okay, go ahead. MS. GRANT: I'm Kim grant, for the record, Interim Director of Housing, Human and Veteran Services. We would actually be happy to take questions or we can do a very brief presentation, whichever is your pleasure. CHAIRMAN COYLE: I like questions. Commissioner Henning? COMMISSIONER HENNING: Yeah, I got a phone call from St. Matthews House. They wasn't (sic) aware of this RFP. They have an existing facility in Golden Gate, apartment complex that's maintained very well. I don't understand why they didn't have the opportunity to do that. MS. MARKIEWICZ: Joanne Markiewicz, Interim Purchasing Director for the county. Commissioner Henning, on December 22nd, before we formally advertised the solicitation, we notified approximately 15 different email addresses, sent a letter out to them indicating that we anticipated this solicitation being posted. Specifically from St. Matthews House. We did have an email address. So again, approximately 50 different not - for - profits were notified. And then when we eventually formally posted the submittal, well over 300 different companies and not - for - profits were notified. MR. OCHS: St. Matt's is on that original notification, sir. COMMISSIONER HENNING: Okay. I don't know why -- I had a conversation with a director saying we knew nothing about it. MR. OCHS : I don't know. CHAIRMAN COYLE: You have a copy of the email going to St. Matthews House? MS. GRANT: We do. July 24, 2012 CHAIRMAN COYLE: Then I'd suggest you give that to Commissioner Henning, he can give it to that director, and the director can take it up with that staff person. MS. GRANT: Will do. COMMISSIONER HENNING: Is it valid? Is it a valid email? Was it kicked back. MS. GRANT: There were certain addresses that were kicked back, and we tried to follow up on them. But the one to St. Matt's House -- I'm just going to double check -- we're just double checking. I don't think that was the one that was kicked back. COMMISSIONER HENNING: Okay. MS. GRANT: It was not kicked back, it went through. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you very much. I'll tell you, we have exhausted this thing. We've brought it full circle. We've come up with a wonderful solution to be able to meet a community need. The disabled adult association is going to be able to put this to use in good order. I make a motion for approval. COMMISSIONER FIALA: Second that motion. CHAIRMAN COYLE: Motion of approval by Commissioner Coletta, seconded by Commissioner Fiala. Commissioner Hiller, you want to wait till after the public speaker? COMMISSIONER HILLER: Sure, I'll wait, and then I'll bring up a few comments. CHAIRMAN COYLE: Let's call the first speaker. The only speaker, I think. CHAIRMAN COYLE: The speaker is Susan Suarez. MS. SUAREZ: Thank you. I'm Susan Suarez. I'm the Executive Director of Eden Autism Services. And while I'm very happy for the Foundation for the Developmentally Disabled, and I'm sure they'll put this to a wonderful Page 90 July 24, 2012 use, we also were not notified. I received a call from Georgia Hiller letting me know about this. We would have been more than happy to apply, but I had no idea. COMMISSIONER HILLER: Thank you. Can you stay up there? CHAIRMAN COYLE: Okay, Commissioner Hiller, go ahead. COMMISSIONER HILLER: Thank you. Susan, I called you this morning to find out if you had heard about it, because I had heard that organizations throughout the county had not been notified. And in fact as part of my review of this agenda item, I communicated with staff to find out who they had shared this offer with. And I found that it was a very limited list. And it was a very selective list. And I found that that broader list when they did the general RFP out to the community, it included, yes, about 300 entities or individuals that wouldn't in any way be interested in this at all. It was just, you know, whoever has ever signed up to be notified received. I am very concerned about the process as to how the organizations were selected for notification. And it's the process that I think we need to focus on with respect to this bid award. I personally support the Foundation for the Developmentally Disabled. I go every year to their event. I think the work they do is outstanding. I also happen to think the same of Eden. I think the same of many other organizations out there that assist individuals that need housing. And this is exactly the type of program that allows, you know, for fulfilling that need. However, what we have here is an unfair process. And I cannot support the award to the Foundation for the Developmentally Disabled because of how the process was handled by purchasing. Now, I will say that at the end of the day if all these nonprofits are notified and all have the opportunity to present, it may be that the foundation for the developmentally disabled will again rise to the top Page 91 July 24, 2012 and be the number one candidate. But what happened here and I found out that Eden, who I happen to know has a tremendous need for this housing, just like the Foundation for the Developmentally Disabled -- in fact, it was at the banquet for the Developmentally Disabled that we met together with Joe and found out that Eden had the similar need, and yet they were never notified, had no idea, were never given an opportunity. So I am left very, very concerned. We have to be fair. The process has to be fair. And I don't believe it was. The second issue that I have is with respect to the manner in which the Foundation for the Developmentally Disabled was then allowed to assign this award to three limited liability companies. These are nonassignable grant awards. And you can't come in and bid in the name of one entity and then turn around and accept the award in the name of three other entities. Now, I spoke to -- or I should say I communicated with the County Attorney's Office, with Mr. Klatzkow, and Mr. Klatzkow said that Mr. Teach had asked the same question and that the response was well, they're one in the same as the foundation. Well, that representation alone isn't enough to satisfy myself that that is the case. We need to know that in fact they are one in the same. But again, even if they are one in the same, you can't assign these awards. So I completely support the foundation, just as Mrs. Suarez indicated, you know, they're really a well - deserving organization. But the process is flawed and I can't approve this based on a flawed process. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. So I am going to vote for this, but some good points are being made. I think two in particular. Number one, I think we need to update our email list. So many times emails change and possibly people don't get them, or employees Page 92 July 24, 2012 change, they've left the facility or whatever. And the email gets there, but being that the employer isn't there any longer, it just goes into oblivion or into the wastebasket. And so possibly -- I don't know how often you update your list that might be something. And I know we're short- staffed, I understand that. But it possibly is something that we really need to do. And secondly, the process I think definitely, if we're not including everyone -- and you know me, I'm always about fair is fair. If we're not including everyone, then we need to update our lists to make sure they're all inclusive. Thank you. MS. MARKIEWICZ: Commissioner, I would like to respond, if I may, please. It's very customary for the county to electronically send out emails for notification on solicitations. That's very customary. In addition to that, for approximately 30 days this was available for anybody who came into the purchasing site to look for this solicitation. Thirdly, this is different in that we went above and beyond what we typically do and notify not - for - profit agencies prior to posting the solicitation. And fourthly, let me remind you, this was a topic of conversation at the Board meeting. It was well publicized that we were going to advertise for these six homes. So in this case this was a very well advertised solicitation. I do understand your comment about emails changing. We cleaned the vendor database and the email database in December of this past year to try to eliminate old email addresses and bounce- backs, kickbacks. CHAIRMAN COYLE: Okay, Commissioner Coletta? COMMISSIONER HENNING: Go ahead. COMMISSIONER COLETTA: I'm sorry, Commissioner Henning was before me. Page 93 July 24, 2012 CHAIRMAN COYLE: Oh, go ahead, Commissioner Henning. COMMISSIONER HENNING: Well, all these properties are in Golden Gate City; is that correct? MS. SONNTAG: Kristi Sonntag, Housing, Human and Veteran Services. Yes, Commissioner, they are. COMMISSIONER HENNING: Yeah. And so is it true we have three different LLC's but they're the same entity? Is that what it is? MR. TEACH: Commissioner, Scott Teach with the County Attorney's Office. Commissioner Hiller raised the issue, and I did look at it before the item even was put on the agenda. All three LLC's under Sunbiz's Department of State Department of Corporations are all owned by the Foundation for the Developmentally Disabled. So all these LLC's, I'm not sure the reason why they were formed. Maybe tax purposes, maybe liability purposes. But they're all owned by the vendor that was awarded the bid. COMMISSIONER HENNING: Okay. And is that the bids that you -- how many bids did your -- how many responses did you get? MS. SONNTAG: We received three responsive bids. COMMISSIONER HENNING: Yeah, I -- you know, this is my community and I would like to see this organization get something. However, and this is -- has a little stink on it. Are :these all properties the same or similar? Are they duplexes, are they multi- family? MS. SONNTAG: They're all two- bedroom multi - families. COMMISSIONER HENNING: Okay, so they're duplexes. MS. SONNTAG: Yes. COMMISSIONER HENNING: And there's six of them. MS. SONNTAG: There's a total of six, yes. COMMISSIONER HENNING: Well, what's wrong with granting a third of them and then let's send the others out instead of -- July 24, 2012 COMMISSIONER HILLER: I think that would be good. COMMISSIONER HENNING: Because we have -- you know, we have in Golden Gate some of the people coming out of St. Matthews House, they don't have a place to go. And the facility they have in Golden Gate is filled. In fact, they're having to turn them away. So you want to resolve some of these issues, here's some of the resolution to that. The Eden House I don't know anything about, but, you know, I do know that the diversity that we have in Golden Gate in some of these organizations work well. So, you know, I would hope you wouldn't support the motion as it is. I would hope that we would divest ourselves of a third of it and let's seek some solicitations from others like Eden House and St. Matthews House. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA Yeah, this is troublesome, you know. I think county staff has performed admirably. You've covered all your bases. You're told now that you tried to pull a fast one. I don't know how it could possibly be. I mean, why would you favor one agency over another? You went through a bidding process, you posted the bids, and here we are the 1 lth hour trying to move forward and we're coming up with all sorts of delays again. There is a lot of needs out there in this county, and we will try to meet what we can as we go forward. But we went through the process and here we are today and now we want to reinvent the wheel. Let's get on with it. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yes. Mrs. Suarez, could you come up to the podium and share with us what Eden does? MS. SUAREZ: I'd be happy to. Eden Autism Services serves people of all ages with autism. And Page 95 July 24, 2012 for adults we have a group home in Naples on County Barn Road and we have an adult day training program which serves other adults who live in the community. We also have a school on County Barn Road. And many of those kids are who are about to age out of school really don't know what their next step is. There are many of those students who are very high functioning with autism and could live in a situation like this with some supportive staff coming into the living facility. These types of accommodations are really what organizations like ours are looking for. Rather than institutionalizing people, rather than large group homes, a small two - bedroom apartment where someone can live with a roommate and staff and services can be brought in. COMMISSIONER HILLER: Which is exactly the same need that the Foundation for the Developmentally Disabled have and why the two of you work together and I think are in agreement on this issue here today. MS. SUAREZ: Right. COMMISSIONER HILLER: Thank you. 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, the motion passes 3 -2 with Commissioners Hiller and Henning dissenting -- MR. OCHS: Mr. Chairman? CHAIRMAN COYLE: -- to approve -- MR. OCHS: I'm sorry to interrupt you. Go ahead. Mf= July 24, 2012 CHAIRMAN COYLE: -- to approve the staff s recommendation. MR. OCHS: I know it's late, you want to get to lunch, but you had the one move from Commissioner Coletta on the Sheriffs item, and that's the only staff item you have before we get into your advertised public hearings. Mr. Hedberg is here from the Sheriff s Office. I don't know that this will take too long, Commissioner Coletta. COMMISSIONER COLETTA: I don't think it will, but I definitely have some questions. If I could, is the person -- CHAIRMAN COYLE: Wait a minute, let him get to the podium if you're going to ask him questions. Item # 13 A 1 AN AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFF'S OFFICE TO HAVE TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN THE VALENCIA LAKES SUBDIVISION - MOTION TO CONTINUE — APPROVED MR. OCHS: And this is 13.A.1. It's a recommendation to approve and authorize the Chairman to sign an agreement authorizing the Collier County Sheriffs Office to have traffic controlled jurisdiction over private roads within the Valencia Lakes subdivision. It was moved at Commissioner Coletta's request to the regular agenda. CHAIRMAN COYLE: And how many speakers do we have? MR. MITCHELL: Sir, we just have one speaker. CHAIRMAN COYLE: Mr. Hedberg is the only one, right? MR. MITCHELL: No, we have a public speaker. CHAIRMAN COYLE: Oh, in addition to. COMMISSIONER COLETTA: Yeah, could we run this in Page 97 July 24, 2012 reverse and get the public speaker first and see if we can get a dialogue going to try to find out if there's an easy solution to this? Would you call the speaker, please? MR. MITCHELL: The speaker is Adrienne Gagliardo. MS. GAGLIARDO: Good morning. My name is Adrienne Gagliardo. I'm a resident of Valencia Lakes. And I'm here to voice my strong opposition to the County Commission granting the HOA the authority to allow police to patrol within the private streets of our community. Initially my initial opposition was that it was a waste of taxpayer dollars because it's a private community, gated community, we really don't need it. Just yesterday I was informed actually by a person with the county commission, not even by our HOA, that these patrol dollars -- that this patrol is actually going to be paid for by our HOA dollars. There was apparently some type of back door deal that our HOA manager negotiated to use our private HOA dollars to fund these proposals. As a background, our HOA is currently still owned by the developer because it hasn't turned over yet to the residents, so we have a management company. It's scheduled to turn over in 2014, but we've had problems with our HOA manager sort of informing our residents of various decisions that are being made. And we as residents were never informed that our HOA dollars would be funding these proposals. They talked about the traffic enforcement, but nobody was under the impression that our HOA dollars were going to be funding these patrols. And I attend every HOA meeting, I read every newsletter, I'm very involved in the neighborhood, and I'm adamant at the budget meetings and everything. This was never listed as a line item, it was never put out to any of the residents. Yesterday I spoke to our social director who publishes the July 24, 2012 newsletter. She was like, she had no idea that our HOA dollars were supposed to be funding these traffic patrols. In fact, through her I'm going to be putting something in our community newsletter that will go out this upcoming August so that our residents can actually have some type of say on how our HOA dollars are going to be spent. I know -- I was able to talk to a couple of my fellow neighbors last evening, although like I said we just found out literally yesterday that this was supposed to be funded by our HOA dollars. And I know some of them wrote emails in opposition; there's some more emails coming. Once we put it in the newsletter, we'll put - we'll get some more opinions so that at least the residents have the opportunity to have a say on how our HOA dollars are going to be spent. Since this item was not budgeted for in our HOA, it's likely going to cause an increase in our HOA dues, and we've had no say. And -- COMMISSIONER COLETTA: I'm going to give you a chance to catch your breath. I'm going to ask you a couple questions. MS. GAGLIARDO: I'm looking at the time. COMMISSIONER COLETTA: No, you're fine. I'm going to ask some questions that will take us to where we need to go. COMMISSIONER HENNING: How about if we not approve it? COMMISSIONER COLETTA: Commissioner Henning, please, I've got the floor. What I need to know is where did this information come from within the Commission office? Was it -- MS. GAGLIARDO: When I was talking to Paula Springs. Because I called yesterday because I wanted to be able to -- COMMISSIONER COLETTA: Okay. So she found out the information for you? MS. GAGLIARDO: Yes. COMMISSIONER COLETTA: Okay. Now the next thing is is I got to ask the County Attorney, are you familiar with this process at all? And how does the Commission play into something between the Page 99 July 24, 2012 Sheriffs Department and -- MR. KLATZKOW: I'm very familiar with it. In fact, my community does the same thing. We have an agreement with the Sheriff s Office for patrols that comes out of our HOA dues. We have a residence run HOA, which I think is the distinction on this one here. Apparently it's still a developer run HOA. The statute authorizes the Board of County Commissioners to approve an agreement such as this. I mean, Mike would have a better number than I have, but I'm sure we have scores of these throughout the county. COMMISSIONER COLETTA: But, I mean, we do have the right to be able to reject it if it hasn't gone through the right process within the community. MR. KLATZKOW: It's -- well, there is no process. COMMISSIONER COLETTA: Well, why do we have it before the Collier County Commission? MR. KLATZKOW: Well, what I'm saying is that your distinction here is -- my community went through a process, because my HOA had this on their agenda and we voted for it. What I'm getting from here is that the developer still runs this HOA, so the residents were bypassed. I don't know if the majority want this or not. COMMISSIONER COLETTA: Well, I'll tell you what, based upon that, I do want to hear from the Sheriffs Department. I'm going to make a motion to continue this sometime into the future until the community can have some meetings. I'll lead the meetings, I'll get you in front of where we get all the people together so that we can find out what the sentiment of the community is, we can find out everything. We can't settle this today even if you agreed on it. Because I have received numerous emails that were in opposition to this taking place. Page 100 July 24, 2012 With that, I would ask the Chairman's permission to have the Sheriff deputy come forward and explain how the role of the Sheriff s Department is in this, if he'd like to, and maybe shed a little more light on this. CHAIRMAN COYLE: Well, if you're going to continue it, can't we do that at the time it's heard -- COMMISSIONER COLETTA: Yeah, we could. CHAIRMAN COYLE: -- for discussion? Because we're not going to make a decision no matter what anybody -- COMMISSIONER COLETTA: Motion to continue this until a community -- COMMISSIONER HILLER: I still would like to hear the Sheriff. COMMISSIONER FIALA: And I'll second the motion with -- but I have a fast question. Even if everybody in the community voted against it, being that they have no right to say anything on the HOA because it's developer run, will it make any difference? MR. KLATZKOW: You can say no. CHAIRMAN COYLE: We can say no. We're the voice of the community, not the HOA. COMMISSIONER FIALA: Good. Okay. CHAIRMAN COYLE: Okay, a motion to continue by Commissioner Coletta. COMMISSIONER FIALA: And I seconded it. CHAIRMAN COYLE: You seconded it. Okay, Commissioner -- who was first, Commissioner Fiala or Commissioner Hiller? COMMISSIONER FIALA: No, I'm -- I asked my question, I'm done CHAIRMAN COYLE: Okay, Commissioner Hiller? CAPTAIN HEDBERG: Good morning, Commissioners -- I guess it's afternoon now. I can try and answer some of the questions for you in regards -- Page 101 July 24, 2012 we have numerous agreements of this type. Some of the communities that have them do enter into a special detail agreement to have a deputy come in and do special traffic enforcement. That's not the general rule. We do enforcement -- or patrol throughout the county. Agreements such as this type, if the community doesn't want the special detail, we would do traffic enforcement just like anywhere else in the county. So it's up to the community whether there's some additional expenses to them or not. COMMISSIONER HILLER: But traffic enforcement on private roads? CAPTAIN HEDBERG: For civil traffic infractions to be issued by a law enforcement officer on a private road there has to be an agreement such as this in place. So if we were just doing routine patrols, we still have criminal jurisdiction regardless of the private property or not. In order to issue a civil traffic infraction, there would have to be an agreement like this in place. COMMISSIONER HILLER: So this relates only to the civil traffic infractions which is speeding. CAPTAIN HEDBERG: Speeding, red light running, stuff like that. COMMISSIONER HILLER: Or careless driving. Would that be considered -- CAPTAIN HEDBERG: Yes. COMMISSIONER HILLER: So -- but otherwise all the other possible driving violations fall within criminal and would still be enforceable by you within that homeowners association boundary. CAPTAIN HEDBERG: DUI, suspended license, all those criminal -- COMMISSIONER HILLER: And the reason I -- CAPTAIN HEDBERG: -- violations still would be enforced. COMMISSIONER HILLER: The reason I wanted you to speak Page 102 July 24, 2012 is to bring that out to make that clear. Because there is a likely misunderstanding that somehow you don't have the right to go on that property for criminal acts if such an agreement is not entered into, which is not the case. CAPTAIN HEDBERG: Correct. COMMISSIONER HILLER: This only increases your jurisdiction by a very limited amount. You still have the ability to patrol that area for criminal conduct. CAPTAIN HEDBERG: That's correct. And we don't solicit these agreements. We generally get them as a result of a homeowners association or a group of homeowners coming forward asking for this type of jurisdiction. There's a process where an evaluation has to be done about the signage and things like that, to make sure it meets FDOT standards. COMMISSIONER HILLER: And I wanted the speaker to understand that if the Board denies this agreement, you're not keeping the police out of your community. MS. GAGLIARDO: Right, that's not the point. CHAIRMAN COYLE: That's not the point. The point -- COMMISSIONER HILLER: I understand. But I want to make sure that's on the record, because some people might think that. MS. GAGLIARDO: No, that's not -- COMMISSIONER HILLER: You have to speak into the mic. MR. MITCHELL: Sir, could I ask you -- COMMISSIONER HENNING: Why don't we have this conversation after? CHAIRMAN COYLE: Yeah, all in favor of the motion please signify by saying aye. COMMISSIONER FIALA: Ave. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed -- Page 103 July 24, 2012 COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: -- by like sign, okay. COMMISSIONER HILLER: I think it's very important that this is on the -- CHAIRMAN COYLE: It passes -- MR. MITCHELL: Could you identify yourself -- CHAIRMAN COYLE: The motion passed, vote 3 -2 with Commissioners Hiller and Henning dissenting. So it's continued. And we will have this discussion at the time -- COMMISSIONER HILLER: Did I actually dissent? COMMISSIONER HENNING: No. COMMISSIONER HILLER: I didn't dissent. CHAIRMAN COYLE: Did you vote in favor of it? COMMISSIONER HILLER: You didn't give me the opportunity to finish my sentence. CHAIRMAN COYLE: I called the vote and you didn't say anything. COMMISSIONER HILLER: Well, I'm saying yes. CHAIRMAN COYLE: What are you saying? You're saying -- COMMISSIONER HILLER: That we're continuing it. CHAIRMAN COYLE: Motion passed 4 -1 to continue, with Commissioner Henning dissenting. Okay, we are -- MR. MITCHELL: Sir, for the record could you just identify yourself, please? CAPTAIN HEDBERG: For the record, my name is Captain Mike Hedberg from the Collier County Sheriffs Office. CHAIRMAN COYLE: And we are in recess until 1:25 this afternoon. (Luncheon recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Ladies and gentlemen, Board of County Page 104 July 24, 2012 Commission meeting is back in session. I'm sorry? COMMISSIONER FIALA: Before we begin, can I just make this announcement? CHAIRMAN COYLE: Depends on what the announcement is. COMMISSIONER FIALA: It's pretty simple, pretty great. CHAIRMAN COYLE: Okay, Commissioner -- oh, my, oh, my goodness, Commissioner Fiala has a very important announcement. COMMISSIONER FIALA: It's a wonderful announcement. I just want to say that this morning while we were holding our meeting, I couldn't attend, I really wanted to, but the director for the airports received an award this morning for general ,aviation airport project at the Marco Island Airport. Got this wonderful plaque, and it was presented to him there from the Florida Department of Transportation. And I'm just so proud of him and all the work that they've done over there at the airport, I just wanted to announce it at an open meeting. Thank you. MR. OCHS : Excellent, excellent. CHAIRMAN COYLE: Thank you very much. (Applause.) CHAIRMAN COYLE: Good job, Chris. Okay, County Manager, we have a time certain item. Item #9A AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF Page 105 July 24, 2012 FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER 2 — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS, SECTION 3.06.07 UNREGULATED WELLFIELDS, SECTION 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC -ST DISTRICTS, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN Page 106 July 24, 2012 STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS -OF -WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.03.06 DOCK FACILITIES, ADDING SECTION 5.03.07 PORTABLE STORAGE CONTAINERS, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.00 SIGN REGULATION AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES, SECTION 9.04.02 Page 107 July 24, 2012 TYPES OF VARIANCES AUTHORIZED, ADDING SECTION 9.04.08 ADMINISTRATIVE ADJUSTMENT; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.00 APPLICATION REQUIREMENTS, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A — STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE — APPROVED AMENDMENT AND /OR CONTINUED AN AMENDMENT TO THE NEXT LDC MEETING MR. OCHS: Yes, sir, we're going to take Item 9.A, sir. It's a recommendation to consider an ordinance of the Board of County Commissioners of Collier County, Florida, amending ordinance 04 -41 as amended, the Collier County Land Development Code, which includes the comprehensive Land regulations for the unincorporated area of Collier County, Florida. Page 108 July 24, 2012 And Mr. Casalanguida will begin the presentation. MR. CASALANGUIDA: Good morning, Mr. Chairman, Commissioners. About 18 months ago, almost two years ago, County Manager asked to work for CBIA -- for staff to work with CBIA, look at efficiencies and improvements within the Land Development Code. That started approximately a 12 -month process that they're culminating now, coming in front of you, where we're taking some of those recommendations to the Board, with staff recommendations and adjustments as well as your Planning Commission. I have behind me Caroline Cilek, who's been with the county for over a year. She's currently a job banker, and I'll let you -- have her tell you a little bit more about herself. But she's done a phenomenal job as recognized by CBIA and County Attorney's Office and staff. So with that, I'll have Caroline begin this process and we'll go from there. MS. CILEK: Good afternoon, Commissioners. Thank you, Nick, for that nice introduction. My name is Caroline Cilek and I am a Senior Planner with the Growth Management Division. I graduated from the University of Iowa with a Master's in urban and regional planning last spring. I'm currently a job bank employee and I've enjoyed my first position as a planner coordinating the current Land Development Code amendment cycle. I have worked with dedicated staff, advisory committees, the Planning Commission and the public to prepare over 50 amendments to this code. These amendments have all been publicly vetted through the formal process. The binder provided to you with LDC amendments also includes a summary sheet which identifies the comments, the dates of approval and the nature of the vote for recommendation by the advisory boards and the Planning Commission. Today we will present the majority of amendments in the cycle. Page 109 July 24, 2012 We are scheduled to return in September to conclude our presentation. Following our presentation in September, the growth management division will bring forward an administrative code for your consideration. The administrative code combines the procedures for developing property in the county into one single easily understood and user friendly document. Our goal is to bring forward the administrative code for your consideration by the end of the year. As identified in the executive summary for the LDC amendment review, there are several types of amendments. And Nick spoke to them, but I'll go into a little bit more detail. First, several amendments propose corrections or clarify glitches which were inadvertently omitted or changed during the recodification of the LDC in 2004. Second, several amendments originated from the County Manager's invitation to the Collier Building Industry Association, known as CBIA, in late 2009 to suggest possible amendments to the LDC that would spur economic activity without sacrificing high quality -- COMMISSIONER COLETTA: I'm going to ask you to hold up just for a minute. We don't have a quorum here by any means, so we'll just wait just a minute until everybody gets back and -- What's going on, Donna, why did everybody disappear? COMMISSIONER FIALA: I don't know. I think everybody saw us and left. COMMISSIONER COLETTA: We really can't conduct the meeting without a quorum of four commissioners. COMMISSIONER FIALA: And Crystal and Georgia never came - back in the first place. So I think we've lost them all. Some -- I heard a door. Here comes one. CHAIRMAN COYLE: Where is everybody else? COMMISSIONER COLETTA: We're waiting for four. We've Page 110 July 24, 2012 got to have four for a quorum to keep going. There we go. CHAIRMAN COYLE: I didn't declare a break. COMMISSIONER FIALA: Now we're functioning. (Commissioner Henning is absent.) CHAIRMAN COYLE: We can continue. MS. CILEK: So I'll begin with the second set of amendments which originated from the County Manager's invitation to the Collier Building Industry Association, known as CBIA, in late 2009 to suggest possible amendments to the LDC that was for economic activity without sacrificing the high quality development in the county. As a result, CBIA established an advisory committee made up of professional consultants to identify areas of the LDC which they believed could be improved upon. Recommendations were then forwarded to staff. Staff has reviewed and discussed the proposed changes with CBIA, and those that were not staff supported have been removed from this cycle. Those remaining, while initiated by CBIA, are staff sponsored and considered staff sponsored amendments coordinated with CBIA requests. The third group of amendments in the cycle are proposed changes to improve efficiency within the LDC. And the fourth group of amendments are those that were prepared at the direction of the Board. I can proceed with the agenda, we can start at the top with glitches? (All Commissioners are now present.) MS. CILEK: The first amendment is 1.08.02, Definitions. Omission of rural subdivision. And following the County Attorney's review, we'd like to continue this amendment to September. There's a couple of things we need to work out. So that one slide right back. Page 111 July 24, 2012 CHAIRMAN COYLE: Do you want motions on each of these individually? MS. CILEK: I think that would be best, but not for this one. MR. KLATZKOW: I think that would be best, sir. CHAIRMAN COYLE: This is a continuation, I presume. Is it the only continuation in the group? MS. CILEK: No, there are several more. CHAIRMAN COYLE: There are others, okay. MS. CILEK: There are four in total. CHAIRMAN COYLE: Thank you. MS. CILEK: The next amendment is 2.03.01, Agricultural Zoning Districts, and 4.02.01, Dimensional Standards for Principal Uses in Base Zoning Districts. In here we are proposing to reinsert a modified provision regarding side setbacks for nonconforming lots in the Estates district which are nonconforming due to inadequate lot width. Staff understands this definition was inadvertently omitted during the recodification. And if you will take a look at your amendment, which is the second in the binder, on Page 3, following the review of the County Attorney's Office review on last Friday, we'd like to make one correction and that is to remove the word "legal" on line 15 before the word "nonconforming ". COMMISSIONER FIALA: Remove that word? MS. CILEK: Yes, please. And we have just a few of these corrections following Friday's review. COMMISSIONER HILLER: For the benefit of our viewers, can you put those pages on the overhead and point it out as well so that everyone can see what you're referring to. MS. CILEK: Yes, certainly. We're proposing to remove the word "legal" in D, line 15. And for consistency, it's also found above in the page on line three. And that's simply because the definition in the LDC doesn't include the Page 112 July 24, 2012 word "legal" before definition of nonconforming. COMMISSIONER HENNING: Or illegal. MS. CILEK: That's it. CHAIRMAN COYLE: Okay. MR. OCHS: Need a motion or -- MS. CILEK: Yes. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Second by Commissioner Coletta. How many public speakers do we have, Ian? MR. MITCHELL: Sir, we have six public speakers. CHAIRMAN COYLE: Are they classified as to which one of the LDC revisions or provisions they want to speak at? Is there anyone registered to speak on this particular item? MR. MITCHELL: 305? No -- some of them -- the majority of them don't detail. But no there's nobody for this one. CHAIRMAN COYLE: Okay, very well. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay, the motion passes, it is approved. MS. CILEK: Great. The next one is 2.03.08, Fringe Zoning District. This one's pretty simple. There's a typo, the word "from" needs to be added to the section. And this was unanimously approved by the Planning Page 113 July 24, 2012 Commission. CHAIRMAN COYLE: Okay. Motion to approve by -- COMMISSIONER HENNING: Commissioner Henning. CHAIRMAN COYLE: Commissioner Henning. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. Any speakers for or against this item? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It is passed unanimously. Is that 4.02.01? MS. CILEK: Yeah, 4.02.01, Dimensional Standards for Principal Uses. The word principal is misspelled. And that is on lines one and six. CHAIRMAN COYLE: That's a tough one. We need to discuss that for a while. MS. CILEK: I don't know if there's any speakers on that one. COMMISSIONER HENNING: Move to approve. CHAIRMAN COYLE: If they are, we're going to cut off all the speakers. Was that a motion to approve, Commissioner Fiala? COMMISSIONER FIALA: Yes, and I'll second it. CHAIRMAN COYLE: Wait a minute -- COMMISSIONER FIALA: Commissioner Henning said aye, I'll Page 114 July 24, 2012 second it. CHAIRMAN COYLE: Commissioner Henning's motion for approval, Commissioner Fiala seconded it. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Motion passes unanimously. MS. CILEK: The next one is 4.02.04, same error. Principal is misspelled. And that is at the bottom of the page in the table. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta, seconded by Commissioner Fiala. All in favor, signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. MS. CILEK: Next one is 5.03.02, Fences and Walls, Excluding Sound Walls. And here there's a reference to an illustration in the code that does not exist. We'd like to strike it. COMMISSIONER HENNING: Move to approve. CHAIRMAN COYLE: It's another easy one. Motion to approve by Commissioner Henning -- COMMISSIONER FIALA: Second. Page 115 July 24, 2012 CHAIRMAN COYLE: -- seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Motion passes unanimously. COMMISSIONER FIALA: Those things you go nuts over trying to find. MS. CILEK: The next one is appendix, Appendix A. And here we are proposing to update the letter of credit form. And the proposed changes also allow for the county to present a draft or demand on this letter of credit in Florida rather than out of state. And this also received a unanimous vote of approval by the Planning Commission. COMMISSIONER HENNING: Move to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, seconded by -- COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: -- Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Motion carries unanimously. MS. CILEK: And that concludes our category of glitches. Page 116 July 24, 2012 We can continue on through the agenda or there are several public speakers here, if you'd like to review those amendments next. It's at your decision. CHAIRMAN COYLE: That probably would be easier. Let's call the first public speaker. MR. MITCHELL: The first speaker is Jeremy Frantz, and he'll be followed by Bruce Layman. MS. CILEK: I believe they're speaking in reference to a certain amendment. So we can use those amendments first and then they can follow with their comments? MR. MITCHELL: So Jeremy Frantz is going to speak to 4.02.14. CHAIRMAN COYLE: Is he the only one speaking on that item? Is anyone else speaking on that particular item, 4.02.04? (No response.) CHAIRMAN COYLE: Okay, what we'll do is take the public speakers. Then we'll go to the item that they're speaking to and then we'll vote on it. MS. CILEK: That sounds like a plan. MR. FRANTZ: Hi, Jeremy Frantz, representing The Conservancy of Southwest Florida. Just generally, I'd like to start off by saying that we've been participating in this LDC cycle since the very beginning, and we've had no shortage of questions and concerns that staff has always been really helpful in preparing information for us or getting our questions answered. And it's been a really easy process though long process to get through with them. And it's been a good experience. I know that a couple of Commissioners have contacted us and asked us if we had any concerns, and at that time we did not. The amendment 4.02.14 was just brought to our attention yesterday. The concern that we have is in subsection H. There's a small addition that expands the public hearing exceptions to the entirety of Page 117 July 24, 2012 the ACSC. Our understanding is that it's essentially a clean -up item for staff in that it is basically how they've been applying this part of the code already. However, it does bring up a concern for us because it does allow some impacts. However limited they are, it is still a concern for us. And so we ask you to take a look at that. COMMISSIONER FIALA: You say 4.02.08? CHAIRMAN COYLE: No, 14, I think. MR. FRANTZ: 14. CHAIRMAN COYLE: Yeah, 4.02.14. MR. FRANTZ: Correct. CHAIRMAN COYLE: Are you suggesting a specific change in the language? MR. FRANTZ: Well, if it was being focused on the urban designated areas that the rest of the amendment is focused on, I think that could just be added in that it would be the urban designated areas in the ACSC ST. CHAIRMAN COYLE: Okay, what's staff s response? MR. LENBERGER: Good afternoon. For the record, Stephen Lenberger, Growth Management Division. Staff prepared an update to this amendment realizing that it was quite old and outdated. And the provisions of this code are unclear as opposed to which ones relate to the area of critical state concern special treatment overlay, and which ones relate to just the special treatment overlay. It's very confusing. And often the section of the code just references ST for both of them. So what we did is we clarified when specific things apply to the just area of critical state concerns, we identify that specifically. Where it applied to both, we actually put both down. And this is just a clarification. That's how staff has applied the exceptions from public hearings. CHAIRMAN COYLE: This does not create a special situation. Is this a provision that is equally applied through all zoning Page 118 July 24, 2012 designations? MR. LENBERGER: It's applied to all ST areas, regardless of the zoning. CHAIRMAN COYLE: You feel that addresses The Conservancy's concerns? MR. LENBERGER: I think The Conservancy is just unclear of how the provision of the code was applied. CHAIRMAN COYLE: Okay. Okay, does that answer your question? MR. FRANTZ: That is how I understood it. It was just our suggestion that maybe it be limited to the urban designated area. CHAIRMAN COYLE: Okay. And what is staff s response to that? MR. LENBERGER: If the exceptions were limited to the urban area, then minor revisions that would fit the exceptions criteria such as single - family dwellings or hunting camps in Big Cypress Preserve, for example, would all be coming to the Board for approval. What staff currently does is review them administratively for the area of critical state concern site alteration criteria and approve them administratively. CHAIRMAN COYLE All right, thank you. Okay, is there a motion? COMMISSIONER COLETTA: Question, if I may. CHAIRMAN COYLE: Question by Commissioner Coletta. COMMISSIONER COLETTA: Let's clarify this, because this is one of the issues we've been dealing with for some time in this county. Out in the Big Cypress there's a number of units that are out there that are very remote, very difficult to ever get to inspect. So what does this do to that in the way it's set up right now, the way it's worded at this moment in time? MR. LENBERGER: It will have no effect on how those hunting camps are reviewed currently. Page 119 July 24, 2012 COMMISSIONER COLETTA: Okay, fine. That's what I wanted to know. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: You know, this actually was brought to my attention separately by another constituent. And I just don't think I fully understand the application. For any development in Copeland and Plantation Island. What does this mean? What does the change being proposed mean? MR. LENBERGER: For Copeland, there's clarification and a change. For Copeland and Plantation Island, there's a separate review and approval process, which is done administratively. And we've tried to clarify that in the amendment because the code was very confusing as written. We also, there is a separate agreement, as you know, between the Florida Department of Community Affairs and the Board allowing alteration of mangroves and other wetland vegetation in Plantation Island in order for the mobile homeowners to build -- put in their mobile home. The reason is because strict application of the area of critical state concern regulations basically makes a lot unbuildable, if you have a wetland lot in Plantation Island. So the Board entered into an agreement with DCA. And the agreement is the variance for the state to allow that. What the county did when that -- when the code was amended is that we created a separate variance procedure for that in the LDC. But what staff is proposing instead of having these mobile home owners apply for a variance and spending $2,000 and going through a long process of coming to the Board to put their mobile home on, allow that process to be done administratively by staff when we review the building permit. Currently the process for Copeland and Plantation Island is the building permits are reviewed for compliance with the area of critical Page 120 July 24, 2012 state concern regulations at the time they're submitted. There is no special treatment permit application required for those single - family dwellings in the urban areas. COMMISSIONER HILLER: If I can clarify, what you're proposing here is that the developments in Port of the Islands, Copeland and Plantation Island will not have to submit a site alteration plan or site development plan approval? MR. LENBERGER: They're not required to submit an application for a special treatment permit and they're not required to go through the formal public hearing process for approval of that special treatment permit. COMMISSIONER HILLER: So it's only with respect to the special treatment permit? MR. LENBERGER: The special treatment permit, correct. COMMISSIONER HILLER: But otherwise -- and I'm just reading directly from the modifications that's on Page 5. MR. LENBERGER: Okay. COMMISSIONER HILLER: It says development within the urban designated areas of Copeland and Plantation Island shall not be required to go through the process for filing a petition for site alteration or site development plan approval pursuant to 4.02.14.G and not be required to follow the procedures for site alteration plan or site development plan approval pursuant to 4.02.14.E, F.2 and F.3. MR LENBERGER: And these areas, the 4.02.14.G is the submission for applying an application. And the 4.02.14.E F.2 and F.3 are the public hearing process for approval of that. In other words, they're allowed to do that administratively. Which is how staff has applied it all this time. COMMISSIONER HILLER: But any other development anywhere else has to submit a site alteration plan or site development plan. So while I understand that they're in this particular area of critical Page 121 July 24, 2012 state concern, I'm still not sure I understand why they are being exempted from a requirement that everybody else has to conform with. Is it because there is -- I mean, why can it be done administratively for them and not for everybody else? MR. LENBERGER: I was told this when I started with the county about 19 years ago, that the Board at the time did not want the mobile home owners in Plantation Island and Copeland to have to go through the process of filing for an ST permit and to go through the public hearing process. So the code was changed. That was before I came here actually, and that's what I was told. Your earlier question, development orders, they are required to go through chapter 10 if they're site development plans. It doesn't exempt them, site development plans, if it's not a single - family dwelling. This is only for the mobile home owners, single- family dwellings, Copeland and Plantation Island. COMMISSIONER HILLER: So this applies only to the mobile sites? Because that's what's struck from this paragraph. It eliminates mobile home sites. So it seems to me to include everything now. MR. LENBERGER: Mobile home sites is a general term that you'll see for Plantation Island. And that comment, we coordinated that with David Weeks of the comprehensive planning section, and that's really incorrect to say mobile home sites. In the Comp. Plan, it says just Plantation Island. So that was a correction from comp. planning staff. COMMISSIONER HILLER: But Port of the Islands, Copeland and Plantation Island have more than mobile home sites, right? MR. LENBERGER: Correct -- COMMISSIONER HILLER: But by striking this from this section, you're making this provision apply generally to be on mobile home sites. And I think your intent is to limit this to mobile home sites. MR. LENBERGER: The zoning for Plantation Island is mobile Page 122 July 24, 2012 home -- COMMISSIONER HILLER: Oh, I see. MR. LENBERGER: Yeah. So that would follow the underlying zoning. COMMISSIONER HILLER: the Islands? What about Copeland and Port of MR. LENBERGER: I would have to check the zoning map, but whatever the zoning map is would prevail. And as far as Port of the Islands, that has multiple type zonings. I believe it even has PUD zoning in Port of the Islands. COMMISSIONER HILLER: But again, by eliminating -- so what you're saying is, the mobile home sites only refers to the Plantation Island -- MR. LENBERGER: Right -- COMMISSIONER HILLER: -- mobile home sites. I understand. So then what you have added here applies to all of the three, to Port of the Islands, Copeland and Plantation. And again, it seems to suggest that these three areas will not be required to have a site alteration plan or site development plan approval. Unless I'm misunderstanding. MR. LENBERGER: Okay, on line 17 it says development within the urban designated areas of Copeland and Plantation Island. So we're limited to just Plantation Island and Copeland. And it doesn't exempt the development from the site development review process, which would be starting on line 26. COMMISSIONER HILLER: But go back to 23. MR. LENBERGER: Okay. COMMISSIONER HILLER: Or if you want you can actually start at 20. Like from 20 to 25. MR. LENBERGER: Okay. I'll read that. COMMISSIONER HILLER: That's separately from -- MR. LENBERGER: Development in the urban designated areas Page 123 July 24, 2012 of Copeland and Plantation Island should not be required to go through the process of filing a petition for site alteration or site development plan approval pursuant to 4.02.14.G. That's the ST permit process. And not be required to follow the procedures for site alteration or site development plan approval pursuant to -- and again, that was 4.02.14.E F.2 and F.3, which is the public hearing process, for the special treatment permits. Then it says: This development does not exempt -- this does not exempt development orders required pursuant to chapter 10 of this code, which would contain the submittal requirements for site development plans, plat construction plans, planned unit developments. COMMISSIONER HILLER: So I guess, again, why are we exempting this particular group and not other groups that are affected by ST overlays? MR. LENBERGER: Well, it was at the Board's direction that they wanted the mobile -- the single - family units in Plantation Island and Copeland to be done administratively. They didn't want -- COMMISSIONER HILLER: I understand that. That's what you had explained before. But I want to understand why. I mean, I can't understand why we're applying, you know, disparate treatment to similarly situated properties. I mean, I've got an ST overlay up in Vanderbilt.. They would have to go through all of this stuff. But the people in Plantation and Copeland don't. I mean, if they don't have to, why do we ?' Jeff, can you answer that? And maybe I'm not understanding. I mean, it is very complicated wording, but I just don't understand why we're treating these properties differently. MR. KLATZKOW: We've been treating these properties for 20 years like this, right? I can't tell you, ma'am, why the Board did this 20 years ago. COMMISSIONER HILLER: Can we legally do that? Can we Page 124 July 24, 2012 legally treat similarly situated properties differently in this regard? MR. KLATZKOW: It was signed off on 20 years ago. COMMISSIONER HILLER: I don't care, I mean, we have -- can you -- MR. KLATZKOW: I'm not going to change it, though. It's something signed off 20 years. It's been the way we've operated for 20 years with no challenge, so I'm okay with this. COMMISSIONER HILLER: Is it legal? So is it okay that Vanderbilt -- MR. KLATZKOW: Ma'am, it was signed off on 20 years ago, we've had this process for 20 years. I'm not going to second guess my predecessors or the predecessor board on this. It's COMMISSIONER HILLER: So the Vanderbilt ST has to go through this but Copeland doesn't. MR. KLATZKOW: Apparently. COMMISSIONER HILLER: Wow. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Again, I think Commissioner Fiala is going to come back too with about the same answer. Plantation Island, Copeland, they've been around forever. This was created way before we got into our Land Development Codes to the level we do now. Special exceptions were made for special reasons. It was just wouldn't fit. There's all sorts of restrictions as far as what you can build in those areas. In Copeland, and Commissioner Fiala will elaborate on this, I'm sure, there's all sorts of overlays that are over through those properties as far as conservation overlays and everything. It's restrictive enough as it is. You have some very -- you have people there that are of limited economic means. So it was provisions that were made a long time ago. You know, why at this point in time do we feel compelled to try to make them the equal of everyone else in Collier County. It's one of Page 125 July 24, 2012 the mistakes we make not only with this area but with Immokalee. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Jeff, same zoning throughout Collier County. Don't we have exceptions for geographical areas, you know, such as hurricane evacuations, health, safety and welfare issues that you can have exemptions for certain areas? MR. KLATZKOW: We have many differences throughout the county, yes. COMMISSIONER HENNING: They're health, safety and welfare issues. MR. KLATZKOW: Some of them, yes. COMMISSIONER HENNING: That's how you can treat them differently? What's the exceptions for unequal -- MR. KLATZKOW: Well, you know, you say unequal but you've got -- I mean, zoning itself is the large part of legislative decision where you're going around and you're making decisions, okay, you can do four units an acre, you could do two units an acre. Well, why does one guy get to do four units an acre and another gets to do two units an acre. The whole point of zoning is we're treating everybody disparate. COMMISSIONER HENNING: Well, that isn't my understanding. You have a base density of four units per acre except for in the high hazard coastal area. I think that's where you're referring to -- MR. KLATZKOW: No, I'm saying we do PUD's all the time where we're giving people different densities. I mean, some areas of the county you can do industrial, some of the areas of the county you can't. COMMISSIONER HENNING; That's a -- MR. KLATZKOW: What I'm getting at is zoning is just -- it's a legislative decision to carve up the county for different uses. Page 126 July 24, 2012 COMMISSIONER HENNING: We have straight zoning here. What we have -- MR. KLATZKOW: In parts, yes. COMMISSIONER HENNING: In the Land Development Code we have straight zoning. Correct? MR. KLATZKOW: Yes, we have straight zoning in parts of the county. COMMISSIONER HENNING: Code. It gives you -- MR. KLATZKOW: Yes. No, in the Land Development COMMISSIONER HENNING: It gives you criteria for asking for a PUD. MR. KLATZKOW: Yes. COMMISSIONER HENNING: And we can -- and that comes through the Board of Commissioners You know, we can make some exceptions. MR. KLATZKOW: Yes. COMMISSIONER HENNING: But straight zoning, all your commercial districts, there's no exceptions; is that a true statement? MR. KLATZKOW: As a general rule if, your example, commercial zoned two, you get certain uses throughout the county, yes. COMMISSIONER HENNING: Right. And that's unified. MR. KLATZKOW: Yes. COMMISSIONER HENNING: Is there any other examples where there's exceptions except for like the coastal high hazard area, it has a lower density? MR. KLATZKOW: I don't know. COMMISSIONER HENNING: Don't we want to treat everybody equally? MR. KLATZKOW: But we don't. COMMISSIONER HENNING: Give me other examples. That's Page 127 July 24, 2012 what I'm trying to get at. Where do we have examples where we're treating people differently, giving them a higher zoning or giving a higher use within the same zoning district? MR. KLATZKOW: I understand what you're saying, Commissioner, all right, but -- COMMISSIONER HENNING: It's a question. MR. KLATZKOW: I understand what you're saying, but you can create exceptions within your own zoning. COMMISSIONER HENNING: Within the same zoning you can create unequal -- MR. KLATZKOW: It's a Board decision, it's policy. All zoning is policy. CHAIRMAN COYLE: That's how we can prohibit some people from building pawn shops and tattoo parlors and adult book stores in one area and other people with the same zoning get to keep those rights. So that happens all the time. COMMISSIONER HENNING: I'd like examples of that. I know that we do that by district, and that was challenged by the -- it was a Constitutional challenge, so we had to set up certain criteria where they can locate within certain zoning districts, okay. That's why we did that, because it was a Constitutional challenge. Your land use matters. The people of property rights is in with the -- in the Constitution. So you want to create whatever law, zoning, whatever, that is equal. Especially zoning. Protecting property. People have a right to defend their property. MR. KLATZKOW: We draw lines all the time. One side of the line you can mine, one side of the line you can't mine. COMMISSIONER HENNING: That's a conditional use, it's not zoning by right. MR. KLATZKOW: Or it's part of your Comp. Plan or -- I mean, we've got layers upon layers upon layers of land use between what the feds let you do, what the state lets you do, what we let you do. Page 128 July 24, 2012 COMMISSIONER HENNING: Absolutely. And you have zoning districts. And that's the point. This is a zoning district. It's a state critical area of concern or ST. So I'm just trying to figure out where our other exemptions are except for health, safety and welfare. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: I might be dreaming here, but I seem to remember 109 11 years ago when we, sitting here, discussed Plantation. And at the time staff was having some concerns about the mangroves and so forth. And what I remember it being determined is that nothing could be built on Plantation Island except mobile homes because it was a condition where you just couldn't build a house, and that was when they had to relax some of the restrictions there in order to be able to allow people to bring their mobile homes in. And I can't remember too, too much more about it. But Commissioner Coletta I believe was working on that at the time. With Copeland -- I wasn't on this commission, but with Copeland, the people there, it's located in such a distant area, doesn't impact anyone at all, obviously. They can only -- well, the people there, it's a 70 percent, by the way, 70 percent unemployment in Copeland. So most of the people can't even get to a job if they had one. And so I think they relaxed it just because their area is so completely different than any other urban areas. So they're kind of like located at the beginning of the Everglades, right? So that's all I can say is just these two areas are just not like any other areas in Collier County. So it's hard to paint them all with the same brush is what I'm saying. CHAIRMAN COYLE: What are the costs associated with going through the approval processes in Copeland that are required in every other place in Collier County? Do you know? MR. LENBERGER: For the building permit -- I mean, I would assume it would be similar for everyone unless they had to impact the mangroves. If they had to go through the variance procedure with the Page 129 July 24, 2012 Board, the fee is 2,000, plus they'd have to go through the public hearing process. I pulled up the zoning. I put it on the overlay, it's mobile home zoning in Plantation Island. I guess maybe I just put this in perspective for you, it's all -- it's an unrecorded subdivision, but it's all divided into small lots. CHAIRMAN COYLE: We are tilting at windmills here. The issue, and I'm trying to put myself in the position of the Board back at that point in time, the lots are small, the living units are very low priced. The people are poor. And imposing oppressive government regulations on them and charging them high fees to go through approval processes or variance procedures essentially makes their property unusable, because they can't afford to do that. So I am certain that the Board of County Commissioners many years ago recognized that just as we should recognize that today, and said look, you can't take bureaucratic action that deprives somebody from using the property they own. And they made it easier, but with very difficult restrictions on what they could do beyond that, okay. So let's deal with this issue, and if somebody has a problem with our zoning process, let's consider it some other time, okay? Commissioner Fiala, have you finished? COMMISSIONER FIALA: I was just going to say one more thing. I just drove around Plantation Island about two weeks ago. And you're right, it's completely different than any other place in Collier County. And I can see why the restrictions are there. You're right, it's a very poor area. And I think that you have a good question. It was why they are being treated differently. But yet they aren't the same at all. But that you have to just visually see. And so maybe that's why they put them in place, because these places didn't quite conform to the rest of Collier County. That's all I can think of. But we're all guessing. All you can do is guess. CHAIRMAN COYLE: Okay, one thing you can do is make a Page 130 July 24, 2012 motion. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: And I'll second that. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta, seconded by Commissioner Fiala. Commissioner Hiller, go ahead. COMMISSIONER HILLER: Yeah, if economics is a basis for not bringing something to the Board and allowing for administrative change, then I think there are many areas in the county that suffer similarly, especially in this economy. So why aren't we eliminating these type of requirements, you know, wherever there is some sort of an economic burden? I mean, if we can't have regulations that would impose an economic burden and that economic burden would prevent the development of the property, then I think we need to apply that policy uniformly. And I think staff should come back in September with more of this, but throughout the county. If that can legally be done, and 'I don't know if it can, according to Jeff Klatzkow, it can. And we're talking about process. We're talking about the process of the administrative review and the requirement to submit a site alteration plan or site development plan being waived, or -- is it waived or merely just administratively reviewed? MR. LENBERGER: Administratively reviewed. COMMISSIONER HILLER: Are we going to delegate that to staff in other areas? And if not, why not? And I guess that's my question. So we can bring that back in September and review other geographic areas. I mean, maybe there's an income threshold or a land value threshold, or an ability to pay threshold. CHAIRMAN COYLE: Okay, why don't you bring that back for future consideration? All in favor of -- is anybody here to speak in support or against this particular section? Is that a yes or a no? Page 131 July 24, 2012 MR. MITCHELL: It's Mr. Hall. Could you just identify yourself for the -- MR. HALL: Yes, sir. For the record, Tim Hall with Turrell Hall and Associates. I'm not here representing any clients, but we have done work for people out on Plantation. And a couple of things that make that area different from the rest of the county is the entire lots are included in the ST overlay. I'm not aware of anywhere else in the county where an entire property is actually included in an ST. It's usually just portions of that. The other thing is a lot of these lots are in like long -term ownership. The people have owned them for 30, sometimes 40 years. And the overlay was put on after they had purchased them and had the expectation of what they wanted to do, you know, later on. People had these for retirement places where their plan was to come down and put the trailers. With this amendment, it becomes I guess easier for them to undergo that process, but it's only within limits. My understanding is that you still have to keep your impacts below 2,500 square feet. If you don't, you have to go through the whole ST approval process and come through the public hearings and so forth. There is a limit on there, it's just not you can go in and clear the entire site. So it was an attempt, the agreement with the DCA and all, was an attempt to allow people to use their properties in the manner in which they had that expectation when they actually acquired them. And I'm in favor of the staff s attempt to actually codify that and make it easier to understand for them. CHAIRMAN COYLE: Thank you. Commissioner Henning? COMMISSIONER HENNING: Thank you. You know, the land rights are -- I think it's blind to how much jingle you have in your pocket. But if we have lots that are similar in nature where they're Page 132 July 24, 2012 small and the impacts are small, like 2,500 square feet or what it says in here, we should be treating all those people the same way. However, I don't know if we have any similar situations throughout the county in either ST or state critical area concern. That's what we should be doing instead of picking and choosing. And I agree what you're trying to do, it doesn't make sense to go through a big process for a small lot. But we don't know how many other small lots are out there. That's what I would like to know. As long as we're treating everybody equal, makes sense. MR. LENBERGER: Well, for the area of critical state concern, I can't comment on all of it. The urban areas were identified separately in the Comp. Plan because they are such small lots, and the original settlement areas. In the Big Cypress area -- Big Cypress Preserve, most of the lots out there that are left as inholdings in the preserve are four acres. Some of them a little less. But usually about four acres. But the impacts are still limited to 10 percent of the site or 2,500 square foot. COMMISSIONER HENNING: Right, I understand that. But if you would strike through the identifications of properties and just say that if you have - I think these are less than half an acre, or half an acre or less. MR. LENBERGER: They're pretty small. I'll put the zoning up CHAIRMAN COYLE: They're smaller than half an acre. COMMISSIONER HENNING: I mean, that's the criteria you want to set out for processes. It's not an economic issue. You can't give rights under economic issues. But it is an economic issue for everybody if they have a small lot and you have to go through a larger process than somebody has 100 acres that wants to impact an ST area. COMMISSIONER FIALA: So let me ask you this: With the mobile home park, if you're building a mobile home park, they're all smaller lots. So then would that be included in all mobile home parks Page 133 July 24, 2012 throughout Collier County? COMMISSIONER HENNING: No, lots. CHAIRMAN COYLE: Well, you know, the problem, you know -- we're not going to solve this problem today. We're focusing on one Land Development Code paragraph. That's all we're focusing on. This is far more complex than anybody has revealed today. We've got compatibility issues if we start picking spots throughout the county to provide similar kinds of exemptions. This is a unique situation where everybody in that community is in exactly the same situation. There is no compatibility issue here. And it is a case where the property was owned by these people in almost all cases before the ST overlay was ever applied to it. So it makes a lot of sense to make a decision to exclude this. So I'm going to call the question. All in favor of approval of staff s recommendation please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign? COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay, it passes 4 -1 with Commissioner Henning dissenting. And if any Commissioner feels that there is any inequity in making this decision, please feel free to introduce that at a Board meeting, we'll advertise it and we'll debate it. Okay? Let's go on to the next one. MR. MITCHELL: The next speaker is Bob Mulhere. And he's interested in Section 3.05.07. Native Vegetation. MR. MULHERE: Good afternoon. For the record, Bob Mulhere. There are several other speakers who have signed up for this item Page 134 July 24, 2012 but we discussed briefly before I came up that probably all those other speakers don't need to speak unless the Board has specific questions. By way of background, the proposal is to eliminate a prohibition on the use of exotic vegetation for mitigation in the ERP process that only applies in the rural fringe mixed use district. It doesn't apply in the other areas of the county. And as the lead planning consultant for the county during the process, I do not believe that was ever the intent, to treat the rural fringe mixed use district property owners differently in that ERP process. Now, there are also legal questions and permitting specific questions. Again, there are speakers that can speak to those issues. But we would support staff s recommendation to eliminate this. And if you have any questions, we can certainly bring those other experts up to talk the specific matters. CHAIRMAN COYLE: Who are the other people who signed up to speak on this item but do not feel it necessary to speak now? MR. MITCHELL: There was Bruce Layman and Tim Hall. MR. MULHERE: And Rich Yovanovich. CHAIRMAN COYLE: And so they are waiving? MR. MITCHELL: Rich Yovanovich? MR. MULHERE: Unless you had specific questions. CHAIRMAN COYLE: So those three speakers have waived their time. COMMISSIONER HILLER: I would actually like to hear from them. MR. YOVANOVICH: If you don't mind, I'll -- Rich Yovanovich for the record -- kind of summarize what everybody was going to say. As the lawyer for this team, I was going to point out that it's very clear under the Florida statutes that the UMAM process is an exclusive process for determining what mitigation is to be applied to wetland impacts. Bruce Layman was going to go into the detail of how it would be Page 135 July 24, 2012 very difficult for the county to get into establishing its own environmental review process that would be different from the state's process, although in my opinion it would be illegal for the county to do that. He was going to get into the practical effects and what it would cost the county to do that. And finally, Tim Hall was going to get up here and talk from a scientific standpoint as to there's really no scientific basis for treating these group of wetlands differently than wetlands out in the stewardship area, wetlands in the urban area. So basically it would be -- in this case I would agree with the earlier discussion, it would be an improper treatment of similarly situated wetlands. There was a great deal of discussion about that specific issue from a scientific basis. So there was no legitimate legal basis, not scientific basis, for the provision that currently exists in your code. And we're simply asking that you follow staff s recommendation to take that out as well as the Planning Commission's recommendation to take that prohibition out and treat all of Collier County's wetlands the same. If you want to hear it in greater detail, I can, but that's basically what they were -- the summary of what they were going to say. COMMISSIONER HILLER: I'll make a motion to approve. COMMISSIONER FIALA: Second that. CHAIRMAN COYLE: Motion to approve by Commissioner Hiller, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign? (No response.) Page 136 July 24, 2012 CHAIRMAN COYLE: Motion passes unanimously. MR. MITCHELL: Sir, there's only one other speaker registered. That's Tim Hancock. I don't know whether he -- COMMISSIONER COLETTA: He's here. MR. HANCOCK: Good afternoon, Mr. Chairman, Commissioners. I appear before you today as the chairman of the government affairs committee at Collier Building Industry Association, also a board member. Our immediate past president Mr. Tom Wegwert is also here. First of all I'd like to thank the County Manager, Mr. Ochs, and his staff in particular for reaching out to CBIA back in late 2009, early 2010. And the basis for Mr. Ochs reaching out was quite simple. He asked us to help focus on matters that inhibit economic growth and prosperity for Collier County. That's really why we're here today. That was our focus, it's what Mr. Ochs requested. His staff, led by Nick -- and I also want to compliment Caroline Cilek. You talk about coming out of school and getting thrown into the fire. You know, come out of planning school, next thing you know you're sitting across the table from folks like us saying take this out of the code, you know. And so -- but Caroline handled it with class and we greatly appreciate her and all that Nick has done and his staff. It's taken us a while to get here. And there's a lot of reasons for that. And my purpose is not to complain about those, because many of them were necessary. Some of them, such as a kaizen event which Nick and his staff underwent, actually served to set the table for improving some of the development processes and the reviews. And quite candidly, in many cases that is the enemy to economic growth and prosperity is when we spend too much time in review and review and review. And that has gotten better. And we encourage Nick and his staff to continue working on that with us. While this started in 2010, it took us a while to get here. Quite Page 137 July 24, 2012 honestly, what you have before you is really mostly the low hanging fruit. These are not the really tough ones. A lot of these are ones that really we thought could be tackled fairly easily and fairly quickly and get them done and then move on to some that I think have a little more substance to them. So what I'm here to ask of you today is two things, and I'll say three things. One is to congratulate your County Manager and his staff for their tenacity and for the desire to make things work better. That's important to all of us. But I'm going to ask that you give direction at the conclusion of these proceedings in two different manners. Number one is that you direct your staff to continue to work with CBIA, bringing back to this body in a period not to exceed 12 months that next tier of items, while fewer in number, more substantive in nature that still stand before us and are inhibiters to growth and prosperity. The second item is something we discovered going through this process that I think we knew intuitively but became very obvious is, there are elements of our Growth Management Plan that actually stood in the way of making amendments to the Land Development Code that made sense. And it was a sentence that was inserted 10 years ago, or a sentence that was inserted six years ago, seemingly innocuous, but it stood between changing your Land Development Code to make it make more sense. So I'm going to ask also that you direct staff to work with CBIA and anyone who's interested to look at those elements of the Growth Amendment Plan for the next cycle so that we can attack those and get those hurdles out of the way also. Thank you for your time. And again, thank and applaud your County Manager and his staff for a job well done. COMMISSIONER HILLER: Can I comment on that? CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: I'd like to thank you, Tim. Could Page 138 July 24, 2012 you stay up there a moment? It's funny because my light went on before I knew you were going to come up with the recommendations with the same idea in mind. I think it's essential that private industry come back to the county and share with the county where you see the problems and what needs to be eliminated. We have to get rid of deadwood regulation without a doubt. It's very costly. One of the things that also would be beneficial is if that all regulation includes a sunset provision in it, so that automatically these regulations will fall off the books unless we see the need to continue them. So I'd ask that that be brought forward when you come back in a year from now. And I'd like to make the motion that we direct staff to work with the CBIA and bring back some serious modifications to the Land Development Code to eliminate unnecessary regulation. MR. HANCOCK: Thank you, Commissioner. I did want to mention, there were well over 1,500 volunteer hours from members of our organization over this time that went into the product you see here today in addition to obviously countless hours of staff time. But if you put a dollar figure on those 1,500 hours it would be quite staggering. COMMISSIONER HILLER: Thank you for the donation, because that is very significant to the county. MR. HANCOCK: Thank you. We believe in your management team. And we appreciate them. And we certainly will do whatever we can to help get Collier County back on track again. COMMISSIONER HILLER: What would be nice is if we could also have, you know, at least a minimum number of regulations that we could -- you know, substantive regulations that we could eliminate. And I would ask that you work through that number with county staff and say agree to eliminate maybe 100 serious regulations that really are inapplicable today but become very costly to review for compliance. Page 139 July 24, 2012 MR. HANCOCK: Well, why don't we just agree to make sure the Land Development Code gets no thicker ever than it is today. COMMISSIONER HILLER: I like that. Actually, I'd like to make it a lot skinnier. CHAIRMAN COYLE: Thanks, Tim. That was our last speaker, right? MR. MITCHELL: That was your last speaker. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Coletta. Didn't we just do that? COMMISSIONER HENNING: Approve what? COMMISSIONER HILLER: To direct staff to work with the CBIA to come back with the -- CHAIRMAN COYLE: They've got that -- you've had that guidance for years. COMMISSIONER HILLER: Well, it hasn't happened, and I think it needs to be formalized. CHAIRMAN COYLE: Well, it has happened, that's how you got here. That's what happened. COMMISSIONER HILLER: It just happened with Leo. I think the reason we have the abundance of regulation that we have is because before Leo, that wasn't the case, it was opposite. In fact, regulation was growing by leaps and bounds, and it's really only in the very, very recent past that we have begun to see the change. So I think it's essential that we memorialize what Mr. Hancock requested. He requested it for a reason. And I respect his request, I think he's absolutely right. COMMISSIONER HENNING: I'll second the motion. COMMISSIONER HILLER: Thank you. COMMISSIONER FIALA: You mean to keep it the size book it is now? COMMISSIONER HILLER: No, to put it on a diet. Page 140 July 24, 2012 COMMISSIONER FIALA: But that's what we're doing now. It's great to see us doing this. CHAIRMAN COYLE: We've been doing it for years. COMMISSIONER FIALA: I know we have. I know. CHAIRMAN COYLE: This didn't come up last week or last month, it's been done for years: You don't put that much time and effort into it over a weekend. It's been going on for a long, long time. COMMISSIONER COLETTA: It doesn't hurt to reaffirm it. CHAIRMAN COYLE: That's right. There's nothing wrong with reaffirming the direction to continue working with CBIA about simplifying our code, okay. MR. OCHS: Yes, sir. CHAIRMAN COYLE: Real simple. Okay, all in -- COMMISSIONER FIALA: The most important part of that -- let me just underline what we're doing here. The most important part is that again, we're trying to do everything we can to encourage business, making it easier for people to conduct business in Collier County by streamlining all of our codes and laws. CHAIRMAN COYLE: And our organization. COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Which is exactly what has been done in our organizational structure to make things better for everybody as far as the permitting process is concerned. So that's -- so there's a motion to continue doing that. All in favor of the motion please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign? (No response.) Page 141 July 24, 2012 CHAIRMAN COYLE: Okay, let's go to the next item. MS. CILEK: And I believe Tim Hancock was here to also support this next amendment which came up here, which was 1.08.02, Definitions, Usable Open Space. And I got to work with Tim on this one. This amendment came to staff as a recommendation from CBIA and research also shows that there was direction from the Board in 2007 for this amendment. This amendment seeks to address the concern that private yards are not identified in the definition of usable open space; therefore, they have not been uniformly included in the calculation of usable open space requirements identified in the code This amendment adds a private residence required yard and removes the usable open space definitions elsewhere in the code to create consistency when applying the usable open space provision. COMMISSIONER HENNING: Move to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Henning. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It pass unanimously. MS. CILEK: Great. CHAIRMAN COYLE: Okay. Now, we pick up where you left off. We have no more speakers on any specific items, so we can Page 142 July 24, 2012 continue right through. MS. CILEK: Well, if you want to go back to the top of the agenda, those are environmental amendments. And I will let Steve take it from here. COMMISSIONER COLETTA: There is one we didn't get a motion on. Mr. Mulhere's amendment wasn't a motion and a second. On the -- COMMISSIONER HILLER: On the uniform application of the credits for the preserves, for the wetland preserves. COMMISSIONER HENNING: Correct. COMMISSIONER HILLER: Yeah, for the mitigation -- COMMISSIONER HENNING: I'll make a motion to move that forward. MS. CILEK: And the motion I believe was made after Mr. Yovanovich spoke for approval. COMMISSIONER HENNING: Did we vote on that? CHAIRMAN COYLE: I thought we did, yes. MR. OCHS: I've got it recorded as you did, sir. COMMISSIONER HENNING: Thank you. My apologies. COMMISSIONER HILLER: I think I made the motion to approve it when he was speaking. COMMISSIONER FIALA: I believe it was a 5 -0. MR. OCHS Go ahead, Steve. MR. LENBERGER: The next amendment -- for the record, Stephen Lenberger. Next one would be 3.05.02.1), Exemptions from Requirements for Vegetation Protection and Preservation, scriveners error. This is a -- applies to the rural fringe. It's basically a vesting criteria that was in the Comp. Plan. CHAIRMAN COYLE: What was the scriveners error? MR. LENBERGER: It was a misnumbering when it was put into the code. Page 143 July 24, 2012 CHAIRMAN COYLE: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by me, seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Ave. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MR. LENBERGER: The next amendment, 3.05.02.E and 3.05.05 have to do with mangroves. And we had discussions with the County Attorney's Office this morning. We'd like to continue that amendment. COMMISSIONER HILLER: Thank you. Because I was going to comment on that. And -- CHAIRMAN COYLE: Motion to continue. COMMISSIONER HENNING: Yeah, I want to -- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Seconded by Commissioner Fiala. Go ahead, Commissioner Henning. COMMISSIONER HENNING: Just some direction. You're going to bring this back, correct? MR. LENBERGER: Yes. COMMISSIONER HENNING There should be a process if applied equally to everybody that if you're only impacting a small amount of clearing, that should be an administrative process. It's common sense. Page 144 July 24, 2012 COMMISSIONER FIALA: Boy, that makes so much sense. COMMISSIONER HENNING: Right. You know, there's a lot of things that I hope we can give direction to staff. When you have common sense issues that come to staff, allow them to do that. Even though it might be contrary to our law, make those decisions, put it on our consent agenda for us to ratify that. Would you agree with that? COMMISSIONER FIALA: Absolutely. Because that's one of the hangups sometimes, people because they don't have the permission to do that, staff members, it has to be dragged through the process when it would be ever so simple to just -- something small like that that wouldn't upset anything or change the price of rice, might as well just administratively approve it. COMMISSIONER HENNING: Jeff s looking at me really weird; he's got something going on in his mind. MR. KLATZKOW: Yeah, I could see staff making a decision and the Board disagreeing with it, which is the problem with that. I know Nick's coming back to you with an administrative code. And I think that's probably where your idea probably fits in, some sort of process with criteria on these things. COMMISSIONER HENNING: If it's criteria -- yeah, I think that's great. If it has criteria in it, then you're giving them ability to make things happen. MR. KLATZKOW: Yes, but it will be Board - directed criteria. CHAIRMAN COYLE: There's a big difference between removing a little bit of brush here or there on a lot and removing mangroves along the shoreline. So if you try to specify it by the amount of area that's being cleared without giving consideration to species, it becomes a risky call by staff. So you have to give a lot of consideration to how you're going to do that. There's nothing wrong with considering it. But keep in mind there's always unintended consequences to those kinds of decisions. Page 145 July 24, 2012 6TIM COMMISSIONER HENNING: Do you want a motion to continue? CHAIRMAN COYLE: Yeah, there's a motion to continue, seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously to continue. COMMISSIONER HILLER: Commissioner Coyle, I just want to give staff -- I received some good comments on those sections from a member of the public and I just want to convey them to you so you can consider them in your review. CHAIRMAN COYLE: Go ahead. MR. LENBERGER: Thank you. COMMISSIONER HILLER: You're welcome. MR. LENBERGER: The next amendment on the agenda is exemption from requirements for vegetation protection preservation. It's four criteria, criteria for removal of vegetation, trees and vegetation protection and development orders required. And basically all these boil down to clearing and filling. COMMISSIONER HENNING: What's the numbers? MR. LENBERGER: They are 3.05.02.G, one through seven; 3.05.05; 4.06.04.N.01.02. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Can you summarize very quickly the impact to the change? Page 146 July 24, 2012 MR. LENBERGER: The amendment was basically a restructuring of the clearing and filling section of the Land Development Code. It was very confusing as written so we restructured it and revised a couple of the requirements. We did eliminate a few which we felt were kind of unnecessary. And we made some revisions. That's it in a nutshell. We had to have -- there were four sections dealing with clearing and filling, at least the references, so we had to amend four sections. CHAIRMAN COYLE: Who was first? Commissioner Hiller, go ahead. COMMISSIONER HILLER: In 3.05.05, you know the definition of reasonable efforts, what does that mean? MR. LENBERGER: Which line was that? Oh, you're talking in the opening paragraph, the County Manager or designee may approve an application for a vegetation removal permit if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the esthetic appearance of the development by the incorporation of existing vegetation in the design process. It's general language that was there. I can't give you a definition for that. All's I can tell you is staff would go by the code as far as vegetation protection. And vegetation protection would follow the criteria in the Land Development Code for preservation of native vegetation. It's also in the Comprehensive Plan. COMMISSIONER HILLER: Right, I think the issue is is that there is no definition for what reasonable is. And so obviously people don't know what to do to satisfy, you know, what is apparently now a subjective standard. So I think there needs to be some articulation of what constitutes reasonable at a minimum so that they can be compliant. MR. LENBERGER: We could reword that and make it in Page 147 July 24, 2012 accordance with criteria of the Land Development Code and -- CHAIRMAN COYLE: Just insert UN in front of reasonable. Okay, Commissioner Henning? COMMISSIONER HENNING: That was from before. CHAIRMAN COYLE: Okay, Commissioner Coletta? COMMISSIONER COLETTA: Yes. Going back to the clearance, there's exceptions, there's this, there's that, but what about Golden Gate Estates, how is that affected by this? MR. LENBERGER: It's not. When the clearing filling section of the LDC was first crafted, there was a voice from the community that it didn't want it to be applied to the Golden Gate Estates. But that exclusion was never included in the actual code, so we inserted it. And I can point you to the line, if you'd like. COMMISSIONER COLETTA: If you would. MR. LENBERGER: It's on Page 6, line 25. It says: The following shall not apply to the Golden Gate Estates subdivision. Page 6, line 25. COMMISSIONER COLETTA: Okay, so if you're clearing pepper hedges or whatever, you don't have to get a permit? MR. LENBERGER: That's different. This has to do with clearing and filling for preparation of a home. The exotic removal would be a whole other criteria for vegetation removal 3.05.05. And if you have prohibitive exotic vegetation, you can get a permit to remove those. The current criteria in the fee schedule is that you would get a clearing permit if you wanted to mechanically remove it, because staff would have to check for wetland vegetation, things of that nature, make sure you're not going to violate any regulations regarding wetlands. But if you remove the stuff on non - mechanical means, like chain saw, then you don't need a permit to remove exotic vegetation from your property. COMMISSIONER COLETTA: Okay, sir, thanks for clarifying July 24, 2012 that. CHAIRMAN COYLE: Okay, any other questions? COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala. Seconded by? COMMISSIONER COLETTA: Me. CHAIRMAN COYLE: Commissioner Coletta. All in favor please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Motion passes 4 -0, with Commissioner Hiller being absent. MR. LENBERGER: The next amendment on the agenda is 3.05.02.G.8. COMMISSIONER HENNING: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, seconded by Commissioner -- COMMISSIONER FIALA: Me. CHAIRMAN COYLE: Fiala. All in favor please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Motion passes unanimously. MR. LENBERGER: We've already done the area of critical state Page 149 July 24, 2012 concern, so we will skip one and go to 10.02.06.D. Basically this is a scriveners error. COMMISSIONER HENNING: Yeah, we can't regulate farming. That's what this means? MR. LENBERGER: Under the Right to Farm Act, you can only do an ag. clearing notice, you can't require an ag. clearing permit. COMMISSIONER HENNING: Right. Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Fiala? COMMISSIONER FIALA: Huh -huh. CHAIRMAN COYLE: All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. All opposed, by like sign. (No response.) CHAIRMAN COYLE: Motion passes unanimously. MR. LENBERGER: The next amendment, the last of the environmental in this section, is Submittal Requirements for Permits, 10.02.06.E. This amendment is basically an update to the clearing violation section. I looked at it with code enforcement staff and they were very helpful. It showed some of the sections were outdated and not given at all the recent changes that have occurred to the environmental sections, particularly last cycle. So this is attempting to update that, which we did. It's also changing the monitoring requirements. We're trying to make it a little simplifer (sic) -- simplify it, I'm sorry, and only require a time zero monitoring report as opposed to two follow -up monitoring reports. It will be easier to demonstrate compliance. Page 150 July 24, 2012 And there are a few other smaller changes, minor. CHAIRMAN COYLE: Okay, it was approved unanimously by DSAC and CCPC, right? MR. LENBERGER: Yes, everyone's approved these. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, seconded by Commissioner -- COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Coletta. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign'. (No response.) CHAIRMAN COYLE: Motion passes unanimously. MS. CILEK: Great. CHAIRMAN COYLE: 4.02.01, right? MS. CILEK: 4.06.03 actually follows the one that we previously approved, for usable open space. We're on to the next one. So that's 4.06.03, Landscaping Requirements for Vehicle Use Areas and Rights of Way. This amendment follows direction from the Board given on September 27th of last year to modify this section. And the amendment originally originated from the Economic Recovery Task Force with the goal to grant a new property owner or tenant a greater period of time to occupy a vacant property before being required to bring the landscaping up to code in a vehicle use area. This amendment pertains to the existing landscaping which does not comply with the current standards of the code, when a structure Page 151 July 24, 2012 has been vacant for a period of 90 days. The Board directed that this would be modified to a period of one year. The next part of this amendment is a staff proposal to change the 4.06.02 buffer requirement section. Similarly to the last section, there's a time period for discontinuance of use where the structure has not been in use for 60 days, and for consistency we'd like to propose one year as well. Then the last proposed change is to Section 9.03.02, Requirements for Continuation of Nonconformities. And this section provides for the nonconforming uses, which is the use that was allowable when it first originated and identifies that when a nonconforming use ceases, a nonconforming use has a period of 180 days to return. We'd like to change this to one year, again for consistency. So that's dealing with uses. And then the next part of that same section on Page 5 is dealing with site features. And you have 90 days following a cease of a structure or use before you need to bring your site features up to conformity. And we'd like to change this to one year as well. COMMISSIONER HILLER: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Hiller, seconded by Commissioner Coletta. Commissioner Fiala, go ahead. COMMISSIONER FIALA: Yes, just for clarification. So now we're going to let the building be vacant for one year rather than 90 days, and they don't have to improve the landscaping for one whole year? MS. CILEK: In these certain sections. So if they weren't quite up to code they could maintain the landscaping they had in the vehicle use area for the first part of this amendment, and they'd have a one -year grace period. And then after that if they moved in, 167 days later they would have to bring the landscaping in that area up to code. Page 152 July 24, 2012 COMMISSIONER FIALA: For one whole year. So my concern is, especially for the other businesses or homes, businesses around it, if they don't have to fix their property up for a year -- MS. CILEK: That's a really good question. And we actually reached out to NABOR and CBIA to see if this would be a balanced approach if one year is reasonable for their neighboring properties before they came up to code. And they agreed that one year was a balanced approach. COMMISSIONER FIALA: I still have concerns about that, you know, because businesses want to be located next to businesses that maintain their property, and they don't want it to be reducing the appearance of their property because of somebody else. And I just wonder if this is going to backfire on -- CHAIRMAN COYLE: Let me ask a clarifying question. You're not talking about allowing them an entire year for not maintaining their property, you're saying they don't have to come up to code. So if you have a business property that is not up to code and it's vacant for a year, they have to maintain the existing vegetation to an acceptable level, but after one year they've got to replace that vegetation and come up to the current code; is that what you're saying? MS. CILEK: Yeah, the landscaping would need to be maintained, and then if they move in following the year grace period they would need to bring it up to current code. COMMISSIONER FIALA: Okay. I just have seen buildings who put in the very cheapest landscaping they can put in. It dies within the first three months after they're in the building. They don't fix it up. How many times we've had to have code enforcement go out. So then they finally sell the business, somebody else moves in but they don't have to improve it or upgrade, just maintain it as it is, and then it affects all the properties. I'm having a little problem with that one. MS. CILEK: Is that in regards to the one that was in Section Page 153 July 24, 2012 4.06.03? Because that one comes from Board direction. The other two are staff proposed. And maybe we can move forward with one but not the other two. COMMISSIONER FIALA: Or maybe the first one could be six months rather than a year, and see if that works out. If it doesn't backfire, if other businesses aren't affected in a negative way in six months, then maybe we can extend it to a year. But I don't want to have to resign somebody to have to live with something a year if they're really terribly unhappy with it. MS. CILEK: Board could recommend a six -month period. I will just say that there is some -- COMMISSIONER FIALA: I don't know if the other members would agree with me, you know, don't -- CHAIRMAN COYLE: Well, it's a long time to allow something to sit there and not be improved. But theoretically, and I hope we do it this way, even if it is vacant and a tree dies, they're obligated to replace that tree to the level of the code that existed at that time. So the challenge is to make sure code enforcement stays on top of this stuff to get those things replaced promptly so that they don't languish for long periods of time. I don't have a strong concern about six months; that wouldn't bother me too much. But code enforcement still needs to stay on top of it in order to make sure it's maintained properly during the period of time it's vacant. COMMISSIONER FIALA: How about the other Commissioners? Commissioner Henning isn't here so we need a four vote on this. Would you accept six months and give it a trial? COMMISSIONER COLETTA: Yes. CHAIRMAN COYLE: I would. COMMISSIONER FIALA: Commissioner? COMMISSIONER HILLER: Yes. I mean, I think what you have to refer back to is the comments under fiscal and operational Page 154 July 24, 2012 impacts on Page 4 that explains. You do understand this is strictly for these vehicular areas -- COMMISSIONER FIALA: Yes. COMMISSIONER HILLER: -- the landscaping requirement for vehicle areas. And these are for buildings that are unoccupied. COMMISSIONER FIALA: Right. COMMISSIONER HILLER: And so what they're explaining is that you've got properties being acquired and the new owner walks into a building that is unoccupied, and what they are doing here is basically giving that new owner the opportunity to build up the tenancy in the building so that they can get the revenue to pay for this landscaping requirement for these parking lots. COMMISSIONER FIALA: Yes, I understand. I just worry about the surrounding businesses and I worry about that person. You know, if you have a year to fix it up, especially if the landscaping has deteriorated, and that's the first impression somebody gets of a property and they've just bought it. Now, maybe they would just fix it up, and who knows, I mean, because they know that that's the first impression anybody gets. But they really don't have to do it for a year. And I just felt - I mean, according to this. Now it's three months. So I would prefer to give them six months, that's still giving them double the time that they have, and yet there are some guidelines to follow. COMMISSIONER HILLER: Sure. That's not unreasonable. The problem is that these people, because they're acquiring a building that's vacant, don't have the revenue to make these upgrades that the prior owner, for example, failed to satisfy. So they still have the requirement to maintain the property. We are talking about parking lots. We're not talking about the general maintenance of the building, we're talking only about the vegetation in the parking lot, so -- COMMISSIONER FIALA: Right. And what I was thinking of at the time is, because I understood that very well, is how many times Page 155 July 24, 2012 shopping centers themselves will look so rundown because they haven't kept up their parking lots. CHAIRMAN COYLE: You need to speak into the -- COMMISSIONER FIALA: Oh, I am so sorry, okay. I'm sorry, yes. They haven't kept up their parking lots so it looks really bad. COMMISSIONER HILLER: Do we have a lot of issues like this out there? I mean, do we have a lot of commercial buildings ?'` Can -- Jamie, you're nodding your head. Can you come up here and share that with us? Because if we have this, I mean, you all are bringing this forward, you're saying you're agreeing with what NABOR and Mr. Poteet have said but now you're nodding your head saying that in fact we have a bigger problem, as Commissioner Fiala is pointing out. CHAIRMAN COYLE: Drive down 41 East. MR. FRENCH: Good afternoon. For the record, Jamie French. I'm your Director of Operations and Regulatory Management for the Growth Management Division. Commissioners, my group is responsible for intercepting all of these applications that come forward. What happens is that we don't necessarily look at the minimum code that was required at the time of construction. We look at the current minimum code. So if you have a building that was sitting for six or eight months, what happens is that this is a burden that's now been placed on this new property owner to bring up all of their landscaping requirements. Doesn't exempt them from meeting the code at the time of construction, it simply says guess what, now that your building has been unoccupied you now have to meet the current code. What has happened is that the industry, NABOR, as well as the -- not the CBIA but the industry as a whole has said is there any way we can be exempt from this. We agree we may have dead vegetation that needs to be replaced when the project was originally finished. But now we have to bring up the vegetation requirement because of the Page 156 July 24, 2012 new code. What NABOR has come back to say and what they have told us is that the average property sits vacant for about a year. Currently they have about 90 days. So if they've been vacant for more than 90 days, we have to bring them up to the current code. It makes it a little hard for a realtor, I guess, to move that property that quick. COMMISSIONER HILLER: It makes it very hard. Sothis doesn't exempt them from the requirement of being up to code based on how they were permitted. MR. FRENCH: At the time that that project was finished, they would have had to have met the minimum code. And if they're not meeting the minimum code, that would -- COMMISSIONER HILLER: Trigger the new code -- MR. FRENCH: Trigger a code enforcement action and code would ensure, or they should ensure, and they would, that they were meeting the code at the time - COMMISSIONER HILLER: That they were permitted -- MR. FRENCH: -- that that property was C.O.'d. COMMISSIONER HILLER: Oh, sorry, C.O.'d. No, you're absolutely right. This absolutely doesn't make any sense at all. So essentially merely because a property sits vacant, the property owner is penalized and is required to upgrade their vegetation? MR. FRENCH: That's correct. And we track that based off of the occupational license. So if there's not been an occupational license assigned to that property, what happens is that indicates to us that that business or that building is sitting like a shell. COMMISSIONER HILLER: But by contrast, another building which is fully occupied, which has vegetation from the previous code doesn't have to upgrade their vegetation to the new code -- MR. FRENCH: So long as there's an occupational license tied to that parcel ID, no, ma'am. Page 157 July 24, 2012 COMMISSIONER HILLER: Why are we requiring a vacant building to upgrade their vegetation and their parking lot? MR. FRENCH: I believe many, many years ago so many of these buildings were built maybe in the Seventies or in the Eighties, and there was no vegetation requirements. And as there was improvements done throughout the community and the restrictions became a little bit more heightened for community improvement, many of these had wanted to get away from an industrial feel and put more of a vegetation look to these buildings. So it was -- there was a big enhancement, there was a plus back to the community. But what's happening now is that some of these buildings, they've just gone into bankruptcy, they've switched owners, and there hasn't been -- Commissioner, you're dead on right, Fiala, Commissioner Fiala, is that they've allowed the maintenance of these properties to fall to the wayside and they're not even meeting the minimum code at the time they were C.O.'d. COMMISSIONER FIALA: There is an exception here. COMMISSIONER HILLER: But this has nothing to do with that. COMMISSIONER FIALA: Well, there is an exception. In my district we have a lot of older properties. And when they were permitted back then, the requirements were totally different. And I'm going to give as an example the mini - triangle, mini, the first 14 acres. But they had properties that were strip or were swirled around. There were no straight property lines at all. If they had to meet minimum code now they couldn't fit the landscaping into the parking lot unless they took the building down. So what we've had to do is modify that for older buildings that cannot meet the requirement regardless, because of the shape and so forth of the lot, then we approach that differently. COMMISSIONER HILLER: And I understand exactly where you're coming from, Commissioner Fiala. But this particular Page 158 July 24, 2012 regulation, now that it's clarified beyond what I read, makes no sense at all. Merely because a building sits vacant, and it could be a brand new building, has nothing to do with age or size or location, because it sat vacant for 90 days, that they would have to upgrade their vegetation is nonsensical. I mean, it just doesn't make sense at all. I mean, I couldn't support this under any circumstance. I don't know even why this is in here. MR. FRENCH: Currently the code is 90 days COMMISSIONER HILLER: Right. Well, I'm saying the code shouldn't -- I mean, this whole provision -- MR. FRENCH: This was directed -- this was directed by the Board on your September 27th meeting, as Caroline's indicated, to bring it back with a one -year time frame. COMMISSIONER HILLER: So we're punishing an owner of a building by having vacancies -- by requiring them to upgrade their parking lot vegetation to the new code standard? Honestly, I can't support this. I mean, I understand why you're making a change to one year -- MR. FRENCH: Well, currently, ma'am, the code is 90 days -- CHAIRMAN COYLE: Wait a minute, yeah, if you don't approve the change, you're punishing them -- COMMISSIONER HILLER: I know. I understand. I'm going to approve the change and ask that you bring this back to eliminate it altogether. Because it doesn't make any sense. I mean, why would you punish someone that has a vacant building by requiring them to upgrade landscaping in a parking lot? I mean that's what you just described is what this means. I mean, the requirement to meet whatever their standard was when they were C.O.'d is not being changed in any way, regardless of the occupancy. But to force them to upgrade landscaping occupancy -- based on occupancy. MR. FRENCH: The code doesn't change. Right, but the code Page 159 July 24, 2012 doesn't change that often. This is just simply a balanced approach to what the industry has asked for and what staff feels -- COMMISSIONER HILLER: Right. And I'm asking -- I'm going -- my motion for a year stands. And I'm going to add that please bring this back to eliminate this requirement altogether. Because this is nonsensical. If I'm understanding you correctly, this absolutely is a ridiculous burden on business. MR. FRENCH: Ma'am, if that's the direction of the Board, then we'll -- MS. CILEK: It would be vetted through the formal process in the next cycle. COMMISSIONER HILLER: I don't think anyone understood that this meant what you just described. And if people did, I guarantee you, no one would support it. MR. FRENCH: Your question of me was how often -- do we have a lot of these. Yes, we do. We have a lot of applications that come forward where new businesses are trying to move into vacant properties, and this is a determination as to whether or not they'd lease or purchase this property. COMMISSIONER HILLER: Which is -- I can see why that would be a big problem. And it's an unfair burden. There's no nexus between vacancies and, you know, new code requirements for parking lot vegetation. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Yeah, I think the amendment would say if you have an approved site plan for whether it be vehicle -- vehicular landscaping or landscaping that -- what I'm hearing my colleague say, that is sufficient. COMMISSIONER HILLER: May I comment, Commissioner Coyle? CHAIRMAN COYLE: Commissioner Fiala was next. COMMISSIONER HILLER: Sorry, go ahead. Page 160 July 24, 2012 COMMISSIONER FIALA: That's all right. I don't want to hold anything up. But I feel six months is a more reasonable time frame. But that's still my opinion. CHAIRMAN COYLE: I think we have to be forward looking. Our objective of course is to make sure that our community always maintains good standards. MS. CILEK: Certainly. CHAIRMAN COYLE: And there are certain occurrences in terms of not only private homes but commercial structures where we demand that they be brought up to current code. Because if we didn't, as things get older they deteriorate, and they're never brought up to acceptable codes, and there's no trigger that allows you to require them to come up to current codes. So the challenge to us is to find a trigger that makes sense. It's not to eliminate all opportunities to require that they upgrade, it's to find a trigger that is reasonable. And that's where the disagreement I think lies. There's some commissioners who are saying we shouldn't ever have a trigger and you could keep that old vegetation code in place forever and ever and ever. And others who say you are to keep it consistent with the neighborhood as it continues to improve. So we're at a dilemma here. So I don't think we've got four votes to go either way here. COMMISSIONER FIALA: Let me just add one more thing that we haven't spoken of at this point and that is these properties are vacant properties, that also means they don't have an impact fee to pay. And they can use that impact fee to fix the property up and bring it into code compliance, if it's reasonable. If the property cannot be brought up to code because of the size or configuration of the lot, well then we would address it in a different manner. But I think that, you know, luckily that money there that they don't have to pay out in impact fees can then go to upgrading the property inside and outside. Thank you. Page 161 July 24, 2012 CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yeah, I'm not sure how impact fees relates to this at all. We're not talking about development, we're talking about a fully developed building. This also has absolutely nothing to do with residential. It has nothing to do with single- family homes or mobile home or quite frankly public utilities ancillary systems and dwellings on individually platted lots. It has nothing to do with that. It strictly has to do with vehicular areas and rights -of -way relating to these commercial buildings. I almost think that this constitutes a taking. Because when these buildings were C.O.'d, they were required to satisfy a certain level of landscaping. They satisfied that requirement and must continue to satisfy that requirement or they face a code violation. To require them to upgrade and do additional landscaping merely because they are vacant for six months makes no sense at all. So, you know, I can understand we all want this community to be beautiful, but we cannot unfairly burden business, you know, merely because they don't have a tenant. They are code compliant if they maintain their landscaping based on the landscaping that was approved pursuant to their permit application for construction. CHAIRMAN COYLE: Okay, we've heard everybody's opinion. Why doesn't somebody make a motion. COMMISSIONER HILLER: I did. I'm going to make a motion to approve as presented. And then I would like to -- and this is separate from my motion, but I'd like this brought back to be removed completely. But for right now I'm going to make the motion to approve as presented. COMMISSIONER HENNING: Second the motion. CHAIRMAN COYLE: Okay, a motion by Commissioner Hiller to approve as submitted by staff, which is the 12 -month vacancy provision, and seconded by Commissioner Henning. All in favor please signify by saying aye. Page 162 July 24, 2012 COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: I'll say aye, but I'm not in favor. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: And I'll say aye, but I don't think it's legal. CHAIRMAN COYLE: Okay, I think we have a unanimous vote. I think I'll say no. No, it's -- the motion passes unanimously. But it seems that we're going to get a chance to argue this again shortly. COMMISSIONER HILLER: Can I make another suggestion? That we just continue it and have legal work with staff to review what's being asked and talk with the community again and then bring it back in September? I mean, that's another way to deal with it. I'll change my motion. I've got one "'nod. I see Commissioner Fiala nodding. COMMISSIONER FIALA: I'm nodding. But I don't think we can already -- COMMISSIONER HILLER: Can we? I mean, we can -- CHAIRMAN COYLE: You've got to reconsider the vote, which we can certainly do, reconsider the item. If there's a motion to reconsider, let's hear it. COMMISSIONER HILLER: Would anyone like to -- how many nods, before I ask for a reconsideration? Can I poll the Commissioners publicly? CHAIRMAN COYLE: Motion for reconsideration of a super majority vote has to be unanimous, right? COMMISSIONER HILLER: Does it have to be unanimous? CHAIRMAN COYLE: No, no. It's 0 -3. COMMISSIONER HILLER: What do we have to do, Jeff? Page 163 July 24, 2012 MR. KLATZKOW: Three. CHAIRMAN COYLE: Three people. COMMISSIONER HILLER: Can we have some discussion first as to -- well, can we have some discussion as to whether this should be reconsidered to allow for -- MR. KLATZKOW: Commissioner, your issue is the vacancy, that one clause? COMMISSIONER HILLER: Right. MR. KLATZKOW: So why don't we go with the one year and staff can bring it back in September for discussion after vetting with the community whether they want to get rid of that one clause of the vacancy. COMMISSIONER HILLER: Again, I don't know that we can legally require anyone to do more than what was required of them. They're grandfathered in by law. You have -- MR. KLATZKOW: But your current ordinance requires them to do it. COMMISSIONER HILLER: `I understand. But the question is whether that's legal. I mean, you've got -- these are legally conforming grandfathered properties, and we're providing that if they're vacant, they're now all of a sudden nonconforming and only have a certain amount of time to come up to the new code that never applied to them. CHAIRMAN COYLE: We've heard it all. We've heard it all four or five times now. The only question I have, we're going to have to have a break for the court recorder. But the concern I have is you've got, what is it, how many days, 90 days now? MS. CILEK: Yes, it is currently 90 days. CHAIRMAN COYLE: You've got 90 days. That's what people understand. We're going to give them 100 for a couple of months and then we're going to consider taking it away. That causes more confusion than I think it's worth. Page 164 July 24, 2012 COMMISSIONER HILLER: That's why I say maybe -- I'll make a motion to reconsider and to continue this. COMMISSIONER FIALA: Reconsider this motion and to bring it back -- COMMISSIONER HILLER: In September -- CHAIRMAN COYLE: For further consideration, yeah. So okay, the motion by Commissioner Hiller is to reconsider. Is there a second? COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. And Commissioner Henning? COMMISSIONER HENNING: Well, you're delaying potential properties to be unoccupied because it's not affordable. COMMISSIONER HILLER: Well, then we'll leave it the way it is. I think you make a good point. Then we'll just leave it the way it is and bring it back in September. Except I still don't think it's legal, period. COMMISSIONER HENNING: That's another day for another argument. So you're pulling your motion? COMMISSIONER HILLER: No, I'm leaving it. I mean, we already voted - yeah, I'm pulling my motion for reconsideration. I don't want to hurt these businesses any more than they already are. CHAIRMAN COYLE: All right -- COMMISSIONER HENNING: You want to give the public a 15- minute break? CHAIRMAN COYLE: We're going to do that, but we're going to finish this first, okay? We've had our vote, it's not going to be reconsidered. The one -year provision was approved, and we are going to take a break. We'll be back here at 3:11, because it's almost 3:06 now. So we'll be back here -- oh, no, 3:16. Okay. 3:16, we'll be back. Page 165 July 24, 2012 (A recess was taken.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Okay, we're going to have to get underway here now. Commissioner Hiller's going to have to leave here at 3:45. So we need to finish up as much of this as we possibly can. Okay. MR. OCHS: Yes, sir. Keep going. MS. CILEK: Great. The next amendment is 5.06.00. I'm just going to read off the first on the list in this section. This amendment is for sign regulations and standards by land use classification. COMMISSIONER HENNING: Move to approve. COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA:, Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Now, may I say something on this. This is the sandwich board that they're allowed on the sidewalk, that's one of the things. And the whole emphasis -- part of the emphasis was to get people out of our right -of -way as dancing around with the sign. Okay? So we're going to get those dancing people out? MS. CILEK: Oh. COMMISSIONER HENNING: No? MS. CILEK: This does not address -- MR. OCHS: Not this one. MS. CILEK: This amendment does not address hand -held -- COMMISSIONER HENNING: No, I know this amendment Page 166 July 24, 2012 does, but just the dancing signs. MS. CILEK: I'm going to let the County Attorney's Office -- MR. KLATZKOW: We don't have an ordinance that prohibits it. COMMISSIONER HENNING: Okay. All right. What's the next one? MS. CILEK: All righty. The next amendment is 10.02.07.0 one through two, Submittal Requirements for Certificate of Public Facilities Adequacy. This amendment was Board directed and removes specific references to the amount of estimated transportation impact fees required to be paid to obtain a certificate of public facility adequacy. These provisions are contained in Chapter 74 of the Collier County Code of Laws and Ordinances, also known as the consolidated impact fee ordinance. And these provisions are subject to change at Board discretion. And this amendment will prevent any conflicts between regulations and Board direction in the future. COMMISSIONER HENNING: Move to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Henning. Seconded by okay, Commissioner Fiala. Go ahead, Commissioner Coletta. COMMISSIONER COLETTA: No, that was for the last time. CHAIRMAN COYLE: Oh, that's for the last time. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Okay. Page 167 July 24, 2012 MS. CILEK: The next amendment is 10.02.13.F, Planned Unit Development, PUD, Procedures. And this amendment follows Board direction provided on September 27th of last year and proposes to allow property owners to file a PUD report for only the portions of a PUD which are not built out. Property owners who own portions of the PUD which are built out will not need to file a report. COMMISSIONER HENNING: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, seconded by -- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Commissioner Fiala. Commissioner Hiller? COMMISSIONER HILLER: I'm not sure I really understand this, because obviously to the extent a portion of the PUD being built out, I mean, what would have to be reported on with respect to a portion of the PUD that is built out? MR. CASALANGUIDA: The way your code's written now, Commissioner -- for the record, Nick Casalanguida. And I'll give you an example how it happens so that it will answer your question. A developer for Heritage Bay does the planned unit development and then sells portions off to different developers. When that certain section gets built out, because there's development intensity left within the PUD, all owners are reporting, but yet there is one section of the PUD that's completely built out. So whoever the person is that's still left building and owns those development rights has to do the reporting. And for the county's purposes, we still review every commitment with that one report. So we don't skip a beat making sure that they're still compliant. COMMISSIONER HILLER: However, the problem is -- oh, okay, so you're -- so this is not going to eliminate the -- how are you going to track the commitments, the general commitments and the Page 168 July 24, 2012 infrastructure commitments? MR. CASALANGUIDA: They're in our commitment tracking system. I think I'd sent you a link on the website. But when our annual monitoring report comes in our PUD commitment coordinator reviews all of those commitments. Right now we're getting multiple reports, and that's kind of redundant for us if one section's built out. So if you own development rights, you're still submitting that report. And then we annually check those commitments to that report as well too. So if you're a section that's built out, you don't submit a report. If you own some development rights, you submit a report and then we do that commitment check annually. COMMISSIONER HILLER: So if I have built out -- if I buy, let's say, take Grey Oaks and I buy a section of Grey Oaks and I build that section out, if there are outstanding commitments for the development as a whole, you're tracking that. MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: So the only reporting you're talking about not tracking is the actual unit developments. MR. CASALANGUIDA: Unit development report. And right now they report, they still -- COMMISSIONER HILLER: Or unit developed, I mean. MR. CASALANGUIDA: Right. They still report on their commitments. But typically an HOA will say I don't know what the commitments are, and we're built out and we're the, you know, master association. The property owner who owns the development rights still submits a report. But regardless of who submits, I want to assure this Board, we still review the commitments annually. COMMISSIONER HILLER: And the infrastructure requirements. MR. CASALANGUIDA: And the infrastructure requirements. That's done at site development plan approval and annually, two times. July 24, 2012 COMMISSIONER HILLER: Then I'm okay with that. CHAIRMAN COYLE: Okay, is that a motion? COMMISSIONER HILLER: Yep. CHAIRMAN COYLE: Motion to approve by Commissioner Hiller, seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Motion passes unanimously. MS. CILEK: The next amendment on the agenda is 10.01.02, Development Orders Required. This proposed amendment follows Board direction following the Florida Specialties Project in 2010 to generate an LDC amendment which would grant other business the option for an expedited review process, similar to the Florida Specialties Project. The early construction authorization permit would allow for limited and specified construction prior to full SDP approval. However, the SDP would be reviewed by staff and comments posted before it would be allowed to continue with the process of construction. Some of the criteria that would need to be met prior to the construction permit include the zoning would need to be in place to allow the use. As I said, the SDP would need to receive its first set of review comments and identify if there are any fatal flaws. And if there were, would go back through a traditional process as well as the building department and the fire department would approve the work for the permit and the part of the construction to be authorized. A bond would also be provided by the developer, approved by Page 170 July 24, 2012 the county and based on the cost to return the site to pre- condition standards. Once the SDP as proved, the bond would be released. This received unanimous support from the Planning Commission, after working with them on this amendment. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Okay, now, once again, this came from what direction, this particular -- MS. CILEK: Following the Florida Specialties Project in 2010, that process and project came with the need to address the concern for an expedited review process. So that one came through and they, like, well, let's follow with an LDC amendment to allow similar projects -- COMMISSIONER COLETTA: And then this is that process that we got to put into place. MS. CILEK: Exactly. COMMISSIONER COLETTA: It will cut down on the time and the cost of doing business. I want to make a motion for approval. CHAIRMAN COYLE: Motion for approval by Commissioner Coletta, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Motion passes unanimously. MS. CILEK: Great. The next amendment is 10.08.00, Conditional Uses Procedures. And this amendment follows Board direction. COMMISSIONER HENNING: Move to approve. Page 171 July 24, 2012 CHAIRMAN COYLE: Motion to approve by Commissioner Henning, seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MS. CILEK: Great, not a lot of explanation needed on that one. The next category amendments are growth management division staff sponsored and coordinated with CBIA requests. And the first one is 3.05.08.H. I .E. And I'm going to let Steve present this amendment. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Nice presentation. Motion to approve by Commissioner Coletta. COMMISSIONER FIALA: Second it. CHAIRMAN COYLE: Seconded by Commissioner Fiala. Anything that has to do with archeology, he's going to approve. He's the oldest guy up here. COMMISSIONER COLETTA: The most mature, not the oldest. CHAIRMAN COYLE: All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) Page 172 July 24, 2012 CHAIRMAN COYLE: Okay. Let's go to the next one. MS. CILEK: Thanks, Steve. The next amendment is 6.02.01, generally and 6.02.03, Transportation Level of Service Requirements. Let me just jump to this one. This amendment proposes several changes which originated from the recommendations of CBIA. First to clarify that projects require real time concurrency. So it lists out those that are under that provision so there will be no confusion in the future. And that is on Page 3. Secondly, Section 6.02.03.1) outlines the time frame for construction of required capital improvements. And this section was recommended by the Planning Commission to be removed from this amendment. This changes the time frame from two to three years for the schedule -- work schedule of work for the Collier County and FDOT. And staff also supports the Planning Commission's recommendation to remove this amendment. I can go into further detail, if needed. CHAIRMAN COYLE: Yeah, give us some clarification on the impact of that. MS. CILEK Sure. Yes, I'll let Nick speak to it, he's the expert. MR. CASALANGUIDA: Commissioners, I think for clarification, give you a little history. I think going back to 2000 and approximately 7 or 8, I think this Board switched it from three to two. There was concern on this Board that there was too much of a time gap between when a development order gets approved and when the concurrency comes into place. CBIA said, you know, things are doing a lot better, we'd like to go back to three years. It was a policy decision to go from three to two. And I expressed to CBIA and the folks that it would be a policy decision to go back to three. We do have adequate capacity right now. Our construction schedule is not as aggressive as it was before. We usually have one Page 173 July 24, 2012 project every year or two years. So you've got a little leeway. Planning Commission felt similar to what staff felt, if it's not broken, don't fix it. We're not saying no to anybody right now. So I think Planning Commission said don't change it. The rest of the amendment other than that is clean -up items, so if, depending on where the Board goes, I would suggest that other than the date change that you recommend keeping the other clean -up language in there, because it's things that we don't do anymore. So that's a little background. And I can answer questions if you need to. CHAIRMAN COYLE: So you're suggesting that we accept the recommendation of the CCPC? MR. CASALANGUIDA: I'm comfortable with that, yes, sir, I am. CHAIRMAN COYLE: And you think everything is going to be okay if we do that? MR. CASALANGUIDA: I do. It's consistent with what your policy is right now. MR. OCHS: Two years. MR. CASALANGUIDA: Two years. CHAIRMAN COYLE: Okay. I'll make a motion to approve. And it's seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Motion passes unanimously. MS. CILEK: Great. The next amendment is 6.06.01, Street System Requirements, and 6.06.02, Sidewalks, Bike Lane and Page 174 July 24, 2012 Pathway Requirements. COMMISSIONER HENNING: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Henning. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MS. CILEK: Great. The next amendment is 4.06.02, Buffer Requirements. And this proposed amendment creates a new provision to allow for flexibility and creativity of a buffer between two like uses. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: You're doing fine, keep going. Page 175 July 24, 2012 MS. CILEK: If I can turn my page faster. 10.02.03.13.1, J through K, Submittal Requirements for Site Development Plans. And this is to address the Collier County FDOT right -of -way permit process, making it so that permits may be submitted following SDP approval at or before the county preconstruction meeting. This is just to clarify the procedure and some clean -up on Section 10.02.05. CHAIRMAN COYLE: Is there a motion? COMMISSIONER FIALA: Yes, I'll make a motion. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion by Commissioner Fiala, seconded by Commissioner Coletta. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Motion passes unanimously. MS. CILEK: Great. Next one is 10.02.0.3.13.4.13, Submittal Requirements for Site Development Plans. And this is to amend the site development plan extension provision and allow for SDP's to apply for two two -year extensions in place of the current one one -year extension. There's also a clean -up item on the following section that is an error in the number of years that an SDP is valid for. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Coletta? COMMISSIONER COLETTA: Yes. CHAIRMAN COYLE: All in favor please signify by saying aye. Page 176 July 24, 2012 COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, Commissioner Hiller. COMMISSIONER HILLER: I just want to ask about that. So does that mean that they automatically have four years, or why are there two two -year extensions? What -- subject to what after the first extension? MS. CILEK: The process to request the extension would be the same as it currently is. The idea here is to give them a little bit more time during that extension process before they have to come back. A year time frame to get up and rolling is just a year. COMMISSIONER HILLER: Why don't just give them a four -year extension? MS. CILEK: Well, the idea was that they needed to come back. And they may not need it. And -- COMMISSIONER HILLER: So they have to request it? MS. CILEK: They do; request both of the extensions. COMMISSIONER HILLER: So it's not automatic as a matter of right, they have to be granted it? MS. CILEK: I believe that the amendment identifies -- in the code section, let me just jump to it. 10.02.03. CHAIRMAN COYLE: They do have to request it. It's not automatic. MR.00HS: Right. MS. CILEK: Right, line 32 and 33. CHAIRMAN COYLE: It's intended as an incentive to get them to move more quickly if they can. If they can't do it then they have Page 177 July 24, 2012 another shot at it. MS. CILEK: Correct. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner -- COMMISSIONER HENNING: Henning. CHAIRMAN COYLE: Coyle -- Henning. Okay, Commissioner Henning. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MS. CILEK: Okay. The next amendment is 10.02.05.13. And similar to the last one, this is to amend the site improvement plan SIP extension provision for approved construction plans and plats and allow for two two -year extensions in place of the current one one -year extension. COMMISSIONER HENNING: Move to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Coletta. All if favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Page 178 July 24, 2012 Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. MS. CILEK: Great, the next amendment is -- COMMISSIONER FIALA: Let me just -- let me go back. We are then approving the CCPC recommendations. CHAIRMAN COYLE: Yeah. COMMISSIONER FIALA: Okay. MS. CILEK: Next amendment is 10.02.07.C.13, Submittal Requirements for Certificate of Public Facilities Adequacy. And following the County Attorney's review, we found a mistake and we'd like to take it back to the Planning Commission and bring it to you in September. COMMISSIONER HENNING: Move to continue. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to continue till September by Commissioner Henning, seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Motion carries unanimously. MS. CILEK: And this is the fourth of the four we'd like to continue for the next amendment, which is 4.05.02, Design Standards, and 4.05.04, Parking Space Requirements. And again, there's just one thing we need to discuss with the County Attorney's office. And we'd like to bring it back in September. CHAIRMAN COYLE: You want to bring it back in September. Page 179 July 24, 2012 COMMISSIONER COLETTA: Motion to continue. CHAIRMAN COYLE: Motion to continue by Commissioner Coletta, seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion carries unanimously. MS. CILEK: Great. We're moving into the last category on the agenda, complex amendments. And the next amendment to discuss is 4.02.01.1), Dimensional Standards for Principal Uses in Base Zoning Districts. And this amendment seeks to codify a staff clarification, 07.01 to allow air conditioning units that must be elevated in order to meet flood elevation requirements to encroach into a yard setback, provided that the minimum building separations are maintained. And this is consistent with the staff clarification. And this received a vote of 8 -1 by the Planning Commission. COMMISSIONER HENNING- What's the number on that? CHAIRMAN COYLE: It's 4.02.01.1). MS. CILEK: It's the second to last amendment in your binder. COMMISSIONER HENNING: Oh, second to last. That's allowing the elevated air conditionings to be in the side yard without being sucked in b the building or whatever. b g y g MS. CILEK: Correct. They could encroach into the side yard. COMMISSIONER HENNING: I could support that. MS. CILEK: And that would then be elevated. CHAIRMAN COYLE: Okay, motion by Commissioner 0-1-ml July 24, 2012 Henning for approval -- COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: -- seconded by Commissioner Coletta. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING:. Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, it passes unanimously. MS. CILEK: Is there a question? COMMISSIONER FIALA: Yeah, I did have a question. Remember that development who wanted to take the air conditioner off their roof and put it on the ground and we had to refuse them? I'm talking to Nick, excuse me. Maybe you don't remember. That was a little while back. Would this then have applied to them? MR. CASALANGUIDA: Well, the reason we're doing this, it's because of FEMA requirements. Your mechanical systems have to be elevated. So they couldn't put it on the ground if they were in a flood zone and the base flood elevation, let's say for argument's point was this high. The air conditioner would have to be above that, it's a mechanical unit. So you had your three choices, the roof, the rear yard or recessed. And those are all expensive and not desired by the public. So this is meeting that base flood elevation mechanical system requirement that FEMA requires. COMMISSIONER FIALA: Okay, thank you. CHAIRMAN COYLE: Okay. MS. CILEK: And our last amendment on the agenda today is 5.05.08, Architectural and Site Design Standards. And this one is a little bit unique. It did not receive a vote by the Planning Page 181 July 24, 2012 Commission. It was not reviewed. And what we'd like to do is staff would like to request Board direction to review the entire section, 5.05.08 with the authoring committee that put forth the entire section a couple years ago in 2004. There is a recommendation from DSAC, which is to look at these proposed amendments, but staff really recommends taking these amendments forward, putting them through the whole review process, and coming back during the next cycle, propose amendments to the entire section. COMMISSIONER FIALA: I like that - COMMISSIONER HILLER: A motion -- CHAIRMAN COYLE: So that's a continuance, really, isn't it? MS. CILEK: We would like Board direction to review the entire section -- CHAIRMAN COYLE: Okay, so you're looking for a motion to review the entire section and bring it back for consideration at a later date. MR. OCHS: Through the normal vetting process. CHAIRMAN COYLE: Through the normal vetting process. MS. CILEK: Including the authoring committee. But yes. CHAIRMAN COYLE: And who is making a motion? COMMISSIONER FIALA: I did. COMMISSIONER HILLER: I'm seconding it. CHAIRMAN COYLE: Okay, Commissioner Fiala made the motion, Commissioner Hiller seconded it. Commissioner Henning? COMMISSIONER HENNING: Is the intent to go back to the applicability of the architectural standards? And the reason why, give some, a little bit of history and go back to basics? Is that -- MS. CILEK: Yes, we'll be looking at applicability during the review, certainly. COMMISSIONER HENNING: That's good. I'm glad. Page 182 July 24, 2012 CHAIRMAN COYLE: Good. And we got it finished before Commissioner Hiller has to leave. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: You've got five more minutes. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) MS. CILEK: Thank you so much for your time. CHAIRMAN COYLE: Okay, it passes unanimously. Great job. COMMISSIONER HILLER: Can I make one comment? With respect to this last one, the 5.05.08, it reminded me of the Toys R Us issue and fronting on Airport and the debate we went through with that. So I think this has to be very carefully considered when you're doing your re- review on that. MS. CILEK: Certainly. COMMISSIONER FIALA: Very good point. COMMISSIONER HENNING: Commissioner Coyle, I have an item under Commissioners comments that I'm afraid if we don't have a full board here, it's going to get a split decision. CHAIRMAN COYLE: Do you have to leave at 3:45? COMMISSIONER HILLER: Not that I know of. CHAIRMAN COYLE: I was told you had to leave. COMMISSIONER HILLER: No. CHAIRMAN COYLE: Okay. Maybe we won't have a split. COMMISSIONER HILLER: Why would I leave? Is something coming up that you would like me to leave so you can speak without me present. It would be my pleasure. Page 183 July 24, 2012 CHAIRMAN COYLE: It was just wishful thinking, okay. COMMISSIONER HILLER: Well, you know what, if you keep wishing, maybe your dream will come true. CHAIRMAN COYLE: No, we're doing real well today, so we're making good progress. Okay, where do we go now? COMMISSIONER HILLER: Did you want to bring something up, Commissioner Henning? CHAIRMAN COYLE: You want to do it now, or if Commissioner Hiller's going to be here? COMMISSIONER HENNING: No, if we've got a full board, I'll wait. We've got some highly powered people here being paid. I want to get them out of here. Item #8A DEVELOPMENT ORDER 2012 -01 /RESOLUTION 2012 -138: AMENDING DEVELOPMENT ORDER NO. 85 -49 AS AMENDED, FOR PETITION DOA- PL20100001550, THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER INCLUDING AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT CHANGES IN ' ACREAGES FOR VARIOUS COMPONENTS OF THE PROJECT AND REMOVAL OF CONVERSION TABLE; REDUCING THE NUMBER OF DWELLING UNITS FROM 1,603 TO 850; INCREASING THE PRESERVE AREA TO 341 ACRES, DELETING GOLF COURSE AS A PERMITTED USE AND ADDING A BUILD -OUT DATE; AMENDMENTS TO THE CONCLUSIONS OF LAW SECTION AMENDING THE FOLLOWING SUBSECTIONS: EDUCATION SUBSECTION TO PROVIDE FOR DEDICATION INSTEAD OF DONATION OF A July 24, 2012 SCHOOL SITE; AMENDMENTS TO FIRE PROTECTION SUBSECTION TO REMOVE REQUIREMENT OF FAIR SHARE CONTRIBUTION TO CAPITAL AND OPERATING EXPENSES AND REPLACE WITH PAYMENT OF IMPACT FEES; AMENDMENTS TO THE FISCAL SUBSECTION TO REMOVE THE REQUIREMENT THAT THE CONSTRUCTION OF A SEGMENT OF LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY; AMENDMENTS TO THE TRANSPORTATION SUBSECTION TO REFLECT REMOVAL OF PROPORTIONATE SHARE REQUIREMENTS FOR OFF -SITE ROAD SEGMENTS AND REMOVAL OF TRAFFIC MONITORING REPORT; REMOVAL OF WASTEWATER MANAGEMENT SUBSECTION; AMENDMENTS TO WATER SUPPLY SUBSECTION TO IDENTIFY WATER SUPPLY; AMENDMENT TO RE- NUMBER THE LEAPFROG DEVELOPMENT SUBSECTION AMENDMENTS TO THE GENERAL CONSIDERATIONS SUBSECTION TO MAKE MINOR LANGUAGE CHANGES AND CHANGE REPORTING TO BIENNIAL; REMOVAL OF THE WATER MANAGEMENT SUBSECTION; REMOVAL OF THE ENVIRONMENTAL CONSIDERATIONS SUBSECTION; REMOVAL OF THE TRANSPORTATION SUBSECTION; REMOVAL OF THE UTILITIES SUBSECTION; REMOVAL OF THE MOSQUITO CONTROL SUBSECTION; REMOVAL OF PARKS AND OPEN SPACE SUBSECTION; REMOVAL OF EXEMPTIONS TO SUBDIVISION REGULATIONS; SECTION TWO: FINDINGS OF FACT: EXTENDING THE BUILDOUT DATE TO JANUARY 22, 2026; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS AND TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED Page 185 July 24, 2012 EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA — ADOPTED MR. OCHS: Commissioners, the remaining items on the agenda have to do with the proposal for the Parklands DRI and PUD amendment and related developer agreement and settlement agreements with GL Homes. So if you don't mind, we'll just take them in the order that they come in your agenda. First item is Item 8.A. This item requires that ex parte disclosure be provided by Commission members and all participants are required to be sworn in. This is a recommendation to consider a resolution amending development order number 85 -4 as amended, for petition DOA- PL20100001550, the Parklands Development of Regional Impact DRI. (Speakers were duly sworn.) CHAIRMAN COYLE: Okay, we'll have ex parte disclosure by Commissioners. We'll start with Commissioner Henning this time. COMMISSIONER HENNING: I spoke to Mr. Ratterree, Mr. Anderson and a resident from Olde Cypress. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes, and I spoke to the same people, except for the residents of Big Cypress. CHAIRMAN COYLE: And I have spoken with Bruce Anderson and Mr. Ratterree. And Commissioner -- are we going to handle these in sequence, or are we -- COMMISSIONER HENNING: It's going to be real quick, hang on to your seat. MR. KLATZKOW: You could do them in sequence but they're all tied together. CHAIRMAN COYLE: You're going to do them all at one time. July 24, 2012 MR. KLATZKOW: You could if you want. CHAIRMAN COYLE: Let's do ex parte disclosure for the entire section. Is your ex parte disclosure the same, Commissioner Henning, for all of the items involving this petitioner? COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: And Commissioner Coletta, is that also true for you? COMMISSIONER COLETTA: That's true. CHAIRMAN COYLE: It's also true for me, Bruce Anderson and Kevin Ratterree, I have met with concerning this petition. Commissioner Fiala? COMMISSIONER FIALA: That holds true for me too. CHAIRMAN COYLE: And Commissioner Hiller? COMMISSIONER HILLER: I have had meetings, e- mails. I reviewed the staff report and I met with Mr. Ratterree. CHAIRMAN COYLE: Okay. Then we're ready to go. MR. ANDERSON: Good afternoon, Mr. Chairman. For the record, my name is Bruce Anderson from the Roetzel and Andress law firm. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. Wonderful presentation. CHAIRMAN COYLE: That is unfair. You know, you -- you didn't even give Commissioner Hiller a chance to ask a question. COMMISSIONER HILLER: The question I wanted to ask is how much did you just lose in legal fees by us approving this so quickly? And I really think it's unfair. MR. ANDERSON: Thankfully I'm not paid by the word. COMMISSIONER HENNING: Just to summarize, we're removing density, it's a smaller imprint. We're increasing preserves. And it's kind of a global fix throughout that whole system up there. So I appreciate GL Homes working with the concerned groups to make things happen. Page 187 July 24, 2012 CHAIRMAN COYLE: Yep, I agree. So we have a motion by Commissioner Henning to approve and seconded by Commissioner Fiala. And Commissioner Fiala wants to say something. COMMISSIONER FIALA: No, I was just going to make the motion to approve. CHAIRMAN COYLE: No, you were going to make the motion, okay. Then all in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MR. OCHS: Commissioners, that takes us to -- CHAIRMAN COYLE: Thank you -- MR. KLATZKOW: No. MR. OCHS: No, hold on. CHAIRMAN COYLE: You've got some more to do, I think. MR. OCHS- That was just 8.A. COMMISSIONER HENNING: I'll make a motion to approve 11 Item #9B ORDINANCE 2012 -30: AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, July 24, 2012 FOR PETITION PUDA- PL201000015511 BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPUD, TO CHANGE THE PUD BY REDUCING THE RESIDENTIAL DWELLING UNITS FROM 1,603 DWELLING UNITS TO 850 RESIDENTIAL DWELLING UNITS, INCREASING THE PRESERVE TO 341 ACRES, DELETING GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMENT STANDARDS REQUESTING DEVIATIONS FROM THE LAND DEVELOPMENT CODE, AND ELIMINATING A 7.23± ACRE PARK ON PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 642.34± ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 03 -42; AND PROVIDING AN EFFECTIVE DATE — ADOPTED MR. OCHS: Sir, I'm sorry, we still have 9.13 to do. It's related to this as well. It's the PUD amendment for the Parklands RPUD. CHAIRMAN COYLE: And the swearing in and ex parte disclosure is the same. MR. KLATZKOW: It was global. CHAIRMAN COYLE: Yeah, it was global. MR. KLATZKOW: Yes, sir. COMMISSIONER HENNING: I make a motion to approve 9.B. COMMISSIONER FIALA: And second that motion. CHAIRMAN COYLE: Motion by Commissioner Henning to approve 9.13, seconded by Commissioner Fiala. NUMM July 24, 2012 All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #111 A DEVELOPER AGREEMENT (DA) BETWEEN THE DEVELOPER OF PARKLANDS PUD, PARKLANDS ASSOCIATES I, LLLP (DEVELOPER) AND COLLIER COUNTY (COUNTY) TO FUND, DESIGN, PERMIT, AND CONSTRUCT LOGAN BOULEVARD NORTH - APPROVED MR. OCHS: Commissioners, next related item is item 11.I on your agenda. It's a recommendation to approve a developer agreement between the developer of Parklands PUD, Parklands Associates One, LLLP, developer and Collier County to fund, design, permit and construct Logan Boulevard north. COMMISSIONER HENNING: I'll make a motion to approve that. COMMISSIONER FIALA: And I'll second it. CHAIRMAN COYLE: Motion by Commissioner Henning to approve, seconded by Commissioner Fiala. All in favor please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Page 190 July 24, 2012 COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Item #I 2A SETTLEMENT PRIOR TO TRIAL IN THE LAWSUIT ENTITLED G.L. HOMES OF NAPLES ASSOCIATES II, LTD. V. COLLIER COUNTY, A POLITICAL SUBDIVISION OF FLORIDA THROUGH ITS GOVERNING BODY, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, CASE NO. 09-2451 - CA, FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, AND THE CHAIRMAN TO EXECUTE THE SETTLEMENT AGREEMENT — APPROVED MR. OCHS: Next related item, Commissioners, item 12.A under your County Attorney's report, it's a recommendation to approve settlement prior to trial in the lawsuit entitled GL Homes of Naples Associates Two, Limited, versus Collier County, a political subdivision of Florida through its governing body Board of County Commissioners, Collier County, case number 092451 CA, filed in the 20th Judicial Circuit in and for Collier County, Florida, and authorize the Chairman to execute the settlement agreement. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Fiala. And commissioner Hiller has a question. COMMISSIONER HILLER: Yeah, I do. I want to make sure that if impact fees go away, and are replaced by a mobility fee or a fee Page 191 July 24, 2012 by some other name that incorporates an impact fee, that the developer will get those new credits in lieu of the impact fee credits and will be used as an offset. MR. CASALANGUIDA: Yes. COMMISSIONER HILLER: But that isn't stated in the agreement. And I spoke to Jeff about this. And I just want to be absolutely certain that that's the case. Because quite frankly, it would be unjust enrichment otherwise. MR. CASALANGUIDA: Yes, ma'am. If we bring back, and we plan to, a multi modal fee, it still will be a roadway impact fee. And as part of recodifying the consolidated impact fee ordinance, we would make reference or cross - reference to those fees to make sure that they're consistent. COMMISSIONER HILLER: Well, since that hasn't come up yet, I would like it incorporated in the settlement agreement that if the impact fee is replaced by any other fee that incorporates an impact fee or similar to an impact fee, that that is a consideration. MR. CASALANGUIDA: I don't think you need it, I think, because -- COMMISSIONER HILLER: I want to be sure. Because otherwise, again, I think, you know, we know it's coming, the developer doesn't know it's coming. And it could result in unjust enrichment on our part. And I would hate to see us go back into some sort of disagreement with the developer. So we might as well just address it now and make sure that, you know, everybody is on the up and up. They don't know what you're contemplating. MR. CASALANGUIDA: For reference, ma'am, I have probably eight to 12 agreements already that reference impact fee credits one way or another. So they all would have to be amended consistent with the impact fee ordinance as well. They wouldn't have this change that you're recommending. So I'd put the county in default and have a lot of lawsuits unless I, when I update the impact fee ordinance, I don't -- Page 192 July 24, 2012 COMMISSIONER HILLER: What you've done in the past is really irrelevant. I mean, I'm aware of it. Now that the developer is here, I think it needs to be clarified accordingly. I can't address what you've done in the past. I personally did not know you were going to be coming forward with this mobility fee and substituting the impact fee -- or that you were going to propose this. And I don't know that the Board is necessarily going to accept it. But in the event that happens, I'm very concerned that this agreement provides that. And again, we know it, I know it, you know it. Jeff knows it. But the developer doesn't. And that is really not working from a fair deck. COMMISSIONER FIALA: I didn't know it either. MR. CASALANGUIDA: We talked about it when we presented that. You approved direction on the master mobility study, you said come back with a multi modal fee. COMMISSIONER FIALA: Yes, but you didn't say anything at all about eliminating impact fees. MR. CASALANGUIDA: No, ma'am. Clarification. Road impact fee will not change. ' You will still have a road impact fee. The flexibility to use it will be different. I will not be proposing to this Board to eliminate impact fees. COMMISSIONER FIALA: Yeah, I'd hate to see our taxes going up here. MR. CASALANGUIDA: No, ma'am, absolutely not. You're going to get a little more flexibility if the Board adopts a multi modal fee. That's all you would get. It's a multi modal road impact fee. Same thing. So I'm not going to propose to this Board eliminating impact fees. COMMISSIONER FIALA: That's going to take a lot of discussion. Plan a half a day. MR. CASALANGUIDA: What might help, Commissioner, if the Board gave direction if we're going to bring back a multi modal fee that it includes an update and cross- reference to the impact fee. Page 193 July 24, 2012 COMMISSIONER HILLER: I would like to have Mr. Anderson come to the dais and propose what type of wording would be appropriate to ensure that you don't come back and say we didn't know and this is unjust enrichment or whatever you want to call it. MR. ANDERSON: It would be something to the effect that in the event that road impact fees are no longer collected, that the impact fee credits would be applied to whatever replacement fee or tax were to be imposed for road improvements necessitated by growth. MR. KLATZKOW: I crafted the settlement agreement based on your current ordinances. And I understand where you're getting at, Commissioner Hiller, and I promise you should Nick come back with a mobility fee this will be taken care of in that ordinance. But the documents before you, the DCA, the settlement agreement were crafted in strict compliance with the ordinance. And I don't know what the Board's going to do. COMMISSIONER HILLER: Well, but that's the problem, that if the Board changes the impact fee and doesn't provide that the impact fee is, you know, one and the same or is basically included within this new mobility fee, then these developers are out of luck. COMMISSIONER HENNING: Can I help you out? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HENNING: We have other DCA's similar to this as Nick mentioned. That's separate and alone from any other ordinance that we create. We need to bring each one of those agreements back for. And there's two parties to an agreement. Maybe sometimes more than two parties. They have to agree to it. Similar to we adjust impact fees. However, we have right now $68 million of prepaid impact fees. Those are not affected by the change of impact fees, either up or down, because -- COMMISSIONER HILLER: That's a different issue. COMMISSIONER HENNING: Well, I'm trying to give you comparable -- Page 194 July 24, 2012 COMMISSIONER HILLER: No, but I understand. But again, I understand your point. The point is we know now, you're before us. COMMISSIONER HENNING: I never supported the mobility thing, so I don't know how many votes it takes. This Board is going to change over. I don't know if the new Board is going to be in favor of it. COMMISSIONER HILLER: And you're absolutely right. My only concern is since we know that it is going to be brought to us, we don't know what the vote will be. We have a developer in front of us right here right now. I don't want a situation where we have information that the developer doesn't have and we knowingly enter into an agreement that provides for something that may leave him high and dry. Because that would just be -- I mean, we can't do that legally. MR. KLATZKOW: Commissioner, I'll tell you right now, the ordinance that comes forward, whatever form it is, is going to be structured in such a way that it does not expose the county to litigation. COMMISSIONER FIALA: And if I were the developer, I would find a lot of confusion. All of a sudden this is being brought up, you know, am I supposed to wait before I bill because the fee is going to be different or should I pay my impact fees. Of course, they've already done that. They've already built their road. Wonder if I don't get the amount back. I think we cannot put anything today in any kind of form that we vote on. We have to know what we're even going to come up with in the first place. And there would be no reason we wouldn't treat every person fairly, because this is money they've put forward. We've got the attorney who tells us it's going to be fair. I just don't think we ought to be doing -- MR. KLATZKOW: And as an aside, part of the settlement agreement is if we don't live up to this, they can recommence the suit Page 195 July 24, 2012 against us, that's specific in paragraph 13. COMMISSIONER HILLER: I understand. Except that what the counterargument would be, Jeff, as you and I spoke about, would be that they would come back -- or you would come back and say, well, we said impact fees and there are no more impact fees, so you're -- COMMISSIONER FIALA: Have we ever done that before? COMMISSIONER HILLER: I have no idea. COMMISSIONER FIALA: Well, we haven't, so why would we start now? CHAIRMAN COYLE: All in favor of the motion please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Any opposed, by like sign. (No response.) COMMISSIONER HILLER: I would like to ask a question of the developer. COMMISSIONER HENNING: He agrees with you, so -- CHAIRMAN COYLE: You got 4 -1. COMMISSIONER HILLER: I haven't voted yet. Developer? It's up to you. CHAIRMAN COYLE: Don't snatch defeat from the jaws of victory. COMMISSIONER HILLER: What would you like? I mean, are you comfortable? If you're comfortable with this settlement agreement based on what I've said here, then by all means I'll vote to support it. But I believe in full disclosure. We have to be fair. We can't have information that you don't have and use that against you. MR. RATTERREE: For the record, Kevin Ratterree. R- A- T- T- E- R- R -E -E. I think I got it right. Vice president with GL Page 196 July 24, 2012 Homes. I appreciate Commissioner Hiller's comments. Certainly I think I have heard enough from the County Attorney and from the other board members and from staff that if there were a change proposed to the impact fee ordinance to go to a mobility fee that there would be language put in it that would protect those of us that have a preexisting developer contribution agreement that establishes an impact fee credit for improvements that were made on behalf of the developer. I also concur with Mr. Klatzkow's comment that Section 13 of the agreement does afford GL the legal remedy in the event that that representation does not come to fruition. COMMISSIONER HILLER: I appreciate your comments, I'll vote to support it. MR. RATTERREE: Thank you. CHAIRMAN COYLE: The motion passes unanimously. Three consecutive unanimous votes. That is unprecedented here. MR. OCHS: Who's counting. CHAIRMAN COYLE: Four. Four of them. MR. RATTERREE: I'm going to leave while I'm ahead. COMMISSIONER HILLER: That's because Bruce was representing this group, right? COMMISSIONER FIALA: Good point. CHAIRMAN COYLE- Okay, what do we have now, County Manager? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Sir, we're on to Item 15, staff and commission general communications. CHAIRMAN COYLE: Wow. That's great. Okay, we're going to Page 197 July 24, 2012 start with -- we started with Commissioner Henning on ex parte, we'll start with Commissioner Hiller on staff communications -- I'm sorry, we'll start with County Manager. MR. OCHS: I have no communications today, sir, except to wish the full Board a productive recess and look forward to seeing you back in September. Thank you. CHAIRMAN COYLE: And County Attorney? MR. KLATZKOW: Ditto. CHAIRMAN COYLE: Good. Commissioner Hiller? COMMISSIONER HILLER: Ditto. CHAIRMAN COYLE: Wow. Commissioner Fiala? COMMISSIONER FIALA: No, don't say ditto to me, because I've got stuff. First thing is that -- CHAIRMAN COYLE: You've already said this. COMMISSIONER FIALA: I know that, but there were people that might not have been listening. So I have to just say it one more time. I'm very, very proud of our airport director. He received this marvelous award from the Florida Department of Transportation for the 2012 general aviation airport project. That is the taxiway at the Marco Island airport. And it gives him all kinds of accolades as to achievements in esthetics, safety and service. And so I just wanted to say congratulations one more time. Not only to Chris Curry but to the airport staff and to the residents who get to use it. This is a wonderful thing. The second thing is -- CHAIRMAN COYLE: And wait a minute. And for those people who missed her last two announcements of this fact, she's going to be back on television at 7:00 p.m. tonight to tell you again. COMMISSIONER FIALA: And the last thing is we met at the same airport, by the way, Marco Island airport, and Nicole Johnson was kind enough to write this out for me. Page 198 July 24, 2012 After speaking with my staff at The Conservancy I learned that our GIS expert had the capability to plot the Marco airport's boundaries and compare them with the agreed -upon limit of development. Her mapping shows that the limit of development is indeed greater than the boundaries of land under the county's ownership. While the limit of development is directly against the western boundary of the airport's property, on the eastern side, the development area extends for a number of feet into state lands. This map confirms there is no land available for a conservation easement since an easement was to cover property owned by the county outside of the limits of development. I hope this gives you a visual of this issue. She says it is now a non - issue. So I just wanted everybody to hear that. CHAIRMAN COYLE: Good, thank you. And that's it? COMMISSIONER FIALA: That's it. Have a good summer. CHAIRMAN COYLE: Well, I just wish to -- wish everybody a happy summer. Commissioner Coletta? COMMISSIONER COLETTA: Yes, I've got about 12 items here. CHAIRMAN COYLE: You're going to be here by yourself. COMMISSIONER FIALA: Yeah, but we're getting out a day early. I didn't think we'd get out until mid -July. CHAIRMAN COYLE: No, we've got to be here tomorrow morning at 8:00 to dedicate that building. COMMISSIONER FIALA: What building? COMMISSIONER HILLER: What building? Norm's building? CHAIRMAN COYLE: The transportation building, at 8:00 tomorrow morning. Yes. COMMISSIONER FIALA: In this building? CHAIRMAN COYLE: No, but it's at the transportation, yeah. Page 199 July 24, 2012 But you've got to be there at 8:00 tomorrow morning. So you're not getting off. COMMISSIONER FIALA: Yes, sir. I'm not going any place anyway. I've got an election -- CHAIRMAN COYLE: You do? COMMISSIONER FIALA: -- to deal with. Yes. COMMISSIONER COLETTA: Ma'am, I do too. CHAIRMAN COYLE: Go ahead. COMMISSIONER COLETTA: I just want to remind everybody that before we meet again, August 30th will roll around and John Norman will be gone. John Norman is retiring and August 30th is going to his last day. So make sure before you leave the building, you go in there and you say hello to him and wish him the best of everything. I've got a feeling that even though he's retiring, he's not going to disappear from our lives, and What he's going to end up to doing is just working for nothing. COMMISSIONER HILLER: We're going to miss the chocolate covered peanuts. COMMISSIONER COLETTA: We sure are. COMMISSIONER FIALA: And all of the other goodies, huh. CHAIRMAN COYLE: Okay, that's it? COMMISSIONER COLETTA: That's it. CHAIRMAN COYLE: Okay, Commissioner Henning? COMMISSIONER HENNING: I want to step down to the podium, but I want to pass out a certified copy of the public record. I want to give you this visual of what the Board approved in 2008 and for the audience to also -- Item 9.A, appointments of members of the Collier County Planning Commission. (The following video recording was played.) COMMISSIONER HALAS.• "Motion to approve Donna J. Reed - Caron, and -- that reappointment. And reappointment of Brad Page 200 July 24, 2012 William Schiffer for District II, UNIDENTIFIED SPEAKER: And Commissioner Halas, as I spoke to you earlier, does that include -- COMMISSIONER HALAS.• Donna Reed - Caron, three-year term, and Brad Schiffer, a four year term. CHAIRMAN COYLE: And could I also nominate Mark Strain for reappointment? I would like to also suggest that Mark Strain be given a lifetime appointment to the Planning Commission. COMMISSIONER FIALA: I'll second that motion. CHAIRMAN COYLE: And to waive the requirement -- but we have to appoint three members, so that will round out to three members, so this is not in any way in conflict. CHAIRMAN HENNING: Is that included in your motion, Commissioner Halas? COMMISSIONER HALAS.: Yes, that's included in my motion. CHAIRMAN HENNING: And seconded by Commissioner Coyle. All in favor of the motion signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Any opposed? (No response) CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER COYLE: And that would include the waiver of the ordinance requirements on the restrictions for number of terms. Okay, good, thank you. " (End of video recording.) COMMISSIONER HENNING: The reason I -- and I also wanted to provide, and I think that you have it, in the record it states that this motion carried unanimously, and the term limits waivers was Page 201 July 24, 2012 for Commissioner Mark Strain, Planning Commissioner Mark Strain. So if anybody wants to do anything different, I think somebody needs to bring an item up to the Board that removes that waiver. Okay? CHAIRMAN COYLE: When is this? COMMISSIONER HENNING: When was this? CHAIRMAN COYLE: No, no, when is his next term up? COMMISSIONER HENNING: It isn't. It's unlimited. CHAIRMAN COYLE: No, no, no, he will have served four years in addition to this appointment as of what time? COMMISSIONER HENNING: If it was unlimited, that's your question, it would come up October this year. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: That's all I have. CHAIRMAN COYLE: Since I made the motion to give him -- to waive the limits for him, I'll also be happy to bring up a motion in October to remove the limits. COMMISSIONER HENNING: Well, we have another ordinance that deals with that, sir. And that ordinance states a limitation on when you can reconsider. So I'll give this information to Ian. CHAIRMAN COYLE: Okay, good. Is that all? Do you have more? COMMISSIONER HENNING: That's it. CHAIRMAN COYLE: Okay, is there a motion to adjourn? COMMISSIONER COLETTA: Motion to adjourn. COMMISSIONER FIALA: Second. COMMISSIONER HILLER: So we don't have to come back tomorrow? CHAIRMAN COYLE: Yes, you've got to come back tomorrow morning at 8:00. MR. OCHS: 8:00 a.m. at the Horseshoe Drive building. Page 202 July 24, 2012 * * * * 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 RECORD .THE FINAL PLAT OF RUNAWAY BAY REPLAT, APPLICATION NUMBER PPLA- PL20120000266, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W /STIPULATIONS Item #I 6A2 AWARDING OF CONTRACT # 11 -5751 TO AGNOLI, BARBER AND BRUNDAGE, INC. FOR ENGINEERING DESIGN SERVICES FOR THE "LELY AREA STORMWATER IMPROVEMENT PROJECT (LASIP): 1) COUNTY BARN ROAD, 2) WINGSOUTH, AND 3) PROJECT CLOSE OUT" PURSUANT TO RFP # 11- 5751, IN THE AMOUNT OF $599,148 TO AGNOLI, BARBER & BRUNDAGE INC. (PROJECT #51101) — THE ARMY CORPS OF ENGINEERS ENVIRONMENTAL RESOURCE PERMIT #SAJ- 2002 -2436 (IP -MJD) ISSUED ON JULY 285 2005 WILL EXPIRE ON JULY 25, 2015, AND DICTATES THAT ALL WORK MUST BE COMPLETED BY THE GIVEN DEADLINE Item 416A3 REJECT SUBMITTALS FOR RFP 411-563 1 R FOR "DESIGN - BUILD NAPLES MANOR SIDEWALK IMPROVEMENTS" CONSTRUCTION PROJECT IN THE AMOUNT OF $75000 Page 203 July 24, 2012 AND DIRECT STAFF TO DEVELOP FINAL CONSULTANT DESIGN PLANS FOR BIDDING THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS (PROJECT NO. 6908 1) — SIX MONTHS IS EXPECTED FOR THE DESIGN PROCESS WITH RE- SOLICITATION FOR IMPROVEMENTS AT THE FOLLOWING LOCATIONS: BROWARD STREET (US 41 TO CAROLINA AVENUE); TRAMMEL STREET (FLORIDIAN AVENUE TO TEXAS AVENUE); FLEMING STREET (FLORIDIAN AVENUE TO TEXAS AVENUE); GILCHRIST STREET (FLORIDIAN AVENUE TO TEXAS AVENUE) AND CAROLINA AVENUE (TEXAS AVENUE TO MCCARTY STREET) Item #I 6A4 AWARD A CONTRACT FOR BID NO. 12 -5881, "BUS SHELTERS REPAIRS," TO SOUTHERN SIGNAL AND LIGHTING, INC. IN THE ANTICIPATED AMOUNT OF $56,065 — REPAIRING FOURTEEN BUS SHELTERS THAT INCLUDE THE FOLLOWING AMENITIES: BIKE RACKS, TRASH RECEPTACLES AND BENCHES Item #I 6A5 REMOVE POSTED LOAD RESTRICTIONS OF "SINGLE UNIT TRUCK; 31 TONS" AND "COMBINED TRUCK; 34 TONS" ON BRIDGE NUMBERS 030138, 030139, 030140 AND 030141 EAST OF S.R. 29 ON IMMOKALEE ROAD, PROJECT NUMBER 66066 — PER A NOTIFICATION LETTER FROM FDOT DATED JUNE 13, 2012, SAYING THEY APPROVED THE NEW LOAD RATINGS FOR THE CONVENIENCE OF MOVING FREIGHT & GOODS Page 204 July 24, 2012 Item #I 6A6 AN ADOPT -A -ROAD PROGRAM AGREEMENT FOR WEBER BOULEVARD SOUTH FROM GOLDEN GATE BOULEVARD TO WHITE BOULEVARD FOR THE VOLUNTEER GROUP, NORTH NAPLES COUNTRY CLUB — HELPING TO KEEP COUNTY ROADS FREE OF LITTER Item #I 6A7 AN INTERLOCAL AGREEMENT WITH LEE COUNTY RELATED TO THE LEASE OF A BUS TO BE USED FOR THE PUBLIC TRANSIT ROUTE BETWEEN LEE AND COLLIER COUNTIES — THE NEW BUS PURCHASED WITH GRANT FUNDS WILL BE LEASED TO LEE AND IS EXPECTED TO BE DELIVERED IN NOVEMBER 2012 Item #16A8 RECORD THE FINAL PLAT OF TWINEAGLES GRAND ARBORS REPLAT OF TRACT "H", "I" AND BLOCK 107, APPLICATION PL20120000696, APPROVING OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVING OF THE AMOUNT OF THE PERFORMANCE SECURITY — W /STIPULATIONS Item #I 6A9 RELEASE OF LIEN IN THE AMOUNT OF $37,317.61 FOR PAYMENT OF $2,717.61, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS Page 205 July 24, 2012 VS. STAN SPENCE AND NANCY SPENCE, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NUMBER CEV20090004289, RELATING TO PROPERTY LOCATED AT 139 ANDREA LANE, COLLIER COUNTY, FLORIDA — FOR AN UNLICENSED VEHICLE ON THE PROPERTY, FOR A PERIOD OF 744 DAYS, WHICH WAS BROUGHT INTO COMPLIANCE ON DECEMBER 21,2011, BY THE NEW OWNER SUNCOAST CREDIT UNION Item 416A 10 RELEASE OF TWO LIENS WITH A COMBINED VALUE OF $129382.07 FOR PAYMENT OF $2,732.07, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. JAMES S. LOUCY, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NUMBERS CEPM20090010278 AND CENA20090010129, RELATING TO PROPERTY LOCATED AT 237 BURNING TREE DRIVE, COLLIER COUNTY, FLORIDA — FOR AN UNMAINTAINED POOL AND FOR MISSING SCREEN PANELS ON THE POOL ENCLOSURE, FOR A PERIOD OF 52 DAYS, WHICH WERE BROUGHT INTO COMPLIANCE ON NOVEMBER 12, 2009 Item # 16A 11 RELEASE OF LIEN IN THE AMOUNT OF $11,244.08 FOR PAYMENT OF $1,194.085 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. NEAL AND MARY SWEENEY, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NUMBER CEPM20100009663, RELATING TO PROPERTY LOCATED AT 1319 BARNSTABLE COURT, COLLIER COUNTY, FLORIDA - FOR AN Page 206 July 24, 2012 UNMAINTAINED POOL FOR A PERIOD OF 42 DAYS, WHICH WAS BROUGHT INTO COMPLIANCE ON MARCH 25, 20115 BY THE COUNTY Item #16Al2 RELEASE OF LIEN IN THE AMOUNT OF $19200.57 FOR PAYMENT OF $509080.57, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. EDWARD M. HARRIS JR. AND TAMMY HARRIS, CODE ENFORCEMENT BOARD CASE NUMBER CESD20090018220, RELATING TO PROPERTY LOCATED AT 5730 CEDAR TREE LANE, COLLIER COUNTY, FLORIDA - FOR AN UNMAINTAINED POOL AND FOR MULTIPLE UNPERMITTED STRUCTURES, FOR A PERIOD OF 451 DAYS, WHICH WERE BROUGHT INTO COMPLIANCE ON FEBRUARY 13, 20129 BY THE FORECLOSING BANK Item #16A13 RELEASE OF LIEN IN THE AMOUNT OF $18,067.19 FOR PAYMENT OF $19517.195 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. DANNY L. NAIRN AND MARIE E. NAIRN, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NUMBER CEPM2011000468I, RELATING TO PROPERTY LOCATED AT 753 93RD AVENUE N., COLLIER COUNTY, FLORIDA - FOR AN UNMAINTAINED POOL, FOR A PERIOD OF 68 DAYS, WHICH WERE BROUGHT INTO COMPLIANCE ON SEPTEMBER 14, 2011, BY THE COUNTY Item #I 6A 14 Page 207 July 24, 2012 AWARD BID #12 -5884 "INSTALLATION OF WIRELESS DETECTION SYSTEM" FOR INSTALLATION OF INTELLIGENT TRANSPORTATION SYSTEM WIRELESS DETECTION EQUIPMENT ALONG AIRPORT- PULLING ROAD FROM CLUBHOUSE DRIVE TO GOLDEN GATE PARKWAY INCLUDING THE INTERSECTION OF GOLDEN GATE PARKWAY AND BEAR'S PAW TRAIL TO AMERICAN LIGHTING AND SIGNALIZATION, INC. IN THE AMOUNT OF $249,730 (PROJECT #33165) — THE SYSTEM WORKS USING SENSORS EMBEDDED IN THE ROADWAY THAT WILL COMMUNICATE WITH A ROADSIDE COMMUNICATION HUB, THAT WILL SEND THE INFORMATION TO THE SIGNAL CONTROLLER AND THEN TO THE TRAFFIC MANAGEMENT CENTER ALLOWING FOR COORDINATION OF TRAFFIC FLOW THROUGH THOSE CORRIDORS Item # 16A 15 RECORD THE FINAL PLAT OF COPPER COVE PRESERVE UNIT 3, PPL20120000116, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W /STIPULATIONS Item #16A16 RECEIVE AND APPROVE THE COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN 2011 PROGRESS REPORT — APPROVE THE PROPOSED ACTION PLAN FOR 2012 AND INSERT IT INTO THE FLOODPLAIN MANAGEMENT PLAN Page 208 July 24, 2012 Item # 16A 17 APPROVE THE SELECTION COMMITTEE RANKINGS AND DIRECT THE COUNTY MANAGER OR HIS DESIGNEE TO NEGOTIATE CONTINUING CONTRACTS WITH THE TOP FIVE (5) RANKED LANDSCAPE ARCHITECTURAL FIRMS INCLUDING: MCGEE & ASSOCIATES, INC., RICHARD TINDELL D /B /A GREENWORK STUDIO, JOHNSON ENGINEERING, INC., GOETZ & STROPES LANDSCAPE ARCHITECTS, INC. AND WINDHAM STUDIO, INC. FOR REQUEST FOR PROPOSAL (RFP) #12 -5892 FIXED TERM LANDSCAPE ARCHITECTURAL SERVICES — FOR SITE MASTER PLANNING, SELECTION AND DESIGN OF PLANTING AREAS, DESIGN, MAINTENANCE, AND REFURBISHMENT OF NEW AND EXISTING LANDSCAPE AND IRRIGATION FOR M.S.T.U. AND M.S.T.D. PROJECTS, AND MISCELLANEOUS LANDSCAPING PROJECTS FOR VARIOUS COUNTY DEPARTMENTS Item # 16A 18 REQUEST FOR PROPOSAL (RFP) #12 -5895 IMPACT FEE STUDY FINAL RANKINGS AND DIRECT THE COUNTY MANAGER TO NEGOTIATE A CONTRACT FOR FINAL BOARD REVIEW AND APPROVAL — TINDALE OLIVER & ASSOCIATES, INC. Item #16A19 PROVIDING DIRECTION TO THE COUNTY MANAGER OR HIS DESIGNEE TO AMEND RESOLUTION 97 -431, AS Page 209 July 24, 2012 AMENDED, WHICH ESTABLISHED THE GENERAL REQUIREMENTS AND PROCEDURES FOR AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN (GMP) - HOUSE BILL 7207 WAS PASSED DURING THE LEGISLATIVE SESSION OF 2011, INITIATING SUBSTANTIAL CHANGES TO THE FLORIDA STATUTORY REQUIREMENTS REGARDING A WIDE VARIETY OF GROWTH MANAGEMENT AND PLANNING REGULATIONS, REMOVING RESTRICTIONS UPON THE NUMBER OF AMENDMENT CYCLES ALLOWED FOR A LOCAL GOVERNMENT'S GROWTH MANAGEMENT PLAN, AS WELL AS ALTERING SPECIFICS OF THE PROCESS OF AMENDING THE GMP. UPON APPROVAL STAFF WILL PRESENT THOSE OPTIONS TO THE VARIOUS STAKEHOLDERS AND THE PLANNING COMMISSION FOR INPUT AND RECOMMENDATIONS Item #16A20 DEVELOPER AGREEMENT BETWEEN SFI NAPLES RESERVE LLC ( "DEVELOPER ") AND COLLIER COUNTY ( "COUNTY") TO ADVANCE FUNDING FOR IMPROVEMENTS TO US -41 FROM COLLIER BOULEVARD TO SAN MARCO ROAD. (THIS ITEM IS A COMPANION TO ITEM #I 7J) — AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16B 1 SHORTLIST OF ENGINEERING FIRMS FOR REQUEST FOR PROPOSAL (RFP) #12 -5863 CONSTRUCTION ENGINEERING INSPECTION (CEI) FOR THE IMMOKALEE DOWNTOWN STORMWATER IMPROVEMENTS PROJECT AND TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH Page 210 July 24, 2012 THE TOP RANKED FIRM — THE SELECTION COMMITTEE MET AND RANKED THE FIRM'S PROPOSALS IN THE FOLLOWING ORDER: URS CORPORATION WAS CHOSEN; AGNOLI BARBER & BRUNDAGE; Q. GRADY MINOR & ASSOCIATES; AND CALVIN, GIORDANO & ASSOCIATES Item #I 6B2 THE COMMUNITY REDEVELOPMENT AGENCY (CRA) TO APPROVE AND EXECUTE A SITE IMPROVEMENT GRANT AGREEMENT THAT IS FINANCIALLY ASSISTED BY A FIFTH THIRD BANK GRANT AWARD BETWEEN THE CRA AND A GRANT APPLICANT WITHIN THE BAYSHORE GATEWAY TRIANGLE AREA — FOR A RESIDENTIAL PROPERTY LOCATED AT 3180 CALEDONIA AVE., NAPLES Item #16133 THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPOINTS L. JEAN JOURDAN AS INTERIM DIRECTOR FOR THE BAYSHORE GATEWAY TRIANGLE CRA AND THE BAYSHORE BEAUTIFICATION AND HALDEMAN CREEK DREDGE MUNICIPAL SERVICES TAXING UNITS — THIS INTERIM APPOINTMENT WILL BE AS AN AT -WILL EMPLOYEE, EQUIVALENT TO A DEPARTMENT DIRECTOR' S POSITION WITH THE COUNTY MANAGER'S AGENCY Item # 16C 1 RESOLUTION 2012 -123: RESOLUTION APPROVING SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2012 TAX YEAR Page 211 July 24, 2012 Item #I 6C2 A DONATION AGREEMENT AND A UTILITY EASEMENT FROM THE FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, A FLORIDA NON - PROFIT CORPORATION, TO THE COLLIER COUNTY WATER -SEWER DISTRICT FOR INSTALLATION AND MAINTENANCE OF A MONITORING WELL AND FOR ACCESS ON, OVER AND ACROSS THE FOXFIRE GOLF COURSE, AT AN ESTIMATED COST NOT TO EXCEED $100, PROJECT NUMBER 74401 — LOCATED IN SECTION 9, TOWNSHIP 48S, RANGE 25 EAST Item #16C3 A WORK ORDER UNDER REQUEST FOR QUOTATION #08- 5011-64 IN THE AMOUNT OF $469,607.85 TO QUALITY ENTERPRISES USA, INC., FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR THE WASTEWATER PUMP STATION TECHNICAL SUPPORT PROJECT NO. 70046 — FOR THE REMOVAL OF THE EXISTING PUMPS, EXISTING DETERIORATING PIPES, ELECTRICAL PANELS THAT WILL ACCOMMODATE THE UPGRADE, AN EMERGENCY GENERATOR WITH AN AUTOMATIC TRANSFER SWITCH TO ALLOW FOR OPERATION DURING POWER OUTAGES Item #I 6C4 APPROVING THE SELECTION COMMITTEE RANKINGS AND ENTER INTO NEGOTIATIONS WITH HOLE MONTES, INC., FOR CONTRACT #12-5867, "NORTH COUNTY WATER RECLAMATION FACILITY CONSTRUCTION ENGINEERING Page 212 July 24, 2012 AND INSPECTION SERVICES FOR THE AERATED SLUDGE HOLDING TANK/FLOW EQUALIZATION TANK CONSTRUCTION," PROJECT NUMBER 70091 Item #16C5 AWARDING INVITATION TO BID #12 -5902, "SEWAGE HAULING," TO DIXIE DRAINFIELDS, INC., AND SOUTHERN SANITATION, INC., IN THE ESTIMATED ANNUAL AMOUNT OF $755000, TO BE SHARED BETWEEN REFERENCED VENDORS, EFFECTIVE AUGUST 1, 2012; AND, TERMINATE CONTRACTS PROCURED UNDER INVITATION TO BID #09- 5300, "SEWAGE HAULING," TO DIXIE DRAINFIELDS, INC., AND SOUTHERN SANITATION, INC., ON JULY 31, 2012 — BOTH COMPANIES WILL BE ON A MONTHLY ROTATION WITH THE FIRST MONTH BEING AWARDED BASED ON A COIN TOSS Item #16C6 A TIME AND MATERIALS CONTRACT IN THE NOT -TO- EXCEED AMOUNT OF $265,888.25 WITH Q. GRADY MINOR FOR REQUEST FOR PROPOSAL NO. 11 -5708, "CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR MASTER PUMPING STATION #312 REHABILITATION" (PROJECT NUMBER 72549) - ENSURING PROPER ADHERENCE TO CONTRACT DOCUMENTS, THAT WILL RESULT IN SERVICES THAT ARE A HIGH - QUALITY, BEST -VALUE PROJECT, THAT IS RELIABLE, SUSTAINABLE AND REGULATORY COMPLIANT Item #I 6C7 Page 213 July 24, 2012 AN AGREEMENT WITH ADAM J. PISKADLO AND BARBARA K. PISKADLO FOR THE PURCHASE OF PROPERTY AT A COST NOT TO EXCEED $71,500 FOR THE RELOCATION OF SUB - MASTER PUMPING STATION #300.06 (PROJECT NUMBER 70046) — BRINGING THE OUTDATED UTILITY INFRASTRUCTURE INTO COMPLIANCE WITH CURRENT COUNTY STANDARDS, MEETING DEMAND, PROTECTING PUBLIC SAFETY AND PROVIDING PROACTIVE ENVIRONMENTAL PROTECTION Item #16C8 REALLOCATION OF TASKS FOR PHASES TWO AND THREE OF CONTRACT NO. 10 -5447 WITH EMA OF MINNESOTA, INC., WITH AUTHORIZATION TO PREPARE A REQUEST FOR PROPOSAL FOR THE PURCHASE OF ENTERPRISE ASSET MANAGEMENT SOFTWARE, IN SUPPORT OF "PUBLIC UTILITIES ASSET MANAGEMENT," PROJECTS 71012 AND 731655 AS WELL AS OTHER FUTURE PROJECTS IDENTIFIED WITHIN THE COUNTY MANAGER'S AGENCY — AS DETAILED IN THE EXECUTIVE SUMMARY Item #I 6C9 AWARDING BID NUMBER 12 -5913, "NAPLES MOBILE ESTATES WATER MAIN REHABILITATION" IN THE AMOUNT OF $6445619.20 TO KYLE CONSTRUCTION INC., TO REHABILITATE THE POTABLE WATER DISTRIBUTION SYSTEM THAT SERVES THE NAPLES MOBILE ESTATES, PROJECT NO. 71010 — WHICH IS APPROXIMATELY FORTY YEARS OLD WITH PIPES THAT HAVE REACHED THE END Page 214 July 24, 2012 OF USEFUL LIFE; INCIDENTS IN THE SUBDIVISION AFFECT MORE RESIDENTS FOR LONGER PERIODS OF TIME, DUE TO A LIMITED NUMBER OF ISOLATION VALVES IN THE AREA WHICH LIMITS OPERATIONAL CONTROL DURING MAINTENANCE OF THE DISTRIBUTION SYSTEM Item # 16C 10 APPROVING SELECTION COMMITTEE RANKINGS AND ENTER INTO NEGOTIATIONS WITH JOHNSON ENGINEERING, INC. FOR A CONTRACT FOR REQUEST FOR PROPOSAL NO. 12 -5919, "UTILITY DESIGN ENGINEERING SERVICES - U.S. 41 FROM C.R. 951 TO GREENWAY ROAD" (PROJECT NUMBERS 70045 AND 73045) — FOR WATER AND WASTEWATER INFRASTRUCTURE RELOCATIONS Item # 16D 1 FOURTEEN (14) SATISFACTIONS OF MORTGAGE IN THE AMOUNT OF $1459222 OF OWNER OCCUPIED DWELLING UNITS THAT HAVE SATISFIED THE TERMS OF ASSISTANCE — LOUISE CARTHON (HOME /RESIDENTIAL REHAB), VERN HENDERSON (CDBG /RESIDENTIAL REHAB), PEARL BAILEY & ELMER BURRELL (HOME /RESIDENTIAL REHAB), IRENE ORTIZ (HOME /RESIDENTIAL REHAB), DAVID YBARRA & VIRGINIA PRAY (HOME /RESIDENTIAL REHAB), LEONARDO & LYDIA ADAME (HOME /RESIDENTIAL REHAB), JUAN & GREGORIA NIETO (HOME /RESIDENTIAL REHAB), ST JEAN & YVROSE BREME (CDBG /RESIDENTIAL REHAB), GRACIE GROFF (CDBG /RESIDENTIAL REHAB), ELDIKET & MARIATA BOSS (HOME /PURCHASE ASSISTANCE), JAMIE C. LOPEZ - HERNANDEZ & BRIGIDA C. SAALAZAR Page 215 July 24, 2012 (HOME /PURCHASE ASSISTANCE), MICHELLE D. THOMPSON (HOME /PURCHASE ASSISTANCE), VANESSA L. CRAWFORD (HOME /PURCHASE ASSISTANCE), AND ROSALINE B. JOCURIN (HOME /PURCHASE ASSISTANCE) Item #I 6D2 AN AMENDMENT TO THE CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE (CJMHSA) GRANT MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES (DCF) FOR REQUIRED CLARIFICATIONS AND UPDATES AND TO APPROVE SUBMITTAL OF AN UPDATED BUDGET WORKSHEET, MATCH COMMITMENT FORMS AND APPROVE AMENDMENTS TO THE ASSOCIATED SUBRECIPIENT AGREEMENTS — WITH COLLIER COUNTY SHERIFF'S OFFICE, DAVID LAWRENCE CENTER, AND NAMI OF COLLIER COUNTY INC. Item #16D3 PROPOSED CHANGES TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE ORDINANCE (ORDINANCE NO. 91- 65) AND DIRECT THE COUNTY MANAGER, COUNTY ATTORNEY OR THEIR RESPECTIVE DESIGNEES TO ADVERTISE FOR ORDINANCE CHANGES TO BE APPROVED BY THE BOARD AT A FUTURE MEETING — AMENDING THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE AS WELL AS AMENDING THE DUTIES OF THE DEPARTMENT HEAD Page 216 July 24, 2012 Item #I 6D4 TWO RELEASES OF LIEN FOR THE DISASTER RECOVERY INITIATIVE SINGLE FAMILY REHABILITATION PROGRAM SINCE THE RECIPIENTS OF THESE TWO AWARDS HAVE DECEASED - THE RECIPIENTS OF THESE AWARDS,' ZADOCK MURRELL (DIED FEBRUARY 25, 2012) AND ANNIE KING (DIED NOVEMBER 1, 20 10) HAVE PASSED AWAY THE LOANS ARE TO BE FORGIVEN AND THE LIENS RELEASED Item 916D5 TWO (2) MODIFICATIONS TO LIEN AGREEMENTS FOR THE DISASTER RECOVERY INITIATIVE SINGLE FAMILY REHABILITATION PROGRAM TO REFLECT THE GRANT AMOUNT ACTUALLY UTILIZED - ON SEPTEMBER 9, 2010 A SINGLE FAMILY REHABILITATION ASSISTANCE PROGRAM AGREEMENT AND LIEN AGREEMENT FOR $30,000.00, THE REHABILITATION WORK WAS CONTRACTED FOR $199400.00, THIS MODIFICATION TO THE LIEN AGREEMENT IS NECESSARY TO REFLECT THE EXACT AMOUNT THAT WAS AWARDED TO THE HOMEOWNERS JUAN & EVANGELINA HERNANDEZ Item #16D6 SEVEN (7) RELEASES OF LIEN TOTALING $134,917.86 FOR IMPACT FEE DEFERRALS ON OWNER- OCCUPIED LAND WHERE, ULTIMATELY, CONSTRUCTION FAILED TO OCCUR — ROBLES (GOLDEN GATE EST., UNIT 83, TRACT 111) MORETA (GOLDEN GATE EST., UNIT 62, TRACT 83) HILDEBRANDT (GOLDEN GATE EST., UNIT 79, TRACT 12) Page 217 July 24, 2012 MOORE (GOLDEN GATE EST., UNIT 42, TRACT 66) CDJ INVESTMENTS, LLC (GOLDEN GATE EST., UNIT 79, TRACT 40) CDJ INVESTMENTS, LLC (GOLDEN GATE EST., UNIT 47, TRACT 23) ALAOUI (GOLDEN GATE EST., UNIT 70, TRACT 94) ALL FOR THE DEFERRED AMOUNT OF $19,273.98 Item #I 6D7 ONE (1) SATISFACTION OF MORTGAGE IN THE AMOUNT OF $5,000 FOR REPAYMENT RECEIVED FOR THE BALANCE OWED ON A STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN — LOUISCA VASOR & LAURETTA CINEUS (SHIP SECOND MORTGAGE) Item #I 6D8 ONE (1) SATISFACTION OF MORTGAGE TO BIG CYPRESS HOUSING CORPORATION FOR A STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) LOAN REPAYMENT ISSUED TO COLLIER COUNTY — FOR 79 RENTAL HOUSING APARTMENTS FOR VERY -LOW AND LOW INCOME INDIVIDUALS AT THE MAIN STREET VILLAGE APARTMENTS, THE CLERK'S FINANCE DEPARTMENT DETERMINED THAT AN INTEREST PENALTY WAS DUE IN ORDER TO SATISFY THE TERMS OF THE NOTE. ON MAY 305 2012 PAYMENT IN THE AMOUNT OF $291686.00 WAS RECEIVED FROM THE BIG CYPRESS HOUSING CORP., SATISFYING THE MORTGAGE TERMS Item # 16D9 MODIFICATION TO DISASTER RECOVERY INITIATIVE (DRI) Page 218 July 24, 2012 GRANT AGREEMENT # l ODB-D4-09-2 1 -0 1 -K09 BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND COLLIER COUNTY TO ADD TWO (2) NEW PROJECTS MADE POSSIBLE FROM REPROGRAMMED FUNDS OF AN UNDER BUDGET PROJECT, APPROVE NEW ASSOCIATED SUBRECIPIENT AGREEMENTS AND AMEND A CURRENT SUBRECIPIENT AGREEMENT TO ACCOMMODATE THESE CHANGES WITH NO ADDITIONAL FUNDS — MODIFICATION #5 TO THE DRI FOR THE BAYSHORE CRA AND THE NEW SUBRECIPIENTS, IMMOKALEE HOUSING AND FAMILY SERVICES AND THE COLLIER COUNTY HOUSING AUTHORITY Item #16D10 THE CHAIRMAN TO EXECUTE AMENDMENT #2 TO THE FLORIDA BOATING IMPROVEMENT PROGRAM (FBIP) GRANT FWC CONTRACT #08079 AMENDING THE GRANT COMPENSATION AND SCOPE OF WORK FOR THE BAYVIEW PARK IMPROVEMENT PROJECT PHASE I — A CONTRACT WAS AWARDED IN 2010 TO KELLY BROTHERS, INC., DURING THE PROCESS OF PREPARING THE INVOICE FOR GRANT REIMBURSEMENT A CONFLICT WAS DISCOVERED BETWEEN THE TERMS AND CONDITIONS OF THE ACTUAL GRANT, THE SPECIFIC CONFLICT WITH WHAT WAS INTENDED, FINANCIALLY COVERED, AND THE INTENDED SCOPE OF WORK. THE GRANT APPLICATION REQUESTED COMPENSATION OF ALL PRE - AWARDED DESIGN ENGINEERING AND PERMITTING FEES AND THE SCOPE OF WORK SHOULD HAVE INCLUDED THE REMOVAL AND REPLACEMENT OF THE EXISTING SEAWALL CONSTRUCTION. WHEN THE GRANT WAS FINALLY ISSUED Page 219 July 24, 2012 IT OMITTED THE FULL CONTENT AND INTENT OF THE GRANT REQUEST AS OUTLINED IN THE INITIAL GRANT APPLICATION Item # 16D 11 AN AMENDMENT TO A SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE CENTER (DLC) TO OPERATE THE COLLIER COUNTY DRUG COURT PROGRAM AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO REQUEST AN EXTENSION FROM THE DEPARTMENT OF JUSTICE (DOJ) FOR THE DRUG COURT GRANT — THE CURRENT EXPIRATION DATE IS SEPTEMBER 30, 20125 IF THE GRANT EXTENSION IS APPROVED IT WILL BE EXTENDED TO SEPTEMBER 30, 2013 Item # 16D 12 APPOINTING STEPHEN Y. CARNELL, INTERIM DIVISION ADMINISTRATOR FOR THE PUBLIC SERVICES DIVISION, TO EXECUTE THE FEDERAL TRANSIT ADMINISTRATION'S (FTA) ANNUAL CERTIFICATIONS AND ASSURANCES FOR BOARD APPROVED GRANTS AND GRANT APPLICATIONS THROUGH THE FTA'S TRANSPORTATION ELECTRONIC AWARD & MANAGEMENT ( "TEAM ") SYSTEM - TO REPLACE MR. CASALANGUIDA AS THE ADMINISTRATIVE REPRESENTATIVE THAT WOULD PERFORM THE MINISTERIAL FUNCTION PERTAINING TO THE EXECUTION AND AUTHORIZATION, TO EXECUTE ANNUAL CERTIFICATIONS AND ASSURANCES ISSUED BY THE FTA ON BOARD- APPROVED GRANT APPLICATIONS, GRANT AWARDS, AND AGREEMENTS THROUGH THE TEAM Page 220 July 24, 2012 SYSTEM Item # 16D 13 APPROVAL OF THE SHORT -LIST OF DESIGN PROFESSIONALS PURSUANT TO RFP #12 -5868 AND TO ENTER INTO NEGOTIATIONS BETWEEN COLLIER COUNTY AND Q. GRADY MINOR AND ASSOCIATES, P.A., FOR "ON- CALL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) AND RELATED SERVICES" FOR GORDON RIVER GREENWAY PARK, GOODLETTE -FRANK ROAD AND GOLDEN GATE PARKWAY — AUTHORIZING CONTRACT NEGOTIATIONS WITH Q. GRADY MINOR AND ASSOCIATES, P.A. Item # 16D 14 AN AFTER - THE -FACT DONATION AND AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, EVERGLADES CITY, AND THE HOLY FAMILY CATHOLIC CHURCH IN ORDER TO SUPPORT THE COUNTY'S DONATION OF $2,346.60 IN RED CLAY FOR A LITTLE LEAGUE FIELD LOCATED IN EVERGLADES CITY AND AUTHORIZE PAYMENT TO TATE'S TRUCKING FOR PURCHASE AND DELIVERY OF THE CLAY Item #16D15 AFTER - THE -FACT COMMUNITY CARE FOR THE ELDERLY, HOME CARE FOR THE ELDERLY, AND ALZHEIMER'S DISEASE INITIATIVE 2 YEAR CONTRACT WITH SENIOR Page 221 July 24, 2012 CHOICES F /K /A AREA AGENCY ON AGING FOR SWFL AND APPROVE BUDGET AMENDMENTS REFLECTING THE DIFFERENCE BETWEEN ESTIMATED AND ACTUAL FUNDING FOR FY 12 -13 STATE GENERAL REVENUE SENIORS PROGRAMS (FIRST YEAR FISCAL NET IMPACT: $35916) IN ORDER TO CONTINUE PROVIDING SENIOR CARE CASE MANAGEMENT SERVICES Item #16D16 ACCEPTING ASSETS DONATED TO COLLIER COUNTY FOR EXHIBITION AT THE NAPLES DEPOT MUSEUM AND AUTHORIZATION FOR THE CHAIRMAN TO SIGN THE REQUIRED DOCUMENTS TO TRANSFER OWNERSHIP OF THE 1941 TUMBLEBUG SWAMP BUGGY AND THE 1955 CHEVROLET BEL AIR TO COLLIER COUNTY Item #16D17 APPROVING: (1) A ONE -TIME EXCEPTION TO THE LOCAL HOUSING ASSISTANCE PLAN (LHAP) ON SHIP PROGRAM GUIDELINES, (2) TWO SATISFACTIONS OF MORTGAGE IN THE AMOUNT OF $77,000 AND $5,500 ISSUED TO SHIP RECIPIENT MARY MACKEY FOR THE DEMOLITION AND CONSTRUCTION OF A NEW AFFORDABLE "GREEN" HOME, (3) ACCEPTANCE OF THE DEED OF THE PROPERTY FOR THE PURPOSE OF RESALE, AND (4) FUTURE RESALE OF THE PROPERTY TO AN INCOME QUALIFIED PERSON /HOUSEHOLD — FOR THE PROPERTY LOCATED AT 4023 RD STREET SOUTH, IMMOKALEE Item # 16D 18 Page 222 July 24, 2012 RESOLUTION 2012 -124: RESOLUTION REPEALING ALL PREVIOUS RESOLUTIONS ESTABLISHING AND AMENDING PARTS OF THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY AND ESTABLISHING THE POLICY ANEW TO INCLUDE A DISCOUNT RATE FOR COLLIER COUNTY VETERANS AND A FREE RATE FOR COLLIER COUNTY VETERANS WITH A 100% SERVICE CONNECTED AND /OR PERMANENT AND TOTAL DISABILITY RATING AT AQUATIC FACILITIES Item #16D19 APPROVING SELECTION COMMITTEE RANKINGS AND ENTER INTO NEGOTIATIONS WITH THE TOP RANKED FIRM, VICTOR J. LATAVISH, P.A., FOR A CONTRACT FOR REQUEST FOR PROPOSAL NO. 12 -5923, "PROFESSIONAL DESIGN SERVICES EAGLES LAKES COMMUNITY AND FITNESS CENTER" (PROJECT NUMBER 80184) — LOCATED AT 11565 TAMIAMI TRAIL EAST, NAPLES Item # 16E 1 AGREEMENT TO PROVIDE THE COLLIER COUNTY LIBRARY DEPARTMENT FUNDING FOR AN EXTERIOR SIGN AT THE GOLDEN GATE ESTATES LIBRARY WHICH IS LOCATED AT 1266 GOLDEN GATE BOULEVARD WEST IN GOLDEN GATE ESTATES, IN AN AMOUNT NOT TO EXCEED $20,000 — USED TO ADVERTISE SCHEDULED EVENTS HELD AT THE LIBRARY Page 223 July 24, 2012 Item #16E2 A DONATION AGREEMENT AND ACCEPT AN ACCESS EASEMENT FROM HIDEOUT GOLF CLUB, LTD, A FLORIDA LIMITED PARTNERSHIP FOR ACCESS TO THE CONSERVATION COLLIER NANCY PAYTON PRESERVE, AT A COST NOT TO EXCEED $1,300 — PROVIDING A SMALL PARKING LOT FOR PUBLIC ACCESS Item #I 6E3 A SECOND AMENDMENT TO THE STARNES CATTLE LEASE AGREEMENT AND A US DEPARTMENT OF AGRICULTURE CONTROL OF AGRICULTURAL LAND AGREEMENT — MR. STARNES HAS RECEIVED FUNDING FOR IMPROVEMENTS FOR THE CATTLE OPERATIONS THAT INCLUDE: FIREBREAK CREATION, PRESCRIBED BURNING, PASTURE BRUSH MOWING, HEAVY USE AREA PROTECTION, UPLAND WILDLIFE HABITAT MANAGEMENT, WELL /SOLAR PUMP FACILITY INSTALLATION, WATERING FACILITY INSTALLATION, AND WATER CONTROL STRUCTURE INSTALLATION Item #I 6E4 AN AFTER- THE -FACT APPROVAL FOR ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION THAT WAS SUBMITTED TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE PURCHASE OF THREE REPLACEMENT AMBULANCES FOR EMERGENCY MEDICAL SERVICES IN THE AMOUNT OF $575,850 — REPLACEMENT OF THE AMBULANCES IS SCHEDULED FOR THE FY 13 Page 224 July 24, 2012 BUDGET, WITH TWO ADDITIONAL AMBULANCES SCHEDULED FOR REPLACEMENT AND TWO SCHEDULED FOR REFURBISHMENT IN FY 14 Item #16E5 ACCEPTING THE REPORTS AND RATIFY STAFF - APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR THE PERIOD OF MAY 24, 2012 THROUGH JULY 6, 2012 Item #16E6 AN INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND LEE COUNTY FOR EMERGENCY MEDICAL SERVICES — FOR ADDITIONAL PERSONNEL /EQUIPMENT REQUIRED TO BRING AN EMERGENCY SITUATION UNDER CONTROL OR ASSIST IN RESCUING LIVES Item #16171 A MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND THE MOORINGS PRESBYTERIAN CHURCH IN SUPPORT OF EMERGENCY MANAGEMENT ACTIVITIES RELATED TO NATURAL AND MANMADE HAZARDS EMERGENCY RESPONSE - FOR THE DISTRIBUTION OF FOOD, WATER, SUPPLIES, AND /OR OTHER ITEMS FOR TEMPORARY RELIEF ACTIVITIES IN A RELIEF /DISASTER SITUATION Item #I 6F2 A FEDERAL EMERGENCY MANAGEMENT AGENCY Page 225 July 24, 2012 ASSISTANCE TO FIREFIGHTER'S GRANT APPLICATION IN THE AMOUNT OF $815400 FOR THE PURCHASE OF NEW MOBILE AND PORTABLE RADIOS FOR THE OCHOPEE FIRE CONTROL DISTRICT — THE CURRENT EQUIPMENT HAS REACHED IT'S LIFE EXPECTANCY AND IS NO LONGER COMPLIANT WITH FCC REGULATIONS AND NEW DIGITAL INFRASTRUCTURE Item #16173 SUBMITTAL OF A VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION IN THE AMOUNT OF $2,112 TO PURCHASE CLASS A FOAM FOR THE OCHOPEE FIRE CONTROL DISTRICT — FOR BRUSH FIRE CONTAINMENT DURING BRUSH FIRE SEASON Item #I 6F4 AUTHORIZING KYLE LUKASZ, OPERATIONS MANAGER PELICAN BAY SERVICES DIVISION, TO EXECUTE AN ARMY CORPS OF ENGINEERS PERMIT APPLICATION TO PERFORM BERM MAINTENANCE WITHIN THE PELICAN BAY WATER MANAGEMENT SYSTEM — FOR AN EXISTING 4,450 LINEAR FOOT BERM AND SWALE LOCATED ALONG THE WESTERLY EDGE OF THE PELICAN BAY Item #I 6F5 RESOLUTION 2012 -125: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2011 -12 ADOPTED BUDGET Page 226 July 24, 2012 Item #I 6H 1 — Withdrawn (Per Agenda Change Sheet) MISCELLANEOUS CORRESPONDENCE TO FILE WITH ACTION AS DIRECTED. 'DOCUMENT(S) HAVE BEEN ROUTED TO ALL COMMISSIONERS AND ARE AVAILABLE FOR REVIEW IN THE BCC OFFICE UNTIL APPROVAL Item #161-12 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE; HE ATTENDED THE GREATER NAPLES CHAMBER OF COMMERCE WAKE UP NAPLES BREAKFAST AT HILTON NAPLES ON JUNE 13, 2012, $20 IS TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET — HELD AT 5111 TAMIAMI TRAIL NORTH, NAPLES Item #161-13 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE; SHE ATTENDED THE ANNUAL ARLINGTON FOUNDERS' INDEPENDENCE DAY CELEBRATION ON JULY 3, 20125 THE SUM OF $50 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT LELY RESORT, 8060 GRAND LELY DRIVE, NAPLES Item #1611 & #1612 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED Page 227 July 24, 2012 The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 228 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE July 24, 2012 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Miscellaneous Correspondence: 1) Water and Waste Water Authority: Legal Notice 4.20.12 for Adoption of the 2012 Price Index Factor 2) Mediterra North and Mediterra South Community Development Districts: Interlocal Agreement 5.3.12 3) Ave Maria Stewardship Community District: Proposed Budget Fiscal Year 2012/2013 5.10.12 BOARD OF COUNTY COMMISSIONERS ADVISORY BOARD MINUTES July 24, 2012 2. ADVISORY BOARD MINUTES TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Affordable Housing Commission: Minutes of 10.10.11; 1. 9.12 2) Animal Services Advisory Board: Minutes of 4.24.12 3) Bayshore Beautification MSTU Advisory Committee: Minutes of 3.7.12; 4.4.12 4) Bayshore /GatewayTriangle Local Redevelopment Advisory Board: Minutes of 2.7.12; 4.3.12 5) Collier County Citizens Corps: Agenda of 5.16.12 6) Collier County Coastal Advisory Committee: Minutes of 3.8.12 7) Collier County Code Enforcement Board: Minutes of 4.6.12 (Special Magistrate) 8) Collier County Planning Commission: Agenda of 3.6.12; 4.5.12; 4.13.12; 4.19.12 Minutes of 3.6.12; 4.5.12; 4.13.12; 4.19.12 9) Contractors Licensing Board: Minutes of 3.21.12; 4.18.12 10) County Government Productivity Committee: Agenda of 1.18.12; 2.15.12; 3.21.12 Minutes of 1.18.12; 1. 18.12 (Outsourcing and Insourcing Review Subcommittee); 2.15.12; 2.22.12 (Outsourcing and Insourcing Review Subcommittee); 3.21.12; 3.21.12 (Outsourcing and Insourcing Review Subcommittee); 4.10.12 (Outsourcing and Insourcing Review Subcommittee) 11) Development Services Advisory Committee: Minutes of 4.4.12 12) Emergency Medical Services Advisory Council: Minutes of 1.20.12; 4.13.12 13) Environmental Advisory Council: Minutes of 4.4.12; 5.2.12 14) Golden Gate Beautification Advisory Committee: Minutes of 3.20.12 15) Golden Gate Community Center Advisory Committee: Agenda of 3.5.12; 3.29.12 (Budget Workshop, No Quorum); 4.2.12 Minutes of 3.5.12; 3.29.12 (Budget Workshop, No Quorum); 4.2.12 16) Hispanic Affairs Advisory Board: Minutes of 1.26.12 17) Historical /Archaeological Preservation Board: Minutes of 2.15.12; 3.21.12 18) Immokalee Beautification Advisory Committee: Agenda of 5.23.12 Minutes of 4.25.12 19) Immokalee Enterprise Zone Development Agency: Agenda of 5.16.12 Minutes of 4.18.12 20) Immokalee Local Redevelopment Advisory Board: Agenda of 5.16.12 Minutes of 4.18.12 21) Isles of Capri Fire Control District Advisory Committee: Minutes of 3.15.12 22) Land Acquisition Advisory Committee: Minutes of 4.9.12 23) Parks and Recreation Advisory Board: Minutes of 1. 18.12 24) Pelican Bay Services Division Board: Agenda of 3.2.12; 4.11.12; 4.16.12 Minutes of 2.21.12 (Clam Bay Subcommittee); 3.7.12; 3.26.12 (Budget Subcommittee); 4.11.12; 4.16.12 (Budget Subcommittee) July 24, 2012 Item # 16J 1 — Moved to Agenda Item # 13 A 1 (Per Agenda Change Sheet) Item #I 6J2 DISBURSEMENTS FOR THE PERIOD OF JUNE % 2012 THROUGH JUNE 15, 2012 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #I 6J3 DISBURSEMENTS FOR THE PERIOD OF JUNE 169 2012 THROUGH JUNE 22, 2012 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #I 6J4 DISBURSEMENTS FOR THE PERIOD OF JUNE 235 2012 THROUGH JUNE 29, 2012 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J5 DISBURSEMENTS FOR THE PERIOD OF JUNE 309 2012 THROUGH JULY 6, 2012 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #I 6J6 SUBMISSION OF THE INVESTMENT STATUS UPDATE REPORT FOR THE QUARTER ENDING JUNE 30, 2012 — THE Page 229 July 24, 2012 BOARD IS BEING UPDATED ON THE STATUS OF THE INVESTMENT PORTFOLIO FOR THE THIRD QUARTER Item #I 6J7 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 — THE SURCHARGES COLLECTED FOR THIS QUARTER $304,172.77 Item # 16K 1 THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK AN ORDINANCE TO REPEAL AN UNNUMBERED ORDINANCE CODIFIED AS SEC. 78 -28 (SALE OF CANNED GOODS) IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY — IN THE LAWS OF FLORIDA IN SECTION ONE FROM CHAPTER 65 -1026, A LOCAL LAW WAS CREATED AUTHORIZING THE DIVISION OF CORRECTIONS TO SELL CANNED GOODS TO JAILS AND STOCKADES IN COLLIER COUNTY Item #I 6K2 THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK AN ORDINANCE TO REPEAL AN UNNUMBERED ORDINANCE CODIFIED AS SEC. 98 -1 (EXPENDITURES FOR LIGHTING) IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY — IN THE LAWS OF FLORIDA IN SECTION ONE FROM CHAPTER 63 -713, A LOCAL LAW WAS CREATED Page 230 July 24, 2012 AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS TO EXPEND FUNDS FOR LIGHTING PUBLIC PARKS AND PLAYGROUNDS IN COLLIER COUNTY Item #I 6K3 THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK AN ORDINANCE TO REPEAL AN UNNUMBERED ORDINANCE CODIFIED AS SEC. 46 -5 (FEE FOR ALIMONY PAYMENTS AND COLLECTION) IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY — IN THE LAWS OF FLORIDA IN SECTION ONE FROM CHAPTER 67 -701, A LOCAL LAW WAS CREATED AUTHORIZING A FEE FOR EACH PAYMENT RECEIVED BY THE CLERK OF THE CIRCUIT COURT UNDER DECREE OF SUPPORT OR ALIMONY IN COLLIER COUNTY Item #I 6K4 THE CHAIRMAN TO SIGN AN ENGAGEMENT AND CONTINGENCY FEE AGREEMENT WITH HINKLE & FORAN, P.A., ET AL., FOR REPRESENTATION IN THE MULTI - DISTRICT LITIGATION RELATING TO THE DEEPWATER HORIZON OIL SPILL — FOR THE COUNTY'S CLAIM OF LOST TOURIST TAX REVENUE AND ADVERTISING EXPENSES Item #I 7A RESOLUTION 2012 -126: PETITION VAC- PL20120000348, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN AN UNOPENED AND UNUSED PORTION OF PRODUCTION BOULEVARD (60 -FOOT WIDE Page 231 July 24, 2012 PUBLIC ROAD RIGHT -OF -WAY) LOCATED JUST NORTH OF EXCHANGE AVENUE AND THE DEAD END PORTION OF EXCHANGE AVENUE (60 -FOOT WIDE PUBLIC ROAD RIGHT - OF -WAY) LOCATED JUST EAST OF PRODUCTION BOULEVARD AS ORIGINALLY RECORDED IN THE PLAT OF COLLIER COUNTY PRODUCTION PARK, PHASE I -B, PLAT BOOK 15, PAGE 8, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT "A" Item #I 7B RESOLUTION 2012 -127: PETITION VAC- PL20120000927, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN PART OF THE CONSERVATION EASEMENT ORIGINALLY RECORDED IN PLAT BOOK 42, PAGES 36 THROUGH 41, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT "A" Item #I 7C ORDINANCE 2012 -27: AMENDING ORDINANCE NO. 02 -429 CHANGING THE NAME OF THE "TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT" TO THE "TALIS PARK COMMUNITY DEVELOPMENT DISTRICT", PURSUANT TO CHAPTER 190, FLORIDA STATUTES (COMPANION TO ITEM #I 7D Page 232 July 24, 2012 Item #I 7D RESOLUTION 2012 -128: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING TUSCANY RESERVE DRIVE TO TALIS PARK DRIVE, WHICH STREET IS LOCATED IN TUSCANY RESERVE SUBDIVISION, LOCATED IN SECTIONS 7 AND 129 TOWNSHIP 48 SOUTH, RANGES 25 AND 26 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE (COMPANION TO ITEM #I 7C) Item #I 7E RESOLUTION 2012 -129: RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER ABW- PL20120001079 GRANTING A WAIVER PURSUANT TO SECTION 5.05.01.A.6. OF THE LAND DEVELOPMENT CODE CONCERNING AN ESTABLISHMENT SELLING ALCOHOL FOR ON -SITE CONSUMPTION AND DERIVING LESS THAN FIFTY -ONE PERCENT OF THEIR SALES FROM FOOD ITEMS AND HAVING A MINIMUM SEPARATION DISTANCE OF LESS THAN 500 FEET FROM OTHER SUCH ESTABLISHMENTS WHICH ARE LOCATED IN THE MERCATO MIXED USE PLANNED UNIT DEVELOPMENT IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #I 7F — Continued to 9/11/2012 (Per the Agenda Change Sheet) RESOLUTION DESIGNATING THE CLOSE -OUT OF ELEVEN (11) ADOPTED PLANNED UNIT DEVELOPMENTS (PUDS) WHICH HAVE FULLY COMPLETED DEVELOPMENT Page 233 July 24, 2012 PURSUANT TO THEIR DEVELOPMENT ORDERS CONSTRUCTING UP TO THE AUTHORIZED DENSITY AND /OR INTENSITY AND HAVE BEEN FOUND BY COUNTY STAFF TO BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER COMMITMENTS Item #I 7G — Continued to 9/11/2012 (Per the Agenda Change Sheet) RESOLUTION DESIGNATING THE CLOSE -OUT OF FOUR (4) ADOPTED PLANNED UNIT DEVELOPMENTS (PUDS) WHICH HAVE FULLY COMPLETED ALL OR PORTIONS OF THEIR DEVELOPMENT AND HAVE CONSTRUCTED UP TO THE AUTHORIZED DENSITY AND /OR INTENSITY, AND HAVE BEEN FOUND BY COUNTY STAFF TO HAVE ONLY ONE RELEVANT TRANSPORTATION COMMITMENT REMAINING Item #I 7H — Continued to 9/11/2012 (Per the Agenda Change Sheet) RESOLUTION DESIGNATING THE CLOSE -OUT OF THE ADOPTED AUDUBON COUNTRY CLUB PLANNED UNIT DEVELOPMENT (PUD) WHICH HAS FULFILLED ALL OF THEIR COMMITMENTS WITHIN THEIR DEVELOPMENT ORDERS EXCEPT FOR ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL BE TRACKED THROUGH THE COMMITMENT TRACKING SYSTEM Item # 17I ORDINANCE 2012 -28: AMENDMENT TO ORDINANCE NUMBER 2009 -22, THE PLANNED UNIT DEVELOPMENT (PUD) TIME LIMITS AND TIME LIMIT EXTENSION Page 234 July 24, 2012 REQUIREMENTS AS FOUND IN SECTION 10.02.13.1) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) Item #I 7J ORDINANCE 2012 -29: PUDA- PL2011 -1168, THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 07 -71 THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO REMOVE A GOLF COURSE FROM THE RPUD; PROVIDING FOR AMENDMENTS TO PERMITTED USES; PROVIDING FOR AMENDMENTS TO DEVELOPMENT STANDARDS; PROVIDING FOR AMENDMENTS TO MASTER PLAN; PROVIDING FOR AMENDMENTS TO LIST OF REQUESTED DEVIATIONS FROM LDC; PROVIDING FOR AMENDMENTS TO LIST OF DEVELOPER COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY IS LOCATED ONE MILE NORTH OF US 41 AND 1-1/2 MILES EAST OF COLLIER BOULEVARD (CR 95 1) IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 688 +/- ACRES (THIS IS A COMPANION TO ITEM #16A20) Item #I 7K RESOLUTION 2012 -130: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2011 -12 ADOPTED BUDGET Page 235 July 24, 2012 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:06 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL. ‘; ' W. Co-Akk FRED W. COYLE, Ch irman ATTEST: " „ �_ fI' ;: DWIGHT E,.BROCI CLE ' tbk . f) ,i, 7, qp ,A_ _ 1.46.. ..:- 4- ,#) ; P -*:.- A•,CeS4 as 't0' !► Ognaturf .gin These minutes ap roved by the Board on S e�J 11 , 2012, as presented or as corrected 1 TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 236