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BCC Minutes 10/09/2012 R BCC REGULAR MEETING MINUTES OCTOBER 9, 2012 October 9, 2012 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 9, 2012 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta (telephonically) Donna Fiala Georgia Hiller Tom Henning ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Clerk of Courts Finance Director Ian Mitchell, BCC Executive Manager Mike Sheffield, Business Operations Manager. Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority II ztostio r l AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 October 09, 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 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY Page 1 October 9, 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. Father Tim Navin - San Marco Catholic Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. September 11-12, 2012 BCC/Regular Meeting Page 2 October 9, 2012 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation recognizing October 2012 as Fire Fighter Appreciation Month for the fundraising efforts for Muscular Dystrophy Association #516. To be accepted by Becky Goodlet, MDA Representative and representatives from fire stations in Collier County. Sponsored by the Board of County Commissioners. B. Proclamation recognizing October 2012 as Blindness Awareness Month in Collier County. To be accepted by Kathleen Peck and David Weigel of Lighthouse of Collier, Inc. Sponsored by the Board of County Commissioners. C. Proclamation designating October 2012 as Domestic Violence Awareness Month in Collier County. To be accepted by Linda Oberhaus, Executive Director, the Shelter for Abused Women & Children. Sponsored by Commissioner Coyle. 5. PRESENTATIONS A. Presentation of Distinguished Budget Presentation Award for Fiscal Year 2012 from the Government Finance Officers Association (GFOA) presented to the Office of Management and Budget. To be accepted by Mark Isackson, Director, Corporate Financial and Management Services. B. Presentation recognizing the valiant lifesaving efforts of two off-duty firefighters from the City of Marco Island Fire Rescue Department: Engineer Paramedic Dustin Beatty and Engineer Paramedic Al Munoz. (Commissioner Donna Fiala) C. Presentation of the Collier County Business of the Month for October 2012 to Naples Airport Authority. To be accepted by Cormac Giblin, Chair; Sheila Dugan, Deputy Executive Director; and Ted Soliday, Executive Director. Page 3 October 9,2012 6. PUBLIC PETITIONS A. Public Petition request from Liz Pfunder requesting reimbursement for damages related to a sewer backup. B. Public Petition request from Tim Hancock requesting that the Board establish a separate Growth Management Plan Adoption Cycle for Petition CP-2012-2 (Princess Park PUD, Airport-Pulling Road). 7. PUBLIC COMMENTS ON GENERAL TOPICS Item 8 and 9 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. To obtain the Board of County Commissioners approval for naming the Lely Area Stormwater Improvement Project, currently identified as the LASIP Mitigation Park, as "Serenity Walk Park." Commissioner Fiala. B. Appointment of members to the Historical/Archaeological Preservation Board. C. Press Release dated September 28, 2012 for Advisory Board vacancies. 11. COUNTY MANAGER'S REPORT A. Recommendation to approve and adopt a Resolution approving the Pay and Classification Plans for the Board of County Commissioners and County Attorney effective October 1, 2012, and providing for a Cost of Living Adjustment of 2.0% effective on October 6, 2012, the first day of the first pay period in FY13. (Len Price, Administrative Services Administrator) B. Recommendation to adopt resolutions authorizing the condemnation of the land and easements necessary for the construction of capital improvements Page 4 October 9, 2012 at the intersection of US 41 and Collier Boulevard. (Project No. 60116.) Estimated fiscal impact: $13,500,000. (Jay Ahmad, Transportation Engineering Director.) C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a resolution finding Petition Number ST-PL2012168 for a special treatment development permit to dredge and fill on state-owned property in the vicinity of Wiggins Pass consistent with the Agricultural and Conservation Special Treatment Overlays (A-ST and CON-ST) and issue the permit. The project is located in Sections 17, 18 and 20, Township 48 South, Range 25 East, Collier County, Florida. (Stephen Lenberger, Growth Management Division Senior Environmental Specialist) D. Recommendation to award Bid Number 12-5915, "South County Water Reclamation Facility (SCWRF) Odor Control Facilities Upgrades," to Mitchell & Stark Construction Company, Inc., in the amount of$1,378,681 for SCWRF Compliance Assurance Project Number 70089. (Tom Chmelik, Planning and Project Management Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:00 a.m. This item continued from the September 25, 2012 BCC Meeting. Recommendation to discuss Item #11E from the Board's September 11, 2012 agenda regarding "Wastewater Basin Program" contracts. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY Page 5 October 9, 2012 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1) Recommendation to award a construction contract to Better Roads, Inc., for Bid No. 12-5937, Industrial Boulevard (Radio Road to Mercantile Ave) Roadway Improvements Project No. 60188.4 funded by the Naples Production Park MSTU, in the amount of$473,312.96 plus a ten (10) percent contingency of$47,331.30 totaling $520,644.26. 2) Recommendation to approve Agreement No. 4600002607 with the South Florida Water Management District in the amount of$240,000 for the continued collection of surface water quality samples in Collier County. 3) Recommendation to approve the Vanderbilt and Naples Beach Emergency Beach Renourishment Resolution, make a finding that these beaches are critically eroded and TDC funds can be used for renourishment, allow an expedited competitive process to renourish these beaches, authorize the County Manager or his designee to approve the contract but not issue the Notice-to-Proceed until contract ratification by the Board, authorize the expenditure of up to $650,000 Category A Tourist Development Funds, and approve all necessary budget amendments. 4) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt a Resolution authorizing a public hearing to consider vacating a Page 6 October 9,2012 portion of the southerly 5 feet of an existing 10-foot utility easement located in Lot 1, Block I, Gulf Acres, as recorded in Plat Book 1, Page 111, of the Public Records of Collier County, Florida. - Application No. VAC-PL20120001426. B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DIVISION 1) Recommendation to award Bid No. 12-5909, "Collier County Landfill Household Hazardous Waste Facility," to Compass Construction, Inc., in the amount of$833,777 for construction of the Household Hazardous Waste Facility at the Collier County Landfill, Project Number 59005. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve and authorize the Chairman to sign an Interlocal Agreement with Everglades City in order to provide funding assistance in the amount of$5,000 to Everglades City for improvements to the McLeod Community Park. 2) Recommendation to approve four agreements to allow participation in alternative intergovernmental transfer programs (IGT): Two between the County and Agency for Health Care Administration (AHCA), and one each between the County and Physicians Regional Medical Center and Naples Community Hospital. The County's total financial commitment is $2,097,484 which is currently budgeted. 3) Recommendation to approve an agreement in the amount of$225,759 with the Agency for Health Care Administration and an agreement with Collier Health Services (CHS) to participate in the Medicaid Low Income Pool Program. Participation in this program will generate $308,329 in Federal matching funds that will provide additional health services for the citizens of Collier County. 4) Recommendation to authorize the Chairman to sign Memorandums of Understanding with The Southwest Florida Workforce Development Page 7 October 9, 2012 Board, Inc. for the delivery of the 21st Century Community Learning Centers swimming skills and drowning prevention programs "Miracle Plus 1 and Miracle Plus 2 program." 5) Recommendation to authorize the necessary budget amendments for the U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2012-2013 budget as approved in the HUD Action Plan for entitlement funds and authorize the Chair to sign the standard HUD Agreement forms upon arrival. The receipt of funds is for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) for continuation of services. Project start dates and timely use of federal funds is dependent on this acknowledgement of funding. 6) Recommendation to approve Invitation to Bid (ITB) #12-5918 "Boat Ramp Repair" for the Port of the Islands Marina Project#80215 to CB Construction Services Corp. and to authorize the Chairman to execute the attached contract and authorize the necessary budget amendment in the amount of$98,747. 7) Recommendation to approve a Resolution and provide after the fact approval for the submittal of Shirley Conroy Rural Area Capital Equipment Support Grant in the amount of$70,000 to the Florida Commission for Transportation Disadvantaged for the procurement and installation of a Call Center Software Telephone System and Certification Module for the paratransit system and authorize the Chairman of the Board to sign the grant and all applicable documents. 8) Recommendation to approve the Collier County University Extension Department's request for funding from the Collier County 4-H Association in the amount of$71,350, approve subsequent acceptance of requested funds, authorize the Chairman to sign a Memorandum of Understanding with Collier County 4-H Association to fund 4-H Outreach Coordinators and the enhancement of outreach activities managed by the Collier County University of Florida /IFAS Extension Department, and authorize the subsequent Budget Amendment. Page 8 October 9, 2012 9) Recommendation to approve Amendment 2 to Contract No. 11-5753, Electronic Fareboxes for the Collier Area Transit (CAT) Intelligent Transportation Systems (ITS) Program, and approve the Software License Agreement between Fare Logistics Corporation and Collier County. 10) Recommendation to approve and execute the attached Multi-year Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) through Federal Pass-through 49 U.S.C. § 5311 funding under Contract Number AQR01 providing public transportation services in Collier County's non-urbanized areas in the amount of$272,797 as well as a FY 2012/2013 local match in the amount of$272,797, and approve the necessary budget amendments. 11) Recommendation to approve the submittal of a grant application for the 2012/2013 Congestion Management System/Intelligent Transportation Stakeholders (CMS/ITS) Box Funding in the amount of$276,000 through the Federal Transit Administration (FTA) Transportation Electronic Award Management (TEAM) System. 12) Recommendation to approve a contract amendment between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. which reflects additional grant funding for senior meals of$27,262 and county match of$3,029.11 in the aggregate amount of$30,291.11 for the FY12 Older Americans Act Program Title III, and authorize necessary budget amendments. 13) This item continued from the September 25, 2012 BCC Meeting. Recommendation to approve and authorize the Chairman to execute a Resolution repealing Resolution No. 2009-296 and a Resolution establishing a revised Collier County Public Library Fees and Fines Schedule. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve and authorize the acceptance of a Volunteer Fire Assistance Grant Award in the amount of$2,112 to Page 9 October 9, 2012 purchase Class A Foam for the Ochopee Fire Control District and authorize all necessary budget amendments (local match $1,056). 2) Recommendation to authorize sole source purchasing of equipment and services for the 800 MHz Public Safety Radio System. 3) Recommendation to authorize routine and customary budget amendments appropriating approximately $3,085,820.51 of Fiscal Year 2012 carry forward for approved open purchase orders into Fiscal Year 2013 for operating budget funds. This is a Companion to Item #17B. 4) Recommendation to retroactively (effective September 26, 2012) request a waiver of competition to authorize fuel purchases and payments under the State of Florida Contract (405-000-10-1) to Mansfield Oil Company LLC to fill County owned fixed fuel tanks at the Fleet Management Operation; to add "tank wagon" services to Contract #10-5581 Motor Oils and Lubricant with Combs Oil; and authorize purchases and payments to Mansfield Oil Company LLC for County owned fixed fuel tanks at the Fleet Management Operation and to Combs Oil for "tank wagon" services. F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2012-13 Adopted Budget. G. AIRPORT AUTHORITY 1) Recommendation to authorize the Chairman to execute the attached Resolution authorizing signature of Joint Participation Agreement No. AQR24 with the Florida Department of Transportation, to accept a grant in the amount of$35,312 for the design, permitting and bidding of Runway 17-35 pavement restoration at the Marco Island Executive Airport, and to authorize associated budget amendments. Page 10 October 9, 2012 2) Recommendation to authorize the Chairman to execute the attached Resolution authorizing execution of Joint Participation Agreement No. AQR22 with the Florida Department of Transportation, to accept a grant in the amount of$39,642 for the design, permitting and bidding of Runway 9-27 pavement restoration at the Immokalee Regional Airport, and authorize the necessary budget amendments. 3) Recommendation to authorize the Chairman to execute the attached Resolution authorizing execution of Supplemental Agreement One to Joint Participation Agreement No. AQ122 with the Florida Department of Transportation to provide additional funds in the amount of$6,121 for security system upgrades at the Marco Island Executive Airport, and authorize the necessary budget amendments. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Parkinson Association Luncheon on September 12, 2012. The sum of$11.48 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Immokalee Chamber of Commerce Monthly Breakfast Meeting at Roma Havana Restaurant in Immokalee, FL on May 2, 2012. $10 to be paid from Commissioner Coletta's travel budget. 3) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Immokalee Chamber of Commerce Monthly Breakfast meeting at Roma Havana Restaurant in Immokalee, FL on August 1, 2012. $10 to be paid from Commissioner Coletta's travel budget. MISCELLANEOUS CORRESPONDENCE Page 11 October 9, 2012 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) To obtain Board approval for disbursements for the period of September 8, 2012 through September 14, 2012 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of September 15, 2012 through September 21, 2012 and for submission into the official records of the Board. 3) Tax Collector request for advance commissions in accordance with Florida Statute 192.102 (1) for FY2013. K. COUNTY ATTORNEY 1) Recommendation to approve the Termination of Interlocal Agreement between the Collier County Community Redevelopment Agency and the Collier County Airport Authority for the Immokalee Business Development Center. 2) Recommendation to adopt a Resolution formally electing the Medicaid Settlement Option set forth in Paragraph 3 of the Amended Stipulation Providing for Dismissal of Some Parties and Abatement of Case for Remaining Parties filed in Alachua County, Florida et al v. Elizabeth Dudek, et al; Case No.: 2012-CA-1328, Second Judicial Circuit, Leon County, Florida, as it relates to litigation challenging the constitutionality of Chapter 2012-33, Laws of Florida (HB 5301) and authorize the chairman to sign the Medicaid Payment Plan Agreement with the Agency for Health Care Administration (AHCA). Page 12 October 9, 2012 3) Recommendation to adopt a Resolution setting forth its intent to terminate the Employment Agreement with the Executive Manager to the Board of County Commissioners. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation to approve an amendment to Collier County Ordinance No. 91-107, as amended (The Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), to incorporate provisions to facilitate the construction of roadways and roadway improvements within the MSTU boundaries. B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012-13 Adopted Budget. This is a Companion to Item #16E3. C. This item has been continued to the October 23, 2012 BCC meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20120001606, to disclaim, renounce and vacate the County and the Public interest in a portion of State Road No. 29 (a.k.a. Copeland Avenue South) a 200-foot public road right-of-way, being a part of Section 23, Township 53 South, Range 29 East, Collier County Florida being more specifically shown in Exhibit A. Page 13 October 9,2012 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 14 October 9,2012 October 9, 2012 MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission meeting is now in session. Would you please stand for the invocation by Father Tim Navin of the San Marco Catholic Church. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE FATHER NAVIN: Good morning. Let us pray. Oh, God, our creator, from your provident hand, we have received our right to life, liberty, and the pursuit of happiness. You have called us as your people and given us the right and duty to worship you, the only true God. We ask you to bless us in our vigilance for the gift of religious liberty, give us the strength of mind and heart to readily defend our freedoms when they are threatened, give us courage in making our voices heard on behalf of the rights of your church and the freedom of conscience of all people of faith. Grant we pray, oh, Heavenly Father, a clear and united voice to all your sons and daughters so that with every trial withstood and every danger overcome for the sake of our children, grandchildren, and all who come after us, this great land will always be one nation under God, indivisible, with liberty and justice for all. Grant your grace to us to respond as faithful citizens in our community. We ask for eyes of faith so that we might see each other as brothers and sisters, one and equal in dignity, especially those who are victims of abuse, violence, deceit, and poverty. We ask for ears that will hear the cries of children unborn and those abandoned; men and women oppressed by violence and justice. We ask for minds and hearts that are open to hearing the voice of Page 2 October 9, 2012 those, including these commissioners, to lead us all to the common good. We pray for discernment so that we might choose leaders to hear your word, live your love, and keep to the ways of your truth. Guide us in these and all things to the ways of your kingdom of merciful justice, sublime truth, and lasting peace. Amen. CHAIRMAN COYLE: Thank you, Father Navin. Will you please join us in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. FATHER NAVIN: You're welcome, sir. Item #1B DECLARATION OF EXTRAORDINARY CIRCUMSTANCES FOR COMMISSIONER COLETTA TO PARTICIPATE BY TELEPHONE — APPROVED CHAIRMAN COYLE: This morning Commissioner Coletta will be joining us by telephone subject to the approval of a motion to be made by any of the board members to approve his participation by telephone. COMMISSIONER FIALA: Motion to approve his participation. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala. MR. KLATZKOW: We'll need a finding of extraordinary circumstances. COMMISSIONER FIALA: Should I say that in my motion, Jeff? MR. KLATZKOW: Yes. CHAIRMAN COYLE: Yes. Page 3 October 9, 2012 COMMISSIONER FIALA: Okay, Due to extraordinary circumstances. CHAIRMAN COYLE: Okay, A motion by Commissioner Fiala to approve participation by Commissioner Coletta. Is there a second? I will second it. Commissioner Hiller? COMMISSIONER HILLER: May I ask what the extraordinary circumstances are? CHAIRMAN COYLE: He's out of town and has a schedule conflict, and I verified with the County Attorney that that qualifies as an extraordinary circumstance. COMMISSIONER HILLER: County Attorney? MR. KLATZKOW: Yes, that's the opinion from the Attorney General, and it's a Legislative finding by the Board. COMMISSIONER HILLER: That if you're just out of town we can go ahead and vote on this? MR. KLATZKOW: If that's the will of the board, yes. CHAIRMAN COYLE: Okay, Any further discussion? (No response.) CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, The motion passes unanimously. COMMISSIONER FIALA: Is he there? CHAIRMAN COYLE: Is he there, Ian? Page 4 October 9, 2012 COMMISSIONER COLETTA: Yes, I am, I'm here. CHAIRMAN COYLE: Okay. You can't talk right now. COMMISSIONER COLETTA: You can't hear me, I take it. CHAIRMAN COYLE: No, we can hear you Jim, everything's okay, Commissioner Coletta. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: We will proceed with the agenda now. County Manager, will you please tell us about changes to the agenda this morning. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED — APPROVED AND/OR ADOPTED WITH CHANGES MR. OCHS: Yes, sir. Good morning, Mr. Chairman, Commissioners. These are the proposed agenda changes for the Board of County Commissioners' meeting of October 9, 2012. The first proposed change is to continue Item 13A to the October 23rd -- CHAIRMAN COYLE: Twenty-fifth. MR. OCHS: Excuse me? CHAIRMAN COYLE: Oh, I'm sorry. Go ahead. MR. OCHS: -- to the October 23, 2012, BCC Meeting. That request comes from the Clerk of the Court's Office. The next proposed change is to withdraw Item 16D9 from your consent agenda. That request is made by county staff. And the last change is to continue Item 16K1 indefinitely, and that request is made by the Executive Director of your Immokalee CRA. CHAIRMAN COYLE: Okay. Page 5 October 9, 2012 MR. OCHS: Those are all the changes I have, sir. CHAIRMAN COYLE: All right. I have a question about the first one. What is the problem with Item 13A? MR. OCHS: I'm not sure. You have to ask the Clerk Representative. CHAIRMAN COYLE: This is at least the second time this has been postponed. MR. OCHS: Yes, sir. CHAIRMAN COYLE: Can we get an explanation? MS. KINZEL: Sure Commissioner, Thanks. For the record, Crystal Kinzel with the Clerk's Office, we had another meeting with staff yesterday. We had some other fact finding to do, and so we agreed in that meeting with staff that we would continue it one more time, and we'll come to one resolution to bring back to the board at that time. CHAIRMAN COYLE: Okay. Can you tell us what the problem is and what facts are missing? MS. KINZEL: County staff was going to review both the video and the bid -- not bid -- the solicitation meeting of the ranking schedules. Our office had gone through the CCNA review. I think we're okay on that as far as the ranking, but we are looking at the scope change that was brought up as an issue on the contract and whether that scope change alters the proposal or the solicitation that was put out. CHAIRMAN COYLE: Well, the scope change was the reason it was originally delayed. Why does it take four weeks to make a decision on a scope change? MS. KINZEL: Well -- and, Commissioner, I'd like to put on the record, the original item that was brought back in March that had nothing to do with the clerk's office review. Our first request for review or that the board had some issues with the item was the Page 6 October 9, 2012 September 11th meeting, and so it has taken us a little bit to get staff together on those meetings. But going back to the original issue from the March, to bring it back to September, was not a Clerk of Courts issue. So I'm not familiar with all of the nuances to that one. But since the September 11th vote and the request that there were some issues that they wanted the clerk to look at, we've been working with staff since then to resolve it. CHAIRMAN COYLE: County Attorney, have you had any trouble getting staff together to address this issue? COMMISSIONER FIALA: County Manager? MR. OCHS: County Manager? CHAIRMAN COYLE: Or County Manager, I'm sorry. MS. KINZEL: I don't want to indicate there was trouble Commissioner, there's no trouble. CHAIRMAN COYLE: Just a minute, you know, these things happen too frequently. They take too long. You might be right; there might be a problem, but it should not take us months to resolve these problems. And we need to get to the bottom of these things because people are waiting to be awarded a contract. So can you shed some light on this? MR. OCHS: Well, sir, first of all, the contracts have been awarded, but we've agreed to withhold issuing any notice to proceed or work orders until we have this review completed. My staff is available and have been working right along with the Clerk's staff and the County Attorney's Office. We're anxious to move this forward to resolution. And, again, I don't know, outside of what Ms. Kinzel just presented, that there's anything that our staff is not available to resolve at any time. We've been available, and I think it's just taken some time to work through some of the questions. Page 7 October 9, 2012 But, frankly, next meeting, if we don't have any resolution, it would be my recommendation to the board that we just move ahead and execute the work orders for the contract. CHAIRMAN COYLE: Okay. Let me ask you a question. Are you aware of any information that the clerk needs from you that you haven't provided? MR. OCHS: Unless there is something new that came out of yesterday's meeting -- of course, I had one-on-one meetings with the commissioners, so I wasn't privy to that meeting. But I know that all of that is part of the record, and I'm going to ask Crystal for some clarification. MS. KINZEL: And, Commissioner, I do want to clarify. It isn't as though staff is not providing information. We are working through a rather complicated bid process -- and I keep saying bid, I'm sorry -- solicitation process, so there are nuances that have been brought up at different meetings that we're trying to make sure we've crossed all the T's and dotted the I's so we can promptly make payment. And that, we thought, was the request of the board, and that's why we continue to work to resolve it. But there's no indication on our part that staff is not providing information or unwilling to meet, but we -- it's taken longer than the last agenda. CHAIRMAN COYLE: Okay. So -- MR. OCHS: Commissioner, let me just say to you that from the staffs perspective, we believe we have a valid enforceable contract that meets the clerk's pre-audit requirement. We haven't heard anything from the County Attorney to the contrary or to the Clerk, frankly, at this point. They're still evaluating it. But we don't have anything else, I don't believe, to offer beyond what we've provided so far. And, again, we support the continuance for one more meeting, but one meeting only. COMMISSIONER HILLER: May I make a comment? CHAIRMAN COYLE: Do you have anything to add to this, Page 8 October 9, 2012 County Attorney? MR. KLATZKOW: No. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: I'd like to add a comment. CHAIRMAN COYLE: Go ahead, Commissioner Hiller. COMMISSIONER HILLER: Thank you, Yeah, I -- for purposes of explaining this to the public, this was a contract that came before us for almost a hundred million dollars; 96 million, actually, is what the total project would have been; 36 million in engineering for 60 million in construction, which I found unacceptable. Obviously, the engineering costs seemed excessive in light of $60 million in construction costs, and that was back in March. Then this contract came forward after the selection of the -- or the ranking of the various candidates, and it was re-presented two meetings ago -- was it one meeting ago? One meeting ago, September 11. It was represented September 11th, and all of a sudden that project which, in total, engineering plus construction, would have been 96 million and change to just under 50 million, okay. So as a consequence of saying, "no, that's not acceptable," we have a $50 million change. But the contracts -- this -- it didn't go back out for bid. So the question came up, is the CCNA being violated? Because, obviously, it sounds like there is a material change in scope. Well, yesterday, for the first time, new information was presented as to how this contract was, in fact, changed. How what was to be done was changed, and there are material changes in what is going to be done by these engineers. And as a consequence, how these engineers were evaluated against what is being done would also have changed. And that, to me, is the question. Now, secondarily, it appears that while staff represented to us that this contract was going to reduce from 96 million in total to just Page 9 October 9, 2012 under 50 million doesn't seem to be the case. So what's going on here? Now, as a taxpayer of Collier County, I would think that you would want this board to be prudent and ensure that it is absolutely a legally let contract when we are dealing with tens of millions of dollars. So rushing a contract through when so much is at stake, I think, is irresponsible, and it should be done properly, correctly, with all the I's dotted, all the T's crossed, and then the work should proceed further. There will be no adverse effect on the system. There will be no adverse effect on the services provided by that system as a consequence of the request for additional information and further analysis by the Clerk of Courts in conjunction with the county attorney. So I support both. CHAIRMAN COYLE: County Manager, do you have any comment to that? MR. OCHS: Only that I believe the contract was not rushed through. It was legally entered into by the board, and no one has presented any evidence to me at this point to the contrary, sir. CHAIRMAN COYLE: Okay. Thank you very much. COMMISSIONER HILLER: Well, we will find out. As a consequence their analysis, we will see if that is, in fact, the case. And that is what I am looking for validation. I'm not casting judgment, but I want assurances that it is being done in the correct fashion, because, you know, literally, a change of $50 million and changes in scope where it, in the beginning, says we're going to do all basins to we're only going to do 8 percent of the basins, when we're going to do all pumps 100 percent to where we're only going to -- which is, like, 119 pumps, to where we're only going to do 20 pumps, 100 percent raises big questions in my mind. MR. OCHS: Sir, again, this is our Engineering Services, not Construction Services that enter into -- Page 10 October 9, 2012 COMMISSIONER HILLER: Understood, and -- MR. OCHS: -- the type of engineering review. CHAIRMAN COYLE: Just a moment, Commissioner Hiller. MR. OCHS: The type of engineer design work, as I understand it, is similar whether you do 10 pumps or a thousand pumps. So that's -- I suppose that's what we're going to iron out here over the next two weeks, and I'm going to have this in front of you for final resolution in two weeks. CHAIRMAN COYLE: Okay. Good. Thank you very much. County Attorney, do you have any changes to the agenda? MR. KLATZKOW: No, sir. CHAIRMAN COYLE: Okay. And today we'll start with Commissioner Henning for ex parte disclosure for the summary and consent agendas and for any other changes to the agenda. COMMISSIONER HENNING: I have no changes to today's agenda. I do have ex parte communication on 17C; received the Planning Commission's and staffs report. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: That's it. CHAIRMAN COYLE: All right. And I have no additional changes to the agenda. And as far as ex parte disclosure's concerned, I have none. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no changes or corrections to the agenda. On the consent agenda, I have no disclosures. On the summary agenda, 17C, I read staffs report and also of CCPC. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you. On 11C, I received staff report, I had meetings, emails, and calls; on 16A4, no disclosures; and on 17C, no disclosures. With respect to the agenda, Leo, the item regarding the recycle Page 11 October 9, 2012 facility, the hazardous materials recycle facility -- MR. OCHS: Yes, ma'am. 16C1 on your agenda? COMMISSIONER HILLER: Yeah, could you move that to the general, please? MR. OCHS: Certainly. COMMISSIONER HILLER: And, also, the item related to Mr. Mitchell's severance, could you also move that from consent to the general, the resolution on that? CHAIRMAN COYLE: Okay. And where are those going to go? MR. OCHS: 16C1, Commissioners, will become Item 11E on your agenda, and 16K3 will become 12A. CHAIRMAN COYLE: Okay. MR. OCHS: Mr. Chairman, with respect to the 16K3 that has become 12A, Commissioner Coletta, I believe, had a request to hear that at a time-certain. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Thank you, Leo. I have an appointment I have to go to from 12 to a little bit after 2, and I would appreciate very much if my fellow commissioners would put a time-certain on the 12H (sic) there for the morning hours. MR. OCHS: It's 12A, sir. Mr. Chairman, 10 a.m. or -- CHAIRMAN COYLE: I don't know. Is 10 a.m. going to be too early? MR. OCHS: Eleven a.m. Let's try it for 11. Will that work for the board? CHAIRMAN COYLE: We can do that, yeah. Let's try it for 11 a.m. MR. OCHS: Eleven a.m. CHAIRMAN COYLE: Yes. MR. OCHS: Yes, sir. CHAIRMAN COYLE: Wait just a moment. Commissioner Coletta, your appointment conflict is at 12 o'clock, starting at 12 o'clock? Page 12 October 9, 2012 COMMISSIONER COLETTA: Twelve o'clock until 2. CHAIRMAN COYLE: Okay. There might be the possibility this will go longer than that. Why don't we try at 10? MR. OCHS: Okay. COMMISSIONER COLETTA: What time? MR. OCHS: 10 a.m. CHAIRMAN COYLE: 10 a.m. COMMISSIONER COLETTA: 10 a.m., okay. MR. OCHS: 12A will be heard at 10 a.m. CHAIRMAN COYLE: Okay. Then do we have a motion to approve the -- COMMISSIONER COLETTA: I haven't made my disclosures yet. CHAIRMAN COYLE: Oh, I'm sorry. Go ahead, Commissioner Coletta. COMMISSIONER COLETTA: No disclosure on the consent or summary agenda and no changes to the agenda. Thank you. CHAIRMAN COYLE: Well, we could have just skipped that entirely, couldn't we? Okay, thank you. Is there a motion to approve the -- today's regular, consent, and summary agenda as amended? COMMISSIONER FIALA: Motion to approve today's regular, consent, and summary agenda. COMMISSIONER HILLER: Second. CHAIRMAN COYLE: Okay. Motion to approve the agenda as amended by Commissioner Fiala, second by Commissioner Hiller. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: (No verbal response.) Page 13 October 9, 2012 COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion carries unanimously. Page 14 Proposed Agenda Changes Board of County Commissioners Meeting October 9,2012 Continue Item 13A to the October 23,2012 BCC Meeting: This item continued from the September 25, 2012 BCC Meeting. Recommendation to discuss Item 11E from the Board's September 11,2012 agenda regarding"Wastewater Basin Program"contracts. (Requested by Clerk of Courts) Withdraw Item 16D9: Recommendation to approve Amendment 2 to Contract No.11-5753, Electronic Fareboxes for the Collier Area Transit(CAT)Intelligent Transportation Systems(ITS) Program,and approve the Software License Agreement between Fare Logistics Corporation and Collier County. (Staffs request) Continue Item 16K1 Indefinitely: Recommendation to approve the Termination of Interlocal Agreement between the Collier County Community Redevelopment Agency and the Collier County Airport Authority for the Immokalee Business Development Center. (Requested by the Immokalee CRA Executive Director) 10/9/2012 8:36 AM October 9, 2012 Item #2B MINUTES FROM THE SEPTEMBER 11-12, 2012 BCC/REGULAR MEETING — APPROVED AS PRESENTED CHAIRMAN COYLE: That brings us to the minutes of the September 11th and the 12th, 2012, BCC regular meeting. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Motion to approve as written by Commissioner Fiala. Is there a second? COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Second by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion carries unanimously. That brings us to proclamations. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS — ADOPTED Item #4A PROCLAMATION RECOGNIZING OCTOBER 2012 AS FIRE FIGHTER APPRECIATION MONTH FOR THE FUNDRAISING Page 15 October 9, 2012 EFFORTS FOR MUSCULAR DYSTROPHY ASSOCIATION #516. ACCEPTED BY BACKY GOODLET, MDA REPRESENTATIVE AND REPRESENTATIVES FROM FIRE STATIONS IN COLLIER COUNTY — ADOPTED MR. OCHS: Yes, sir. The first proclamation is 4A, a proclamation recognizing October 2012 as Firefighter Appreciation Month for the fundraising efforts from Muscular Dystrophy Association No. 516. To be accepted by Becky Goodlet, MDA representative, and Jason O'Conner (phonetic). This item is sponsored by the entire Board of County Commissioners. Please step forward and receive your award. (Applause) CHAIRMAN COYLE: Who's going to get this? That's yours. If you'll stand up here in the front, we'll get a picture of you. Congratulations. (Applause) CHAIRMAN COYLE: Thank you for what you do. Thanks a lot. COMMISSIONER FIALA: I'm sorry to sit down. I didn't mean to do that. COMMISSIONER HENNING: Thank you. How much did you raise? MS. GOODLET: This year they've raised $1.3 million. COMMISSIONER HENNING: Great, thank you. Item #4B RECOGNIZING OCTOBER 2012 AS BLINDNESS AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY KATHLEEN PECK AND DAVID WEIGEL OF THE LIGHTHOUSE OF Page 16 October 9, 2012 COLLIER, INCORPORATED — ADOPTED MR. OCHS: 4B is a proclamation recognizing October 2012 as Blindness Awareness Month in Collier County. To be accepted by Kathleen Peck and David Weigel of the Lighthouse of Collier, Incorporated. This item is sponsored by the Board of County Commissioners. Please come forward. (Applause) CHAIRMAN COYLE: Kathleen, why don't you take that. David, good to see you. MS. PECK: Hi, I'm Kathleen Peck with the Lighthouse of Collier, and David and I would like to thank the Board of County Commissioners, and we'd also like to thank the fine staff at the Collier County -- Collier Area Transit and Para Transit. We deal with a lot of the staff, but we deal with them on a regular basis, and they help bring clients to our center so we can help them remain independent with their vision loss. So, again, thank you. (Applause) CHAIRMAN COYLE: Thank you for the good work you're doing. MS. PECK: Thank you. Item #4C PROCLAMATION DESIGNATING OCTOBER 2012 AS DOMESTIC VIOLENCE AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY LINDA OBERHAUS, EXECUTIVE DIRECTOR OF THE SHELTER FOR ABUSED WOMEN AND CHILDREN; SHERIFF KEVIN RAMBOSK; AND ASSISTANT STATE ATTORNEY RICH MONTECALVO — ADOPTED Page 17 October 9, 2012 MR. OCHS: Commissioners, Item 4C is a proclamation designating October 2012 as Domestic Violence Awareness Month in Collier County. To be accepted by Linda Oberhaus, executive director of the Shelter for Abused Women and Children; Sheriff Kevin Rambosk; and Assistant State Attorney Rich Montecalvo. This item's sponsored by Commissioner Coyle. Please come forward. (Applause) CHAIRMAN COYLE: Congratulations. Thank you. COMMISSIONER HENNING: Job well done. (Applause) CHAIRMAN COYLE: Linda, you want to say something? MS. OBERHAUS: Thank you, Commission and -- for your support and also, Chairman Coyle. I just -- my name is Linda Oberhaus. I'm the executive director of the Shelter for Abused Women and Children. And I also want to thank both the Sheriffs Office and the State Attorney's Office for their support on a day-to-day basis ensuring that victims in Collier County are safe and that perpetrators of domestic violence are held accountable for their crimes. Also, during October is National Domestic Violence Awareness Month. There'll be a variety of activities throughout Collier County just trying to raise awareness about this issue. And as part of that effort, all the law enforcement agencies and our EMS agency as well will be promoting awareness through magnets that they'll be putting on each of their vehicles, all of their fleets. So you should be able to see information to raise awareness throughout the community. Also, for those interested in participating in some of the events during October, you can visit the shelter's website at naplesshelter.org. Thank you so much. Page 18 October 9, 2012 CHAIRMAN COYLE: Thank you, Linda. (Applause) MR. OCHS: Commissioners, if I can get a motion to -- COMMISSIONER HENNING: Motion to approve the proclamations as presented. CHAIRMAN COYLE: Motion to approve the proclamations by Commissioner Henning. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Motion carries unanimously. Item #5A PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL YEAR 2012 FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION PRESENTED TO THE OFFICE OF MANAGEMENT AND BUDGET. ACCEPTED BY MARK ISACKSON, DIRECTOR OF CORPORATE FINANCIAL MANAGEMENT SERVICES, AND THE BUDGET STAFF — PRESENTED MR. OCHS: Item 5A is a presentation -- a distinguished budget presentation award for Fiscal Year 2012 from the Government Finance Officers Association presented to the Office of Management Page 19 October 9, 2012 and Budget. To be accepted by Mark Isackson, director of corporate financial management services, and the budget staff. (Applause) CHAIRMAN COYLE: Thank you very much. COMMISSIONER HENNING: Good job. You guys do a great job. CHAIRMAN COYLE: Congratulations. COMMISSIONER FIALA: Good work, guys. COMMISSIONER HENNING: Is this all your staff, Mark? MR. ISACKSON: This is it. COMMISSIONER HENNING: Wow. CHAIRMAN COYLE: You're really overstaffed. You only have to do the budget one time a year. MR. OCHS: Not the way he does it. (Applause) COMMISSIONER FIALA: Father Tim is still here. CHAIRMAN COYLE: Oh, good. MR. ISACCSON: Commissioners, if I may, just a couple of comments. I want to thank the board, first of all, for their leadership and guidance as we go through these annual budget processes. I want to thank the county manager for putting up with myself and my staff for all these years. The constitutional officers certainly are acknowledged for their work and participation in the process as well as their fiscal staff, our division administrators and their fiscal staff and, finally, our office. It is quite small, but these faces are pretty familiar. They've been around for a long time. Susan Usher, Therese Stanley, Sherry Kimball, Ed Finn, and Randy Greenwald are all part of our process, and they make my job a lot easier. So thank you again. CHAIRMAN COYLE: Thank you, Mark. (Applause) Page 20 October 9, 2012 Item #5B PRESENTATION RECOGNIZING THE VALIANT LIFESAVING EFFORTS OF TWO OFF-DUTY FIREFIGHTERS FROM THE CITY OF MARCO ISLAND FIRE RESCUE DEPARTMENT, ENGINEER/PARAMEDIC DUSTIN BEATTY AND ENGINEER/PARAMEDIC AL MUNOZ — PRESENTED MR. OCHS: Item 5B is a presentation recognizing the valiant lifesaving efforts of two off-duty firefighters from the City of Marco Island Fire Rescue Department, Engineer/Paramedic Dustin Beatty and Engineer/Paramedic Al Munoz. And Commissioner Fiala will take it from here. COMMISSIONER FIALA: Thank you. Come on up fellows. And if you don't mind, I want to read this before I stand up. But you know what, I've known Dustin since he was a little boy. Isn't that something? He and my son used to water ski together ever so long ago. On September 18th at approximately 10 a.m., while traveling from an off-duty training course, Engineer/Paramedic Dustin Beatty and Engineer/Paramedic Al Munoz witnessed a vehicle roll over on I-75 into a wooded area. They immediately stopped to render aid prior to the arrival of any emergency personnel. The two approached the overturned truck and found the driver unrestrained, lying against the dashboard windshield of the upside-down vehicle. They quickly realized the hazards present and the condition of the patient and took action to remove the patient from the vehicle. To accomplish this, they removed the windshield from the severely damaged vehicle to gain access to the patient, removed the patient from the vehicle, and began assessing the patient's injuries prior to the arrival of FHP, Collier County EMS, East Naples, and Page 21 October 9, 2012 Golden Gate Fire Resources. Treatment was further provided upon arrival of the responding fire and EMS units. The patient questioned the EMS personnel asking who removed him from the vehicle. An EMS supervisor advised him it was two off-duty firefighters from Marco Island. The patient expressed his sincere gratitude. The captain from East Naples was so impressed that she immediately called Marco Island Fire Rescue department stating that their personnel did an awesome job and should be commended for their valiant lifesaving efforts. This incident reflects the quality of all Collier County fire rescue personnel no matter what department they work for and that no matter what time, on or off duty, they are there for our citizens and the citizens of this county. Let's give these guys a big hand. (Applause) COMMISSIONER FIALA: Thank you so much. COMMISSIONER HENNING: Did the city council do the same thing for you? UNIDENTIFIED SPEAKER: Yeah. COMMISSIONER HENNING: Wow, that's great. COMMISSIONER FIALA: I'm so proud to be able to present this to you. CHAIRMAN COYLE: Wait. You have to have a picture. MR. BEATTY: Thank you. MR. MUNOZ: Thank you. (Applause) Item #5C PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR OCTOBER 2012 TO THE NAPLES AIRPORT Page 22 October 9, 2012 AUTHORITY. ACCEPTED BY CORMAC GIBLIN, CHAIR; SHEILA DUGAN, DEPUTY EXECUTIVE DIRECTOR; AND TED SOLIDAY, EXECUTIVE DIRECTOR — PRESENTED MR. OCHS: Item 5C is a presentation of the Collier County Business of the Month for October 2012 to the Naples Airport Authority. To be accepted by Cormac Giblin, chair; Sheila Dugan, deputy executive director; and Ted Soliday, executive director. Congratulations. (Applause) CHAIRMAN COYLE: How are you? You may as well take this, huh? COMMISSIONER HILLER: Congratulations. CHAIRMAN COYLE: Okay. One more. Okay. Somebody want to say something? Okay. Cormac, good. MR. GIBLIN: Thank you, Commissioners, Mr. Chairman, County Manager. I'm Cormac Giblin, Chair of the City of Naples Airport Authority. We thank you and the Chamber of Commerce for this special award. Just a few brief words about the City of Naples Airport. We're a certified air carrier airport, home to flight schools, air charter operators, corporate aviation, and non-aviation businesses, as well as fire resources services, mosquito control, car rental agencies, and the Collier County Sheriffs Aviation Unit. All funds used for the airport's operation, maintenance, and improvements are generated from activities at the airport or at other airports around the country through federal and state grants. The airport receives no property tax dollars. During the 2011 fiscal year, we accommodated more than 84,000 takeoffs and landings, and the Florida Department of Transportation values the airport's economic impact to the community of Collier County at more than $273 million a year. Page 23 October 9, 2012 I've been on the board now for a little over five years, and during just those five years, we have put over $20 million back into the economy of Collier County and Naples through various capital improvement projects, including repaving, building new buildings, remodeling buildings, paving our safety areas, water management, painting, plumbing, everything, and we're very -- as a board, we're very happy with that to put the people of Collier County back to work, again, by investing over $20 million just in the past few years. I'd like to invite everyone watching here and at home to -- October 18th we're hosting the Chamber of Commerce's Business After Five event out at the airport. Please come out and see us. Thank you. CHAIRMAN COYLE: Thank you, Cormac. (Applause) Item #6A PUBLIC PETITION REQUEST FROM LIZ PFUNDER REQUESTING REIMBURSEMENT FOR DAMAGES RELATED TO A SEWER BACKUP — MOTION TO BRING BACK FOR A FORMAL HEARING AT THE NEXT BCC MEETING — APPROVED MR. OCHS: That takes us to Item 6, Commissioners, on your agenda this morning, public petitions. 6A is a public-petition request from Liz Pfunder requesting reimbursement for damages related to a sewer backup. MS. PFUNDER: Hello, good morning. CHAIRMAN COYLE: Good morning. MS. PFUNDER: My name is Liz Pfunder. I live in Collier County since 2000. And I had -- on February 14, 2012, I had a sewer backup which flooded my house. And I called a plumber. It was at Page 24 October 9, 2012 night. The plumber ran a high-velocity check through the cleanup, and afterwards he put a camera into the pipe. He said there was a large hump or inward dent in the six-inch city pipe roughly 40 feet out from my property. He told me to call -- that's the city's problem, and I should call the city the next day, which I did. A representative arrived at my property around 12 p.m. I was asked if I'm flowing, and then the person left. He said that the city will take care of the problem and the pipe. Two days later I called the city again because nobody checked the pipe, and I didn't know what was going on. And I called the risk management safety manager, Mr. Jerry Thorp. He asked questions. He wrote a report. He took pictures of the damage. And, also, two trucks arrived at my house to check the pipe. They also ran a camera in and saw that hump or bump or inward dent. On February 23rd I was contacted by John Power, the claim adjustor for John Eastern's Company. Again, I told him how it happened and how -- the details on how it happened. On March 2nd I received a letter from John Eastern claiming -- saying that my claim has been formally denied due to lack of notice and lack of opportunity to respond and inspect. I was, obviously, not supposed to call a plumber at night. I was supposed to call the city, and I didn't know that. So on March 6, I contacted an attorney, and he sent another request, you know, to the insurance, which was denied in June again for the same reason. I have paid $8,800 for the initial cleanup only to extract the water and get the carpets out. And the cleanup continued for three days. They had to take out drywall three feet from the floor. The floors, the vanities, the closets, everything. I have an estimate from Dry Zone, $46,288, which I paid 42- already out of my pocket. I had to cash in my 401(K) and borrow Page 25 October 9, 2012 from friends and family -- borrow money from friend and family. I don't know what to do; that's why I came to the meeting. CHAIRMAN COYLE: Okay. Could I ask a question? Ms. Pfunder has talked about calling the city. MS. PFUNDER: Yes. CHAIRMAN COYLE: We're the county, of course. Did you mean that you called the county? MS. PFUNDER: Yeah. CHAIRMAN COYLE: It wasn't the City of Naples. MS. PFUNDER: Yeah, sorry. I mix it up. CHAIRMAN COYLE: And this is in our Water/Sewer District, is it? MS. PFUNDER: Yes. MR. WALKER: For the record, Jeff Walker, Risk Management Director. Yes, sir, it is in our District. CHAIRMAN COYLE: Okay, okay. I just wanted to clarify that. Do you have a response? MR. WALKER: Yes, sir. What I would say, initially, is that Ms. Pfunder is represented by counsel. We have received a letter of representation by counsel, and in those letters it does indicate intent to begin litigation against the county. So my recommendation to the board is that, obviously, we need to be circumspect in the way we handle the matter, and it may be proper for this matter to be handled through the court system because of potential litigation. I can respond if you would like me to, but it would be brief. CHAIRMAN COYLE: Well, let's hear a brief explanation. MR. WALKER: Okay. CHAIRMAN COYLE: I don't quite understand why it has gotten to this point. MR. WALKER: Okay. The event occurred on the evening of February the 14th, late in the evening. Ms. Pfunder called Wastewater Page 26 October 9, 2012 on the 15th, the morning of the 15th at about 11 a.m., Crews responded at that time and checked the customer's cleanout, and it was clear and flowing; in other words, they didn't find anything that was out of order in terms of the cleanout. Ms. Pfunder stated that she had a plumber clear the blockage before the crew arrived, and the plumber told her to call the county. At the time that the staff went out on the morning of the 15th, there was no indication that there was damage to the home. The reports that were given to us is that there was nothing said about damage to the home at the time. Ms. Pfunder called us again on the 17th, as she said. MS. PFUNDER: Well, can I say something? Nobody came the next day to check the pipes. It was two days later. MR. WALKER: And, again, it's because they came out on the morning of the 15th, and they found it clear. MS. PFUNDER: No, nobody checked on the morning of the 15th. MR. WALKER: Well, what I will tell you is the reports we have from the collection staff is that they checked our collection side. MS. PFUNDER: No. MR. WALKER: They didn't camera it that day, okay, but they did check the collection side, and it was flowing and running. MS. PFUNDER: It's not true. That person was in front of my door and said, are you flowing, and I said yes, and then he left. I said, what do you mean with flowing? You want to come in and see the damage? And he said, no, that's -- I will report it to a different, you know, office. CHAIRMAN COYLE: Okay. If an item is under litigation, our policy is we'll ask questions but we will not discuss the item. If it's under litigation, we -- MS. PFUNDER: It's not. My lawyer told me to come here and do this in front of here. Page 27 October 9, 2012 CHAIRMAN COYLE: Okay. But if the lawyer -- if you have a lawyer who's working on this issue, then -- MS. PFUNDER: We haven't done anything yet, just asked the insurance to pay the damage. Nothing else. There was nothing else done so far. CHAIRMAN COYLE: County Attorney, what is your advice concerning this? MR. KLATZKOW: You know, I know as much as you do now. CHAIRMAN COYLE: Okay. MR. KLATZKOW: I don't know if they just secured counsel just to write a letter or if they intend to sue. MR. WALKER: Well, the letter we received from counsel, Michael Brown, states in the letter that they intend to pursue the litigation if the -- MR. KLATZKOW: Well, that ends it then. CHAIRMAN COYLE: Okay. Well, then that ends it. I'm sorry, it sounds like -- I understand your problem, I really do, but we are at a point where we really cannot intervene in this process if there is litigation, so -- MS. PFUNDER: I'm not even working with that lawyer anymore. He just said if -- you know, if you don't get the money back, we have to go to court; that's all. CHAIRMAN COYLE: Okay. MS. PFUNDER: There's nothing going on with litigation. It was just said that we might pursue through the court. CHAIRMAN COYLE: If we have a letter from your lawyer, he is clearly representing you. MR. KLATZKOW: One approach is staff brings this back next agenda with a recommendation. If, indeed, there's pending litigation, the recommendation will be that we do nothing. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: I make a motion we do that. Page 28 October 9, 2012 CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: To explain to you what happens, under these kinds of petitions, we seldom, if ever, make a decision while you're here making the presentation, okay. The reason for that is, it takes us time to gather the information so that we can make a proper decision. So our normal process is to make a decision, do we want to hear this at a formal meeting and get all of the information presented, or do we want to discard the issue? In your case, the motion here is to have this scheduled for a full public hearing at the next meeting -- I would hope we could do this at the next meeting -- and hopefully then we will have all the data we need to make a decision, and we will try to make an equitable decision at that point in time. Do you understand -- MS. PFUNDER: Okay. CHAIRMAN COYLE: -- what we're doing? Okay. So there's a motion by Commissioner Hiller to bring this back for a full hearing. Is there a second? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Second by Commissioner Fiala. COMMISSIONER FIALA: But I have a question. CHAIRMAN COYLE: Okay. Question, go ahead. COMMISSIONER FIALA: Yes. From what I can determine from the lady's presentation, what she's asking for is to let the insurance company know that they should be paying for it. She's not asking us for money. She's asking for the insurance company to pay for it, right? MR. WALKER: Well -- MS. PFUNDER: County -- MR. WALKER: -- Commissioner, we are self-insured, Page 29 October 9, 2012 obviously. This is going to come out of taxpayers' funds. And, again, let me finish my presentation, because I didn't get all the facts in. When we were contacted again on the 17th, a representative of our office went out. That line was scoped and a camera was put in it. They did not find a defect in that line. There's no hump. There's a slight dip, but the report was that it was serviceable and not in need of repair, okay. The plumber claims that he came out, could not find the cleanout on the house, which we find very difficult to understand. Our representative went out there and found the cleanout in five seconds. He proceeded, as he said, to go into our side of the cleanout, which he's not supposed to do. What ended up happening is by the time we scoped that pipe and we looked at it, there was no defect and no blockage found in that pipe; therefore, we cannot confirm liability, and we can't assume liability because we can't find causation. If we can't determine causation, we don't have a legal basis to pay the claim. So we're talking about a $50,000 check, essentially. That's the situation. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I'll wait till it comes back. CHAIRMAN COYLE: Okay, very well. All in favor of the motion to bring it back for a full hearing, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. The motion passes unanimously. Page 30 October 9, 2012 It will come back for a full hearing at next meeting, and we will, hopefully, resolve the issue at that point in time. MS. PFUNDER: Thank you. CHAIRMAN COYLE: Just one thing I'd like to ask that both of you do. I would like to see presented at that point in time the invoice for the repairs that you have done and a report from the person preparing the invoice what work was done and the reason for the work to be done. MS. PFUNDER: Okay. I'll have it all here. CHAIRMAN COYLE: If you could present us with all that information the next time -- provide it in advance so we'll have a chance to look at it before the hearing. MS. PFUNDER: May I leave it here? CHAIRMAN COYLE: You may, yes. It will become part of the official record. You have copies of that, I hope? MS. PFUNDER: Yes. CHAIRMAN COYLE: Okay. MS. PFUNDER: Thank you. CHAIRMAN COYLE: Thank you very much. MS. PFUNDER: Thank you. CHAIRMAN COYLE: And we'll see you next meeting. Okay. Item #6B PUBLIC PETITION REQUEST FROM TIM HANCOCK REQUESTING THAT THE BOARD ESTABLISH A SEPARATE GROWTH MANAGEMENT PLAN ADOPTION CYCLE FOR PETITION CP-2012-2 — MOTION TO BRING BACK FOR A FORMAL HEARING ON A SEPARATE GMP CYCLE (DATE TO BE DETERMINED); STAFF TO BRING BACK MODIFICATIONS TO GMP PROCEDURES RESOLUTION — APPROVED Page 31 October 9, 2012 MR. OCHS: Item 6B is a public-petition request from Tim Hancock requesting that the board establish a separate Growth Management Plan adoption cycle for Petition CP2012-2. It's the Princess Park PUD. Good morning, sir. CHAIRMAN COYLE: Do you have a question now? COMMISSIONER HILLER: I do. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HILLER: I completely support what you want, and the reason I support it is because the law has changed, which does allow us to hear these Growth Management Plan amendments when we want to hear them. And I think that our local ordinance needs to be changed to mirror the statute. So I understand what your petition is, and I'm going to make a motion that we bring it back, and -- COMMISSIONER HENNING: Second. COMMISSIONER HILLER: -- that we allow staff to come forward at the next meeting to propose -- and I'm sorry that Jeff isn't here, so I'll include Jeff in that when he returns -- to propose a change to the ordinance to allow for this on an ongoing basis. This shouldn't be just for you. It should be for all developments out there. CHAIRMAN COYLE: Yeah. Can I offer a friendly amendment that might make it even better? COMMISSIONER HILLER: Absolutely, and especially the friendly part. I like that, you know. We're moving in the right direction. CHAIRMAN COYLE: That's an unusual motion for me. COMMISSIONER HILLER: Yeah. Listen, there's still hope for Commissioner Coyle. He obviously has potential for improvement, and I'm going to encourage it. CHAIRMAN COYLE: That's right. COMMISSIONER HILLER: Will you help me, Tim? Page 32 October 9, 2012 MR. HANCOCK: All I can say is there's life after the dais. COMMISSIONER HILLER: Now you're starting to sound -- well, I'm not going to go there. CHAIRMAN COYLE: This will not be the only petitioner who will ask for this sort of thing to happen. And rather than scheduling multiple meetings throughout the year for changes to the Growth Management Plan, I'd like to see the staff communicate publicly that we would like to have anyone who seeks a change to the Growth Management Plan and try to put them on one or two agendas during the next year, and that will give us at least two cycles. And we'll try to deal with a number of these at the same time because, clearly, one of the problems here is that we have details in the Growth Management Plan that probably shouldn't be in the Growth Management Plan. And we've been trying for years to try to rectify that problem. And my understanding in reviewing some of these is that it's some of the older PUDs that are troubled by some of those details. And if there is a way that staff can find to do a general change in the Growth Management Plan provisions, it might save everyone a lot of time and money, including us. And I would just like to, as part of the motion to ask staff to come back to us with recommendations as to how is -- how we can most efficiently deal with this rather large problem. COMMISSIONER HILLER: Absolutely. I think what we should do is add a provision that just sunsets the entire LDC and start again. Makes it easy. CHAIRMAN COYLE: It's a Growth Management Plan. MR. HANCOCK: Can I ask that in a separate motion, please? COMMISSIONER HILLER: Okay. Sorry, sorry. Just sunset it, right? I was talking about the LDC. MR. HANCOCK: Mr. Chairman, Commissioners, I don't want to get in the way of a speedy thank you and a swift kick out the door. Page 33 October 9, 2012 COMMISSIONER HILLER: Right. MR. HANCOCK: But if you would kindly ask staff to make sure that this particular petition be placed on a separate cycle, we're trying to avoid having to get lumped in and going to the Planning Commission and all the advertising costs associated with it. CHAIRMAN COYLE: Yes. MR. HANCOCK: So as long as, within your motion, this is set aside, if you will, for a separate cycle -- and it could be determined later as to what that cycle is -- that would be important for us. CHAIRMAN COYLE: Yeah. The issue for him is that he's awaiting an official interpretation from the staff, and the change to the Growth Management Plan might not be necessary if he gets the appropriate official interpretation. So all he's trying to do is get a placeholder for the Comprehensive Plan modification that he would use then only if he didn't get the right official interpretation, so -- but I think Commissioner Hiller's motion will adequately deal with that, and maybe we could just clarify it for staff, that we create a new cycle, a single cycle, for this item as well as others that might come up in the interim period, and then we'll solve this problem, and hopefully we can solve some other problems at the same time. COMMISSIONER HILLER: If I may. I would like the county attorney to validate that we can actually do what Commissioner Coyle is suggesting under what our current law is, because I wasn't sure that we actually could do that. Aren't we -- I mean, I don't know -- can we MR. KLATZKOW: Specifically -- COMMISSIONER HILLER: -- do what Commissioner Coyle says, which is bring this project back without modification to anything fora -- MR. KLATZKOW: You used to have a requirement on the state statute where you would amend your Comprehensive Plan I think it Page 34 October 9, 2012 was no more than twice a year. COMMISSIONER HILLER: Right. MR. KLATZKOW: That's gone away. COMMISSIONER HILLER: Right. MR. KLATZKOW: So after that how many times you want to hear it is now up to you. COMMISSIONER HILLER: But my question is, do we have a local ordinance that mirrors the old statute? MR. KLATZKOW: It's a resolution, I believe. COMMISSIONER HILLER: So what I'd like to ask is that you verify what our governing law is locally now. It may be in conflict with the statute, but it's more restrictive, but -- MR. KLATZKOW: It's more restrictive. It's not in conflict. COMMISSIONER HILLER: But my point is, if it doesn't allow us to deviate from that, then we would have to amend either the ordinance or the resolution to allow that change to go forward. MR. KLATZKOW: Yeah. And I've had this discussion with Mike in the past. MR. BOSI: Mike Bosi, interim planning zoning director. The resolution that governs the Growth Management Plan cycles is 97-431, I believe, and it says there's one cycle per year, and at the board's direction a second cycle can be added. You're correct, Commissioner, 72.07 has now made the Growth Management Plan unlimited at will, so to speak. We are a little bit more restrictive with our current resolution. There's been discussion with David, David Weeks, the comprehensive planning manager, to basically bring back options. And what I'm hearing from the Board of County Commissioners, it sounds like you would like a system of two cycles per year with the opportunity at will to add an additional cycle. CHAIRMAN COYLE: Well, my suggestion was that we try to stay away from having many, many cycles during a year every time Page 35 October 9, 2012 someone comes in and says, wow, I need a new cycle. I'd like to get my project in there for consideration. I would like to see us try to manage it more effectively and accomplish these things as efficiently as possible. And so if there are numerous petitioners who want to seek a growth plan amendment, and there are certain provisions that are troublesome, that we find it appropriate to remove from the Growth Management Plan and put it in our zoning ordinances. Then it makes it a lot easier for everybody. People don't have to pay to go through that process then, and we will have had a public hearing to consider those changes, and we'll get them done at one time. Now, I know that we're not smart enough, I'm not smart enough, to know what all of those things are. It's going to make a little work, and -- but bottom line, let's try to do it efficiently rather than handling it individually for every organization that comes up here, and we'll set up a new cycle. That just doesn't make sense to me, but -- okay. MR. OCHS: Commissioner, may we bring that back at your November meeting? I don't know that that creates any hardship for the petitioner. MR. HANCOCK: Currently, the Planning Commission, I believe, is scheduled for November 1. MR. BOSI: And November 1, the 2012 cycle which Top Hat Auto would be associated with, is going to the Planning Commission. But that doesn't -- that would -- that wouldn't prevent the Board of County Commissioners from directing staff to -- if that OI determination with -- I spoke with David Weeks. He believes at the end of this week we will be done completing the OI, and we'll make the determination as to whether the Growth Management Plan amendment is even necessary for the Top Hat Auto. But at that time, if it does -- if it is required, at that time the Board of County -- when we bring back the updated resolution that removes our current restrictions, the board would be at their leisure to Page 36 October 9, 2012 be able to direct this second cycle to be able to accommodate the Top Hat Auto and any -- CHAIRMAN COYLE: What is your timing for the growth plan amendment -- your desired timing for the growth plan amendment in the event it is necessary? MR. HANCOCK: In the event it's necessary, it would be triggered within 30 to 60 days of now. CHAIRMAN COYLE: Okay. MR. HANCOCK: And so my request would be at this point -- and maybe we can bifurcate this into two issues. One is that on the next board agenda we ask that you simply take this particular item and place it on a separate cycle, dates to be determined. That would keep us from getting wrapped into the November 1 Planning Commission hearings and then the larger issue which you've asked staff to address, give that a couple more weeks to occur, and that can determine those dates in which this would then come back through, along with any others that may at the time. CHAIRMAN COYLE: Okay. So I would ask the motion maker if we could bifurcate the motion into those two sections. COMMISSIONER HILLER: I will. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: And with respect to the second part of the motion, which is how often we should address this cycle, I think we ought to change the resolution or the law to mirror the statute and say not less than three hearings annually. MR. KLATZKOW: There is no statutory number now. COMMISSIONER HILLER: Right, that's what I'm saying, that we should have a resolution that mirrors that says -- that basically says we can have as many as we want but not less than three a year. MR. HANCOCK: You could include that in your administrative code. COMMISSIONER HILLER: And what we could do is do any Page 37 October 9, 2012 additional one by vote of the board, that if we have a majority vote of the board if a unique situation comes up, that we have the ability to, you know, do it off that cycle of three. But I think six months is too long. I mean, delaying businesses from being able to move forward with what development they need just because we have amendment cycles only twice a year is -- I mean, six months is a long time. But three times a year, you know, you're starting to move into a more reasonable time frame. CHAIRMAN COYLE: Now Commissioner Henning. COMMISSIONER HENNING: Commissioner Hiller, thank you. That was my concern is, you know, the public has a right to address their government. COMMISSIONER HILLER: Right. COMMISSIONER HENNING: And they're doing this and paying a heck of a lot of money doing it. It should be set upon staffs time to review. If they have time to review, just like a land-use change, they should be able to address their elected officials. So that's what I would like to see. I don't want to limit it to any specific cycles. COMMISSIONER HILLER: Right. COMMISSIONER HENNING: There's going to be a lot of cases out there -- hopefully, there will be a lot of cases where we are going to have to take action for the betterment of the community. COMMISSIONER HILLER: Exactly. And should be no less than three, and we should be able to do it as much as is needed, and we can vote on that, whether, you know, something is so pressing that it should be done at the point in time as presented in this case or wait to that next cycle, which might be, you know, four months off. COMMISSIONER HENNING: It's no different than a PUD. COMMISSIONER HILLER: Right, it really isn't. MR. BOSI: And the state statutes, as we've said a number of times, we can make that adjustment to the resolution to have it open Page 38 October 9, 2012 ended, and then the number of cycles that we would process on a yearly basis could be a matter of policy or the direction of the board. COMMISSIONER HILLER: Jeff -- CHAIRMAN COYLE: Well, it seems -- it seems very inefficient to decide in advance how many cycles you're going to have, and then you schedule those cycles without knowing how many are needed. That's the problem. So let's -- let's do what we said we were going to do, which is bifurcate this motion into two motions. One, to set a cycle for -- a separate cycle, date to be determined, for this specific project. Okay. MR. OCHS: Yes, sir. CHAIRMAN COYLE: And then what was the second part of the motion that you wanted? That was pretty much it. COMMISSIONER HILLER: The second part of the motion is -- no. The second part of the motion is to direct staff and the county attorney to come back with a modification to the ordinance or resolution that exists with respect to the timing of these hearings to parallel the statute by giving us the unlimited ability to hear when we want but to consider efficiencies by saying at least no -- at least three, and we're, you know, guaranteed three or more, if needed. CHAIRMAN COYLE: We can debate that when it comes back, so -- COMMISSIONER HILLER: I want to -- I'd like to hear from Bruce. Bruce, you know, you represent so many developers, and you practically know, you know, what makes sense and what doesn't. And I agree with Commissioner Henning. I mean, staff is there to serve the public, and we shouldn't do anything to impede your ability to come forward and present to us. What would you like? I mean, what was -- and the only reason I ask you at this point -- because we're not making a decision. We're asking staff to come back to us with recommendations, but your input would be invaluable. Page 39 October 9, 2012 MR. ANDERSON: I think three is a good number to work with, certainly. Tim asked me to make this point, that most of these will be coming as companion items to PUD amendments. COMMISSIONER HILLER: Which is the point that Commissioner Henning made. MR. ANDERSON: Yes, yes. So when you decide on timing for different ones, it's going to affect the zoning portion as well, not just the comprehensive plan part. COMMISSIONER HILLER: And, actually, you're making me think about a different perspective, and that is if they all come at once, it puts a tremendous burden on staff because all of a sudden you have this cluster of, you know, large issues facing staff at one time; whereas, if they actually are scattered through the year, then you have a more even work flow, and it's less burdensome, because the staff will be able to give, you know, each project its proper attention as opposed to competing with other projects on time. Is that your thought, too, Commissioner Henning? COMMISSIONER HENNING: Yes. I mean -- COMMISSIONER HILLER: So these are just ideas for discussion purposes. CHAIRMAN COYLE: Okay. We've got two motions. One motion is to create a separate cycle date to be determined to hear this project. COMMISSIONER HILLER: Correct. CHAIRMAN COYLE: Okay. The other part of the motion is to have staff come back to the board with recommendations concerning how best to handle Growth Management Plan amendments under the new guidelines, state statutes, and to recommend the resolution of any conflicts between the state statutes and our own regulations here in Collier County. Is that a fair restatement? COMMISSIONER HILLER: Yep, that's a fair restatement. CHAIRMAN COYLE: Okay. Commissioner Fiala? Page 40 October 9, 2012 COMMISSIONER FIALA: Yeah. Well, I haven't had an opportunity to speak at all, so I'm going to just say now, because everybody's done it right, and I'm just -- I'm in total agreement. And I want to say that this looks like what we're wanting to achieve. Number one, business friendly. We're trying to let the business community know we're responsive and, secondly, to encourage economic development. We've done both of that with both of these suggestions. CHAIRMAN COYLE: Okay. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. COMMISSIONER HILLER: Who seconded my motion? COMMISSIONER HENNING: I did. COMMISSIONER HILLER: Did you? Okay, thanks. I just wanted to be sure -- for the record to make sure we had that. CHAIRMAN COYLE: We have a time-certain? MR. OCHS: Yes, sir, you have a time-certain. COMMISSIONER FIALA: Did we vote on the second part of it or -- CHAIRMAN COYLE: It was all together. COMMISSIONER FIALA: Okay. Item #12A RESOLUTION 2012-188: RECOMMENDATION TO ADOPT A Page 41 October 9, 2012 RESOLUTION SETTING FORTH ITS INTENT TO TERMINATE THE EMPLOYMENT AGREEMENT WITH THE EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS — ADOPTED MR. OCHS: This is Item 12A on your agenda. It was previously 16K3. It's a recommendation to adopt a resolution setting forth its intent to terminate the employment agreement with the executive manager to the Board of County Commissioners. CHAIRMAN COYLE: Okay. Commissioner Hiller, you wanted this pulled? COMMISSIONER HILLER: Sure. Now, the reason I wanted this pulled -- I had a very, very nice meeting with the county attorney, Mr. Mitchell, and the head of payroll from the Clerk's Office to address the contract so I could better understand, you know, what was happening and what could be done and, you know, how the severance payment could actually get paid. And I want to share with you a little bit about what was discussed in that meeting so you understand what I know and where we are at this point in time. When Mr. Mitchell presented the executive summary related to his position in his evaluation on Thursday prior to the last board meeting, what the executive summary presented was a request for a raise. And, in fact, what Mr. Mitchell wanted -- and I'm sharing with you exactly what we talked about, and you'll see where I'm going with this. What Mr. Mitchell wanted was for his base pay to be increased from what it was to a different grade, which basically would change his base pay from -- Jeff, can you help me with this? I believe it was -- his current pay is, like, 67,000, and it would raise him to about 83,000. Basically, a $15,000 increase, and he also included his evaluations, which were part of this whole request, and those Page 42 October 9, 2012 evaluations showed that, you know, he had done well, and all of us, the entire board, Commissioner Coletta, Commissioner Henning, Coyle, Fiala, and myself, all gave him, you know, very positive evaluations. Now, I came into the meeting expecting to vote on the approval of his evaluations and, of course, as you know, I had recommended that we defer any decisions about pay raises and contract extensions till the new board was seated, but I had done the evaluation portion because that was due at this time, or at that time, I should say. And while I thought there was going to be some discussion on the part of the other commissioners about this pay raise of 15,000, instead what happened was Mr. Mitchell read a memorandum that said he wanted, in effect, to be terminated and that as part of that termination he also wanted severance. He also said he was able to do his job, and he also recognized that he had received good evaluations, which raised concerns by the county attorney as to whether, as a consequence of what had transpired, the clerk could legally pay what Mr. Mitchell expected to be paid. And just for purposes of the record, there is a debate as to what that payout should be. The Clerk's Office has determined that the payout should be -- the payout in total would be about 75,000. HR, by contrast, has come up with a different number. Their number is about 48,800. So there is a difference in opinion as to what that payout can be. And there still remains a question as to whether that payout can be legally made, but that -- you know, that's an issue that the clerk has to determine, obviously, because he's responsible to, you know, determine that the payment being made is, in fact, legal. And Jeff raised that point in our meeting, and he made it very clear that he felt that the clerk was going to have issues with making this payment and there would be a problem. If Ian resigned, his payout would be about two thousand five -- Page 43 October 9, 2012 somewhere in the neighborhood of about $2,500. If Ian was to leave and it would be part of a settlement agreement, then Florida Statute limits the payout to about six weeks of total pay, which would be significantly less than the 75,000 per the clerk's calculation. And if he was to be terminated for cause, what's the payout, Jeff? Sixty -- MR. KLATZKOW: If he's terminated for cause? COMMISSIONER HILLER: It's six weeks also, right? MR. KLATZKOW: No. If he's terminated for cause, he doesn't get anything. COMMISSIONER HILLER: Okay. So if he's terminated for cause, he gets nothing; if he resigns, he gets about 2,500; if he is terminated with a settlement agreement, it's six weeks; and if he is terminated without cause pursuant to the terms of his contract, he gets about 75,000. So when Ian and I were talking, you know, one of the issues for me, based on the discussion that we had here at the dais, was, you know, what happened between Thursday and Tuesday? Because on Thursday he was asking for a raise, and everything was, you know, great. And then all of a sudden on Tuesday he wanted to be terminated and receive a payout. So I had a very difficult time reconciling those facts in my mind. And, you know, I asked him if it had anything to do with me. And, of course, he was very kind and said, no, Commissioner, you know, we've had a wonderful relationship. And we've had -- we have had a wonderful relationship. Ian and I have had a very positive working relationship the entire time he has been here. And he said, no, it has nothing to do with you, Commissioner. And I said, well, you know, what I'd like to know is why are you doing this. I mean, I couldn't understand why he wanted to resign. And he said, Commissioner, I can't tell you. I cannot tell you. I'm sorry, but I cannot share that information with you. Page 44 October 9, 2012 And I said, wow, that's difficult. And now, earlier on I had spoken to Jeff Klatzkow, our county attorney, prior to that meeting after Ian had made his announcement and we had the discussion we had at the board. And Jeff had indicated to me that he believed he understood why or knew why Ian was doing what he was doing and why things had evolved as they had on the board, but then in that meeting Jeff indicated he also didn't know why Ian was doing what he was doing. And he also reiterated in that meeting that he didn't believe that the clerk would legally be able to pay this money that was being contemplated. And also, just so you know, it was made clear, while Ian at one point did say he wanted to treat this as a settlement, Jeff reminded him, you know, this -- if you have a settlement, you're not going to get the full money, you're only going to get six weeks, to which he responded, well, then that's not what I want. So it, you know, went back to the full amount but, again, you know, with that caveat that the clerk would have a problem with it. So I am in a really difficult position because I don't know. Now, one other thing I will say that happened in that meeting is I was told both by Jeff and by Ian that something was going to happen on Friday, and neither one of them would tell me what was going to happen on Friday. So whatever was supposed to happen on Friday, on Monday Jeff told me did not happen but was going to happen, and then they tried to suggest that somehow it wasn't related to this termination, but in the context of bringing it up in this meeting, it started to sound to me like it had a lot to do with this termination or resignation or whatever it is, because right now I really don't know what we're talking about. And, quite frankly, I'm being kept in the dark. And so it's very difficult for me to approve something when I don't know what is going on. And I have been told that I will not be told. Page 45 October 9, 2012 So while I am a commissioner and a member of this board, I don't know what's going on, and there are others who do know what's going on. And I'm going to ask the board. I mean, Commissioner Henning, do you know what's going on? Do you know why Ian is doing what he's doing, and can you explain to me what's happening here? COMMISSIONER HENNING: I feel like a mushroom. COMMISSIONER HILLER: You feel like a mushroom? COMMISSIONER HENNING: Hidden in the dark and fed compost. COMMISSIONER HILLER: Now, that's a notable quotable. Okay. How about you? I mean, I take that as a -- you don't know either? COMMISSIONER HENNING: No, I have no idea. COMMISSIONER HILLER: Okay. COMMISSIONER HENNING: I asked for something in writing and -- COMMISSIONER HILLER: You don't, okay. COMMISSIONER HENNING: -- didn't receive it. COMMISSIONER HILLER: Commissioner Fiala? COMMISSIONER FIALA: I learned more today than I knew when I walked into the meeting today. I have no idea. In fact, I was terribly surprised when he first announced it. COMMISSIONER HILLER: Right. I agree with you. I was too. COMMISSIONER FIALA: So I was just taking him at his word. I don't know anything else. COMMISSIONER HILLER: Right, right. How about you, Commissioner Coyle, do you know why he's -- what's going on? CHAIRMAN COYLE: I think he explained that at the last board meeting. Page 46 October 9, 2012 COMMISSIONER HILLER: No. He made it clear that was not the reason. He said that there was something that happened, and he made the comment that 10 minutes can make a difference. So it -- it isn't as you represented or as you portrayed, and I think we really need to understand. CHAIRMAN COYLE: Wait a minute. COMMISSIONER HILLER: How about you -- Commissioner Coletta, how about you? CHAIRMAN COYLE: Wait a minute, wait a minute. It wasn't as what I portrayed. What did I portray? COMMISSIONER HILLER: Well, the record speaks for itself. We don't have to repeat -- COMMISSIONER FIALA: I'd like to know. CHAIRMAN COYLE: No. What did I portray? COMMISSIONER HILLER: Oh, that's okay. We'll -- let me just continue. Commissioner Coletta, did you -- did you -- do you know what's going on? Do you know why Ian is doing what he's doing? I mean, are you aware of it, or are you in as much of the dark as I am? COMMISSIONER COLETTA: Well, I think it's pretty obvious. He explained it to us at the last meeting, and it's been evident for some time. The pressure on him and different members of staff has been inexcusable. He just got to the point where he can't take it anymore, and I think he's been pushed past the limits. And I do think we should agree to his termination. COMMISSIONER HILLER: Well, you know, Commissioner Coletta, thank you for your words; however, that is not what he told me, the county attorney, or the head of operations and payroll for the Clerk's Office. I mean, he made it very clear that he could not tell us what was going on and why he did what he did, but he had reasons that he could not disclose to us. Page 47 October 9, 2012 So I think it's really important that we know what is going on. And, Ian, I would be very grateful to you if you could -- I mean, if you want to, talk to the county attorney, I mean, if this is something we need to discuss. I mean, I was -- you know, I was -- I didn't even want to bring this forward today because I was hoping that, you know, you and the county attorney could continue talking and that somehow, you know, whatever the specific issue is that occurred between Thursday and Monday or, sorry, Thursday and Tuesday could be addressed and somehow resolved because, obviously, there was a material change between those two days. So you know, as you know, I -- MR. MITCHELL: Commissioner -- COMMISSIONER HILLER: -- want the right thing to happen -- MR. MITCHELL: Commissioner -- COMMISSIONER HILLER: -- and I want to work with you that MR. MITCHELL: -- I made a statement -- COMMISSIONER HILLER: -- but I need to know what's going on. MR. MITCHELL: at the last board meeting. Would you like me to read it out again? COMMISSIONER HILLER: If you want to. MR. MITCHELL: And the thing about it is you -- I was going to have a meeting with you, and then I found when you called the meeting, you'd invited the county attorney. When I turned up at the meeting, not only had you invited the county attorney, but you'd brought a Manager from the Clerk's Department. COMMISSIONER HILLER: The payroll Manager. MR. MITCHELL: The Payroll Manager. COMMISSIONER HILLER: To address the contract, absolutely. MR. MITCHELL: But the thing about it is, that -- to ambush me Page 48 October 9, 2012 COMMISSIONER HILLER: Oh, it wasn't an ambush. We were there to help. MR. MITCHELL: Oh, it was absolutely an ambush. COMMISSIONER HILLER: No, not at all. MR. MITCHELL: It was absolutely an ambush. It gave me no professional courtesy. You called me into a meeting. I turned up at the meeting and was surprised to find the meeting constituted people that I had no idea were going to be there, and the subject was not going to be what it was. COMMISSIONER HILLER: Oh, no. MR. MITCHELL: Now, we can debate this all the time, but there's a clause in my contract that says that if the board, by three votes, decides to terminate my contract, it can do so. And I would also like to remind you that you, yourself, have taken advantage of that proviso in my contract, because we terminated -- we terminated Commissioner Halas' aide without cause because that is what was written into my contract, the ability of commissioners to do that individually with their aides. And so you've taken advantage of that. COMMISSIONER HILLER: But -- hang on a second. Let's just take one thing at a time. First of all, you did know that the purpose of the meeting was to discuss your contract, and you did know Jeff was going to be there because -- MR. MITCHELL: I knew Jeff was going to be there, but -- COMMISSIONER HILLER: -- you had emails. And the reason that the clerk's representative was there was because Jeff told me that the clerk was going to have a problem paying it; and I wanted, as you know -- and by the way, you know, Jeff and Robin can clearly describe it, it was no ambush. It was very positive, and the whole purpose of the meeting was to try to figure out how this could be done legally. Page 49 October 9, 2012 MR. MITCHELL: And I think the county attorney said to you that if we went through the proceedings today, then there's two weeks before it's enacted on the 23 -- on the 23rd of October, and suggested to you that we could go through whatever procedures you wanted, and COMMISSIONER HILLER: No. No, in fact -- MR. MITCHELL: And, Commissioner Coyle -- I'm sorry, Commissioner Coyle. I'm not -- this is -- this is just more of the same. COMMISSIONER HILLER: Jeff, can you share -- CHAIRMAN COYLE: I think we all have a pretty good idea of what's been happening here, so -- COMMISSIONER HILLER: This is -- CHAIRMAN COYLE: -- we have a motion. COMMISSIONER HILLER: We don't have a motion. COMMISSIONER HENNING: We do? CHAIRMAN COYLE: Okay. We don't have a motion. COMMISSIONER HILLER: We don't have a motion. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Motion to approve what? COMMISSIONER COLETTA: Motion to approve the executive summary as written -- CHAIRMAN COYLE: Item -- COMMISSIONER COLETTA: -- for Mr. Mitchell's termination. COMMISSIONER FIALA: Second the motion for discussion. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Commissioner Coletta, your motion is to find cause based upon what Ian said at the last meeting? COMMISSIONER COLETTA: My motion is to follow the executive summary as it's outlined as far as the termination of Mr. Mitchell. COMMISSIONER HENNING: And the termination is based Page 50 October 9, 2012 upon what Mr. Mitchell said at the last meeting? COMMISSIONER COLETTA: It's based upon the executive summary just as it is. And I'm sorry, I'm trying to find it now on my computer so I could read it to you. Give me a minute, and I'm sure I'll find it. CHAIRMAN COYLE: It doesn't specify any cause. Right, County Attorney? MR. KLATZKOW: It requires a legislative finding that Mr. Mitchell remains willing and able to perform the duties of executive manager. CHAIRMAN COYLE: Yeah. That's all. COMMISSIONER HENNING: I mean, I just want to know why -- what the -- my colleagues are thinking. Commissioner Coletta made a motion, and I -- COMMISSIONER FIALA: I seconded it for discussion, Commissioner Henning -- COMMISSIONER HENNING: Right. COMMISSIONER FIALA: -- but my question is -- I've got my button on anyway, so I'll -- it's, in part, answer to what you said. I wanted to discuss it because we don't really know -- from what Commissioner Hiller has brought up, we don't even know what amount we're talking about. I was waiting to here -- CHAIRMAN COYLE: Well, you're not going to determine that today, anyway. COMMISSIONER FIALA: Well, okay. Clerk said, you know, almost twice as much as what our HR said. And, you know, I -- that doesn't sit really well. Six months wouldn't be at all that much, and I don't know where that's coming from. So I think we need to -- that's why I was asking Commissioner -- Commissioner Coletta to, you know, be more succinct in his motion, because I'd really like to know exactly what this motion constitutes, and that's why I seconded it for discussion. Page 51 October 9, 2012 MR. KLATZKOW: My understanding is that the motion is to adopt the resolution. No more than that. COMMISSIONER FIALA: Just to adopt the resolution. COMMISSIONER HILLER: Can you read the resolution for the record? COMMISSIONER HENNING: And what's the findings? MR. KLATZKOW: Findings is that although Mr. Mitchell has indicated that he remains willing and able to perform the duties of the executive manager to the Board of County Commissioners, it is the feeling of the board that it no longer wishes to employ the service of Mr. Mitchell and, accordingly, the Board hereby states its intent to terminate the employment agreement as Executive Manager. COMMISSIONER HILLER: Could you read the whole resolution, please? MR. KLATZKOW: It might be easier for everybody if I just put it on the monitor. COMMISSIONER HILLER: I want to make sure everyone hears it. I want it in the record. MR. KLATZKOW: Okay. A resolution of the Board of County Commissioners of Collier County, Florida, setting forth its intent to terminate the employment agreement with executive manager to the Board of County Commissioners. Whereas, on May 25, 2010, the Board of County Commissioners, board, entered into an "Executive Manager to the Board of County Commissioners Employment Agreement" with Ian Mitchell, a copy of which is attached hereto; and, Whereas, Section 6 of the employment agreement entitled "Termination in Severance Pay" requires the following two-part process in order for the board to terminate the employment agreement. In the event the county desires to terminate employee during such time that employee is willing and able to perform the duties of executive manager to the Board of County Commissioners, county Page 52 October 9, 2012 may do so only in the following manner: One, a resolution of intent to terminate employee shall be adopted by an affirmative vote of three-fifths majority of the entire membership of the board only if the said resolution is placed on the agenda of a regularly scheduled board meeting and where said agenda item has been included as part of the published agenda for the board meeting, which is what we're doing today. Two, upon adoption of a resolution of intent to terminate employee, the board may consider the adoption of a resolution to terminate employee at a regularly scheduled meeting of the board not less than 14 days thereafter. The resolution terminating employee shall require an affirmative vote of three-fifths majority of the entire membership of the board for adoption. In the event of termination, such termination shall be effective at such time and upon such conditions as may be set by the board in the resolution entitled "Terminating Employee." And, whereas, although Mr. Mitchell has indicated that he remains willing and able to perform the duties of executive manager to the Board of County Commissioners, it is the feeling of the board that it no longer wishes to employ the services of Mr. Mitchell and, accordingly, the board hereby states its intent to terminate the employment agreement with the executive manager. Now, therefore, be it resolved by the Board of County Commissioners of Collier County, Florida, that notice is hereby given of its intent to terminate the executive manager of the Board of County Commissioners employment agreement with Ian Mitchell. The county attorney's hereby directed to prepare and bring to the board at its next regular meeting a resolution to terminate Mr. Mitchell. This resolution is adopted after motion and second, majority vote favoring same, this 9th day of October, 2010 -- 2012. COMMISSIONER HILLER: Thank you. Well, may I? I mean, I, for one -- you know, Ian got great Page 53 October 9, 2012 evaluations. Ian was asking for a raise. I personally have always had a very positive working relationship with Ian, as he has admitted, and I -- I can't recommend termination for someone who has good evaluations across the board and who has said he is able to do his job. I mean, I just -- I don't see how I can do that. And you know -- MR. MITCHELL: But, Commissioner, that's exactly what you did when you became a commissioner and you did not want Commissioner Halas' aide. COMMISSIONER HILLER: No. Actually, that's not quite the case. MR. MITCHELL: I think that's exactly the case. COMMISSIONER HILLER: No, it isn't. Commissioner Halas' aide was not able to perform. When I started, the first thing she did is she took vacation for I don't know how many weeks, and she came back for a couple days and announced that she was going to go on vacation again for a certain number of days or weeks, which you were approving. So, actually, when I started I was left without an aide. In the short time that she was there, she didn't demonstrate the skill sets necessary for the position, although she was, like, a really nice person. And so, as I consequence, on your recommendation, we went ahead and we advertised for a new person. And she actually was not terminated. She was moved to the switchboard, and she worked on the switchboard for quite some time before she left. And -- COMMISSIONER HENNING: Commissioner Coyle? COMMISSIONER HILLER: -- that's all documented. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Yeah, thank you. I -- I don't agree with the resolution because I don't want to terminate Mr. Mitchell. Where it says the board wishes -- no longer wishes to employ the services of Mr. Mitchell, I don't agree with that. Page 54 October 9, 2012 COMMISSIONER HILLER: I don't either. COMMISSIONER HENNING: I -- if there was -- that's why I was trying to look for a cause by the motion maker. COMMISSIONER HILLER: Well -- COMMISSIONER HENNING: He wants -- he wants to terminate the employment of Ian Mitchell and his services. So I can't support that; I'm sorry. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: There's no cause. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. This does not say -- now, we didn't approve -- we didn't approve a raise or anything at that meeting, so he would still be terminated at the salary he's at right now. And I think that -- you know, I think he's been under an extreme amount of pressure, and I know that that -- and there's been a lot of tension -- tension in our office, and possibly it's taken its toll on him. And maybe that's one reason. He hasn't really stated -- you had said something about something happening on a Friday or -- I don't know who was -- COMMISSIONER HILLER: Well, he was -- he and Jeff, in that meeting, both said something is going to happen Friday. I had the meeting with them on Thursday. And it was really to try to work this out. I mean, we were trying to -- MR. KLATZKOW: Commissioners, you have a personnel issue pending in your office with one of your aides. Mr. Mitchell has told me that that has nothing to do with his decision today; is that correct? MR. MITCHELL: Correct. MR. KLATZKOW: So I really don't want to talk about a personnel issue with one of your aides when it has -- when Mr. Mitchell is saying it has nothing to do with this item. COMMISSIONER HILLER: Well, it's interesting you say that, because when I brought up this -- or when you brought the issue up in Page 55 October 9, 2012 our -- my meeting, you made it very clear that you couldn't tell me, you know, what was going to happen on Friday. So now we know it's a personnel issue related to an aide. Now, I will say this, Commissioner Fiala, you know, what you're talking about, the office. That office has had enormous problems for years. It was under the county manager's control going back years. Big problems with that. That was when Sue Filson was made the office manager, and it was separated from the county manager because Mr. Mudd was very happy to get rid of the problems. Then there were huge problems under Sue Filson. There was tremendous, tremendous turnover, you know. And then Sue -- there were problems, and Sue Filson -- I don't know what happened to her -- I don't know if she was terminated or what happened there. But there was a, you know, major problem there. And then in 2010, Ian was brought in to replace Sue Filson because of all the problems with the management and the turnover of that office, and -- well, you know, we can look to the time that he was there and see what happened. Now you're telling us that there are further problems with an aide and some termination issue with respect to some aide so, obviously, there are further problems. So I think -- one of the things I have done is I asked Jeff and I told Ian, I said, one of the things I would like to do is look through the personnel files of the aides for the current term that Ian has held, from 2010 to the present, to see, I mean, you know, is there an issue there? I mean, you talk about cause, Commissioner Henning. I mean, maybe there is a cause issue there. There is a cause issue under the contract; there is a provision under the contract that provides -- do you have that provision, Jeff? Do you want to read the cause provision, the reasons for termination for cause? Which also allows for pay, if you will, but not -- you know, it would be six month's pay as opposed to -- MR. KLATZKOW: No. You can terminate him for cause. Page 56 October 9, 2012 COMMISSIONER HILLER: What are the reasons? MR. KLATZKOW: He's convicted of a felony, of any crime involving moral turpitude or dishonesty, he's using illegal drugs, or he commits any act or acts that harms the county's reputation, standing, or credibility with the community. If you terminate there, other than what he's accrued, he's entitled to nothing. COMMISSIONER HILLER: So, I mean, possibly C would be a reason for cause. I mean -- but that would give him compensation, right? MR. KLATZKOW: No. He only gets compensation if he's terminated by you without cause. COMMISSIONER HILLER: Can you read C again? MR. KLATZKOW: Employee commits any act or acts that harm the county's reputation, standing, or credibility within the community. COMMISSIONER HILLER: Thank you. Which I believe he did when he read that statement, but that's an aside. CHAIRMAN COYLE: Okay. I think we need to wrap_this up. But I think since we've apparently taken a lot of time trying to tell the public what each of our opinions are, I think I'll take a moment to tell you what my opinion is. This job, by the way, is probably the toughest job in Collier County where an office manager, Mr. Ian, Mr. Ian Mitchell, is responsible for managing employees who are aides to commissioners. He doesn't really have charge over them. He's told who to hire; he's told who to fire. If he inappropriately evaluates an aide, the commissioner jumps all over him. If anything goes wrong in the office, the commissioner is holding that person responsible. There's nothing tougher than trying to supervise an office under those circumstances. And it doesn't make any difference who you put in charge. The concept is simply bad, because if you have one commissioner telling an office manager to do one thing that might be Page 57 October 9, 2012 politically motivated, by the way, other commissioners are going to get upset and angry about that, and they're going to say, why did you do that? It's constant. The manager feels like a ping-pong ball, quite frankly. And the termination process gives us an opportunity to resolve this particular issue once and for all. We should -- and I hope we will -- set up administrative offices individually for the commissioner. That doesn't mean more offices or more aides or more staff. But our legislative representatives here in this building have an office, and they have an aide. There is no one manager that supervises all of those aides for our legislators. Can you imagine what a mess that would be? So I'm hopeful that we will go to that model, and we will have one aide per commissioner, and we will not have a need for a receptionist for the entire office. We probably would save office space and costs. We wouldn't need a manager, and we would better control issues such as the Sunshine Law so that when you don't have -- we're all in the same offices back here. When people talk, you can overhear things. Shouldn't be the case. So if we move to individual offices and individual aides, we eliminate many of the problems that have plagued managers of this office for years and years and years. But I'd like to close by saying to you that never have I seen the service to constituents adversely impacted by any problems that happened to occur in this office. This office, in my opinion, has worked very efficiently, and my aides have always been highly appreciated, they've always done a good job, and I have no complaints about Mr. Mitchell's management of the office, nor do I have any complaints about Ms. Filson's management of the office. But, bottom line, they were both forced out by unhappy commissioners who just badgered them to death, and they just said, that's it. That's enough. Page 58 October 9, 2012 COMMISSIONER HILLER: Who were those commissioners? CHAIRMAN COYLE: You and Commissioner Henning. COMMISSIONER HILLER: Oh, no, I'm sorry. That's not true. That is completely false. In fact, very much the opposite. Mr. Mitchell -- I can't speak for Commissioner Henning. Mr. Mitchell and I have had a very positive relationship, and I, under no circumstances, have -- in fact, I ask him for virtually nothing. I barely even have dealt with him because I'm always either out in the field or visiting with constituents who live in the north end at the north office. So I'm sorry, you're completely wrong, and your statement is false. Now, I will say if you feel that certain commissioners have badgered him, you need to state whom, and it certainly isn't me, and that is a fact. So you need to -- CHAIRMAN COYLE: Well, you have an amazing ability to misrepresent the facts, but nevertheless. COMMISSIONER HILLER: No, I'm sorry. That's not true. CHAIRMAN COYLE: We've heard your excuse. That's enough. COMMISSIONER HILLER: I'm sorry. You have an amazing ability to misrepresent the facts. CHAIRMAN COYLE: Commissioner Henning, go ahead. Go ahead, Commissioner Henning, your turn. COMMISSIONER HENNING: Ian, is -- what Commissioner Coyle is stating is true? You feel that I'm badgering you? MR. MITCHELL: Sir, I'm not prepared to answer. COMMISSIONER HENNING: Well, that's an admission that it's true then. You know, I -- I don't ask Ian Mitchell for anything, Commissioner Coyle. And if you have any evidence of that, you should lay it out. That is a -- just a statement -- CHAIRMAN COYLE: You don't want me to go through the evidence, Commissioner Henning. COMMISSIONER HENNING: Yeah, I do. Page 59 October 9, 2012 CHAIRMAN COYLE: You do not, because I wasn't talking about commissioner -- Mr. Mitchell. I was talking about Sue Filson, okay. We talked about two people. COMMISSIONER HENNING: Sue Filson's not on the agenda. CHAIRMAN COYLE: Don't evade the issue. COMMISSIONER HILLER: And I have -- CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: So now you're just saying that Ian Mitchell's decision has to do with me? CHAIRMAN COYLE: That's my belief. COMMISSIONER HILLER: No, it's not true. It's completely false. In fact, Mr. Mitchell made it very clear, not once but repeatedly, in my discussions with him with the county attorney and with the head of operations for the clerk that it had absolutely nothing to do about me. In fact, we've had -- and he confirmed and admitted that we've had a very positive relationship. I happen to really like Mr. Mitchell, Commissioner Coyle, and I gave him a really good evaluation because I thought he deserved it. And I was prepared to consider whatever his request was with regards to pay when the new board was seated. Now, you turned around and you made stuff up and circulated stuff, but it was completely false. And you're making false statements again. You can have your opinion, but you are wrong. CHAIRMAN COYLE: I think your evaluation of him was probably the lowest of any of the commissioners. COMMISSIONER HILLER: No, it wasn't. I rated everybody the same way. CHAIRMAN COYLE: I've got it right here. COMMISSIONER HILLER: Right. And I rated everybody the same, one, two, three, so everybody was comparable. I gave him nothing but twos and threes. In fact, of all the evaluations I gave, I gave him the highest and shared that with him. Page 60 October 9, 2012 CHAIRMAN COYLE: And if you will look at the page -- COMMISSIONER HILLER: In fact, my evaluation was -- CHAIRMAN COYLE: Commissioner Hiller, you've talked about a lot of things that haven't been substantiated. COMMISSIONER HILLER: My evaluation -- CHAIRMAN COYLE: I've got the evaluation, okay. COMMISSIONER HILLER: My evaluation was higher than Fiala's. CHAIRMAN COYLE: And what you have done is totally misrepresented what you've done. COMMISSIONER HILLER: No, not at all. CHAIRMAN COYLE: So it's right here in the record. COMMISSIONER HILLER: Well, it's in the record, and I put it on the record. My evaluation was even better than Commissioner Fiala's. And like I said, I totaled it based on -- CHAIRMAN COYLE: No, it wasn't. COMMISSIONER HILLER: -- one, two, three. CHAIRMAN COYLE: No, it wasn't. Commissioner Fiala knows it, I know it, and anybody who looks at the record will know it. COMMISSIONER HILLER: Same way I evaluated -- CHAIRMAN COYLE: But in any event, all in favor -- COMMISSIONER HILLER: Commissioner (sic) Klatzkow -- Mr. Klatzkow. CHAIRMAN COYLE: -- 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. Page 61 October 9, 2012 And we'll take a 10-minute break for the court reporter. (A brief recess was had.) MR. SHEFFIELD: Chairman, you have a live mike. MR. MITCHELL: Commissioner Coletta, are you still with us? COMMISSIONER COLETTA: I'm still with you. Thank you for asking. MR. MITCHELL: Thank you, sir. CHAIRMAN COYLE: Okay. We have a quorum. COMMISSIONER FIALA: Who is it? There's just you and me, babe. Oh, him too. CHAIRMAN COYLE: Commissioner Coletta and Commissioner Henning -- Hiller is here. COMMISSIONER FIALA: Okay. Item #7A PUBLIC COMMENTS ON GENERAL TOPICS MR. OCHS: Mr. Chairman that will take you to Item 7 on your agenda, public comments on general topics. CHAIRMAN COYLE: Okay. MR. OCHS: Mr. Mitchell? MR. MITCHELL: I'm sorry? CHAIRMAN COYLE: How many public speakers do we have? MR. MITCHELL: Sir, we have two. The first one is Bob Krasowski. COMMISSIONER HENNING: You dressed up for us today. MR. KRASOWSKI: Let me start. Does the overhead work? MR. OCHS: Yes, sir. Do you want to use the portable mike, make it easier? MR. KRASOWSKI: Yeah, here's the portable. That might work better. Just switch it on. Page 62 October 9, 2012 Good morning, Commissioners. CHAIRMAN COYLE: Good morning. MR. KRASOWSKI: Nice to see you again. I'm here to -- my name is Bob Krasowski, for the record. I'm here to share some documents with you and some material I found that I've been -- come across in my search to better understand the beach nourishment program and also to help for me to understand our joint understanding of this. So I have some friendly comments to make. And I've labeled these pages I'm going to put on the overview, so at the end of my presentation if you want to revert back and ask some questions, it will be easy to do that. So here we have -- that way, okay -- is the cover page for the application for joint funding -- for funding contribution from the state on our beach renourishment program. Now, this was submitted September 18th to meet a deadline and could have been shown to you at your last meeting on the 23rd but just was brought up, I believe, yesterday or the day before it was sent out to you. What I find important here -- and this circle, the part I have circled, is the criteria of material that's supposed to be included in the application. Then right on Page No. 2 here, you can see that the identification of the volume of sand -- originally, the total volume that you approved, 421,000 cubic yards, down at the bottom of this, the consultant says they might be looking for as much as 515,000 cubic yards. I think these guys are becoming a loose missile and kind of pursuing their own agenda and not respecting the limits you put on them. Here's a map they provided to the DEP, and that's not a very good map. But look here at the next page, Page 4. The map that they submitted with this application is the old map. This doesn't show the places where they're not going to renourish, you know, those spots Page 63 October 9, 2012 where it was unnecessary. So what are -- I mean, we're paying these people good money, I remember, and I'm surprised they don't have current information that actually relates to what they've presented to you as far as being the parameters of the project. Over here an issue Commissioner Hiller brought up at the last meeting is the cost analysis. And you can see in this column here there's a federal cost of $5 million. Now, where's that -- where's that coming from, going to, and then the shared state cost and then -- excuse me -- our local costs. Of particular interest, the federal money -- I heard a pretty important person say the other day that he was not going to be borrowing and paying for things with federal money that required us borrowing that money from China, and this, to me, might be related to that, being that we really don't need the five million, you know. So you understand where I'm getting at there. We have to be frugal, the economy, and all of that. I have a couple of more pages. This here is an email that was distributed by Mr. Ian (sic) that mentions that he -- it was asked by Bill Lorenz to provide you with that document because it was important that you see it. Now, this is after they've submitted it, and it has all that material that's contrary to what you directed in it. And it says here -- I have it underlined -- that the DEP had notified the county that their applications are sufficient. But here are the applications I downloaded yesterday. I'll go to the first one which is sufficient, the Marco Island project, although down on the bottom you can see under supportive documents, under regional coordination -- excuse me just for a second. I have a couple more pages -- that the note on the bottom there is that the interlocal agreement is a draft. The document must be signed prior to acceptance. The bureau needs to determine whether projects as far apart as Marco -- or Collier County and Long Boat Key can be regionalized. And that's where you Page 64 October 9, 2012 get points, and that's where you get money, and -- you get points for regionalizing projects, which is something they've been trying to do. On this next exhibit, this is the government funding request efficiency checklist for the Naples Beach, and this is deficient. It's not -- it's not sufficient. It's efficient, still, as of yesterday. And the problems here are there was a note -- not a problem, but a note, please submit maps in larger scale. And I would suggest when they do submit the maps in large scale, that they're accurate maps that coincide with what you approved. And then the -- on the bottom here it says, please provide a signed and executed interlocal agreement indicating the dedication of Long Boat Key and Collier County to construct a regional project. So that interlocal agreement has to be part of the application to participate for the shared funding. I think the best laid plans of mice and men often go astray, right? So this 10-year plan/option that we were considering at one point was a good idea, but it should have been held off till the next cycle, because it really threw our permitting applications way off. And here's evidence, though. An article from August 12, 2011, that shows that the City of Naples and Mr. Sorey were anxious to do the collaborative work before we lost a lot of that money. But it gives you some of the motivation for their pursuing that, you know, and there's a lot more that can be said about that. One other -- another thing, the biological opinion, that you've been told gives license to the county to renourish year-round, has qualifications in it, and the Army Corps of Engineers' number one position in regard to that is that turtle nesting season be avoided to the maximum practicable, and you have that document. I think what we have here is a failure to communicate, between your beach renourishment advocates and what you're trying to move towards. And it's really frustrating in the greater sense to pinning Page 65 October 9, 2012 down what we're actually going to do. And I guess -- I guess that's it. I still have the request that the April 1st to June 1st period of turtle nesting season be removed from our options. But, you know, we really -- we had a workshop on all this, and it didn't have, like, biologists coming up and explaining the different values of doing it here, there, or where and when, and that will have to go to another time, because I'm kind of out of time and appreciate the -- CHAIRMAN COYLE: You're way, way, way over time. MR. KRASOWSKI: Way out of time. CHAIRMAN COYLE: Way out of time. MR. KRASOWSKI: Well, I said friendly, so I thought that would buy me something. CHAIRMAN COYLE: Next time you speak you're going to have to come up there and be silent for four minutes 50 seconds. MR. KRASOWSKI: Well, I appreciate that. I'll try. CHAIRMAN COYLE: Okay. All right. MR. MITCHELL: Sir, your next speaker is -- COMMISSIONER HILLER: One second. I'd like to address some of the comments that were made. CHAIRMAN COYLE: Oh, go ahead. COMMISSIONER HILLER: Thank you. Thank you so much for bringing the information forward. You know, I did finally receive a copy of what Coastal Planning and Engineering submitted to the state, and I believe it was, like, October 8th that we got the email when these attachments were included. They were submitted to the state September the 18th, and we adopted a resolution prior to that, and it was with the caveat and the promise on the part of Mr. McAlpin that these would be presented to the board, because we adopted a resolution without seeing the budget, the resolution that we accepted the budget, as staff was intending to present, with the understanding that we would get to see it, obviously, Page 66 October 9, 2012 before it was submitted. Now, on September the 17th, I had a meeting with Mr. McAlpin, with Mr. Klatzkow, and Mr. Casalanguida the day before these documents were submitted to the state. And the purpose of the meeting was to discuss the beach renourishment budget and the change in design from the 10-year template to the six-year template. And during the course of that meeting, I reviewed the budget, and I have since looked at what was submitted to the state in comparison, and they're not the same. And that was the day before. Now, obviously, staff didn't prepare this document within 24 hours, okay, from the time of the meeting. During the course of that meeting, also I asked about partnerships, and I wanted to know who we were going to be pairing with. And I mentioned Captiva, and the staff looked at me like I was talking about China and couldn't understand how I knew about Captiva, and I said that I had seen, actually, the same website that you saw. They never mentioned Long Boat Key. They never mentioned that this was going to be submitted the next day. And, again, they showed me a budget that was very different. I actually found out about this after it was posted to the state website and it became publicly available for everyone to see. And I also question that $5 million in federal funding, because they already knew at that time that, you know, we had that issue with the de-obligation, that $11 million de-obligation. So I had very serious concerns. I mean, I have very serious concerns as to why, Leo, you didn't give me this in that meeting. I'm very concerned, Nick, why you didn't give it to me. I'm very concerned, Mark Isackson, why he didn't give it to me. I mean, they -- and, by the way, I'm sorry. I meant Mark Isackson was in the meeting with me. It was Leo, Nick, and Mark Isackson, again, to go over the budget. Page 67 October 9, 2012 So my concern about this $11 million de-obligation continued to grow, and it -- at the last meeting you may recall that the staff presented -- Mr. McAlpin came to the board, disclosed that the de-obligation had occurred, there was a gentleman from the state. And there was a request made that we appeal it, and the decision was made by the board that we would appeal it. Is that correct, Jeff? So we're in the process of appealing that? MR. KLATZKOW: Staff is in the process of working with the state is my understanding. COMMISSIONER HILLER: To appeal -- to basically challenge FEMA's decision; isn't that correct, Bill? MR. LORENZ: (Nods head.) COMMISSIONER HILLER: Right. You want to come up and tell us a little bit about that? MR. KRASOWSKI: While Bill's coming up, I'd mention that in this document I was referring to at first, there's quite a bit of information about Long Boat Key. COMMISSIONER HILLER: Okay. Yeah, and -- yeah, absolutely there is, and that was the first I ever heard of Long Boat Key, which was after that meeting. And what I don't understand is, how did staff submit a budget, you know, on the 18th when I met with them on the 17th? And when I was talking about partnerships, Long Boat Key wasn't even mentioned, wasn't even brought up. And when I asked about Captiva, they looked at me like -- you know, as if I was talking about some unknown fictional place. So, Bill, tell me about the de-obligation. MR. LORENZ: Yes. For the record, Bill Lorenz, natural resources director. Staff is in the process of working with the state officials to provide that appeal. That appeal is due the 10th, tomorrow. We have -- our consultant prepared very specific technical information that we presented -- that we prepared -- we sent to the state so they would use Page 68 October 9, 2012 in their appeal so we would meet that appeal deadline of the 10th. COMMISSIONER HILLER: Great. And that's the first appeal? MR. LORENZ: Well, this is where I started -- some questions. I believe this is the second appeal. Is it the first -- it's the first appeal. COMMISSIONER HILLER: Actually, let me help you. MR. LORENZ: It's the first appeal. COMMISSIONER HILLER: It's what? MR. LORENZ: It's the first appeal. COMMISSIONER HILLER: It's the first appeal. Let me help you. It's the third appeal, okay? It's the third appeal. And I have it all here. And, in fact, FEMA has denied two appeals to Collier County, and Collier County has known for months and months and months. And I can't see how far back, but I know that at least going back into -- I know that at least going back to 2010 the county was already appealing this and had already been notified by FEMA. In fact, I'm looking at a letter here from FEMA which talks about -- this letter is in response to a January 24, 2011, appeal from your office, transmitted -- which transmitted the referenced second appeal on behalf of the Collier County Public Services Division, the applicant. And at that point in time they were talking about $9 million as the de-obligation. And here's what's really concerning. The county has known for what now seems to be at least two years based on the documentation I have here that this de-obligation was occurring. Now, the county also knew that FDEP had made clear to them back in 2006 that we wouldn't be able to do the 10-year design because it would encroach on the hard bottom and, yet, there was this long debate and discussion about doing the 10-year design this time around and, yet, you knew that -- and I don't mean you, because you've only recently been involved, but the general staff -- you knew, Leo, that that was going to be an issue because of the encroachment Page 69 October 9, 2012 on the hard bottom. But, more importantly, even if there was some way to deal with that by different sand -- because I talked to the engineers, and they were going to come up with some alternative, although that was never presented, nor was it ever disclosed that the state was in opposition to it from back in 2006. COMMISSIONER FIALA: Excuse me. COMMISSIONER HILLER: I want to mention this. COMMISSIONER FIALA: Could I just interrupt. You know, none of us know what's going on here. Bob Krasowski came up and just gave a public petition. COMMISSIONER HILLER: Yeah. COMMISSIONER FIALA: Can we bring this back so we all get some information to look at -- COMMISSIONER HILLER: I would really -- COMMISSIONER FIALA: -- because I don't have anything to look at. COMMISSIONER HILLER: And you know what? Absolutely, and here's why, because meeting after meeting where evidence should have been brought forward where the county knew about this de-obligation, I just found out about it. COMMISSIONER FIALA: Well, let's bring this back rather than just keep badgering away at this. COMMISSIONER HILLER: Found out that you had -- COMMISSIONER FIALA: Let's get us all some information so we have something to look at. COMMISSIONER HILLER: And when I say I just found out about it, I just found out that you-all knew about it for the past two years. And we are on our third appeal, not our first appeal. And notwithstanding this issue about coming forward and debating a 10-year design and a $34 million budget, all impossible. Just like the representation of $5 million in federal funds to the state is not true. Page 70 October 9, 2012 This is really concerning. I'm going to introduce what I have here, what I read, into the record. I'll make a copy, and I'm going to give it to all of you on the board because, you know, Leo, I want a real explanation for what's going on here. And not now. I agree with Commissioner Fiala. She's absolutely right. I bring this out because I just learned of this. I did not know what you were going to talk about. I did know you were going to talk about beach-related issues. I didn't know, specifically, all the points you were going to address. I just got this, and I can't believe what I'm reading. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: Now, one last question I have. How does this affect the disclosures to the clerk of courts and the financial disclosures with respect to contingent liabilities? And I want to know if the clerk was aware of this. Because, you know, we're talking about a very large amount of money here, you know, between 9 and 11 million dollars, and whether you, in the prior years, were aware that this appeal was going on. MS. KINZEL: Commissioner, I haven't researched prior-year records for this issue. COMMISSIONER HILLER: But this was not brought to your attention? MS. KINZEL: No, this was not -- COMMISSIONER HILLER: Did you know about it -- MS. KINZEL: -- brought to our specific attention that I'm aware of. COMMISSIONER HILLER: Were you aware of these appeals? MR. KLATZKOW: No. COMMISSIONER HILLER: Okay. And that's a problem, too. How come the county attorney was not aware? So I really -- Commissioner Fiala, thank you. You're absolutely Page 71 October 9, 2012 right. I just found out about this. This is brand new information to me. I am bringing it to you as I have received it. And I do want to bring this forward. So I will make a copy of what I have here for all the commissioners. I will make a copy for the record. I will make a copy for the county attorney. I will make a copy for the Clerk's Office. And I now have serious concerns about what has been submitted to the state in addition. CHAIRMAN COYLE: Okay. The danger here, County Manager Ochs, is that when allegations like this are made and then you're told not to respond right now, that people will take away from that that all of these things are true. Is there anything you want to say at the present time, or would you prefer to bring it back later? MR. OCHS: Commissioner, I'd be happy to bring it back later in detail. I will only say that the appeals referenced are for different events, and I'd like to bring the rest of that information forward -- CHAIRMAN COYLE: Okay. MR. OCHS: -- in the future. COMMISSIONER HILLER: So there's more? Wait, wait. Are you -- CHAIRMAN COYLE: He's going to bring it back, and we're going to have a full discussion of the facts, not allegations. We're going to discuss the facts. COMMISSIONER HILLER: There's more? CHAIRMAN COYLE: Okay. Right? Is that what you're saying? MR. OCHS: Yes, sir. CHAIRMAN COYLE: Okay. Good. COMMISSIONER HILLER: I just want to clarify one thing. Is there -- we know that there's an 11 million de-obligation. Are you telling me that this is in addition to that 11 -- it's in addition to that challenge, that we have another challenge going on here? Page 72 October 9, 2012 MR. OCHS: Yes. COMMISSIONER HILLER: Oh. So that the total is actually not 11 million, but nine -- or 20 million? MR. OCHS: No, I didn't say that. COMMISSIONER HILLER: Because this is from the consultants. MR. OCHS: Okay. COMMISSIONER HILLER: Your August 22, 2012 -- well -- wow. MR. OCHS: Commissioner, I'll bring it back, provide the detail. CHAIRMAN COYLE: Okay. Very well. Good, thank you. MR. OCHS: Thank you. COMMISSIONER HILLER: Okay. CHAIRMAN COYLE: And we're ready for the next public speaker. MR. MITCHELL: The next public speaker is Nancy Payton. MS. PAYTON: Good morning, Nancy Payton representing the Florida Wildlife Federation. And I've come before you to ask clarification of the motion that you passed two weeks ago directing the Planning Commission to review, fully review, the proposed settlement agreement with the Hussey family. My understanding of the motion was that county has a strong interest in settling, but in the best interest of the citizens and commissioners, that you were forwarding the proposed settlement agreement to the Planning Commission for full review, and that was the term that was used, "full review," and that you did not want to limit the Planning Commission from coming back with something different from the proposed settlement agreement, which I may wrongly have interpreted, along with others, that that gave broad latitude to the Planning Commission to weigh the merits and the implications of the settlement agreement in the broadest sense. At Thursday's Planning -- last Thursday's Planning Commission Page 73 October 9, 2012 meeting, Planning Commissioners asked for some clarification as well as to what their responsibilities were when they received this proposed settlement agreement, and staff responded that we have a settlement agreement and that the Planning Commission is to look at what it ordinarily looks at, the sites, compatibility, and consistency with the Growth Management Plan and the LDC, and to that very specific settlement agreement, they can add some recommended stipulations. But it was very clear that the board is not looking -- and I'm quoting now -- looking for the Planning Commission to weigh all the merits and implications of the settlement. It is typically do what comes before you. Don't look at the whole deal. Well, I thought your motion did allow them to look at the whole deal. The implications to the integrity of the Growth Management Plan, the environmental resources of North Belle Meade, to go back and look at the history as to how we got to this point. The big picture I thought was where they would start and work down to, could they come up with some recommendations that they were comfortable with. So I'm asking you -- and, clearly, the Planning Commission needs some clarification as to how broad or how narrow their mission is as they review the planning -- the proposed settlement agreement with the Husseys, and also the public needs to know so that we can properly respond to the broad or very narrow focus that the Planning Commission is going to have. CHAIRMAN COYLE: Well, I don't know exactly how you get one answer out of the four of us or five of us here. I'll start out by giving you my impression. There are certain responsibilities that the Planning Commission has, and they're well known and well documented, and they're very, very good at doing what they do, but negotiating a settlement agreement is not one of those. That's the responsibility of this board. We have to weigh the things that affect a decision on a settlement Page 74 October 9, 2012 agreement. And while we appreciate input from the Planning Commission we, obviously, have the right to make contrary decisions. MS. PAYTON: Right. CHAIRMAN COYLE: And from my standpoint, I didn't want to convey to the Planning Commission that they were to be the people who decided whether or not a settlement was appropriate and, if so, what the terms might be. Their recommendations on issues are greatly appreciated. And with that, I'll just start from the left with Commissioner Henning, and we'll go right across and -- COMMISSIONER HENNING: Well, it was my motion that passed unanimously, so let me clarify it. During the meeting David Weeks stated this is a, essentially, Growth Management Plan amendment, and those actions are viewed by the Planning Commission. That was my intent, for them to look at it as an application of a Growth Management Plan amendment. Furthermore, in the settlement it talks about a conditional use. The Planning Commission gives recommendations to the Board of Commissioners of conditional uses. That was my intent, to look at the overall settlement and not limit it to just the settlement. They are our planning agency. That planning agency or that -- I should say that settlement agreement is all about planning or land use. So they need to take a look at it that way and give us recommendations. I know the Florida law allows us to do this under the Bert J. Harris Act; however, without it being publicly vetted, I don't think we'll be doing justice to this proposed settlement agreement. I want as much information from our staff and the planning agency, which is the Planning Commission, on that. And they have to have the history of it. So can you assist the Planning Commission, County Manager -- County Attorney? MR. OCHS: Yes, sir. Page 75 October 9, 2012 CHAIRMAN COYLE: Okay. Commissioner Fiala, do you want to weigh in on it? COMMISSIONER FIALA: Yes, I totally agree, and that's how I felt, too. Nobody had seen the settlement idea, criteria, and I wanted to hear from the Planning Commission, as our planning advisory board, to see if they would evaluate and feel it was a good decision, if they would want to tweak it any before I made a decision, so I was really happy that Commissioner Henning made the motion. Thank you. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: I agree with Commissioner Henning. Nancy, does that satisfy -- does that clarify your concerns, or are you left with additional concerns? Is there something that you want that has not been expressed here? MS. PAYTON: I think it would be helpful to the Planning Commission, who was struggling with what their responsibility was, what their charge was, and also the public to try and understand, because we have limited time to make our case, make our points, and we want to do it the most effectively -- most effective way. I think there ought to be something in black and white that just bullet points what they can and can't do. COMMISSIONER HILLER: Could the county attorney possibly develop some sort of a rubric for what the Planning Commission can and can't do, as Nancy suggests? MR. KLATZKOW: I think Commissioner Henning put it very well. COMMISSIONER HILLER: Could you -- CHAIRMAN COYLE: Show them this video. Take this video clip and show them the video. COMMISSIONER HILLER: No. Could you reduce what he said to writing and -- Page 76 October 9, 2012 CHAIRMAN COYLE: That doesn't require anybody to interpret it or anything else. They'll hear it themselves. MS. PAYTON: So it's upon the public's -- COMMISSIONER HILLER: No, it's not, Nancy. It's not. The county attorney has just acknowledged that he will basically summarize what Commissioner Henning has said and will provide it to the Planning Commission and -- CHAIRMAN COYLE: Well, I would like to see that summary before it goes. MR. KLATZKOW: It's going to be verbatim. COMMISSIONER FIALA: Make sure Commissioner Henning sees it, because he was the one that put it together. MR. KLATZKOW: It will be verbatim, ma'am. COMMISSIONER HENNING: No, I said it. COMMISSIONER HILLER: Thank you. I appreciate that, and if you could provide Nancy with a copy and the members of the Planning Commission. MS. PAYTON: That's fine. Thank you, appreciate it. COMMISSIONER HILLER: Can I ask one quick question, Nancy, unrelated to the settlement, but just tangentially related, if you will? Have you seen the article or did you see the article in Fort Myers Press about fracking? MS. PAYTON: Yes, I did. COMMISSIONER HILLER: In Collier County? MS. PAYTON: It was in Sunday's paper. COMMISSIONER HILLER: Yeah. And I think that's something that everybody needs to get up to speed with. And, Commissioner Fiala, probably you haven't seen it. COMMISSIONER FIALA: Uh-uh. COMMISSIONER HILLER: It was a very interesting article just this past, I guess it was, weekend on fracking. And I can go ahead and send you all a copy of that article. And I think everybody needs to be Page 77 October 9, 2012 informed about the potential for fracking in Southwest Florida and in Collier County in particular and what that might mean on many different levels, hut -- yeah. CHAIRMAN COYLE: Okay. Anymore speakers, Ian? MS. PAYTON: Thank you. MR. MITCHELL: No, sir. That was your last speaker. CHAIRMAN COYLE: Okay. Let's go to the next item. Item #10A NAMING THE LELY AREA STORMWATER IMPROVEMENT PROJECT, CURRENTLY IDENTIFIED AS THE LASIP MITIGATION PARK, AS "SERENITY WALK PARK." — APPROVED MR. OCHS: Next item is 10A, Board of County Commissioners, to obtain the Board of County Commissioners' approval for naming the Lely Area Stormwater Improvement Project, currently identified as the LASIP mitigation park, as Serenity Walk Park. CHAIRMAN COYLE: Motion? COMMISSIONER HILLER: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Hiller. Second by? COMMISSIONER FIALA: Me. CHAIRMAN COYLE: 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. Page 78 October 9, 2012 (No response.) CHAIRMAN COYLE: It passes unanimously. COMMISSIONER HILLER: By the way, Commissioner Fiala came up with that name. COMMISSIONER FIALA: Oh, no, the people did. COMMISSIONER HILLER: Well, the people did, endorsed by Commissioner Fiala. COMMISSIONER FIALA: That's right. COMMISSIONER HILLER: With her help and direction. COMMISSIONER FIALA: Yes. Item #10B RESOLUTION 2012-189: RE-APPOINTING WILLIAM J. DEMPSEY, PATRICIA A. HUFF AND SHARON KENNY TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD — ADOPTED MR. OCHS: 10B is appointment of members to the Historical Archeological Preservation Board. COMMISSIONER FIALA: Motion to approve the committee recommendation of William Dempsey, Patricia Huff, and Sharon Kenny. COMMISSIONER HILLER: Second. CHAIRMAN COYLE: Second. COMMISSIONER COLETTA: Second. COMMISSIONER HILLER: Three seconds. CHAIRMAN COYLE: Okay. A motion by Commissioner Fiala to approve the committee recommendations, seconded by Commissioner Coyle. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. Page 79 October 9, 2012 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 carries unanimously. Item #10C PRESS RELEASE DATED SEPTEMBER 28, 2012 FOR ADVISORY BOARD VACANCIES - READ INTO THE RECORD MR. OCHS: 10C is the press release dated September 28, 2012, for advisory board vacancies. MR. MITCHELL: Sir, this was a press release issued on September 28th, and it goes through October 15th. The Affordable Housing Advisory Committee has a vacancy for an alternate, and this alternate should reside in Immokalee. The Airport Authority Advisory Board has a vacancy for a term that will expire on August 10, 2013. The Animal Services Advisory Board has a vacancy for a veterinary or vet technician. The Bayshore Gateway Triangle Local Redevelopment Advisory Board has one vacancy. The Board of Building Adjustments and Appeals has two terms, and in the categories licensed engineer and licensed plumber. The Collier County Planning Commission has two terms that expired on October 1, 2012; one representing District 2 and one representing District 5. The Consumer Advisory Board has one vacancy for a term expiring on December 1, 2013, and two vacancies for new terms to expire on December 1, 2016; Page 80 October 9, 2012 The Development Services Advisory Committee has five vacancies for terms expiring on December 4th -- that will expire on December 14, 2016, representing a general contractor or trades contractor. The Environmental Advisory Council has one vacancy for a technical term that will expire on July 28, 2013, and one vacancy for a technical alternate with a term expiring on July 28, 2015. The Floodplain Management Planning Committee has two vacancies. The Golden Gate Community Center Advisory Committee has two terms that will expire on December 31, 2012. The Golden Gate Estates Land Trust Committee has one vacancy, and the Haldeman Creek Maintenance Dredging Advisory Committee has one vacancy; The Hispanic Affairs Advisory Committee has one vacancy, and the Isle of Capri Control District Advisory Committee has three terms that are expiring on December 31 this year. The Library Advisory Board has three terms that are expiring December 31, 2012, and the Ochopee Fire Control District Advisory Committee also has three vacancies. The Radio Road East of Santa Barbara Boulevard to Davis Boulevard Advisory Committee has two vacancies, and the last is the Vanderbilt Beach Beautification MSTU Advisory Committee has two vacancies. And the date that -- the deadline is October 15, 2012. Thank you. CHAIRMAN COYLE: Okay. Thank you. County manager's report? Item #11A RESOLUTION 2012-190: A RESOLUTION APPROVING THE PAY AND CLASSIFICATION PLANS FOR THE BOARD OF Page 81 October 9, 2012 COUNTY COMMISSIONERS AND COUNTY ATTORNEY EFFECTIVE OCTOBER 1, 2012, AND PROVIDING FOR A COST OF LIVING ADJUSTMENT OF 2.0% EFFECTIVE ON OCTOBER 6, 2012, THE FIRST DAY OF THE FIRST PAY PERIOD IN FY 13 — ADOPTED MR. OCHS: Yes, sir. 11A is a recommendation to approve and adopt a resolution approving the pay and classification plans of the Board of County Commissioners' employees and the county attorney's employees effective October 1, 2012, and providing for a cost-of-living adjustment of 2 percent, effective on October 6, 2012, the first day of the first pay period in Fiscal Year 2013. Ms. Len Price will present. MS. PRICE: Good morning, Commissioners. For the record, Len Price, administrative services division administrator. The pay plan that is before you is a market competitive pay plan with no changes to the pay ranges. As you know, the staff of the county manager's agency has not seen a general wage increase since October 2008, during which time FRS contributions increased from nothing to 3 percent, the insurance premium contribution has increased, as well as general cost of living based primarily on the increase in fuel. This pay plan provides for meeting your goals of providing professional services to the general public, and it conforms with the board-approved budget. I'm here to answer any other questions you might have. CHAIRMAN COYLE: Okay. Who was first? COMMISSIONER FIALA: I was. CHAIRMAN COYLE: Commissioner Fiala, go ahead. COMMISSIONER FIALA: Yes. I just wanted to insert a little something, if you don't mind, because I don't think it's clear for anybody in the audience or reading audience who happens to see it. It Page 82 October 9, 2012 says pay and classification plans for Board of County Commissioners. And I just want to let everybody know, we're not part of this getting a raise. It's for the employees serving under the Board of County Commissioners but not for us. And so just in case anybody is curious about that, I wanted to clear that up. And also I think our employees have done a yeoman's job and never complain that they haven't gotten a raise or that they haven't gotten any cost of living, because they understood the limitations we were under and that we all had to pull together to work for the betterment of our community, of the taxpayers, and they were happy to do that. And I'm really pleased that we now at least can give them -- and I think all of the other constitutional officers as well will be following suit in one way or another, whatever they call it, to make sure that their employees at least get a cost-of-living raise. It's not a raise for -- you know, in salary. It's a cost-of-living increase. Thank you. CHAIRMAN COYLE: Okay. Was it Commissioner Hiller or Commissioner Henning next? COMMISSIONER HILLER: It doesn't matter. CHAIRMAN COYLE: Okay. We'll go with ladies first. Commissioner Hiller, go ahead. COMMISSIONER HILLER: Well, first of all, Commissioner Fiala, what you said about the constitutional officers following suit, you know, the constitutionals were asked by the Board of County Commissioners and the county manager to cut their budgets, and their budgets do not include pay raises. And I don't know where they're going to find the money to award these pay raises, because we asked them to cut their budgets. So how these constitutionals are going to follow suit when we told them they had to cut is something I don't see happening. And that creates a fundamental inequity because, you know, we Page 83 October 9, 2012 basically have all the constitutionals, which involves, you know, all the sheriffs deputies and officers, the clerk's employees, the tax collector, the property appraiser. They didn't budget raises for the upcoming year. And, like I said, we asked them to cut their budget. So there's an inequity there that's problematic. What's really problematic for me, though, is that -- and I go back to the last meeting, because I'm still very, very disturbed by this. You know, we're asking these employees who have worked so hard to accept a 2 percent raise when the county manager himself took a 10 percent raise. Now, I just don't think that's fair. I don't think the county manager deserves 10 percent and the employees only deserve 2 percent. I don't believe it's fair that the county employees deserve 2 percent, the employees of all the constitutional officers deserve zero. This is a very disconcerting proposal because there are so many, you know, really, apparent inequities in adopting this. And I think this should be continued and should be reevaluated in light of the constitutionals and in light of Leo's raise. I mean, it just doesn't seem fair. It just doesn't seem fair. Now, just talking about since 2008, just as an aside, I do want to mention that, as I understand, the state hasn't given their employees a raise in over six years. So, you know, we are in very hard economic times. We are finally constrained. I do feel good work should be rewarded, but it has to be done in a fair and equitable way. Ten percent for the county manager, you know, 2 percent for the county employees, zero for the constitutional employees doesn't work for me. MR. OCHS: Mr. Chairman? CHAIRMAN COYLE: Go ahead, County Manager. MR. OCHS: Very briefly, I spoke with each of the constitutional officers last week. With the exception of the clerk, all of them that I talked to indicated that they were going to follow the lead of the board Page 84 October 9, 2012 and provide that 2 percent cost-of-living or some equivalent within their current budget allocations approved by the board. COMMISSIONER HILLER: Well, I think what you need to do is give them all 2 percent more to their budgets, because now what you're doing is you're taking away from their budgets. They budgeted operationally at a level that they committed to when they sat before us. Now you're asking them to take away from that budget we approved to give a 2 percent raise. No, it's just not fair. You basically provided a budget that was going to consider this. You did not give them the same opportunity. We owe them 2 percent back to allow for the employee payment adjustment. I'm not going to allow these constitutionals to eat into their existing budget when their existing budget is what they need for operations. So whatever the value is for the raises they intend to give their employees, we should give back to them from the General Fund, because that is only fair. And what I don't understand, Leo, is why didn't you tell me when I had my meeting with you yesterday that you had communicated with the constitutionals? And why didn't you talk to the clerk? MR. OCHS: I was communicating with Ms. Kinzel on the clerk's intention. And, frankly, the board directed me last meeting to talk to all the constitutionals about this, so I did. COMMISSIONER HILLER: Well, then why didn't you bring that back before the meeting and let us know that you did and what the feedback was when I was with you in our review? MR. OCHS: I'm doing it right now, ma'am. I wanted the whole board to benefit from the statement, not just one commissioner. COMMISSIONER HILLER: So nobody knew before just us now? MR. OCHS: No. I'm giving you that information right now. COMMISSIONER HILLER: I'm the only one -- ore we all -- you didn't tell any of the commissioners? COMMISSIONER FIALA: I just learned about this. Page 85 October 9, 2012 MR. OCHS: No. COMMISSIONER HILLER: Well, you knew about it. COMMISSIONER COLETTA: My turn. CHAIRMAN COYLE: Wait a minute, wait a minute. Okay. You're right, Commissioner Coletta, we've been ignoring you. Go ahead, but then it's going to be Commissioner Henning. COMMISSIONER COLETTA: Well -- and I thank you, sir, for allowing me to step in and chime in on this. One of the things we've got to draw parallels with is the fact that the county manager's been without a pay increase since he's taken the job. There's quite a big difference between that and the four years, the time that he has spent waiting in the wings. He's paid below par for other county -- other people within the system as far as school administrators, even fire department chiefs, for what he does, and his job is much more involved than many of the other ones out there that are receiving considerably more pay. We're going to go back to the days when the county employees were leaving en masse. And I can remember that when we first became commissioners. I think Commissioner Fiala can recall it and, Commissioner Coyle, you came in towards the tail end of it, when we were having an exit rate at close to 30 percent a year. We couldn't keep up with the local economy. People were ready to bolt for the door because we were holding back on pay increases for a number of years, and they left, and we had to re-hire people from all over the area to be able to fill all those positions, and it became very difficult. So I think we're following the right path. I think the county manager's done a wonderful job, and I appreciate the fact that he shared the news with us about his meeting with the clerk and other people. Thank you. CHAIRMAN COYLE: Commissioner Henning, go ahead. COMMISSIONER HENNING: Well, I think what needs to be Page 86 October 9, 2012 addressed is the -- is there any disparities between like jobs with the constitutional officers and the Board of County Commissioners' employees. I think that's really important; however, for some government employees to receive and others not -- of course, you have to talk to Crystal Kinzel about that. Do you have an answer, or is there any anticipation of -- MS. KINZEL: Commissioner, at this point the clerk's not made a decision. It was pending what the board does with county employees at this time, and then we'll have to go back and re-evaluate it. COMMISSIONER HENNING: Okay. Well, let me ask. The at-will employees, do they receive comp time? MS. PRICE: Some of them do. It's really -- it's at the discretion of the director whether they're going to pay them overtime. And we're talking about hourly employees? It's at the discretion of the director whether it's going to be comp time. COMMISSIONER HENNING: No salaried. At-will -- MS. PRICE: Salaried can get -- under our procedures, they can get comp timed. It's generally not on an hour-for-hour basis. So if an employee works, you know, several hours, they might put in for that but not necessarily every single hour, and they don't track it on the 15 minutes or et cetera. COMMISSIONER HENNING: Okay. MS. PRICE: And their comp time -- if they don't use it by the end of the year, their comp time goes away. COMMISSIONER HENNING: Am I saying it right, at-will employees? Do you know who they are? MR. OCHS: Yes, sir. COMMISSIONER HENNING: They're not salaried. MS. PRICE: At-will employees would be all of our employees who are not on contract. COMMISSIONER HENNING: Are not on contract. MS. PRICE: Right. Would be at-will employees. And then Page 87 October 9, 2012 FLSA differentiates by exempt from overtime or not exempt from overtime. So your hourly employees are not exempt from overtime rules, and the salaried employees are. COMMISSIONER HENNING: Okay. The salaried employees, that's your supervisor, manager, directors? MS. PRICE: Generally speaking, correct. COMMISSIONER HENNING: Are -- the salaried employees have -- do they have comp time? MS. PRICE: They can earn comp time. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: One thing we should be aware of, there is no equity in salaries between us and all of the constitutionals. They receive benefits in many cases that our employees do not receive. So to make it appear that what we're doing is somehow discriminating against all of the other constitutional employees is really a distortion of the facts. For example, the sheriffs agency has a fully paid insurance program. We require our employees to contribute up to 20 -- MR. OCHS: Twenty percent. CHAIRMAN COYLE: -- 20 percent for their insurance coverage. That's a fairly sizable difference. So to make it appear that somehow we're all going to get paid under the same guidelines and at the same levels ignores a lot of facts associated with this. First of all, there are not many comparable jobs between Collier County and the sheriffs agency, as an example. It's just not possible to do that. They do a different kind of work, and they get paid for it. We also have labor union employees who have a different compensation program. So this idea that we're all going to have the same salary opportunities and that sort of thing just is not -- it's a distortion of the actual circumstances here. But in any event, we're dealing with the Collier County Page 88 October 9, 2012 compensation program and plan here today, and we are able to do what we're doing for our employees because we have done a lot of things to improve efficiency. We've consolidated divisions, we have eliminated overhead, we have trimmed out a lot of personnel. And as a matter of fact, probably 400 people we trimmed out over the past four years. So that means that we're able, at this point in time, to pay our employees a little bit to compensate for the additional costs to them, which include not just the cost of living, but costs that were imposed on them by the state government. So we're hoping to make them whole, and we hope that they're -- that the constitutional officers will be able to do the same sort of thing in the same manner that we've done it. So, Commissioner Fiala, go ahead. COMMISSIONER FIALA: Thank you. So many things. First of all, I believe, and I'm pretty sure I'm pretty accurate on this, that when the county manager first asked everyone to take a 5 percent cut, he was given projections. That was at the beginning of the year. He was giving a projection that we would, again, have a decrease in our tax dollars coming into the county. Lo and behold, as the months wore on and we got near April and closer, even, to May, he found that, well, indeed, it wasn't going to be such a dramatic tax cut again. We were actually going to be pretty flat. And since then, even after we deliberated, we found that more building is going on, more businesses are moving forward, so our economy is, indeed, changing, not -- you know, we are always affected a year after everybody else. It takes us a little bit longer to catch up. But that is why I think the county manager, then -- and I don't mean to put words in your mouth, but I think that's why he said that we need to do something for our employees who have stuck with us Page 89 October 9, 2012 this whole time and never let us go. And then Crystal said something to me, she says, yeah, well, you guys get a raise, but our people don't. And I said, oh, no, no, no. I think this is for everyone. You know, they're not singling out one agency and saying, you don't get any. I said, they want everyone to have this -- well, I did have this conversation. COMMISSIONER HILLER: I believe you, but that's not -- COMMISSIONER FIALA: And I said, they want everyone -- you know, however you want to decide it, whether it be insurance or whatever, but what's fair is fair. And you know I say that all the time, what's fair is fair, and it should be. And so we want to see everyone benefit, because all of these employees -- I don't care what agency they work for, all of these employees have worked diligently, diligently, to support this county government while we've been in the throes of a recession. And now -- I mean, we're not going to be giving them any great raises or anything, but at least a cost-of-living is appropriate. Okay. That's the end of that subject for me. And then I want to say to the county manager, I was surprised, Leo -- when we were deliberating on your contract, I had no idea that you made less, by $20,000 almost, than the county attorney, and that you made the same as the city manager in Naples. I didn't -- MR. OCHS: On Marco Island, ma'am. COMMISSIONER FIALA: On Marco Island, I'm sorry. CHAIRMAN COYLE: Less. COMMISSIONER FIALA: Thank you, yeah, less than the city manager in the City of Naples, and you manage, what, is it 1,800 employees? And I thought, my goodness. You should at least be brought up to some kind of a fair wage to compensate for all of the employees that you have to manage. So that's why I voted for the 10 percent. Thank you. Page 90 October 9, 2012 COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Coletta. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. Go ahead, Commissioner Hiller. COMMISSIONER HILLER: Thank you so much. I want to address some of the points that Commissioner Coyle made regarding, you know, different benefits. The sheriff does have different benefits with respect to health. The other constitutionals do not. We're not talking about a comparison of benefits. We're talking about a COLA adjustment, a cost-of-living adjustment, which goes directly to base pay, and you don't not give someone a COLA or you do give someone a COLA because they do or don't have certain type of benefits. This is a cost-of-living adjustment. The second statement he made was with respect to the state imposing burdens on these employees that the county -- what he was referring to was FRS, the contribution that the employees are making now towards their own pensions, and that was a 3 percent increase that they were required to contribute. And that's true for all the other employees, the clerk, property appraiser, tax collector, all are equally burdened. That is actually litigated as of today. And the Supreme Court just heard the case. It's a $15 million liability that the county has already reserved for because we believe that is going to have to be repaid, and we believe that's what the outcome of the Court's decision will result in, a repayment of that 3 percent loss or cost, if you will, back to those employees. So both those arguments, as presented by Commissioner Coyle, are incorrect. Crystal, I really need clarification from you. As an example, I mean, you're the only constitutional present here to discuss this issue. Page 91 October 9, 2012 Did your budget contemplate a COLA adjustment? MS. KINZEL: No. COMMISSIONER HILLER: Okay. Your budget contemplated what it was going to cost you to operate this year based on the budget guidelines, correct? MS. KINZEL: Correct. We only took a 2 percent cut, not the entire five. COMMISSIONER HILLER: So where would you -- you would have to take away from operations to be able to give that 2 percent, which means you will have to cut back on services somehow in order to provide that 2 percent adjustment. MS. KINZEL: That's what we're looking at right now, how could we do that. COMMISSIONER HILLER: Yeah. How could you do that? Because you're already operating on a shoestring budget. And the same holds true for the other constitutionals; they are in the same boat as the clerk is. And talking about comparable salaries for the same type of work performed, Commissioner Henning, you made an excellent point; there is a problem with that. There is a problem where you have an accountant who's working at the Clerk's Office and an accountant who's working at the county doing exactly the same type of work receiving much higher compensation at the -- on the county side, which is an issue that definitely has to be addressed. If the staff is entitled to a COLA, the staff is entitled to a COLA, but so is the staff of the other constitutional officers, and we cannot force the other constitutionals to cut their level of service to the public when it was not budgeted for and not expected. We have to treat them fairly. This is not about comparing benefits or who gets more or less one way or another. This is a COLA adjustment. So I really have a problem with this. I mean, I want our staff to Page 92 October 9, 2012 get the COLA they deserve, but it also has to be done that the other constitutionals get the COLA without adversely affecting the budget that we adopted -- because we fund them -- that didn't contemplate that. MR. OCHS: Mr. Chairman, just to refresh the board's memory real quickly. I don't want to belabor this, but the sheriffs budget came in flat, no reduction from the prior year. The clerk reduced by 2 percent. CHAIRMAN COYLE: Not by five? MR. OCHS: Correct. The property appraiser and tax collector came in marginally lower, just slightly, from the prior year, and I think the supervisor of elections took the 5 percent. CHAIRMAN COYLE: And how much did your departments take? MR. OCHS: Five percent on the operating side and tried to move any other savings into reserves to build up our reserves. CHAIRMAN COYLE: So is it fair to say that you are the only agency in Collier County that took a 5 percent reduction? MR. OCHS: No, I believe the supervisor of elections did -- CHAIRMAN COYLE: And the supervisor of elections. MR. OCHS: -- also, sir. And I'm not complaining about that; don't get me wrong. I'm just trying to correct information. Thank you. CHAIRMAN COYLE: Yes, yes. Okay. We have a motion. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Page 93 October 9, 2012 (No response.) CHAIRMAN COYLE: No opposition, Commissioner Hiller? COMMISSIONER HILLER: No. I'm going to bring this back to address the constitutionals and their budget. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: So I support 2 percent going to these employees because it is a COLA adjustment; however, I don't agree with the way the constitutionals are being treated. I don't agree with the way their budgets are being treated. It is going to compromise the level of service to the public. The employees deserve to be treated fairly. The public deserves to be treated exactly as they expected based on the budget hearings we had. CHAIRMAN COYLE: Okay. Motion passes unanimously. County Manager, where do you go from here? Item #11B RESOLUTIONS AUTHORIZING THE CONDEMNATION OF THE LAND AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENTS AT THE INTERSECTION OF US41 AND COLLIER BOULEVARD — MOTION TO CONTINUE — APPROVED MR. OCHS: Yes, sir. The next item on your agenda is Item 11B. It's a recommendation to adopt resolutions authorizing the condemnation of land and easements necessary for the construction of capital improvements at the intersection of U.S. 41 and Collier Boulevard. Estimated fiscal impact, $13,500,000. And Mr. Jay Ahmad, your transportation engineering director, will present. MR. AHMAD: Good morning, Mr. Chairman, Commissioners. I am Jay Ahmad, your director of transportation engineering, for the Page 94 October 9, 2012 record. This is a recommendation to adopt a condemnation resolution, so we must place a few things on the record, and I'll be brief. And I have my staff here if you have any questions that you may have, and we'll answer them. CHAIRMAN COYLE: What do you need to tell us? MR. AHMAD: The few slides, the four slides that I -- that follow is exactly what I need to tell you. CHAIRMAN COYLE: Okay. MR. AHMAD: We made changes to the agenda since it was printed, and the changes are placed on your visualizers, and those changes were made because, after we completed the appraisals, some legal descriptions -- we tweaked some parcels slightly, and legal description were changed. So the compensations were changed due to this update of the appraisals. MR. OCHS: All reduced. MR. AHMAD: And they were all reduced, yes, sir. The Packet Page 218 changed from 46,250 to 45,900. Packet Page 233 changed, 56,245 to 55,800. Packet Page 277 changed from 1,114,000 to 1,104,000. Packet Page 297 changed from 401,000 to 394,000. Those total changes amount to about $17,000 less than was originally estimated. The project -- this project has been before public meetings. I know Commissioner Fiala attended several of them. I've been at many HOAs presenting this project. It's an intersection improvement project that realigns the intersection at U.S. 41/951. As you can see on your display, the intersection as you come south now exists with a skew angle. It's a severe skew angle, and we are trying to correct that. The correction improves that safety issue that we have and also accommodates planning for future projects as this intersection is on your long-range transportation plan for an overpass in the future. Page 95 October 9, 2012 CHAIRMAN COYLE: Jay, go back to that -- MR. AHMAD: Yes, sir. CHAIRMAN COYLE: -- slide. On the right, go down to that little red dot, further to the right, further to the right. Do you see a little red dot? MR. AHMAD: Yes, sir. CHAIRMAN COYLE: Can you get that? MR. AHMAD: Yes, I got it. CHAIRMAN COYLE: What is that? MR. AHMAD: Those are -- at this point, I believe it's an access management issue that this is -- we're maintaining the access to Falling Waters as currently exists. The left turn southbound will remain as a result of this intersection. CHAIRMAN COYLE: So there are two of those access points? MR. AHMAD: Correct. There's one south of the intersection, as you see. That will be maintained also to this facility. CHAIRMAN COYLE: No. I'm -- well, there and to the right. Go to the right. No, to the right. Right. There. You've got one access issue there. MR. AHMAD: Correct. CHAIRMAN COYLE: And go further to the right, and you've got another one there. MR. AHMAD: That's correct. CHAIRMAN COYLE: Okay. MR. AHMAD: There's no change -- CHAIRMAN COYLE: Now, what I'm going to ask you -- MR. AHMAD: Yes, sir. CHAIRMAN COYLE: -- is essentially this: You're taking a huge amount of what really is prime real estate at that intersection, and a good portion of that property that you're paying for appears to be merely for two access points and a lot of green median; is that true? MR. AHMAD: I'm sorry to say, sir, that's not true. The primary Page 96 October 9, 2012 reason for this green area is, as you can see -- and I'm putting my pointer -- CHAIRMAN COYLE: No, you're going to have water retention over there. MR. AHMAD: The retention is in this area. CHAIRMAN COYLE: That's right, okay. But where you're talking about, those access points, you see all the green between that access road and the new road just above it? MR. AHMAD: Yes. CHAIRMAN COYLE: There's green all through there. MR. AHMAD: Right. CHAIRMAN COYLE: That's a lot of green that you're paying prime money for, and you're not using it for anything. MR. AHMAD: The simple answer to that question, sir, is because the intersection is not aligned, we need to go out -- CHAIRMAN COYLE: Okay. I understand that. I understand that. But the green median between those access roads and the highway itself looks like it's at least 50 feet wide and maybe 400 or 500 feet long -- MR. AHMAD: And the reason for that -- CHAIRMAN COYLE: -- and it's just grass. MR. AHMAD: Yes, sir. I know exactly what you're saying. The answer is two components. One, we're accommodating that skew angle; we're bringing the intersection out and back, that's number one. The number two, as we're required, we are accommodating your future planning. There is an overpass planned in your long-range transportation in 2030. It's been on the books since 1995. It was updated in 2007 as a long-range transportation plan and a goal for this board, and it's currently on your books. So instead of acquiring the parcels twice, we are planning for that project, as part of this project, to accommodate the future overpass if you choose and if you may find it necessary in the future. So we Page 97 October 9, 2012 wouldn't have to obtain these right-of-way and the administrative costs, attorney costs, severance costs, and so forth, twice. And those costs are severe and very expensive. So if I may continue, I will show you the overpass concept which fits in this right-of-way so you don't do this twice. CHAIRMAN COYLE: Okay. MR. AHMAD: And it is part of what the courts ask us and we consider that -- have you considered long-range transportation as part of your deliberation? And you're asking the correct questions. Are you considering that? And you certainly are by asking that question. CHAIRMAN COYLE: I'm just not getting the right answer. MR. HENDRICKS: I think Commissioner Coyle was asking about this right here, and -- MR. AHMAD: Go ahead. Kevin Hendricks is my right-of-way manager. He has a few things to add. MR. OCHS: Kevin, get on the mike. CHAIRMAN COYLE: You've got to somehow get -- MR. HENDRICKS: Oh, the pointer thingy. I'm not really technical. Let's see. Where's your mouse? Okay, there you go. That's the red dot you first inquired about. CHAIRMAN COYLE: Yeah. MR. HENDRICKS: Oh, I'm Kevin Hendricks, the right-of-way acquisition manager for the transportation engineering management department. That red dot, the median, the width at that red dot, that's all being constructed in the existing right-of-way. It's the lanage that goes out beyond that to the west and to the north that's really consuming all that vacant commercial property that you were asking about. And then out beyond that, which we don't, actually, have shown on the map here, is the L-shaped stormwater retention pond. CHAIRMAN COYLE: Yeah. MR. HENDRICKS: Now, the dot down here, that dot, it's one of Page 98 October 9, 2012 the entrances to Lowe's. Yes, there's a lot of extra median built into that which accommodates the future overpass, and reducing that, you would take a lot less property from -- let's see. Where's the mouse again? I lost it. Oh, there it is. You could take a lot less property off of the Circle K right here and the telephone switching station here and the water/sewer district repump station right here. But that's about all you really -- that's really the major impact if you don't do -- if you don't buy enough for the overpass. CHAIRMAN COYLE: Well, why don't we sit down and get our pencils, and I'll show you what I'm thinking about, and you tell me if I'm wrong, okay, because I just simply don't understand why you want to buy so much property in that quadrant of that intersection, because I think it's going to cost you the entire, what, $13 million for that one parcel. But it's -- it's going to be real, real expensive. MR. HENDRICKS: We were talking yesterday about that very question: What happens if you don't build the overpass; how much money could you save? And it's approximately $3 million you save. If you don't build the overpass, you don't buy enough property to build the overpass -- CHAIRMAN COYLE: We're going to have to get you on the mike, though. Okay. Well, I don't want to belabor this anymore. I think you can build the overpass and do everything you want to do. MR. HENDRICKS: Right. CHAIRMAN COYLE: You just don't have to spend so much money on wide medians. And I think there is an easier and better way to get that access you think you need there. MR. AHMAD: Yes, sir. We won't have these wide medians out -- what we're showing on the board to your right there, on your right -- MS. MESSAM: That median goes away. MR. AHMAD: The median, as you see in green, has gotten really small when the overpass project comes in. And as you can see, Page 99 October 9, 2012 most of the improvements will fit for the overpass exactly, with not an inch more than what we need. CHAIRMAN COYLE: Do you still maintain the accesses to those two business centers? MR. AHMAD: And the accesses have been changed, and I'll let Marlene explain the access management. The -- obviously, because of the overpass, there are a lot of changes, and we're not proposing an overpass by all means. I want to be very clear. This is a condemnation to do an at-grade intersection with long-range transportation planning in mind. There will be changes to the access management as a result of an overpass, but that's in 2035 or beyond. So we're not proposing an overpass at this stage. CHAIRMAN COYLE: But you're proposing to condemn the property and take the property now? (Commissioner Coletta is no longer on speakerphone.) MR. AHMAD: Correct. We're proposing to condemn the properties to do the intersection. And as you can see from the prior is the at-grade intersection fits in this footprint. It happened to fit. Yes, there may be a couple of areas that we have -- and I think we've gotten the same question from Commissioner Hiller. What's a delta if we just do -- and it's a great question. What's the delta if we just do the at-grade intersection without, you know, buying more right-of-way? And the delta is really less than $3 million, from what my folks here estimated. So there isn't a huge savings at this time. And in the future if we start acquiring that, it probably will cost us more in attorney fees and severance again and dealing with the same property owners again. COMMISSIONER HILLER: Really? There's only a $3 million difference between an overpass and -- MR. AHMAD: Three million, ma'am. COMMISSIONER HILLER: -- at-grade road? Page 100 October 9, 2012 MR. CASALANGUIDA: Right-of-way costs only. MR. AHMAD: In right-of-way costs only. COMMISSIONER HILLER: Oh, just in right-of-way costs. MR. AHMAD: Correct. COMMISSIONER HILLER: Oh, I thought, like, the delta between the overpass and an at-grade road. I was, like, going, wow, that number sounds off. MR. AHMAD: I need to put a few things more on the record, if you'll allow me, sir. CHAIRMAN COYLE: Go ahead. MR. AHMAD: The next slide is, visually, the areas we're acquiring, and you identified most of them. Obviously the pond site and the needed required right-of-way for this take. This is the most important slide, and this -- the proceedings here will be part of the record for the Court in order to grant us an order of taking. An OT cannot be granted by the courts unless you have considered all these five factors. The first one, alternative alignments. And, obviously, we're considering an overpass, we're considering at-grade intersection and different ways of doing the at-grade intersection, with more taking, less taking, what your consultant did and what we did bring you that at-grade intersection with the least amount of take that we could take at that time considering long-range transportation planning. The cost of competing alternatives, there is a technical memorandum that's part of your record and as part of your packet that I hope that you reviewed it carefully and considered that we have considered the cost. That's safety. Safety -- again, the skew angle of this intersection is the primary cause for us to start this project at this time, the skew angle, and to address deficiencies in capacity. We're adding some lanes to address growth. There's over $9 million of developer contribution agreement that Page 101 October 9, 2012 this board approved related to this intersection and improvements. So you also have public safety, health, and welfare as part of this deliberation. Long-range planning, I mentioned that a couple times. Environmental impacts, we have considered environmental impacts, and we are before the South Florida Water Management District at this time to get our required permits. With that, I am open to any more questions with, hopefully, that you approve this recommendation to adopt the resolution so we'll continue with this process. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. You brought up some really good points. That were also a couple more dots on there that I wasn't familiar with in the original thing. Yeah, see, there -- there are the two little dots over there beyond the green -- yeah, those guys -- and then one over there on the -- on the south side of U.S -- southeast side of U.S. 41. A couple little dots in there. I was just wondering what they were for. MR. AHMAD: Marlene Messam will answer this question for you. MS. MESSAM: Good morning, Commissioners. For the record, Marlene Messam. What has been identified on the exhibit that you're viewing are locations where we are either closing an access point or keeping that access open. So these are -- points are just indicating access changes. Now, the two access points in the northwest quadrant, this is an abandoned service station, so these two driveways there are going to be closed because we're acquiring that property for stormwater pond. The access to the north there, we're maintaining that access open for the Falling Waters Beach Resort community. The next access on the southeast corner, we're closing one of the driveways to the Circle K. The other access point there would be -- Page 102 October 9, 2012 we're keeping the access open to the Eagle Creek community -- Eagle Creek Shopping Center. COMMISSIONER FIALA: Okay. Thank you very much. The next question, Commissioner Coyle brought this up with the generous amount of land we plan to purchase, and I wonder if we don't need the overpass. Will we have purchased this land, and then what do we do with it when we don't need it anymore? MR. AHMAD: Well, it will remain as a green, nice landscaping, I suppose. And the majority, again, of the areas that we're taking is in this quadrant. It is required to align the intersection. We're taking the intersection out and back in. COMMISSIONER FIALA: Well, I do know that you're taking that dog leg out of there, which has been a problem area, because people are coming out and heading right into each other's -- the front of their cars, head-on collisions occur there. I was just wondering, you know, is there -- are you buying even more excess rather than just rounding out that intersection? And if we don't happen to build an overpass, I guess you've given me an answer I can understand. And the last thing is, I am concerned about the wall. I've told you about that a number of times already with the Eagle Creek community, and they're not quite there yet as far as that decision goes. And I just want to make sure that if we approve this that the approval of the wall -- even though it doesn't say it's supposed to be in here, but it mentions it a number of times -- even though we're not approving that wall, I want to make sure that they still have -- that their negotiations are still moving forward, because they're very unhappy with it the way it is. MR. AHMAD: Yes, ma'am. As you know, I know you went with me to a couple of the meetings at the homeowners' association. I've presented this a couple times to them. I do understand their concerns and issues. Page 103 October 9, 2012 We're about 60 percent in the design stage. They do want the wall. We're offering a wall. The issues with them now is how high is this wall. COMMISSIONER FIALA: Right. MR. AHMAD: We're dealing with a federal process that requires us to put certain height, and they are unhappy with that phase of it. But we are working the issues. We submitted something to them just this week, and he's -- his architect, Mr. VanAlstine, the president of the Eagle Creek, is reviewing that, and I think he will be pleased with the outcome of that. COMMISSIONER FIALA: Oh, that's good. MR. AHMAD: It's an engineering solution. COMMISSIONER FIALA: Just for the folks to understand what they were -- what the state, not us, but the state -- that's the thing. We're kind of crippled because the state has different criteria than we do. We're more responsive to neighborhoods, whereas the state has declared that we need a 21-foot wall. Well, that's going to make them feel like they're in a prison rather than -- when right across the street on 951 but on the county side, Lely Resort has a lovely wall, and they say, why can't we have the same? Well, that's because they're not on the state road. They're on the county road, and we're more flexible. So we're hoping to negotiate something that they can live with that is acceptable to them and beautiful at the same time to -- MR. AHMAD: Yes, ma'am. I will not -- COMMISSIONER FIALA: -- individual -- MR. AHMAD: -- bring you a construction contract unless I resolve that issue. COMMISSIONER FIALA: Thank you. MR. AHMAD: We're about 60 percent, and we're advancing this issue forward. COMMISSIONER FIALA: Thank you, Jay. Okay. Page 104 October 9, 2012 CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Thank you. Jay, you put out that summary which shows why a takings would be justified, and one -- I think number two on the summary indicated cost of the alternatives. Can you put that on the overhead? And then could you, afterwards, also put on the overhead the difference in cost between acquiring the land just for a ground road and the cost of the land for acquiring the land for a road at grade plus the overpass, you know, showing me the component costs of each. MR. AHMAD: I'm going to let your right-of-way manager address the costs. He's -- COMMISSIONER HILLER: Sure. MR. AHMAD: In addressing your question yesterday, he worked out some numbers, and he told me about $3 million is the -- COMMISSIONER HILLER: Yeah. But I want to know -- like, let's start with two, the cost of the competing alternative designs. Do you have those? You can just put them up. MR. HENDRICKS: Marlene, you're probably going to have to address that. MS. MESSAM: Commissioner, to answer your question, we did look at competing alternative designs; yes, we did. We looked at a no-build, we looked at the at-grade, and the overpass. COMMISSIONER HILLER: I just want -- I just want the cost between the three. MS. MESSAM: I don't think I have that with me. At least if it's in the package, I won't waste time in trying to find it, but I can certainly get that information to you. COMMISSIONER HILLER: And if you could send it -- whatever you send me, send to the whole board. Also, what's the likelihood we're going to build this overpass? What's the percentage probability right now, and when do you anticipate building it? Page 105 October 9, 2012 MR. AHMAD: I'm going to go back to 2009 when the DCA came before you. And in that DCA, a bunch of consortium developers came and they said, there's concurrency here. We want to do improvements at this intersection. They contributed money to this project. COMMISSIONER HILLER: That $2 million. MR. AHMAD: Well, they have actually over $9 million -- COMMISSIONER HILLER: Nine million. MR. AHMAD: -- in different developer contribution agreements. COMMISSIONER HILLER: Has that already been contributed, 9 million been contributed? MR. AHMAD: Yes, we have that money. It's part of the funding for this project, as I mentioned, the DCAs. MR. HENDRICKS: The amount of contribution was made in January 2012. COMMISSIONER HILLER: But my question is, has the funding already been contributed by the developers? MR. AHMAD: Yes, ma'am. COMMISSIONER HILLER: Okay. Because we have DCAs where it's, you know, contingent on certain events occurring in the future, like the improvement of the, you know, Orange Blossom/Airport intersection, which is small by comparison, but, you know, they haven't made contributions but they have a developer contribution agreement between multiple developers. MR. AHMAD: Yes, ma'am. I put on the visualizer the funding for this project. Part of $18 million there are $9 million from developer contribution agreements that funds this project. There is a grant from the Department of Transportation. You've seen the beginning of it last board meeting, I believe, when you approved a joint participation agreement between Florida Department of Transportation and the county that funded the CEI, and we will Page 106 October 9, 2012 come back again when we have a construction contract or about that time to fund the remainder of the money from that grant funding. COMMISSIONER HILLER: Jay, where is the developer contribution agreement? What line item does it fall in in your funding schedule? MR. CASALANGUIDA: How you doing, Commissioner? For the record, Nick Casalanguida. It's in your line item under impact fees. There are two agreements. One is approximately for $9 million that was already approved several years back, and they've paid that. You've also approved another $4 million agreement probably about three months ago. They fund in FY 13, January, and FY 14 in January, in two tranches of $2 million each. That's extra money that we will -- we'll have above and beyond this schedule that you have here. COMMISSIONER HILLER: But those are impact fees? MR. CASALANGUIDA: Yeah, they're prepaying their impact fees to the DCAs. COMMISSIONER HILLER: Okay. So those are prepaid impact fees. Those are not contributions above and beyond impact fees. MR. CASALANGUIDA: No, they're not above and beyond impact fees. They're prepaid impact fees. They knew that they couldn't go because we had a moratorium at this intersection. We had a failure that -- unless they prefunded the improvement. So they agreed to put their money ahead of time, fully paid their impact fees for the project. COMMISSIONER HILLER: And all these developers want that overpass? MR. CASALANGUIDA: Not necessarily the overpass. And I think I want to go back to Commissioner Coyle's comment and yours about time, if I can get the graphic back. If you look at the diagram -- and a couple things to consider. You asked when. It's a matter of time. When we looked at 6L Farms Page 107 October 9, 2012 and everything that's going on over here, our goal is, obviously, to get as much time as we can out of the at-grade, and we expect to get to 2025/2030 based on today's growth rates. But when you go outside of that time period, your level of service at the intersection is exceeded. So you have to come back at some point in time. The question is when. 6L Farms is scheduled for approximately 7,000 residential units, and that's on the East Trail. Unfortunately, at this intersection that you have here, you have no other way out either from Marco or from the East Trail. The Wilson/Benfield corridor study that we presented to the board going back a couple years, it's going to be extremely difficult to tie Benfield to 41 because of that state property that's in the northeast corner. I know Commissioner Fiala's well aware of that location. So this is your only way out from Marco and your only way out for the East Trail. So we're hoping to get a good 20 years out of there. To address the right-of-way that Commissioner Coyle brought up -- I'd like to get the mouse to work. You can see this location here is already fully developed. One issue that you have, notwithstanding the skew and the water management pond that's here, coming back later, if these two parcels develop with commercial outparcels, the cost will be -- I can't even begin to imagine if, obviously, a CVS or some other retail store comes in in these two locations after we've done the at-grade and you haven't taken the right-of-way. To go back and hit them a second time, those costs would be exponentially higher. CHAIRMAN COYLE: Nick, that was not my suggestion at all. MR. CASALANGUIDA: Okay. CHAIRMAN COYLE: I believe you can achieve both objectives without taking as much property. That's my only point. And I'll be happy to draw you a diagram when we get out of here. MR. CASALANGUIDA: Okay. CHAIRMAN COYLE: Okay. Page 108 October 9, 2012 MR. CASALANGUIDA: Sir, if you're not comfortable, should we continue this item until we can -- COMMISSIONER HILLER: I think we should continue this item. COMMISSIONER FIALA: Yes. COMMISSIONER HILLER: I think there are a lot of issues. The fact that what Commissioner Coyle is saying, the fact that, you know, the road as-is is going to be good for another 20 years, and we already know that the potential for development exists considering the 20 years. We know about 6L, and that's factored into that 20-year number. So I think we need to re-evaluate this. I'm -- I can understand a concern that future development might make this more expensive, but I think we have to weigh how realistic it is that we're going to do this in the near future and whether we need to buy as much land now. I mean, I'm not sure this necessarily makes sense. MR. CASALANGUIDA: No. We want you to be comfortable with this, because this is an important decision. COMMISSIONER HILLER: It is. MR. CASALANGUIDA: This drives the whole project. COMMISSIONER HILLER: No. All takings are important decisions, no matter how big or small. But I'd think -- I'd like to make a motion that we continue this and that maybe you would visit with each of the commissioners and answer their individual questions that have come up as a result of today's debate. MR. CASALANGUIDA: I couldn't agree with you more -- COMMISSIONER FIALA: Second. MR. CASALANGUIDA: -- because it's too important not to make that decision in the right way. So we want to give you the facts. If we have to sit one-on-one, we will. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Motion to continue by Commissioner Page 109 October 9, 2012 Hiller, second by Commissioner Fiala. Commissioner Henning? COMMISSIONER HENNING: I'm done. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Then it is continued. And we're going to take a break for lunch. We'll be back here at 1:18. (A luncheon recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commission meeting is back in session. We don't have Commissioner Coletta with us, do we? No, we don't. COMMISSIONER FIALA: He said he wouldn't be back till two. MR. MITCHELL: No. Item #11C RESOLUTION 2012-191: A RESOLUTION FINDING PETITION NUMBER ST-PL2012168 FOR A SPECIAL TREATMENT DEVELOPMENT PERMIT TO DREDGE AND FILL ON STATE- OWNED PROPERTY IN THE VICINITY OF WIGGINS PASS CONSISTENT WITH THE AGRICULTURAL AND CONSERVATION SPECIAL TREATMENT OVERLAYS (A-ST AND CON-ST) AND ISSUE THE PERMIT. THE PROJECT IS Page 110 October 9, 2012 LOCATED IN SECTIONS 17, 18 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA — ADOPTED W/MODIFICATIONS CHAIRMAN COYLE: Okay. We're going to go to 11C; is that correct, County Manager? MR. OCHS: That's right, Mr. Chairman. This item requires that ex parte disclosure be provided by commission members. CHAIRMAN COYLE: Okay. MR. OCHS: All participants are required to be sworn in. It's a recommendation to approve a resolution finding Petition No. ST-PL2012-168 for a special treatment development permit to dredge and fill on state-owned property in the vicinity of Wiggins Pass consistent with the agricultural and conservation special treatment overlay, and to issue the permit. CHAIRMAN COYLE: Okay. Will all persons who are going to provide testimony for this petition please stand to be sworn in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN COYLE: Okay. Thank you very much. And I'll start the ex parte disclosure. I have reviewed the CCP (sic) staff report of 8/16/12 and the EAC staff report for 7/13/12, and I've also received several emails concerning this petition. Commissioner Fiala? COMMISSIONER FIALA: Yes. I, too, have received the staff report and also the EAC report. I met with Joe Moreland, and actually he wrote me a letter and said, you know, what you need to do is come on out and see this firsthand so you know what we're talking about. So I made arrangements to go out there. He brought a couple other fellows with me -- with him, and we all took a look at it together. And I'm so glad I did, because it was quite an eye opener. Thank you, Joe. Page 111 October 9, 2012 I've also heard from the Conservancy on this. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yes. I reviewed the staff reports; I watched the Planning Commission meeting; I spoke to the chair of the Planning Commission; I spoke to constituents; I spoke to Conservancy; I spoke to staff; I, too went on a boat with Mr. Moreland, but he didn't invite me -- CHAIRMAN COYLE: And he brought you back? COMMISSIONER HILLER: All right. But I just wanted you to know, not only -- CHAIRMAN COYLE: Joe, you missed a chance, buddy. COMMISSIONER HILLER: Well, you know, you're -- that's just sour grapes because you weren't invited, okay. But I'll tell you one thing, if you wore a skirt, he might have invited you, too, okay? CHAIRMAN COYLE: Not with my legs. COMMISSIONER FIALA: No, I don't think so. COMMISSIONER HILLER: Listen, we've never seen your legs, so, you know -- CHAIRMAN COYLE: Would you like to see them? COMMISSIONER FIALA: No thanks, no thanks. COMMISSIONER HILLER: Ooh, ooh. All right. So -- yeah. So I was out there also and, actually, I was out there as part of a very well organized tour put together by Gary McAlpin and Mr. Moreland, and I attended the beaches and shores conference, which was very educational. And, in fact, I brought back a lot of information which I will share at a later time with the Board of County Commissioners because it was a real eye opener. That tour took a whole group of us. Nicole Ryan -- Nicole Johnson, forgive me, was on that tour as well. And we also saw it from a perspective that many of us hadn't. I normally kayak out there, so when I kayak I see it from a different height, and it's very different to see it from the height of a boat as opposed to the low elevation of a Page 112 October 9, 2012 kayak. So it was certainly interesting, and the input of all the people on the boat made a big difference, too; gave me a lot of insight. CHAIRMAN COYLE: How many public speakers do we have, Ian? MR. MITCHELL: Sir, we have 10 public speakers. CHAIRMAN COYLE: Ten public speakers, okay. Commissioner Henning, do you have any ex parte disclosure? COMMISSIONER HENNING: I do. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HENNING: Reviewed the Planning Commission's report, EAC's report, received some emails. I was not invited by Joe Moreland. I refuse to put a skirt on. COMMISSIONER HILLER: This is going to be a standing joke you're going to have to live down, Joe, okay. I'm sorry, but you're tainted forever now. CHAIRMAN COYLE: You see, all it took was just a little shove. Okay. Let's go. MR. LENBERGER: Good afternoon. For the record, I'm Stephen Lenberger from the natural resources department from the planning and regulation branch of the Growth Management Division. What we have before us is a special treatment permit. On the visualizer, I put the ST overlay exhibit, which you have in your packet. If you look at the exhibit, you'll see it has "CON-ST" over the park, both park sites, Delnor Wiggins and Barefoot Beach Preserve, and there's an "A-ST" overlay over the lagoon immediately behind Barefoot Beach. I'd like to just back up a minute here and just tell you the three types of overlays you have which are regulated by this section of the code. Those would be your coastal systems, that being what you have in front of you today; the other being the area of critical state concern in the Big Cypress National Preserve, which has a whole 'norther set of development regulations very specific to that region, and we have Page 113 October 9, 2012 those adopted in our Comp Plan, and they're also state statutes; and then there's ST overlays, which were done in the '70s over wetland areas in the urban area, and those wetland areas are usually reviewed as part of a development petition, whether it be a conditional use for a church or whether it be a PUD rezone. When a PUD comes in-house, the ST overlay is lifted, and the areas and all the existing vegetation is reevaluated in accordance with the criteria for the selection of preserves in the Growth Management Plan and the Land Development Code. So those are your three areas of ST overlays. The ST permit process is a separate and -- how should I say -- additional review process for ST overlays. ST overlays are considered environmentally sensitive. And as far as permitting activities, it's up to the board's discretion to review and approve what they see fit for impact to these areas. As far as review criteria, for coastal systems we usually look at the Growth Management Plan, the CCME for consistency, and that's what staff looked at at this product, and our determination for consistency is included in the staff reports, the EAC and the Planning Commission. This particular project submitted an environmental impact statement which is required by the Growth Management Plan and the Land Development Code. Staff thought it was pretty thorough. And we've reviewed the product for consistency with the GMP, and we do find it consistent. There are other agency permits which will be required and also approvals by this board later on for contracts and things of that nature. As far as our department's concerned, the product will also be required to follow -- apply for a CCSL permit. The maintenance dredging and beach renourishment historically used to require a CCSL variance in front of the Board of County Commissioners, and the board simplified the process for these type of Page 114 October 9, 2012 activities by creating a permit process for CCSLs. So after the -- if the ST permit is approved, it would have to get a CCSL permit from staff as well as other approvals from the board for contracts and things of this nature. COMMISSIONER HILLER: I'd like to make a motion to approve, but I'd like to do so with adding a few comments, if I may. May I? CHAIRMAN COYLE: Sure. COMMISSIONER HILLER: Thank you. First of all -- first of all, to ensure that this project is a sound project -- because we do have limited resources -- I had raised my concerns at one point to the county attorney and to some staff, and it was actually the county attorney's recommendation that, you know, the solution to eliminating concerns is a peer review. And staff actually took the suggestion and, at Leo's direction, went out, and they have now -- do you already have Olson under contract? MR. McALPIN: (Nods head.) COMMISSIONER HILLER: Okay. Have hired a very qualified coastal engineer by the name of Olson, Mr. Olson, who will be doing an analysis of this design to ensure it will achieve the objectives that it is intended to achieve, one of which is to shorten -- to lengthen, I'm sorry, the dredge cycles; number two, to do it at a reduced cost; number three, to do it in a manner that, you know, stops the erosion of the north beach and doesn't in any way adversely affect the south beach and basically will provide for that navigability that we have committed to the boaters with respect to that channel. The second thing that I want to address is the financial analysis. As I mentioned, one of the objectives is to reduce the cost to the county. The financial analysis presented today isn't correctly calculated. That's now being referred to the office of management and budget to recalculate, so we need those numbers coming back when we go through those next steps, as you describe, to make sure that this Page 115 October 9, 2012 does accomplish, you know, one of the intended objectives, which is cost savings. The third thing I want to address, which will be reviewed as part of the Olson's analysis, is the impact of the tributaries on the channel, and there are three coming in, the one towards the harbor, I guess, or -- would that be a fair description? What do you want to -- what? MR. McALPIN: East. COMMISSIONER HILLER: Right -- call it -- okay, the east channel. Then you have the -- CHAIRMAN COYLE: North channel. COMMISSIONER HILLER: What? CHAIRMAN COYLE: North channel. COMMISSIONER HILLER: The north channel, the east channel, the west channel. The three channels. Anyway, so those channels will be -- those tributaries will be analyzed. And we have a preliminary analysis that the current engineers have done which you sent me, and I would really appreciate, Gary, if you could send that to all the gentlemen who are here today so that they could review it also so that they understand what the total impact will be, because it has to be looked at as a system not just, you know, we're straightening this because this is what we want to do. We have to look at the collective impact. So those are the three comments I wanted to make for clarification purposes as to where we stand today and, again, making the motion to approve the submittal of this permit. COMMISSIONER FIALA: With those criteria involved in your motion? COMMISSIONER HILLER: Yeah, sure. COMMISSIONER FIALA: I'll second it. COMMISSIONER HILLER: I'll just add that, sure. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Hiller to approve with the modifications as stated and Page 116 October 9, 2012 seconded by Commissioner Fiala. We have public speakers. Is anyone here opposed to this petition? No one is going to speak in opposition to it? (No response.) COMMISSIONER HILLER: No, and I want -- CHAIRMAN COYLE: Do you want to withdraw your right to speak -- COMMISSIONER HILLER: One of the things -- CHAIRMAN COYLE: -- in view of the positive motion? I know you're not going to withdraw, Bob. COMMISSIONER HILLER: One of the things I wanted to say is there has been a very concentrated collective effort to bring all the interest groups that are affected, be it Conservancy, Friends of Wiggins Pass, Friends of Delnor -- CHAIRMAN COYLE: Barefoot Beach Preserve. COMMISSIONER HILLER: -- thank you -- Barefoot Beach. He's filling in the blanks for me. This is really scary. He knows what I'm thinking. CHAIRMAN COYLE: She'd never get through this meeting without me. COMMISSIONER HILLER: Can I tell you something? It would be -- it would be very lonely up here without -- you know, without -- well, I won't go there, okay. So -- yes. So there has been a very strong collective effort to move forward considering all interests, the boaters' interests, et cetera. CHAIRMAN COYLE: Okay. Okay. Who wants -- who is the first person up to speak? You can waive if you wish, or else you can come up and talk. MR. MITCHELL: The first speaker is Doug Fee, and he'll be followed by Bill Pitman. MR. FEE: Good afternoon. For the record, Doug Fee. I basically have two questions, or main questions. Does Collier Page 117 October 9, 2012 County have the legal ability to apply for, review, hold public hearings, and approve an ST permit for an upland riparian owner, Trustees of Internal Improvement Trust Fund, TIITF, who holds title to both the north of Wiggins Pass as well as the south? Who is the ST permit issued to? Who paid the cost of pursuing this ST permit, Collier County or TIITF? What if there was a legal challenge to issuing of this permit? Along with that, what was -- COMMISSIONER HILLER: Can you stop? Can we get that answered first? MR. FEE: Okay. Well, if I get my time stopped. COMMISSIONER FIALA: That's more than two questions, Doug. CHAIRMAN COYLE: Yeah. Why weren't these submitted to the staff so they could have you an answer today? MR. FEE: Well, I'll get to that, I promise. COMMISSIONER HILLER: Can we -- CHAIRMAN COYLE: Oh, yeah. I bet you will. It would have been a lot easier if the staff had had your questions so that we could have researched the answers and given you something that was substantive rather than just trying to do it on the fly. MR. FEE: I'm not going to do your job, Commissioner Coyle, but I -- CHAIRMAN COYLE: I was just asking you to do yours. But, nevertheless, go ahead. MR. FEE: Okay. COMMISSIONER HILLER: He doesn't have a job to do. CHAIRMAN COYLE: Yes, he does. COMMISSIONER HILLER: He's a citizen. CHAIRMAN COYLE: He has a responsibility as a citizen. COMMISSIONER HILLER: He has the right to ask a question. Jeff, can you answer the question, please? Page 118 October 9, 2012 MR. KLATZKOW: It's the applicant who applies for the permit. The applicant's the one who's doing the dredging. The applicant here is Collier County. COMMISSIONER HILLER: And do we have the legal ability to do all this stuff based on this TIITF ownership interest? MR. KLATZKOW: We have the legal ability to do what we're doing, yes. COMMISSIONER HILLER: Okay. Is that okay? MR. FEE: That's all. Yeah, that's fine. COMMISSIONER HILLER: All right. MR. FEE: And as it related to the CCSL variance or permit, as you want to call it, as well. Now, to answer your question, Commissioner Coyle, the second question that I have deals with state-certified approved professional survey, which I believe is in your Land Development Code when you go through the process of issuing an ST permit. I just received today, actually yesterday evening, a survey which shows the legal boundaries of the project. It is dated September 4, 2012. I had requested this maybe a month ago, actually have been requesting it for several months, but I now have what I consider to be a survey, okay, which is right here. In your resolution that you have in front of you, it indicates an exhibit, Exhibit A, which is not really a survey. It shows you the project boundaries, but it doesn't show you the exact construction area. So -- and the reason why that's important is over many meetings I have mentioned there's a deed restriction on some land on this area. And I'm going to put up a map real quick that was provided by the state, which is right here. If you can see the cross-checked -- it's 200 feet all the way from the bay to the gulf -- that area has a restriction on it. That was provided by Lainie Edward of DEP, but it is not a survey. In other words, it's an area -- but I've been asking for what is the exact boundary. Page 119 October 9, 2012 The reason why that's important is when you issue the ST permit, there may be a conflict between this restricted area and what the project entails. And so I keep raising that issue. I'm not pointing the finger at anyone, but there is a deed restriction that when the land was transferred back in the '70s -- and I've read that deed restriction into the record -- I just don't know whether there's a conflict in the parameter of the project, and I wouldn't want to get too far down the road. Also, the final question would be, if you issue the ST permit today, and let's say a year from now you need to change the boundaries, will there have to be another process in order to grant a new ST permit for some change to -- and are you going to get yourself in a situation where you're creating more regulation? So I'm just raising an issue. Thank you very much. MR. KLATZKOW: Do you want to dredge this or not? Because at the end of the day, if you want to dredge this, we'll dredge this. At the end of the day, if somebody challenges this, at that point in time we'll look at these issues. I don't know what else there is to say. It's your project. It's your granting the ST. We've been at this now for quite some time. CHAIRMAN COYLE: The only thing I can conclude, quite frankly, is that this is -- these comments are designed to delay the project again. If there was a desire to really get an answer to these issues, Mr. Fee wouldn't have waited till the day of the decision to raise his questions. He would have been in here asking staff for answers to those questions, and he would have the answers today. COMMISSIONER HILLER: He actually has been asking staff for months, because I get copied on all the emails. I go back and forth on this. And he has been raising this issue for quite some time. CHAIRMAN COYLE: Has staff refused to answer? COMMISSIONER HILLER: But staff must have the answer Page 120 October 9, 2012 then, so what -- MR. OCHS: Go ahead, Bill. MR. LORENZ: Yes. For the record, Bill Lorenz, natural resources director. And let me introduce Steve Keene here, who's the consultant. He's been working with the project and is familiar with the boundaries, the details, and the state requirements. CHAIRMAN COYLE: Well, the question is, has Mr. Fee presented his questions to you, and have you failed to answer them? MR. KEENE: Sir, I think this particular one here, Mr. Fee called up, I believe it was Lainie Edwards at DEP, and asked the question in regards to this issue. Lainie Edwards gave us a courtesy copy of the answer, and I assume that Mr. Fee got an answer at the same time. This diagram that was up here just a second ago is what DEP put together probably in consultation with state lands. And from DEP's point of view, on this issue and a lot of other issues -- and this includes their consultation with state lands -- there's no state-lands issue with this project right now. They're prepared to give us a permit shortly. They're processing it right now. And they're satisfied that the state-lands issues have all been addressed, and I haven't heard any of those come up recently. And so there's been a lot of state-lands issues, there's been a lot of debate between us and them, and I think we've gotten into the process on this. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: Is that the same -- Commissioner Coyle, can -- CHAIRMAN COYLE: Well, wait a minute, Commissioner Henning is waiting. COMMISSIONER HILLER: Sorry. CHAIRMAN COYLE: Commissioner Henning. COMMISSIONER HENNING: No, go ahead. COMMISSIONER HILLER: I just want to know, is that what Page 121 October 9, 2012 the state told you? And if there's been a lot of debate about this -- I mean, I've seen a lot of emails back and forth on this issue, but what -- I mean, this is new. What -- did the state tell you the same thing that they told Mr. Keene, that there are no issues with state lands? MR. FEE: For the issue in front of us -- which I have raised at many meetings. This is not a new topic. COMMISSIONER HILLER: Right. But what did the state tell you? MR. FEE: I believe that the Land Development Code has a stipulation that you have a survey and metes and bounds and all that. It's certified by the state. I can see on what the state -- Lainie Edwards provided me, which is a cross-check on some land but, in fact, it's not a survey. It is merely just showing me where they believe it to be. So in the subsequent question, it was please provide me the legal description for that 200 feet so that there wouldn't be an overlay of a survey that I received last night. I'm not -- I'm not pointing a finger. These things take time. COMMISSIONER HILLER: What survey did you receive last night? MR. FEE: I received from Gary McAlpin's office a forwarded email from Steve Keene, the consultant, with a survey. And I now have that, but I only had it last evening. But on top of that, I don't have the survey of the deeded land where this restriction lies. I have the picture. But when you do development, you want to know the specifics -- COMMISSIONER HILLER: But let me ask the question again. MR. FEE: Yep. COMMISSIONER HILLER: Mr. Keene just stood here in front of us and said that there has been a lot of discussion between the county and the state with respect to the rights to these lands and who could do what where. MR. FEE: Okay. Page 122 October 9, 2012 COMMISSIONER HILLER: And he just finished saying, if I understood what you said correctly, that those debates have been resolved and that the state says there are no issues with respect to these state-owned lands. So is that what you understand also? MR. FEE: I can only comment that last night was when I got the survey to the project. COMMISSIONER HILLER: So the state has not told you whether or not there are issues? I mean, have you -- have you had any discussions lately with the state? MR. FEE: No, not since I received that map. COMMISSIONER HILLER: Okay. MR. FEE: What I did have discussions with was with staff here at the county level asking them for certifications, state survey certification, and I kept being told that's coming, that's coming, that's coming. Correct, Gary? Right? COMMISSIONER HILLER: Well, Doug, let me -- I understand. So finally you got it, but now you want -- MR. PEE: I got one part of it. COMMISSIONER HILLER: So you want an additional survey, and you believe the Land Development Code requires that survey? MR. FEE: Yep. COMMISSIONER HILLER: That's one issue. The other issue is whether there's a survey or not if, based on the state's analysis of the lands, there is no problem, unless you tell me you've heard otherwise from the state, maybe we need to get it in writing so that it eliminates the discussion about this debate. MR. FEE: All I'm saying is, it's sort of like me going to my neighbor and saying, you know, I see where your property line is, but I'd like to build something. Sometimes when you go for permits, there are exact things that you're doing, and I don't have that on the Delnor-Wiggins. I'm not saying it's a problem, but I don't want to second-guess it is my thing. Page 123 October 9, 2012 CHAIRMAN COYLE: So let me make sure I understand this. COMMISSIONER HILLER: I understand. CHAIRMAN COYLE: It's state land. The state says they have no problem with it. You say you don't have a survey but you actually received a state survey last night, and now you want another county survey? MR. McALPIN: Mr. Chair? CHAIRMAN COYLE: I think I've got the point now. You know where this is going, don't you? If we approve -- if we approve the contract, the clerk is not going to approve the payment because of this problem, because it will have to be researched for months and months and months and months. COMMISSIONER HILLER: That's very unfair. CHAIRMAN COYLE: No, it's not, because it's a clear pattern that takes place here frequently. COMMISSIONER HILLER: No. CHAIRMAN COYLE: But go ahead, Gary. MR. McALPIN: Mr. Chair, if I may, Gary McAlpin, for the record, Coastal Zone Management. COMMISSIONER HILLER: It's wrong. MR. McALPIN: The State of Florida has told us on numerous occasions -- and I have indicated to Mr. Fee yesterday morning being the latest -- that the state considers this all submerged lands, submerged lands by the state. In our application for the permit, we make application for submerged lands. The state does research with state lands, their own department, and if there's any problem with state lands either to the north or to the south, they do not issue us a permit. We even went to the fact -- went to the point where we went to the permitting agency and we asked for a detailed research on this issue. They came back and said, no, there's no issues with any encroachment on the state parks' property either to the north or to the Page 124 October 9, 2012 south. We're 100 percent in state lands. We are not -- the state did not require us to do an official survey, because they did it with metes and bounds. The legal description is what we're talking about. Coastal Planning and Engineering was in the process of doing that. When they found out it was not required, we stopped that effort. I did, in fact, provide a draft survey to Mr. Fee yesterday just because we wanted to make sure that he had everything that he needed, and that's where we stand on this issue. COMMISSIONER HILLER: Okay. Can I make the suggestion, Commissioner Coyle? Could we maybe -- since Olson is reviewing this and doing the peer analysis, just to make sure that we're doing everything correctly, part of the analysis should maybe include assurances that, you know, we are legally within our boundaries to do what we're doing on the land we're doing. I mean, it should be easy to verify if Keene has already -- not Keene. Mr. Keene, Mr. Keene -- MR. KEENE: Yes. COMMISSIONER HILLER: -- has already done that, so it would merely be like a verification, and then we eliminate the debate and have an independent third party -- CHAIRMAN COYLE: So the objective is to delay this for another hearing, right? COMMISSIONER HILLER: No, not delay it at all. MS. KINZEL: And, Commissioner Coyle -- COMMISSIONER HILLER: No need to delay. CHAIRMAN COYLE: I don't want to hear it. MS. KINZEL: Well, for the record -- CHAIRMAN COYLE: I don't even want to hear it. Commissioner Henning, go ahead. COMMISSIONER HENNING: Are we asking to waive the requirements under our Land Development Code? There are -- supposed to be a survey attached to it, and that is supposed to be Page 125 October 9, 2012 Exhibit A. We don't have a survey. We have a depiction of an area. MR. LORENZ: Yes, let me have -- Steve Lenberger has researched that. Let me have him answer that question, Commissioner. MR. LENBERGER: For the record, Stephen Lenberger, natural resources. I have the Land Development Code amendment that was just approved, and it has the strikethrough language. I have it in front of me. COMMISSIONER HENNING: Which land development? MR. LENBERGER: This is the -- COMMISSIONER HENNING: Oh, okay. MR. LENBERGER: Four oh -- COMMISSIONER HENNING: The one -- okay. MR. LENBERGER: This is with the ST overlay, 4.02.14. COMMISSIONER HENNING: That's the one we just approved? MR. LENBERGER: Yes. But I have the strikethrough language here, so I can refer to it. COMMISSIONER HENNING: Okay. Thank you. That's in Chapter 8 -- 10? MR. LENBERGER: Chapter 4. COMMISSIONER HENNING: Chapter 4. MR. LENBERGER: And it talks about submission requirements, and it talks about exact survey. And the context that this paragraph is in is in preservation of native vegetation. And what it says, exact surveys showing the product boundaries, any existing street, water courses, or easements within or adjacent to the proposed development, period. Then it continues. It says, development shall identify, protect, and conserve native vegetative communities and wildlife habitat. Habitats and their boundaries will be consistent with the FDOT Florida Land Use Cover and Forms Classification System, and shall Page 126 October 9, 2012 be depicted on an aerial photograph having a scale of one inch equal to 200 feet when available from the county; otherwise, the scale of at least one inch equals to 400 feet is acceptable. Information obtained by groundtruthing with photographic evidence -- through groundtruthing surveys shall have precedence over information presented through photographic evidence. For proposed site alteration within or on shorelines or onto undeveloped or developed coastal barrier habitats, identification shall comply with the scaling criteria in accordance with Chapter 10 of this code. The context this is used in -- and this is old language that we -- staff has used to identify preserves, when we have conservation easements, we can't have easements conflicting with those conservation easements. So we look for utility lines, easements, ingress/egress easements, or right-of-ways so we don't have conflicts for preserve areas. This is a coastal project. It doesn't have those easements. So the context of the survey is for identification of native vegetation for retention. This product also is different. It doesn't have a preservation requirement. It's to improve the resources there in the ST overlay. COMMISSIONER HENNING: So you're looking at the intent, not the actual strict language. MR. LENBERGER: Right. And we amended the language to write submission requirements pursuant to 10.02.00 and 10.08.00, which are submission requirements in the Land Development Code for site development plans, plat and plans, planned unit developments, conditional uses, things of that nature. So we wrote it -- that as applicable, clarifying how we look at it. COMMISSIONER HENNING: And you're not applying this because it doesn't have native vegetation. MR. LENBERGER: There's no native vegetation preservation for this product, correct. Page 127 October 9, 2012 COMMISSIONER HENNING: Okay, okay. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Well, that answers the question then. CHAIRMAN COYLE: Okay. MR. LENBERGER: Thank you. CHAIRMAN COYLE: Commissioner Hiller, you had suggested a motion of some kind to -- COMMISSIONER HILLER: To approve it. COMMISSIONER FIALA: She already made the motion, I seconded it. We had the first speaker. COMMISSIONER HILLER: I just said if there is a debate -- and it was a suggestion -- that it's a very easy question to just include in the review to make sure. And I would just make a broad question just as part of the peer review -- and this is not part of my motion. This is a suggestion -- that the -- that Mr. Olson ensure that we are properly dredging in lands that we have the legal right to dredge in. Really, you know, very simple. CHAIRMAN COYLE: I don't have any problems with that. That -- MR. LORENZ: Yes, Bill Lorenz, natural resources director. The scope for Olson and Associates is really more for the technical analysis, and so that would not be part of the scope. But we can certainly get a separate -- a separate firm, a surveying firm to validate those boundaries. COMMISSIONER HILLER: Yeah. We should -- Jeff, what do you think? Yeah, do we have surveyors? CHAIRMAN COYLE: Why can't our county attorney make that determination? COMMISSIONER HILLER: Yeah, that's what I was wondering if -- I was just asking -- I was going to ask the same question. COMMISSIONER FIALA: How much extra does that cost? Page 128 October 9, 2012 COMMISSIONER HILLER: Well, let's first find out -- CHAIRMAN COYLE: Well, if we find out the county attorney can make that -- MR. KLATZKOW: I'm not sure what the need is. I mean, you've got a permit to dredge a very specified area issued by the state. We want our -- what, do we want to resurvey this? CHAIRMAN COYLE: Ask them again. MR. KLATZKOW: Do we want to resurvey this, ask them again to get another permit? COMMISSIONER HILLER: Well, let me put the question to you this way. If the state felt we were doing something on lands which were controlled by the state that the -- where the state felt it was unacceptable for us to do that, wouldn't they just deny us? MR. KLATZKOW: You wouldn't get the permit. COMMISSIONER HILLER: Right. CHAIRMAN COYLE: That's right. COMMISSIONER HILLER: So isn't the control mechanism in place here, Doug -- I mean, just think about this. Isn't the control mechanism -- MR. KLATZKOW: The state. COMMISSIONER HILLER: -- the permit? The state. So if the state says no because we own the lands -- you've raised the issue, and it's nice that -- it's good that you raise the issue so that we don't have problems down the road and, you know, it slaps us in the face as something that should have been considered. Because you raised it, there obviously was a lot of debate between state and the county. And it sounds to me like through a lot of debate of an issue that you raised, there has been a conclusion on the state's part that this can be done, that it is okay to do whatever they're doing on the lands that you're identifying, because either it doesn't affect that land or it does, but it can't. So I think -- I'm not really -- you know, I'm very -- I'm always Page 129 October 9, 2012 very concerned about issues, especially, you know, encroaching on someone else's rights or not having legal right to do something, but I just am not seeing the issue here. And I -- do you see an issue? MR. KLATZKOW: I don't see an issue. CHAIRMAN COYLE: And the county -- MR. KLATZKOW: I don't see the issue. COMMISSIONER HILLER: Yeah. I just don't see the issue here. CHAIRMAN COYLE: The county attorney has already said that this is legally sufficient for board action, and that's in the executive summary. COMMISSIONER HILLER: Well, I don't like the term "legal sufficiency," but that's a debate for another day. But I accept Jeff s position right now where he said he believes that what is being done by the county is legal, and it sounds to me like the state is saying what the county is doing is legal. And unless the state comes back to us and they have the ability to do, as we submit the permit, to say that what we're doing is wrong, then we have to work on the assumption that it's right. CHAIRMAN COYLE: Okay. Then let's call the next speaker, if you really want to talk. MR. MITCHELL: The next speaker is Bill Pittman, and he'll be followed by David Seiden. MR. PITTMAN: Bill Pittman. I live at the Anchorage on 12945 Vanderbilt Drive. Part of the ECA process was to contact all of our members and to make them aware of this issue and to speak out in favor of the process and the project that's up for consideration. I have -- we have 10 or 12 people who are here in person, but I have 65 letters from people who aren't here because the season hasn't quite started for them yet. COMMISSIONER HILLER: Can you introduce them on the Page 130 October 9, 2012 record? MR. PITTMAN: Introduce? COMMISSIONER HILLER: Just give -- if you give them to the court reporter, they'll be attached as an exhibit to -- yep -- to the -- CHAIRMAN COYLE: Give it to the county attorney. MR. PITTMAN: I was going to read them. I was going to read them, because I have all these minutes. CHAIRMAN COYLE: You're going to read all the names? COMMISSIONER HILLER: Well, you know what? I suggest we order pizza at 6 o'clock. No, that's great because -- MR. PITTMAN: And then they'll charge me with the pizza, I suppose, though. COMMISSIONER HILLER: We'll just add it to the taxes. MR. PITTMAN: No, I'd rather you didn't do that either. I do want to read at least one of these letters, if I may. It won't take just a minute. This is from one of the fellows. I'm writing to show my support of the ECA and the Wiggins dredging product. I'm a local homeowner and a member slip owner of the Pelican Isle Yacht Club. The reason I chose this area in 2004 to invest in is because I am a boater and what the area has to offer from a boating perspective. There are many people in my community -- it's Cove Towers -- that are boaters and feel the same way, as well as many other homeowners that pay a premium for property and taxes to live on the water, not to mention the thousands of people not on the water who trailer their boats to the Collier County boat ramp who also buy fuel and bait at the county store. These people can easily trailer their boats somewhere else and support some other area more friendly towards boaters. Not so easy for slip owners and homeowners on the water. However, I would personally move to another area if Wiggins Pass is not maintained for boating safety. The impact to the North Page 131 October 9, 2012 Naples area is huge. Collier County should take this into account -- into consideration when making decisions to maintain Wiggins Pass for boating safety. After all, they collect the premium taxes for waterfront property, which will become less valuable if Wiggins Pass is not maintained. Thank you for your ongoing support and efforts to keep Wiggins Pass safe for boaters, and this is Richard Schnabel. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Thank you very much. MR. MITCHELL: The next speaker is David Seiden. MR. SEIDEN: I am David Seiden. I live in Collier County. I live at Cove Towers, which is just at the foot of the Wiggins Pass area. I would like to echo the comments that Bill has made on behalf of others. I own a center-console boat with an outboard motor, and I regularly go through that pass. I'd like to encourage you to move forward expeditiously on this project. It's important to all of us. I have been impressed by the work that the staff has done. It appears to be very professional and appears to have balanced the needs of the variety of communities that are interested in this. Thank you. COMMISSIONER HILLER: Where's your promise that you were going to kayak with me? MR. SEIDEN: I thought that was private. COMMISSIONER HILLER: Hey, nothing here is private. This is government. MR. SEIDEN: So I'm learning. MR. MITCHELL: The next speaker will by Joe Moreland, and he'll be followed by Felix Javczyk. MR. JAVCZYK: Javczyk, and he will waive for speed and maybe to get an affirmative vote. MR. MITCHELL: Thank you. MR. MORELAND: Good afternoon, Chairman. Joe Moreland, Page 132 October 9, 2012 for the record, here under, really, three hats for total revealing. Number one, I am president of the Estuary Conservation Association, which clearly has a very active interest in this issue. I'm also a member of the Coastal Advisory Committee which, similarly, has an active interest on its agenda in this issue. And, thirdly, I have had the privilege to share as the committee chairman of the CAC subcommittee for Wiggins Pass, which is -- full platter has been these particular issues for the past. But my -- obviously, I think the chairman has given me a change in mission today, and the first point I want to make is to adamantly defend the ladyhood of Commissioner Hiller on that cruise. She was a perfect lady, did nothing to embarrass either herself -- COMMISSIONER HILLER: Or you, or you, Commissioner Coyle, although I had the opportunity over and over again. MR. MORELAND: She did. She was much in demand. CHAIRMAN COYLE: Joe, our deal was that she was to get a very close inspection of the hard-bottom structure 40 miles offshore. MR. MORELAND: Oh, I had the wrong hard bottom in mind. CHAIRMAN COYLE: Yeah, I guess you did. COMMISSIONER FIALA: Oh, my goodness. MR. MORELAND: I can only say so not from feel but from visual observation, it is very charming. Thank you, sir. COMMISSIONER HILLER: I swear. I think I'm going to turn red. MR. MORELAND: I will, in the interest of your good temperament, continued good temperament, keep comments -- COMMISSIONER HILLER: You've already got my vote, okay. We can stop right there. I mean -- MR. MORELAND: I'd like to think you owed me big-time, but I don't. I will be the last speaker on this issue from the gang here in deference to your time and patience. Page 133 October 9, 2012 I do -- just again, everything I have said in the most part has been so redundant in your ears by now that I want to avoid that a bit. But referring to that cruise that we were just making light of, it was really quite a dramatic thing, and I think Gary McAlpin, who was, essentially, the active host of that event, which included the representatives from all of the coastal counties in the State of Florida -- I believe that to be true -- who holds similar positions to him, we also had state-level congress and senator with their entourage with us on that. So it was a very professional group -- COMMISSIONER HILLER: Yep, it was. MR. MORELAND: -- who faced the same kind of problems in large measure in their county commissions as we are facing here with you ladies and gentlemen. (Commissioner Coletta is present via speakerphone.) And they were very interested in the complexity of the effort that has been made and, in fact -- there was borrowed time from -- there's thousands of people waiting to speak to you. CHAIRMAN COYLE: You've got an hour and 45 minutes left. MR. MORELAND: Thank you, sir. I've lost my thought. But they, too, are charged with the complexity of unique areas in which dredging is required. But I think there was a general consensus, too, that the area in which we are addressing is, perhaps, a little more than unique from the run end ball (sic). The public interest is in common with most but, perhaps, a little more than with most. The focus in the sidebar conversations, though, was really the interest of the administrative processes that go on in accomplishing an objective or in saying no to it. The administration behind it is simply, literally and accurately, overwhelming, and it doesn't ever seem to end. And I think, in part, that was shown today. No question of good faith. No question of unprofessionalism, but just the dynamics of the effort under current standards. And they may not be able to be fixed, but the current Page 134 October 9, 2012 procedures, I think, could be fixed. And the ladies and gentlemen on that cruise and who represented in that are clearly watching -- and I've been told this indisputably -- are watching the process that is being followed by Collier County as well as its engineering and methodology. So we're -- we are in a spotlight. And they kind of raise their eyebrows, too, when you give them a short scenario of how long this has been going on. I mean, ladies and gentlemen, it's well over four years. And all of the vitriolic agrue -- that's not the right word to use, but I'll let it rest -- arguments as to certain points in them, the minor and the not so minor, should have been resolved quite a while ago and were thought to be until new things got there. As a retired in part lawyer, I, early in law school, learned, at least under the common law, that there was a legal concept of di minimus non curat lex; Latin for, the issue is so small that the Court will take no notice of it. Now, only on request by the commissioner would I recite for you a rather naughty little poem that gives an explicit example -- CHAIRMAN COYLE: I'm not going to ask you to do that. MR. MORELAND: -- of what di minimus non curat lex means to a lawyer who would take a lovely lady on a cruise in the gulf. So the decision is yours. CHAIRMAN COYLE: I don't want to hear it. MR. MORELAND: You do not want to hear it. CHAIRMAN COYLE: I do not want to hear it. MR. MORELAND: Will you please put that in the record. COMMISSIONER HENNING: Thank you. MR. MORELAND: But they are going to be watching -- CHAIRMAN COYLE: But there is a time limit, Joe. MR. MORELAND: And I've run mine up. I think tolerance has run out more than time. Page 135 October 9, 2012 CHAIRMAN COYLE: Yes, it has. MR. MORELAND: So with that, I will speak with -- COMMISSIONER HILLER: Joe, just face it. He's jealous, okay. MR. MORELAND: Is he really? COMMISSIONER HILLER: Just live with it. It's not going to change, but just live with it. MR. MORELAND: You know, I was thinking of running for commissioner, but I've decided to run from it. COMMISSIONER HENNING: Thank you. MR. MORELAND: Thank you all very much for your time and patience. We appreciate all of you. Thank you. CHAIRMAN COYLE: That was the last speaker? MR. MITCHELL: No. The next speaker is Jim Cunis (sic)? MR. KINDSVATER: He had to go to the bathroom, but he waives. MR. MITCHELL: He waived, okay. John Kindsvater? MR. KINDSVATER: I waive my time. MR. MITCHELL: Alan Ritchie? MR. KINDSVATER: He's left. MR. MITCHELL: He's left. Bob Krasowski? MR. OCHS: Left. MR. MITCHELL: Left? CHAIRMAN COYLE: Yes. MR. MITCHELL: Nicole Johnson. MS. JOHNSON: Good afternoon. For the record, Nicole Johnson here on behalf of the Conservancy of Southwest Florida. And I won't go through all of my comments that I had prepared. I think I see, hopefully, where this is going. But suffice to say that as our letter stated to you, we do believe that the project as proposed and Page 136 October 9, 2012 conditioned by staff is consistent with the GMP and the LDC, and we would ask that you approve it. And I would make just one observation, because back in 2007/2008 there was lot of controversy over how to address Wiggins Pass. And it was not necessarily always on the friendliest of terms; a lot of different opinions, a lot of mistrust. And what the commission directed staff to do was to bring everyone together, a very open public stakeholder process. And from that we did work through all of these different issues, and we came to what I believe almost everyone considers to be a good solution. So as other projects and issues come forward in the future, I would ask that you think back to this process. And I know it takes staff time. It takes time to go through this consensus-building type of exercise, but in the end it is well worth it. So I appreciate that you allowed this to go through the process. We believe it's a good project, and we ask that you move it forward today. Thank you. CHAIRMAN COYLE: Thank you. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: What? COMMISSIONER COLETTA: Commissioner Coletta, aye. CHAIRMAN COYLE: You oppose it? Page 137 October 9, 2012 COMMISSIONER COLETTA: What was the motion? I thought it was in favor of it. CHAIRMAN COYLE: It was, but you voted after I called for the naysayers. COMMISSIONER COLETTA: Oh, naw, naw, naw. Commissioner Hiller will explain to you how you can change your vote. CHAIRMAN COYLE: Okay. So you voted for the motion; is that correct? COMMISSIONER COLETTA: That's correct. CHAIRMAN COYLE: Okay. The motion passes unanimously. Thank you. CHAIRMAN COYLE: That brings us to 11D, County Manager. Item #11D AWARDING BID NUMBER 12-5915, "SOUTH COUNTY WATER RECLAMATION FACILITY (SCWRF) ODOR CONTROL FACILITIES UPGRADES," TO MITCHELL & STARK CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $1,378,681 FOR SCWRF COMPLIANCE ASSURANCE PROJECT NUMBER 70089 — APPROVED MR. OCHS: Yes, sir. It is a recommendation to award Bid No. 12-5915, the South County Water Reclamation Facility, odor control facilities upgrade to Mitchell & Stark Construction Company in the amount of $1,378,681, and Mr. Chmelik will present. MR. CHMELIK: Hello, Commissioners. Tom Chmelik, for the record, public utilities division. I have a short presentation for you or, if you wish, I can answer any questions you may have. CHAIRMAN COYLE: Okay. Does anyone have any questions? Page 138 October 9, 2012 COMMISSIONER FIALA: I don't. COMMISSIONER HILLER: No. COMMISSIONER FIALA: I make a motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Hiller. COMMISSIONER HILLER: Second by Commissioner Hiller? CHAIRMAN COYLE: Yeah. COMMISSIONER HILLER: You're speaking for me now? CHAIRMAN COYLE: That's what I heard. COMMISSIONER HILLER: Wow. 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: Okay. It passes unanimously. Good presentation. MR. CHMELIK: Thank you very much, Commissioners. MR. OCHS: Thanks, Tom. Item #11E AWARDING BID NO. 12-5909, "COLLIER COUNTY LANDFILL HOUSEHOLD HAZARDOUS WASTE FACILITY," TO COMPASS CONSTRUCTION, INC., IN THE AMOUNT OF $833,777 FOR CONSTRUCTION OF THE HOUSEHOLD HAZARDOUS WASTE FACILITY AT THE COLLIER COUNTY LANDFILL, PROJECT NUMBER 59005 — APPROVED Page 139 October 9, 2012 MR. OCHS: Commissioners, the next item is 11E. It was previously 16C1 on your consent agenda. It's a recommendation to award Bid No. 12-5909, Collier County Landfill Household Hazardous Waste Facility, to Compass Construction, Incorporated, in the amount of $833,777 for construction of the household hazardous waste facility at the Collier County Landfill. This item was moved at Commissioner Hiller's request. COMMISSIONER HILLER: Right. And I moved it because a constituent had brought it to my attention and had some concerns about the cost. I had separate questions about why we were doing this at all, and I discussed those with Leo. But let me first raise the issues about the cost. This is about an 800,000-or-so-dollar project, and within that there is 110,000 in contingencies. That seems to be a lot more than should be buried in a project of that size. It just seems excessive to have 110,000 contingency, and that 800,000 includes the 110,000, so we're really looking, actually, at a project -- I don't have the numbers in front of me -- but, you know, 600-, of the high sixes, if you will. So I'm not really sure I understand why we have such a large contingency. And, furthermore, what also concerns me that was brought to my attention by the constituent is that there are so many things beyond this construction scope that are additional costs that are not factored into what we're hearing today. So when you look at what the total cost for this project is, I mean, you're looking at a lot more money. And if you would put a photograph of the facility on the board -- I mean, it's a corrugated tin building. Is that the right term, corrugated metal building? MR. ATKINSON: Pre-engineered metal building, yes, ma'am. COMMISSIONER HILLER: Okay. So prefab metal building. And it seems to me -- you know, I want to know what the total cost is above that 800,000 that, you know, is approved here today. I would Page 140 October 9, 2012 like to see that contingency reduced. And then my last question is, you know, why are we doing this? Is there really a need for this facility, given the other facilities we have? I talked to Leo about it yesterday in my one-on-one, and his response was, well, it's in that plan we have. I said, well, you know, that plan, as we all know, is not intended to be necessarily acted on if there isn't any need that warrants the implementation of a plan recommendation at the time. And I don't believe we really have a need for this. This reminds me of what happened with Pelican Marsh. It just happens to be in another district. So this is, by the way, not anywhere near as attractive as the Pelican Marsh facility. In fact, the Pelican Marsh facility is so attractive, I'd like to redesign my house to make it look like it, but that's another issue. CHAIRMAN COYLE: That could be arranged. COMMISSIONER HILLER: I really wouldn't mind. It's a beautiful facility; seriously. Anyway, the long and short of it is, I think there are a lot of issues here that need to be addressed. I think the project scope needs to be clearly disclosed. The contingency needs to be reduced. And then, really -- and this is, really, the threshold question, should we be doing this at all? MR. OCHS: Can we make the staff presentation, sir? CHAIRMAN COYLE: Sure, go ahead. And do we have public speakers, Ian? MR. MITCHELL: Sir, we've one public speaker. CHAIRMAN COYLE: All right. MR. ATKINSON: For the record, Dayne Atkinson, project manager for public utilities. The purpose of this project is to provide the residents and Page 141 October 9, 2012 businesses of Collier County a location for safe and proper disposal of hazardous household waste. This is in line with the strategies that were outlined in the greater solid waste management strategy approved by the board in December 2006. Currently, household hazardous waste at the landfill is sorted and stored temporarily at the landfill. This facility will allow for safer and more efficient handling and collection of the household hazardous waste. The project location is physically at the landfill. It will be built between the current gas-to-energy facility and the scale house. And as shown before, this is a rendering of what the facility will look like. It is a pre-engineered metal building. The bids were advertised and posted in compliance with Collier County purchasing policy. Compass Construction is the low bidder. The results of this project -- or our goals for this project at the end was to enable a safer, more efficient process with storage and delivery of hazardous materials to qualified vendors for disposal. Further, it's to protect the environment and provide important resources to the individuals and businesses and to maintain regulatory compliance. Recommendation -- our recommendation, solid waste staff is seeking approval of the award to Compass Construction in the amount of $833,777 as outlined in your executive summary. CHAIRMAN COYLE: Okay. Commission members, do you want to hear the public speaker first, or do you want to ask your questions of staff now? COMMISSIONER FIALA: Public speaker. CHAIRMAN COYLE: Okay. Call the first public speaker. MR. MITCHELL: The speaker is Peter Gaddy. MR. GADDY: Good afternoon, Commissioners. With this particular project, by the time you add in the soft costs, the equipment, Page 142 October 9, 2012 the furnishing, the Site Development Plan, you're probably looking at a facility real close to one million dollars. It's a 13,000-square-foot facility, including 2,800 square feet in an enclosed area. The amenities include a records room, a training room, two bathrooms, and $10,000 in landscaping. I want to point out this facility is going to be located at the dump, and I really don't believe we need $10,000 in landscaping. Currently, we collect hazardous waste at the landfill, and those wastes are collected in barrels and containers and dropped off, and I just don't understand why we need such a lavish facility at the dump. Thank you. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Thank you. I believe the hazardous waste does need to be stored or housed. We're responsible for that. There's more hazardous -- believe it or not, there's more hazardous waste out there than there is in this room by far, and we house this room. CHAIRMAN COYLE: I'm not sure. COMMISSIONER HENNING: The -- except for the -- you need to put a gate for the animals. I would agree that the contingency in normal contracts are 10 percent. The next thing, I visited the facility. You have a room there, a conference room -- actually, you have a training room, too -- is that right, Mr. Rodriguez? MR. RODRIGUEZ: That's correct. For the record, Dan Rodriguez, your solid and hazardous waste management department director. We do. COMMISSIONER HENNING: Do you have an existing training room there? MR. RODRIGUEZ: We have a conference room, a small conference room, right. COMMISSIONER HENNING: Okay. Page 143 October 9, 2012 MR. RODRIGUEZ: But at this facility -- first of all, let me start the bigger picture, if I may. We absolutely need this facility. We currently collect household hazardous wastes at the landfill, but where it's located at the landfill, Commissioners, is in the back area. Let's see if I can get this right. You see, this area in the landfill is where we actually collect the hazardous waste. There's a section off to the side where residents, business owners, will bring their paint, their gasoline, their oils, their antifreeze; it's out in the weather. And as Commissioner Henning stated, we are responsible for getting that material and disposing of it properly as part of the landfill operating agreement that the board approved back in 1996. So Waste Management will pull the materials out of the waste stream -- because, as you know, it is illegal to put hazardous waste in our landfill or to contaminate the construction demolition material or any other materials. This area that you're looking at here at the landfill is actually going to be filled with garbage over the next 30 years. But, more importantly, we need this facility now because we need the proper concrete flooring, the containment areas, the storage cabinets, so that we can put this material, just like we do at the recycling centers but on a much greater scale at the landfill. COMMISSIONER HILLER: Can I ask a question about that photograph? COMMISSIONER HENNING: Wait a minute. He hasn't answered my question. COMMISSIONER HILLER: Okay, sorry. I just wanted to know about that picture. MR. RODRIGUEZ: Let's get back to the picture. First of all, real quick, the circles you see there are the current facilities we own and operate. The Collier County Landfill is in an area near the Golden Gate Estates City area, the Golden Gate Estates Page 144 October 9, 2012 area; there is not a recycling or hazardous dropoff center anywhere near. And what we're trying to do is to get greater participation. Back in 2010, Collier County was recognized nationally with the Silver Award, second place nationally for ability to move hazardous waste out of our waste stream. This is the next step in that process as part of the integrated solid waste management strategy to continue to protect our environment, protect our drinking water wells. Let me get back to the picture for Commissioner Henning. I'm sorry, Commissioner Henning. COMMISSIONER HENNING: Let's talk about the facility, okay. Is -- the elements within the facility, you're having a -- you have a training room, offices, so on and so forth? MR. RODRIGUEZ: There are no offices. What you see there -- see, the white door is a large bay area, and that's where we store equipment. COMMISSIONER HENNING: Okay. MR. RODRIGUEZ: We have mowers, we have utilities vehicles and forklifts, and they will need to be parked in there. Next to that is a large -- not large -- I say large. It's a records area. As you know, in solid waste we're required by FDEP and EP to collect and maintain our records for the life of the site. We have three sites. We need to maintain those records. Every year we have more and more records. Currently, they're scattered in our office building. They line the hallways. We need to have a consolidated area where we can put those as well, and then also staging area for other operations that we do and conduct. COMMISSIONER HENNING: Staging areas for? MR. RODRIGUEZ: For different materials. If we bring in the lamps, they have to be put on pallets, they have to be put in containers, they have to be shrink-wrapped, and that's basically what it is is a facility to do all that and better manage it, because the more that Page 145 October 9, 2012 we can contain and ship out in larger quantities, the less expensive it is to our ratepayers. COMMISSIONER HENNING: So there's no proposed offices or training room? MR. RODRIGUEZ: There's no offices, but there's a large records area room there, and it could be multi-purpose room. COMMISSIONER HENNING: Records -- okay. Well, how big is the room? MR. ATKINSON: The size of the room is 10 by 12, I believe. COMMISSIONER HENNING: Ten by 12. It's 10 foot by 12 foot. MR. ATKINSON: It's not a large room. MR. RODRIGUEZ: Yeah. It's only the smallest portion of the building. COMMISSIONER HENNING: Come up here, Dayne. MR. ATKINSON: Yes, sir. COMMISSIONER HENNING: You know, this gentleman volunteers his time to teach young boys soccer, and he does that how many -- three days a week? MR. ATKINSON: Yes, sir. COMMISSIONER HILLER: That's awesome. COMMISSIONER HENNING: Isn't that great? COMMISSIONER HILLER: That is fantastic. COMMISSIONER HENNING: Well, a 10-by-12 room is not a very large room. MR. ATKINSON: No, sir. COMMISSIONER HENNING: However, I do have a problem with the contingency. Usually our contingency's around 10 percent; is that right, Leo? MR. OCHS: Yes, sir, 10 to 15 percent; typically 10. COMMISSIONER HENNING: Yeah. MR. OCHS: Ten percent. Page 146 October 9, 2012 CHAIRMAN COYLE: What's the square footage of this facility? MR. ATKINSON: It's approximately 13,000 square feet under roof. CHAIRMAN COYLE: Thirteen -- and the roof includes the open area? MR. ATKINSON: Yes, sir. CHAIRMAN COYLE: And the area to be covered by concrete? MR. ATKINSON: Well, the whole entire facility is on concrete. COMMISSIONER HENNING: And it should be. CHAIRMAN COYLE: That is a lot of money to build that building. I just put up one that's a bit smaller, but the price was more like $30 a square foot. But that's a lot of -- that's a lot of money for a pre-fabricated metal building, and the concrete, you've got it broken out in two places in your cost schedule. I don't know what portion includes what. But concrete, I think, is listed about the second or third line item down about a hundred thousand dollars, generally, is about what the bidders bid for that concrete, but there's also concrete specified in walkways and other things for another amount of money. But that's a lot of money for a pre-fabricated medal building with a concrete floor. How much per square foot are you spending on this building? MR. GADDY: I have those numbers, Commissioner, if you'd like them. CHAIRMAN COYLE: Well, I want them to give them to me, because I want to make sure they've got them. MR. ATKINSON: Sir, I don't have that number broken out. I can get that number for you, quickly, but it -- CHAIRMAN COYLE: It's thirteen thousand square feet, roughly? MR. ANDERSON: Roughly, sir. CHAIRMAN COYLE: Is that what you said? You're talking Page 147 October 9, 2012 about over $65 a square foot, if I calculate that right; is that close to yours? MR. GADDY: Comes out to $56 a square feet. And the under-air portion of 2,800 square feet comes out to $259 a square foot. CHAIRMAN COYLE: Okay. That's a bunch. MR. GADDY: Similar to a condo. CHAIRMAN COYLE: Yeah, yeah. That's a bunch of money. MR. RODRIGUEZ: It is, but also the facility -- it's a hazardous waste industrial facility. There's fire suppression systems in there. There's more concrete in there than just the -- I believe it's $96,000. There's probably another 40,000 in concrete for the drives, because they have to be to DOT standards for the commercial vehicles that will be coming in there, the semis, the trucks. This needs to withstand a hurricane. As you know, as part of our debris mission, Solid Waste Management Department administers a debris mission plan. That building needs to be intact, ready to take the hazardous waste out of here after the storm. We didn't build it just for the storm, but it's a responsibility that we're very familiar with, especially with Wilma. This is needed in the community, Commissioners. Of the hazardous waste that's collected, the annual individual creates about nine pounds of hazardous waste a year. We're probably collecting less than a pound from our citizens. We need access so that these people can bring their materials to us. If you look at all the places that you can buy hazardous waste, Home Depot, Ace Hardware, Publix, auto parts store; how many places can you actually take it to deliver and dispose of it properly? Where's it going? It's going in the green waste container cans. It's going in the dumpsters. This facility will enhance -- CHAIRMAN COYLE: I take all mine up to Pelican Bay. Go ahead, Commissioner Fiala. Page 148 October 9, 2012 COMMISSIONER FIALA: Okay. Fine, thank you. I agree with you; I think it's needed. I think it's -- it will especially serve the Golden Gate and the Golden Gate Estates area, because that's really needed. They have nothing there to go to unless they drive a long distance. A number of times now the contingencies have been brought up, but nobody's asked you about them. You know, why is it so high? MR. RODRIGUEZ: Sure. And the contingencies are based on budget we put together. As I stated earlier, hazardous waste takes special containers. You can't commingle materials, and then they have to be in fire-protective chemical boxes, very large steel containers. They also have ventilation in them. So those contingencies, the hundred thousand dollars, are used to buy those containers, the roll-off dumpsters -- COMMISSIONER HILLER: Then it's not a contingency, Dan. MR. RODRIGUEZ: It is, Commissioner, if once we build -- COMMISSIONER HILLER: No. MR. RODRIGUEZ: -- the facility. COMMISSIONER HILLER: Dan, if we're buying stuff that we know we're going to purchase, it's a line item in another budget. I mean, if we need bins, than that is separate and apart from the construction budget. I mean, the contractor is not going to buy bins. MR. RODRIGUEZ: Well, the vast majority of the contingency is for construction costs. This was designed about three months ago -- three months ago, the price changes in materials, concrete, building materials -- COMMISSIONER HILLER: Dan, now you're changing your story. MR. RODRIGUEZ: Commissioners, if we do not spend the contingency, it goes back into the budget and it gets pushed forward as carryforward. COMMISSIONER HILLER: Right. Page 149 October 9, 2012 MR. RODRIGUEZ: And I do remind the board, this is the third year in a row we've held our rates, through cost containment, through proactive measures, to save cash/money. In addition, the vast majority, or a good portion of it, a good portion of it, the site development was done as part of the gas-to-energy project. So that helped us save even more money. COMMISSIONER FIALA: Okay. That answers my contingency question. My last question is, how successful have the other recycling facilities been in saving you dollars? MR. RODRIGUEZ: That's a great question, Commissioner. The vast majority of the savings comes from the fact that we protect our environment. We save airspace through the volumes and volumes of material. Just North Collier Recycling dropoff center received over 8,000 customers this last year. That's a lot of customers. We've collected over 15 tons of household hazardous waste, and that's just pesticides, herbicides, paints; that doesn't include the electronics, doesn't include fuel, gasoline. We've collected over 350 gallons of oil, about 360 gallons of gasoline, and somewhere in the neighborhood of about 280 gallons of radiator fluid. That's taken out of the environment. That's taken out of the waste containers. It's not put on the dead-end streets in the Estates; it's not put in canals. COMMISSIONER FIALA: Or not put into our landfill where it then could seep into other things. Anyway. MR. RODRIGUEZ: Yes, ma'am. COMMISSIONER FIALA: So I wanted to know that. I wanted to know how much in savings there was. You probably don't have that figure. Savings there was not only in airspace but also in savings itself rather than having to follow through on the hazardous waste afterwards. MR. RODRIGUEZ: Sure. And I can calculate those numbers as Page 150 October 9, 2012 tonnage relating to the fee that we pay to dispose. There's also the savings of not getting fined from FDEP for illegally putting it in the landfill, which could be anywhere from $1,000 a day to $15,000 a day. COMMISSIONER FIALA: Well, I like the project. I think it's in a great location, I think it will serve people well, I think you need to get moving forward on it, and so I make a motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, and second by Commissioner Hiller? COMMISSIONER HILLER: Nope. CHAIRMAN COYLE: Nope. COMMISSIONER HILLER: Nope, I have a comment. COMMISSIONER COLETTA: I'll second it. CHAIRMAN COYLE: Okay. Commissioner Coletta seconds it, and Commissioner Hiller has a comment. COMMISSIONER HILLER: Sure. Can you put that photograph back up? MR. RODRIGUEZ: Sure. COMMISSIONER HILLER: The photograph of the waste, the -- where you say you're accumulating that, are you suggesting all of that waste is going to be in that building now? MR. RODRIGUEZ: No. COMMISSIONER HILLER: Is that going to stay the way it is? MR. RODRIGUEZ: No. COMMISSIONER HILLER: How is it going to change? Is it going to move to a different location? MR. RODRIGUEZ: That site that you see there is our C&D processing area as well as our horticultural waste. COMMISSIONER HILLER: So what does this have to do with hazardous waste? MR. RODRIGUEZ: This is where we're currently collecting hazardous waste out in the open. Page 151 October 9, 2012 COMMISSIONER HILLER: So someone drives to that area, and that's where they deposit the waste? MR. RODRIGUEZ: That's correct. What they do is they bring it back by the C&D area, and there's a segregated area where they can unload their paints and their pesticides. COMMISSIONER HILLER: So there's this -- you're not showing us the segregated area where they unload the materials, correct? So -- because you're giving us a very incorrect impression here. You're making it seem, had I not asked these questions, that this is the hazardous waste site and that this is somehow going to go away as a consequence of you building that building, and that isn't true. Now, there is some other area where people with hazardous waste make their deposits, and at all the various transfer stations the citizens of this community can deposit their hazardous waste at this time; isn't that true? MR. RODRIGUEZ: The landfill receives over 350 loads a day. COMMISSIONER HILLER: Okay. MR. RODRIGUEZ: Those loads take hazardous waste -- COMMISSIONER HILLER: How long has that been going on? MR. RODRIGUEZ: I'm sorry. COMMISSIONER HILLER: How long have you been collecting hazardous waste at the landfill? MR. RODRIGUEZ: Since the landfill was opened. COMMISSIONER HILLER: Okay. And you've been collecting it at the location that you're describing? MR. RODRIGUEZ: Yes. COMMISSIONER HILLER: Okay. And you haven't received fines for having hazardous waste commingled with other materials in the fill -- in the landfill, have you? MR. RODRIGUEZ: We haven't. COMMISSIONER HILLER: No. So whatever you're doing is working effectively. I don't see the need to do something that has Page 152 October 9, 2012 caused no problems whatsoever. You're throwing in red herrings. Oh, we'll get fined. Well, we've never been fined. It's going to get commingled. Oh, we're going to have all these savings because these materials are not going to be seeping into the ground. Well, they're not seeping into the ground. People are delivering a great deal of hazardous waste materials not only here, but also at the various transfer stations, which are not being used to capacity at all. And we saw that clearly established by graphs that were showed when the debate was brought to this board about building the facility by Pelican Marsh. We saw that the existing transfer facilities were not even being used near capacity. This doesn't make any sense at all. It's making less and less sense by the minute. I completely agree with Commissioner Henning. We have a duty to properly house the hazardous waste, and we are, and that's evidenced by the fact that we have not gotten any fines, and we have not introduced those hazardous wastes into the landfill. Your descriptions make no sense. You said that we had -- another statement you made is that we have to build this building because you needed off-site storage. Then it turns out that the room is 10 by 12 and that you have all these records. First of all, my question is, why aren't you processing these records electronically? I mean, I don't know why we have hard copies. But a 10-by-12 room -- and I've actually been in your conference room. I've visited the landfill and, you know, was in that conference room, and you have a very nice-size, you know, larger conference room. It -- I can't possibly approve this. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: One statement is not true. There used to be a hazardous waste facility over there. The gas-to-energy facility was put in the proximity of it -- COMMISSIONER HILLER: What was it? Page 153 October 9, 2012 COMMISSIONER HENNING: -- that's not on it. And there was a -- it was a very small shed -- COMMISSIONER FIALA: Chain link? COMMISSIONER HENNING: -- and chain-link area. They had tanks or drums for different hazardous waste. I don't think all of it was sheltered, though, from the elements, and that's the thing is, when you have that runoff, that is the property of the county; however, I don't see anything in here as bids for the bins. COMMISSIONER HILLER: No. I mean, all this -- all this looks like -- if you go back to the picture of the building, this looks like a drive-through. This basically looks like a covered driveway -- you know, if you look at this, the bulk of this construction is some covered drive-through with nothing more. I mean, this -- doesn't seem to serve any purpose other than a covered dropoff. COMMISSIONER HENNING: I would imagine there's a lot in concrete. CHAIRMAN COYLE: Yeah. COMMISSIONER HILLER: Well, you know -- and, again, the other question I had, which still hasn't been answered, is what is the real total cost of this? Because, like I said, there is a great deal on top of this that's not being disclosed as part of the overall cost of this project. I just think -- I agree with Commissioner Coyle. I think this is very expensive, and I think it really should be sent back to be repriced. Maybe there is a need for some sort of a facility, but I don't think it's this one at this price. CHAIRMAN COYLE: Commissioner Henning, were you finished? COMMISSIONER HENNING: I'm finished, thank you. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeah. And I don't know how much Page 154 October 9, 2012 of the expense is involved in these specialized containers that can contain these hazardous wastes safely. I know you've mentioned them, and they're larger steel containers and so forth, but I'm sure that that goes into this figure as well. And as you said -- and I feel comfortable with this. If, indeed, you have overestimated and it comes in lower, and you -- you know, obviously, you don't spend the money anyway, and it goes back into the budget. And so I feel comfortable with that. CHAIRMAN COYLE: Okay. I'm going to call the question, but I want to get some reassurance on something. It is not necessarily productive to just continue this and come back and have the same discussion later on. I would be willing to vote in favor of it with the expectation that staff is going to monitor this process very carefully from the standpoint of value engineering to determine if there is anything, any way, you can save money on this project. Now, can you do that with the contract awarded? That's the question. MR. RODRIGUEZ: Yes. CHAIRMAN COYLE: If the contract is awarded, is the contract going to be written in a way that allows the contractor to spend and be paid all of that money, or is there some control over how much money will be spent? MR. RODRIGUEZ: Commissioner -- MR. KLATZKOW: I think you're buying the building you were shown. CHAIRMAN COYLE: I'm sorry? MR. KLATZKOW: I think you're buying the building you were shown. CHAIRMAN COYLE: And that's it, huh? COMMISSIONER HILLER: Yep. MR. RODRIGUEZ: You're buying what you see there in Page 155 October 9, 2012 concept. There were how many responders? MR. ATKINSON: Eleven. MR. RODRIGUEZ: Eleven contractors bid on this. Great market saturation. So the lowest-priced bidder is getting this. They've checked their pricing. They've looked at the site; they've looked at the engineer plans. So we're getting the best price out of 13 (sic) contractors right here in Collier County. COMMISSIONER HILLER: But the issue is the scope of the project. MR. RODRIGUEZ: Commissioner, this is the building that we need to manage the volume of hazardous waste in this community. This is a 50-plus-year facility. We want more and more businesses to come to the landfill, not to go traipsing through the C&D areas to get, you know, soaked in the rain in the summer and say, well, I'm not bringing my hazardous waste because I'm soaking wet. This facility does what -- the board's intent. It protects our environment. It moves the solid waste to this facility for proper disposal. CHAIRMAN COYLE: Okay. You've got, I think, roughly a 15 percent contingency; is that not correct? MR. RODRIGUEZ: We have about $100,000, so yes. CHAIRMAN COYLE: Okay. So that's about a -- MR. RODRIGUEZ: Thirteen, 14, yeah. CHAIRMAN COYLE: Yeah. Now, does the award of the contract allow the contractor to spend that amount of money without your approval? MR. RODRIGUEZ: We have to approve any use of that contingency. CHAIRMAN COYLE: So the amount of money that we're authorizing to be spent is 100,000, 105-, $102,000 less than the bid price; is that correct? MR. ATKINSON: Yes, sir. Page 156 October 9, 2012 CHAIRMAN COYLE: I want to make sure I understand here. MR. ATKINSON: That's correct, sir. CHAIRMAN COYLE: So if we were to approve this contract -- COMMISSIONER HILLER: No. CHAIRMAN COYLE: -- with the provision that the contingency fee could not be spent without staff approval and perhaps even Board of County Commissioners approval, what would that do to you? MR. ATKINSON: Sir, it's in the purchasing policy that contingencies and allowance cannot be spent without authorization from staff. CHAIRMAN COYLE: All right. Now, if staff were to have to come back to the Board of County Commissioners to get authorization to do that, what does that do to you? MR. RODRIGUEZ: That's an extra step. If it holds up construction, that's at the discretion of the board. But the contract, as you stated, 833- minus 100,000. CHAIRMAN COYLE: Yeah. So -- MR. RODRIGUEZ: It's not our intent to spend the 100,000, Commissioner. CHAIRMAN COYLE: Yeah, I understand, but -- MR. RODRIGUEZ: And they have to get our approval, and they better have a real good reason. CHAIRMAN COYLE: But I think it would make us all feel a lot better if that $100,000 were sort of held off to the side and that we had to have some good justification to spend that kind of money. MR. RODRIGUEZ: Absolutely. It's held off to the side, Commissioner. CHAIRMAN COYLE: Okay. And, County Manager, is it going to be okay to bring that back to the board if we decide to spend that money? MR. OCHS: Yes, sir. If that's what the board would like, we'll Page 157 October 9, 2012 bring any proposed expense of contingency back to the board. MR. KLATZKOW: You're saying both change orders come back to the board? I think that's what you're saying here, right? COMMISSIONER FIALA: Say that again. MR. KLATZKOW: All change orders come back to the board. That's what we're talking about, right? COMMISSIONER HILLER: It is. MR. RODRIGUEZ: On this project. CHAIRMAN COYLE: Yeah. So that is assuming what the county manager -- or county attorney said earlier is true, that this is a fixed-price contract for this building, and you're going to get that for $773,000, roughly, right? MR. RODRIGUEZ: Yes. CHAIRMAN COYLE: Now, if there's something that is extra that you didn't anticipate or there's a change in design, that's a change order, and I would feel a lot more comfortable if we were to manage that a little more closely. MR. RODRIGUEZ: Then we can. If the $100,000 -- let's say the electrical bid comes back or it's updated, electric costs are slightly higher, but if there's savings in the concrete, but we don't -- still don't touch that 100,000 without your permission, we can still do this project, Commissioner. CHAIRMAN COYLE: I'd be happy with that. COMMISSIONER FIALA: I'm comfortable with that. CHAIRMAN COYLE: Okay. Commissioner Coletta, do you still have a second for that motion as modified? COMMISSIONER COLETTA: Yes, I do. CHAIRMAN COYLE: Okay. All right. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. Page 158 October 9, 2012 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. Okay. COMMISSIONER FIALA: That's a good compromise. CHAIRMAN COYLE: Okay. We can go -- do you want a break now? COMMISSIONER FIALA: Sure. THE COURT REPORTER: I'm good. I'm okay. COMMISSIONER HENNING: We're just about done. CHAIRMAN COYLE: We are. But I'm just wondering if we can get it done. You're okay. All right. CHAIRMAN COYLE: Then let's go to the next item, which would be 14A, County Manager? MR. OCHS: Yes, sir. We don't have any items under 14 -- CHAIRMAN COYLE: Okay. MR. OCHS: -- on your regular agenda this morning, sir, or this afternoon. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COYLE: All right. Then we're going to go straight to staff and commission general communications; is that right? MR. OCHS: Yes, sir. CHAIRMAN COYLE: I hope I'm not missing anything, am I? MR. OCHS: No, sir. Page 159 October 9, 2012 CHAIRMAN COYLE: Then we'll start with Commissioner -- MR. OCHS: Oh. CHAIRMAN COYLE: I'm sorry. We'll start with you. COMMISSIONER HENNING: Commissioner Ochs (sic). CHAIRMAN COYLE: Yeah, we'll start with you. See, he gets touchy when you take these things out of sequence. MR. OCHS: Commissioners, I have a couple things this afternoon. The staff had been working at -- on previous board direction to amend the contract of your medical director to add an evaluation component into it. We're going to bring that forward at your next meeting, but I just wanted to confirm that that is, essentially, the -- was the intent of Commissioner Fiala and the rest of the board. We had not planned to do any other changes to that contract at this point. Unless I'm otherwise directed today, we'll bring you back the contract that includes the annual evaluation component that was requested. COMMISSIONER FIALA: Yes, that is what I requested. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah. I don't know why we want to micromanage this issue. We just appointed a -- medical emergency authority? MR. OCHS: The Public Safety Authority, Commissioner. COMMISSIONER HENNING: Yeah. And, you know, I would -- if anything, I would like for them to do that and keep it out of the -- keep the politics out of it. The -- they have much more awareness of the day-to-day operation of training and the duties of the medical director. That's my personal opinion, and I'd much rather see them, if at all, deal with it. It would be the -- those professionals. COMMISSIONER FIALA: I can understand what you're saying. The reason I suggested it is because all of the people that serve under our authority bring us back -- you know, allow us to evaluate. I mean, that's in the contract. Page 160 October 9, 2012 And, in fact, in a couple cases, not only are they evaluated by us, but they're also evaluated by their advisory boards. So we get the advisory boards -- for instance, like, the airport manager or airport director and the CRA director. So as long as -- I think that what's good for one is good for all. Why should he be the only one that doesn't have an evaluation? COMMISSIONER HENNING: Because this is a political board. It is not a board of -- that has knowledge about medical issues, training issues, and all the things that a medical doctor does. It's -- this is strictly a -- this is strictly a political board. And wouldn't you want the advice of the authority? CHAIRMAN COYLE: Why can't we get the advantages of both ideas? Commissioner Henning, you can use the same argument for the airport authority. We're not aviation experts yet we make direct evaluations of the airport director. COMMISSIONER HENNING: But that was part of the contract. CHAIRMAN COYLE: Yeah. COMMISSIONER HENNING: This is not in Dr. Tober's contract. COMMISSIONER FIALA: That's why I wanted to add it. CHAIRMAN COYLE: Well, that's one of the things. We could -- I would prefer, a personal preference, that if he is our employer -- employee, we should be the ones determining his final evaluation, but I don't have any problem getting recommendations from the medical policy advisory board. Can't we do both? Can't we ask them to provide us their input in the same way we ask for the CRA advisory boards to provide us information on them, and the Airport Advisory Board providing us information on their valuations of the airport director? COMMISSIONER FIALA: I think that would be helpful. CHAIRMAN COYLE: That way we have everything being done in a consistent manner across the board, for the CRAs, the airport Page 161 October 9, 2012 director, and the medical director. That would be my preference, but COMMISSIONER FIALA: I agree. CHAIRMAN COYLE: But if anybody else has a different idea -- were you asking for guidance, County Manager, as to what you should be doing? MR. OCHS: Well, yes, sir. I was just confirming that that was the only nature of the change that the board wanted me to make on that contract so that when I brought it forward it had everything in it that the board wanted. CHAIRMAN COYLE: Do we have -- COMMISSIONER FIALA: And I like Commissioner Coyle's suggestion, because then we get -- we hear from the professionals working with him as well, which will help guide us. I think that's fine. CHAIRMAN COYLE: Do we have three nods? MR. OCHS: Would you like me to include that in the contract, or just make that a -- COMMISSIONER HILLER: Commissioner Fiala, say what you want; tell me what you want again. I was reading a document. COMMISSIONER FIALA: Oh, okay. That's all right. I was suggesting -- this is from the last meeting where -- COMMISSIONER HENNING: Maybe we should have took a break. CHAIRMAN COYLE: Yeah, see. COMMISSIONER FIALA: -- the emergency medical director -- CHAIRMAN COYLE: Nothing is easy here. COMMISSIONER FIALA: -- or the medical director, actually, for our EMS department is evaluated, because everybody else is. COMMISSIONER HILLER: Yeah. No, I agree with you. I agree with what Commissioner Fiala says. I think she's -- CHAIRMAN COYLE: Do you believe that? COMMISSIONER HILLER: -- absolutely right. Page 162 October 9, 2012 COMMISSIONER FIALA: We've been agreeing all day. COMMISSIONER HILLER: Yeah, that's right, except on the landfill. CHAIRMAN COYLE: It was me who said it. COMMISSIONER HILLER: No, it wasn't. You know, there is -- I think that the input -- I think what Commissioner Henning said about getting that PSA to be part of the review process is a good one, because there are multiple aspects to the medical director's jobs, and Commissioner Henning is right in that part of it involves the review of, you know, medical protocol, and they would be better suited to evaluating that. But there is an administrative component, too, and I think we should be evaluating that and how responsive he is to what we're requesting of him. So I think -- I think you can achieve a review from both and have useful feedback. CHAIRMAN COYLE: Okay. You've got three nods on that issue. Any more guidance you needed on that? MR. OCHS: No, sir. CHAIRMAN COYLE: Okay. Any other issues you want to raise? COMMISSIONER HILLER: I want to go back to that issue, Leo, and, actually, Jeff, because this is more of a question for Jeff. You know, that contract doesn't seem to have an end date, and it's being just rolling over and rolling over. It seems like an evergreen contract, and I haven't looked at it so closely as to analyze it from that perspective. But I would like an opinion that it is not an evergreen contract. MR. KLATZKOW: I don't have the contract before me. COMMISSIONER HILLER: I know you don't. MR. KLATZKOW: My recollection is it is an evergreen Page 163 October 9, 2012 contract. There's nothing wrong with an evergreen contract. No different than a month-to-month tenancy where you get to a point where you no longer wish the services, you give notice. COMMISSIONER HILLER: Well, I thought that in government we don't want evergreen contracts. But, you know, you can give us some insight on that. MR. KLATZKOW: There are a number of counties who give both their county managers and county attorneys, in essence, evergreen contracts that are renewable every year, and then if the board wishes to make a change there's a notice provision. So it's not uncommon. COMMISSIONER HILLER: Well, I'd like a little more research on it. I, personally, would like to know a little bit more about it. I'm not sure that I agree with evergreen contracts from a public-policy standpoint, and I'm not sure that the contract with the medical director should be an evergreen contract if, in fact, it is, and it sounds like you're agreeing that it is. CHAIRMAN COYLE: Okay. Leo, what more do you have? COMMISSIONER HILLER: I think there should be a finite term. CHAIRMAN COYLE: Okay. County Attorney's going to give you some information on that, right? COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay. MR. OCHS: Yes, sir. Earlier this month I notified the board that we had received notification from the City of Naples that they were discontinuing the ALS engine program in the city. Just a brief update. That did, in fact, occur on October 2nd. Since that time your medical director and your EMS chief have been meeting with city officials and the fire chief down there to explore other opportunities or avenues by which they could still maintain an ALS engine level certification with some other Page 164 October 9, 2012 mechanism beyond -- or besides a one-to-one swap between our staff and theirs. So we are continuing to work on that. And I will -- I will update you as soon as we have more progress made there or a report from Dr. Tober on what protocols, if any, he can notify to allow that program to continue in the city. CHAIRMAN COYLE: Okay, okay. MR. OCHS: Okay. And the last item, Commissioners, I wanted to briefly circle back to an item that was discussed at your last board meeting on -- actually, it was on Wednesday, the item having to do with my contract extension. During that item, Mr. John Lundin approached the podium and, in essence, accused me of intentionally withholding information from Commissioner Henning and Commissioner Hiller. His alleged evidence, as he stated, was an email that he allegedly received to that effect from Commissioner Henning. When I told the board that I wasn't aware of any email where I directed that to happen, Commissioner Hiller leaned across the dais and pointed at me and said, well, that's the problem. So after the meeting I, certainly, was concerned if there was an email I wasn't aware about. And, unfortunately, the -- as you might suspect, and not surprisingly, the Naples Daily News reporter that very same day asked for a public-records request for information on Growth Design Corporation. That allegedly was the company about which I was withholding information from the commissioners. We ran an exhaustive public-records request, searching for any emails with those references; more than 200 emails. I went through each one of them individually. None of them seemed to produce any evidence to support Mr. Lundin's accusation. The next morning Ms. Albers, apparently, asked, in an email, Mr. Lundin to produce the email. He answered in an email that he didn't save the email that he had raised during the discussion that day. Page 165 October 9, 2012 I believe Ms. Albers then asked to email Commissioner Henning what communications he's had with Mr. Lundin and Growth Design Corporation. Commissioner Henning immediately contacted my office and directed a public-records search, and we were happy to do that for him. He submitted the very few emails of communication between he and Mr. Lundin on that subject. Again, based on my review, none of those substantiated his claim. So I didn't want that to be hanging out there not responded to. So he either was misinformed or misled or just didn't tell the truth. Thank you. COMMISSIONER FIALA: Let's hope that the Naples Daily News will report this also -- CHAIRMAN COYLE: Yes. COMMISSIONER FIALA: -- rather than just the -- CHAIRMAN COYLE: There's no public comment here. This is our discussion, not yours. No. COMMISSIONER HILLER: I would like to hear what Mr. Lundin has to say. MR. LUNDIN: You mean, I just brought up the issue, there's been a lack -- COMMISSIONER HENNING: No, I don't want to hear. This is the commissioners' comments. We had public comments earlier. By the way, he has accused me publicly of -- MR. LUNDIN: Weathervane, weathervane (sic). CHAIRMAN COYLE: Mr. Lundin. COMMISSIONER HENNING: I want control of this meeting right now. CHAIRMAN COYLE: This is not -- MR. LUNDIN: Commissioner Hiller asked me to speak. I think I can speak. CHAIRMAN COYLE: No, no. Commissioner Hiller doesn't Page 166 October 9, 2012 have the authority to ask you to speak. That comes from either a majority vote of the Board of County Commissioners or from me, and MR. LUNDIN: You don't believe in free speech. CHAIRMAN COYLE: I don't believe in you. That's what I don't believe. So take your choice. Okay. Commissioner Henning, go ahead. COMMISSIONER HENNING: He has published on this item in the Immokalee Bulletin things that were just not true, and I think he owes myself and Leo Ochs an apology. CHAIRMAN COYLE: Well, I doubt if you'll get it. But I honestly think that anybody who has followed Mr. Lundin and listened to the things he says knows not to believe any of them. So he's his own worst enemy. So for whatever it's worth, I don't think you'll get an apology, but I think you're due one, as is County Manager Leo Ochs. Anything more? MR. OCHS: No, sir, thank you. CHAIRMAN COYLE: Okay. County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: I'd love to have those 200 emails on GDC. MR. OCHS: Growth Design? COMMISSIONER HILLER: Yeah. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: I'd like them all. I'd like to read them. Yeah, just a couple of questions. And, actually, Jeff, I'm going to direct these questions to you. As part of your review for Ian's severance pay, did you make a determination through review -- and I've actually asked for the employee files to take a look at them myself Page 167 October 9, 2012 but haven't received them. Have you made a determination that none of the aides have made allegations or claims against Ian which would rise to the level of a suggestion that he created a hostile work environment with respect to them? I just -- and the reason I ask that is I want to be sure that there isn't litigation that's coming down the pike that you have -- that you're aware of or you have reason to believe might occur and that somehow, you know, us terminating Ian knowing that there's litigation in the wings will be problematic. So have you done your due diligence to ensure that there are no -- and, actually, Leo, I'll ask you the same. Has HR done a review of the files to ensure that there are no employee claims? MR. KLATZKOW: I asked HR for the -- their files with respect to the aides, and there were a series of 2009 evaluations, and that's what HR has. Whether Mr. Ian has filed, I don't know. COMMISSIONER HILLER: Not -- what I'm asking is, have any aides filed anything with respect to Mr. Mitchell? MR. KLATZKOW: I am not aware of that. COMMISSIONER HILLER: Or have they complained to HR? Has HR been documenting what aides have been saying? MR. KLATZKOW: I am not aware of any complaints. I am not aware of HR documenting nor would I necessarily be made aware of that. COMMISSIONER HILLER: Okay. Well, in light of this -- I mean, I just want to be sure that there is no potential or threatened litigation with respect to Ian's office and that we are, you know, allowing for a severance termination, whatever you want to call, you know, the action taken by the board today, that would somehow be viewed as a coverup. MR. KLATZKOW: Coverup, no, no -- COMMISSIONER HILLER: I mean, maybe -- I don't know -- MR. KLATZKOW: -- no, no, no. Page 168 October 9, 2012 COMMISSIONER HILLER: I don't know what the right word is, and maybe "coverup" isn't the right word. But I just want to make sure that the review of the files has been done by the County Attorney's Office and by the County Manager's Office with respect to the employee files as it relates -- and, yeah, as it relates to Mr. Mitchell's position, maybe even as it relates to commissioners. MR. KLATZKOW: I will say this about that. You have two issues that I'm aware of from your office. One is dealing with an aide, which is a personnel matter. The other is dealing with Mr. Mitchell. They are two -- in my mind, two completely separate different issues. And the actions that you take towards one, in my mind, does not affect the other. COMMISSIONER HILLER: Yeah, but that's where I question if you've done the due diligence to ensure that is, in fact, the case, because if the termination of one of these aides is somehow related to Mr. Mitchell's conduct towards the aide, then they are intertwined -- MR. KLATZKOW: If Mr. Mitchell has engaged inappropriately, he'll have to answer for that. I'm not aware of any. COMMISSIONER HILLER: So there is no complaint as against Mr. Mitchell? MR. KLATZKOW: I'm not aware of it, ma'am. COMMISSIONER HILLER: Okay. Did you do any due diligence that would give you reason not to be aware of it? I mean, have you done that due diligence? MR. KLATZKOW: Ma'am, I have not been ferreting around this issue, all right? COMMISSIONER HILLER: Well -- but, I mean, you've got an issue with the termination that still don't -- MR. KLATZKOW: The issue that I responded to in connection with our conversation today was to ask Ms. Lyberg if she had any files dealing with the aides, and what I got was a series of 2009 evaluations, and that was it. If there's anything else in there, I didn't -- Page 169 October 9, 2012 I'm not looking for it. If you'd like, I will look for it. COMMISSIONER HILLER: I think you should. I think that's the best approach. I think if you just -- if you would sit down and go through all the aides' files and make sure that there is nothing in those aides' files as against Mr. Mitchell or -- MR. KLATZKOW: We can do that, ma'am. COMMISSIONER HILLER: I think that would actually be an important step. MR. KLATZKOW: So you're saying that the aides -- oh, okay. So you want me to search the aides' files and Mr. Mitchell's files? COMMISSIONER HILLER: Well, I don't know how the -- I don't know how HR documents these things. I'm not familiar. MR. KLATZKOW: Well, I'm telling you HR -- I don't think HR has anything is what I'm telling you. COMMISSIONER HILLER: But you don't know that because you said you haven't looked for this. You've only looked at -- MR. KLATZKOW: I asked HR for their files. If there's something in your offices, then I don't know. COMMISSIONER HILLER: No. Well, here's the thing. My -- I had -- you and I had talked about files, but you made a request for evaluations, and I said, no, I think what ought to be looked at are files. Now, I was going to look at it just to be sure that there isn't anything that would affect Mr. Mitchell. I wanted to be sure that he was not in any way adversely affected in that manner. MR. KLATZKOW: We will look at whatever files are available. COMMISSIONER HILLER: I would appreciate that, and then can you let us know before the next vote? MR. KLATZKOW: I can give you a copy of everything, if you'd like. COMMISSIONER HILLER: Sure, that's fine. That would be fine? MR. KLATZKOW: They're public records. Page 170 October 9, 2012 COMMISSIONER HILLER: Does anyone else want copies of everything? And I'm sure HR would properly document, you know, if there's any issue, what the issues are. Because, I mean, I believe that it's county policy that they're required to document if anyone has any issues. I'm assuming that was done. So, yeah, so if there's nothing there, there's nothing there. So, yeah, I'll take a copy. MR. KLATZKOW: Okay. Mr. Mitchell, you'll open up your files, and we'll take a look at them. COMMISSIONER HILLER: And HR -- I mean, HR is important. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: I mean, I'm sure Mr. Mitchell has kept proper files. I don't have concerns about Mr. Mitchell's files. You should still look at Mr. Mitchell's files, but I think you need to look at HR's files. And, again, I want to just be sure that, you know, Mr. Mitchell -- you know, that there aren't any issues there that there is no, you know, threatened or pending litigation that we're not aware of, or at least I'm not aware of. CHAIRMAN COYLE: Okay. Anything else? This is communications. COMMISSIONER HILLER: Oh, it's wonderful to see you again. I mean, as always. CHAIRMAN COYLE: I'm sure it is. COMMISSIONER HILLER: You know, I just -- I live from meeting to meeting with you. So, yeah, it's -- I almost thought you were going to stab me with that pen, but then I knew you just -- CHAIRMAN COYLE: You ducked. COMMISSIONER HILLER: Yeah. Actually, I did better than that, but we won't go there. CHAIRMAN COYLE: Commissioner Fiala? Page 171 October 9, 2012 COMMISSIONER FIALA: Nothing. CHAIRMAN COYLE: Okay. I have something. The clerk just finished an audit of the -- of our -- MR. OCHS: Gilchrist properties? CHAIRMAN COYLE: Yeah, probably. COMMISSIONER FIALA: It's Hillcrest properties. CHAIRMAN COYLE: Actually, there were some home projects in there that he audited -- MR. OCHS: Oh, that was the -- CHAIRMAN COYLE: -- and one of the discrepancies that he found was the chairman signed an agreement that was not previously approved by the Board of County Commissioners. COMMISSIONER HILLER: I saw that. CHAIRMAN COYLE: And the staff reply was, well, we agree with that assessment, and did not acknowledge that there were two attorneys who had certified that document as legally sufficient for my signature and had presented it to me for signing. Now, that is a discrepancy, in my opinion, but it should have been acknowledged by the County Attorney's Office, and that should have been the statement that was included in the staffs response to the clerk's finding, but it was not. So it raises a question. Was it, in fact, approved by the attorneys for my signature? And if so, why didn't the attorney's office accept responsibility for providing the wrong advice to me as far as signing it is concerned? MR. KLATZKOW: I don't know what you're talking about. If you can get that document to me, I'll follow up on it, sir. CHAIRMAN COYLE: Okay. We have the document, and we'd be happy to provide you copies. But it is important -- I get thousands of pages of documents to be signed, and I depend upon the lawyers to make sure that they are legally sufficient before I affix my signature on them, and I have, on Page 172 October 9, 2012 occasion, many occasions, demanded specific statements from the attorney's office concerning the guarantees that I am making in those contracts. And so I view that very seriously, and I think it's something that you ought to take a look at and make sure it doesn't happen again. MR. KLATZKOW: Well, we review prior -- we review all documents prior to it going to the board, all right. So it could very well be that we've reviewed and signed off on a document that then doesn't get taken to the board. But we'll follow up on this. CHAIRMAN COYLE: Well, this was -- this was an agreement to be signed by me with, I think, HUD, probably, and that signature page had at least one, perhaps two, attorneys' signatures on it approving it for its legal sufficiency. MR. KLATZKOW: Well, we'll review. CHAIRMAN COYLE: Okay. All right. Ian, could you get those documents to Jeff? MR. MITCHELL: Yes, sir. CHAIRMAN COYLE: Thank you very much. And, Commissioner Henning? COMMISSIONER HENNING: Yeah. The -- you'll find that there are several documents for the chairman to sign after the board has approved that, you know, it doesn't go through the county attorney. It goes through the county attorney when it's on our agenda; however, staff brings those documents thereafter, the ones with the pink slip. I kind of embarrassed Dayne Atkins (sic) for his involvement in the community with the children, but actually we have plenty of employees that do that on a day-to-day basis. COMMISSIONER HILLER: Doesn't Mr. Casalanguida -- COMMISSIONER HENNING: Mr. Casalanguida does coach. COMMISSIONER HILLER: -- do that? COMMISSIONER HENNING: And some ladies. Page 173 October 9, 2012 CHAIRMAN COYLE: Wait a minute. COMMISSIONER FIALA: Softball. CHAIRMAN COYLE: Softball, okay. COMMISSIONER HENNING: It's soccer. COMMISSIONER HILLER: Soccer. CHAIRMAN COYLE: Soccer, okay. COMMISSIONER HENNING: So, I mean, that's encouraging to see that a lot of our employees, you know, are involved in the community doing things with, especially, youth and that. The new board takes over November 20th, I think, somewhere around there? Does anybody know? MR. KLATZKOW: Your first meeting, I think, is in December. CHAIRMAN COYLE: Why is it December? MR. KLATZKOW: Because you only have one meeting in November, typically. CHAIRMAN COYLE: Isn't the election held before that meeting? MR. KLATZKOW: But the new commissioner doesn't take office, I think, until two weeks after the election. CHAIRMAN COYLE: Oh, really, okay. MR. MITCHELL: It's November 20th, as Commissioner -- COMMISSIONER HENNING: It is November 20th, thank you. MR. MITCHELL: It is, sir. COMMISSIONER HENNING: That was a lucky guess on my part. MR. MITCHELL: Well, you were correct. CHAIRMAN COYLE: But that means it will be the first week in December. So there is only one meeting in December? MR. OCHS: Yes, sir. COMMISSIONER HENNING: Okay. So the new board takes over -- the new commissioner takes over in -- or it would be first meeting in December. Page 174 October 9, 2012 MR. MITCHELL: I think it's the 13th. COMMISSIONER HENNING: Would be that first meeting. MR. MITCHELL: The 13th of December. COMMISSIONER HENNING: The 13th of December. CHAIRMAN COYLE: But the move into his office is on November the, what, 20th? MR. MITCHELL: Yeah, he becomes the commissioner November 20th. The first meeting will be December 13th, and I think that's when, if there's a swearing in, he can -- COMMISSIONER HENNING: Okay. And then we need to pick a vice chair. Is there any prohibition of -- do a vice chair and a chair at the December meeting? MR. KLATZKOW: No. COMMISSIONER HENNING: Okay. That's all I have. MR. OCHS: That meeting date is December 11th rather than the 13th. COMMISSIONER HILLER: December 1 lth? MR. OCHS: That's the board meeting, December 11th. CHAIRMAN COYLE: Okay. Then no other comments. We're MR. OCHS: Oh, did Commissioner Coletta get a chance? Is he still on? CHAIRMAN COYLE: Oh, Commissioner Coletta, are you still there? He's smart. COMMISSIONER HENNING: Motion to adjourn. CHAIRMAN COYLE: He's gone. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. We are adjourned, ladies and gentlemen. Thank you. Page 175 October 9, 2012 **** Commissioner Fiala moved, seconded by Commissioner Hiller and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 AWARD A CONSTRUCTION CONTRACT TO BETTER ROADS, INC., FOR BID NO. 12-5937, INDUSTRIAL BOULEVARD (RADIO ROAD TO MERCANTILE AVE) ROADWAY IMPROVEMENT PROJECT NO. 60188.4 FUNDED BY THE NAPLES PRODUCTION PARK MSTU, IN THE AMOUNT OF $473,312.96 PLUS A TEN (10) PERCENT CONTINGENCY OF $47,331.30 TOTALING $520,644.26 — CONSISTS OF MILLING, RESURFACING, CONSTRUCTION OF PAVED SHOULDERS AND DRAINAGE IMPROVEMENTS OF SOME SWALES Item #16A2 AGREEMENT #4600002607 WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN THE AMOUNT OF $240,000 FOR CONTINUED COLLECTION OF SURFACE WATER QUALITY SAMPLES IN COLLIER COUNTY— ADDING FIVE WATER SAMPLING COLLECTION SITES NEAR LAKE TRAFFORD TO THE TWENTY-SIX CURRENT SITES SAMPLED MONTHLY Item #16A3 RESOLUTION 2012-177: AN EMERGENCY BEACH RENOURISHMENT RESOLUTION TO MAKE A FINDING THAT THE VANDERBILT BEACH AND NAPLES BEACHES ARE CRITICALLY ERODED AND TDC FUNDS CAN BE USED FOR RENOURISHMENT, TO ALLOW AN EXPEDITED Page 176 October 9, 2012 COMPETITIVE PROCESS TO RENOURISH THE BEACHES, AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO APPROVE A CONTRACT BUT NOT ISSUE A NOTICE-TO- PROCEED UNTIL CONTRACT RATIFICATION BY THE BOARD, AUTHORIZE EXPENDITURE OF UP TO $650,000 OF CATEGORY A TOURIST DEVELOPMENT FUNDS, AND APPROVE ALL NECESSARY BUDGET AMENDMENTS Item #16A4 RESOLUTION 2012-178: AUTHORIZING A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF THE SOUTHERLY 5-FEET OF AN EXISTING 10-FOOT UTILITY EASEMENT LOCATED IN LOT 1, BLOCK I, GULF ACRES, RECORDED IN PLAT BOOK 1, PAGE 111, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FL (PETITION VAC-PL20120001426) Item #16C1 — Moved to Item #11E (During Agenda Changes) Item #16D1 AN INTERLOCAL AGREEMENT WITH EVERGLADES CITY TO PROVIDE FUNDING ASSISTANCE IN THE AMOUNT OF $5,000 TO EVERGLADES CITY FOR IMPROVEMENTS TO MCLEOD COMMUNITY PARK — FOR THE PURCHASE OF ENGINEERED WOOD CHIPS TO BE PLACED UNDER PLAYGROUND FACILITIES FOR IMPROVED SAFETY, DRAINAGE AND CUSHIONING Item #16D2 FOUR AGREEMENTS ALLOWING PARTICIPATION IN Page 177 October 9, 2012 ALTERNATIVE INTERGOVERNMENTAL TRANSFER PROGRAMS (IGT): TWO BETWEEN THE COUNTY AND AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA), ONE BETWEEN THE COUNTY AND PHYSICIANS REGIONAL MEDICAL CENTER AND ONE WITH NAPLES COMMUNITY HOSPITAL. THE COUNTY'S CURRENTLY BUDGETED FINANCIAL COMMITMENT IS $2,097,484 — TO IMPROVE THE QUALITY OF CARE & HEALTH OF LOW INCOME PERSONS Item #16D3 AN AGREEMENT IN THE AMOUNT OF $225,759 WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION AND AN AGREEMENT WITH COLLIER HEALTH SERVICES (CHS) TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM. PROGRAM PARTICIPATION WILL GENERATE $308,329 IN FEDERAL MATCHING FUNDS TO PROVIDE ADDITIONAL HEALTH SERVICES FOR CITIZENS IN COLLIER COUNTY — FOR THE MEDICAID LOW INCOME POOL PROGRAM THAT PROVIDES HEALTH RELATED SERVICES FOR THE COUNTY'S LOW INCOME RESIDENTS Item #16D4 MEMORANDUMS OF UNDERSTANDING WITH SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC. FOR DELIVERY OF THE 21ST CENTURY COMMUNITY LEARNING CENTERS SWIMMING SKILLS & DROWNING PREVENTION PROGRAMS "MIRACLE PLUS 1 AND MIRACLE PLUS 2" — TO PROVIDE SWIM LESSONS, DROWNING PREVENTION AND RECREATION CAMPS TO ELEMENTARY AGE CHILDREN IN IMMOKALEE Page 178 October 9, 2012 Item #16D5 BUDGET AMENDMENTS FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FISCAL YEAR 2012-2013 BUDGET APPROVED IN THE HUD ACTION PLAN FOR ENTITLEMENT FUNDS AND AUTHORIZE THE CHAIR TO SIGN THE STANDARD HUD AGREEMENT FORMS UPON ARRIVAL. THE FUNDS ARE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SHELTER GRANT (ESG) FOR CONTINUATION OF SERVICES. PROJECT START DATES AND TIMELY USE OF FEDERAL FUNDS IS DEPENDENT ON THIS ACKNOWLEDGEMENT OF FUNDING — CHAIR TO SIGN ASSOCIATED AGREEMENTS WITH THE CERTIFICATES SIGNED AT A LATER DATE WITHOUT FURTHER BOARD ACTION Item #16D6 INVITATION TO BID (ITB) #12-5918 "BOAT RAMP REPAIR" FOR THE PORT OF THE ISLANDS MARINA PROJECT #80215 TO CB CONSTRUCTION SERVICES CORP. AND AUTHORIZE CHAIRMAN TO EXECUTE A CONTRACT AND NECESSARY BUDGET AMENDMENT IN THE AMOUNT OF $98,747 — BOATS ON TRAILERS THAT USE THE RAMP TO ENTER & EXIT THE WATER HAS ERODED THE EDGES AT THE END OF THE RAMP Item #16D7 RESOLUTION 2012-179: PROVIDING AFTER THE FACT Page 179 October 9, 2012 APPROVAL FOR SUBMITTAL OF SHIRLEY CONROY RURAL AREA CAPITAL EQUIPMENT SUPPORT GRANT IN THE AMOUNT OF $70,000 TO THE FLORIDA COMMISSION FOR TRANSPORTATION DISADVANTAGED FOR PROCUREMENT AND INSTALLATION OF A CALL CENTER SOFTWARE TELEPHONE SYSTEM AND CERTIFICATION MODULE FOR THE PARATRANSIT SYSTEM AND AUTHORIZING THE CHAIRMAN TO SIGN THE GRANT AND ALL APPLICABLE DOCUMENTS Item #16D8 THE COLLIER COUNTY UNIVERSITY EXTENSION DEPARTMENT'S REQUEST FOR FUNDING FROM COLLIER COUNTY'S 4-H ASSOCIATION IN THE AMOUNT OF $71,350, APPROVE SUBSEQUENT ACCEPTANCE OF THE FUNDS, AUTHORIZE THE CHAIRMAN TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE 4-H ASSOCIATION TO FUND OUTREACH COORDINATORS AND ENHANCE OUTREACH ACTIVITIES MANAGED BY COLLIER COUNTY'S UNIVERSITY OF FLORIDA/IFAS EXTENSION DEPARTMENT AND AUTHORIZE A SUBSEQUENT BUDGET AMENDMENT — FOR THE OUTREACH COORDINATOR'S SALARY AND FOR ACTIVITIES IN AND AFTER SCHOOL IN COLLIER COUNTY COMMUNITIES Item #16D9 — Withdrawn (Per Agenda Change Sheet) AMENDMENT #2 TO CONTRACT NO. 11-5753, ELECTRONIC FAREBOXES FOR THE COLLIER AREA TRANSIT (CAT) INTELLIGENT TRANSPORTATION SYSTEMS (ITS) PROGRAM, AND APPROVE THE SOFTWARE LICENSE Page 180 October 9, 2012 AGREEMENT BETWEEN FARE LOGISTICS CORPORATION AND COLLIER COUNTY Item #16D10 RESOLUTION 2012-180: AUTHORIZING A MULTI-YEAR JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) THROUGH FEDERAL PASS-THROUGH 49 U.S.C. § 5311 FUNDING UNDER CONTRACT NUMBER AQR01 PROVIDING PUBLIC TRANSPORTATION SERVICES IN COLLIER COUNTY'S NON-URBANIZED AREAS IN THE AMOUNT OF $272,797 WITH A FY12/13 LOCAL MATCH IN THE AMOUNT OF $272,797 AND APPROVE THE NECESSARY BUDGET AMENDMENTS — TO SUPPORT OPERATIONAL, ADMINISTRATIVE AND MANAGERIAL FUNDING FOR PUBLIC TRANSPORTATION SERVICES IN THE COUNTY'S NON-URBANIZED AREAS Item #16D11 GRANT APPLICATION FOR THE 2012/2013 CONGESTION MANAGEMENT SYSTEM/INTELLIGENT TRANSPORTATION STAKEHOLDERS (CMS/ITS) BOX FUNDING IN THE AMOUNT OF $276,000 THROUGH THE FEDERAL TRANSIT ADMINISTRATION (FTA) TRANSPORTATION ELECTRONIC AWARD MANAGEMENT (TEAM) SYSTEM — FOR ANNUAL MAINTENANCE COSTS OF EACH SHELTER INCLUDING THE TRANSIT VENDOR'S CONTRACT AND TO REPAINT/REPAIR THE SHELTERS EVERY SIX TO SEVEN YEARS Item #16D12 Page 181 October 9, 2012 CONTRACT AMENDMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. TO REFLECT ADDITIONAL GRANT FUNDS FOR SENIOR MEALS OF $27,262 AND COUNTY MATCH OF $3,029.11 IN THE AGGREGATE AMOUNT OF $30,291.11 FOR THE FY12 OLDER AMERICANS ACT PROGRAM TITLE III, AND AUTHORIZE NECESSARY BUDGET AMENDMENTS — TO PROVIDE CONGREGATE AND HOME DELIVERED MEALS THROUGH DECEMBER 31, 2012 WHEN THE CONTRACT EXPIRES Item #16D13 THIS ITEM CONTINUED FROM THE SEPTEMBER 25, 2012 BCC MEETING. RESOLUTION 2012-181: REPEALING 2009-296 TO ESTABLISH A REVISED COLLIER COUNTY PUBLIC LIBRARY FEE & FINE SCHEDULE — INCLUDES AFTER HOUR RATES FOR SOUTH REGIONAL LIBRARY MEETING ROOM Item #16E1 VOLUNTEER FIRE ASSISTANCE GRANT AWARD IN THE AMOUNT OF $2,112 TO PURCHASE CLASS A FOAM FOR THE OCHOPEE FIRE CONTROL DISTRICT AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS. (LOCAL MATCH $1,056) Item #16E2 SOLE SOURCE PURCHASE OF EQUIPMENT AND SERVICES FOR THE 800 MHZ PUBLIC SAFETY RADIO SYSTEM — FOR Page 182 October 9, 2012 BOARD APPROVED CONTRACT #94-2201 WITH ERICSSON, INC., NOW HARRIS CORPORATION FOR THE TRUNKED RADIO SYSTEM, WITH SYSTEM MAINTENANCE PROVIDED BY HARRIS CORPORATION, THE MANUFACTURE, AND NEW UNITS AND MAINTENANCE TO BE PROVIDED BY AN AUTHORIZED RESELLER AT THE DIRECTION OF HARRIS Item #16E3 ROUTINE AND CUSTOMARY BUDGET AMENDMENTS APPROPRIATING APPROXIMATELY $3,085,820.51 OF FY12 CARRY FORWARD FOR APPROVED OPEN PURCHASE ORDERS INTO FY 2013 FOR OPERATING BUDGET FUNDS (THIS IS A COMPANION TO ITEM #17B) Item #16E4 RETROACTIVE (EFFECTIVE SEPTEMBER 26, 2012) REQUEST FOR A WAIVER OF COMPETITION TO AUTHORIZE FUEL PURCHASES AND PAYMENTS UNDER STATE OF FLORIDA CONTRACT (#405-000-10-1) TO MANSFIELD OIL COMPANY, LLC TO FILL COUNTY OWNED FIXED FUEL TANKS AT FLEET MANAGEMENT OPERATIONS; TO ADD "TANK WAGON" SERVICES TO CONTRACT #10-5581, MOTOR OILS AND LUBRICANT WITH COMBS OIL; AND AUTHORIZE PURCHASES AND PAYMENTS TO MANSFIELD OIL COMPANY, LLC FOR COUNTY OWNED FIXED FUEL TANKS AT THE FLEET MANAGEMENT OPERATION AND TO COMBS OIL FOR "TANK WAGON" SERVICES — FOR COUNTY VEHICLES, EQUIPMENT, MARINA RESALE TO THE PUBLIC, CAT BUSES AND EMERGENCY GENERATORS Page 183 October 9, 2012 Item #16F1 RESOLUTION 2012-182: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2012-13 ADOPTED BUDGET Item #16G1 RESOLUTION 2012-183: AUTHORIZING SIGNATURE OF JOINT PARTICIPATION AGREEMENT NO. AQR24 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, ACCEPTING A GRANT IN THE AMOUNT OF $35,312 FOR DESIGN, PERMITTING & BIDDING OF RUNWAY 17-35 PAVEMENT RESTORATION AT THE MARCO ISLAND EXECUTIVE AIRPORT, AND TO AUTHORIZE ASSOCIATED BUDGET AMENDMENTS Item #16G2 RESOLUTION 2012-184: AUTHORIZING EXECUTION OF JOINT PARTICIPATION AGREEMENT NO. AQR22 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, ACCEPTING A GRANT IN THE AMOUNT OF $39,642 FOR THE DESIGN, PERMITTING AND BIDDING OF RUNWAY 9-27 PAVEMENT RESTORATION AT THE IMMOKALEE REGIONAL AIRPORT, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS Item #16G3 RESOLUTION 2012-185: AUTHORIZING EXECUTION OF Page 184 October 9, 2012 SUPPLEMENTAL AGREEMENT #1 TO JOINT PARTICIPATION AGREEMENT NO. AQ122 FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING ADDITIONAL FUNDS IN THE AMOUNT OF $6,121 FOR SECURITY SYSTEM UPGRADES AT MARCO ISLAND EXECUTIVE AIRPORT, AND AUTHORIZING THE NECESSARY BUDGET AMENDMENTS Item #16H1 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE, SHE ATTENDED THE PARKINSON ASSOCIATION LUNCHEON ON SEPTEMBER 12, 2012. $11.48 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT NAPLES RED LOBSTER, 2355 N. US 41 Item #16H2 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE, HE ATTENDED THE IMMOKALEE CHAMBER OF COMMERCE MONTHLY BREAKFAST MEETING AT ROMA HAVANA RESTAURANT IN IMMOKALEE, FL ON MAY 2, 2012. $10 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET — LOCATED AT 1025 W. MAIN STREET, IMMOKALEE Item #16H3 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A Page 185 October 9, 2012 FUNCTION SERVING A VALID PUBLIC PURPOSE, HE ATTENDED THE IMMOKALEE CHAMBER OF COMMERCE MONTHLY BREAKFAST MEETING AT ROMA HAVANA RESTAURANT IN IMMOKALEE, FL ON AUGUST 1, 2012, $10 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET — LOCATED AT 1025 W. MAIN STREET, IMMOKALEE Item #16I 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 Item #16I2 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 Page 186 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 9, 2012 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Miscellaneous Correspondence: 1) Collier Soil & Water Conservation District: General Financial Statements and Independent Auditor Reports for Year Ending 9.30.10 State of Florida Annual Local Government Financial Report for FY 2009-2010 General Financial Statements and Independent Auditor Reports for Year Ending 9.30.11 State of Florida Annual Local Government Financial Report for FY 2010-2011 Correspondence dated 8.15.12 and 8.29.12 Profit and Loss Budget Overview for October 2012 through September 2013 2) Riviera Golf Estates Homeowners Association: Annual Member Meeting Agenda 2.22.12 3) Port of the Islands Community Improvement District: Public Meeting Schedule FY 2013 8.21.12 Meeting Minutes 6.15.12; 7.20.12 Meeting Agenda 6.15.12; 7.20.12 4) Golden Gate Fire Control and Rescue District: Annual Financial Report FY ending 9.30.11 Financial Statement and Recommendations from a 2011 Independent Audit received 4.23.12 5) Heritage Greens Community Development District: Meeting Minutes and Agenda 5.21.12 October 9, 2012 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 8, 2012 THROUGH SEPTEMBER 14, 2012 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 15, 2012 THROUGH SEPTEMBER 21, 2012 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J3 TAX COLLECTOR REQUEST FOR ADVANCE COMMISSIONS IN ACCORDANCE WITH FLORIDA STATUTE 192.102 (1) FOR FY2013 — FOR 1/12 OF COMMISSIONS ON COUNTY TAXES LEVIED ON THE COUNTY TAX ROLL FOR THE YEAR 2011 IN THE AMOUNT OF $963,023.80 Item #16K1 — Continued Indefinitely (Per Agenda Change Sheet) TERMINATION OF THE INTERLOCAL AGREEMENT BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND THE COLLIER COUNTY AIRPORT AUTHORITY FOR THE IMMOKALEE BUSINESS DEVELOPMENT CENTER Item #16K2 RESOLUTION 2012-186: A RESOLUTION FORMALLY ELECTING THE MEDICAID SETTLEMENT OPTION SET Page 187 October 9, 2012 FORTH IN PARAGRAPH 3 OF THE AMENDED STIPULATION PROVIDING FOR DISMISSAL OF SOME PARTIES AND ABATEMENT OF CASE FOR REMAINING PARTIES FILED IN ALACHUA COUNTY, FLORIDA ET AL V. ELIZABETH DUDEK, ET AL; CASE NO.: 2012-CA-1328, SECOND JUDICIAL CIRCUIT, LEON COUNTY, FLORIDA, AS IT RELATES TO LITIGATION CHALLENGING THE CONSTITUTIONALITY OF CHAPTER 2012-33, LAWS OF FLORIDA (HB 5301) AND AUTHORIZE THE CHAIRMAN TO SIGN THE MEDICAID PAYMENT PLAN AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA) Item #16K3 — Moved to Item #12A (During Agenda Changes) Item #17A ORDINANCE 2012-40: AMENDING COLLIER COUNTY ORDINANCE NO. 91-107, AS AMENDED (THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT), TO INCORPORATE PROVISIONS TO FACILITATE THE CONSTRUCTION OF ROADWAYS AND ROADWAY IMPROVEMENTS WITHIN THE MSTU BOUNDARIES Item #17B RESOLUTION 2012-187: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2012-13 ADOPTED BUDGET (THIS IS A COMPANION TO ITEM #16E3) Item #17C Page 188 October 9, 2012 THIS ITEM HAS BEEN CONTINUED TO THE OCTOBER 23, 2012 BCC MEETING. PETITION VAC-PL20120001606, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND PUBLIC'S INTEREST IN A PORTION OF STATE ROAD NO. 29 (A.K.A. COPELAND AVENUE SOUTH) A 200-FOOT PUBLIC ROAD RIGHT-OF-WAY, PART OF SECTION 23, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A Page 189 October 9, 2012 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:11 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UN ^ER ITS CONTROL FRED COYLE, CHAI ' A N ATTF �_ DWIGUIT E.f B1 OCK, CLERK These minutes approved by the Board on Kiove.►y-1(0-oc 15)2-1)(2— , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 190