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BCC Minutes 09/25-26/2012 R BCC REGULAR MEETING MINUTES SEPTEMBER 25-26, 2012 September 25-26, 2012 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida September 25-26, 2012 LET IT BE REMEMBERED, that the Collier County Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta Donna Fiala Tom Henning Georgia Hiller ALSO PRESENT: Jeffrey Klatzkow, County Attorney Leo E. Ochs, Jr., County Manager Ian Mitchell, Executive Manager to BCC Crystal Kinzel, Office of the Clerk of Courts Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority o1 1 1, !1• • r nom' , s AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 September 25, 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 COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 September 25,2012 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 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. August 24, 2012 - BCC/Emergency Meeting (Tropical Storm Isaac) C. September 6, 2012 - BCC/Budget Hearing 3. SERVICE AWARDS A. EMPLOYEE Page 2 September 25, 2012 1) 20 Year Attendees a) Timothy Stick, Building Review & Permitting 2) 25 Year Attendees a) David Streit, Water 4. PROCLAMATIONS A. Proclamation congratulating Collier County Emergency Medical Services for receiving accreditation from the Commission on Accreditation of Ambulance Services (CAAS) for its compliance with national standards of excellence. To be accepted by Robert Tober, M.D. Sponsored by Commissioner Coyle. B. Proclamation designating October 2, 2012 as Livestrong Day in Collier County. To be accepted by Jennifer Sam, Southwest Florida Livestrong Leader. Sponsored by Commissioner Coletta. C. Proclamation recognizing and congratulating Arthrex, Inc., on receiving the WRAP award for its continued efforts to promote waste reduction, reuse, recycling and environmental awareness. To be accepted by Michael Dock, CSP, EHS Manager and Rick Novak, Machine Operator and Green Team Leader. Sponsored by the Board of County Commissioners. 5. PRESENTATIONS A. Recommendation to recognize Nancy Frye, Technician, Traffic Engineering Department, as the Employee of the Month for August, 2012. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS Item 8 and 9 to be heard no sooner than 1:00 pm unless otherwise noted. Page 3 September 25,2012 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the June 18, 2012 BCC Meeting, then again from the September 11, 2012 BCC Meeting Recommendation of Reconsideration of CP-2008-5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, re-designation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, the petition requests an amendment to Policy 6.2.5 of the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention, and to the Future Land Use Map and Map Series of the Future Land Use Element to show the re-designation of the 103 acres to the Immokalee Urban Area. .1429.G1-140-1-e-'• B. Recommends on to consider the following Land Development Code Amendments: Bayshore Triangle CRA Amendments and Wellfield and related Amen ments will be heard at 5:05 p.m. time certain)JAn Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter 1 — General Provisions, including Section 1.08.02 Definitions; Chapter 2 —Zoning Districts and Uses, including Section 2.03.01 Agricultural Zoning Districts, Section 2.03.08 Rural Fringe Zoning Districts; Chapter Three —Resource Protection, including Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, Section 3.05.05 Criteria for Removal of Protected Vegetation, Section 3.05.07 Preservation Standards, Section 3.06.06 Regulated Wellfields, Section 3.06.07 Unregulated Wellfields, Section 3.06.12 Regulated Development; Chapter Four— Site Design and Development Standards, Page 4 September 25,2012 including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.04 Standards for Cluster Residential Design, Section 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts, Section 4.05.02 Design Standards, Section 4.05.04 Parking Space Requirements, Section 4.06.02 Buffer Requirements, Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way, Section 4.06.04 Trees and Vegetation Protection, Section 4.07.02 Design Requirements; Chapter Five — Supplemental Standards, including Section 5.03.02 Fences and Walls, Section 5.06.02 Development Standards for Signs within Residential Districts, Section 5.06.03 Development Standards for Signs for Institutional Uses, Section 5.06.04 Development Standards for Signs in Nonresidential Districts, Section 5.06.05 Exemptions from these Regulations; Chapter Six— Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.02.01 Generally, Section 6.02.03 Transportation Level of Service Requirements, Section 6.06.01 Street System Requirements, Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements; Chapter Nine —Variations from Code Requirements, including Section 9.03.02 Requirements of Continuation of Nonconformities, Section 9.04.02 Types of Variances Authorized; Chapter Ten—Application, Review, and Decision-making Procedures, including Section 10.01.02 Development Orders Required, Section 10.02.03 Submittal Requirements for Site Development Plans, Section 10.02.05 Submittal Requirements for Improvements Plans, Section 10.02.06 Submittal Requirements for Permits, Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, Section 10.02.13 Planned Unit Development (PUD) Procedures, Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, The Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board, Section 10.08.00 Conditional Uses Procedures; Appendix A— Standard Performance Security Documents for Required Improvements; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. And An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter 1 — General Provisions, including Section 1.08.02 Page 5 September 25,2012 Definitions; Chapter 2 —Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Four— Site Design and Development Standards, including Section 4.02.16 Design Standards for Development in the BMUD-Neighborhood Commercial Subdistrict, Section 4.02.17 Design Standards for Development in the BMUD-Waterfront Subdistrict, Section 4.02.18 Design Standards for Development in the BMUD-Residential Subdistrict (R1), Section 4.02.19 Design Standards for Development in the BMUD-Residential Subdistrict (R2), Section 4.02.20 Design Standards for Development in the BMUD-Residential Subdistrict (R3), Section 4.02.21 Design Standards for Development in the BMUD- Residential Subdistrict (R4), Section 4.02.35 Design Standards for Development in the GTMUD-Mixed Use Subdistrict (MXD), Section 4.02.36 Design Standards for Development in the GTMUD-Residential Subdistrict (R); Chapter Ten— Application, Review, and Decision-making Procedures, including, Adding Section 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. 10. BOARD OF COUNTY COMMISSIONERS A. Request for reconsideration by Commissioner Hiller of Item #14A1 from the September 11, 2012 BCC Meetinji titled: Recommendation to approve after-the fact acceptance of a Federal Aviation Administration (FAA) grant offer of$713,565 for design, permitting and bidding of Runway #9-27 pavement restoration at the Immokalee Regional Airport, and associated budget amendments. B. Request for reconsideration by Commissioner Henninji of Item #9A from the September 11, 2012 BCCMeetinr titled: Recommendation of Reconsideration of CP-2008-5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, re-designation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, the petition requests an amendment to Policy 6.2.5 Page 6 September 25, 2012 of the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention, and to the Future Land Use Map and Map Series of the Future Land Use Element to show the re-designation of the 103 acres to the Immokalee Urban Area. (This item was continued from the September 11, 2012 BCC Meeting and appears on this agenda as Item #9A) C. Appointment of members to the Immokalee Beautification MSTU Advisory Committee. D. Appointment of members to the Affordable Housing Advisory Committee. E. Appointment of member to the Collier County Planning Commission. F. Appointment of member to the Environmental Advisory Council G. Appointment of two Board of County Commissioners to the Value Adjustment Board, with one Commissioner to act as Chairman. The remaining Commissioners to serve as alternates. H. Recommendation to appoint a County Commissioner to serve on the Southwest Florida Regional Planning Council. I. To give the Board of County Commissioners an update on the RESTORE Act Meeting held on September 19, 2012- Commissioner Fiala. J. The annual performance appraisal of the Executive Manager to the Board of County Commissioners. 11. COUNTY MANAGER'S REPORT A. Recommendation to award Agreement #12-5901 for Construction Engineering and Inspection (CEI) and Related Services for US41 & SR/CR 951 Intersection Improvements and SR951 (Collier Boulevard) 3R Improvements"; to Atkins, North America, Inc.: Project No. 60116, Fiscal Impact $1,748,086.25. (Marlene Messam, Growth Management Sr. Project Manager) Page 7 September 25,2012 B. Recommendation to award a construction contract in the amount of $1,381,990.36 to Bonness, Inc. and reserve 10% ($138,199.04) on the purchase order for contingency, for a total of$1,520,189.40 for ITB #12-5946 "LASIP Outfalls 3 and 4 Canals Stormwater Improvements", Project No. 51101. (Jay Ahmad, Transportation Engineering Director) C. This item to be heard at 10:00 a.m. Recommendation to approve an Emergency Truck Haul beach renourishment for a portion of Vanderbilt and Naples beaches; approve a six year design and permitting plan for the FY2013/14 Vanderbilt, Park Shore and Naples beach renourishment; and direct the County Manager or designee to review the scope of the Marco Island Beach re-nourishment and discuss options with the Coastal Advisory Committee (CAC), Tourist Development Council (TDC) and Marco Island with respect to a commensurate level of renourishment consistent with county wide funding reductions. (Bill Lorenz, Growth Management Comprehensive Planning Director) D. This is a quasi-judicial hearing. This item requires that ex parte disclosure be provided by commission members and all participants are required to be sworn in. Recommendation to hear testimony from American Medical Transport and the public to determine the need for an additional Class 2 post-hospital inter-facility transport ambulance transfer service in Collier County. (Dan Summers, Bureau of Emergency Services) E. Recommendation to approve the Site Improvement Plan and authorize the Chair to sign the Compliance Agreement for the Star Mobile Home Park located at 1507 Immokalee Drive, Immokalee, Florida. (Diane Flagg, Code Enforcement Director) F. Recommendation to approve purchase of Group Dental Insurance through Cigna Dental Plan, Inc. for a two year period effective January 1, 2013 in an estimated annual premium of$1,626,697, a reduction of$103,824. (Jeff Walker, Risk Management Director) G. Recommendation to approve the purchase of Liability, Automobile, Workers' Compensation, Flood, Aircraft, Airport and other insurance coverage and services for FY 2013 in the annual amount of$1,325,228, a reduction of$37,923. (Jeff Walker, Risk Management Director) Page 8 September 25,2012 H. Recommendation to complete the Annual Performance Appraisal for the County Manager. (Leo E. Ochs, Jr., County Manager) Recommendation the Board of County Commissioners indicates its intent to extend the County Manager Employment Agreement with Leo E. Ochs, Jr., fixing the end date of the first extension term as September 30, 2015, and amending the Agreement to comport with Ch. 2011-143, Florida Statutes. (Leo E. Ochs, Jr., County Manager) 12. COUNTY ATTORNEY'S REPORT A. 11:30 a.m. Time Certain. This item to be heard immediately precedinji the Closed Attorney-Client Session. That the Board consider a Settlement Agreement in the lawsuits entitled, Francis D. Hussey, Jr., et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1224; and Sean Hussey, et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1223., and authorize the Chairman to execute the Settlement Agreement. B. 12:00 Noon. Time Certain Notice of Closed Session. Notice is hereby given that, pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in Closed Attorney- Client Session on TUESDAY, SEPTEMBER 25, 2012. The session will be held at a time certain of 12:00 noon, in the Commission's Office Conference Room, 3rd Floor, W. Harmon Turner Administration Building F, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager Leo Ochs, and County Attorney Jeffrey Klatzkow will be in attendance. The Board in Closed Executive Session will discuss: Strategy session related to settlement negotiations and litigation expenditures in the pending cases of: Francis D. Hussey, Jr., et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1224; Sean Hussey, et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1223. C. 1:00 P.M. Time Certain Return from Closed Session. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and litigation expenditures in the pending cases of: Francis D. Hussey, Jr., et al. v. Collier County, et al., Second Page 9 September 25,2012 District Court of Appeal Case No. 2D11-1224; Sean Hussey, et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1223. D. The Annual Performance Appraisal for the County Attorney. E. Recommendation that the Board of County Commissioners reviews and approves the proposed FY2012 - 2013 Action Plan for Jeffrey A. Klatzkow, County Attorney. F. Recommendation the Board of County Commissioners indicates its intent to extend the County Attorney Employment Agreement with Jeffrey A. Klatzkow, fixing the end date of the second extension term as September 30, 2015, and amending the Agreement to comport with Ch. 2011-143, Florida Statutes. 13. OTHER CONSTITUTIONAL OFFICERS A. This item continued from the July 24, 2012 BCCMeetin Recommendation to approve and authorize the Chairman to sign an Agreement Authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Valencia Lakes Subdivision. B. 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 1) Recommendation to approve the Selection Committee rankings for RFP #12-5885 for Engineering Consulting Services for the Design, Permitting and Bid of Immokalee Regional Airport and Marco Island Executive Airport Runway Rehabilitation and direct staff to bring a negotiated contract to the Board for subsequent approval. B. COMMUNITY REDEVELOPMENT AGENCY Page 10 September 25, 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 approve Change Order No. 4 to Contract #09-5278 for an additional 942 days with Stanley Consultants, Inc., for Design & Related Services for the Intersection Capacity Improvements to US 41 and SR/CR 951 Intersection and Resurfacing, Restoration and Rehabilitation (3R) roadway improvements to SR951; Project #60116; Fiscal Impact: $0.00. 2) Recommendation to approve an Adopt-A-Road Program Agreement for Devonshire Boulevard from Santa Barbara Boulevard to Radio Road for the volunteer group, The Peppe Fox Partners. 3) Recommendation to approve the release of lien in the amount of $3,612.29 for payment of$562.29, in the Code Enforcement Action entitled Board of County Commissioners vs. Palmira Munoz, Code Enforcement Case Number CESD20100018348, relating to property located at 2051 44th Terrace SW, Collier County, Florida. 4) Recommendation to authorize a budget amendment to recognize revenue for projects within the Transportation Supported Gas Tax Fund (313) in the amount of$74,159.20 and to authorize a refund of $11,272.35 from the Countywide Pathways fund. 5) Recommendation to grant final approval of private roadway and drainage improvements for the final plat of Valencia Lakes —Phase 4-A, PPL-AR3124 with roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Page 11 September 25, 2012 6) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Piacere —Pavia, Tract FD2 Replat, Application Number PL20120001564. 7) Recommendation to accept a schedule to review past staff clarifications of the Land Development Code (LDC) and to accept specific Staff Clarifications attached to this Executive Summary. 8) Recommendation to declare Fisher Scientific as sole source vendor and request authorization to purchase a Dionex Ion Chromatogram Capillary System in the amount of$58,270.53 for the Natural Resources Department. 9) Recommendation to ratify the County Manager's determination of the existence of a local shoreline emergency at the Pelican Bay Southern Beach Facility in the vicinity of FDEP Monument R-41 and to allow temporary emergency mitigation and repair activities without requiring a Florida Department of Environmental Protection permit. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve Contract#12-5863 between the Collier County Community Redevelopment Agency (CRA) and URS to perform Construction Engineering Inspection (CEI) Services for the Immokalee Downtown Stormwater Improvement Project. (Fiscal Impact: $67,950). 2) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Lease Agreement with Smith Plastering, Inc., permitting them to operate a local, owner operated business on CRA owned property located at 1991 Tamiami Trail East, in the Gateway Mini-Triangle. 3) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Site Improvement Grant Agreement that is financially assisted by a Fifth Third Bank grant award between the Page 12 September 25,2012 CRA and a Grant Applicant within the Bayshore Gateway Triangle area. ($2,443.41) 4) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Site Improvement Grant Agreement that is financially assisted by a Fifth Third Bank grant award between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. ($853.37) C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve a time and materials contract with Agnoli Barber & Brundage in the not-to-exceed amount of$243,631 for Request for Proposal #12-5883, "Master Pumping Station 312 Professional Services During Construction," Project Number 72549. 2) Recommendation to approve the annual rate resolution to establish fees, rates, and charges for the use of Collier County Solid Waste Facilities, including landfill tipping fees, recycling drop-off center fees, and residential multi-family and commercial waste collection fees for FY13. This resolution adopts the rates that fund the FY13 Budget for solid waste collection and disposal. 3) Recommendation to approve a contract with Johnson Engineering, Inc., in the not-to-exceed amount of$234,470 for Request for Proposal #12-5919, "Utility Design Engineering Services ,U.S. 41 from CR951 to Greenway Road", Project Numbers 70045 and 73045. D. PUBLIC SERVICES DIVISION 1) Recommendation to recognize the transfer of responsibilities as Lead Agency from Collier County Housing, Human and Veteran Services (HHVS) to Collier County Hunger and Homeless Coalition (HHC) as they are designated the Collaborative Applicant/Lead Agency for the purposes of submitting Continuum of Care grant applications to the U.S. Department of Housing and Urban Development. 2) Recommendation to authorize the Chairman to sign Agreement #12-5944, Child Advocacy Agreement for Mandated Services with Page 13 September 25, 2012 the Collier County Child Advocacy Council, Inc., to provide for mandated services identified under Florida Statute 39.304(5). The agreement will have a fiscal impact of$70,000. 3) Recommendation to accept Library Services and Technology Act (LSTA) Grant "Collier Connects" funds in the amount of$27,154; a partial match contribution from Friends of the Library in the amount of$3,800; approve balance of local match from the Libraries General Fund (001) in the amount of$11,373, approve E-Government Policy and Library partnership with Access Florida. 4) Recommendation to approve and execute a five-year Joint Participation Agreement (JPA) with Florida Department of Transportation in the amount of$1,776,556 under State Transit Block Grant Program Contract #AQQ16 providing for State funding for eligible Collier County public fixed-route transit administrative, management and operational expenses in the amount of$888,278 as well as a FY2012/2013 local match in the amount of$888,278. 5) Recommendation to accept the Conservation Collier Annual Report. 6) 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. 7) Recommendation to award Bid #12-5900 to Quality Enterprises USA, Inc., in the amount of$594,692.86 for the construction contract of the Bayview Park Phase II & III Project No. 80060, authorize budget amendments totaling $369,355.83 and authorize the Chairman to sign the County Attorney approved contract. 8) Recommendation to approve the award of Contract #12-5868 in the amount of$359,745 and authorize the Chairman to execute an agreement with Q. Grady Minor and Associates, P.A., for "On-Call Construction Engineering and Inspections (CEI) and Related Services" for the Gordon River Greenway Park, Goodlette-Frank and Golden Gate Parkway, Project Number 80065. Page 14 September 25,2012 9) Recommendation to comply with a Housing and Urban Development (HUD) payback disbursement directive of Federal Funds in the amount of$500,000 for a Community Development Block Grant (CDBG) project sub-awarded to Habitat for Humanity (HFH) and authorize any necessary budget amendments. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve an Amendment to the Antenna Site Agreement with SBA Towers II, LLC, related to the communications tower Agreement for the County's SafePoint Location System, a component of the County's 800 MHz public safety radio network, at a first year's estimated utility cost of$540. 2) Recommendation to approve a budget amendment in the amount of $2,890,000 from Fund 517, Group Health and Life Insurance Reserves, to pay anticipated claims expenses for the remainder of FY 2012. 3) Recommendation to approve and authorize the Chairman to sign an Assumption Agreement from Road Safe Traffic Systems, Inc. to McShea Contracting, LLC, as it relates to Contract#10-5410 "Roadway Paint, Thermoplastic Markings and Raised Markers". 4) Recommendation to approve an amendment to the Agreement for Medical Examiner Services which will extend the term of the Agreement to September 30, 2013, amend the operating cost, as well as costs relating to Information Technology and General, Property, and Liability insurances for FY2013. F. COUNTY MANAGER OPERATIONS 1) Recommendation to acknowledge receipt of the Workforce Services Plan, submitted by the Southwest Florida Workforce Development Board, Inc. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2011-12 Adopted Budget. Page 15 September 25,2012 3) Recommendation to approve, and authorize the Chairman to sign, a one-year extension to the Memorandum of Understanding between the Collier County Board of County Commissioners and the Early Learning Coalition of Southwest Florida, Inc., to provide funding in the amount of$75,000 in Fiscal Year 2013. G. AIRPORT AUTHORITY 1) Recommendation to approve a License Agreement with United Circus Operating Co., Inc. d/b/a The Kings Bros. Circus at the Immokalee Airport for a one (1) day circus event. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving as a Valid Public Purpose. She attended the East Naples Merchant Association's cocktail party September 15, 2012. The sum of$20 to be paid from Commissioner Fiala's travel budget. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence to file with action as directed. Document(s) have been routed to all Commissioners and are available for review in the BCC office until approval. 2) Advisory Board minutes and agendas to file with action as directed. Document(s) have been routed to all Commissioners and are available for review in the BCC office until approval. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of September 1, 2012 through September 7, 2012 and for submission into the official records of the Board. K. COUNTY ATTORNEY Page 16 September 25,2012 1) Recommendation to approve and authorize the Chairman to execute a Settlement and Judgment Agreement Order prior to trial in the lawsuit entitled Board of County Commissioners Collier County v. Jeffrey Lillard, filed in the Twentieth Judicial Circuit in and for Collier County, Florida. (Case No. 11-03359 -CC) for the sum of$2,844.75. 2) Recommendation to approve and authorize the Chairman to execute a mediated Settlement Agreement prior to trial in the lawsuit entitled Simina Moldovan v. Collier County, and Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 09-4781-CA) for the sum of$1,200. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ-PL20 1 1 0000406: Brynwood Center -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established comprehensive zoning regulations for unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing zoning classification of the herein described real property from an Agricultural (A) zoning district with an "ST" overlay to a Commercial Planned Unit Development (CPUD) zoning district for a project to be known as the Brynwood Center CPUD to allow construction of a maximum of 145,000 square feet of retail and office uses which include a maximum of 25,000 square feet of retail and a Page 17 September 25,2012 maximum of 60,000 square feet of medical office uses. Also permitted are hotel and motel uses at 20 units per acre and group housing (assisted living facility and independent living units) at a floor area ratio of 0.6. For each acre of group housing or hotel or motel use, 12,083 square feet of retail or office use shall be subtracted from the total amount of allowable commercial square footage. The project is located on the south side of Pine Ridge Road, approximately 980 feet east of the intersection of Livingston Road and Pine Ridge Road in Section 18, Township 48 South, Range 26 East, Collier County, Florida consisting of 13.65± acres; and providing an effective date. B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. VA-PL20110002627: Donald Gray Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA-PL2011-2627, for a variance from Land Development Code Sections 4.02.03 and 5.03.06.E.5 to permit a reduced riparian side-yard setback from 7.5 feet to 0 feet on the west side of the subject property and a reduced riparian side yard setback from 7.5 feet to 1.55 feet on the east side of the subject property located on Lot 6, Block G of the Little Hickory Shores Subdivision in Section 5, Township 48 South, Range 25 East in Collier County, Florida. C. Recommendation to adopt proposed changes to Ordinance No. 91-65, of the Affordable Housing Advisory Committee Ordinance to incorporate statutory requirements and otherwise clarify terms. D. Recommendation to adopt a resolution approving amendments (appropriating carry-forward, transfers and supplemental revenue) to the Fiscal Year 2011-12 Adopted Budget. E. Recommendation to adopt a resolution approving amendments (appropriating carry-forward, transfers and supplemental revenue) to the Fiscal Year 2012-13 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 18 September 25,2012 September 25-26, 2012 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Good morning, ladies and gentlemen. The Board of County Commissioners meeting is now in order. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE Would you please stand for the invocation to be provided by Pastor John Boutchia of the Gospel Baptist Church. PASTOR BOUTCHIA: Our gracious Father, we thank you for such a beautiful day. Thank you for the privilege of being here in Southwest Florida, what I believe to be one of the most beautiful places in all the country. Thank you that we can have this meeting today. And we ask that your hand of blessing would be upon our commissioners here today. For Fred Coyle and Jim Coletta, Donna Fiala, Georgia Hiller and Tom Henning, would you just give them wisdom today. Our understanding is that wisdom only comes from above. And so may their direction be from you. And Lord, thank you for the meeting and the things that will be discussed. We pray that you just help in all the matters that are going to be brought before them. Thank you for those that will be recognized here shortly. I think of these who have -- are receiving service awards. We thank you for Timothy Stick for 20 years of service, and David Streit, 25 years; Nancy Frye, who will be mentioned because of employee of the month in the month of August. What a privilege. Lord, our attention really also goes not just here locally but nationally as we think of our elections. We pray that, Father, your hand would be upon our country. And we understand righteousness Page 2 September 25-26, 2012 exalteth a nation but sin is a reproach to any people. And may folks get elected into offices who honor the Bible and would hold high the things of God. Thank you again for this wonderful day. Help us through it. In Jesus' name, amen. CHAIRMAN COYLE: Thank you. Please join us in the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. County Manager, will you please go through the changes to the agenda. 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, Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of September 25th, 2012. First proposed change is a request to hear Item 10.A immediately before Item 14.A.1 on your agenda today. That's at Commissioner Hiller's request. Next proposed change is to add Item 10.K to the agenda. It's a consideration of impending vacancy on the Collier County Planning Commission for District 5 representative. That item is added at Commissioner Coletta's request. Next proposed change is to withdraw Item 11.D. That was a hearing on a potential issuance of a certificate of public need and necessity. We got a call last evening from the applicant in Page 3 September 25-26, 2012 Connecticut who had taken ill and had asked for the item to be postponed 'til a later date. The next proposed change is to withdraw Item 11.E from the agenda. It's a recommendation to approve the Site Improvement Plan for a mobile home park in Immokalee. Again, we received a communication from a representative of the property owner last evening saying that they could not be present today and asked that we reschedule that at a later date. Next proposed change is to move Item 16.A.7 off of your consent agenda to become Item 11.J on the regular agenda. It's a recommendation to ratify -- for the Board to ratify past staff clarifications of Land Development Code provisions. And that is moved at Commissioner Hiller's request. The next proposed change is to add Item 10.K. It is a resolution extending the current fiscal year 2012 pay in classification plan to your next board meeting of October 9, 2012. That's at staff request. The next proposed change is to withdraw Item 16.C.1 from your consent agenda. This was a construction award and we're withdrawing that at staffs request, pending resolution of a bid protest. The next proposed change is to continue Item 16.D.5 to the October 9, 2012 BCC meeting. That has to do with the annual report from your Conservation Collier staff. Next proposed change is to continue Item 16.D.6 to the October 9th, 2012 board meeting. That's a resolution establishing some new fees for your library department. We had a couple of items that needed clarification there. We'll bring that back on the 9th. The next proposed change is to move Item 16.D.9 to become Item 11.L on your regular agenda, having to do with a payback disbursement from Habitat for Humanity to the Board. That item is moved at Commissioner Hiller's request. The next proposed change is to withdraw Item 16.G.1, and that Page 4 September 25-26, 2012 was a license agreement for the circus to be held in Immokalee. Apparently they cannot make it on that date. Next proposed change is to withdraw Item 17.0 from your summary agenda. That's a recommendation to adopt a proposed ordinance amending your Affordable Housing Advisory Committee ordinance. That request is made at staffs behest. We have one agenda note this morning, Commissioners. Item 16.D.2 should read as follows. The second sentence in the consideration section of the executive summary should read: Per Florida Statutes, subsection 39.304(5), the parents, legal guardians or legal custodians are required to reimburse the county for cost of such allowable examinations, as opposed to initial examinations. That correction is made at the staffs request. We have a number of time certain items scheduled for today's agenda, Commissioners. Item 9.B -- portions of Item 9.B, your land development code revisions, will be heard at 5:05 p.m, those revisions having to do with the Bayshore/Triangle CRA amendments and your wellfield amendments. Item 10.I will be heard at 1 :05 p.m. That's a report from Commissioner Fiala directed at the last meeting by the Board with respect to the BP oil spill and the proposed settlement between the government and the Gulf Coast states. The next time certain item is Item 11.C. That is to be heard at 10:00 a.m. regarding the proposed beach renourishment program for the next fiscal year. And we have three items related to the proposed settlement of a Burt Harris claim. The first item will be heard at 12 -- excuse me, 12.A will be heard at 11 :30. That's the staff outline of the proposed settlement as we understand the proposed terms and conditions. That will include a recommendation for some further vetting with your Planning Commission. Depending on the board's decision on Page 5 September 25-26, 2012 12.A, we may or may not then go into closed session at noon, followed by the reporting out of that closed session at 1 :00 p.m. I don't know if the County Attorney has anything else to add to that. MR. KLATZKOW: (Shakes head negatively.) MR. OCHS: No. Those are the changes that I have this morning, Mr. Chairman. CHAIRMAN COYLE: Thank you very much. County Attorney? MR. KLATZKOW: No changes, sir. CHAIRMAN COYLE: ***Okay. Then we'll go to commissioners for ex parte disclosure of the summary and consent agendas. We'll start with Commissioner Henning. COMMISSIONER HENNING: I have no changes to today's agenda. Ex parte communication, 17.A I received the staffs report to the Planning Commission. The same on 17.B. That's it. CHAIRMAN COYLE: Okay, Commissioner Coletta? COMMISSIONER COLETTA: Yes, I have no changes to the agenda. And as far as disclosure goes, 17.A, I received a staff report. And for 17.B, I've received the staff report for that one also. CHAIRMAN COYLE: Okay. And I have no further changes to the agenda. And with respect to ex parte disclosure, I also have reviewed the staff report for Item 17.A and B in the summary agenda. Commissioner Fiala? COMMISSIONER FIALA: Yes, same with me, I have no changes or corrections to the agenda. And again, 17.A and B I received staff reports. Thank you. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: I have no disclosures on consent. Page 6 September 25-26, 2012 On the summary I have staff reports for 17.A and B. And with respect to the agenda, I do have a question, and that is the item that was added after the agenda was published, which is 10.K, and I'd like an understanding why this was added after the fact and why this needs to be addressed at this meeting and can't be put on the next agenda. CHAIRMAN COYLE: Okay. MR. MITCHELL: Commissioner, I made the mistake of not advertising this position when I advertised the Planning Commissioner for District 2. I've been asked to put it on the agenda since there was this -- the item that Commissioner Henning had brought up at the last meeting, because there was a difference between the motion that was passed in the meeting when they were appointed and the resolution that was filed. But the County Attorney had then informed me that the resolution actually took precedence. So the term does expire on the 1st of October. So it was decided that, you know, because this is the Planning Commission that it needed to be addressed, at least addressed at this meeting. COMMISSIONER HILLER: I see. And Jeff, can you explain what this issue is about, the motion and the resolution? MR. KLATZKOW: Chairman Mark Strain's term expires the end of this month, I believe, or October 1st. So you will have a vacancy on the Collier County Planning Commission between now and your next meeting. And my understanding is Commissioner Coletta would like to address that issue. COMMISSIONER HILLER: I see. But we're not going to leave a vacancy, we're basically going to continue his position because we have to have an odd number of votes -- MR. KLATZKOW: No, his position expired. He's done. You Page 7 September 25-26, 2012 have an open seat now. So the question -- and Mr. Coletta will raise the issue; I'm not sure where he's going to go with this. But you have a vacancy right now. COMMISSIONER HILLER: Oh. Well, how many members are there on that board? MR. KLATZKOW: Nine. COMMISSIONER HILLER: Nine? So we have to have an odd number. MR. KLATZKOW: No, you don't have to have an odd number, but it's always helpful to have an odd -- COMMISSIONER HILLER: I would think so. MR. KLATZKOW: It's always helpful to have an odd number. COMMISSIONER HILLER: Well, I think I can -- I mean, if Commissioner Coletta doesn't want to extend his term to allow for the advertising, then what I can do is just allow Brad Schiffer's term to expire, because it also expires October 1st and then we're back to seven. MR. KLATZKOW: Yeah, these are all matters we can discuss on 10.K. COMMISSIONER HILLER: Yeah, that's fine. MR. MITCHELL: Thank you, Commissioner. CHAIRMAN COYLE: In that case, I'll entertain a motion to approve the agenda as amended. COMMISSIONER COLETTA: Motion to approve the agenda as amended. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, A motion by Commissioner Coletta to approve the agenda as amended, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. Page 8 September 25-26, 2012 COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion carries unanimously. Page 9 Proposed Agenda Changes Board of County Commissioners Meeting September 25,2012 Request to hear Item 10A immediately before Item 14A1. (Commissioner Hiller's request) Add Item 10K: Consideration of impending vacancy on the Collier County Planning Commission for District 5 representative. (Commissioner Coletta's request) Withdraw Item 11D: This is a quasi judicial hearing.This item requires that ex parte disclosure be provided by Commission members and all participants are required to be sworn in. Recommendation to hear testimony from American Medical Transport and the public to determine the need for an additional Class 2 post-hospital inter-facility transport ambulance transfer service in Collier County. (Applicant's request) Withdraw Item 11E: Recommendation to approve the Site Improvement Plan and authorize the Chair to sign the Compliance Agreement for Star Mobile Home Park located at 1507 Immokalee Drive, Immokalee,Florida. (Staffs request on behalf of property owner) Move Item 16A7 to Item 11J: Recommendation to accept a schedule to review past staff clarifications of the Land Development Code(LDC)and to accept specific Staff Clarifications attached to this Executive Summary. (Commissioner Hiller's request) Add Item 11K: Recommendation to continue the Fiscal Year 2012 Pay and Classification Plan for the Board of County Commissioners and Office of the County Attorney into Fiscal Year 2013,allowing for final revisions to the proposed Fiscal Year 2013 plan which will be brought forward for consideration at the Board meeting of October 9,2012. (Staff's request) Withdraw Item 16C1: Recommendation to approve a time and materials contract with Agnoli Barber& Brundage in the not-to-exceed amount of$243,631 for Request for Proposal No. 12-5883, "Master Pumping Station 312 Professional Services During Construction," Project Number 72549. (Staffs request pending resolution of a bid protest) Continue Item 16D5 to the October 9,2012 BCC Meeting: Recommendation to accept the Conservation Collier Annual Report. (Staffs request) Continue Item 16D6 to the October 9,2012 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. (Staffs request) Move Item 16D9 to Item 11L: Recommendation to comply with a Housing and Urban Development (HUD)payback disbursement directive of federal funds in the amount of$500,000 for a Community Development Block Grant(CDBG)project subawarded to Habitat for Humanity(HFH)and authorize any necessary budget amendments. (Commissioner Hiller's request) Withdraw Item 16G1: Recommendation to approve a License Agreement with United Circus Operating Co.,Inc. d/b/a The Kings Bros Circus at the Immokalee Airport for a one(1)day circus event. (Staff's request) Proposed Agenda Changes Board of County Commissioners Meeting September 25,2012 Page 2 Withdraw Item 17C: Recommendation to adopt proposed changes to Ordinance No.91-65,of the Affordable Housing Advisory Committee Ordinance to incorporate statutory requirements and otherwise clarify terms. (Staff's request) Note: Item 16D2: The second sentence in the Considerations section of the Executive Summary should read: "Per Florida Statutes subsection 39.304(5),the parents,legal guardians,or legal custodians are required to reimburse the County for the costs of such initial allowable examinations". (Staff's request) Time Certain Items: Item 913 to be heard at 5:05 p.m.(Bayshore Triangle CRA Amendments and Wellfield and related Amendments) Item 10I to be heard at 1:05 p.m. Item 11C to be heard at 10:00 a.m. Item 12A to be heard at 11:30 a.m. Item 12B to be heard at 12:00 noon in a Closed Session Item 12C to be heard at 1:00 p.m.in an Open Session 9/25/2012 8:43 AM September 25-26, 2012 Item #2B and #2C MINUTES OF THE AUGUST 24, 2012 — BCC/EMERGENCY MEETING (TROPICAL STORM ISAAC) AND THE SEPTEMBER 6, 2012 — BCC/BUDGET HEARING — APPROVED AS PRESENTED CHAIRMAN COYLE: With respect to the minutes of the August 24th, 2012 BCC emergency meeting pertaining to Tropical Storm Isaac, and the minutes to the September the 6th, 2012 BCC budget hearing, are there any changes to any of those minutes? And if not, I'll accept the motion to approve them. COMMISSIONER FIALA: Motion to approve the minutes from the August 24th meeting, BCC emergency meeting, and September 6th BCC budget hearing. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay, a motion by Commissioner Fiala to approve the minutes as written, seconded by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion carries unanimously. Item #3A EMPLOYEE SERVICE AWARDS — 20 YEAR AND 25 YEAR Page 10 September 25-26, 2012 ATTENDEES — PRESENTED CHAIRMAN COYLE: That brings us to service awards. You want us down there? MR. OCHS: Yes, sir, please. CHAIRMAN COYLE: Okay. MR. OCHS: Commissioners, we're pleased to recognize the work of long-standing county employees this morning. Our first service award recipient celebrating 20 years of service, Timothy Stick, with our Building Review and Permitting Department. (Applause.) MR. OCHS: Celebrating 25 years of service with our Water Department this morning, David Streit. David? (Applause.) MR. OCHS: Commissioners, that concludes our service awards this morning. Thank you. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS — ADOPTED Item #4A PROCLAMATION CONGRATULATING COLLIER COUNTY EMERGENCY MEDICAL SERVICES FOR RECEIVING ACCREDITATION FROM THE COMMISSION ON ACCREDITATION OF AMBULANCE SERVICES (CAAS) FOR ITS COMPLIANCE WITH NATIONAL STANDARDS OF EXCELLENCE. ACCEPTED BY ROBERT TOBER, M.D — ADOPTED Page 11 September 25-26, 2012 CHAIRMAN COYLE: Okay, that brings us to proclamations. MR. OCHS: Yes, sir, Mr. Chairman. Item 4.A is a proclamation congratulating Collier County Emergency Medical Services for receiving accreditation from the Commission on Accreditation of Ambulance Services for its compliance with national standards of excellence. The award to be accepted by Robert Tober, MD. This item is sponsored by Commissioner Coyle. Please come forward, Dr. Tober. (Applause.) DR. TOBER: Commissioners and guests, thank you for giving us the time for this recognition. I want to particularly thank retired EMS Chief Jeff Page, who is actually here today, for launching this exhaustive application process two years ago. We're now one of about 150 systems in a country of about -- what did you say, 15,000 services. So it's quite a feather in our hat. And this goes to all of the administrative staff and paramedics of our system who have helped create the quality system that we have today. And I just want to thank all of you. (Applause.) CHAIRMAN COYLE: Bob, I would like to thank you on behalf of the Board and the people of Collier County for the fine job you've done in setting the standards for this excellent level of emergency medical care. DR. TOBER: Thank you very much. Thanks. (Applause.) Item #4B PROCLAMATION DESIGNATING OCTOBER 2, 2012 AS Page 12 September 25-26, 2012 LIVESTRONG DAY IN COLLIER COUNTY. ACCEPTED BY JENNIFER SAM, SOUTHWEST FLORIDA LIVESTRONG LEADER — ADOPTED MR. OCHS: Item 4.B is a proclamation designating October 2nd, 2012 as Livestrong Day in Collier County. To be accepted by Jennifer Sam, Southwest Florida Livestrong leader. This item is sponsored by. Commissioner Coletta. Please come forward. (Applause.) MS. SAM: Good morning, and thank you, Commissioners. And good morning, guests. I just want to thank you officially on behalf of the 28 million people living with cancer worldwide. Cancer is still the leading cause of death. More so than HIV, AIDS and malaria combined. So this is for them and for everyone in Collier County affected by cancer somehow. Thank you. CHAIRMAN COYLE: Thank you. (Applause.) Item #4C PROCLAMATION RECOGNIZING AND CONGRATULATING ARTHREX, INC., ON RECEIVING THE WRAP AWARD FOR ITS CONTINUED EFFORTS TO PROMOTE WASTE REDUCTION, REUSE, RECYCLING AND ENVIRONMENTAL AWARENESS. ACCEPTED BY MICHAEL DOCK, CSP, EHS MANAGER AND RICK NOVAK, MACHINE OPERATOR AND GREEN TEAM LEADER- ADOPTED MR. OCHS: Item 4.0 is a proclamation recognizing and congratulating Arthrex, Incorporated on receiving the WRAP award Page 13 September 25-26, 2012 for its continued efforts to promote waste reduction, reuse, recycling and environmental awareness. To be accepted by Michael Dock, CSP, EHS Manager, and Rick Novak, Machine Operator and Green Team Leader. This item sponsored by the entire Board of County Commissioners. Congratulations. MR. DOCK: For the record, it's Michael Dock, EHS Manager for Arthrex. This is Rick Novak. We appreciate being asked to come in here today. We thank you for the recognition from the solid waste and -- actually solid and hazardous waste department. Arthrex's Green program is a global program that's a collective effort between our environmental team, managers and employees, as well. I really wanted to talk about some of the programs that we have, but I want to touch on the one that the employees have come up with and that is the recyclable lunch trays. During a team meeting that Rick was chairman of, one of the employees asked what do we need to do to be able to recycle our lunch trays. And basically it was we need to scrape the food off of there. And we added a dumpster and employees started scraping their food at their own -- volunteering their own time there to scraping their food. And so far we're going to be able to recycle up to 130,000 lunch trays this year. And that number is going to be growing. So one of the things that really caught our eye was when employees came to us and said, you know, by simply scraping my tray it's made me recycle more at home as well. So our department is really looking forward to seeing those numbers grow. And we actually want to thank the Solid and Hazardous Waste Department for making recycling very easy. CHAIRMAN COYLE: Thank you very much. You're doing a Page 14 September 25-26, 2012 wonderful job. And we really thank you for being such an important part of our community. Thank you. (Applause.) Item #5A RECOGNIZING NANCY FRYE, TECHNICIAN, TRAFFIC ENGINEERING DEPARTMENT, AS THE EMPLOYEE OF THE MONTH FOR AUGUST, 2012 — PRESENTED MR. OCHS: Commissioners, that takes us to Item 5 on your agenda this morning, Presentations. 5.A is a recommendation to recognize Nancy Frye, Technician with our Traffic Engineering Department as the Employee of the Month for August, 2012. Nancy? (Applause.) MR. OCHS: Stay right there, Nancy, we're going to embarrass you here for a minute. We're going to read a little bit about your life story here. Commissioners, Nancy's been an employee of the county for over 27 years, working in our Transportation Department. She's responsible for a variety of assignments that include designing and fabricating signs, assisting with engineering projects and preparing crash data reports. She's also an important member of our Community Traffic Safety Team, serving as the secretary and the event coordinator for that committee. For the past five years she's worked diligently in the Walk to School Program, which is a joint effort by the schools, law enforcement, fire department, citizen volunteers and county staff to make sure that all the school children have a full set of safety related Page 15 September 25-26, 2012 materials so that they can learn how to walk and ride their bike safely to school. Nancy is truly an asset to our community, very deserving of this award, and it's my great pleasure to present to you Nancy Frye, your Employee of the Month for October, 2012. Congratulations, Nancy. (Applause.) CHAIRMAN COYLE: And Leo, she has asked to say a few words. She's going to embarrass you now. MS. FRYE: This is such an honor to receive this award that I just want to thank all my coworkers in Traffic Operations. I could not have done it without them, and millions of other people that have helped along with CTST and everything else. So thank you very much, I really appreciate it. (Applause.) CHAIRMAN COYLE: Thank you, Nancy. MR. MITCHELL: Mr. Chairman, could we have a motion to approve the proclamations? COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. COMMISSIONER HENNING: Clarification on today's agenda. Page 16 September 25-26, 2012 I guess because there was no action about the settlement, that we're going into closed door session? CHAIRMAN COYLE: Well, we won't -- I think it would be wise for us to do so, to go into closed door session, rather than trying to debate a settlement when the presentation is made at 11 :30. MR. OCHS: No, Commissioner -- COMMISSIONER HENNING: The issue was, are we going to send it to the Planning Commission for their review before consideration. MR. OCHS: Well, part of the staff presentation at 11 :30 will conclude with a recommendation that the Board seriously consider remanding this to the Planning Commission for further vetting. We couldn't presume the vote on that, so we've left the opportunity, if you don't want to do that and you want to go into closed session and talk about a settlement right away, that you still have that option, Commissioner. But if the Board accepts the staff recommendation on the 11 :30 presentation and you remand it ultimately to the Planning Commission for further vetting, then there would be no need for the closed session today, sir. COMMISSIONER HENNING: Okay, so we're going to deal with it at 11 :30. MR. OCHS: Yes, sir. COMMISSIONER HENNING: My apology. CHAIRMAN COYLE: Okay, what's our next item? Item #7 PUBLIC COMMENTS ON GENERAL TOPICS MR. OCHS: Next item is Item 7, public comments on general topics. Page 17 September 25-26, 2012 MR. MITCHELL: Sir, we have some speakers signed up. So the first one is Stan Chrzanowski. CHAIRMAN COYLE: Okay. MR. CHRZANOWSKI: Morning, Commissioners, again. This week I'm here to talk about a brief history of the FEMA maps in Collier County. 1998 FEMA decided they were going to subject us to their new improved mapping system. 3 August, 1999 at the Board hearing, Item 10.E, the Board voted to challenge the new FEMA maps. January, 2001, Abe Skinner, bless his soul, for some reason had a set of LIDAR topography done of Collier County, along with his usual yearly aerial photography. That letter wasn't available 'til after June, 2001. We didn't learn about it until a few months after that. That's county engineering staff. We're the ones that were given the LIDAR maps and the task of seeing how accurate they were. When we started comparing it to the new flood insurance rate maps, the LIDAR showed that the flood maps were grossly inaccurate, especially Golden Gate and Naples Park. The original FEMA maps were based on a couple of local area of topographies, and USGS maps, which were a five-foot contour interval was one spot elevation to the nearest foot for every section, every square mile. They did an entire set of FEMA maps based on that because they were too cheap to get any proper topography done. July 31st, 2001, the Board passed Resolution 2001.312 rejecting FEMA's proposed map changes. FEMA was absorbed into the Department of Homeland Security March 1st, 2003. Folks we were dealing with had their email addresses changed from @FEMA to @DHS. On or about September, 2002, county staff and others met with FEMA and tried to convince them that their maps were screwed up. We convinced them, Commissioner Coletta was there, about the Page 18 September 25-26, 2012 Golden Gate maps. They insisted that the Naples Park maps just had to go ahead because they were the best maps we had. So we got Dick Tomasello to start a study. Dick Tomasello was there to talk about the flood surge along the coast. March, 2003 the Board approved a contract agreement with DEP for densification of the benchmark network through Golden Gate. In September, 2003, you approved a single vendor contract with 3001 to certify the old LIDAR, because it had to be within two feet for FEMA standards. And we didn't have any certification saying it was within that. Then we started the process of obtaining LIDAR for the eastern county from the Corps of Engineers who had just done another LIDAR that overlapped ours but was slightly a little off. The LIDARs were all found to have an accuracy within two feet. The next three years many requests for the LIDAR were made by -- for new LIDAR were made by engineering and by the EAC. For months, for years, they requested new LIDAR of the county so we could see what the difference was between the LIDARs. 2008 the new LIDAR was finally flown. But not for FEMA. It was flown I think for some kind of study that was being done. We received it in early 2010 and began working with it. When we started working with it, just as Jack McKenna was coming onboard to replace me, Tim Billings and I noticed -- you want me to stop and come back in two weeks? I've got about five -- about two minutes to go. COMMISSIONER HILLER: I would like to hear the rest of this. COMMISSIONER FIALA: I would, too. COMMISSIONER HILLER: And actually, if you could, if you have those dates summarized, if you could enter it on the record. MR. CHRZANOWSKI: I have all the backup. I'll leave it with Leo. I have -- I printed off the minutes. Page 19 September 25-26, 2012 COMMISSIONER HILLER: Well, if you could enter it on the record. CHAIRMAN COYLE: Wait a minute, wait a minute, wait a minute. You're asking for two more minutes. Does that mean you won't be back next week? MR. CHRZANOWSKI: If you give me two minutes, I won't be back in two weeks, right. CHAIRMAN COYLE: You've got two minutes. It's now 9:31; you have exactly two minutes. MR. CHRZANOWSKI: Thank you, sir. CHAIRMAN COYLE: Okay. MR. CHRZANOWSKI: You're okay, I don't care what everybody says. In about June, 2010, just as Jack McKenna was coming onboard, Tim Billings and I noticed that there were consistent elevation differences between the two LIDARs. The new LIDAR showed elevations approximately a foot higher than the original. Jack confirmed that that's what it was and we confirmed it a few weeks later by Water Management District, said they found the same differences between the two maps. None of us old-timers took GIS in school, me, Tim, Jack, the surveyor, Steve Higgins, so we figured out a way graphically to show that there was this difference. And then we went all over the county shooting centers of road into sections to figure out which of the two LIDARs was correct. Because Tim could place his pointer on the LIDAR and it would tell him what the elevation was. This led the BCC to refund a study of two basins out of 10 that showed there's an impact by using the new LIDAR to the FEMA maps. So now we have two worlds. We have Collier real word, which is actually what the elevation is, and we have FEMA world, which is a Page 20 September 25-26, 2012 parallel universe a foot lower than Collier real word. All the studies and maps are done to FEMA world. They all show a foot low. But all the LOMAs and all the surveys being done are being done in Collier real world. So all my friends that are calling me up saying should I do a LOMA, I'm telling them do a LOMA. Because you've got a foot advantage right there. The real world is a foot higher than FEMA world. So that's about my presentation. This whole system is so screwed up. But thank you. And I won't be back in two weeks. Maybe two weeks after that. CHAIRMAN COYLE: You'll be limited to one minute then. Thank you. Commissioner Hiller? COMMISSIONER HILLER: Stan, if you could enter your documents on the record so they're attached to these minutes so the public can review them, if they would like. You can just give them to the court reporter or to Ian. Stan, can you just very quickly explain to us the negative consequences of these map changes? I mean, I can think of a few that increase cost of construction to comply with FEMA requirements for when you're building within what they define as a flood zone. The effect of in part creating possibly a building moratorium indirectly in some areas. Could you elaborate on that? MR. CHRZANOWSKI: I think that maybe staff should address that. That's an ongoing issue. And I think Mike Ramsey's also here to talk about that. As far as the other issues, the maps -- FEMA has known for two years that the maps are off by a foot. They don't seem to have a problem with it. I don't have a problem with it. It's an advantage to us. COMMISSIONER HILLER: Can you explain how? Page 21 September 25-26, 2012 MR. CHRZANOWSKI: The original LIDAR topography was done to within two feet of-- there's a difference between precision and accuracy. The USGS maps are accurate to within a foot. They're accurate. But the grades are like elevation 12 or elevation 13, not 13.000. The LIDAR topography is precise. If you point a pointer there, it will tell you it's 13.452389, whatever. But it's not accurate. It's not within -- it's a foot off, the old LIDAR. The new LIDAR is much more accurate. The spot elevations we did are all within an inch. So we trust the new LIDAR. But the new LIDAR isn't what the FEMA maps were done by, they were done by the old LIDAR. COMMISSIONER HILLER: And the consequence you said -- MR. CHRZANOWSKI: Well, the consequence -- COMMISSIONER HILLER: -- was positive? MR. CHRZANOWSKI: -- is -- yeah, everybody's doing LOMAs, which is great. But I'm worried that FEMA's going to come back and say all these LOMAs are worthless. COMMISSIONER HILLER: And why would that be? MR. CHRZANOWSKI: Because the LOMAs are based off the old LIDAR. The grade on the LOMA is based off the new LIDAR. The flood elevation off the LOMA is based off the old LIDAR. And there's a foot difference between the two. And at some point -- well, FEMA probably realized that two years ago. They don't -- I mean, it's obvious. They don't have -- they don't seem to have a concern about it. As long as they don't have a problem with it, I don't. CHAIRMAN COYLE: Then what are we talking about? MR. CHRZANOWSKI: We're talking about -- CHAIRMAN COYLE: If you don't care -- MR. CHRZANOWSKI: I don't have a mortgage. CHAIRMAN COYLE: -- FEMA doesn't care, what are we -- Page 22 September 25-26, 2012 MR. CHRZANOWSKI: I'm worried that they will care at some point. CHAIRMAN COYLE: Okay. So what is the proposed plan of action to solve the problem? MR. CHRZANOWSKI: There's a whole bunch of meetings going on. Because like Commissioner Hiller said, there's also some issues about floodplain compensation. There are some single-family homes in Golden Gate that sit entirely in flood zones. Those are -- a lot of those people have already been -- well, I've been told that a lot of those people are going to be told that their lots are unbuildable. Because you can't put fill in into an A Zone. But Mirasol and Parklands and Terrafina, Hacienda, they're all in A Zones. And there's not much difference if you're 640 acres or an acre and a quarter if you're all in an A Zone and somebody goes to put fill in there. I'm being told you have to dig it out of a X Zone to put it in an A Zone. COMMISSIONER HILLER: That's very, very significant. In fact, one of the items that I pulled off consent and put on the general agenda related to Habitat being unable to go vertical on a project they had in Immokalee. And in the executive summary what was specifically said was that due to these flood map issues that they were unable to pull permits. Which to me sounds like a building moratorium. And that's in essence what you're bringing up as a potential concern down the road as a consequence of this regulation. So I think it's very serious. And I would actually like to have staff comment. Is Nick here? Oh, hi, Nick. MR. CASALANGUIDA: Good morning, Commissioner. COMMISSIONER HILLER: You know, there are concerns that go beyond residential and commercial development. The question that I'm concerned about that I raised briefly with you yesterday is county infrastructure. How do you build roads -- Page 23 September 25-26, 2012 how do you build an airport runway that is now in a flood zone? What do you do -- what does that mean to the cost of the construction of that public facility? What does that mean to our future budget forecast? It sounds to me like they're off. If we have to do things to compensate because FEMA now has designated, for example, a runway in the flood zone, and as a result that runway, you know, if modified in some manner can only be done if elevated or -- I don't know what you do, for example, to runways that are in flood zones. The cost will change materially. So what does that mean to us? MR. CASALANGUIDA: Commissioner, you asked a lot of questions. For the record, Nick Casalanguida. COMMISSIONER HILLER: I did. MR. CASALANGUIDA: I can't tell you what it means -- COMMISSIONER HILLER: It's a compound question. MR. CASALANGUIDA: -- to a runway. I couldn't answer that. That would be something with the permitting agencies. They'd have to talk about it with FAA. I can tell you that everything Stan's brought up we've brought up in front of the Board, and we're working expediently with a DSAC subcommittee, with outside consultants, with FEMA itself. As Jack and I discussed several years ago when Jack came on and Stan brought this forward, we're unique, but we're not unique country-wide. We have an extremely flat topography. So that one-foot contour in Golden Gate Estates, that level of accuracy has a tremendous impact to the folks in Golden Gate Estates. I think to the Board's credit, when we presented this item over a year ago and we said all we can do is two basins, let's take the two basins we can move on quickly and get in front of FEMA before we could do (sic). The Board heard our presentation, acted on that, and we were successful. Page 24 September 25-26, 2012 Now we have 10 more basins to complete at about 18 more months to go. That will update those maps the most current level they can be. And the impacts Mr. Chrzanowski pointed out are true. That said, I'm working with this nebulous agency that we're continually trying to get good answers from. I've asked Jack our County Engineer to get with the subcommittee and for a problem statement with a set of questions to send to FEMA before we spend anymore money. I want to get -- I want to determine a destination, a goal to go for before we spend time and effort on this. Because it seems when we move forward without that, I'm chasing my tail. So -- COMMISSIONER HILLER: Can I ask Mr. McKenna a quick question? MR. CASALANGUIDA: Sure. Jack? MR. McKENNA: Good morning, Commissioners. Jack McKenna for the record. COMMISSIONER HILLER: Jack, good morning. With your expertise, maybe you can answer my question. What happens if a road is suddenly in a flood zone where it wasn't before and now, you know, we need to do repairs to the road or replace the road? What does that mean if FEMA has now declared it's in the flood zone? What do you do? And -- MR. CASALANGUIDA: Ma'am, I can answer, as you asked that yesterday. Your permit to the District deals with your high water line, seasonal high water line, not essentially the FEMA flood grades. Your Watershed Management Plans that you've adopted has a section that said: Hurricane evacuation routes should be designed to the five-year or 10-year -- I'm sorry, 100-year storm, if possible. Your permitting through the agency looks at seasonal high water. So they want to keep the road subgrade dry, because as water moves Page 25 September 25-26, 2012 to the subgrade it causes the roadbed to fail. So the seasonal high water line dictates more the height of the road. And typically, because we have seasonal high water that's pretty high in Collier County, we require three to four feet of fill above that. Which usually takes us out of the 100-year flood zone as well also. So a lot of the new roads we've designed are above the BFE. Now, in your urban area, ma'am, we couldn't do that. If you look at Airport Road or some of the, you know, historical projects we have. If we were to do a re-build on some of these roads and if the BFE required the roads to be two feet higher because of the base flood elevation, we wouldn't reconstruct these roads to base flood elevation. It would just be non-economical or practical. You'd have a -- you picture Airport Road, if it's two, three feet higher to be out of a storm surge event, you couldn't tie it back down to existing grade. So I think in new projects we evaluate the cost, the benefit of being in the BFE. The permitting agencies don't require it, it's our own restriction, so we do it on a case-by-case basis and we take it to the Board. COMMISSIONER HILLER: So if I summarize what you're saying is the cost of the infrastructure will not increase as a consequence, it'll -- it's already been accounted for in your future costing of new roads? MR. CASALANGUIDA: All the roads that we have cost estimates for in our five-year plan, those are accounted for. But the roads that you get into the long-range plan, because we review it on a case-by-case basis with the board, we would evaluate those as we go forward. COMMISSIONER HILLER: Okay. So there is no fiscal impact with respect to for example roads? MR. CASALANGUIDA: I wouldn't say -- not necessarily no fiscal impact. If you look at what FEMA requires, and again, getting Page 26 September 25-26, 2012 clarification -- COMMISSIONER HILLER: Or let me just say this, a change in fiscal impact as a consequence. MR. CASALANGUIDA: There could be. And I think the Board has some discretion to respond to that. I think it's itself imposed. Our Watershed Management Plan talks about, that this Board adopted, being compliant on hurricane evacuation routes. Now, I think if compliance meant adding, you know, six inches of fill or a foot of fill we would look at that and say maybe that's a good cost to benefit. If it required two feet of fill, we may ask the Board for discretion on that. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: We've had this discussion in the past 60 days. And so let's once again get to the bottom line. I don't believe there is any confusion on the part of staff or anybody else who has been dealing with this, that it's FEMA's intent to drive people out of coastal and low-lying areas. They don't want us living here. And it's largely a budgetary issue for them because they don't want to have to pay for damage to homes that are continually rebuilt in flood prone areas. I would suggest they start with New Orleans before they come here. But nevertheless, this is an issue that is not going to be resolved by you and the staff. You've done a wonderful job of trying to force some degree of accuracy and common sense into the FEMA process, but FEMA is not going to change their strategy. And this is something that is only going to be solved if we get our legislative delegation sufficiently aroused about FEMA's decision-making process. And I will tell you that that is a losing proposition. Because the people who don't live in flood prone areas in the United States far outnumber those who do. And they don't want to see their insurance Page 27 September 25-26, 2012 premiums go any higher to pay for the fact that we want to live along the coast or in Immokalee or someplace else. So this is not a simple problem and you're not going to be able to solve it. But keep doing what you're doing, but we just -- you know, there's no point in having discussions about this every two months, because it's the same problem over and over and over and over again. But Commissioner Henning? COMMISSIONER HENNING: Yeah, I don't think anybody was talking about existing structures. I think the issue is, is the federal government saying that Collier County is in a building moratorium with new construction. And you're going to get back to us when on those issues? MR. CASALANGUIDA: Yes, sir. Well, we're forming the problem statement now. I'm guessing we're going to have a question to FEMA in the next 30 to 60 days. And typical of FEMA, we're going to get a nebulous response. What we've gotten in the past, it says follow the codes. And we say well, we're asking you a specific question, and they say follow the codes. So the code right now says in a geographic area you're supposed to provide compensating storage. So that's the issue we're dealing with FEMA. COMMISSIONER HENNING: Okay. Well, then why don't we -- why don't the Board propose the question to our congressional delegation and let our congressional delegation get answers. MR. CASALANGUIDA: That would be great. COMMISSIONER HENNING: But really, this is a Florida problem in the coastal areas of the State of Florida, which that is the majority of populous here. So Jeff was right by stating at the previous meeting to kick this up to FAC. CHAIRMAN COYLE: Okay, Commissioner Fiala? Page 28 September 25-26, 2012 COMMISSIONER FIALA: Yes, three simple questions. First of all, when Stan was talking about LOMA, I just wondered how many people in our audience understands what LOMA actually stands for. Could you say that? MR. CASALANGUIDA: Sure. Letter of Map Amendment, ma'am. COMMISSIONER FIALA: Okay. And then secondly, how does this affect our insurance rates? Us being -- our calculations saying we're a foot higher than FEMA calculations. And let me couple that with my third question and that is, which one does the insurance companies believe? MR. CASALANGUIDA: It affects your insurance rate. If you're a compliant community in your community rating system, which we're a six right now, we get a discount for doing all the things that we do. So anybody that gets insurance gets a discounted rate. But in answer to your question, on a case-by-case basis, you'd have to look at it. Depending on what type of flood zone you were in and how high your home was, it would affect obviously your rate. COMMISSIONER FIALA: Right. But who do they believe, FEMA or us? MR. CASALANGUIDA: Well, it's the independent mortgage and the insurance companies, ma'am. And what's happened now is the mortgage companies, when they send out notice -- and maybe this is a good opportunity for the public to hear this is, because we've had even the County Manager deal with this and some of the commissioners -- you get a notice in the mail from your mortgage company that says you are in a flood, you're required to buy flood insurance. The maps that they use are different versions of our flood maps over-layed on a Google map. And they say that we're going to respond to our carrier, our provider doing the analysis. Yet when our staff says we've got the local map and we'll give you a sketch and our certified floodplain Page 29 September 25-26, 2012 management will sign an affidavit, a document that says you're not in the local flood zone, sometimes they choose to follow their own agent's review. Which causes a surveyor to get involved, which causes you to fire LOMA, even when you don't need one. So that's been happening a lot. And I've got to give you a lot of credit as the Board. You funded staff participation. This is a FEMA issue and we have three to four staff members who are almost working full-time on FEMA every time a new basin gets analyzed by FEMA and the mortgage companies get ahold of those documents. We get flooded hundreds of calls on a daily basis, so -- COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Why don't you draft a letter with my signature on behalf of the Board to our legislative delegation asking for resolution of that specific issue that you talked about. MR. CASALANGUIDA: Sure. Will do. CHAIRMAN COYLE: Is there -- do we have three nods for that. COMMISSIONER FIALA: Oh, I agree with that, yeah. COMMISSIONER COLETTA: Yeah. CHAIRMAN COYLE: Okay. MR. MITCHELL: Sir, your next speaker is Michael Ramsey, and he'll be speaking for six minutes. Mr. Gaddy has given his time to Mr. Ramsey. MR. RAMSEY: Good morning, Commissioners. MR. OCHS: Do you want the computer up? MR. RAMSEY: Yeah, if you would. My name is Michael Ramsey. I am the vice-president currently of the Golden Gate Estates Area Civic Association, and I'm also an ecological consultant working in the South Florida area. And as part of the Golden Gate Estates Area Civic Association, we've been studying this new FEMA classification from DFIRM maps as it applies to areas primarily east of 951 in the Estates. Page 30 September 25-26, 2012 And that first map that you're looking at is a representation of how the DFIRM flood zones relate to the highest groundwater elevation and 100-year base flood elevation. And the reason we want to make sure that you understand a problem with this here and most of the public is that in the past in the Eighties I had to deal with wetland mitigation, and wetland mitigation is an issue of function and replacement of function. This is different because we're having to replace volume storage. And the way this is coming down, if we look at what's going on in other locals and some of the rules coming down is that the first thing is a significant issue to the rural lifestyle and the small businesses in the Estates and others, is that if that first rule comes down that you cannot mitigate for compensation on the AE or AH area, it effectively kills all the building on a small building lot in the Estates. According to the other rules and regulations from FEMA, compensation from this volume is only allowed on X or X 500 classified properties. And it can only be done below the red line and above the high water elevation. It's very specific about its mitigation. Then this issue, all the mitigation we've done before in other areas and up to this point, it does not lend itself to a volume mitigation type scenario that has such closely defined characteristics. The next thing we did looking at this is that we -- let me bring up this next map here -- we went into the Golden Gate Estates area east of 951, which we referred to as the rural Estates. And we classified all the FEMA/DFIRM classifications in there and calculated out the acreages. It came out that 75 percent of the Estates is going to be classified as AH or AE, which if you place these limitations on it is really going to affect significantly economic development. And that's our issue here today is to bring forth and let people know that this classification of property and this side issue that's Page 31 September 25-26, 2012 coming up afterwards, this volume mitigation issue, will have serious effects on our economic development for businesses and small businesses in the future. Especially east of 951. In fact, all lands east of 951, because of their rather undeveloped state, will have significant impacts from this. So the way we're looking at it from the Estates area from our association is we think we ought to start bringing together more people in the community, because we think that this is not just a single issue. It's not just federal FEMA, it's not just about the mitigation issue. It has kind of a legal issue, it has an ecological logical issue, it has a volume mathematic issue, and maybe the last option is pleading for desperation. I think all of those should be -- we feel that all those should be followed or attempted, because this is a very complicated issue. And not only does it affect raw property, it does affect existing structures. So the existing structures, if they try to do more than a 50 percent remodel on it, everything has to come up to the new standards. And that is very economical (sic) limiting. So we're asking that maybe a consideration should be to go out in the community and ask for more professionals or landowners and all that to come together. Because this is a county-wide issue. It's not -- it might be bigger than just Collier County staff. I think it involves all of us together in a very large way. And thank you very much. I'm done. COMMISSIONER HILLER: I have a question. CHAIRMAN COYLE: Commissioner Hiller, go ahead. COMMISSIONER HILLER: Yeah, I have two questions. The first, if you could go back to your first diagram. I would like to have a better understanding of what this diagram means as it -- and I was reading the notes that you have in the back of your exhibit. I'd like more and better clarification to understand exactly what you mean Page 32 September 25-26, 2012 by to build on a fill pad must compensate for volume loss only allowed in X 500 Zone below a 100-year base flood relation to highest groundwater elevation. Only way to compensate is to dig in XX 500 Zone in rural Estates. If no compensation allowed on individual lots, no construction allowed. Clarify what you're saying. I just need a better understanding. And being that you're a professional and I'm a lay person, you know, whatever you can do to help me better understand, I would appreciate. MR. RAMSEY: In very simple terms, floodplain management is taking Collier County and all the different elevations from all the land and you establish a top line and you establish a bottom line, and you measure the horizontal distance and you calculate the volume in that. Once that volume is determined, when FEMA adopts these maps and these elevation, they say that you cannot exceed that volume of water anymore. They don't want any of our construction activities to produce a volume of water that exceeds the red line from May 16th, 2012 forward. COMMISSIONER HILLER: So basically the body in the bathtub. MR. RAMSEY: So any time you put a fill pad out there, you have to dig a hole in the X area only that allows that much water that was displaced to be then stored on the X area, because it's not considered a part of the floodplain. COMMISSIONER HILLER: Okay, got it. So what we're looking at is the extent to which our added construction is causing the displacement of water, in effect. MR. RAMSEY: Yes. COMMISSIONER HILLER: And the problems associated with MR. RAMSEY: One of the issues that we have been trying to figure out if we can address is that when I have worked around Lake Page 33 September 25-26, 2012 Okeechobee and areas around that, they allowed us to go project by project and do compensation storage by the project in those elevations. But apparently that is leaving the plateau of an option. Here they're holding that you cannot dig in an AE or an AH to offset that. They don't want any more impacts to those elevations. COMMISSIONER HILLER: Can you -- do you have anything -- I mean, I appreciate you focusing on the Estates, but there are other areas where, you know, there are proposals for very substantial future development like, for example, the Immokalee area. And as you know, right now we're addressing the Immokalee Area Master Plan, which is proposing exponential development, both residential and commercial. Can you -- do you have information on that? Like do you have a map on that similar to the Estates so we can see whether that area is similarly affected? MR. RAMSEY: Yes, we put together -- we were looking at a map out there too. Because we found that the economic issues in the Immokalee area also affect the ability of people in the Estates to get a job and pay for their mortgage. Immokalee is the significant area. But the Immokalee area is generally about the same as the Estates area. About -- well, in Immokalee, if you look in the urban area map there, it's about 80 percent AE or AH. Now, my understanding from other locales, if we take the new FEMA rules verbatim, then the issue is when a building permit is issued. And if a building permit is issued after June, 20 -- May 16th, 2012, then it succumbs to the new FEMA rules, unless we found options to prevent that or work with it or work around it. This is a significant economic issue to us, more than it is a -- COMMISSIONER HILLER: And now I go back to what I said earlier when Stan was speaking. The issue of that project that Habitat could not go vertical with being directly adversely affected by these Page 34 September 25-26, 2012 FEMA maps and the inability to pull a permit to construct. MR. RAMSEY: I think that was the indicator of what possibly could be in the future for the whole county. MR. CASALANGUIDA: No, that's not true. MR. RAMSEY: I'm sorry. MR. CASALANGUIDA: That's okay. The Habitat could have pulled a permit. And they chose to try and work. It was a cost analysis Habitat had done. And that would apply -- for instance, Mirasol went through a FEMA flood analysis, the Mirasol project. So they're taking into consideration the federal requirements in their design. Habitat said look, we don't know what this new flood elevation is going to be. It wasn't anything before, now you've got a grade we may have to hold to for our pads and we can't afford that economic uncertainty. So they kept trying to work that out as they were adopting the project. Any time right now a builder can come in and they can pull a permit to the best available information that there is today. Now, they are at risk if something changes with FEMA, and that's always been the case, whether it was 15 years ago, 10 years ago or five years ago. So the language in the new ordinance that FEMA kicked back that we had to bring to the Board that's disturbing is that they weren't going to allow de minimis impact. And when we said for clarification they said read the CFR's. So if you consider that as a de facto moratorium, you couldn't pull a permit in Pine Ridge or urban Estates anywhere. Because any time you fill in any area that's within a flood zone, you'd be having impact on that bathtub. So one of the options for us to do as we're considering -- and I know we're getting in a long discussion now -- is to quantify that bathtub at a very basic level, do some analysis and show to FEMA if Page 35 September 25-26, 2012 the height of the bathtub, depth of the bathtub is 10 feet and we're at two feet right now full of water, if we put in all the homes in Golden Gate Estates, does it go up to two-foot one-inch or does it go to three feet? If it goes to two-foot one-inch, we could say to FEMA that has no impact on your base flood elevation and will not impact anybody else, let this go. If it raises it a half a foot or a foot and starts to impact other homeowners, I think that's where FEMA's going to say no, because now you're impacting somebody else with this dropping pebbles in the bathtub. But I want to get this question to FEMA so that we can answer it. I want them to say this is what we want and we'll provide the answer and then go from there. I don't want to chase my tail in a discussion with these folks because I get nowhere. So I think the Chair's request to us, to draft a letter with a problem statement to run it up and say we want an answer. COMMISSIONER HILLER: Well, I hear what you're saying, Nick. The only thing is when I read Mr. Ramsey's memo, he says if the building permit had been issued prior to May 16th, 2012 then they would not have had to comply with the new rules. So there seems to be some disconnect between what you're saying and what he's saying, you know, vis-a-vis, for example, that Habitat project. Because, I mean, that Habitat project was in the making for years. But we can talk about that at that future point. I think that the conclusion I draw from what Mr. Ramsey says is that consider this Immokalee area or Golden Gate Estates or other areas that are similarly labeled AE and AH is that the consequence will be directly or indirectly to effectuate a moratorium, a building moratorium. MR. CASALANGUIDA: And ma'am, I can't -- again, we're not the only flat place in the country. Whether it's New Orleans -- New Orleans must be issuing building permits. I mean, other places in -- Page 36 September 25-26, 2012 COMMISSIONER HILLER: Well, it's -- and a moratorium doesn't necessarily have to be us saying no, we will not issue a building permit. But if for example the cost of complying with FEMA's building standards make it cost prohibitive for the builder to build, that's like a moratorium. MR. CASALANGUIDA: Yeah, we've talked about that, that you could -- COMMISSIONER HILLER: I mean, that is exactly the same. It doesn't have to be an action by the Board. So the consequences are very significant. And I think that any planning that we do have to take into account the impact on the -- or I should -- have to consider, you know, the flooding impact on the county as a whole. MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: So very, very significant. Mr. Ramsey, thank you so much. Can you introduce all your exhibits on the record also so that the public can review everything you've presented today as well? MR. RAMSEY: Yes. MR. OCHS: Thank you. CHAIRMAN COYLE: Okay, do we have another speaker, Ian? MR. MITCHELL: Sir, Mr. Fee's asked to speak, if you'll allow that. CHAIRMAN COYLE: Do I have to? Okay. MR. FEE: Good morning. For the record, my name is Doug Fee. I am part of the public, so I'm hoping I'm able to speak today. I would like to talk about a community located in the Wiggins Pass area called Audubon Country Club. I live up in the Wiggins Pass area and there's an issue in regards to a preserve management plan that has been approved. And I've been involved with it for about six months. I am a resident of the area but not of Audubon Country Club. Page 37 September 25-26, 2012 My concern is in the agreement that was ironed out between staff, the county and the foundation, Audubon Foundation, there was in the original agreement a sentence that says: The invasive nuisance vegetation, ornamental vegetation, pots and plants and bridges and anything that could be put into the preserve would be removed in the future when the sale of a home occurred in that community. Okay. And I raised the issue at the time saying this is really an open-ended code enforcement situation where you know there's a violation but yet the violation could stand for as long as that homeowner held their home. Could be 20 years, could be 10 years. So I raise that issue. In the end, through some meetings, they did come up with new language which says within 24 months of the approval of the preserve management plan these ornamental, invasive, nuisance vegetation, all this would have to be removed, okay, 24 months. So we got it from the sale of a home down to 24 months. I raised the issue it probably should be more like six months to a year. And staff said well, we hear what you're saying, but we're going to go ahead and approve this at 24 months. I'm raising this not only as it applies to preserves. Obviously where I live we're along the coast, we have lots of environmentally sensitive lands. But I'm raising this in terms of code enforcement in general. Should a code enforcement case have up to 24 months to remedy a very simple situation in order to give the people this amount of time. And it really isn't in my opinion an economic hardship. It's not very difficult for a person to go out and remove that which they have put into the preserve. So I wanted to raise that. I raised it with staff saying I realize you have the authority to do this, but there are some times when the board needs to hear the situation and figure out a policy as it relates to the overall situation in Collier County. I don't see it just as a preserve Page 38 September 25-26, 2012 issue. That's the immediate issue, but it is different agreements that can occur granting special rights for 24 months. So that's my comment. Thank you very much. CHAIRMAN COYLE: Leo, can you explain to us where we are in this process of approval and what staffs position is? MR. OCHS: Sir, Nick will provide an update, sir. MR. CASALANGUIDA: Sure. As part of the project, sir, there's a Preserve Management Plan has to be adopted. I sat with Mr. Fee and the owners of the Audubon and we discussed the open-ended remove it at the time. And I agreed that it shouldn't be open-ended, we should have a time certain ability to take this out. What I explained to Mr. Fee, as long as it's administrative -- and if it doesn't become administrative, that's fine if it wants to be a Board decision -- we'll evaluate the size of the project and how long the project's been there. And the way -- the example I gave Mr. Fee was is if was a plotted subdivision of 20 homes, we might say you can do this in six months. If it's an HOA of 1,000 homes it will take about a year to do it. If it's a development of 4,000 homes, maybe three years. And I said to Mr. Fee, I think what we've come up with is reasonable. The HOA community agreed to it. I didn't think it was unreasonable and it gave a time certain to that. If the Board doesn't want staff to administrate or review periods of time for when projects can come into compliance, I'm happy to bring these to the board. But I think it was a fair review. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Does the specific regulation provide that it shall be done right away, or does the regulation provide that there is a period of time to correct the defect? MR. CASALANGUIDA: It talks about in the code, and I don't Page 39 September 25-26, 2012 have it in front of me because I didn't -- Mr. Fee didn't tell me he was speaking about this. But it talks about the staff being able to administratively review and put together a Preserve Management Plan. And in that plan it talks about some flexibility in coming into compliance. Audubon itself is a wonderful community. They've done a great job. They're proactively going through this. So when an HOA says we've hired a preserve manager, we've hired an outside consultant to do this, because the homes that abut the golf course has many different people living in there, we'd like to do this over -- as they sell. And when I read that, I said that's too open-ended. We need to give them some period of time. Can we do two years? I said that's reasonable. So over the period of two years the people that live there will go through and clean these preserves. And we're only talking some bougainvillea and some other items, so it could be done quickly. But they've asked for that time. They're non-invasive species, so staff reviewed it and said there's no threat with these items being in there. So that's where staff went with it, ma'am. COMMISSIONER HILLER: I think what we want are regulations that are clear where people aren't dependent on the discretion of staff. Because you might be fair but someone else may not be and might be more onerous or less onerous as the case may be, depending on the relationship. Jeff, is there any way that that particular code section can be amended to provide for clearer standards so we don't have these type of debates? MR. KLATZKOW: Well, let me talk about code enforcement in general. As long as this notion of prosecutorial discretion, because you don't want to -- you don't want to go to the letter of the law on everybody; otherwise you're going to be just filling your Code Page 40 September 25-26, 2012 Enforcement Board with nothing but cases all day long. Second, the Board policy has consistently been compliance, that what we're really looking for is to get people to get into compliance, and we're not looking to punish anybody. You know, I don't think this Board wants to review every single code enforcement determination. I mean, you've got better things to do. COMMISSIONER HILLER: Oh, no, no, by no means. I'm suggesting something different. I'm just suggesting that the particular regulation in question be clarified so the period of performance is somehow -- MR. KLATZKOW: Every case is going to be different. COMMISSIONER HILLER: But I like what Nick recommended that for example depending on the size, obviously there's a lot more vegetation in a development with 2,000 units than with 1,000 units. And if you have some, you know, thresholds, you know, based on the size of the development, some time frames for, you know, the different sizes of the development then it just eliminates the debate where, you know, a citizen believes that, you know, one community has been given more favorable treatment than another. Just some objective standard. MR. KLATZKOW: This is a Board policy. At the end of the day what I would tell you is that if you believe your code enforcement staff is fairly administrating your codes on a general basis, leave it alone. If you're getting the impression that they're being arbitrary and capricious, then I think at that point in time you need to look into it. COMMISSIONER HILLER: And I think that's the message being sent by the citizen who just spoke, Mr. Fee. Oh, there you are. I think he and others I think are of the opinion that there might be some arbitrary application, and as a consequence, to the extent we can Page 41 September 25-26, 2012 make the standards clearer, then it eliminates these type of debates. And I think this has taken a great deal of Nick's time and a great deal of Doug's time and just some sort of simply clarification would eliminate this debate. Like I said, I think Nick's suggestion is excellent. So could we bring this back? MR. CASALANGUIDA: Ma'am, I -- COMMISSIONER HILLER: Actually, what I'll do, let me make it easy, I have the ability to put something on the agenda. I'll do it. I'll bring it back at a future point in time as a matter of-- as a topic of discussion for the Board. So maybe I could have a meeting with Mr. Fee and with you, Nick, with Leo's permission, and develop, you know, some sort of recommended modification to that code section. And if the Board approves it, great. And if they don't, then they can explain why they think it's a bad idea. And then we don't have to debate it further here today. CHAIRMAN COYLE: Okay. Good, thank you. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Where do we go from here, County Manager? Item #1 1 C AN EMERGENCY TRUCK HAUL BEACH RENOURISHMENT FOR A PORTION OF VANDERBILT AND NAPLES BEACHES; A SIX YEAR DESIGN AND PERMITTING PLAN FOR THE FY2013/14 VANDERBILT, PARK SHORE AND NAPLES BEACH RENOURISHMENT; AND REVIEW THE SCOPE OF THE MARCO ISLAND BEACH RE-NOURISHMENT AND DISCUSS OPTIONS WITH THE COASTAL ADVISORY COMMITTEE Page 42 September 25-26, 2012 (CAC), TOURIST DEVELOPMENT COUNCIL (TDC) AND MARCO ISLAND WITH RESPECT TO A COMMENSURATE LEVEL OF RENOURISHMENT CONSISTENT WITH COUNTY WIDE FUNDING REDUCTIONS - MOTION FOR STAFF TO PURSUE BIDS FOR THREE METHODS OF RECEIVING SAND FOR THE RENOURISHMENT FOR SAND HARVESTING AND SIX YEAR RENOURISHMENT INSTEAD OF A TEN YEAR — APPROVED; MOTION TO APPROVE STAFF'S RECOMMENDATIONS REGARDING SOUTH MARCO ISLAND BEACH RENOURISHMENT PLAN (6 YEAR) — APPROVED MR. OCHS: Mr. Chairman, you have a 10:00 a.m. time certain item this morning. It is agenda Item 11 .C. It's a recommendation to approve an emergency truck haul beach renourishment for a portion of the Vanderbilt and Naples beaches; approve a six-year design and permitting plan for the fiscal year 2013-14, Vanderbilt, Park Shore, Naples Beach renourishment; direct the County Manager designee to review the scope of the Marco Island beach renourishment, discuss options with the Coastal Advisory Committee, the Tourist Development Council and Marco Island with respect to commensurate level of renourishment consistent with countywide funding reductions. Bill Lorenz, your Comprehensive Planning Director from Growth Management, will present. MR. LORENZ: Thank you. For the record, Bill Lorenz, actually Natural Resource Director. MR. OCHS: I'm sorry, Bill. MR. LORENZ: Problems -- glitches in the software system. Staff is here to present the recommended steps essentially in the county's beach renourishment program to include a six-year design life and permitting plan for the Vanderbilt, Park Shore and Naples beaches. Page 43 September 25-26, 2012 A limited emergency truck haul project for severely eroded portions of Vanderbilt Beach and Naples beaches, and to review the scope of the Marco Island Beach project. And a little bit of a common thread here, one of the biggest reasons that we're here, in re-reviewing the six-year design versus a 10-year design is essentially the FEMA's de-obligation of the 11 and a half million dollars has put us into a position where our revenue stream and funding sources for the next -- for the foreseeable future has been severely limited. And so need to really look -- we need to really cut down our project scope and ensure that we will have sufficient funds to spend -- to accomplish the projects that we have on the books. And this will require the Board to make a decision as to whether we should be looking at a six-year design versus the 10-year design that the Board has previously given direction for. I haven't seen O&B, but I know that we have -- staff from O&B, but we do have a specific attachment in the executive summary that does show the proforma. And they would be able to provide a little bit more detail after my presentation. Again, today's priority is really for the Board to give us direction for the six-year design rather than the 10-year design. And we need to have that direction so that we can begin submitting permit applications for this concept in order -- in staffs position to begin the project in the fall of 2013. Based upon other permitting requirements, we feel that that's the earliest that we could conceivably get started with the project. First what I'd like to do is I'd like to describe the renourishment plan. Then I'll cover the emergency truck haul and review of the Marco Island project. And then if there's any questions concerning the specifics of the funding sources, O&B staff would be available to review that. Page 44 September 25-26, 2012 On the visualizer I've displayed a map showing the proposed areas where we have -- I've color coded it -- this is from your executive summary -- color coded it in yellow where we will be proposing placing fill on the beaches in Vanderbilt, Park Shore and Naples. And the other thing to notice on the map is that we're not filling all of the beach. There are gaps in that renourishment plan. And those gaps are areas where through analysis it's been determined that there's adequate sand on those areas to protect the design width of the beach and also to have sufficient buffer. I'll call buffer. The term advanced reserves nourishment is used. But buffers that design width of the beach for six years of average erosion that we would experience on the beach. So those gaps then will not be renourished, because they have sufficient sand to protect the design width of the beach and that buffer. Essentially the analysis that the consultant has done is in these areas there's roughly 400 -- we're using 420,000, plus or minus, cubic yards of fill that will need to be placed in these areas that are marked in the yellow crosshatching. And I think there's a key understanding as to exactly how that volume has been calculated. First off, the volume is based upon maintaining a design width of the beach. Typically the design width is 100 feet. There are some areas where it's identified as 85 feet. But we're maintaining that design width of the beach. And that design width of the beach has been established to protect the beaches from particular storm events. So we need to ensure that that design width will be maintained. There are certain areas on the beaches that that design width does not exist. It's something less than that design width. So the first calculation that has to be made is to provide adequate fill to bring those beaches out to that design width. And that's roughly Page 45 September 25-26, 2012 around 119,000 cubic yards. At that point you have -- now have a template where you've designed your -- you've maintained the design width of the beach and now you want to say we need to be able to put more material on that beach to buffer it from future erosion. So in a six-year design, based upon average annual erosion rates, in six years we need to have a volume that would -- that as it erodes in six years' timeframe it will come back to the design width of the beach. So that erosion, that buffer, that's almost like a -- that's a sacrificial sand source that's going to go away, but as it's gone in six years, you've maintained the integrity of the design width of the beach. That's roughly around 209,000 cubic yards. The consultant then looks at, since we're not starting the contract, the construction until 2013, obviously during this period, between now in terms of this design and when we put sand on the beach, there's going to be some future erosion. So he includes that in his calculations. And then also, as we've done these designs going from one monument to the next monument to the next monument to be able to transition from certain areas that receive a lot of fill from areas that don't, there's some special adjustments that have to be established for that -- for those transition (sic), and that's about another 55,000 cubic yards. So that's how it comes to the calculation of 420,000 cubic yards for the six-year design project. And again, it doesn't -- it includes not just the erosion in that six years, but it also includes bringing the beaches that are below the design width up to their design widths. The total project is estimated to be costing around 15 to 17 and a half million dollars. As I said, the proforma budget that we have in Page 46 September 25-26, 2012 the budget provides the detail cost. And we also will scope manage the project. Remember that this analysis that we've done is an estimate. It's the best available information the consultant has put together. And we will use that information for permitting, we'll use that information for bidding the project. But as time moves on and if we see something different in terms of the profile of the beach changing, at the time of construction, just before construction, there will be a survey to be done so we'll know how the beach -- how the actual beach at that particular point compares to our design standards. And then there will be assessment to be made as the contractor now starts to put fill on the beach that he will adjust those areas so that we get the design width of the beach and we get sufficient fill to hit that six-year design so that every segment of the beach that's being renourished will meet those two requirements. In terms of timing, we're looking at the permitting constraints that we have. We have to submit a permit to the Corps and to the state. Brings us to mid September as being the earliest time frame that we think that we can do it. Like especially this is -- also then the timing is constrained with regard to sea turtle nesting. And sea turtle nesting season goes from May 1st through November 1st. What we intend to do is we intend to bid the project so that we can get a bid starting in September 15th and ending middle of June -- May 1st. And then also bidding the project outside of turtle nesting season completely. So that's -- we will get those alternates and then it will be a decision from the Board as to whether or not you want to begin work within the turtle nesting season, and understanding what types of impacts there would be with regard to the amount of turtles that could be impacted, or simply stay outside of turtle nesting season. And you'll have information, you'll have the biological information, you'll Page 47 September 25-26, 2012 have the cost information to make that determination so we can then bid it both ways. Recognize that it is a biological opinion that does allow beach renourishment to occur during turtle nesting season. So that's allowed, but it becomes a policy decision for Board to determine whether you want to do that or not. And that's when we'll have the alternatives for you. Let me just talk about the emergency truck haul. We have identified emergency truck haul for the Vanderbilt -- locations for Vanderbilt and Naples beaches of about 12,000 cubic yards each. You have to realize that the emergency truck haul really provides marginal protection at a fairly high cost. You're not able to put any of the material into the water, so you kind of start from your mean high water line, you add sand on about a 25 percent gradient, and that works out to maybe you're doing one to two feet of actual height of the beach in that particular location. It does not increase the beach's width, but it does provide a little bit more height of sand on the beach. The estimate that we have here is $650,000 to do those -- that hauling. Of course you'll have trucks on the beach in a conveyor system to bring that material in. One thing, of the executive summary you'll also note that we need to have Board declare a State of Emergency and authorize emergency repairs to these beaches to go through that process. But that would be something that is allowed. The Marco Island recommendation, again, with FEMA's de-obligation, where can we save some monies? And Marco Island is (sic) been designed for a 10-year design period. We're currently planned to begin construction in December, 2012, this year, where we propose to rebuild five erosion control structures and add 104,000 cubic yards of sand on the beach. Given the FEMA de-obligation and the change in funding revenue streams, and again, just looking at a comparison equity to the Page 48 September 25-26, 2012 Naples beaches gives some recommendation to take a relook at the Marco Island Beach and look at a six-year design. Roughly we're thinking that possibly that could save up to $200,000 if we moved in that direction. So the recommendation from staff would be to approve the emergency truck haul project, the six-year design and permitting plan for the Vanderbilt/Park Shore/Naples beaches, and direct the County Manager designee to review the scope of the Marco Island beach renourishment project and come back to Board with specific recommendations. With that, that ends my presentation, and if there's any questions, I'll be glad to try to field or have -- CHAIRMAN COYLE: We're going to take a break now for the court reporter. We'll be back here at 10:36 and we'll have questions from commissioners and/or speakers. (Recess.) CHAIRMAN COYLE: Okay, Board of County Commission meeting is back in session. We have commissioners who want to speak and we also have public speakers. What's your pleasure, Commissioners? Do you want to speak first? COMMISSIONER HENNING: I don't -- I just need a question answered. I could wait. CHAIRMAN COYLE: Okay. Then Ian, let's call the public speakers. How many do we have? MR. MITCHELL: Sir, we've got three public speakers, I think. The first speaker is Bob Krasowski. MR. KRASOWSKI: Good morning, Commissioners. Bob Krasowski. I would like to know if we are going to separate out the Page 49 September 25-26, 2012 emergency renourishment and the six-year plan. Because there's two different issues and items here, and three minutes isn't enough to cover all of them. My comments on the emergency management is go ahead, I think it's an appropriate action to take. My concern is the volume of sand being put and the slope it will create when water or beach, you know, there's a little activity in the Gulf. If the slope is too large, it makes a cliff, an escarpment, it's called. And that's a problem. But, you know, through analysis, math and all that stuff you can come to understand what the appropriate thing would be. Now, I hope and plead that I have an opportunity to make a presentation when it's time for the six-year plan. Or is that right now? COMMISSIONER HENNING: They're both one in the same, the item. MR. KRASOWSKI: Yeah. Well, okay, then I'll go -- can we separate them like we did yesterday at the Tourist Development Council? COMMISSIONER HILLER: They really are very different issues. And I don't think that you should have one vote that covers both. They're two separate contracts, you know, two separate projects. COMMISSIONER FIALA: But I think everybody kind of agrees that it should be -- COMMISSIONER HILLER: Well, the six-year issue is different than the emergency renourishment. And I think what Bob would like is that the emergency renourishment be addressed as a separate item. You know, maybe we divide this into part A and part B, and we could start with the emergency renourishment which only affects two small areas and is an immediate decision, versus the six-year design template which is a much different discussion. CHAIRMAN COYLE: I tend to agree. The -- but I'd like to Page 50 September 25-26, 2012 avoid the disruption of bringing up people two times to talk about a subject. Can you break your comments into two parts and deal first with the emergency renourishment and then with the six-year plan? MR. KRASOWSKI: Yes. I've just made my comments on the emergency nourishment. And then if you're going to deal with the six-year plan, I'd like to go over there and show you -- CHAIRMAN COYLE: By all means, go over there. MR. KRASOWSKI: Now? CHAIRMAN COYLE: Yeah. You've got slides, right? You want to show us some slides? Okay, fine. MR. OCHS: Mr. Chairman, if we're going to take these items separately, which I think is a good suggestion, we actually have three decision points for you. The Marco Island issue is the third. CHAIRMAN COYLE: Yeah. But the emergency replenishment issue is definitely different from the others. The other two are indeed ongoing replenishment programs -- MR. OCHS: Yes, sir. CHAIRMAN COYLE: -- that are going to be going on for a long period of time. MR. OCHS: Correct. MR. KRASOWSKI: On the six-year renourishment plan, and this segues from the truck haul emergency plan, I would suggest, and through my evaluation of the overall project, that we consider Collier County inland source truck haul option. And as shown here, this would provide us flexibility. And I'm talking about the emergency plan blending in with the overall plan at the appropriate time. This plan would provide flexibility with the choice of where and when to nourish. This is a truck haul as the whole thing. Hot spots, public beaches and hotels could be done first, and they are all accessible through existing beach access points. Page 51 September 25-26, 2012 Well, you can see this, and I've provided you all with a copy. I don't want to stay too long on this. But another positive thing is no pipes would be spanning the beaches during nesting or turtle nesting season. And the sand is available. And sand quality and grain size can meet Florida DEP criteria. And then we can avoid certain aspects of turtling nesting. I'm going to go over that. The economics of this are what is probably most striking, and that is that our bed tax dollars could pass through the local economy rather than shipping it out of state even. And I estimate that the truck haul option, based on staffs numbers, would fall somewhere between 11 and $15 million or even less when you get this much sand. The dollar multiplier coming through from the tourist department is that every time a dollar comes in it's 1.5. So this would actually -- could potentially bring 27 to $37 million into our local economy. And you know there are people in the economy that could use that money. And the rest of the thing here, we are already planning to use the truck -- sand. My recommendations along this line is to engage the Development Services Advisory Committee to analyze the local option. Do whatever it takes to bring them into it. There's a bunch of engineers, contractors, people that are very knowledgeable, hands-on people that could review that option. We'd use a different engineer to put the local option proposal together. We'd send out bid requests for both the local sand haul truck option and the dredge proposal. That way you can see separately the economics and logistics of all. And what I'm suggesting is that the sand truck haul, you look at what it would take in Vanderbilt and Park Shore and Naples and you can bid and adjust your program to whatever you think is best. And I'm almost done here. Page 52 September 25-26, 2012 The coastal management staff could receive a presentation from Gary but then go off on their own and then Gary could focus on the dredge options so we could keep the two things separate. And the engineers on the DSA board are more than capable and more knowledgeable on this kind of stuff than the CAC or the Economic Development Council. So it's worth looking into, Mr. Coletta, because most of those people that work -- would do the job come up from your area. This next slide, it says more. It's about how we can work a deal with the sand source in the future to set aside sand for us. Now, okay, so here's an important one. The next one is the -- and this will kind of be the next to last. Here is an emergence per week chart over the last several years for turtles. You can see way to the right is the line. I put in those big lines. The one all the way on the right is the end of turtle nesting season where the turtles have stopped laying and all you have is the nests that exist there and you can move those. So that's like September 15th, right? You know where they are and the plan is to possibly allow for renourishment into that. But to the left, that big line that identifies June 1st, look at all the turtle activity that's going there. And it actually starts at the end of April. These turtles are migrating time-wise because of the water warming more and more. So standard for turtle nest season is June 1st, but -- is May 1st, I'm sorry, but it even starts in April, okay. So I just want you to see that. That's pretty -- you know, there's a lot of turtles there. We've got to be sensitive to the turtles. The end might be doable. And with the truck haul, at the end you can put the sand where you want and avoid those nests altogether as opposed to the dredge where you have the pipes up and down the beach and you have to move them. Page 53 September 25-26, 2012 Here in the beginning on that chart -- I'm repeating myself. You got my point. Okay, so in conclusion -- and I appreciate the extra time. In conclusion, I would say we study the local sand source option incrementally as it applies to each of the individual beaches. There's a call for 60,000 cubic yards at Vanderbilt and then on the Park Shore, two segments; 60,000 to the Naples Beach is 291,000. They're all set up independently as far as piping sand onto the beach. So we should consider our options in the mix. Put local truck sand source nourishment option out for bid, parallel bid. And then the third but kind of something I've been interested in for a long time, and we've been discussing, is remove the April 21st to June 1st portion of turtle nesting season from the nourishment schedule. In other words, let's take that out altogether and let these bids, all of them, understand that we are not going to go into the beginning of turtle nesting season right now before it even has to go to other agencies. Thank you very much for your time. CHAIRMAN COYLE: And thank you for some very constructive recommendations, Bob. I appreciate it. COMMISSIONER HILLER: Can I ask Bob a couple of questions? CHAIRMAN COYLE: You can, but there are other commissioners ahead of you. Commissioner Henning, you wanted to ask a question. Do you want to ask it now or would you prefer later? COMMISSIONER HENNING: Later. CHAIRMAN COYLE: Okay. Commissioner -- COMMISSIONER HILLER: Yeah, I wanted -- CHAIRMAN COYLE: -- Coletta, Fiala, do you have any questions? Page 54 September 25-26, 2012 COMMISSIONER FIALA: I'd like to hear all the speakers and then we can -- CHAIRMAN COYLE: Okay, Commissioner Hiller, go ahead and ask your question. COMMISSIONER HILLER: Yes, Bob, can you clarify for me, what you're proposing is that we do a combination of the truck haul and the dredge; is that what you're suggesting? Because my understanding is the truck haul just places the sand on the beach and then the dredge would basically build the beach from the water side up. MR. KRASOWSKI: The emergency truck haul gets placed only on the beach. And this is the same sand, okay. But when you're allowed to put the sand on the beach and contour it to the full and regular beach renourishment, then I'm saying we can also consider using truck haul for that. So do the emergency, but in the future the other sand, let's go ahead and bid out the truck haul option. So yes, okay. COMMISSIONER HILLER: But let's look at it another way. If I'm understanding, and again, it's the technicality of how you get the sand on the beach. If you're saying that a conventional renourishment can be done by a truck haul and that you're not limited to the truck haul merely elevating the beach, that it can also expand the beach? MR. KRASOWSKI: Yes, yes. COMMISSIONER HILLER: If that is the case -- MR. KRASOWSKI: Yes. COMMISSIONER HILLER: -- then I guess my question is why is this emergency renourishment being limited strictly to the elevation of the beach? Why can't the emergency renourishment do what is necessary to cure the defect that is precipitating the emergency and expand the beach at the various locations? MR. KRASOWSKI: Well, see, that would be possible if you had Page 55 September 25-26, 2012 your permits. But the whole basis of the emergency is you're staying out of the water and you're just building up some -- the beach. You know, in an emergency which doesn't -- you have to declare an emergency and then that allows you to do that without -- I think you have to get the blessing -- you have to tell the DEP you're doing it. But because you're not going in the water, you don't need the same permits. COMMISSIONER HILLER: I see. MR. KRASOWSKI: So what's holding -- because that would be a great thing if the emergency truck haul could actually be part, which it would be, but we could start contouring the beach and do it now. COMMISSIONER HILLER: Well, I think it would be worthwhile asking the question. I mean, you know, obviously this issue of the plover seems to be what's holding up the renourishment of these beaches. And I really don't understand how the plover is not an issue at the Marco Beach. I didn't know that plover is only -- you know, I mean, obviously they're looking to renourish the Marco Beach with a dredge, what was the date, in December of this year. But the plover doesn't seem to be, you know, on the Marco Beach and for whatever reason only seems to be at these north beaches. Now, I guess my point is, is if we have several beaches that are in need of emergency renourishment and if there's no evidence of plovers on those specific beaches or whatever means we're using to bypass the plover on the Marco Beach, it would seem to suggest to me that we should be able to proceed very expeditiously. So I just really don't understand. There's a lot of-- MR. KRASOWSKI: You know, I've done research and called the plover man who's with the Florida -- CHAIRMAN COYLE: Plover man? MR. KRASOWSKI: Yeah, there's one guy, Jeff, in this room. But he kind of works for the Army Corps of Engineers. He'll talk to Page 56 September 25-26, 2012 anybody, but his operation feeds into their analysis. And, you know, the problem I perceive there is that we haven't started feeding them information, or at least he hasn't gotten any, you know, through the Army Corps of Engineers. Where the sooner we start, the sooner we can get going. Like we could do truck haul, right, like let's say in March, all of March and the beginning of April, you know, in spots and start accumulating sand there for its distribution if we could get the permits for this year. COMMISSIONER HILLER: If I may interrupt, what you're saying is very significant. Are you saying to me that the gentleman who is responsible for the plover biological opinion review has not drawn the conclusion that the plover is an issue and has requested preliminary information and has not received it from the county to make that determination? MR. KRASOWSKI: Yes, yes and yes. And there's some detail to that. He was interested, he told me. And this is in conversation, so it's not -- it's hearsay, right, in any kind of official capacity. But what he told me was that he would be interested to get the logistical information about the location of beach and all this kind of stuff so he could do a preliminary evaluation to see if he thought that the plover issue would be relevant. And he hasn't gotten that yet. But I think in defense of our people that are working on this, they probably want to throw everything together appropriately and then pass it through the channels rather than kind of this spot checking the way I do, you know. COMMISSIONER HILLER: Leo, I need help with this. Because this is, you know, diametrically opposed to the conversations I've had with staff. Could staff address this issue? MR. OCHS: Certainly. Bill? Page 57 September 25-26, 2012 COMMISSIONER HILLER: And Bob, if you could stay there, since you've spoken directly with this gentleman. MR. LORENZ: Yes, my understanding of the permitting process is for Marco Island we've already got the permit from the Corps, so they -- COMMISSIONER HILLER: How did we get it? MR. OCHS: Applied. MR. LORENZ: I'm not sure what it was. MR. McALPIN: For the record, Gary McAlpin. The Marco Island permit we have, we're using an existing permit for the Marco Island that the U.S. Army Corps of Engineer permit was existing and we had a biological opinion with that. We needed a new Corps permit for Marco Island, but we did have the U.S. Army Corps of Engineer -- excuse me, we did have the DEP permit for Marco Island. They looked at it and they gave us the approval that the existing permit we had was not required, did not require a biological opinion. So we have worked through that issue down on Marco Island. COMMISSIONER FIALA: And let me jump in for just a second. With that piping plover, if you remember a few years back, it was definitely an issue on Marco. And maybe you might confer, because they had a deal with the same thing, and they were really having problems with it as well. And maybe they have some hints to give us. Now, I can understand why it doesn't bother right now, because there's only rocks there, and I don't think piping plovers walk around on the rocks. But they definitely dealt with it, and they -- I believe they were successful in it. COMMISSIONER HILLER: Well, I have a real concern with what I'm hearing now, because now I'm being told that you already pulled the permit. And did you pull the permit for the Marco based on Page 58 September 25-26, 2012 a six or a 10-year design template? And when did you pull it? When did you apply for it? MR. McALPIN: We had direction from the Board to move forward with a permit application on Marco Island. We reviewed that with you. We moved forward with the permit application probably about -- probably about four months ago. We've needed to do that to move forward to get this project accomplished at that point to this year. We have had direction from the Board to move forward with that design. We talked about the design. The design was -- we permitted the design with the ability to rachet down the cubic yards that we had. The permit that we had was for 104,000 cubic yards, but we haven't decided on what the exact quantity for that beach renourishment would be, ma'am. COMMISSIONER HILLER: So it took you four months to get that permit? MR. McALPIN: No, ma'am. We -- the -- for the piping plovers, for the U.S. Army Corps of Engineer permit, I believe that permit was in place at that point in time. We've been working this permit for Marco Island for a period of four, five months to work that through. COMMISSIONER HILLER: So it took four to five months to get the permit for Marco? MR. McALPIN: That's how long we have been working it, yes, ma'am. COMMISSIONER HILLER: And you're ready to go? MR. McALPIN: Well, we're ready to go with the design that -- once the design is approved by the Board of County Commissioners. We haven't set the final quantities at this point in time. Again, the permit -- what the permit does, it allows you to put up to a certain amount of sand on the beach. You could always come Page 59 September 25-26, 2012 back and put less sand of that onto the beach. COMMISSIONER HILLER: That's not the issue. I mean, I guess my concern is it sounds to me like this whole issue about the plover is a red herring to intentionally delay the -- and I'm going to call it the north beach, anything but Marco -- the north beaches permitting. What I just heard Bob say is that the gentleman at the -- either through Fish and Wildlife or the Army Corps, whichever agency it is who deals specifically with the plover is waiting on information from the county with respect to the location of where the plover lives, walks, eats. And that the county has not submitted that information. What I'd like to know is what is the holdup, Leo? Why hasn't that information been submitted? I mean, this is -- I mean, you're supposed to be directing staff-- MR. OCHS: That's correct, ma'am. COMMISSIONER HILLER: -- to get things done. So why hasn't the Army Corps received the information to be able to make the determination that the plover is not an issue? MR. OCHS: We're going to answer that right now. COMMISSIONER HILLER: Okay. MR. McALPIN: Thank you. The piping -- we have completed our biological assessment that has been submitted to the Bureau of Ocean Energy Management. They've completed their first review. We've incorporated that into it. To this point in time the Board has told us to go with a 10-year design. What we have to do when we submit the application to the U.S. Army Corps of Engineers, which we're ready to do right after the Board tells us to move forward with a six-year design, we complete the design sketches at this -- at that point, we submit the biological assessment in terms of what we have to do, and that will initiate formal consultation with the Corps. Page 60 September 25-26, 2012 We have had extensive conversations with the Corps and with Fish and Wildlife Service on this issue. They have told us, and it is in writing, that they are going to require a formal consultation on piping plovers, Commissioner. So what our next step would be is to submit the permit application. As part of the permit application for the Corps, we have to submit the biological assessment. The biological assessment is complete. It took us about three-and-a-half months to complete that biological assessment. We have not been delaying doing that work, and that's on the schedule that we have moving forward. COMMISSIONER HILLER: Bob, can you comment on that? MR. KRASOWSKI: I think -- I don't know. I don't know enough to evaluate the entire effort. But it does seem to me that things have been moving pretty slow. But a lot of it had to do with the option of the 10-year plan, which was an option. There's always this discussion about what you approved and what you didn't approve. But Commissioner Hiller, if I might, being that we have Mr. Lorenz here, and I've had a conversation with him earlier on the -- this chart and the turtle nesting season, I'd like to have his comment on record about what he thinks about what I've suggested for avoiding the beginning of turtle nesting season. Bill, would you mind? MR. OCHS: Mr. Chairman, is that what you'd like to do at this point in time? CHAIRMAN COYLE: It's okay, if he can do it briefly. MR. LORENZ: Yes, Bob makes a good point with regard to the turtle nesting in terms of the extreme ends. As you can see from the chart -- and this is what they call emergences, which is basically coming up from the beach to nest. The hatching occurs -- it would be 60 days in time, then the hatching occurs. Page 61 September 25-26, 2012 But what you can see is that the tail end of the season, you have less nests being -- less turtles nesting. You know where all the nests are, because you've done the monitoring. And so to start your project at the tail end of the nesting season has less impact on the sea turtles than if you were to start it in the beginning of the nesting season. So if you were to try to set up a contract in a window, you would definitely want to be able to -- if you needed to have that time, you'd want to be able to shift that time to the latter part of turtle nesting season. So starting in early September I think would be the least amount of impact. Once you get into, and what Bob's information shows, the last couple of weeks in May, that's when you -- that's when you're starting to have a greater adverse impact on that species. But -- so I think his -- he does have a valid point there with regard to the emergences. The other thing to recognize as well is that this of course is total nesting. And you have some differences based upon the various beaches. But again, you have that data and information you can assess as you're trying to work your project and try to optimize, you know, getting the project done and having the minimal ecological impact. And I also want to make sure that I -- I kind of tripped over -- I believe in the executive summary we talked about June 1st would be the ending of the project. COMMISSIONER HILLER: And given the smaller scale of the project now, Bill, obviously the number of months needed to do the work will be significantly less. So this whole notion of having this very expansive project from a time perspective is now gone. MR. LORENZ: I would say it would certainly be reduced proportionately. We'll have to see how that works out. You never know in terms of the weather -- Page 62 September 25-26, 2012 COMMISSIONER HILLER: Of course. MR. LORENZ: -- those types of things. But everything else being equal, you certainly have a reduction. And again, my point is, and this data that Bob has brought to be able to show you pushes, to me, the recommendation towards the -- in September to be able to really make sure you can start then so you can avoid that beginning of the nesting season as much as possible. CHAIRMAN COYLE: Okay, Commissioner -- do we have any other public speakers? MR. MITCHELL: Sir, we have two more public speakers. CHAIRMAN COYLE: Two more public speakers. Let's get the next public speaker. MR. MITCHELL: The next public speaker is Mick Moore. MR. MOORE: Good morning, Commissioners. My name is Mick Moore, and my family owns the Vanderbilt Beach Resort on Vanderbilt Beach. First off I want to say thank you to the Commission for considering the emergency truck haul. The beach in our area is extremely narrow. It's critically eroded, as it is up in parts of Naples, and I appreciate the action you're taking to address that. I want to point out that although I'm here representing my family business, which is a hotel, that emergency truck haul will also renourish the beach that's the biggest county public beach, or the most widely used public beach, so it's going to dramatically affect things for the public or at least help the public beach. The hotels really show up here talking about this issue because we're canaries in the coal mine. We're the first people to notice a problem with the beach because we're there every day. And of course it impacts us economically as opposed to just someone from the public who wants to go to the beach and doesn't have a place to sit. But it is really a public issue, it's not just an issue for the tourism business. Page 63 September 25-26, 2012 We need to go forward with beach renourishment as quickly as possible and do everything we can to get every permit we need. This project is already going to be a year late by the time it's done. It was done in 2006 and it was supposed to commence again in 2012, right now, and we're talking about 2013 and 2014. That's a problem that needs to be addressed in the future. I'm pleased that we're going back to a six-year plan, because experience this time has shown than it might be a seven-year plan, if we continue to be late. This is too important an issue to allow to slip a year to a year and a half. And if it had been on time there would be no discussion of emergency renourishment at least for my beach, and I wouldn't even be here, I'd be minding my own business and taking care of it. I've raised questions at the CAC meeting and talked with Bill yesterday about some of the numbers that are used in the estimate that's put forward. The way they calculate the numbers for specific markers, I'm not an expert and I can only comment on the ones that relate to my little slice of beach out in front of my business. And I just want to make sure that the estimates that the engineers have come up with as to what the beach conditions are now are accurate. Because when I look at it, it looks like they're estimating me to have a lot more beach than I really have. But again, I'm not a scientist, I'm not an engineer, I'm not in the business of measuring this, but I'd urge the Commission on a project of this scope and this amount of money to second check the numbers if possible with someone independent. Again, thank you for taking action on the emergency truck haul, and please speed this through as quickly as you can, because we desperately need it. Thank you. COMMISSIONER HILLER: I'd like to address Mick, if I may. CHAIRMAN COYLE: Okay, go ahead. COMMISSIONER HILLER: Mick, I just want to make sure that Page 64 September 25-26, 2012 you understand that this emergency haul is not going to expand the beach. Your beach is going to -- or I should say the beach in front of your property and the other properties adjacent to you are only going to be raised. But that small beach that is there now is going to continue until the renourishment, which based on the time line that I'm hearing right now, which I find unacceptable, could be as much as two years. So you're going to be in this adverse situation for a very long time. MR. MOORE: And that's going to be a problem for us, as well as for the public and everybody else who uses the beach. Anything that can be done -- the best case scenario for all of us would be to speed up and get the permit to put sand in the water and extend the width of the beach. If all we can get is some protection against the storms that are inevitably going to come, then we'll take it. But I'd prefer to have the full renourishment proceeding as it was originally designed. COMMISSIONER HILLER: Yeah. And that makes perfect sense. And that raises the question in my mind, Leo, why the permits were not pulled and why the dredge isn't occurring in November as it should, based on the permit that we pulled, which was a six-year design template. And I'd like an explanation for why that didn't happen. And please don't say it's because they were looking at a 10-year design as an alternative. Because if you were looking at a 10-year design as an alternative, that dredge still should have been dropped this November. We had a six-year design permit in place. Now, the economic impact to the county is very significant. These beaches are critical to tourism. If people are not going to come back because they see that our beaches are poor compared to Sarasota, for example, that's a big problem. And we'll never be able to quantify the lost business as a consequence of what I consider to be, you know, Page 65 September 25-26, 2012 an unacceptable delay based on that permit we pulled in 2005 for the 2006 six-year renourishment. So I would like an explanation. And I really don't want it to be because we were considering a different design template. MR. OCHS: Well, Commissioner, you were considering a different design template. We've had discussions over the last several months with this Board about looking at options for a 10-year renourishment interval verses a six-year renourishment. In fact, this Board authorized the staff to go out to get engineering services to design up to a 10-year renourishment. Then along came the FEMA de-obligation. $11.2 million went out of the budget and went into a reserve account and that drove the decision at this point to preempt the 10-year design and come to the Board and recommend the six-year design, given the funding available. COMMISSIONER HILLER: It still doesn't explain why that 10-year design, when you knew about it a long time ago, wasn't started earlier if that was what was considered. Again, we should have been in a position to put the dredges in the water this November. And it's very concerning. Because this doesn't only affect the tourism industry, it affects the public of Collier County. We have a lot of users who live here in Collier County who are now being deprived of being able to enjoy their public beaches as a consequence of these problems. And I find it very concerning. MR. OCHS: Commissioner, I'm not aware of anyone that's been deprived of the use of the beach. COMMISSIONER HILLER: Well, I can tell you, the beaches are very small compared to what they were when they were renourished. They're at the point that they need to be renourished. Except for Marco. Because Marco's beaches are about, you know, three football fields in length, whereas the beaches at the north end of the county are well under 100, and they only go up to 100 when Page 66 September 25-26, 2012 they're renourished. Now, for some reason we're expediting the renourishment of, you know, beaches that are three -- you know, 200 to 300 feet wide but yet beaches in the north where the public crowds because that's the only place where there's parking are eroding before our eyes, you know, right up to -- Mick, do you have pictures of-- COMMISSIONER FIALA: Excuse me, we -- COMMISSIONER HENNING: Can we get the public speakers? COMMISSIONER FIALA: -- we're not trying to renourish the Marco beaches. Only the one point where it's rocks. That's all we're trying to do there. So we're not really trying to redo that. And I'd like to hear the other speakers so we can get on with this subject, please. CHAIRMAN COYLE: Yeah, that's the reason we haven't reached a decision on the beach renourishment issues after months and months and months and months of debate and questioning and delays. That's the reason we haven't been able to start the renourishment process. So let's call the next speaker. MR. MITCHELL: The next speaker is Marcia Cravens. And Commissioner, this will be your last speaker. COMMISSIONER HENNING: And then I'm first. MS. CRAVENS: Good morning, Commissioners, and thank you for the opportunity to speak on this important item. If you would, I do have some comments on the truck haul beach renourishment separately from the overall county beach renourishment. So I beg your indulgence on allowing me to speak separately on those items, similar to what Bob did. And I would concur with the two prior speakers in urging that the truck haul sand proceed as soon as possible. When I'm done with my comments, I think I might be able to provide a little more background Page 67 September 25-26, 2012 about how U.S. Fish & Wildlife Service and the Corps permitting is different from DEP. Because a lot of times when you hear the word permit, what that means is the state permit, not the federal permit. So I would just point out that on the upland truck haul sand renourishment, the source from Immokalee, although I don't know exactly how they sort out their sand, the last time that source was used there was a lot of silt. May not have had the proper oversight. And I do believe with proper oversight that they likely can provide high quality sand. But what I've land is that the site for source known as the Ortona source in Labelle was used in the years 2000, 2001 and 2002 for hot spots. That that was used as a step design that worked very well. It helped to stabilize the beach and it also was very good for the turtle nests being able to withstand storm surges and things like that. So I would recommend that several source sites be looked at. One other thing about the truck haul stuff is that seriously eroded beaches where the gaps are for the county-wide beach renourishment project includes Clam Pass Park Beach. In an all-ranking criteria that beach should be ranked very, very high as getting renourishment either by truck haul sand or by the county-wide beach renourishment from the off-shore source. Because it has all those amenities. It's got the commercial establishment of the Waldorf Astoria Hotel which brings lots of tourists to the area. You've got a large parking lot of nearly 200 spaces. You've got dedicated restroom facilities, concession for food and drink, as well as concessions for beach chairs, umbrellas, kayaks and canoes that are very popular. So it's one of our most publicly accessible and popular beach areas, and yet it's very puzzling that it's not included to be renourished from either the truck haul source or the off-shore source. That also creates a situation of competing uses where expanded dredging has raised its head for being promoted for Clam Pass, which Page 68 September 25-26, 2012 directly leads to increased erosion and increased migration north. So those are some concerns. I would hope that Clam Pass Park's beaches will be added to either the truck haul source for sand or the off-shore borrow source and no longer be a gap. I have accumulated a lot of information about county-wide beach nourishment projects. And I would just -- I've gotten information from DEP for materials that were submitted by Collier County for the local share for grant. COMMISSIONER HENNING: Hang on. Can we stay on the topics, please? MS. CRAVENS: Well, the first topic was the truck haul sand, the truck haul emergency beach nourishment. COMMISSIONER HENNING: I just want to get this done so we can give some direction. MS. CRAVENS: Okay. The second thing that I'd like to address now is the other issue about the county-wide beach renourishment. And I would point out that in 2006 and '07 you only had two gaps. There was a total of about 655,000 cubic yards of sand. And that was nowhere near the 17 to $20 million price tag we're being told that the next beach renourishment would be for nowhere near that amount of sand. Some of the information that I've just recently obtained was from Lee County for beach renourishment they did in 2011. The cost to them was $3,533,486.80 for 315,000 cubic yards of sand. So I think we really need to scrutinize the cost that we're being told, the price tag for the beach renourishment. If Lee County did this for a fraction of the cost for almost as much sand, then we really need to be looking at how we arrived at the cost for our beach renourishment. Thank you. COMMISSIONER HENNING: Okay, I don't think the emergency truck haul is in contention, so I would like to make a Page 69 September 25-26, 2012 motion on that. However, I do still have questions. CHAIRMAN COYLE: You want to ask the questions before you make a motion? COMMISSIONER HENNING: No, I want to make the motion and get this off the table. COMMISSIONER FIALA: I'll second the motion. COMMISSIONER HENNING: However, also in the motion is direct staff to prepare an emergency resolution instead of just relying on the minutes. If that's what you need for the permitting agencies, that should be the proper motion and direction -- COMMISSIONER FIALA: Yes, that's -- COMMISSIONER HENNING: -- for the Chairman to sign. COMMISSIONER FIALA: Yes, I agree with that, and that is in my second. CHAIRMAN COYLE: Okay, I -- COMMISSIONER HILLER: I want to be sure that this emergency truck haul does not -- is not used an excuse to continue to delay obtaining the permit, as Mr. Moore and the others have pointed out. And we have to get that permit as expeditiously as possible, because we're behind. MR. OCHS: Commissioners, we're not delaying that, we never have, and we're going to continue to expedite that to the best of our ability. CHAIRMAN COYLE: Okay, all in favor of the motion, please -- we have a motion for approval of the emergency truck haul renourishment by Commissioner Henning, seconded by Commissioner Fiala. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. Page 70 September 25-26, 2012 COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion carries unanimously. Commissioner Henning? COMMISSIONER HENNING: The second thing is if we were going to renourish the beaches in November of 2011, the permitting process would have started in 2010. There was no discussion at all about a 10-year design so, you know, I think the Board really deserves an answer in the future. Not now. We've spent way too much time on this item and we have a lot more to go. The second thing, I would like to know why was this a time certain item? MR. OCHS: Commissioner Hiller asked for a time certain item. COMMISSIONER HILLER: I had constituents that requested that it be at a time certain. COMMISSIONER HENNING: Would it be -- as far as a land source for sand bid, would that delay or cost -- it shouldn't cost anything if we ask for a bid for the six-year renourishment. MR. LORENZ: Six-year. COMMISSIONER HENNING: A land source of sand instead of MR. McALPIN: We could stretch for the bid in such a way we can get prices for truck haul, we can get prices for a hopper dredge, and we can get prices for cutterhead dredges too. So we could do that, Commissioner. COMMISSIONER HENNING: Okay. Answered my questions. I would like to include that in -- COMMISSIONER FIALA: I think that's a great idea. I don't know if you need nods or -- COMMISSIONER HENNING: No, we need a motion. Page 71 September 25-26, 2012 COMMISSIONER FIALA: Okay, I'll second it. Because that's an excellent idea. CHAIRMAN COYLE: Okay, the motion was to pursue opportunities or pursue bids for three different methods of sand harvesting for replenishment. Is that not true? COMMISSIONER HENNING: That's true. And give staff direction for a six-year design permit. And I'm assuming that is with the existing consultants that we've already approved, we're going from a 10-year to a six-year. No more doing the 10-year; is that correct? MR. LORENZ: That's correct. CHAIRMAN COYLE: Okay, the motion was made by Commissioner Henning, seconded by Commissioner Fiala. COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Any further discussion? COMMISSIONER HILLER: I'd like to -- strictly on the hauling or on -- okay, the hauling, we're treating that a separate motion from the six-year design template, Commissioner Henning? COMMISSIONER HENNING: No, the bids come back is (sic) give us choices whether it be a haul offshore or whatever, give us options on that. But they're bringing back options on renourishing the beach out of turtle season -- turtle nesting season and shoulder turtle nesting season. MR. LORENZ: Correct. COMMISSIONER HENNING: Yes. COMMISSIONER HILLER: Now, there's another -- if I may, Commissioner Henning, there's another issue, and the other issue is if you do proceed with a dredge, we were, or at least I was not given a copy of what was submitted to the state. And they have already -- staff has already submitted to the state a budget for the six-year design template that proposes partnering with Long Boat Key as a dredging Page 72 September 25-26, 2012 partner. Now, that was never brought to the Board, that has never been discussed with me or I don't know if it was maybe discussed with you or the others. But I think that, you know, one of the things that we need to address is do we want to partner with Long Boat Key? Because staff is moving forward as if, you know, that is what we're doing. And that's what they sent to FDEP. COMMISSIONER FIALA: But the motion is to discover which of these methods would be the best and most efficient and time-wise the effort that we want to pursue. COMMISSIONER HILLER: And part of that ought to be whether or not there should be a partnership and if so, with whom. Because that would be part of the overall cost analysis. COMMISSIONER HENNING: Well, there's a lot of problems with this whole thing. You know, if we were to going to renourish in 2011, we should have had this discussion in 2010 prior to you being on the Board. COMMISSIONER HILLER: Correct. CHAIRMAN COYLE: Okay, Commissioner Coletta, did you want to -- COMMISSIONER FIALA: Well, we have a motion on the floor. CHAIRMAN COYLE: Yeah, but Commissioner Coletta seems to have -- COMMISSIONER COLETTA: Yeah, I do want to enter this discussion that's going on. And I turned my light on some time ago. Let's go back to the cost and the urgency of this whole project. I heard you mention earlier in your discussion about we could get a waiver as far as the turtle nesting season goes? MR. LORENZ: Well, there's a biological opinion that allows turtle nesting season throughout the year, subject to certain permitting requirements. So you're allowed to -- Page 73 September 25-26, 2012 MR. OCHS: Allows renourishment. MR. LORENZ: Allows -- yes, what did I say? MR. OCHS: You said turtle nesting. MR. LORENZ: Allows renourishment throughout the year. So -- but it does -- I'm not familiar with the specific details, but it would have certain requirements that you'd have to follow. COMMISSIONER COLETTA: Would there be a considerable savings in cost if we were to get this permitting done and be able to continue through the turtle nesting season? MR. LORENZ: Well, that's part of the executive summary. What we had in your backup was that we would be having alternate bids within nesting season and outside of nesting season. So you would have the ability to see what the cost savings could be. COMMISSIONER COLETTA: And it could possibly happen sooner, if we were allowed to ignore the turtle nesting season as far as the dates go? MR. LORENZ: It would allow for year-round renourishment. I'm not sure whether we could -- I'd have to ask Gary whether we could start sooner with that kind of requirement. But if you start sooner, then you're into that heavy area of sea turtle nesting. COMMISSIONER FIALA: We don't want to do that. COMMISSIONER COLETTA: So what we're going to do is we are going to have that into the process where we can see what the cost would be, the cost savings. MR. LORENZ: Correct. COMMISSIONER COLETTA: Yeah, because my understanding is, is that if it's done in a -- with people observing what's taking place and moving the nests that it can be done with as little trauma as possible to the turtle population. And as much success as we can find for the tourist population. Both begin with a T. MR. LORENZ: All a balancing act and trade-offs. Page 74 September 25-26, 2012 CHAIRMAN COYLE: Okay, all in favor of the motion -- you didn't want to talk about this issue. COMMISSIONER FIALA: No. CHAIRMAN COYLE: You want to talk about another issue. COMMISSIONER HILLER: Can the motion be repeated, please? COMMISSIONER HENNING: The motion is to direct staff to work with the consultants to obtain a six-year renourishment permit, use -- when you come back with bids you want to make sure that one of them is a truck haul besides what's being suggested by staff What was the other? CHAIRMAN COYLE: The other two was a cutterhead. What was the third one? MR. LORENZ: Hopper. COMMISSIONER FIALA: Sand source? MR. OCHS: Hopper. MR. LORENZ: Hopper dredge. CHAIRMAN COYLE: Hopper dredge. Okay, so you're going to come back with three costing alternatives to include trucking, cutterhead and hopper, okay? MR. LORENZ: Yes. COMMISSIONER HILLER: Without options for the difference in cost between turtle nesting and without options for difference in cost in partnerships? COMMISSIONER HENNING: No. It was outside of-- you're going to give us options outside of turtle nesting or shoulder and shoulder. MR. LORENZ: Yes. COMMISSIONER HENNING: Are you going to be looking at partnerships? MR. LORENZ: We had that in the executive summary. It wasn't Page 75 September 25-26, 2012 in your recommendations, but the background. It indicated that we would look at potential partnerships and look at costing that out as well, get a bid. COMMISSIONER HILLER: But you're already submitted to the state and said that you were going to do it with Long Boat Key. What have you submitted to the state? MR. LORENZ: There's a draft resolution that if interlocal agreement for -- if we were to pursue that, we've done some backup work to accomplish that, if it were to occur. COMMISSIONER HILLER: I mean, what was submitted to the state? MR. McALPIN: In the state package we submitted a draft interlocal agreement that we -- that is very preliminary, that if we did partnership with a local opportunity of a local government, we submitted a draft resolution. Why did we submit a draft resolution? Because when the state evaluates cost share proposals, they evaluate and they give extra points for regionalization. And the regionalization points that you get if you could achieve this are very significant. Which would put us potentially over the top in terms of state DEP cost share money. COMMISSIONER HILLER: So you didn't -- MR. McALPIN: That doesn't necessarily mean that we're going to do that. There's a lot of things that have to be worked out. And anything we do has to be approved by the Board of County Commissioners. But this is the preliminary step to let the state know that we're considering this option. COMMISSIONER HILLER: Did you -- so you didn't recommend any jurisdiction to the state? MR. McALPIN: We had said that we were -- told the state that we were looking potentially with Long Boat Key, and since that time Captiva Erosion Control District has also said that they would Page 76 September 25-26, 2012 potentially be interested in talking to us. But it's very open at this point in time how we move forward with this. If we move forward with the hopper dredge than we can propose this. If we don't move forward with the hopper dredge, then these other municipalities would not be interested in it. CHAIRMAN COYLE: Okay, all in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. COMMISSIONER HILLER: I want to qualify one thing. CHAIRMAN COYLE: Commissioner Hiller, wait a minute. COMMISSIONER HILLER: Okay. CHAIRMAN COYLE: Commissioner Fiala has been sitting here for the last hour waiting to say something. So Commissioner Fiala, it is your turn. COMMISSIONER FIALA: Thank you. My question is, if indeed the FEMA settlement comes along and we are relieved of a lot of the cost that we're now burdened with, and so we have extra dollars, will we then put it back into this renourishment for the north end of town to get that thing moving along, and possibly by that time we might even have some permits in place to move it into the water area? MR. LORENZ: Well, the -- one facet of that answer is it's going to be difficult to determine at what particular point are we going to be able to trust that we have the dollars back. Page 77 September 25-26, 2012 COMMISSIONER FIALA: Oh, I see. MR. LORENZ: So there's simply a matter of timing along those lines. Because if you have that money, then we kind of set aside, if we're going to have to pay for it, and we don't want to spend it and find out now we're going to have to -- COMMISSIONER FIALA: Well, that was my -- MR. LORENZ: But that's the timing. COMMISSIONER FIALA: Can we expand it, you know, when that comes through? Even though we hadn't planned on it at this point, we do have like an alternate plan just in case. MR. OCHS: Well, Commissioner, that takes us back to the 10-year versus six-year. We're designing to the six-year template. We're planning to renourish to the maximum of that template to restore the full six-year design. If you get more money available to put more sand in that takes you outside of that design, we may have to get some modification of a permit to do that. And that would all come back to the Board -- COMMISSIONER FIALA: Leo, I'm guessing that maybe I didn't say that very clearly or I didn't understand very clearly. I thought right now with this emergency trucking we can only take it to where it is just moving the thing up. We can't expand it in any way. But the six-year design does expand it somewhat is the way I understand it. But we can't do that right now. But if the FEMA dollars happen to, you know, appear, would we then be able to go right into the six-year design? That's -- MR. LORENZ: Well, we are recommending the six-year design in taking into account that de-obligation. So we can move forward with the six-year design. That's the conservative -- that's our conservative approach. COMMISSIONER FIALA: Oh, that's wonderful. MR. LORENZ: The question that I thought you had asked was if Page 78 September 25-26, 2012 we -- if FEMA does not de-obligate that money, could we apply that money someplace else. And in the future of course that's the question I answered was well, we're not -- how confident can we be of that. But if we were confident of that, then there are other projects that we could then prioritize for those funds to go into. COMMISSIONER FIALA: I'm just concerned right now with the beaches at north end of town, because from all that I've seen and heard, they definitely need this and I wanted to support that effort, and so I was trying to ascertain that. Let's see. And just trying to get to the fastest and most cost effective method to get this thing moving forward. By the way, I couldn't -- I can definitely work with the turtle nesting if we were very careful not to disturb things right into that first month either way, preferably at the end of it. But I could never go year round, so I just have to tell you. I'm just throwing that on the record. Thank you. CHAIRMAN COYLE: Okay, Commissioner Coletta, do you want to say anything more -- COMMISSIONER COLETTA: No. CHAIRMAN COYLE: -- at this point in time? Commissioner Henning? COMMISSIONER HENNING: Yes, motion to approve staffs recommendations on the south Marco Beach renourishment and erosion control structures rehab. COMMISSIONER FIALA: Thank you. Second that motion. MR. OCHS: Could we get some clarification? We're talking about a revision back to the 2005, '06? MR. LORENZ: Correct, the review would be go into a six-year design for -- COMMISSIONER HENNING: Six-year. Staff, is that your recommendation? Page 79 September 25-26, 2012 MR. LORENZ: Correct. COMMISSIONER HENNING: Okay. COMMISSIONER FIALA: And I agree on the second. CHAIRMAN COYLE: Okay, the motion was stated very clearly. You got it okay? Okay. So we have a motion by Commissioner Henning to approve staffs recommendations concerning the Marco Island renourishment. Seconded by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Motion carries unanimously. And I hope you have nothing more for us. MR. LORENZ: I don't on this one. COMMISSIONER HILLER: I would like to address something. CHAIRMAN COYLE: Okay, Commissioner Hiller, go ahead. COMMISSIONER HILLER: We at the last meeting approved a resolution to transmit a budget to FDEP, and staff made a commitment to actually show us what they were transmitting before that was done. I subsequently found out that not even Nick Casalanguida, Mr. McAlpin's manager, had the opportunity to see this before it was submitted. Now, I went on DEP's website and it's posted there. And I will Page 80 September 25-26, 2012 tell you that it does not represent what I believe is accurate. It proposes that there will be $5 million in federal funding. I have no idea where that money is coming from. It talks about this Long Boat Key partnership, you know, again something that we have never approved. I don't even see how that will result in economies either physically or financially, given the space, you know, or the mileage, if you will, between Long Boat Key and where we are. The resolution that we adopted is meaningless. We approved something that we never even saw. So I have real concerns about doing business in that fashion. The other issue I have is while I understand we made a motion to move forward with a six-year design template, I have concerns about the design volumes. And I agree with one of the speakers who proposed that these design volumes be somehow validated to ensure that they are in fact accurate. Because while it says that we need 420,000 cubic yards of sand, we need to know exactly where that sand is going to go. Just like Mr. Moore said, well, you know, I don't believe that the number they're saying that applies to us is the case. I'm sure there are others who feel the same way. We need to make sure that the allocation of the sand along the beaches is where it should be placed, and that secondly the quantities that are proposed are accurate. And while I understand that there will be an update, the problem I have is our entire budget is being predicated on these values here. And if these values are incorrect, then our budget is correspondingly incorrect. So I think that's something that needs to be brought back and addressed. COMMISSIONER HENNING: Those quantity values will be addressed through the consultants trying to obtain the permit; is that correct? Page 81 September 25-26, 2012 MR. LORENZ: That's correct. But staff, we can take another look at it and validate it -- COMMISSIONER HILLER: Thank you. I appreciate it. MR. LORENZ: -- and bring it back. COMMISSIONER HILLER: And Commissioner Henning, while what you say is a true statement, they already have provided the data that they claim they are going to be relying on for purposes of redeveloping the permit. And that underlying monitoring data from Atkins is what is in question. That is what was raised by Mick Moore and that is what I am raising again here today. These numbers are not materially different from what was presented earlier when the six-year and the 10-year design template were presented. And the numbers that I was coming up with were very different at that point of time. So I think it needs to be revisited and validated. And I really appreciate you, Mr. Lorenz, for your willingness to go back and verify that. And I know you have not had the time to do that, so thank you so much. MR. OCHS: Commissioners, you have an -- CHAIRMAN COYLE: Time certain. MR. OCHS: -- 11 :30 a.m. time certain. CHAIRMAN COYLE: Yeah. Item #12A A SETTLEMENT AGREEMENT IN THE LAWSUITS ENTITLED, FRANCIS D. HUSSEY, JR., ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D11- 1224; AND SEAN HUSSEY, ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D11- 1223., AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE Page 82 September 25-26, 2012 SETTLEMENT AGREEMENT - DISCUSSED AND MOVED ON TO THE CLOSED SESSION MR. OCHS: This is an item that the Board consider a settlement agreement and the lawsuit's titled Francis D. Hussey, Jr., et al versus Collier County, et al. Second District Court of Appeals case number 2D11-1224, and Sean Hussey, et al versus Collier County, et al, Second District Court of Appeal case number 2D11-1223. And Mr. Casalanguida will present. CHAIRMAN COYLE: Before you start, on advice of counsel, I would like to ask the commissioners to refrain from discussing the details of a legal settlement prior to any shade session that we might decide to conduct after the initial presentations are made. This is a very significant Burt Harris Act claim involving what, almost $100 million potential liability. So it would not be in the best interest of Collier County residents to discuss legal issues until we have a chance to confer with our lawyer in a shade session. Okay? MR. CASALANGUIDA: Very good, Mr. Chairman. You took the words out of my mouth, I was going to start with that opening remark. CHAIRMAN COYLE: Okay. MR. CASALANGUIDA: Very good, sir. I'm going to try and keep the three B's on this one. This settlement goes back to a 2002 land use decision. You've mentioned it correctly, it's up to $100 million in potential damages. It affects land use, traffic, hydrology, geology and environmental impacts. And with that said, I'd like to recommend that this Board send this down to the Planning Commissioners, your staff, David Weeks is here, I've discussed this with the County Attorney, and the applicant. And if that's your direction, we can keep this really, really brief. Page 83 September 25-26, 2012 COMMISSIONER FIALA: And I'd like to make a motion to do just that. COMMISSIONER COLETTA: And I'll second it. CHAIRMAN COYLE: Could I make an observation to you? MR. CASALANGUIDA: Yes, sir. CHAIRMAN COYLE: It would be almost impossible in my opinion for the Planning Commission to make a decision that would be binding on the Board with respect to a settlement agreement of a Burt Harris case. Why can't we divide this into two parts? Let's deal with the settlement issue but make it contingent upon the review by the Planning Commission. That gives us, the Board, the opportunity to discuss this issue in the shade with our lawyer about the potential ramifications and still get the benefit of the Planning Commission review. But putting one before the other is putting the cart before the horse. COMMISSIONER FIALA: I don't mind discussing it in the shade session, but I would like the Planning Commission to weigh in on it as well. CHAIRMAN COYLE: Well, I think that's possible and reasonable. And -- but what has been advertised here is a settlement of a Burt Harris claim. We have not had the opportunity to discuss among ourselves the ramifications of that settlement. And it would be -- I think it would be in the best interest of Collier County if the commissioners could sit with our lawyer and discuss as a group the provisions and the ramifications of that settlement, and then make a decision as to whether we would approve it or disapprove it. And if we did, we would come back into open session, we could discuss it and refer it to the Planning Commission. MR. CASALANGUIDA: Mr. Chairman, just for clarification, and I agree with what you just stated, your Planning Commission I Page 84 September 25-26, 2012 think would provide you what I would call the best checks and balances if you were going to settle. I don't think I'd be asking this Board to send it to the Planning Commission to come up with a settlement agreement, but to give you a list of stipulations and safety checks that if you were to settle as a Board that you should include in that settlement. I think that was probably the best way to state my recommendation for you to send it to the Planning Commission. CHAIRMAN COYLE: Well, I think it's putting the cart before the horse, quite frankly. And the responsibilities concerning settlement are clearly those of the Board, not the Planning Commission. But we should take into consideration the Planning Commission's recommendations. MR. CASALANGUIDA: Very good. CHAIRMAN COYLE: Is that an acceptable way to proceed, County Attorney? MR. KLATZKOW: Yes, it is. But I would like staff to present to the Board what this settlement would mean. CHAIRMAN COYLE: Okay. MR. CASALANGUIDA: I'm going to have Mr. David Weeks talk about the land use issues involved with this. But you're going back to 2002 we had a Growth Management Plan amendment as identified in your executive summary where the land use changes resulting from that eliminated the ability for mining in that property known as the Hussey property. And I'll point that on your viewer. The damages resulting from that claim's approximately $67 million in damages. What the settlement looks to do is to allow the Husseys the ability to mine that property, eliminating the ability or eliminating the requirement for a Growth Management Plan amendment, as well as a conditional use. That would require a mining application that would be reviewed in front of this board. Page 85 September 25-26, 2012 Because as part of that there's environmental impacts on the property and they have contractural relationships with the State Road 846 Land Trust. And Mr. County Manager, if you could point to that property, it's also highlighted. The settlement offer takes into consideration the second parcel under this Burt Harris type claim, where they would be trading some sending and receiving lands and adjusting that for both environmental value and reducing the mining in one area of the community and increasing it in the other. In other words, the State Road 846 would have more preservation near the Corkscrew Swamp portion of the county and reduce mining ability, and then the Hussey property would be mining as well, too. Mr. Weeks will come up if you want to hear some additional, and he'll talk about the land use balances that are in there. What we've done as staff is try to provide options in this settlement where at least every application that would go through this if the Board settled would go through some sort of public hearing process. And the property owner has agreed to that. So there is a safety mechanism there. It is not as complete as a Growth Management Plan amendment, but it does require a planned unit development application and a mining application, which this Board reviews. They have also agreed to participate in funding roadway improvements to get the mining rock out of there. That area in the North Belle Meade area is known for significant geological value in terms of rock and aggregate that's in there. So on this map the property -- the Hussey property is in yellow and you have the Wilson Boulevard directly to the right or the east of it, and to the south paralleling I-75. And then you have certain other roads in black that are also in the long-range transportation plan. The blue shaded area is a future study area and a long-range transportation Page 86 September 25-26, 2012 plan as well. And one of the things the Husseys have offered up in the settlement as part of the record is rock right-of-way and water management that would go with that to get the rock out of there to be able to provide a truck haul route and also participate with the other people that are doing the same. Impacts and concerns obviously at the bottom left-hand corner of that screen where both I-75 and 951 meet, some of the folks that live in that area would see an increase in truck traffic. But that would later be determined through the mining application. So your settlement does call that they would go through the mining application and those impacts from the trucks would be determined at that point in time. At the time of the mining application, if there are other routes, they've agreed to provide fill at cost for those other routes, but at free for any roads that abut their property in water management as well, too. They've agreed to participate in the North Belle Meade restoration project in terms of hydrological benefits to the county, as well as providing the water management for the necessary roads adjacent to their property. Those are significant as well too. Those are primarily a lot of the general I would call settlement terms. If you want to get into some of the detailed land use impacts, David has some tables that would talk about that, if you'd like to hear a brief presentation on that. David? CHAIRMAN COYLE: Commissioner -- COMMISSIONER FIALA: I wasn't finished yet. But I made the motion and now I don't know how Fred Coyle's -- or Commissioner Coyle's additions change what I just said. So what I said was I wanted this to go to the Planning Page 87 September 25-26, 2012 Commission. I believe -- you know, I have many, many questions and I would like to go into shade session just to ask some of my questions. At the same time, I do want to have the Planning Commission thoroughly vet this subject and bring back their conclusions to us before we move forward on any settlement or whatever we do. Did I make that clear? CHAIRMAN COYLE: Was it your motion or were you the second? COMMISSIONER FIALA: I believe it was my motion, because I said I wanted to motion right after they talked. And the second I think was from Commissioner Coletta, right? Or was it Commissioner Henning? I just heard a man's voice down there. CHAIRMAN COYLE: The -- well, I was hoping that we could have this in the shade and get some advice from counsel before you made a final decision on how you'd like to proceed. But if that's your COMMISSIONER FIALA: That's my motion. CHAIRMAN COYLE: -- your motion. There is a second. So how would that motion affect the shade session, County Attorney? At all? MR. KLATZKOW: I understand you still want to go into the shade. I mean, you know, I would think you'd want to go in the shade and come out of the shade with a motion, quite frankly. This way you don't bind yourselves now. COMMISSIONER FIALA: Okay, I could do that. If you feel that that's -- if that's guidance from you. MR. KLATZKOW: Where you're going I think that's probably the best way to go, ma'am. COMMISSIONER FIALA: Okay, fine. Then I -- MR. KLATZKOW: I also think you should -- COMMISSIONER FIALA: -- withdraw my motion. Page 88 September 25-26, 2012 MR. KLATZKOW: -- hear from Mr. David Weeks. CHAIRMAN COYLE: So the motion is pulled. And you'll have the opportunity to make a motion later anyway. So David, how much time are you going to take on that? MR. WEEKS: How much do I have? Very brief, Commissioners. COMMISSIONER FIALA: Forty-seven minutes. MR. WEEKS: Very brief. I'll say maybe five minutes. CHAIRMAN COYLE: Okay. MR. WEEKS: For the record, David Weeks of the Comprehensive Planning Staff Commissioners, you have two different sites, as has already been pointed out to you. The Hussey property comprises 966 acres, and the State Road 846 Land Trust comprises 2,576 acres. At the broad level this is more or less a swap of Hussey lands going from sending lands -- all of the Hussey property is designated as sending, so it's in a very restricted status. All of the SR 846 Trust lands are designate as receiving. So they have the most broad array of uses and development opportunities available for them. So at the broad scale, this is a proposal to take 945 acres of the SR 846 Trust lands, change it from receiving to sending to put it into a protected status, and then take -- from the Hussey site take 526 acres of it and place it into receiving status so that it has the ability to do earth mining and other intense development uses. And also for the balance of the Hussey site, that's 440 acres, over half of that would remain in sending lands in a protected status. Up to 115 acres of that could be excavated. So the net result is the county ends up with more sending lands than it has today on the map. CHAIRMAN COYLE: Which means more protected lands. MR. WEEKS: That is correct. Page 89 September 25-26, 2012 I think it's important to point out that for the SR 846 Trust lands, a part of the protected status of being designated sending, part of the benefit of it being designated sending would be through that property owner's utilization of our TDR program, Transfer of Development Rights Program. Because some of that land that would be designated as sending has been cleared in the past and contains active agricultural fields. So a restoration of those lands would be necessary to truly enjoy the benefit of that sending designation. But there is an incentive for the property owner to do so because post-excavation for the SR 846 Trust lands, if a residential development is proposed, that landowner is going to need TDR credits to enhance their development capability. If they don't use TDR credits, they're limited to one dwelling unit per five acres, which is a very small amount of development, relatively speaking. I want to get into a little bit of the specifics, Commissioners, and then I'll stop. Nick has already walked through the carrots, if you will, the offers of the -- both of the different sites, what they would provide to the county. For the Hussey receiving lands, proposed receiving lands, 526 acres, they would be allowed to develop all receiving lands uses, just as any other receiving lands within the rural fringe area would be allowed. But they would also be allowed three uses by right that are presently required to obtain conditional use approval. Number one, excavation. Number two, asphalt and concrete batch-making plants, which sometimes are located at an excavation site so that you can do your processing on-site rather than transporting the materials over to an industrial area and then do the processing. And three, a recycling facility for concrete and construction debris. And it's only fair that I point out that some of the receiving lands in the North Belle Meade overlay already allow excavation by right -- or excuse me, without a conditional use approval, and allow for the Page 90 September 25-26, 2012 asphalt batch-making plant without conditional use approval. An excavation permit does still require a commercial excavation permit. To do excavation, you'd have to have that. And that is a public hearing process. But of course the perspective of that is more technical in nature as opposed to a conditional use which is a land use approval process. For the Hussey proposed lands to remain as sending, 440 acres, they would continue to be allowed to develop sending land uses, as any other sending lands, except they would forego any residential development and they would be allowed up to 115 acres of excavation. And that excavation would not require conditional use approval but still would require the excavation permit. And the 115 -- up to 115-acre excavation site would forego any TDR credits. That is, only the sending lands that remain intact would be able to generate TDR credits. And also, the proposal is to extend the TDR early entry bonus by three years. Now move over to the SR 846 Trust lands, presently designated receiving. 945 acres are proposed to be designated as sending lands. The result of this will be extinguishing currently approved excavation rights on 202 acres. COMMISSIONER FIALA: Say that one more time? MR. WEEKS: 202 acres that are presently approved for excavation would have those rights extinguished, no longer able to excavate. COMMISSIONER HILLER: David, can I just interrupt you for a minute? MR. WEEKS: Sure. COMMISSIONER HILLER: I mean, I see poor Commissioner Fiala like feverishly taking notes. I mean, couldn't you make photocopies and give what you're presenting to all of us so we can Page 91 September 25-26, 2012 take it in with us? MR. WEEKS: Certainly. COMMISSIONER HILLER: I mean, there's -- it would certainly help. Because, you know -- MR. WEEKS: Certainly, Commissioners. COMMISSIONER HILLER: -- it's too much. MR. WEEKS: And to give you a heads up, it's about three pages total. The meat of it is probably more like two pages. COMMISSIONER HILLER: You would have had writer's cramp. COMMISSIONER FIALA: I would like that; that would make it so much easier. CHAIRMAN COYLE: The bottom line, it would be a lot better -- well, I mean, give us that information too. But can't you summarize the net effect on protected property? Would we be getting more or less? MR. WEEKS: You would be getting more protected lands. CHAIRMAN COYLE: And quantify that in some way for us for our shade session. MR. WEEKS: You would be getting more protected lands acreage-wise. There is a difference in the habitat types. Though both fall within panther habitat, I forget the term the federal government has, panther protection zones I think is the term. Both of those fall within that. The Hussey property is of course within the North Belle Meade area. There's a lot of other sending lands in that area, protected lands. Then you get to the east of that is Golden Gate Estates, and then you get to the Florida Panther Refuge and several other state and federal conservation areas. My point is that it has a connection -- through the Estates has a connection to large, large areas of conservation areas. Page 92 September 25-26, 2012 The SR 846 property up north of the Orange Tree area, close to Corkscrew Sanctuary, also has that panther habitat zoned location. But it is separated from the CREW Trust lands and Corkscrew Sanctuary to the west and northwest by Immokalee Road. Point being, it would require the panthers to cross an arterial roadway. And there's certainly reason for concern about that, the viability of having that area designated for protection for panther purposes. But a benefit of the SR 846 Trust lands via the restoration that we presume is going to happen for the purposes of gaining TDR credits, the agreement provides that wading bird habitat would be created. And I think we all know that Corkscrew Sanctuary is well known for the wood stork nesting that occurs there, and that is a federally endangered species. So there's certainly a benefit there. So that's what I meant by different types of habitat, different types of benefits, but they are -- overall there is an improvement or an increase in the number of acres that will be protected. Commissioners, I have a table which also I'll provide to you. It provides both individually for each of the two sites, Hussey, SR 846 and globally, both combined, the impact on the number of dwelling units, whether they go up or down through this agreement, commercial acres, excavation acres, eligible TDR credits, and some effort to address your specific question, Commissioner Coyle, about preservation and restoration acres both with and without TDR usage. That all may be helpful to you. CHAIRMAN COYLE: Thank you. COMMISSIONER HILLER: Can that be also introduced as part of the public record so anybody here who wants to review that -- CHAIRMAN COYLE: Well, it's all part of the public record. COMMISSIONER HILLER: No, no, let me just continue. So that anyone here who wants to review it over lunch can look at it, you know, before we come back after our shade session, if the Page 93 September 25-26, 2012 public has any questions. Okay. Because I see a lot of people in the audience that might have an interest. MR. KLATZKOW: David, in just a broad general approach, are we talking about a mitigation plan where we're allowing development into one area and we're mitigating it in a different area? MR. WEEKS: That's correct. MR. KLATZKOW: And in a broad generalization what we're doing is we're training the ability to mine in the SR 846 down towards the Hussey property. So we're simply exchanging one use for the other for this mitigation? MR. WEEKS: Also correct. MR. KLATZKOW: Okay, that's the broad outline, Commissioners. And the purpose of the Planning Commission would be to go back and vet the detail. COMMISSIONER HILLER: Can I ask one question? CHAIRMAN COYLE: Well, wait. First, how many public speakers do we have, Ian? MR. MITCHELL: Sir, we've got six public speakers. CHAIRMAN COYLE: Six. We're going to have to move quickly. Are you finished, David? MR. WEEKS: Yes, sir. CHAIRMAN COYLE: Anything else the staff has to put on record? MR. CASALANGUIDA: No, sir. CHAIRMAN COYLE: Okay, let's go to the public speakers and let them have their say before we break for lunch. MR. MITCHELL: The first speaker is John Vega, and he'll be followed by Nicole Johnson. MR. VEGA: Good morning, Commissioners. Page 94 September 25-26, 2012 CHAIRMAN COYLE: Morning. MR. VEGA: I've been before you twice before on this property, each time on close votes, asking for the Hussey land to be reclassified. And each time perhaps because of the nature of the manner I came before you, once was under the rural fringe amendments where I brought additional data regarding the hydrology and the geology of the rock formations. I wasn't offering anything, I was asking for something from you, but I wasn't offering anything to the environment and I wasn't offering anything to the county. We're here today on a settlement proposal of a two-count complaint. Count one, Burt Harris. Count 2 is a constitutionality attack which allows us to be much more flexible in a proposed settlement. And as I listened to the Commission years ago, I heard two primary concerns with what I was asking for, the environment and the potential impact to the TDR program. We wanted to keep a balance to the TDR program and we should not have a net loss to the environment. And that at least in my mind, although the lawsuit has been pending, has guided how I wanted to try to settle this, which caused me to approach the State Road 846 Trust. The Husseys are minority investors which allowed me the ability to speak to Don Barber about the possibility of a swap. And originally to keep the TDR's perfectly balanced we asked for it to be acre per acre. And we retained Passarella and Associates, Andy Woodruff, he's here today, and I said Andy, take these 2,600 acres and tell me -- find the most environmentally sensitive lands, however many acres that is, I don't particularly mind, and let me see if I can work a settlement there. Just go and find what's important. And he came back to me and he found 950 acres, 110 of which are gopher tortoise habitat and another 850 are part of the Corkscrew Page 95 September 25-26, 2012 watershed there, wading bird Habitat. They have an average wetland score under the UMAM system of .67 which is 50 percent higher than on the Husseys land, which is .42. Also because as negotiations commenced we sort of shrunk the amount of the Hussey acres that we're asking to be reclassified down to a little over half, about 500, but we left the amount of acres that we're going to place into preservation by two, the panther habitat units are almost doubled. And that leaves the Commission here with two doors to go through. Door number one is settle, in which case it gains the wading bird habitat, it gains a mile of right-of-way, it gains free fill for the Wilson Boulevard extension, worth about 400,000. It gains fill at cost, which is a savings of almost 2 million for the remainder of the Wilson Boulevard extension. It gains rehydration ability through these lakes because there's a pledge in here to cooperate with the county and water management to help assist in the rehydration of the North Belle Meade and the South Belle Meade. There are significant environmental and practical benefits. Door number two is none of those. Even leaving aside the consequence of potentially losing the lawsuit, which Charlotte County learned in the Rotunda case just this past June for $6.3 million. Leaving that aside, the county gains none of those benefits if we don't settle, and has the expense of defending this. Door number three is before you today. CHAIRMAN COYLE: Thank you. MR. MITCHELL: The next speaker is Nicole Johnson, and she'll be followed by Roger Rice. MS. JOHNSON: Good afternoon. For the record, Nicole Johnson, here on behalf of The Conservancy. We've only had a few days to review the settlement proposal but we have many, many concerns with it. We did ask staff to send us a Page 96 September 25-26, 2012 copy of their analysis, which you'll get copies of today for your discussion, and we found that some of their analysis really was a bit lacking, especially on the environmental assessment, which is something that you had brought up. I wasn't prepared to give you packets of information on this today, but I do have a couple of maps because I think it is important that you at least understand some of the environmental concerns and considerations. Is this really a fair swap? Was the Hussey property mis-designated as sending lands in the first place? Should the State Road 846 Land Trust been designated as sending? And I will provide this for you. I'll put it on the visualizer; it will be a little hard to see, but I will send it with you. Okay, first of all, for the Hussey property, and this is a portion of it and then it extends to the north. But all of this land is considered primary panther habitat. And if you can see the small red dots, those are panther telemetry points. So this is a property where you have panthers moving through it, across it. Panthers do utilize this lands. Another reason why the Hussey property was designated as sending is that it contains connectivity. From the east to the west, those NRPA sending lands and sending lands to the east, if this is cut off and mined, then you'd lose that connectivity. That was another important point for why that was designated sending. Also, the Hussey property is red-cockaded woodpecker habitat. And I don't believe that there's any RCW habitat that is on the State Road 846 property. This is a map of that property. And you can see it's in this area. It has neutral lands to the north, Estates lands surrounding on this side, Corkscrew Sanctuary is over here. It's mostly secondary panther habitat, only a little bit is primary panther habitat. And it would essentially create a corridor with no place to go for the panthers if they did cross Immokalee Road to get to this area. Page 97 September 25-26, 2012 So obviously we don't believe that this is environmentally a fair comparable land swap. And therefore we concur with staff, this should go to your Planning Commission, have them vet all of these issues. We understand this is a very serious matter. You have to protect the best interest of the public, of the citizens of Collier County, and we want you to have the best information in front of you to do that and we don't believe that you can do that today. So we appreciate the ability to provide you with input before your closed door session and we ask that you withhold recommendation of settlement until you send this to the Planning Commission and then you can make your decision with all that information in front of you. Thank you. MR. MITCHELL: Mr. Rice will be followed by Nancy Payton. MR. RICE: Hello. Roger Rice. I'm an attorney, and I represent the developers of City Gate, Commerce Park. City Gate is an approved PUD/DRI of approximately 287 acres. City Gate is a commercial industrial park and a vested DRI. City Gate is in close proximity to the Hussey property and will likely be the focus of the heavy truck traffic for many mining operations on the Hussey's property as it connects to County Road 951 or Collier Boulevard. City objects to the proposed Hussey settlement. In raising this objection, I note the letter of Attorney Richard Annunziata, which was sent to the Board members yesterday and I ask that it be made part of the record. City Gate wants to make itself very clear, it does not object to the Wilson Boulevard extension system as set forth in the Wilson Boulevard extension corridor study. Such a system will be of great benefit to the Golden Gate residents, existing uses, public service providers such as the county's utility division and the landfill, as well as City Gate. City Gate also recognizes the public interest served by resolving Page 98 September 25-26, 2012 this pending litigation and the limitation of the potential financial exposure of the county. But City Gate is adamant that that does not justify circumventing public review of a comp. plan change. The review should include review of how to pay for a road system that will not only accommodate the truck traffic from the Hussey's future mining operation, but also the existing traffic such as the county's lands fill and the county's South Collier Regional Water Treatment Plant and vested projects like City Gate. Sending this matter to the Planning Commission would be a start in the right direction, but we urge that you do not approve this matter until it has been properly vetted with the public -- excuse me, with the Planning Commission. I would also like to point out, I do not believe that the FLUE provides that mining is a permitted use. I ask that -- I urge you to look at the FLUE. It only provided that mining was a permitted use if Florida Rock did certain things. All other people that were in the receiving lands, like Section 20, it was a conditional use. Thank you. MR. MITCHELL: Ms. Payton will be followed by Don Barber. MS. PAYTON: Good afternoon. Nancy Payton, representing the Florida Wildlife Federation. And the Florida Wildlife Federation, since it opened its office in 1994 has been involved in efforts to protect the environmental integrity of North Belle Meade. In the 1998 challenge by the Florida Department of Community Affairs, we were an intervener, along with Collier County Audubon Society. That action, which we were successful in, result in the 1999 final order which said that Collier County had not been fulfilling its Growth Management Plan obligations to protect wildlife habitat, wetlands and wildlife itself. As a result of that came the Rural Land Stewardship Area and also the Rural Fringe Mixed Use District. The North Belle Meade Page 99 September 25-26, 2012 overlay was the result of a settlement of that litigation and we were one of the co-authors of the North Belle Meade overlay. It was challenged by Dr. Hussey and others. It was upheld through the administrative law process, and it's been upheld across the way in the courthouse. And it's been upheld on environmental values that the work that was done to identify that land as sending land was valid and was upheld through the legal process. I must say that we also were involved in the Burt Harris claim, and we initially were involved in the settlements but had to walk away because the environment was not getting its due. Commissioner Coyle, there may be on a balance sheet more acres, but as Ms. Ryan showed, the value between what we have now and those sending lands does not -- the 846 does not rise to the value of the sending lands that are being proposed to mine. And mining does not enhance or restore North Belle Meade. And that's just common sense. Also, I'd like to point out that the current overlay does provide many opportunities, including the wood storks up in the CREW area can benefit. When you go in the shade session and you come back out, we wish you would clarify what you're specifically asking the Planning Commission to do. Are they just to review and comment on the very specific language that was in the package today? Do they have the latitude to strike or rewrite settlement language, or make recommendations on that? Can they recommend new provisions? Can they recommend not signing and hanging tough in the courtroom? Because there is no value in the settlement agreement from the broad perspective. And once you receive the CCPC -- I'm also done -- recommendations, then what? What is the process after that? Will you just accept the settlement agreement, then pick and choose what Page 100 September 25-26, 2012 the Planning Commission recommends? Or is there another process? And lastly, we'd really like assurances that we're not, and other folks that came today to testify, unwitting participants in a Kabuki dance. This is really to get to the bottom of understanding what this settlement agreement is about, or is this just motion rather than action. Don't look amazed. CHAIRMAN COYLE: I don't know what a Kabuki dance is. MS. PAYTON: Well, a Kabuki dance is actually motion but no action because you already know the result. It's a political term. CHAIRMAN COYLE: I've never heard it, but that's all right. Okay, thank you. MR. MITCHELL: The next speaker is Don Barber, and he'll be followed by Mary Pat Hussey. MR. BARBER: I'll waive my time. MR. MITCHELL: Then the next speaker is Mary Pat Hussey. MS. HUSSEY: Well, now it's afternoon. Good afternoon. I think all of you -- most of you who are involved in this understand how long, how many months and years even that it's taken us to get to this point. I think a lot of the issues that were brought up I think we have discussed in mediation talks. I think we have come up with a proposal that we hoped would be a win/win situation for both the county and ourselves. I want to just request something actually that commissioner -- Chairman Coyle came up with. We're asking if you really feel that this can be approved, we would be very happy to meet and work things out with the Planning Commission. But it would be really so helpful to my husband and my family to at least have your initial approval based on what the Planning Commission comes back to say. We have spent many, many anguished meetings and months. This was our retirement. And at least it might give us a little peace to Page 101 September 25-26, 2012 at least know that dependent upon what the Planning Commission says we -- based on that maybe if they come back with no recommendations and approve it, then we don't have to spend months waiting to meet with you all again. Certainly if they don't approve and there are certain issues, we will come back to the table and present our issues again. But that's just a simple request, and I hope that you will all consider it. Thank you. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: Okay. Then why don't we -- we have no further business to deal with now. MR. KLATZKOW: I think now is the time for the shade session, sir. CHAIRMAN COYLE: Yes, okay. MR. MITCHELL: Sir, I should mention that the copies of the documents from David Weeks are in your conference room waiting for you. And I've made additional copies that I've put on the table in the hallway. CHAIRMAN COYLE: Who will be there to answer any questions we might have? MR. KLATZKOW: Unfortunately it's just going to be Mr. Ochs and myself. COMMISSIONER HENNING: Where's my sandwich? COMMISSIONER FIALA: I need to ask a question on the record before we go in -- MR. MITCHELL: It's on its way. COMMISSIONER FIALA: --just a fast one. CHAIRMAN COYLE: Okay, just a moment. Go ahead, Commissioner Fiala. COMMISSIONER FIALA: Okay. David, you had said that we would be gaining acres into -- for the environment rather than losing Page 102 September 25-26, 2012 them. But I have a problem understanding if the sending acres are now going to become receiving how are we gaining? I don't understand. MR. WEEKS: The Hussey property will be -- a portion of it will be converted from sending to receiving. So that's where you're losing. But up at the SR 846 Trust site, a greater number of acres are being converted from receiving to sending. That's the difference. More sending being created up at the other site. COMMISSIONER FIALA: Thank you. Thank you, Commissioner Coyle. CHAIRMAN COYLE: Okay. Then we're going to break for lunch. We'll be back here at 1 :18. Make it 1 :20. And -- COMMISSIONER HILLER: Could we make it 1 :30? It's a rounder number. CHAIRMAN COYLE: Do you need it 1 :30? COMMISSIONER HILLER: Yeah, let's make it 1 :30. MR. KLATZKOW: And just for the record, I have to make the following announcements. You don't need to be at the dais while I do this. CHAIRMAN COYLE: Okay. Well, I want to hear it myself. Go ahead. But let's decide upon the time to be back here. It looks like 1 :30 might be better. COMMISSIONER FIALA: That's fine. CHAIRMAN COYLE: We'll be back here at 1 :30. Go ahead. Item #12B NOTICE IS HEREBY GIVEN THAT, PURSUANT TO SECTION 286.011(8), FLA. STAT., THE COUNTY ATTORNEY DESIRES ADVICE FROM THE BOARD OF COUNTY COMMISSIONERS IN CLOSED ATTORNEY-CLIENT SESSION ON TUESDAY, Page 103 September 25-26, 2012 SEPTEMBER 25, 2012. THE SESSION WILL BE HELD AT A TIME CERTAIN OF 12:00 NOON, IN THE COMMISSION'S OFFICE CONFERENCE ROOM, 3RD FLOOR, W. HARMON TURNER ADMINISTRATION BUILDING F, COLLIER COUNTY GOVERNMENT CENTER, 3299 EAST TAMIAMI TRAIL, NAPLES, FLORIDA. IN ADDITION TO BOARD MEMBERS, COUNTY MANAGER LEO OCHS, AND COUNTY ATTORNEY JEFFREY KLATZKOW WILL BE IN ATTENDANCE. THE BOARD IN CLOSED EXECUTIVE SESSION WILL DISCUSS: STRATEGY SESSION RELATED TO SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE PENDING CASES OF: FRANCIS D. HUSSEY, JR., ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D 11-1224; SEAN HUSSEY, ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D11-1223 - CLOSED SESSION MR. KLATZKOW: Notice is hereby given that pursuant to Section 286.011.A, Florida Statutes, the County Attorney is desiring the advice of the Board of County Commissioners in a closed attorney-client session on Tuesday, September 25th. The session will be held immediately proceeding following this notice in the Commissioners' office conference room, third floor of this building. In addition to the Board members, County Manager Leo Ochs and myself will be in attendance. And the Board, in this closed executive session, will discuss a strategy session related to the settlement negotiations, litigation expenditures in the pending case of Francis D. Hussey, Jr., et al, versus Collier County, et al, Second District Court of Appeals Case No. 2D11-2024 and Sean Hussey, et al, versus Collier County, et al, Second District Court of Appeals, Case No. 2D11-1223. Page 104 September 25-26, 2012 (Luncheon recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commission meeting is back in session now. Where are we going now? Item #12C DIRECTION TO THE COUNTY ATTORNEY REGARDING SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE PENDING CASES OF: FRANCIS D. HUSSEY, JR., ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D 11-1224; SEAN HUSSEY, ET AL. V. COLLIER COUNTY, ET AL., SECOND DISTRICT COURT OF APPEAL CASE NO. 2D11-1223 - MOTION TO SEND TO CCPC FOR REVIEW WITH NO LIMITATIONS ON THEIR RECOMMENDATIONS — APPROVED MR. KLATZKOW: We're out of our shade session. We're now seeking direction from the Board. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Mr. Chairman, I make a motion. The statement is the Board has a strong interest in settling this lawsuit. However, we think it's in the best interest of the citizens and the Board of Commissioners that -- to send this down to the Planning Commission for their full review of the settlement proposal, since it deals with a lot of land use. However, we don't want to limit the Planning Commission on the recommendations with coming -- their recommendation coming back different than what the settlement proposal states. Page 105 September 25-26, 2012 CHAIRMAN COYLE: Okay. We have a motion by Commissioner Henning. It's been stated clearly. COMMISSIONER FIALA: And I'll second the motion. CHAIRMAN COYLE: Second by Commissioner Fiala. Is there further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify -- MR. MITCHELL: Sir, we do have some public speakers. CHAIRMAN COYLE: Oh, yes, we do, okay. MR. MITCHELL: The first speaker -- CHAIRMAN COYLE: I thought we got that finished, all the public speakers for this before we broke. MR. MITCHELL: No, this is -- well, this is -- MR. KLATZKOW: We don't do public speaking on this. I mean, that was the point of the prior. CHAIRMAN COYLE: Yeah. MR. MITCHELL: Okay. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, it's a unanimous vote. Okay, where do we go from here? Item #10I Page 106 September 25-26, 2012 UPDATE ON THE RESTORE ACT MEETING HELD ON SEPTEMBER 19, 2012 - COMMISSIONER FIALA - MOTION FOR COUNTY ATTORNEY TO DRAFT INTERLOCAL AGREEMENT WITH CONSORTIUM — APPROVED; MOTION TO APPOINT COMMISSIONER FIALA AS PRIMARY REPRESENTATIVE AND SECONDARY PERSON TO BE RECOMMENDED BY COUNTY MANAGER — APPROVED MR. OCHS: We go to Item 10.I on your agenda; it was a 1 :05 time certain. 10.I is to give the Board of County Commissioners an update on the RESTORE Act meeting held on September 19th, 2012 by Commissioner Fiala. COMMISSIONER FIALA: Thank you. First of all, Board members, I do appreciate you allowing me to go up there and represent Collier County. I'm proud to tell you that there are 23 counties that are affected by this Act, and all 23, 100 percent, were there and represented. And we were one of those 23. There were eight counties that are deeply impacted by this. They were all there as well. And today with us we have Doug Darling and John Wayne Smith, and I'm going to ask them to get up shortly. Commissioners, I don't know if you received my minutes or not from the meeting. If you didn't, that's -- we should have sent them to everyone. But if we are sending minutes out, then not only my minutes but we also had minutes taken from Debbie White and from -- well, the FAC had minutes and they sent them out. Didn't you send them out Friday? MR. DARLING: Not yet, ma'am. COMMISSIONER FIALA: Not yet? Okay, fine. So we've got minutes coming then from Florida Association of Counties. So I had minutes, my aide Alexandra had minutes and also Page 107 September 25-26, 2012 Debbie White had minutes. And if you have not received them, I do apologize. In fact, I have one in front of me that I can pass -- I'll pass to my right. And I will make sure that you get the rest of them. I'll ask Alex to send them out today. The main gist of this entire meeting was first of all how it will affect those counties within the State of Florida, the 23 counties. And that -- we're talking about the oil spill, okay, and the effects of the oil spill and what effects it had on these 23 coastal counties. Some of the counties there expressed a problem, especially I think it was Franklin County who said that their oyster business is almost dead because they can't get the oysters back. Another person stated, and this was from an environmental group, stated that the snapper were not hatching new babies this year and that will deeply affect the fishing communities. Another one was stating that the shrimp community will also be felt. And these are all direct -- in direct relation to the oil spill. The main theme of the entire meeting that day was that we must be united, we must work together on behalf of not only our county but all of the counties in the State of Florida. One of the things that came to light was there were five other states that are also affected by the oil spill. Interestingly enough, those five are all being handled through their state government. In our state we want to handle it through the Florida Association of Counties and through the counties. We want to be in charge of how the money is distributed, and make sure that it gets to the counties that are in most need, the counties that are suffering the greatest. And we've put together percentages and so forth. But first, commissioners, we need your agreement to move forward with a consolidated effort. And with that, please let me introduce John Wayne Smith. I don't know why we always say your whole name. It could just Page 108 September 25-26, 2012 be John Smith, right? MR. SMITH: Depends on where you're from. In North Florida everybody has two first names. COMMISSIONER FIALA: The further north you get the further southern you are, right? MR. SMITH: Exactly. I have the dual mistake of also being born from North Carolina, and I think everybody there has two first names as well. Thank you again, Commissioners, Mr. Chairman, folks from Collier County. Appreciate the opportunity to be here. For the record, my name is John Wayne Smith. I've worked with the People's law firm. I am acting as the consultant for the Florida Association of Counties on the RESTORE Act. And prior to starting with the People's Firm, I was the legislative director for the Florida Association of Counties. So I have a little bit of an overlap in terms of when I was working on the RESTORE Act in Washington versus what role I'm playing today. Commissioner Fiala did a great job of kind of describing what we were trying to do last week and why we had invited all of the counties to be at this meeting. We are delighted and thank Collier County for being there. We want every county to feel like that they're all getting the same information. What I typically try to do is just set the table. I think most of the counties have gotten the basic introduction on the RESTORE Act and kind of understand the nuances of the different pots. What I like to try to do is to try to set up what we think are the reasons why Collier County and other counties would want to consider coming together as a group. And I set that table. And then Doug is going to talk to you about the mechanism or the consortium concept of which we put on the table for counties to consider as the way to implement this RESTORE Act. Does that work Page 109 September 25-26, 2012 for everyone, Mr. Chair? CHAIRMAN COYLE: Go ahead. MR. SMITH: All right, thank you, sir. And I'm going to blast through a couple of things. But one of the things that I just -- I like to put out there on the table, because some folks do get confused between OPA and OPA Policy versus Clean Water Act Policy. The distinction is from my way of describing this in a very simplistic layman's term, OPA, which is the Oil Pollution Act of 1990 is a policy of making things whole. So if you're the responsible party in an oil spill or whatnot, in this case it was BP. And there are debates and some legal things going on about some of the other entities, private entities that may have been involved. But the OPA Policy is about replacing or putting back what is wrong. The Clean Water Act is a penalty mechanism on polluters. And prior to the RESTORE Act being passed, the policy would have been because of the BP oil spill that the federal government would receive what we would call a windfall of dollars. Because they are set to impose penalties per barrel from $1,000 to 4,000. Everyone who evaluated and looked at this issue said that just didn't seem right, it didn't pass the smell test. Why should the federal government get the windfall when these other five states and these communities that rim the Gulf of Mexico not get any benefit. So the concept of RESTORE centered around my first slide, which is a trust fund that is created especially for this purpose and it established a policy where 80 percent of the penalties, the administrative and civil penalties, are going to go into this trust fund and will be utilized by the five states and the mechanisms that they choose to have an environmental or an economic restoration plan. And that's the fundamental principle and the basic framework of the RESTORE Act. Now, why have we have talking to counties and why we've been Page 110 September 25-26, 2012 talking about the consortium concept and why we've been pushing softly, but we have been pushing, and encouraging counties to get organized sooner rather than later is you will see that the U.S. Treasury is going to be responsible for developing the rules and the procedures and the guidelines for which the different states and in our case counties are going to work in this framework. That 180-day deadline is going to set many of the parameters and those rules that will affect how you spend your county money and potentially how the consortium would work with the other dollars that the 23 counties are going to work on together. We think that Florida should be at that table and we would like to speak for you on behalf of all 23 counties. We don't think that we can do that if we don't have everyone at the table and if we don't get organized. So there are some deadlines looming that we're encouraging folks to pay attention to. And we think that by getting us organized that we can help participate in that process. The thing that I point out to every county every time I get to visit, and certainly if you get the chance to thank your delegation or our U.S. senator, Senator Rubio, Senator Nelson. We worked very closely with Congressman Miller and Mr. Southerland up in the Panhandle on this issue. But there was another policy that I think was especially beneficial to Florida and to our counties and that our delegation wanted to see, the local communities at the table making these decisions. And looking at the definition, you will see that the definition of coastal political subdivision is what the Florida model is built and framed around. A county that has a coastline contiguous to the Gulf. So we like to point that out. We also like to remind folks, if you get the chance to see your delegation, thank them for that. Because that's kind of an unprecedented policy to come out of Washington to make sure that the dollars flow to the local communities. Page 111 September 25-26, 2012 There's three pots. I'm going to kind of skip over those, but I'm going to focus on this oil spill restoration impact allocation. This is one of the three big pots. I'm not here to talk to you about what we call the county pot where each county gets some on an individual basis. What I want to kind of set the table for is a 30 percent pot that is distributed by a formula amongst the five states. You can see that the formula is in there, it's weighted, it's 40 percent based on oiling, 40 percent based on a distance from the spill and 20 percent from population. In the Florida model, while we estimate that the State of Florida will get 19 to 20 percent of that 30 percent, or if you're a real mathematician, that's about six percent of the total, what it refers to is a consortium and it says that at a minimum they will have a representative from each of the affected counties. And we are using the coastal political subdivision definition and we're recognizing every county from Escambia that is contiguous to the Gulf all the way around what I call the armpit underneath, coming around Jefferson all the way down the coastline, all the way down to Monroe; Collier being one of those. And all 23 of those we believe meet the definition and should be involved based on the RESTORE Act language as part of this consortium. And because no one else has kind of taken the lead in terms of getting this group organized because there's been so much work that has been done and because of the deadlines that we've kind of identified, we have suggested to counties that they use their own powers under Chapter 163 to create this entity, to get organized and to begin to lay the framework for an organizational structure to develop the plan, to make decisions, to prioritize projects. And if the state or the Governor or anyone else wants to catch up and play, they can. But no one should just be sitting on the sidelines or just letting this issue just sit there because of the importance of these issues, and we think Page 112 September 25-26, 2012 that Florida needs to be at the table. Our model is a little unique, Mr. Chairman, but, you know, we asked for it to be this way. We asked for the local input. We asked that counties be at the table and to be in a leadership position. Because we asked that, it does mean that we have more work to do, but we all think it's good work. But a lot of the counties that were below Jefferson down weren't in some of the lobbying, so it's a little bit new and it's a little bit fresh to some of the other counties, if you weren't involved in the lobbying effort. And that's why we're spending our time coming to you and trying to answer any questions. So that's just our setup. Doug is going to come up here and talk a little bit more about the interlocal agreement, how it fits with Chapter 163 and what the counties can expect and what we're trying to set up for later in October. Is that okay, Mr. Chairman? CHAIRMAN COYLE: Thank you. Yes, that's fine. MR. SMITH: Okay, thank you. MR. DARLING: Good afternoon, Mr. Chairman, Commissioners and staff. For the record, my name is Doug Darling. I'm a consultant with the Florida Association of Counties. Prior to being retained by the Florida Association of Counties I was the executive director for the state's new Department of Economic Opportunity. And before that I was the Chief of Staff at the Department of Environmental Protection during the oil spill. So I have a little bit of background in this whole thing. But I really would like to give kudos to John Wayne Smith and the rest of the Florida Association of County members who were so instrumental in getting this RESTORE Act passed. Because without that we wouldn't be having this discussion today the way we're going to have it, it would be more of a discussion about okay, the state's getting the money, what can we do to get some of that. As John Wayne said, the RESTORE Act created a unique Page 113 September 25-26, 2012 situation in Florida. And when I say unique, just to kind of draw a parallel, the other four states -- and to be clear, it's Texas, Louisiana, Mississippi, Alabama and Florida. The other four states all have permanently established entities. Some of them like in Alabama has an entire department underneath the Governor's office that does nothing but deal with -- that has dealt with the oil spill and the restoration. And they are named in the RESTORE Act as the entity that will be responsible for implementing the RESTORE Act in Alabama. In Florida, as John Wayne described, it lists the affected counties and requires those counties to come together and form a consortium to handle the RESTORE Act. So one of the assumptions we've made at FAC is that once a consortium is formed, it will be the legal entity that is responsible for implementing the RESTORE Act in Florida. And once that happens, FAC will transition out or fade into the background and be in a supporting role. The other thing that we have tried to do, as John Wayne said, is push softly, is that because of the deadlines associated -- the RESTORE Act was signed on or about July the 2nd or 3rd of this year -- there's a 180-day time frame, that the first initial plan and rules and procedures have to be done 180 days after that bill was signed. So we're looking at the beginning of January of 2013 for the federal council to be up and running, for the U.S. Treasury to develop rules that will impact how the consortium in Florida operates and under what policies. We have asked counties to consider joining a consortium and forming a consortium by October 1st. That will give the consortium three months to kind of get its act together and become a full-time player in doing the RESTORE Act. FAC's participation in this is not without precedent. I'm sure you Page 114 September 25-26, 2012 have heard or maybe you even participated in the Medicaid issue that happened this last year. And it's come to I believe a fairly justifiable and reasonable solution. Several counties still are trying to go forward with litigation. But for the most part, FAC was a facilitator in getting some common sense infused into the decision-making on the Medicaid bills. And also the stimulus money, FAC was also involved in that. And during those times FAC asked the counties, its members, to participate in a financial way to support that effort. The same request is being made now. We believe that once this consortium is up and running, that FAC's requirements both financially and also for any other needs will diminish and eventually will respond to the consortium in a supporting role. As part of the financial support for the consortium, I want to go over just a few things about where we are right now and what it means and what it doesn't mean. We are proposing a transition budget for FAC to transition into the consortium. That transition budget is not a bill for developing the interlocal agreement that hopefully your County Attorney has been involved and we've mitigated all the concerns and questions prior to you having it for consideration. The transition budget is also not a fee for joining the consortium. And it is also most importantly not the Gulf consortium budget. It's simply a bridge to get from where we were and where we are to where we want to go. Here's what the budget really is, the transition budget now: There have been some out-of-pocket expenditures for FAC, and it's to continue this lobbying effort. I know John Wayne talked about the U.S. Treasury and how important they're going to be. We've had an initial conference call with them and they are on an extremely tight deadline also. In order to meet that 180 days, they have to publish their rules in the Federal Register in the middle of November. They have to coordinate with their fellow federal agencies by the middle of Page 115 September 25-26, 2012 October. So that means our consortium, our Florida counties has between now and October, the middle of October sometime, to get items in the proposed rules on how the consortium is going to operate. We believe that the consortium will be subject to Chapter 119, all consortium meetings will be public, they will be open to the sunshine, they will be noticed appropriately, but they also are going to have to follow federal rules when it comes to things like procurement, when it comes to things like involving other stakeholder groups, when it comes to things like procurement policies. All of these things the Treasury has to develop, and we believe that Florida, because of its unique situation, needs to form this consortium and speak with one voice to the federal government so they don't hear all this noise going on and that we can potentially influence the rules, the policies and the procedures to most benefit Florida. We're going to continue that lobbying effort between now and whenever the consortium is formed, and we're going to provide that continuity just like we have today, just like we've done in other counties, the continuity for our members to make sure that all of their questions are answered and do anything else we need to do to make this consortium successful. It's a very modest proposed transition budget. And most importantly about that transition budget is any money that is not used by FAC once the consortium is up and running will be withdrawn from FAC and given over to the consortium. The funding formula or the allocation for the funding used the same structure as what is in the RESTORE Act. Seventy-five percent of the money going to the local pot of money is going to the eight counties, the eight disproportionally affected counties; that's Escambia up through Wakulla. Twenty-five percent of the money is going from Page 116 September 25-26, 2012 Jefferson down to Monroe. So we believed it was only fair that the counties that received the most money from the RESTORE Act would bear the most burden for funding this transition budget. It will be up to the consortium to determine how their budget is formed. I would imagine that this would be the same methodology. But in the case of Collier County, your bill or your allocation right now for the transition budget is $1,120. That's projected to get us through the end of this calendar year, through the end of December. So the next steps that we're asking counties such as Collier to consider is to review the interlocal agreement that was drafted with the help of your County Attorney and the other county attorneys, bring it before a commission meeting, pass a resolution authorizing your county to enter into that agreement, designate one commission member and one delegate -- or one alternative to represent this county at a consortium meeting, and participate in the funding of the transition budget and move forward. So that's kind of a real quick overview of what the consortium is going to do, what we expect to happen and kind of the time frame. John Wayne and I are both available if there are any questions, Mr. Chairman. CHAIRMAN COYLE: Thank you. Commissioner Henning? COMMISSIONER HENNING: The concern at the last meeting when this topic was brought up is about the governing document of the consortium members and the powers that it wield. And I really never seen anything -- something like this, a membership should -- there should be something in writing stating how fast they can do away with the consortium. There wasn't anything there. It almost appears, and I don't -- I'm not saying this is the way it was set up -- it was setting up a long-term bureaucracy. And what it should say is, you know, have -- either having an ending date for the Page 117 September 25-26, 2012 consortium or goals and objectives. Okay? That's all I have. MR. DARLING: May I respond, Mr. Chairman? CHAIRMAN COYLE: Sure, go ahead. MR. DARLING: Commissioner, the reason there is no end date is because the federal trust fund is in perpetuity until the funds are exhausted. So without any kind of definitive end date for the funds that will flow from B.P. -- and again, we don't know yet when they'll start or when they'll end. They are still litigating the Exxon Valdez spill that happened over 20 years ago. Funds are still being paid out. So to address your concern about no end date, I believe that's the rationale for that. As far as setting up a bureaucracy, I don't have anything to do with the consortium yet. I've been asked to potentially consider being involved with the consortium. But if it were my recommendation, I would say that the consortium would not hire a bunch of employees, it would not bring on overhead that will have a lasting effect. My recommendation would be if you need legal support, you buy it and let it go. You don't need attorneys on staff, you don't need web developers on staff. You don't need exactly what I think you're talking about, which is a bureaucracy. Lean and mean would be my recommendation to allow the consortium to funnel the majority of the money to the counties and to the plans and to the projects for which I believe it was intended. COMMISSIONER HENNING: Well, shouldn't the governing document state the objectives, goals and objectives like you're stating, lean and mean, only hire, you know, legal staff or any other staff as needed? Shouldn't that say something like that? MR. DARLING: Yes, sir. And I believe it will. This is almost -- this is almost like the chicken and the egg. You can't have those kind of discussions in a public forum as a consortium until you have a consortium. The idea of the interlocal agreement was to provide the Page 118 September 25-26, 2012 basic framework to join together, and I believe that at the initial meetings those very exact things that you're asking about will be discussed. COMMISSIONER HENNING: No, there's a document that kind of lays out their -- it's our governing document. It was on our last agenda. And Jack Wert is not here. COMMISSIONER HILLER: I have it here. COMMISSIONER HENNING: You have it here? COMMISSIONER HILLER: Yeah. COMMISSIONER HENNING: Okay, I'll defer to Commissioner Hiller. CHAIRMAN COYLE: Commissioner Hiller, go ahead. COMMISSIONER HILLER: Yeah, I do have the document. And the document provides exactly for what Commissioner Henning says it provides for, and very much the opposite of what you're proposing as what ought to be the structure. It talks, under powers and duties under Article 4 to obviously maintain offices and so forth -- where is it -- to select and engage a manager who will administer the consortium, manage staff of the consortium authorized by the Board, perform all administrative duties as directed by the Board, to employ or hire attorneys or firms of attorneys as appropriate, to provide legal advice for the consortium, to employ or hire engineers, consultants or other specialized professionals. I mean, it just goes on and on and on. And I don't want to read everything that's in here. To hire and engage staff, attorneys, professionals, to advocate, et cetera, et cetera. To hire and engage staff attorneys, to advocate again on another issue. This builds a tremendous bureaucracy. This -- and I'm going to introduce it in the record again so that anyone who's listening to today's discussion can see it as a part of the minutes. The interlocal agreement supports a bureaucracy. Page 119 September 25-26, 2012 Now, one of my concerns -- and that is just to help you with your point, Commissioner Henning. One of the things that concerned me what I read Commissioner Fiala's notes -- and thank you very much for pulling them together; they were very well detailed -- is what appears on Page 2. And what it says is as follows: Legally nothing stops the state from forming their own consortium and taking over. And then Alex, whoever Alex is, says legislature can form own group, no guarantee they won't interfere. Question was asked, how do the public or outsiders get involved, and that would be up to the consortium. So I see two issues here. One is that it seems to me that taking all these steps when the state can step in and either create its own consortium or take this consortium over leaves me concerned as to what we are agreeing to by participating in this interlocal agreement and what that might mean down the road vis-a-vis any state action. And secondly, what about the public? You know, I understand that we're representatives, but I think that there should be some seat at the table for, you know, a representative of the public as well. Two important points that I think need to be addressed out of her notes. The last point I want to make is what you raised about the budget. I think before we can approve anything, the prudent thing for us to do as a Board is to review the numbers. And we just don't have the numbers. We don't have any financial information. We have no financial information about the consortium structure and we have no financial information about this settlement and how this decision has been made that certain counties are going to get 75 percent and 15 counties are only going to get 25 percent. I mean, there might be, you know, disagreements and debates about those allocations. Maybe by signing this interlocal agreement we as Collier County are giving up a share of this pot that we might otherwise be legally entitled to. And I Page 120 September 25-26, 2012 wouldn't want to see the businesses and citizens of Collier County who have been adversely affected by this oil spill hurt because we've entered into some kind of agreement. So those are the three points that I would like to make and I would appreciate your input. MR. DARLING: Mr. Chair? If I could, Commissioner, I've pulled up on the slide -- or on the screen, since I'm kind of a visually oriented person. I want to make sure we're talking all about the same pot of money. COMMISSIONER HILLER: Right. And this was explained to us at the last meeting. Staff gave us the same presentation with the same diagram. So I think we understand what pot we're talking about. MR. DARLING: But just to be clear, the pot all the way on the left, the consortium does not control that. COMMISSIONER HILLER: Right, we understand that. MR. DARLING: The fines and the penalties -- COMMISSIONER HILLER: Sure. MR. DARLING: -- will determine how much Collier gets in that pot of money. The pot of money we're talking about is the one in the middle, the 30 percent, which the State of Florida gets to -- also allocated. There's a set amount of money that will be determined by the formula. And then how that money is spent within the consortium or within the State of Florida is what we are asking the consortium to consider. So the consortium has no say over the money that comes to Collier County that will be adjudicated by this Board. Nothing, zero, nada. What we do believe is that to position Collier County and the rest of the counties, that will be a plan developed for the economic and environmental restoration for the entire Gulf Coast. And as far as public input, it's required in the RESTORE Act that Page 121 September 25-26, 2012 there be public meetings, that there be public input, that stakeholders will get a say in what the consortium will propose to the federal council for that economic and environmental restoration. COMMISSIONER HILLER: But can we go back to that 75/25 percent split vis-a-vis the counties within Florida -- MR. DARLING: Yes, ma'am. COMMISSIONER HILLER: -- as it relates to this pot? Again, you know, somehow someone has made the determination that, you know, certain counties are going to get a larger percentage of that pot. And we being a part of the larger group is going to only get a sliver of the minority pot. So how did that -- how was that determination made? MR. SMITH: Well, the only 75/25 that is in play right now applies to the 35 percent pot, which is distributed to the counties. There are other folks who are discussing whether or not a state law, which is Senate Bill 2156, which anticipated some dollars coming to the state be split on a 75/25 split. What you have in front of you is a document that is silent. We predetermined or discussed with other folks to say that should not be in this document. What we have suggested to the counties is you create the consortium, everybody come to the table and we'll have to have that discussion whether or not it will be based on percentages or programs or projects or priorities. But for purposes of establishing the consortium we believed and our recommendation to the counties is that we would be silent on any further allocations other than what's already in the federal RESTORE Act. Does that answer your question, Commissioner? COMMISSIONER HILLER: Then I must have misunderstood what you said earlier. Because what I understood you said earlier is that you reviewed the 75/25 allocation and that per your review you Page 122 September 25-26, 2012 thought it was reasonable, and that the counties that were allocated to, you know, the 75 percent pot -- MR. SMITH: On the transition budget? COMMISSIONER HILLER: Uh-huh. MR. SMITH: Okay. The rationale for that, Commissioner, was the -- COMMISSIONER HILLER: And I assume that that would be the basis of the future budget. I mean -- MR. SMITH: No, ma'am. I'm sorry if we inferred that. What I think we were trying to say in that situation is there's hard dollars that are coming to the counties that are basically guaranteed under a formula. They are based on a formula that recognizes eight counties as disproportionately impacted -- COMMISSIONER HILLER: That's the 35 percent. But I want to just stay focused on the -- MR. SMITH: Yeah, but that is where the transition budget kind of came from, that allocation, because those are hard dollars. The consortium dollars, there's been no discussion about how those should be distributed, again whether it's 75/25, whether you just put it all on the table for projects. Those decisions will not be made until a consortium comes together and we have meetings and we begin to discuss the -- COMMISSIONER HILLER: So can we go back to the question of the state? Because that's the one that really concerns me the most. I just don't understand how we can be jumping ahead of the state and assuming that the state isn't going to, you know, come up behind us and just really undo all of this. And so I'm concerned about the validity of these contracts. MR. SMITH: It's a fair question. We have -- there's a lot of history that goes into the RESTORE Act. And at different points in times the amount of partnership or engagement that we have had from Page 123 September 25-26, 2012 the state -- and understand that my simplistic view of why we stand where we are today is that there were eight counties in the Panhandle that pulled their hair out ever since April 20th, 2010. And it was because they had to go do things with the booming strategy and deal with B.P. on claims. Just over and over and over. And so that synergy and that chemistry of that eight led to a joint effort to go to Washington with parishioners and presidents of Louisiana parishes and supervisors from Mississippi. And they all went to Washington to ask for this to pass. People at the state level and different -- I can't speak for what they were doing, but they weren't paying attention and they weren't part of the effort on a continuous consistent basis. And we did have at different times discussions about how we could have a different relationship or partnership. But at the end of the day our congressional delegation took a very strong position that they wanted it to be set up this way. Now, even though they passed it this way, we made a commitment to everyone who was involved that we would continue talking to the Governor's office and anyone else who wanted to be at the table. COMMISSIONER HILLER: And what has the Governor said about this? MR. SMITH: Well, he's still thinking about it. You may read a little bit of some of the things that are happening in Tallahassee, but he has a new chief of staff. He's going through reorgs. Adam's been trying to put the pieces together where he wants everybody to be. We met with Adam, the Chief of Staff, Adam Hollingsworth and Chris Finkbeiner I want to say three or four weeks ago. We put this out; we went back to just say hey, look, when you guys know what you want to do we want to get back together. We reached out to them before our meeting last week to kind of see where they were. They Page 124 September 25-26, 2012 said they still need some more time. So we believe that at some point in the future they're going to kind of know what role they want to play. We know that they've appointed someone to be the Governor's designee on the federal council. But right now they're not in a rush and they don't have the urgency. It would -- I don't tell the Governor what to do. You know, we certainly speak on behalf of counties and we've said that we think this is a really important thing and that we would like you to be there. But what we've also said is that we're not going to stop doing what we're doing, because we think that this effort is so important that is someone needs to continue keeping this ball moving. And then when they figure it out, we'll all come back together and we'll figure out if the Governor wants to have a seat or if he wants to appoint some folks. We'll continue to have those discussion. But in the meantime what our advice to counties and to the folks that are affected is don't wait to see because that answer may be John or Chris or counties. That's -- we've got some other priorities. So then all this time is gone and no one's willing to kind of set it up. So that's what we've suggested. That's a very long answer, but -- COMMISSIONER HILLER: It is. MR. DARLING: -- it's the most truthful answer. COMMISSIONER HILLER: And I appreciate it, John Wayne. I thank you so much. You know, maybe it would make most since, since you've just recently been in touch with the Governor's office and it's -- you know, a lot of time really has not elapsed in sort of government standard terms. MR. DARLING: Yes, true. COMMISSIONER HILLER: What's the expression, going as fast as a turtle with broken legs? So maybe it would be more prudent to wait and give you the opportunity to talk to the Governor and bring back something that, Page 125 September 25-26, 2012 you know, we know is not going to get overturned or that is going to be subject to some sort of unpleasant challenge. Because obviously your goal is the right one and that is for everyone to work together. And to the extent I'm sure you have close connections with the Governor's office, being that you've been an active lobbyist, I would hope that you could maybe make that connection and let us know. Because I think entering into any agreement which is subject to being, you know, challenged makes no sense. I would hate to be on the other end of a challenge. That would be my suggestion. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Okay, what is it you want from us today? MR. SMITH: Well, what we're recommending to counties is that as soon as they can, because I think we're going to try to meet October the 22nd as a date that we've been throwing around, we'd like to see counties adopt the interlocal agreement which I think lets you come play in the consortium, select your leadership team. We've suggested each county pick a commissioner. We've always encouraged pick someone elected, have an alternate for someone if that person can't be there. And then I guess to look at the transition budget to see if you can participate there as well. COMMISSIONER COLETTA: So basically what we're talking about is bringing this back at a future date, have staff examine it to be able to bring it back, and I don't know if you need a motion to that effect or just a nod, but I'd like us to give consideration. Donna Fiala has shown an interest in this particular subject matter and if she could avail herself of the time to be able to go to it I think she would be the logical one to be able to follow through on this. We're not going to go anyplace with it unless we get involved. We can always make up a decision later that if it's going terribly wrong or we don't feel comfortable with it, just to drop to one side. Page 126 September 25-26, 2012 But I think that we ought to give direction to staff at this time. COMMISSIONER HILLER: Can I ask -- that's a good point. But what is the -- can I just ask Commissioner Coletta a question? He raised an excellent point and that is if you do enter this agreement, how can you drop out? COMMISSIONER COLETTA: You haven't got to the point of approving any agreement yet. MR. KLATZKOW: There's a drop-out provision. MR. SMITH: We made it very easy to get out. And Mr. Chairman, Commissioner Henning asked a very good question about the bureaucracy. And I don't like government documents, but I have to read a bunch. And I'm not an attorney, Commissioner, but my understanding of why you see all that language, certainly part of it is because an attorney wrote it. But in order for you to do anything, these are your empowering documents. So for you to have any action, I'm sure the attorney that sat down and wrote this probably had to think of everything that you possibly could have to ever vote on or do, and so what they do is they end up writing all of those things down. It doesn't mean that you will do them all. But in order for you to have that power, like incorporation papers for a city or a business entity, someone has to write all that stuff down. I know it looks probably maybe worse on paper than it will actually be. But that's my non-legal explanation as to why they have to write all that verbiage down. But again, I only play a lawyer on TV when I watch. COMMISSIONER COLETTA: Okay, so you need an answer from us when? MR. SMITH: It's up to you. COMMISSIONER COLETTA: You said October. MR. SMITH: We've set some self-made deadlines, Commissioner, because we want to keep the ball moving. Every Page 127 September 25-26, 2012 county's got to evaluate this issue on their own -- COMMISSIONER COLETTA: Okay, what I'm going to suggest is that the Commissioners give their nods to the County Manager to direct staff to go over this and bring it back for the second meeting in October with some suggested action items. COMMISSIONER FIALA: You need it by -- the meeting is going to held October 22nd, right? MR. SMITH: We are shooting for that, yes, Commissioner. COMMISSIONER FIALA: Will that give us time to get somebody appointed and be a part of that? I don't know when our second meeting is. MR. OCHS: It's the 23rd. COMMISSIONER COLETTA: That doesn't work. I'll make a -- how about we just go ahead and just start the process going? We always have the option to drop out. And recognize that Donna Fiala's service in this is absolutely crucial and have her go to the meeting on the 22nd. COMMISSIONER FIALA: I'd like to do that. And they also made it very clear at the last meeting that it's very easy to drop out. All you have to do is drop them a note and you're out. So it isn't like it's a binding thing. COMMISSIONER COLETTA: Do we have agreement from three commissioners? COMMISSIONER HENNING: No, if I could help you. CHAIRMAN COYLE: We're going to go to Commissioner Henning and then we're not going to have any more discussion, okay? We're going to make a decision. Go ahead. COMMISSIONER HENNING: Yeah, it's a direction. And the direction needs to be in the form of a motion and it needs to be directed to the County Attorney, because he's going to draw up an Page 128 September 25-26, 2012 interlocal agreement. Okay? That's where the direction should be. So I'm going to make a motion to direct the County Attorney to draw up an interlocal agreement with the consortium, okay? Personally I would like to see in that interlocal agreement to encourage the consortium to adopt rules to make it more lean and mean, as it was discussed here. And furthermore, in that executive summary we need to have a representation -- it's being suggested to have two -- representation a member and an alternate; is that correct? You don't want two, you just want a member and an alternate if that member cannot make it. MR. SMITH: That's correct. MR. KLATZKOW: John, is there any issue if I bring this to the Board October 23rd? MR. SMITH: No, sir. What I would suggest, though, because we want to keep everybody in the loop, is still informally send someone to that meeting. Because we want -- we think we need -- every county needs to get there in their own comfortable way. That time period may be different for everyone. If we need to come back, if we need to make some modifications, we will, but we need every county to be comfortable. But that's not going to make or break the deal, you know, if you're not there. It only takes two to actually have a consortium, so we're going to keep gradually moving the ball. But we would love to have Collier County get with us when that time is right, and we'll continue to work and to answer every question that any of the Commissioners may have. COMMISSIONER HENNING: Let me just say that we have meetings before this meeting. I think we have two. At least one, we have a meeting -- MR. OCHS: October 9th is your next. COMMISSIONER HENNING: Yeah. So, however, if I may say, the more members that we have in this, the less chance of the Page 129 September 25-26, 2012 state taking it over. And if they're going to do that, they're probably going to do it before we get any money anyways. Monies coming from the fed -- CHAIRMAN COYLE: No, they'll do it afterwards and take the money. COMMISSIONER HENNING: Monies coming from the federal government doesn't happen any time soon. And then they change their mind. CHAIRMAN COYLE: Okay, I've heard a motion to direct the County Attorney to draft a joint participation agreement. But I haven't heard a motion -- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay, so seconded by Commissioner Fiala. So we'll vote on this separately one for developing an agreement. And the second motion will be to appoint individuals, a primary and an alternate, to attend the meeting. So all in favor of the first motion to direct the County Attorney to work with the group to develop an interlocal agreement, all in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, the motion passes 4-1 with Commissioner Hiller dissenting. COMMISSIONER COLETTA: Okay, then I'd like to make a motion that we recognize Commissioner Fiala as the primary delegate to this consortium and that Commissioner Henning be the alternate. CHAIRMAN COYLE: Okay, motion to appoint Commissioner Page 130 September 25-26, 2012 Fiala as the primary representative with Commissioner Henning as the alternate. Is there a second? I'll second it. COMMISSIONER HILLER: Commissioner Henning has -- CHAIRMAN COYLE: Commissioner Henning, go ahead. COMMISSIONER HENNING: I think you have a primary, could be a county commissioner, but also could be a staff member. I think it would be appropriate to have a staff member as a primary or an alternate. CHAIRMAN COYLE: Yeah, I think there's a benefit if you could suggest someone on the staff who would be particularly qualified to participate. COMMISSIONER HENNING: Can we bring this as the next meeting? Get the County Manager a time to think about it? CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: That's my suggestion. CHAIRMAN COYLE: We have a motion to nominate Commissioner Fiala and Commissioner Henning. If you wish not to be considered as the alternate, we can modify that motion to include only the appointment of the primary. COMMISSIONER COLETTA: I can cover that very well, sir. The primary person would be Commissioner Fiala and the secondary person would be a staff person as selected by the County Manager. CHAIRMAN COYLE: And recommended to the Board of County Commissioners for edification. Okay, is there a second to that motion? COMMISSIONER FIALA: You already seconded. CHAIRMAN COYLE: I didn't second the modified motion, but I will if you want me to. All right, the motion is seconded by me. All in favor of the motion, please signify by saying aye. Page 131 September 25-26, 2012 COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: The motion passes 3-2 with Commissioners Hiller and Henning dissenting. COMMISSIONER HILLER: And if I may, I would really appreciate, John Wayne, if you could let us know when you speak to the Governor and bring back to us, you know, what the state's position is. And, you know, I will modify my vote, depending on what that dialogue is, accordingly. Thank you. MR. SMITH: Absolutely, Commissioner. CHAIRMAN COYLE: Thank you very much to both of you for being here. Hopefully this thing will work out okay. MR. SMITH: It will, it will. Optimistic. Optimist. CHAIRMAN COYLE: Thank you very much. Okay, County Manager, where are we going to go from here? Item #10B RECONSIDERATION OF CP-2008-5, PETITION REQUESTING AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP, TO MAKE REVISIONS TO THE ENTIRE MASTER PLAN TO INCLUDE: INCREASES TO COMMERCIAL ACREAGE, INDUSTRIAL ACREAGE, AND ALLOWABLE RESIDENTIAL DENSITY; ELIMINATION OF SOME EXISTING DESIGNATIONS; CREATION OF A NEW DESIGNATION FOR THE IMMOKALEE REGIONAL AIRPORT SITE; AND, RE- Page 132 September 25-26, 2012 DESIGNATION OF APPROXIMATELY 103 ACRES TO IMMOKALEE URBAN AREA FROM AGRICULTURAL/RURAL WITHIN THE RURAL LANDS STEWARDSHIP AREA AS IDENTIFIED ON THE COUNTYWIDE FUTURE LAND USE MAP. ADDITIONALLY, THE PETITION REQUESTS AN AMENDMENT TO POLICY 6.2.5 OF THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO TREAT THAT PORTION OF THE LAKE TRAFFORD CAMP KEAIS STRAND SYSTEM WHICH IS WITHIN THE IMMOKALEE URBAN AREA AS NEUTRAL LANDS FOR VEGETATION RETENTION, AND TO THE FUTURE LAND USE MAP AND MAP SERIES OF THE FUTURE LAND USE ELEMENT TO SHOW THE RE- DESIGNATION OF THE 103 ACRES TO THE IMMOKALEE URBAN AREA. (THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 11, 2012 BCC MEETING AND APPEARS ON THIS AGENDA AS ITEM#9A) - MOTION TO RECONSIDER — FAILED MR. OCHS: Commissioners, I believe we should go to Item 9.B on your -- excuse me, 10.B on your agenda. It's a request for reconsideration by Commissioner Henning of Item 9.A from the September 11th, 2012 BCC meeting titled recommendation of reconsideration of the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map. COMMISSIONER HENNING: Motion to approve. CHAIRMAN COYLE: No discussion? COMMISSIONER HENNING: Well, I think you need to explain the rules -- CHAIRMAN COYLE: That's right. COMMISSIONER HENNING: -- Jeff. I'm sorry. CHAIRMAN COYLE: That's exactly right. MR. KLATZKOW: You don't need a discussion for this, no. Page 133 September 25-26, 2012 COMMISSIONER HENNING: What does the rules say? There'll be no discussion, is that what it says? MR. KLATZKOW: We typically have very little discussion on this, yes, sir. CHAIRMAN COYLE: All the rules say is it must be a majority vote, right? Okay, we have a motion by Commissioner Henning for reconsideration of Item 9.A from the September 21th, 2012 BCC agenda. Is there a second? COMMISSIONER HILLER: I'll second it. CHAIRMAN COYLE: Seconded by Commissioner Hiller. All in favor, please signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. I believe it failed -- THE COURT REPORTER: Excuse me, Commissioner Fiala, I didn't hear your vote. CHAIRMAN COYLE: She voted to oppose the motion. So Commissioner Fiala, Commissioner Coyle and Commissioner Coletta voted to oppose the motion for reconsideration and consequently it fails. What's the next item? MR. OCHS: Well, then you move into your advertised public hearings. COMMISSIONER HILLER: Hang on a second. Can I just go back to that last item? While we've taken a vote, I just want to clarify something. Commissioner Henning, I just want to understand, if you're Page 134 September 25-26, 2012 asking for a reconsideration, were you asking for the whole Board to reconsider the votes that they cast on the question of continuance? Was there something you wanted to discuss? And the reason I'm asking is, and it's really a procedural question, and I'm going to turn to Mr. Klatzkow. I mean, if your goal was to change your vote from a yes vote to a no vote and not have this brought forward, not have this continued, you don't need a motion for reconsideration to do that. I mean, Commissioner Henning, if he wanted to change his vote from how he voted on this question of the continuance to this date can just say he changes his vote from a yes to a no. I mean, it doesn't involve the rest of the Board. Is that what you wanted to do? Because I think -- I don't know if you've been procedurally correctly informed. And to give you an example, that happened to me. There was a particular issue that I brought back for reconsideration, the Board would not entertain a reconsideration. My goal was to change my vote. In fact, it was Commissioner Coyle who said oh, well, Commissioner Hiller, I mean, if you just want to change your vote, you can just change your vote and vote no. CHAIRMAN COYLE: I must have been wrong. COMMISSIONER HILLER: No, I'm convinced you were right, because I changed my vote. Don't tell me he was wrong. MR. KLATZKOW: I think Commissioner Henning's approach here was appropriate. It was a very narrow request by Commissioner Henning and the motion fails 2-3. COMMISSIONER HILLER: Yeah, but he still can change his vote if he wants to, correct? MR. KLATZKOW: Going back two weeks? COMMISSIONER HILLER: Yes. CHAIRMAN COYLE: No. Page 135 September 25-26, 2012 COMMISSIONER HILLER: Yes. Is there a time limit on an issue on a -- MR. KLATZKOW: No, ma'am, we're done with this issue now, I think. COMMISSIONER HILLER: No, I -- is there a law that puts a time limit on your ability to change your vote? MR. KLATZKOW: Ma'am, we take the vote and that's the end of it. If during the discussion -- COMMISSIONER HILLER: You advised me I could change my vote. I'm on the record as changing my vote. MR. KLATZKOW: Okay. If it's not going to affect the outcome, ma'am, it doesn't matter. But two weeks later you can't come back and say you know what, that contract we awarded I don't want to award now and change your vote. It doesn't work that way. COMMISSIONER HILLER: Well, in this particular situation I don't believe that that would be the case. In fact, it was I believe on the Paradise contract where I was allowed to change my vote because this Board would not support a reconsideration. CHAIRMAN COYLE: And it didn't change the contract. MR. KLATZKOW: It didn't change the result, ma'am. CHAIRMAN COYLE: Okay, we're -- COMMISSIONER HILLER: But that's not the basis for allowing it. Either we're allowed to do it or we're not. And it's not that we can be allowed to change our vote if it doesn't change the outcome, or otherwise we can't. That procedurally doesn't make sense. MR. KLATZKOW: Ma'am, right after a vote if you want to say I want to change -- I think Commissioner Henning from a procedural standpoint was appropriate. It just fails 2-3. I mean, the last time Commissioner Coyle supported the continuance, this time he doesn't. It's -- COMMISSIONER HILLER: Well, again, I'm going to go back Page 136 September 25-26, 2012 and ask the question. Can he change his vote if he wants? And legally what basis do you have for denying him the right to change? MR. KLATZKOW: No, we're not going back two weeks and changing the vote, no, ma'am. CHAIRMAN COYLE: Okay, we're finished with that item. Where do we go now? Item #9A RECONSIDERATION OF CP-2008-5, PETITION REQUESTING AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN AND IMMOKALEE AREA MASTER PLAN FUTURE LAND USE MAP, TO MAKE REVISIONS TO THE ENTIRE MASTER PLAN TO INCLUDE: INCREASES TO COMMERCIAL ACREAGE, INDUSTRIAL ACREAGE, AND ALLOWABLE RESIDENTIAL DENSITY; ELIMINATION OF SOME EXISTING DESIGNATIONS; CREATION OF A NEW DESIGNATION FOR THE IMMOKALEE REGIONAL AIRPORT SITE; AND, RE- DESIGNATION OF APPROXIMATELY 103 ACRES TO IMMOKALEE URBAN AREA FROM AGRICULTURAL/RURAL WITHIN THE RURAL LANDS STEWARDSHIP AREA AS IDENTIFIED ON THE COUNTYWIDE FUTURE LAND USE MAP. ADDITIONALLY, THE PETITION REQUESTS AN AMENDMENT TO POLICY 6.2.5 OF THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO TREAT THAT PORTION OF THE LAKE TRAFFORD CAMP KEAIS STRAND SYSTEM WHICH IS WITHIN THE IMMOKALEE URBAN AREA AS NEUTRAL LANDS FOR VEGETATION RETENTION, AND TO THE FUTURE LAND USE MAP AND MAP SERIES OF THE FUTURE LAND USE ELEMENT TO SHOW THE RE- DESIGNATION OF THE 103 ACRES TO THE IMMOKALEE Page 137 September 25-26, 2012 URBAN AREA - MOTION TO REQUEST A 6 MONTH EXTENSION FROM DEO — APPROVED MR. OCHS: We to go Item 9.A. This item has been continued from the June 18th, 2012 BCC meeting, then again from the September 11th, 2012 BCC meeting. It's a recommendation of reconsideration of CP2008-5, petition requesting amendments to the Immokalee Area Master Plan and the Immokalee Area Master Plan Future Land Use Map. And Miss Penny Phillippi, your Immokalee CRA Director, will present. MS. PHILLIPPI: Thank you. Good afternoon, Commissioners. Penny Phillippi, Executive Directory of the Immokalee CRA, for the record. At our last meeting the instruction that I received from the Board of County Commissioners was to take back the eight recommendations that Commissioner Henning had brought forward at our last hearing and to get an opinion from each of those -- or get a vote from the advisory committee. Which we did. We went last Wednesday. I have -- I can go over those right now. We also have a video that was put together because, as you recall, at that same meeting Commissioner Coyle was concerned that there weren't a large number of people from Immokalee to represent their sentiment on this document. So we put together -- it's probably about a 14-minute video of people in Immokalee talking to the Board, if you want to look at that. COMMISSIONER HENNING: I thought the motion, and it was supported by the majority, is get the opinion. Not to politicize this, okay. It's get the input of the advisory board and bring those recommendations back. MS. PHILLIPPI: Correct. COMMISSIONER HENNING: So here it is, 2:30, we're dealing Page 138 September 25-26, 2012 with 1 :00 issues. We haven't even addressed the morning issues. I would like to stay to the topic of the motion and the second and supported by the majority to get the opinion of the CRA Advisory Board. CHAIRMAN COYLE: The objective is to rehear this issue and to entertain public comment. I see no justification for trying to keep people from being heard on this subject. Although I think it has been brought back for rehearing many too many times, I'm certainly not going to do anything that would keep people from being heard on this issue. So please continue, Penny. MS. PHILLIPPI: Okay, thank you. As you know, the first item that Commissioner Henning asked us to strike was the upside down L on the Future Land Use Map around the airport property that was to be a buffer between the airport, industrial and the low residential designation. It's marked industrial mixed use. So to that one the Advisory Committee agreed that that was something that they could agree to and voted to strike that from the Future Land Use Map. The second item was the rectangular area with red dashes to the east of the airport, the 103 acres that would be used for the extension of the airport. And the Advisory Committee moved not to remove that section from the Future Land Use Map. They felt like it was, well, needed for the future. The third piece was to remove the IMU designation depicted in gray and leave the area with its existing designation of commerce center industrial. That's this one here. And the Advisory Committee agreed that that could be left to commercial -- commerce center industrial. Excuse me. Then number four was to insert the language Mr. Davenport had submitted in reference to Policy 6.17 of the existing mobile homes Page 139 September 25-26, 2012 within the Immokalee urban area. And the Advisory Committee voted to go back to their original recommendation to the Board of County Commissioners, as shown in the executive summary to remove Policy 6.17 completely from the Immokalee Area Master Plan proposed. Number five was to put farmworker labor camps as an allowable use in the commercial district by adding existing Policy 1.52 to proposed Policy 6.14, and the Advisory Committee proposed to rewrite Policy 6.14 to incorporate 1.52 as follows: Collier County recognizes the need for farm labor to support the county's industrial industry, agricultural industry. Collier County will encourage the provision of housing for seasonal, temporary or migrant farmworkers, provided that such housing is consistent with transient housing, migrant labor camps and migrant labor housing provisions of Section 64.E-14 of the Florida Administrative Code and does not conflict with the existing zoning districts or the Immokalee Future Land Use Map. So they agreed to that one and blended them together. Number six was to -- actually a two part. The first part of that was to place a cap on nonresidential density intensity from 8.45 million square feet to 7 million square feet, which they agreed to by a unanimous vote. Then the second part of that was the density in CMU, which is commercial mixed use, to the same as current referencing Policy 6.1.10. And the Advisory Committee made a motion not to keep the density in the CMU the same as it is currently. Number seven was in reference to your hurricane policy for Highway 29 being a hurricane route. And some language was proposed as a new policy, and the Advisory Committee voted not to accept the newly proposed language. Number eight was to remove or modify Policy 4.2.2 and 4.2.3 in reference to long-range transportation improvements, and to -- in Page 140 September 25-26, 2012 reference to access from Immokalee Airport to the future State Road 29 bypass. The Advisory Committee proposed to strike completely Policy 4.2.3 and to rewrite Policy 4.2.2 as follows: Collier County will explore the possibility to accelerating implementation of the Collier County Metropolitan Planning Organization's long-range transportation plan, subject to available funding as a precursor to initiating new investment in the Immokalee area. In particular the county will support and encourage the first bullet, the Florida Department of Transportation and the widening of State Road 82 between I-75 and State Road 29. They added also the widening of State Road 29 to State Road 27 as a first step in improving transportation access to the Immokalee Regional Airport. Those last words were added. They struck bullet two and bullet three and moved on to keep the rest of that as the creation of new or expansion of existing transportation corridors that improve access to Immokalee, the City of Naples and coastal Collier County, and the creation of new collector roads including the Little League Road extension near Lake Trafford to handle increased future population growth and traffic in that area. So that was the total of the eight. And as you can see, I think that the Advisory Committee worked really hard. It took them all morning to try to come up with -- COMMISSIONER HENNING: Do you have copies of that so we -- MS. PHILLIPPI: Yes, sir. COMMISSIONER HENNING: -- could see that? MS. PHILLIPPI: Yes, we do. CHAIRMAN COYLE: And Penny, I've talked with the County Manager about this executive summary and it is completely confusing to me. And I'm afraid that you didn't make it any better. Particularly Page 141 September 25-26, 2012 with respect to item number four. I don't understand what you're saying. Look at the executive summary and tell me, did the committee agree with that or did they reject that change? MS. PHILLIPPI: They rejected it completely, the whole Policy 6.17. They had -- initially, as you know, these are all addendums to the initial executive summary. But since April of last year the committee has recommended removing Policy 6.17 from the proposed master plan because the current master plan has no reference to existing mobile home parks. CHAIRMAN COYLE: So I want to emphasize something here. This executive summary says the recommended changes -- they say that the Immokalee Community Redevelopment Agency met on Wednesday, September the 19th, 2012 and discussed the changes to the IAMP that were proposed during the September 1 lth, 2012 BCC meeting. The recommended changes are as follows: One, two, three, four, five, six, seven, eight. MR. OCHS: Commissioner -- MS. VALERA: Yes, Commissioner -- CHAIRMAN COYLE: You didn't say that the recommended changes by Commissioner Henning were these. MS. VALERA: That is correct. CHAIRMAN COYLE: There's a very -- if you don't read it very closely you can jump to the conclusion that these are the recommended changes of the committee. MS. VALERA: And that was not the intent. Carolina Valera for the record, Principal Planner, Comprehensive Planning. And I did write that executive summary. And you are correct, the intent was to highlight the changes as proposed by Commissioner Henning in the last meeting. Period. Not the discussions that were -- Page 142 September 25-26, 2012 and the results of the discussions of those changes by the Immokalee Area CRA. CHAIRMAN COYLE: Okay. All right, so what the committee did was to reject Mr. Davenport's language? MS. PHILLIPPI: Yes, sir. They went back to their original recommendation, which was to strike Policy 6.17 to remove any reference to mobile home -- existing mobile home parks from the proposed master plan, which was the recommendation from last April. And it's in the original executive summary. CHAIRMAN COYLE: All right. I just wanted to get clear about that. Thank you very much. Commissioner Henning I think was first. COMMISSIONER HENNING: I wish we would have had this earlier, because I'm seeing more in here than what was said at the podium. MS. PHILLIPPI: Well, what you're actually seeing in there is the action where the person who made the motion and -- COMMISSIONER HENNING: Well, there's one of them here that I looked at that I need to get back to. There's two motions on the same item. MS. PHILLIPPI: Yes, sir. Item six. COMMISSIONER HENNING: Okay, so let's get back to number five. CHAIRMAN COYLE: This is not right. COMMISSIONER HENNING: Because that was really confusing to me what you -- you made a motion that -- okay, what happened on the Policy 1.5.2? Was that inserted as (sic) our last meeting? MS. PHILLIPPI: We asked -- what your request was, to add 1.5.2 from the existing master plan to the 6.14 of the proposed master plan. And as the Advisory Committee reviewed it, they realized that Page 143 September 25-26, 2012 Section 10.D-25 of the Florida Administrative Code is now defunct. So I believe that the Advisory Committee decided that the -- the primary language there was transient housing and migrant labor camps. So those two types of housing were added so it would say transient housing, migrant labor camps and migrant labor housing. Because each one has a separate legal definition and they thought that that would meet what you were trying to accomplish by blending the two together. COMMISSIONER HENNING: What does it mean -- well, Policy 1.5.2, that's an entitlement of land use. Okay? Because it says that land use may also be developed in the designated commercial land use on the Future Land Use Map. And the language being proposed is the Florida Administrative Code -- I'm sorry, that's a slash. But anyways, and it does not conflict with existing zoning districts or in the Immokalee Area Future Land Use Map. So where is it allowed and where is it not allowed? MS. PHILLIPPI: Yeah, go ahead. MR. VANASSE: For the record, Patrick Vanasse, Planner with RWA. As discussed at the last hearing, we acknowledge that the state regulations do provide for the ability to provide this kind of housing within the commercial districts. I think the point that was made was to write that explicitly within the Policy 6.1 .4 just to make it abundantly clear that it was allowed. Our understanding is that it is. But the request was to make it explicit. The Advisory Board decided to provide alternate language. COMMISSIONER HENNING: And what does that alternate language mean? MR. VANASSE: My understanding is that they wanted to identify the type of housing. And the policy as it is stated is that Collier County will encourage such housing. Page 144 September 25-26, 2012 COMMISSIONER HENNING: Okay, let me read it to you. Let me understand what they're trying to insert. And actually, this is Policy 6.1.4. All right? Collier County recognizes the need for farmworker housing to support agricultural industry. Collier County is encouraged for the provision of housing through seasonal temporary and migrant workers, provided such housing is consistent with the migrant labor housing provisions -- that's the standards, it's not zoning -- of Section 64.E-14, Florida Administration Code, and does not conflict with the existing zoning districts or the Immokalee Area Future Map. So it doesn't -- it's really not saying any land use designation that it can go into, does it? MR. VANASSE: I agree, it doesn't. COMMISSIONER HENNING: Okay. MR. VANASSE: And I can't speak to the intent of whoever made the motion, but I agree with you, it doesn't say clearly what zoning districts. COMMISSIONER HENNING: Okay, now my -- you recognize that's a property right, that Policy 1.5.2? MR. YOVANOVICH: We understand the intent in making it clear. But as mentioned previously two weeks ago, we believe that the Florida Administrative Code section that is quoted there does protect those rights. COMMISSIONER HENNING: It protects the rights for the use, but it doesn't delegate -- or doesn't take away the delegation for the location. The administration code doesn't. However, that language says provided within the Future Land Use Map, the Immokalee Future Land Use Map. And it doesn't say where it's providing. So I'm going to move on to six. So I understand it. Mr. Cruz made a motion to place a cap on nonresidential density. Okay, wait a minute, number six deals with Page 145 September 25-26, 2012 the placing a cap on nonresidential density to 7 million; is that correct? And there's two motions on that? MS. PHILLIPPI: The first motion was 7 million would replace the 8.5 million square feet that's currently listed in Policy 6.17 or proposed. COMMISSIONER HENNING: Okay. And the second motion is made to keep the density in the CMU the same as it is currently. MS. PHILLIPPI: Uh-huh. COMMISSIONER HENNING: So that's actually dealing with two issues that was brought up in the motion on the Board of Commissioners at the last meeting; is that correct? There was a concern of capping the density. I don't recall what the motion was. Don't have the minutes yet. And keeping the density in the CMU what it is presently. MS. PHILLIPPI: Correct. COMMISSIONER HENNING: Okay. Got that part. Okay, and then we're talking there will be no change to SR 951, Immokalee urban -- MS. PHILLIPPI: I believe that their discussion revolved around the fact that the state controls hurricane evacuation routes. It would not permit something of an increased density to stand in their way. So anyway, that's why they didn't accept that language. They were -- they felt like the state monitored that and controlled that. COMMISSIONER HENNING: Okay. The MPO is, my understanding, a separate entity than Collier County. It's a Collier County MPO but it's made up of different representation other than the Planning Commission. So I guess we need a determination. Can we the county tell the MPO what to do? MS. PHILLIPPI: I think it was not so much as telling them what to do as to encourage them or advocate for or suggest. Explore the possibility of accelerating implementation of feeder roads into Page 146 September 25-26, 2012 Immokalee I think rather than -- at least that's the way we understood it. COMMISSIONER HENNING: Is there any staff member can address my question? Mr. -- I was going to say Feder. She said feeder. MR. CASALANGUIDA: For the record, Mr. Casalanguida. Commissioner, you're correct, you can only recommend to the MPO, you can't direct them to do anything. COMMISSIONER HENNING: The Board of Commissioners. MR. CASALANGUIDA: That's right, sir. COMMISSIONER HENNING: Okay. I mean, I don't want to take up this whole discussion here. I'll go over these recommendations. COMMISSIONER COLETTA: Let's go to Commissioner Fiala. COMMISSIONER FIALA: Yes. Penny, I just wanted to know if all of these changes will help the community, albeit in a diminished capacity, or have they taken all of the life out of the Immokalee Area Master Plan? MS. PHILLIPPI: Actually, I think that the -- as I said, the Advisory Committee worked all morning and pored over these one by one. And I believe that they were really careful not to agree to anything that they thought would diminish it. So the things that they agreed to were things that they felt like they could move forward and, you know, compromise on some of those things and still be able to accomplish what they were hoping to accomplish. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Okay, Commissioner Coletta, go ahead. COMMISSIONER COLETTA: Yeah, for a little bit of clarity too, just for the record for full disclosure, I was at that advisory meeting. My participation consisted of a couple times I was asked some different questions and my statement was very simple. Whatever Page 147 September 25-26, 2012 you decide I'll support. Once again, I really believe this is the plan of the people of Immokalee. I commend you for all the hard work you put into it and how you have reached out to try to meet the needs of everyone. And I think this is further proof of it. I hope today that we can get to the point that we can finally get this underway. CHAIRMAN COYLE: Okay, we have how many public speakers, Ian? MS. PHILLIPPI: Shall I show the video first, Mr. Chairman? COMMISSIONER COLETTA: Please. CHAIRMAN COYLE: We're going to do that as part of the public speakers. MR. MITCHELL: Sir, we have six public speakers. CHAIRMAN COYLE: Why don't you go ahead and start the video as part of the public input. Penny? MR. OCHS: Penny, go ahead, please. MS. PHILLIPPI: Yes, sir. CHAIRMAN COYLE: Put it on fast forward. (The video tape was played.) CHAIRMAN COYLE: Okay, call the next speaker. MR. MITCHELL: The first speaker is Pam Brown. The before first speaker is Pam Brown. CHAIRMAN COYLE: She's not here. MR. MITCHELL: The second speaker is Max Griffin. CHAIRMAN COYLE: Oh, there she comes. MS. BROWN: Good afternoon, Commissioners. For the record, Pam Brown, life-long resident of Immokalee and a pioneer family, who's family has been local farmers and business owners. I wasn't going to go speak about the amendment today, but the more data I read and the more I know that the master plan amendment was not written for the economic development of Immokalee but for Page 148 September 25-26, 2012 the land that surrounds us. We have a community redevelopment agency, not an economic development agency. Excuse me, I'm just a little upset about the tape that just was shown. Immokalee's being forced to redevelop to be esthetically pleasing to the occasional tourist who will pass through. It will be true if only the Seminole Casino remains and Lake Trafford is promoted as a tourist destination, a la, a downtown walking community. To whoms (sic) expense are lost? The property owners of the downtown area. Why the fuss over the bypass verbiage in the amendment when there has already been a decision and plan developed by the county? Yesterday the Collier County Metro Planning Organization met to discuss prioritization of roads project space on a draft proposal detailing the 2035 long-range transportation plan for Collier County. There are 77 transportation projects listed. Not one of the projects provides capacity improvements or brings a four-lane road into Immokalee. In the plan there are 13 projects. Twelve of these listed projects advocate arterial roads around Immokalee, not into or for Immokalee. At this time there's only funding stated for Project 25 which is Camp Keais to Eustis, and Project 39, Ave Maria entrance to Camp Keais Road. Where will be the funds come from? The amendment does not state how the county will help with the infrastructure of Immokalee. Again, where will the funding come from? What I discovered is that the Board of Collier County Commissioners, acting as a Collier County/Immokalee redevelopment agency, desires to keep the Immokalee urban area from growing economically and putting boundaries around the working community of Immokalee, which will stifle the growth. Immokalee is being used as a vehicle for others. The amendment Page 149 September 25-26, 2012 is allowing for the Collier County Airport and the large landowners around Immokalee to develop and have good roads come into their communities. The amendment will enable them to develop their land using the Immokalee status as a rural area of strategic economic concern to acquire state and federal funding to develop their properties. It appears that the Commission is only seeking reinforcement of a plan that has already been approved by themselves. Is the Immokalee Master Plan Amendment the way that the county eliminates blighted areas? Develop a master plan for the community, put the Board in control of the CRA, the county staff tells the CRA Advisory Board what to amend in the plan by striking through the entire plan and then writing it only for the County Commission to approve, who is a CRA? Land development codes are written, code enforcement steps in. And oh, by the way, at the cost of the business owners and taxpayers of Immokalee, tell me again, Commissioners, who's the amendment for, Immokalee? I think not. The video is orchestrated and should not be considered. This was presented with prejudice. You listen to people that had monitary compensation for their plan. Not many commercial property owners were interviewed in reference to cost involving the redevelopment of the area. Thank you. MR. MITCHELL: The next speaker is Max Griffin. MR. GRIFFIN: My name is Max Griffin. And I went to some of the meetings too. And nobody ever told me that we already have a master plan. I know submitted by omission, but we got a master plan, but they acted real emotional and said we need a plan, we need a plan. Well, we've got a plan. And they're saying this is going to help jobs. Well, nobody's telling me what jobs they're going to bring in. Nobody's talking about any industries, anything, other than we're going to change the -- we've Page 150 September 25-26, 2012 got the casino and we've got a little bit of tourism. But nobody else is proposing anything else. Nothing concrete. I know Fred Thomas, he got really emotional and excited and other people worked up, but nothing concrete. And this plan's going really to change Immokalee with the densities and everything, and I'm against it. Thank you. MR. MITCHELL: The next speaker will be William Dayo, and he'll be followed by David Esquila. MR. DAYO: Hello, my name's William Dayo. Thank you, Commissioner Coletta, for representing us so well over the years. And we really need this master plan to go through. We can amend it later as we need be, as circumstances come about. But, you know, some of the County Commissioners, past -- Mr. Henning, thank you for being a County Commissioner, but you're District 3. The Immokalee people voted on this and we need it passed. How would you like it if the rest of the commissioners put down everything you brought before them? COMMISSIONER HENNING: You want me to answer that question? Did the Immokalee people know that that plan took away property rights and gave it to other people? MR. DAYO: It's not taking away property rights. COMMISSIONER HENNING: Sure it is. Were you here the last meeting? We addressed that. MR. DAYO: Yes, I was here. MR. MITCHELL: The next speaker is David Esquivel and he'll be followed by Al Oakes. MR. ESQUIVEL: David Esquivel for the record. I'm against the master plan. There was one there already, so just stick to what was there. That's it. MR. MITCHELL: Thank you. COMMISSIONER HILLER: Can I ask a question? How come Page 151 September 25-26, 2012 you weren't on the video? MR. ESQUIVEL: Oh, I'm against the master plan. COMMISSIONER HILLER: Oh, I see. So they only videoed who was for it. MR. ESQUIVEL: Yes. And there were some other people that aren't against the master plan. COMMISSIONER HILLER: And you were not -- I understand. And you understand my point. MR. ESQUIVEL: Correct. Fred Coyle said for the community to come here. And I'm part of the community. I'm here. I made time to come here. Like you put on the bulletin, so I'm here. COMMISSIONER HILLER: Thank you. MR. MITCHELL: The next speaker is Al Oakes. MR. OAKES: Hello, my name is Al Oakes. And I'd just like to make the point that I own five different businesses in Collier County. I have 285 full-time employees between all the five businesses. I only say that to show that I have a little skin in the game. Also, I started my business out of the back of a pickup truck. I didn't get any federal money or anything to get started. I think -- really, I'm quite insulted by the video. I mean, obviously to think that the opposing side couldn't come up with a 14-minute video that showed, you know 100 people that opposed it. It's ridiculous. Those folks had just as much opportunity as anyone else to come up here and express their viewpoints today. I think that more than anything there's a lot of conservative minded people like myself that basically -- you know, Mr. Coletta strongly in favor of the master plan didn't get reelected, and I think that speaks volumes in the way that the people feel about this. And to me this plan is not really so much about helping Immokalee, which I'm all in favor of, but it's more in helping some of Page 152 September 25-26, 2012 the fat cats that own land in the surrounding areas. Of course we're -- I have business in Immokalee, I want to help Immokalee, and no one's against in that. To me it just seems like, you know, one of the things that's disheartening to me about the small government here is it seems like so much of a microcosm of what I see in the federal government. And to me this is just like crony capitalism in a smaller level. It's taking the money from us taxpayers and giving it to these folks that already have millions of dollars that own the surrounding property. And I just think that the voices have already been heard by the -- and it was proved in the election, so I'd like to leave on that note. MR. MITCHELL: Commissioner Coyle, there are four people have requested to speak, but they submitted their slips after the item had started. CHAIRMAN COYLE: Go ahead and call them. MR. MITCHELL: Okay. The next speaker will be Jeffrey Randall and he'll be followed by Michael Facundo. MR. RANDALL: Good afternoon, Commissioners. My name is Jeffrey Randall. I sit on the CRA board. I just want to say with regard to those folks that were expressing concern about them not being on the video, it's my opinion that the video merely expressed the opinion of the majority that voted in favor of the master plan. My next statement is directed to Commissioner Henning, and I wanted to say, Commissioner, in listening to your opening remarks, it was never our intent on the CRA to remove the language regarding the C-4 zoning district. We thought it was included in the language that we modified. Obviously if there is any issue with regard to that, on behalf of the CRA what I'm telling you is that if this is passed today the CRA has absolutely no objection to putting back in to your language the C-4 zoning district. Page 153 September 25-26, 2012 COMMISSIONER HENNING: Let me clarify what the language says. And I believe you're talking about farm labor housing? MR. RANDALL: Yes, sir. COMMISSIONER HENNING: Okay. It says that it's allowed in the commercial districts. And the development standards such as setbacks and so on and so forth will comply to the C-4 district. That's what it actually says. MR. RANDALL: We have no objection if that's included. COMMISSIONER HENNING: Well, just so we have a clear understanding. MR. RANDALL: Yes, it was our impression that the language that we adopted, we believed it did. Obviously there is some confusion, so we have no problem with putting it in the way you want it, if it's adopted. COMMISSIONER HENNING: That's not what's being reported, though. So I'm not sure what -- MR. RANDALL: What issue do you have if I'm saying that the CRA has indicated that it does not disagree with your language? COMMISSIONER HENNING: I understand what you're saying. MR. RANDALL: Okay, thank you. COMMISSIONER HENNING: Thank you. MR. MITCHELL: The next speaker after Michael will be Larry Wilcoxson. MR. FACUNDO: Michael Facundo for the record. I want to echo what Jeffrey Randall had said. If that's what it takes to pass it, that's fine. I mean, we'll do -- I chair the CRA here as well. This has been going on for a while. It's interesting to me, and I hate to say this, but I'm going to be very blunt. In reading in the paper of all the stuff that's going on among the leadership of Collier County is very disheartening to me. I think there is some personal agenda and Page 154 September 25-26, 2012 political issues are going amongst you. I think the issue is not this map, this future plan. I think the issue is much deeper than really what's being told. And it just disheartens me as a taxpayer, as a citizen that you read about this stuff. And it's like it's sickening, to be honest with you. Pulling that to the side now, I think that one of the things that you have to understand is that we went and this Board adopted -- had agreed to go ahead and put it on a ballot and to see what kind of sort of picture we were going to get from the citizens of Immokalee. And I read it was about 3,000 people that registered to vote; there was only 400 or 600 or something voted. You know, that's the privilege we have here in the United States is to be able to vote. You can't force someone to vote, but if those were the ones who came out to vote, then that should be it. I understand it's not binding. However -- and then it was brought back and then the Board said well, there's eight items that need to be addressed. We looked at them, we addressed it. And I think if we could set our own -- if, and just the impression that I get -- any differences aside and look what is best for that community, I think that will be best. I have a degree in architecture. We did a lot of planning there. And I know there's a little disgruntleness about development around Immokalee and we're doing a favor of whoever family. But if you develop outside of Immokalee it will eventually infiltrate the interior of Immokalee which will help enhance and develop that community. So I hope that this Board would find it in their hearts and their minds, would really search out and do what is best for this community, and I hope you guys vote on it and allow it to go through and pass. Thank you. MR. MITCHELL: Mr. Wilcoxson will be followed by Mitch Hutchcraft. Page 155 September 25-26, 2012 MR. WILCOXSON: Larry Wilcoxson for the record. I just watched this video. I wasn't going to speak. I didn't come here to speak. I came here to directly just listen and tune in. But this video, I mean, it humored me. It's funny. You know, I see in the visuals on there that I spoke to about this master plan as I really didn't have a lot of knowledge on it myself As I even asked Commissioner Coletta. I read it over and over and over. It's bittersweet. I could see the pros and I also can see the cons. But one thing I do know, the individuals on this video, they don't know the first thing about this master plan. You can see a lot of it is so orchestrated, the same background, just getting individuals. They don't even know how to say -- I'm not saying they don't know how to speak, but they tell them to know master plan. They telling them those words. I mean, I could have got a video 28 minutes long and found everyone to say no, no, no, no, no, no, no. I mean, that's exactly what it was. I mean, I really want to leave this to the expertise -- the experts on this. The people, the investors who have a lot to lose, a lot to gain. And I trust you all. I trust you all to make the right decisions and do what's best for this community. It's my community. I love it. You know, I'm not an expert on this plan, like I said last time I spoke. This has been going on forever. You know, it's time that we just do something, move forward. And, I mean, like I said, I just wanted to share myself And I hope this video really don't put any -- it didn't infiltrate any of you all minds. Because one thing, like I say, I promise you, I never seen something more orchestrated. Because I didn't talk to probably -- not even 75, but at least 60 percent of those individuals on that video. And I wasn't going to speak. That's why I just bust out laughing. I'm sorry about that, when I walked out to go sign this sheet. So I'll just leave it up to you at all. I trust all five of you all to do Page 156 September 25-26, 2012 what's right and make the right decision. And whatever the decision is, I'm going to stand on it and we're just going to move forward. MR. MITCHELL: This is your last speaker. It's Mitch Hutchcraft. MR. HUTCHCRAFT: Good afternoon, Commissioners. My name is Mitch Hutchcraft. I'm with King Ranch and Consolidated Citrus. Apparently I'm one of the offensive parties. We do happen to own a fair amount of property in Immokalee. I just wanted to share with you that I was an active participate in the process. And I appreciate the comments on both sides here. You guys have a tough job. What I want to encourage you to do is to take time. Because I think it is difficult to create a vision and move forward. I think it's easy to find fault with that. So I'm not saying that the points that were made were inaccurate. I'm saying let's give the vision opportunity a chance so that we can take Immokalee and move it forward in a manner that's beneficial for everybody. One of the points that was raised was industrial property along the edge of the airport. Happens to be on our property. If that's an offending issue, take it out. Our point was to participate with the folks that showed up in that process. And I attended personally for about two and a half years. And if that is one of the items that is an obstacle to moving the plan forward, take it out. The reason that we put it there is we are at the end of two runways and we thought low density residential at the end of runways was probably a long-term compatible issue. We recommended a change. But again, I want you to recognize that when I attended the meetings there was a significant amount of involvement and Page 157 September 25-26, 2012 participation. I respect that process. If there's more input, let's get more input. But let's not throw the baby out with the bath water and make a short decision to end what has been eight, nine, 10 years of effort. COMMISSIONER HILLER: Can I comment on -- MR. HUTCHCRAFT: Absolutely. COMMISSIONER HILLER: -- the remarks you made? And you and I have spoken, and I really appreciate, you know, your very serious concerns about what's going on in Immokalee and obviously as a major landowner there your position. The baby was thrown out with the bath water. The baby was thrown out with the bath water when this amendment was proposed. There is a plan in place, and this amendment is a strike-all amendment that replaces years and years and years and a great deal of money that was invested in the plan that currently exists. This attempt at this amendment is nothing more than an attempt to get rid of all the effort that was put into by the community. As far as the meetings, the public meetings that were held where you said there was participation, I went ahead and I pulled all the minutes for every single meeting that was held on this. It was always the same people. And yes, you attended. I saw your name repeatedly. And I really commend you for being involved. It was always the same people. It was always the same few professionals who intended to benefit by participating in this planning process. And it was the same few representatives of the key big landowners who were there. It wasn't the folks out in Immokalee who were attending these meetings. This amendment was not a function of the people of Immokalee. And the referendum that the people referred to is representative of that. Out of about 20,000 people who live in Immokalee, only 400 -- 417 to be exact, voted. That is by no means the voice of the people of Page 158 September 25-26, 2012 Immokalee. And that doesn't include the business owners. Because you don't live in Immokalee and you didn't have an opportunity to vote. You were excluded from the vote. And one of the reasons that so many people didn't vote is because the wording of the ballot measure was unclear, it was ambiguous, it was confusing. And I believe Mr. Wilcoxon, when Mr. Wilcoxon says that these people who said I support the Immokalee Area Master Plan, what you said, I believe you. And that's really concerning. I can't believe we have one-sided propaganda produced using public funds to lobby this board on a self-serving agenda. It's shocking. I value your input. And I think what ought to happen is exactly what you described. This amendment should be set aside. There is too much that is unacceptable in this amendment. This flood map that came out this morning makes the density and intensity that's being proposed absolutely over the top. So what I suggest is what you think is the right thing to do. Let's table this amendment, which has only been developed since 2008, not for 10 years, and let the county work with the people of Immokalee and come up with changes to the existing master plan and go through section-by-section to come up with a proposal that's reasonable and fair to all involved. To people like you, to people like Mr. Facundo, to, you know, people who have businesses on Main Street. But the approach that's being proposed here is just unacceptable. And it literally goes from bad to worse. And it's very kind of you to say, you know, whatever is being offered to you should be, you know, rejected so the rest can go through. But it doesn't work that way. Because once the plan is adopted, we can't take away. That constitutes a takings. So we have to take it from scratch and build up. We can't go to the top and take back. MR. HUTCHCRAFT: And I appreciate your comments. I respectfully disagree with your sweeping generalization that this was Page 159 September 25-26, 2012 throwing the baby out with the bath water and only represented the interest of a few. Having sat in those meetings, I can assure you that there were citizens, representatives, residents of Immokalee that were actively participating. And so I believe that there was input. And I will not tell you that this is a perfect plan, but I think it does represent a vision and a move forward. And I will also tell you that I think agriculture in Immokalee is changing. And if you do not plan for the future of Immokalee, what you're going to get is the worst case scenario. And so with that I appreciate your comment. I did not say to table this amendment. I'm encouraging you to take the good parts of this. If there are minor modifications, let's make those minor modifications and respect going forward. Thank you. COMMISSIONER HILLER: It seems major modifications. CHAIRMAN COYLE: Okay, we're taking a 10-minute break. You haven't had a break in a long time. So we'll be back here at 3:42. (Recess.) MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: If I only had some live commissioners, I'd be all right now. Where are they? Commissioner Fiala is stuffing her face. Did everybody hear that Commissioner Fiala -- COMMISSIONER FIALA: I needed a shot of sugar. CHAIRMAN COYLE: -- is having a sidebar conversation with the carrot cake, and she's doing that so there won't be any left for me. Now, should I tell you where she is? We've got a quorum, but we need a vote of the -- COMMISSIONER FIALA: Here I come. CHAIRMAN COYLE: Yes, a distant voice. Page 160 September 25-26, 2012 COMMISSIONER FIALA: I had frosting all over. CHAIRMAN COYLE: Oh, I understand, sure. Okay. We're back in session now, ladies and gentlemen. Now, we have commissioners who want to speak. And it has been so long, I'm just going to go from left to right. Commissioner Henning? COMMISSIONER HENNING: I'm not sure what we're considering here. I mean, we had it advertised in our agenda that's the items, reported in our agenda of the changes. Jeff, do you have any idea what we're voting on? MR. KLATZKOW: No. The executive summary is in error. The plan that you're to vote on does not include the changes that were, apparently, adopted by your advisory board. I don't -- I really don't know what the advisory board is advising at this point in time. It's not laid out. I had asked Carolina Valera at a break, you have to write it down so we know what we're voting on. I don't know that she's had the opportunity to do that. COMMISSIONER HENNING: Okay. Ms. Phillippi, I have a question for you. Your interview video, what were you -- what's the agenda there? Is it what they voted on? MS. PHILLIPPI: On the video? No. At our last meeting, Commissioner Coyle asked us where the people who are -- COMMISSIONER HENNING: No, no, no. Let me restate the question. Your agenda of your question, what did you want to portray, that people want the commissioners to vote on what was on the ballot or what the advisory board is recommending or what? MS. PHILLIPPI: I assume that we were voting on the master plan as it's been proposed with the suggested recommendations that you made and the advisory board's compromises to that. COMMISSIONER HENNING: And that's what the question Page 161 September 25-26, 2012 was to the people that you're interviewing on this video? MS. PHILLIPPI: No, that was not the question to them. COMMISSIONER HENNING: Okay. What was the question? MS. PHILLIPPI: I didn't personally participate in the video whatsoever. So I'm assuming they said, "Do you support the master plan?" COMMISSIONER HENNING: Which version; the one they voted on? MS. PHILLIPPI: I don't think anybody said Version 1, 2, 3, or 4. I don't think they said that. COMMISSIONER HENNING: Okay. Because I heard -- and I just want to clarify. I don't want to assume what your agenda is -- that they want to -- the board to vote on what we voted on in December of 2011. Would that be a correct assumption? MS. PHILLIPPI: That would be correct -- COMMISSIONER HENNING: Okay. MS. PHILLIPPI: -- except that you would need to include the changes that you recommended and the board's advisory committee's compromises that they submitted to you at this point. The people on the video, I don't think -- COMMISSIONER HENNING: That had the CRA on there, the MS. PHILLIPPI: They had the logo of Immokalee CRA, yes. COMMISSIONER HENNING: So it was made by the CRA. And you had no idea that -- what your staff was doing? MS. PHILLIPPI: No, I was not -- I did not participate in that whatsoever purposely. COMMISSIONER HENNING: Is your staff member who put that together or participated here? MS. PHILLIPPI: No. It's a completely separate entity that put it together. It was not the CRA staff at all. Page 162 September 25-26, 2012 COMMISSIONER HENNING: Okay. All right. Well, can I play a video? CHAIRMAN COYLE: No. COMMISSIONER HENNING: No? CHAIRMAN COYLE: No. COMMISSIONER HENNING: I think it's relevant to the discussion, but -- go ahead. CHAIRMAN COYLE: What is the video, and how long does it take? COMMISSIONER HENNING: Three minutes. CHAIRMAN COYLE: If it's relevant. COMMISSIONER HENNING: Don't worry, Penny. You're not in it, okay? CHAIRMAN COYLE: You have to understand if it's not relevant, I'm going to erase it from my mind. (A DVD was played from the 9/11/12 MPO meeting.) "COMMISSIONER HILLER: Yeah. I'd like to -- can you go back to the schedule of priorities for the Immokalee airport. Thank you. Thanks. You can just leave it on that one right there. When I'm looking at this schedule of priorities, I see a lot of overlap with the Immokalee Area Master Plan and, like, for example, just reading from the master plan, your redesignation of lands within the boundary of the Immokalee airport from industrial to Immokalee Regional Airport Subdistrict, addition of 103 acres of land that are proposed to be removed from rural land steward -- RLSA and be included within Page 163 September 25-26, 2012 the boundary of the Immokalee Regional Airport Subdistrict, APO, you know, increasing 462 acres of industrial designated lands, redesignation industrial to Immokalee Regional Airport Subdistrict of 1,484 acres as part of the Immokalee Regional Airport boundary. All of that has to do with what you've got here as your priorities; is that correct? Because, like, for example, the line acquisition for runway extension, 103 acres, is that the same as the 103 acres of rural land that's being redesignated? MR. CURRY: I'm sure it is. COMMISSIONER HILLER: Yeah. So, essentially, if I understand what's going on here, you're taking agricultural land through the Immokalee Master Plan, you're upzoning it, and then, subsequently, you're going to propose that government buy it based on the upzone value? MR. CURRY. Yes. COMMISSIONER HILLER: Okay. Why would you do that? That makes no sense at all. I mean, if we know that you're going to need that land, why aren't we buying it now as agricultural land and then subsequently upzoning it ourselves for whatever need, you know, we deem appropriate? Because, obviously, what you're doing by having it in the Immokalee Master Plan and changing the zoning and then, subsequently, buying it for a Page 164 September 25-26, 2012 runway extension is you're creating tremendous value for the private owner of the land and costing the taxpayers of Collier County way more than they should be paying for this land. I mean, it's agricultural land. MR. CURRY: Well, it's in my plan because I want it to be funded by the FAA. I want it to be eligible -- COMMISSIONER HILLER: But it's public money. I don't -- MR. CURRY: To be funded by the FAA, and -- COMMISSIONER HILLER: And that's federal funds. MR. CURRY: When property is purchased in that way, it's done simply based on what is the appraised value of the property. COMMISSIONER HILLER: Well, the appraised value of the property is agriculture. The only reason it's becoming more expensive is because, through this Immokalee Area Master Plan, it's being rezoned ahead of a known future acquisition, which makes no sense. And to me, when we're talking about tax dollars, I don't care if it's county, state, or federal. It's the public's money. Who owns that land?" (The video concluded.) CHAIRMAN COYLE: Okay. Now, tell us what your point is. COMMISSIONER HENNING: My point is, in the administration code of Collier County properties valued over 50,000, Page 165 September 25-26, 2012 you need two appraisals. Clearly, the airport director was in full knowledge of-- that we were going to rezone this property and then purchase it at the rezone value, which needs two appraisals. Until we have an agreement with the landowner, there's no guarantee that you're going to get it at agricultural. And, in fact, our law says different. We need to appraise it by the value of the zoned property. Okay. CHAIRMAN COYLE: So what's the point? COMMISSIONER HENNING: Well, there's things said at the last meeting that is contrary to what was said at the MPO, and it was really to your benefit, because I think that was one meeting that you missed. CHAIRMAN COYLE: No, I think -- I think what you're confusing is the fact that a whole year has elapsed since that comment by Mr. Curry, and we have discussed that in substantial detail on a number of occasions since that point in time. So you are ignoring all of the conversations and commitments that have been made by Mr. Curry, myself, the county manager. Everybody's understanding was that it was being rezoned only so the airport could use it, not so it could be sold at a higher price. And it's been made very, very clear that our discussions with the Colliers have also centered around buying it at the agricultural price and has never included upzoning it and buying it. So the point still is, what is your point? COMMISSIONER HENNING: Well, the point is we've never discussed this at a public meeting, okay, except for the last meeting. CHAIRMAN COYLE: That's not true. COMMISSIONER HENNING: And I -- you know, show me where it's on the record, because I couldn't find it. That is the -- CHAIRMAN COYLE: I'll show you when it was on the record when -- Page 166 September 25-26, 2012 COMMISSIONER HENNING: May I finish, please? CHAIRMAN COYLE: No, you can't. I'm going to answer your question. You asked a question to show you where it is on the record, and I'll show you where it was on the record. Commissioner Hiller brought the same thing up probably a year ago, around November, and alleged that we were conspiring to do this. And I said, we are not. And Mr. Curry came up to the podium and I said -- I think he said I misspoke. And so we talked about that very clearly at that point in time. And I made a commitment then that I would never agree to purchase that property at anything more than its agricultural value. I did the same thing at our meeting just recently when you brought it up again. So this is old news. It's -- it's a manipulation of a misstatement made over a year ago that you and Commissioner Hiller will not let go because you feel you can use it for your advantage. Now, if this is to be another excuse for not voting on the Immokalee Master Plan, go ahead and tell us that. But the point is that that is not a relevant issue. COMMISSIONER HENNING: Well, your political statements are wrong, sir. And I want to finish. CHAIRMAN COYLE: Go ahead. COMMISSIONER HENNING: I searched the minutes on the Immokalee airport, and that is all I could find. And it's a -- you know, it's a very extensive search that not only I did but other people did. Furthermore, as far as including that land in the Immokalee Master Plan, that was a recommendation of staff during the rezone of the airport, and I believe that was in 2009. The executive summary clearly stated that the property needs to be a part of the Future Land Use Map. So that's the reason why that property is being added. Page 167 September 25-26, 2012 CHAIRMAN COYLE: What's the point? COMMISSIONER HENNING: You know what, I'm not going to get political on this. CHAIRMAN COYLE: Yeah. COMMISSIONER HENNING: You can go ahead and govern yourself the way you see appropriate. CHAIRMAN COYLE: I'm just asking what your point is. Apparently, it's not a point. Okay. I'm sorry. Go ahead, Commissioner Coletta, you're next. COMMISSIONER COLETTA: You know, I do appreciate it. And I don't want this to break down into a negative discussion. The reason we've gone through -- well, I'm sorry. I'm going to try -- so it's happening. That's the way it is at the moment. I didn't go through all this trouble over such a long period of time to try to keep this alive just at the last minute to be able to give a rash -- a reason to someone to be able to vote against it. What I'm saying is, is if that's the one issue that Commissioner Henning's having a problem with, I'm sure we could come up with some language that would qualify the fact that that -- that anything that takes place on that airport as far as the purchase of that land in the future, put it into the Immokalee Master Plan as a subnote that it will have to be purchased at agricultural value no matter when it's done, and put it in there. And then that might be able to remove the obstacle that Commissioner Henning's having with this one item. If we're at an impasse and the impasse is a lot deeper than just the airport, let's get down to it and have a frank discussion and go from there. We've tried awful hard to make this work. I'm about at the end of the road with this whole project. Either it flies or it doesn't fly. So let's just go about it as rational people and see what we can do to meet the will of the people in Immokalee. Page 168 September 25-26, 2012 And I heard a lot of misstatements out there that really were concerning. It's been eight years; it's been longer than eight years they've been working on this plan. It's been a continuous process of many people, not always the same people. I sat in many of the meetings. They even hired their own consultant so they could be free of the county in their decision-making process. Well, we all know where it's been. We know the long process it's been through. We know the fact that the first time it came before this commission it passed unanimously to be moved forward. That was for transmittal. And then it started the whole process of disintegrating for all sorts of reasons. And I'm not going to blame anybody at this point in time. But I'd sure like to give a lot of people credit for making this thing happen today. Thank you. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. Interesting that you gave that proposal, because I had written down, didn't the landowner adjacent to the airport actually say he was -- well, he -- not he, but, you know, it was said on the record that they had spoken -- our people had spoken to them or whoever was at the -- I shouldn't say our people. Whoever was standing at the podium said that the landowner was actually going to sell it to the airport at ag prices. So at -- just almost exactly what you said, Commissioner Coletta, how about this, including the -- include the land at the airport only if it can be purchased at an ag price, and if not, then it shouldn't be included at all. That makes it pretty darn simple, very clear. There's no ifs, ands, or buts, and maybe that would answer Commissioner Henning's concern, and at the same time everybody's concern, because they would like to buy it at ag prices, not at an upgraded price anyway, including the airport. They don't want to do that either. Page 169 September 25-26, 2012 The second thing is, Penny, I ask you, once again, the changes on here right now, do they gut the plan? Can the plan move forward? Because what my main concern is, just me as a commissioner, I want to see what we can do about not only invigorating the community and helping them to move forward and upgrade their community, but I would also like to see if this plan will also help them stimulate economic growth in that area. Will this plan in any way stop that from happening, the way it is written right this minute? MS. PHILLIPPI: I don't believe so. COMMISSIONER FIALA: Fine. MS. PHILLIPPI: The professional planners are here, too. COMMISSIONER FIALA: Okay. That's what I needed. You don't even have to explain, because that's what I needed. Because I came in thinking I don't even want to vote for it anymore because it had been desecrated. But now with the new things added and your assurance that you feel that it won't hurt -- you know, it won't hurt the community but it would help it, you've helped me to change my vote. Thank you. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah, a couple of things. You know, Commissioner Henning, bringing up the airport issue is actually very important. I did a little bit of research, and what I found was really very disturbing. Brent Batten at a point in time had written an article which was full of misinformation, if you will, both about the Immokalee Area Master Plan and the airport master plan, and I wanted to wait to the -- you know, for an appropriate point in time to address what he incorrectly described. So I think I'm going to bring out some points right now. You know, the airport has a PUD, and that PUD is inconsistent with the Growth Management Plan notwithstanding it was adopted. Page 170 September 25-26, 2012 We have an airport master plan which Mr. Batten said was as a -- I can't remember the exact words, but not as a requirement, but rather as a -- sort of a platitude or a convenience adopted on consent by the Board of County Commissioners, which is really a meaningless act when you look at it in the context of the Growth Management Plan because, again, the Growth Management Plan and the FLUM has never been changed to reflect what the airport master plan provides. And, again, as I said, the PUD is inconsistent with the Growth Management Plan as well. So, really, what the intent of this Immokalee Area Master Plan, with respect to the airport is, is to give legitimacy to what at this point in time is not legal, okay. So when you're addressing the airport, you're absolutely right, that is just one of many problems with this proposed amendment. And what they are trying to do is -- with the airport subdistrict, is bypass the process that the airport master plan should have been taken through, just like the Immokalee Area Master Plan was taken through, a transmittal hearing, and then, you know, public -- or comments from the state, and then public -- and then a public adoption hearing in front of the board. So that's just one issue. So in terms of problems, yeah, there are very significant problems with the airport PUD. There are significant problems with the airport master plan, and there are significant problems with the Immokalee Area Master Plan as it relates to those two documents. So thank you for bringing that up. As far as Mr. Curry saying that he made a mistake, the JSIPs say otherwise. The JSIPs continue to provide that the value of that land, that 103 acres, is well over a million. I think they value it at a million and a half, and then there's panther mitigation credits attached to that line. That line is actually without value because of the panther telemetry for another $2 million. So that 103 acres, which, you know, Page 171 September 25-26, 2012 you're talking about valuing it agriculture prices, in the JSIP is valued at something like three-and-a-half million, and agricultural provides prices, I mean, I'm guessing, would be somewhere in the neighborhood of 2- or 300,000. So those are material misrepresentations, if you ask me. But that's just a comment on your point, Commissioner Henning, and it's well taken. Jeff, I have a question for you. I'm going to read this. A member of the Immokalee CRA made the following statement months ago: They hired an outside planning consultant to review the current and proposed IAMP to review the current and proposed FLUM and to document how the proposed IAMP will impact their farm holdings in Immokalee. They stated that the consultant informed them that the proposed IAMP is not detrimental but rather provides a high value to some of the holdings, since a use could be changed to a higher land use; i.e., under the proposed IAMP, the mobile home parks would be mixed-use commercial if a family would decide to rezone the property to that use. This was -- this was really, you know, a direct admissions on the record that this committee member directly would profit by the changes being proposed to the Immokalee area, you know, to their property holdings. Could that person vote on this? I mean, they have a direct financial interest, and they're directly profiting from the vote that they're casting. MR. KLATZKOW: Shouldn't have, no. COMMISSIONER HILLER: They should not have? That would have been a conflict, right? MR. KLATZKOW: Shouldn't have voted. COMMISSIONER HILLER: Okay. Well, they voted. Not only did they vote; they voted repeatedly, and they commented repeatedly. Page 172 September 25-26, 2012 So that really puts, in my mind, the question of who else on the Immokalee CRA advisory board has land interests that are being increased in value as a consequence of this Immokalee Area Master Plan and are still voting on the plan. I mean, it basically makes it impossible for me to rely on the vote of the CRA in light of what I have. And this came right out of the minutes. I'm going to introduce this into the record. Now, if you're telling me that this person as a consequence of this statement should not have voted and that they have a conflict, how does that relate back to Commissioner Henning? Because, really, isn't it the same with respect to Commissioner Henning, that since the use could then be changed to a higher land use if they decide to rezone, wouldn't the same thing be true for Commissioner Henning's property? And what I really want from you is an opinion on whether or not Commissioner Henning has a conflict, because it directly affects my position on the board if he does or doesn't vote. MR. KLATZKOW: I do not believe Commissioner Henning has a conflict; however, there is a statutory provision that says that if you believe there is a perception out there that your vote would be improper, then you do not have to vote. COMMISSIONER HILLER: Okay. MR. KLATZKOW: And given the discourse that this plan has had, I think he fully falls within that provision. COMMISSIONER HILLER: So that he properly could abstain? MR. KLATZKOW: I believe he can, yes. COMMISSIONER HILLER: Okay. All right. So in his case he can vote, but under the circumstances with the discourse that has transpired, it is your opinion that -- MR. KLATZKOW: That he would be within his -- COMMISSIONER HILLER: -- legal rights to abstain. Page 173 September 25-26, 2012 MR. KLATZKOW: He would be within his legal rights to abstain, yes. COMMISSIONER HILLER: But in the case of this particular board member where the facts are different -- MR. KLATZKOW: Ma'am, I really don't know the facts. COMMISSIONER HILLER: Well, the facts are as I read them to you on the record. MR. KLATZKOW: Okay. CHAIRMAN COYLE: Sure, yeah. COMMISSIONER HILLER: Well, these are -- these were -- this was the statement by a property owner. MR. KLATZKOW: No, I understand what you're saying, ma'am. COMMISSIONER HILLER: Well, I think -- I'd like these facts evaluated further then. And I'll enter this -- I'll enter these minutes. They're the minutes from March 28, 2012. Now -- okay. In -- CHAIRMAN COYLE: Can we have a vote? COMMISSIONER COLETTA: Before you do that, I still have my light on. CHAIRMAN COYLE: Okay. Go ahead, Commissioner Coletta. COMMISSIONER COLETTA: Yeah. Wow, talk about the expression "beating a dead horse." I kind of hoped this thing would show some life, but I'm beginning to wonder. Just a simple question, Commissioner Henning, then I'm going to offer an alternative to this whole situation that I believe some people on this commission are going to truly like this suggestion. Do you still have problems with everything you heard now, the testimony that was given today, counter testimony that was given, do you feel you could support the Immokalee Area Master Plan? COMMISSIONER HENNING: Again, what I said, what are we Page 174 September 25-26, 2012 voting on? Are we voting on what's in our agenda packet that was advertised? Are we voting on what the citizens voted for? Are we voting on what the CRA director reported and then amended by CRA members? What are we voting on? COMMISSIONER COLETTA: We're voting on the master plan. COMMISSIONER HENNING: I made a motion the last one, and it failed. And -- put some pants on and make a motion. COMMISSIONER COLETTA: Okay. Now, I'll tell you where I'm going. The last time you made the motion, I was overstepping my bounds and encouraging you. I should have referred it right to the CRA, because some of the things I was agreeing to, the CRA wasn't going to be agreeable to. And I think I would have done just exactly what I'm telling everybody else not to do. We've got to let Immokalee come up with their own plan and represent what it is. So you're looking for the clarity that's supposed to be there. You made a proposal to the CRA and you came up with eight different changes that you wanted to see done. They've agreed to -- what is it -- out of eight, they agreed to seven, or six I mean? Wasn't it? MS. PHILLIPPI: (Nods head.) COMMISSIONER COLETTA: But in any case, you heard what it was. They read it to you and everything. As the CRA amended it, could you agree to that; the master plan amended in that direction, could you vote on that? Could you make the motion for that? COMMISSIONER HENNING: Yeah, I could vote on it. COMMISSIONER COLETTA: Okay. But -- COMMISSIONER HENNING: Here's the issue. I thought the amendments would not do any harm to the plan. In fact, the planner agreed to it, you know. And then after that, we had a lot of hearsay discussion. The two things that I let go -- and David Weeks has stopped us Page 175 September 25-26, 2012 from doing this in the past, and that is strip zoning. Twenty-nine is nothing but a strip zoning commercial. Furthermore, it was pointed out to me that I neglected to bring up the fact that the single-family mobile homeowners within the platted subdivision of Immokalee will now become nonconforming, okay? This issue about mobile homes has been in the Immokalee area, you know, problem. We are only making it worse by not allowing people to replace their mobile homes. We're getting back to the same issue from trailer park to single-family, you know, and exacerbating the problem for future boards. COMMISSIONER COLETTA: And that's what I'm trying to get to about future boards. But you feel in your heart for all the right reasons that this Immokalee Master Plan does not really represent what the people of Immokalee want and doesn't serve their best interest; is that a simple statement that you can agree to? COMMISSIONER HENNING: That's not on the agenda. COMMISSIONER COLETTA: Sir, all I'm trying to do -- COMMISSIONER HENNING: I'm not answering your question. COMMISSIONER COLETTA: All I want to do is get to a conclusion on this, and -- CHAIRMAN COYLE: Okay. All in favor -- is there a motion? COMMISSIONER COLETTA: No, no, no, wait. COMMISSIONER HILLER: Hang on a second. COMMISSIONER COLETTA: Let me -- one more time. I still got the floor, and I'm not relinquishing it. Penny Phillippi, come up to the podium. Okay. I haven't told you everything. I've been holding back something. Rabbit's being pulled out of the hat. Now, I didn't pull this rabbit out, but it's been pulled out, and it can happen. Penny, tell us about your conversation with Tallahassee. Page 176 September 25-26, 2012 MS. PHILLIPPI: Well, I submitted an email to Tom Beck at DEO and asked him, if the board were to request an extension of the deadline for this master plan, would they consider it, and he sent an email back immediately and said, absolutely, be glad to work with the commission. CHAIRMAN COYLE: Okay. Now, simply put, let's take all the politics out of it, and politics being Commissioner Jim Coletta whose last meeting will be the first -- the meeting in November. At that point in time, I'll depart, and everybody will be up to their -- up to their own to figure out what to do with this, and we'll have a new commissioner coming in that may even have some ideas to solve this problem. I would make a motion that we direct Penny Phillippi to ask for a six-month extension while this commission sorts out where they are with the CRA and the people of Immokalee. And we've got too much invested in this to walk away at this point in time. MS. PHILLIPPI: I don't think -- COMMISSIONER COLETTA: That's my motion. I don't think I can make the request. It has to come from the board. Well, this would come from the board if the board agreed to it, and then the board will have to deal with this down the road after the new commission's in place, and possibly that may change the dynamics of this whole thing so we can get to where we need to be. I'd love to bring it to a close today and say the Immokalee Master Plan has passed, but it's, obviously, not going to happen. And I'm making a lot of people uncomfortable, and I don't care to do that, and I'm one of them that's getting uncomfortable. So let's bring this to a close, and that's my motion. CHAIRMAN COYLE: What is your motion? COMMISSIONER COLETTA: My motion is to have Penny Phillippi, in the name of the Collier County Commission, reach out to her contacts at Tallahassee and ask for a nine-month extension -- or, Page 177 September 25-26, 2012 no, excuse me, a six-month extension, because we've done all the work we ever need to do on this. And then that six-month extension, you deal with it as you start down the road to figure out where you're going to go. COMMISSIONER FIALA: I'll second the motion. But when it does come back in six months, I would like it also to include -- as Commissioner Henning was talking about the price of the land over at the airport -- some statement from the landowner that they would still sell it to the Immokalee airport at agricultural prices. COMMISSIONER COLETTA: That's great. But may I make a further suggestion that we don't give any other particulars other than the fact to ask for the extension. And when the new commission is seated, let them come up with the direction for what they're going to do. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. The motion passes 3-2 for an extension -- to request an extension. MS. PHILLIPPI: Thank you. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: One more time. MR. OCHS: Sir, at the risk of belaboring this, there were some statements made about inconsistencies in the planning documents with regard to the airport. I'd like Mr. Weeks to just address the board -- Page 178 September 25-26, 2012 CHAIRMAN COYLE: Okay. MR. OCHS: -- very briefly on that, please. COMMISSIONER COLETTA: Just as a statement of fact, not to try to change anything we did. MR. WEEKS: No. For the record, David Weeks of the Comprehensive Planning Staff. Commissioners, the Immokalee airport operations PUD that this board approved, I don't know, a year ago -- I'm not sure how long ago -- that was reviewed for consistency with the Future Land Use Element -- well, for the Immokalee Area Master Plan that is in effect and for the Future Land Use Element, because the 103 acres that we've been discussing today was and is within the RLSA and, therefore, a part of the Future Land Use Element, not the Immokalee Area Master Plan. And that PUD was deemed to be consistent with both of those documents, the Immokalee Area Master Plan and the Future Land Use Element. That was a recommendation by staff that it be found consistent, and then the Planning Commission, I would say, endorsed that by recommending approval, and then this board, by approving the petition, was making a finding of consistency as well. CHAIRMAN COYLE: So all of the statements concerning the fact that the Immokalee airport plan is faulty, is not proper, violates standards, violates statutes is not true; is that -- MR. WEEKS: I'm speaking specifically about the Immokalee airport operations planned unit development. CHAIRMAN COYLE: Okay. MR. WEEKS: Not the Immokalee Airport Master Plan. I have no expertise in that. CHAIRMAN COYLE: All right. Thank you very much. COMMISSIONER HILLER: So, Mr. Weeks, the airport PUD does include the 103 acres as a runway extension, doesn't it? Page 179 September 25-26, 2012 MR. WEEKS: It includes that -- COMMISSIONER HILLER: I have it right here. MR. WEEKS: It includes that property, but the only uses allowed on that property under the current designation, that is as within the RLSA, are the same uses that are allowed by the RLSA overlay. They cannot develop it with industrial uses, with airport, or other types of uses unless and until the Future Land Use Map is changed to a different designation. COMMISSIONER HILLER: Okay. You can't have a condition like that. You can't include a provision in a map that says this land, you know, will not be an airport until the -- I'm sorry. You can't include a provision like that in a PUD and say, we're approving this conditional upon the modification of the Growth Management Plan. That's contract zoning. MR. WEEKS: I defer that to the County Attorney's Office that found it legally sufficient. COMMISSIONER HILLER: That's absolute -- that's contract zoning. COMMISSIONER HENNING: You started this. MR. OCHS: No, I didn't, sir. CHAIRMAN COYLE: Okay. All right. Where are we going to go next, County Manager? Item #9B ORDINANCE 2012-38: AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION Page 180 September 25-26, 2012 TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER 2 — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS, SECTION 3.06.07 UNREGULATED WELLFIELDS, SECTION 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 Page 181 September 25-26, 2012 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.01 .02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A — STANDARD PERFORMANCE SECURITY DOCUMENTS FOR Page 182 September 25-26, 2012 REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE — ADOPTED ORDINANCE 2012-39: AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1 .08.02 DEFINITIONS; CHAPTER 2 — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN Page 183 September 25-26, 2012 STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R); CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING, ADDING SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE - MOTION TO APPROVE CRA AMENDMENTS — FAILED; MOTION TO RECONSIDER — APPROVED; MOTION TO ACCEPT CRA LDC AMENDMENTS EXCEPT NONCONFORMITIES — APPROVED; MOTION TO APPROVE WELLFIELD AMENDMENTS — APPROVED MR. OCHS: Go next to Item 9B. There are three areas of this Land Development Code amendments, commissioners, that can be heard prior to 5:05. CHAIRMAN COYLE: Okay. Let's hear them. MR. OCHS: Yes, sir. MS. CILEK: Good afternoon, Commissioners. Caroline Cilek, Senior Planner with the Growth Management Division, and I'm here today to present the final set of LDC amendments in this current cycle for your consideration. I have three amendments, as the county manager described, to present to you now, and then at 5:05, time certain, we will be reviewing the Bayshore/Gateway Redevelopment Agency and the wellfield amendment -- amendments. As well in your packet are the two ordinances for this cycle. One Page 184 September 25-26, 2012 is for the Bayshore amendment, and the other is for the remaining LDC amendments. If it pleases the board, we can review those at any time. The first amendment in your packet is 10.02.13, planned unit development procedures, and this amendment follows board direction. COMMISSIONER FIALA: What page? MS. CILEK: Pardon? COMMISSIONER FIALA: What page? MS. CILEK: It's actually the first amendment in your packet. It has a little tab that describes the section. Great. This amendment follows board direction to provide a procedure within the LDC to remove affordable housing monetary contribution requirements within a PUD ordinance, development agreement, and settlement agreements. The proposed language would allow the county manager or designee to administratively remove the affordable housing commitments as a minor text change. The procedure would include a public notice requirement. If a notified property owner submits a letter of objection to the minor change, the change would then be reviewed by the Board of County Commissioners. This received a unanimous vote of the approval by the Planning Commission. CHAIRMAN COYLE: Okay. You're asking for a motion now? MS. CILEK: Yes, please. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Okay. Commissioner Fiala makes a motion to approve. It's seconded by Commissioner Coletta? COMMISSIONER COLETTA: Yep. CHAIRMAN COYLE: Any discussion? (No response.) Page 185 September 25-26, 2012 CHAIRMAN COYLE: All in favor, please signify by saying -- COMMISSIONER HILLER: My light's on. CHAIRMAN COYLE: You want to discuss it? COMMISSIONER HILLER: Yep. CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER HILLER: There are a number of developers that were made to pay. I don't know the exact number, but I think it's probably around $600,000 or so. Crystal, do you remember? MS. KINZEL: (Shakes head.) COMMISSIONER HILLER: There was a schedule prepared that shows how much is being collected. I mean, there is some fundamental unfairness to waive this requirement for so many and leave the few who have been saddled with this out of pocket. MS. CILEK: What's important about this amendment is that it's the procedure to allow these commitments to be removed from a PUD ordinance. If you would like specific discussion about refunding or the amount of money that's been collected, I'm going to refer you to Ms. Patterson with impact fees. MS. PATTERSON: Good afternoon. Amy Patterson, for the record. Commissioner Hiller, you're correct. It's just under $600,000 has been collected to date. At the direction of the board, collections have been suspended. And with the executive summary that started this process, it was described that we would first develop the process by which to remove the commitments and then address the potential refunds. COMMISSIONER HILLER: So you'll be bringing that back? I think it's important, because I would hate to see a legal challenge on that, and I could see it, and I think they would be justified. MS. PATTERSON: If that's the direction of the board, we can bring back an executive summary outlining those that have paid and Page 186 September 25-26, 2012 then options for a refund of that money. COMMISSIONER HILLER: The other thing I'd like to just confirm again is not only are you addressing it with the ordinances but you're also addressing it within the settlement agreement. So to the extent there are provisions like that included in settlement agreements, those will be reversed also. MS. PATTERSON: Correct. We also have four that are contained within rezones, and we're working with the county attorney to deal with those as well. So everybody that's on the list we will address their -- COMMISSIONER HILLER: Then I make a motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: I thought we had a motion on already. COMMISSIONER HENNING: We did. COMMISSIONER HILLER: Oh, sorry. Did you make the motion? CHAIRMAN COYLE: We're going to call the vote now. COMMISSIONER HILLER: Oh, okay. CHAIRMAN COYLE: The motion was made by Commissioner Fiala and seconded by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion carries unanimously. We have public speakers, Ian, or is this left on from -- MR. MITCHELL: Sir, no. We have one public speaker. Page 187 September 25-26, 2012 CHAIRMAN COYLE: We do, okay. For this particular item? Is there a public speaker for this item? MR. MITCHELL: It's Conservancy of Southwest Florida. It's about the mangrove trimming. COMMISSIONER HENNING: Oh, that's the next one. MS. CILEK: Yes, it is. CHAIRMAN COYLE: Yes, okay. MS. CILEK: The next amendment is 3.05.02E, exemptions from requirements for vegetation protection and preservation, and 3.05.05, criteria for removal of protected vegetation. And this amendment will be presented by Steve Lenberger. MR. LENBERGER: Good afternoon. For the record, Stephen Lenberger, Natural Resources Department. This amendment here is to make a revision under the criteria and exemptions for vegetation removal. We took a look at the state statutes dealing with mangrove trimming and preservation, actually the Mangrove Trimming and Preservation Act, and found that the code is inconsistent with state law. The provision for mangrove trimming and alteration is governed by the state. And unless the state delegates that to a local government, we're not allowed to regulate mangrove trimming or alteration. So this amendment here is just to bring it up to date with state law. And if you have any questions, I'd be glad to answer them. CHAIRMAN COYLE: Okay. Let's call the public speaker. MR. MITCHELL: The speaker is Jeremy Frantz. MR. FRANTZ: Jeremy Frantz representing the Conservancy of Southwest Florida. I'll actually speak to two separate issues. The first is related to the removal of Section 3.05.05's G. One of the underlying reasons for this amendment was to clarify that the -- what the state and county rules are in the protection of mangroves, and that is that the state is the agency that's responsible for the permitting Page 188 September 25-26, 2012 of mangrove trimming or removal; however, during the process of working through the new amendment language, the Conservancy brought up the fact that Collier County does have a limited role in mangrove protection as a matter of zoning. For county preserves used to fulfill native vegetation retention requirements, the -- and protected through conservation easement, it was our belief that Collier County could and should have the ability to dictate what activities are allowed, whether the native vegetation be mangroves, oaks, or slash pine. Whether this -- when this matter was discussed with the Planning Commission, the county attorney indicated he wasn't comfortable with the county having any role in any type of policy direction regarding mangroves. The Planning Commission felt that there was merit, though, to the county's ability to have a role in mangrove protection limited to county required preserves and conservation easements. Thus, their recommendation was to recommend the county request delegation of authority over mangrove trimming on that limited basis. The Conservancy supports this recommendation, and we request that you direct staff to apply for such a delegation of authority. The second issue is related to the criteria for removal of protected vegetation in Section 3.05.05, the very first section. As you recall, originally, the existing introduction language to 3.05.05 wasn't a part of the concerns regarding mangrove -- regarding mangrove trimming but became a question the last time the amendment was brought before this board as it introduced some nonregulatory language. When it was brought back to the CCPC, the entire section was proposed to be removed. And while we don't have an issue with removing the nonregulatory language from the code, we wondered if there was a way to resolve the issue without completely striking the Page 189 September 25-26, 2012 entire section. Discussion with staff indicated that the provision has been used on rare occasions to ask applicants to retain trees in buffers when it wasn't critical they'd be removed. We brought the issue up to the CCPC, and they asked us to work on a possible alternative with staff, which we did, and we feel that the new language eliminates any nonregulatory or ambiguous language but at the same time preserves the guidance language that we thought was important. My time is ending, so I'll just say that we do recommend approving the language presented today along with the CCPC's recommendation. Thank you. CHAIRMAN COYLE: Okay. Thank you. That was the last speaker, Ian? MR. MITCHELL: It was, sir. CHAIRMAN COYLE: Okay. What is your response to the request for delegation? MR. LENBERGER: The state statute says that you can request delegation, but there's no indication that you can request partial delegation. I've talked to some staff who are familiar with the delegation process and, apparently, what they have told me, there's only one county that has delegation from the state, and that's Dade County, and they regulate it completely. But I mentioned that to the Planning Commission, that I didn't know if we could request partial delegation. And what the Planning Commission said is just to request mangrove trimming within preserves. And they said, well, we don't know if we don't ask, and that was the reply. CHAIRMAN COYLE: Okay. Well, do we have any intention Page 190 September 25-26, 2012 of asking, County Manager, or do you believe that there are too many complications associated with that? MR. OCHS: Sir, I would say that there are too many complications associated with that. I'd prefer not to go down that road unless the board wants us to get into that additional regulatory level. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Do we even -- CHAIRMAN COYLE: Yeah. Well, that's the problem. You probably would need to have additional staff; it would be additional cost. I'm not sure we're in a position to absorb that sort of thing right now. But I don't see any member of the board rushing to urge you to ask for delegation, so I'll call the question. COMMISSIONER HENNING: Move to approve as submitted. CHAIRMAN COYLE: Motion to approve by Commissioner Henning -- COMMISSIONER FIALA: Second. CHAIRMAN COYLE: -- as submitted, and second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MS. CILEK: We have one more on the agenda. It is 10.02.04, submittal requirements for plats. This amendment proposes to amend the submittal requirements Page 191 September 25-26, 2012 for the final plat section in the LDC. Currently, there's a limit of submitting one site development plan following the first review of the final plat by staff. The proposed change would allow for one or more site development plans to be submitted concurrently with the second review of the final plat. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Move to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Henning, second by Commissioner Fiala. COMMISSIONER FIALA: (Nods head.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Thank you. We'll take up the remaining items after -- or at 5:05. MR. OCHS: Yes, sir. CHAIRMAN COYLE: Okay. MR. OCHS: Yes, sir. CHAIRMAN COYLE: Where do you want to go now? Item #10A REQUEST FOR RECONSIDERATION BY COMMISSIONER HILLER OF ITEM #14A1 FROM THE SEPTEMBER 11, 2012 Page 192 September 25-26, 2012 BCC MEETING TITLED: RECOMMENDATION TO APPROVE AFTER-THE FACT ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT OFFER OF $713,565 FOR DESIGN, PERMITTING AND BIDDING OF RUNWAY #9-27 PAVEMENT RESTORATION AT THE IMMOKALEE REGIONAL AIRPORT, AND ASSOCIATED BUDGET AMENDMENTS - MOTION TO RECONSIDER — FAILED; COMMISSIONER HILLER WANTS HER VOTE ON 9/11/2012, ITEM #14A1 CHANGED TO A "NO" VOTE MR. OCHS: Commissioner, that would take us to 10A that was moved by Commissioner Hiller at her request to be a companion to Item 14A1, if the board would like to take those up now together. CHAIRMAN COYLE: Okay. MR. OCHS: Item 10A was a request for reconsideration by Commissioner Hiller of Item 14A1 from the September 11, 2012, BCC meeting titled, recommendation to approve an after-the-fact acceptance of a Federal Aviation Administration grant offer of $713,565 for design, permitting, and bidding of Runway No. 9/27, pavement restoration at the Immokalee Regional Airport and associated budget amendments. CHAIRMAN COYLE: Okay. We have some public speakers? MR. MITCHELL: Just one speaker, sir. CHAIRMAN COYLE: Okay. Let's call the first public speaker. MR. MITCHELL: Marvin Courtright. MR. COURTRIGHT: Marvin Courtright, resident of Collier County, and congratulations on the way this meeting went today. It's certainly a contentious item, and all of you are to be congratulated. I attended the last Airport Advisory Board meeting a couple of weeks ago anyway, or a week ago, and Mr. Curry presented a bit of information that kind of caught me by surprise. Page 193 September 25-26, 2012 There was only three of us there just as observers. There were two commission advisory board members absent. And Mr. -- yeah, hi. He did a good job. He had attended an FAA meeting that addressed the work to be done on the Runway 9 and 27, and also the north/south runway. And when he presented it, he paneled (sic) the board up and explained that the FAA did not agree with the present plan for the two runways. They had different suggestions. Well, the different suggestions, as -- if-- perhaps, I think Mr. Curry could probably answer that better than I -- my question was, why are we paying $713,565 for a company to come out and do design, permitting, and bidding on a runway that, ultimately, has to be approved by the FAA and funded by different grant monies when that particular responsibility will not apply to the FAA's thinking of it? They want to -- as I understood from Mr. Curry, they want to move Runway 9/27 one way, they want to drop the north/south runway this way. They're going -- it's going -- we just put in brand-new lights, all kinds of money spent, and it's going to require relocating all of those. My point is due to the meeting and the lack of being able to communicate from the time it becomes on the -- on the board to talk about -- and it was on a consent agenda item -- I think you should have been brought aware of this or reconsider having this cost analyzed for a better price, because it's already been done previously. They've done a major portion of it. Same company doing the work. That's -- I just wanted to bring that to your attention. CHAIRMAN COYLE: Mr. Courtright, this is the FAA's grant to us to do it with their money, okay? MR. COURTRIGHT: Wouldn't it help to save the FAA a little money, too? Maybe they might help us do something. My point is this -- Page 194 September 25-26, 2012 CHAIRMAN COYLE: No. The point is that the FAA has certain safety requirements nowadays that they are trying to build into their improvements of runways for the future, so they are very wisely considering those things into these kinds of projects, and they are providing the money to do it. So what are you suggesting, that we return the money and not do anything? MR. COURTRIGHT: No. I'm suggesting that you become more knowledgeable about what the FAA is looking at. Perhaps the executive director could do for you folks what he did for three business owners from Immokalee: Myself, Corky Mayhood, his daughter, Stevie Fletcher's representative, and -- CHAIRMAN COYLE: What makes you think he hasn't done that? COMMISSIONER HILLER: Well, I assure you, I know nothing. CHAIRMAN COYLE: Well, okay. I'll buy that. COMMISSIONER HILLER: I mean, I haven't been informed. MR. COURTRIGHT: Well, perhaps you have. I apologize if you have. Perhaps everybody knows. COMMISSIONER HILLER: This is the first I've ever heard of any of this. Have you heard of any -- has anybody else heard of this? CHAIRMAN COYLE: Of what, resurfacing the runway? COMMISSIONER HILLER: That's not what he's talking about. That's not what he said. MR. COURTRIGHT: No. I'm talking about total changing of the runways. CHAIRMAN COYLE: No, it's not total changing. MR. COURTRIGHT: Well, as presented by this gentleman, it is. CHAIRMAN COYLE: No, it's not. And we'll ask him to explain it in fairly simple terms. It's merely a displaced threshold on Page 195 September 25-26, 2012 one end and an extension on the other, you know. MR. COURTRIGHT: Two thresholds being displaced, north/south and east/west. I appreciate your knowledge of aviation, sir. I'm only saying that, as presented at the advisory board meeting -- I was there just as an observer -- it caught my attention when I saw the amount of money that we had just approved. CHAIRMAN COYLE: We just accepted it. The FAA awarded us a grant and we said, okay, yeah, we'll take that money. MR. COURTRIGHT: We've done that too much already in Immokalee. It's time we accounted for the money. CHAIRMAN COYLE: I think we will. Thank you. COMMISSIONER HILLER: Marvin, I want to ask you some questions. May I go ahead and speak? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HILLER: I can't believe what I'm hearing. I can't believe that you have information and you're bringing it to my and, I guess, Commissioner Henning's attention. I assume that Commissioner Fiala, Coyle, and Coletta know about it. And what you're also saying is that the work that we are applying to the feds for with respect to funding this project is work that has already been done? CHAIRMAN COYLE: No. MR. COURTRIGHT: A major part of the research has been accomplished, yes. COMMISSIONER HILLER: And who did that work? MR. COURTRIGHT: Same company that has been awarded the contract right now. COMMISSIONER HILLER: And they did that work pursuant to an earlier contract? Page 196 September 25-26, 2012 MR. COURTRIGHT: Yes. COMMISSIONER HILLER: So they, in effect, would be getting paid twice for the same work? MR. COURTRIGHT: There's nothing wrong with utilizing the information and the data that's available. COMMISSIONER HILLER: Well, there is if you're getting paid twice for the same work. MR. COURTRIGHT: I'm not inferring anything. I'm just saying COMMISSIONER HILLER: No, you're not. You don't have to. I am. MR. COURTRIGHT: Well, sir -- well, ma'am, it just -- COMMISSIONER HILLER: I want to know -- MR. COURTRIGHT: My comment was this: It's time we started accounting for the money -- COMMISSIONER HILLER: Absolutely. MR. COURTRIGHT: -- in regard to the Immokalee airport, and I'm going to leave it at that. COMMISSIONER HILLER: Mr. Courtright, you're very -- you're very kind, and I want to thank you for taking the time coming here today and sharing the information. MR. COURTRIGHT: Thank you. CHAIRMAN COYLE: Okay. MR. MITCHELL: Sir, that was your last speaker. CHAIRMAN COYLE: All right. Now, we have a request for reconsideration by Commissioner Hiller. Is there a motion? COMMISSIONER HENNING: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Henning. COMMISSIONER HILLER: Second. CHAIRMAN COYLE: Second by Commissioner Hiller. Page 197 September 25-26, 2012 All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All opposed, by like sign. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HILLER: In that case, I change my vote on the last item. I change my vote. Where I had said yes on this issue, I'm changing my vote to no. MR. OCHS: Commissioners -- COMMISSIONER HILLER: I have the legal right to do that, don't I? MR. KLATZKOW: I apologize, ma'am. What -- you're changing your vote on which item? COMMISSIONER HILLER: On the item that I asked for reconsideration. I've been denied the reconsideration. The vote that I cast at the last meeting on this agenda item where I said yes, I'm changing my vote to no. MR. KLATZKOW: Does anyone object? CHAIRMAN COYLE: I do. You know, this business of just going back and retroactively changing your vote is just foolishness. COMMISSIONER HILLER: It's not a question of objection. It's my legal right. CHAIRMAN COYLE: I don't think it is. COMMISSIONER HILLER: I'm changing my vote to no. CHAIRMAN COYLE: The minutes -- the minutes, I think, are probably already recorded. If they are -- if they come back -- COMMISSIONER HILLER: I have been told by counsel in the past that I can change my vote after it's cast if it's not a land-use issue. This is not a land-use issue. I'm voting no. Page 198 September 25-26, 2012 COMMISSIONER FIALA: Let me just try to understand what's just even going on here. Okay. So you wanted to recall the paving of the runway, right? COMMISSIONER HILLER: I wanted to have that vote reconsidered by the board as a whole. COMMISSIONER FIALA: From the last meeting? COMMISSIONER HILLER: Uh-huh. COMMISSIONER FIALA: Because we voted to do that. COMMISSIONER HILLER: Uh-huh. COMMISSIONER FIALA: So now what you're saying is because we are -- COMMISSIONER HILLER: And it's not actually the -- well, it's the design work on the paving of the runway. COMMISSIONER FIALA: Right, right, right. And so what you're saying now is you want to recall -- being that the reconsideration isn't passing, you want to -- COMMISSIONER HILLER: I'm changing my vote. COMMISSIONER FIALA: -- change your vote. COMMISSIONER HILLER: On that last issue, which -- COMMISSIONER FIALA: It looks like this is going to be something that occurs. Could you find out legally -- MR. KLATZKOW: Commissioner, I sent you all a memo on this, like, a year and a half ago. I'll resend it. Commissioner, your statement's on the record now as to where you stand on this, but I'll -- COMMISSIONER HILLER: But I can legally do it, correct? I just want a yes-or-no answer. MR. KLATZKOW: With unanimous approval by the board, yes. I will resend my memo. COMMISSIONER HILLER: So the board has to approve my change of my vote? MR. KLATZKOW: Yes. Page 199 September 25-26, 2012 COMMISSIONER HILLER: That's not what you said before when you talked about Commissioner Henning changing his vote. MR. KLATZKOW: Commissioner, I will -- COMMISSIONER HILLER: So are you going to -- so what guidance are you giving us? Are you telling us that now the board has to vote on my change of my vote? MR. KLATZKOW: Commissioner, when you vote, you vote, all right. If you want to make a change in the vote, okay, before the vote is final, you can do it. After the vote's taken, with the support of your fellow commissioners, unanimous support, you can change your vote. What we can't have is a commissioner, on a 3-2 vote, three, four meetings, three, four months, three, four years, changing a vote which changes a result. I will resend the memo that I originally sent out a year, year and a half ago. CHAIRMAN COYLE: Okay. We'll take a look at it. Now, I just want to make sure everybody understands what's going on here. Our runways have been determined to be in slightly poor condition. They need to be resurfaced in Immokalee, and this is according to the Florida Department of Transportation Aviation division. So the FAA has offered a grant of$713,565 to pave the runways and make them safe and keep them from deteriorating. At a prior meeting, we accepted the FAA grant, and we are now moving forward to develop specifications and put out an RFP to get somebody to do the work. And Commissioner Hiller wants us to stop that and, I guess, send the money back to the FAA and do something else. COMMISSIONER HILLER: No, that's -- you're putting words in my mouth. What I'm saying is that -- and the reason I wanted the reconsideration -- and it does seem we're going to have the discussion anyway, notwithstanding there's no discussion on reconsideration -- is Page 200 September 25-26, 2012 because the amount of money that we're asking for does not seem to have been adjusted, notwithstanding that the estimate of the project has been cut in half. So where the project before was estimated at 10 million, that same project now is estimated at 5 million, notwithstanding the engineering costs are staying the same. That doesn't make a whole lot of sense to me, so I feel that, you know, at some point we have to change our representations to the federal government and reflect what's accurate or what's -- or let me say this, a reasonable estimate and not an inflated estimate to induce the federal government to give us more than what we actually need for the project. CHAIRMAN COYLE: Okay. What's the next item? Item #14A1 THE SELECTION COMMITTEE RANKINGS FOR RFP #12-5885 FOR ENGINEERING CONSULTING SERVICES FOR THE DESIGN, PERMITTING AND BID OF IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND EXECUTIVE AIRPORT RUNWAY REHABILITATION AND DIRECT STAFF TO BRING A NEGOTIATED CONTRACT TO THE BOARD FOR SUBSEQUENT APPROVAL — APPROVED MR. OCHS: 14A1 is the related item to this, sir. It's a recommendation to approve the selection committee rankings for RFP #12-5885 for engineering consulting services for the design, permitting, and bid of the Immokalee Regional Airport and Marco Island Executive Airport runway rehabilitation, and direct staff to bring a negotiated contract to the board for subsequent approval. Mr. Curry will present. Page 201 September 25-26, 2012 COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: And this is what item? I missed -- MR. OCHS: 14A1. CHAIRMAN COYLE: 14A, okay. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. A motion to approve by Commissioner Coletta, second by Commissioner Fiala. Is there any discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. The motion carries 3-2 with Commissioners Hiller and Henning dissenting. COMMISSIONER FIALA: I just want to make sure that I understand. With this repaving, it's going to become a safer runway, right? The FAA has stated that it's in very poor shape, and they want to get it resurfaced immediately; is that correct? MR. CURRY: Yes. Chris Curry, Executive Director of the Airport Authority. You have runways at Immokalee which have not had any major work done since the 1940s, and you have the runway at Marco Island that has not had any work done since the 1970s. Generally, asphalt lasts about 20 years and concrete 40 years. So these runways were rated in poor condition by the Florida Department of Transportation and, therefore, we wish to pave them to make them Page 202 September 25-26, 2012 much safer. COMMISSIONER FIALA: Thank you. I saw the pictures within this subject, and I saw all the big cracks and so forth, and I would guess that this is a very important health, safety, welfare issue that we need to move forward with. MR. CURRY: Absolutely. COMMISSIONER FIALA: Thank you. MR. CURRY: Thank you. CHAIRMAN COYLE: Thank you, Chris. County Manager? MR. OCHS: Yes, sir. That takes you to Item -- CHAIRMAN COYLE: You want to go back to 10A -- 10C? Item #10C RESOLUTION 2012-171 : REAPPOINTING NORMA RAMIREZ AND MARIA V. ORTIZ TO THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY COMMITTEE — ADOPTED MR. OCHS: 10C, sir. It's an appointment of members to the Immokalee Beautification MSTU Advisory Committee. COMMISSIONER COLETTA: Motion to approve the committee's recommendation of Norma Ramirez and Myra (sic) Ortiz. CHAIRMAN COYLE: Maria Ortiz. COMMISSIONER FIALA: I'll second that. CHAIRMAN COYLE: Okay. A motion to accept the committee's recommendations for appointment to the MSTU advisory committee in Immokalee -- Immokalee Beautification MSTU Advisory Committee, seconded by Commissioner Fiala. All in favor, please signify by saying aye. Page 203 September 25-26, 2012 COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Item #10D RESOLUTION 2012-172: REAPPOINTING CHRISTIAN DAVIS (IN LOCAL GOVERNMENT JURISDICTION) PATRICIA C. FORTUNE (FOR-PROFIT HOUSING PROVIDER) AND APPOINTING ALAN HAMISCH (LOW-INCOME ADVOCATE WITH THE TERM EXPIRING NOVEMBER 8, 2014) TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE — ADOPTED MR. OCHS: 10D is appointment of members to the Affordable Housing Advisory Committee. COMMISSIONER HENNING: Motion to approve Christian -- reappoint Christian Davis, Patricia Fortune, and Alan Hamisch. CHAIRMAN COYLE: Hamisch, okay. A motion by Commissioner Henning to approve the committee recommendations of Mr. Davis, Ms. Fortune, and Mr. Hamisch. COMMISSIONER FIALA: I'd just like to ask one question. CHAIRMAN COYLE: Okay. A question by Commissioner Fiala. COMMISSIONER FIALA: Are we doing much -- being that we're not really in the affordable housing business anymore, the Page 204 September 25-26, 2012 county, and, you know, we've more or less let this be handled by the community at large and right now we've got quite a bit of affordable housing still on our books, is this committee a functioning committee or -- COMMISSIONER HENNING: It's by statute. COMMISSIONER FIALA: Oh, I see. COMMISSIONER HENNING: I went through the whole thing, Commissioner. COMMISSIONER FIALA: Did you? COMMISSIONER HENNING: Yeah. And I totally agree with you, but it's by statute that we have it. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN COYLE: Okay. That brings us to 10E. COMMISSIONER FIALA: Did we vote? 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: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. Item #10E DECLARING A VACANCY ON THE COLLIER COUNTY PLANNING COMMISSION MR. OCHS: 10E is appointment of member to the Collier Page 205 September 25-26, 2012 County Planning Commission. COMMISSIONER HILLER: I will not be recommending anyone for reappointment at this time, so I'm going to leave the seat vacant. CHAIRMAN COYLE: Okay. So -- COMMISSIONER HILLER: It'll be readvertised. CHAIRMAN COYLE: Okay. All right. COMMISSIONER COLETTA: Don't we -- CHAIRMAN COYLE: You don't get a choice. It must be nominated by the commissioner from that district. So without a nomination from the district -- the commissioner of that district, there's nothing to vote on. COMMISSIONER COLETTA: Okay. CHAIRMAN COYLE: So that takes us to — Item #10F RESOLUTION 2012-173: APPOINTING GARY MCNALLY (NON-TECHNICAL MEMBER) TO THE ENVIRONMENTAL ADVISORY COUNCIL — ADOPTED MR. OCHS: 10F, sir, appointment of member to the Environmental Advisory Committee. COMMISSIONER FIALA: Yeah. I just had a question on this. I was reading through this, and it says -- both of them sound just wonderful, by the way. I don't have any problems with either one. In fact, I met with Patricia Forkan, but it said one member to fill a vacancy in the category of nontechnical, which -- and they both are listed in the category of nontechnical, yet in the applications they both say technical. Does that make a difference? COMMISSIONER HENNING: Technically, yes. Page 206 September 25-26, 2012 CHAIRMAN COYLE: Well, do we have an answer to the question? MR. MITCHELL: Well, at the moment one of the applicants is the alternate on the committee, and he's the alternate on the committee as a technical alternate. When they both applied, I sent it through to the advisory committee, and the staff liaison judged that both were eligible to fill the nontechnical role. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Okay. Well, as much as I would like to -- I would like to nominate Patricia Forkan, but yet I hate to overlook Mr. McNally just because -- has he been to all of the meetings? CHAIRMAN COYLE: Performed all the requested duties as alternate to the counsel. COMMISSIONER FIALA: I hate to turn my back on him, so what I'd like to say is to move Mr. McNally up to the vacant seat but move Patricia Forkan up to his seat, which is the -- what is it? CHAIRMAN COYLE: Technical advisory council alternate. COMMISSIONER FIALA: But he's the alternate. MR. MITCHELL: Right. But the position would have to be advertised. But I mean -- I mean, and, obviously, we would encourage her to apply for that position. But, you know, we're now creating a vacancy, so that vacancy needs to be advertised. COMMISSIONER FIALA: Yes. She was an ideal candidate, and I hate to turn my back on an ideal candidate, but he deserves the right to be in that position. CHAIRMAN COYLE: Okay. A motion by Commissioner Fiala to appoint Gary McNally as the nontechnical member of the Environmental Advisory Council, seconded by Commissioner Henning. Page 207 September 25-26, 2012 All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion is approved unanimously. And I think, Ian, that Commissioner Fiala's intent is to inform Ms. Forkan that we would encourage her to apply for the technical alternate. MR. MITCHELL: I'll take care of that, sir. CHAIRMAN COYLE: Okay. Thank you. Item #10G RESOLUTION 2012-174: APPOINTING COMMISSIONER HILLER AND COMMISSIONER COYLE WITH REMAINING COMMISSIONERS TO SERVE AS ALTERNATES TO THE VALUE ADJUSTMENT BOARD, WITH ONE COMMISSIONER TO ACT AS CHAIRMAN — ADOPTED MR. OCHS: Item 10G is appointment of two Board of County Commissioners to the Value Adjustment Board with one commissioner to act as chairman, the remaining commissioners to serve as alternates. COMMISSIONER FIALA: Oh, I would love to appoint Commissioner Hiller and Commissioner Henning to those positions. If that -- if it would be acceptable. Just to -- if it would be acceptable. COMMISSIONER HENNING: No. Page 208 September 25-26, 2012 COMMISSIONER FIALA: No? Okay. CHAIRMAN COYLE: Okay. I will -- I will second it. COMMISSIONER FIALA: You'll be the other one? CHAIRMAN COYLE: No. I'll second your nomination. COMMISSIONER COLETTA: Yeah, I'll second. I'll do it, but I'd have to come back. COMMISSIONER FIALA: I know. I can't nominate you. Well COMMISSIONER COLETTA: Can't you put it off till Nance comes on? CHAIRMAN COYLE: When do the first -- MR. MITCHELL: No, sir. There's a meeting in October, and it's got to be advertised. And in the -- one of the stipulations in the advertising of the meeting is that you stipulate who the chairman is. Currently that's Commissioner Fiala, but she will not be available for the meeting. The second person on the committee is Commissioner Coletta, and he will not be available for the meeting, so -- CHAIRMAN COYLE: Okay. Let's -- is it the October meeting that we're really concerned about? MR. MITCHELL: It is, sir. Yeah. CHAIRMAN COYLE: When is the next meeting? MR. MITCHELL: I think it will be March. CHAIRMAN COYLE: Put me -- if you want to, put me down there for the alternate -- I mean, for the other -- COMMISSIONER FIALA: I'll nominate Commissioner Hiller as the chairman and you as the -- CHAIRMAN COYLE: Yeah. I'll be the other member -- COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: -- to the Value Adjustment Board. COMMISSIONER FIALA: Okay. It's a motion. CHAIRMAN COYLE: Somebody's got to be there to advise Page 209 September 25-26, 2012 Commissioner Hiller, so I'll -- COMMISSIONER FIALA: Oh, yeah, right. She really needs that. COMMISSIONER HILLER: If you hold my hand through every meeting, I'll feel a lot better. CHAIRMAN COYLE: I won't have any fingers left. COMMISSIONER FIALA: Is there a second on that motion? COMMISSIONER HILLER: Actually, you wouldn't have any blood left, but that's another thing. COMMISSIONER FIALA: Don't act as chairman, Donna. Is there a second? CHAIRMAN COYLE: Yes, there's a second. I'll second it. Okay. All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It's done. Item #10H RESOLUTION 2012-175: APPOINTING COMMISSIONER HENNING TO SERVE ON THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL — ADOPTED MR. OCHS: 10H is a recommendation to appoint a County Commissioner to serve on the Southwest Florida Regional Planning Council. Page 210 September 25-26, 2012 COMMISSIONER HILLER: I make a motion to nominate Tom Henning, Commissioner Henning. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion to nominate Commissioner Henning by Commissioner Hiller, seconded by both Commissioner Fiala and Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. MR. OCHS: Commissioner, the next item is 10J, and it's the review of the performance appraisal for the executive manager of the Board of County Commissioners. I will remind you, you have a 5:05 time-certain to go back to your two remaining items on your Land Development Code revisions. You also have an add-on, 10K, under Board of County Commissioners to speak about another vacancy on the Planning Commission. CHAIRMAN COYLE: Why don't we take a break until about 5:07, then we'll take up the LDC items, okay, and then we will proceed to these remaining items. I would like to stop this agony at 6 o'clock, okay, if it's possible. MR. OCHS: Yes, sir. CHAIRMAN COYLE: And we'll come back tomorrow and finish up. (A brief recess was had.) Page 211 September 25-26, 2012 CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commission meeting is back in session. Can -- we have some residents who have an item that I hope would be very, very quickly disposed of You think we can go to Item 13A very quickly? MR. OCHS: Yes, sir, absolutely. CHAIRMAN COYLE: Okay. Item #13A AN AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFF'S OFFICE TO HAVE TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN THE VALENCIA LAKES SUBDIVISION — APPROVED MR. OCHS: This item was continued from the July 24, 2012, BCC meeting. It's a recommendation to approve and authorize the chairman to sign an agreement authorizing the Collier County Sheriffs Office to have traffic control jurisdiction over the private roads within the Valencia Lakes subdivision. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: A motion to approve. And may I state why? The last time that this item came before us we were not that familiar with it, and we had a couple of people that were raising some objection to it -- not raising objections, just looking for answers. The community has met. They've had a meeting. They understand what's taking place. And from what I understand, there is no opposition, no measurable opposition to this. We have six people here that could speak to us individually, but I do think that we should just go ahead and approve this item and let them get about their business. Page 212 September 25-26, 2012 COMMISSIONER HILLER: Motion to approve. CHAIRMAN COYLE: Is there any objection from anybody here? MR. MITCHELL: Sir, we have a number of speakers registered. CHAIRMAN COYLE: Six speakers? They've all waived. And excellent presentation, Mr. Anderson. You've earned your $1,000 an hour. COMMISSIONER FIALA: But thank you for being here. Had you not been here, we wouldn't have known. MR. MITCHELL: Sir, I've got eight speakers. I've got eight speakers. CHAIRMAN COYLE: You've got eight? MR. MITCHELL: Should I call their names? CHAIRMAN COYLE: Who are the other two? MR. ANDERSON: Me and my partner. CHAIRMAN COYLE: That's it? MR. MITCHELL: Yes. MR. ANDERSON: And I sent him home. CHAIRMAN COYLE: Well, they've waived, too. Okay. You're not charging for him, are you? MR. ANDERSON: (Shakes head.) CHAIRMAN COYLE: A motion by, I think, it was Commissioner Hiller, wasn't it, or Commissioner Coletta? COMMISSIONER HILLER: It was Commissioner Hiller. COMMISSIONER COLETTA: Coletta. CHAIRMAN COYLE: Commissioner Hiller, motion, the second by Commissioner Coletta. COMMISSIONER COLETTA: Fine. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. Page 213 September 25-26, 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. It passes unanimously. And who says government can't be efficient. COMMISSIONER FIALA: Thanks for being here, folks. You make it easy. Item #13B DISCUSS ITEM #11E FROM THE BOARD'S SEPTEMBER 11, 2012 AGENDA REGARDING "WASTEWATER BASIN PROGRAM" CONTRACTS - MOTION TO CONTINUE TO THE OCTOBER 9, 2012 MEETING — APPROVED MR. OCHS: Commissioners, while we're on this area of the agenda, other constitutional officers, you had an Item 13B. On the break Mr. Teach from the County Attorney's Office -- Ms. Kinzel and I have had a discussion. I think we're all in agreement -- and, Crystal, I'll ask you to verify this since this is the clerk's item -- that we would request to move this to the next meeting of October the 9th so we can do a little bit more research on it. MS. KINZEL: We're agreeable to that, Leo, and with one indication that -- just if the contract could be held until then, and I think utilities was okay with that. MR. OCHS: Yeah, no problem. MS. KINZEL: Verify that. MR. OCHS: No work orders will be issued on those contracts Page 214 September 25-26, 2012 until after. CHAIRMAN COYLE: So we need a motion to continue -- MR. OCHS: Yes, sir. COMMISSIONER COLETTA: -- for that item to the meeting on October the 9th. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: A motion to continue by Commissioner Coletta, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion carries unanimously. MR. OCHS: Thank you, sir. COMMISSIONER FIALA: I'm hoping we can go all the way to the end tonight. Maybe we'll get these done real quickly. CHAIRMAN COYLE: Wouldn't that -- no, there's no chance. COMMISSIONER COLETTA: No chance. CHAIRMAN COYLE: There's no chance. Now, what do we have remaining, County Manager? We have the LDC changes, right? Item #11L A HOUSING AND URBAN DEVELOPMENT (HUD) PAYBACK DISBURSEMENT DIRECTIVE OF FEDERAL FUNDS IN THE AMOUNT OF $500,000 FOR A COMMUNITY DEVELOPMENT Page 215 September 25-26, 2012 BLOCK GRANT (CDBG) PROJECT SUB-AWARDED TO HABITAT FOR HUMANITY (HFH) AND ANY NECESSARY BUDGET AMENDMENTS —APPROVED MR. OCHS: Yes, sir. Also if-- as long as we're trying to accommodate some other members of the public, we've had a gentleman from Habitat for Humanity here all day on an item that was moved at Commissioner Hiller's request. I wonder if the board would indulge us to hear that. It was previously Item 16D9 on your agenda, moved to Item 11L. It's a recommendation to comply with a Housing and Urban Development payback disbursement directive of federal funds in the amount of$500,000 for a Community Development Block Grant project sub-awarded to Habitat for Humanity and authorize any necessary budget amendments. This item's moved, as I said, at Commissioner Hiller's request. We can either present, Commissioner, or respond to questions. COMMISSIONER HILLER: Well, I think there needs to be a brief presentation, and then I'd like to highlight some points. COMMISSIONER HENNING: Yeah. We shouldn't take this money back. CHAIRMAN COYLE: Huh? COMMISSIONER HENNING: Let's not take this money back. COMMISSIONER COLETTA: Okay. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: No, I'm sorry. MS. GRANT: Good afternoon. Kim Grant, Interim Director of Housing, Veteran, and Human Services. Very briefly, Commissioners. The Office of Inspector General performed an audit on the Housing and Urban Development organization, and from that there were a number of older projects that Page 216 September 25-26, 2012 had not been completed, not just in our community, but in many others. And one of the projects that was an old project started in 2004/2005 time frame was a grant that was given to Habitat for Humanity. And they did purchase the land, which is what the grant was for; however, they were not able to complete the national objective, which was putting people in the homes. So HUD wrote to us and said that we must pay the funds back. So we contacted Habitat and have been working with them, and they were very gracious and supplied us with a check. We have deposited that and are ready to return the funds. COMMISSIONER HILLER: One of the things that caused me a great deal of concern when I read the executive summary was the facts as to why they couldn't go vertical. And one of-- one fact in particular was what I said this morning -- and I'm going to repeat it on the record for purposes of this discussion -- is that due to the flood maps, that they were unable to move forward with pulling permits. And I would like if the representative from Habitat could explain further what these flood maps meant to them and why they couldn't pull the permits, because I think it's basically a -- you're like a bellwether, if you will, for what might happen with more development in these flood zones, especially in the Immokalee area. MR. KOULORHERAS: Nick Koulorheras, executive vice president of land development for Habitat for Humanity. And thank you for moving this agenda item up. I agreed with your points this morning with Mr. Casalanguida and with you, Commissioner. Habitat for Humanity could have proceeded with the project; however, with the uncertainty of those flood maps -- and, you know, besides the upfront cost of what that could do to the development, Habitat's major concern is the end-user. You know, our families are low-income families, and if their Page 217 September 25-26, 2012 flood insurance goes from zero or $100 a year up to some other number greater than that, that becomes an economic burden on them. And so that's why we made the cost analysis and the decision we're not going to move forward at this time until we have all the data needed. Consequently, because we couldn't move forward, we started another community. So we will build this community in Immokalee one day. It is our long-range plan; however, we're going to finish another community we started. It doesn't make sense to have multiple communities going, you know, in one small demographic, so we're going to build to the need. COMMISSIONER HILLER: And when you were doing your financial analysis, did you notice a change in your construction costs as a consequence of the zoning that that land that you acquired was going to be placed in? MR. KOULORHERAS: Yes. Well, our concern was, obviously, elevation -- COMMISSIONER HILLER: Right. MR. KOULORHERAS: -- for FEMA, and when you're dealing -- this one tract is 100 acres. And we were originally, back in '05, '06 when the planning came for this, we were looking at inches difference. But inches over 100 acres adds up to quite a bit of money. And it was determined that it was just too risky at that point in time with uncertainty. You know, we had meetings long ago saying we could go forth, put in infrastructure. But, once again, you know, we're good stewards of donor dollars, and we want to make sure we do everything right. COMMISSIONER HILLER: And then on the back side with respect to your potential purchasers, the problem there is with insurance costs being higher and then being either low or moderate-income families, they would then not qualify for mortgages Page 218 September 25-26, 2012 because their total overhead would be larger than what you had anticipated? MR. KOULORHERAS: Well, we're our own bank, so -- COMMISSIONER HILLER: But you -- you still have to qualify, because when you sell your loan -- so to the extent that, you know, you're basically -- you're your own bank to a degree because, I mean, you're underwriting for the benefit of some other ultimate end purchaser of your mortgage pool. MR. KOULORHERAS: Yes. But you make an excellent point, though. Yeah, that's all considered background. We set house pricing. We look at -- for better, for worse, most of the families we cater to live paycheck to paycheck, and we look at those ratios. COMMISSIONER HILLER: Yeah. Well, as you progress, what I would really appreciate, if you come back and let the board know when you can't proceed as a function of this flood issue, because I do see it as a potential moratorium, direct or indirect, on the development industry. And you're the first example that I came across when I was looking at these maps. MR. KOULORHERAS: Well, thank you. And I appreciate the concern. You know, it was always our intention -- we went forth with that community as strong and as fast as we possibly could have. We invested a great deal of time, effort, and money into that community. So we will build there one day. It's just -- the timing is not right, right now. COMMISSIONER HILLER: It has to be cost effective. MR. KOULORHERAS: Yeah, absolutely. COMMISSIONER HILLER: Otherwise, it doesn't work. MR. KOULORHERAS: Thank you for the opportunity, though. COMMISSIONER HILLER: Especially there. Thank you. CHAIRMAN COYLE: Okay. Is there a motion? Commissioner Fiala, go ahead. Page 219 September 25-26, 2012 COMMISSIONER FIALA: I just had a question. In it, it also says the next RFP will be announced shortly. Are you going to build there again; is that what it means, the next RFP? MR. KOULORHERAS: I should let the housing department -- we're not building our -- it's not scheduled to build Kikossa (phonetic) any time in the near future, Commissioner. But I should let the housing department answer about the RFP. MS. GRANT: One of the good-news items about this is that these funds will be re-available for use in Collier County. So we will be providing the typical round of applications for people to submit to use these funds. COMMISSIONER FIALA: So this goes back into, what, CDBG funds? MS. GRANT: Correct. COMMISSIONER FIALA: So, in other words, those could be used -- because we're not in the housing business anymore, we could use those for other things within the community like a community center, right? MS. GRANT: They could certainly be used for CDBG-eligible activity, and we would be bringing -- once we go through the competitive round, we'd be bringing those agreements to the board, and you would make the final determination as to what -- which projects would get funded. COMMISSIONER HILLER: Are you thinking about your project in -- COMMISSIONER FIALA: Yes, I am. COMMISSIONER HILLER: Because, I mean, that -- COMMISSIONER FIALA: Because it's mostly Habitat kids that would be in that area. COMMISSIONER HILLER: Well, but -- well, actually, I think Commissioner Fiala makes a good point, because what we did is we Page 220 September 25-26, 2012 did a swap with funding for another project in Immokalee. We took the CDBG funds from that Immokalee project and moved it over, but then we still had to, I believe, come out of the General Fund for part of that park, notwithstanding. So if you move those funds over to this park, then you'll free up the General Fund monies that we had allocated. COMMISSIONER FIALA: As long as it doesn't compromise it, right. MS. GRANT: Well, then what I'll make sure happens is that the park staffs knows that they can submit an application to release for those funds. COMMISSIONER HILLER: Yeah. And, obviously -- yeah, if it has to be competitively bid, then that's definitely the way it has to be procured for that project. MS. GRANT: Right. COMMISSIONER HILLER: Are there any other projects like that out there, or was this the only one? MS. GRANT: This was the only project that fit into this category. There was one other old activity where, if I recall correctly, an appraisal was done 12 years ago or 10 years ago for $780, and the project did not go through. So we're in the process of returning that. But this is the only item of size. COMMISSIONER HILLER: But there are other projects in Immokalee, aren't there, like Esperanza, that are receiving CDBG funds, aren't there? MS. GRANT: Oh, yes, I'm sorry; I misunderstood your question. Yes. COMMISSIONER HILLER: Okay. Well, I think those need to be very carefully monitored. CHAIRMAN COYLE: Okay. Do we have a motion? COMMISSIONER HILLER: Motion to approve. Page 221 September 25-26, 2012 CHAIRMAN COYLE: Motion to approve by Commissioner Hiller. Second by? COMMISSIONER HILLER: Thank you -- COMMISSIONER FIALA: Me. CHAIRMAN COYLE: -- Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. MS. GRANT: Thank you. CHAIRMAN COYLE: We have one other possible deviation from our agenda. MR. OCHS: Yes, sir. Item #11H and #12F (Speaker) SPEAKER UNABLE TO ATTEND DAY TWO OF THE MEETING; SPEAKS ON BEHALF OF THE EVALUATION OF THE COUNTY MANAGER AND THE COUNTY ATTORNEY CHAIRMAN COYLE: Mr. Hoppensteadt wanted to make a comment concerning evaluations, appraisals of some of the contract employees for the board. We're not going to get to those until tomorrow. I think they're going to take a while, and so we'll hear those at 9 o'clock tomorrow. But would the board indulge Mr. Hoppensteadt and let him make his comments today, because he can't Page 222 September 25-26, 2012 come back tomorrow? COMMISSIONER HILLER: Absolutely. COMMISSIONER FIALA: He's been here all day. COMMISSIONER HILLER: Yeah. He should have been indulged at 9 o'clock. CHAIRMAN COYLE: Well, he has nothing else to do, so he just likes to hang out here. COMMISSIONER HILLER: Well, this was like a vacation for you; right, Jim? CHAIRMAN COYLE: Yeah, it probably is. COMMISSIONER HILLER: You know, taking a little break. MR. HOPPENSTEADT: Well, today's my birthday. COMMISSIONER HILLER: Happy Birthday. Oh, my God. That's great. CHAIRMAN COYLE: Are you 39? MR. HOPPENSTEADT: That's exactly right. COMMISSIONER HILLER: Congratulations. Wow. And you spent the day here? MR. HOPPENSTEADT: And I spent the day here. COMMISSIONER HILLER: Wow. MR. HOPPENSTEADT: Well, this is an important item for me. First of all, I want to thank the commission for passing the emergency order for facilities down there. We greatly appreciate it, and we will monitor that closely. For the record, my name is Jim Hoppensteadt. I'm the president and CEO of the Pelican Bay Foundation. This committee will know I've also served as -- on your Productivity Committee, I've served on the board of the chamber, I've served on the board -- currently serve on the board of Leadership Collier, and am currently the chair and on the board of the Education Foundation. All of those roles have allowed me the opportunity -- well, most Page 223 September 25-26, 2012 of those roles have allowed me the opportunity, personally, to interact with Jeff Klatzkow and Leo Ochs. And noticing their item on the agenda, it would be a disservice to them not to come up and express to you what great professionalism, integrity, dedication, and accountability that these two gentlemen have brought to their jobs. Obviously, the paper has made note of the issue that Commissioner Hiller has brought up. These two gentlemen have done an excellent job this past year. Certainly in the case of Leo, four out of the five commissioners have recommended -- recognized his accomplishments as exceeding expectations. We all know that there are political issues that you guys grapple with, and you're not always going to see eye to eye. Please, please, please don't make your staff a political issue. There are morale issues that you should know about. Keeping the leadership in place, supporting them is very, very important to your staff, and I would urge you to do so. Thank you. CHAIRMAN COYLE: Thank you, Jim. Okay. Let's get to land development. Item #9B — Continued from earlier in the day MR. OCHS: Commissioner, this takes us back to 9B, which is a 5:05 hearing on the Bayshore Triangle's CRA amendments and the wellfield amendments. COMMISSIONER HENNING: These are the same amendments we heard previously? MS. CILEK: Yes, Commissioner. CHAIRMAN COYLE: Those two. Page 224 September 25-26, 2012 COMMISSIONER HENNING: I'll make a motion if there's no public speakers. MR. MITCHELL: Sir, there are no public speakers. COMMISSIONER HENNING: Motion to approve the balance of the LDC amendments. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Henning to approve the remaining LDC items, seconded by Commissioner Fiala. Do you have a comment, Commissioner Hiller? COMMISSIONER HILLER: I do. CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER HILLER: I had the opportunity to meet with Mr. Vanasse and our new interim director of the CRA. And in reviewing the wording of what was proposed in the amendment, I would say that it rises to the level of a takings, regulatory takings. The section specifically -- can you help me, Patrick? Which -- I don't -- I believe it was -- it's the nonconforming provisions. And not only after our discussion -- it's on Page 81 and 82. But not only -- not only is this nonconforming section -- COMMISSIONER FIALA: It's nonconforming lots? COMMISSIONER HILLER: Yeah, the nonconforming provisions. It's definitely challengeable. And this also took us back to 9.03.01, which also appears to have issues that would rise to the level of a regulatory takings. So on the basis of that, Commissioner Henning -- let me make it easy for you. Let me send you the pages. I'll just pass them down. COMMISSIONER HENNING: Yeah, because it's hard to get in. COMMISSIONER HILLER: It's really -- and what Mr. Vanasse and I discussed -- here it is. And it's very, very important. He was very kind. He -- here, you can pass this down. And everybody else is Page 225 September 25-26, 2012 welcome to look at it also. He gave me a great deal of information to review, and I have a file on nonconformities. But, in short, what's being proposed in both sections of the code and what Mr. Vanasse's intent was was to basically not make it as onerous as our general provision is within this particular component for the Bayshore CRA, notwithstanding the problem remains that the way both sections of the code are handling nonconformities, I see as a major problem. So I was not able to support what was being proposed. And Mr. Vanasse understood my concerns and appreciated where I was coming from. I really think both those sections need to be revisited in whole. MR. VANASSE: If I may, I'd like to clarify certain things. Patrick Vanasse for the record. Jean and I did meet with Commissioner Hiller. We were asked to provide some background information on nonconformities. I did a literature search. I -- as a planner also, I am part of the AICP certification and have access to a planning service that can provide you background information. I did a review of the literature. And what I'd like to clarify, though, is, yes, we did discuss nonconformities. My opinion of the literature that I read is that we are doing nothing that constitutes a taking and that we are not affecting people's property rights in any negative way. Could some of the language that's in the existing code be improved upon? I would agree to that. And I think there's been discussion already with these LDC amendments that it could be revisited at a later date, but I am not of the opinion that this affects people in any negative way. CHAIRMAN COYLE: County Manager, what is your position? Page 226 September 25-26, 2012 COMMISSIONER HILLER: County Attorney? CHAIRMAN COYLE: Or County -- whatever. COMMISSIONER FIALA: Whoever's sitting in that chair over there, right? MR. KLATZKOW: Jeff is fine, too. CHAIRMAN COYLE: Yeah, okay. MR. KLATZKOW: I haven't looked at the issue. Commissioner Hiller may be raising an issue I don't know. I'd be happy to look at the issue. And if we concur with Commissioner Hiller, we'll come back to this board; otherwise -- CHAIRMAN COYLE: Well, didn't we have some members of your staff review this, though? MR. KLATZKOW: Commissioners, this has been vetted for a long period of time. We're comfortable with it. Commissioner Hiller raises a specific issue on a specific provision. I haven't had a chance to look at this. I'm more than willing to give Commissioner Hiller the benefit of the doubt and take a look at this issue. And if we concur with her analysis, we'll come back to the board, and -- CHAIRMAN COYLE: So what are you saying we do with this? MR. KLATZKOW: I think you could adopt it, quite frankly, and I can come back to the board if there's an issue, and we can fix it. COMMISSIONER HENNING: Well, why can't we just remove MR. KLATZKOW: I mean, I'm not even sure what page we're on. I don't have what you have. COMMISSIONER HENNING: Yeah. Why don't we just continue on. COMMISSIONER FIALA: This one is 81, and in the bigger one it's -- COMMISSIONER HENNING: Oh, H1 . Page 227 September 25-26, 2012 MR. VANASSE: If I may, I think the concern from Commissioner Hiller -- and she can jump in if I'm not paraphrasing the right way. The concern is really with the existing nonconformities provisions in the Land Development Code, not in the Bayshore/Gateway overlay. COMMISSIONER HILLER: I was concerned with both, because in the Land Development Code it has certain -- it's imposing certain requirements on these nonconforming properties that cannot be imposed on them because there's no justification to impose those requirements on them. You know, to the extent that they're not doing anything to change their property, we can't force them to do things that -- just because. I mean, we basically cannot regulate blight. MR. VANASSE: But these nonconform -- COMMISSIONER HILLER: Like, we can't take blight. MR. VANASSE: These regulations that currently exist have been vetted through the process. At some point the county commissioners approved that language. It was reviewed by the county attorney, I'm sure, at that point. It had to go through a formal approval process. It's been on the books for years. So right now, essentially, we're guilty by association because somehow we refer back to that section. COMMISSIONER HILLER: I think that these regulations have the potential effect of a regulatory takings, and I can't support it. COMMISSIONER FIALA: May I step in and say -- CHAIRMAN COYLE: Yes. Go ahead, Commissioner Fiala. COMMISSIONER FIALA: -- on this particular -- it's a CRA. There's a difference between your neighborhood, my neighborhood, and a CRA. The CRA is established only in areas where there's slum, blight, and crime. And so there's got to be a way to get rid of some of the slum, blight, and crime. Page 228 September 25-26, 2012 I can only tell you personally how I've been involved with Bayshore and watched what's happened as the crime rate went down, as we approached people that own slums, offer to pay them a fair and legitimate price. Sometimes we've had to contact them while they're in jail, but we've bought them anyway. That is the truth, right? I'm not -- I'm not saying anything that isn't true. But we've bought them anyway, and the places were in such, I'm sorry to say, disgusting condition we had to just haul them away to the landfill. They weren't safe for human beings to live in. What happened was the crime dropped, what was it, 30 percent or 33 percent when we hauled away MS. JOURDAN: Actually, it was -- for the record, Jean Jourdan, interim director of CRA. Actually 50 percent. COMMISSIONER FIALA: Fifty percent. Fifty percent the crime went down when we were able to get rid of the blight and the slums, and that's a great thing. You can't help a community unless you have the tools with which to do it. Now, I'm talking just this CRA. I'm talking about CRAs in general. The reason they're established is to get rid of them. They're not doing -- they're not doing the work they're designed to do unless they have the ability to go in and -- not clear people out without paying for it. But, you know, pay for the lots at a fair price and move forward. So I am totally behind this. COMMISSIONER HILLER: Well, I mean, you know -- CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HILLER: Sony. COMMISSIONER HENNING: What does blight and slums have to do with nonconforming structures or lots? COMMISSIONER HILLER: Nothing. COMMISSIONER FIALA: It doesn't have anything to do with it. Page 229 September 25-26, 2012 COMMISSIONER HENNING: We're getting close to six clock, and I'd like to get some work done. If we could stay on the topic, I would appreciate it. COMMISSIONER FIALA: Well, it was exactly that, though. These nonconforming lots are in a slum and blighted area is what my point is. CHAIRMAN COYLE: Okay. Let's call the motion. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any oppose the motion? COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. The motion fails 3-2 with Commissioner Hiller and Henning dissenting. COMMISSIONER FIALA: I'm sorry. We're going to have to keep the slum and blights, but thank you everyone. I appreciate it. COMMISSIONER HENNING: Again, it doesn't have anything to do with it. CHAIRMAN COYLE: Well, that's why it's improved, right? COMMISSIONER FIALA: I'm sorry, folks. Some of us tried to help. CHAIRMAN COYLE: Yep. Now the -- does that item fail? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Yes, okay. It failed 3-2 because Hiller and Henning objected to it. Okay. MS. CILEK: We do have one item left on the agenda, and that is the wellfield amendments. COMMISSIONER HENNING: Motion to approve. COMMISSIONER HILLER: Second. Page 230 September 25-26, 2012 CHAIRMAN COYLE: Motion to approve by Commissioner Henning -- COMMISSIONER FIALA: So that means all of the Bayshore amendments to this Land Development Code have failed; is that correct? MR. VANASSE: Can we interject? COMMISSIONER HILLER: Yep. COMMISSIONER HENNING: Can we do this motion? MR. VANASSE: The answer to your question is yes, and we'd like the board to reconsider. If there's an issue with the nonconformity section, to still approve the overlays and revisit those nonconformities at a later date. COMMISSIONER HENNING: And that's what I was going to suggest; however, we got off the track of something else, and then the motion was called, so -- COMMISSIONER HILLER: I really -- COMMISSIONER HENNING: I'm okay with that. COMMISSIONER HILLER: Yeah. My concern is that -- having identified this and having met to just address this issue, I feel I need to go back to be sure that the balance of what is in there doesn't have the unintended consequence of doing the same. So I can't support it because right now I just don't feel comfortable. COMMISSIONER COLETTA: Could we have a motion to reconsider? CHAIRMAN COYLE: Okay. Motion to reconsider by Commissioner Coletta. MR. KLATZKOW: You can't. COMMISSIONER COLETTA: I was in the majority. MR. KLATZKOW: No, no, no. But it's 3-2. The only members who can reconsider are Commissioner Hiller and Commissioner Henning. Page 231 September 25-26, 2012 COMMISSIONER COLETTA: I didn't think you were going to catch it. I thought I'd try it anyways. MR. KLATZKOW: Well, it's late, but it's not that late. COMMISSIONER COLETTA: Okay. CHAIRMAN COYLE: Okay. All right. Just another failure to take action to help our community. COMMISSIONER FIALA: I'm so sorry. I'm sorry. I was trying to help. MS. JOURDAN: I think Commissioner Henning wants to speak. COMMISSIONER HENNING: See, they want to ignore me. They want to talk about something else that has nothing to do with -- on the agenda, can you stay on the agenda? Can you? COMMISSIONER FIALA: Well, yes, I can. COMMISSIONER HENNING: Well, good. COMMISSIONER FIALA: Thank you. I'm sorry, I don't usually raise my voice, but a little sarcasm has to get some voice raising in here. COMMISSIONER HENNING: Well, it just flows much better, and there's -- everybody understands if we just stick to it. COMMISSIONER FIALA: Okay. Go ahead. COMMISSIONER HENNING: So I'm going to make a motion to reconsider. CHAIRMAN COYLE: Is there a second? COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. A motion to reconsider by Commissioner Henning, second by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. Page 232 September 25-26, 2012 CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. MS. JOURDAN: Thank you very much. CHAIRMAN COYLE: Okay. It passes, but it's opposed by Commissioner Hiller. MR. KLATZKOW: Well, do you want to consider it now, or do you want to continue it? COMMISSIONER HENNING: Yes, I want -- CHAIRMAN COYLE: All right. COMMISSIONER HENNING: -- to consider a motion to accept the balances of the Bayshore CRA LDC amendments except for nonconformities. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Can you do that? MS. JOURDAN: Yes. I just wanted to make it clear that what this -- what this does -- our provisions for the nonconformities actually were more flexible than what's allowed in the LDC, so now it will revert to the LDC, the nonconformities, which will be less flexible than what we proposed. COMMISSIONER HENNING: Well, it sounds like it all needs to be fixed, so let's do it all at once, and we can give that direction another time. CHAIRMAN COYLE: So if you remove all of the nonconformity provisions here, you're merely reverting to the existing LDC -- MS. JOURDAN: Correct -- CHAIRMAN COYLE: -- with respect to nonconformities -- MS. JOURDAN: -- and we can live with that. CHAIRMAN COYLE: -- which gives you sufficient control but not as much flexibility. MS. JOURDAN: Correct. Page 233 September 25-26, 2012 CHAIRMAN COYLE: Do I have that right? MS. JOURDAN: You have that right. CHAIRMAN COYLE: Okay. Then let's call the question. All in favor -- COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: -- please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: And any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: It's Commissioner Hiller opposed again. MS. JOURDAN: Thank you. CHAIRMAN COYLE: So this time it passed. Okay. COMMISSIONER HENNING: Motion to approve the wellfields. CHAIRMAN COYLE: We already did that, didn't we? COMMISSIONER FIALA: No. MR. OCHS: No, no, sir. MS. CILEK: We need a second. COMMISSIONER FIALA: I already seconded it. You're a third. CHAIRMAN COYLE: Okay. Motion to approve the wellfields by Commissioner Henning, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It passes. Page 234 September 25-26, 2012 MS. CILEK: Thank you for your time. CHAIRMAN COYLE: Now, it -- why don't we just hold everything else until tomorrow morning at 9 o'clock, County Manager? MR. OCHS: Pleasure of the board, sir. COMMISSIONER COLETTA: Is there anything pressing? CHAIRMAN COYLE: There's nothing pressing, is there? Nothing somebody's waiting for? COMMISSIONER FIALA: We've still got some time. It would be good if we could at least get a few more done so -- and it'd be easy. CHAIRMAN COYLE: You can't do the evaluations in that amount of time. You get into what, 11A or B? Item #10K CONSIDERATION OF AN IMPENDING VACANCY ON THE COLLIER COUNTY PLANNING COMMISSION FOR THE DISTRICT 5 REPRESENTATIVE - MOTION TO ADVERTISE THE VACANCY AND BRING BACK AT THE SECOND MEETING IN OCTOBER — APPROVED MR. OCHS: You have one item under 10, sir. I don't know if you want to deal with that. That was the add-on item from Commissioner Coletta on the vacancy on the Planning Commission. Other than that, it's staff items that can be -- CHAIRMAN COYLE: I thought that was handled by the county attorney earlier where he said that that vacancy is vacant, and we'll have to take it up in the second week in October. Didn't we -- didn't we determine that? MR. KLATZKOW: No. It -- it's dependent upon what Commissioner Coletta does at this particular motion -- item. Page 235 September 25-26, 2012 CHAIRMAN COYLE: Okay. I thought you clarified that earlier. But go ahead, Commissioner. COMMISSIONER COLETTA: I'd like to make a motion that we advertise and bring this back the second meeting of October with all the applicants that are interested from District 5. CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta to advertise the vacancy and bring the applicants for consideration in the second meeting in October. COMMISSIONER FIALA: Does that -- I just have a question. I'll second it for the sake of my question. Does that mean we can't just motion to reinstate Mark Strain at this meeting because it's not advertised? MR. KLATZKOW: No. You could, but it's up to Commissioner Coletta. COMMISSIONER FIALA: Oh, okay. CHAIRMAN COYLE: Okay. So, Commissioner Henning? COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: Did you second it? COMMISSIONER FIALA: Uh-huh. CHAIRMAN COYLE: You did second it. Go ahead. COMMISSIONER HENNING: We had a settlement agreement that we reprimanded -- remanded down to the Planning Commission. Two senior members on there is Mark Strain and Brad Schiffer, so we don't have those, and we can't appoint -- reappoint Mark Strain without Commissioner Coletta agreeing to it. MR. KLATZKOW: That's correct, and you cannot reappoint Mr. Schiffer without Commissioner Hiller agreeing to it. CHAIRMAN COYLE: That's right. COMMISSIONER HENNING: Wow. CHAIRMAN COYLE: Yep. COMMISSIONER HENNING: That's going to put a lot of Page 236 September 25-26, 2012 burden, in my opinion, on the Board of County Commissioners and staff, because you're losing -- you're losing a lot. And I guess that's the parting shot for the work that we need to do in the future, because there's going to be a lot of land-use items that are going to get stuck up here. It's just not going to have the good oversight. COMMISSIONER FIALA: Didn't we just give the -- the mining we just gave back to them, too, didn't we, to the Planning Commission? COMMISSIONER HENNING: I don't know. CHAIRMAN COYLE: All of that has nothing to do with the item. Can we stay on point, please? COMMISSIONER COLETTA: Yeah. CHAIRMAN COYLE: So I'll call the question. 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. (No response.) CHAIRMAN COYLE: Okay. The motion passes unanimously. Now, we have 11A and 11B. We've got to come back tomorrow anyway. So you want to stay here -- well, no, we can't do anything in 10 minutes. COMMISSIONER FIALA: Well, unless we just motion. It's pretty short, sweet, and simple on 11A and B, right? CHAIRMAN COYLE: Would you look over there and see how simple it's going to be. COMMISSIONER FIALA: That's just -- COMMISSIONER HILLER: When is the -- when is the shores Page 237 September 25-26, 2012 -- the beaches and shores conference? That's not tomorrow? CHAIRMAN COYLE: It's tomorrow at one o'clock. COMMISSIONER HILLER: Starting at one. Okay. So we have till one o'clock. I have to -- CHAIRMAN COYLE: What do you have? You have something? COMMISSIONER HENNING: She said 11A. Item #1 1 A AGREEMENT #12-5901 FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) AND RELATED SERVICES FOR US41 & SR/CR 951 INTERSECTION IMPROVEMENTS AND SR951 (COLLIER BOULEVARD) 3R IMPROVEMENTS"; TO ATKINS, NORTH AMERICA, INC.: PROJECT NO. 60116, FISCAL IMPACT $1,748,086.25 — APPROVED CHAIRMAN COYLE: 11A. MR. OCHS: Pleasure of the board, sir. Whatever you want to do. CHAIRMAN COYLE: Can you promise me it will be short and sweet? UNIDENTIFIED SPEAKER: Yes, sir. CHAIRMAN COYLE: No. I'm more interested in being short than sweet. MS. MESSAM: Absolutely. As a matter of fact, I have five slides, but -- COMMISSIONER FIALA: Well, listen, I'd like to make a motion to approve. MS. MESSAM: Absolutely. I can just answer questions. COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: Okay. Motion to approve. Page 238 September 25-26, 2012 CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Fiala, second by Commissioner Coletta. Commissioner Henning has his light on. Is it on for a reason? COMMISSIONER HENNING: Yeah, because you didn't turn it off. CHAIRMAN COYLE: Okay. I'll take care of it. COMMISSIONER COLETTA: Charge him for it. Commissioner Hiller? It won't come back on again. COMMISSIONER HILLER: Call the vote. 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. COMMISSIONER FIALA: It was an excellent presentation. MS. MESSAM: Thank you so much. Item #11B A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,381,990.36 TO BONNESS, INC. AND RESERVE 10% ($138,199.04) ON THE PURCHASE ORDER FOR CONTINGENCY, FOR A TOTAL OF $1,520,189.40 FOR ITB #12- 5946 "LASIP OUTFALLS 3 AND 4 CANALS STORMWATER IMPROVEMENTS", PROJECT NO. 51101 — APPROVED COMMISSIONER FIALA: 11B. Page 239 September 25-26, 2012 CHAIRMAN COYLE: All right. Give it a try. MR. OCHS: 11B, it's award of a contract for LASIP Outfalls 3 and 4 canals stormwater improvement project. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HILLER: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Hiller. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. COMMISSIONER FIALA: Thank you for staying all day. MR. OCHS: Commissioners, we have two quick insurance renewal items, both reductions from the prior year, if you want to hear those. CHAIRMAN COYLE: All right. Give them a shot. Item #11F PURCHASE OF GROUP DENTAL INSURANCE THROUGH CIGNA DENTAL PLAN, INC. FOR A TWO YEAR PERIOD EFFECTIVE JANUARY 1, 2013 FOR AN ESTIMATED ANNUAL PREMIUM OF $1,626,697, A REDUCTION OF $103,824 — APPROVED MR. OCHS: Item 11F is a recommendation to approve the Page 240 September 25-26, 2012 purchase of group dental insurance through Cigna Dental plan for a two-year period, effective January 1, 2013, an estimated annual premium $1,626,697, a reduction of$103,824. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Coletta, second by Commissioner Fiala, to approve. 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's approved unanimously. Item #11G THE PURCHASE OF LIABILITY, AUTOMOBILE, WORKERS' COMPENSATION, FLOOD, AIRCRAFT, AIRPORT AND OTHER INSURANCE COVERAGE AND SERVICES FOR FY 2013 IN THE ANNUAL AMOUNT OF $1,325,228, A REDUCTION OF $37,923 — APPROVED MR. OCHS: 11G is a recommendation to approve purchase of liability, automobile workers' compensation, flood, aircraft, airport, and other insurance coverages and services for FY2013, annual amount of 1,325,228, a reduction of$37,923. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Motion to approve that one. Page 241 September 25-26, 2012 CHAIRMAN COYLE: Motion to approve by Commissioner Fiala. Second by who? I'll second it. 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.) COMMISSIONER FIALA: Hey, you did some great work in here, Jeff. Thank you very much. MR. WALKER: Thank you very much. CHAIRMAN COYLE: All right. Item #1 1 J A SCHEDULE TO REVIEW PAST STAFF CLARIFICATIONS OF THE LAND DEVELOPMENT CODE (LDC) AND ACCEPT SPECIFIC STAFF CLARIFICATIONS ATTACHED TO THIS EXECUTIVE SUMMARY - MOTION TO REMAND BACK TO THE CCPC FOR REVIEW — APPROVED MR. OCHS: I don't know how much time we need to talk about the staff clarification on LDC items. Probably -- COMMISSIONER HILLER: Well, my recommendation that it be presented to the Planning Commission and then be brought forward. I mean, these are -- you know, these are our LDC issues, and I don't think that the Planning Commission's input should be bypassed on them. Page 242 September 25-26, 2012 So my suggestion was just to remand it back to the Planning Commission and then bring it forward at a later date after they've reviewed it. MR. OCHS: May we give a little -- just a two-minute backgrounder on this, sir? CHAIRMAN COYLE: You may if you like. MR. CASALANGUIDA: Keep it quick, Commissioners. For the record, Mr. Casalanguida. Commissioner Henning actually brought up a good point, when we were discussing staff clarifications before, to bring it back. Because we had a couple that were in conflict with some that were prior. So the discussion was, at the board, if we brought them forward in a schedule, maybe offer the board -- maybe if we keep them on the board schedule and if you see anything that you don't like or are a little curious about sending to the Planning Commission, we can go both ways. But it will add some time if we go to the Planning Commission with all of these and then come back to the board. Some of these are pretty clear. If you have a question about it, we could always send to the Planning Commission for discussion, but we'll go either way. CHAIRMAN COYLE: Send them all back. COMMISSIONER FIALA: Let me put his button back on. CHAIRMAN COYLE: You have a motion. COMMISSIONER HILLER: High testosterone. High testosterone, is that the word? I forget what they apply to men who are very aggressive. COMMISSIONER HENNING: Yeah. MR. CASALANGUIDA: Tired. CHAIRMAN COYLE: Do you have a motion to send them all to the -- COMMISSIONER HILLER: Yeah. Page 243 September 25-26, 2012 CHAIRMAN COYLE: Okay. I'll second it. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Yeah. I just want to clarify our discussion. Nick Casalanguida said that it would be his recommendations just to send the ones back that any commissioner had objections to. It wasn't what I said. CHAIRMAN COYLE: Yeah, I understand. COMMISSIONER HENNING: I didn't say that. CHAIRMAN COYLE: It's what I said. I've got concerns with all of them. I just think it's unacceptable. COMMISSIONER HILLER: Okay. 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. Item #11K RESOLUTION 2012-176: CONTINUE THE FISCAL YEAR 2012 PAY AND CLASSIFICATION PLAN FOR THE BOARD OF COUNTY COMMISSIONERS AND OFFICE OF THE COUNTY ATTORNEY INTO FISCAL YEAR 2013, ALLOWING FOR FINAL REVISIONS TO THE PROPOSED FISCAL YEAR 2013 Page 244 September 25-26, 2012 PLAN WHICH WILL BE BROUGHT FORWARD FOR CONSIDERATION AT THE BOARD MEETING OF OCTOBER 9, 2012 — ADOPTED MR. OCHS: Commissioners, 11K was add-on agenda item. It's a recommendation to continue the current Fiscal Year '12 pay and classification plan to your next board meeting of October 9th. Staff request. COMMISSIONER HILLER: Can you explain that? MR. OCHS: Yes, ma'am. Each year we bring an annual pay and classification plan to the board. Because it is -- the current year's plan was listed as an FY plan for 2012 in discussions with the Clerk's Office, they indicated that it -- it will technically -- I guess, technically expire at the end of this month. And the new pay plan for the following year will not come for the county attorney or the county manager till your next board meeting, which, obviously, is nine days into the new year. So in order to allow people to get their next paycheck, under the current pay plan we've got to -- we're told we have to extend the current plan for nine days. COMMISSIONER HILLER: Oh, I see, okay. I just want to comment on the raises that you're giving. You're giving everyone a 3 percent raise? MR. OCHS: No, ma'am. The board authorized a 2 percent general wage adjustment as part of your adopted 2013 budget. COMMISSIONER HILLER: Yeah. How is that going to affect the constitutionals? Are they going to get the same 2 percent increase? Like, is the Sheriffs Office going to get it and the tax collector and the other constitutionals? MR. OCHS: Typically, that's up to the constitutional officer, ma'am. I can poll them for you, if you'd like. Page 245 September 25-26, 2012 COMMISSIONER HILLER: I'd like to know what they're going todo -- MR. OCHS: Okay. COMMISSIONER HILLER: -- because I'm really concerned that -- you know, I don't see how we, where we control their budgets, can give our staff raises, but then the constitutionals are not given enough money where they get raises. COMMISSIONER FIALA: Have we ever said no to them, by the way? MR. OCHS: No. I don't know what their plan is. That's why I have to check with them. COMMISSIONER HILLER: Okay. I'd like to know, and I really think that -- you know, that they should be -- whatever we get they should get. MR. OCHS: Yeah, I agree. Especially when it comes to the insurance, too. We've had that discussion. There's a lot of money that's going over there. COMMISSIONER FIALA: That's right. CHAIRMAN COYLE: Yeah. COMMISSIONER FIALA: What's fair is fair. CHAIRMAN COYLE: Yeah. MR. OCHS: Okay. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: And then, of course, the question is if any of it is financially feasible, which has to be evaluated. CHAIRMAN COYLE: Let's get to the issue here. Is there a motion? COMMISSIONER HILLER: Make a motion. COMMISSIONER HENNING: Motion to continue. COMMISSIONER HILLER: Second. CHAIRMAN COYLE: Okay. To continue it till October the Page 246 September 25-26, 2012 9th. MR. OCHS: Yes. CHAIRMAN COYLE: Okay. Motion to continue by Commissioner Henning, second by -- who was it, Commissioner Hiller? COMMISSIONER HILLER: Me, yep. CHAIRMAN COYLE: Okay. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It's been continued. MR. OCHS: Thank you, Commissioners. CHAIRMAN COYLE: Okay. MR. OCHS: I believe that concludes everything except the evaluation items. CHAIRMAN COYLE: All right. We'll start those at 9 o'clock tomorrow morning. MR. OCHS: Yes, sir. CHAIRMAN COYLE: And hopefully finish them up before the end of the day. COMMISSIONER FIALA: Hopefully finish them up by 11 o'clock. CHAIRMAN COYLE: We are adjourned. Page 247 September 25-26, 2012 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:57 p.m. TRANSCRIPT OF THE CONTINUED MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida September 25-26, 2012 (Day 2) LET IT BE REMEMBERED, that the Collier County Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in CONTINUED REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta Page 248 September 25-26, 2012 Donna Fiala Tom Henning Georgia Hiller ALSO PRESENT: Jeffrey Klatzkow, County Attorney Leo E. Ochs, Jr., County Manager Ian Mitchell, Executive Manager to BCC Crystal Kinzel, Office of the Clerk of Courts Page 249 September 25-26, 2012 MR. SHEFFIELD: Mr. Chair, you have a live mic. CHAIRMAN COYLE: Okay, thank you. Board of County Commission meeting is back in session. County Manager, I believe we finished everything up yesterday except the evaluations of the three contract employees to the board; is that true? MR. OCHS: Yes, sir, everything but the commission and staff communications at the end of the meeting. But other than that, just the appointment — Item #10J THE ANNUAL PERFORMANCE APPRAISAL OF THE EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS - MOTION TO DIRECT COUNTY ATTORNEY TO FIND A RESOLUTION TO MR. MITCHELL'S REQUEST — APPROVED; MOTION FOR THE COUNTY MANAGER TO BRING BACK SEVERAL OPTIONS FOR CONSIDERATIONS (September 26, 2012) CHAIRMAN COYLE: Okay, all right, then let's start with 10.J MR. OCHS: Yes, sir. CHAIRMAN COYLE: -- which is the Annual Performance Appraisal of the Executive Manager to the Board of County Commissioners, Ian Mitchell. MR. MITCHELL: Mr. Chairman, could I read a document into record? CHAIRMAN COYLE: Yes, you may. Go ahead. MR. MITCHELL: "Commissioners, after considerable thought and deliberation, I find myself having to ask you to make an important Page 250 September 25-26, 2012 and profound choice. I've concluded that my role as manager of the Board of County Commissioners has become untenable and I am unable to perform my duties unless the Commissioners agree to fundamental process changes. The well-publicized disagreement between commissioners and the unnecessary scrutiny of the county employees who diligently strive to support the work of the elected members has not only significantly undermined the morale of these employees but also resulted in substantial distraction to their work which is neither in the best interest of elected representatives nor the constituents that they represent. On this occasion I will choose not to speak on their collective behalf but simply advise you that I as the manager of the Board will not continue to be denigrated by certain commissioners as they strive to score political points over one another. You were elected to this office to not only represent your constituents but also to work collectively for the betterment of Collier County and its residents. It is a solemn duty that I personally believe several of you have failed. I will not name individuals but instead ask you to collectively agree that the management of the Board rests solely with the appointed manager. The aids that form this office need to serve the greater good of the constituencies that you represent and not the individual agendas of the Commissioners. The manager must ensure the good governance of this principle and have the authority to bring to task with the support of the County Attorney commissioners who seek to use their elected positions to pursue personal agendas that abuse the dignity of county personnel and result in the frivolous use of taxpayer money and resources. If you are willing to adapt to principle of good governance in terms of the board management, I'm willing to dedicate myself and my energies to ensure that this objective is achieved and maintained. If Page 251 September 25-26, 2012 you find this principle unacceptable, I ask you to terminate my position. This is a choice that I ask you to make today." CHAIRMAN COYLE: Okay, were these lights on -- left on from yesterday or did they come on this morning? COMMISSIONER COLETTA: Mine came on this morning. CHAIRMAN COYLE: Commission Henning, was yours -- COMMISSIONER HILLER: Mine is from yesterday. CHAIRMAN COYLE: Yesterday. Commissioner Henning? COMMISSIONER HENNING: Mine was from yesterday. CHAIRMAN COYLE: Yesterday? All right, Commissioner Coletta, go ahead. COMMISSIONER COLETTA: Wow. It's right to the point. You know, very few people have been able to speak their mind around here or have been willing to do it. I wonder if there is a possibility for change. You know the school board went through a similar sequence back some years ago, and they had some special sessions to try to knit it back together again. I don't know, that might be an answer. But, I mean, that's less than certain. Your job has been extremely difficult. I've been following what's been taking place for some time. I fully agree with you. It's -- you're in an untenable position that you can't really manage the office when you've got people pulling from five different ways. Totally agree with you. And as far as asking for termination, you've been a tremendous administrator of our office. I greatly appreciate what you did and what you tried to do. And I'm willing to agree, but I hope there's some more discussion to your termination according to the provisions within your contract. Not that I like to see it, and you're going to be a hard person to replace, it's just that I don't see the situation changing. Page 252 September 25-26, 2012 CHAIRMAN COYLE: Yeah, Commissioner Fiala, go ahead. COMMISSIONER FIALA: I'm just stunned. I'm trying to get over it. I've enjoyed working with you and you've worked diligently trying to -- I know we've had very, very low morale in there, and you've tried what you can to bring a little bit of spirit in there and to try and keep people's spirits up. But I just don't know what to say. I'm not saying anything, because I guess I'm stunned, so -- CHAIRMAN COYLE: Okay, Commissioner Hiller? COMMISSIONER HILLER: Jeff, could you comment? MR. KLATZKOW: I'm as surprised as Commissioner Fiala is. I mean, comment -- as a general comment or on a specific matter? COMMISSIONER HILLER: On the legality of the issues with -- I believe that there are personnel issues and I believe you're involved in I guess the issues involving -- I think you've had a county attorney working with the staff and with Ian regarding the issues that are -- MR. KLATZKOW: Well, that's, that's -- and I know what you're talking about, ma'am. That's a collateral issues, I think. COMMISSIONER HILLER: That's a what? MR. KLATZKOW: Collateral issue. COMMISSIONER HILLER: Well, I think that this -- MR. KLATZKOW: The issue presented right now is that I really don't want to talk from. I think he's asking to be fired. Sort of like what David Jackson did. COMMISSIONER HILLER: And under the new statute, if there's a termination, is it at -- it's a voluntary termination, so it's 20 weeks pay? MR. KLATZKOW: Ma'am -- COMMISSIONER HILLER: That's what I believe was awarded to David Jackson. MR. KLATZKOW: Ma'am, I'm going to hear what the Board wants to do and -- Page 253 September 25-26, 2012 COMMISSIONER HILLER: But what is legally permitted? I mean, there's a statute that governs terminations. MR. KLATZKOW: I would have to look at his contract, ma'am. I did not come here today thinking this was going to happen, to be bold. If you can give me five minutes, ma'am. 'Cause -- 'cause really, this is -- I am -- I am a bit stupefied. COMMISSIONER HILLER: Yeah, can you please email a copy of Chapter 215, Section 215.425 to all the commissioners, Jeff, so that they have a copy of the -- MR. KLATZKOW: Are you referring to the -- COMMISSIONER HILLER: It's the -- MR. KLATZKOW: I'm sorry, are you referring to the statute we were talking about earlier? COMMISSIONER HILLER: Yeah, this is the extra compensation claims, prohibited bonuses, severance pay. COMMISSIONER FIALA: Did you know this was coming? COMMISSIONER HILLER: No. I just pulled the law. MR. KLATZKOW: I can put it on -- COMMISSIONER FIALA: I'm so stunned, so I wouldn't have even known to pull anything, myself. COMMISSIONER HILLER: No, No, this -- I had this actually related to another matter. COMMISSIONER FIALA: Oh, I see. COMMISSIONER HILLER: There is -- there is a law that was -- the law with respect to compensation, to termination compensation and bonuses was changed last year in 2011. MR. KLATZKOW: All right -- COMMISSIONER HILLER: And we addressed this when it came to David Jackson's termination, because he wanted like a bonus and then, you know -- so that's how I had this information. MR. KLATZKOW: All right. Mr. Jackson was six weeks, but Page 254 September 25-26, 2012 that was on the particulars of that particular matter. If the board wants, I can put this on the overhead. COMMISSIONER HILLER: Yeah. COMMISSIONER FIALA: Could I ask another question, please? CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: If we acquiesced and said okay, we'll terminate your employment, does that mean like you go now or does that mean you have like a couple weeks to let us try and find somebody to fill your shoes, or what? MR. MITCHELL: I mean, Commissioner, there's no way I want to harm the office. COMMISSIONER FIALA: I know that. MR. MITCHELL: I feel so passionately about the BCC office, and I've really, really tried to change its perspective with regards to the rest of the county and the way that it operates. And there's no way that I would leave those people isolated or -- so I would work a period of time to allow them to work through that. COMMISSIONER HILLER: Commissioner Coyle, may I? CHAIRMAN COYLE: Yes. COMMISSIONER HILLER: Ian, just so you know, in your employment contract, if I have the latest version, or the correct version, it says that if you want to resign, if you give the county 60 days notice, you protect your accrued leave. If you decide to voluntarily resign with less than 60 days notice, you forfeit any payment for accrued leave otherwise due and owing. So that's what the contract says. So I don't know, you know, what your accrued leave is and what your consideration is with respect to that. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Ian, is it your evaluations that Page 255 September 25-26, 2012 prompted you to write this statement? MR. MITCHELL: Sir, I -- in the end the -- I mean, it wasn't the evaluations themselves, it was what happened with the evaluations that was actually, I guess the expression is, the straw that broke the camel's back. This -- this decision has been forming for some time as, you know, I've seen the difficulties that I've been trying to come to terms with. And what I've just read out to you I wrote a few days ago. But in actual fact you would have thought I would have written it as a commentary on the Board meeting yesterday. COMMISSIONER HENNING: Well, Ian, do you realize that you have the opportunity to talk to individual commissioners? And I know this is a difficult discussion in the public. But I've talked to several contract employees in the past and recent present about evaluations. MR. MITCHELL: Sir, my evaluations were good. I mean, right across the board. Because even, you know, initially my evaluation from Commissioner Hiller looked incredibly bad, but we actually -- yesterday she spoke to me and it turned out she was using a different scoring system than I was and what the rest of you did. So when you -- you know, you do the math to change it so that everything's equitable. And in actual fact I got a good evaluation from everybody. And the evaluations in themselves were -- didn't really play a part in this. It was -- I mean, because I got good evaluations, I mean. COMMISSIONER HENNING: Okay. Well, I'm glad we cleared that up. But I always -- I think you have an opportunity to talk to commissioners individually instead of in the public. Because it's -- well, it is what it is. And I know it's embarrassing for everybody. But again, it is what it is. So I'm not going to ask you to step down. However, if you want to resign, I will respect your wishes. Page 256 September 25-26, 2012 CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Well, to kind of cast a positive light on this, is there a way that we can help you and our staff members in that office in order to lift the morale or save your employment so that -- because I think in essence what the bottom line is you're trying to say if we could do a better job, everybody would be a lot happier but I see no way to do it in this mode. I'm interpreting it that way. So maybe there's a way we could work with you -- work with our staff members to make a more harmonious atmosphere. Would that be something that you would consider, if we could do something like that? MR. MITCHELL: I think, Commissioners, it's -- it's the Board. I mean, I just find the work environment untenable I think, so I'm not sure where I could go with that. MR. KLATZKOW: I'm just -- Ian, there's no severance if you leave under these circumstances. I'm going to tell you that right now. MR. MITCHELL: Unless the Board terminates. MR. KLATZKOW: I'm telling you right now, all right? Unless the board wants to make a motion to terminate you, you know, there's no severance walking away. MR. MITCHELL: Right. MR. KLATZKOW: The severance package is six months. The statute refers to contracts that get renegotiated or extended. He's still on his old contract, so it would be a six-month severance package. If the board wants to consider that, I've got the Board approved contract, I could put that on the overhead and you could see what the financial impact would be. But for resignation there's no severance. That's -- CHAIRMAN COYLE: Well, as I understand it, Ian is not resigning. He's asking for us to -- MR. KLATZKOW: I'm just letting him know. Page 257 September 25-26, 2012 CHAIRMAN COYLE: Yes, I understand. I also think Ian has done a wonderful job and this saddens me tremendously. He's done a great job in the office. But there is no question about his concern that this is an untenable work environment. The position he holds is and always has been in my opinion one of the toughest jobs in Collier County government. And maybe it was made worse by a decision that I influenced several years ago to take the management out from under the County Manager's umbrella. Because that would have protected the manager of this department. Because we have the County Manager's ordinance that would in some degree shield the manager from some of the abuse and unnecessary criticisms that he has received from some. But as we see every day, other members of the County Manager's staff are exposed to the same problems. So it wouldn't stop it entirely but it would at least provide some protection. But that places an even larger load on the back of the County Manager. Clearly it would be in the best interest of the taxpayers if the Board would become more sensitive to how their actions and comments and insinuations and allegations impact employee morale. But I quite frankly don't see that that's going to change. And I think that from the standpoint of a termination and payment of termination benefits, I certainly think that Ian is entitled to those kinds of severance pay because he is not responsible for the untenable working environment that has been created here. And he certainly deserves consideration if it's his desire that we terminate him. And I would reluctantly see to his request. But I would prefer that he stay on and hope for a better working environment, but that's not something I can promise. MR. KLATZKOW: Right. CHAIRMAN COYLE: I don't think it's likely to change, quite frankly. Page 258 September 25-26, 2012 Commissioner Coletta? COMMISSIONER COLETTA: Well, I think you pretty well summed it up. And we could discuss this over and over again, and it's not going to take us to any different place than we're at now. I think the whole thing is a simple motion for termination. And the terms of the termination as far as when it would be that the exit would have to be made. Also too, you brought up an interesting point. I think before this Board we need to be able to change it so that the county -- this office is under the County Manager once again totally. I mean, this business of commissioners hiring known aids, firing known aids, delegating what kind of work they're going to do or not do, that's all got to come to an end. Not too long before we became commissioners there was only Sue Filson in the office, and she did everything for all the commissioners. And that was it. And yeah, there was a lot of-- there was some in-fighting and everything, but not like it is today. What's happening is that some of the commissioners have become disillusioned with each other and their aides have joined in on the whole thing, human nature being what it is. I do believe that that's a -- that would be a separate thing that we'd have to do as far as directing the County Manager. But I'm going to make a motion at this point in time, and if somebody wants to weigh in on it, I'm willing to modify it -- MR. KLATZKOW: Before you do that, because this is not clear, I'm going to tell you right now, all right. The way the contract -- and Leo's contract is like this, my contract. The way these contracts are structured says you can fire us with cause and without cause, all right? Ian is on the without cause structure here. But the contracts provide that he's being terminated despite the fact that he is willing and able to perform the duties as executive manager to the Board of Commissioners. And he's telling you here that he's not. Page 259 September 25-26, 2012 You can make this motion, all right, but I don't know that payments can be made by the Clerk. Because this is really not the -- this is really not the intent of the severance. The intent of the severance is, as an example, you get new board members on, they want a different county manager, they want a different county attorney. They could simply say okay, you guys are gone, we want our own people in here. And That's fine. That's the intent of the provision, okay. It's not to come to the board and say I can't work under these conditions. All right? You can make the motion, but I don't know that there's going to be payment made. CHAIRMAN COYLE: Well -- MR. KLATZKOW: I hate to say this, but, you know, I don't want any surprises down the road. COMMISSIONER COLETTA: Well, no, I appreciate the fact that you're bringing this up now. And possibly it has to do with the wording of the motion that would get us there. MR. KLATZKOW: I mean, at the end of the day, Ian, are you willing and able to perform the duties as executive manager to the Board of County Commissioners? MR. MITCHELL: No. MR. KLATZKOW: Then there's no severance. MR. MITCHELL: Well, I'm -- COMMISSIONER COLETTA: It's not severance, it's termination. MR. KLATZKOW: He can be terminated, but he's not willing to do his job now and that's why people quit. MR. MITCHELL: I stated in the statements I made that I was able to do it but not -- if I was going to do that, then it would have to be under extremely different conditions. And as Chairman Coyle has said, he does not anticipate that that is going to happen. CHAIRMAN COYLE: And my interpretation of that, Jeff, Page 260 September 25-26, 2012 would be that this is a situation where an untenable working environment has been created by the Board for the manager. The manager is willing to try if the Board will improve. The Board likely cannot, will not improve. And so given those circumstances, it would appear to be in the public's best interest to terminate the office manager and reorganize the office. COMMISSIONER HENNING: May I make a suggestion, Commissioner? CHAIRMAN COYLE: Well, let me get Jeff s interpretation or reaction to that reasoning. MR. KLATZKOW: Commissioner, I understand what you're saying, all right, but what I'm telling Ian here, okay, is that this is not clearcut, all right? And at the end of the day there's a check and balance in the system with the Clerk. And if he feels that under the terms of the contract he cannot pay, all right, then the dispute's not going to be between the Board of County Commissioners or me and the Clerk, the dispute's going to be with Ian and the Clerk, trying to compel payment. I don't know if Ian has gotten individual counsel on this beforehand, all right, or he's just come here. But I'm saying that this is not clean. And I understand the reasons. I once again want to say, I understand what you're saying, but I'm just letting Ian know that there is this issue out there. CHAIRMAN COYLE: Okay. I'm sorry, Commissioner Henning, go ahead. COMMISSIONER HENNING: What I heard, Ian, is you said under different circumstances that you would love to stay; is that correct? MR. MITCHELL: The environment's just so untenable. And I think, you know, I really don't want to go beyond my statement. COMMISSIONER HENNING: Okay. What I heard in the Page 261 September 25-26, 2012 statement is unless things change. I'm trying to get an opportunity for change by working with individual commissioners, working with the County Attorney's Office, Scott Teach, who is wonderful on, you know, employee relationship, and the HR Department. It's just this is taking me by surprise. And, you know, you and I have been working on issues of late, and I really don't fully understand what's going on here. And again, I think working and communicating with people, maybe we can have what we need to have in the office, as you would wish and perceive very well this is what the public needs also. Just a suggestion. I think instead of, you know, leaving on a note where we're not really sure if there's going to be any compensation for you under this early termination of the contract, I would try to reach out to people to try to make it work. By the way, I think we've got a great staff in the office. And I know this election season was very tough on everybody. But that's over. So I think there's opportunities for improvement. And I hope that you allow it to happen. Because I think you have the gifts to make it happen. Thank you. CHAIRMAN COYLE: Okay, Commissioner Coletta, do you have -- COMMISSIONER COLETTA: Yes, I do. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Yeah, Ian, I'm still there. I know where you're coming from. I don't see any change in the immediate future. We can do all the sweet talking we want to do at this point in time to try to make it go away and it won't go away. I think if you get to the point that you can't get some resolution where you're going to get to where you need to be, this is called a hostile work environment. People sue over these type of things all the day. And instead of the small remittance you're asking for to be able Page 262 September 25-26, 2012 to make an exit with, I'm sure it would cost the county a lot more if you had a good attorney and you came back and wanted to address it in that condition. You would have absolutely no difficulty documenting the fact that this has been a hostile work environment. So I would suggest that this Commission strongly look at the way to be able to terminate his contract in a user friendly way that will keep us away from any types of lawsuits and find out how we can work with it to make the Clerk part of this so that there's no conflict with the whole process. CHAIRMAN COYLE: That seems to be consistent with the intent of the statute which says that payment is -- severance pay could be made if it represents a settlement of an employee dispute. But nevertheless -- COMMISSIONER HILLER: What's that? MR. KLATZKOW: Six weeks. CHAIRMAN COYLE: Yeah, yeah. COMMISSIONER HILLER: What? Six weeks what? MR. KLATZKOW: It was what we did with Mr. Jackson. It was -- termination part of the settlement is six weeks, not six months for termination without cause. CHAIRMAN COYLE: So if Ian were to feel that six weeks was appropriate compensation, that there would be no problem in paying him that amount? MR. KLATZKOW: I don't know. I didn't know there was a dispute until 9:05 today. So, I mean, I don't know what to tell you, sir. CHAIRMAN COYLE: All right. Well, Ian has stated that he would be willing to stay on for a period of time to permit a transition. Can I suggest to the Board that we continue a final decision on this issue, the issue of termination, until we've had the chance to evaluate the benefits of reorganizing the office and perhaps placing it under the control of the County Manager and under the umbrella of Page 263 September 25-26, 2012 the County Manager's Ordinance, and determine what is possible for a fair -- for fair treatment of Ian Mitchell. I see no way that we would benefit by forcing him to continue to work under these difficult circumstances. There certainly is no benefit in subjecting him to those same kinds of pressures on the job just because it suits us. I think we need to find a fair way of dealing with an employee who has served us very well and loyally for a long time. So if I could -- or Commissioner Coletta, if you'd like to -- COMMISSIONER COLETTA: Well, I'm going to ask for some guidance on the motion. But I think what we need to do is to give specific directions to the County Attorney to be able to come back at the next meeting within the parameters that we outlined to be able to fulfill those directions, rather than just end this whole thing now and leave it up in the air. So my motion would be to direct the County Attorney to go over the contract that exists and try and see if that contract fits into what needs to be a fair exit strategy for Mr. Mitchell, to talk to Mr. Mitchell and negotiate a reasonable settlement and bring it back to the Board after we have vetted it through the Clerk's Office or whatever else it takes to get to where we need to be. What else do I need in that, Jeff, to be able to -- MR. KLATZKOW: We'll look at it. I don't know if that's going to be any end result. I don't. You guys want to make the legislative finding that you have a hostile work environment in your offices? I mean, I would not recommend that, I mean. But okay. COMMISSIONER COLETTA: No, wait, Jeff, you're getting a little hostile right now. MR. KLATZKOW: No, because I'm trying to protect you, sir. I have a guy here who wants to get fired and he wants to get paid too. And that's not the way it works. It's not. I mean, this is a big boy job. Page 264 September 25-26, 2012 And, you know, you put up with stuff If you don't like the conditions of employment, you find another job. I mean, I don't know what else to say about this. COMMISSIONER COLETTA: Well, I don't understand what it is that we can't give you directions to follow what the Commission wants you to do. MR. KLATZKOW: Well, no, I'll come back, sir. I just don't see where there's a severance based on a settlement agreement. CHAIRMAN COYLE: Well, how did that happen with David Jackson? MR. KLATZKOW: What happened with David Jackson is for one thing the CRA was crashing as far as an income stream goes. You wanted to get out of that long-term obligation to him. You know, there were other factors, but it was a very different situation. COMMISSIONER COLETTA: Commissioner Coyle? CHAIRMAN COYLE: I will second your motion to direct the County Attorney to bring back to us a recommendation as to what can be done with respect to Mr. Mitchell's request. COMMISSIONER HENNING: I'll support that. CHAIRMAN COYLE: Okay. Is that okay? COMMISSIONER COLETTA: Yeah, that sounds fine. And you got a second from Commissioner Henning. CHAIRMAN COYLE: Well, I don't know, I wasn't making the motion, but I'll make it if that's what you -- I was sort of modifying your motion. COMMISSIONER COLETTA: No, that's fine, I was want to get the motion forward. CHAIRMAN COYLE: Okay. And then I'll say that I made the motion and Commissioner Henning seconded it. All in favor, please signify by saying aye. CHAIRMAN COYLE: Aye. Page 265 September 25-26, 2012 COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, it passes 4-1 with Commissioner Hiller dissenting. Now, can I follow that with a request for Board support to at least explore the possibility of placing this office under the County Manager? I can't imagine the County Manager wants to do it. COMMISSIONER FIALA: He's been shaking his head. His face got red. CHAIRMAN COYLE: It just puts more pressure on him. Which means we're going to have to pay him more. But would that be all right if we asked for at least an assessment of the advantages and disadvantages of doing that? COMMISSIONER COLETTA: I think we're past that point. I think we ought to just do it. It worked before. The reason we brought it under the commission is because we figured that we could do a better job of running it. Guess what, ladies and gentlemen? We failed. It worked well under the County Manager before, and I think we should just give directions to bring it back to us under the County Manager rather than draw this out to 20 steps. COMMISSIONER FIALA: I second the motion. MR. OCHS: Mr. Chairman? CHAIRMAN COYLE: Yes, sir. MR. OCHS: Discussion? CHAIRMAN COYLE: No, it doesn't include you. Go ahead. MR. OCHS: I wondered if I could bring back maybe more than one option for you, including that one, of course. There may be other ways that we haven't really thought about that might work for the Page 266 September 25-26, 2012 Commission, might work for the staff and the office. So I'd just like the flexibility and the latitude, if there's another option that might be feasible or desirable, I'd -- COMMISSIONER COLETTA: Okay, I amend my motion to include that. MR. OCHS: Thank you. COMMISSIONER FIALA: Okay, I'll agree on my second. CHAIRMAN COYLE: Okay. All in favor of the motion to ask the County Manager to bring back several alternatives for our consideration, please signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, it passes unanimously. COMMISSIONER HENNING: Who's next? MR. OCHS: That would be me. COMMISSIONER FIALA: Two down. Item #11H THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER - MOTION TO ACCEPT PERFORMANCE EVALUATION — APPROVED; MOTION TO GIVE A 10% MERIT PAY INCREASE — APPROVED (September 26, 2012) CHAIRMAN COYLE: County Manager is next. I hope you don't have a similar statement. Page 267 September 25-26, 2012 MR. OCHS: No, sir, no, sir. My wife wouldn't appreciate that. Commissioners, Item 11.H is a recommendation to complete the annual performance appraisal for the County Manager. Pursuant to my employment agreement with the Board, the Commission is required to perform an annual assessment of County Manager's performance each September. That performance is based largely on the annual action plan that is developed jointly between the Board and the manager. And this Board approved that action plan approximately a year ago. Also as an aid to the Commissioners in completing their performance review, I have provided a self-assessment earlier this month. I've received the appraisals back from each of the Commissioners. The ratings are on a three-point scale. And based on the scores from the Commissioners, the overall average grade on that one-to-three scale is 2.24. That places me in the upper quartile of the "meets expectations" block of the performance continuum. That performance under the terms of the contract would warrant consideration of a merit adjustment. The contract calls for a range of a minimum of three percent, maximum of 10 percent. And with that, Mr. Chairman, I'm available to answer any questions or discuss any particulars. CHAIRMAN COYLE: Commissioner Fiala, is that your light on? COMMISSIONER FIALA: Yes. You know me, I usually don't score threes, because I just don't. I don't feel anybody is better than perfect. But in your case, I gave you many threes, and that's because you've had to deal with some really tough morale problems amongst our employees, and you've done all you can, and I think you've done a good job at trying to keep morale up, trying to pull people, so many people have wanted to leave the job and you've tried to keep them on board. And I think you've done a yeoman's job. And so I gave you Page 268 September 25-26, 2012 high scores, from the way I score, anyway. And some high praise. Because your job is to oversee all of our employees. And I think you've done a good job. And I think you deserve an increase in pay as well. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I think you summed it up pretty well, Commissioner Fiala. You've done a great job. How you kept your sanity through this whole thing is questionable. And the fact that you seem to keep every commissioner reasonably happy for the most part. Little concerned over the negative scoring you got from one commissioner, but those things happen. And I'm not going to let that detour me from the fact that I support Commissioner Fiala on the fact that you deserve a pay raise. When's the last time you had a pay raise? MR. OCHS: When I took this job, sir, in October of 2009. COMMISSIONER COLETTA: And I know -- I've seen a comparison sheet where you stand compared to other people in similar jobs, and it's below the norm by far. And I think that does not speak well of the County Manager of Collier County who's expected to perform a job that I think has more detail to it than the school board administrator or any number of other public officials out there that are responsible. And I'm going to support it too. I know that's 11.I when it comes up. But thank you so much for the excellent job you did, and it's been a pleasure working with you. MR. OCHS: You're welcome. Thank you, sir. CHAIRMAN COYLE: Yeah, the -- Collier County has struggled through one of the worst economic recessions in our history. And we have begun to emerge from it in surprisingly good condition. All of the essential services are still being performed; we still have a quality of life here that is not diminished. Page 269 September 25-26, 2012 Most of that, if not all of it, is due to you and your staff and the employees of Collier County. Because you were on the front lines making most of the sacrifices. The employees haven't had a salary increase or wage adjustment either in four years. And you've all done it while maintaining a high level of commitment to the job. And that -- when you see that happen in an organization, it's because the key managers of the organization are providing the right kind of leadership and example. I think it is time to recognize that the -- the accomplishments which you and your staff are responsible for and to express our appreciation for what you've done for Collier County and its residents. So I also would like to see a salary increase here. Commissioner Henning? COMMISSIONER HENNING: Well, you have a speaker, I guess. MR. KLATZKOW: We have a public speaker. COMMISSIONER HENNING: The -- yeah, we -- it's been -- like Commissioner Coyle said, it's been difficult. And because of management and employees, we've been able to hold services the way we have. We have a great community. However, the employees are receiving two percent CPI. I want to be consistent and equal. And I had this conversation with Leo. That is the -- that's the only thing I could support. It would send a chilling message, in my opinion, to the county employees if we have a disparity of increases. And hopefully in the future that everybody can get up to the same level that they should be. CHAIRMAN COYLE: Okay. Commissioner Coletta, and then I want to hear from the public speaker. COMMISSIONER COLETTA: Sure. I just want to make mention the fact that we're still dealing with 11.H. And we seem to be getting into a deep discussion which is 11.I. So if we could wrap up Page 270 September 25-26, 2012 11.H and then get to 11.I, I do have some comments I'd like to make. CHAIRMAN COYLE: Are you trying to tell me to stay on point? COMMISSIONER COLETTA: Yes, sir, I am. You're drifting off a little bit. I hope you had breakfast this morning. Maybe that's the problem. CHAIRMAN COYLE: Okay. All right, let's hear from the public speaker. MR. MITCHELL: Well, actually the public speaker wants to speak to 11.I. CHAIRMAN COYLE: Okay. All right. MR. MITCHELL: So I'll second Commissioner Coletta's comments. CHAIRMAN COYLE: Okay. So we're going to vote on acceptance of the annual performance appraisal of the County Manager. COMMISSIONER FIALA: I move to accept the County Manager's appraisal and evaluation. Good enough? COMMISSIONER COLETTA: I second that. CHAIRMAN COYLE: I would second it and vote for the motion if we excluded one Commissioner's evaluation, because I can't accept that. So I would accept the evaluation of Commissioner Coletta, Commissioner Coyle, Commissioner Henning and Commissioner Fiala as reasonable and fair. And I would not accept the evaluation by Commissioner Hiller. COMMISSIONER HENNING: Are we changing the Florida constitution? CHAIRMAN COYLE: I don't know. I'm voting on acceptance of a performance appraisal. COMMISSIONER COLETTA: Of course the record still stands, Page 271 September 25-26, 2012 but I agree with you. In other words, disallow for the abnormally low one. COMMISSIONER FIALA: Commissioner Henning, how does this deal with the Florida constitution? Could you let me know? CHAIRMAN COYLE: It doesn't. COMMISSIONER FIALA: I just want to know. COMMISSIONER HENNING: The Florida citizens have set up local government and defined under Florida statutes, and the Florida statutes said home rule county government is made up of five commissioners to make decisions of the board. MR. OCHS: Commissioners, if I might, I would ask you to accept the appraisals as submitted in the agenda packet, acknowledging your statements and appreciating those. But the process in the contract calls for evaluations from all five commissioners, and I certainly respect that. I hope we can just move on. COMMISSIONER FIALA: You're quite a guy, Leo. CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: Amazing. CHAIRMAN COYLE: Yeah. Okay, all in favor of the motion, please signify by -- COMMISSIONER HENNING: What is the motion, please? CHAIRMAN COYLE: The motion was for acceptance of the performance evaluation of the County Manager. COMMISSIONER HENNING: Thank you. CHAIRMAN COYLE: All in favor, please signify by saying aye. Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Page 272 September 25-26, 2012 COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, it passes unanimously. Go ahead, Commissioner Coletta. COMMISSIONER COLETTA: Okay, 11.I. CHAIRMAN COYLE: All right. COMMISSIONER COLETTA: I'm going to make a motion -- I'm going to explain what my motion's all about too. MR. OCHS: Commissioner Coyle, I'm sorry, did we end the discussion on the merit question, is that -- COMMISSIONER COLETTA: No, we're getting into the -- MR. OCHS: That's part of-- COMMISSIONER COLETTA: I thought 11.I was the part that dealt with that, sir. MR. OCHS: No, that's the extension of the current payment. COMMISSIONER COLETTA: Oh, I'm sorry, what this motion would include also is the merit raise? CHAIRMAN COYLE: Or a separate motion. MR. OCHS: Or a separate motion, if the Board -- COMMISSIONER COLETTA: I understand. Well, I'd like to make that motion. And the reason I would -- now Commissioner Henning brought up a very interesting point. Our employees have been without pay increases for four years, a little bit more than four years. And that is true. And the County Man -- and they got a two percent, which is minor, but our budget could not do any more than that. We realize that. It was a goodwill part on our part to show the fact that we are going to try to bring things back into balance, and we don't want to return to 2000 when we had our employees exiting about 30 percent a year because we were so inadequate as far as our pay scale compared to the private sector. The Page 273 September 25-26, 2012 private sector is starting to pick up again and we're going to have to start making adjustments. We start with the County Manager, and from there next year when the new budget comes out, we can make the necessary amendments to the budget to be able to take care of the rest of our employee base. I make a recommendation that we go with the full 10 percent, with the idea that when the budget comes up next year that we look for a 10 percent pay increase across the board for all employees. But that's not part of the motion. COMMISSIONER FIALA: Okay, now, you had two motions there. The first one was still on 11.H, including merit adjustments. And we started talking about that. That was Leo's question, right? MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: And you said you thought that went into it. Do we need to vote on that? MR. OCHS: You've accepted the annual appraisal. The Chairman suggested a separate vote and motion, which I think is appropriate, the question of whether you want to do any merit adjustment based on that evaluation. COMMISSIONER FIALA: And so you started making that motion -- COMMISSIONER COLETTA: The motion is for 10 percent. I'm sorry -- COMMISSIONER FIALA: That's 11 .I, isn't it? CHAIRMAN COYLE: No, that's -- MR. OCHS: No. CHAIRMAN COYLE: 11.1 is the -- MR. OCHS: That's part of this item. CHAIRMAN COYLE: -- question concerning extension of the contract. Page 274 September 25-26, 2012 COMMISSIONER FIALA: Okay, thank you very much for -- MR. OCHS: That's part of this item. COMMISSIONER FIALA: -- clearing that up. Thank you, Commissioner Henning. Commissioner -- what is your name? COMMISSIONER COLETTA: I'm the good-looking one. CHAIRMAN COYLE: Coletta. COMMISSIONER FIALA: Coletta. Yeah, yeah. Okay, I'll second it. CHAIRMAN COYLE: Okay, we have a motion by Commissioner Coletta, second by Commissioner Fiala. Is there any discussion? (No response.) CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: We didn't listen to the public speaker. COMMISSIONER HENNING: That's under -- MR. MITCHELL: That's 11.I. You've moved back to 11.H. CHAIRMAN COYLE: So the motion passes by a vote of 3-2 with Commissioner Hiller and Henning dissenting. COMMISSIONER FIALA: And that -- I'll just add that that now brings him up somewhere near the Naples City Manager's pay scale, as well as maybe the County Attorney's pay scale. Because he's been below them and manages a lot of people. Thank you. Page 275 September 25-26, 2012 Item #11I EXTENDING THE COUNTY MANAGER EMPLOYMENT AGREEMENT WITH LEO E. OCHS, JR., FIXING THE END DATE OF THE FIRST EXTENSION TERM AS SEPTEMBER 30, 2015, AND AMENDING THE AGREEMENT TO COMPORT WITH CH. 2011-143, FLORIDA STATUTES — APPROVED (September 26, 2012) MR. OCHS: Commissioners, thank you. And that would take us to Item 11.I on your agenda, which is a recommendation that the board extend the current employment agreement with your County Manager for a period of two years, with the first term ending on September 30th, 2015. Again, consistent with the terms of the current employment agreement, that agreement provides that the end of the third year of the contract the parties by mutual consent may extend the agreement for two years beyond the initial term. I believe the performance of the organization under my leadership over the last three years would merit serious consideration of an extension. It's an honor to serve the community, a privilege to serve this Board, and I would very much appreciate the opportunity to serve for that two-year extension. CHAIRMAN COYLE: Let's call the public speaker. MR. MITCHELL: The speaker is John Lundin. MR. LUNDIN: Hi, I'm John Lundin. I've been an activist in various counties and various cities and two legislatures. And normally when there's an election and a new majority is ready to take over a commission, if there have been issues where there have been problems with the county manager or the county manager's staff, it's kind of acceptable that either the county manager resigns his position or he's Page 276 September 25-26, 2012 removed from office. And my experience in government is that elected officials have a right to access to all information in government. And for the last two years here, I've noticed on numerous occasions that two of the commissioners here, when they request information, they either don't get the information from the county staff or the County Manager or they get inaccurate information. And so I feel that's grounds to remove the County Manager for misconduct. Let me give you a really good example. Back in February the Growth Design Corporation did a presentation at the Immokalee CRA, and that was the first time there was any like public notification that they were going to do business in the county. Subsequently, Commissioner Henning did some research and found out that for a year prior Growth Design Corporation had meetings with various departments in the CRA and the county staff and there was actually an email sent around from the CRA to some of the staff that this information should remain hidden from Commissioner Hiller and Commissioner Henning. So this is an example of where information in this county has been kept from two of the commissioners. And subsequently, Commissioner Hiller did a request from the Public Utilities Department to have any documentation of Growth Design Corporation, and she received an email document from the county staff which stated that there were about 16 meetings involving Growth Design Corporation. Now, in that document about eight of the references included companies that had nothing to do with Growth Design Corporation, which -- that seemed like that document was purposely misleading to throw her off finding out about Growth Design. And the instances that did mention Growth Design, there was very little information on exactly what was going on with Growth Page 277 September 25-26, 2012 Design. So this is an example of many times in this county in the last two years two of the commissioners have been prevented from getting public information. And ultimately it is the County Manager's responsibility to make sure that the county staff gives the elected officials the information they need. So I think this is a perfect example when the new majority of commissioners come in here, there are grounds for -- to terminate through misconduct. Thank you very much. CHAIRMAN COYLE: Okay. It's finished. We'll call the question. All in favor of the motion, please signify by -- wait, we haven't had a motion on this. COMMISSIONER FIALA: No, we haven't. CHAIRMAN COYLE: All right, Commissioner Henning, go ahead. COMMISSIONER HENNING: Mr. Lundin, the CRAs are -- they have employment agreements with the director. The CRA does. So Ms. Phillippi and former David Jackson is under the CRA, not under the County Manager. Although the County Manager does provide support staff working with the CRAs as part of his valu -- MR. LUNDIN: Well, with the Growth Design Corporation there were meetings between the Public Utilities Department and Growth Design. And Commissioner Coletta was involved in these meetings too. And none of this information was ever given to you or Commissioner Hiller. COMMISSIONER HENNING: Well, you reference information that I requested from the CRA in Immokalee, okay, and you stated that I did not receive it or they were told to hide it from Henning and Hiller, that's under the CRA -- MR. LUNDIN: But that was an email sent to -- from the CRA to county staff. And the County Manager is responsible for anybody in Page 278 September 25-26, 2012 the county staff for supplying information to you and Commissioner Hiller and any other commissioner. And I'm just citing one example. Ever since the Jackson Labs issue there's been lots of anecdotal information from people in the community how information has been hidden from the county commissioners here. And in my experience this is the first county or city I've ever been an activist with where it seems there's actually -- it seems like a willful intent to keep information from elected officials. I mean, the elected officials represent the people. And the County Manager and the county staff work for you. Any information that a county commissioner ever requests should be freely given and there shouldn't be any misinformation. And it just seems like that is grounds for misconduct. COMMISSIONER HENNING: Okay. And that's -- like you said, that can be brought up at a separate time. But I would like the information, if you could email it to me, about the sequence of events. MR. LUNDIN: You mean concerning Growth Design Corporation? That was an email actually you forwarded to me that the CRA sent an email to the staff saying that the information should be kept from you and Commissioner Hiller. This was an email I received from you. COMMISSIONER HENNING: Okay, I'll look at that then. COMMISSIONER HILLER: Really, really? MR. OCHS: I have no idea what he's talking about. COMMISSIONER HILLER: Well, that's the problem. MR. OCHS: Okay. COMMISSIONER COLETTA: Motion to approve -- I'm sorry CHAIRMAN COYLE: Okay, I'm sorry, go ahead. COMMISSIONER COLETTA: Motion to approve the extension to the County Manager's contract. Page 279 September 25-26, 2012 CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: And I second that. And boy, we better grab it quick because I don't know how many other people would want that job. CHAIRMAN COYLE: Not after this. Okay, all in favor of the extension of the contract to the County Manager, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay, a motion passes 5-1 (sic) with Commissioner -- COMMISSIONER FIALA: It's four. CHAIRMAN COYLE: I'm sorry, 4-1 . It's still early. 4-1, with Commissioner Hiller dissenting. Thank you. MR. OCHS: Thank you, Commissioners. Item #12D THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY - MOTION TO ACCEPT PERFORMANCE APPRAISAL — APPROVED (September 26, 2012) CHAIRMAN COYLE: That brings us to 12.D, the annual performance appraisal for the County Attorney. MR. KLATZKOW: Quite a morning. CHAIRMAN COYLE: Good morning. MR. KLATZKOW: I apologize for not getting these in your Page 280 September 25-26, 2012 packages. Some of the information I got a little -- I got it just a little too late to get in there. That's simply a summary of the performances by the individual commissioners, and I am waiving the merit pay adjustment and I'll just take the questions. CHAIRMAN COYLE: Okay. Any questions, comments, motions? COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: Okay, go ahead Commissioner Henning. COMMISSIONER HENNING: What is your -- your employees are going to receive CPI; is that correct? MR. KLATZKOW: Yes. COMMISSIONER HENNING: Okay. MR. KLATZKOW: Well, presumably. COMMISSIONER HENNING: Pardon me? MR. KLATZKOW: Presumably, yes. COMMISSIONER HENNING: Why is it presumable? MR. KLATZKOW: You have to have a pay plan come before you to approve that. MR. OCHS: The Board hasn't formalized that decision, sir. It will be presented at the next meeting. COMMISSIONER HENNING: Okay. MR. OCHS: You have the appropriation in your budget. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN COYLE: Okay, no other questions? (No response.) CHAIRMAN COYLE: Does somebody have a motion to accept the performance appraisal of the County Attorney? COMMISSIONER FIALA: I do accept the formal evaluation of the County Attorney and make a motion to approve it. CHAIRMAN COYLE: Okay, motion to accept the performance Page 281 September 25-26, 2012 appraisal for the County Attorney by Commissioner Fiala. Is there a second? COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Second by Commissioner Coletta. All in favor, please signify by saying aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, it passes unanimously. Item #12E THE PROPOSED FY2012 - 2013 ACTION PLAN FOR JEFFREY A. KLATZKOW, COUNTY ATTORNEY — APPROVED (September 26, 2012) CHAIRMAN COYLE: That brings us to 12.E. Recommendation that the Board of County Commissioners reviews and approves the proposed FY 2012-2013 Action Plan for County Attorney Klatzkow. MR. KLATZKOW: And the Action Plan is substantially similar to this year's Action Plan. CHAIRMAN COYLE: Questions? COMMISSIONER FIALA: Motion to approve it. CHAIRMAN COYLE: Motion to approve the Action Plan by -- for the County Attorney by Commissioner Fiala. Is there a second? Page 282 September 25-26, 2012 COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Second by Commissioner Henning. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay, it passes unanimously. Item #12F EXTENDING THE COUNTY ATTORNEY EMPLOYMENT AGREEMENT WITH JEFFREY A. KLATZKOW, FIXING THE END DATE OF THE SECOND EXTENSION TERM AS SEPTEMBER 30, 2015, AND AMENDING THE AGREEMENT TO COMPORT WITH CH. 2011-143, FLORIDA STATUTES — APPROVED (September 26, 2012) CHAIRMAN COYLE: Okay, that brings us to 12.F, which is the County Commission should determine if it is our intent to extend the County Attorney employment agreement with County Attorney Klatzkow. COMMISSIONER FIALA: And I make a motion to approve the extension of his contract. I talked to him in the office and he said I love this job, I just love this job. And I thought well, that's great, we Page 283 September 25-26, 2012 have to keep him. He's done a good job. CHAIRMAN COYLE: Okay, A motion by Commissioner Fiala to extend. Is there a second? COMMISSIONER COLETTA: I'll second it. CHAIRMAN COYLE: Seconded by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Aye. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: The motion carries to extend. It's approved by Commissioner Henning, Coletta and Fiala. And Commissioner Coyle and Hiller are dissenting. So we're finished, okay? COMMISSIONER HILLER: I just want to put one thing on the record. I rated all three employees by the same scale. To have three executives with three different scales didn't make any sense to me so that everybody could, you know, compare their ratings against each other. I rated everyone as Jeffs evaluation was prepared, which is one, two, three. So as a consequence I didn't give any like 1.1, 1.2, and I didn't give any fours or fives, which only appeared on one evaluation and not on two evaluations. So that's just for informational purposes. And as far as renewing the contracts or giving pay awards, my comments are on the record with respect to that. CHAIRMAN COYLE: Okay, do we have — Page 284 September 25-26, 2012 Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS (September 26, 2012) MR. OCHS: On Item 15, sir, I don't have anything this morning. CHAIRMAN COYLE: Okay, County Attorney, do you have anything on -- MR. KLATZKOW: No, sir. CHAIRMAN COYLE: Okay, Commissioners. We'll start with Commissioner Hiller. COMMISSIONER HILLER: No comment. CHAIRMAN COYLE: No staff and commission general communications. Commissioner Fiala? COMMISSIONER FIALA: Nope, nothing. CHAIRMAN COYLE: I don't have anything. Commissioner Coletta? COMMISSIONER COLETTA: No, I have nothing to add to this meeting. CHAIRMAN COYLE: Okay, Commissioner Henning? COMMISSIONER HENNING: Leo, looking forward to working with you the next year. Trust me, you're going to earn every dime of it. MR. OCHS: Thank you, sir. Look forward to it. CHAIRMAN COYLE: Okay, then with no further business, we are adjourned. ***** Page 285 September 25-26, 2012 **** Commissioner Coletta moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 CHANGE ORDER NO. 4 TO CONTRACT #09-5278 FOR AN ADDITIONAL 942 DAYS WITH STANLEY CONSULTANTS, INC., FOR DESIGN & RELATED SERVICES FOR THE INTERSECTION CAPACITY IMPROVEMENTS TO THE US 41 AND SR/CR 951 INTERSECTION AND RESURFACING, RESTORATION AND REHABILITATION (3R) ROADWAY IMPROVEMENTS TO SR 951; PROJECT #60116; FISCAL IMPACT $0.00 — IMPROVEMENTS TO BE CONSTRUCTED SIMULTANEOUSLY TO ALLOW FLEXIBITY BETWEEN THE DIFFERENT FUNDING MECHANISMS Item #16A2 ADOPT-A-ROAD PROGRAM AGREEMENT FOR DEVONSHIRE BOULEVARD FROM SANTA BARBARA BOULEVARD TO RADIO ROAD FOR THE VOLUNTEER GROUP, THE PEPPE FOX PARTNERS — THE COUNTY IS RESPONSIBLE FOR INSTALLING TWO NEW SIGNS AT A TOTAL COST OF $150.00 Item #16A3 Page 286 September 25-26, 2012 RELEASE OF LIEN IN THE AMOUNT OF $3,612.29 FOR PAYMENT OF $562.29, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. PALMIRA MUNOZ, CODE ENFORCEMENT CASE NUMBER CESD20100018348, RELATING TO PROPERTY LOCATED AT 2051 44TH TERRACE SW, COLLIER COUNTY, FLORIDA — PROPERTY BROUGHT INTO COMPLIANCE ON APRIL 18, 2011 Item #16A4 A BUDGET AMENDMENT RECOGNIZING REVENUE FOR PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) IN THE AMOUNT OF $74,159.20 AND A REFUND OF $11,272.35 FROM THE COUNTYWIDE PATHWAYS FUND — FROM COUNTYWIDE PATHWAYS PROGRAM, TRAFFIC IMPACT STUDY REVIEW AND PUD MONITORING/TRAFFIC COUNTS Item #16A5 RESOLUTION 2012-164: FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF VALENCIA LAKES — PHASE 4-A, PPL-AR3124 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND THE RELEASE OF THE MAINTENANCE SECURITY AND ACCEPTANCE OF THE PLAT DEDICATIONS Item #16A6 Page 287 September 25-26, 2012 RECORDING THE FINAL PLAT OF PIACERE — PAVIA, TRACT FD2 REPLAT, APPLICATION NUMBER PL20120001564 — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE FINAL APPROVAL LETTER Item #16A7 — Moved to Item #11J (Per Agenda Change Sheet) Item #16A8 DECLARING FISHER SCIENTIFIC A SOLE SOURCE VENDOR AND TO PURCHASE A DIONEX ION CHROMATOGRAM CAPILLARY SYSTEM IN THE AMOUNT OF $58,270.53 FOR THE NATURAL RESOURCES DEPARTMENT — PROVIDING LABORATORY TESTING SERVICES FOR DRINKING, WASTE AND ENVIRONMENTAL WATER Item #16A9 RATIFY THE COUNTY MANAGER'S DETERMINATION OF THE EXISTENCE OF A LOCAL SHORELINE EMERGENCY AT THE PELICAN BAY SOUTHERN BEACH FACILITY IN THE VICINITY OF FDEP MONUMENT R-41 AND TO ALLOW TEMPORARY EMERGENCY MITIGATION AND REPAIR ACTIVITIES WITHOUT REQUIRING A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PERMIT — DUE TO THE SIGNIFICANT SHIFT OF CLAM PASS OVER THE PAST TWO TO THREE WEEKS Item #16B1 Page 288 September 25-26, 2012 CONTRACT NO. 12-5863 BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) AND URS TO PERFORM CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES FOR THE IMMOKALEE DOWNTOWN STORMWATER IMPROVEMENTS PROJECT (FISCAL IMPACT $67,950) Item #16B2 A LEASE AGREEMENT WITH SMITH PLASTERING, INC, PERMITTING THEM TO OPERATE A LOCAL, OWNER OPERATED BUSINESS ON CRA OWNED PROPERTY LOCATED AT 1991 TAMIAMI TRAIL EAST, IN THE GATEWAY MINI-TRIANGLE — FOR A 24 MONTH TERM WITH A ONE YEAR EXTENSION AT $1,500.00 PER MONTH Item #16B3 A SITE IMPROVEMENT GRANT AGREEMENT THAT IS FINANCIALLY ASSISTED BY A FIFTH THIRD BANK GRANT AWARD BETWEEN THE CRA AND A GRANT APPLICANT WITHIN THE BAYSHORE GATEWAY TRIANGLE AREA. ($2,443.41) — PROPERTY LOCATED AT 2631 SHOREVIEW DRIVE Item #16B4 A SITE IMPROVEMENT GRANT AGREEMENT THAT IS FINANCIALLY ASSISTED BY A FIFTH THIRD BANK GRANT AWARD BETWEEN THE CRA AND A GRANT APPLICANT WITHIN THE BAYSHORE GATEWAY TRIANGLE AREA. Page 289 September 25-26, 2012 ($853.37) — PROPERTY LOCATED AT 2759 SHOREVIEW DRIVE Item #16C1 — Withdrawn (Per Agenda Change Sheet) A TIME AND MATERIALS CONTRACT WITH AGNOLI BARBER & BRUNDAGE IN THE NOT-TO-EXCEED AMOUNT OF $243,631 FOR REQUEST FOR PROPOSAL NO. 12-5883, "MASTER PUMPING STATION 312 PROFESSIONAL SERVICES DURING CONSTRUCTION," PROJECT NUMBER 72549 Item #16C2 RESOLUTION 2012-165: THE ANNUAL RATE RESOLUTION TO ESTABLISH THE FEES, RATES, AND CHARGES FOR THE USE OF COLLIER COUNTY SOLID WASTE FACILITIES, INCLUDING LANDFILL TIPPING FEES, RECYCLING DROP- OFF CENTER FEES, AND RESIDENTIAL MULTI-FAMILY AND COMMERCIAL WASTE COLLECTION FEES FOR FY13. THIS RESOLUTION ADOPTS THE RATES THAT FUND THE FY13 BUDGET FOR SOLID WASTE COLLECTION AND DISPOSAL Item #16C3 A CONTRACT WITH JOHNSON ENGINEERING, INC., IN THE NOT-TO-EXCEED AMOUNT OF $234,470 FOR REQUEST FOR PROPOSAL NO. 12-5919, "UTILITY DESIGN ENGINEERING SERVICES - U.S. 41 FROM C.R. 951 TO GREENWAY ROAD," PROJECT NUMBERS 70045 AND 73045 — FOR WATER AND WASTEWATER INFRASTRUCTURE RELOCATIONS Page 290 September 25-26, 2012 Item #16D1 THE TRANSFER OF RESPONSIBILITIES AS LEAD AGENCY FROM COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES (HHVS) TO COLLIER COUNTY HUNGER AND HOMELESS COALITION (HHC) AS THEY ARE DESIGNATED THE COLLABORATIVE APPLICANT/LEAD AGENCY FOR THE PURPOSES OF SUBMITTING CONTINUUM OF CARE GRANT APPLICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Item #16D2 AGREEMENT NO. 12-5944, CHILD ADVOCACY AGREEMENT FOR MANDATED SERVICES WITH THE COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC., TO PROVIDE FOR MANDATED SERVICES IDENTIFIED UNDER FLORIDA STATUTE 39.304(5). THE AGREEMENT WILL HAVE A FISCAL IMPACT OF $70,000 — STARTING ON OCTOBER 1, 2012 AND IS FOR ONE YEAR WITH THREE ADDITIONAL ONE YEAR RENEWAL OPTIONS Item #16D3 LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) GRANT "COLLIER CONNECTS" FUNDS IN THE AMOUNT OF $27,154; A PARTIAL MATCH CONTRIBUTION FROM FRIENDS OF THE LIBRARY IN THE AMOUNT OF $3,800; APPROVE BALANCE OF LOCAL MATCH FROM THE LIBRARIES GENERAL FUND (001) IN THE AMOUNT OF Page 291 September 25-26, 2012 $11,373, APPROVE E-GOVERNMENT POLICY AND LIBRARY PARTNERSHIP WITH ACCESS FLORIDA — FUNDS AVAILABLE OCTOBER 1, 2012 AND MUST BE EXPENDED BY SEPTEMBER 30, 2013 Item #16D4 RESOLUTION 2012-166: FIVE-YEAR JOINT PARTICIPATION AGREEMENT (JPA) WITH FLORIDA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $1,776,556 UNDER STATE TRANSIT BLOCK GRANT PROGRAM CONTRACT NUMBER AQQ16 PROVIDING FOR STATE FUNDING FOR ELIGIBLE COLLIER COUNTY PUBLIC FIXED-ROUTE TRANSIT ADMINISTRATIVE, MANAGEMENT AND OPERATIONAL EXPENSES IN THE AMOUNT OF $888,278 AS WELL AS A FY2012/2013 LOCAL MATCH IN THE AMOUNT OF $888,278 Item #16D5 — Continued to the October 9, 2012 BCC Meeting (Per Agenda Change Sheet) THE CONSERVATION COLLIER ANNUAL REPORT Item #16D6 — Continued to the October 9, 2012 BCC Meeting (Per Agenda Change Sheet) REPEALING RESOLUTION NO. 2009-296 AND A RESOLUTION ESTABLISHING A REVISED COLLIER COUNTY PUBLIC LIBRARY FEES AND FINES SCHEDULE Item #16D7 Page 292 September 25-26, 2012 BID NO. 12-5900 TO QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF $594,692.86 FOR THE CONSTRUCTION CONTRACT OF THE BAYVIEW PARK PHASE II & III PROJECT NO. 80060 AUTHORIZING BUDGET AMENDMENTS TOTALING $369,355.83 AND THE CHAIRMAN TO SIGN THE COUNTY ATTORNEY APPROVED CONTRACT — IMPROVING PARKING, LIGHTING, DRAINAGE AND LANDSCAPING Item #16D8 CONTRACT #12-5868 IN THE AMOUNT OF $359,745 AND THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH Q. GRADY MINOR AND ASSOCIATES, P.A., FOR "ON-CALL CONSTRUCTION ENGINEERING AND INSPECTIONS (CEI) AND RELATED SERVICES" FOR THE GORDON RIVER GREENWAY PARK, GOODLETTE-FRANK AND GOLDEN GATE PARKWAY, PROJECT NUMBER 80065 Item #16D9 — Moved to Item #11L (Per Agenda Change Sheet) Item #16E1 AMENDMENT TO ANTENNA SITE AGREEMENT WITH SBA TOWERS II, LLC, RELATED TO THE COMMUNICATIONS TOWER AGREEMENT FOR THE COUNTY'S SAFEPOINT LOCATION SYSTEM, A COMPONENT OF THE COUNTY'S 800 MHZ PUBLIC SAFETY RADIO NETWORK, AT A FIRST YEAR'S ESTIMATED UTILITY COST OF $540 — TO CONNECT TO THE LANDLORD'S UTILITY SERVICE AND PAY INCREASED RENT TO COVER UTILITIES Page 293 September 25-26, 2012 Item #16E2 BUDGET AMENDMENT IN THE AMOUNT OF $2,890,000 FROM FUND 517, GROUP HEALTH AND LIFE INSURANCE RESERVES, TO PAY ANTICIPATED CLAIMS EXPENSES FOR THE REMAINDER OF FY 2012 Item #16E3 ASSUMPTION AGREEMENT FROM ROAD SAFE TRAFFIC SYSTEMS, INC. TO MCSHEA CONTRACTING, LLC AS IT RELATES TO CONTRACT #10-5410 "ROADWAY PAINT, THERMOPLASTIC MARKINGS AND RAISED MARKERS" — DUE TO ROADSAFE TRAFFIC SYSTEMS CEASING WORK IN SOUTH FLORIDA Item #16E4 AMENDMENT TO THE AGREEMENT FOR MEDICAL EXAMINER SERVICES WHICH WILL EXTEND THE TERM OF THE AGREEMENT TO SEPTEMBER 30, 2013, AND AMENDS THE OPERATING COST AS WELL AS COSTS RELATING TO INFORMATION TECHNOLOGY AND GENERAL, PROPERTY, AND LIABILITY INSURANCES FOR FY2013 — TOTAL COST FOR FISCAL YEAR 2013 IS $1,077,800 Item #16F1 RECEIPT OF THE WORKFORCE SERVICES PLAN, AS SUBMITTED BY THE SOUTHWEST FLORIDA WORKFORCE Page 294 September 25-26, 2012 DEVELOPMENT BOARD, INC. — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F2 RESOLUTION 2012-167: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2011-12 ADOPTED BUDGET Item #16F3 A ONE-YEAR EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE EARLY LEARNING COALITION OF SOUTHWEST FLORIDA, INC., TO PROVIDE FUNDING IN THE AMOUNT OF $75,000 IN FISCAL YEAR 2013 — PROVIDING UPDATED DATES AND DOLLAR AMOUNTS AS WELL AS ONE MINOR CHANGE RELATED TO SERVICE ELIGIBILITY, REIMBURSEMENTS AND REFERRALS Item #16G1 — Withdrawn (Per Agenda Change Sheet) A LICENSE AGREEMENT WITH UNITED CIRCUS OPERATING CO., INC. D/B/A THE KINGS BROS CIRCUS AT THE IMMOKALEE AIRPORT FOR A ONE (1) DAY CIRCUS EVENT Item #16H1 Page 295 September 25-26, 2012 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE EAST NAPLES MERCHANTS' ASSOCIATION COCKTAIL PARTY ON SEPTEMBER 15, 2012. THE SUM OF $20 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE CLASSICS COUNTRY CLUB IN LELY RESORT Item #16I1 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 296 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 25, 2012 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Miscellaneous Correspondence: 1) Request for Legal Advertising of Public Hearings 5.8.12: Historic&Archaeological Preservation Board 5.16.12 BOARD OF COUNTY COMMISSIONERS ADVISORY BOARD MINUTES September 25, 2012 2. ADVISORY BOARD MINUTES TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Development Services Advisory Committee: Minutes of 6.6.12 2) Forest Lakes Roadway and Drainage Advisory Committee: Agenda of 4.11.12; 5.9.12; 6.13.12 Minutes of 3.14.12; 5.9.12 3) Immokalee Enterprise Zone Development Agency: Agenda of 7.18.12 Minutes of 6.20.12 4) Immokalee Local Redevelopment Advisory Board: Agenda of 7.18.12 Minutes of 6.20.12 5) Lely Golf Estates Beautification Advisory Committee: Agenda of 4.19.12; 5.17.12; 6.21.12 Minutes of 3.16.12; 4.1912; 5.17.12 6) Radio Road Beautification Advisory Committee: Agenda of 4.9.12; 5.14.12; 6.11.12 Minutes of 3.19.12; 4.9.12; 5.14.12 7) Vanderbilt Beach Beautification MSTU Advisory Committee: Agenda of 4.5.12; 5.3.12; 6.7.12 Minutes of 3.1.12; 4.5.12; 6.7.12 September 25-26, 2012 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 1, 2012 THROUGH SEPTEMBER 7, 2012 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16K1 SETTLEMENT AND JUDGMENT AGREEMENT ORDER PRIOR TO TRIAL IN THE LAWSUIT ENTITLED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY V. JEFFREY LILLARD, FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA (CASE NO. 11-03359-CC) FOR THE SUM OF $2,844.75 — FOR DAMAGES AS A RESULT OF COLLIDING WITH A LIGHT POLE ON MAY 16, 2011 Item #16K2 MEDIATED SETTLEMENT AGREEMENT PRIOR TO TRIAL IN THE LAWSUIT ENTITLED SIMINA MOLDOVAN V. COLLIER COUNTY, AND COLLIER COUNTY, FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA (CASE NO. 09-4781-CA) FOR THE SUM OF $1,200 — FOR INJURIES RELATED TO A ROLLERBLADING ACCIDENT AT THE EAGLE LAKES PARK ON MARCH 30, 2008 Item #17A ORDINANCE 2012-37: PUDZ-PL20110000406: BRYNWOOD CENTER -- AN ORDINANCE OF THE BOARD OF COUNTY Page 297 September 25-26, 2012 COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT WITH AN "ST" OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE BRYNWOOD CENTER CPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF 145,000 SQUARE FEET OF RETAIL AND OFFICE USES WHICH INCLUDE A MAXIMUM OF 25,000 SQUARE FEET OF RETAIL AND A MAXIMUM OF 60,000 SQUARE FEET OF MEDICAL OFFICE USES. ALSO PERMITTED ARE HOTEL AND MOTEL USES AT 20 UNITS PER ACRE AND GROUP HOUSING (ASSISTED LIVING FACILITY AND INDEPENDENT LIVING UNITS) AT A FLOOR AREA RATIO OF 0.6. FOR EACH ACRE OF GROUP HOUSING OR HOTEL OR MOTEL USE, 12,083 SQUARE FEET OF RETAIL OR OFFICE USE SHALL BE SUBTRACTED FROM THE TOTAL AMOUNT OF ALLOWABLE COMMERCIAL SQUARE FOOTAGE. THE PROJECT IS LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 980 FEET EAST OF THE INTERSECTION OF LIVINGSTON ROAD AND PINE RIDGE ROAD IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 13.65± ACRES; AND BY PROVIDING AN EFFECTIVE DATE Page 298 September 25-26, 2012 Item #17B RESOLUTION 2012-168: VA-PL20110002627: DONALD GRAY VARIANCE - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2011-2627, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTIONS 4.02.03 AND 5.03.06.E.5 TO PERMIT A REDUCED RIPARIAN SIDE YARD SETBACK FROM 7.5 FEET TO 0 FEET ON THE WEST SIDE OF THE SUBJECT PROPERTY AND A REDUCED RIPARIAN SIDE YARD SETBACK FROM 7.5 FEET TO 1 .55 FEET ON THE EAST SIDE OF THE SUBJECT PROPERTY LOCATED ON LOT 6, BLOCK G OF THE LITTLE HICKORY SHORES SUBDIVISION IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA Item #17C — Withdrawn (Per Agenda Change Sheet) CHANGES TO ORDINANCE NO. 91-65, OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE ORDINANCE TO INCORPORATE STATUTORY REQUIREMENTS AND OTHERWISE CLARIFY TERMS Item #17D RESOLUTION 2012-169: AMENDMENTS (APPROPRIATING CARRY-FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2011-12 ADOPTED BUDGET Item #17E Page 299 September 25-26, 2012 RESOLUTION 2012-170: AMENDMENTS (APPROPRIATING CARRY-FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2012-13 ADOPTED BUDGET ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:03 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ----7---- -,--,1_,,L,„) (7-t---Adi FRED COYLE, CHAI ' JA ATTEST: ,„ , , , DWIGHr'`E:'BRZO+ K, CLERK C \ 001,04 *',test as to Cha trams A itonature 'J0°K. These minutes approved y the Board on pc --a 3 -o td-�as presented or as corrected . Page 300