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BCC Minutes 10/23/2012 R BCC REGULAR MEETING MINUTES OCTOBER 23, 2012 October 23, 2012 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 23, 2012 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta Donna Fiala Georgia Hiller Tom Henning ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Clerk of Courts Finance Director Mike Sheffield, Business Operations Manager Troy Miller, Communication & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority co.I i (j AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 October 23, 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 October 23, 2012 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor John Boutchia - Gospel Baptist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. September 20, 2012 - BCC/Budget Hearing C. September 25-26, 2012 - BCC/Regular Meeting Page 2 October 23,2012 3. SERVICE AWARDS A. EMPLOYEE 1) 20 Year Attendees a) Michael Widner, Library 2) 25 Year Attendees a) Noemi Fraguela, EMS 4. PROCLAMATIONS A. Proclamation supporting the continuation of the "287g" partnership between the Collier County Sheriffs Office and the United States Department of Homeland Security, which allows for the identification, arrest and removal of criminals illegally present in the United States. To be accepted by Chief Greg Smith on behalf of Sheriff Kevin Rambosk. Sponsored by Commissioner Coyle. B. Proclamation recognizing October 26, 2012 as the 13th Annual Red Walk for Collier County Public Schools. To be accepted by Dr. Susan Barcellino and Craig Greusel. Sponsored by Commissioner Fiala. C. Proclamation designating October 25, 2012 as Narcotics Overdose Prevention & Education (NOPE) National Candlelight Vigil Day in Collier County. To be accepted by Frank Nappo, President, Ana DiMecurio and Melanie Black, Drug Free Collier; Emily Castillo and Colleen Deswal, David Lawrence Center; and Sandi Smith and Marlee Rognrud, The Willough. Sponsored by Commissioner Fiala. D. Proclamation recognizing the Fourth Annual Naples International Film Festival and its opening night film, "Honor Flight." To be accepted by Shannon Franklin, Executive Director, Naples International Film Festival. Sponsored by Commissioner Coyle. 5. PRESENTATIONS Page 3 October 23,2012 A. Presentation recognizing Jackson Bonar, an 11 year old student at Oakridge Middle School, for his bravery and heroism. To be presented by Commissioner Hiller. B. Presentation recognizing the heroic and valiant lifesaving efforts of East Naples Fire Control and Rescue District firefighter Manuel S. Morales. To be presented by Commissioner Fiala. C. Presentation by Mark Elsner of the South Florida Water Management District, providing an update on the Lower West Coast Water Supply Plan, as requested by Commissioners during the Big Cypress Basin Joint Workshop held on April 27, 2012. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS Items 8 and 9 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Development Services Advisory Committee. B. Appointment of member to the Contractors Licensing Board. C. Appointment of members to the Collier County Planning Commission. D. Appointment of member to the Consumer Advisory Board. E. Appointment of members to the Environmental Advisory Council. 11. COUNTY MANAGER'S REPORT A. Recommendation to review and approve the proposed Collier County 2013 Page 4 October 23,2012 State Legislative Priorities. (Debbie Wight, Legislative Affairs Coordinator) B. Recommendation to reject all bids submitted in response to solicitation #12- 5905, Rural Land Stewardship Area (RLSA) Program Review, and provide direction to staff on obtaining services from an outside independent firm to perform review and analysis of the RLSA amendment package. C. This item to be heard at 11:00 a.m. Recommendation to consider an out- of-cycle Tourist Development Council ("TDC") Grant Application from the City of Marco Island/Hideaway Beach District for Erosion Control Structures at Hideaway Beach and if approved make a finding that the project is in the public interest and authorize all necessary budget amendments. Estimated fiscal impact: $925,000. (Nick Casalanguida, Growth Management Administrator) D. This item continued from the October 9, 2012 BCC Meeting. Recommendation to adopt resolutions authorizing the condemnation of the land and easements necessary for the construction of capital improvements at the intersection of US 41 and Collier Boulevard. (Project No. 60116.) Estimated fiscal impact: $13,500,000. (Jay Ahmad, Transportation Engineering Director) E. Recommendation to award a construction contract to Oldcastle Southern Group, Inc. (f/k/a APAC-Southeast, Inc.) for Bid No. 12-5948 - Immokalee Road Safety Improvements Project No. 60016.4, in the amount of $1,906,761.14. (Jay Ahmad, Transportation Engineering Director) F. Recommendation to award Bid Number 12-5845 and 12-5845R, "Countywide Chemicals," for the purchase of various chemicals required for potable water, wastewater, and irrigation quality water treatment by the Water and Wastewater Departments, to various vendors in the estimated annual amount of$5,500,000. (George Yilmaz, Public Utilities Administrator) G. Recommendation to approve separate Work Orders to Kyle Construction Inc., Quality Enterprises USA, and Haskins Inc., under the Fixed-Term Underground Utilities Contract #08-5011, in the total amount of$2,052,336 for the replacement of air release valves under Project Number 70044, Force Main Technical Support. (Tom Chmelik, Planning and Project Management Page 5 October 23, 2012 Director) H. Recommendation to award bid number 12-5964, "SRO Wellfield Raw Water Transmission Main Repair," to Southwest Utility Systems, Inc., in the amount of$1,131,450, to complete the second stage of Phase IV of the South RO Wellfield Raw Water Transmission Main Repair, Project No. 70030. (Tom Chmelik, Planning and Project Management Director) I. This item requires that ex parte disclosure be provided by Commission members. 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 Director) J. Recommendation to deny the negligence claim of Liz Pfunder, Claim #22- 02151201177 in the amount of$46,288.51. (Jeff Walker, Risk Management Director) 12. COUNTY ATTORNEY'S REPORT A. Recommendation to approve, and authorize the Chairman of the Board of County Commissioners to sign, an Interlocal Agreement relating to establishment of the Gulf Consortium to act on behalf of Collier County in the implementation of the RESTORE Act (Resources and Ecosystems Sustainability Tourist Opportunities and Revised Economies of the Gulf Coast States Act of 2012). 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 1:00 p.m. This item continued from the October 9, 2012 BCC Meeting. Recommendation to discuss Item #11E from the Board's September 11, 2012 agenda regarding "Wastewater Basin Program" contracts. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT Page 6 October 23, 2012 1) The Annual Performance Appraisal for the Airport Authority Executive Director. 2) Recommendation that the Board of County Commissioners reviews and approves the proposed FY 2012 - 2013 Action Plan for Chris Curry, Executive Director, Airport Authority. 3) Recommendation that the Board of County Commissioners, in its capacity as the governing body of the Collier County Airport Authority, indicates its intent to extend the Airport Authority Executive Director's Employment Agreement with Thomas C. Curry, 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. B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1) Recommendation to authorize the Clerk of Courts to release the Excavation Bond in the amount of$25,000 which was posted as a development guaranty for work associated with Boys & Girls Club of Collier County (Petition: PL20110002178). 2) Recommendation to approve the Lease and Rent Agreement between the Collier Metropolitan Planning Organization's (MPO) and the Collier County Board of County Commissioners (BCC). 3) Recommendation to approve the release of lien in the amount of $17,811.26 for payment of$1,511.26, in the Code Enforcement Page 7 October 23, 2012 Action entitled Board of County Commissioners vs. Edward A. Kaulbars and Paula A. Kaulbars, Code Enforcement Case Number CEPM20090013071, relating to property located at 1579 Whispering Oaks Circle, Collier County, Florida. 4) Recommendation to approve the release of lien in the amount of $17,612.29 for payment of$562.29, in the Code Enforcement Action entitled Board of County Commissioners vs. Michael Motto, Code Enforcement Case Number CESD20110006565, relating to property located at 4160 23rd Place SW, Collier County, Florida. 5) Recommendation to approve the release of two liens with a combined value of$56,509.04 for payment of$1,609.04, in the Code Enforcement Action entitled Board of County Commissioners vs. Abel D. Accilio & Sara Accilio, Code Enforcement Special Magistrate Case Numbers CEPM20100003242 and CEPM20100004034, relating to property located at 907 Summerfield Drive, Collier County, Florida. 6) Recommendation to approve the release of lien in the amount of $112,017.61 for payment of$567.61, in the Code Enforcement Action entitled Board of County Commissioners vs. Ester M. Torres and Jorge L. Torres, Code Enforcement Case Number CEPM20080014195, relating to property located at 1340 Center Lane, Collier County, Florida. 7) Recommendation to direct the County Manager or his designee to complete the required update to the data in the Floodplain Management Plan and bring it back to the Board of County Commissioners for approval and adoption. 8) Recommendation to approve a sand delivery and placement contract to Eastman Aggregate Enterprise LLC for a combination unit cost/lump sum price of$430,828 and to Stewart Mining for a direct purchase of 33,600 tons of sand for a cost of$243,600 for the Vanderbilt and Naples Beach Emergency Beach Renourishment project. The total cost of this project is $674,428. Page 8 October 23,2012 B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DIVISION 1) Recommendation to waive the Notice to Proceed requirement and approve payment in the amount of$16,956.05 to Kyle Construction, Inc., for improvements made to Master Pumping Station 321, Project Number 70050. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve modification #6 to Subgrant Agreement between the Florida Department of Economic Opportunity (DEO) and Collier County, Disaster Recovery Initiative Grant Agreement #10DB-D4-09-21-01-K09, to add one (1) new project to provide hurricane hardening to County owned Gilchrist Apartments, extend the Subgrant agreement and amend the associated subrecipient agreements to extend project completion deadlines and modify Project Work Plans. 2) Recommendation to approve a mortgage and note modification agreement for a loan issued by the State Housing Initiatives Partnership (SHIP) Program to The Shelter for Abused Women of Collier County to correct a scrivener's error made in the repayment terms, change legal name and consider the Shelter in good standing with the mortgage. 3) Recommendation to approve one (1) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling unit that has been repaid in full. 4) This item continued from the September 25, 2012 BCC Meeting. Recommendation to accept the Conservation Collier Annual Report and provide the Board of County Commissioners and public with an update on the Program's past activities. 5) Recommendation to approve an amendment to the Community Development Block Grant Agreement between Collier County and David Lawrence Mental Health Center, Inc. by extending the grant Page 9 October 23, 2012 agreement period, requiring compliance with HUD Grant #B-11-UC- 12-0016, and updating the project work plan. 6) Recommendation to approve a budget amendment recognizing $199,478.74 in program income revenue generated when conveying properties acquired under the Neighborhood Stabilization Program (NSP1). 7) Recommendation to approve the Chairman to sign, three Memorandums of Agreement with the Florida Fish and Wildlife Conservation Commission (FWC) in order to allow FWC to conduct Youth Hunts for Collier County residents at Pepper Ranch Preserve in November 2012, January 2013, and February 2013. 8) Recommendation to approve a Resolution providing for New Smartcard Media Fees, memorializing a fare increase and Collier County Employee monthly Fare Discount previously approved by the Board of County Commissioners and establishing a Collier Area Transit Fee Policy. 9) Recommendation to approve an after-the-fact substantial amendment for a City of Naples HUD Community Development Block Grant- Recovery (CDBG-R) project. 10) Recommendation to accept and execute the Safe Havens Supervised Visitation and Safe Exchange Grant in the amount of$350,000 from the United States Department of Justice, Office on Violence Against Women and approve the necessary budget amendment to recognize revenue. 11) Recommendation to approve and authorize the Chairman to sign a Letter of Understanding with Larry Ray, Collier County Tax Collector, outlining Tax Collector and Library joint use Facility in Everglades City, Florida. 12) Recommendation to authorize the Chairman to execute agreements between the County and Agency for Health Care Administration (AHCA) for any additional eligible funding that may be leveraged under the alternative intergovernmental transfer programs (IGT). Any Page 10 October 23, 2012 funds so identified are already budgeted in the FY2013 approved budget and executed agreements will be brought back to the Board for ratification. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to award RFP #12-5813 — Wellness Program Biometric Measurement and Laboratory Testing Services to Quest Diagnostics in the estimated amount of$259,380 per year. 2) Recommendation to award RFP #12-5920 — Third Party Administrator for Property, Casualty and Workers' Compensation to Johns Eastern Company, Inc. in the estimated amount of$113,278 per year and retroactively approve the extension of the current agreement with Johns Eastern Company, Inc. from October 1, 2012 to December 31, 2012 for $20,200. 3) Recommendation to provide after-the-fact approval for a Federal Emergency Management Agency Staffing for Adequate Fire and Emergency Response (SAFER) Grant application in the amount of $610,720 to hire four firefighters for a time limited period for the Isles of Capri Fire Rescue District. 4) Recommendation to provide after-the-fact approval of a Federal Emergency Management Agency's Staffing for Adequate Fire and Emergency Response (SAFER) Grant Application in the amount of $916,080 to hire six Firefighters for a time limited period for the Ochopee Fire Control District. 5) Recommendation to authorize the purchase of Cisco SMARTnet maintenance agreements from CDW-G for the County's Cisco hardware and software in the amount of$158,242 utilizing the State of Florida contract #250-000-09-1. 6) Recommendation to award Group Vision Discount coverage to Vision Service Plan (VSP) for a three year period effective January 1, 2013 in an estimated annual premium of$40,930. Page 11 October 23, 2012 7) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. 8) Recommendation to adopt a resolution authorizing the removal of 8,408 ambulance service accounts and their respective accounts receivable balances which total $5,515,177.55, which were recorded as Bad Debt Expense during Fiscal Year 2009, from the general ledger of Collier County Fund 490 (Emergency Medical Services). 9) Recommendation to approve a budget amendment recognizing carryforward from FY 2012 for the Goodland Horr's Island MSTU Fund (149) in the amount of$944.95. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve the Fiscal Year 2013 Strategic Plan for the Naples Marco Island, Everglades Convention & Visitors Bureau (CVB). 2) Recommendation to approve a contract Request for Proposal No. 12- 5895 "Impact Fee Study" and authorizes the chairman to sign the county attorney approved agreement with Tindale-Oliver and Associates, Inc. (Estimated contract value over four (4) years is $950,000). 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2012-13 Adopted Budget. 4) Recommendation to review and approve the proposed FY2012-2013 Action Plan for Leo E. Ochs, Jr., County Manager. G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, approve the attached Assumption Agreement with Air Expeditions, Inc. for facilities and space at the Marco Island Executive Airport to provide Page 12 October 23, 2012 specialized aviation service operations. 2) Recommendation that the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, approve the attached First Amendment to a Sub-Lease Agreement with Raven Air LLC, d/b/a Island Hoppers Aerial Adventures for facilities and specialized aviation service operations at the Marco Island Executive Airport. 3) Recommendation to approve a Site License Agreement with the Immokalee Chamber of Commerce for a Harvest Festival at the Immokalee Regional Airport. 4) Recommendation to approve and authorize the Airport Authority Executive Director to lease exhibit space at the 39th Annual Sun `N Fun Fly-In Event. The Airport Authority in conjunction with the Seminole Casino at Immokalee will partner to create a cooperative relationship to enhance general aviation and promote the casino through joint attendance at this air show. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Greater Naples Chamber of Commerce 2012 Excellence in Industry Awards Gala Celebration at the Hilton, Naples, FL on September 20, 2012. $50 to be paid from Commissioner Coletta's travel budget. 2) Commissioners request for Board approval to attend the Florida Association of Counties Legislative Conference November 28-30, 2012. 3) Proclamation designating November 2012 as Pancreatic Cancer Awareness Month in Collier County. Proclamation will be mailed to the Pancreatic Cancer Action Network. Sponsored by the Board of County Commissioners. Page 13 October 23,2012 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Goodland Village Arts Alliance Luncheon on October 5, 2012. The sum of$13.25 to be paid from Commissioner Fiala's travel budget. 5) Recommendation to approve and authorize the Chairman to sign a letter of support for the Southwest Florida Regional Planning Council Five Year Update of the Comprehensive Economic Development Strategy document. 6) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She will attend the November 10, 2012 Naples Equestrian Challenge Bootstrap Boogie Barn Dance at the NEC Arena 206 Ridge Drive, Naples, FL. $100 to be paid from Commissioner Hiller's travel budget. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of September 22, 2012 through September 28, 2012 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of September 29, 2012 through October 5, 2012 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve and authorize the Chairman to sign a Settlement Agreement prior to trial in the lawsuit entitled Darling Elie, individually and as Guardian of Jadarrien Elie, a minor child v. Collier County, et. al., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-1463-CA for the sum of $334, to settle the consortium claim for the minor child. Page 14 October 23,2012 2) Recommendation to authorize a counteroffer of$2,500 to the business damage claim made by Floridan Foods, LLC, for Parcels 166DE and 166TCE in the lawsuit styled Collier County v. Holistic Health Healing, Inc., et al., Case No. 12-CA-1756 (U.S. 41 Ditch/LASIP Project No. 51101) (Fiscal Impact $2,500). 3) Recommendation to approve final settlement of the class action lawsuit titled Cinquegrana v. Collier County, et al., involving red light cameras (Collier County Circuit Court Case No. 09-7628-CA). 4) Recommendation to authorize the County Attorney's Office to make an Offer of Judgment to Respondent, Naples Gateway Estates, Inc. for Parcel No. 204DAME in the amount of$3,860 in the lawsuit styled Collier County v. John D. Lawrence, et al., Case No. 11-3207-CA (LASIP Outfalls 3 & 4 Project No. 51101) (Fiscal Impact $1,000). 5) Recommendation to authorize the County Attorney's Office to make an Offer of Judgment to Respondent, Myrtle Chase, LLC for Parcel No. 206DAME in the amount of$9,960 in the lawsuit styled Collier County v. John D. Lawrence, et al., Case No. 11-3207-CA (LASIP Outfalls 3 & 4 Project No. 51101) (Fiscal Impact $1,660). 6) Recommendation to adopt a Resolution terminating the Employment Agreement with the Executive Manager to the Board of County Commissioners. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- Page 15 October 23, 2012 JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20120001606, to disclaim, renounce and vacate the County and the Public interest in a portion of State Road No. 29 (a.k.a. Copeland Avenue South) a 200-foot public road right-of-way, being a part of Section 23, Township 53 South, Range 29 East, Collier County Florida being more specifically shown in Exhibit A. B. 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 16 October 23,2012 October 23, 2012 MR. OCHS: Chairman, you have a live mike. CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission meeting is now in session. Will you please stand for the invocation by Pastor John Boutchia from the Gospel Baptist Church. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE FATHER BOUTCHIA: Gracious Father, we thank you for this wonderful day that we have together. Thank you for this meeting that will be held by these commissioners. Thank you for these dear people. We pray for these commissioners here, Coyle and Coletta, Fiala, Hiller and Henning. We pray that you just give them wisdom here today. The Bible does tell us that if we lack wisdom and we need it that all we need to do is ask of you. And so may the decisions that are made today, may they be made for the interest and well-being of the people here of Collier County, and the decisions not be made out of any political expediency but would it be that their thoughts would be towards that which would help and benefit this county. Lord, our thoughts are for our country here today nationally. Statewide we pray for the elections that are coming, that God-fearing people will be brought into office and that this country, Lord, that you would just watch over the things here. Thank you for this -- again, this meeting and the opportunity. We thank you for the people that will be recognized here today, for Michael Widner for 20 years of service, for Noemi Fraguela of the EMS department who will be recognized for 25 years. Thank you for people that have given their lives for causes such as this, and thank Page 2 October 23, 2012 you for the recognition that will be had today. And we ask all this in the name of Jesus Christ, amen. CHAIRMAN COYLE: Please join us for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Okay. County Manager, will you please go over the changes to the agenda, please. 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 October 23, 2012. The first proposed change is to withdraw Item 11E. That is withdrawn at staffs request. We'll bring that back at a later date. The next proposed change is to continue Item 16D6 from your consent agenda and bring it forward at your next meeting on November 13, 2012. The next proposed change is to add Item 16E10 to your consent agenda. This is a temporary extension of an interfacility transport COPCN. And we'll bring that back to the board for formal approval within the next two board meetings. The next proposed change is to move Item 16F1 to become Item 11K on your regular agenda. It's the presentation of the Convention and Visitors Bureau 2011 Strategic Plan. That move is made at Commissioner Hiller's request. The next proposed change is to move Item 16F4 from the consent agenda to become 11K. That's a recommendation to approve the Page 3 October 23, 2012 proposed 2013 action plan for the county manager; that item is moved at Commissioner Hiller's request. The next proposed change is to add Item 16J3 to the consent agenda under constitutional officers that are repressed by the tax collector to have the board extend the tax roll until such time as the Value Adjustment Board proceedings can be concluded. They're running longer this year. We have a couple of agenda notes this morning, Commissioners. Item 10D, the backup and staff information submitted in the agenda packet is incorrect. The information uploaded is for the Environmental Advisory Council. Revised backup material showing the Consumer Advisory Board is the correct advisory board has been distributed to each commissioner. Item 16H1, function and events section of the executive summary should read: "Attend the Greater Naples Chamber of Commerce 2012 Excellence in Industry Gala" instead of the "Wake up Naples Event." That change is made at your executive manager's request. We have two time-certains scheduled for today's agenda. First time is 11C to be heard at 11 a.m., and the next item to be heard at 1 p.m. is 13A on your agenda, and those are all the changes I have, Mr. Chairman. CHAIRMAN COYLE: Okay. Thank you. County Attorney, do you have any changes? MR. KLATZKOW: No changes, Mr. Chairman. CHAIRMAN COYLE: Okay. We will begin with -- ex parte disclosure and any other changes by commissioners with Commissioner Hiller. COMMISSIONER HILLER: With respect to the ex parte, I have no disclosures at this time. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: With respect to the agenda, I would like to pull Item K6, which is under the county attorney Page 4 October 23, 2012 recommendation to adopt a resolution terminating the employment agreement with the executive manager to the Board of County Commissioners. And also it's my understanding that the county attorney has an add-on item which is a confidentiality agreement which he has prepared, and it's my understanding that it was at Commissioner Henning's recommendation, and I'd like that introduced in the record. And I'd like a presentation on that by the county attorney. CHAIRMAN COYLE: K6 is going to go where? MR. OCHS: It will be Item 12B on your agenda, Commissioner. CHAIRMAN COYLE: 12B. COMMISSIONER HILLER: Item what? MR. OCHS: 12B. 16K6 will become Item 12B under county attorney. CHAIRMAN COYLE: All right. Is that all, Commissioner Hiller? COMMISSIONER HILLER: Well, we have to add the add-on item, which the -- there's another item. So it will be 12C -- or 12B would include a confidentiality agreement? MR. OCHS: If that's the pleasure of the board, ma'am. COMMISSIONER HILLER: Well, I'd like to ask the county attorney. CHAIRMAN COYLE: Where is it? MR. KLATZKOW: We'll have to email you guys a copy of it. I wasn't intending to take it to the board unless I was asked to take it to the board, and I have not been. Mr. Mitchell had not agreed to it, so I didn't take it to the board. COMMISSIONER HENNING: Whoa, first time I heard of that. COMMISSIONER HILLER: And, actually, my understanding from.County Attorney Klatzkow is that Mr. Mitchell has said that he would not agree to signing any confidentiality agreement until the clerk paid him his severance. Page 5 October 23, 2012 Now, I'm not sure that a confidentiality agreement is even legal or enforceable in any way, but I think that, because of what has been brought to my attention, this needs to come before the board. CHAIRMAN COYLE: When did this come up? I mean, why are we hearing about it now? COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: I mean, if it was well known between the county attorney and at least one or maybe two commissioners, well, why are you surprising the rest of the commissioners at the meeting? You know, it's not even in the agenda for the public to read. COMMISSIONER FIALA: Or for us to read. CHAIRMAN COYLE: Or for us to read. We do have an ordinance which specifies that things brought up at the last minute can be heard if the board majority of board agrees, or it can be scheduled for a hearing at the next meeting so that it gets appropriate announcement in the agenda so that the public can see it, and the rest of the commissioners can understand what's going on here. And so I'll ask the commissioners, do you want to hear it today, or do you want to postpone it until the next meeting? COMMISSIONER FIALA: How does that affect Ian Mitchell's -- I mean, is that who we're talking about? I don't even know. You know, I haven't seen anything. I spoke to the county attorney yesterday; he never mentioned it, so I have no idea what's going on. CHAIRMAN COYLE: All right. Tell me what your preferences are. Do you want to hear it, or do you not want to hear it? COMMISSIONER COLETTA: Well, question, if I may. If we hold this off, then what we do is we have to move the other item for -- CHAIRMAN COYLE: No, you don't. COMMISSIONER COLETTA: Well, I'm asking the county attorney. CHAIRMAN COYLE: Okay. MR. KLATZKOW: No, you can hear the Ian Mitchell item Page 6 October 23, 2012 without the confidentiality or the proposed confidentiality agreement. COMMISSIONER HILLER: Except, Jeff, if I may, that isn't what you represented to me. Because in our meeting together, you indicated -- when I said, is Mr. Mitchell signing a settlement agreement, you said, no, he's signing a confidentiality agreement, and that was in the meeting that we had the previous Thursday in the presence of -- MR. KLATZKOW: To refresh your recollection, there are two -- there is a confidentiality -- there is a -- there's a resolution before the board that would terminate Mr. Ian's (sic) employment with the county. His agreement with the county had provided for a confidentiality agreement which had never been entered into. We have been trying to clean that up as part of the exit strategy. Mr. Mitchell never agreed to the final agreement. I almost never bring an agreement to the board that's not been finalized because there's no point. You can agree to it,then the other side wants changes, and I've got to bring it back. But the only time I would bring an agreement to the board that's not signed is if it's with another local agency; FDOT, what have you. I don't know what to tell you. COMMISSIONER HILLER: Well, is this-- MR. KLATZKOW: You can do the resolution without the confidentiality agreement, or if it's the will of the board, you can take a look at it, but Mr. Mitchell has not agreed to it. CHAIRMAN COYLE: So it's not part of our decision-making process? MR. KLATZKOW: It does not have to be. COMMISSIONER HILLER: So the confidentiality agreement is not part of his severance? It's not part of the termination agreement? MR. KLATZKOW: No. COMMISSIONER HILLER: It's in the -- MR. KLATZKOW: There is no termination agreement. There's Page 7 October 23, 2012 a resolution by the Board of County Commissioners terminating him. There is no -- there is no termination agreement. COMMISSIONER HILLER: I don't see how you separate the confidentiality agreement, which Mr. Mitchell has tied to the payout of his severance package, and his termination today. MR. KLATZKOW: Okay. Well, you -- your resolution's basically firing him. Whether or not he signs it or not is not part of that decision-making process. COMMISSIONER HILLER: We're firing him? MR. KLATZKOW: That's essentially what you're doing, yes. You are terminating his employment without cause. CHAIRMAN COYLE: I think Commissioner Henning was first. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: It's not abnormal for a confidentiality agreement with contract employees. We've done it in the past. You know, I'm a little bit concerned that we're doing a settlement and resolution without that agreement being agreed to by all parties. It just doesn't make sense for us to do something like that. I think that needs to be settled. So in my opinion we either continue this until we have an acceptable confidentiality agreement, or this has to be a part of this resolution. CHAIRMAN COYLE: Well, is a confidentiality agreement, County Attorney, a requirement of the contract? Does the contract specify? MR. KLATZKOW: Yes. The contract specifies he would enter into a confidentiality agreement, but you're firing him. CHAIRMAN COYLE: Yeah. Okay. COMMISSIONER COLETTA: If I may? CHAIRMAN COYLE: Okay, go ahead. Wait. No, Page 8 October 23, 2012 Commissioner Fiala was next. COMMISSIONER COLETTA: Forgive me. COMMISSIONER FIALA: That's just what I was going to say. Is this normal? And who came up with this idea, and why is it being presented at the 11th hour? MR. KLATZKOW: I'm not presenting this, ma'am. I'm just saying that we had this -- you know, Commissioner Henning noted to us that his contract required a confidentiality agreement. This was a couple weeks ago. Since that time we discovered that that's true. We've been talking to Mr. Ian (sic). Mr. Ian's never agreed to one. But it really -- you can proceed as you are without having a confidentiality agreement, if that's the desire of the board, or you can restructure this as a termination agreement including a confidentiality clause, but that's a very different agenda item. COMMISSIONER HILLER: Well, when we had our meeting - CHAIRMAN COYLE: Commissioner Hiller, wait a minute. We have Commissioner Coletta ahead of you. COMMISSIONER HILLER: Forgive me. COMMISSIONER COLETTA: I, for one, want to proceed with this item. If the confidentiality agreement could be done after the fact CHAIRMAN COYLE: Uh-uh. COMMISSIONER COLETTA: -- I have no problem with that. I can understand Mr. Mitchell's reluctance to sign off totally and walk away and be left in limbo. He's looking for a little bit of assurance, and I have no problem with that. Knowing the circumstances that exist out there, I think it's a wise move on his part. CHAIRMAN COYLE: Okay. Commissioner Hiller, and then we'll take a vote. COMMISSIONER HILLER: Again, when I had the meeting with the head of payroll for the Clerk's Office, Mr. Mitchell, Mr -- and Mr. Klatzkow, what Mr. Klatzkow said when I asked if a settlement Page 9 October 23, 2012 agreement was going to be signed as part of this termination, his response was, no, and that instead of a confidentiality agreement -- I'm sorry. Instead of a settlement agreement, there would be a confidentiality agreement signed, which Mr. Mitchell agreed was the appropriate approach. I questioned the legality of such an agreement. I don't think it's appropriate. I don't believe there is anything that can be kept confidential as it relates to government business with respect to Mr. Mitchell's position. And I think that the fact that Mr. Mitchell has clearly said that he won't sign this agreement unless he is paid by the clerk and this is what Mr. Klatzkow has relayed to me then that raises concerns in my mind, and I want to know what's going on. I want to have an understanding. Now, I have mails with Mr. Klatzkow, which all of you are welcome to have. They're all a matter of public record, and anyone is welcome to read them. And I encourage you to go back when this issue was first raised and read all the communications on this matter. This is a very serious issue. And I think continuing this and not discussing it today in tandem with Mr. Mitchell's termination is not the correct decision. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: I'm having a little trouble grasping this. If everything we do is a matter of public record, then what is the confidentiality? Everything we do is a matter of public record. I don't understand. MR. KLATZKOW: It was the desire of the board -- COMMISSIONER FIALA: There is a complete dichotomy there. MR. KLATZKOW: It was the desire of the board, when you entered into your agreement with Mr. Mitchell, that he be able to -- you be able to confide with him and that he would keep it to himself, Page 10 October 23, 2012 all right. These are primarily oral conversations, since obviously public records are public record, all right. Mr. Ian's -- and that was in Mr. Mitchell's contract. That agreement was never entered into. As a cleanup item -- you know, when we're going through this, it was noted that he hadn't done this. So as a cleanup item, we were going to have him execute it. Mr. Mitchell declined. COMMISSIONER HENNING: Just one thing. CHAIRMAN COYLE: Well, I don't know what information we're trying to suppress here, but it just doesn't smell good to me. Commissioner Henning, go ahead. COMMISSIONER HENNING: Just pull, the item. It's in the contract, Section 16, County Attorney. Look at it; give us advice on what it says, okay. Would can discuss this, you know, later on. I mean, the contract is really simple in my opinion. So let's pull it, hear it, make a decision about the resolution. And the contract is a part of our agenda. CHAIRMAN COYLE: Well, I don't see the contract as being part of our agenda, but -- COMMISSIONER HENNING: It is. COMMISSIONER HILLER: It most certainly is. CHAIRMAN COYLE: -- the issue -- not the contract provision requiring the confidentiality agreement. If we have employed Mr. Ian for years and we haven't negotiated a confidentiality agreement with him, the fault is ours, not with Mr. Mitchell. So let's not assume that he has an obligation to do anything in that respect at this point in time. So Commissioner Hiller has asked that Item 16K6 be pulled, and it will go to 12B if the board approves it, and I am inclined to support it. So what other information, other changes do you have, Commissioner Hiller? COMMISSIONER HILLER That's it. Page 11 October 23, 2012 CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. As far as disclosures go on the consent agenda, I have no disclosures. On the summary agenda, I met with staff, and this is regarding the Copeland Avenue South issue. That's it. CHAIRMAN COYLE: Okay. I have no further changes to the agenda, and I have no disclosures for the consent agenda or the summary agenda. Commissioner Coletta? COMMISSIONER COLETTA: Sir, I have no changes to the agenda and no disclosures to make. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: No changes to today's agenda. I do have ex parte on the add-on item, 16E10. That's the only ex parte communications I have. So I`ll make a motion to approve the agenda as amended. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion by Commissioner Henning to approve agenda as amended, 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: The motion passes unanimously. COMMISSIONER FIALA: Mr. Chairman, could I just ask a fast question? CHAIRMAN COYLE: Sure. Page 12 October 23, 2012 COMMISSIONER FIALA: We're moving Ian Mitchell's. I don't even know what number that is, and we're moving onto what number? CHAIRMAN COYLE: 16K6 is going to 12B. COMMISSIONER FIALA B. CHAIRMAN COYLE: Bravo, bravo. 12 Bravo. Page 13 Proposed Agenda Changes Board of County Commissioners Meeting October 23,2012 Withdraw Item 11E: Recommendation to award a construction contract to Oldcastle Southern Group,Inc.(f/k/a APAC-Southeast,Inc.)for Bid No. 12-5948-Immokalee Road Safety Improvements Project No.60016.4,in the amount of$1,906,761.14. (Staff's request) Continue Item 16D6 to the November 13,2012 BCC Meeting: Recommendation to approve a budget amendment recognizing$199,478.74 in program income revenue generated when conveying properties acquired under the Neighborhood Stabilization Program(NSP1). (Staff's request) Add On Item 16E10: 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 grant an extension to the current Certificate of Public Convenience and Necessity approved by the Board to Ambitrans Medical Transport,Inc.,until December 13,-2012 or until such time that this renewal may be scheduled on the Board's regular agenda. (Staff's request) Move Item 16F1 to Item 11K: Recommendation to approve the Fiscal Year 2013 Strategic Plan for the Naples Marco Island,Everglades Convention &Visitors Bureau(CVB). (Commissioner Hiller's request) Move Item 16F4 to Item 11L: Recommendation to review and approve the proposed FY2012 2013 Action Plan for Leo E.Ochs,Jr.,County Manager. (Commissioner Hiller's request) Add On Item 16J3: Recommendation that the Board of County Commissioners order that the tax roll be extended pursuant to Section 197.323,Florida Statutes. (Staff's request) Note: Item 10D: The back-up and staff information submitted in the agenda packet is incorrect. The information uploaded is for the Environmental Advisory Council. Revised back-up material showing the Consumer Advisory Board as the correct advisory board has been distributed to each Commissioner. Item 16H1: Function/Event section of the Executive Summary should read: Attended the Greater Naples Chamber of Commerce 2012 Excellence in Industry Awards Gala at the Hilton,Naples FL. (Executive Manager to the BCC request) Time Certain Items: Item 11C to be heard at 11:00 a.m. Item 13A to be heard at 1:00 p.m. 11/8/201212:09 PM October 23, 2012 Item #2B and #2C SEPTEMBER 20, 2012, BCC BUDGET MEETING AND THE SEPTEMBER 25-26, 2012 BCC REGULAR MEETING MINUTES — APPROVED CHAIRMAN COYLE Okay. Now we have minutes for the September the 20th, 2012, BCC budget hearing and minutes for September 26, 2012 -- COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: for the BCC regular meeting. Motion to approve those minutes by Commissioner Coletta. COMMISSIONER FIALA: And I'll second that. CHAIRMAN COYLE: Seconded by Commissioner Hiller. COMMISSIONER FIALA: No, that's me, Fiala. CHAIRMAN COYLE: Oh, was that? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: You were looking the other direction. COMMISSIONER FIALA: I know I was. CHAIRMAN COYLE: Okay. All right. COMMISSIONER FIALA: It was me. CHAIRMAN COYLE: So it was seconded by Commissioner Fiala. COMMISSIONER HILLER: But we're like two peas in a pod. Just the blonde pea and the brunette pea. COMMISSIONER FIALA: Oh, there you go. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. Page 14 October 23, 2012 COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion carries unanimously. That brings us to service awards, County Manager. Item #3A1 SERVICE AWARDS — EMPLOYEE - 20 YEAR ATTENDEES MR. OCHS: Yes, sir. We have two today. If the board would please join us in the front of the dais. Commissioners, our first service award recipient celebrating 20 years of service with our library department is Michael Widner. Michael? (Applause.) CHAIRMAN COYLE: Thank you very much for your service. COMMISSIONER HILLER: Congratulations. COMMISSIONER FIALA: Thanks for all your service. COMMISSIONER HENNING: Thank you, sir. COMMISSIONER COLETTA: Thank you for your service. (Applause.) Item #3A2 SERVICE AWARDS EMPLOYEE — 25 YEAR ATTENDEES MR. OCHS: Celebrating 25 years of service with the EMS department, Noemi Fraguela. Neomi? (Applause.) COMMISSIONER HILLER: Thank you. Page 15 October 23, 2012 MS. FRAGUELA: Thank you. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: Thank you for your service. COMMISSIONER HENNING: Thank you for your service. MR. OCHS: That concludes our service awards, Commissioners. (Applause.) Item #4 PROCLAMATIONS ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS ADOPTED MR. OCHS: That takes us to Item 4 on your agenda,Mr. Chairman, proclamations. Item #4A PROCLAMATION SUPPORTING THE CONTINUATION OF THE "287G" PARTNERSHIP BETWEEN THE COLLIER COUNTY SHERIFF'S OFFICE AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, WHICH ALLOWS FOR THE IDENTIFICATION, ARREST AND REMOVAL OF CRIMINALS ILLEGALLY PRESENT IN THE UNITED STATES. ACCEPTED BY CHIEF SCOTT SALLEY ON BEHALF OF SHERIFF KEVIN RAMBOSK— ADOPTED MR. OCHS: Item 4A is a proclamation supporting the continuation of the 287(g) partnership between Collier County Sheriffs Office and the United States Department of Homeland Security which allows for the identification, arrest, and removal of criminals illegally present in the United States. To be accepted by Chief Greg Smith on behalf of Sheriff Kevin Rambosk. Page 16 October 23, 2012 This item sponsored by Commissioner Coyle. CHAIRMAN COYLE: And Chief Smith is here. Chief, I'm going to depart a little bit from our normal procedure. I need to read something from this proclamation. We don't always read the entire proclamation, but I'd like to read some excerpts from this proclamation. As many of you know -- you've probably read newspaper reports about the 287(g) program being terminated by the federal government, and this is a partnership that has been established by many local law enforcement agencies throughout the United States with the federal government and the Department of Homeland Security to identify illegal aliens who have been convicted of crimes. And the current partnership between Collier County and the Department of Homeland Security has been responsible for the identification, arrest, deportation of 4,000 individuals who were responsible for the commission of over 27,000 crimes; 27,000 crimes. They are repeat criminal offenders. And as a result of these people being deported, our jail population has declined to the point where we no longer have to maintain the Immokalee jail, and we have excess beds in the jail here on this campus. It saves taxpayers a huge sum of money by removing repeat criminal offenders. That is a very important part of keeping our community safe. And the board, I hope, is going to unanimously endorse this resolution. And, Chief, if you and SALLEY will come up, we'll have a presentation of this, and pictures. (Applause.) CHIEF SMITH: On behalf of Sheriff Rambosk, thank you for this proclamation. He sends his greetings and both regrets that he could not be here today. There has been a lot said recently both in support and on the counter to our participation in the 287(g) program. And I could stand Page 17 October 23, 2012 up here ad nauseam and extol on the benefits this program has delivered to the citizens of Collier County, but it's really important to clarify that there's two things that are required for a person to be removed from the community under the 287(g) program. First of all, they have to have committed a crime, usually a felony; and, secondly, once they've committed that crime, it has to be determined that they were in the country illegally to start with. We're not -- you know, despite what you may hear or what's represented by others, we're not out there trying to enforce immigration law. We're simply identifying these people who have committed and continue to commit and prey on the good citizens of this county, and we're processing those people for a further look by ICE and Customs Enforcement for removal from the community. And as Commissioner Coyle said, you know, we've removed thousands of would-be criminals who would otherwise still be here still preying on the citizens of our county. So, again, it's something that the sheriff intends to continue as long as it's a program offered to him by the United States Government, and we thank the board for their continued support as well. Thank you. CHAIRMAN COYLE: Thank you very much. Thank you. Scott? CHIEF SALLEY: Just for the record, my name's Scott SALLEY, chief of corrections. I've had the good fortune of watching this program develop since it was just a concept. But what the leadership of Collier. County, the citizens of Collier County, what you expect -- I'm sorry -- what you demand is a safe county, and by implementing 287(g) we can deliver that product for you. We do not -- the sheriffs, the Collier County Sheriffs Office, does not deport. We transfer those individuals, and they have a hearing on the East Coast, and it's up to the United States Government Page 18 October 23, 2012 on the status of those individuals. We follow the law. That's all we do. And, again, that is not expectation, that is a demand, and we are here to serve. Thank you. CHAIRMAN COYLE: Thank you very much. (Applause.) Item #4B PROCLAMATION RECOGNIZING OCTOBER 26, 2012.AS THE 13TH ANNUAL RED WALK FOR COLLIER COUNTY PUBLIC SCHOOLS. ACCEPTED BY DR. SUSAN BARCELLINO AND CRAIG GREUSEL — ADOPTED MR. OCHS: Item 4B is a proclamation recognizing October 26, 2012, as the 13th Annual Red Walk for Collier County Public Schools. To be accepted by Dr. Meredith Kirby and Craig Greusel. This item is sponsored by Commissioner Fiala. If you'd please step forward and receive your proclamation. (Applause.) CHAIRMAN COYLE: Good morning. COMMISSIONER HILLER: Congratulations. COMMISSIONER FIALA: Thank you. You're always involved with those good things, aren't you? COMMISSIONER HILLER: Congratulations. COMMISSIONER FIALA: And I'll be there. MR. GREUSEL: That's right. CHAIRMAN COYLE: Is someone going to say something? MR. GREUSEL: No, we're good. See you Friday. CHAIRMAN COYLE: All right, good. (Applause.) Page 19 October 23, 2012 Item #4C PROCLAMATION DESIGNATING OCTOBER 25, 2012 AS NARCOTICS OVERDOSE PREVENTION & EDUCATION (NOPE) NATIONAL CANDLELIGHT VIGIL DAY IN COLLIER COUNTY. ACCEPTED BY FRANK NAPPO, PRESIDENT, ANA DIMECURIO AND MELANIE BLACK, DRUG FREE COLLIER; EMILY CASTILLO AND COLLEEN DESWAL, DAVID LAWRENCE CENTER; AND SANDI SMITH AND MARLEE ROGNRUD, THE WILLOUGH — ADOPTED MR. OCHS: Item 4C is a proclamation designating October 25, 2012, as Narcotics Overdose Prevention and Education National Candlelight Vigil Day in Collier County. To be accepted by Frank Nappo, president; Ana DiMercurio and Melanie Black, Drug Free Collier; Emily Castillo and Colleen Deswal, David Lawrence Center; and Sandi Smith and Marlee Rognrud, The Willough. Sponsored by Commissioner Fiala. If you'd please step forward and receive your proclamation. CHAIRMAN COYLE: And who isn't here to receive this proclamation? (Applause.) CHAIRMAN COYLE: Who gets it? Who's going to get it? Okay. Congratulations. COMMISSIONER HILLER: Congratulations. COMMISSIONER COLETTA: Thank you so much. COMMISSIONER HENNING: Congratulations. CHAIRMAN COYLE: Congratulations for the work you do. COMMISSIONER HILLER: Congratulations. MR. NAPPO: Thank you so much. CHAIRMAN COYLE: Is someone going to speak? Page 20 October 23, 2012 MR. NAPPO: Yes. CHAIRMAN COYLE: Okay. MS. CASTILLO: Good morning,Commissioners. The Narcotics Overdose Prevention and Education Candlelight Vigil is in memory of those who -- those lost to drug- and alcohol-related incidents and those suffering from the disease of addiction. Our intention is to raise awareness on the issue of substance abuse and to remove the stigma associated with addiction. We want to educate the community members about the dangers, consequences of prescription drug misuse and abuse, as well as other substances and drug overdose. Addiction not only affects the individual but also the family members of the addict. This vigil will take place October 25th at 6 p.m. in Cambier Park located at 580 8th Street South in Naples. The night will start off with the Honor Guard and the Pledge of Allegiance followed by community members who have lost loved ones through addiction. We ask you to please join us in remembering those who've lost their life with the fight of addiction at this great community event. Thank you. (Applause.) CHAIRMAN COYLE: Thank you. Item #4D PROCLAMATION RECOGNIZING THE FOURTH ANNUAL NAPLES INTERNATIONAL FILM FESTIVAL AND ITS` OPENING NIGHT FILM, "HONOR FLIGHT." ACCEPTED BY SHANNON FRANKLIN, EXECUTIVE DIRECTOR, NAPLES INTERNATIONAL FILM FESTIVAL — ADOPTED MR. OCHS: Item 4D is a proclamation recognizing the Fourth Page 21 October 23, 2012 Annual Naples International Film Festival and its opening night "Honor Flight." To be accepted by Shannon Franklin, executive director, Naples International Film Festival. This proclamation is sponsored by Commissioner Coyle. Please come forward. (Applause.) CHAIRMAN COYLE: I'm going to tell them a little bit about what's going on here, okay. Do you mind? MS. FRANKLIN: No, not at all. CHAIRMAN COYLE: Okay. Although this is a proclamation for the national -- Naples International Film Festival, it's about more than that. They begin the film festival, this next -- well, November the 1st through November the 4th in Naples, but they're doing something else to recognize the World War II generation. They will spotlight, in the opening night presentation, the film documentary "Honor Flight." "Honor Flight" takes volunteers from the national group Honor Flight Network who gathered together veterans and take them -- fly them to Washington, D.C., to have a tour of veterans memorials in Washington, D.C. And to date they have flown more than 80,000 veterans to the nation's capitol over the last eight years. So we're very happy to recognize the Naples International Film Festival and wish you the greatest success. And everyone should turn out for the films that they'll be previewing during that period of time. So thank you very much for your good work and your help with veterans. Thank you. MS. FRANKLIN: Thank you so much. (Applause.) CHAIRMAN COYLE: You can take that one. MS. FRANKLIN: Okay, great. CHAIRMAN COYLE: Take that podium. Page 22 October 23, 2012 MS. FRANKLIN: Thank you so much. I just wanted to thank everyone on behalf of the Naples International Film Festival. Thank you to the Collier County Board of County Commissioners for this wonderful honor. We truly appreciate your continued support, and we will work very hard here in our fourth year, November 1st through the 4th, to provide a world-class film festival for our community and continue to work with our volunteers and all our wonderful patrons to help bolster the arts and cultural lifestyle here in Collier County. So thank you again for all your support. We appreciate it. CHAIRMAN COYLE: Thank you. (Applause.) MR. OCHS: Commissioner, if I could get a motion to approve the proclamations this morning, please. COMMISSIONER FIALA: Motion to approve all the proclamations. COMMISSIONER HILLER: Second. CHAIRMAN COYLE: Motion to approve the roclamations b p by Commissioner Fiala, second by Commissioner Hiller. 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 proclamations are approved unanimously. Thank you. MR. OCHS: That takes us to Item 5 on your agenda this morning, Commissioners; presentations. 5A, I understand that the young student may not yet be here. Page 23 October 23, 2012 COMMISSIONER HILLER: Not yet. He's on his way. His principal is bringing him over CHAIRMAN COYLE: We'll do that one last, then. Item #5B PRESENTATION RECOGNIZING HEROIC AND VALIANT LIFESAVING EFFORTS OF EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT FIREFIGHTER MANUEL S. MORALES PRESENTED MR. OCHS: Okay. Then we'll move to Item 5B. It's a presentation recognizing the heroic and valiant life-saving efforts of East Naples Fire Control and Rescue District Firefighter Manuel S. Morales. This item is to be presented by Commissioner Fiala. COMMISSIONER FIALA: Thank you MR. OCHS: Commissioner? COMMISSIONER FIALA: Yes. Thank you very much. First, before I do this, Manny, would you like to come forward, please. MR. MORALES: Yes, ma'am. COMMISSIONER FIALA: I already have his picture right here. I just want to tell you briefly about Manny. He was traveling home in uniform, by the way, after completing his duty shift. And while traveling eastbound on U.S. 41 in Ochopee, Firefighter Morales witnessed a car traveling westbound, and it struck a guardrail,rolled over, and ended upside-down in a swampy area. Firefighter Morales immediately stopped and activated the 911 system. He asked bystanders if anyone had exited the partially submerged vehicle and was told by elderly bystanders that none had exited the vehicle. With total disregard for his own safety, Firefighter Morales Page 24 October 23, 2012 submerged himself several times, with no diver-safety gear, searching the SUV for victims. As he was submerging a third time, Firefighter Morales located the hand of a victim and began extricating him from the vehicle. As Firefighter Morales continued his efforts to remove the victim, he began -- it began to sink into the soft murky bottom of the swamp, endangering his own life. After verifying there were no other victims in the SUV, Firefighter Morales pulled the victim, who was bleeding, ashen in color, and vomiting and thrashing violently in the water to the safety of a shore. After successfully removing the victim from the water, Morales began caring for the victim utilizing an on-scene park ranger's first-aid kit, evaluated the victim's vital signs, and continued emergency patient care until the arrival of the Ochopee Fire Department. Identifying himself as an off-duty East Naples Fire Department -- and he's a paramedic -- Morales continued to coordinate patient care until the arrival of Collier County EMS. Upon arrival of the Collier County EMS, the patient was stabilized, conscious, and alert. And it is my esteemed pleasure to introduce you to Manny Morales. Thank you very much. (Applause.) COMMISSIONER FIALA: Thank you so much. CHAIRMAN COYLE: Manny, congratulations. Thank you so much. COMMISSIONER COLETTA: Thank you so much. COMMISSIONER HENNING: Good job. COMMISSIONER FIALA: Manny, you could put this also on your -- I don't know what you can do with it, but maybe on the wall at work or home or something, aside from the plaque. MR. MORALES: Yes, ma'am. Thank you so much. COMMISSIONER FIALA: He's a real hero, folks. Page 25 October 23, 2012 COMMISSIONER COLETTA: He sure is. MR. MORALES: May I say a few words? COMMISSIONER FIALA: Sure. CHAIRMAN COYLE: Sure. (Applause.) MR. MORALES: Good morning, Commissioners and public citizens. Thank you. I would like to first and foremost thank God for giving us the men and women in uniform, the courage, the strength to do what we do. It is our passion. And, honestly, without our men and women and the Sheriffs Department, Collier County EMS, and our fire department -- we co-exist and we take our energy from one another to do better and excel. And we do what we do because it is our passion. And God gave us the strength, and we feed off of one another. Also I would like to acknowledge my crew, my chief, Chief Schultz; my lieutenant, Kevin Nelms; and driver/engineer Chris Diaz and all of our public safety personnel. Thank you. Without them - for them we accept this award. Thank you so much. (Applause.) Item #5C PRESENTATION BY MARK ELSNER OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT, PROVIDING AN UPDATE ON THE LOWER WEST COAST WATER SUPPLY PLAN, AS REQUESTED BY COMMISSIONERS DURING THE BIG CYPRESS BASIN JOINT WORKSHOP HELD ON APRIL 27, 2012 PRESENTED MR. OCHS: Commissioners, Item 5C is a presentation by Mark Elsner of the South Florida Water Management District providing an update on the Lower West Coast Water Supply Plan as requested by Page 26 October 23, 2012 commissioners during the Big Cypress Basin joint workshop held on April 27, 2012. Good morning, Mr. Elsner. MR. ELSNER: Hi, good morning. That's a tough act to follow. For the record, I'm Mark Elsner. I'm the administrator of the water supply development section of the South Florida Water Management District. I appreciate you allocating some time for me to come talk to you about our Lower West Coast Water Supply Plan update. Last time I was here was back in 2010, and at that time I was describing the process on how we were going to update our 2005/2006 Lower West Coast Water Supply Plan. Since then we've been meeting, working hard, and we have a draft document. And I'm here today to give you an overview of the work that's been accomplished and what this plan is saying. This represents thousands of hours by our stakeholders and our staff in putting this together, and we really appreciate Collier County's participation in this, and especially George Yilmaz and Paul Mattausch. What is the water supply plan? Simply speaking, it's a road map on how we're going to meet our water needs over the next 20 years. And this plan, it's through 2030. The Lower West Coast is one of four planning regions the district is developing regional water supply plans for. It includes Lee County, most of Collier County, and portions of Charlotte, Glades, Hendry, and Mainland Monroe County. You know, one thing, as a part of a road map, is it is includes the strategies and projects that are going to be needed to meet those needs over the next 20 years. An important part of this is water supply plans are updated every five years to stay current. And if you look over the last five to seven years, it's a testament of why we need to continue to update these regularly based on the current situation. Public participation is critical to ensure that our plans address the Page 27 October 23, 2012 needs and concerns of the area. We used a whole host of forums and methods to solicit that input. The primary forum that we used was through the district's Water Resources Advisory Commission. This is an advisory body to our governing board, and it's made up of appointed stakeholders by our governing board members; and they represent businesses, utilities, environmental interests, agricultural interests, and a whole diverse group. Our Water Resource Advisory Commission, or WRAC, meets on a monthly basis. And as part of the stakeholder meetings that we held here, they're of the issue workshop under our WRAC. As part of this process, we had five workshops, and really seven, because the last two meetings we actually held a meeting in Collier County, and then we went up and did the same meeting in Fort Myers to go ahead and facilitate input locally from those two counties. For the planning area we're estimating the population has increased by about 51 percent to about 1.5 million people in this area, and we use population projections from the University of Florida Bureau of Economic and Business Research. Most of the local governments do utilize this as a resource in developing your comprehensive plans also. Besides the population, there is a significant agricultural industry in this area, and we're projecting that to grow 18 percent to about 333,000 acres to 362,000 acres. And with those urban and agricultural uses, we're projecting water demand to increase by about 30 percent to about 1.2 billion gallons a day. Sorry. All right. For breaking this down to Collier County, we're projecting the population's going to increase by about 38 percent to about 472,000 people. Agricultural industry is going to stay consistent at about 89,000 acres, and we're estimating that water demands are going to.increase Page 28 October 23, 2012 by about 14 percent to about 336 million gallons a day. This just shows the utility service areas in Collier County. These are utilities that are greater than 100,000 gallons a day. And as you can tell, by far Collier County is the largest utility provider in the county. What are the challenges that this area's facing in the way of water supply? A lot of our fresh groundwater sources, the development has been maximized so that there is additional fresh groundwater available, but it's going to have to be on a permit-by-permit or application-by-application basis, and it's limited by concern over harm to wetlands, the potential for saltwater intrusion, as well as aquifer protection. With two-thirds of the rainfall falling during the wet season, storage is very important in the way of surface water availability. And because of the lack of storage, surface water availability is limited throughout the year. And also, because of lack of storage, those freshwater discharges to our estuarine environments is also affecting the quality of those environments. Every plan needs tools, and these are the tools in our toolbox. They consist of continued use of freshwater sources, such as fresh groundwater and surface water; continued use and expansion of alternative water supplies, such as reclaimed water, saline water from the Floridan aquifer; and also better management and capturing that surface water during the rainy season through reservoirs and aquifer storage and recovery for use at a later time; and, of course, conservation, and I'll get into that a little bit more. This area could be considered as a poster child for implementation of these tools. Every one of them has -- pretty much has been implemented in this area. In the region, 90 percent of the wastewaters were used for a beneficial purpose. Over 40 percent of the public water supply treatment is consisting of reverse osmosis of brackish water, and conservation has been a big part of what you do Page 29 October 23, 2012 here. Aquifer storage and recovery is also being utilized by many of the utilities in this area, storing reclaimed water, groundwater, as well as surface water and treated drinking water. With the tools in the toolbox and looking forward, this is how we see the future needs being met. And if you go across the top here, these are our water source options, our tools. Here are just three of our user groups. And from a public water supply standpoint, we still see continued use of fresh groundwater and increases in use of brackish water. Storage is going to be really important, and primarily through aquifer storage and recovery, and, of course, conservation. From a landscape irrigation standpoint, continued use of fresh groundwater, increased use of reclaimed water and, of course, increased conservation. Conservation is really important for all uses and all sources. And the cheapest gallon of water is a gallon we don't use. And what we mean by that is if we can go ahead and conserve that water, that's a gallon that a local utility and local government doesn't have to provide. And looking forward, most of that's going to be coming from alternative water supplies, and conservation is much more cost effective in developing those supplies. So we want to go ahead and maximize the efficiency of use of all of our resources. This area from conservation is pioneer. In 2003 you asked to have a rule developed that would limit landscape irrigation to three days a week. That was put in place. The district took that concept and implemented it district-wide in 2010 with our district-wide year-round landscape irrigation conservation measures rule. And this rule endorsed a two-day-per-week irrigation requirement; however, for counties wholly within the Water Management District, it allowed for three days a week where utilities could not support a two-day-a-week schedule. What we're asking is that local governments like yourself work Page 30 October 23, 2012 with your utility department to look to see if you could support a two-day-a-week landscape irrigation rule to further conservation. In this area Lee County and Cape Coral have adopted two-day-per-week ordinances. An important part of the year-round rule is it doesn't affect the use of reclaimed water. That's still exempt and can be used at any time. And in the bottom here just shows the per-capita use, and over time you can see that it's gone from 194 gallons per day per person in 1990 down to 151 in 2005. So there is a conservation ethic that's being established here, and that's reflected in the demands. So what's the plan saying for the future? We need to go ahead and improve the understanding of fresh groundwater sources maintain our aquifer monitoring program. It's a complicated system that you have here in the way of aquifers. And we have minimum flows in levels and what we call maximum development levels, and we need to do more work in defining what that is and what water may be available for use. We actually have a partnership with Collier County looking at monitoring. This was a -- we're in our fourth year now, but we've worked with Collier County and the USGS in putting together a comprehensive monitoring program to look at water quality and detect changes in water quality as well as the potential for saltwater intrusion. The plan's recommending continued increase and promotion of water reuse and conservation. We want to work with local governments in understanding sea level rise and the potential impact on public water supply wellfields as well as other water users. We have a Floridian aquifer model that's been completed, and we're in the process of updating it with peer-review comments. It will be available to look at use of the Floridan aquifer regionally. Promotion of local storage projects. Given two-thirds of the rainfall falls during the wet.season, how can we hold that water back Page 31 October 23, 2012 for later use? And we're looking with Collier County in potentially partnering on two projects, the North Golden Gate Estates Flowway Restoration Project as well as the Northern Belle Glade --Belle Meade Rehydration, which this will capture water, recharge groundwater, and reduce flows to our estuarine systems. For the Caloosahatchee River, construction of the C43 west basin storage reservoir that will allow us to provide water to meet minimum flows and levels to the rivers. And then I'll get into it in a minute, but coordination with local governments and utilities on water supply related elements, which is going to be part of your Comprehensive Plan. So what did the plan conclude? It concluded that future water demands of the region can be -- can continue to be met through the 2030 planning horizon with appropriate management and continued diversification of water supply sources. This is contingent upon several things: Utilities completing the projects that they've identified; site specific refinement of groundwater availability; and construction of the C43 reservoir for environmental needs. And this conclusion has a significant emphasis on water conservation as well as diversification of water supply sources through reuse and brackish water. I've got to recognize Collier County and applaud the leadership of Collier County in the -- in looking ahead, and you guys position yourselves very well. Fifty-five percent of your public water supply capacity is reverse osmosis and using brackish water. You're reusing about 90 percent of your wastewater for a beneficial purpose. You've implemented aquifer storage and recovery for drinking -- storing drinking water when it's available, and you're currently developing a program to store reclaimed water, surface water, and groundwater, supplement your reclaimed water, and you've developed supplemental sources to maximize the use of your Page 32 October 23, 2012 reclaimed water. So you guys -- Collier County has positioned itself very well in the way of meeting your future needs. And we have supported that and have been there with you. Over the last 15 years, between the Water Management District and the Big Cypress Basin, we've allocated over $15.8 million to partner with Collier County in development of 35 alternative water supply projects. Our plan -- our water supply plan and your Comprehensive Plan are linked. Through this process we've worked with your utility department identifying projects that they're going to use to meet your future needs. After we approve this plan, Collier County will have 18 months to go ahead and update your Comprehensive Plan and the water facilities part of that incorporating the project's -- or updating your 10-year facilities work plan to incorporate the projects that we've identified or other projects to meet those future needs. So what's next? Our document was published in September. We've been meeting with local governments and making presentations as well as the stakeholder. We plan on bringing this back to our Water Resources Advisory Commission in November, as well as our governing board for final approval on November 15th. You can go to our website for more information, and all three documents that make up this plan are posted there. And with that, that's a very brief summary of thousands of hours of work. Any questions? CHAIRMAN COYLE: Okay. Questions, board? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Just a few little comments here. First of all, I want to say thanks to our taxpayers, we have been allowed to work with you so well, and that's why we have an exemplary program as far as our future water sources go. And I want to say -- I want to ask you if you can tell me, please, first how Page 33 October 23, 2012 beneficial is the CREW land to our future water resource? You work with us on that, and I'm on their board. Secondly, I want to commend -- and maybe you can back this up -- our Conservation Collier Program. This is -- the voters voted to do this, you know, buying up land to protect our future water resources as well as, of course, environmentally sensitive land, et cetera. And L want to know if that has helped you a great deal. MR. ELSNER: Okay. I can't talk to specifics about Conserve (sic) Collier but just in general. Like, the CREW lands, anytime that we can go ahead and maintain land in a natural state -- there is natural storage there, and one of the challenges we have is we urbanized and developed South Florida; we got rid of a lot of that natural storage. So by preserving it, maintaining it, and holding water, that allows more water in the system. It allows groundwater recharge, but it decreases the amount of water going to our estuarine system, so it's a positive, positive, positive. COMMISSIONER FIALA: Right. I feel so, too. Can you tell me where we stand right now with our water table at the end of this rainy season? MR. ELSNER: Actually, the last month has been a boom month all across South Florida. You know, going through the dry season, you guys weren't getting the rainfall that the East Coast was, but the last month and a half has brought that up, and water levels are right at where they should be for the end of the season here. COMMISSIONER FIALA: Boy, that's the first time in a few years we've ended up that way, isn't it? MR. ELSNER: Yes. As part of our water shortage team, it's a good thing. COMMISSIONER FIALA: And I want to say -- I want to give credit to BCB, to Big Cypress Basin. They have worked right along with us as a partner, and they deserve a lot of credit for helping us with a lot of this funding, as well as South Florida Water Management Page 34 October 23, 2012 District. Thank you. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Thank you for your presentation, Mark. Could you go to the schedule that shows Collier County and the population projections, as well as the water needs to serve that. MR. ELSNER: This one? COMMISSIONER HILLER: Yeah. I think that schedule is extremely important as it relates to our Comprehensive Plan. And I think what is critical is that the numbers that you present here are consistent with the projections with respect to population in the balance of the Comp Plan, and I'm not sure that the numbers that you have here are, in fact, the numbers that we are using for that timeline, and I'd like verification of that, because if this is the number we're going to use, it needs to be used for everything. MR. ELSNER: Yes. COMMISSIONER HILLER: And it's critical, because my concern is that if the numbers and the planning that the county is engaging in differs materially, then your gross water demands will be thrown off, and where you think we've done great, we, in fact, may not be in a good position. So I think it's very important that staff work with you and that at the end of the.day when we do see that Comp Plan come back to us, I would like to see this reconciliation myself: MR. ELSNER: And that's an excellent point. We spend a lot of time up front and working with the local government planning departments and utilities in coordination of these numbers and agreement with them. They were based on the 2009 BEBR numbers. Those have been updated over the last several years. We have gone`back and looked at those numbers, and we're within one and a half -- 1 to 2 percent of the current projects of that, Page 35 October 23, 2012 but that consistency is really important. COMMISSIONER HILLER: It is, extremely so. So, you know, if -- Leo, if you could make a note of that -- MR. OCHS: Yes, ma'am, I am. COMMISSIONER HILLER: -- and if we could bring that back at that time, and I'll have my aide do the same. MR. OCHS: Very good. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay. Thank you very much for your presentation. MR. ELSNER: Thank you very much. Item #5A PRESENTATION RECOGNIZING JACKSON BONAR, AN 11 YEAR OLD STUDENT AT OAKRIDGE MIDDLE SCHOOL, FOR BRAVERY AND HEROISM — PRESENTED CHAIRMAN COYLE: That brings us back to 5A. Is Jackson Bonar available? DR. PATTON: He is. MR. OCHS: Yes, sir. COMMISSIONER HILLER: Yes, he is. DR. PATTON: He's coming. MR. OCHS: Commissioners, 5A then would be a presentation recognizing Jackson Bonar, an 11-year-old student at Oak Ridge Middle School, for his bravery and heroism. And this item will be presented by Commissioner Hiller, and we're very pleased to have Dr. Patton in the office -- in the audience with us this morning. COMMISSIONER HILLER: And we also -- Superintendent Patton, welcome. DR. PATTON: Thank you. Page 36 October 23, 2012 COMMISSIONER HILLER: And Mr. Studland representing Rick Scott's office is also with us. Before I introduce our guest of honor today, I'd like to read an article from the Naples Daily News. Don't be surprised. And this article is written by a reporter by the name of Jessica Lipscomb on September the 19th, 2012. A Collier County sixth grader is being credited with stopping a school bus Tuesday after the bus driver suffered an apparent heart attack and lost control. Jackson Bonar was the last person on the bus as he headed home from his first day of an after-school program at Oak Ridge Middle School. He and the bus driver, Robert W. Kelly, were two streets away from his house in Golden Gate Estates around 6 p.m. when the bus started moving slower, then faster. Jackson looked over at the 65-year-old driver. He made a strange face at me and fell against the window, the 11-year-old said. They were headed towards a palm tree when Jackson jumped out of his seat, hit the brakes, and steered the bus into a chain-link fence on Weber Avenue (sic) near Third Avenue Northwest. I figured if it hit the tree, the air bag would go off and hurt him even more, Jackson said. An Oak Ridge teacher, who happened to be driving by, got out of her car and, with help of another man, opened the bus doors and started to help. Jackson called his mom who called 911. Paramedic said Kelly still was alive and conscious when he was taken to the hospital, according to Jackson's mother, Paula Bonar. She said he appeared to have suffered a heart attack. That was a great reaction he had going, Bonar said of her son. Jackson said he knew what to do because he has experience driving golf carts and four-wheelers. He's my hero, said his dad, Doug Bonar. And with that, I introduce all of you to Jackson. (Applause.) Page 37 October 23, 2012 COMMISSIONER HILLER: If you could all stand over there. Jackson, I know you think you're here today because of the Board of County Commissioners honoring you, but I have a surprise. You're not, or maybe you are in part. I have a letter of recognition from the governor of the State of Florida, and I'm going to read it to you. Master Jackson Bonar, Dear Jackson, as governor, one of my top priorities is ensuring the safety and security of the citizens of Florida. On behalf of the people of our state, I want to thank you for quickly jumping into action and helping your bus driver as he experienced a medical emergency. There is little doubt that your efforts not only saved his life but also prevented a tragedy that could have harmed many others as well. Your alertness and ability to instantly respond helped a fellow Floridian in an extraordinary way. You are to be commended for your willingness to assist others in need. Your parents must be extremely proud of you, as am I. Thank you for being a great Floridian and a tremendous role model to Floridians of all ages. It is Floridians like you who make our state such a great place to live, work, and play. Sincerely, Rick Scott, Governor. (Applause.) COMMISSIONER HILLER: And now on behalf of the Board of County Commissioners, our sentiments are shared with the governor's. Thank you. (Applause.) MR. BONAR: Thank you. (Applause.) Item #7 PUBLIC COMMENTS ON GENERAL TOPICS Page 38 October 23, 2012 MR. OCHS: Commissioners, that takes us to Item 7 on your agenda this morning, public comments on general topics. MR. MILLER: Commissioners, you have three registered speakers for public comment. Your first speaker is John Lundin, and he will be followed by Vincent Angiolillo. MR. LUNDIN: Commissioner Coyle, I'd like to speak out against your proclamation in support of 287(g). I've created an -- I call it an anti-proclamation. I would like everybody to watch the monitor. I have a video of the protest held on Sunday in Immokalee opposing 287(g). CHAIRMAN COYLE: And what is the run time of the video? MR. LUNDIN: I have three minutes to speak here. CHAIRMAN COYLE: Okay. And does that include the video? MR. LUNDIN It does. MR. SHEFFIELD: Troy, maybe you could help out. CHAIRMAN COYLE: Do you need help? MR. LUNDIN: No. MR. MILLER: It's loading. MR. LUNDIN: It froze up before. COMMISSIONER HENNING: When do we start the timer? MR. MILLER: It's paused, sir. We've stopped it. COMMISSIONER HENNING: Is that the rules? MR. LUNDIN: I apologize. I'm having technical difficulties. CHAIRMAN COYLE: It's the people in our audio/visual department. They don't want to see it. (The DVD was played as follows:) "We are going to deliver the more than 1,700 signatures against 287(g), and we're also here to say that we do not want police and ICE collaboration. We don't want police and ICE collaboration. No, we don't want Page 39 October 23, 2012 police and ICE collaboration. Okay. "For the media, if you all want to follow them inside, they're going to do (inaudible) the petitions. I'm not sure if you want all to see that. But let's go inside. "And (inaudible)from (inaudible) Association went inside and gave them a cover letter regarding our more than 1,700 signatures that we've received on the petition that we've been collecting for over a month and a half regarding the end of 287(g). "We wanted to let them know that we are here and that we are watching, okay? We wanted to let them know that we do not agree with police and ICE collaboration. "We want (inaudible). We don't want separation of families. We don't want fear and mistrust in our police department. We want police to stop collaborating with ICE. "Sheriff Rambosk has the power to end the 287(g) agreement. He has the power to do it. He can do it. He can do it, and we want to do it. We want him to know that we are here. " (The DVD concluded.) MR. LUNDIN: Okay. I'd just like to say, quickly, the 287(g) program will end on December 31st. The federal government's going to end it, and it's replaced by the Secure Communities Program, which is a nationwide program. It's less invasive. And thank you very much. MR. MILLER: Your next public speaker is Vincent Angiolillo, and he will be followed by Bob Krasowski. MR. ANGIOLILLO: Commissioners, I'm Vinny Angiolillo. I'm Page 40 October 23, 2012 sure you-all know who I am. Commissioner Coyle, you started out this presentation on the 287 program alluding to the fact that 27,000 people committed crimes (sic), and you made it sound like they committed them in Collier County. That's nationwide, Commissioner. You take a program like this, and you try and build it up to make it look as though it's doing something good for this community. You also mentioned felons were being deported when, in fact, most of the people have committed misdemeanors. The 287 program is a failed program, and I find it despicable this board not only condones this but flaunts it by a public proclamation. I publicly hold all the commissioners responsible in their actions today. Thank you. CHAIRMAN COYLE: And, for the record, those are Collier County statistics for repeat offenders: 4,000 people deported; 27,000 crimes. MR. MILLER: Commissioners, your last public speaker under public comment -- COMMISSIONER HILLER: May I, Commissioner Coyle? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HILLER: Before we move to the public speaker, would the Sheriffs Department like to respond to the allegations or claims that were just made? CHIEF SMITH: Commissioner, for the record, Greg Smith, chief of administration for the Sheriffs Office. First of all, let me start by saying that I'm never more proud than to live in a country that gives someone the opportunity to address government and to speak openly concerning the things of government and how that works. Certainly, I wouldn't want to do anything up here today to detract from their ability to do that; however, to bring clarity to the issue, we are not interested in status offenders. We only are interested in those Page 41 October 23, 2012 people who are committing crimes in this community. That's the charge of the people to the sheriff. We don't have discretion with regard to that. You know, if someone breaks the law, you know, our duty is to meet that person and enforce that law and to restore order. That's what we do. That's what the men and women of the Collier County Sheriffs Office have always done, will always continue to do. The 287(g) ICE initiative, as we stated earlier, number one, you have to have committed a crime. The large majority of those crimes are felons. We have deported rapists. We have deported -- "we." Not "we," ICE. But we have deported rapists, we have deported those people who are involved in human trafficking, drug dealers -- CHAIRMAN COYLE: Please be quiet. CHIEF SMITH: -- and others who prey on this community on a regular basis. It is true there are those who have been labeled for deportation by ICE that have committed misdemeanors. You know, we don't dodge that issue. You know, we meet that head on as well. But the vast majority have committed felons (sic), and not just one felon. You know, I mean, it's simple arithmetic. You have 27,000 crimes and 4,000 people, you get the idea pretty rapidly that most of these people are committing a number of offenses. But as I said earlier -- and, you know, the will of the government, the federal government to continue this program right now is uncertain, but as long as it is a tool available to the Sheriffs Office and as long as the Board of County Commissioners and the vast majority of the citizens of this county support it, we'll continue to do it. Thank you very much. CHAIRMAN COYLE: Good. Thank you very much. Okay. Let's have the next speaker. MR. MILLER: Your next speaker is Bob Krasowski. MR. KRASOWSKI: Hi, Commissioners. I can't pass up the opportunity to say I pretty much support your support for that Page 42 October 23, 2012 program. I think there's a lot of good being done removing criminals from our system, our jails, overcrowding of the jails, and people who are here illegally taking jobs that some of them, you know, bricklayers or whatever, would have been held by American citizens. But I certainly sympathize with a lot of the illegals, because they're the new slave class. They have to hide in the shadows. They're worried about getting picked up. And the political establishment allows this to happen so they can exploit cheap labor, which hurts America all the way across the board. And I wish we were doing more in foreign countries to share our knowledge and wealth, like hospitals and stuff like that. But that's a whole 'nother issue. I'm just here to speak briefly on an item that's on your consent agenda. And I'd just like to point out -- and this is the beach renourishment emergency truck haul. And you've come in --your estimate was 650,000. Now it's 674,000; pretty good within the range of the estimate. But I'd like to point out that if we had an arrangement with the sand provider where they could separate out the beach-quality sand through the course of their normal operation, setting that aside using other materials for other uses, that we could even get a better price. And I'm not saying that this is the best price available, but in the emergency situation, this might be okay. And then when you compare it to other costs in other places for sand, beach truck renourishment, they might have a better deal, but it might be for reasons. So that's pretty much it. I'd like -- in the future, there are areas of our beach that can benefit from truck haul spot renourishment, and we have to look into that, but that will be probably your next meeting. Thank you very much. COMMISSIONER HILLER: Bob? CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Bob, thank you for bringing those Page 43 October 23, 2012 points forward. Truck hauls, as I understand now, were the way our beaches were renourished until the major renourishment in 2006, so it isn't something new. And the fact that it ought to be considered as a means for renourishment and possibly a far more economical means definitely should not be ignored. So I'm glad you highlighted this agenda item, even though it was on consent, and I agree with you. And I'm going to ask that we do some research on the pricing of sand brought in from the mines as opposed to through dredging. MR. KRASOWSKI: That's great. COMMISSIONER HILLER: I appreciate that, because that, potentially, could result in savings. MR. KRASOWSKI: And I know we have -- as part of our bid process you're going to be considering that, although it wasn't entirely clear the way your motion was stated in the minutes. You know, it didn't say, like, sand, truck haul, inland, but I think the intent was there. And I guess I'll have to ask the appropriate person to explain what that means to me. COMMISSIONER HILLER: Yeah, please do. And if there's anything that you find out that is different than we understand, please let me know -- MR. KRASOWSKI: Sure. COMMISSIONER HILLER: -- and discuss it with Leo. MR. KRASOWSKI: I'll be back. COMMISSIONER HILLER: Thank you. MR. KRASOWSKI: Thanks a lot. Appreciate it, Commissioners. CHAIRMAN COYLE: Is that our last speaker? MR. MILLER: Yes, sir. CHAIRMAN COYLE: Okay. That brings us to public comments on general topics now. MR. OCHS: Oh, we just concluded that, sir. Page 44 October 23, 2012 CHAIRMAN COYLE: I'm sorry, yes. MR. OCHS: We move on to Item 10 on your agenda this morning, Board of County Commissioners. Item #10A RESOLUTION 2012-197: APPOINTING NORMAN E. GENTRY TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE -.ADOPTED MR. OCHS: 1OA is appointment of member to the Development Services Advisory Committee. COMMISSIONER HENNING: Move to approve the committee's recommendations of Norman Gentry. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. A motion by Commissioner Henning to approve the committee's recommendation, seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) 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 #10B RESOLUTION 2012-198: APPOINTING PATRICK WHITE RECOMMENDED BY CITY OF NAPLES TO THE Page 45 October 23, 2012 CONTRACTORS LICENSING BOARD - ADOPTED MR. OCHS: 10B is appointment of member to the Contractors Licensing Board. COMMISSIONER FIALA: Motion to approve the City of Naples recommendation of Patrick White. CHAIRMAN COYLE: Motion by Commissioner Fiala to appoint the City of Naples recommendation Patrick White, and I'll second the motion. 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. Item #10C RESOLUTION 2012-199: APPOINTING DOUG RANKIN FOR DISTRICT 5 AND RE-ADVERTISE THE DISTRICT 2 SEAT TO THE COLLIER COUNTY PLANNING COMMISSION — ADOPTED MR. OCHS: 10C is appointment of members to the Collier County Planning Commission. CHAIRMAN COYLE: Okay. We have two appointments, one from District 2 and the other from District 5. And by our ordinance, the candidate must be nominated by the commissioner of that district. You want to go first, Commissioner Hiller? Page 46 October 23, 2012 COMMISSIONER HILLER: I'm not prepared. I'm not prepared to make a nomination today. CHAIRMAN COYLE: Okay. So that seat will remain vacant until such time as you come up with a nomination. So the second seat is to be nominated by the commissioner from District 5. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I nominate Doug Rankin. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Commissioner Coletta nominates Doug Rankin, and it's seconded by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: The motion passes 4-1 with Commissioner Hiller dissenting. County Manager? Item #10D RESOLUTION 2012-200: APPOINTING VICTORIA DINARDO TO THE CONSUMER ADVISORY BOARD ADOPTED MR. OCHS: Yes, sir. 10D is appointment of member to the Consumer Advisory Board. COMMISSIONER FIALA: Motion to approve Victoria DiNardo. CHAIRMAN COYLE: Okay. Motion -- COMMISSIONER COLETTA: Second. Page 47 October 23, 2012 CHAIRMAN COYLE: -- to approve Victoria Denardo by Commissioner Fiala, seconded by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) 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 #1OE RESOLUTION 2012-201: APPOINTING PATRICIA ANN FORKAN IN THE TECHNICAL ALTERNATE CATEGORY AND TO RE-ADVERTISE FOR TECHNICAL CATEGORY FOR THE ENVIRONMENTAL ADVISORY COUNCIL — ADOPTED MR. OCHS: 10E is appointment of members to the Environmental Advisory Council. COMMISSIONER COLETTA: Motion to readvertise. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Motion by Commissioner Coletta to readvertise for the position, seconded by Commissioner Henning. COMMISSIONER FIALA: Well, I -- how about the technical alternate, Patricia Ann Forkan? COMMISSIONER COLETTA: Yeah. I'll go ahead and make a motion. I'll change my motion that we advertise for the technical position and recognize Patricia Forkan as the technical alternate. CHAIRMAN COYLE: Is that okay with the second, Commissioner Henning? Page 48 October 23, 2012 COMMISSIONER HENNING: Sure. CHAIRMAN COYLE: Okay. Then we'll restate the motion. The motion is to appoint Patricia Ann Forecan as the technical alternate and to readvertise for the other the permanent member and voting member of the Environmental Advisory Council. It's seconded by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously. MR. OCHS: Commissioners, that takes us to Item 11 on your agenda, County Manager's report. Item#11A REVIEW AND APPROVE THE PROPOSED COLLIER COUNTY 2013 STATE LEGISLATIVE PRIORITIES - REVIEW OF BUILDING CODE TO ENHANCE ECONOMIC DEVELOPMENT CONSENSUS; NO KILL ANIMAL SHELTERS — REVISE LANGUAGE; SYNTHETIC DRUGS COUNTY ATTORNEY TO BRING BACK WITH AN ORDINANCE BANNING THE SALE AND IN SUPPORT OF DRUG FREE COLLIER — CONSENSUS; MOTION TO APPROVE LEGISLATIVE PRIORITIES AS AMENDED — APPROVED MR. OCHS: And 11A is a recommendation to review and approve the proposed Collier County 2013 State Legislative Priorities. Page 49 October 23, 2012 CHAIRMAN COYLE: That might take more than six minutes. Why don't we take a 10-minute break now for the court reporter, and then we'll pick that up when we come back from break. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Ladies and gentlemen, Board of County Commission meeting is back in session. Okay. County Manager, let's continue with 11A. MR. OCHS: Yes, sir. That's the presentation.of your 2013 State Legislative Priorities. Ms. Debbie Wight, your legislative affairs coordinator, will present. Debbie. MS. WIGHT: Good morning, Commissioners. CHAIRMAN COYLE: Good morning, Debbie. MS. WIGHT: You have before you your 2013 proposed State Legislative Priorities. And a lot of them are repeats. And the pub -- if you'd -- you have questions or if you'd like me to read through them-- COMMISSIONER HILLER: I would, actually, but could you put them on the overhead so everyone else can see them as well? MS. WIGHT: Sure. COMMISSIONER HILLER: And then read them as you go along. CHAIRMAN COYLE: Let's don't read the whole thing. You know, we can read and people can see it on the screen. If you want to touch upon the topics, feel free to do that, if there's anything important. Commissioner Henning,you were first, however. COMMISSIONER HENNING: I would hope the board would consider an economic development initiative in asking the legislators to streamline the Florida Building Code. I'll be happy to work with Deb Wight to provide examples of the impediments and some industry requirements that.has nothing to do Page 50 October 23, 2012 with public safety. The Florida Building Code was enacted because of Hurricane Andrew. It was modeled upon the. Miami-Dade County building code. And since then there are so many things in there that has nothing to do with Florida Building Code. I actually talked to Blake Gable. I was talking to a resident, a multi-millionaire that wanted to start a chain, a restaurant chain throughout the whole country. Decided not to build in the State of Florida because one of the requirements was that he had to put in a drinking fountain, and that.was one of their requirements. That should have been an option if an entrepreneur or restaurateur wanted to build in the State of Florida. Those are some of the examples. Of course, we have the infamous water heater issue. So I would like to add something like that, and I'll work with Deb to provide the legislation delegation some examples. COMMISSIONER FIALA: I think that's a great idea. CHAIRMAN COYLE: Well, I think it is, too, but I don't understand why the DSAC wouldn't be heavily involved into something like that. Is there anything wrong with getting the Development Services Advisory Board involved in reviewing the needs for changes in the building code? COMMISSIONER HENNING: No, there isn't; however, there's a time frame -- MS. WIGHT: There is. COMMISSIONER HENNING: for presenting information. But I think it would be good for the board to have DSAC to advise the County Commissioners on some impediments in the Florida Building Code. CHAIRMAN COYLE: Well, I would feel much more comfortable going forward with a legislative initiative if we had the backing and input of the DSAC. They're the people who really Page 51 October 23, 2012 understand this. Any one of us might have a pet issue relating to the building code, but I don't think any of us can review it in a comprehensive way. And I would like to support Commissioner Henning's idea, but I'd like to make sure that we focus on it in a way that we've got support of the building industry; otherwise, we're going to put some legislators at risk of doing something that isn't really very smart. MS. WIGHT: Your issue, Commissioner, is that we need to get the priorities presented in time for the November 14th Collier legislative delegation hearing and meeting; and we're beyond their deadline, but they've let us do that because of the elections and things like that. That's why we had to cancel the legislative joint workshop. CHAIRMAN COYLE: Okay. Let's try to get at it this way. Can we approve Commissioner Henning's motion to add a review and simplification of the building code, and then we can begin to go to work on details to back that up? MS. WIGHT: Exactly. CHAIRMAN COYLE: At least you can get it on their agenda. MS. WIGHT: That's what I was going to suggest. CHAIRMAN COYLE: Okay. Then I don't know -- do we need individual votes on each of these changes? MR. OCHS: No, sir. CHAIRMAN COYLE: I think -- do we have three nods on this? COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: Okay, all right. So we'll get it on the agenda, and then let's try to get the DSAC involved, and Commissioner Henning can have input through them or directly to us, and we can try to bring it all together. Okay. I have a question still, County Manager, about that issue. MS. WIGHT: Are you talking about the -- CHAIRMAN COYLE: No-kill animal shelter issue. It is unclear to me what you gave to me. I do not understand your response to my Page 52 October 23, 2012 question. And so I merely want a clarification. MS. WIGHT: Okay. CHAIRMAN COYLE: This particular issue seems to imply that we're objecting to coordinating with all rescue groups and persons on the euthanization registry before we euthanize an animal, and I can't imagine why we would ever object to doing that. So I'd like a clear statement that it is our policy before we euthanize any animal that we notify all rescue groups or persons on the euthanization registry which have indicated a willingness to take that type of animal. Now, I don't understand the difficulty in doing that, but certainly to refuse that as a principle, in my opinion, is irresponsible. But, nevertheless, if there is a good reason, let me know about it. I did not get it out of whatever you told me, okay. MR. OCHS: Yes, sir. Could we ask our Domestic Animal Services director, Amanda Townsend, to just provide some brief input on that issue, sir? CHAIRMAN COYLE: Yep, that will be fine. MS. TOWNSEND: Good afternoon, Commissioners. Amanda Townsend, your director of animal services. We, in Collier County, have an extremely successful relationship with local, state, and even sometimes regional and national rescue groups. Rescue adoptions represent over 40 percent of all of the animals that are adopted from our shelter. We do make any animal available to rescue groups if they want them provided that we don't think that they are dangerous to the community either because they have a highly communicable disease or because they are too aggressive to be placed in the community. We do everything we can to work with rescue groups, legitimate rescue groups, and place those out in the community. The difficulty with the Animal Rescue Act, as it was put forth last year, was that it did not provide sufficient protection for animals Page 53 October 23, 2012 from going to rescue groups that may not be legitimate or from animals that, in the shelter, are very sick and have the potential to have a contagious disease that could affect other animals in the shelter. Being .put in a position to defend humane euthanasia is not a fun place to be, and I wouldn't do it if I didn't think that, ultimately, the Animal Rescue Act didn't provide the proper and sufficient protection for animals; however, at animal services we do everything we can to work with legitimate rescue groups to place the animals. CHAIRMAN COYLE: Okay. That is a written policy, is it, for Collier County, that you do everything that is possible to place the animal for adoption with legitimate rescue groups and individuals? MS. TOWNSEND: Yes, sir. That's written in our internal department policies. And if it needs to be brought forward to this commission for ratification, we can do that as well. CHAIRMAN COYLE: Well, I just want to feel comfortable that it's not just something you do normally, but it is a policy of Collier County Government that you do that? MS. TOWNSEND: Yes, sir. CHAIRMAN COYLE: And your answer is, yes, it is a policy; it is a written policy in our procedures? MS. TOWNSEND: (Witness nods head.) CHAIRMAN COYLE: Now, are there other provisions of the proposed legislation that are objectionable to us? MS. TOWNSEND: No, sir. For example, one of the provisions in there was for reporting of annual statistics and whatnot, and we don't have a problem with that. It's really that -- for example, the phrase "irreparably suffering" could be interpreted in such a way that -- prohibiting euthanasia of an animal if it were -- unless it were irreparably suffering. If the animal has a highly contagious disease and could potentially infect the rest of the shelter population but perhaps it's not irreparably suffering, to protect the whole, we may need to euthanize Page 54 October 23, 2012 that animal. So there were very small specific language issues in the Animal Rescue Act that we thought did not sufficiently protect animals. CHAIRMAN COYLE: Okay. Then my only recommendation to you is that this particular description here seems to say that you don't agree with contacting rescue groups or persons on the euthanization registry to see if the animal can be adopted. It sounds like you're objecting to doing that. So if it is, in fact, your policy to do that, then I don't see why you want to put it in here as one of the reasons that you don't like the state legislation. So I would take out this language and maybe deal with the one that you're talking about. MS. TOWNSEND: And the issue of making contact with the rescue groups was not as much - was not as difficult as then there -- the legislation also requires specific hold times: 24 hours to see if that -- those respond, and then another 48 hours for them to claim that animal. And in the shelter environment, the animals never stop coming in. So we -- there's potential that we would have to reduce our hold times disallowing, perhaps, the rightful owner to reclaim a stray in order to accommodate for those mandatory hold times placed by this legislation. And the longer we hold the animals, the more that costs, the more potential there is for disease spread to other animals in the shelter. It will be administratively burdensome and very costly. CHAIRMAN COYLE: This gets more and more complex, and you're causing me more and more concern. MR. OCHS: Well, Commissioner, let me try to CHAIRMAN COYLE: Wait a minute.. Let me make sure I get the point across here. I mean, the.fact that you don't want to keep animal for 24 hours -- MS. TOWNSEND: No, sir. CHAIRMAN COYLE: -- waiting for somebody to claim it, in Page 55 October 23, 2012 my opinion, is not a very animal-friendly policy, okay. There are lots of circumstances where a person loses an animal, and they won't know that it has been found for more than 24 hours or 48 hours. We have to have some way of dealing with this that is humane and considerate for the animal owners, and you're not making me feel real good about this. MS. TOWNSEND: I'm sorry, sir, that you misunderstood what I was trying to explain. We do everything we can to help animals leave the shelter alive. CHAIRMAN COYLE: Okay. MR. OCHS: What's our hold policy? MS. TOWNSEND: We hold a stray animal that comes in for five days legally, or if it has owner information, we must make three attempts to contact that owner, if it has a microchip or what have you. That's just the legal requirement. We hold every animal for as long as we can. Animals that are surrendered by their owners become our property right away. Again, we hold every animal as long as we possibly can to try to give it a chance to leave the shelter alive. They never stop coming in. CHAIRMAN COYLE: And this is all written policy? MS. TOWNSEND: Yes, sir. CHAIRMAN COYLE: Okay. Then I would take this language out of here, because it leaves an entirely incorrect impression. MR. OCHS: Commissioner, I agree with you. The language below the title -- what we're really opposed to is state mandate of a no-kill shelter under any circumstances. The explanation underneath got into areas, as you just mentioned, that were confusing with regard to this specific recommendation. And we'll revise that language. CHAIRMAN COYLE: Okay. All right. Any questions by the commissioners? We have public speakers? Page 56 October 23, 2012 MR. MILLER: . Yes, sir. CHAIRMAN COYLE: Okay. Call the first one. MR. MILLER We have four public speakers. CHAIRMAN COYLE: Okay. MR. MILLER: The first public speaker will be Nicole Johnson. She'll be followed by Ana DiMercurio. MS. JOHNSON: Good morning, Commissioners. For the record, Nicole Johnson, here on behalf of the Conservancy of Southwest Florida. Item G under your legislative priorities deals with the Everglades Boulevard I-75 interchange. And the request for legislative support in the first sentence is based upon the project being a critical need for safety and for evacuation. It makes it sound as if there's no emergency access, which there is -- there's a ramp there -- and that in case of emergency, public safety personnel are not able to open the gate, which they are. So I want to put on the record, as the Conservancy Florida, Wildlife Federation, and Audubon did at your MPO meeting last year, ' that the gate can be opened and is opened by emergency personnel in times of emergencies. In fact, when the Conservancy went out to look at the gate and see exactly what was going on there, it was open. The police were conducting a manhunt for a burglary suspect. So emergency personnel were coming and going. There currently is state law under the Florida emergency policies, Florida Statutes Chapter 252, that says in the event of any emergency, the state makes available facilities owned by the state upon request of local authorities. FDOT has confirmed that they recognize the authority contained in this law. They do ask that the county notify them when there is a need of access. Such notification is, I believe, being done on a case-by-case basis. And I'm unaware of any instance where the Page 57 October 23, 2012 county was denied access or penalized after the fact. FDOT has also confirmed that the access ramp, which was part of the Picayune restoration, is going to remain permanently; therefore, the Conservancy recommends that you address the safety issue if you're formalizing the access agreement with Florida Department of Transportation through a creation of an MOU or some sort of agreement. This would solidify the safety access, remove any question about future emergency or evacuation access, and the ability for the county to open the gate. And once the safety issue is addressed, we can discuss the proposed interchange on the basis of whether it is viable, needed, or an appropriate solution for transportation needs in the Estates and if an interchange would impact our community and how it would impact our natural resources. Thank you. MR. MILLER: Commissioners, your next speaker is Ana DiMercurio. She'll be followed by Valerie Maxwell. MS. DiMERCURIO: For the record, I'm Ana DiMercurio, and I represent Drug Free Collier. And I noticed that on your list of new priorities for consideration is synthetic marijuana. Well, I wanted to talk a little bit about what synthetic marijuana is If you look at the packages, which I'll show in a minute, it indicates that it's potpourri or incense. This is potpourri -- potpourri, "pot-pourri." Anyway, these are the packets that are being sold here in Collier County stores. And with your permission, I'd like to -- well, you know -- you want to take the whole board? But what is it really? It's basically a mind-altering synthetic drug that is being sold here in our local community and being used by young and old alike. It is a local issue. We recently spoke to members of the Marco Island City Council on this subject. They asked for their city attorney to look into the Page 58 October 23, 2012 possibility of an ordinance.' We spoke with the Naples City Council and received information from their commissioners or their city councilmen that it's one of the issues listed as a priority by the Florida League of Cities, and they're wanting to follow this as closely as possible. We recently hosted a community awareness meeting with close to 200 local representatives, doctors, nurses, teachers, who wanted to learn more about this product and how it's being used here in our community. What are the impacts of it? This is not marijuana. People who use this are often -- CHAIRMAN COYLE: Excuse me. Be sure you collect these from the commissioners. Some of the commissioners have been tearing them off the board. Wait a minute. There's one over here that you didn't get. COMMISSIONER FIALA: No, that's Kleenex. CHAIRMAN COYLE: Oh, yeah, sure it is. Yeah. That doesn't look like Kleenex to me. MS. DiMERCURIO: There were nine packets. We'll make sure we count them. COMMISSIONER HILLER: Let me just state, being on this board is a mind-altering experience. Nothing required to move to that direction. CHAIRMAN COYLE: Sorry to interrupt you. I just didn't want to proliferate the distribution here. MS. DiMERCURIO: I appreciate that. Thank you for doing your part. So you're going to hear from one of our speakers today about the effects that they're seeing from young people coming in for treatment at David Lawrence Center. You're also going to hear how easy access this is to our young people. We're seeing signs that this is taking root here in Collier County. Page 59 October 23, 2012 Eight out of 10 kids being treated for substance abuse are using this DJJ is violating kids for using this as -- and so it's a violation of their probation. Youth resource officers working in the school setting are seeing these products. In fact, the ones that are circulated were taken from kids. As a parent, I want you to know I love Collier County. I love living here. But when I walked into a store and I saw rows of these packets being sold right next to glass pipes and bongs, it was disappointing. And I'm asking you, as a representative of Drug Free Collier and a parent, to make this a high priority for our community. Thank you CHAIRMAN COYLE: Thank you. COMMISSIONER HENNING: This item is on our agenda, our priorities, to do exactly what you want to do. I support it. CHAIRMAN COYLE: Yeah, we all do. COMMISSIONER FIALA: Oh, yeah. CHAIRMAN COYLE: Except maybe Commissioner Hiller. COMMISSIONER HILLER: I'm, I mean, viciously opposed to what's happening to our youth. I mean, it is disgusting. It's not a joke. This shouldn't even be made light of This is an absolute tragedy, and we need to get really tough on these pushers who are distributing these drugs. You know, it's one thing to hold a child who's in possession culpable, but at the end of the day, it's all about the people who are pushing these drugs, and you need to go after the pushers and you need to lock them up and you need to throw away the key. CHAIRMAN COYLE: Yep. Commissioner Coletta? COMMISSIONER HILLER: So anything I can do to help you, let me know, and I'm there for you MS. DiMERCURIO: Thank you COMMISSIONER COLETTA: A couple of questions. I think we might have already had a discussion about this when it was bath Page 60 October 23, 2012 salts that were an issue at that time. If I'm not mistaken -- help me with this County Attorney, did we pass a local ordinance forbidding the sale of this? I'm pretty sure we did. Can't we do the same thing with this? MR. KLATZKOW: You know, I'm just Googling it as you're saying it, and I'm seeing other counties are considering these ordinances. So I could come back to you if you want. I mean, there's federal law on this, there's state law on this. I can't give you a knee-jerk opinion on this. COMMISSIONER COLETTA: Well, if I remember correctly -- and it's been a little while. But when the bath salt issue came up -- MR. KLATZKOW: We don't have any ordinance regarding bath salts. COMMISSIONER COLETTA: We don't? MR. KLATZKOW: No. COMMISSIONER COLETTA: I thought we did. MS. WIGHT: We don't. Bath salts are considered a synthetic drug. There's spice, bath salts, K2. There's all kinds of names for it. COMMISSIONER COLETTA: But trying to get the state to act on this in a fast track is probably unlikely. MS. WIGHT: They have done -- COMMISSIONER COLETTA: I think it's a good idea to do it but, meanwhile, why not go through the motions of getting local ordinance in place, and that might discourage the vendors from trying to carry it? CHAIRMAN COYLE: One of the problems that states have had and the federal government has had is they change the formulation. Because it's synthetic, they can create different formulas. And so when you outlaw a particular name or formula, they change the formula and somehow skirt the law. What I don't understand is why we can't write a law broad enough to deal with these things without having to specify the formula Page 61 October 23, 2012 or the contents of the package. We should be able to prohibit it based upon its physical effect no matter what the formulation might be. So I would hope we could come up with some way to get around that problem, but I know that in watching this happen across the nation, there are all sorts of excuses as to why you can't do it, and I think we need to overcome that, and I think we can. Commissioner Henning, your light was on. Did you have -- COMMISSIONER HENNING: It is, but it was on the previous item. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: The I-75 interchange. And I know this has been a priority for many, many years; however, we never received a presentation on the justification report, County Manager. Could we get that sometime in the near future? MR. OCHS: I'll ask Mr. Casalanguida to give you a brief status report on that, sir. COMMISSIONER HENNING: No, no, no. I mean, just in the future if you can -- MR. OCHS: Oh, absolutely; yes, sir. COMMISSIONER HENNING: -- on a future agenda. No need to do it now. Thank you. MR. OCHS: Yes. MR. MILLER: Okay. Commissioners, your next public speaker is -- COMMISSIONER HILLER: Can I comment on -- I want to comment on this issue with respect to the drugs, and I want to talk about the I-75 interchange before we move to another topic. With respect to the issue on the drugs, the Attorney General, Pat Bondi, has spoken to this issue of the synthetic drugs and to the issue of how we have adapted legislation to block the sale of these drugs notwithstanding the constant change in the formulas being used to evade the law that's being used to limit them. Page 62 October 23, 2012 I think what we ought to do is contact the Attorney General's Office, find out where they are, see what we can do and, like I said, I'll help in any way to get this done. MR. KLATZKOW: Do you want me to come back -- COMMISSIONER HILLER: Yeah. MR. KLATZKOW: -- with you with a report on this? Because I just see -- Pasco just enacted the first ordinance in Florida a week ago. COMMISSIONER HILLER: Absolutely, absolutely. MS. WIGHT: Pam Bondi has made this one of her top priorities. COMMISSIONER HILLER: Absolutely. She calls it "junk" very aggressively, and I support her. MS. WIGHT: But she's got all kinds of links to the Department of Justice and everywhere else on synthetic drugs. COMMISSIONER HILLER: Yeah. So I would like to encourage that. Does the board agree that Jeff should come back with CHAIRMAN COYLE: Yep, yep. You've got three nods. COMMISSIONER HILLER: I think we have five nods. CHAIRMAN COYLE: Yep. Okay. COMMISSIONER HILLER: Now, the other thing I wanted to talk about is the access gate. What the district director for DOT has said is that the county does not have to call ahead if the gates need to be opened for emergency reasons. What has been made clear to us and was made clear to us when we were up in Tallahassee as part of the legislative delegation was that we only have to call after and let them know that we opened it. So while some people were concerned that it would inhibit our response time because we would have to get permission, no, that is not the case. It's simply advising them that we have done so, again, after the fact. CHAIRMAN COYLE: Okay. Do we have another public speaker? Page 63 October 23, 2012 MR. MILLER: Yes. Your next public speaker is Valerie Maxwell. She will be followed by Emily Castillo. MS. MAXWELL: Good morning, everyone. My name is Valerie Maxwell. I'm the president and founder of International Learning Academy. We are the nontraditional private high school here in Collier County that helps everybody. The reason I'm here on behalf of the topic "synthetic drugs" is because it's happening everywhere, and I have firsthand knowledge of how bad it can affect a school. Back in March, I had a situation with a young man on probation, as a lot of kids on probation are using this synthetic drug because it does not show up on the test. And it also has some very serious side effects. I spent four hours last night researching this, and some of the horrific results of this synthetic cannabinoid has caused death, retardation, and the list goes on. Back in March, I had a young man -- I begged his parents to not let this young man smoke spice. And these are very prominent people, okay, and they are actually enabling him to do that so that he would not fail a drug test and be violated on probation. As a result, you know, I asked him, I said, why are you doing this? He said, well, it seems to calm him down. I said, do you actually know what's in this? He said, yes and no. I says -- well, I gave him a list of different things that were in different types of this particular synthetic marijuana. Anyway, about 2 o'clock in the afternoon, one of my teachers, you know, screamed because their son fell over the desk in convulsions. He was having a seizure, which is one of the byproducts of what can happen when they smoke this. Now, I'm 62 years old. I've never dialed 911 in my life, but here I was dialing 911 to save this young man's life and, luckily, I had a student that was CPR certified, and he ran to his rescue to save this Page 64 October 23, 2012 young man because he was having a seizure. The first person on the scene was a police officer, ran over to the young man trying to find out -- you know, trying to say what did you do, what did you do. He wouldn't tell him, mainly because he couldn't even answer him. After I got off of the phone with 911 -- they told me what to do. I ran over there. They said, do not let him fall asleep, which I did not. I had to make him stay awake, because if he went into a coma, it could be even worse. So the paramedics came, and they took him away. As a result, his parents finally listened to me. And the day he was taken -- he was off probation -- they did not tell him -- they shipped him off to Arizona to a rehab center where he still is to this day. He plans to live out there, thank God, and not come back here, but he's had two to three more seizures since he's been there. Once you open up this in the brain, you're prone to seizures for the rest of your life. I wanted to let you know -- CHAIRMAN COYLE: Your time has expired, by the way. There was only three minutes provided; is that true, or is that the warning? MR. MILLER: It was the warning; in five seconds from now. MS. DiMERCURIO: Okay, all right. I just wanted to show you this real quick. I know they showed you a lot of stuff. This right here is 10 grams. It costs $20 to buy it. It's worth about $140 worth of weed/pot, okay. So a lot of what these kids are doing -- and they make them, basically, very humorous. This one shows Castro sitting on the pot, and they call this what -- WTF. Well, you figure that out, "what the" -- okay. So, anyway. But, basically, this is what this is actually worth. This one here is $10 that they're buying, and this is worth about $50 worth of pot. So a lot of these kids are breaking it up, selling it to Page 65 October 23, 2012 their friends. If we were -- there's cons and pros to this whole thing. We take it off the market, it's just going to go under the market, okay. They're going to make it themselves. This is not just kids, guys. These are people probably working in the county and everywhere else that don't want to lose their jobs, and they're smoking this so they won't -- you know, they'll fall -- they won't be detected on a drug test. This is very serious. It's not just the kids. It's the adults. It's the military. They're discharging people every day in the military being caught with this. This is serious. Thank you. CHAIRMAN COYLE: Thank you. MR. MILLER: Commissioners, your final speaker on this item is Emily Castillo. COMMISSIONER HENNING: Aren't we keeping this on the item? I mean, we're keeping it on our priorities. MR. OCHS: Yes, sir. COMMISSIONER HENNING: I'm not trying to, you know, deter anybody from speaking, but definitely don't want to waste anybody's time. CHAIRMAN COYLE: Do you want to speak in support? Go ahead. MS. CASTILLO: If I could; I'll make it short. CHAIRMAN COYLE: Go ahead. MS. CASTILLO: I'll even be under three. CHAIRMAN COYLE: Okay. MS. CASTILLO: Good morning, Commissioners. My name is Emily Castillo, and I am the clinical supervisor for all of the children substance abuse programs and prevention programs for the David Lawrence Center. And just kind of to keep you aware also -- just a couple of the other speakers had mentioned, as we're assessing kids and they are Page 66 October 23, 2012 coming in, those that have been identified to have substance abuse issues, about eight out of 10 of those kids are reporting at least some use of the synthetic marijuana. So it's definitely something that's going around. All the kids do know that, you know, if anybody -- and this also goes with adults, too, because I've talked to some of my counterparts who work with adults in the legal system, and that's what's happening is that people are using this because the standard drug testing doesn't include synthetic marijuana on their panels for drug testing. So it's definitely something that we are seeing, and we have seen those effects, and we have had people who have successfully completed even our treatment programs but decided to use the synthetic marijuana, you know, post probation or post treatment, and then we get phone calls from parents who are letting us know that the seizures and things like that and the health issues -- we had one child have psychotic breaks, and it hasn't gone away. He's going to have to be on psychiatric medications to manage those symptoms now. CHAIRMAN COYLE: Okay. Now, the action that we have decided to take here is, of course, to leave this on our legislative priorities list so that we can support whatever the State of Florida is doing, but we've also instructed the county attorney to proceed immediately with something we can do in terms of an ordinance for Collier County, so we're proceeding on two paths. And, of course, the one for a local ordinance is likely to be done more quickly, so we're going to move on that as fast as we can. Any other questions on the -- COMMISSIONER HILLER: Yeah. CHAIRMAN COYLE: Go ahead, Commissioner. COMMISSIONER HILLER: You know, I've been thinking about all of this, and I think what we need to do is develop a very comprehensive approach to fighting the war on drugs. And maybe, Jeff, while you're looking at ordinances on the Page 67 October 23, 2012 synthetic drugs, if you could see what other ordinance we should be enacting locally. For example -- well, I'll let you be the judge of what options there might be, but I think we have to consider the other drugs as well that are out there that are, you know, threatening our population. The other thing I wanted to suggest is Drug Free Collier as an organization has done exceptional work, and one of the things I would hope this board would support is directing the county manager to go out and see what we can find by way of grants to help Drug Free Collier advance its cause. CHAIRMAN COYLE: Okay. Do you want a formal motion -- MR. OCHS: No, it's not necessary, sir. CHAIRMAN COYLE: -- County Manager? You understand what the guidance is, and we three or more, probably five nods for this thing. COMMISSIONER HILLER: I hope five. And I have one last suggestion, and that is the media needs to get involved. The media needs to come out and aggressively educate the population. I mean, I have never seen those packets before. I was shocked when I saw them. They look like -- can you pass me one again? I mean, this it -- it's just -- it's really shocking. COMMISSIONER HENNING: Don't do it. COMMISSIONER HILLER: Look at them. Look at these packets. Look at these packets. Look at this one. "Mr. Nice Guy." Imagine a 12-year-old getting this packet. "Mr. Nice Guy" on the back, too. This one over here, it says, "Jazz, Strawberry." This one over here -- well, this one is -- well, this one isn't quite as good. It says "Rehab." CHAIRMAN COYLE: Purple Haze. COMMISSIONER HILLER: "Purple Max." CHAIRMAN COYLE: Okay. We have -- let's move on to our Page 68 October 23, 2012 time-certain at 11 o'clock. MR. OCHS: Commissioner, can we get a motion to approve the legislative priorities as presented with the additional suggestion. COMMISSIONER COLETTA: I'll make that motion. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: And I'll second that. CHAIRMAN COYLE: And remember the other change you had was from Commissioner Henning about the building code issues. MR. OCHS: Yes, absolutely. Writing that in. CHAIRMAN COYLE: Okay. All in favor of the motion to approve the legislative priorities as amended, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) 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: Commissioners, just to close the loop on that, we will need one of the members of the board that's available to present to the state legislative delegation, Collier delegation, at 2 p.m. on November the 14th. And, Mr. Chairman, if you're available, please let us know. If not, we'll go to the next -- CHAIRMAN COYLE: Let me check my calendar. If I'm available, I'll do it. If not, I won't. Okay. I'll let you know. MR. OCHS: Thank you. MS. WIGHT: Thank you. CHAIRMAN COYLE: All right. Thank you, Debbie. Item #1 1 C Page 69 October 23, 2012 CONSIDER AN OUT-OF-CYCLE TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION FROM THE CITY OF MARCO ISLAND/HIDEAWAY BEACH DISTRICT FOR EROSION CONTROL STRUCTURES AT HIDEAWAY BEACH AND IF APPROVED MAKE A FINDING THE PROJECT IS IN THE PUBLIC INTEREST AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS. ESTIMATED FISCAL IMPACT: $925,000 — MOTION TO CONTINUE TO NOVEMBER 13TH MEETING SO STAFF CAN PROVIDE ADDITIONAL INFORMATION — FAILED; MOTION TO APPROVE — APPROVED MR. OCHS: Commissioner, takes you to your time-certain hearing. It's 11 a.m. Time-Certain Item 11C. It's a recommendation to consider an out-of-cycle Tourist Development Council and grant application from the City of Marco Island and the Hideaway Beach district for erosion control structures at Hideaway Beach, and if approved, make a finding that the project is in the public interest, authorize all necessary budget amendments. Mr. Nick Casalanguida, your growth management administrator, will present. MR. CASALANGUIDA: Good morning, Commissioners. This is an out-of-cycle budget request, and the applicant is the City of Marco. Going through the beach criteria there, it's considered an ineligible beach when -- fall into Category 5B where they have high erosion and a finding that's in the public interest. Your Coastal Advisory Committee voted 5-4 to not fund this, and your Tourist Development Council 4-3 not to fund this as well, too. Ultimately, it's your decision. I guess the county attorney has provided the backup material that does allow you to make this finding. Page 70 October 23, 2012 If it's funded, this will come out of the same funds for your beach renourishment program that was put into the budget before you during the budget cycle. On the viewer you have the location that's being proposed, and I'll just quickly point to it so you can get a feel for it. I'll just give you a quick graphic what a T-Groin looks like for the public. And with that, Commissioners, I think the applicant for the funds probably has a presentation or would like to present to the board as to why they're asking for these funds. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: May I comment? CHAIRMAN COYLE: Commissioner Hiller, go ahead. COMMISSIONER HILLER: Yeah. Before any presentation is made, I'm not sure that I agree that the city and Hideaway are the appropriate petitioners with respect to this grant. If I understand correctly, the T-Groins will in part protect the private beach and in part will serve to protect the pass, and that in the absence of those T-Groins what will happen is that the pass will fill in and would have to be dredged much more often; is that correct, Gary? MR. McALPIN: Commissioner, for the record, Gary McAlpin. The T-Groins at the far end that -- where Nick showed you will have some beneficial effect on not allowing the pass to fill in. But typically we have dredged this pass on a five- to ten-year cycle in the past, and it has not been a problem with depth. So the primary function of the T-Groins is to protect the beach. There's a secondary benefit, and you could look at that as protecting the pass. The value of that secondary benefit is much less than the value on protecting the beach, Commissioner. COMMISSIONER HILLER: I understand, and that's the issue. I mean, there are two benefits. One is a private benefit, and one is a public benefit. Page 71 October 23, 2012 If that private beach is built up at the expense of the private property owners, if those T-Groins are not there, that sand will rapidly move into the pass, and the pass would have to be dredged more frequently than you describe. Because, again, I'm working on the assumption that the owners of the private property have the intention of building that beach up beyond what it is now. Can you answer my question? MR. McALPIN: Commissioner, the value of the -- we have -- as far as protecting that Collier Creek, that inlet that we looked at, I don't know the exact time frame for the last dredging, but I will say that it's in the five- to eight-year period of time. The value -- we have -- we have dredged that pass twice in that period of time. There -- the value of the T-Groins that we would put on Hideaway Beach, especially on that north end, will have some impact. The value of that on how quickly the pass will shoal in, if they're not there, if we put sand on the beach without that, we couldn't do without doing a more extensive study. COMMISSIONER HILLER: And, really, I think that's the question, because what you have here is these T-Groins benefiting both a private group as well as the public with respect to that pass. And I think that to the extent that TDC funds could be used, it can only be used to the extent that the T-Groins serve a public benefit. So my understanding is is that the Hideaway Beach residents and the City of Marco -- and I don't know how much the City of Marco is contributing -- are putting substantial monies towards the permitting as well as the -- well, the engineering and the permitting of the T-Groins. Is that correct, Bruce? MR. ANDERSON: Yes. COMMISSIONER HILLER: Okay. So they're making a contribution towards the T-Groins that amounts to, let's say, $400,000. Page 72 October 23, 2012 If the total cost of the T-Groins is the 950- that's being proposed plus the 400-, let's say, 1.5 million, the question is, to what extent is the public contribution matching the public benefit? And you're telling me that part of these T-Groins does benefit the public, in which case Collier County should be the petitioner, number one and, number two, the amount of TDC dollars awarded should be, again, to the extent that the county is benefiting because the pass is being protected. And I understand that what you're saying, that in the past, historically, we have not dredged that pass as frequently, that we haven't had the need. But if Hideaway builds that beach up and there is nothing protecting that sand from drifting in the pass, we're going to have a problem with the pass. And we can't stop them from building their beach up at their expense, because it is not a public expense, and it is their beach. So I think it does warrant further analysis. And, again, there just has to be a proportionality analysis to make a determination of what's the public benefit, what's the private benefit. The public needs to pay for the public benefit. Private parties need to pay for the private benefit. I don't think we have all the information here today, and I don't think, as its presented, it should pass. And I do feel at the end of the day, the county should be the petitioner for a portion of the total cost of the groins. So I'd like to make a motion that we continue this and allow staff to work with the engineers, both the county engineers and the Hideaway engineers, to come up with some, you know, proportionality analysis. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: You know, I never thought about that, but there is a public benefit the way you explained it. And the T-Groin is something that we need to be a part of to protect that Page 73 October 23, 2012 public benefit; however, the proportionality, that T-Groin is there for two purposes, to keep the sand -- COMMISSIONER HILLER: Right. COMMISSIONER HENNING: -- on the beach, the improved beach, but we also need to know what our fair-share costs should be. So I totally agree with it, so I'll second your motion. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay. There's a motion by Commissioner Hiller to continue this item until additional information can be collected, and it's seconded by Commissioner Henning. COMMISSIONER HILLER: And, again, I just want to repeat that the intent is that to the extent there's a public benefit, the county becomes the petitioner for these funds, not the City of Marco nor Hideaway, and Hideaway contributes their share out of their private funds, and the county contributes using TDC dollars and, of course, the TDC would have to approve that. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER HILLER: Yes. I'm willing to go along with that, because I think you're heading in the right direction. But I would love to hear the presentation if that is acceptable, unless you would like to wait for that presentation till another time. CHAIRMAN COYLE: Well, if it's going to be continued, you'll hear the presentation -- COMMISSIONER HILLER: I would wait. CHAIRMAN COYLE: -- when it's going to be scheduled again. COMMISSIONER FIALA: Bruce? CHAIRMAN COYLE: We don't know if the continuation motion will pass, but nevertheless. MR. ANDERSON: Commissioners, we'd like to come back to you at your next meeting with those numbers. And we do have an emergency situation here. I mean, that's why the city council passed a resolution that's in your agenda packet declaring this a public Page 74 October 23, 2012 emergency. So we don't want to go into, you know, continued delay on this. I understand the point about the proportionality question, and we'll be glad to get back with you on that. But, please, no undue delay. COMMISSIONER FIALA: And Commissioner Hiller hit it right on the head. If the city and Hideaway go to renourish their beach, it's all going back into the middle anyway. The T-Groins are essential in order to keep the sand on the beach and not fill in the pass, which was a point I was going to make later on; it's an excellent point. So if you guarantee it can come back to us at next meeting, I'll go along with that. MR. ANDERSON: And we're also going to take a look at prior history within the City of Naples and T-Groins and erosion-control structures that have been placed there and what proportionality, if any, has been used to pay for those. COMMISSIONER HILLER: Right. And the only thing I'll say with that is that it's difficult to compare proportionality. You might look at the approach that was used but, obviously, you know, if they're not beside -- if they have T-Groins that are not beside a pass, it might be very different. You know, if you're talking about drifting sands back down public beaches versus -- or back down private beaches or whatever they are. But you understand my point. I mean, it's -- right, okay. MR. ANDERSON: Thank you. COMMISSIONER HILLER: Thanks. CHAIRMAN COYLE: Okay. Commissioner Henning was next. COMMISSIONER HENNING: Yeah. There's no reason why this can't be presented before the CAC and the TDC. It's actually -- the way it was proposed and the way that it is explained are two different things. And I think that you can get support from our advisory boards if it is explained correctly. Page 75 October 23, 2012 COMMISSIONER HILLER: Right, exactly, and I think that's the problem. I think it was not correctly explained. But I have to say, I mean, things like this are not obvious. I had the benefit of going to the Beaches and Shores Conference. I spent three days listening to coastal engineers and surveyors. Gary, in fact, was one of the speakers there. And, you know, but for the education that I got, I don't think I would have seen this issue either. But I saw plenty of T-Groins over that three days. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I can't say that I feel very comfortable with the direction we're going on this, but I'm going to take the lead of the commissioner of the district. COMMISSIONER FIALA: And, really, I want to take the lead -- thank you. I want to see what our folks out on Marco Island have to say, if they are in agreement with this, do they feel that -- now, I didn't realize it was going to go all through the whole process again. How long will that take? I don't think we can stand to have a few more months because it's in such bad shape. COMMISSIONER HENNING: Well, the TDC's going to meet prior to our next meeting. I don't know when the CAC's meeting. Mr. McAlpin could probably help us with that. MR. McALPIN: The CAC will meet on the second Thursday of November. That will be the next meeting we'll have with the CAC. And then we'd have to take it to the TDC, which is the fourth Monday. So the soonest we could bring this back, if we did that with what you're suggesting, Commissioner Henning, would be in December. COMMISSIONER HENNING: Oh, okay. COMMISSIONER HILLER: No. That is not a problem, though. And if I may, I mean, I see that you're about to speak, but that does not in any way inhibit Hideaway and Marco from going forward with the engineering and the permitting, which they are, I think, in the process of working on. Page 76 October 23, 2012 So all we're talking about is paying for our proportionate share of any construction cost, which comes after that. So they still can move forward. MR. SAUNDERS: Mr. Chairman, if I might make a comment on the motion. CHAIRMAN COYLE: Okay. MR. SAUNDERS: My name is Burt Saunders. I'm with the Gray Robinson law firm, and I represent the City of Marco Island. And as has already been pointed out, the city council has passed a resolution declaring this an emergency. The erosion in this area is very dramatic. You have the photos of it. The CAC and the TDC have already met on this issue. They have voted not to fund this project, not to recommend it. So this is going to come back to you. And what I'm suggesting is that your staff can make this proportionality analysis over the next week or so. We'd ask that this be on your next agenda, get that report from your staff. Sending this to the CAC and the TDC, quite frankly, will be a useless act, because they've already reviewed this project. So it's really your decision. The public purpose has been determined by this commission in the past in terms of these T-Groins. The Hideaway Beach folks are going to pay for all of the sand. They're going to pay for the mobilization and demobilization for T-Groins to reduce the price, as well as the engineering, as has been pointed out. And so I think that the issue, really, is teed up for this commission to make the decision. But time is of the essence. So I would ask as the representative of the City of Marco Island that you go ahead and continue this to the next meeting and have staff develop that proportionality analysis and present it then as opposed to sending this to the TDC and the CAC. Thank you, Mr. Chairman and Commissioners. CHAIRMAN COYLE: Okay. Who was next? COMMISSIONER FIALA: Could I ask Burt something? Page 77 October 23, 2012 CHAIRMAN COYLE: Okay. Go ahead, Commissioner Fiala. COMMISSIONER FIALA: Burt, maybe this is lost on me. But if we're going to the TDC to ask them to fund just the T-Groins, and Marco Island and Hideaway Beach are paying for all of the rest, I'm not quite sure why I understand -- if we're asking -- say I'm asking, really, Commissioner Hiller. If we're asking the county to be a sponsor of this as well, but the money's still coming from the same pot, right? COMMISSIONER HILLER: Only the county could be a grant applicant for the TDC funds. Hideaway and Marco cannot, but the county can be, I mean, because it's a county asset that's being protected as a consequence of building those T-Groins. So to the extent that, you know, we're using the public fund for a public benefit, that's acceptable, but what's presented here today wouldn't work. And, again, Marco has to pay its fair share, Hideaway has to pay its fair share, and the county has to pay their fair share based on whatever benefit they're deriving. MR. SAUNDERS: And, quite frankly, who is the applicant, really, is a detail that the commission can make that decision. COMMISSIONER HILLER: Well, it's a material detail. MR. SAUNDERS: Right. No, I understand. It's an issue that's not something that has to be decided by the TDC or the CAC. You have this -- it's -- again, it's been teed up for you. We have a meeting, I think, in early November. And if it's going to be continued, I'd ask that it be continued to that date. The issue of who is the applicant, we can work with your staff and make that determination. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Commissioner Fiala, I'm going to have to apologize. I won't be able to support you on this if you want to continue it. I don't see any advantage to it. This has been before us many, many times. It's been reviewed. We've got everybody paying a fair share. And I think we're being waylaid and Page 78 October 23, 2012 that the whole intention of this is just to run it into overtime until an actual disaster takes place, and then everybody will be scrambling to figure out what happened. So forgive me, but I won't be able to vote with it -- with you. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Yeah. That statement was absolutely false. There's -- this hasn't been before us several times. And, in fact, Commissioner Coletta, I was down there this weekend. The pictures that we have before us is a different scenario today, okay. There are -- there is sand between the mangroves and the water. You know, the staff should really be going down there to find out what the real emergency is and what the real reason is why we want to push this forward. If you want to get it on the next agenda, I could support that; however, I think the best way to do it is for on our advisory boards to analyze it, because it is a different animal. And it's never been before us, Commissioner Coletta. So -- hang on. I got the floor. So, anyways, I'm going to support the motion. If you don't want to support, that's fine. COMMISSIONER COLETTA: And -- can I respond? CHAIRMAN COYLE: Okay. Go ahead. COMMISSIONER COLETTA: Well, you're right. The advisory boards have weighed into it. It was just about split down the middle. Obviously, there's some disagreement with what's taken place by the amount of people that support it from one direction or the other. This has been an issue before us many times. I think that this is something that we have analyzed and we have talked about long enough, and I'm willing to make a final vote on it not, to continue it. MR. ANDERSON: And if I may, the TDC and the CAC were presented with the argument about reducing future maintenance costs for dredging a channel, and it fell upon a majority of deaf ears. And Page 79 October 23, 2012 they got hung up on the public-access issue, which is only relevant if we were asking for sand, and that's not what is at issue. It's erosion-control structures which are clearly allowed by the TDC funding policy. CHAIRMAN COYLE: Okay. MR. OCHS: Commissioner Coyle? CHAIRMAN COYLE: We have a motion. I'm sorry. Go ahead, County Manager. MR. OCHS: Staff would like some time if you're asking us to do a thorough analysis of the public benefit. To do a good job for you, we'd need some time, and we prefer to come back at your December meeting. If we're forced to come back on the November meeting, obviously we'll do that. But we'll do the best job we can within the time available, but it may not be totally complete at that time. CHAIRMAN COYLE: I want to make sure that everybody clearly understands what you're being asked to do, including the staff. MR. OCHS: Yes, sir. CHAIRMAN COYLE: You're being asked to evaluate the relative benefits for the county, the public, and Hideaway Beach and Marco Island to determine how the cost of the structures should be shared with all of those people. That is different from the current proposal. MR. OCHS: Absolutely. -- CHAIRMAN COYLE: The current proposal says that the county you're asking the Board of County Commissioners to make a decision as to whether the money can be used to build the T-Groins. That's not what you're being asked to do now, which is okay. I dust want to make sure when we bring it back you've got the right answers. You're going to have to determine the extent to which the T-Groins benefit Hideaway Beach by retaining their sand, and they're going to have to pay for that portion of the T-Groins in addition to the Page 80 October 23, 2012 sand. MR. OCHS: That is my understanding. CHAIRMAN COYLE: That's exactly what you've been asked to do. So if that is your understanding, then you're going to have to come back with appropriate information that will support a recommendation. MR. OCHS: And that's why I would like some time to do that properly, and I -- if Commissioner Hiller could -- COMMISSIONER FIALA: Could we hear from Bruce Anderson on this subject? MR. OCHS: I want to make sure -- because Commissioner Hiller brought this item forward. If I'm misunderstanding your intent, ma'am, please let me know. COMMISSIONER HILLER: No. I think you're absolutely correct. And the bottom line is, we can't use public dollars to benefit private property. We have to use the public dollars for a public purpose. And what I would suggest is that, Bruce -- and Bruce and I have talked about this, and he understands and completely sees where I'm coming from on this issue. What I recommend, in the interest of -- you know, if you're concerned about time, then I think you need to have your engineers develop that proportionality analysis, get the work done, and present it to staff for their review and approval. The burden shouldn't be on them; it should be on you to show them what you believe your proportionate liability is with respect to those T-Groins. And staff doesn't have to go out and, you know, hire a consultant and go through all the processes that we normally have to do. Let staff review it. The second thing is, with respect to the expenditure of TDC funds, it must go back before the TDC to get approval of that expenditure. It doesn't have to go before the CAC. Page 81 October 23, 2012 But when we expend TDC funds -- and as Commissioner Coyle properly pointed out, this is being framed as a different question than what the TDC denied. I think going before the TDC, which is easy to do in light of the fact it's before the November meeting, shouldn't be a problem. So just present the engineering, get staff to review it, bring it before the TDC, let them approve it as the county being the petitioner for its proportionate share for the public's benefit, and then bring it back to the board. And you could be here by November, and there shouldn't be a problem with that. COMMISSIONER FIALA: Bruce, could we hear from you? CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Then I'll have a comment right after Bruce. MR. ANDERSON: Okay. The Hideaway Beach district is a creature of the City of Marco Island. The City of Marco Island, through its city attorney, has made clear that they want an up-or-down vote today, and I'm not in a position to overrule or dispute that. I can tell you that the district is bumping up against a December deadline. The engineering for the sand and the T-Groins has been completed. The permitting is in process. I did ask the engineer to give me a breakout of some dollars of what portion of the T-Groin costs that are not included in the 925- that we're asking for that the district is picking up. And in terms of extra engineering fees, it's $82,500, and for mobilization/demobilization costs, that's $72,000. So there we're talking about $154,000. And then on top of that, the Hideaway Beach district in the City of Marco Island contributed $50,000 in engineering fees towards the cost of the actual dredging that occurred in anticipation that they would receive some of the sand that got dredged, and they did not get a single gram of sand. Instead, it was deposited on the near shore in anticipation that it will wash on shore. Page 82 October 23, 2012 COMMISSIONER HENNING: Offshore. It won't wash offshore. MR. OCHS: Onshore. COMMISSIONER HENNING: Onshore. MR. ANDERSON: Onshore. COMMISSIONER HENNING: Offshore. MR. ANDERSON: Thank you. CHAIRMAN COYLE: Okay. MR. MILLER: Mr. Chairman, you do have eight registered speakers, including Mr. Anderson and Mr. Saunders. CHAIRMAN COYLE: So that's six. MR. OCHS: Six more. COMMISSIONER HILLER: Can I -- CHAIRMAN COYLE: Wait, just a moment, just a moment. You know, it makes no sense to have six or eight public speakers if we're going to continue this item, because we'll be talking about something different if we continue it. We have a motion. Is there anybody here who wants to speak in opposition to continuation? Opposition to continuation. MR. KRASOWSKI: How about something other than opposition to continuation but it's just as relevant, right now and here, that would impact the thought process? CHAIRMAN COYLE: You can't speak from the audience. MR. KRASOWSKI: I'm sorry, sir. CHAIRMAN COYLE: Now, are you opposed to a continuation of this item? MR. KRASOWSKI: Not especially. CHAIRMAN COYLE: Okay. Then we have nobody -- are you -- are you opposed to the continuation of this item? MR. GIBSON: Yes, I am. CHAIRMAN COYLE: Okay. Then please state your name and Page 83 October 23, 2012 MR. KRASOWSKI: I still want to speak on this item. CHAIRMAN COYLE: Bob, we'll get to you, okay. MR. KRASOWSKI: Okay. I mean, you're just dismissing it. MR. GINSBERG: Chairman, I'd still like to speak. I came all this way, and I'd really like to speak. CHAIRMAN COYLE: We're not going to keep anybody from speaking. I just want to hear people who are opposed to the motion. Yes, sir, go ahead. MR. GIBSON: Thank you. My name's Jerry Gibson. I'm a sitting councilman for the City of Marco Island. And I just wanted to stress that we do not take likely (sic) declaring an emergency, and despite, perhaps, what Commissioner Henning may have saw the other day during high tides and in storm situations, it is an emergency situation. So any needless protraction of this is silly. It should be acted on and treated as an emergency and move forward. And I might just add, if Commissioner Henning's ready to change his vote, then we may have a majority for -- from the TDC. CHAIRMAN COYLE: Thank you. Okay. Call the next public speaker. MR. MILLER: Your next public speaker would be Bruce Anderson. COMMISSIONER HILLER: I would like to ask a question of the councilman. I heard Bruce Anderson just state that the Marco attorney, who I believe is Burt, took the position that it had to be an up-or-down vote today. Is that the position you're taking? It is? MR. GIBSON: I would encourage you to make it an up-or-down vote today. COMMISSIONER HILLER: Yeah. I prefer the term "encouragement" than saying it is or isn't, because my concern is, what I heard Mr. Anderson say sounds very much like an ultimatum to Page 84 October 23, 2012 this board, which I don't find acceptable. And if what is being presented today here has to be decided upon, I assure you, I would not support it. Unless I get the information that I have requested to justify the use of public dollars for a public purpose, under no circumstances could I award -- could I vote to award TDC funds to the City of Marco and to -- or I should say to Hideaway Beach as it's been described. So, you know, I was hoping to bring some fairness to the process by suggesting a continuance. But if you want my vote today, then I will say on the record that I would agree with Commissioner Coletta and I would vote no. MR. GIBSON: First of all, I don't think it was given as an ultimatum by our city attorney. I think he's probably in favor of it being acted on in -- no later than November. COMMISSIONER HILLER: Which is doable. MR. GIBSON: And, frankly, you know, I'm not a politician. I'm a statesman. So I would certainly never give ultimatums. COMMISSIONER HILLER: Thank you. MR. GIBSON: I'm looking for a solution, and -- but I think we need to stop delaying it. This is -- this is really Phase III of the T-Groin. COMMISSIONER HILLER: What I would like to see is the GIS which shows us in real time exactly what it looks like right now. CHAIRMAN COYLE: Come on. Let's get back to topic, please. COMMISSIONER FIALA: You know, this is my district, and I'd love to participate in this. CHAIRMAN COYLE: Yeah. Go ahead, Commissioner Fiala. COMMISSIONER FIALA: Yes, I really would. First of all, I wanted to ask my city councilman if this -- if the city could prolong this for just one meeting, guaranteed one meeting. I don't know if it can go through all of this process. I know at the TDC Commissioner Henning fought it tooth and nail and really kind of turned the people Page 85 October 23, 2012 against it. If he has a change of heart, then it's worth going to another meeting. I don't believe at all that Commissioner Hiller had any ulterior motives. I think she just wants to get some facts. I think the way we've presented it today is very good. I don't see any problem with this, and I'm willing to vote if I have a couple more votes here, but I'd need some, you know, people to tell me yes, you know, I'm willing to do this; otherwise -- COMMISSIONER HILLER: My motion stands -- COMMISSIONER FIALA: -- I would like to -- oh, I know that. COMMISSIONER HILLER: -- to continue. COMMISSIONER FIALA: I know that. MR. GIBSON: I have served on the TDC with Commissioner Hiller. I know her penchant for wanting facts, so -- COMMISSIONER FIALA: And that's fine. And I feel, along with that, something that has happened with the TDC, they just presented this fine plan, and I thought it was a wonderful plan, their advertising plan, and right on here it says something about how the beaches are private -- it says it twice in here on the slides -- and it also says something about exclusive, and I think that that's a wonderful thing. Now, these beaches aren't actually private, but they are -- anybody can get to them. And the hotels, actually, as you well know, have shuttles back and forth constantly because their people can't get any shells on the sand in front of the hotels because they're all swept clean of shells. So they shuttle them back and forth all the time. And we know boaters can get there, and people walk their dogs and so forth. And as well as just sun themselves because they want to feel like they're in a more exclusive beach, just as the TDC advertises in their promotions. Now, if it would -- I like the way it's set up right now. Everybody's paying a good share. I don't feel that those figures need Page 86 October 23, 2012 to be changed any at all, but if we have to wait one more meeting to come to a positive conclusion in favor of getting this job done, then I'm willing to go there. And I want to hear from you. MR. GIBSON: I'm in total agreement with everything you've just said, Commissioner. COMMISSIONER FIALA: Okay, fine. MR. GIBSON: Absolutely. COMMISSIONER FIALA: All right. Thank you. MR. MILLER: Commissioner, your next speaker is Bruce Anderson. He'll be followed by Michael Poff. MR. ANDERSON: Hi, Commissioners. I won't address the substance. I just want to make clear I was not issuing an ultimatum. COMMISSIONER HILLER: Thank you. MR. ANDERSON: I was just repeating what I thought I understood the city attorney to say that they wanted it voted on today. That's all. If you're going to continue it to your next meeting, then I have nothing to say today. CHAIRMAN COYLE: Next? MR. MILLER: The next speaker is Michael Poff. He'll be followed by Erik Brechnitz. MR. POFF: Good morning. For the record, Michael Poff. I'll be very brief. As the engineer of record, the situation is there's an emergency that's been declared by the city. It's a highly critically eroding beach. No one on the TDC or the CAC has disputed the technical aspects of the project. There's also other issues; as the sand moves alongshore into the channel, it fills in. It causes scour on the opposite shoreline. So there's an emergency on that property as well. Commissioner Henning, you're right, there is sand in front of those mangroves now. That's the sand that was placed during the Page 87 October 23, 2012 Collier Creek dredging project that, in absence of the structures that aren't there now, that sand will move into the inlet and fill it in. We have a sediment budget developed for the shoreline. Our firm commits to working with you and your staff and the City on Marco on a proportionality basis if that's what you'd like to see. As far as schedule goes, our goal is to be out to bid with this on December 1st. If we can achieve that schedule, then I will work diligently to help you make that schedule. Thank you very much. COMMISSIONER HILLER: Can you put the GIS up so we can see what it looks like right now? MR. POFF: I'm not sure I have the ability to do that. The picture I have is not current. It's a 2012 aerial. COMMISSIONER HILLER: Gary? I mean, we can just link to the Internet. CHAIRMAN COYLE: We'll see it if it's reheard, you know, or we'll see it today if it is heard. One way or the other. We are taking public comment. MR. MILLER: Your next public speaker is Erik Brechnitz. He'll be followed by Burt Saunders. MR. BRECHNITZ: My name is Erik Brechnitz, and I'm chairman of the Marco Island special tax district for Hideaway Beach. I'm also a resident of Hideaway Beach. And with regard to Mrs. Hiller's proposal to move this to November, November really doesn't hurt us much. December kills us. We have a timeline to get this project done prior to turtle season starting. The timeline is very tight. Any delays is like a stack of dominoes falling. So we are going out for bid, hopefully, on the 1st of December. That gives us precious little time to figure out how in the heck we're going to pay for this thing if you folks deny our request. So if you're going to vote to postpone it -- I would prefer that you Page 88 October 23, 2012 vote today. But if you're going to vote to postpone it, please in your motion write on tablets that it will be at the November meeting we will consider this again. COMMISSIONER HILLER: My motion includes that, and it includes that it goes before the TDC. CHAIRMAN COYLE: Next speaker? MR. MILLER: Your next speaker is Burt Saunders. He'll be followed by Bob Krasowski. MR. SAUNDERS: Mr. Chairman, Commissioners, just for clarification, I did indicate that continuing it until November was certainly acceptable. I understand the need for the analysis of the engineer. We'll be able to get that done and to the county in advance of that meeting. I've sat in your position before, and I know that someone coming to you and giving you an ultimatum doesn't set well, and I would not do that, and I didn't do that. So I just wanted to clarify that. COMMISSIONER HILLER: So we can all bring (sic) Bruce, right? CHAIRMAN COYLE: Next speaker? MR. MILLER: Your next speaker is Bob Krasowski. He'll be followed by Graham Ginsberg. MR. KRASOWSKI: Hello, Commissioners. Bob Krasowski. Being that we didn't get the full presentation, could someone point out to me where the T-Groins are going to go and exactly what amount of beach is to be renourished? MR. McALPIN: Commissioner, the T-Groins are going to go in this location right in through here. The three T-Groins, 1, 2, and 3 (indicating) most probably, and that's the area where the beach will be renourished, too. MR. KRASOWSKI: Okay. Thank you, Gary. I find the proportionality concept very appealing. I do believe that the funds should go to public beaches and not private or Page 89 October 23, 2012 semiprivate beaches or beaches with restriction of access. Bruce said something about comparing this project to City of Naples beaches, but City of Naples beaches have access up and down the coast at every block at the end of the beach, so it's nothing like that. But the proportionality and the privacy are issues, but proportionality kind of deals with that. I would think that they should consider paying for the erosion-control structures themselves out of the monies -- 145 -- $1,425,000 that they have, because if you put the control structures there, you'd start getting accretion. That's when the sand builds up. If they put it out in the water, it doesn't go away. It goes up onto the beach. That's what Bruce was talking about earlier. So if you want to get real nit-picky on economics, you put the -- control structures in, and that helps the beach build, and then you go from there. I find the suggestion that we take into consideration the public benefit of keeping the pass open a very creative concept. Bruce said that they have considered that already. But if that's something you feel is beneficial, I think it carries a lot of weight for somebody like me that says don't do it if it's not a public benefit. COMMISSIONER HILLER: Oh, I agree. MR. KRASOWSKI: But the -- yeah, so that would leave $490,000 for them to do this, and it would involve TDC money. So -- but just some comments, and I'll be back next time. MR. MILLER: Your next public speaker is Graham Ginsberg. He'll be followed by Brad Cornell. MR. CORNELL: I waive. MR. MILLER: Then this is your final speaker on this item. MR. GINSBERG: For the record, Graham Ginsberg. I've got something for the overhead. Can we put this on? And I got a couple of pictures as well. Can you pass one of these to the commissioners? How are we going to get one of these to the commissioners? Just pass Page 90 October 23, 2012 it down here? Basically you've got a couple issues here. I'm coming to speak about access. The letter I'm handing out was written by Billy Collins, a longtime resident of Collier County, and he was kicked off Hideaway Beach about 10 years ago. In my opinion, the situation hasn't changed. I consider it a hostile environment for tourists. It's very difficult to get to. The picture I'll show you is very current. It's with my children walking to the beach. It's at low tide. It's a long walk. It's two hours -- two miles roundtrip. That's high tide -- I mean, sorry, low tide. And you can see, not exactly ideal conditions. You've got to walk one mile there and one mile back. There's no bathrooms along the way. There's no places to drink fresh water. That's a -- the one picture. This here's the T-Groins. It doesn't look anything like the picture you saw of T-Groins. That is Hideaway Beach. You can see they're using metal for -- and that was actually metal coated. They are very corroded already. I don't consider that, you know, top-quality work, and I'm here to complain about the work not only with these T-Groins but this problem we notice as well. That is Gordon Pass. The T-Groins are falling to pieces, okay. That's our money that is being wasted. All right. Those bars are all over the beach, okay. There's one of those blocks that just falls to pieces. They're positioned right next to the wall. There's one of them in place you can see. This is just shoddy work. There's nails that are holding these together, and they also are lying in the sand. Not good work at all. All right. I also took exception to what Commissioner Coyle's -- Commissioner Hiller calls a private beach. As far as the State of Florida is concerned, there are two sections to a beach, a dry section and a wet section. The wet section is owned by the state. To have a private beach, both sections need to be privately owned. You would Page 91 October 23, 2012 agree with that? COMMISSIONER HILLER: Yep. MR. GINSBERG: So this is a public beach with private access. Not a private beach. I want to be clear about that, because this is perpetuating misinformation. COMMISSIONER HILLER: Say that again. Say that again. If you say this is a public beach -- MR. GINSBERG: It's a public beach because not both parts of the beach are owned privately. COMMISSIONER HILLER: So -- well, part of the -- are you saying the part -- the wet-sand portion of Hideaway -- Bruce, is the wet-sand portion of Hideaway public or private? There are some fully privately-owned beached in Collier. Is that one -- is the wet-sand portion privately or publicly owned? MR. GINSBERG: This has been gone over for years. It is public -- there's an erosion-control line established in '95, as far as I know. It's the same as in front of the Ritz Carlson. COMMISSIONER HILLER: So are you advocating for the use of public funds for that private beach -- or for the public portion of that private beach? MR. GINSBERG: No, because -- COMMISSIONER HILLER: -- that, quote, private beach? MR. GINSBERG: I'm not for this project at all. In fact, I was against the project many years ago. And you can see the date on that was around 2004 when they asked for money. I'm not for spending public funds at all in this area. And if you look at the aerial photograph that we had a little earlier, that -- that island that's been created to the south that we had up on the overhead is really made by our tax dollars. The sand that gets dumped on that beach -- whoever pays for it gets washed down to the mouth further south, and that's that island that you see being formed. Page 92 October 23, 2012 If you look back in the aerial photographs going back to 1940 and advance it to 1995, you will see where our tax dollars go. It goes to that island. And I don't think it helps the residents of Hideaway Beach, because when they look out now they see mangroves. They don't see water. That's a huge problem for them. I don't know how they can say that they have a waterfront property now. They've got bayfront property. It's not -- it's not the Gulf of Mexico anymore. That's our tax dollars that are being pushed down there. And there were T-Groins back then. They used to use Hessian bags. Now they're using these other structures. They don't work to hold the sand on the beach. They do somewhat slow the erosion process on the beach itself. And, Commissioner Fiala, I sent you an email probably about 2004/2005 showing you a picture that I outlined with a hard structure along the entire coastline here, and I asked that it be paid by the Hideaway Beach residents, and the DEP didn't want to pass it because it was a hard structure along the entire coast. So we're at the same point now, just putting these little segments in, but you're asking us to pay for it. I would say hardline the entire coastline and have them pay for it, because these structures you're putting up are a waste of our money, and they're not going to last. Thank you. CHAIRMAN COYLE: Okay. That was the last speaker? MR. MILLER: Yes, sir. CHAIRMAN COYLE: Okay. Everyone in favor of the motion COMMISSIONER FIALA: Well, I just want to make sure -- CHAIRMAN COYLE: -- to bring this back in November -- COMMISSIONER FIALA: That it -- yes. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: And there's no ifs, ands, or buts; it Page 93 October 23, 2012 definitely comes back in November, or I won't vote for this. CHAIRMAN COYLE: That's what Commissioner Hiller's motion said, and she reiterated. COMMISSIONER FIALA: And you, Commissioner Henning, your second? COMMISSIONER HILLER: It goes to the TDC, comes back in November. COMMISSIONER FIALA: The look on his face is telling me no. COMMISSIONER HILLER: Let me repeat my motion. My motion is that Hideaway does the engineering work that shows the proportionality and brings it to staff so that they have the opportunity to review and determine whether it's acceptable or not; that the executive summary is redrafted to show that the petitioner will not be Hideaway or Marco but rather Collier County for the -- with respect to those funds that serve a public benefit; and that it be brought back to the TDC for approval, because it is going to be an expenditure of TDC funds; and then it be brought back to the board in November. COMMISSIONER HENNING: And the TDC can have an emergency meeting. COMMISSIONER HILLER: Yeah, just like we did on Wiggins on the bathrooms. MR. OCHS: Sure. COMMISSIONER HILLER: That's not a problem. MR. OCHS: And I don't know if you need an emergency meeting. You meet before your next board meeting but after we go to publication with the agenda. So we would have to report verbally at the meeting -- COMMISSIONER HILLER: That's fine. MR. OCHS: -- what the vote of the TDC was, if that's okay. CHAIRMAN COYLE: Yeah. We've done that before. MR. OCHS: Yeah, we've done that before. Page 94 October 23, 2012 CHAIRMAN COYLE: So it's not -- COMMISSIONER HILLER: Yeah. So November is fine. COMMISSIONER FIALA: Bruce and Burt, what are your -- you know, what are your comments about that? MR. ANDERSON: Well, I'm -- COMMISSIONER HENNING: Dumbfounded. MR. ANDERSON: I'm a little puzzled about going back to the TDC because it involves TDC funds. I mean -- COMMISSIONER HILLER: Well, the expenditure -- COMMISSIONER FIALA: Either way it does. MR. ANDERSON: Yeah. I mean, when they considered it before, it involved TDC funds. COMMISSIONER HILLER: They didn't. The petitioner was not the county. The applicant for the grant funds was not the county, Bruce. The applicant for grant funds was Hideaway, and that is not going to work. The applicant for the grant funds has to be the county, and it has to be clearly demonstrated that the funds that are being awarded will serve a public benefit, and that will be established through the proportionality analysis. COMMISSIONER FIALA: Bruce, would you guys -- can we have them talk about this over our lunch break and come back? They get to talk with their people and let us know, because right now I'm willing to vote yes for this, but I don't know if I have the other votes on here to approve it and move this thing on. It sounds like we're just kind of moving it around here. COMMISSIONER HILLER: Well, you've got my support. Commissioner Henning, do you agree? So you have the three votes. COMMISSIONER HENNING: I think it's a better approach than it was before, and I disagree with Bruce Anderson the way it was presented. The Florida Statutes are very clear, Mr. Anderson. I'll be happy to provide it for you. Page 95 October 23, 2012 COMMISSIONER FIALA: I think Bruce has done a fine job so, you know -- and Bruce has worked with these people all along. Now, you know, what I'm trying to get at is are we putting it off for one meeting but to change the whole context of this? See, I can't understand why the county would apply for this when it's there on Marco Island and it's part of the Marco Island taxing district, and Marco Island collects the TDC funds, and Marco -- COMMISSIONER HILLER: No, we collect TDC funds. COMMISSIONER FIALA: -- and that whole pass, not only does it benefit all of the boaters that come in and out, it benefits the people on the other side, Isles of Capri. I just don't -- I'm not quite sure. I'm willing to go there if I'm going to get a yes vote, but is it going to change so much that it's not going to do any good. COMMISSIONER HILLER: Why don't we ask the county attorney to explain. COMMISSIONER HENNING: No. We use the TDC funds to dredge that waterway, correct? COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: And what Commissioner Hiller is saying, T-Groin -- a T-Groin there will protect that public access which TDC funds were used previously. COMMISSIONER FIALA: So I -- so, in other words, you feel TDC should pay for the T-Groins, but you want it written differently but still the same thing? COMMISSIONER HENNING: No, it's -- no, no. COMMISSIONER FIALA: Ah. COMMISSIONER HENNING: It's proportionately. You need to have the proportionality; that's what Commissioner Hiller is saying, and that never was presented that way. COMMISSIONER FIALA: I'm feeling real uncomfortable with this now, I'll tell you. COMMISSIONER HILLER: Let the county attorney explain it. Page 96 October 23, 2012 MR. OCHS: Commissioner, as I understand, the bottom line is the proposal in front of you is for the district to pay for the engineering, the design, and the renourishment of the beach, and for the board to pay for the full cost of the three T-Groin structures. COMMISSIONER FIALA: T-Groins, right. That's the way it's written now. MR. OCHS: Right, but where we're heading with this is to evaluate the proportionate public benefit of the cost of those structures versus the private benefit so that the likely net result is that the $925,000 investment by the board will be reduced when we come back -- COMMISSIONER FIALA: I see. MR. OCHS: -- as I understand the -- COMMISSIONER FIALA: And how many votes do we need on this, to pass this? Three? Okay. Thank you. MR. OCHS: One other alibi, and I'm sorry, sir. I got the CAC and the TDC meetings reversed for November. So we may need to have a special meeting, Commissioner Henning, of your TDC board if you want to review this and make a recommendation prior to the November 13th meeting. COMMISSIONER HENNING: There's no reason why they can't -- we can't. MR. OCHS: Okay. I'm just letting you know. COMMISSIONER FIALA: I'd really like to confer with -- unless you'd like to vote on it now, then I cannot vote for it. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Call the question. CHAIRMAN COYLE: All in favor of the motion, please indicate by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. Page 97 October 23, 2012 CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: So the motion fails 3-2, and that leaves us right where we started -- COMMISSIONER FIALA: Well, I'll -- CHAIRMAN COYLE: -- at the beginning of the day. COMMISSIONER FIALA: -- make a motion to approve. We didn't start there. I make a motion to approve this and move forward with it immediately. COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: Okay. I've got a second. CHAIRMAN COYLE: Okay. We have a motion by Commissioner Fiala to approve this item -- COMMISSIONER HILLER: It's an illegal use of TDC funds. CHAIRMAN COYLE: -- and a second by Commissioner Coletta. Now, I have some questions. There's been a lot of debate about whether or not this is a private beach or a public beach and whether or not it's in the public's best interest to spend this money to build the T-Groins. We all know that the T-Groins will be built probably in an area which is clearly state property, right? You're not going to build it on the land; you're going to be building it into the water. Is that true or not true? MR. POFF: For the record, Michael Poff. The significant majority of the structures are seaward of the erosion-control line, which is on state-owned land. It's just the trunk that anchors into the uplands that would be on upland property. CHAIRMAN COYLE: Okay. But it will benefit private property; will it not? MR. POFF: Again, for the record, Michael Poff. Page 98 October 23, 2012 Yes, sir. CHAIRMAN COYLE: Okay. And there is a provision in our ordinance which permits non-eligible beaches to receive that kind of support and funding; is that true? MR. POFF: Yes, sir. If it's declared in the public interest. CHAIRMAN COYLE: County Attorney, do you agree with that assessment? MR. KLATZKOW: You must declare a public interest. CHAIRMAN COYLE: Okay. So that brings us to public interest. What is the public interest in building T-Groins? MR. POFF: It will retain the sand on the beach, and it will not move alongshore into the navigation channel, reducing future maintenance dredging costs. CHAIRMAN COYLE: How much did it cost to dredge that channel the last time we did it? MR. POFF: On the order of $300,000. I don't have the exact figure, sir, but it was -- CHAIRMAN COYLE: And we do it, on average, how frequently? MR. McALPIN: We do it on an approximately eight-year cycle. It depends upon the infill rate. COMMISSIONER FIALA: And the infill rate was a little bit short because there was no sand to go back on there because it was all there already; is that correct? I'm sorry. CHAIRMAN COYLE: I've got a couple more questions. I need to understand what is the public benefit to putting the T-Groins there. Forget the benefit to Hideaway Beach. I want to understand clearly what the public benefit is to putting the T-Groins there. MR. SAUNDERS: Mr. Chairman, I think there are two public benefits. One, of course, is slowing down the rate of filling in the canal or the channel there, and that's clearly a public benefit. But you also -- seaward of the erosion-control line is all public beach. Those Page 99 October 23, 2012 T-Groins will help preserve that public part of the beach. Access is a problem, but there is access. You could walk there. You can boat there. So you have two general public interest issues that are being met. But the primary one is to prevent the filling in of the channel. CHAIRMAN COYLE: And one of the speakers has been very, very clear in his contention that there are no private beaches there. The property owners do not have the authority to keep someone from beaching a boat there or walking along that beach; is that a fair statement? MR. SAUNDERS: That is correct. I think Florida law is clear, and I'm sure Mr. Klatzkow can confirm, but -- MR. KLATZKOW: It's the erosion-control line. MR. SAUNDERS: Seaward of the -- MR. KLATZKOW: You've got wet sand and dry sand. Wet sand is the public. Your problem with that, of course, is high tide. Well, then there is none. It's just the dry side. MR. SAUNDERS: Well, when you do a beach renourishment project, you establish an erosion-control line, and so I don't know where that line is, and the engineer can certainly elaborate on that, but there is -- CHAIRMAN COYLE: Okay. Can someone tell me what public interest is served by letting that beach erode to the point of destruction of homes? MR. SAUNDERS: There is no public benefit to that. The councilman was just pointing out that there are public restrooms. I'm not sure if they've been constructed. MR. GIBSON: They have been constructed. MR. SAUNDERS: There are public restrooms there now. CHAIRMAN COYLE: In that section of beach? I thought they were in the southern portion. MR. OCHS: They are. Page 100 October 23, 2012 MR. SAUNDERS: Just to the south of it. MR. OCHS: It's the southern. CHAIRMAN COYLE: Yeah. I think they're only in the southern portion, yeah. I guess here's where I come down on this: I've often thought this distinction of public benefit is sort of phony. There is no public benefit, in my mind, to letting a beach erode to the point it causes destruction of structures or it causes elimination of beach. It's clearly not the property of the property owners. The state asserts control over that portion where the groins would be installed. So I can't find a public benefit for doing nothing. What's the public benefit in that? Marco contributes a substantial amount of money, their visitors. MR. SAUNDERS: Twenty-two percent of your tourist development fund comes from Marco Island. CHAIRMAN COYLE: Twenty-two percent. They contribute a substantial amount of money for the -- to the TDC. And when they declare an emergency and they say they'd like some of their money spent for that purpose, I have to consider it to be a credible request. So I don't find -- I don't see, personally, any prohibition from a finding of personal -- or of public benefit in building those groins there. And that's all we have to do, is to make a determination that it is in the public benefit to do that and let the taxing district and Hideaway Beach Marco, if they wish, fund the cost of the sand. So I'll vote in favor of the motion, and the motion carries -- well MR. OCHS: You have to make a motion. CHAIRMAN COYLE: We haven't called it, have we? MR. OCHS: No. COMMISSIONER HILLER: No. CHAIRMAN COYLE: All in favor, please signify by saying aye. Page 101 October 23, 2012 COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay. The motion passes 4-1 with Commissioner Hiller dissenting. COMMISSIONER HENNING: I did have my light on. CHAIRMAN COYLE: I'm sorry? COMMISSIONER HENNING: I said I did have my light on. I agree with your statement; however, using TDC funds for structures, renourishment, jetties or whatever, it shall have public access, and it's never been defined of what the definition of public access is except for Statute 161 of the Florida Statutes. And I think it's very important when the -- when a portion of the statute is not clarified, you have to use the total statute, not just part of the statute. We have clarified what public access means, too. So -- CHAIRMAN COYLE: Well -- but that just determines whether or not it's an eligible or ineligible beach. We have the authority under our ordinance to allow replenishment -- or allow erosion-control expenditures on beaches that are ineligible. That is correct. COMMISSIONER HENNING: We can't supersede Florida Statutes. COMMISSIONER HILLER: Absolutely. COMMISSIONER HENNING: And this is the challenge that's going to go on. It's a shame that this issue is being pushed the way it is to try to find that true public benefit. COMMISSIONER FIALA: Do you boat in that pass? COMMISSIONER HENNING: No, absolutely not. COMMISSIONER HILLER: Can I? COMMISSIONER HENNING: But I can. Page 102 October 23, 2012 CHAIRMAN COYLE: I don't anymore, but I can, yeah. I'm sorry, the -- we're finished. MR. ANDERSON: I didn't know if Commissioner Henning was making a motion to reconsider or not. CHAIRMAN COYLE: I don't know. We won't know that yet. MR. ANDERSON: Are you making one? Because you're allowed to do so while the item is still on the table and everyone's in the room. I didn't know if you were -- if you wanted to make that now or not, or are you waiving that? COMMISSIONER HENNING: Are you asking me? MR. ANDERSON: Yeah, I'm asking you. COMMISSIONER HENNING: I don't remember me every saying reconsideration, but we can ask the court reporter if I ever said anything about reconsideration. CHAIRMAN COYLE: No, he didn't. COMMISSIONER HENNING: Commissioner -- the chairman hasn't heard that I said reconsideration. COMMISSIONER FIALA: You were just opposing what -- your vote, so I guess -- CHAIRMAN COYLE: I think he's just looking in his crystal ball, Commissioner Henning. COMMISSIONER HILLER: I would like to make a comment with respect to my vote. CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: Your argument doesn't make sense, Commissioner Coyle. CHAIRMAN COYLE: Well, of course it doesn't. COMMISSIONER HILLER: In fact, the statute provides that what is a publicly accessible beach, and it has both a factor considering the amount of parking available as well as restroom facilities in order for a beach to be considered publicly accessible. I'm not sure that the ordinance that we have that provides that we Page 103 October 23, 2012 can use TDC dollars to benefit a private beach is valid, and I think this needs to be brought back and looked at very carefully. I don't know when the ordinance was originated or amended to reflect that, but I think that it requires scrutiny. And I think it goes to the legality of the expenditure, which raises the question as to whether the clerk can or cannot pay this given the statutory limitations. I think a full legal analysis is required and I, quite frankly -- if it can be done and if the statute legally provides that the type of beach Barefoot has -- I'm sorry, not Barefoot -- but Hideaway has does qualify for public funding, then that should have been brought forward by the County Attorney's Office before this debate occurred. Now -- and I'm not finding fault with you. I'm not finding fault with you. MR. KLATZKOW: We did sign off for legal sufficiency. CHAIRMAN COYLE: Yes, that's right. COMMISSIONER HILLER: Okay. Well, not in light of the argument that's being presented, because the argument that Commissioner Coyle presented is not an argument I have ever heard. CHAIRMAN COYLE: Well, let me read it to you. COMMISSIONER HILLER: No, no. Then let me just also -- CHAIRMAN COYLE: You don't want me to read it. COMMISSIONER HILLER: No. And I also want to say this. Legal sufficiency is not enough. I want to know if it's legal. MR. KLATZKOW: Commissioner, we believe it's legal, okay. If three of you want me to go to the AG's office to get an opinion, I can do that -- COMMISSIONER HILLER: I would like that. MR. KLATZKOW: -- but your TD statute -- your TD statute also says that the TDC can make a request to the Department of Revenue if they find something, you know, that they dislike about it. And that's another remedy that's available. COMMISSIONER HILLER: Well, I think we need -- I think Page 104 October 23, 2012 this needs to be validated, because there's no reason for this debate to be recurring if, in fact, these funds can be used in the manner in which it's being proposed. MR. KLATZKOW: I would need a majority support for that before I would go to the attorney general. CHAIRMAN COYLE: Well, why don't we just read from our ordinance. COMMISSIONER HILLER: No, I want -- CHAIRMAN COYLE: No. I'm going to read from the ordinance. My light is on right now. COMMISSIONER HILLER: Go ahead, Commissioner Coyle. CHAIRMAN COYLE: An area of an ineligible beach that is subject to high erosion may have erosion-control structures installed with Category A funding from the TDC. End of story. COMMISSIONER FIALA: It's pretty clear. CHAIRMAN COYLE: It's very clear. So -- now, we're finished with this, I hope, okay. It's been done. We're breaking for lunch because I'm hungry. Thank you. (A luncheon recess was had.) MR. SHEFFIELD: You have a live like. CHAIRMAN COYLE: Okay. Ladies and gentlemen, Board of County Commission meeting is back in session. All in favor of the motion, please signify by saying aye. COMMISSIONER COLETTA: Aye. Item #13A DISCUSS ITEM #11E FROM THE BOARD'S SEPTEMBER 11, 2012 AGENDA REGARDING "WASTEWATER BASIN PROGRAM" CONTRACTS — APPROVED TO COMMENCE MR. OCHS: Commissioners, you have a time-certain 1 p.m. Page 105 October 23, 2012 item. It's 13A on your agenda. This was an item that was continued from the October 9, 2012, meeting. It's a recommendation to discuss Item 11E from the board's September 11, 2012, agenda regarding wastewater basin program contracts. And Ms. Kinzel is, I believe, standing there prepared to make a presentation, sir. MS. KINZEL: Good afternoon, Commissioners. And we're just passing out some agenda item refreshers, but these were part of your agenda in prior meetings. I'm here to go over the item that was continued from the last meeting regarding the wastewater basin. And as we discussed briefly at the last meeting, there were several issues or questions, perhaps, surrounding the item. So I wanted to give just a general bit of background. This started with RFP11-5782, which was issued on November 18th of 2011. On December 16th, seven determined responsive proposals were received in purchasing. On January 9th in 2012 a selection committee meant -- met and ranked the firms, ranking them one through seven for the full proposal that was solicited in the RFP. On January 19th the selection committee reconvened to discuss and rank the consultants for each of three basins but considering the full scope of the RFP. Now, it was noted by purchasing during this meeting that it was probably an error on the part of purchasing that each basin had not been originally ranked in the first meeting, but they did reconvene. And the reconvened committee only considered the top three proposers from the initial ranking in January 9th, and that will be important as we go through this, I think. But they were ranked by -- according to the full scope of the RFP at that time, because we're back in the January time frame. Now, February 14th an executive summary was provided to the Board of County Commissioners ranking all seven of the proposers as Page 106 October 23, 2012 well as the top three for each of the basins. On March 27th there was a subsequent executive summary brought to the board that created some of the questions that we know: Two million for three firms for six years or a total projected cost of $36 million on an estimated construction cost of 60 million. That represented about a 60 percent engineering-to-construction ratio, which some people questioned. The average industry's usually about 10 to 15 percent engineering fees to the actual cost of construction. So the item was continued by the Board of County Commissioners back in March so that the cost items could be considered by county staff. Now, the next agenda item that was submitted by staff was on September 11th of this year, and the costs were significantly reduced from the 36 million that was requested in March to a total of about 5.7 million, and that was 1.9 million for two of the three basins and 1.8 for the third basin. So staff, during the meeting, presented several times that this was not a change in the engineering scope. And I just wanted to go over some of the transcripts -- does this work? Yeah, there we are. These were some of the questions that both commissioners asked as well as Mr. Klatzkow. Start with Mr. Klatzkow. He said, your contract ties to your RFP. And Dr. Yilmaz indicated yes. And Mr. Klatzkow asked, has the scope changed? Commissioner Hiller offered "materially," but Mr. Ochs said, no, the scope and the engineering services, all tasks, as Ms. MARKIEWICZ had previously mentioned, were in the original specification. Obviously, the scope of projects in construction would change. So Mr. Klatzkow asked for additional clarification saying, I understand that, but my question is, the RFP you put out is tied to your contract. And Mr. Ochs said yes, and Dr. Yilmaz said yes. And Mr. Klatzkow said, so you've not changed the engineering scope, and the Page 107 October 23, 2012 answer was no. No, we have not. Again, affirm. Now, Ms. MARKIEWICZ from purchasing came up, and she was talking about the RFP being inclusive of all of the potential engineering tasks. And it said that they had now taken the contract and refined it. And Mr. Klatzkow, being -- I think there was a little confusion with those statements and conflict. And Mr. Klatzkow went back. Did the RFP state that the scope might be reduced? And Mr. Pajer said, well, it says included but not limited to, which is kind of in contrary to "was the scope reduced." So I think there was still confusion at that point in time at the meeting. So to go over a little more -- and these, again, are verbatim excerpts from the RFP. The first legal notice indicated that services to be provided shall include but not limited to three phases of work. The three phases being identified as wastewater design and post-design services. COMMISSIONER HILLER: The top portion of that document is not visible. MS. KINZEL: Oh, I'm sorry. Okay. Right there it starts. But each of the dots is from a different portion of the RFP, and the RFP was put on the record at one of the prior meetings. So if you go through a brief description again, they shall perform the analysis, and they will perform design-and-construction support services. The basins shall include the three phases of work. So fairly clearly throughout the RFP document it did indicate that there were going to be the three phases, and the tasks that were outlined in the RFP should be included for the contractors. Now, the board, at the meeting, did approve the contracts as presented by staff, but staff indicated that they would not issue a notice to proceed until we had time to further review it, and that's -- since the September meeting we have met with staff several times and gone over these items so that we could come back to you with some Page 108 October 23, 2012 clarification, okay. During subsequent discussions -- and one of the meetings that we had with utilities, they provided a schedule. And this is -- back and forth. This was prepared by the utilities department, and it's going to be very, very small. So let me just tell you briefly what it -- I have provided one in your packet. This lists the tasks as they were in the original RFP, for the majority of them. It also then goes to the contract and ties the items from the contract that was then proposed by the board back to the original RFP. And if you go to the conclusion, the original typed conclusion by county staff -- and the reason I left mine in handwritten notes is so you could differentiate between my additions and utility staff report -- they had indicated that about 74 to 76 percent of the task items were included in the contract; however, that analysis did not note that the entire post-design phase had been extracted from the RFP and not included in the contract. So there were another 15 tasks that were associated with Phase 3 in the RFP that were eliminated when it went to contract with the vendors. If you factor in those 49 tasks and the ones that were then included in the contract, you're down to more of a 51 or 53 percent of the tasks that were originally proposed in the solicitation to what was responded then in the underlying contract that the board has approved, okay. Now, additionally, we went through each of the contracts. And there were just a few minor nuances, because we know staff worked diligently, and we worked together to try to quickly come up with the comparison information that we wanted to present to you. Some items -- you'll see the notes in green, and this is for the first vendor. Again, the same schedule but a correlation between the RFP tasks and the contract tasks. Page 109 October 23, 2012 So when you're looking at the first vendor, CDM Basin, the plus one -- again, the handwritten notes or the change in four in the couple of green items that you see, these are where we did detect some nuances or differences between the RFP and the task that was then included in the contract. So, for example, Task 1 in the CDM contract was not -- we were not able to tie that back to a line item within the RFP. Now, it is a general item of requiring some meetings and other things with the vendor and the contractors and the county staff, but -- so each of these is just to indicate items that we detected were different from the RFP tasks to the contract tasks. The second vendor was Hole Montes. And, again, the green items indicate a nuance or a difference from the proposed tasks to the contracted tasks. And, finally, AECOM. Again, some of the nuances in the green. I know it's small print, but I have provided copies of the basin schedule, and I'll submit these for the record. So there were some apparent differences between what had been included in the RFP and what had come back as a contract. We felt that that was important to point out because of the indications that the scope for the engineering services had not changed. In an October 8th meeting that we had prior to the last board meeting, we received also an additional schedule from utilities staff prepared by them. And, again, this indicates the basin program outlining Basins 101, 305, and 306. These are comments relative to the RFP 11-5782, and then the comments relative to the board-approved contract. And, again, this is prepared by utilities staff so that we could get from Point A to Point B. The largest differences that you can see on the engineering, if you go down to the third box where it talks about quantity of full rehab design, in the original RFP it was asking for 111 regular pump stations for a full rehabilitation. That, in the contracts, was dropped to Page 110 October 23, 2012 20 of the pump stations, okay. They did add this, which was not in the RFP, which ended up to be a partial rehab or design of regular pump stations. So as you can see, the remaining 91 came down to be partial rehabs versus the full rehab initially anticipated by the original RFP. When you go down further, the lines are quantity of force main design. The entire three basins were in your RFP; 8 percent of the three basins were in the contracts. The quantity of the gravity main design, the entire three basins were included, and only 4 percent of the basins in the contract. The quantity of the lateral designs, the entire three basin were included in the RFP, and 8 percent of the three basins were in the contracts. I think, as you can see, we did determine that there were several significant changes from the original RFP scope that was solicited to the contracts that were eventually awarded by the Board of County Commissioners. Now, there is an appellate court case that appears to be to point as to the pitfalls of changing your scope of work considerably from the time that it is solicited and reviewed and scored and ranked to the time that you then significantly change the scope and do the contract contrary to the scope or plus or minus tasks. We've given that to the County Attorney's Office. I think it's under review. We just recently discovered that, but we've provided it; so they may have some consideration for that court case. Now, I also went back to listen to both the original ranking meetings from the selection committee as well as the reconvened selection committee to try to get a feel for how it went from the original scope of the award down to what was finally contracted. And there are several outstanding issues after I reviewed those meetings. The initial rankings and recommendations at both meetings were based upon all three tasks for the entirety of the basins. So the Page 111 October 23, 2012 rankings in both the initial meeting and the reconvened meeting were under the assumption that it was the full RFP for which they were proposing. No ranking seemed to be done for the reduced scope that was then presented to the board at the September 11th meeting. Now, it does not appear that all the firms were ranked by basin. Only the top three from the initial ranking one through seven were considered to be ranked separately for each of the basins. So you have a reduced scope, and then you have additionally that not all of the vendors that originally proposed to the solicitation were re-ranked to the reduced scope. Also it was a little bit unclear, even in the conversations of those meetings, the intent of awarding all three basins to a single vendor or splitting the basins. And the RFP did provide that it may be awarded to one or all three, but I think the confusion of the initial proposal ranking versus the reconvened ranking threw a little bit of intent on were we still going to rank them for each basin or was one eligible to get all three? So, in other words, when they re-ranked, were they looking at only one basin per vendor, or could one vendor get all three? The response in the meeting minutes were, yes, it was still open that they could do that. Okay. Okay. It does appear there's been a substantial scope change, and that might have changed your proposers' rankings if they had the full benefit of each and every one of the tasks that were, in fact, going to be required by contract. That's one of our concerns. Another concern that we had was were the contracts that were presented to the board really reflective of what you heard or understood to be approving? Because you were told, routinely, that there was no scope reduction or scope change in the contracts that were being awarded under the 9/11 executive summary. And I've just gone over with you there were substantial tasks excluded. The entire Page 112 October 23, 2012 post-design phase was excluded. And the post-design phase would have to go back for re-solicitation, and those costs would all be in addition to what you've already awarded under the -- only the two initial phases. So if -- because of the exclusion, then you would be required to do a re-solicitation for Phase 3, in our opinion. So, in summary, we haven't totally finalized our review of the issue. We have not made a determination, because the Clerk's Office has not been presented with an invoice or a bill, and that's usually our test; when we get a bill, we review it for legality, board approval, public purpose. But based on the board's question and concerns, we did go back and do this review with county staff, county legal, and we're open -- we wanted to put on the record our concerns with the board and with the vendors. If there's any additional information that the vendors could provide, county legal can provide, prior to the time that we would receive an invoice, that could eliminate any of the concerns we have, then we're open to that information. But with that, Commissioners -- CHAIRMAN COYLE: Who was first, Commissioner Coletta or Commissioner Henning? COMMISSIONER HENNING: Commissioner Coletta was. COMMISSIONER COLETTA: Well, actually, I'd like to hear from staff first. We have a tremendous amount of information. I do have a number of questions, but I don't want to ask them till I could hear from staff, find out what kind of a response they have to this. CHAIRMAN COYLE: Okay. Let me -- can I ask a question first just to clarify this thing? What I heard was a list of what the clerk feels are discrepancies between the RFP and the contract and then a statement that was made, well, we don't really do these detail things until you present us with an invoice. So now what are you suggesting we do, Ms. Kinzel? Are you Page 113 October 23, 2012 suggesting we award the contract, and then once we award the contract and send you the invoices, you're going to audit them and reject them, or what are you suggesting we do? MS. KINZEL: Well, Commissioner Coyle, you've already awarded the contracts, okay. CHAIRMAN COYLE: Okay. MS. KINZEL: You did that in spite of this review or without consideration of the facts I've just put out. The staff did agree to hold off on an NTP so that we exactly would not put a vendor in a position of having done work with our inability to pay them. CHAIRMAN COYLE: So they haven't been given the notice to proceed? MS. KINZEL: My understanding from staff is that they have not been given notice to proceed. CHAIRMAN COYLE: Okay. What are you suggesting? Are you suggesting that the contract should not have been awarded, or are you suggesting that we proceed with it and then you'll tell us in detail what we should do once the invoices are completed? MS. KINZEL: Commissioner Coyle -- CHAIRMAN COYLE: I can't rationalize those two comments you made. MS. KINZEL: Okay. And the reason it is -- it is a board decision whether or not to award a contract. That really is not the clerk's role. What we did do is do an upfront review based on the contracts that were let, and we wanted to bring back to you our concerns that we see that it may not meet the test for legalities. Now, I know your county attorney may have some different determination, but that will be a determination that this board needs to make as to whether you continue with those agreements or you re-solicit under the reduced scope that you've now determined is fundable. Page 114 October 23, 2012 So that is purely a board's choice and decision to be made based on the facts you've been given. CHAIRMAN COYLE: Okay. Let me make sure I understand. If we were to go back and re-evaluate the contracts in accordance with the comments you have made here, would there be a problem getting payment made on those items? MS. KINZEL: There can be, yes. In other words, what I'm indicating to you is that the contracts that you let were not in conformance with the original solicitation that was made. So there might be an issue with paying those invoices under those conditions. We're still working on that. I'm still looking for any other legal assistance that we can get with this or any other positions to the contrary that would convince the Clerk's Office that there aren't these differences between the original solicitation. CHAIRMAN COYLE: Okay. So there really is no definitive resolution to this problem? MS. KINZEL: Well, there is. In my opinion, you have a determination to be made today. Do you continue with the contract having been let, do a notice to proceed with the risk that it is not resolved and the payments are not made? And it's been put on the record so your vendors can make an informed and intelligent decision on whether they proceed with the work even if there is a notice to proceed. Or you could suggest re-solicitation of the scope now that you've narrowed it, now that you've identified it more accurately to limits within your budget. It could be re-solicited under those parameters, and the firms could be appropriately ranked. CHAIRMAN COYLE: Okay. There is no definitive solution to this. But go ahead, tell us what your position is. MR. OCHS: Staffs position is that we've brought you appropriate contracts that you've adopted and entered into, that they were appropriately solicited under the Competitive Negotiations Act of the state, and that they meet the preaudit test for payment. Page 115 October 23, 2012 And, again, as Ms. Kinzel just said, that test, as I understand it, is that the work serves a valid public purpose if there's a budget appropriation to pay for the work and it's legally entered into. And I don't know which of those items we are being told fails to meet the preaudit test at this point. CHAIRMAN COYLE: Well, that's my point. I saw a lot of things that the clerk feels are wrong or don't necessarily add up, but I can't get a statement that says, if you do this, it will be okay. So how do I solve it is the problem. MS. KINZEL: Well, Commissioner, I think if you re-solicited appropriately with the tasks that you had identified and had the bidders propose to those specific tasks, you are on solid ground. So I did give you an alternative to choose that, knowing what you know now and knowing the tasks that are identified now, if it's re-solicited appropriately and the vendors are ranked appropriate to that solicitation, that clears up the ambiguity between your original RFP in the detailed tasks and what you've ended up contracting with now. CHAIRMAN COYLE: Well, County Manager, what's your assessment of this? MR. OCHS: Commissioner, Ms. Kinzel's first statement when she showed you the legal notice was that the services to be provided shall include but not be limited to the following. So the argument that there were, you know, certain services in the contract that may not have been in the RFP shouldn't necessarily be surprising in that the RFP said the services that will be provided shall include but not be limited, and then went into the following list. So, again, I -- and I'm not a lawyer, but I don't know where we fail the preaudit test on this contract. Maybe the attorneys could help us with that. CHAIRMAN COYLE: Scott? MR. TEACH: Yes, Commissioners. Scott Teach, deputy county Page 116 October 23, 2012 attorney. And we've been working with Crystal in trying to make headway on this, as well as with staff. One thing I want to put out on the record, to understand the consultants' Competitive Negotiation Act, it's a four-pronged test, and it's different from competitive bidding, which is what -- the case that they've cited, which I got yesterday, references. You have a public announcement under -- CHAIRMAN COYLE: When you say "they" have cited, what -- MR. TEACH: The Clerk's Office, in the case that Crystal was talking about. I have reviewed that; we received that yesterday. And in my opinion, I don't think it's applicable here, and I'll go through that in a moment. But the CCNA involves a public announcement of the job. Then it's a qualifications-based selection. It's not the guy who bids the lowest. It's the guy who's most qualified pursuant to a selection committee, which this board approves the ranking of. From there you have arm's-length negotiation. Scope and price are determined and discussed and negotiated. Then a contract is brought back to the board, and the board either approves the contract, rejects the contract. That's where we are right now. The board had previously approved a contract. Now, you know, there has been some discussion about some change in the number of tasks and the amount of work. And there were some changes; there were some -- there were some changes. But I want to address this case first. And this case was a case concerning fair competition among bidders. It was also an RFP, but it was not a CCNA RFP. And so it's distinguishable for several reasons. One, the case arises out of the First District Court of Appeal. We're in the Second District Court of Appeal, so it's nonbinding authority. That's just a subtle, you know, procedural issue. Page 117 October 23, 2012 But in addition to that, it involved providing an online lottery system to the State of Florida. In that instance, the low bidder negotiated a more favorable agreement, a higher benefit to him as far as monetary compensation. In this case the scope was reduced, and these consultants are actually getting paid less. So one of the things this case talks about is fair competition among bidders. Well, we don't have bidders here because it's qualification based; it's not dollar based. But we don't have a situation where someone is being favored by being treated more preferential by having a larger contract. We've done the opposite. We've reduced the scope. And these consultants actually would be paid less than what the original project was scoped out as. In addition to that, Commissioner, it's probably one of the more important distinctions, we don't have a protesting party here. We don't have -- the time period for anybody to protest has long expired. In this case, even, the Court noted that the state had the opportunity to raise the issue that the party failed to -- so it's administrative. This party also failed to protest, but this court decided to hear it anyways for other reasons. But we don't have a party who's saying "I've been harmed," so it's hard to see where the county's in the wrong when we don't even have a party coming forward and saying you've mistreated me. So I think that's -- you know, that's significant here. And the Court also talks about, in passing, it's called Enta (phonetic), they make a comment about engineers and professional consultants. And they say, well, they tried to say that this is one of those cases, but this case doesn't involve engineering consultants. So I think there's room there that you can read this and say, maybe consultants, professionals, are treated differently, not like this case addresses it, because they weren't -- they were trying to get an out by saying, well, it's similar. The Court said no, they aren't treated differently under 287, the competitive bidding statute. So there's Page 118 October 23, 2012 distinctions there. Another thing, Commissioner, this is -- you know, this is, in essence -- we can -- there have been substantial changes but this is, in essence, the same project. It's a wastewater basin project on the same three wastewater basins that have been reduced in size. We've seen other projects in the county that have been reduced in size. Road projects have been reduced or increased in size. We have change orders. But one -- another distinction, Commissioner, is the courts routinely give deference to the agencies in enforcing and interpreting statutes. And in this instance it would be -- it would be surprising if a court said that Collier County failed to interpret this law wrong (sic), and we're going to reverse them, because we've gone through our procedures, the purchasing policy, in the award of the CCNA contract, and they would be showed -- they would show deference to the county. Now, we've also had some talks about there may have been some staff errors in the solicitation of the selection committee, but the courts look at that and they say, unless it's arbitrary -- and arbitrary is defined as improper motive or without reason, or if it's fraudulent, or it's unlawful, the court is -- the courts do not look at -- or dishonest. The Court will not overturn the selection committee's determination unless it's fraudulent or dishonest. We don't -- haven't had any allegations that that's what's going on here, that the selection committee has been dishonest or acting fraudulently. We're working off of a standard professional services agreement, which is the CCNA agreement that the county's used for probably approximately nine year now. It was originally crafted by outside counsel. All these consultants are familiar with that contract. That contract provides, very clearly, that it allows -- Section 12.3 of the Page 119 October 23, 2012 contract allows the county to terminate the agreement in whole or in part without cause. So are we saying that we can't negotiate now what we can do later? To me that doesn't make sense. I -- last night I was looking around a little bit just to see how other counties handle this. And we've all been struggling to find authority because this is such a unique situation, and there's not a whole lot of law that addresses this particular situation. But I found that Martin County has a CCNA solicitation out right now that their responses are due first week in November, and they've got the same language. The county can reduce or eliminate in whole or in part any portion of the scope of services at any time for any reason. If we're doing something wrong, there's other people who are doing it wrong, too. I think ultimately -- and Crystal touched on this, and I think it's probably a good idea that some of these consultants are here today. And you might want to hear from them to see whether they would have a comfort in going forward or not because, ultimately, they're either going to get paid or they're not. And so, you know, I think that their input probably is significant. CHAIRMAN COYLE: Okay. Let me make sure I understand this. We put out an RFP that specified the scope and amount of services to be provided? MR. TEACH: Yes, sir. CHAIRMAN COYLE: We decided to reduce the scope, and we sat down with the people who submitted proposals and we negotiated with them? MR. TEACH: Yes, sir. CHAIRMAN COYLE: And they understood what portions of the RFP were being modified? MR. TEACH: Yes, sir. Page 120 October 23, 2012 CHAIRMAN COYLE: And they're -- they're going to sign or have signed a contract with us to do it under those circumstances? MR. TEACH: Yes, sir. CHAIRMAN COYLE: But to follow the clerk's logic, the only way we can continue this project is to scrap it, go back to the beginning, change the RFP to exactly match the contract that we're going to negotiate, but what happens if during that negotiation there are mutually agreed changes? Doesn't that sort of put us in an unending position where you just keep going back and doing it over and going back and doing it over? MR. TEACH: And, Commissioner, I guess -- I mean, that's part of it. I don't believe that you have to have -- and I have not been presented with any evidence to show that you have to have a mirror image in an RFP in the contract or an invitation to bid in a contract. And there's even some authority out that there talks about that if the invitation to bid does not match the contract, it's not arbitrary and capricious. I've read that. I'd have to get the cite, but I've read authority of that nature. But getting back to, I think, most -- one of -- the most significant point here is we don't have a party that's come forward and said I've been wronged, and they could have done that, and they haven't done that, and the time period for them to protest has expired. CHAIRMAN COYLE: Okay. Commissioners, do you mind if we listen to the other public speakers? COMMISSIONER COLETTA: I have no problem. COMMISSIONER HENNING: Fine with me. CHAIRMAN COYLE: Huh? COMMISSIONER HENNING: Fine would me. MR. MILLER: Commissioners, I have one registered speaker for this item. It's Mark Schultz. MR. SCHULTZ: Thank you, Commissioners. My name's Mark Schultz, and I represent the three firms here, AECOM, CDM Smith, Page 121 October 23, 2012 and Hole Montes. And my clients -- CHAIRMAN COYLE: You're representing all three of the firms? MR. SCHULTZ: Yes. CHAIRMAN COYLE: They're independent bidders? MR. SCHULTZ: Yes, sir, they are. CHAIRMAN COYLE: Okay. All right. Go ahead. MR. SCHULTZ: My clients believe that the contracts have been awarded properly. You've complied with the Consultants Competitive Negotiation Act which requires you to rank them. They were ranked through the staff that was on the committee to do that ranking. They're ranked appropriately. We're prepared to do the work. I see no authority for going back and having to do another request for proposal. In fact, Commissioner Coyle, I think you hit the nail on the head; there's going to be a twilight zone if every time you have to have an exact request for proposal be the contract. And what does the Consultants Competitive Negotiation Act require? In Section 5 it says after you rank them, then you negotiate with them. Well, what are you negotiating about? The only things I can think of are price and scope and time. That's what was done here. I think it's important to point out that the one thing that the clerk didn't mention is that Phase 1 was always listed as "may." So everyone who sent in a response to the request for proposal recognized that Phase 1 was always "may." "May" means it could be taken out. I think that was the majority of what was removed. Now, I think it's critical here that no bidding or no party that submitted a proposal has protested; no one. In fact, no one who didn't even participate has done that. So it's a little troubling. It's a little puzzling that it's even an issue. I guess, lastly, what I would say is I've looked at the case that I believe the clerk is referring to, and it's the State of Florida Department of Lottery versus G. Tech Corporation, and it's not on Page 122 October 23, 2012 point at all. And why isn't it? Specifically, what the Court looked at was specific requests for proposal language that the First District Court didn't think was followed. That specific language is not in this request for proposal. And, lastly, it was about a bid. They were bidding, and they underbid the one other bidder in it. And then when they met with the Department of Florida -- Department of Lottery, what happened? They got a higher contract. They were going to be paid more. Completely not what was happening here. What we were doing, my three clients responded to the requests for proposal showing their ability, technical abilities and ability to do this, and they were awarded the contract. They were awarded and ranked to then enter into negotiations to do that. So my clients are willing, ready to go forward. We know it's almost been a year since the time the contracts were awarded. And, you know, the system isn't getting any younger out there. So we're ready to do the work. CHAIRMAN COYLE: Okay. Thank you. County Attorney? MR. KLATZKOW: Can I just ask you a question, sir? MR. SCHULTZ: Sure. MR. KLATZKOW: You and I have not spoken before, have we? MR. SCHULTZ: No. MR. KLATZKOW: All right. Are your clients willing to assume the risk that if there's a notice to proceed the clerk doesn't pay you? MR. SCHULTZ: Yes. MR. KLATZKOW: Thank you. CHAIRMAN COYLE: Good. Thank you. Commissioner Henning? COMMISSIONER HENNING: Yes. Since there's so much uncertainty, what is -- this is a maintenance issue of our system, and Page 123 October 23, 2012 infrastructure needs to be replaced. So what is the risk to go out for a new RFP? Mr. Yilmaz or somebody from public utilities. MR. OCHS: Tom, Mr. Chmelik. MR. CHMELIK: Yes. Hello, Commissioners. Tom Chmelik, for the record, public utilities. The risk is continuing to operate under the conditions we are today. I'm going to be presenting a later item on air release valves, ARVs, later in today's agenda, and that's indicative of the infrastructure we have. In the last -- since 2009, we've had, I believe, 23 SSOs or sanitary sewer overflows. We have to continue to operate under those conditions. The infrastructure that we have here represents the same risk. There will be failures. And we have structured this to get after the worst first, and that's what we've brought forward to you in the reduction of scope. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: So you think there's a great risk by going out and -- for a new RFP under the scope to change scope? MR. CHMELIK: Well, there's increased risk. COMMISSIONER HENNING: There's increased risk. MR. CHMELIK: There's an extension of risk, the risk we have today. COMMISSIONER HENNING: You're just prolonging the risk? MR. CHMELIK: Prolonging that risk and preventing us at getting other items beyond that. COMMISSIONER HENNING: Right. So, you know, the risk is whether the determinations -- Thank you, Tom -- these determinations are going to be paid or not, the work is going to be paid. Why would we want to go through the exercise of that fight? MR. KLATZKOW: Because you have a second risk. Page 124 October 23, 2012 CHAIRMAN COYLE: Yeah. MR. KLATZKOW: And your risk is that if the contracts are ultimately awarded to somebody else, and now that you've entered into these agreements, okay, that the vendors that you've entered into these agreements may make a claim for costs for preparing the solicitation. That is your risk. COMMISSIONER HILLER: That is the maximum risk. MR. KLATZKOW: That is your risk. COMMISSIONER HILLER: That's a maximum risk, which is not a lot. COMMISSIONER HENNING: But the contractor is -- no, the professional is taking the risk. They're not getting paid. And you asked the question, and they're ready to take that risk on. Is that your understanding? MR. KLATZKOW: They're willing to proceed with the job under the cloud of uncertainty created by Ms. Kinzel is what I got out of this. What I'm saying is if you rebid it, the risk you are taking -- COMMISSIONER HENNING: Right. MR. KLATZKOW: -- not counting time -- COMMISSIONER HENNING: Our risk if we proceed with the existing contracts is none. MR. KLATZKOW: Is none. COMMISSIONER HENNING: It's their risk. MR. KLATZKOW: That's why I asked him that question, because they're at risk. COMMISSIONER HENNING: And if we go out for a new RFP, the risk is -- MR. KLATZKOW: Now you're at risk. COMMISSIONER HENNING: -- their cost of bidding the job. MR. KLATZKOW: Yes. COMMISSIONER HENNING: And the time it took them and Page 125 October 23, 2012 material it took them to bid it -- MR. KLATZKOW: Yes. COMMISSIONER HENNING: -- if they don't receive it. MR. KLATZKOW: Yes. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: If I may, there's another point. Going back and issuing the RFP again does not solve the problem because we'll go through the same negotiation process that we went through this time, and we will inevitably find that there are differences between the RFP and what we negotiated. So there is a never-ending solution to this problem. This idea that the RFP has to match verbatim with the final contract is, in fact, ludicrous. COMMISSIONER HENNING: I think the thing was it's not -- closer to -- the argument is closer to what the actual work is going to be. MS. KINZEL: And, Commissioner, just to maybe help in the thought process, there is a way to draft and construct the RFP, the solicitation, so that you give yourself the opportunity legally to constrict or expand on certain tasks in this environment. It really does go back to how you let the solicitation and what the parameters are and what are you thinking through to put in your original solicitation. But there is most certainly a way to define within that solicitation the problem or the issues that we've run across here are because the RFP, the solicitation that went out, seemed to be quite restrictive on it "shall" include this, it "shall" have these three phases, it "shall" have this. All of the -- all of the responders were ranked according to that full RFP. After it was awarded, after it was ranked, the scope was significantly altered. So you not only had other bidders that might have been out there that did not bid at all for the original proposal Page 126 October 23, 2012 because it was beyond their capacity, beyond their ability to perform, so they didn't bid or quote. Subsequent to the entire process, you get to today, and the scope is much narrower. It includes far less work and capacity. There, perhaps, could be another vendor out there. Now, they have brought forward that you don't currently have vendors protesting. I don't disagree with that. You did not have a vendor come forward. We were just trying to put the tasks out there. But I want to give you some comfort that this does not need to be a never-ending issue. If it is solicited properly with certain framework within your RFP, you can get a solicitation that's defensible. CHAIRMAN COYLE: I've responded to a lot of RFPs in my business before. I know it very, very clearly. And this is a typical -- and I don't mean Clerk of Courts. It's a typical clerk's approach to business, and it doesn't make sense to me, but anyway. Commissioner Hiller, you're next. COMMISSIONER HILLER: Thank you. Jeff, when was this contract awarded? Do you remember the contract, the date? MR. KLATZKOW: No. A couple meetings ago. COMMISSIONER HILLER: A couple meetings ago? MS. KINZEL: Nine eleven. COMMISSIONER HILLER: Nine eleven. MS. KINZEL: At that meeting. COMMISSIONER HILLER: All right. I just want to correct for the record -- could you come to the podium, sir. What was your name again? MR. SCHULTZ: Mark Schultz. COMMISSIONER HILLER: Mark Schultz? MR. SCHULTZ: Yes. COMMISSIONER HILLER: Mark, thank you. Mark, I wanted to correct for the record, you said that this Page 127 October 23, 2012 contract was awarded a year ago. It was awarded 9/11. Mark, you also made another statement which I thought was interesting. You said that Phase 1 was not included, and you made a point of saying Phase 1 had the wording "may." And actually the wording was "included but not limited to." In fact, all of Phase 1 was included. What was omitted were the phases where the wording "shall include" was referenced both in -- you know, it was actually in the advertising in the public notice as well as the RFP. So I just wanted to mention to you, you have it backwards, and that's very significant because that elimination of the "shall," in fact, is what materially shows that this project is a very different project. Is that correct? Do you want to go back to your notes and verify what you said? MR. SCHULTZ: No. I think that the first scope was "may"; the other two were "shall." COMMISSIONER HILLER: Right, exactly. And the "may" was included. And the "shall" is what was eliminated. MR. SCHULTZ: Yes, but I don't think that's critical, and the reason why is what you're doing with that is you're ranking them, then you're entering into negotiations. The statute talks about the requests for proposal being a mechanism to rank. Once you've performed a ranking, then you can negotiate. COMMISSIONER HILLER: Well, the -- MR. SCHULTZ: It's hard to believe that my three clients who are capable of handling -- for example, the clerk mentioned it went from 111 pumps down to 12. We were ranked across all of it, as everyone was. If we're capable of handling the larger scope, we're certainly capable of handling the smaller scope. COMMISSIONER HILLER: But here's the difference. The difference is is that you have companies out there who may not be able to handle the larger scope, but had it been properly represented in Page 128 October 23, 2012 terms of what the scope actually was intended to be, which was the smaller scope, those companies would have qualified, and that's where the problem is. Because as a consequence of the manipulation of the definition of the scope, certain qualified companies have been excluded, either from responding or from being given due credit for what they're capable of doing. MR. SCHULTZ: Well, with all due respect, I don't believe there was a manipulation. I think you can negotiate the scope, and no one has come forward, so -- COMMISSIONER HILLER: Well, let me just -- I'm going to get to that. But let's talk about the qualifications. Can you please give me the criteria that were used or that was used to rank the three firms that you represent for the three basins? MR. SCHULTZ: No, but I assume the staff has that. I haven't gone through all of that. COMMISSIONER HILLER: I need to see those -- I need to see the qualifications that were used to rank for the three basins. And I'm not asking for the overall ranking. I'm talking about that second ranking that was done to qualify the three firms for the three basins. What was the criteria used, and where are the calculations? MS. MARKIEWICZ: Joanne MARKIEWICZ, interim director of purchasing. The rankings that were used were based on experiences that the companies had on each of the three basins. COMMISSIONER HILLER: I'd like to see the documentation that shows the ranking. What criteria was specifically used? MS. MARKIEWICZ: I don't have that in front of me, Commissioner. COMMISSIONER HILLER: Can you produce it? MS. MARKIEWICZ: Yes. COMMISSIONER HILLER: All right. It hasn't been produced today. MS. MARKIEWICZ: The tape is very clear that it was based on Page 129 October 23, 2012 the experiences that each of the companies had on the basins, past experience, past work. COMMISSIONER HILLER: What past experience did these companies have that the other companies don't have? MS. MARKIEWICZ: I'll get that for you, Commissioner. COMMISSIONER HILLER: While you're getting that, let me just address the issue of the bid protest. You know, the fact that the other companies did not protest isn't evidence that this is done correctly. In fact, one of the reasons companies don't protest here in Collier County is fear of retaliation by staff, and I've had a number of vendors tell me that. And they're very concerned that if they file a bid protest that subsequently, when they bid on a job, that staff will prejudice them in the selection process. So as a consequence there are companies out there that will not file a bid protest even though they've been wronged. MR. OCHS: Commissioner -- COMMISSIONER HILLER: Again, under no circumstances does the fact that there was not a bid protest filed mean that this was done correctly. So it's very, very concerning. MR. OCHS: Mr. Chairman, I have no evidence at all to support that claim that staff retaliates. CHAIRMAN COYLE: Nor do I. COMMISSIONER HILLER: That has been told to me by vendors. COMMISSIONER FIALA: By whom? Name somebody. COMMISSIONER HILLER: No. I'll ask them to come forward and speak for themselves. COMMISSIONER FIALA: Go ahead. Who are they? CHAIRMAN COYLE: Are you going to do that now? COMMISSIONER HILLER: No. COMMISSIONER FIALA: I'd like to hear that. Page 130 October 23, 2012 CHAIRMAN COYLE: I'd like to hear it, too. Do you know of any vendors who have been discriminated against, staff? COMMISSIONER HILLER: I said fear of discrimination. CHAIRMAN COYLE: You've just been indicted because you're unfair to people. COMMISSIONER HILLER: Yep. CHAIRMAN COYLE: Do any members of staff know of any -- COMMISSIONER HILLER: Let me repeat for the record -- I'm going to repeat this again -- that vendors do not file bid protests for fear of retaliation by staff. COMMISSIONER FIALA: Just name one so we can at least talk with somebody, you know. You know, rather than just say that that's the case, prove it. Tell us -- COMMISSIONER HILLER: There's no proof needed. It's a fact, and I'm happy to talk to the last vendor that told me. And, with their permission, I will bring it forward or let them bring it forward. CHAIRMAN COYLE: Could you name that person, then, so we could contact them and have them -- or you said they were in the audience, right? COMMISSIONER HILLER: No, I didn't. COMMISSIONER FIALA: Oh, I thought you said they were in audience. COMMISSIONER HILLER: And, again, I will repeat that not filing a bid protest doesn't mean that the way the bid was let was legal. And I don't know if this is legal or not. You know, I'm listening to the debate from both sides right now, and I have a lot of questions, a lot of questions. CHAIRMAN COYLE: Okay. Are there any other questions by COMMISSIONER HILLER: Yeah. I'd like the answers -- CHAIRMAN COYLE: -- the commissioners? Page 131 October 23, 2012 COMMISSIONER HILLER: -- to the criteria that was used for ranking one, two, three among the three basins. MS. MARKIEWICZ: Hole Montes performed an INI analysis in past basins on 305 and 306. They completed IQ work in Basin 305 in the past. They had a working knowledge of systems. They were the engineer of record for the Naples wastewater collection in Basin 305 and 306. They had completed seasonal analyses for two southern basins in 1995. They designed the western bypass, and they clearly had the most experience with that basin. Their subconsultant also was a public relations firm who would be very helpful in the 305 basin, as it touches many businesses. They were ranked for Basin 305 as first. CDM, who had as a subconsultant WilsonMiller, designed 305, and another consultant who was doing some additional work and, therefore, they were ranked on 305. They'd done INI work and other related work in Basin 101. They and their team qualified -- were more qualified for (sic) any other firm, and so they were ranked for Basin 101. AECOM was ranked for the third basin. Their subconsultant, Q. Grady Minor, had assisted in the retrofit of Basin 305 and 306 in the past. They assisted with the ARV valves in Basin 306. They had prior work and redesign efforts identified in their proposal. Some of their specific team members were especially helpful in other basin work at the county. So, again, based on qualifications and past experience. COMMISSIONER HILLER: So that was the two criteria that you used as qualification -- you used past experience as the basis for ranking the three basins? MR. PAJER: The criteria -- for the record, my name's Craig Pajer, principal project manager for planning and project management. The criteria that was published in RFP and that the selection committee used for evaluating the various firms includes -- Page 132 October 23, 2012 COMMISSIONER HILLER: No, no. I just want to know for ranking the top three that you selected for the top three basins. That's the criteria I'm looking for. Just that. What was the basis for selecting those top three? MR. PAJER: The criteria -- COMMISSIONER HILLER: And how did you decide each of them -- CHAIRMAN COYLE: Let him answer, please. COMMISSIONER HILLER: I just want to clarify. CHAIRMAN COYLE: You interrupt him every time he tries to talk. COMMISSIONER HILLER: I know. But he's answering a different question. What I'd like is just, specifically, the criteria that you used to select the top three by the three basins, just that criteria and where was that -- CHAIRMAN COYLE: Don't try to say a thing. Just wait a minute, okay. Wait until there's sufficient silence here to give you a chance to answer. MR. OCHS: Joanne just answered that. Ms. MARKIEWICZ answered that, sir. COMMISSIONER HILLER: So where was that criteria spelled out in the RFP? Where was it specified that that was going to be used to rank the top three? I just want an understanding of that. MS. MARKIEWICZ: Commissioners, in the CCNA, and in this particular project, we used the project understanding and approach, the technical team's experience and abilities, their location, availability and responsiveness and their references. When we got down to the ranking of the top three firms, I've already listed what we used: Their project understanding, their past experience, and the team they brought to the table. COMMISSIONER HILLER: Can I ask one last question, Page 133 October 23, 2012 Joanne? What was -- what firm did the last 20 or 30 -- I'm just going to take an arbitrary number -- let's say the last 25 full pump designs? MS. MARKIEWICZ: I'm sorry. Let me ask Tom Chmelik to respond to that. COMMISSIONER HILLER: I'm just curious. MR. CHMELIK: I don't have the exact data. Those vary. We use all of our consultants that are on our fixed-term contract. We've used Tetra Tech, we've used Hole Montes, we've used AECOM. We've used ABB. Any of the vendors that are on the list. CHAIRMAN COYLE: Okay. Motion to approve. COMMISSIONER COLETTA: Second. MR. OCHS: Well, sir, there's really no motion to approve. You've entered into the contracts. What we'd like to do is proceed to issue the notice to proceed so we can begin the work. CHAIRMAN COYLE: Well, that's what I mean. Motion to approve issuing of notice to commence. MR. OCHS: Thank you. CHAIRMAN COYLE: Right? Isn't that what you're asking for in the executive summary? MR. OCHS: Yes. CHAIRMAN COYLE: Okay. MR. OCHS: We're holding off issuing the notice to proceed. CHAIRMAN COYLE: Okay. Then we've got -- COMMISSIONER HILLER: Can I ask Leo -- CHAIRMAN COYLE: We've got a motion made by me. Seconded by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Page 134 October 23, 2012 COMMISSIONER HILLER: I want to ask one quick question. You're looking at three basins here, Leo. For two years now I've been asking for the -- basically, you know, the asset-management schedule for all the other basins, what's -- where is that and what's the total cost? I mean, if we're looking at what amounts to a hundred million for these three basins, what are we looking at with respect -- how many basins are there in total? MR. OCHS: I don't know, ma'am. I'll ask the staff to come up and talk to you about that. Tom? CHAIRMAN COYLE: Okay. I'm going to finish this motion. Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. Then the motion passes unanimously. All right. Go ahead and answer Commissioner Hiller's -- MR. CHMELIK: Tom Chmelik, for the record. We have 20 basins, and these are three of those 20. And as part of our asset-management initiative, we've gone through our assets. We know our assets. We know what's worst first. We've categorized those in a Level 1, 2, 3 scenario. I can't tell you what's going to happen in five, 10, 20 years. That's what asset management -- COMMISSIONER HILLER: Why hasn't that -- MR. CHMELIK: -- proposed and the RFP is going to -- COMMISSIONER HILLER: Why hasn't that been presented to the board? And what's the estimated cost of what needs to be done? MR. CHMELIK: It's part of our budget, ma'am. MR. OCHS: Commissioner, the work associated with that is in your five-year CIE, and it's brought forward each year in your capital budget. MR. CHMELIK: That's the basis of our budget, or our CMP, Page 135 October 23, 2012 and we are in the middle of preparing for an RFP for the asset management enterprise system. COMMISSIONER HILLER: That's not what you've represented here in the past. You've represented in the past that you have to put together an inventory. I know that Dr. George (sic) was, you know, looking at developing a system that Nick Casalanguida was going to adopt to inventory his own assets. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: We've had discussion. I can pull all the minutes. MR. OCHS: No, you're right. I'm not debating that at all, Commissioner. COMMISSIONER HILLER: So where is that? I mean, that was discussed over the last year, over the last two years. MR. OCHS: Right. The last time we gave you a status report, we told you we're still developing the system. They went through the pilot phase in public utilities. It was -- MR. CHMELIK: We have raw data. We have a lot of data. We don't have a system. COMMISSIONER HILLER: But it's not yet in the -- MR. OCHS: It's not in the final form, no. MR. CHMELIK: It's not in the software system, no. COMMISSIONER HILLER: So you don't have the information for the next five years as of right now? MR. CHMELIK: We know what's worst first, and we know what we have to get after in the next year, the year after, and -- COMMISSIONER HILLER: When are you going to get this done? When is this going to be completed? MR. CHMELIK: We're going to be returning to the board with an RFP that we're directed to do to go on to Phase 2. We modified the Phase 2 tasks that were part of the asset-management RFP, and we'll be bringing that back to you after the first of the year. Page 136 October 23, 2012 COMMISSIONER HILLER: So right now we've basically let a project to do work where we have no idea what the total exposure on the whole system is. So we're basically shooting in the dark? MR. CHMELIK: No, not at all, not at all. COMMISSIONER HILLER: A hundred million dollars towards MR. CHMELIK: We've identified assets that are 25, 35 years old that need rehabilitation where we've had failures, where we've identified worst first, and we're going after those in a coordinated industry-standard method. COMMISSIONER HILLER: But just for those three basins, not for the 20 basins. MR. CHMELIK: That's correct. COMMISSIONER HILLER: Well, that's the problem. I mean, we have to look at the totality of the system. I mean, we have limited resources. I'd like this brought back. CHAIRMAN COYLE: Okay. That's for another day's meeting. That's not the topic. MR. CHMELIK: Thank you, Commissioners. CHAIRMAN COYLE: Okay. Where do we go now, County Manager? Item #11B REJECT ALL BIDS SUBMITTED IN RESPONSE TO SOLICITATION #12-5905, RURAL LAND STEWARDSHIP AREA (RLSA) PROGRAM REVIEW, AND PROVIDE DIRECTION TO STAFF ON OBTAINING SERVICES FROM AN OUTSIDE INDEPENDENT FIRM TO PERFORM REVIEW AND ANALYSIS OF THE RLSA AMENDMENT PACKAGE — MOTION TO RETURN THE CONSERVANCY'S $80,000 CONTRIBUTION AND INITIATE RLSA PROPOSED Page 137 October 23, 2012 AMENDMENTS WITHOUT THE SERVICES OF AN OUTSIDE INDEPENDENT FIRM — APPROVED MR. OCHS: Commissioners, we go to Item 11B on your agenda. It's a recommendation to reject all bids submitted in response to Solicitation 12-5905, Rural Land Stewardship Area program review, and provide direction to staff on obtaining services from an outside independent firm to perform review and analysis of the RLSA amendment package. Mr. Bosi will present. MR. BOSI: Good afternoon, Commission. Mike Bosi, interim director of planning and zoning. I'd just like to put a little disclaimer. As the director of planning and zoning, the area of expertise within my possession is that of the planning. This is the procurement process. It's a little bit outside of my area of expertise, so if I stumble, I apologize. Let me give you a context of why we're here and what we're asking to do. As the county manager had indicated, we're asking to reject all bids, and it lays within a fault of mine of why we're here. Back in January of 2011 we adopted the EAR report, and as part of that EAR report we said the Rural Land Stewardship five-year review program that was conducted from 2007 and concluded in 2009 was going to stand as the county's assessment of the Rural Land Stewardship Area. It was being included as part of the EAR-based amendments. At the December 14, 2011, Board of County Commissioners' meeting, I came before the BCC, asked the board to separate the EAR-based amendments out from the -- or separate the RLSA amendments out from the majority of the EAR-based amendments just because we know of the issues and the amount of time that was going to be associated with passing those individual RLSA five-year amendments. And the board agreed to that, said trail behind, lag Page 138 October 23, 2012 behind the EAR-based amendments with the RLSA five-year review amendments. Just as a sidenote, October 30th of this month, the CCPC will be making recommendations on adoption for the majority of the EAR-based amendments. And December 11th of this year, the EAR-based amendment adoption item will be on the board's public hearing. So we're somewhat at a lag right now. On April 10th of 2012, the Board of County Commissioners -- we brought an executive summary before the board to officially direct staff to accept the contribution from the Conservancy. And let me take a step back. At that December 14th meeting in 2011, when you segmented out the RLSA amendments, the Conservancy had volunteered up to $90,000 to pay for an outside review, an outside consultant to review the data and analysis in the amendment packages that were submitted to the board at their April 21, 2009, meeting, and provide for a third-party arbitrator to those amendment packages. April 10th of this year, the board directed staff to accept that money. On April 1 lth, I was contacted by the Conservancy, indicated that a grant agreement or a contract was needed to facilitate the exchange of funds. On the 26th of April, staff provided the Conservancy with a draft contract based upon the scope of work that was attached to that April 10th executive summary. On May 2nd, I -- we issued the invitation for bids at my sign-off with purchasing, but in the meantime we were still finalizing the contract with the Conservancy. On the 25th we received draft language from the Conservancy in addition to the contract that related to the independence of the outside counsel. Now, with -- on the visualizer, the very top is what was associated with the -- with the scope of work that the Board of County Commissioners directed staff -- on April 10th, they directed staff to accept the funds, and it basically said it should not be -- the vendor Page 139 October 23, 2012 who would perform services for the county, initiate a Rural Land Stewardship Area five-year review are not eligible for selection due to the requirement for an independent review. That was attached to that scope of work on the 10th. The language that came from the Conservancy was a little -- was a little bit more restrictive. That language was not contained within the invitation to bid. Within the invitation to bid, it was that original language that was concluded within that scope of work. Because of that, because of my error, because I initiated the invitation to bid before we had finalized that contract, that important information was omitted from that invitation to bid. So the submitters were not aware of that. When we resolved the -- when we resolved the contract issue with the Conservancy, it included their more restrictive language. Within that contract we evaluated the proposals based upon the proposals that were submitted. None of the -- none of the firms that submitted met any one of the -- all of the criterias contained within the scope of work as well as the no-conflict clause that's contained within our contract. Based upon that, we are -- we're here asking the Board of County Commissioners to provide us with direction in terms of how we move forward. Now, I think there's a number of parties that were part of that five-year review process that want to speak on this item, so there's a lot of interest, and there's a lot of competing interests that are involved within these RLSA five-year amendments. So we see the value of an outside counsel, but we also see that we're a year behind the rest of the EAR-based amendment process. We're asking the Board of County Commissioners: One would be -- the option would be to direct staff to repost that invitation to bid with those -- that no-conflict clause clearly articulated within that invitation to bid so that all submitters are clearly understanding the Page 140 October 23, 2012 conditions that we're asking for and the filter that we're asking for in terms of how we're going to select the firm. If that is not the desire of the Board of County Commissioners, then the second option would be direct staff to return the $80,000 to date that the Conservancy has provided to the county to fund that outside consultant and move forward without that retention of a third-party firm. And a third potential possibility that wasn't included within your executive summary would be if the board feels strongly for that third-party firm, to fund that yourself. Yes, sir. CHAIRMAN COYLE: Mike, I need some clarification on something. It's unclear to me, based upon what you've said, whether the county failed to include the proper language in the RFP or whether the terms of the Conservancy's grant of money for that purpose were -- the terms were changed after we produced the RFP. Which one is it? MR. BOSI: The scope of work that went on the April 10th executive summary is the bolded -- CHAIRMAN COYLE: No, wait a minute. I want to know, what did the people who bid on this receive? MR. BOSI: The language that is at the very top of that -- of the visualizer -- CHAIRMAN COYLE: Okay. MR. BOSI: -- is that qualifier language in terms of no competition. That's what was in the invitation to bid, and that's what was in the scope of work that the board approved on April 10th. CHAIRMAN COYLE: Okay. Was that in accordance with the agreement that you had with the Conservancy at that point in time? MR. BOSI: There was no formalized agreement. There was the no-conflict clause that -- CHAIRMAN COYLE: Okay. So the Conservancy changed -- well, maybe not changed -- but provided you with clarification about Page 141 October 23, 2012 the terms under which they would grant this money to have this work done; is that what we're saying? MR. BOSI: Yes, sir. CHAIRMAN COYLE: That -- now, I can't imagine why we ever would have put ourselves in that position, but nevertheless. So we put out an RFP without working out an arrangement with the Conservancy first. MR. BOSI: That's on my shoulders. And -- CHAIRMAN COYLE: Okay. All right. Commissioner Henning, would you like to hear the public, or do you want to go? COMMISSIONER HENNING: No. CHAIRMAN COYLE: Go ahead. COMMISSIONER HENNING: I want to go. I made a mistake earlier today, so -- and I need to own up for it later on. You're only human. But I appreciate the fact that you're willing to own up, that you're human. Who are the bidders that bidded on this, the professionals? MR. BOSI: And I know the type is too small. The low bid was from Ivey Planning Group, but it was a single-source firm. The second bid was AECOM. The third bid in terms of pricing was Tindale & Oliver. The fourth was the Planning Center out of Santa Ana, California; and then we had Murphy Planning Group out of Fort Myers; and Harrison, Rivard, Duncan, Buzzett out of Panama City in Florida; and the last was VHB MillerSellen out of Orlando, Florida. So we had seven total bids. COMMISSIONER HENNING: And you're saying that none of these fit the criteria for what is provided in the RFP? MR. BOSI: They could not meet all of the conditions within the scope of work as well as the additional no-conflict clause between the -- with the county and the Conservancy. COMMISSIONER HENNING: Do you think there's any firm Page 142 October 23, 2012 out there that -- well, we don't know until we ask. MR. BOSI: We're not sure. We -- we're hesitant -- we don't want -- we don't want to delay the process that much further, but we also recognize the value that the third party can provide to this process in terms of an arbitrator towards, you know, some of the arguments that could be put forward. We're hopeful that we would receive a qualified bidder, and that's why we're seeking that direction. That was the first recommendation that was suggested by staff. COMMISSIONER HENNING: Do you feel that Former Commissioner Mark Strain, Planning Commissioner Mark Strain, can do an analysis and -- MR. BOSI: I would have to -- I'm sure if he had put together a proposal and a team, he would receive very -- he would receive the same scrutiny that any other bidder would have based upon the qualifications and the time spent. COMMISSIONER HENNING: Except for we could have got it for free. Not anymore, I guess. There's no growth out in RLSA. Actually there's no growth, very little growth, in the urban area. Is there really a need to update it? MR. BOSI: And that's -- that would be the discretion of the Board of County Commissioners. The one thing I would say is the -- since the outset of the Rural Land Stewardship Area, the one criticism that I think that has been lobbied against it was that it did not provide the level of specificity or certainty that was contained in terms of what's the intensity of development and what would be the infrastructure required to provide for that development. And the one thing I would say about from that time when it was -- when it was passed back in early 2000 to this time, and the five-year review has produced a lot more specificity towards where that development was going to be transpiring within the Rural Land Page 143 October 23, 2012 Stewardship Area. And one of the key components of the proposed amendments was a specific cap on the intensity of number of acres that could be provided. So in that regards, it would be an improvement. Could the system continue to exist as it is without any -- without any further modifications? I think that it could. But I think that what happened for -- between 2007 and 2009 was -- there's three real interest groups within that area. You've got your property owners, you've got your ag. interest, your environmental components. You have one pie. Everyone wants to make sure that their advocacy group, their portion that they're representing has a fair representation. And I think that all those people sat down at the table -- and there was a series of 23 public meetings. We had a series of a number of meetings with the Environmental Advisory Council and the Planning Commission that -- a series of compromises that were arranged that produced improvements to the overall program. COMMISSIONER HENNING: Yeah. Well, that's a sidenote from the item on the agenda. MR. BOSI: Yes. COMMISSIONER HENNING: You're asking us to not issue the proposal, return the money to the Conservancy; however, I just don't feel that there's a need at this time. There's no pressure on growth out there. There's no -- there's no property rights taking being proposed. There's no threats on the environment. There's no threats on agricultural use out there. So my opinion is we don't -- we don't do anything on the second question and let's, you know, kick this down the road when the economy starts -- after the elections, the economy starts getting better. CHAIRMAN COYLE: Is that a motion? COMMISSIONER HENNING: Yeah. CHAIRMAN COYLE: And what is the motion other than Page 144 October 23, 2012 kicking it down the road? Is there a more technical term for that or not? COMMISSIONER HENNING: Yeah. Well, the recommendations -- accept staffs recommendations and further give staff the -- well, I should say the county manager not to bring any RLSA amendments back until the appropriate building pressure on the RLSA, when they foresee building happening in the RLSA. COMMISSIONER COLETTA: I'll second that. CHAIRMAN COYLE: Okay. Commissioner Fiala? We still have public speakers, by the way. COMMISSIONER FIALA: I want to hear the public speakers first. CHAIRMAN COYLE: Okay. Then we'll -- how many public speakers? MR. MILLER: You have five. One has ceded her time to another speaker, so there will be four in total. CHAIRMAN COYLE: Oh. MR. MILLER: Your first speaker, Nicole Johnson, has ceded her three minutes to Andrew McElwaine, who will be speaking for six minutes. He will be followed by Nancy Payton. MR. McELWAINE: Thank you very much. For the record, Andrew McElwaine, Conservancy. I'm not really prepared to speak directly on Mr. Henning's motion. It sounds fine. I was going to talk to the issue of what to do, and I was simply going to say that we support Mr. Casalanguida and his staff, and if they want to cancel it and give us our money back, we're fine with that. If they feel there's a need to continue, an opportunity to continue, we're fine with that. CHAIRMAN COYLE: Well, there's a carrying charge. MR. McELWAINE: Yeah, I'm charging you interest, yeah. CHAIRMAN COYLE: We've been having to hold that money for some time now. Page 145 October 23, 2012 MR. McELWAINE: Yeah, I know. It's earning at least a quarter percent, sir. CHAIRMAN COYLE: No, not here. It's a lot more than that here. MR. McELWAINE: I want to see your investment portfolio. CHAIRMAN COYLE: Me, too. MR. McELWAINE: In any event, we'll support whatever decision you make in terms of the use of the Conservancy money. I see the landowners want us to have it back, and we're fine with that. The -- I do want to address the idea that there's been some unnecessary delay or somehow I pulled a fast one on Mr. Klatzkow and Mr. Coyle with the changes to the -- COMMISSIONER HILLER: You could never do that. They're both so smart. That would not be possible, especially Coyle. MR. McELWAINE: That was my mother-in-law -- CHAIRMAN COYLE: She's right for the second time today. MR. McELWAINE: Exactly. Well, both my mother-in-law and my teenage son will be happy to dispute the notion that I could do that. COMMISSIONER HILLER: There's no one -- MR. McELWAINE: Heaven help the person that tries to put one over on Mr. Coyle. They would not have a good day. The upshot is that the contract that we did agree to was very much in keeping with the stipulations from last December. Mr. Coyle said repeatedly that he wanted to keep the study free of bias, including any bias from the county, even -- the stipulation even said that the consultant should report directly to the board, not to the staff. So, again, I feel that the contract that Mr. Klatzkow signed and that Mr. Coyle signed was entirely in keeping with the stipulations, and I do reject the allegation that that's not the case. Second -- CHAIRMAN COYLE: I haven't heard that allegation, by the way. Page 146 October 23, 2012 MR. McELWAINE: Well, there is a three-page letter to that effect that -- COMMISSIONER HILLER: Could you introduce that into the record? CHAIRMAN COYLE: Oh, that one. Okay. MR. McELWAINE: It's my only copy. So I do want to reject that emphatically. And I also want to reject the idea that somehow we were trying to delay anything. Actually, I have sent emails to Mr. Klatzkow that, in fact, in January I began asking for a gift agreement between the Conservancy and the county. I asked again in February, and those emails are on file, and I wasn't responded to until April. And I said, again, we need a gift agreement to govern the use of the funds, and that's when we began the negotiating process that resulted in the grant agreement. So, again, I think we tried very hard to do this right. And I think, finally, I would note that for the landowners to now say this is all unnecessary, I can tell you that not two weeks ago they were lobbying one of my board members, a member of my executive committee, to pick one of the vendors here and get us to approve one of the proposed vendors. So, clearly, two weeks ago it wasn't a delay or too little as they allege in their letter. So in any event, I'm happy with whatever you decide. If the decision is to give us our money back, that's fine. I'm not sure we need a whole lot more public speakers to say whether the contract was valid or not or whatever. If the decision is to give us our money back as they've asked, I'm happy with that. COMMISSIONER HILLER: I'll make a motion to refund -- MR. McELWAINE: There's a motion on the table. CHAIRMAN COYLE: We already have a motion we have to deal with. COMMISSIONER HILLER: There's a second one. CHAIRMAN COYLE: Well, let's do the first one first. But I'd Page 147 October 23, 2012 just like to ask you a question. At the point in time when it would seem appropriate that we hire someone to do an unbiased evaluation, can we -- can you sort of keep that money in escrow, and we can talk about it again? MR. McELWAINE: Well, sir, you have the money. And, certainly, I'd be happy to do what you like. Right now the county has it. And if the decision is to proceed and try to find an independent consultant, which is one of the recommendations on the table, we won't oppose that. The landowners have said you should just give it back, not do it; I'm fine with that as well. CHAIRMAN COYLE: Okay, all right. Okay, fine. Thank you. We have a motion to -- MR. MILLER: Commissioner, we have more speakers. CHAIRMAN COYLE: I'm sorry? MR. MILLER: We have more speakers. CHAIRMAN COYLE: I'm sorry, go ahead. MR. MILLER: Your next public speaker is Nancy Payton. Ms. Payton will be followed by Brad Cornell. MS. PAYTON: Good afternoon. Nancy Payton. I'm representing the Florida Wildlife Federation and also Defenders of Wildlife today. Both our organizations -- and both the organizations did participate in the five-year review process quite actively and have been involved in the RLSA for a number of years. We support moving ahead with the amendments. We would like to see the amendments move forward. There's been a tremendous amount of public staff, appointed committee members, time devoted to refining the RLSA program, and improving it. So we think that it should move forward. But we think it should move forward now without the independent reviewer, at least funded through the county with the Conservancy's grant. We appreciate the grant, and we like the idea of an independent review, and we supported the scope of work, which was presented in a Page 148 October 23, 2012 public forum for the public to comment and provide input. What we don't appreciate is the business of the contract that was negotiated not in the sunshine. The public, the federation, Defenders, and I'm sure there are others, didn't realize that contract was underway, and the contract does somewhat change the scope of work. And if it didn't change the scope of work, why didn't it come back or at least be on the consent agenda for the public to have some knowledge of that? It was a bit of a -- CHAIRMAN COYLE: You're talking about the contract between the Conservancy and Collier County for the use of that money? MS. PAYTON: Correct. CHAIRMAN COYLE: Okay. MS. PAYTON: See, the public got to speak on the scope of work, but then the public didn't know that there was also this contract that was going to be negotiated, and that would have been fine. I saw a copy of the contract that the county proposed, and it just reflected what was in the scope of work, but then there were additions to it, and I think that began to undermine the idea of an independent review and an independent company working on that. And -- well, I don't think you're ever going to find a contractor that's going to meet the needs of the Conservancy and the staff and the public. And so I agree that -- kindly return the money to the Conservancy and let's move on. If they'd like to use that money to hire a contractor, that would be fine, and that information could be brought forward during the transmittal and adoption process, but let's move forward, and let's have everything happen in the sunshine. So a summary of our recommendation is please move forward with these amendments. Who knows, they may not even get past the transmittal hearing, but at least we can move forward. And thank you to the Conservancy, but no thank you for the money. MR. MILLER: Commissioners, your next public speaker is Brad Page 149 October 23, 2012 Cornell. CHAIRMAN COYLE: I believe Commissioner Henning's motion is slightly different than what you're suggesting. Is it? MS. PAYTON: Yes. CHAIRMAN COYLE: Is it or is it not? MS. PAYTON: Commissioner Henning, as I understand, says let's just forget about the RLSA for an unknown amount of time, period of time. Federation and Defenders are saying let's move forward with those amendments that were crafted through a very public process without the independent review that would be funded by the grant from the Conservancy. CHAIRMAN COYLE: And the Conservancy is essentially saying don't move forward with the amendments and don't hire a consultant right now? MR. McELWAINE: Well, I think Commissioner Henning's motion is just fine. CHAIRMAN COYLE: Okay. MR. McELWAINE: I agree with him that there's no real need for this right now. On the other hand, the issue that I really came prepared to speak to was just a question of the use of our funds. My statement on that was, simply, whatever you'd like to do, we're happy to work with you. CHAIRMAN COYLE: Okay, all right. Thank you very much. MS. PAYTON: May I comment that there is a need to address the RLSA amendments, and it's not probably in the best interest of the county and the growth plan to wait till there's a problem. Let's be proactive and deal with it now and be ready when that development comes so we can properly control it rather than playing catch-up or retrofitting. So I think that there is a valid reason to move those amendments forward now and be ready if and when that development comes. CHAIRMAN COYLE: Okay. Thank you. Page 150 October 23, 2012 MR. MILLER: Commissioners, your next speaker is Brad Cornell. Mr. Cornell will be followed by John Passidomo. MR. CORNELL: Good afternoon, Commissioners. I'm Brad Cornell, and I'm here on behalf of Collier County Audubon Society and Audubon of Florida. Regarding the motion that's on the floor, I agree with Nancy that doing nothing, so to speak, really flies in the face of the whole concept of land-use planning. You know, you're supposed to be doing this stuff ahead of time. Don't wait for, you know, a problem to develop. Let's make the playing field look like what it's supposed to be. You know, you guys are in charge of land use. You know, call it the way you think it should be. Audubon supports staff recommendation to return the $80,000 to the Conservancy and direct staff to promptly initiate transmittal of the Rural Land Stewardship Area five-year review EAR amendments. Staff, I believe, are fully capable of reviewing these amendments and the data and analysis to go with them. I served for you on your RLSA five-year review committee from 2007 to 2009, the entire time. We reviewed substantial data and analysis for the EAR amendments that were proposed, as well as lots and lots of public input, including very specific edits recommended by the Planning Commission, the vast majority of which were quickly incorporated by the five-year review committee into those amendments. The five-year review amendments include many benefits for the public and for the county. A couple of them are the limits on acreage and credits for urban development incentives for the Rural Land Stewardship which maximizes both habitat and farming acreage. And also the creation of much-improved incentives to protect farming and preserve or restore the entire agri -- area of critical state concern for the Okaloacoochee Slough, which is the eastern part of the county. Those are called Ag Stewardship Credits. Those are Page 151 October 23, 2012 tremendously beneficial and big improvements to this program. We need them. And even if nothing is happening in terms of development now, that doesn't mean we shouldn't put them in place now. A third-party review of the RLSA five-year review amendments was a reasonable idea 10 months ago, but the county and the Conservancy have been unable to agree on any contractor. And I say the time's up. Let's stop delaying these very beneficial RLSA amendments. It should not take five years to implement the five-year review amendments, all of which your committee recommended after a very robust public process. So please move forward with those in transmittal. Thank you. MR. MILLER: Commissioners, your final registered speaker on this item is John Passidomo. MR. PASSIDOMO: Good afternoon, Commissioners. My name is John Passidomo. My address is 821 5th Avenue South in the City of Naples. Our firm represents the Eastern Collier Property Owners. Our clients collectively own significant ownership interest in the almost 200,000 acres which comprise the Rural Land Stewardship Area -- COMMISSIONER HILLER: Can you list those property owners? MR. PASSIDOMO: I can, but I'd have to do it from memory. I think they have each signed a letter that was transmitted to the Board of County Commissioners. There are eight in number. COMMISSIONER HILLER: Just for the people in the community who don't know who they are. MR. PASSIDOMO: Certainly. Thank you. They are Pacific Tomato Growers; Collier Enterprises; Half Circle L Ranch Partnership; English Brothers; Barron Collier Companies; Consolidated Citrus; King Ranch, Incorporated; Alico Land Development Corporation; and the Priddy family. Our clients in the aggregate own almost 200,000, almost -- a Page 152 October 23, 2012 significant part of that 200,000 acres that comprise the Rural Land Stewardship Area in Northeastern Collier County. They have for over 10 years worked with environmental advocates to develop private sector incentives to promote the RLSA goals of environmental stewardship, smart growth, and agricultural preservation. In 2007 -- a historical perspective might be of interest certainly to the public, and I know each of the commissioners has been engaged in this process from time to time. But in 2007, Collier County began its required five-year review of the RLSA's landmark strategic plan for the Rural Land Stewardship Area. And in April 2009, after almost two years of work by a citizen committee appointed by the Board of County Commissioners in over 25 public hearings and meetings, the Board of County Commissioners adopted improvements to the proposed RLSA program proposed by the citizens' committee and revised by the Planning Commission and the Environmental Advisory Committee, and it directed that staff move forward with the public hearings for review and adoption of those recommended improvements to the program. Now, three-and-a-half years later, that directive from the Board of County Commissioners has not been implemented. Indeed, two years ago, on October 15, 2010, the Department of Community Affairs, in their assessment of the Evaluation and Appraisal Report, said it was about time for the county to get on with this work. We, respectfully, submit that there's no reason for the delay. As suggested by Mr. Cornell, this is a planning process. It's at a long-range planning process, and it really is a strategic plan for Eastern Collier County, which is intended to go to buildout 30, 40, 50, 60 years from now. Whatever the immediate projections for growth are, frankly, are immaterial to the long-range planning. We, respectfully, request that you move forward, that you adopt Option No. 2 recommended by your planning staff, and we stand Page 153 October 23, 2012 ready to participate in those public hearings. Thank you, Mr. Chairman. CHAIRMAN COYLE: Thank you. Okay. We have a motion on the floor. COMMISSIONER COLETTA: I withdraw my second. CHAIRMAN COYLE: We no longer have a motion on the floor. Commissioner Henning, go ahead. COMMISSIONER HENNING: Well, you know, my motion did not say, Brad, wait till development is knocking on the door or is too late. You know, have staff bring it back when it is appropriate. So I just remind everybody, you need four-fifths to adopt this, okay. So you better do it right. You ain't going to get it. I guarantee you that. CHAIRMAN COYLE: Okay. I'm sorry. We -- COMMISSIONER HENNING: I was finished. CHAIRMAN COYLE: No, no. I just sort of talked over that last statement you had. Commissioner Fiala didn't hear it. Would you mind saying again? COMMISSIONER HENNING: What part didn't you understand? CHAIRMAN COYLE: Something about four-fifths. COMMISSIONER HENNING: You need four-fifths to adopt a Growth Management Plan. COMMISSIONER FIALA: Who were you saying that to? COMMISSIONER HENNING: I was saying that to Mr. Passidomo. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I wasn't saying it to Commissioner Fiala. COMMISSIONER FIALA: Oh, I don't know. CHAIRMAN COYLE: Okay. Commissioner Fiala, go ahead. COMMISSIONER FIALA: Yes. All I was going to do is make Page 154 October 23, 2012 a motion. Staff asked for direction, and so my direction is direct staff to return the $80,000. This was okay with the Conservancy, provided to the county from the Conservancy to fund the retention of the third-party firm, and direct staff to initiate the RLSA amendment process without the independent review to finalize the EAR-based amendments. COMMISSIONER COLETTA: I second that. CHAIRMAN COYLE: Okay. A motion by Commissioner Fiala, second by Commissioner Coletta. Commissioner Hiller? I'm sorry? MR. OCHS: I apologize. Did the motion also include rejecting the bids? CHAIRMAN COYLE: It doesn't, but that certainly was her intent, I believe. COMMISSIONER FIALA: Oh, it must. Yes, thank you for -- thank you for bringing that to my attention. Please include that in my motion. CHAIRMAN COYLE: And, Commissioner Hiller? COMMISSIONER HILLER: Yeah. The thing that was astounding to me in this entire discussion is what Nancy brought out about this contract being executed out of the sunshine. And I applaud you for recognizing that because I just found out about it, and I was appalled also. And it's absolutely not a reflection on Conservancy's part, because it isn't Conservancy that did it. It is the county that did it, and specifically it was Commissioner Coyle that did it, and I don't see how that can happen. This is what happened in the Gilchrist case. Wasn't that the same issue there, that a contract was executed outside of the -- was it -- which -- wasn't that in that audit? Yeah. So, I mean, I think we need to have some sort of procedure in place to ensure that no contracts are executed that the board has not seen and voted on. Page 155 October 23, 2012 So, Nancy, thank you for bringing this forward, because this is actually the second time this has been highlighted in the last two meetings. COMMISSIONER FIALA: Crystal was just making a face that said, you know, that wasn't what happened. Andy, would you please tell us what happened? MR. McELWAINE: I guess -- I'm not the county attorney, so I am -- you should be very grateful for that. The -- COMMISSIONER HILLER: I don't know. They probably would be really happy. They could get by with a lot of stuff. MR. McELWAINE: That's for sure, because I wouldn't know what they were talking -- I don't know enough Latin. The upshot is it really was -- my understanding at the time was because what we had was consistent with the stipulations that Commissioner Coyle made in his motion in December, that there was no further process that the board needed, but I'll defer to your much wiser counsel on that. CHAIRMAN COYLE: Just to clarify that, did I engage in any contract negotiations with you? MR. McELWAINE: No, sir, not to the best of my knowledge. CHAIRMAN COYLE: Have you seen my signature on any contract with you? MR. McELWAINE: Yes, sir, the final -- CHAIRMAN COYLE: Yes. MR. McELWAINE: -- the final agreement for Mr. Klatzkow's signature and then yours on behalf of the -- CHAIRMAN COYLE: Right. It was deemed legally sufficient by our county attorney -- MR. McELWAINE: Correct. CHAIRMAN COYLE: -- is that not correct? MR. McELWAINE: That's correct. COMMISSIONER HILLER: That's not enough. I mean, it still Page 156 October 23, 2012 needs to come back to the board. So, Nancy, you're absolutely right. Thank you. And it's no reflection on you, but thank you. MR. McELWAINE: Thank you, ma'am. COMMISSIONER HILLER: Thank you for those facts. Legal sufficiency -- COMMISSIONER FIALA: Why are we always trying to make the county look bad? COMMISSIONER HILLER: We're not. We're trying to make sure -- COMMISSIONER FIALA: It sounds like it to me. If you were saying that Commissioner Coyle went, snuck around and made this little agreement with the Conservancy and nobody else knew it, and that certainly makes us look bad. COMMISSIONER HILLER: Well, it -- bottom line is it can't be done. I mean, all contracts have to come back to the board. COMMISSIONER FIALA: It wasn't done. COMMISSIONER HILLER: It was. The contract needs to come back before the board, has to be approved by the board. If the county attorney says it's legally sufficient, that's nice. It still needs the board's approval. And we didn't say go back, you know, put this in a contract, and we accept it as written. CHAIRMAN COYLE: County Manager (sic), would you please explain to Commissioner Hiller what the facts are? COMMISSIONER FIALA: County Attorney you mean? MR. KLATZKOW: I've got to tell you, I just don't remember what happened here. Typically, what often will happen is that the board will take action, and then they'll authorize the chairman to sign based on that action. That may have happened here. Sometimes what we'll do is we'll do legal review of an agreement and get it back to staff. Sometimes staff inadvertently just doesn't put it on executive summary. There are -- they may be under the Page 157 October 23, 2012 understanding that they can simply just take it to the chair. I don't know what the particulars are on this, but I don't know why this is an issue either. COMMISSIONER FIALA: It isn't, because we have now -- I've just made a motion to cancel everything we've done, right, return the $80,000 and initiate -- and direct staff to initiate the RLSA amendment process. So, I mean, whatever -- whatever is being talked about -- CHAIRMAN COYLE: Is irrelevant. COMMISSIONER FIALA: -- just disregard entirely and move forward. CHAIRMAN COYLE: Okay. 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. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. There's -- it passes 4-1 with Commissioner Henning dissenting. Let's go on. COMMISSIONER HILLER: Nancy, thank you. CHAIRMAN COYLE: We're going to take a 10-minute break for the court reporter, and we'll come back, maybe. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Ladies and gentlemen, we -- the Board of County Commission meeting is back in order. We have a lot of things to do in a fairly short period of time. Commissioner Henning (sic) is having to leave here at 5 p.m. COMMISSIONER HENNING: No. I could leave at 9 p.m. Page 158 October 23, 2012 CHAIRMAN COYLE: I'm sorry. I didn't mean -- I misspoke. Commissioner Coletta is leaving at -- COMMISSIONER HENNING: Five a.m. CHAIRMAN COYLE: -- at 5 p.m. COMMISSIONER COLETTA: But not leaving totally. CHAIRMAN COYLE: So we're going to try to get a couple of things done so that we can release members of the audience who have been sitting here for a long, long time. So we're going to go with Ian Mitchell's item. What is that? Item #12B RESOLUTION 2012-202: ADOPTING A RESOLUTION TERMINATING THE EMPLOYMENT AGREEMENT WITH THE EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS — ADOPTED MR. OCHS: Mr. Chairman, that's Item 12B. It was previously 16K6 on your agenda. It's a recommendation to adopt a resolution terminating the employment agreement with the executive manager to the Board of County Commissioners. CHAIRMAN COYLE: Okay. 16K6? COMMISSIONER HENNING: May I say something? CHAIRMAN COYLE: No, it wasn't 16K6, was it? COMMISSIONER FIALA: Yeah. MR. OCHS: Yeah. It came off the 16K6 and moved to 12B under your county attorney's. COMMISSIONER HENNING: May I say something under this item? CHAIRMAN COYLE: Go ahead. COMMISSIONER HENNING: I misspoke about the contract where -- provisions under 16 where I said Section 16 provides a Page 159 October 23, 2012 confidentiality agreement. It's not in there in Section 16, so I apologize. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: Where is it? Where is it? COMMISSIONER HENNING: It's not in Section 16 like I said. COMMISSIONER HILLER: Oh. CHAIRMAN COYLE: You're not going to tell us where it is? COMMISSIONER HENNING: It's in your packet. CHAIRMAN COYLE: Okay. All right. Commissioner Hiller, you pulled this item. COMMISSIONER HILLER: Yeah. I pulled this item, and the reason I did was because I need to get an understanding of what's going on. You know, at the -- in order for me to be able to vote to support awarding Ian the severance package, one of the things I need to do is understand why we're doing it. And based on what was presented on the record, you know, Jeff clearly pointed out that the clerk would not pay, and so that left me concerned, because if the clerk doesn't pay and I approve something that the clerk wouldn't pay knowingly, then the problem I've got or we, actually as a board, have is, you know, it's either misfeasance or malfeasance or something along those lines. So as you know, I met with Ian and the county attorney and with the director of payroll for the clerk -- actually the director of operations who's also head of payroll -- and during the course of that meeting I asked Ian to please, you know, give me the reasons so that -- you know, other than what he presented, so that I could legitimately make -- or cast my vote in favor of giving him the award. But Ian said at that time he could not tell me. And since that time nothing has been brought to my attention. No facts have been brought forward to me to be able to change what Jeff has said. And in the meantime, certain other things have happened that have really left me wondering. And I really want to understand what's Page 160 October 23, 2012 going on here. And this relates to the termination of Evelyn Prieto. And what I don't understand is how Ian, who basically has been set up for termination by this board, was allowed to terminate Commissioner Henning's aide. And the problem I have with that termination is that I think it exposes the board to litigation. I think that Ian's actions with respect to the termination put us in a position where the board standing is legally compromised. The termination happened last week, and Evelyn was terminated with cause. There was a letter written by Ian that found her to be at fault on several levels. And I asked for the employee files so I could go back and see what was in the record to see what the basis for the termination was. And you'll recall I had mentioned earlier that when I spoke to Jeff when I heard it rumored that that might be happening, that he said that human resources in the County Attorney's Office said that Evelyn could not be terminated because there was no evidence in the file to support termination. And then, you know, like, I guess it was one or two weeks later Evelyn is being terminated. Now, I went through the employee file, and there is nothing in there to support termination. In fact, I spoke to HR. I spoke to Amy Lyberg, and I found the opposite. I found that Evelyn had contacted Amy Lyberg back in February and was very concerned about what was going on in the office and, in effect, was alleging that Ian was being hostile towards her, that she was, in effect, facing a hostile work environment among other things that Amy would not disclose. And I asked her if she documented this, and she said no. And I said, why not? She said, Evelyn said that she didn't want it documented. I said, did Evelyn come back again? And she said, yes, on numerous occasions. I asked if she met with Ian on multiple -- to discuss this and, you Page 161 October 23, 2012 know, was any corrective action taken with Ian? And she said, yes, on multiple occasions. I said, did you document that? And she said no. And I said, well, do you have, you know, these meetings calendared with respect to Ian? And she said yes. So it appears -- and I don't know what your position is, Commissioner Henning, because she was your aide. And I went through the file, and I found this photograph. It's a photograph of Evelyn and her daughter, and Evelyn is wearing a Henning T-shirt and a Tim Nance T-shirt. I just don't understand what happened and how an employee in Ian's position could be allowed to terminate someone. And then now you've got this confidentiality agreement. And I just don't understand what's going on. And I really feel that we've got some very serious issues facing the board. And I just -- I have real concerns. And I want -- I want my questions answered. I want to know what's going on here. MR. TEACH: Well -- Scott Teach, Deputy County Attorney. COMMISSIONER HILLER: And I'm going to just put this on the overhead. MR. TEACH: One thing I would say, Commissioner, I think these numbers -- CHAIRMAN COYLE: Hold on a minute. MR. TEACH: Yes, sir. CHAIRMAN COYLE: I strongly object to you putting a minor child's picture on the -- COMMISSIONER HILLER: We'll just -- here. That's okay. CHAIRMAN COYLE: -- to be broadcast over the public just because you've got some -- COMMISSIONER HILLER: We'll just take -- CHAIRMAN COYLE: -- gripe to lodge here. COMMISSIONER HILLER: Just go ahead and put it with Evelyn. Page 162 October 23, 2012 CHAIRMAN COYLE: And, by the way, what is the point of that anyway, Commissioner Hiller? COMMISSIONER HILLER: Well, it's relevant because -- CHAIRMAN COYLE: It is? Tell us how it's relevant. COMMISSIONER HILLER: Well, just let the county attorney speak, and then I'll address these issues. Because I'm the one asking the questions, not you. And I want an answer. CHAIRMAN COYLE: Yes, but what you're doing is getting into character assassination here, and it's just for your own benefit. COMMISSIONER HILLER: No, no. We've got some very serious issues here, and I want answers, because I don't know what's going on. MR. TEACH: Commissioners, I represent the Board of County Commissioners, and this is an inappropriate conversation to have in the public with employees for a variety of reasons, one of which is I'm not sure why people would want to apply if they know that they're going to be brought out and their -- reasons for their termination publicly. But, more importantly, the conversations could be had, and there -- the employee was separated just recently. We haven't -- there's a potential that this employee could file suit for -- anybody can file suit, and this conversation -- I strongly, strongly urge you to avoid this conversation. I can only tell you this: These matters regarding separations and discipline are seriously considered. These are things that are kept very close in conversations in the human resources -- COMMISSIONER HILLER: It that why it was published by Brent Batten? I mean, there was an article about her severance and what it was all about. MR. TEACH: Commissioner, let me just explain. These things -- we take great lengths so that these aren't disseminated or voiced among other employees. Page 163 October 23, 2012 In my office, there has generally been two employees, two attorneys who are involved in this. We don't share this information with the other attorneys in this office. Myself and Colleen Greene are the primary attorneys that review these things. We shut our doors when we have conversations in regard to this, whether it's with HR or whoever, because we have to respect the dignity of these employees. And some of them -- you know, they don't agree with these things, and they raise issues and allegations that are uncorroborated. A lot comes out because it's a very emotional time. I can tell you myself, in my nine years here, I've made a lot of recommendations regarding employees, regarding discipline -- and they're just recommendations, because the staff people make the ultimate recommendations -- but I wrestle with these things. They disturb me. And in these nine years, I've had two where I've made recommendations that weren't followed. One was adverse to the county, ultimately; my recommendation was not followed. And the other one was adverse to an employee who is deceased. So I can tell you this: I take these things highly seriously, and this conversation is not appropriate for the board in public. COMMISSIONER HILLER: But you didn't terminate Evelyn. MR. TEACH: I did not. COMMISSIONER HILLER: Mr. Mitchell did. So I'm not sure where your concern is. I received an anonymous email from someone that I'm going to enter into the record, which I've allowed the county attorney to read, and I think you-all received it, too, because it was addressed to the board as a whole, and it raises some very serious concerns about what's going on here. I want to know what's going on; the public has the right to know. While you sit there and say this is all supposed to be veiled in Page 164 October 23, 2012 confidentiality, Brent Batten wrote an article about it that was disclosing the reasons for her termination and which, quite frankly, seem completely without legal basis. MR. TEACH: Now, Commissioner -- and sometimes you'll understand this, that we've had employees that we've taken adverse action, and these employees contact the news, and they tell their side of the story, and we don't speak up because we don't want to engage in this, because it could come back adversely to the county if it's taken in a different context. COMMISSIONER HILLER: Is her termination letter a public document? MR. TEACH: Yes, yes, and if somebody requested it, we would provide it. And -- COMMISSIONER HILLER: Well, as it turned out, Commissioner Coletta -- Coletta's aide had that document before she was even terminated. I mean, I think Commissioner Coletta might have known what was going on. I didn't. No one would tell me. COMMISSIONER COLETTA: I've got to respond. I know nothing about what you're talking about, and the implication that something may have happened because somebody was supporting a political candidate other than myself is completely false. COMMISSIONER HILLER: I'm not implying anything of the sort. COMMISSIONER COLETTA: Well, I mean, the fact that you asked for it to be put up on the viewer that they were wearing campaign shirts -- COMMISSIONER HILLER: I'm just -- COMMISSIONER COLETTA: -- indicates there's a political problem with this whole thing, and that is an issue that I just -- I can't believe that you'd lower yourself to this level. Now we're getting back to the real subject. Why is Ian Mitchell Page 165 October 23, 2012 leaving? There it is right there. COMMISSIONER HILLER: Well, we're -- this is a very serious issue because, again, there was an allegation made by this woman who was terminated that she was, you know, in effect in a hostile work environment, and nothing was done about it. And then Mr. Mitchell, on his way out the door, is allowed to terminate her, and there's something wrong with that. And I want to know why this was done and what's going on. And then all of a sudden Mr. Mitchell is given the opportunity to sign a confidentiality agreement, and he comes back and he says, I will only sign it if the clerk pays me. Now, there's something wrong with that. I'll read you what this anonymous email said. CHAIRMAN COYLE: Why would you even -- COMMISSIONER FIALA: Why would you want to read an anonymous letter when they don't even sign their name? Where's -- you know, how can we then ask that person -- I don't think that you should even begin to lower yourself to read an anonymous letter that COMMISSIONER HILLER: Why? It's a public record. It's a public record. COMMISSIONER FIALA: No, it isn't. It's anonymous. COMMISSIONER HILLER: No. It's a public record. COMMISSIONER FIALA: Well, if the person isn't brave enough to sign their own name, then I think there's no validity to something like that. If they can't even sign their own name -- COMMISSIONER HENNING: Kind of like rumors in the Immokalee Master Plan. COMMISSIONER FIALA: Yes. Well, right, right. COMMISSIONER HILLER: But this is important. COMMISSIONER FIALA: Except that I have the names for it. COMMISSIONER HENNING: Yeah. COMMISSIONER HILLER: Well, anyway, I need -- I need an Page 166 October 23, 2012 understanding of how that could -- how that could be allowed to happen, and I really have a problem with it. COMMISSIONER FIALA: Why are we continuously running people down? COMMISSIONER HILLER: Well, it's a big deal. Now, here's the other thing. As I was looking through the file, I saw that Mr. Mitchell had not done evaluations for any of the aides this year; that with respect to last year, three of the aides got incomplete evaluations. I mean, what was going on? What is it that was going on that we don't know? MR. KLATZKOW: Commissioner, he's -- he is your employee. You have a contract with him. If you want to talk about the management of that contract, that's the five of you to talk about it. Evelyn is one of your aides. I mean -- COMMISSIONER HILLER: But did you have to approve her termination? MR. KLATZKOW: Approve the termination? Mr. Teach, were you involved in the termination? I don't get involved in terminations. MR. TEACH: Commissioner, all I will say on the subject is all these matters are vetted through human resources and the County Attorney's Office, and they have been reviewed for a determination whether the action could go forward. COMMISSIONER HILLER: And so you, obviously, approved it, because she was terminated. MR. TEACH: Commissioner, we have reviewed the action that was requested, correct. COMMISSIONER HILLER: So you allowed someone in Ian's position to terminate -- MR. TEACH: Commissioner -- COMMISSIONER HILLER: -- someone under his employment as he was out the door? MR. TEACH: Commissioner, I have no further comment on it. Page 167 October 23, 2012 COMMISSIONER HILLER: And I have a file that has nothing to support the termination. I mean, you've compromised our standing. COMMISSIONER HENNING: I have a comment. CHAIRMAN COYLE: Oh, what garbage. COMMISSIONER HILLER: It's very serious. CHAIRMAN COYLE: Compromised our standing? Commissioner Henning, go ahead. COMMISSIONER HILLER: It's not fair. COMMISSIONER HENNING: You know, Commissioner Hiller, what you have espoused is new information to me, and it's not my understanding. I did not involve myself in that because it involved the office and the office staff. I thought it was inappropriate. Evelyn did an okay job for me. I didn't want to see her, you know, go on my behalf. You know, we have -- just like any type of working relationships, you have misunderstandings, and we've had some misunderstandings, and we were working through those. There's no reason for, on my behalf, to terminate her -- termination of Evelyn; however, it sounds like that you have more information than I do, and I'm very disturbed by that. Leo, do I have a right to talk to your staff about the involvement with the termination of my aide? MR. OCHS: Those communications should come through my office, sir. CHAIRMAN COYLE: And did they? MR. OCHS: No. COMMISSIONER HILLER: I was actually -- Jeff called Amy Lyberg. We spoke to Amy in Jeff s office, and he was there when I spoke to her, and he called her to get certain documents. And I can ask questions. COMMISSIONER HENNING: Do I have the right to ask -- MR. KLATZKOW: Commissioners, you have a very narrow Page 168 October 23, 2012 agenda item here. CHAIRMAN COYLE: Yes, yes. MR. KLATZKOW: I mean, we can discuss Evelyn if you want to. COMMISSIONER HENNING: I do. And with the county attorney, I would imagine? MR. OCHS: I'd like to be present as well if we're going to have MR. KLATZKOW: The termination was Ian's termination decision. COMMISSIONER HENNING: Yeah, but there's allegations it was improper. MR. KLATZKOW: Okay. COMMISSIONER HENNING: And I want to get down -- sir, may I finish? I want to get down to the nitty-gritty of it. MR. KLATZKOW: Okay. COMMISSIONER HENNING: Thank you. COMMISSIONER HILLER: Now, I looked at Jordan Krumbine's file by contrast and, you know, what was documented in there is, you know, extensive compared to her file which had nothing. So I just don't understand what's going on and how, again, someone in Ian's position could have been allowed to terminate that employee without any documentation. CHAIRMAN COYLE: The question is, what bearing does that have on this agenda item? COMMISSIONER HILLER: Oh, it has a great deal of bearing. CHAIRMAN COYLE: Well, tell us what it is, and let's try to clear it up. COMMISSIONER HILLER: The bearing is is that, you know, it appears that -- from my understanding, that Evelyn was subjected to -- CHAIRMAN COYLE: Oh, forget that. COMMISSIONER HILLER: -- a hostile work environment. Page 169 October 23, 2012 CHAIRMAN COYLE: We're talking about an employment agreement for Ian Mitchell. That's all we're talking about. Now, if -- COMMISSIONER HILLER: I just don't -- I'd like an explanation of what's going on. CHAIRMAN COYLE: Well, what is it you want to know? COMMISSIONER HILLER: I want to know exactly why was he allowed to terminate Evelyn. I want to know why he's saying that he wants a confidentiality agreement and will only sign it if paid by the clerk. I don't see how we can award this payment based on the fact, Jeff, that you have said that -- CHAIRMAN COYLE: Then vote against it. COMMISSIONER HILLER: -- he doesn't qualify, that he doesn't qualify for the severance pay. I mean, I need explanations. COMMISSIONER FIALA: Jeff, did you say that? MR. KLATZKOW: Let's take it one at a time, all right. Let's talk about the confidentiality agreement. When the issue of Ian's leaving the county first came up, Commissioner Henning went through the files and asked our office to provide him a copy of the confidentiality agreement. We looked. We couldn't find one, all right, and Ian's contract provided that he enter into one, all right. So at that time, as a cleanup item, it was thought that we get into the confidentiality agreement and we bring it to the board at the same time as we had resolution. Ian elected not to enter into the confidentiality agreement. I do not bring agreements to the board when the other party has not assented to it. There's no purpose to it because you approve it, and then they'll come back and say, I want changes, and then I've got to bring it back again. And I've done this my whole life. I've done it in my corporate life as well. So that's the confidentiality; it was a cleanup item -- no more, no Page 170 October 23, 2012 less -- all right, when Commissioner Henning noted that it wasn't there. What was your other question? COMMISSIONER HILLER: Evelyn's termination. MR. KLATZKOW: I was not involved in Evelyn's termination, all right. You can talk to Mr. Teach about it. You can talk directly to Ian about it, if you'd like. He's here. COMMISSIONER HILLER: The fact that the file wasn't paper, the fact that there was a -- MR. KLATZKOW: You can talk to Ian about that. He was your employee, all right. Now, if he didn't properly engage what he should have engaged in, I don't know what to tell you. He was your employee. He was not Leo's employee. He was one of the contract employees. You know, at the end of the day, he was hired to supervise your aides. He made the decision to terminate, all right. Scott worked with that just to make sure that there wasn't any hair on it. That's what we do, all right. But the decision to terminate was Ian's. And you can ask him if you want, all right. But that was the decision. CHAIRMAN COYLE: Okay. Who's next? COMMISSIONER COLETTA: I am. CHAIRMAN COYLE: All right. Commissioner Coletta? COMMISSIONER COLETTA: I'll tell you, when I think we've reached the bottom of where we're going to go, we've managed to find one more step. I'd like to make a motion at this time that the Board of County Commissioners adopt the attached resolution terminating the employment agreement for the executive manager to the Board of County Commissioners and, furthermore, to drop any reference as far as a confidentiality agreement goes. I think that's absolutely asinine. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Coletta to approve -- Page 171 October 23, 2012 MR. KLATZKOW: The resolution? CHAIRMAN COYLE: -- the resolution. And -- COMMISSIONER FIALA: I seconded it, but I still -- CHAIRMAN COYLE: Second. COMMISSIONER FIALA: Jeff had -- but I still had a question. CHAIRMAN COYLE: Okay. That will be all right. COMMISSIONER FIALA: Commissioner Hiller said that you said the clerk wouldn't pay it. Did you say that? MR. KLATZKOW: No. What I said during our initial conversation we had -- when Ian first brought this up, remember, there was an executive summary for his performance evaluation where he was asking for a raise. And instead of doing that, he read a statement on the record basically asking to be fired. And what I said was, your agreement provides, all right, that if you're going to get terminated and get severance, all right, that you must be ready, willing, and able to continue your duties; otherwise, you're just quitting, all right, and you don't get severance when you quit, all right. And what I told Ian at that time at that date was that you're not going to get paid under these circumstances, all right. I then privately told Ian to talk to each and every one of you, you know, to discuss, you know, what it is, because I still don't know to this day, you know, what the issue is with Ian, all right, what it is, so that you can make a legislative finding, all right, that you're making here so he can get paid. That's what happened. CHAIRMAN COYLE: Okay. Commissioner Fiala, that's all? Commissioner Henning? COMMISSIONER HENNING: Yeah. I'm going to support the motion, but you can't change a contract on the fly, especially when there's no reconsideration. But I will support the motion, and there are certain requirements under the contract that will come to roost. Page 172 October 23, 2012 CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Crystal, will the clerk be able to pay this? MS. KINZEL: I'm not sure, Commissioner. We haven't reviewed it. A lot of information's been put on the record, legal considerations, ethical considerations. We have to go back and review the totality of the information based on today's agenda item. COMMISSIONER HILLER: Well, if the board approves this, then I believe the contract provides it would have to be paid for in 10 days. MS. KINZEL: Okay. COMMISSIONER HILLER: Okay, you accept that you can pay it in 10 days? MS. KINZEL: No, Commissioner. We haven't even reviewed the issue. Whether we can pay or not pay will have to be determined based on reviewing the facts, based on what you vote on and determine today. We'll have to go back and look at all those. But, you know, I can't guarantee today. I haven't even seen what pay request is going to be put forward. There's a fiscal element of this -- of the agreement, you know -- COMMISSIONER HILLER: What is the total pay that he would be getting, including the value of the benefits? CHAIRMAN COYLE: It's in the executive summary. COMMISSIONER HILLER: I know. I want it on the record. MR. KLATZKOW: Sixty-four thousand -- CHAIRMAN COYLE: It's on the record. It's in the executive summary. COMMISSIONER HILLER: I want it -- 65,000? MR. KLATZKOW: Approximately. COMMISSIONER HILLER: Thank you. CHAIRMAN COYLE: Okay. I'm going to call the motion, but I Page 173 October 23, 2012 also have to make a statement here. I'm sure that the clerk and Commissioner Hiller can spend weeks and months dredging through the depths of the garbage that they can come up with to find something that will tarnish the reputation of some of our employees, but the point is that the action we're taking today, if this motion passes, is in the county's best interest because, number one, it helps us solve a problem that has been in existence for many years, and that is the management of aides to commissioners by a contract employee which has become an almost impossible task. I very briefly talked about this last time where you have a manager of the group who's managing aides who report to commissioners, and he never really has control over the circumstances in the office because commissioners are always trying to make sure that their aide is treated properly and used in certain ways, and they refuse to let them to be used in other ways, and it creates an almost impossible management problem. So the action that we're considering here will help us solve that problem, because I hope that we will take this opportunity to eliminate that position -- it will save us money -- and then each aide will work for the commissioner. The commissioner will be responsible for hiring them and firing them and evaluating them. And in that way we can eliminate all of the pressures that have resulted in situations that we've had when we put them all in the same office and have them listening to each other's conversations and telephone calls and seeing correspondence between -- of other commissioners and things of that nature. We can isolate that. And I can tell you from my own experience being in that office is, in my opinion, very close to a violation of the Sunshine Law. You walk down the hallway, you overhear tidbits of conversation. An aide picks up a telephone, tries to deal with a problem with a constituent, and somebody else overhears it and repeats it, and the information just gets transferred in ways that it shouldn't. And I hope that we will separate that, separate all those aides and the commissioners. Page 174 October 23, 2012 And I, personally, intend to move out of that office as quickly as I possibly can. So -- I'm going to Oregon. COMMISSIONER HILLER: Really? CHAIRMAN COYLE: So I am -- I'm saying to the public and to the other commissioners that this action that we're contemplating today will be in the best interest of Collier County in a number of different ways. So now I'll call the question. All in favor of the motion -- COMMISSIONER HILLER: I think Crystal wants to speak. CHAIRMAN COYLE: Crystal is not a voting member of this group. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay. It passes 4-1 with Commissioner Hiller dissenting. Now, Crystal. MS. KINZEL: Just, Commissioner Coyle, I need to put on the record, you've made several disparaging remarks often about the clerks. The Clerk's Office hasn't created this situation. The unfortunate circumstance is that we are left to unravel fiscal legality of decisions made, and we'll continue to do that. But, you know, the office goings-on or whatever has transpired to bring this agenda item forward, I have specifically not reviewed the details of this. We were asked for calculations of salaries on fiscal. I'm unaware of the other things that have been brought up here. That's why I can't commit to a payment or a nonpayment -- CHAIRMAN COYLE: I didn't ask you to. Page 175 October 23, 2012 MS. KINZEL: -- which is a reasonable position. CHAIRMAN COYLE: I didn't ask you to. MS. KINZEL: But some of the comments -- CHAIRMAN COYLE: I was referring to your comment about there are several ethical or behavioral problems that we will have to review. You just made those statements a few minutes ago. MS. KINZEL: Commissioner, you have put on the record that there might be ethical -- CHAIRMAN COYLE: I haven't. MS. KINZEL: Well, members of this board in total. Obviously, if there are accusations about how this payment is made, we're just going to have to review those. That was the only intent of that comment to be made. Thank you. CHAIRMAN COYLE: Well, I just want to make sure it was on the record. Okay. I'm sorry. MR. MITCHELL: Sir, may I? Can I speak now? CHAIRMAN COYLE: Yes, you may. MR. MITCHELL: I'm absolutely appalled that you would bring Evelyn Prieto into this conversation. I mean, even though I terminated her, one of the things that I have done since that time is I have not spoken to the press, to the television, who've been onto my phone every single day, because I respected that individual, and you should have done the same. But what I want to do is just give the people who've listened to you today a sample of my life working with you. And one of the things that is really surprising is that that aide we've just been discussing was your backup aide up to February when you had her terminated as your backup. You had all -- everything removed from her. I wonder why. COMMISSIONER HILLER: No. MR. MITCHELL: Now, let's just go on to something -- excuse Page 176 October 23, 2012 me, Commissioner. COMMISSIONER HILLER: Let me answer that question. CHAIRMAN COYLE: Let him speak. MR. MITCHELL: Secret list. On July 24, 2012, during the board meeting and during the lunchtime, Commissioner Hiller came into my office, closed the door, and accused me of keeping a secret list on her that I was going to use when she ran for reelection. She said, the details of this secret list are all over Collier County. COMMISSIONER HILLER: That's completely false. Actually, it was completely the opposite. CHAIRMAN COYLE: Commissioner Hiller. COMMISSIONER HILLER: No, no. MR. MITCHELL: So then I asked her -- I asked her, where had she heard about this secret list. She said from a number of sources across the county. And I said, well, then -- I laughed because it was absurd, and I just said, well, it's some secret list. But we still had a 22-minute conversation on it even though the commissioner said, I have no problems with you. I trust you. I always have. But I think, as Collier County employees all know, that, coming from Commissioner Hiller, is the kiss of death. But now let's go to recent times. Personnel records. On October 1 lth I stayed in my office for lunch, and I had the door closed. The BCC staff know that if my door's closed and they want me, if they knock and I'm having lunch, then they'll send me an email message or anything. So there's knocking on the door, and I ignored it, but it persisted. When I opened the door, Commissioner Hiller stood there with -- the county attorney stood behind her. And what she said was she'd come to collect the personnel records that were in my files of the aides in the BCC office. I looked at the county attorney, because the previous day we'd Page 177 October 23, 2012 had an agreement that I was doing a project for Commissioner Coyle. When I finished that project, then I would copy the files and take them up to his office. But this wasn't that. We want them now. And so when I looked at the county attorney, he never spoke; he just shrugged his shoulders. Commissioner Hiller followed me into my office. I sat at my desk where these files were stored, and she stood over me while I started going through the files. Now, the file that I was extracting was from current employees. But she said, no, she was looking, and she wanted all the files of all the aides. And I pulled them out, put them on the desk, put them on my desk, and she picked them up. As she picked them up, she browsed them. She browsed those files. And I'm ashamed to say that I let her walk out of the office carrying those files. She had no legal right to take those files. No legal right whatsoever. The fact that the county attorney was with her -- he was behind her. He was -- stood at my office door. Her back was to him. He had no visual sight of what she was doing with the files. And then she walked out with them. COMMISSIONER HILLER: You need to stop, Ian. You're out of line, and you're lying. MR. MITCHELL: No, I'm not. CHAIRMAN COYLE: Commissioner Hiller. COMMISSIONER HILLER: Very much. I'm sorry. CHAIRMAN COYLE: He's endured a lot. MR. MITCHELL: That's exactly what happened. You walked out with those files in your hand. COMMISSIONER HILLER: Jeff, can you please step in? MR. KLATZKOW: Sure, I will. Tuesday meeting you asked for the files. The board adjourned around 3:15. The files were not given to you. All day Wednesday the files were not presented to you. Page 178 October 23, 2012 You came to my office at 11:30 to look at the files. I don't have them, ma'am. Who has them? Ian must still have them, all right. These were public records, all right, that you were asked to produce, and you didn't produce them, all right. Commissioner Hiller was in the building. She asked for them. We took the files up to my office. I sat at a desk with her. Commissioner Hiller went through the files, noted what she wanted, okay. I then went to my paralegal, make sure that you redact any information that needs to be redacted -- took photocopies of it, all right. And then once the photocopies were made, I then returned the files to you intact. These are public records, Mr. Mitchell. Intact, all right. Gave a copy to Commissioner Hiller, gave a copy to Commissioner Coyle, who had asked for it as well, all right. Had you done what you -- she had asked you to do on Tuesday's meeting, all right, I wouldn't have had to have gone down there. Commissioner Hiller wouldn't have had to have gone down there, but you didn't do it, all right. MR. MITCHELL: But you had called me the day before, and you said -- MR. KLATZKOW: I asked you -- MR. MITCHELL: You called me the day before that -- MR. KLATZKOW: That copying took a half hour, all right. So, no. MR. MITCHELL: You called me the day before. You said I'm not going to -- MR. KLATZKOW: You're out of line on this one. You are so out of line on this one. MR. MITCHELL: I'm sorry, Commissioner Coyle. This is just -- CHAIRMAN COYLE: Let me ask a question. COMMISSIONER HILLER: I have to answer the question about this open-door meeting. Yes, it's true, I did meet with Ian Page 179 October 23, 2012 because someone had said that he was keeping a file. And I asked the question. I said, Ian, are you keeping one? He said no. I said, I didn't think so, and that was it. And it was really simple, and it was very positive. And that was it. And as far as Evelyn, the reason I removed her as the backup on my computer was it concerned me because she had access to all my emails and could read every single thing. And if, in fact, I've removed my aide because I've considered her being able to read all my emails a problem also. So the bottom line is, you know, having another aide -- another commissioner's aide having full access to viewing your emails is, I think, problematic. And when I realized that was the case, I had her removed, but not otherwise. CHAIRMAN COYLE: Okay. County Manager? COMMISSIONER HILLER: That's it. CHAIRMAN COYLE: Can you -- COMMISSIONER HILLER: There's no issues there. CHAIRMAN COYLE: Can you briefly tell us what is the proper method for requesting public records in Collier County? MR. OCHS: Well, we have a public-records custodian in our Department of Communications and Customer Relations, and those typically -- request for public -- official requests for public information route through that department. That's typically how public-records requests are processed in our agency. COMMISSIONER FIALA: Is there a time limit that you have to return them or -- MR. OCHS: Well, it's dictated by statute, ma'am. It's -- COMMISSIONER HILLER: The time it take to pull it out of your drawer. MR. OCHS: It's the most practical time -- COMMISSIONER HILLER: The time it takes to pull it out of your drawer. Page 180 October 23, 2012 CHAIRMAN COYLE: Commissioner Hiller. MR. OCHS: I don't have the document in front of me, Commissioner. I'd have to pull that. CHAIRMAN COYLE: And does that mean that any government employee has the right to walk into an office and demand the public records? MR. OCHS: Any government employee? CHAIRMAN COYLE: Yeah, any Collier County employee. MR. OCHS: They can request a public record, and we have to produce it in a reasonable period of time, yes, sir. MR. MITCHELL: There's the resolution. CHAIRMAN COYLE: Okay. Thank you. MR. OCHS: Now, you do have a resolution related -- Resolution 2007-327 regarding a policy of uniform charges for production of public records in part. CHAIRMAN COYLE: Let me read something. MR. OCHS: Okay. CHAIRMAN COYLE: This is from Resolution No. 2007-327 -- MR. OCHS: Yeah, that's just where I was headed. CHAIRMAN COYLE: -- paragraph 1, it has to be almost -- well, 5B. It says all requests for -- all requests made by individual members of the Board of County Commissioners for records and documents relating to the performance of their official duties shall be made through the county manager who will assign the appropriate staff to perform the requested task. And that's what our rules require. It does not allow the county attorney or a Board of County Commissioner to walk down to somebody's office and demand that they produce the contents of their files. There is a process, and we do that so we can control it and we know who has that information. And we generally, I would hope, make copies of them rather than give them the original files, but maybe we don't. But in any event, I find the process highly irregular. Page 181 October 23, 2012 But the point is, this item has passed and we're over with it. So let's go on to the next item. COMMISSIONER HILLER: Actually, no. Let's wait a moment. MR. OCHS: The next item -- COMMISSIONER HILLER: Jeff, can you comment on whether CHAIRMAN COYLE: Yeah, go on to the next item. COMMISSIONER HILLER: -- public records for how they relate to the board? Item #14A ANNUAL PERFORMANCE APPRAISAL FOR THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR — MOTION TO APPROVE WITH A 4% INCREASE IN PAY — APPROVED MR. OCHS: We're going to take the -- 14A. CHAIRMAN COYLE: 14A? MR. OCHS: Al, which is the annual performance appraisal for the Airplane Authority Director. CHAIRMAN COYLE: Okay. Very well. COMMISSIONER HILLER: By the way, if I may say, Commissioner Coyle, I believe that you requested the county attorney to give you copies of the records that were given to me. CHAIRMAN COYLE: Yeah, but I didn't go down to his office and pick them up off his desk. COMMISSIONER HILLER: Oh. So that's the difference between the application of the resolution to you and me? CHAIRMAN COYLE: The item number again? MR. OCHS: Yes, sir. 14A1, the annual performance appraisal for the airport authority executive director. CHAIRMAN COYLE: Okay, Chris. Page 182 October 23, 2012 MR. OCHS: Mr. Curry is here. CHAIRMAN COYLE: Are there any questions? (No response.) CHAIRMAN COYLE: Any comments, Chris? MR. CURRY: Chris Curry, executive director of the Collier County Airport Authority. There are no questions, but I'm here to entertain any questions that you may have. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Commissioner Hiller was first. CHAIRMAN COYLE: Okay. Commissioner Hiller? COMMISSIONER HILLER: My light is not on. COMMISSIONER FIALA: Your light is on. COMMISSIONER HILLER: No. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER HILLER: He didn't turn it off from before. COMMISSIONER COLETTA: Yeah. Chris, I think you've done an admirable job. Your evaluations were very high, about as high as you can see in county government. Obviously, the advisory board thinks very highly of you, and the commissioners even, for the most part, came across with a great score. I make a -- I'd like to make a motion that we go ahead and we accept Chris Curry's evaluation, recommend him for a 4 percent pay increase, and 20 weeks of severance as allowed by the state statutes to be added to his contract. COMMISSIONER FIALA: Okay. I will second that motion. You've done a wonderful job, Chris. CHAIRMAN COYLE: Yep. MR. CURRY: Thank you. CHAIRMAN COYLE: There was an article written about this in the newspaper, and it said there were no comments from some of the other commissioners concerning your evaluation, and I'd like to correct that. Page 183 October 23, 2012 MR. CURRY: Yes. There were some comments from you, Commissioner Coyle. CHAIRMAN COYLE: Yeah, and from Commissioner Fiala. COMMISSIONER FIALA: And from me. CHAIRMAN COYLE: But I would like to read my comments into the record just to make sure that it's recognized. Chris Curry continues to be the most qualified and professional airport executive director Collier County has ever had. He has made remarkable progress in improving staff, facilities, and public perception despite efforts by some members of the public and the County Commission who oppose improvements at the Immokalee airport. So with that -- COMMISSIONER FIALA: And I'd like to read mine then, too. CHAIRMAN COYLE: Okay. Go ahead, go ahead. COMMISSIONER FIALA: Yes, on one of them I wrote you've done an excellent job. Then on one, this is operating safe and efficient airports, I had you've done a great job. And then farther on down under the Immokalee airport, winning the FAA grant for the restoration of Runway 9-27, I said, you saved the taxpayers a great deal of money while providing safer airports. So just in case somebody said it wasn't written on there, there it is. And it's right on the agenda. CHAIRMAN COYLE: Okay. Motion by -- MR. MILLER: Mr. Chairman, we have four public speakers on this item. CHAIRMAN COYLE: Okay. MR. MILLER: Your first public speaker is Luis Arredonde. He will be followed by Marvin Courtright. MR. COURTRIGHT: Luis left. He withdrew. MR. MILLER: Okay. Marvin Courtright will be followed by Jim Murray. Page 184 October 23, 2012 MR. COURTRIGHT: Wow. This has been quite an experience sitting here today. I'm assuming that each and every county commissioner and the county manager and the county attorney has received a copy of my request for a Collier County airport executive director audit of his appointment. Am I on firm ground with that? Have all of you received them (sic) and looked at it? CHAIRMAN COYLE: I have. COMMISSIONER HILLER: Yep. MR. COURTRIGHT: Okay. This situation has far more reaching provisions than is really bringing to -- coming to light. He has glowing reports from the advisory board; he has glowing reports from Ms. Fiala, from Mr. Coyle, and Mr. Coletta. What's missing is how he got those points and who he was working for at that time. Give him all of those accolades and credits if you recognize that they came from the Immokalee Redevelopment Plan and the CRA and Mr. Curry's activities within that organization. Because his entire period of time that he has been with the Collier County Airport Authority, he has -- his concentration has been strictly on developing an industrial complex, and he has driven off multiple aviation customers, all under the control of the Immokalee Redevelopment Plan program and the CRA. If you gave him credits for what he did for general aviation or the airport in general, he had 1 s all the way. He was incompetent in regard to the Immokalee airport. Now, why is all this? It goes back because -- I ask myself why. How is he able to do these things impacting all these businesses on the airport, aviation businesses? And no one's complaining; no one's saying anything. And I finally came to these documents, which I gave to you. And Page 5 -- no, Page 6, it is. Let me get to it. I hope I don't run out of time. Page 185 October 23, 2012 In the tally of the appointment of Mr. Curry, which was -- I was here, watched it all going on, this book contains a -- or had a video of what took place and also the minutes. Mr. Curry was not properly awarded and did not earn his appointment as executive director. He was awarded it because Mr. Coletta awarded him five extra points. The score was so close that that five extra points gave Mr. Coletta (sic) a win. COMMISSIONER HILLER: Mr. Curry. MR. COURTRIGHT: I'm sorry, Mr. Curry. Thank you. Gave Mr. Curry the appointment. Now, it's documented and, Mr. Coletta, you have it, as everyone has. The point is, when I -- as a veteran, retired 40 years -- 30 years, pardon me, and I know the value of a DD214. The question is, why did we let him coast in here with an extra five points which he was not entitled to because he had failed to meet the state and the county prerequisites for five extra points? Those five extra points moved him into the winning column. No one questioned it until I went back to human resources, and I went back to the veterans administration in Building H. I don't know why he never produced his 214, but I do know that awarding him those 214 -- those points made him the executive director, and it's not right. CHAIRMAN COYLE: Okay. MR. COURTRIGHT: We either have rules or we don't. CHAIRMAN COYLE: Your time has expired. Do you remember what you said to us on that day? MR. COURTRIGHT: I was proud to see him hired, and I told him so. CHAIRMAN COYLE: Yeah. MR. COURTRIGHT: But -- CHAIRMAN COYLE: So what do you want us to do? Do you want us to go back two years, two-and-a-half years and -- MR. COURTRIGHT: No, sir. Page 186 October 23, 2012 CHAIRMAN COYLE: -- reverse that? MR. COURTRIGHT: No, sir. What I would like you to do is go to the public in Immokalee and to the aviation people and ask them, do an evaluation of his capabilities and what he has accomplished. CHAIRMAN COYLE: You see, there's your problem. There's your problem. I'd like to make sure you understand that the airport authority is responsible for three airports in Collier County. MR. COURTRIGHT: Oh, believe me, sir, I do. CHAIRMAN COYLE: It's not all about Immokalee, okay. It's about Marco and Everglades City, too. And so at least three of us took a look at all of the things that Mr. Curry has done, and I still stand behind my remarks that he is the best airport executive director we've ever had here in Collier County, and I defy you to name one that is better. MR. COURTRIGHT: I don't have to, because you've had eight executive directors under the airport authority, eight. CHAIRMAN COYLE: So? MR. COURTRIGHT: Five of them were appointed -- no, four of them were appointed, and the other ones were interims. None of them, really, lasted long enough to get an evaluation. Theresa Cook, gone. Tammie Nemecek with the EDC. All these people are no longer with us anymore. CHAIRMAN COYLE: She wasn't the airport executive director. MR. COURTRIGHT: No, but she was involved in multiple wastes of money and building dead buildings out there. The Department of Agriculture building is a classic example. This just goes on and on, and we're talking millions of dollars of waste. CHAIRMAN COYLE: We understand. We understand there's nobody you like. So thank you very much. And who's the next speaker? MR. MILLER: Jim Murray is your next speaker, and he will be followed by your final speaker on this item, Frank Halas. Page 187 October 23, 2012 MR. MURAY: Good afternoon, Commissioners. I can't really comment on what Marvin said. Those are things that I don't know about. But I was also here when Mr. Curry was selected. The airport -- Jim Murray, a member of the Airport Authority Advisory Board. The board has given Chris very high marks, all 2s, and 3s. I think it averaged out to about a 2.7. The three airports are responsible, according to the Florida Department of Transportation, for about $13 million in direct and indirect economic impact. And though I know the commissioners know it, talking about the FDOT, many people don't, that the funds that we get for our grants don't come from general funds. They come from user fees and fuel taxes. If we turn down a grant, it's not going to save any money. That money will go to a project with a lower priority. That's true with both the FAA and the FDOT. I know that there have been problems regarding the Immokalee airport. Some tenants would like to see it revert back to it being a good ole boys flying club like it used to be. Under today's security requirements, that is not going to happen. Chris has been doing a very good job of upgrading security there. As a matter of fact, one of the things that are considered dangerous are ag. planes, crop dusters, and we have our 2- or 3-million-dollar planes that sit out there, so we do need the security. And Chris has worked to bring the airport security up to standards and run it as a business. Also regarding Immokalee, the FAA has certain strategic plans in case of natural or other disasters. The Immokalee airport sits inland. It sits on relatively high ground, which is why the National Guard wants to build a readiness center there. The runways are 70 years old. They're almost as old as I am and in just about as bad shape. So the FAA does want them improved to Page 188 October 23, 2012 current standards. The board has worked closely with Chris since he came here. He keeps us appraised of everything that's going on. And for myself, I have total confidence in him. Thank you. CHAIRMAN COYLE: Thank you. MR. MILLER: Commissioner, your final speaker on this item is Frank Halas. MR. HALAS: Good afternoon, Commissioners. This is one of the first times that I've been back here in these chambers since I retired, and I can tell you that I'm enjoying retirement very much. I'm here in regards -- CHAIRMAN COYLE: Probably more after seeing today, right? MR. HALAS: I'm one of the people on the Airport Advisory Board. And I can tell you that I was also on the board at the time that we went through the vetting process for Chris. And I felt at the time that we were going through the vetting process -- excuse me, I've got a frog in my throat here -- that he was the champion of the other people that we interviewed. Since I've been on the airport authority, I found that Chris is very honest. He has a high degree of integrity, he's a high achiever,he also follows FAA and FDOT regulations, he conducts himself in a very professional manner, and the airports are slowly but surely becoming self-efficient (sic). He is -- I also find that he is very focused. He's a very strong leader, and I think that shows up in the way the operation of the three airports are. He's also a visionary, and he understands what needs to be done here to not only improve the airports for general aviation, but also for the commercial aspect. And some day Immokalee airport, I believe, is going to be a great venue here for the state or for the county as far as commercial aviation. I understand that we have had a lot of problems or there seems to Page 189 October 23, 2012 be some problems with the Immokalee airport. But when you look at the other two airports and see how well and how efficient they run, I think it's just a group of people that don't want to conform to what needs to be done to make this a commercial type of airport. And I can tell you that I've read some of the letters of flying schools that now come into Immokalee airport, and those student pilots along with their instructors who fly into Immokalee airport are overwhelmed by what we do or what the staff out there does in regards to addressing the aircraft, making sure that all their needs are made to make sure that if they need a service car to run in town to get something to eat, that there's a car available there so that they can go in there and get something to eat in the town of Immokalee and then proceed back out to the airport while the staff is refueling the aircraft. But it's amazing what's been accomplished out there, not only with the grants that he has obtained but also getting other monies. And we also have the National Guard that is out there for a reason. So thank you very much. CHAIRMAN COYLE: Thank you. Is that the last speaker? MR. MILLER: Yes. For that item, yes. CHAIRMAN COYLE: Okay. MR. KLATZKOW: Can I just get clarification on the motion. I may have misheard it. CHAIRMAN COYLE: Okay. MR. KLATZKOW: I just want to make sure we get this all done properly. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: What's the motion? CHAIRMAN COYLE: The motion was -- go ahead; tell us again. COMMISSIONER COLETTA: Yeah. The motion was to -- I'm sorry. Let me get back to the agenda item -- that we approve the Page 190 October 23, 2012 agenda item and that we grant him a 4 percent pay increase and include in his contract 20 weeks severance as allowed by the state statutes. MR. KLATZKOW: Okay. Could we get to the contract. The contract is the third item. Could we get to -- that last part, Commissioner, could we please do that while we're here? COMMISSIONER COLETTA: In other words, this isn't appropriate for this part? MR. KLATZKOW: I think you're better off using that one when you actually get to his contract. CHAIRMAN COYLE: How about the salary increase? MR. KLATZKOW: Well, that's fine because it talks about the adjustment here. That one's fine. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Okay, fine. Then that's my motion. CHAIRMAN COYLE: Okay. Motion is for 4 percent pay increase. COMMISSIONER HENNING: Question on the motion. CHAIRMAN COYLE: Yes, Commissioner Henning. COMMISSIONER HENNING: Why not 10 percent? COMMISSIONER COLETTA: Because 10 percent was the amount we gave the county manager because of unusual circumstances that he never received a raise at that time. And I think that 4 percent is in line with where we are at this point in time. But I'm willing to listen to any suggestions you've got, Commissioner Henning. COMMISSIONER HENNING: I just thought it was -- well, we're not being consistent anyway, so 0, 10, 4, that's fine. CHAIRMAN COYLE: Twenty. COMMISSIONER HENNING: I'll support the motion. A hundred? Page 191 October 23, 2012 CHAIRMAN COYLE: Okay. Any other questions? (No response.) CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: The motion passes 4-1 with Commissioner Hiller dissenting. That brings us to? Item #14A2 THE BOARD OF COUNTY COMMISSIONERS REVIEWS AND APPROVES THE PROPOSED FY 2012 - 2013 ACTION PLAN FOR CHRIS CURRY, EXECUTIVE DIRECTOR, AIRPORT AUTHORITY — APPROVED MR. OCHS: 14A2 is a recommendation that the Board of County Commissioners reviews their proposed FY2012/2013 action plan for Chris Curry. COMMISSIONER HILLER: Can we have a presentation on the plan? CHAIRMAN COYLE: I've read it. COMMISSIONER HILLER: I think the public should have a right to hear it. I'd like it presented. MR. CURRY: Well, I believe the action plan should be part of the package along with the evaluation, if I'm not incorrect. CHAIRMAN COYLE: It is. Page 192 October 23, 2012 COMMISSIONER FIALA: It's in there. CHAIRMAN COYLE: It's here. Okay. COMMISSIONER HENNING: Question? CHAIRMAN COYLE: Commissioner Henning, go ahead. COMMISSIONER HENNING: Who's going to manage your contract? MR. CURRY: Who's going to manage my contract? COMMISSIONER HENNING: The terms of the contract. MR. CURRY: Well, I would think that the Board of County Commissioners. COMMISSIONER HENNING: Okay. MR. CURRY: Unless you want me to manage my contract. COMMISSIONER HENNING: Well, you have certain duties under the contract. MR. CURRY: That's correct. COMMISSIONER HENNING: Who's supposed to manage those? MR. CURRY: Unless I'm confused, do you want me to manage it? COMMISSIONER HENNING: There's certain terms that you're supposed to do under the contract. Do you want the airport authority to manage it? COMMISSIONER FIALA: Commissioner Henning, that's exactly what I was -- that was what my light was on for was I think we ought to go back to being managed under the airport rather than under us. I do. CHAIRMAN COYLE: Heresy, heresy. MR. CURRY: Was that -- was that your question? CHAIRMAN COYLE: No. MR. CURRY: Okay. COMMISSIONER HENNING: If you -- there's certain terms and conditions and performances that you're supposed to provide in Page 193 October 23, 2012 the contract. Who do you want to manage that? MR. CURRY: I can manage it. COMMISSIONER HENNING: Are you sure? MR. CURRY: If you want to give me that preference, I'll manage it. COMMISSIONER HENNING: Whose preference was it on the existing contract -- MR. CURRY: Well -- COMMISSIONER HENNING: -- to manage it? MR. CURRY: -- it was the county's contract that I agreed to, but I can certainly manage my own contract. COMMISSIONER HENNING: So it was the airport authority who managed the existing contract; that's your understanding? MR. CURRY: The airport authority as the Board of County Commissioners. COMMISSIONER HENNING: Correct. MR. CURRY: Yes. COMMISSIONER HENNING: We're saying the same thing then. MR. CURRY: Well, when you reference airport authority, I'm not sure whether you're talking about the airport authority -- COMMISSIONER HENNING: We are the airport authority. We're the agency. MR. CURRY: Well, you are now, but I came in at the time just when that separation took place. COMMISSIONER HENNING: Do you agree that we're the agency? MR. CURRY: Yes. COMMISSIONER HENNING: Okay. MR. CURRY: Am I -- I feel like I'm missing something. COMMISSIONER HENNING: I think you are, because you're really late on your performance of your contract. You were supposed Page 194 October 23, 2012 to provide the evaluation form to the board by September 1 of every year, your annual performance. You were supposed to provide a contract renewal no later than two years, and that date was -- ended September 30th. MR. CURRY: Well, you are correct; therefore, I assume I need a waiver in order for you to accept the terms and conditions of this new contract. COMMISSIONER HENNING: Well, under your performance, what you're saying is you want the airport authority to tell you what to do under your performance part of the contract. We provide you salary for your services. Under the contract -- you provide certain obligations under the contract; is that true? MR. CURRY: That's correct. COMMISSIONER HENNING: And you want the airport authority to manage that for you? That's what you're telling me. We should have told you by September 1 you didn't provide your performance evaluation to the airport authority, or we should have told you prior to September 1 you need to provide it. We should have told you by September 30th that you should provide us a renewal contract. That's what you're telling us, and that's what you want us to do on this -- on this next item. I thought it would have been a part of your evaluation form, these numbered ones, that you were going to manage the -- your performance under the contract, such as the management of the airport, or airports. That's part of your contract, right? Is that true? MR. CURRY: You have a copy of the contract, so I know you can read the contract just like I can. COMMISSIONER HENNING: Okay. MR. CURRY: Okay. COMMISSIONER HENNING: I guess you answered my question. MR. CURRY: Yeah. It seems like you're going in circles with Page 195 October 23, 2012 me. Why don't you just come out and, you know, let me know exactly what you're saying, because I'm having a hard time figuring out where you're going. COMMISSIONER HENNING: Well, I guess what I need to do is sit down with you with the contract and show you where certain things wasn't performed. MR. CURRY: I wouldn't have any problem with that. In fact, I've tried to meet with you on several occasions, and you just have not been available to meet. COMMISSIONER HENNING: No. MR. CURRY: So any time -- any time that you would like to meet with me, I encourage that. COMMISSIONER HENNING: I will do this in a public forum, sir. MR. CURRY: That's fine. COMMISSIONER HENNING: And as far as meeting with me, that was under specific things under the agenda. Your contract is on the agenda, and I just wanted to find out, under your next year's evaluation -- and you already told me you want the airport authority to manage your part of the deal under the contract. I get that, okay? COMMISSIONER FIALA: Is it my turn? CHAIRMAN COYLE: I honestly don't -- have no idea what you're talking about. You are an employee of the airport authority, which is the Board of County Commissioners, right? MR. CURRY: That is correct. CHAIRMAN COYLE: Is that right? We negotiate your contract. We have a mutual obligation to do things by a certain time. MR. CURRY: Yes. CHAIRMAN COYLE: If we fail to do it on a certain time, we can mutually agree to do it on a different time. MR. CURRY: I believe the board has that discretion. Page 196 October 23, 2012 CHAIRMAN COYLE: Yes. And so if it didn't get done by the end of September, we've got it now. Why can't we act on it? And what is the big problem here? COMMISSIONER HENNING: That's a legal question you need to ask the county attorney. CHAIRMAN COYLE: Well, I don't think it is. It's fairly simple. It's -- the term very clearly addresses the mutual written agreement of the authority and the employee. So if you're late getting the things to us or we're late putting them on an agenda, there's a simple way to solve that problem. We don't have to get antagonistic about it. We just say, okay, let's extend it, or we could say let's terminate it. You know, we can do either one. We do these things by mutual written consent. So I think this is simple. You know that you work for us. We're not managing your contract. We mutually negotiate a contract. And we both have obligations under that process. So we have -- do we have a motion to approve an extension of his contract and -- MR. KLATZKOW: That's not the item. MR. OCHS: Sir, this item's the action plan approval. CHAIRMAN COYLE: Okay, okay. Then are we going to approve the action plan? COMMISSIONER HILLER: I'd like it presented. COMMISSIONER FIALA: Well, I wanted to add something; that's why my button is on. CHAIRMAN COYLE: Okay. Commissioner Fiala, go ahead. COMMISSIONER FIALA: Yes. With regard -- we have a good action plan here, by the way, and it's easy for us to grade you on that. But I wanted to say, I don't know how well this is working out. A couple years ago when we changed this over to -- took away from the airport authority, made them then an advisory committee, and we became the airport authority. They're always at the airport. They're Page 197 October 23, 2012 always in tune with what you're doing. We're just up here. And I just feel that that -- that didn't work out very well, and all of a sudden the airport became a political football instead of a functioning business, which is what we really wanted to see happen. And I really think we ought to go back to the way it had been and have an airport authority, the board members are already there, and we become the ruling body that they report to. And I would like to see -- I can see that you don't like that idea, but I think it's a good idea. COMMISSIONER HILLER: That's not the way it legally works. COMMISSIONER FIALA: Pardon me? COMMISSIONER HILLER: That's not the way that it legally works. COMMISSIONER FIALA: Well -- COMMISSIONER HILLER: They still have to come -- COMMISSIONER FIALA: It worked before. COMMISSIONER HILLER: They still have to come to us for approval for everything. CHAIRMAN COYLE: If you could keep -- if you kept the same people that are on the airport authority now, it will work but only so long as they stay on it. You'll recall that when we first had the problems with the Immokalee airport it was because people were treating it like a good ole boys' flying club out there. It was managed for the benefit of the few out there who wanted unrestricted access and utilization of the airport. And, quite frankly, they discouraged anybody else from getting there. We went through a succession of airport executive directors who did nothing to improve the security or the facilities or to get substantial grants. So when we decided that we would -- I mean, I remember one of those members coming in this room and saying, you people, you County Commissioners, should keep your fingers out of Page 198 October 23, 2012 the airport authority. You have nothing to say about it. And that was the time that I recommended that we eliminate that guy from the airport authority and send him back to retirement in Marco. Now, if we get those kinds of people back on that board, you're going to have the same problem if they have the authority to make decisions. But right now it's a good board. They're progressive, they know what they're doing, and I value their recommendations. And I would like to continue to get their recommendations from them rather than them just going off and doing things. We've had things done out there that are long term in nature that are hurting us because people made decisions to benefit their buddies, and that's -- let's not go on with that, but nevertheless. COMMISSIONER FIALA: Okay. Then I make a motion to -- and I'm going to continue to -- CHAIRMAN COYLE: Yeah, bring it up. COMMISSIONER FIALA: -- think about this and talk with people -- CHAIRMAN COYLE: Yes. COMMISSIONER FIALA: -- because I -- that, to me, isn't the final say. CHAIRMAN COYLE: Yes, that's fine, that's fine. COMMISSIONER FIALA: But I listened, and I have an open door there. CHAIRMAN COYLE: Just -- COMMISSIONER FIALA: Okay, fine. So I ask you to -- I make a motion to approve the proposed action plan for Chris Curry for 2012/2013. CHAIRMAN COYLE: Okay. A motion by Commissioner Fiala to approve his action plan. Seconded by -- COMMISSIONER COLETTA: I'll second it. CHAIRMAN COYLE: Commissioner Coletta. All in favor, please signify by saying aye. Page 199 October 23, 2012 COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: It passes 4-1 with Commissioner Hiller dissenting. And that brings us now to — Item #14A3 THE BOARD OF COUNTY COMMISSIONERS, IN ITS CAPACITY AS GOVERNING BODY OF THE COLLIER COUNTY AIRPORT AUTHORITY, INDICATES ITS INTENT TO EXTEND THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT WITH THOMAS C. CURRY, 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 — MOTION TO APPROVE AND ADDING 20 WEEKS OF SEVERANCE TO THE AGREEMENT; THE COUNTY ATTORNEY WILL BRING BACK THE AMENDED CONTRACT ON THE BOARD'S CONSENT AGENDA — APPROVED MR. OCHS: 14A3 -- CHAIRMAN COYLE: 14A3, okay. MR. OCHS: -- which is the consideration of extension to the airport authority executive director's employment agreement, fixing the end date of the first extension term as September 30, 2012. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Let me have it. CHAIRMAN COYLE: Commissioner Coletta? Page 200 October 23, 2012 COMMISSIONER COLETTA: Well, I make a motion that we approve this and that we add to his contract the 20 weeks severance as allowed by Florida Statutes. CHAIRMAN COYLE: Okay. Is that standard for the contract? MR. KLATZKOW: Yes. It's been standard for your contract employees. Right now, Mr. Curry, I believe your contract calls for three months' severance? MR. CURRY: That's correct. MR. KLATZKOW: So Commissioner Coletta's asking that it be amended for 20 weeks. This is your contract. Do you concur in that? MR. CURRY: I can agree with that. COMMISSIONER FIALA: Yeah, I second. CHAIRMAN COYLE: Okay. Motion to approve the contract for an extension and to allow 20 weeks of severance pay. MR. KLATZKOW: Am I going to bring this back to the board -- because I'm going to have to tweak it -- or can I just make that one change and get it to the chairman for signature? COMMISSIONER HILLER: Bring it back to the board. CHAIRMAN COYLE: That gets pretty risky. MR. KLATZKOW: Yeah, I know. That's why I'm asking, Commissioner. CHAIRMAN COYLE: As long as we have a lawyer who makes sure it's done in accordance with the board's direction. MR. KLATZKOW: Well, I'll tell you what, I'll take it back to the board on consent then. CHAIRMAN COYLE: Okay. MR. MILLER: Mr. Chairman, you do have two registered public speakers here. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: We're going to continue this item. Page 201 October 23, 2012 CHAIRMAN COYLE: No, we're not going to continue it. COMMISSIONER HENNING: We're bringing it back on consent adding that language. MR. KLATZKOW: I've got to amend the contract. What I will do is I will amend the contract and just bring it back on consent; this way you can see the changes. COMMISSIONER HILLER: That's fair. CHAIRMAN COYLE: Okay. And who's the next speaker? MR. MILLER: Your speaker is Luis Arredonde, and I believe he's left, and Marvin Courtright. COMMISSIONER HENNING: Oh, give it a break. MR. COURTRIGHT: This is fun. It truly is. Marvin Courtright, resident of Collier County. For a long time, when I was on the board -- and that was a great deal -- I enjoyed it. I was proud to be on it. It was actually autonomous at that time. We didn't have to be an advisor. We had something to say about what was going on. Anyway, at this last hiring of an executive director, it was the most unusual action that I can ever imagine. I'm no expert on it, but having watched all of it go on, one of the things that I questioned was how did the pay scale for the new hire go from what he agreed to to $130,000 when the -- when the actual proposal that was submitted for people to consider the job was, like, 85,000 -- 85,000 to $90,000. But in talking to human resources and other departments, no one seemed to want to discuss who or how he went from 130- -- from, say, 80,000 to $130,000. We're talking about money. We're talking about now, that airport. And, Mr. Coyle, your primary interest -- and I respect you for it -- is making money, making money for the county. And you look at that Immokalee airport as a cash cow. It's no cash cow, and it never will be, because all the money gets siphoned off to Marco Island for other sources. Page 202 October 23, 2012 And I'll give you an example. I was asked many times, where's the money? Where's the money? I have here a copy of all the grants that have been provided to the Immokalee airport. Where did that money go? There's no evidence of it having been properly applied. So then you take a grant and you say, here's the last one, $736,000 in regard to the east/west runway. Why did you want that money so avidly? Because if you go back and look at the previous grants, whether it be from DOT or FAA or whoever else, once that money is in your hands, no one has ever come back in Immokalee -- we'll stay with Immokalee. I love Immokalee. I like that airport. I like the community, and I'd like to see it grow. But the FAA isn't interested. DOT isn't interested. Nobody comes back and does an oversight as to was the conditions of this grant complied with. That's where your money is, Mr. Coyle. COMMISSIONER HILLER: How much money are we talking -- Marvin, I'm over here. MR. COURTRIGHT: Twenty-nine million. COMMISSIONER HILLER: Twenty-nine million? MR. COURTRIGHT: I think so, something like that. It's in the papers. Millions of dollars, and -- CHAIRMAN COYLE: Since what period of time? MR. COURTRIGHT: In the 10 years -- CHAIRMAN COYLE: Hey, we're all up here. You don't need to listen to the speakers in the back. MR. COURTRIGHT: It sounds like it's coming from back there, so thank you. The entire period of time -- CHAIRMAN COYLE: What period of time? MR. COURTRIGHT: Since the airport authority took over the airport in the '40s, in '48 or '49. CHAIRMAN COYLE: My goodness, we need to go back there and investigate that, Marvin. Page 203 October 23, 2012 MR. COURTRIGHT: No, sir, you don't. CHAIRMAN COYLE: We need to find out who was responsible for that, don't we? MR. COURTRIGHT: No. What you need to do, sir, is start right here, start from now on. If you get grant money, establish an oversight committee or something to make sure that money goes to the project it was assigned to, not into the General Fund and then siphoned off to Marco Island. You're bragging about how great Marco Island is; take a look at Immokalee and how they've been short-changed since day one. Look at the project -- CHAIRMAN COYLE: Are you serious? MR. COURTRIGHT: I'm serious. And I'll be glad to document it for you. CHAIRMAN COYLE: Please do, please do. Your time has expired. MR. COURTRIGHT: Thank you, thank you. CHAIRMAN COYLE: How did you get so much money? MR. CURRY: Well, let me say, when I came from Indiana and I sent my resume in for the position that was nationally advertised for the Collier County Airport Authority, the salary range was open, open for negotiation. My salary at Gary at the time was 152,000 a year. So we entered into a negotiation, and we agreed on the terms of the contract. So I don't know anything about 87,000 or anything like that. I just know that between myself and the county attorney, that -- and Mr. Ochs, we negotiated a contract. So here I am. CHAIRMAN COYLE: Okay. Okay. Nothing nefarious about that at all, right? MR. CURRY: Not as I know of. And, you know, back in 1948, I wasn't even born at that time, so -- CHAIRMAN COYLE: Well, you assume responsibility for all Page 204 October 23, 2012 that money that was wasted back in those days, even though Mr. Courtright was on the board, Airport Authority Board, for a while. COMMISSIONER HENNING: Can we move on? CHAIRMAN COYLE: Yes, we can. All in favor -- did we -- COMMISSIONER FIALA: Does Marco Island actually help support the other airports? COMMISSIONER HILLER: No. MR. CURRY: Indirectly, it does. COMMISSIONER FIALA: How does "indirectly" mean? MR. CURRY: Well, indirectly is that Marco Island is the profitable airport in the system. And there are times, even within the system, all three airports get entitlement money; basically $150,000 a year. And sometimes we move that around. Sometimes we use it more to support Immokalee; sometimes we use it more to support Everglades or Marco. But out of the three airports, Marco Island is the profitable one. And we look at it as a system of airports. Even as much as everyone tries to divide them into three, for us it's a system of airports. So Marco is profitable; the other two are not. COMMISSIONER FIALA: Thank you. COMMISSIONER HILLER: Commissioner Coyle, may I respond to Commissioner Fiala? CHAIRMAN COYLE: If you have to. COMMISSIONER HILLER: I do. In the back of your book under where my evaluation was, I attached the financial summary of the profitability of the airports. So if you go to my evaluation -- CHAIRMAN COYLE: It's break time. COMMISSIONER HILLER: It should be in the backup. Oh, okay. In the other book? CHAIRMAN COYLE: Can you hold out for another 20 minutes? THE COURT REPORTER: (Nods head.) Page 205 October 23, 2012 CHAIRMAN COYLE: Okay. Commissioner Coletta has to leave in 20 minutes. Have we voted on your -- MR. OCHS: No. CHAIRMAN COYLE: Have we voted on this item yet? MR. OCHS: No. MR. CURRY: No. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Speak up, Commissioner Hiller. COMMISSIONER HILLER: Aye. CHAIRMAN COYLE: Okay. This passes 4-1 with Commissioner Hiller dissenting. COMMISSIONER HILLER: Thank you so much. CHAIRMAN COYLE: I know we're not going to get a positive vote out of her. So, nevertheless, we just want to keep the record straight. MR. CURRY: Thank you. CHAIRMAN COYLE: So thank you very much, Chris. Now, where do we go now? We have a lady who's been waiting here all day. Item #11J DENY THE NEGLIGENCE CLAIM OF LIZ PFUNDER, CLAIM #22-02151201177 IN THE AMOUNT OF $46,288.51 — MOTION TO CONTINUE TO THE NOVEMBER 13TH OR DECEMBER 11TH MEETING — APPROVED Page 206 October 23, 2012 MR. OCHS: Yes, Item 11J. This is a recommendation to deny the negligence claim of Ms. Liz Pfunder, Claim No. 2202151201177. CHAIRMAN COYLE: Now, do you think you have problems? After sitting here through today, don't you really feel bad? MS. PFUNDER: I was really looking forward to my three minutes. CHAIRMAN COYLE: Were you? Okay. Go ahead. MS. PFUNDER: I'm a year-round resident here in Collier County since 12 years. I have suffered an enormous amount of expense due to a sewer backup that occurred to my home, which is my primary residence. While I was bringing my four-year-old granddaughter to bed on the second floor of my house, my -- the sewer backed up, and water came through the shower and flooded the first floor. I came back downstairs about 45 minutes to an hour, and there was water two inch high at least. I panicked, and I called Roto Rooter; I thought that's a big company. And they have an emergency team or they come at night and they come fast, so I called them. He was here within 20 minutes and blew through the -- opened the county cleanup and blew it through so that no more water comes into my house. He told me that I have to call the county the next day because it's a county problem, which I did. I called in, and somebody came the next day and asked, in my door, if I'm flowing. And I said, what do you mean? And he said, well, is the water draining? And I said, yes, it's okay, and I said, but I have damage. And he said he's not allowed to come in. Somebody else from risk management will come. Nobody came for two days. So on the 17th, I called again, and I said, why is nobody coming? Page 207 October 23, 2012 And then Mr. Jerry Tharp from risk management came. He was the only person from the county who entered my house and looked at the damage. He wrote down, you know, in a report or whatever, what he saw. And I asked him if somebody else is coming to assess the damage. And he says, well, you will hear from Michael Powers from the insurance. And when he called, he said, oh, no, nobody has to come. That's fine. So nobody really looked at the damage to my house. And in that -- in that summary I got, there are so many discrepancies, and they're just not true. I sent you all an email with my remarks in it and, you know, just for you to better understand my problem. I -- I paid $42,000 so far, and I have to pay back my friends. And my 401(K) is gone, too. I really ask you to approve my claim. CHAIRMAN COYLE: Okay. Thank you. Do we have -- we have public speakers? MR. MILLER: She was your only public speaker. She was the public speaker. CHAIRMAN COYLE: Okay. What can you tell us about this? MR. WALKER: Mr. Chairman, Commissioners, for the record, Jeff Walker, risk management director. I've included an extensive executive summary within your packet, and there's probably 40 attachments to that. You know, we are sympathetic to Ms. Pfunder; there's no question about it. The problem that we have in this case is that we cannot verify negligence simply because we were not called in a timely manner to come to the site. By the time our people got there, it was clear and flowing. Unfortunately, the Roto Rooter technician, when he came to the site, entered our site without calling us, which is what he should have done. We would have come to the site; we would have verified the Page 208 October 23, 2012 blockage. We would have fixed whatever needed to be repaired. Unfortunately, he didn't go in through her cleanout. He went in through our cleanout. We don't know if there was a blockage on her side. The other issue we have is that he put a 3,200 PSI jet into our line, and he says he blew out a blockage, but he puts the camera in after the fact. There's no photographic evidence of a blockage; therefore, we cannot confirm that a blockage existed on our side of the line. It's unfortunate. The resolution that I work under says that liability must be established in order for me to authorize payment. The situation was investigated by our claims adjustor. Our folks, who came out on the 15th, put a -- looked at the pipe, and it was clean. MS. PFUNDER: On the 17th. MR. WALKER: I'll get there. They sent a camera truck out on the 17th, so we have a video of it. They put that camera into that pipe, and they did not substantiate what the Roto Rooter technician said. What they found was a slight dip in the pipe, but their report to us was that the pipe was clear and flowing and not in need of repair. So the evidence that the Roto Rooter technician provided is counter to what our technicians are saying. We've never had any complaints about that pipe, so we've got no actual notice. In other words, nobody ever reported anything to us to fix and, therefore, negligence can't be established. And under the resolution that I work under, I could not authorize at the recommendation of our adjustor, and now at the recommendation of the county attorney, payment of the claim. We're very sympathetic to Ms. Pfunder. The truth of the matter is, if the board chooses to deny the claim today, what I would recommend to Ms. Pfunder is that she go back to her carrier, take a videotape of this meeting -- because what they have done is limited Page 209 October 23, 2012 her to a $5,000 recovery under her homeowners' policy, and they've done it under a third-party negligence endorsement. And what she -- what I would recommend she does is she takes this back to her carrier, use her counsel, get a public adjustor, and talk to her carrier about -- again, about reimbursing her for her cost. MS. PFUNDER: My carrier does not pay any claim on sewer backup, any, and it had nothing to do with the plumber or with Roto Rooter. MR. WALKER: Okay. Well, what ended up happening was that we could not verify negligence in this case. The other problem we have is -- there are two issues here. One is liability and one is damages. If you don't find liability, then you don't find damages. If you do find liability, then damages become an issue. The problem we have, we received a call on the 17th, two days later. Mr. Tharp came out, as she said, on that day. No damage was reported to us prior to that; just so we're clear. We heard about it on the 17th; we were there on the 17th. MS. PFUNDER: That's not true. MR. WALKER: Ma'am, I'm just saying what we received in our office. COMMISSIONER HILLER: Do you have a record of the call? MS. PFUNDER: I called in the morning. That person from the county came to my door, and I told him, please come in and look at the damage. And he said, that's not my call. I have to report it back to risk management, and then they come, and somebody from risk management come. Two days later, nobody was here from risk management. COMMISSIONER HILLER: What time did this happen at night? MS. PFUNDER: About nine o'clock. COMMISSIONER HILLER: At night? MS. PFUNDER: Yeah. I'm not sure. I was upstairs between Page 210 October 23, 2012 eight and nine. MR. WALKER: The wastewater department received a call at 10:15 morning of the 15th. MS. PFUNDER: Yeah. MR. WALKER: They came out that morning. They came out, checked, and found it was clear and flowing. Talked to Ms. -- COMMISSIONER HILLER: Should they have left it blocked and let it flow all through the night? MR. WALKER: They weren't there. They were there the following morning. This happened on the evening of the 14th. COMMISSIONER HILLER: Right, and that's what I'm asking. Did you want her to let it flow all night to prove her point? MR. WALKER: I'm just telling you what the facts are, Commissioner. COMMISSIONER HILLER: I'm just asking. MR. WALKER: It's not a matter of what I want. It's a matter of what -- when it was reported to us. COMMISSIONER HILLER: She called the next morning. It happened at 9 p.m. MR. WALKER: They came out the next morning. COMMISSIONER HILLER: And they came out the next morning. Two minutes ago you said they didn't show up till two days later. MR. WALKER: No, no, no. Let me the -- let me get the order straight here. She called at 10:50 in the morning on the 15th. This happened at about nine o'clock at night on the 14th. She had a plumber out that night; she had Dry Zone out that night. We got -- Wastewater got the call on the morning of the 15th. They were there. They went to her house. COMMISSIONER HILLER: It seems to be all very reasonable. MR. WALKER: Okay. They found it flowing. Page 211 October 23, 2012 The report that came back to our office was that no damage was reported to the staff when they came there. Just telling you what was reported to us. COMMISSIONER HILLER: That's because staff didn't report it. MS. PFUNDER: Yeah. MR. WALKER: Well, what ended up happening was, we received a call on the 17th saying there was damage in our office. Mr. Tharp went there that -- he was there within 45 minutes of the call. MS. PFUNDER: Yeah. After I said there's nobody coming. MR. WALKER: When he got there -- COMMISSIONER HILLER: Are you -- MR. WALKER: -- the walls were ripped out, the baseboards were gone, the carpets were ripped out, the vanities were ripped out; therefore, by the time we get the call in our office, there was no opportunity to witness the damage. COMMISSIONER FIALA: So you're saying, first of all, on the 15th one of our other departments went there? MR. WALKER: Wastewater collections. COMMISSIONER FIALA: And you're saying on the 17th your department went there? MR. WALKER: Yes. COMMISSIONER FIALA: I think there's a little confusion here with who went when, okay. MR. WALKER: And the problem is, we never saw the damage. The damage had been removed by the time our staff got there. The only evidence we have of damage is the Dry Zone bill that came to us for $46,000 that has some pictures in it. And we -- so we didn't have an opportunity to get an appraiser there, an estimator. Anybody who could -- who could verify that damage separate and apart from Dry -- MS. PFUNDER: Can I say something? COMMISSIONER HENNING: Wait a minute. I'm getting Page 212 October 23, 2012 really confused here. We've got too many people talking. I'll take a break on this item unless we can hear one person talking. Okay? MS. PFUNDER: Sorry. MR. WALKER: Therefore -- then in March we received two letters from her attorney, one a demand for $8,600, $8,800 for the restoration of the initial response. Then we got a second one for $46,000 for the work done inside her house. That was the part that was ripped out that we witnessed when we got in there. We also received on June 4th a copy of a videotape that was produced two months after this date, April 17th by -- I assume it was Roto Rooter, but it was not the same technician who showed up on the day of -- the night of the event. That was sent to our adjustor that -- that tape was sent to the wastewater collections staff. They reviewed that tape. They reported back to us that they did not find fault in the pipe based upon that videotape. So we've got two videotapes of the pipe. And the opinion of the wastewater staff is that neither of those videos show evidence of a fault in the pipe. CHAIRMAN COYLE: Okay. There's almost $50,000 worth of damage here. There's a bill for repairs. MR. WALKER: It's $55,148.53. CHAIRMAN COYLE: That's a lot of money. MR. WALKER: Yes. CHAIRMAN COYLE: That's a lot of repairs, a lot of damage. What I don't understand is if anybody went inside the house they should have seen some evidence of damage or water somewhere. So you're telling me that for, what, two or three days after this was reported nobody was in the house, none of -- no county representative was inside the house to look at damage? MR. WALKER: Correct. We did not get the call till the afternoon of the 17th, and our representative -- Page 213 October 23, 2012 CHAIRMAN COYLE: I thought it was 10:29 on the 17th. MS. PFUNDER: Yes. MR. WALKER: No, the first call came to wastewater collections at 10:50 in the morning on the 15th. They were there that morning. What their report is to us is when they met with Ms. Pfunder, she did not report damage, she did not say anything about wanting to file a claim. That's what was reported to us. Now, this is afterwards, understand. We got a call on the 17th. That's when we learned about it. We had a representative out there in 45 minutes. When they got there, the walls were ripped out; the carpet was gone; the vanities were ripped out; the damage was removed; therefore, we could not independently view the damage; we couldn't appraise the damage. We would have had Johns Eastern down here to do an estimate. We would have had a separate estimate. We didn't have that opportunity. CHAIRMAN COYLE: Okay. Ms. Pfunder. MS. PFUNDER: Yes, sir, please. CHAIRMAN COYLE: In looking through the detail of these things, there are replacements for granite or marble countertops. MS. PFUNDER: No. CHAIRMAN COYLE: Well, that's what it says. MS. PFUNDER: That's not. I bought it at the flea market in Fort Myers -- CHAIRMAN COYLE: Well, wait a minute. MS. PFUNDER: -- myself. CHAIRMAN COYLE: This is a -- MS. PFUNDER: I know. CHAIRMAN COYLE: -- an invoice from Dry Zone repairs. MS. PFUNDER: I know, I know. I cut back on a lot of things to make it cheaper. I paid 42,000, and I'm asking only for the money I spent. CHAIRMAN COYLE: Okay. Well, please understand, we're Page 214 October 23, 2012 looking at this as a vendor's bill to you for replacement, and it's saying repair and replace a countertop, granite or marble, $692; a backsplash, 146; add an undermount sink, single basin, $265; a sink faucet, bathroom, for $353. There are two of those. It's hard to understand how a sink and sink faucets and granite or marble countertops can be damaged with water. MS. PFUNDER: No. CHAIRMAN COYLE: No what? MS. PFUNDER: The countertops -- you know, the whole cabinets and everything was damaged. CHAIRMAN COYLE: I don't understand that. MS. PFUNDER: I didn't have countertops before, marble countertops. CHAIRMAN COYLE: But you had marble or granite countertops installed. MS. PFUNDER: No. CHAIRMAN COYLE: Well, wait a minute, now. That's what you have given us. You've told us this is what you did. MS. PFUNDER: This was the estimate from Dry Zone. I was sitting down with Dry Zone and cut back on the amount, because I had to pay in advance. I said, I can't do marble. I can't -- I can't have a faucet for $300. I bought those stuff online for less money, and I came up with $42,000 because I cut back on many things. CHAIRMAN COYLE: I understand, but we can't make a decision based upon an estimate. You must have receipts for these things. MS. PFUNDER: I -- well, that's what Dry Zone has. But I did not buy the granite countertops. I bought -- CHAIRMAN COYLE: This is Dry Zone. MS. PFUNDER: -- I bought vanities at the flea market in Fort Myers, faucet included. CHAIRMAN COYLE: We're not communicating here, okay? Page 215 October 23, 2012 MS. PFUNDER: I know. CHAIRMAN COYLE: When I pay for something, I get a receipt for it, okay. MS. PFUNDER: Yes. CHAIRMAN COYLE: I don't -- MS. PFUNDER: I can get you the bills I paid. CHAIRMAN COYLE: Well, that's what we asked for. But we've got pages and pages and pages of stuff from Dry Zone that you now tell us are not really what you spent. MS. PFUNDER: Not all of it. CHAIRMAN COYLE: They are estimates that they proposed. You rejected some of those estimates. MS. PFUNDER: Yes. CHAIRMAN COYLE: And, you see, we can't make a decision on that basis. MS. PFUNDER: I only asked for the amount I have paid. CHAIRMAN COYLE: Well, give us proof that you paid it. MS. PFUNDER: Yes, I can give you proof. CHAIRMAN COYLE: Okay. MR. WALKER: Mr. Chairman? CHAIRMAN COYLE: Yes. MR. WALKER: I don't mean to interrupt. There is one other issue that we need to talk about on damages. When we got the Dry Zone pictures, one of the things that we noticed in one of the Dry Zone pictures was that there was one picture that showed a significant amount of mold in a closet running up about three feet. MS. PFUNDER: Yes. MR. WALKER: This -- we checked the property. It's on the picture. It was taken at 12:58 in the morning of the 15th. So this was taken within about three hours of the flood. There's no way that mold came that fast. Page 216 October 23, 2012 MS. PFUNDER: No. MR. WALKER: We believe there's a preexisting mold problem in the house. I'm not accusing anybody of anything. I'm just saying, that's the picture. Even if you find liability, you shouldn't pay for that. MS. PFUNDER: No. MR. WALKER: And that's in that bill. CHAIRMAN COYLE: You say no, Mrs. Pfunder. What does that mean? MS. PFUNDER: That mold behind the drywall, when I opened the drywall in the bottom where it was wet, they saw that it was moldy in the back, and they opened a little bit further up, and they saw it came from a pipe that goes to the outdoor faucet. It was punctured with a nail. That nail was in place probably for 20 years, and it rusted now, and it got a little bit wet. This is not something that is included there, that piece of drywall. Those -- this much drywall extra. COMMISSIONER HENNING: Is that upstairs? MS. PFUNDER: No, it's downstairs. COMMISSIONER HILLER: Can I ask a question? CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: Yeah. You know, you guys have had, what, two weeks to sit down and talk about this? This was brought up at -- two weeks ago at the last meeting, right, under presentation, or when was this -- MR. WALKER: It was a public petition. MR. OCHS: Public petition. COMMISSIONER HILLER: Right. And as part of the public petition we said that you ought to bring in the receipts and you should sit down and -- MR. WALKER: No, ma'am. COMMISSIONER HILLER: No, no discussion? MR. WALKER: No. And that was not the direction of the Page 217 October 23, 2012 board. (Commissioner Coletta is leaving the boardroom for the remainder of the meeting.) COMMISSIONER HILLER: So what was the direction of the board? MR. WALKER: The direction of the board was to bring this back as a regular agenda item. COMMISSIONER HILLER: Okay. So you've never spoken? MR. WALKER: Not beyond that, ma'am, no. COMMISSIONER HILLER: So you had no idea that what was in here was estimates or actual bills? MR. WALKER: Yes, we knew that. COMMISSIONER HILLER: You knew they were just estimates? MR. WALKER: Well, we knew that those were the bills that Dry Zone presented, and those were the bills -- COMMISSIONER HILLER: Those are -- MR. WALKER: Those were the bills that her attorney presented to us and -- COMMISSIONER HILLER: Those are bills? MR. WALKER: Well, that's what he presented to us and demanded payment under threat of lawsuit. COMMISSIONER HILLER: The total? MR. WALKER: That total. COMMISSIONER HILLER: The total of the 55-? MR. WALKER: Including this. COMMISSIONER HILLER: The 55- included? MR. WALKER: Including. So, I mean, you know, there are really two issues here. The first issue is liability. COMMISSIONER HILLER: Well, the first issue really is, in my mind, when wastewater went out there and wastewater was told that Roto Rooter was there and was making a claim that there was a Page 218 October 23, 2012 problem with the system. What I don't understand, why wastewater didn't contact you and tell you right away and why you didn't go out to ensure for yourself that there was no liability, why she had to call you. I mean, I would think that you would have some, you know, measure in place to go out to ascertain that we don't have liability. MR. WALKER: What I would say other than that is that the reports that we got back from wastewater collections was when they met with her -- COMMISSIONER HILLER: So you think Roto Rooter is lying? MR. WALKER: No, ma'am. I'm not accusing anybody of lying. COMMISSIONER HILLER: Well, you must be because you're saying -- MR. WALKER: No, ma'am. COMMISSIONER HILLER: -- that what they're saying isn't true. MR. WALKER: I don't accuse people of lying. COMMISSIONER HILLER: Okay. MR. WALKER: What I'm saying is that I have to deal with the facts. I have to deal with the objective facts in the case. The objective facts are, from Roto Rooter's own words, they blew out the blockage, then they put a camera in. They don't know where that blockage was. COMMISSIONER HILLER: Is that what they told you? MR. WALKER: They say it on her video. COMMISSIONER HILLER: What did they say? MS. PFUNDER: They said there was an inward dent in the pipe. And the county people who put the camera in, they said, yes, I see what you mean, because I was standing right next to the truck when they put the camera in on the 17th. COMMISSIONER HILLER: What's an inward dent? MR. WALKER: Well, when pipes go through the ground, they're not perfect. They don't remain perfectly straight. Again, I'm Page 219 October 23, 2012 not a wastewater expert on this; this is as I understand it. So as they settle, they can -- they can have slight bends in them. However, the camera footage that goes 40 feet into this pipe, there's one area that has a slight dip to it. And in the opinion of the wastewater collections folks, that does not constitute a serviceable repair; in other words, they didn't need to repair that pipe; that it was still serviceable. That's what they said. And then when they reviewed her video, they said the same thing about her video. So that's -- that was the basis upon which -- the Roto Rooter technician is saying there's a dip, a dent, a hump, and that must have caused the blockage. He never saw it. He never saw the blockage, and that's the problem. There's no photographic evidence of it. There's no evidence whatsoever that he can point to which identifies that there was a blockage in a dent or a hump or whatever. COMMISSIONER HILLER: But there is the hump there, right? MR. WALKER: Not -- there is a slight dip, but it is not significant enough, in the opinion of the wastewater collections folks, to need repair. They say that pipe -- and we've never had any previous problems with that pipe. CHAIRMAN COYLE: Okay. Ms. Pfunder -- excuse me for just a minute. Let me ask this question. If we approve payment for this, it's going to come out of other taxpayers' pockets. MS. PFUNDER: Yes. CHAIRMAN COYLE: Okay. MS. PFUNDER: I pay taxes, too. CHAIRMAN COYLE: Okay. We all pay taxes. And so we have a responsibility to make sure that we don't inappropriately spend taxpayer money. MS. PFUNDER: I understand. CHAIRMAN COYLE: So you need to help us help you. You can't give us an estimate from Dry Zone repairs that isn't accurate. We Page 220 October 23, 2012 must have an accurate list of expenditures and proof of your payment MS. PFUNDER: Yes. CHAIRMAN COYLE: -- for everything that was done here. And I'm sure, in your view of the large cost that you've incurred, that you must have kept records of payment. But what we have here is not adequate for us to justify spending other taxpayers' money to reimburse you for them. We need receipts and proof of payment. MS. PFUNDER: I can do that for 42,200 or whatever. CHAIRMAN COYLE: Well, if you will give that to staff and, if necessary, we'll continue this discussion until later, and we'll have a chance to review it. But I think Commissioner Fiala was first. COMMISSIONER FIALA: Yes, I was. Is this -- was this damage on the first floor or second floor? MS. PFUNDER: First floor. COMMISSIONER FIALA: First floor. I'm just curious, when you bring this back, it shows replacing ceilings for $6,000. MS. PFUNDER: What? COMMISSIONER FIALA: Well, that's what it says. Walls and ceiling, $6,000. MS. PFUNDER: That was the painting. COMMISSIONER FIALA: It talks about -- for $6,000? MS. PFUNDER: I don't know. It's the whole first floor that had to be painted. COMMISSIONER FIALA: All I can tell you is what is says here. It also is talking about replacing the tile shower, but that wouldn't be -- I'm not quite sure about that. And then cement board, I don't know -- you know, there's so many things that -- if it was downstairs, there were a number of ceilings that were mentioned on here somewhere over here. Walls and ceiling, walls and ceiling. Page 221 October 23, 2012 MS. PFUNDER: That was the painting at the end. COMMISSIONER FIALA: Boy, they sure charged $6,000 to paint a ceiling. That was amazing. MS. PFUNDER: I sat down with Dry Zone, I think, a hundred times and cut back on stuff and made it less expensive. COMMISSIONER FIALA: Well, then what we need is your total, not what their estimates are. This is what Commissioner Coyle is trying to say. MS. PFUNDER: From the beginning, I said I paid 42,000. COMMISSIONER FIALA: Yeah, but this is only 46,000. MS. PFUNDER: Yes, that's 46-. CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: I have two things that I'd like to see. Well -- actually, one thing I'd like to see and a concern that I want to raise. What I would like to see is some sort of a report from Rotor, or whichever company you used, that they have prepared that summarizes for us what they did, when they did it, how they did it, so forth. I want -- you know, I want a piece of document prepared by them, not from you, that you would have to -- MS. PFUNDER: This is not enough, what he wrote in the report? MR. WALKER: There's a document in your backup. COMMISSIONER HILLER: Yeah, let me see it. I didn't see it. The second thing that I'm concerned about, when I hear about all these, you know, excessive costs, you know, there is a problem with sometimes -- and I don't know if this is true in this case -- where contractors gouge individuals because they're in trouble. I mean, we have that all the time, like during hurricanes where sometimes the contractors come in and they just jack the prices up and make things far more expensive than they actually ought to. Now, I don't know if this is happening here, and I don't know, Page 222 October 23, 2012 you know, whether what you were charged is fair in terms of what you got, and I don't know what the laws are with respect to protecting you as a consumer from being gouged, but I think that somehow there should be some sort of review of whether or not the pricing that, you know, you were faced with was reasonable. And no, you know, the law doesn't protect you against making a bad decision, but there's also the issue of you being, obviously, in crisis. And if you have sewage backing up throughout your entire house, I mean, that is a very different situation than, you know -- you're really dependent on that contractor to pull all these things out and replace them. So I'm not quite sure, because I don't know the law on this. But I think it's worthy of looking into, because the numbers that Commissioner Fiala and Commissioner Coyle are pulling out don't make a whole lot of sense. Where is the -- I didn't see that. And I want -- what I want is from Roto Rooter. Yeah, I didn't see that. COMMISSIONER FIALA: Can I ask, while Commissioner Hiller is studying that -- it mentions somewhere in the backup material here that you've had problems with that toilet before, and it's stuck? MS. PFUNDER: Yes. The handle, sometimes it -- you know, it kind of got stuck. But when I flush the toilet, I always wait until the flushing stops and see if the handle is stuck. I never leave the bathroom. COMMISSIONER FIALA: Your granddaughter didn't realize that, right? MS. PFUNDER: She didn't, and -- CHAIRMAN COYLE: We have the same problem with the toilet here, too. MS. PFUNDER: Yes. And, you know, it was just running. It was -- MR. WALKER: Commissioner Fiala, that's an important point -- Page 223 October 23, 2012 COMMISSIONER FIALA: Yes, it is. MR. WALKER: -- because had that toilet not stuck, we might be talking about a small spill as opposed to a large spill. That's comparative negligence; in other words, the claimant has a duty to maintain their property and, therefore, they contribute to the damages by the flood. That's something that needs to be taken into account as well. CHAIRMAN COYLE: Commissioners, we clearly don't have the information to make a final decision on this. Could we continue this -- COMMISSIONER HILLER: Yeah. CHAIRMAN COYLE: -- until Ms. Pfunder presents us with the actual costs of repair and proof of actual costs of repair, and then we'll be in a better position to make an informed decision? MR. WALKER: Can I make a suggestion? CHAIRMAN COYLE: Okay. MR. WALKER: Let us get with Ms. Pfunder separately, work through all of these billings. COMMISSIONER HILLER: I think you need to. MR. WALKER: And we'd be happy to do that. COMMISSIONER HILLER: And if I may? CHAIRMAN COYLE: Well, wait a minute. Let him finish, Commissioner Hiller. MR. WALKER: And -- because there's a lot of detailed information in this that needs to be worked through. As you gathered, there are granite, marble -- there are a lot of items that seem to be upgrades in this bill. We never had the opportunity to look at the damage, so we're going to be making guesses about what things should cost. The first issue I need to have is a liability. COMMISSIONER HILLER: Right. MR. WALKER: That's -- the first and foremost issue that has to Page 224 October 23, 2012 be established is liability. And if there -- if you don't accept liability, the damages are moot. COMMISSIONER FIALA: Did she replace that toilet? COMMISSIONER HILLER: Well, here -- may I say something? I mean, I think you've got a third party that's asserting that you're liable. I mean -- and I think this really should be expounded on by Rooter. But they have stated here that they ran the camera, and it showed a large -- I can't read that -- hump or inward dent in 6-inch pipe that must have caused the breakup. COMMISSIONER HENNING: It said that. COMMISSIONER HILLER: Then there's something else I can't read. But -- yeah. MR. WALKER: The problem is, we have video footage of that same pipe on the 17th, and in the opinion of staff, that large hump or dent -- COMMISSIONER HILLER: You've got a dispute of facts. So, you know -- MR. WALKER: Absolutely. COMMISSIONER HILLER: -- bring in Roto Rooter and ask them to, you know, testify as to what they saw, and your staff can refute it. But, I mean, you've got a guy who signed off that that's what he -- that's what he saw. MS. PFUNDER: Yep. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: So, I mean, you've got someone independent of her who is supposed to be an expert, you know, Rooter Plumbing and Drain Service, that is basically -- and the other thing they say is that this problem appears to be off property in a 6-inch pipe. So I don't know why Rooter would have any interest in misrepresenting, and it would be actually very bad if they did. So in terms of the fact that you don't have a photograph and you Page 225 October 23, 2012 weren't there when it happened, that's really irrelevant because, like I said, you've got an expert over here that says they saw it. MR. WALKER: The only thing I would caution the board -- COMMISSIONER HENNING: Wait a minute, wait a minute, wait a minute. They didn't say they seen it. They said they must have caused it because of the dent. COMMISSIONER HILLER: No, they ran a camera. CHAIRMAN COYLE: That's right. COMMISSIONER HENNING: Right. They ran a camera down there and found the dent or curvature in the pipe, and they said it must have caused the blockage. That's a big difference between "this is where the blockage is." They're saying it must have caused the blockage. COMMISSIONER HILLER: Well, let them come and testify. Let them -- COMMISSIONER HENNING: They did. MR. OCHS: Commissioners -- COMMISSIONER HENNING: Well, let's have a workshop on this. CHAIRMAN COYLE: Yeah, that's right. COMMISSIONER HENNING: Let's take a road trip to look at the marble countertops and the cabinets. MS. PFUNDER: You're welcome. COMMISSIONER HILLER: Let me just say this. We're talking about a poor woman who is -- you know, who is losing her retirement savings. And if we're not liable, we're not liable; I understand that. But we owe her the respect of doing a fair job to make sure that we're not liable. And if we are, we need to make her whole, because this is a woman who's crying up at the stand there. COMMISSIONER HENNING: Yes, I realize that, and I'm going to start crying if I keep on hearing this issue that you have no evidence of -- Page 226 October 23, 2012 COMMISSIONER HILLER: Well, that's why we're asking -- COMMISSIONER HENNING: -- damage. You have no concrete -- COMMISSIONER HILLER: We're asking them to bring it in. COMMISSIONER HENNING: -- evidence of items that are requested for payment. COMMISSIONER HILLER: Which is why we're asking for them to bring it in. CHAIRMAN COYLE: Commissioner Hiller, wait. COMMISSIONER HENNING: Okay. So we're discussing an item you don't have enough information on. COMMISSIONER HILLER: Correct. COMMISSIONER HENNING: And we're making assumptions that there must have been a blockage; it's not a factual statement. COMMISSIONER HILLER: Well, we don't know that. I mean, we have a report here. CHAIRMAN COYLE: That's the point; we don't know it. COMMISSIONER HILLER: That's what we're waiting for. CHAIRMAN COYLE: That's why we want to bring it back and get the answers. COMMISSIONER HILLER: Exactly. CHAIRMAN COYLE: Okay. So you're going to get with Ms. Pfunder and work through what? COMMISSIONER HILLER: Correct. CHAIRMAN COYLE: The actual costs? Receipts? MR. WALKER: We can certainly work through receipts. That's not a problem. CHAIRMAN COYLE: Okay. Work through receipts. MR. WALKER: But there's the issue of liability. CHAIRMAN COYLE: I understand that, okay. MR. OCHS: Still to be determined. CHAIRMAN COYLE: We don't even have enough information Page 227 October 23, 2012 to determine what was done here, okay. We need to find out. MR. WALKER: The only other issue I'd like to determine is whether she's represented by counsel. MR. OCHS: That's what I was going to say. If we meet with her and she claims she's still represented by counsel -- CHAIRMAN COYLE: All right. You write to the -- COMMISSIONER HILLER: You have -- THE COURT REPORTER: I can only get one at a time. I'm sorry. I didn't hear what you said. CHAIRMAN COYLE: Yes. I've got the floor right now, so only transcribe what I'm saying. You write to the attorneys and ask them if they're representing Ms. Pfunder. It's simple, okay. They're going to say yes or no. COMMISSIONER HILLER: That's correct. MS. PFUNDER: Yes. MR. WALKER: We have an email from Ms. Pfunder on October 9th. I have contacted a local attorney to help guide me through the potential courses of alternatives to litigation. At this time I have instructed her not to initiate or engage in any form of litigation but instead to wait and see if the county is willing to take responsibility for its utility services or until it becomes apparent that the county will not pursue out-of-court resolution. This is -- what that says to me is, I have an attorney. COMMISSIONER HILLER: When did that come in? MR. WALKER: October 9th. CHAIRMAN COYLE: That's two-and-a-half weeks ago. MR. WALKER: Right. COMMISSIONER HILLER: Were you talking to -- CHAIRMAN COYLE: So write the attorney a letter and say, "Are you representing Ms. Pfunder on this issue?" COMMISSIONER HENNING: You already have the answer. MS. PFUNDER: I stated it in my email that I asked a lawyer Page 228 October 23, 2012 what to do out of court, just -- I don't know what to do anymore. CHAIRMAN COYLE: I don't know either. MS. PFUNDER: I asked a lawyer. She lives in my community. I asked her, what can I do? She told me, go to the -- to that meeting here. I made a petition to speak on September 9th. I told her not to do anything, because I just want to have the options what I can do to do that outside of court. I can't -- I cannot afford court, believe me. CHAIRMAN COYLE: Well, we're trying to avoid that, but -- MR. OCHS: Sir, that's fine. We'll write the attorney. CHAIRMAN COYLE: Is it too much of a burden just to a write a letter to a lawyer and say, are you representing this lady -- MR. OCHS: No. CHAIRMAN COYLE: -- in the lawsuit? MR. OCHS: That's fine. CHAIRMAN COYLE: Okay. And receive the receipts and see what proof there is that this much money was spent. You know, that's not a big deal. MR. WALKER: No, sir. We will do that. CHAIRMAN COYLE: Okay. So let's just do it, and then we'll try to reach the bottom of this, okay? COMMISSIONER HILLER: And I'd like a statement from Rooter. CHAIRMAN COYLE: Okay. So what we're going to do is we're going to continue this -- MR. OCHS: Till -- CHAIRMAN COYLE: Is Commissioner Henning here? COMMISSIONER HENNING: Yes. CHAIRMAN COYLE: Okay. We've still got a quorum. That's all right. You can stay there, as long as you're in the room. We're going to continue this till what time? When do you think we could reasonably work through this? MR. OCHS: Go ahead, Jeff. Page 229 October 23, 2012 MR. WALKER: We will try to make the November meeting, but I can't guarantee that. We certainly can make the December meeting. CHAIRMAN COYLE: All right. Try to do it as quickly as possible. MR. WALKER: Yes, sir. CHAIRMAN COYLE: Okay. Just keep us informed. And then, County Manager, schedule it whenever you can. MR. OCHS: Yes, sir. CHAIRMAN COYLE: Try to do it quickly. MR. OCHS: Yes, sir. CHAIRMAN COYLE: Okay. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: (Absent.) CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Okay. It passes 3-0 -- MS. PFUNDER: Thank you. CHAIRMAN COYLE: -- with the other commissioners being absent. We're going to take a break for 10 minutes. We'll be back here at 5:29. (A brief recess was had.) MR. SHEFFIELD: You have a live mike. CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission meeting is back in session. We are now going to Item 11I. Item #11I HEAR TESTIMONY FROM AMERICAN MEDICAL TRANSPORT AND THE PUBLIC TO DETERMINE THE NEED Page 230 October 23, 2012 FOR AN ADDITIONAL CLASS 2 POST-HOSPITAL INTER- FACILITY TRANSPORT AMBULANCE TRANSFER SERVICE IN COLLIER COUNTY — MOTION TO DENY — APPROVED MR. OCHS: 11I, yes, sir. This item requires ex parte disclosure be provided by commission members. All participants are required to be sworn in. It's a recommendation to hear testimony from American Medical Transport and the public to determine the need for an additional Class 2 post hospital interfacility transport ambulance transfer service in Collier County. COMMISSIONER HILLER: Motion to approve. Wait, motion not to approve. COMMISSIONER HENNING: Motion to deny. CHAIRMAN COYLE: Okay. Motion not to approve. That sounds better. COMMISSIONER HILLER: I said motion to approve. CHAIRMAN COYLE: But first let's swear everybody in. Would everyone who is going to give testimony in this petition please stand to be sworn in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN COYLE: Okay. Now for ex parte disclosure by commissioners. We'll start with Commissioner Henning. COMMISSIONER HENNING: Yes. Is this the one that Burt Saunders was working with? MR. SUMMERS: No, sir, not to my knowledge. COMMISSIONER HENNING: Well, let's say that I did talk to Burt Saunders about this company, and maybe Mike Brennan, and I talked to staff about the item on the agenda. CHAIRMAN COYLE: Okay. And I don't recall talking with anyone about this since our last discussions concerning COPCNs. Commissioner Fiala? Page 231 October 23, 2012 COMMISSIONER FIALA: No, I had -- I had no discussions with anyone. CHAIRMAN COYLE: And, Commissioner Hiller? COMMISSIONER HILLER: No. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: No discussions. CHAIRMAN COYLE: Then let's proceed. COMMISSIONER HENNING: Motion to deny? CHAIRMAN COYLE: I don't know. I don't know. I don't know who's even going to be presenting. COMMISSIONER HILLER: All right. In that case, if you say -- okay. You say motion to deny and I say no, and so it passes that they get it? CHAIRMAN COYLE: Okay. Go ahead, Dan. MR. SUMMERS: Commissioners, for the record, Dan Summers CHAIRMAN COYLE: They've been here too long. COMMISSIONER HILLER: So have we. MR. SUMMERS: For the record, Dan Summers, director of the Bureau of Emergency Services and Emergency Management. Before you is a Class 2 advanced life support interfacility certificate for public convenience and necessity being submitted under the name of American Medical Transport. There are some speakers here, as you so noted. The applicant was -- had reported to me yesterday he would be on site for this discussion. He is ill. He had a representative here, but he had to leave. The applicant, just briefly -- for the sake of the length of the executive summary, the applicant is a long-standing provider in Danbury, Connecticut. I bring to you two concerns about this additional company coming to Naples, Collier County, and those concerns are simply would the impact of an additional service dilute the volume for the Page 232 October 23, 2012 existing provider, which could have service delivery effects in terms of call volume and even profitability. Second, we have no experience with how to best gauge this applicant since he has not operated in the State of Florida; however, I think it's important that you realize that we're certainly sensitive to being business friendly and having new businesses here within Collier County. It's important to note that the applicant reported to us that he had a license in the State of Florida at one time. As he reported to me, he purchased a failing business organization in Lee County, but to the best of our knowledge the applicant did not restart the business nor operate in Lee. At the conclusion of the public hearing, let me remind you that just as we have done in the last COPCN letting that you granted, that staff made some requirements or recommendations to you to allow you to require some stipulations. Those are on the last page of your executive summary. I think those stipulations are important should you grant the letting of this COPCN. That's all I have. CHAIRMAN COYLE: How many public speakers do we have? MR. MILLER: Four, sir. CHAIRMAN COYLE: Commissioner Henning, would you want to wait? COMMISSIONER HENNING: No, I want to make a motion. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I want to make a motion to deny the request for a license for transport. And there's no -- there's no history here in the State of Florida. I'm concerned that it will dilute the services to our citizens. I think there's -- aside from the motion -- that's my motion. Aside from the motion, I think there could be maybe a better process in the future so that we have a provider that's going to be responsive by not diluting the customer base or the service base and Page 233 October 23, 2012 provide a great product to our citizens and a cost savings to the citizens, and this is not the way to do it. COMMISSIONER FIALA: I second your motion. CHAIRMAN COYLE: Okay. Motion to deny by Commissioner Henning, seconded by Commissioner Fiala. Are any of the speakers opposed to this motion? (No response.) CHAIRMAN COYLE: Okay. MR. MILLER: Would you like me to call the names, sir? CHAIRMAN COYLE: Yes, please. MR. MILLER: Tim Glen. (No response.) COMMISSIONER HENNING: You could waive or get up and speak. MR. MILLER: Michael Grant? MR. GRANT: Waive in support of the motion. MR. MILLER: Vanessa Grant Oliver? MS. OLIVER: Waive in support of the motion. MR. MILLER: Alan Skavroneck? MR. SKAVRONECK: Waive in support of the motion. MR. MILLER: Sorry about that. MR. SKAVRONECK: That's okay. CHAIRMAN COYLE: Very well. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: The motion passes unanimously 4-0. MR. GRANT: Thank you. Page 234 October 23, 2012 CHAIRMAN COYLE: Have a good day. I'm sorry you had to wait so long to hear this. Thank you. MS. GRANT: Thank you. Item #11D RESOLUTION 2012-203 (PARCEL 101TCE); RESOLUTION 2012-204 (PARCEL 102FEE 1, 102FEE2 & 102TCE); RESOLUTION 2012-205 (PARCEL 103FEE & 103TCE); RESOLUTION 2012-206 (PARCEL 104FEE & 104TCE); RESOLUTION 2012-207 (PARCEL 105F'EE 1-105FEE3 & 105TCE 1-105TCE4); RESOLUTION 2012- 208 (PARCEL 1061-EE & 106TCE); RESOLUTION 2012-209 (PARCEL 107FEE, 107TCE 1 & 107TCE2); RESOLUTION 2012-210 (PARCEL 108FEE, 108TCE 1, 108TCE2); RESOLUTION 2012-211 (PARCEL 109FEE); RESOLUTION 2012-212 (PARCEL 112FEE); RESOLUTION 2012-213 (PARCEL 113FEE, 113TCE); RESOLUTION 2012-214 (PARCEL 114FEE); RESOLUTION 2012-215 (PARCEL 115FEE); RESOLUTION 2012-216 (PARCEL 116FEE, 116TCE1, 116TCE2 & 116TCE3); RESOLUTION 2012- 217 (PARCEL 117FEE); RESOLUTION 2012-218 (PARCEL 118FEE); RESOLUTION 2012-219 (PARCEL 119FEE, 119TCE); RESOLUTION 2012-220 (PARCEL 120FEE); RESOLUTION 2012-221 (PARCEL 121TCE); RESOLUTION 2012-222 (PARCEL 122TCE); RESOLUTION 2012-223 (PARCEL 123FEE); RESOLUTION 2012-224 (PARCEL 124FEE): RESOLUTIONS AUTHORIZING CONDEMNATION OF LAND AND EASEMENTS NECESSARY FOR CONSTRUCTION OF CAPITAL IMPROVEMENTS AT THE US41 AND COLLIER BOULEVARD INTERSECTION — ALL ADOPTED UNDER ONE MOTION Page 235 October 23, 2012 MR. OCHS: Commissioners, that takes us to Item 11D on your agenda. It was continued from the October 9, 2012. CHAIRMAN COYLE: You said D, delta? MR. OCHS: 11D, yes, sir. CHAIRMAN COYLE: All right. Motion to approve. COMMISSIONER HENNING: Second. COMMISSIONER FIALA: Oh, second. CHAIRMAN COYLE: Okay. Motion to approve by me, second by Commissioner Henning. Does anyone have any comments or discussion? MR. CASALANGUIDA: Sir, we just need to put a few things on the record. I know we put them on last meeting, but I'll have Jay put them on the record for you, if you'd be so kind. Sorry. CHAIRMAN COYLE: Be brief, Jay. MR. AHMAD: Yes, sir. Good afternoon, I'm Jay Ahmad, for the record, your director of transportation engineer. I put this, before, on the visualizer, that I hope you consider alternative alignments, the cost of competing alternatives, improvements to public health, safety, and welfare, long-range transportation planning, and environmental factors and impacts. And the last slide I want to put on the record -- okay. I know Commissioner Hiller asked about comparison matrix, that we have considered all the competing alternative costs, and that's part of what the Court requires us to consider, and we certainly have, and we've provided her a copy of this, and now that -- you have it as well, so -- that's it, sir. CHAIRMAN COYLE: Okay. All in favor of the motion, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRMAN COYLE: Aye. Page 236 October 23, 2012 COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) COMMISSIONER FIALA: I just also wanted to put something on the record. This vote, even though I'm voting for it, does allow another affordable housing community of 150 or more to be built by right. They don't even have to come back to us because of the DCA. It's -- again, it's all just in another area that's all just oversaturated. COMMISSIONER HILLER: But -- can I ask a question about that? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: Sure. COMMISSIONER HILLER: I thought that we had eliminated those type of units from the DCA. I mean, they do have -- I mean, it's actually -- wasn't it something that we required of them that they now don't have to do? COMMISSIONER FIALA: Right. COMMISSIONER HILLER: But are you saying they still want to do it; is that your issue? COMMISSIONER FIALA: When the DCA -- when the developer purchased -- chipped in with their section of the DCA -- COMMISSIONER HILLER: Right. COMMISSIONER FIALA: -- and I did not understand this until I asked the question the other day -- they also bought into the right to build by right. CHAIRMAN COYLE: Can you explain to us what's going on? MR. CASALANGUIDA: Sure, Commissioner. Me and Commissioner Fiala discussed the 2008 DCA. It's been a long time ago, Commissioner Hiller. Not the recent DCA with Naples Reserve. COMMISSIONER HILLER: This is not the 4 million? This is Page 237 October 23, 2012 MR. CASALANGUIDA: No, ma'am. That's the prior 8 million that was a while back. COMMISSIONER HILLER: Okay. MR. CASALANGUIDA: Part of that consortium group was the Habitat group. There was several developers. They were a rezone property, Regal Acres. They could not move forward with concurrency, and they did the same thing the rest of the developers did, which was pay their impact fees so we could do this project so they could pay for their concurrency, so -- and that goes back to 2008, sir (sic). COMMISSIONER HILLER: And what was the provision in that DCA? MR. CASALANGUIDA: Just that they were -- there was no capacity on 41 and that this project was putting capacity on and that we banked those trips in with the rest of the developers, which was the Lowe's site, the Target site, and I believe even the CVS site. Those four corners. They just prepaid their impact fees so we could fund this project, which allowed them to purchase the concurrency at that time. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: But -- can I ask -- CHAIRMAN COYLE: This did pass unanimously, right? COMMISSIONER HILLER: Right. MR. OCHS: Yes, sir. CHAIRMAN COYLE: Okay. Go ahead. Let's -- we need to move on to get some of the stuff done. COMMISSIONER HILLER: Just to clarify -- just to clarify with that development by right, until the infrastructure is put in place, which is not -- I mean, this is not expected to be done for, like, 20 years. MR. CASALANGUIDA: No, ma'am. Your concurrency -- if you have a project in your capital improvement -- COMMISSIONER HILLER: That's sufficient to -- Page 238 October 23, 2012 MR. CASALANGUIDA: -- that's sufficient -- COMMISSIONER HILLER: -- allow for concurrency, all right. MR. CASALANGUIDA: -- to allow them to go forward, yes, ma'am. COMMISSIONER HILLER: Okay. So that they can develop now even though the capacity isn't there? MR. CASALANGUIDA: Not yet in place, because we have banked trips that we accounted for that haven't come online either, so you've got to -- COMMISSIONER HILLER: So you have a lag? MR. CASALANGUIDA: Yes. COMMISSIONER HILLER: Well, we have to be very careful about that prospectively and ensure that we don't approve anything unless it's actually in the works because, I mean, obviously even if the lagging starts catching up, we're going to have a problem even more than we already have at that intersection. MR. CASALANGUIDA: Yes, ma'am. That was anticipated when we did the agreement. COMMISSIONER HILLER: Oh, was it? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: Oh. Well, then you're okay. CHAIRMAN COYLE: That takes us to Item No. F, right? Item #11F AWARD BID NUMBERS 12-5845 AND 12-5845R, "COUNTYWIDE CHEMICALS," FOR THE PURCHASE OF VARIOUS CHEMICALS REQUIRED FOR POTABLE WATER, WASTEWATER, AND IRRIGATION QUALITY WATER TREATMENT BY WATER AND WASTEWATER DEPARTMENTS, TO VARIOUS VENDORS IN THE ANNUAL ESTIMATED AMOUNT OF $5,500,000 — APPROVED Page 239 October 23, 2012 MR. OCHS: Yes, sir. It's a recommendation to award Bid 12-5845 and 12-5845R for Countywide Chemicals for the purchase of various chemicals required for potable water, wastewater, and irrigation-quality water treatment by the water and wastewater departments to various vendors in the estimated annual amount of $5.5 million. CHAIRMAN COYLE: Any commissioners have a problem with this item? COMMISSIONER FIALA: No. I just have a question, though. The four chemicals that didn't receive any offers, have we gone back to the -- MS. MARKIEWICZ: (Nods head.) COMMISSIONER FIALA: Okay, fine. Then I make a motion to approve. COMMISSIONER HENNING: I'll second it. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Okay. It passes unanimously. Now we go to G. Item #11G APPROVE SEPARATE WORK ORDERS TO KYLE CONSTRUCTION INC., QUALITY ENTERPRISES USA, AND Page 240 October 23, 2012 HASKINS INC., UNDER THE FIXED-TERM UNDERGROUND UTILITIES CONTRACT #08-5011, IN THE TOTAL AMOUNT OF $2,052,336 TO REPLACE AIR RELEASE VALVES UNDER PROJECT #70044, FORCE MAIN TECHNICAL SUPPORT — APPROVED MR. OCHS: 11G is a recommendation to approve a work order to Kyle Construction -- separate work orders to Kyle Construction, Incorporated; Quality Enterprises USA; and Haskins Inc. under the fixed term underground utilities contract in the total amount of $2,052,336 for the replacement of air release valves under Project No. 70044 Force Main Technical Support. CHAIRMAN COYLE: Okay. Anybody have a problem with this one? COMMISSIONER HENNING: Yeah, I have a question. CHAIRMAN COYLE: Go ahead. COMMISSIONER HENNING: Can we get a hot-air containment valve for this room? CHAIRMAN COYLE: They don't make them that big. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. MR. CHMELIK: Thank you. CHAIRMAN COYLE: Okay. Motion to approve 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 HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Page 241 October 23, 2012 That brings us to 11H. Item #11H AWARD BID NUMBER 12-5964, "SRO WELLFIELD RAW WATER TRANSMISSION MAIN REPAIR," TO SOUTHWEST UTILITY SYSTEMS, INC., IN THE AMOUNT OF $1,131,450, TO COMPLETE THE SECOND STAGE OF PHASE IV OF THE SOUTH RO WELLFIELD RAW WATER TRANSMISSION MAIN REPAIR, PROJECT NO. 70030 — APPROVED MR. OCHS: 11H is a recommendation to award Bid No. 12-5964 SRO wellfield raw water transmission main repair to Southwest Utility System, Incorporated, in the amount of $1,131,450 to complete the second stage of Phase IV of the south RO wellfield raw water transmission main repair project. COMMISSIONER HENNING: What? COMMISSIONER FIALA: I make a motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala. Seconded by? Commissioner Henning? COMMISSIONER HENNING: Commissioner Hiller. COMMISSIONER HILLER: Commissioner Hiller. CHAIRMAN COYLE: Commissioner Hiller, okay. All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: It passes unanimously. Page 242 October 23, 2012 MR. CHMELIK: Commissioners, thank you very much. Item #11K TO APPROVE THE FISCAL YEAR 2013 STRATEGIC PLAN FOR THE NAPLES MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU (CVB) — MOTION TO APPROVE AND WILL BE BROUGHT BACK FOR FURTHER DISCUSSION REGARDING ADDING STAFF AT A FUTURE MEETING — APPROVED CHAIRMAN COYLE: That brings us to 11K. Commissioner Hiller, you moved this item off the consent agenda. COMMISSIONER HILLER: Yes. CHAIRMAN COYLE: Go ahead. COMMISSIONER HILLER: I wanted it presented. It seemed to have created quite a bit of discussion in light of the fact that it was proposing additional employees, and I think it's important that it be presented for discussion for the board. CHAIRMAN COYLE: Okay. You're on, Jack. Be brief. MR. OCHS: Go ahead, Jack. MR. WERT: Thank you, sir; thank you, sir. This is the presentation of the strategic marketing plan for the Convention and Visitors Bureau. Just a quick look at how we've done this past year. We got a lot of good response from the media as we were negotiating our various media contracts. You can see that about $850,000 of added value, which means we don't have to pay any more dollars out for what we were able to negotiate. We also had excellent participation, a record year from our partners with our co-op on advertising and promotion program, Page 243 October 23, 2012 170,000, which really added a little over a million dollars. CHAIRMAN COYLE: Why do you need three employees? MR. WERT: There you go. CHAIRMAN COYLE: Okay. That's what we need to find out. Why do you need three employees? It is three, right? MR. WERT: Let me go to that slide, commissioner. This came from a recommendation from the tourism industry. This wasn't something that our department -- although we've said for some time that we needed staff, but we were certainly under the hiring freeze. The industry -- and this would be hotels, both group-meeting hotels and leisure hotels, have pretty much, across the board, indicated all through our planning process here that our tourism department staff does need additional staff members. And you see below there the positions that have been suggested are, first of all and probably most important, is an additional sales manager. We currently have -- we're in a sales and marketing environment. That's what we do to promote our area. We have one sales manager for a much bigger task than one person can handle. So the hotels certainly have indicated -- and they know because they use direct sales as part of their marketing effort -- that another sales manager would more than pay for themselves in additional group-meeting business that we might be able to bring to the county. Another position that has been discussed -- and we've documented pretty accurately throughout the last couple of years the importance of sports marketing. We feel that adding another sports marketing salesperson, again, would help us bring many more events to the area, and not just field events, but events on our beaches, offshore, lots of different things that they could help us, all of which generate room nights. We've documented that over the past year as how that -- well that works. The physical support person, actually, was in our budget, so that Page 244 October 23, 2012 is something that they had -- we have been identifying, and they know we need help in administering our contracts and grants. That is actually already in the works. And, finally -- and this, again, came from the tourism industry -- was a social media specialist. We currently have people both in the ad agency and the public relations firm that are pretty much doing that. It is a bit disjointed because we've got several outside firms doing it. So we feel we need a media specialist on staff to coordinate all those efforts. Those are the additional positions. The way we would -- are suggesting -- CHAIRMAN COYLE: What do you think of that, County Manager? MR. OCHS: Sir, I'm supportive of the first two based on my feedback from the industry and my discussions with Jack. We -- I told him to wait until we got to year end and we got the final numbers on TDC receipts, which we now have. And as he indicated and as the report indicates, Mr. Isackson and I are meeting with Jack and putting the final details on an item that we can bring back to this board for consideration. CHAIRMAN COYLE: Okay. I've got a question for you. This is one of the more interesting fiscal impact descriptions I've ever heard. The marketing budget for 2013 to support this strategic plan total is $2.3 million. You're not spending $2.3 million on three employees, are you? MR. WERT: No, no. CHAIRMAN COYLE: Then you're asking for three employees. Can you tell us how much it's going to cost? MR. WERT: We are requesting up to -- if it's two employees, I would say around $200,000 is what we would need for a full benefits package and everything, maybe a little less. But I'm saying up to. I Page 245 October 23, 2012 need to get those figures from HR to be absolutely sure. But -- and just so you know, Commissioner Coyle, the way we are suggesting we fund this is not from the current revenue. We have that budgeted. This is excess revenue, as the county manager indicated, above and beyond what we projected, what the budget office projected we would get in tourist tax revenue. So these are excess FY12 funds that we would like to invest in staff for direct sales. And we want to put some of the dollars into additional incentives in the group-meeting market, because that has really worked well, and our hotels are telling us that is one of the best programs we've had, so that's how we want to use it. CHAIRMAN COYLE: Commissioner Henning, what do you think? COMMISSIONER HENNING: The Tourist Development Council talked about these positions at the last meeting. That -- that item needs to be reported to the board at a future date. MR. WERT: Yes, sir. MR. OCHS: Yes, sir. COMMISSIONER HENNING: However, Jack's been doing a phenomenal job each and every year. As we -- as we go on, his revenues are increasing, and it's because of the industry specialists such as Rick Medwedeff and Clark Hill and their input of pushing things for more marketing. And I trust in Jack; however, I do question some of these things in these further discussion and scrutiny. CHAIRMAN COYLE: Okay. Do you want to approve the 2013 strategic plan and then make the decision concerning additional personnel and save that for a later discussion? COMMISSIONER HENNING: And that's what we're going to do. MR. WERT: That would be fine. CHAIRMAN COYLE: Okay. All right. Is that your motion? Page 246 October 23, 2012 COMMISSIONER HENNING: Commissioner Hiller pulled this. Do you have any other questions? COMMISSIONER HILLER: No. I think that -- to me that was the most significant. You know, and the reason I raised it is, while I understand that, you know, we have limitations on staff, we do use all these different outside vendors to perform tasks for us. So, you know, in effect, what we're doing is leveraging the staff we have with these other companies we hire. So I'm just not sure, you know, how much we need more staff in light of our service providers. COMMISSIONER HENNING: I'm not sure either, but we're going to get into details. MR. WERT: We'll bring that back, Commissioner. CHAIRMAN COYLE: Well, one of the things that would be helpful for me would be an explanation as to why we can't use some of our existing grant specialists for the purpose of providing contracts and grant applications here. Why do we need to get you a special person when we're doing this in the county already and they're servicing a fairly wide range of grant requests? So if you're going to bring that back to us, I'd appreciate at least some consideration for that. MR. OCHS: Absolutely, Commissioners. CHAIRMAN COYLE: Okay. MR. OCHS: When we come back with whatever conditions we come back with, we'll provide what we believe to be justification. CHAIRMAN COYLE: Okay. Then we have a motion by Commissioner Henning to approve the strategic plan -- COMMISSIONER HILLER: I'll second it. CHAIRMAN COYLE: -- and bring back the more detailed discussion on staff at a later time, and it's seconded by Commissioner Hiller. And Commissioner Fiala wants to make a -- COMMISSIONER FIALA: Just a fast question, Jack. Page 247 October 23, 2012 MR. WERT: Yes, ma'am. COMMISSIONER FIALA: I studied it the other night, but I'll be doggone if I can find out where it said this. But I remember reading somewhere in here that surprised me that the social media isn't taking off as you had thought but yet we're going to be hiring a social media person. Is that to try and augment what you're doing or -- MR. WERT: I think the -- Commissioner, the point that you may have read there is our partners are indicating that they don't understand social media, really, as well as we do. So one of the recommendations and something we want to implement are some workshops for the -- our tourism industry folks on how to better use social media to help support what we're doing. Our efforts and what agency and PR firm is doing are outstanding. COMMISSIONER FIALA: Okay, fine. Thank you for clearing that up. COMMISSIONER HENNING: Oh, okay. MR. WERT: Yes, they are. COMMISSIONER HENNING: Now I understand it better. COMMISSIONER FIALA: Thank you. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Motion carries unanimously. MR. WERT: Thank you, Commissioners. CHAIRMAN COYLE: That takes us to Item 12A, I believe. Right, County Manager? Page 248 October 23, 2012 Item #11L REVIEW AND APPROVE THE PROPOSED FY2012-2013 ACTION PLAN FOR LEO E. OCHS, JR., COUNTY MANAGER — APPROVED MR. OCHS: No, sir. We have one more, 11L, which was previously 16F4. Commissioner Hiller had asked that the action plan be moved -- CHAIRMAN COYLE: Okay. MR. OCHS: -- to the regular agenda. CHAIRMAN COYLE: Okay. Commissioner Hiller, go ahead. COMMISSIONER HILLER: Yeah. And the reason I did that is because I think it's important for the public to know what the plan is. COMMISSIONER FIALA: Here. COMMISSIONER HILLER: Thank you. And I would very much like for you to present it. And while I understand it's in the backup material, you know, a lot of people don't know how to access the backup material. You know, it's a lot of effort for them to do it. It just makes sense for us to have you present it so everybody knows what you intend on doing. CHAIRMAN COYLE: Well, he's going to get low ratings on it no matter what he says or does. COMMISSIONER HILLER: Not necessarily. MR. OCHS: Commissioners, the -- COMMISSIONER HILLER: The positive thing about a low rating is you always have an opportunity to be better. When you're up at the top, you can't be any better than you already are. MR. OCHS: The action plan consists of a series of goals and objectives. I'll go through these from top to bottom. Leadership and organizational direction, operational effectiveness of the agency, performance management and workforce Page 249 October 23, 2012 development, policy execution and support to the board, budget and financial management, capital improvements and asset management, public information and community relations. And then four operational initiatives for priority in 2013. Some of these are carryovers from the current -- the previous fiscal year, continuing to develop our local economic development program initiative. Next item is continue the focus on Emergency Medical Services, not only county EMS, but cooperation with our partners in fire and law enforcement; continuing to pursue the asset management total solution that we've talked about earlier today; and then a continued focus in moving forward to improve our grant management programs in the coming year. Those are the broad goals. I also have, as I've mentioned to you before, a complete binder of five-year work program objectives for each division and each executive office, annual action plans and individual goals and measurements for each one of those divisions. Be happy to share this at any time. CHAIRMAN COYLE: Thank you. COMMISSIONER FIALA: Thank you. And I'd like to make a motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala. Question by Commissioner Henning. COMMISSIONER HENNING: Yeah, I'll second it if we can amend it. A lot of these, County Manager, are given. You've got to bring us a balanced budget. That's a no-brainer; however, I think there's an opportunity over the next year or two, provide things like, you know, government processes, permitting processes, enhanced permitting processes, or enhanced services to our customers. MR. OCHS: Yes, sir. I'll add that as a -- COMMISSIONER HENNING: Which one do you like; both or Page 250 October 23, 2012 MR. OCHS: Yes, I do, as a matter of fact. COMMISSIONER HENNING: It's something you're doing already, right? And wouldn't it be great to tell the public on the things that you and your staff have done to enhance regulations -- not enhance regulations. MR. OCHS: Streamline. COMMISSIONER HENNING: -- streamline the regulations and enhance services to the citizens? MR. OCHS: Yes, sir. I've tried to get to those under operational effectiveness and also community relations in meeting with some of the outside industry organizations, like working with CBIA and NABOR and others. COMMISSIONER FIALA: I like Commissioner Henning's way of doing it. COMMISSIONER HENNING: He's doing it. MR. OCHS: We'll do it separate. COMMISSIONER HENNING: Yeah. Well, good. I'll -- with that amendment, I'll second your motion. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Okay. All in favor, please signify by saying aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. (No response.) CHAIRMAN COYLE: Motion passes unanimously. MR. OCHS: Now, we -- thank you, Commissioners. Item #12A Page 251 October 23, 2012 APPROVE AND AUTHORIZE THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO SIGN, AN INTERLOCAL AGREEMENT RELATING TO ESTABLISHMENT OF THE GULF CONSORTIUM TO ACT ON BEHALF OF COLLIER COUNTY IN THE IMPLEMENTATION OF THE RESTORE ACT (RESOURCES AND ECOSYSTEMS SUSTAINABILITY TOURIST OPPORTUNITIES AND REVISED ECONOMIES OF THE GULF COAST STATES ACT OF 2012) — MOTION TO APPROVE — FAILED FOR LACK OF A MAJORITY MR. OCHS: Now we move to Item 12A, county attorney's report. It's a recommendation to approve and authorize the chairman to sign an interlocal agreement relating to the establishment of the Gulf Consortium to act on behalf of Collier County in the implementation of the Restore Act. COMMISSIONER HILLER: May I comment on that? CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HILLER: Thank you. The concern I have here is that if we enter into this interlocal agreement before we know where the state stands on this, we might be expending monies which, at the end of the day, could be wasted, and we may be making commitments that, you know, in effect, are moot. And that latter part I understand is not a big deal, because if they're moot, they'll just drop by the wayside, and that will be that. But I think -- you know, if FAC ultimately becomes, you know, the heart of the consortium and the legislature and the governor think that's great, well, I think it's great, too. But I think we're, you know, putting the cart before the horse. FAC did say that they were in discussions with the governor's office and that there was no finality on this yet. So I don't see the rush in signing this interlocal agreement. It won't hurt us in any way at this point if we don't. Page 252 October 23, 2012 CHAIRMAN COYLE: Commissioner Henning, did you have your light on? COMMISSIONER HENNING: Uh-uh. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: That's about what I understand, too, is that we don't have to rush into it, but we should have a person sitting at the table. COMMISSIONER HILLER: Right. COMMISSIONER FIALA: And I'd like to be that person, being that I started with them. But, you know, just to make sure that we're listening in, and in case we're needed we're there. And we want to protect our interests for the future and yet, you know, it's -- it really centers around the eight counties that have lost a great deal. They're going to be at everything. But I would like to be represent -- I would like to represent our county there as well, even if we don't immediately join. CHAIRMAN COYLE: The initial financial impact is only $1,120. COMMISSIONER FIALA: Right. CHAIRMAN COYLE: That's not too much to pay for -- COMMISSIONER HILLER: So just sign nothing but show our presence -- COMMISSIONER FIALA: Yep. COMMISSIONER HILLER: So the motion is -- CHAIRMAN COYLE: Wait a minute. MR. KLATZKOW: You won't have a vote unless you sign this. You can be present, but you'll be a spectator. COMMISSIONER HILLER: What is there to vote on? MR. KLATZKOW: I don't know. But, quite frankly, I think most of these things are going to be held in Tallahassee, and the costs of going up and down are going to exceed the $1,100 costs anyway to join. Page 253 October 23, 2012 COMMISSIONER HILLER: But then again, I don't think anything's going to happen yet. MR. KLATZKOW: Nothing's going to happen, I agree. COMMISSIONER HILLER: So we can continue this item to, for example, the next meeting, and maybe you could follow up with FAC -- you've got a close relationship with Ginger -- and find out what the governor is saying and where we're going with this rather than -- MR. KLATZKOW: Okay. CHAIRMAN COYLE: Well, you know, I don't agree with that. You know, I think we need to make a decision that we want a place at the table here. We can't just sit on the sideline and let all the other states -- counties band together. And we should be participating in this. It costs us nothing, relatively speaking. So why don't we just say we're going to have a representative there, it's going to be Commissioner Fiala, and get it done? Why keep bringing this up every other meeting and postponing it? COMMISSIONER FIALA: There's one important thing to add to what you just said, and that is if, for instance, that they decide that instead of going to the federal government, the dollars do get distributed to the states, we want to make sure that we're a part of that distribution rather than the legislature -- that's what this is all about -- so that it comes to us rather than goes through, you know, the sausage maker. CHAIRMAN COYLE: That's right. COMMISSIONER FIALA: And we have to be able to act on that quickly if the time is right. So it's up to you guys. I mean, I don't want to -- I don't want to -- CHAIRMAN COYLE: Well, I'd be willing to support membership in this organization. It's not going to cost us anything. There's no downside to this, and we get a chance to help guide or at least have input that will hopefully guide what they ultimately do with Page 254 October 23, 2012 this. But just to ignore it -- COMMISSIONER FIALA: And I can save you a little bit of money. When I -- if I -- when I go up to Tallahassee, I can stay with daughter-in-law, and I could have her drive me around, so I don't even have to rent a car. I'll try and do everything I can to reduce the expenses. If I could go up and back in one day, that would be good, you know, but -- CHAIRMAN COYLE: If you throw in just one meal a day, I'd vote for it. COMMISSIONER FIALA: I could probably do that easily. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: I've got plenty to last me the rest of the time. COMMISSIONER HILLER: But now that you're saying that, you know, my son is up there. COMMISSIONER FIALA: Is he? COMMISSIONER HILLER: So maybe we should share. COMMISSIONER FIALA: I could go visit him. COMMISSIONER HILLER: Oh. That wasn't exactly what I had in mind. COMMISSIONER FIALA: Oh. COMMISSIONER HILLER: Go visit him. I think he would love that. CHAIRMAN COYLE: Okay. COMMISSIONER HILLER: You can take him out for lunch. CHAIRMAN COYLE: That's a motion, by the way. Is there a second? COMMISSIONER FIALA: What is the motion? CHAIRMAN COYLE: The motion is that we approve Collier County's membership into the Gulf Consortium that authorizes -- COMMISSIONER FIALA: Oh, you made that motion. CHAIRMAN COYLE: -- yeah, authorizes me to execute the Page 255 October 23, 2012 interlocal agreement establishing the said entity. We can withdraw from it anytime we want to, right? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: There's nothing that -- MR. KLATZKOW: Yes. COMMISSIONER FIALA: Nothing holds us -- CHAIRMAN COYLE: If somebody says, well, it's going to cost you 25,000 a year, then you say goodbye. MR. KLATZKOW: It's a long drive not to have a vote. CHAIRMAN COYLE: I'm sorry? MR. KLATZKOW: It's a long drive not to have a vote. CHAIRMAN COYLE: That's right, yeah. COMMISSIONER FIALA: Okay. So then I'll second -- COMMISSIONER HENNING: Well, you do that every time you visit the legislators. CHAIRMAN COYLE: Yeah. COMMISSIONER FIALA: I can't see a downside. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. And I'm afraid it's going to be tied, or it's going to fail. So anybody who's opposed, please signify by saying no. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Or aye. Okay. So it fails. So -- COMMISSIONER FIALA: Do we have to tell Tallahassee or our state legislators that we've decided not to be a part of it; is that what it says then? MR. KLATZKOW: I'll get with Ginger and let her know. COMMISSIONER FIALA: Okay. So then that means I don't need to go to any meetings? Page 256 October 23, 2012 CHAIRMAN COYLE: That's it. Okay. There's no point in going to something you can't vote on. COMMISSIONER FIALA: Okay. All righty. CHAIRMAN COYLE: Is there anything else, County Manager? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: No. We're on 15, Commissioners, staff and commission general communications. CHAIRMAN COYLE: Go ahead. Do you have anything? MR. OCHS: Just one item, sir. Commissioners, our office of Communications and Customer Relations, which is the contact point for public records requests received an email public records request on October 13th requesting security videos from our campus. And I had some initial concern about whether we were required under law to release those, number one, and if we were, whether the board, as a policy matter, would object to the releasing of that kind of information. I consulted with the County Attorney. He was good enough to contact his sources in the Attorney General's Office for some direction or guidance. And, Jeff, please feel free to jump in if I'm missing something here. But, essentially, the AG's office is telling us that they believe that it does constitute a public record and that we should release those videos. Of course, the other course of action would be to take the position that because they're security videos we don't want to release them, and we would not do that absent a court order. I didn't want to take that position unless I knew the board supported that, so -- COMMISSIONER HENNING: Well, wait a minute. What about Page 257 October 23, 2012 our security system at the airport? Wouldn't that be the same thing? MR. KLATZKOW: No, there's a separate statute dealing with the airport. This was a public-records request for a videotape of the parking lot -- MR. OCHS: Two floors of this building, D1, and the parking lot. COMMISSIONER HENNING: So the airports -- the statute for the airport is -- the security plan is part of the agency's plan, cannot be shared by anybody else; is that right? COMMISSIONER FIALA: Who's requesting these? CHAIRMAN COYLE: It doesn't say it can't be shared. It says -- there's a degree of discretion about disseminating the plan, but it can be shared with any of us. COMMISSIONER HILLER: It can be shared. COMMISSIONER HENNING: With any of the agencies? CHAIRMAN COYLE: Any of the county commissioners. COMMISSIONER FIALA: I seem to be out of this loop. COMMISSIONER HENNING: The airport authority. COMMISSIONER FIALA: I don't even understand. Is this because of the homeless that wander around here at night, or is it something else? CHAIRMAN COYLE: No. MR. OCHS: We did not get any explanation by the individual who requested it by email. We simply said -- it simply said, may I please have the security videos from the following locations. COMMISSIONER HILLER: I spoke to -- and I don't want to name whom, but I spoke to a staff member that suggested that it might be a litigant, and that was one of the speculations that it possibly was a litigant who was upset with the county attorney, actually. That's what someone suggested. I mean, there are any possible -- MR. KLATZKOW: I don't know. COMMISSIONER HILLER: -- options. MR. KLATZKOW: The issue the county manager's addressing Page 258 October 23, 2012 to you is that under the Attorney General's impression -- COMMISSIONER HILLER: Who did you speak to there? MR. KLATZKOW: Oh, I forget her name. She's in the -- MR. OCHS: Joslin Wilson. MR. KLATZKOW: Joslin Wilson. She's in the opinions office there. At the end of the day, they took a very broad view of what constitutes a public record and a very narrow view of what constitutes an exemption. The courts from time to time have disagreed with the attorney general. I guess the question is, are you willing to pick a fight on this one, worse comes to worst, by not releasing the security tapes? CHAIRMAN COYLE: Well, I'll tell you what my position is. We have security for a reason here. And there have been several assaults on elected officials in Southwest Florida dating back for the last couple of years, and there have been shootings of public officials. And security systems are created to try to guard against that sort of stuff. And if we start handing out security information to people, it makes it a lot easier for them to plan ways of avoiding detection. And I would be very prepared to defend our right to keep that confidential. Now, if somebody is asking for that as a result of some sort of investigation, I think they should have it. COMMISSIONER HILLER: Yep. CHAIRMAN COYLE: But I think that unless it comes from a recognized agency that is conducting the investigation, I think we keep those things to ourselves. I can't imagine any information that someone could get from a security tape that would serve any useful purpose other than trying to find ways of avoiding our security system and/or maybe targeting somebody. They might want to know, you know, who is going where at what time and establish a pattern for that individual or individuals. So I think it's -- it's unreasonable for us to have -- for us to Page 259 October 23, 2012 disclose that sort of information, and I would be happy to defend against that. MR. KLATZKOW: Well, one approach to take is that the County Manager's Office simply denied the request saying that it's exempt and then, should they file suit, I can come back to you and make a decision. CHAIRMAN COYLE: That's right, that's right, exactly. At least in that case we know who it is who's requesting it, wouldn't we? MR. KLATZKOW: Yes. CHAIRMAN COYLE: Right now we don't even know who it is that's requesting this. MR. KLATZKOW: We have a name. CHAIRMAN COYLE: You've got a name, but nobody's been able to track it down. Nobody has been able to find out who this person is. COMMISSIONER HILLER: Well, there's also no way to know that -- if the person requesting is really the person that's ultimately going to be using the information. CHAIRMAN COYLE: That's exactly right. COMMISSIONER HILLER: So there's a problem. CHAIRMAN COYLE: So I vote to deny the request, consider it sensitive information for the security of the employees and elected officials, and not divulge it. MR. OCHS: Is that the consensus of the board? CHAIRMAN COYLE: Do we have three nods? Yeah, it looks that way. COMMISSIONER HENNING: I concur with Commissioner Coyle. I'm concerned about his safety also. CHAIRMAN COYLE: Yeah, I'm concerned about my safety. MR. OCHS: Very well. That's all I have, Mr. Chairman. CHAIRMAN COYLE: Okay. County Attorney? MR. KLATZKOW: Nothing, sir. Page 260 October 23, 2012 CHAIRMAN COYLE: Commissioner Hiller? COMMISSIONER HILLER: Yeah. I wanted to address two issues. And the one thing I want -- the first thing I wanted to address was an article that Brent Batten had written where he failed to include certain information that, had he included it, would have portrayed the story in a very different light. And I told Brent that I would respond on the public record, because I believe that the response should be a public answer with everyone being able to hear the facts. And, essentially, what happened was Brent Batten wrote an article saying that I had lied about Ian's evaluation, and that was precipitated by a statement that Commissioner Coyle made that I, in his opinion, had misrepresented how I had calculated Ian's evaluation. In Commissioner Coyle's opinion, he believed that I had given Ian a bad evaluation when, in fact, I swear on a Bible that I gave him a very good evaluation. And here are facts that Brent omitted -- and if he had done his research, it was all on the record, and he could have readily obtained it and could have readily presented the truth -- and that is that I gave Ian his evaluation before he made the decision to announce his desire to resign or to be terminated, however you would like to label his departure. And before it ever came to the board for discussion -- in fact, after I gave him his evaluation, I met with him and told him that I evaluated him on the basis of a 1, 2, 3 scale because he was a contract employee like the county attorney and the county manager. And the reason I did that was for the purposes of being consistent and showing how he ranked against these other employees. He's a contract employee by them. And the county says that contract employees are rated 1, 2, 3. That's the standard. And just so you know, the 1, 2, 3 on, for example, Jeff Klatzkow's evaluation means exactly the same thing in terms of Page 261 October 23, 2012 different numbers on Mr. Mitchell's evaluation, and by that I mean that the wording used is "needs improvement," "satisfactory," and "above average." So 1, 2, 3 is equal to 2, 3, 4. In fact, what was odd about Ian's evaluation form, it didn't have a 1. The scale was 2 to 5. There is no such thing as a 2 to 5 scale. It's really a 1 to 4 scale. So what Ian's evaluation had that the other employees didn't have was this 5 rating, which was exceptional. And, you know, it basically would serve to inflate his evaluation. And his bonus, his pay, was tied to his ratings, and it just really wouldn't be fair for comparative purposes. But what I found out -- and I found this out after -- was there really was two ways of evaluating Ian. And the form that Ian presented for his evaluation was not one of the approved ways that was used as a measure for an employee in his position. And the two ways was, as I described, either as a contract employee, which he was, which was 1, 2, 3, or alternatively there was a form, because he was known as a Grade 23 employee; in other words, he was in a class with a number of other managers, and all those managers were evaluated using a standard form with the exception of Ian, and that was the white pay plan performance evaluation instrument. And that document basically gives these employees evaluations out of a total of 500 points. And what it looks like, the form that Ian presented, was some modification of what the county standard is for an employee in his position. So, as I said, you know, there was absolutely no intent to do any sort of change or switch. And, in fact, Mr. Mitchell acknowledged that, because when his evaluation came up -- and, remember, when he presented his evaluations, it was with an executive summary that said that he wanted a raise, a $15,000 raise. Never talking about termination at all. And he came forward. And, in fact, it was at that meeting that -- Page 262 October 23, 2012 that first meeting where he, you know, read his statement and, Commissioner Henning, you turned to him and said, Ian, are you upset with your evaluations in any way? And Ian -- and without me having ever said anything or how I rated him or anything, independently said, oh, no, Commissioner. I got great evaluations from everyone including Commissioner Hiller, who spoke to me before this meeting and explained to me how she rated me and why. So, you know, evaluations ought to be a measure of performance as against other employees. You know, we have a standard in the county. I got the evaluations -- the performance evaluation standards from the county, and they have a system for the contract employees, and they have a system for the noncontract employees. And Ian's evaluation was neither fish nor fowl. So I attempted to follow what I thought was reasonable, and that is that he was a contract employee, because I didn't even know about this grading one. And, like I said, I looked at the words, which is what counted to me, and the words were, as I said, "needs improvement," "satisfactory," or "above average," and rated him accordingly. So that's number one. And, again, it's all on the record. So the second issue that I wanted to address was another article that Mr. Batten wrote, and that was about Evelyn Prieto and this issue of public records and, you know, when is a record a public record and, you know, whether or not a record that she had that she gave to her commissioner was somehow a bad thing, an illegal thing, a wrong thing, a basis for termination. And the answer to his question of, you know, when is a record a public record is something that I just explained to Katie Albers, our government reporter, and that is a public -- a record that is produced by government is always a public record and is available to the public unless an exemption, a statutory exemption, applies. And, otherwise, all our records are public records. Page 263 October 23, 2012 So when Evelyn received this document, it was a public record. And since no exemption applied when requested, she could give it to Commissioner Henning, she could give it to a member of the public without a problem. So -- yeah. Is there an issue with information coming into aides and the risk that that information could be improperly used in some manner? Yes. Is it possible that any government employee getting information in real time could improperly use information? Yes, there is always that risk. And we have to have protocols in place to ensure that no one takes information that wouldn't be readily available to the public and somehow uses it to the advantage of themselves or some other party simply because they have access to information in real time. But those are public records and, you know, any citizen can get them whenever they want. So that document that you had received from her was absolutely a public record. And, Jeff, when you said that there was no legal issue with respect to that, you were right. There was no issue with respect to it. And should there be some sort of procedure how mail is handled? Yeah. I mean, every office has to have one. But that's separate and apart from the fact that that absolutely was a public record and could be given to Commissioner Henning. COMMISSIONER HENNING: I didn't ask for it. COMMISSIONER HILLER: It's still a public record, you know. CHAIRMAN COYLE: Okay. Is that it? COMMISSIONER HILLER: Yeah. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I'm weighing whether I want to say anything now or not. No, I think I'll just say goodnight. CHAIRMAN COYLE: Yeah, me too. COMMISSIONER HENNING: Is it my turn? CHAIRMAN COYLE: Yes, it is. Go ahead. Page 264 October 23, 2012 COMMISSIONER HENNING: Talking about, you know, evaluations, in Mr. Mitchell's contract it calls for him to develop, by October 1, an evaluation for -- COMMISSIONER HILLER: Actually -- can I interrupt you, because that's actually not true. This is what's interesting. In -- I found -- because I went back to the contracts. In light of everything that happened, I wanted to understand what was going on, and I actually found that the contract that Commissioner Coyle had executed with Mr. Mitchell was incorrect and was not the contract that you, as a board, approved in 2010. And, in fact, the contract that was approved did say October as the due date, but the contract that you, as a board, approved -- not the -- I'm sorry. The contract that was executed said October, but the contract that the board approved said November. And he was supposed to bring his evaluation to the board in November and, basically, just collect the information in October, because the board -- you had discussion and debate about it, and I read it in the minutes -- basically provided that you were too busy in October, you know, coming back from the summer, September and October were busy months for you and you only wanted to evaluate him in November. So, technically, you know, everything was ahead of schedule. So I just want to mention that. So, I mean, that contract is -- was there anything else in that contract that -- COMMISSIONER HENNING: Stop it. COMMISSIONER HILLER: Okay. Okay, sorry. I'm sorry. It's just the facts. COMMISSIONER HENNING: Each year, I don't care what you call it, he's to prepare a -- an evaluation form and distribute it to the Board of County Commissioners, just like all the other contracts provide. There's only two people that really manage their contracts. In my opinion, that's the county attorney and the county manager. Page 265 October 23, 2012 But, anyways, I just -- I think it's -- that's something that is a part of Leo's evaluation that he provides. The things that are in there is a part of his contract. And I don't want to have to manage somebody's contract. If I entered into an agreement with somebody, I think they ought to live up to their end of the contract. I don't think it's up to -- of me to say, hey, you didn't live up to your agreement, you know. If you can't manage your own employee contract, can you really manage the assets of the county? And that's a concern. My last comment is I had the opportunity to see Commissioner Coletta on the Jeff Lytle Show this weekend, and I never realized that we -- he actually took time off from his vacation going to Alaska and going hunting up -- to Upstate New York to participate in our meeting, and I think we owe him a debt of gratitude for doing that. You know, he went through one heck of a -- well, I should say hellacious campaign, taking time off, and then feel -- still feel that he has an obligation to come off his vacation to participate by phone. CHAIRMAN COYLE: Let's -- okay. I'm going to discuss one item very briefly. COMMISSIONER HENNING: Then I'm going to make a motion to adjourn. CHAIRMAN COYLE: Good, good. Well, that will be a good idea. With respect to this business about reviews and times, it is customary that we do these evaluations before the end of September. Am I not correct, County Manager? MR. OCHS: That's been my history with the board with regard to my contract. CHAIRMAN COYLE: Okay. So we generally do them before September, and the reason for that is that the 1st of October is the beginning of the new fiscal year. MR. OCHS: You don't do it before September. You do it in the Page 266 October 23, 2012 month of September. CHAIRMAN COYLE: In the month of September, yes. And we do that because if we're going to grant someone a salary increase, it can be included in the budget and it can begin with the new fiscal year. COMMISSIONER HENNING: That's why we need to change it. CHAIRMAN COYLE: Is that not correct, County Manager? MR. OCHS: Well, I believe that was the history of it, yes, sir. That was in the prior manager's contract. CHAIRMAN COYLE: So whether somebody had an anniversary date of November or September or October, it has been our practice to do those before the end of September. So there shouldn't be any confusion for anybody about that. Apparently, there has. But the point is is that -- COMMISSIONER HILLER: Well, that's what you approved -- CHAIRMAN COYLE: -- in order to try to make our budget consistent with our personnel compensation decisions, it seems like the logical time to do these things. So we just should lock in on September; before the end of September is a time when we do those evaluations, right? COMMISSIONER HENNING: That's -- all the contracts we have today say -- CHAIRMAN COYLE: Yeah, yeah. COMMISSIONER HENNING: Ian's was separate. COMMISSIONER HILLER: Yep. CHAIRMAN COYLE: Well, it very well can be separate, but the point is, if you're going to start changing personnel compensations, you ought to do it with respect to what the budget allows and with respect to when it's going to start. It could very well start in November or December, but the decision about making the salary increase should be done before the Page 267 October 23, 2012 new fiscal year starts. COMMISSIONER HENNING: Well, if you're basing it upon salary increases, based upon added revenue, wouldn't it be saying the same thing; if we have a decrease in revenue, we should have a decrease in salary? CHAIRMAN COYLE: I don't follow that at all, but nevertheless. It depends on where you want to decrease your costs. In some cases we've decreased costs by putting off capital expenditures, not by decreasing salary. We -- on the other hand, we have decreased costs whenever we don't have the necessary revenues by not giving salary increases for years. So there is no standard rule as to how you go about that. COMMISSIONER HENNING: Well, the contracts that we have now are based upon September -- or September 1 those evaluations are to be given to the Board of Commissioners. CHAIRMAN COYLE: They should be. COMMISSIONER HENNING: Individuals. CHAIRMAN COYLE: They should be. COMMISSIONER HENNING: And that's per the contract today, Commissioner Coyle. That's what I'm telling you. CHAIRMAN COYLE: Yes. COMMISSIONER HENNING: The only anomaly was Ian Mitchell's, based upon the record. COMMISSIONER HILLER: Right. And the record was a meeting in -- May 11, 2010. It was actually you, Commissioner Henning. COMMISSIONER HENNING: I know. I remember. COMMISSIONER HILLER: You said, my only input is on -- the contract state the evaluation will be done in October, so that means September we'd get the county manager's, county attorney, and office manager contract, make comments, blah-blah-blah. Also, that's the same time we do budgets. I'd like to do it at some time other -- time Page 268 October 23, 2012 what we -- CHAIRMAN COYLE: It's time for the motion to adjourn. COMMISSIONER HILLER: But let me -- just -- before we adjourn, can I comment on -- COMMISSIONER HENNING: Motion -- COMMISSIONER HILLER: I want to say one thing real quick. COMMISSIONER HENNING: -- to -- COMMISSIONER HILLER: I think it's a really good idea. I mean, the whole point of evaluations is, you know, to establish some standard approach so -- COMMISSIONER HENNING: -- adjourn. COMMISSIONER FIALA: Second. COMMISSIONER HILLER: -- you know, these employees can be prepared. I think it should be at -- all come at the same time and all using the same formula. COMMISSIONER HENNING: And we have that. COMMISSIONER HILLER: September; present it in October; 1, 2, 3 for contract employees. CHAIRMAN COYLE: Okay. We're adjourned. ***** **** Commissioner Henning 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 CLERK OF COURTS RELEASE OF AN EXCAVATION BOND IN THE AMOUNT OF $25,000 POSTED AS A DEVELOPMENT GUARANTY FOR WORK ASSOCIATED WITH THE BOYS & GIRLS CLUB OF COLLIER COUNTY PL20110002178 — WORK Page 269 October 23, 2012 ASSOCIATED WITH THE SECURITY HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS WITH RESPECT TO THE SECURITY Item #16A2 A LEASE AND RENT AGREEMENT BETWEEN THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS — AT AN ANNUAL AMOUNT OF $13,260 FOR A 663 SQUARE FOOT OFFICE IN THE GROWTH MANAGEMENT BUILDING, 2885 HORSESHOE DRIVE AND TERMINATING JUNE 26, 2012 UNLESS OTHERWISE RENEWED BY PARTIES Item #16A3 RELEASING A $17,811.26 LIEN FOR PAYMENT OF $1,511.26, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. EDWARD A. KAULBARS & PAULA A. KAULBARS, CODE ENFORCEMENT CASE NUMBER CEPM20090013071, FOR PROPERTY AT 1579 WHISPERING OAKS CIRCLE, COLLIER COUNTY, FLORIDA — BASED ON 67 DAYS OF ACCRUED FINES FOR AN UNMAINTAINED POOL BROUGHT IN COMPLIANCE BY COLLIER COUNTY AUGUST 17, 2010 AND WITH CURRENT PROPERTY OWNERS PAYING OPERATIONAL COSTS Item #16A4 RELEASING A $17,612.29 LIEN FOR PAYMENT OF $562.29, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. MICHAEL MOTTO, CODE Page 270 October 23, 2012 ENFORCEMENT CASE NUMBER CESD20110006565, FOR PROPERTY AT 4160 23RD PLACE SW, COLLIER COUNTY, FLORIDA — BASED ON 175 DAYS OF ACCRUED FINES FOR AN INCOMPLETE POOL PERMIT AND BROUGHT INTO COMPLIANCE ON MAY 24, 2012 Item #16A5 RELEASING TWO LIENS WITH A COMBINED AMOUNT OF $56,509.04 FOR PAYMENT OF $1,609.04, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. ABEL D. ACCILIO & SARA ACCILIO, SPECIAL MAGISTRATE CASE NUMBERS CEPM20100003242 & CEPM20100004034 FOR PROPERTY AT 907 SUMMERFIELD DRIVE, COLLIER COUNTY, FLORIDA — BASED ON 301 DAYS OF ACCRUED FINES IN THE AMOUNT OF $30,212.56 FOR A DAMAGED ROOF BROUGHT INTO COMPLIANCE NOVEMBER 16, 2011 AND $25,250 FOR AN UNMAINTAINED POOL FOR 101 DAYS THAT WAS SUBSEQUENLY BROUGHT INTO COMPLIANCE BY THE COUNTY ON MAY 23, 2011 Item #16A6 RELEASING A $111,900 LIEN FOR PAYMENT OF $567.61, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS VS. ESTER M. TORRES AND JORGE L. TORRES, CODE ENFORCEMENT CASE CEPM20080014195, FOR PROPERTY AT 1340 CENTER LANE, COLLIER COUNTY, FLORIDA — BASED ON 1,119 DAYS OF ACCRUED FINES REGARDING AN UNPERMITTED POOL ENCLOSURE BROUGHT INTO COMPLIANCE MAY 2, 2012 WITH THE CURRENT OWNERS HAVING PAID OPERATIONAL COSTS Page 271 October 23, 2012 Item #16A7 A COMPLETE DATA UPDATE REQUIRED FOR THE FLOODPLAIN MANAGEMENT PLAN THAT WILL BE BROUGHT BACK TO THE BOARD FOR APPROVAL AND ADOPTION AT THE DECEMBER 11, 2012 MEETING — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A8 CONTRACT #13-5994 WITH EASTMAN AGGREGATE ENTERPRISE, LLC FOR SAND DELIVERY AND PLACEMENT FOR THE COMBINATION UNIT COST/LUMP SUM PRICE OF $430,828 AND THE DIRECT PURCHASE OF 33,600 TONS OF SAND FROM STEWART MINING FOR THE AMOUNT OF $243,600 FOR THE VANDERBILT & NAPLES BEACH EMERGENCY BEACH RENOURISHMENT PROJECT FOR A $674,428 TOTAL COST THAT EXCEEDS ESTIMATES BY $24,428 — RENOURISHING THE BEACH FROM LA PLAYA TO JUST SOUTH OF THE RITZ, APPROXIMATELY 4,000 LINEAR FEET ON VANDERBILT BEACH; AND 2,500 LINEAR FEET ON NAPLES BEACH FROM LOWDERMILK PARK TO JUST SOUTH OF NAPLES GOLF AND BEACH CLUB OF BEACH Item #16C1 WAIVE A NOTICE TO PROCEED REQUIREMENT TO APPROVE A PAYMENT OF $16,956.05 TO KYLE CONSTRUCTION FOR IMPROVEMENTS TO MASTER PUMPING STATION 321, PROJECT #70050 — UNDER TERMS OF CONTRACT #08-5011 THE PROJECT WAS STARTED Page 272 October 23, 2012 PRIOR TO COUNTY STAFF ISSUING NOTICE TO PROCEED Item #16D1 MODIFICATION #6 TO THE SUBGRANT AGREEMENT BETWEEN FLORIDA'S DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY, FOR DISASTER RECOVERY INITIATIVE GRANT AGREEMENT #10DB-D4-09- 21-01-K09, ADDING A NEW HURRICANE HARDENING PROJECT FOR COUNTY-OWNED GILCHRIST APARTMENTS, EXTENDING THE SUBGRANT AGREEMENT & AMENDING ASSOCIATED SUBRECIPIENT AGREEMENTS TO EXTEND THE COMPLETION DEADLINES AND MODIFY WORK PLANS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D2 CORRECTING THE MORTGAGE AND NOTE MODIFICATION TO A STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOAN AGREEMENT WITH THE SHELTER FOR ABUSED WOMEN OF COLLIER COUNTY TO CORRECT A SCRIVENER'S ERROR IN THE REPAYMENT TERMS, CHANGING THE LEGAL NAME AND CONSIDER THE SHELTER IN GOOD STANDING WITH THEIR MORTGAGE — AN ERROR WAS MADE THAT STATED THE PROMISSORY REPAYMENT WOULD BE PAYABLE MONTHLY RATHER THAN ANNUALLY AS ORIGINALLY APPROVED Item #16D3 RELEASE OF LIEN ON A 2006 100 % IMPACT FEE DEFERRAL AGREEMENT FOR OWNER-OCCUPIED AFFORDABLE Page 273 October 23, 2012 HOUSING THAT WAS REPAID IN FULL — FOR PAYMENT OF $8,712.70 IN RELATION TO FORECLOSURE CASE #10-51-7-CA ON PROPERTY AT 4510 BOTANICAL PLACE CIRCLE, UNIT 404 AND DISMISSING THE COUNTY IN FORECLOSURE ACTION Item #16D4 CONSERVATION COLLIER'S ANNUAL REPORT PROVIDING THE BOARD OF COUNTY COMMISSIONERS AND PUBLIC AN UPDATE ON THE PROGRAM'S PAST ACTIVITIES — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D5 APPROVE AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER, INC. BY EXTENDING THE GRANT AGREEMENT PERIOD, REQUIRING COMPLIANCE WITH HUD GRANT B-11-UC-12-0016, AND UPDATING THE PROJECT WORK PLAN — EXTENDING THE PROJECT DATE TO MARCH 31, 2012 Item #16D6 — Continued to the November 13, 2012 BCC Meeting (Per Agenda Change Sheet) RECOGNIZING $199,478.74 IN PROGRAM REVENUE GENERATED WHEN CONVEYING PROPERTIES ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP1) — FOR PROPERTY SOLD AT 4437 54TH AVENUE NE, NAPLES; 4910 42ND STREET NE, NAPLES AND 5031 32ND Page 274 October 23, 2012 AVENUE SW, NAPLES AND $19,947.87 IN ADMINISTRATIVE COSTS FOR NET PROCEEDS OF $179,530.87 THAT WILL BE USED FOR OTHER ELIGIBLE NSP ACTIVITIES Item #16D7 THREE MEMORANDUMS OF AGREEMENT WITH FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) ALLOWING FWC TO CONDUCT YOUTH HUNTS FOR COLLIER COUNTY RESIDENTS AT THE PEPPER RANCH PRESERVE IN NOVEMBER 2012, JANUARY 2013 AND FEBRUARY 2013 — FOR THE DATES NOVEMBER 9-11, 2012; JANUARY 11-13, 2013 AND FEBRUARY 22-24, 2013 Item #16D8 RESOLUTION 2012-192: ESTABLISHING FEES FOR THE NEW SMARTCARD PROGRAM, MEMORIALIZING A FARE INCREASE AND MONTHLY DISCOUNT FOR COUNTY EMPLOYEES PREVIOUSLY APPROVED BY THE BOARD IN 2006 AND ESTABLISHING THE CAT FEE SCHEDULE — THE SMARTCARD IS SIMILAR TO A PREPAID BUS PASS THAT A PASSENGER CAN LOAD MONEY ON TO USE ON WEEKLY OR MONTHLY PASSES WITH INITIAL FEES COLLECTED TO COVER ADMINISTRATIVE COSTS AND THE COUNTY'S COST TO PURCHASE THE CARDS Item #16D9 AFTER-THE-FACT SUBSTANTIAL AMENDMENT OF THE FY2008 HUD ACTION PLAN TO ALLOW PAYMENT TO THE CITY OF NAPLES FOR A COMPLETED COMMUNITY Page 275 October 23, 2012 DEVELOPMENT BLOCK GRANT-RECOVERY (CDBG-R) PROJECT — TO FINALIZE THE GRANT FUNDED SIDEWALK INSTALLATION PROJECT ON THIRD AVENUE NORTH IN THE RIVER PARK COMMUNITY Item #16D10 ACCEPTING A SAFE HAVENS SUPERVISED VISITATION AND SAFE EXCHANGE GRANT IN THE AMOUNT OF $350,000 FROM US DEPARTMENT OF JUSTICE, OFFICE ON VIOLENCE AGAINST WOMEN AND A BUDGET AMENDMENT RECOGNIZING REVENUE — COLLIER COUNTY'S HOUSING, HUMAN AND VETERAN SERVICES WILL SERVE AS FISCAL ENTITY AND RECEIVE $31,015.00 FOR ADMINISTRATION AND PARTNER WITH THE SHELTER OF ABUSED WOMEN & CHILDREN, THE DAVID LAWRENCE CENTER, LEGAL AID SERVICES, THE TWENTIETH JUDICIAL CIRCUIT COURT AND COLLIER COUNTY'S CHILD ADVOCACY COUNCIL TO PROVIDE: VISITATION SERVICES FOR A MINIMUM OF 255 FAMILIES; ADVOCACY SERVICES FOR 100% OF ADULT VICTIMS; TRAINING FOR VISITATION STAFF, LOCAL LAW ENFORCEMENT AND COURT REPRESENTATIVES ON DOMESTIC VIOLENCE AND CHILD ABUSE AND NEGLECT Item #16D1 I LETTER OF UNDERSTANDING WITH LARRY RAY, COLLIER COUNTY'S TAX COLLECTOR, OUTLINING THE TAX COLLECTOR'S AND LIBRARY'S JOINT USE OF THE SATELLITE FACILITY IN EVERGLADES CITY, FLORIDA — FOR THE PERIOD OCTOBER 1, 2012 — SEPTEMBER 30, 2013 Page 276 October 23, 2012 Item #16D12 AGREEMENTS BETWEEN THE COUNTY AND AGENCY FOR HEALTH CARE ADMINISTRATION FOR ADDITIONAL ELIGIBLE FUNDING THAT MAY BE LEVERAGED UNDER ALTERNATIVE INTERGOVERNMENTAL TRANSFER PROGRAMS; ANY ADDITIONAL FUNDING IS BUDGETED IN THE FY 13 APPROVED BUDGET & EXECUTED AGREEMENTS WILL BE BROUGHT TO THE BOARD FOR RATIFICATION — REVISING AGREEMENTS APPROVED OCTOBER 9, 2012 TO ACQUIRE ADDITIONAL FUNDING Item #16E1 CONTRACT #12-5813 "WELLNESS PROGRAM BIOMETRIC MEASUREMENT AND LABORATORY TESTING SERVICES WITH QUEST DIAGNOSTICS" IN THE ESTIMATED AMOUNT OF $259,380 PER YEAR — FOR COLLIER COUNTY GROUP HEALTH PLAN SERVICES FOR THE AGREEMENT PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2016 Item #16E2 CONTRACT #12-5920 — 3RD PARTY ADMINISTRATION OF PROPERTY, CASUALTY AND WORKERS' COMPENSATION INSURANCE WITH JOHNS EASTERN COMPANY, INC. IN THE ESTIMATED AMOUNT OF $113,278 PER YEAR AND RETROACTIVELY APPROVE EXTENDING THE CURRENT AGREEMENT WITH JOHNS EASTERN COMPANY FROM 10/1/12 TO 12/31/12 FOR THE AMOUNT OF $20,200 — A THREE (3) YEAR AGREEMENT BEGINNING JANUARY 1, 2013 WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL Page 277 October 23, 2012 1-YEAR PERIODS Item #16E3 AFTER-THE-FACT APPROVAL OF A FEDERAL EMERGENCY MANAGEMENT AGENCY STAFFING FOR ADEQUATE FIRE & EMERGENCY RESPONSE (SAFER) GRANT APPLICATION IN THE AMOUNT OF $610,720 TO HIRE FOUR FIREFIGHTERS FOR A LIMITED TIME PERIOD FOR THE ISLES OF CAPRI FIRE RESCUE DISTRICT — FOR A 2-YEAR PERIOD FUNDED 100% BY THE FEMA GRANT THAT IF AWARDED WILL BE APPLIED FOR AGAIN IN 2-YEARS TO MAINTAIN THE HIGHER LEVEL OF SERVICE Item #16E4 AFTER-THE-FACT APPROVAL OF A FEDERAL EMERGENCY MANAGEMENT AGENCY STAFFING FOR ADEQUATE FIRE & EMERGENCY RESPONSE (SAFER) GRANT APPLICATION IN THE AMOUNT OF $916,080 TO HIRE SIX FIREFIGHTERS FOR A LIMITED TIME PERIOD FOR THE OCHOPEE FIRE CONTROL DISTRICT — WILL HELP PROVIDE ADDITIONAL MANPOWER FOR SIMULTANEOUS EMERGENCIES IN EVERGLADES AND PORT OF THE ISLES COMMUNITIES WHEN RESPONSE TIMES ARE PROLONGED BECAUSE OF TRAVEL DISTANCE AND IF AWARDED WILL BE APPLIED FOR AGAIN IN 2-YEARS TO MAINTAIN THIS HIGHER LEVEL OF SERVICE Item #16E5 PURCHASING CISCO SMARTNET MAINTENANCE Page 278 October 23, 2012 AGREEMENTS FROM CDW-G FOR CISCO HARDWARE AND SOFTWARE IN THE AMOUNT OF $158,242 UTILIZING STATE OF FLORIDA'S CONTRACT #250-000-09-1 — USED BY THE IT DEPARTMENT FOR TECHNOLOGY INFRASTRUCTURE AND MAINTENANCE SUPPORT Item #16E6 AWARDING GROUP VISION DISCOUNT COVERAGE TO VISION SERVICE PLAN (VSP) FOR A 3-YEAR PERIOD THAT BEGINS JANUARY 1, 2013 IN AN ESTIMATED ANNUAL AMOUNT OF $40,930 — VSP PROVIDED THE LOWEST RATE, COVERAGE TERMS MEETING OR EXCEEDING THE CURRENT PROGRAM, A HIGHER OUT OF NETWORK PAYMENT AND THE BROADEST PROVIDER NETWORK INCLUDING ACCESS TO WALMART AND SAM'S CLUB (UNAVAILABLE UNDER THE CURRENT PROGRAM) Item #16E7 ACCEPT REPORTS & RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR THE PERIOD AUGUST 23, 2012 THROUGH SEPTEMBER 19, 2012 Item #16E8 RESOLUTION 2012-193: AUTHORIZING REMOVAL OF 8,408 AMBULANCE SERVICE ACCOUNTS AND THEIR ACCOUNTS RECEIVABLE BALANCES THAT TOTAL $5,515,177.55 AND RECORDED AS A BAD DEBT EXPENSE DURING FY09 — DEBT THAT'S CONSIDERED UNCOLLECTIBLE FOR REASONS INCLUDING PATIENTS WHO CAN'T BE LOCATED, Page 279 October 23, 2012 SERVICES FOR TRANSIENTS OR MIGRANTS, PATIENTS WHO DIE WITH NO ASSETS, BANKRUPTCIES, ETC. Item #16E9 BUDGET AMENDMENT RECOGNIZING $944.95 IN CARRYFORWARD FROM FY12 FOR GOODLAND HORR'S ISLAND MSTU FUND — DUE TO INCREASED AD VALOREM REVENUE AND IN ACCORDANCE WITH AN INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF MARCO ISLAND FOR FIRE PROTECTION SERVICES Item #16E10 — Added (Per the Agenda Change Sheet) EXTENDING THE CURRENT AMBITRANS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM OCTOBER 24, 2012 TO DECEMBER 13, 2012 OR UNTIL RENEWAL CAN BE SCHEDULED ON A BOARD AGENDA Item #16F1 — Moved to Item #11K (Per the Agenda Change Sheet) Item #16F2 CONTRACT #12-5895, "IMPACT FEE STUDY" TO TINDALE- OLIVER AND ASSOCIATES, INC. — A 4-YEAR CONTRACT NOT EXCEEDING THE $950,000 ESTIMATED AMOUNT FOR CONSULTING SERVICES INCLUDING IMPACT PEE UPDATE STUDIES, INDEX CALCULATION UPDATES, INDEPENDENT AND ALTERNATIVE FEE CALCULATION REVIEW AND ATTENDANCE AND PRESENTATIONS AT MEETINGS Item #16F3 Page 280 October 23, 2012 RESOLUTION 2012-194: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FY2012-2013 ADOPTED BUDGET Item #16F4 — Moved to Item #11L (Per the Agenda Change Sheet) Item #16G1 BOARD OF COUNTY COMMISSIONERS, ACTING IN ITS CAPACITY AS COLLIER COUNTY'S AIRPORT AUTHORITY, APPROVES AN ASSUMPTION AGREEMENT WITH AIR EXPEDITIONS, INC. FOR FACILITIES AND SPACE AT THE MARCO ISLAND EXECUTIVE AIRPORT— AN AGREEMENT WAS EXECUTED AUGUST 29, 2012 SELLING MARCO AVIATION TO ROBERT DELLAERT, PRESIDENT OF AIR EXPEDITIONS, INC. WITH THE ANTICIPATED CLOSING DATE OF NOVEMBER 30, 2012 AND AN AMENDMENT IS NECESSARY THAT WILL REFLECT THE NEW OWNERSHIP EFFECTIVE DECEMBER 1, 2012 Item #16G2 BOARD OF COUNTY COMMISSIONERS, ACTING IN ITS CAPACITY AS COLLIER COUNTY'S AIRPORT AUTHORITY, APPROVES THE FIRST AMENDMENT TO A SUB-LEASE AGREEMENT WITH RAVEN AIR LLC, DB/A ISLAND HOPPERS AERIAL ADVENTURES FOR FACILITIES AND SPECIALIZED AVIATION SERVICE OPERATIONS AT THE MARCO ISLAND EXECUTIVE AIRPORT — THE RAVEN AIR 3-YEAR SUB-LEASE AGREEMENT HAS BEEN MONTH-TO- Page 281 October 23, 2012 MONTH SINCE JUNE 1, 2012 AND THE AIRPORT AUTHORITY AND TENANT WISH TO EXTEND THE AGREEMENT TO JUNE 1, 2014, AND AMEND OTHER PROVISIONS OF THE AGREEMENT THAT INCLUDE ALLOWING THE TENANT TO PROVIDE AIRCRAFT CHARTER & TAXI SERVICE AND GIVE UP THEIR USE OF T-HANGAR UNIT B-8 Item #16G3 SITE LICENSE AGREEMENT WITH IMMOKALEE CHAMBER OF COMMERCE AT IMMOKALEE REGIONAL AIRPORT TO USE OPEN AREA AT THE SOUTHWEST PORTION OF THE AIRPORT FOR A HARVEST FESTIVAL APRIL 12-14, 2013 Item #16G4 AIRPORT AUTHORITY'S EXECUTIVE DIRECTOR LEASE OF EXHIBIT SPACE AT THE 39TH ANNUAL SUN `N FUN FLY-IN EVENT PARTNERING WITH SEMINOLE CASINO TO CREATE A COOPERATIVE RELATIONSHIP TO PROMOTE AVIATION AND THE CASINO THROUGH JOINT ATTENDANCE AT THE AIR SHOW — WILL BE HELD APRIL 9-14, 2013 IN LAKELAND, FLORIDA WITH TRAVEL EXPENSES REIMBURSED BY THE SEMINOLE CASINO Item #16H1 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED GREATER NAPLES CHAMBER OF COMMERCE 2012 EXCELLENCE IN INDUSTRY AWARDS GALA CELEBRATION SEPTEMBER 20, 2012 AT NAPLES Page 282 October 23, 2012 HILTON. $50 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET — LOCATED AT 5111 TAMIAMI TRAIL N. Item #16H2 REQUEST APPROVAL TO ATTEND A FUNCTION SERVING A VALID PUBLIC PURPOSE — FOR COMMISSIONER(S) AND STAFF TO ATTEND FLORIDA ASSOCIATION OF COUNTIES (FAC) LEGISLATIVE CONFERENCE NOVEMBER 28-30, 2012 Item #16H3 PROCLAMATION DESIGNATING NOVEMBER, 2012 AS PANCREATIC CANCER AWARENESS MONTH IN COLLIER SPONSORED BY THE BOARD OF COUNTY COMMISSIONERS AND WILL BE MAILED TO THE PANCREATIC CANCER ACTION NETWORK — ADOPTED Item #16H4 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE GOODLAND VILLAGE ARTS ALLIANCE LUNCHEON ON OCTOBER 5, 2012; $13.25 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT CJ'S ON THE BAY, 740 NORTH COLLIER BOULEVARD Item #16H5 CHAIRMAN TO SIGN A LETTER OF SUPPORT FOR THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (SWFRPC) 5-YEAR UPDATE FOR THEIR COMPREHENSIVE Page 283 October 23, 2012 ECONOMIC DEVELOPMENT STRATEGY DOCUMENT APPROVED AT THE SEPTEMBER 20, 2012 SWFRPC MEETING Item #16H6 COMMISSIONER HILLER'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE NAPLES EQUESTRIAN CHALLENGE BOOTSTRAP BOOGIE BARN DANCE ON NOVEMBER 10, 2012 AT THE NEC ARENA, 206 RIDGE DRIVE, NAPLES, FL; $100 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET Item #16J1 DISBURSEMENTS FOR THE PERIOD SEPTEMBER 22, 2012 THROUGH SEPTEMBER 28, 2012 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD SEPTEMBER 29, 2012 THROUGH OCTOBER 5, 2012 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J3 — Added (Per the Agenda Change Sheet) PURSUANT TO SECTION 197.323, FLORIDA STATUTES, THE TAX COLLECTOR REQUESTS EXTENSION OF THE 2012 TAX ROLL TO ALLOW HIS OFFICE TIME TO RESOLVE ANY TAX LIABILITY ISSUES FROM THE DELAYED DELIVERY OF FINAL TAX INFORMATION BY PROPERTY APPRAISER DUE Page 284 October 23, 2012 TO VALUE ADJUSTMENT BOARD HEARINGS CONTINUING INTO 2013 THAT COULD ALTER FINAL TAX INFORMATION Item #16K1 SETTLEMENT AGREEMENT PRIOR TO TRIAL IN THE LAWSUIT ENTITLED DARLING ELIE, INDIVIDUALLY AND AS GUARDIAN OF JADARRIEN ELIE, A MINOR CHILD V. COLLIER COUNTY, ET. AL., FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 07-1463-CA FOR THE SUM OF $334, TO SETTLE THE CONSORTIUM CLAIM FOR THE MINOR CHILD — FOR A 2004 TRAFFIC ACCIDENT AND IN WHICH THE PLAINTIFF'S CLAIMS REMAIN WITH A TRIAL EXPECTED IN 2013 Item #16K2 COUNTEROFFER OF $2,500 TO THE BUSINESS DAMAGE CLAIM MADE BY FLORIDAN FOODS, LLC, FOR PARCELS 166DE & 166TCE IN THE LAWSUIT STYLED COLLIER COUNTY V. HOLISTIC HEALTH HEALING, INC., ET AL., CASE NO. 12-CA-1756 (U.S. 41 DITCH/LASIP PROJECT NO. 51101) (FISCAL IMPACT $2,500) — D/B/A GREEN STORES FOOD MART #106, ON THE CORNER OF US41 AND MARTIN STREET IN THE NAPLES MANOR AREA FOR A 649 SQ. FT DRAINAGE EASEMENT AND A 1,260 SQ. FT. 24-MONTH TEMPORARY CONSTRUCTION EASEMENT OWNED BY L & R, RAM, LLC AND WITH FULL COMPENSATION FOR THE TAKING STILL PENDING Item #16K3 Page 285 October 23, 2012 FINAL SETTLEMENT OF A CLASS ACTION LAWSUIT TITLED CINQUEGRANA V. COLLIER COUNTY, ET AL., INVOLVING RED LIGHT CAMERAS (COLLIER COUNTY CIRCUIT COURT CASE NO. 09-7628-CA) — THE COUNTY'S PAYMENT UNDER THE SETTLEMENT IS 52% OF THE TOTAL $224,927.90 OR $116,962.51; THE ATS DEFENDANTS ARE COLLECTIVELY RESPONSIBLE FOR 48% OF THE AMOUNT OR $107,965.39; EACH PERSON THAT OPTED INTO THE LAWSUIT RECEIVED PAYMENT OF $16.16 Item #16K4 AN OFFER OF JUDGMENT TO RESPONDENT, NAPLES GATEWAY ESTATES, INC. FOR PARCEL NO. 204DAME IN THE AMOUNT OF $3,860 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOHN D. LAWRENCE, ET AL., CASE NO. 11-3207- CA (LASIP OUTFALLS 3 & 4 PROJECT NO. 51101) (FISCAL IMPACT $1,000) — FOR A 1.03-ACRE DRAINAGE, ACCESS & MAINTENANCE EASEMENT Item #16K5 AN OFFER OF JUDGMENT TO RESPONDENT, MYRTLE CHASE, LLC FOR PARCEL NO. 206DAME IN THE AMOUNT OF $9,960 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOHN D. LAWRENCE, ET AL., CASE NO. 11-3207-CA (LASIP OUTFALLS 3 & 4 PROJECT NO. 51101) (FISCAL IMPACT $1,660) — FOR A .291 ACRE DRAINAGE, ACCESS & MAINTENANCE EASEMENT Item #16K6 — Moved to Item #12B (Per Commissioner Hiller during Agenda Changes) Page 286 October 23, 2012 Item #17A RESOLUTION 2012-195: PETITION VAC-PL20120001606, TO DISCLAIM, RENOUNCE AND VACATE COUNTY AND PUBLIC INTEREST IN A PORTION OF STATE ROAD 29, (A.K.A. COPELAND AVENUE SOUTH) A 200-FOOT PUBLIC ROAD RIGHT-OF-WAY, A PART OF SECTION 23, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A Item #17B RESOLUTION 2012-196: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FY2012-13 ADOPTED BUDGET Page 287 October 23, 2012 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:28 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UN ►FR ITS CONTROL )■_, \ FRED COYLE, CHAIRM '\N ATTEST DWIP.-IT E. BROCK, CLERK I 4;1-:(;',i, t _0- . Tl( e rotes appr ed by the Board on q I) 2012. , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 288