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BCC Minutes 02/26/2013 R BCC REGULAR MEETING MINUTES FEBRUARY 26, 2013 February 26, 2013 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 26, 2013 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: CHAIRWOMAN: Georgia A. Hiller Tom Henning Tim Nance Fred Coyle Donna Fiala ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Clerk's Finance Director Mike Sheffield, Business Operations — CMO Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority oi I 1i L 'I, Oj ` N. AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 February 26, 2013 9:00 AM Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2 Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3 Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Fred W. Coyle - BCC Commissioner, District 4 Tim Nance - BCC Commissioner, District 5; CRAB Vice-Chairman 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 February 26,2013 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Jonathan Evans - First Presbyterian Church of Naples 2. AGENDA AND MINUTES A. Approval of today's regular agenda as amended. B. Approval of today's consent agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) C. Approval of today's summary agenda as amended (Ex Parte Disclosure provided by Commission members for summary agenda.) Page 2 February 26, 2013 D. January 22, 2013 - BCC/Regular Meeting E. February 5, 2013 - BCC/Airport Authority Workshop F. February 5, 2013 - BCC/Workshop on Meeting Schedules and Board Office Restructuring 3. SERVICE AWARDS A. EMPLOYEE 1) 20 Year Attendees a) Jim Riley, Road Maintenance Department B. 25 Year Attendees a) Judy Puig, Growth Management b) Kevin Hendricks, Transportation Engineering Dept. c) William Craig, Water Department d) Valerie Thorsen, EMS C. 30 Year Attendees a) Gary Hamm, Road Maintenance Department b) Gregorio Flores, Water Department D. 35 Year Attendees a) Jodi Walters, Solid Waste Department 4. PROCLAMATIONS Page 3 February 26, 2013 A. Proclamation designating March 10, 2013 as the Duane Billington Day of Remembrance in Collier County in recognition of his contributions to the community. 5. PRESENTATIONS A. Recommendation to recognize Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Department, as the Employee of the Month for February 2013. 6. PUBLIC PETITIONS A. Public petition request from Richard Van Deelen requesting that the Board give direction for an analysis of a Municipal Services Benefit Unit (MSBU) for the La Peninsula Condominium residents to replace the Sea Wall. B. Public Petition request from Randall J. Cohen regarding practices and procedures. C. Public Petition request from Pedro Jesus Romero-Menendez regarding matters concerning Immokalee. 7. PUBLIC COMMENTS ON GENERAL TOPICS Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Collier County Planning Commission. B. Appointment of member to the Airport Authority Advisory Board. Page 4 February 26,2013 C. Re-appointment of a member to the Conservation Collier Land Acquisition Advisory Committee. D. Recommendation to re-advertise the vacancy on the Vanderbilt Beach Beautification MSTU Advisory Committee. E. This item to be heard at 10:30 a.m. Recommendation to adopt a Resolution in support of the Second Amendment to the Constitution of the United States. (Commissioner Henning) F. Recommendation that the Board of County Commissioners approves a Resolution formally declaring its intent to not increase the Tourist Development Tax. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT A. This item to be heard at 11:15 a.m. Recommendation to award Invitation to Bid (ITB) #13-5986R to Manhattan Construction, Inc., in the amount of $8,939,010 for the construction of the Gordon River Greenway Park Project #80065 and authorize the Chairwoman to execute the attached contract. (Barry Williams, Parks and Recreation Director) B. This item to be heard at 3:00 p.m. Recommendation to approve the proposed reallocation of current Tourist Development Tax funding to increase destination marketing efforts and the annual accumulation of reserves for major beach renourishment, to solicit recommendations from stakeholder groups prior to the Board's consideration of ordinance and/or policy changes, and to authorize Staff to draft documents for Board approval to implement said changes. (Jack Wert, Tourism Director) C. Recommendation to approve recognition of additional, uncommitted FY 12 Carry Forward up to $450,000 and all necessary budget amendments for additional destination marketing efforts and Tourism Department staff. (Jack Wert, Tourism Director) D. Recommendation to award Bid No. 13-6039 to Orion Marine Construction, Inc. in the amount of$1,754,884.72 for the Wiggins Pass Channel Straightening Project and approve necessary budget amendment. (Gary McAlpin, Coastal Zone Management) Page 5 February 26, 2013 E. Recommendation to approve the Atkins North America peer review of the Coastal Planning and Engineering volume design for the 2013/14 beach renourishment project and approve the proposed project bid form and bidding approach. (Gary McAlpin, Coastal Zone Management) F. Recommendation to accept staffs progress report for locating a potential All Terrain Vehicle (ATV) Park site and that the Board of County Commissioners approve two alternate members to the seven member All Terrain Vehicle (ATV) Park Site Ad Hoc Committee. (Nick Casalanguida, Growth Management Administrator) G. Recommendation to adopt the Fiscal Year 2014 Proposed Budget Policy. (Mark Isackson, Corporate Finance and Management Services Director) H. Recommendation to award bid number 13-6026, "NCRWTP Membrane Replacement and Inter-stage Booster Project," to Poole and Kent Company of Florida in the amount of$1,564,000, and to authorize a budget amendment in the amount of$300,000 for Project Number 71057. (Tom Chmelik, Planning & Project Management Director) This item has been continued from the February 12, 2013 BCC meeting: Recommendation to adopt a resolution authorizing the condemnation of those perpetual and temporary easement interests necessary for the construction of stormwater improvements known as the "Haldeman Creek and Crown Pointe Weirs" segment of the Lely Area Stormwater Improvement Project. (Project No. 51101.) Estimated fiscal impact: $117,000. (Margaret Bishop, Transportation Engineering Sr. Project Manager) 12. COUNTY ATTORNEY'S REPORT A. 12:00 P.M. Time Certain Notice of Closed Session. Notice is hereby given that, pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, FEBRUARY 26, 2013. The session will be held at a time certain of 12:00 p.m., in the Commission's Office Conference Room, 3rd Floor, W. Harmon Turner Administration Building F, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, 34112. In Page 6 February 26,2013 addition to Board members, County Manager Leo Ochs, and County Attorney Jeffrey Klatzkow will be in attendance. The Board in closed executive session will discuss: Strategy session related to settlement negotiations and litigation expenditures in the pending cases of: Jerry Blocker, et al. v. Collier County, Case No. 08-9355-CA, and Collier County v. Jerry Blocker, et al., Case No. 09-1281-CA, in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida. B. 1:00 P.M. Time Certain Return from Closed Session. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and litigation expenditures in the pending cases of: Jerry Blocker, et al. v. Collier County, Case No. 08-9355-CA, and Collier County v. Jerry Blocker, et al., Case No. 09-1281-CA, in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 2:00 p.m. Presentation by the Clerk of the Circuit Court regarding audit report 2012-2 Collier County Airport Authority: Marco Island Executive Airport—Limited Scope: Marco Island Parallel Taxiway Expansion—FAA and FDOT Grant Funding. B. This item to be heard immediately following Item #13A. Presentation by the Clerk of the Circuit Court regarding audit report 2012-7 Parks and Recreation Immokalee Payroll. C. This item to be heard immediately following Item #13B. Presentation by the Clerk of the Circuit Court regarding audit report 2012-8 Parks and Recreation Immokalee Sport Complex: Cash Counts: 2011 Fiscal Year End and 2012 Follow-Up. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY Page 7 February 26, 2013 1) Recommendation to approve a Resolution to extend the Immokalee Interim LDC Deviation provisions to a specific date. 2) Recommendation that the Collier County Board of County Commissioners (BCC) acting as the Collier County Community Redevelopment Agency (CRA) approve the attached Local Governmental Agreement between The South Florida Water Management District and the CRA and approve all necessary budget amendments to recognize the revenue. 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 waive competition in the best interest of the County and approve the hiring of Wilcox Appraisal Services for the appraisal of improved residential parcels required for the acquisition of right-of-way necessary for the four-laning of Golden Gate Boulevard east of Wilson Boulevard (Project No. 60040.) 2) Recommendation to approve a purchase agreement for the acquisition of right-of-way required from the Collier County Water-Sewer District for the construction of capital improvements at the intersection of US 41 and Collier Boulevard. (Project No. 60116) Estimated Fiscal Impact: $180,200. 3) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Heritage Bay Unit Three, Application Number AR-PPL-9903 with the roadway and drainage improvements being privately maintained; authorizing the release of the maintenance security and acceptance of the plat dedications. Page 8 February 26,2013 4) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Heritage Bay Phase 2A Application Number AR-PPL-8346 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. 5) Recommendation to award Bid No. 13-6011 to Florida Marine Construction, Inc, in the amount of$728,578 for the construction of the South Marco Beach Erosion Control Structures Project No. 80211. 6) Recommendation to award Bid No. 13-6009 to Cavache, Inc, in the amount of$630,185 for the South Marco Beach Sand Renourishment Project No. 80211. 7) Recommendation to approve a Work Order to Atkins North America, Inc. to conduct Post-Tropical Storm Isaac physical beach monitoring of Collier County main beaches under Contract No. 09-5262-CZ for a lump sum amount of$59,800 and authorize the County Manager or his designee to execute the Work Order. 8) Recommendation to approve a Work Order for the physical monitoring of Doctors Pass by Atkins North American, Inc. under Contract No. 09-5262-CZ for a lump sum amount of$22,012 and authorize the County Manager or his designee to execute the Work Order. 9) Recommendation to approve and authorize the Chairman to sign (1) a Landscaping Installation and Highway Maintenance Agreement ("Agreement") with the Florida Department of Transportation (FDOT) for a landscape planting buffer along Davis Blvd.; (2) a Resolution evidencing that the Board has approved and authorized the Chairman to sign this Agreement; and (3) Collier County Landscape Maintenance Agreement between Collier County and Naples Heritage Golf and Country Club. 10) Recommendation to approve Change Order No. 5 to Contract #09- 5278 in the amount of$350,000 and for an additional 413 days (Phase I) with Stanley Consultants, Inc., for Design & Related Services for the Intersection Capacity Improvements to the US 41 and SR/CR 951 Page 9 February 26,2013 Intersection and Resurfacing, Restoration and Rehabilitation (3R) roadway improvements to SR 951; Project#60116. 11) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of the 30-foot easements for public road right-of-way as recorded in Official Record Book 3537, Page 1017, Official Record Book 764, Page 1667 and Official Record Book 166, Page 752, of the Public Records of Collier County, Florida. Application No. AVESMT- PL20120002638. 12) Recommendation to accept a Speed Limit Study Report and adopt a Resolution authorizing raising the speed limit on County Line Road (CR 858) from Oil Well Road to Immokalee Road (CR 846) from 45 (forty-five) mph to 55 (fifty-five) mph at a cost of approximately $400. 13) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of a 15-foot wide Drainage Easement, being a part of Lots 77 and 78, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida. Application No. VAC- PL20120002668. 14) This item has been continued from the February 12, 2013 BCC meeting. Recommendation to approve after the fact disposal of surplus property associated with the Gateway Triangle Stormwater Improvements Phase II, Contract #10-5366, Project#51803. 15) This item continued from the February 12, 2013 BCC Meeting. Recommendation to approve $350,000 in eligible costs for the FY13 Hideaway Beach erosion control structure project based on the January 16, 2013 Proportionality Analysis conducted by Coastal Engineering Consultants and reviewed by Collier County staff, make Page 10 February 26,2013 a finding that this item promotes tourism and approve necessary budget amendments. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners approve a budget amendment to the Collier County Community Redevelopment Agency - Bayshore Gateway Triangle Fund (187) budget that reestablishes funding for post design engineering services for the Gateway Triangle Residential Area Tertiary Stormwater Project. 2) Recommendation to award Invitation to Bid (ITB) #12-5966 — Carson Road Sidewalk Improvements to Quality Enterprises USA, Inc. in the amount of$134,395.77 and authorize the Chairwoman to execute the attached agreement. 3) Recommendation that the Collier County Board of County Commissioners (BCC) acting in its capacity as the Community Redevelopment Agency (CRA) approve the after-the-fact submittal of the attached Disaster Recovery Inititative (DRI) grant application to the Collier County Department of Housing, Human and Veteran Services (HEWS) seeking grant funding in the amount of$503,900 for the installation of sidewalks and drainage system improvements in the Immokalee Central Business District. 4) Recommendation to provide approval of the submission of the attached Community Development Block Grant (CDBG) Application to Collier County Housing and Human Service Department seeking additional grant funding in the amount of$83,000 to support further implementation of the services provided by the Immokalee Business Development Center (IBDC) and authorize the Chairman of the CRA Board to execute a Subrecipient Agreement accepting the grant. C. PUBLIC UTILITIES DIVISION 1) Recommendation to award Agreement Number 12-5972, Lime Sludge Hauling and Disposal, to Prolime Corporation. Page 11 February 26, 2013 2) Recommendation to approve selection committee rankings and enter into negotiations with AECOM USA, Inc., for a contract for Request for Proposal No. 13-6010, "Public Utilities Master Plan," Project Number 70031. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve one (1) satisfaction of mortgage for State Housing Initiatives Partnership Program (SHIP) in accordance with the Board's Short Sale Policy. 2) Recommendation to adopt the incentive strategies as recommended by the Affordable Housing Advisory Committee to be incorporated in the 2013-2016 Local Housing Assistance Plan (LHAP) under the State Housing Initiatives Partnership (SHIP) Program to be approved by the Board at a future date. 3) Recommendation to approve two (2) satisfactions of mortgage for the repayment of loans awarded through the State Housing Initiatives Partnership "SHIP" Purchase Assistance program in the amount of $5,500. 4) 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. 5) Recommendation to award Bid #13-5991 for Comcast Underground Conversion Gulfshore Drive to Cable Wiring Specialists Inc., in the amount of$347,535.46. 6) Recommendation to approve budget amendment recognizing recovery of County funds in connection with a claim involving a Collier Area Transit (CAT) bus shelter. 7) Recommendation to approve a Donation Agreement with Liebig Management, Inc. and to accept a Warranty Deed conveying 112 square feet, more or less (Miscellaneous Parcel # 99999-264FEE) for the purpose of constructing public transportation improvements. Page 12 February 26,2013 8) Recommendation to approve an exhibition agreement with the Mennello Museum of American Art in Orlando, Florida, and approve a budget amendment recognizing and appropriating the resulting revenue. 9) Recommendation to authorize the Chairman to sign modified Memorandums of Understanding (MOUs) with The Southwest Florida Workforce Development Board, Inc. for the delivery of the 21st Century Community Learning Centers swimming skills and drowning prevention programs "Miracle Plus 1 and Miracle Plus 2 program." 10) Recommendation to reject Invitation to Bid (ITB) #12-5962 Forest Lakes MSTU Sidewalk, Lighting & Landscape Beautification Project. 11) Recommendation to approve Change Order No. 2 to Contract #11- 5725 Public Relations Assistance with Lou Hammond & Associates, Inc. for professional public relations and marketing services for the Collier County Museums for an annual amount of$30,000. 12) Recommendation to approve a Resolution consenting to the transfer of an Affordable Housing Multifamily Development known as Saddlebrook Village Apartments located on Davis Boulevard and approving an Assignment and Assumption of the Affordable Housing Density Bonus Agreement. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004-15 for the first quarter of FY13. 2) Recommendation to allow Emergency Medical Services (EMS) to purchase medications off contract #09-5217 due to drug shortages and volatile pricing in the market and conduct a modified quote process. 3) Recommendation to approve settlement of the negligence claim of Liz Pfunder in the amount of$19,000 (Claim #22-02151201177). Page 13 February 26,2013 4) Recommendation to request proposals for purposes of analysis from East Naples Fire District and Marco Island Fire District for operational management of the Isles of Capri Fire District. F. COUNTY MANAGER OPERATIONS 1) Recommendation to authorize amendment #2 for Contract #09-5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for additional two (2) year term; and authorize the Chairwoman to approve the amendment. 2) Recommendation to authorize staff to prepare and submit Declarations of Continued Use to maintain service mark registrations with the United States Patent & Trademark Office to preserve the County's tourism related advertising, logos, phrases and slogans. 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 approve a report covering a budget amendment impacting reserves in an amount up to and including $25,000 and budget amendment moving funds. 5) Recommendation to approve Collier County Guiding Principles that apply to RESTORE Act funding and direct staff to coordinate a Selection Committee to review proposed projects. G. AIRPORT AUTHORITY 1) Recommendation to approve and authorize the Airport Authority's Executive Director to execute the attached Amendment to the Common/Cargo/Executive Hangar Lease Agreement between the Collier County Airport Authority and the Collier County Sheriffs Department to correct a scrivener's error. Page 14 February 26, 2013 2) Recommendation to direct the Airport Director to bring back in March a plan to reduce or eliminate the Annual Fund transfer and to pay back the County loan. (Commissioner Henning) H. BOARD OF COUNTY COMMISSIONERS 1) This item continued from the February 12, 2013 BCC Meeting. Commissioner Hiller requests for board approval for payment to attend a function serving a Valid Public Purpose. The Commissioner attended The Beach Ball Gala - Children's Advocacy Center on February 23, 2013. $100 to be paid from the Commissioner's travel budget. 2) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. The Commissioner will attend the event Laws of Life on February 27, 2013 at the Hilton of Naples, Florida. $45 to be paid from the Commissioner's travel budget. 3) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 2nd Annual Ave Maria University Scholarship Dinner on February 21, 2013. $107 to be paid from Commissioner Hiller's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Twin Thoughts One Message Luncheon on February 15, 2013. The sum of$60 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Creating Timeless Travel Memories Event on February 18, 2013. The sum of$25 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Page 15 February 26,2013 Attended the 12th Annual Men of Distinction Awards Celebration on February 7, 2013. The sum of$125 to be paid from Commissioner Fiala's travel budget. 7) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 2013 Foundation for the Developmentally Disabled Gala & Auction on February 23, 2013. The sum of$50 to be paid from Commissioner Fiala's travel budget. 8) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Naples Players 60th Anniversary Celebration on March 18, 2013. The sum of$100 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of January 26, 2013 through February 1, 2013 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of February 2, 2013 through February 8, 2013 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of February 9, 2013 through February 13, 2013 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement awarding full compensation, attorney fees and expert fees and costs in the amount of Page 16 February 26,2013 $101,286.30 for Parcels 156DE and 156TCE in the lawsuit styled Collier County v. Max Cap, Inc., et al., Case No. 12-CA-1749 (US 41 Ditch/Naples Manor Canal/LASIP Project #51101). (Fiscal Impact: $68,656.30). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20120002180, to disclaim, renounce and vacate the County and the Public interest in a portion of the unimproved Davila Street right-of-way, recorded in Official Record Book 144, pages 634-635, Official Record Book 183, page 359, and that part of Davila Street as shown on the plat of Green Heron Acres, recorded in Plat Book 22, page 70 of the Public Records of Collier County, Florida, being a part of Section 35, Township 48 South, Range 26 East, Collier County, Florida, all being a part of the Buttonwood Preserve RPUD, being more specifically shown in Exhibit "A". B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition AVPLAT- PL20120002420, to disclaim, renounce and vacate the County and the Public interest in a portion of the southerly 10 feet of an existing 20-foot drainage easement located in Tracts D and E, Northbrooke Plaza, as recorded in Plat Book 31, Pages 65 through 66, of the Public Records of Page 17 February 26, 2013 Collier County, Florida, located in Section 19, Township 48 South, Range 26 East, Collier County Florida, more specifically shown in Exhibit A. C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of a 12-foot wide Drainage & Utility Easement, being a part of Lots 30 and 31, Block 217 of Golden Gate Unit 6, Plat Book 5, Pages 124 through 134 of the Public Records of Collier County, Florida. Application No. VAC-PL20120002673. D. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20120002591, to remove the County's interest in an existing Drainage Easement, being a part of Tract "A" of 3500 Corporate Plaza, Plat Book 44, pages 23 through 24 of the Public Records of Collier County, Florida, being a part of Section 18, Township 49 South, Range 26 East, Collier County Florida, more specifically shown in Exhibit A. E. Recommendation to approve an Ordinance establishing a Public Transit Advisory Committee. F. Recommendation to adopt an amendment to Ordinance No. 2009-23, "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance," in order to allow the Chairman of the Board of County Commissioners to declare a burning ban on behalf of the Board in absentia and also clarify certain provisions of the Ordinance. G. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012-13 Adopted Budget. H. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012-13 Adopted Budget in connection with the Clerk's Pay Plan Adjustments. 18. ADJOURN Page 18 February 26,2013 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 19 February 26,2013 February 26, 2013 MR. OCHS: Madam Chair, you have a live mic. CHAIRWOMAN HILLER: Good morning. We're going to begin with the invocation and the Pledge of Allegiance. I'd like everyone to rise. Reverend Jonathan Evans will lead us in the invocation, and I'd like to ask Commissioner Coyle to lead us in the Pledge of Allegiance. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND EVANS: Thank you. Let us pray. We here today are among your called to work among your people and your land. We have heard and answered your summons. You have addressed us in the deep places of our lives, and in responsive obedience, we testify as we are able to your truth as it concerns the common life of Collier County. We thank you for the call, for the burden of that call, for the risk that goes with it, for the newness that sometimes comes from your word. May we be in the counsel of your summoning spirit, and so we know some truth to speak, to act. But we are, as well, filled with rich imagination of our own, and our imagination is sometimes matched and overmatched by our cowardice, by our readiness to please, by our quest for convenience over prudence. We are at times a hard mix of true servant and wayward squanderer, a mix of fulfilling your call and our hope for shalom. Here we are as we are mixed, compromised but committed, anxious but devoted. Use us and our gifts for your newness that pushes us beyond all that we can say or imagine. We are grateful for your words given to us for this work, for your work among us, as you have entrusted us to work among your people Page 2 February 26, 2013 and your creation. May we be captive only to you in our work. We humbly ask you to bless it, and may we be open to your blessing. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRWOMAN HILLER: County Manager? Item #2A APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED — APPROVED AND/OR ADOPTED WITH CHANGES — APPROVED MR. OCHS: Thank you, Madam Chair. Good morning, Commissioners. These are the proposed agenda changes for the Board of County Commissioners' meeting of February 26, 2013. The first proposed change is to withdraw Item 6A. It's a public petition, and that withdrawal is at the petitioner's request. The next proposed change is to continue Item 6B, which also is a public petition, to the March 12, 2013, BCC meeting. That request comes by the petitioner. The third proposed change is to withdraw Item 10A. It's an appointment to the Collier County Planning Commission. That withdrawal is made at Commissioner Hiller's request. The next proposed change is to continue Item 16A10 to the March 12, 2013, BCC meeting. That change is made at the staffs request. The next proposed change is to continue Item 16F1 to the March 12, 2013, BCC meeting. That's also a staff request. The next proposed change is to move Item 16G2 from your consent agenda and make that Item 14A1 under your regular airport Page 3 February 26, 2013 authority agenda, and that change is made at Commissioner Coyle's request. The next proposed change is to add on Item 16J4. This is an item approving disbursements for the period of February 14, 2013, through February 20, 2013. That add-on was made at the Clerk of the Court's request, and that item was delivered to the board last Friday. We have a few agenda notes this morning, Commissioners. The first is Item 11D. The county attorney requests that the board make a finding that this expenditure promotes tourism, and that is an expenditure having to do with the straightening of the Wiggins Pass Channel. The next note is on Item 16A11 . That is an item asking the board to set a hearing date to consider a future vacation of easements, and the title in the executive summary mistakenly said that ex parte disclosure was required on this item, and it is not. The next proposed change is 16A13, and it's an identical change. There was a reference in the index to requirement of ex parte disclosure. That will come when you actually have the public hearing, Madam Chair, on that item, not just when you agree to the set date. The next proposed change is Item 16D12. That is an affordable housing density bonus agreement, an assignment to a new developer who is going to make some substantial improvements to that agreement. There was one late change to Section 6C of Exhibit A to that resolution that I'd like to read briefly into the record. 6C will read, "The DBA is in full force and effect, and, except as set forth in the second sentence of this section, no material breaches, defaults, or defenses have been asserted in writing to the seller that have not been cured. Notwithstanding the representations and warranties made by the seller pursuant to this Section 6C, seller has received notice of the deficiency and non-compliance issues set forth in, No. 1, that certain January 25, 2013, letter from Bridget Tracy of First Housing and accompanying 2012 Annual Management Review, and, No. 2, that Page 4 February 26, 2013 certain Collier County Code Enforcement notices of violation, copies of which is attached to Exhibit C hereto, collectively, the noncompliance issues." That change is made at the staffs request, and that will complete that resolution. The next proposed change is Item 17E. It's a recommendation to establish a resolution and not an ordinance establishing a public transit advisory committee. The executive summary was properly titled, but the index read "ordinance" instead of "resolution." It's a resolution. And you have several time-certain items this morning, Commissioners. I should say today. The first one is Item 10E. That will be heard at 10:30 a.m. That is the resolution having to do with the Second Amendment to the Constitution. Item 11A is scheduled to be heard at 11 :15 this morning. That is the construction contract for the Gordon River Greenway project. Item 12A will be heard at noon in closed session regarding the settlement of the Blocker case. You will come out of closed session at 1 o'clock to report on that. Item 13A will be heard at 2 p.m. immediately followed by 13B and C. Those are presentations of internal audit reports from the Clerk of the Circuit Court. Item 11B is to be heard at 3 p.m. That is the staff report on the proposed reallocation of your tourist development tax funds. And, finally, 11F will be heard at 4 p.m. That is the staff report on the committee findings and status report on the ATV project and the site selection efforts. Those are all the changes I have this morning, Madam Chair. CHAIRWOMAN HILLER: Thank you. Any discussion? Commissioner Henning? COMMISSIONER HENNING: I would like to move 16C2 to the regular agenda. MR. OCHS: Commissioners, that will become Item 11J. That's 16C2, the Public Utility Master Plan consultant selection Page 5 February 26, 2013 recommendation, becomes 11J. CHAIRWOMAN HILLER: Any further discussion? COMMISSIONER HENNING: Move to approve the regular agenda as amended. MR. OCHS: Does the county attorney have anything, ma'am? CHAIRWOMAN HILLER: Just a second. County Attorney? MR. KLATZKOW: (Shakes head.) MR. OCHS: Okay. Thank you. CHAIRWOMAN HILLER: Do I have a second? COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. County Manager? Page 6 Proposed Agenda Changes Board of County Commissioners Meeting February 26,2013 Withdraw Item 6A: Public petition request from Richard Van Deelen requesting that the Board give direction for an analysis of a Municipal Services Benefit Unit(MSBU) for the La Peninsula Condominium residents to replace the Sea Wall. (Petitioner's request) Continue Item 6B to the March 12,2013 BCC Meeting: Public Petition request from Randall J.Cohen regarding practices and procedures. (Petitioner's request) Withdraw Item 10A: Appointment of member to the Collier County Planning Commission. (Commissioner Hiller's request) Continue Item 16A10 to the March 12,2013 BCC Meeting: Recommendation to approve Change Order No.5 to Contract#09-5278 in the amount of$350,000 and for an additional 413 days(Phase I)with Stanley Consultants, Inc.,for Design& Related Services for the Intersection Capacity Improvements to the US 41 and SR/CR 951 Intersection and Resurfacing,Restoration and Rehabilitation(3R)roadway improvements to SR 951; project#60116. (Staffs request) Continue Item 16F1 to the March 12,2013 BCC Meeting: Recommendation to authorize amendment#2 for contract 09-5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month,fees and the contract period to Dorrill Management Group and extend the term for additional two(2)year term; and authorize the Chairwoman to approve the amendment. (Staffs request) Move Item 16G2 to Item 14A1: Recommendation to direct the Airport Director to bring back in March a plan to reduce or eliminate the Annual Fund transfer and to pay back the County loan. (Commissioner Coyle's request) Add On Item 16J4: To obtain Board approval for disbursements for the period of February 14,2013 through February 20,2013 and for submission into the official records of the Board. (Clerk of Courts Finance Department) Note: Item 110: Recommendation to award Bid No. 13-6039 to Orion Marine Construction,Inc. in the amount of $1,754,884.72 for the Wiggins Pass Channel Straightening Project and approve necessary budget amendment. (Gary McAlpin,Coastal Zone Management) The County Attorney requests that the Board make a finding that this expenditure promotes tourism. Item 16A11: This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of the 30-foot easements for public road right-of-way as recorded in Official Record Book 3537,Page 1017,Official Record Book 764,Page 1667 and Official Record Book 166,Page 752,of the Public Records of Collier County,Florida.Application No. A V E SMT-PL20120002638. Ex Parte Disclosure not required on this agenda item. (Staffs request) Proposed Agenda Changes-Page 2 Item 16A13: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in.Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of a 15-foot wide Drainage Easement,being a part of Lots 77 and 78,Quail West Phase III,Unit 7,Plat Book 46,pages 89 through 102 of the Public Records of Collier County,Florida.Application No.VAC-PL20120002668. Ex Parte Disclosure not required on this agenda item. (Staffs request) Item 16D12: Recommendation to approve a Resolution consenting to the transfer of an Affordable Housing Multifamily Development known as Saddlebrook Village Apartments located on Davis Boulevard and approving an Assignment and Assumption of the Affordable Housing Density Bonus Agreement. Section 6C of Exhibit A of the Resolution is proposed to be modified as follows: 6(C): The DBA is in full force and effect,and,except as set forth in the second sentence of this Section,no material breaches,defaults or defenses have been asserted in writing to Seller,or-to-the-besr-ef-Selleris • . • • - • • • . • • • . ; the-Seller)that have not been cured : • ' . . • • • Seller . Notwithstanding the representations and warranties made by the Seller pursuant to this Section 6(c),Seller has received notice of the deficiencies and non-compliance issues set forth in (1)that certain January 25,2013 letter from Bridget Tracy of First Housing and accompanying 2012 Annual Management Review, and(2)that certain Collier County Code Enforcement Notices of Violation date-stamped January- 3013,copies of which is attached as Exhibit"C"hereto(collectively,the "Non-Compliance Issues"). (Staffs request) Item 17E: Recommendation to approve an Ordinance establishing a Public Transit Advisory Committee. Title on index amended to read: Recommendation to approve a Resolution an-Ordinance establishing a Public Transit Advisory Committee. (Staff's request) Time Certain Items: Item 10E to be heard at 10:30 a.m. Item 11A to be heard at 11:15 a.m. Item 12A to be heard at 12:00 noon,in a Closed Session,followed by Item 12B in an Open Session Item 13A to be heard at 2:00 p.m.,immediately followed by Items 13B and 13C Item 11B to be heard at 3:00 p.m. Item 11F to be heard at 4:00 p.m. 2/26/2013 1:31 AM February 26, 2013 Item #2B APPROVAL OF TODAY'S CONSENT AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) — APPROVED MR. OCHS: That takes you to approval of today's consent agenda as amended. CHAIRWOMAN HILLER: Any discussion? COMMISSIONER FIALA: Do we need to take -- COMMISSIONER HENNING: Madam Chair, I have no ex parte communication. CHAIRWOMAN HILLER: Yeah. I just wanted to first address any discussion, and then we'll get to ex parte. COMMISSIONER FIALA: Do we need to advise of any disclosures on this consent agenda? CHAIRWOMAN HILLER: We do, and we'll address that. If there's anything that needs to be moved forward, I'd like to address that first, and then we'll address the ex parte. Are there any other items that anyone would like to move forward, or is there any discussion on the consent? COMMISSIONER NANCE: None. CHAIRWOMAN HILLER: There being no discussion, ex parte disclosures, Commissioner Henning? COMMISSIONER HENNING: I have none. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: I have none this morning. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: None. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Not from me. CHAIRWOMAN HILLER: And I also have none. Page 7 February 26, 2013 There being no discussion and no disclosures, all in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER FIALA: Second the motion. CHAIRWOMAN HILLER: Oh, thank you. Thank you. I appreciate that. All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: I have an overdeveloped sense of urgency. Item #2C APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR SUMMARY AGENDA) — ADOPTED WITH CHANGES MR. OCHS: Madam Chair, Item 2C, then, is approval of today's summary agenda as amended. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: Ex parte disclosure, Commissioner Henning? COMMISSIONER HENNING: None. Page 8 February 26, 2013 CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: None this morning. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: None. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: None. CHAIRWOMAN HILLER: I also have none. May I have a motion for approval? COMMISSIONER HENNING: So moved. COMMISSIONER NANCE: And seconded. CHAIRWOMAN HILLER: Thank you. All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #2D MINUTES OF THE JANUARY 22, 2013 BCC/REGULAR MEETING MINUTES — APPROVED AS PRESENTED MR. OCHS: Item 2D is approval of the BCC regular meeting minutes from January 22, 2013. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: There being no discussion, may I have a motion? COMMISSIONER HENNING: Motion to approve. COMMISSIONER NANCE: Second. Page 9 February 26, 2013 CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #2E MINUTES OF THE FEBRUARY 5, 2013 BCC/AIRPORT AUTHORITY WORKSHOP — APPROVED AS PRESENTED MR. OCHS: Item 2E is approval of the BCC and airport authority workshop minutes from February 5, 2013. CHAIRWOMAN HILLER: Any discussion? COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #2F MINUTES OF THE FEBRUARY 5, 2013 BCC WORKSHOP ON MEETING SCHEDULES & BOARD OFFICE RESTRUCTURING — APPROVED AS PRESENTED Page 10 February 26, 2013 MR. OCHS: Item 2F is approval of BCC and workshop meeting schedules and board office restructure and discussion from February 5, 2013. CHAIRWOMAN HILLER: Any discussion? COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #3A1 EMPLOYEE SERVICE AWARDS — 20 YEAR ATTENDEE MR. OCHS: Commissioners, that takes us to Item 3 on your agenda this morning, employee service awards. If the board would be kind enough to join us in front of the dais. Commissioners, our first service award this morning celebrates 20 years of service to Collier County. It's Jim Riley from our road maintenance department. Jim, please come forward. (Applause.) MR. RILEY: Good morning, ladies and gentlemen. COMMISSIONER NANCE: Thank you for your service. COMMISSIONER HENNING: Thank you for your service. CHAIRWOMAN HILLER: Thank you so much. MR. RILEY: Ms. Fiala, it's good to see you. COMMISSIONER FIALA: Same to you, Jim. Page 11 February 26, 2013 COMMISSIONER COYLE: Good morning, Jim. MR. RILEY: Good morning. MR. OCHS: Congratulations, Jim. MR. RILEY: Thank you. (Applause.) Item #3A2 EMPLOYEE SERVICE AWARDS — 25 YEAR ATTENDEES MR. OCHS: Commissioners, we have four employees celebrating 25 years of service this morning. Our first 25-year recipient is Judy Puig from our Growth Management Division. Judy? (Applause.) MR. OCHS: Commissioners, a little birdie tells me it's also Judy's birthday today, so we have a double reason to celebrate. (Applause.) MS. PUIG: Thank you. (Applause.) MR. OCHS: Our next 25-year service awardee is Kevin Hendricks from our transportation engineering department. (Applause.) CHAIRWOMAN HILLER: You even have banners in the background. MR. HENDRICKS: That's awesome. COMMISSIONER COYLE: Nobody can read them, but -- COMMISSIONER NANCE: Thank you. COMMISSIONER HENNING: Thank you for your service. CHAIRWOMAN HILLER: Congratulations. COMMISSIONER FIALA: Great work that you do. COMMISSIONER COYLE: Thank you for your service. Page 12 February 26, 2013 MR. HENDRICKS: Thank you very much. MR. OCHS: Get over there and get your picture first. (Applause.) MR. OCHS: Our next 25-year awardee is William Craig from our water department. Bill? (Applause.) COMMISSIONER NANCE: Thank you. COMMISSIONER HENNING: Thank you, sir. MR. CRAIG: Thanks. CHAIRWOMAN HILLER: Congratulations. COMMISSIONER FIALA: Thank you so much. COMMISSIONER COYLE: Thank you. MR. CRAIG: Thank you. Appreciate it. (Applause.) MR. OCHS: Our final 25-year service awardee this morning is Valerie Thorsen from our EMS department. Valerie? (Applause.) CHAIRWOMAN HILLER: Congratulations, Valerie. COMMISSIONER NANCE: Thank you. COMMISSIONER HENNING: Thank you. COMMISSIONER FIALA: Thanks for your service. COMMISSIONER COYLE: Thank you. (Applause.) Item #3A3 EMPLOYEE SERVICE AWARDS — 30 YEAR ATTENDEES MR. OCHS: Commissioners, this morning we have two employees that are celebrating 30 years of service with county Page 13 February 26, 2013 government. Our first awardee is Gary Hamm from our road maintenance department. Gary. (Applause.) COMMISSIONER NANCE: Thank you very much, Gary. COMMISSIONER HENNING: Thanks. CHAIRWOMAN HILLER: Congratulations, Gary. COMMISSIONER FIALA: Thank you so much for your service. COMMISSIONER COYLE: Thank you, Gary. (Applause.) MR. OCHS: Also celebrating 30 years of service this morning, Gregorio Flores from our water department. (Applause.) COMMISSIONER NANCE: Thank you. COMMISSIONER HENNING: Thanks for your service. CHAIRWOMAN HILLER: Congratulations. COMMISSIONER FIALA: Thank you. COMMISSIONER COYLE: Thank you for your service. CHAIRWOMAN HILLER: Thank you. (Applause.) Item #3A4 EMPLOYEE SERVICE AWARD — 35 YEAR ATTENDEE MR. OCHS: And finally this morning, Commissioners, we're celebrating a very special occasion, 35 years of service to county government, Jodi Walters with our solid waste department. (Applause.) CHAIRWOMAN HILLER: Congratulations. MR. OCHS: Congratulations. Page 14 February 26, 2013 (Applause.) MR. OCHS: Commissioners, that concludes our service awards this morning. Thank you. CHAIRWOMAN HILLER: Leo, can we do -- can we just change the order and do Melissa Hennig first -- MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- and then do the memorial? MR. OCHS: Certainly. CHAIRWOMAN HILLER: I think it might be -- just in terms of the spirit, it might be better. MR. OCHS: Okay, great. CHAIRWOMAN HILLER: As the room is clearing, I just want to say it shows what a wonderful place Collier County Government is to work. If we have so many employees that been here literally for decades, it really says something -- MR. OCHS: Yes, it does. CHAIRWOMAN HILLER: -- says something about how great it is here. Thank you, Leo. Item #5A RECOMMENDATION TO RECOGNIZE MELISSA HENNIG, SENIOR ENVIRONMENTAL SPECIALIST, PARKS AND RECREATION DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR FEBRUARY 2013 — PRESENTED MR. OCHS: Thank you, ma'am. Commissioners, we'll now go to Item 5A on your agenda this morning. It's a presentation. It's a recommendation to recognize Melissa Hennig, senior environmental specialist with parks and recreation department, as Employee of the Month for February 2013. Melissa, congratulations. Page 15 February 26, 2013 (Applause.) CHAIRWOMAN HILLER: Melissa, congratulations. You've really done an incredible job. Thank you. COMMISSIONER FIALA: Congratulations. MR. OCHS: Stay right there while I tell the audience a little bit about you. Commissioners, as you know, Melissa's been an employee of the county for over 11 years working with our Conservation Collier program. As our senior environmental specialist, she's responsible for restoring and managing large tracts of land in Collier County for conservation purposes. She has, at many occasions, successfully integrated agricultural restoration and recreational opportunities in your Conservation Collier acquisition projects and properties. She's worked closely with the Fish and Wildlife Conservation Commission to set up the hunt program for the Pepper Ranch Preserve, including youth hunts that have recently occurred there. Her management of the Conservation Collier program between 2007 and 2012 has laid the foundation to successfully carry the program and has carried the program through the economic downturn, and preserved the fiscal integrity of the program, which is very important to our taxpayers. Her passion, dedication, and can-do attitude make her an exceptional choice for this award. She's certainly an asset to the community, very deserving of this award, and it's my honor, Commissioners, to present Melissa Hennig as your employee of the month for February 2013. Congratulations, Melissa. (Applause.) Item #4A Page 16 February 26, 2013 PROCLAMATION DESIGNATING MARCH 10, 2013 AS THE DUANE BILLINGTON DAY OF REMEMBRANCE IN COLLIER COUNTY IN RECOGNITION OF HIS CONTRIBUTIONS TO THE COMMUNITY— ADOPTED CHAIRWOMAN HILLER: Ladies and gentlemen, I'd like to ask you all to rise. It's with great sadness -- and I have to hold back tears -- that I have to share with you that Duane Billington passed away. So in his honor, I will be reading a proclamation. Can you hold this for me, because I'm going to cry. Sorry. Whereas, local civic activist, Duane Billington, lost a courageous battle with cancer on February 15, 2013; and, Whereas, he was a frequent participant at county meetings and well known for his passionate commitment to causes benefitting the Golden Gate community in Collier County and was a staunch fighter for truth, transparency, and fiscal responsibility; and, Whereas, his dedication to numerous civic associations, as well as the Golden Gate Frontier Days Festival, Local Chapter of Veterans of Foreign Wars, and Golden Gate Community Center displayed his devotion to the community; and, Whereas, he leaves behind his son Jason, daughter-in-law Tiffany, grandson Cody, and the many friends who will continue to champion his causes with equal passion; and, Whereas, it is with sadness but great pride that we remember Mr. Billington for his volunteerism and involvement in his community and honor the fine legacy that he has left for the residents of Collier County; and, Whereas, it was his Irish passion that drove his efforts organizing the Irish entertainment for the Golden Gate Frontier Days Festival's Family Day Irish Night on March 10, 2013, in bringing in the Irish in advance of Saint Patrick's Day. Now, therefore, be it proclaimed by the Board of County Page 17 February 26, 2013 Commissioners of Collier County, Florida, that March 10, 2013, be designated as Duane Billington Day of Remembrance. Done and ordered this 26th day of February, 2013, by the Board of County Commissioners, Collier County. Could we all please stand. MR. OCHS: Madam Chair, Mr. Billington's son, Jason, is present to accept the proclamation this morning. CHAIRWOMAN HILLER: Thank you. I'm very glad to hear that. Jason? MR. OCHS: If you'd please step forward. CHAIRWOMAN HILLER: And this is the handsome Cody? MR. BILLINGTON: It is. CHAIRWOMAN HILLER: Oh, that's wonderful. Your dad was a wonderful man. My heart goes out to you and your family. COMMISSIONER NANCE: Thank you, sir. COMMISSIONER HENNING: Sorry for your loss, Jason. CHAIRWOMAN HILLER: If we could observe a moment of silence in Duane's memory. Thank you. Duane really was an exceptional man, and I had, actually, the honor of being with him in his last days. And he was fighting all the good causes right to the bitter end. I mean, even in the hospital, he was still talking about county government. And I just can't tell you how wonderful it is to see someone so passionate and so selflessly committed to the welfare of this community as Duane was. So it is truly a sad day for us, but we will remember him with great happiness. And I really want to encourage all of you to go to this Irish festival. And you can talk to Jim Flanagan about the details. And, you know, drink a lot of Irish whiskey and have a lot of fun in his name and his memory. Page 18 February 26, 2013 MR. OCHS: Madam Chair, if I may have a motion to accept the proclamation this morning. COMMISSIONER HENNING: So moved. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Thank you, ma'am. That moves us to Item 6C on your agenda this morning. It is a public petition request from Pedro Jesus Romero-Menendez regarding matters concerning Immokalee. Mr. Menendez is here? Mr. Menendez? (No response.) MR. OCHS: Apparently he's not here this morning, Commissioners. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS MR. OCHS: That would move us to Item 7 on your agenda, public comments on general topics. MR. MILLER: Madam Chair, we have one registered speaker for public comment, Charles Minard. MR. KLATZKOW: Commissioners, there's likely to be a lawsuit arising out of what Mr. Minard is going to say, so I would suggest that you listen to him but do not comment. Page 19 February 26, 2013 MR. MINARD: Good morning, Commissioners. I'm here this morning to ask the commissioners for accountability for EMS due to the death of my son on the 21st of December. There was a six-minute delay because Collier County EMS was vacuuming and cleaning the EMS Medic 42; never responded to their ring tones and their signals to rescue my son. It was a 13-minute response time. I'm three miles away from EMS. My son passed away on December 21st because of our response times in Collier County. This is not an isolated issue. There's over a thousand records right now, 10 minutes to an hour of response times in Collier County. Leo Ochs, you said on TV that you're ultimately accountable for the death of my son. I have seen no actions taken whatsoever. A change has been made that EMS is required to call in within that two minutes. To me that's common sense. I don't think we need to make law -- or that's common sense that they should call and report in two minutes for their -- back to dispatch when things are going wrong. There was a four-minute delay in dispatch, which Captain Arego (phonetic) stood up and admitted wrong. He admitted to my family that he was wrong; there was mistakes made. He's willing to walk us through dispatch on Wednesday to show us how things work. I understand there's been a change put in place due to my family at dispatch already, a tone that goes with it so they can't turn away from their monitors and not know what's going on. I want change in this county. I think we need to privatize EMS. Collier County's failed horribly, horribly, my son and the folks of Collier County here. I've got people coming to me constantly telling me stories of their children, their families. A 44-year-old woman come (sic) to me, a half mile away from EMS for a 20-minute response time. Her 44-year-old daughter died. We need change. I want accountability for the death of my son. Page 20 February 26, 2013 I think it's time. I have been chasing down the county for well over two months now. I've had the police called on me by Walter Kopka when he asked for a meeting with my family and then called the police on me in this meeting. What's this say to the citizens of Collier County? We can't hide behind what's going on here. We need to fix this problem. This needs to be addressed. People are dying in Collier County. I don't know how much time I got here, but I'm going to finish up with one thing. Last night before I went to bed, I was watching the news. And what do I see on the news? Collier County EMT arrested for shoplifting in the Wal-Mart. What does this say to the people of Collier County? We cannot trust EMS. I don't want her coming in my home. We need -- this is serious. I'm told this is local and state, that we need to get this problem fixed. I look around our country, and this is not local and state. This is a national problem. It's going on everywhere. I got billed $800 for the death of my son. I don't think that's fair that I should get a bill in the mail for $800 when Collier County EMS failed my son. They failed my family. I think it's time for change. I'm reaching for accountability, and I'm asking our county commissioners to step up with me and reach for change in this county before anybody else dies. CHAIRWOMAN HILLER: Thank you. MR. MINARD: Thank you. (Applause.) CHAIRWOMAN HILLER: Leo, usually in a situation where there's a death, there should be no charge for the $800. I mean, that's -- typically, there's -- I didn't believe that there was a charge when there is actually a death. MR. MINARD: I've got the bill with me. UNIDENTIFIED SPEAKER: The lawyer has it. Page 21 February 26, 2013 MR. OCHS: I'm not aware of that policy, Commissioner, but I'll follow up with the board. CHAIRWOMAN HILLER: If you would look into that -- MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- because I don't believe there usually is. We are working on EMS. It is a major issue, and it is a matter of life and death, and timing is everything. There is no question about it. MR. MINARD: Before anybody dies. UNIDENTIFIED SPEAKER: Thank you. CHAIRWOMAN HILLER: My husband died of sudden cardiac arrest, and I completely understand how you feel. MR. MINARD: Things that are going on are just not fair. It's not fair. He was a 25-year-old man. CHAIRWOMAN HILLER: Well, this board is committed to doing the best thing for the citizens of this county, and we will. MR. MINARD: Thank you. Item #10B RESOLUTION 2013-53: APPOINTING JAMES P. KELLY TO THE AIRPORT AUTHORITY ADVISORY BOARD — ADOPTED MR. OCHS: Madam Chair, that takes us to Item 10B on your agenda this morning; that is an appointment of a member to the Airport Authority Advisory Board. COMMISSIONER FIALA: Motion to approve the committee recommendation of James P. Kelly. COMMISSIONER COYLE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: All in favor? Page 22 February 26, 2013 COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10C RESOLUTION 2013-54: REAPPOINTING LAUREN GIBSON TO THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE — ADOPTED MR. OCHS: Item 10C is a reappointment of a member to the Conservation Collier Land Acquisition Advisory Committee. COMMISSIONER FIALA: Motion to reappoint Laura Gibson as the committee recommendation as well. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10D RECOMMENDATION TO RE-ADVERTISE THE VACANCY ON Page 23 February 26, 2013 VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE — APPROVED MR. OCHS: Item 10D is a recommendation to re-advertise the vacancy on the Vanderbilt Beach Beauti -- CHAIRWOMAN HILLER: Motion to approve. COMMISSIONER HENNING: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10F RESOLUTION 2013-55: RECOMMENDATION THE BOARD OF COUNTY COMMISSIONERS APPROVES A RESOLUTION FORMALLY DECLARING ITS INTENT TO NOT INCREASE THE TOURIST DEVELOPMENT TAX — ADOPTED MR. OCHS: 1OF is a recommendation that the Board of County Commissioners approves a resolution formally declaring its intent to not increase the tourist development tax. This item was placed on the agenda by Commissioner Hiller. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) Page 24 February 26, 2013 COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Commissioners, that takes us to Item 11C on your agenda this morning. CHAIRWOMAN HILLER: County Manager, can we treat 11B and C as companion items? Can we take them in succession since we are talking about the tourist development tax, and -- MR. OCHS: Certainly. CHAIRWOMAN HILLER: -- allow Jack Wert to speak at one time? COMMISSIONER NANCE: I agree. MR. OCHS: So we'll hear 11C immediately -- CHAIRWOMAN HILLER: After 11B, please. MR. OCHS: -- after 11B. Okay. Item #11D RECOMMENDATION TO AWARD BID #13-6039 TO ORION MARINE CONSTRUCTION, INC. IN THE AMOUNT OF $1,754,884.72 FOR THE WIGGINS PASS CHANNEL STRAIGHTENING PROJECT AND APPROVE NECESSARY BUDGET AMENDMENT— BCC MAKES A FINDING THAT THIS ITEM PROMOTES TOURISM AND ITEM IS APPROVED AS STIPULATED MR. OCHS: And that takes us to Item 11D on your agenda this morning. It's a recommendation to award Bid No. 13-6039 to Orion Marine Construction, Incorporated, in the amount of$1,754,884.72 for the Wiggins Pass channel straightening project, and to approve necessary budget amendments. MR. MILLER: Madam Chair, I have, it looks like, 12 public Page 25 February 26, 2013 speakers for this item. CHAIRWOMAN HILLER: For the Wiggins Pass item? MR. MILLER: Yes. MR. CASALANGUIDA: Commissioners, Mr. -- for the record, Nick Casalanguida. Mr. McAlpin's on his way; we're moving quickly. But I can cover the -- upfront there was a couple questions that came. One was about having only one bidder. CHAIRWOMAN HILLER: Right. MR. CASALANGUIDA: And what we've done is we've negotiated with that bidder down to the engineer's estimate. There were some concerns with respect to the time. There are some LDs in the contract, so if the person does go out of the bid range, liquidated damages will kick in. And we are going to do a post-bid survey just to make sure that we're accurate. We're providing good bid plans out and making sure that we try and get more people out there when we do these solicitations. CHAIRWOMAN HILLER: I appreciate your comments, Mr. Casalanguida. I'm going to just go over the few points that you made. It's my understanding that there were about seven to eight bidders, or dredgers, I should say, that came to the initial solicitation conference, but at the end of the day only one bidder, only one dredger actually came forward with a proposal, and that proposal was for approximately 2 million. You were able to negotiate that down to the 1 .75. With that said, I think that we need to be absolutely sure that the engineer's estimate was not under what it ought to be for the project and that this, in fact, is the real number. So I'm going to ask that all change orders related to this project come before the board for approval and not be approved administratively. The second thing I would like to ask is that with respect to the Page 26 February 26, 2013 contract, the other thing that I heard as a consequence of the conference that was held among the potential bidders is that there was concern that the deadline of achieving this dredge before turtle nesting season was questionable. And as such, your suggestion that, you know, we have liquidated damages -- a liquidated damages provision in the contract is a good one, but it really needs to be stronger than that. We need to basically provide that in the event that the contractor does not complete this dredge before turtle nesting season, he will be considered in breach, and we will take action accordingly. And, County Attorney, I would like to ask that you make sure that our contract does provide for that, because time is of the essence in this contract, in this -- as it relates to this project. MR. KLATZKOW: Okay. You're asking for a time-of-the-essence clause. You've got 12 public speakers. If-- with the chair's indulgence, if you would take those speakers, let me get a chance to go through the contract and talk with Nick -- CHAIRWOMAN HILLER: That would be great. I would really appreciate that. Those are the only concerns that I see; otherwise, it does appear that everything that is being proposed is within the scope of what the board has intended, and I sincerely hope that this turns out to be a successful project in the interest of what is now a completely unified community with respect to all interest groups that are affected. MR. CASALANGUIDA: Yes, ma'am. CHAIRWOMAN HILLER: So thank you. So with that, I'd like to turn this over for the public speakers. MR. MILLER: Your first public speaker is John Bache. He will be followed by Chuck Wicker. If we could have the second speaker waiting at the second podium, please. MR. BACHE: The second speaker is not here now, sir. Page 27 February 26, 2013 MR. MILLER: Oh, okay. MR. BACHE: My name is John Bache, and I'm a resident of Pelican Marsh. I have lived in the community for almost 15 years, and I am a resident of Collier County. I want to just make one plea here. You know, we've played with this pass for all 15 years of my residency here. We have a disaster out there, if we don't fix it. I have a 40-foot boat, which is an outboard powered with 900 horsepower. When I come into the pass, I come in at 40 miles an hour. If I lose control of that boat or if somebody enters the pass -- because, Gary McAlpin could attest to this, we keep moving the markers in, so there's not room for two good-sized boats to go by. If I come in at 40 miles an hour and somebody approaches that I didn't see, okay, we've got a disaster in the making, and I don't want to be a part of that, okay. We've had complaints over the years that we're affecting the environment. Well, number one is, I used to walk the docks 15 years ago, and I saw a lot of mold around the docks, the water was clear, and we had a lot of porpoises swimming around. We don't have that anymore. The water is dirty. Now, it's because we're not flushing the pass. There's no question about it. It was said that it was first Marco River Marina. They're gone, so that's not the problem. Second it was all these big diesel boats that were at Pelican Isle. They're gone. So it's not diesel boats. So believe me, it's down to the wash, and I think it's time we take action. Thank you. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next public speaker is Chuck Wicker followed by Joe Moreland. Looks like Joe Moreland will be next. Joe will be followed by Peter Franek (sic). MR. MORELAND: Madam Chairman, members of the Page 28 February 26, 2013 commission, it's deja vu' all over again. CHAIRWOMAN HILLER: I hope not. I wouldn't call this deja vu'. MR. MORELAND: Oh, bless your heart. I was hoping you'd say that. Commissioners, there's not much new to be said and, particularly, from my vocabulary. You --just to remind you, the -- this has been a five-year project. It has served, I think, as a textbook example of diverse public interests coming together almost in fellowship at some point to try to resolve their very heartfelt differences in the approach and in some cases the need for the Wiggins Pass project. Unanimity was reached. Quite unbelievable. It took a while, but they were all good people. They did it, and that's where we are. It is my impression from having discussed privately that -- excuse me for the button, but just -- that the commission might look very favorably upon this. Believing that to be so, and in your interest for a very long agenda, there are a number of people here today who share my interests in this and who were prepared to testify. I defer to Madam Chairman that if-- in the interest of your time, if you will accept the fact that all of these people would speak strenuously in support of this project and that there is no serious need for them to express that to you by any other way than standing and giving you a hand salute. CHAIRWOMAN HILLER: Oh, that's lovely. Commissioner Fiala? COMMISSIONER FIALA: Oh, I'll wait till the speakers are finished. CHAIRWOMAN HILLER: Okay. I was wondering if you wanted to comment on -- COMMISSIONER FIALA: Not now. CHAIRWOMAN HILLER: I appreciate your suggestion to recognize the speakers and their support. And what I would ask is that Page 29 February 26, 2013 all the speakers who you brought today in support of the project, if they would line up behind you, stand behind you, announce their name, say they support the project, and sit down. Since you have very eloquently expressed their position, I think I would find that the most efficient way while still allowing them the opportunity to say that they support the project on the record. MR. MORELAND: That is a brilliant suggestion. CHAIRWOMAN HILLER: So if-- MR. MORELAND: We will do that. CHAIRWOMAN HILLER: -- every speaker that agrees with Mr. Moreland would kindly step up behind him, I would really appreciate --just state your name for the record and say that you support the Wiggins Pass project. You will be recognized. MS. JOHNSON: Good morning. For the record, Nicole Johnson here on behalf of the Conservancy of Southwest Florida. We support the project. It's not only an engineering solution; it's an environmental solution, and we appreciate your time on this. CHAIRWOMAN HILLER: Thank you. MS. JOHNSON: Thank you. MR. FRANCK: I'm Peter Franck, and I live in Collier County, and I support this project. I want to thank you for all your hard work that you've done on this project. Thank you. CHAIRWOMAN HILLER: Thank you. MS. GARNOLE: I'm Carol Garnole (phonetic). I'm from Collier County, Pelican Isle Yacht Club, Wiggins Pass, and I support this project. CHAIRWOMAN HILLER: Thank you. MR. MUELLER: I'm Rand Mueller. I've been living here since 2005. I've been using the pass since then. I appreciate all the effort that's been put into this. We could really use the pass getting dredged. Thank you. Page 30 February 26, 2013 CHAIRWOMAN HILLER: Thank you. MS. MORELAND: Audrey Moreland, Collier County resident and boater through Wiggins Pass for about the last 12 years, and numerous problems out there, which the straightening of the pass and the dredging will definitely remedy. So we solicit your support. Thank you. CHAIRWOMAN HILLER: Thank you. MS. OWENS: Irene Owens, Pelican Isle, Collier County resident for the past 18 years, and we support the project. CHAIRWOMAN HILLER: Thank you. MS. KASTNER: Susan Kastner, Collier County residents. I fully support this project. CHAIRWOMAN HILLER: Thank you. Ladies and gentlemen, have a seat after you've spoken. MR. KARTS: Jim Karis (phonetic), Collier County resident. I fully support the project. CHAIRWOMAN HILLER: Thank you. MR. KNUCKLES: Hi, Brett Knuckles (phonetic), Collier County resident, Florida resident, Florida voter. And -- CHAIRWOMAN HILLER: We like all of that. MR. KNUCKLES: Yeah. CHAIRWOMAN HILLER: We need more of you. MR. KNUCKLES: This is very important to me, too. So I remember that when I vote. Thank you very much. CHAIRWOMAN HILLER: Thank you. Thank you very much. MS. PITTMAN: Judy Pittman, long-time resident. And while we are boaters, I want to emphasize that we share this pass with all the people on the land who appreciate the beauty and the fishing, and that's what we need it to -- CHAIRWOMAN HILLER: Thank you. MS. PITTMAN: -- become. Page 31 February 26, 2013 CHAIRWOMAN HILLER: Thank you so much. MS. PITTMAN: Thank you. MS. MARMON: Patricia Marmon, Collier County residents, and we have been here since 1999. And we really love the pass, and we hope it comes back to the way it has been at other times. CHAIRWOMAN HILLER: Thank you. MR. JARCZYK: Felix Jarczyk, Collier County resident, Florida resident, and I support the dredging of the pass. CHAIRWOMAN HILLER: Thank you. MR. SINKAGE: P.J. Sinkage, long-time resident for 18 years in Collier County, also boater and a frequent user of the pass up to the past few years because of my draft. And thank you for supporting this. CHAIRWOMAN HILLER: Thank you. MR. LUPIST: Loren Lupist (phonetic), Florida resident and user of the pass. Appreciate your support. CHAIRWOMAN HILLER: Thank you. MS. STEIFLE: Susan Steifle (phonetic), Vanderbilt Beach area. I support the pass dredging and want you to make it safe and usable again. Thank you very much. CHAIRWOMAN HILLER: Thank you. MR. STEIFLE: Roger Steifle from Oak Avenue. I support the dredging of the pass. I haven't been able to get my boat out of the pass since last summer, and so I'm looking forward to finally getting where I can get out of the pass and back in. Thanks. CHAIRWOMAN HILLER: Thank you. MS. HOBBS: Hi, Kristine Hobbs, resident of Aqua, and my husband and I have been residents for 13 years, and we need to get our boat out, and we need the pass going straight. Thank you. CHAIRWOMAN HILLER: Thank you. Page 32 February 26, 2013 MR. LINDEEN: Rich Lindeen, 17 years, resident, Collier County, Pelican Isle. Complete support of what Joe has done. CHAIRWOMAN HILLER: Thank you. MR. KINZVATER: John Kinzvater (phonetic), 12-year resident. We fully support this very well-developed, well-supported solution to the problem of the pass. Thank you. CHAIRWOMAN HILLER: Thank you. And, again, thank you very much, Joe, for all your input and the help that you have provided as a community representative on this very complicated project. MR. MORELAND: Well, I thank you very much, Mrs. Chairman, and certainly appreciative of the board, both in its current configuration and its past configuration. CHAIRWOMAN HILLER: And these last two years -- MR. MORELAND: You've been a joy to work with, in all sincerity. But, Madam Chair, if you'd bear with me just a moment. CHAIRWOMAN HILLER: Sure. MR. MORELAND: We've seen a lot of awards properly earned in this morning's presentations, but I would be very remiss in not expressing to you my professional appreciation to the staff and particularly Gary McAlpin and his immediate staff and their dedication to this job and, in my view, their expeditious and professional handling of issues that moved things forward in a way, working between opposing points of view and working through them with no hostility or -- I admire that work. I want that on the record. CHAIRWOMAN HILLER: Thank you so much. Commissioner Fiala? COMMISSIONER FIALA: Yes. Joe Moreland called me, I don't know, a year, year and a half ago, something like that. Now, I don't have a boat, and I never go boating, obviously, and Joe said, have you been through the pass? I said no. He says, I'll take you for a Page 33 February 26, 2013 ride. So I took him up on that, and I was amazed to see what the pass was then where you could hardly get through it, and I was -- it opened my eyes to what was going on over there. Since then I've worked closely with the Conservancy, with Joe, and with other people as well, and I can't imagine anybody not voting for this. I wanted to make sure the Conservancy liked the idea of making it a straight shot out. They do. They feel that this is a good project. And Joe pointed out to me, a number of times, what a great project this is, so I could do nothing but vote for it. CHAIRWOMAN HILLER: Thank you, Commissioner Fiala. Commissioner Henning? COMMISSIONER HENNING: Is this a new format for public speakers? CHAIRWOMAN HILLER: Yes. COMMISSIONER HENNING: Thank you. CHAIRWOMAN HILLER: Let's put it this way, I'm trying to build in efficiencies while still giving everyone opportunity to speak. I'm assuming you think this is a good project? No negative comments? COMMISSIONER HENNING: No, I support it totally. CHAIRWOMAN HILLER: I know you always have, and I think the community really appreciates that. COMMISSIONER HENNING: Yeah. And I understand it does promote tourism, as Mr. Klatzkow wanted us to define. CHAIRWOMAN HILLER: Yes, thank you very much for doing so. It does promote tourism. Mr. Klatzkow? MR. KLATZKOW: Yeah. We have on the monitor staff was apprecient (sic) on this. They addressed your issues, Commissioner. Time is of the essence. There's a date certain for completion of the Page 34 February 26, 2013 project; failing which, there will be liquidated damages assessed. Obviously, force majeure could always kick in, but there's very little you can do about that. CHAIRWOMAN HILLER: Exactly. MR. KLATZKOW: So I think we're okay on that. As far as the change orders go, I think Mr. Casalanguida has something to say. MR. CASALANGUIDA: Sure. Ms. Chairwoman, Commissioners, what we'll do is we'll monitor this project. And there are two things I'd like to do and put on the record. One is, you can manage the scope by quantities that come in and out, so we'll see if there's something that's amiss leading up to it. Two, if there's something we need to do right away, I'd like to address it with a work directive and then have it ratified it at the board. With this thing being a tight schedule, you'll get that chance to review the work directive within two weeks, other than it being put on a once-a-month review. CHAIRWOMAN HILLER: I wouldn't do that. I recommend that if we have an emergency, we can readily call an emergency meeting and approve it. There's no problem doing that. We're all readily available. MR. CASALANGUIDA: It's your pleasure. A work directive is pretty transparent. We could make a communication through the county manager and let you see it and ratify it. But if you want to do it that way, that's your pleasure, ma'am. CHAIRWOMAN HILLER: County Manager, would you like to add in on that? I mean, I would prefer it come back to the board. You know, I really do have a concern. I don't want this to go over budget. MR. OCHS: No, we are in full support of that desire, Commissioners. I think what Nick is expressing is that because there's also a tight time schedule here, and we want to make sure that we meet the deadline, if we do have some unforeseen work directive or change, although we don't anticipate it right now, if we have to wait to Page 35 February 26, 2013 get to a regular board meeting and stop the project, that works against your larger objective of meeting the deadline, but if you want to -- CHAIRWOMAN HILLER: Which we wouldn't do. MR. OCHS: -- call a special meeting, and that's the pleasure of the chair and the board, we can do that as well. CHAIRWOMAN HILLER: The alternative is we could put a dollar cap on the, you know, post-event ratification. Like, for example, not to exceed 50,000, but any amount over 50,000 would come back to the board. MR. CASALANGUIDA: That would work. MR. OCHS: That's a good alternative as well. CHAIRWOMAN HILLER: Is that agreeable? All right. MR. CASALANGUIDA: That would work. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I support this project 100 percent. I am a little concerned, though, that somehow we went through and we only got one bidder. And I'm not concerned about that necessarily because I think the price is irregular or anything, but I'm very concerned -- it's well known that we have many, many environmental concerns on our projects, but we have to present and prepare them in a way that we make sure we have vendors that want to come to work for the county. The reason I'm concerned that we only have one vendor is you're very close to having no bidders, and we certainly don't want to get in a circumstance like that. So I hope we go back, and we determine what it was about the process, if anything, that we can change to make it more attractive so we do get more participation. I just think it's good all the way around. CHAIRWOMAN HILLER: Thank you. With that I'd like to make a motion to approve the contract and, as well as the budget amendment, to make a finding that the project does promote tourism and to state on the record that any change orders Page 36 February 26, 2013 in excess of 50,000 will be brought back to the board for approval. Any change -- any single change under 50,000 will be brought back for after-the-fact ratification to the board. COMMISSIONER FIALA: Second that motion. CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. CASALANGUIDA: Thank you. (Applause.) MR. OCHS: Madam Chair, just a point of order. At the board's discretion and at the chair's discretion, the gentleman who had petitioned the board under Item 6C from Immokalee is here. He arrived a few minutes late. And would the board like to hear his petition before we go further? CHAIRWOMAN HILLER: I will have to ask the board. MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: Sure, that's fine. COMMISSIONER COYLE: Yep. COMMISSIONER NANCE: Fine by me. CHAIRWOMAN HILLER: It appears that there is consensus on the board to hear the individual's petition. MR. OCHS: Mr. Menendez — Item #6C PUBLIC PETITION REQUEST FROM PEDRO JESUS ROMERO- MENENDEZ REGARDING MATTERS CONCERNING IMMOKALEE — PRESENTED Page 37 February 26, 2013 CHAIRWOMAN HILLER: Mr. Menendez? MR. OCHS: -- please step forward to the podium and present your petition, sir. If you could pull that microphone down so the board could hear you. Thank you very much. CHAIRWOMAN HILLER: Mr. Menendez, may I ask a couple of questions before you get started? MR. MENENDEZ: Certainly. CHAIRWOMAN HILLER: Thank you. First of all, do you need anybody to assist you with any translation? No. MR. MENENDEZ: No. I speak both languages. CHAIRWOMAN HILLER: Perfect. That's wonderful. MR. MENENDEZ: I understand very well. CHAIRWOMAN HILLER: Great. The second question I have, are you here representing any group? Are you standing here representing yourself? MR. MENENDEZ: No, I'm representing myself, even though I'm with the -- a volunteer and a vote member of the Farm Work Association, but I'm here just as a citizen of Immokalee. CHAIRWOMAN HILLER: So you haven't been compensated by the farmworkers or by anybody else to present today? MR. MENENDEZ: No. This was all my own doing. CHAIRWOMAN HILLER: That's wonderful. And I only ask that to make sure that you're not here in the capacity of a lobbyist, which would require registration, which we could help you with after, just to make sure that you're following the requirements of the law. So please go ahead and speak. And if you could please start his time. MR. MENENDEZ: Yeah. My name is Pedro Jesus Romero-Menendez, and I've been in Immokalee for about seven years. I came to visit Immokalee when I lived in Minnesota, and I fell in love with the community, so I decided to move to the area. Page 38 February 26, 2013 Immokalee, by the native name, my home, is a vibrant, multi-cultural, very diverse community. It has a lot of potential. And I also want to thank you people for giving me this second chance to speak to you and the community. But I'm very distressed the way that some members of this commission have been treating Immokalee, especially the master plan, and also worry what -- you know, Mrs. Penny Phillippi, she was given a contract that had been changed, changed from year to year, to give herself a chance to prove herself. I think she has proved herself the way she's been taking care of the community, what she's been pushing for the community. She started the multi-cultural festival. That was really great. And somehow, you know, we have to leave that behind. But it would be nice to have it in the future. The master plan, it was approved already in Tallahassee. You have received an award for excellence. And when it came back for review, some members voted against, and one member claimed conflict of interest, but I think the real conflict of interest came after the abstention of that vote that there was some political donations that came, and I think that's really a conflict of interest. Already -- Ms. Phillippi, you know, she managed to get new sidewalks, new lighting, and, you know, the town, you know, feels safer. There are areas where people can cross the street in downtown, it will be safer for the pedestrian, also ways -- your areas for the bikes. So there was a lot of improvement. I don't think that she need to keep proving herself and -- you know, for Immokalee. She did a great job, even though maybe she stepped on some toes there through some of the housing. But some of those housings there in Immokalee, in other towns they'd be condemned. You know, a lot of them are infected with lice -- I mean, rats, mice, roaches, and they're not well kept. And -- but we still got them in Immokalee. I know we have a Page 39 February 26, 2013 shortage of housing, and the workers, they need, you know, some cheap housing, but the rent in Immokalee is not cheap. It's not -- it's very expensive. I have talked to a lot of people that work in Immokalee. They got good jobs, but they live in other counties; they live in Lee or Hendry because they say that the properties are too high in Immokalee, and that is because only a small group of people control most of the properties there in the Immokalee. And I think it is a shame that some worker, they need to live 10, 12, 14 people in one of those trailers, you know, living like sardines, and paying over $1,000 a month altogether for those trailers. You know, that's a shame. And I would like you people to reconsider about the master plan for Immokalee. One of the complaints I used to hear here in this chamber, when I've came, you know, for the master plan, is that people were against the loop or the bypass in Immokalee, and that was something that was planned for the future. But we're going to need that bypass because -- you should go to Immokalee in the afternoon, see the big line of cars on Main Street waiting for the light to change, and it's going to get worse. So eventually you are going to need that bypass for the trucks, you know, and some of the other traffic to go down, that they don't need to -- they're not going to be doing any business downtown. So we would like to see the town move ahead and be more opportunities for other people to open some businesses there. The way it is now that -- like I mentioned, most of the property is controlled by a small group of people. We got a business location that used to be a Chinese restaurant right on the corner of Main and 9th Street. That has been closed for quite some time. I know of people that would like to open a business there, but the rent is extremely high. The building, I understand, is not very well kept, and people who rent, they will have to make the Page 40 February 26, 2013 improvements, you know, and that's not fair because they're paying -- they'd be paying pretty high rent. So that's a business that's been closed for several months that could be open there, because there are people that are willing to open a restaurant there. And I hope that, you know, we start treating Immokalee with more respect just like the -- like a keep them a child (sic) of the county. We got -- there's a lot of poor people living in Immokalee, there are some wealthy people, and there's a lot of workers there, but we're all proud members of the community, and we're proud of Immokalee, and we want Immokalee to move ahead. Also, you know, the master plan, it was brought, one time, a straw poll, and 67 percent of the people that voted in favor of the straw poll, but here it was ignored because they said that not enough people voted. And how many people voted, you know, for the commissioner at the same time in those elections? So I don't think the percentage of people voting, it was any higher, but 67 percent of the voters voted in favor of the master plan. But, again, it was ignored here. I think that -- I know people running for office in public places, they need, you know, financial help, you know, for the campaigns, but we have to be careful when we take the money for the campaign that we don't do it because then we have to pay back and do favors, you know, for the people contributing. And some people can give more, some people can give less, some people cannot give anything, but the community, in full, we need to go ahead. We need to move forward, we need to improve the town, and that's why I'm here and asking you people to please reconsider, you know, what you have done, because you are punishing the whole community. Thank you very much. Have a good day. CHAIRWOMAN HILLER: Thank you. Page 41 February 26, 2013 Item #1 l E RECOMMENDATION TO APPROVE THE ATKINS NORTH AMERICA PEER REVIEW OF THE COASTAL PLANNING AND ENGINEERING VOLUME DESIGN FOR THE 2013/14 BEACH RENOURISHMENT PROJECT AND APPROVE THE PROPOSED PROJECT BID FORM AND BIDDING APPROACH — MOTION TO BRING BACK WITH INCREMENTAL BIDS AND MODIFY SCOPE OF THE PROJECT FOR GOOD VALUE — APPROVED MR. OCHS: Madam Chair, that takes us to Item 11E on your agenda. CHAIRWOMAN HILLER: Thank you. MR. OCHS: It's a recommendation to approve the Atkins North America peer review of the coastal planning and engineering volume design for 2013/14 beach renourishment project and approve the proposed project bid form and bidding approach. Mr. Gary McAlpin will present and be actually bifurcating these two items as part of his presentation. Mr. McAlpin? CHAIRWOMAN HILLER: Thank you. MR. McALPIN: Thank you. For the record, Gary McAlpin, coastal zone management. Mike, if you could -- thank you. What we wanted to do today was address three objectives, and the first one being to discuss and approve the volume peer review. We've recently had some concerns that if-- questions that have come up in the last couple of days relative to the peer review. It revolves around the 2006 design template and the 2006 post-construction monitoring report. And what we are asking is not to approve this item, the design -- the peer review at this point in time. We need a couple of weeks to get together and get this resolved. We believe it is a simple issue to Page 42 February 26, 2013 get resolved; however, it's important that we do this, and we want to make sure that we have addressed all the concerns, all the questions and -- before this item comes back to you. So we're not asking for the peer review to be approved at this point in time. But the important thing for us is to move forward with the bid approach in the format. Time is of the essence relative to the bidding of this project; it is critical. Our schedule is to move forward with this -- with the bid package and get it out at the latest of Friday of next week. And that -- if there's any changes that have come up in the interim relative to the review of the peer review, then we have an opportunity at that point in time to issue an amendment to the bid package, and we could do that in the next couple of weeks and incorporate those changes into the package. But we believe it's important that we get the package out. It's also important to note that today we're not asking you to approve any renourishment design quantities. What we're asking you to do is to approve a bid form and a bid total. The BCC will -- you will -- when we bring this -- the bids back to you for approval, we will review them and discuss them with you. We'll make recommendations. And at that point in time you will approve the quantities that go on this project. So we're not asking for the quantities to be approved at this point in time. We're strictly asking for the bid documents and the bidding approach to be approved. So what we're looking to do, Commissioners, is we're suggesting that we have an overall target volume of 375,000 cubic yards, we're suggesting that the renourishment that we bid on be outside of turtle nesting season, and that's between 11/1/13 and 5/1/14. We're looking for pricing per segment to remain unchanged for a volume placed between 250- and 500,000 cubic yards. That's a 33 percent spread to the bottom and also a 33 percent spread to the top. This gives us plenty of flexibility to set the quantities based on what Page 43 February 26, 2013 the board comes up and the direction we receive from the board. We will look to do truck haul and the -- and we will get dredging prices, so we'll get both of those activities, as the board has directed us in the past, and we'll also receive a reduction -- we look to receive a reduction for bidding, for activity on the shoulder seasons of turtle nesting season, namely September 15th of 2013 and 6/1 of'14. If you'll bear with me, we would like to use the simplified bid format. CHAIRWOMAN HILLER: Before you go on, Mr. McAlpin, Mr. Casalanguida, could you please come to the podium. MR. CASALANGUIDA: Yes, ma'am. CHAIRWOMAN HILLER: The staffs recommendation as presented is not possible. MR. CASALANGUIDA: Okay. CHAIRWOMAN HILLER: Number one, we don't have a target volume; number two, the pricing by segment cannot have a spread as large as 250- to 500-, so I'm left very concerned with what's presented, and I really don't feel it's appropriate to continue if this is the starting point of the next discussion that Mr. McAlpin was going to bring up. So I'd like you to address what's being presented here. MR. CASALANGUIDA: Well, as we discussed yesterday, I think we talked a little bit about the approach being the 375- target with some flexibility. We also discussed an alternative, which would be the hundred thousand cubic yard variances as we could do it. In other words, 200,000 to 300,000, 300,000 to 400,000, 400,000 to 500,000. We could do that, and we've talked about it with Gary and Bill. It's not our ideal approach, but we have some time. So I think we could work with both if it was the board's pleasure to do the three, you know, variances, three to four, four to five, two to three, or with that target. But I think as Gary pointed out -- and I met with staff this Page 44 February 26, 2013 morning -- we're going to know what this peer-review target is in about two weeks. We want to get the bid out, and this could be a simple bid addendum to modify that target down. CHAIRWOMAN HILLER: I would be very uncomfortable with that. MR. CASALANGUIDA: Okay. CHAIRWOMAN HILLER: I'm going to make a motion that the bid sheet that goes out has increments of a hundred thousand starting at 200- to 300-, 300- to 400-, 400- to 500-, that it not provide the target volume, because at this point in time, in light of the conflicting numbers with respect to the peer review and what's being proposed, I think it's imprudent to define a total volume. And, secondly, we have to do an in-time survey as well as look at our financial position before we make any commitments. The suggestion by Mr. McAlpin to go back and modify as new information comes forward and narrow the scope of our project does make sense, but to narrow and then change is concerning. MR. CASALANGUIDA: We can work with that because I think we're going to come back in two weeks with a much clearer number. CHAIRWOMAN HILLER: And this way you have the ability to move forward without tying us down and make the appropriate modifications once you have the real facts. MR. CASALANGUIDA: And I've got consensus from Bill and Gary that it's a workable approach. We just want to get the bid documents for the plan sent out as quick as possible. CHAIRWOMAN HILLER: Then I would like to make the motion as presented. Commissioner Henning? COMMISSIONER HENNING: Don't you mean bid format of 250- to 350- to start out with? You said 200- to 300-. CHAIRWOMAN HILLER: It might be as low as 200-. COMMISSIONER HENNING: Really? Page 45 February 26, 2013 CHAIRWOMAN HILLER: Yep. Actually, it could even possibly be under that. COMMISSIONER HENNING: Really? CHAIRWOMAN HILLER: Yes. COMMISSIONER HENNING: I'll second that motion. MR. McALPIN: Madam Chair, if we could, the third piece of this was to look at opportunities, bid opportunities, and what the staff and the industry believe is that there could be significant cost savings if we work with other communities and we look to share the fixed costs, namely the dredge mobilization costs, and get some economies of scale of a larger project. Both Captiva erosion control district and the City of Long Boat Key have complementary schedules to us, and they also are utilizing the same type of dredging equipment, and both of those municipalities have expressed an interest in working with Collier to develop a combination project, and that combination project would not compromise -- could not compromise our schedule and not compromise a direct control by this board of our contracting approach or our contract itself. So we would like the opportunity to work with the other municipalities as we put our bid package out, and we're looking for the board's authorization to move forward in this direction, too. CHAIRWOMAN HILLER: Mr. Nance, or Commissioner Nance, forgive me, may I comment before you do on this? COMMISSIONER NANCE: Sure. CHAIRWOMAN HILLER: If that would be acceptable to you. This is a question that I have addressed. I'd like to make two comments. The first is the state denied giving us points in combining with these municipalities. The state made it clear that they saw no economies or -- of scale that could be achieved by pairing up with Long Boat Key, which they considered to be too far to promote any efficiencies. So I think we have to be very careful when we consider Page 46 February 26, 2013 pairing with that jurisdiction. The second issue is the order in which the work might be done, and there is tremendous risk if we do pair up with another municipality and if we, for example, acquiesce and let them get their work done first and then weather interrupts and then we don't get our work done as a consequence, there could be significant risk to Collier County's own renourishment project. So while it's worthy to explore, and it would be interesting to see what affect it would have on price, I think this has to be very carefully considered by the board before it were to be approved, and we should not exclude bringing back bids that allow us to have the work done exclusively for us without compromising our schedule. Commissioner Nance? MR. McALPIN: And that's what we would do, Madam Chair. We would bring back -- if we were to go this way, we would work with the board, we would bring back bids which would allow us to work independently by ourselves and then possibly in combination -- in combination with these other municipalities. We're not suggesting that we contract this way. We're suggesting that we develop an option which we could bring back to the board, and then the board could decide at some point in time in the future if they elect to go that way. CHAIRWOMAN HILLER: I think that's a very good approach. The only other concern I would have is that it's my understanding that Coastal Planning and Engineering is also the engineer for, I believe, Long Boat Key, and to that extent I want to make sure that there's no conflict of interest because, obviously, you know, one man can't serve two masters. MR. McALPIN: We would actually make sure there would be no conflict of interest. Relative to your comment earlier about why we did not receive points, we did not receive points from the state because we did not Page 47 February 26, 2013 have an executed interlocal agreement. The state wholeheartedly would like to see us develop an approach like this, and they are supportive of that, so we're -- CHAIRWOMAN HILLER: No, I appreciate that. I actually spoke to the state, and they made it clear that the issue was that that jurisdiction was too far removed to actually promote physical efficiencies. But thank you for your comments. We have a motion on the table and a second. Any further discussion? Do we have any speakers? COMMISSIONER NANCE: Yes. I -- CHAIRWOMAN HILLER: No speakers, okay. Commissioner Nance? COMMISSIONER NANCE: Yes. I wholeheartedly support getting incremental bids, and the reason I say that -- and I also support looking for synergies, because I think we're going to have an increasing amount of work that's going to need to be done and a decreasing supply of money. So I'm very anxious to make certain that we carefully evaluate the amount of beach renourishment that we conduct so that we don't have our mobilization fees and our other expenses that are directly related to our projects become an overwhelming driver of our total cost. I'm more concerned that we get good value per cubic yard that we're pumping rather than we pump a little bit more sand than possibly we need at the time. We need to find the sweet spot so that we're getting the best value because we're going to be stressed, clearly, in our funding. CHAIRWOMAN HILLER: Thank you. There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Aye. Page 48 February 26, 2013 COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I'm all right. CHAIRWOMAN HILLER: Motion carries unanimously. MR. McALPIN: Thank you, Madam Chair. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: Madam Chair? CHAIRWOMAN HILLER: Yes. COMMISSIONER HENNING: I recommend that we take a break before our time-certain. CHAIRWOMAN HILLER: I agree. Thank you very much. That's actually an excellent recommendation. When we come back at 10:30, we have a time-certain, which is to address the Second Amendment resolution being proposed by the board. So we'll be back at 10:30. (A brief recess was had.) Item #10E — Discussed; continued to later in the meeting RESOLUTION 2013-56: A RESOLUTION IN SUPPORT OF THE SECOND AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES — ADOPTED MR. OCHS: Madam Chair, you have a live mic. We have a 10:30 a.m. time-certain hearing. It's Item 10E on your agenda this morning. It's a recommendation to adopt a resolution in support of the Second Amendment to the Constitution of the United States. And this item was placed on the agenda by Commissioner Henning. CHAIRWOMAN HILLER: Commissioner Henning, would you like to begin by discussing what you've presented, or would you like us to go to the public speakers? Page 49 February 26, 2013 COMMISSIONER HENNING: Well, let me just first say, it wasn't like I was sitting at the brook eating strawberries and drinking Champagne when working with the county attorney to amend this proposed resolution. And there is some backup. There's substantial backup on the Internet from reliable sources of concerns of what Washington, D.C., is doing to our Second Amendment. With that said, I'll stand to listen to the public speakers. CHAIRWOMAN HILLER: Thank you. What I have done is I have coordinated with all of the public speakers both for and against the resolution. And what we're going to do is we're going to begin with the five public speakers who are here today to speak against the resolution. We're going to begin with James McDonald. Mr. McDonald, would you please come to the podium. The next speaker will be Tina Palmese; if you would come to the podium and be prepared to speak. Please come up to the podium. The speaker after Tina will be Susan Calkins. Susan, would you please come up to the podium and stand behind Mr. McDonald. Chris Straton will be the fourth speaker, and then Sandy Parker will be the final speaker against the proposed resolution. Mr. McDonald, you have three minutes. MR. McDONALD: Madam Chair, Commissioners, thank you for this opportunity. Over the weekend, I emailed each of you a letter. As I stated in that letter to you, you will be considering a resolution to officially oppose any action taken by the President and Congress to put some sanity into our gun laws. I would not support the Second Amendment resolution under any circumstances. Lawmakers are not proposing actions which infringe upon the Second Amendment rights. The actions being discussed by the president, the vice president's task force and some members of Congress are dealing with the extremes of the current gun laws and Page 50 February 26, 2013 not an outright ban on guns. In a survey of NRA members, the majority are in favor of stricter gun laws and, in general, all U.S. citizens are in favor of stricter regulations. Finally, consider that this is a federal law and not a responsibility of local rule. You have enough to do. Your agenda's quite full. If Congress passes new gun regulations, any action that you take will have no bearing on the effect of those laws in Collier County. The NRA would have you believe that the majority of U.S. citizens are gun owners. The truth is it's around 40 percent. I've included in my email to you links to verifiable data on survey results to support these statements. The NRA has countered these facts with a mythical log, but they cannot support their arguments. Please consider the impact of this Second Amendment resolution and what it will do to our community. Your support may send a message that Collier County is not a healthy and safe environment in which to live and raise a family. We're in a government center that is made safe and secure by Collier County Sheriffs Office. Through our current gun laws, it is legal for anyone to own guns and ammunition that can pierce the protective armor and clothing that these brave officers and individuals wear. Do we want to give a message to them that we aren't really that concerned about their safety? Miami has the highest number of AK-47 sales in the nation. These are weapons designed for one purpose, to kill humans, as many as possible in the shortest amount of time. Thank you for listening, and I appreciate your rational considerations. CHAIRWOMAN HILLER: Thank you. The next speaker is Tina Palmese. MS. PALMESE: Hi. Good morning. I'm here today as a parent of a child in the Collier County school system. As parents, our job -- Page 51 February 26, 2013 CHAIRWOMAN HILLER: Tina, would you speak into the mic? Thank you. MS. PALMESE: Sorry. As parents, our job is to keep children -- our children safe, but I am haunted by the words of Ben Wheeler's father, a child killed at the New Town massacre. He asks, what wouldn't we do as parents to keep our children safe, safe at school, in the park, in shopping centers, in the neighborhoods where they play? But we haven't, have we? Our most vulnerable are gunned down daily, lives shut down before they have even taken off. Who can fathom the loss to our society of the potential that was never even realized? But we finally have come to the realization that we can make a difference to help stop the most brutal gun violence with common-sense measures that can be universally applied. Then we have this resolution that seems to me to basically undermine this effort, when most of us want to protect against the gun violence. As a nation, we do have checks and balances in place. We have a judicial system to interpret our amendments and to protect them, but we must support our government in the endeavor for a safer nation. Parents, grandparents, we must be wowed (sic) by our ability to look into the mirror and answer that question, have we done everything we can to make our children safer? We implore you to vote no for this resolution. Thank you. CHAIRWOMAN HILLER: Thank you. The next speaker is Susan Calkins. MS. CALKINS: Good morning. You've seen me before here on environmental issues. But on this issue, which also has to do with protection, I think, for all of us, I have strong feelings, and so I came this morning. You know, the Naples Daily News I don't always agree with, but they said don't go there regarding this amendment, and I think they're Page 52 February 26, 2013 absolutely right. We are not the only place in the nation where these kinds of resolutions are being brought forth. Friends from Michigan were just visiting; same thing is happening there. It pulls us into a national debate. It encourages a divisiveness within this community that we don't need, and I don't think it sends the kind of message that we want to send. I have for a long time been interested in issues around tourism and have looked at that and watched it, and I think that there is a whole question about, you know, when businesses, when tourists, when conventions look at a town, they take into consideration things like this. I know. I've been associated with associations who have chosen not to go places because of the positions the public officials have taken. So I think that the resolution as it reads, with all its where-as's, puts us in a place we do not want to be. I believe that businesses will think twice, the ones we want to encourage to locate here. I think that international tourists who are already appalled at, you know, the gun use in this country will certainly not feel any safer coming here and may think twice. And I also believe that, as I said, national and international organizations considering conventions, especially medical -- we're talking about medical tourism, we're talking about bringing more medical conventions here. I have a hard time seeing doctors who run an organization and make selections about sites thinking that a kind of town and county which takes this kind of position is where they want to be. So I come from -- as I said before to some of you, I come from a long line of patriots who've worked politically and in the military, and I believe that they would all support the Second Amendment, but they would support all the amendments, and I hope today that if you think about affirming this Second Amendment, that you affirm all the amendments, that this has no right for special consideration, and it has Page 53 February 26, 2013 a kind of secessionist tone among other things that I don't think we want to foster. Thank you. CHAIRWOMAN HILLER: Thank you. The next speaker is Chris Straton. COMMISSIONER NANCE: Madam Chair, excuse me one moment. Would it be appropriate, Mr. County Attorney, to place the resolution on the overhead so that people can see what the language is that we're actually considering here? I think it might be informative to all, particularly the final paragraph which says what we resolve and what we are -- what we are discussing. CHAIRWOMAN HILLER: It's a very good suggestion, Commissioner Nance. Thank you for bringing that forward. MS. STRATON: Ready? CHAIRWOMAN HILLER: Yes. MS. STRATON: Okay. CHAIRWOMAN HILLER: Could you please start the timer. Thank you. MS. STRATON: Thank you. My name is Chris Straton. I've lived here in Collier County for a long time, and this is a very difficult time for me. A little known fact about me is that I was a damn good shot with a .22, but the Glock had too much a kick for me. I also used to carry a .22 in my car. My late husband had 14 handguns, and I bought him a reloading set for Christmas. We used to go to the gun range here in Naples until they closed it; however, after I suffered extreme depression after my mother's death, I asked him to remove the guns from the house since I was afraid of committing suicide. Fortunately, I realized the danger of mental illness and readily available guns. Now, I bring this up because I wanted you to know that -- so you Page 54 February 26, 2013 won't take my remarks as coming from an anti-gun person. Yes, I was a gun toting mama, and I'm proud to be an American who enjoys all the rights bestowed upon us via the Bill of Rights. I also strongly believe in our form of government, even though I wish Washington would go back to being public servants and not politicians. I believe in freedom of speech, and I would like to see the speech -- see that speech is engaged in a true dialogue on guns; however, I do not see that the resolution which includes language suggesting that the president, vice president, and certain members of Congress are having the effect of infringing on the Second Amendment is an appropriate way to address the issue, nor is it an issue appropriate for this level of government. The U.S. Supreme Court has already determined that the right to bear arms is not an unlimited right, and it will be them to determine if there is infringement, not the Citizens Alliance, not this Board of County Commissioners, nor me. So I ask you to vote no. Thank you. CHAIRWOMAN HILLER: Thank you. The next speaker is Sandy Parker. MS. PARKER: Good morning, Commissioners. Thank you very much for hearing us. I did not come down here this morning because I don't support the Second Amendment; I do. But I also think we need to take action to better protect our children and our communities from tragic mass shootings likes the one in New Town, Connecticut. I did not come down here this morning because I think your time could be better spent on other matters, although I do. How much time did you spend over the past several weeks on this issue? How much time did the county attorney spend? And staff? What other county business suffered as a result? And I did not come down here this morning to say I fear that you're starting down a slippery slope, although I do. What will you do Page 55 February 26, 2013 when another group petitions you to pass a resolution condemning abortion or in support of the XL pipeline? How will you decide whether or not to proceed? No, I came down here this morning to ask you to vote against this resolution because it accomplishes nothing other than divide our community. The issue of gun-violence prevention is a complex, difficult, and highly emotional one. Your simply agreeing to consider this resolution has already divided us raising passions on both sides here in our community, and to what end? If you pass this resolution, you will have satisfied the group of people who asked you to do so, but you will also have alienated many of your constituents, like me, who disagree with the premises and implications of this resolution. To what end? Please vote no on this resolution, bring us together to solve problems under your control. Don't needlessly drive us apart with matters that aren't. Thank you. CHAIRWOMAN HILLER: Thank you very much. Before we continue with the next group of speakers, Commissioner Coyle would like to comment. COMMISSIONER COYLE: No. I'll wait till they're complete. CHAIRWOMAN HILLER: You'll wait. Okay. Thank you. We'll now proceed to the speakers who do support the resolution. I'm going to call out names, and I'd like to have those speakers whose name I call, which will be six, to stand at this podium. The first will be Keith Flaugh. The next is Jared. The next is Mr. Rios. The next is Frank, Joe Whitehead, and Jerry Rutherford. Mr. Flaugh will receive six minutes of time. Time has been ceded to him by another constituent. Please state on the record who has ceded you time. Jared also will be speaking six minutes. Another constituent has ceded him time. Jared, please state who has ceded you time. The other four speakers will be speaking three minutes each. Page 56 February 26, 2013 As to the rest of you in the audience, is there anybody here who absolutely wants to speak for three minutes? Okay. So I have four more speakers. What we are doing is we want every speaker to, if they can, say something different; in other words -- and that is what I told the people in opposition, and as you can see, they did. And, you know, of course, we want you to say whatever you want but, you know, repeating the same thing over and over doesn't serve as the board in terms of helping us to formulate our conclusions. So who are the additional speakers? Could you raise your hand, and I'll call you each in turn. Could you please state your name. MR. HANSON: I'm Keith Hanson. CHAIRWOMAN HILLER: I need you in the -- okay. What is it? MR. HANSON: Keith Hanson. CHAIRWOMAN HILLER: Okay. Keith, could you please step behind -- COMMISSIONER COYLE: Does he have a speaker slip? CHAIRWOMAN HILLER: Yes. You've all registered, right? Yeah. All of them have registered. MR. WRIGHT: Yes, I gave mine. CHAIRWOMAN HILLER: And don't speak outside of the mic. What is your name? MR. WRIGHT: Tom Wright. CHAIRWOMAN HILLER: Behind Keith, please. And your name? MR. EDDELMAN: Jerry Eddleman. CHAIRWOMAN HILLER: Jerry. MR. EDDELMAN: I also had ceded another three minutes. CHAIRWOMAN HILLER: You got three -- so you have six minutes, okay. MR. EDDELMAN: Yes. CHAIRWOMAN HILLER: Sir, could you please come to the Page 57 February 26, 2013 podium and tell me what your name is. MR. MERRETTE: Steve Merrette. CHAIRWOMAN HILLER: Steve, please step behind Jerry. And I'm going to let everybody else who supports this resolution come to the podium, state your name and state you support it. So you will be the record. I'm not going to deny anyone the right to speak. But just -- it's a question of how many people want to, you know, make long speeches. MS. ANDERS: Linda Anders. CHAIRWOMAN HILLER: Linda, thank you so much. Linda, if you would step behind Steve. All right. So the order of those speakers who are actually going to comment for either three or six minutes is as follows: Keith Flaugh, six minutes; Jared, six minutes; Victor Rios, three minutes; Frank, three minutes; Joe Whitehead, three minutes; Jerry, three minutes; Keith, three minutes; Tom, three minutes; Jerry, six; Steve, three; and Linda, three. Everybody else who's in support, please line -- oh, you want to speak three minutes, too. Oh, wow, great. And your name is? MS. KAUFMANN: Barbara Kaufmann. CHAIRWOMAN HILLER: Barbara, step behind Linda. You know, I like the fact the girls are at the end. That says something, you know. We put the icing on the cake. All right. Everybody else who supports and would like to state on the record that they support the resolution, line up at this podium. And I'm going to spare all of you the torture of standing in line listening to these people, because we're going to start with you. So let's begin. And all I would like you to do is state on the record your name and that you support the resolution. MR. TOWNSEND: I'm Mike Townsend, and I definitely support this resolution. CHAIRWOMAN HILLER: Could you speak into -- lift the mic Page 58 February 26, 2013 up and say that again. MR. TOWNSEND: I'm Mike Townsend, and I definitely support this resolution. CHAIRWOMAN HILLER: Thank you. Please take a seat. And when you're done stating your position, have a seat back in the audience. MR. MARSHALL: I'm Chuck Marshall, and I support this amendment. MR. FARLEY: My name is Bill Farley, and I support this amendment. CHAIRWOMAN HILLER: Okay. Hold the mic up, guys. You know, you've got to be rock stars here. Hold it up and be loud and clear. MR. HARPER: My name's Greg Harper, and I support the resolution. CHAIRWOMAN HILLER: Thank you. MR. SMALL: Kevin Small, and I support the resolution. MR. EDEL: David Edel, and I support the resolution. MR. R. MILLER: Robert Miller, and I support the resolution. MS. PRIOR: Kimberly Prior (phonetic), and I support the resolution. MS. RIMES: Stephanie Rimes, and I support it. MR. RELMNER: Knoll Relmner (phonetic), and I support it. MS. JANDEL: Joan Jandel (phonetic), and I support the resolution. CHAIRWOMAN HILLER: Thank you. MS. LAWRENCE: Robin Lawrence. I support the resolution. MR. ZERNECK: Mike Zerneck (phonetic), and I support the resolution. MR. CONNICK: My name's initial J. Eric Connick (phonetic), and I definitely support this resolution. CHAIRWOMAN HILLER: Thank you. Page 59 February 26, 2013 MR. COHEN: Howard Cohen, and I support this resolution wholeheartedly. CHAIRWOMAN HILLER: Thank you. MR. WILLOUGHBY: Barry Willoughby. I support this resolution. CHAIRWOMAN HILLER: Thank you. MR. GAIGAL: Joseph C. Gaigal, and I support this resolution. CHAIRWOMAN HILLER: Thank you. MR. TAYLOR: Ron Taylor, Vietnam veteran and voter, and I support this resolution. CHAIRWOMAN HILLER: Thank you for both, or actually three. MR. MARSHON: Alfred Marshon (phonetic), and I resoundingly support this resolution. CHAIRWOMAN HILLER: Thank you. MS. WOODLIFF: Kathleen Woodliff, and I support this resolution. CHAIRWOMAN HILLER: Thank you. MR. WOODLIFF: Davie Woodliff, and I strongly support this resolution. CHAIRWOMAN HILLER: Thank you. MS. DONAHUE: Kathleen Donahue, and I strongly support this resolution. CHAIRWOMAN HILLER: Thank you. MS. VACORINO: Jo Vacorino (phonetic); I support this resolution. CHAIRWOMAN HILLER: Thank you. MR. GRAHAM: Gale Graham, and I support this resolution. MS. PEREMBA: Terri Peremba (phonetic), and I support this resolution. MS. GRAY: Joanne Gray, and I support this resolution. CHAIRWOMAN HILLER: Thank you. Page 60 February 26, 2013 MR. SENONES: My name is Thomas Senones. I'm also a Vietnam vet, and I support this resolution. CHAIRWOMAN HILLER: Thank you. And thank you for your service. MS. PARDUE: Lorita Pardue. I support this resolution. CHAIRWOMAN HILLER: Thank you. MR. PARDUE: I'm Terry Pardue, and I support this resolution. CHAIRWOMAN HILLER: Thank you. MR. SCHNORBACH: Hi. My name is Matt Schnorbach, and I also wanted to quickly say that I overheard at a prior hearing earlier that this board has full considerations of the citizens, and I just wanted to state that the citizens are the Constitution. Thank you. CHAIRWOMAN HILLER: Thank you. MS. LING: Doris Ling; I support the resolution. CHAIRWOMAN HILLER: Thank you. MR. TRAPANI: Bill Trapani (phonetic), veteran; I support this resolution. CHAIRWOMAN HILLER: Thank you, and thank you for your service. MR. STREET: Jeff Street, dryfiregun.com. I support this resolution. CHAIRWOMAN HILLER: Thank you. MS. DOYLE: Good morning. Sandy Doyle, and I firmly support this resolution. CHAIRWOMAN HILLER: Thank you, Sandy. MS. DOYLE: Thank you. MS. KOCSES: Michelle Kocses; I support this resolution. CHAIRWOMAN HILLER: Thank you. MR. MARTINEZ: Alvaro Martinez. I'm a parent, I strongly support this resolution, and nothing unites more than freedom itself. CHAIRWOMAN HILLER: Thank you. MR. BRUNER: Rick Bruner, and I firmly support this Page 61 February 26, 2013 resolution. CHAIRWOMAN HILLER: Thank you. MS. MARTINEZ: My name's Elsa Martinez, and I strongly support this resolution. CHAIRWOMAN HILLER: Thank you. MS. TAYLOR: Dee Taylor, and I support this resolution. CHAIRWOMAN HILLER: Thank you. MR. D.C. TAYLOR: D.C. Taylor, retired federal agent, and I support this resolution. CHAIRWOMAN HILLER: Thank you, and thank you for your service. MR. SCOFIELD: Rocky Scofield, and I'd like to be added on the end over here to speak for a few minutes. CHAIRWOMAN HILLER: Rocky, how could you? Go ahead. Give him one minute. Just kidding. MR. SCOFIELD: That's all I need. MR. BALDUKE: David Balduke (phonetic), and I support this resolution. CHAIRWOMAN HILLER: Thank you. MS. GLEASON: Marne Gleason, and I support the resolution; mother of two. CHAIRWOMAN HILLER: Thank you, thank you. MR. RICHTER: Peter Richter, and I completely support the resolution. CHAIRWOMAN HILLER: Thank you very much. Is there anybody else that would like to step to the podium to state their support? (No response.) CHAIRWOMAN HILLER: With that, we'll go ahead and begin with our first speaker, Keith Flaugh. You have six minutes. Could you also state who has ceded you time? MR. FLAUGH: Madam Chairwoman, my name is Keith Flaugh, Page 62 February 26, 2013 citizen of Marco Island. Actually, Doris Ling and Kathy Donahue have both ceded their time to me. Good morning, Commissioners. I'd like to thank you for considering this revised resolution introduced by Tom -- by Mr. Henning, Commissioner Henning. As a resident of Collier County, I will speak to the resolution and why we think it's county business, and I also will address the moral aspect, the moral argument as to why this is -- relates to all of us. Passing this resolution should be very simple. This is not about gun control. I say this again. This is not about gun control. This is a simple and straightforward action to urge you to pass a resolution, we hope unanimously, to send a resounding message to our governor and our legislature -- that's the wording of the resolution -- to encourage them to pass law to stand up against federal overreach. The Second Amendment and the U.S. Constitution, as written, is absolutely critical, and we ask you to protect the rights of all citizens in this county, frankly, whether they want you to or not. The right of self-defense against crime and tyranny is an unalienable God-given right or, if you prefer, a natural right. We're born with it. Violent crime does exist in our community, drug abuse does occur, and mental illness, as evidenced by the recent tragedies, can occur anyplace, anytime. Evil does exist, and unless and until we have a society that addresses the current root causes of this, it is critical that you as an individual may have only seconds to protect the life of yourself and your family. More prevalent -- or more important we think, or at least equally prevalent today -- is the federal overreach on a very wide range of items. I'm not going to go through those again. We talked about those the last time. But there's many examples recently of the federal government passing bad law that's been yet untested in the courts. Page 63 February 26, 2013 These include NDAA, Patriot Act, et cetera, et cetera -- I could list off a bunch of them -- and it even includes a recent one going through Congress and our state on drones that affect our Fourth Amendment rights. And in fact, our sheriff has acknowledged that he's received calls from drone companies to purchase drones with federal grants. As elective representatives, we ask you to stop and think, when is enough enough? You're our first line of defense, and we ask you to stand up and help us defend and protect our God-given rights. Now I'd like to make the moral argument. Each one of us in this room, if we ask you, do you have rights, we'd surely say, resoundingly, of course I have rights. When we ask you the next question, where do your rights come from? The ignorant and the ill-informed will say that they come from government, or some will even say they come from our Constitution. Well, the students of economic freedom and individual liberty will say that they come from our creator or from our natural humanity. Our Constitution was created to protect our rights, not grant them, and we ask you to honor that. One last point I would like to make, and we sincerely thank Commissioner Henning for his leadership in pulling this together, but it does -- I feel compelled to at least point out that this does stop short of the Marco Island resolution that was passed. They actually passed it 4-3 urging the state legislature to nullify federal overreach, so a little bit stronger wording. The -- there's also the Florida House Memorial, which is currently in process in the Florida House and Senate; does have a little bit stronger wording, and it does -- it's not been passed yet, so it could change, but it does have stronger wording on the 10th Amendment. So please pass this resolution as it's revised with Tom Henning's leadership but with the knowledge that you may need to revisit this subject down the road if continued overreach in the federal government continues to happen. Page 64 February 26, 2013 I'd like to just close by saying and asking every person in this room to simply ask and answer a question for themselves. What is the role of government in the lives of free people? Thank you. (Applause.) CHAIRWOMAN HILLER: Please state your name for the record and who has ceded time for you, Jared. MR. GRAFINI: Yeah. My name is Jared Grafini, and I had an additional three minutes allotted from Peter Richter. CHAIRWOMAN HILLER: As such, Jared will receive six minutes. MR. GRAFINI: Before I get started, I have a memo here that I'm going to reference, and I can give a copy to each of the commissioners, if you'd like. CHAIRWOMAN HILLER: Yes. And please give a copy to the court reporter so it can be entered into the record. Thank you. MR. GRAFINI: First and foremost, I'd like to thank the Collier County Commissioners, and specifically Chairwoman Hiller, for having this item on the agenda and giving everyone an opportunity to speak on its behalf. I'd also like to thank Commissioner Henning for the effort he put in to help draft and fine-tune some of the language of this particular resolution. As Mr. Flaugh mentioned, last week the city council of Marco Island passed a similar resolution to what's in front of you today. Within that resolution, there was a requirement that the city council call upon this board, the Florida Legislature, and also the Florida governor to immediately pass an act to interpose on any federal law, executive order, or resolution or regulation that would restrict the individual rights of everyone in this country to keep and bear arms and the implementation thereof within the State of Florida. By passing this resolution here today, the Board of County Page 65 February 26, 2013 Commissioners would declare its support, its continued support for the Second Amendment of the U.S. Constitution, but most importantly it would affirm that the BCC would not assist, support, or condone any unconstitutional infringement upon the rights codified within the Second Amendment. It would also require the county to reach out and to call upon the Florida Legislature and governor to resist or overturn any federal law or gun control -- any federal gun control measure that violates these same rights. We're talking about the protection of established rights, constitutional rights. We're not talking about scare tactics, we're not talking about owning nuclear weapons, we're not talking about grenade launchers. We're talking about established constitutional rights. Now, the memo that was just handed out was a Department of Justice memo, came out January 4, 2013, Greg Ridgeway, deputy director of the National Institute of Justice. Now, within this particular memo, it talks about all the gun control measures that we're hearing about quite often; buybacks, magazine capacity restrictions, background checks, assault weapons ban, and even smart guns. And the Department of Justice memo contains information on each of those particular measures and how ineffective they are in stemming gun violence. Gun buybacks, quote, are ineffective as generally implemented; magazine capacity restrictions, ineffective; and if there's an exemption for previously-owned magazines, it would, quote, eliminate any impact. Background checks, ineffective without registration. It improves law enforcement's ability to retrieve guns from owners with registration. Assault weapons ban. Quote, a complete elimination of assault weapons would not have a large impact on gun homicides. Since assault weapons are not a major contributor to U.S. gun homicide and Page 66 February 26, 2013 the existing stock of guns is large, an assault weapon ban is unlikely to have an impact on gun violence. Smart guns. There would remain an elicit market for those guns without smart technology or guns where the technology has been nullified or neutralized. Now, what it mentions in this memo is that all of these measures are ineffective unless coupled with gun -- massive gun buybacks and no exemptions, and national registration. So the issues that many of us feel are a problem with a massive federal overreach on the Second Amendment are addressed in this memo. It's not scare tactic. It's not conspiratorial. It's real. It's something that's out there. Now, as a non-charter county in the State of Florida, our county government derives its power and authority directly from the Florida Constitution and Florida Statutes, particularly Florida Statute 125.01 . Now, that statute is a non-exhaustive list of powers and duties; however, in Subsection W, the statute states, quote, the power -- well, the powers of a non-charter county are to, quote, perform any other acts not inconsistent with law, which acts are in the common interest of the people of the county, and exercise all powers and privileges not specifically prohibited by law. So let us not forget that it was recently held by the Supreme Court in District of Columbia v. Heller as well as McDonald versus the City of Chicago, the Second Amendment of the Constitution applies to an individual right to keep and bear arms. Now, the Florida Constitution, under Article I, Section 8, also provides for an individual right of the people to keep and bear arms. So as our elected representatives of the people of Collier County, it is the responsibility of this board not only to protect and defend the Constitution of the United States upon which you have all sworn an oath, but also to perform any action that is in the common interest of the people of Collier County and to exercise all powers and privileges Page 67 February 26, 2013 necessary to do so. It is in all of our common interests that our individual rights and liberties are protected, even the naysayers, whether it's the right of freedom of speech or the right to due process prior to being deprived of life, liberty, or property, or the right to be protected from unreasonable searches and seizures and, of course, the right to keep and bear arms. As was mentioned earlier, yes, the entire Bill of Rights and beyond the Bill of Rights are important and need to be protected, so we need to be aware of that. But on this particular issue, we're looking at the Second Amendment here. Today we call upon you, the Board of County Commissioners of Collier County, Florida, to stand shoulder to shoulder with our founding fathers, with Thomas Jefferson, who wrote -- who penned our Declaration of Independence from England, and with all the signers on the U.S. Constitution, as well as James Madison, who penned the Second Amendment. Most importantly, as the elected body most accessible by the people, be that crucial last line of defense against unconstitutional federal overreach by standing for liberty and protecting the individual rights of every man, woman, and child in Collier County by voting in the affirmative on this resolution today. Thank you. CHAIRWOMAN HILLER: Thank you. (Applause.) CHAIRWOMAN HILLER: The next speaker is Victor Rios. Three minutes. MR. RIOS: Good morning. Thank you very much for giving me the opportunity. My name is Victor Rios, 970 Cay Marco Drive, Marco Island, Florida. And I'm not going to repeat what has been said, but the founding fathers didn't write the Second Amendment to allow people to go Page 68 February 26, 2013 hunting. They were concerned that over centuries government tyrants have killed their own people. And if you -- recent history, 1936, Hitler, okay, wrote a law to make the people safer, and they confiscated all the guns. First there was registration, then confiscation, and 30 million people were killed; 6 million Jews and 7 million other, okay. Mao Tse-Tung, okay, killed over 40 million Chinese, okay; Stalin, over 20 million. Then there's me, little old me. I was born in Cuba, okay. When I was 14 years old, I support Castro. I thought he was the savior, okay, and I fought for him. I got beaten by the police. Then he took over in 1959. I was a student, engineering student in Havana University. And what happened? What is the first thing Castro do? He took the weapons away, okay. That's the first thing tyrants do. Second, I was arrested just for complaining about losing my liberty, my freedom. I was tortured, and it wasn't waterboarding. Waterboarding is not torture. I won't repeat here what was done. During the torture session, Che Guevara, that guy that you see the picture on all the colleges or the students, okay, he came at one of our sessions. And one of the persons challenged him, he said, when did you attack my freedom? Take the pistol away and be with me to defend my freedom. Che Guevara took the .45, pointed to the guy's head, and blew his brains out. And you know who cleaned up the mess? Me. I never forget that. I didn't talk about it for years. Okay. And I see now -- you know, I came to this country in 1961, and I'm here, 52 years later almost going back to where I began. I began in jail, torture, okay, offended, berated, okay, lost my freedom. I saw people executed, okay. And the founding fathers in this country had the foresight to set out a procedure. If we want to eliminate an amendment, two-thirds of Congress must vote for it, and then three-quarters of the state; not by fear of the president, not by fear of our legislature. Page 69 February 26, 2013 Now, I heard people here say about killing and protecting. You know, more people died in 2011 -- this is FBI statistics -- by hammers than by so-called assault weapons. So I implore of you to approve the resolution and let our legislators know that you are for the people of this county and for the people of the United States. Thank you very much. (Applause.) CHAIRWOMAN HILLER: Mr. -- one second. Mr. Rios, can you come back for a minute? MR. RIOS: Yes. CHAIRWOMAN HILLER: I completely get it. My parents, Nazis, communists, exactly the same. The torture, guns, the control, the abuse. You are 100 percent right, and I have heard the same from my parents and my grandparents. So thank you. MR. RIOS: Thank you very much. (Applause.) CHAIRWOMAN HILLER: Frank? Three minutes for Frank. MR. RAMPINO: Thank you, Board of Commissioners. A well-regulated militia being necessary to the security of a free state -- CHAIRWOMAN HILLER: Sir, could you -- Frank, state your name, your full name, for the record. MR. RAMPINO: Frank Rampino. I live at 14278 Manchester Drive, Naples, Florida. I'm a resident here, I'm a Vietnam veteran, and I am very happy to be here today. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed, period. That's what the Second Amendment states. If that amendment must be changed, then it has to be done by two-thirds of Congress and three-quarters of the state. Now, my wife is a retired secret service agent. Here is her badge, okay. She doesn't recall ever being told by any of her bosses that Page 70 February 26, 2013 because the president of the United States or the vice president or anybody is traveling to a city that has tough gun laws, that the secret service should disarm. It's just not done. Now, that may be funny, but it's true. CHAIRWOMAN HILLER: Smart. MR. RAMPINO: It really is true. So anybody telling you that Chicago, New York, Illinois, any of those states that have tough gun laws are going to keep violence down, it's just not happening, okay. Now, I want to just bring forth just one issue here that I think is important. In 1968 the Supreme Court had to hear a case; the case was Haines versus the U.S. It was about a gentleman who was a convicted felon, okay, who had two assault weapons and a sawed-off shotgun and were not registered. He was arrested. He took the United States to court based on the fact that he didn't want to register those guns because his Fifth Amendment rights were violated. The Supreme Court voted in his favor 8-1 that he did not have to register those guns. So if a convicted felon doesn't have to register his guns, then who does? Who does? Legal citizens who very, very much don't commit crime. It's those who don't register their guns that commit the crime. It's those who are doing illegal activities that are doing the crimes. Now, you can't -- we live in a society of wolves. You can't create more sheep to fight that violence. You just can't do that. And I am imploring -- I am imploring this group of commissioners to please vote for the amendment. In closing, I just want to mention two more things which I think is most important. We live in one of the greatest countries of the world. And in our society, okay, when the amendment was -- when the Constitution was founded, our founders gave their power to the states. We have sovereign states, and we have a right to rule ourselves. Page 71 February 26, 2013 Thank you. Please vote for the amendment. CHAIRWOMAN HILLER: Thank you. (Applause.) CHAIRWOMAN HILLER: Our next speaker is Joe Whitehead. Three minutes. MR. WHITEHEAD: Commissioner Hiller, before I begin, can I verify that each member of the commission have a copy of this document so that I'm -- Mr. Miller will bring it. CHAIRWOMAN HILLER: Can you make sure a copy is handed to the court reporter. MR. WHITEHEAD: And I believe -- Mr. Miller, did you supply one to the court reporter. Thank you. CHAIRWOMAN HILLER: Thank you very much. MR. WHITEHEAD: My name is Joe Whitehead. I also, like the others, encourage you to support this resolution. I served as a member of the law enforcement community for many years and also in the United States Military. I'm here representing neither of those groups. I just want to represent the truth. Now, some of the anti-gun and anti-constitutional forces that plague us with misinformation want us to believe three things: One, that guns are inherently evil; two, that guns drive crime rates; and, three, that pigs have wings. What I'm -- what I'm here to explain is there's some truths about gun ownership that never seems to make it out that I wanted to -- that I've researched carefully, and I wanted to bring that to your attention today. I'll move through very quickly. I call this the seven magnificent truths of gun ownership. Item No. 1 : While the population of this country is approximately 314 million people, we have, verifiably, 350 million firearms in private hands. More guns than people. They actually outnumber us. The number of known individuals to have a firearm, verifiably, in Page 72 February 26, 2013 this country stands currently at about 110 million. Now, here's where it gets interesting. According to FBI UCR stats -- that's the Uniform Crime Reporting. That's the data they collect from all over the country. In 2001, the violent crime rate per 100,000 people was 609 incidents. At the end of 2011, however, the violent crime rate per 100,000 people fell to 334 incidents. That's almost a 50 percent drop in violent crime where, as the Kia guy says, "That's huge." If guns were evil and caused crime, it is impossible for this reality to have occurred. For the number of gun owner -- number owning guns and gun ownership to have dramatically increased and violent crime dramatically decreased. Now, in addition to those first three facts I mentioned, in the State of Florida we have just over 1 million residents who hold concealed weapons permits. That was achieved in December of 2012. The crime rate, by the way, here in Collier County, that's Point No. 5, was just released, and fell another 10.4 percent in 2012. That's something for everyone here to be proud of and to feel very good about. Item No. 6, a landmark Supreme Court decision, McDonald versus the City of Chicago. In that case, not only did the court -- high court rule that gun ownership in the Second Amendment were your right, but they even referred to it, quote, as a civil right. When have you ever heard that expressed in the media? And Item No. 7, the single largest placement of firearms into the hands of known violent criminals without background checks was done at the hands of our own Federal Department of Justice as part of Fast and Furious. As a result, federal agents and countless numbers of innocent Mexican citizens were murdered. They want background checks for us, but they don't want them on the people they hand the guns to who they know are criminals. There are those who'd be willing to trade freedom for the Page 73 February 26, 2013 perception of security at the hands of an overreaching, all-powerful government. Losing freedom doesn't make us safer, but it makes us slaves to the mandates of bureaucracy. Freedom is trickle up; tyranny is top-down oppression. Any government that doesn't trust its people is a government that can't be trusted. On this day I ask you, push back the forces of tyranny and let freedom ring. Thank you. CHAIRWOMAN HILLER: Thank you. (Applause.) CHAIRWOMAN HILLER: Before we bring our next speaker up, we have a time-certain at 11 : 15 a.m., which is Item 11A, but it appears there are no public speakers. MR. MILLER: We have one. CHAIRWOMAN HILLER: We do? Who is the one speaker registered for that? MR. MILLER: Ellie Krier. CHAIRWOMAN HILLER: Ellie, you do have a time-certain, so I'd like to take a minute to interrupt the sequence of speakers, since we do have a speaker in the audience waiting for this time-certain item. COMMISSIONER HENNING: Okay. I must ask, which -- what is the hierarchy, the 10:30 or 11 :15? CHAIRWOMAN HILLER: Oh. You know what? Good point. You know, I appreciate you bringing that up. I wasn't even thinking in that -- COMMISSIONER HENNING: I mean, I -- CHAIRWOMAN HILLER: No, no. I think you're absolutely right. Can I ask -- COMMISSIONER HENNING: It's my ADD. I need to stay focused on one issue. CHAIRWOMAN HILLER: You know what? Commissioner Henning is right, because the 10:30 trumps the 11 : 15. Can I ask the Page 74 February 26, 2013 10:30 time-certains, would they allow Ellie to publicly speak and let her go? Since, otherwise, she's going to be here for a very long time. Would that be okay? Do I have consensus? Thank you. You're all very gracious. And, Commissioner Henning, good point. Item #11A RECOMMENDATION TO AWARD INVITATION TO BID (ITB) #13-5986R TO MANHATTAN CONSTRUCTION, INC., IN THE AMOUNT OF $8,939,010 FOR THE CONSTRUCTION OF THE GORDON RIVER GREENWAY PARK PROJECT #80065 AND AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE CONTRACT — APPROVED Okay. We're going to go to 11A. MR. OCHS: Yes, ma'am. If I might just read it so the audience knows where we are. CHAIRWOMAN HILLER: Yes. MR. OCHS: This is recommendation to award Invitation to Bid 15-5986R to Manhattan Construction, Incorporated, in the amount of $8,939,010 for the construction of the Gordon River Greenway project, and authorize the chairwoman to execute the attached contract. COMMISSIONER FIALA: Motion to approve. CHAIRWOMAN HILLER: Wow. COMMISSIONER COYLE: Second. CHAIRWOMAN HILLER: Nice, okay. Before I get started, I just want to explain, the reason I actually was going to bring the 11 : 15 is because our speaker coordinator told me there were no public speakers, so I actually was going to take 11A, and I was going to push it to after lunch, and you threw your hand up and, you know, just Page 75 February 26, 2013 turned it all head over heels. MS. KRIER: Sorry. CHAIRWOMAN HILLER: We have a motion on the table and a second. County Manager, do you feel compelled to have Mr. Williams speak, or is this something you would like to pass? Are there certain comments you would like to make for the record? MR. OCHS: No, ma'am, only that this is a long time in coming. We're looking forward to it. The project is budgeted fully, and we appreciate the board's leadership and the indulgence of all the stakeholders, and we're anxious to move forward. CHAIRWOMAN HILLER: If I could ask one thing be done for the record, because I think the public ought to know what a tremendous collaboration of funds this is, that this is not all local taxpayer dollars, could you do one thing, Mr. Williams, and that is -- MR. WILLIAMS: Yes. CHAIRWOMAN HILLER: -- please list the names of all the different entities that are contributing funds towards this $8.9 million, because this is not all coming from property taxes. MR. WILLIAMS: Yes, ma'am. MR. OCHS: Just recite the general categories of funding. MR. WILLIAMS: Yes, ma'am. Barry Williams, parks and recreation director, absolutely. Commissioner Hiller, the funding that's coming for this project's coming from a variety of sources. Florida Communities Trust is funding the parks and recreation portion of the project; Conservation Collier funds are also providing funds; and Naples Zoo is providing a contribution. I do want to mention, if I may, the stakeholders -- CHAIRWOMAN HILLER: Yes, please. MR. WILLIAMS: -- just to talk about those. We've been working very closely with a variety of stakeholders, including the Page 76 February 26, 2013 Naples Airport Authority, Southwest Florida Land Preservation Trust, which Ms. Krier represents, City of Naples, Bear's Paw, Conservancy of Southwest Florida, and the Collier County School District. CHAIRWOMAN HILLER: Thank you. MR. WILLIAMS: Yes, ma'am. CHAIRWOMAN HILLER: Would you like to comment? MS. KRIER: Only to say that the first time the drawings were put on the map was in 1987 with R/UDAT. It's been a long time coming, and we thank you for your continued support of all of this on behalf of both the land trust -- I'm Ellie Krier, executive director of the land trust, and the zoo. CHAIRWOMAN HILLER: And, Ellie, thank you for your leadership and the coalition that you've built to make this a reality. It has been a long time coming, and you've done an outstanding job. MS. KRIER: Thank you. We're very excited. CHAIRWOMAN HILLER: There being no further discussion -- Commissioner Henning just stepped out. Should we wait for him? Do we want to -- COMMISSIONER COYLE: Call the question. CHAIRWOMAN HILLER: Okay. I've been asked to call the question. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: (Absent.) CHAIRWOMAN HILLER: Motion carries unanimously. MR. OCHS: Thank you. Item #10E — Continued from earlier in the meeting Page 77 February 26, 2013 RESOLUTION 2013-56: A RESOLUTION IN SUPPORT OF THE SECOND AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES — ADOPTED CHAIRWOMAN HILLER: Thank you very much, 10:30 time-certain group. Let's get back on track. The next speaker is Jerry Rutherford. He'll be awarded three minutes. MR. RUTHERFORD: To quote a fellow many years ago, I'm an indefatigable reader, and for the past 30 years I have studied the founding fathers and their writings on the Constitution, Bill of Rights, et cetera. And one of our founders and an original chief justice, James Wilson, stated, the first and governing maxim in the interpretation of a statute is to discover the meaning of those who made it. Another founder said, if you want to know the meaning of the founders' rulings, read the writings on the subject. And so if we don't study what they said about the situation, we can't possibly know what they meant by it. Connecticut is an example of the meaning of the Second Amendment. In 1650 the statute required that all persons that are above the age of 16 years shall bear arms. As part of the obligation, every male person within the jurisdiction above, that is on the age of 16, shall have in continual readiness good musket or other gun fit for service and allowed by the clerk of the land. Similar laws were made in other states. At least six of the colonies, part of the civic duty was to be armed including bringing their guns to church and other public meetings and while traveling. It was later upgraded to include a fine for not carrying a weapon. Understandably, this was partially because of the Indians, but there was also warning by the founding fathers of government tyranny. Page 78 February 26, 2013 To protect ones' self and family is no less needed today using whatever weapon is necessary. A baseball bat's pretty good sometimes, but I don't think it'll face up to a gun. Until a few years ago, I had not owned a weapon since being discharged from the military service. But when I saw the violence of those around me, some on drugs, alcohol, or just immoral, I said, something has to be done, and so I decided the best thing to do to protect my family was to have a weapon. Our nation would not have survived the revolution without weapons. And that's all I have to say. Thank you. (Applause.) CHAIRWOMAN HILLER: Thank you. The next speaker is Keith. Keith, state your name for the record. You have three minutes. MR. HANSON: Thank you. Good morning, Madam Chair, Commissioners. My name is Keith Hanson, and although I am not a resident of Collier County, I am a resident of Lee, I am the host of a conservative talk radio show on 98.9 here in Naples, the Keith Hanson Show. And I have heard from countless, countless listeners who are concerned about this resolution. I stand before you here today because I'm concerned that the outcome of this hearing will affect other communities throughout the State of Florida. It's interesting, Alaska House of Representatives two days ago, House Bill 69, passed 31-5 the Second Amendment Preservation Act. I find it very serious that we have individuals in the room here who think that this is not the role of county government to pass a resolution of this sort. Clearly, the people who would stand before you and suggest that this is not the role of county government slept through eighth-grade civics, and they also have no understanding of what a federalist system of government is. The role of the federal government is to interpret laws passed by Page 79 February 26, 2013 the states in accordance with the supreme law of the land and to provide protection to the residents of the nation. It is your responsibility as oath keepers to preserve, protect, and defend the Constitution of the United States, the document that you swore to protect when you were elected and you took office, not to capitulate to the emotionally fueled pet projects of transplanted liberals who have demolished their own states and are funded by progressive Washington think tanks. I am not here today to implore you to pass this resolution. My expectation as a person who has taken an oath to protect and defend the Constitution of the United States, my expectation of all of you, is to honor your oath and do your job. If not, the residents of this county will do theirs the next election cycle. Thank you. (Applause.) CHAIRWOMAN HILLER: Thank you. Our next speaker is Tom. Tom, please state your name for the record. You have three minutes. MR. WRIGHT: Thomas Wright, resident of Collier County 21 years, retired firefighter, veteran, oath keeper, and an NRA instructor. Some of the opposition who spoke earlier said that they want to keep our children safe. I do not feel that my child's safe in a Collier County school because it's a gun-free zone. The resource officer may not be where the bad guy is or bad guys are. By the time they get there and they inflict their damage, it's over -- it's already too late. The only time I feel my daughter is safe is when she's with me, and I'm allowed to carry my gun. So that's the only time I know that she's safe. And she also has her own weapons, and she trains with them on a regular basis. She's 17 years old and a very good shot, thanks to me and the NRA, as well as Appleseed. I'm a proud member of the Appleseed project, making riflemen -- making Americans riflemen once again. The opposition doesn't understand the Tenth Amendment. It is Page 80 February 26, 2013 up to this body, as up to the people, because what's not left to the government from the Constitution is left to the states or to the people. So we are here today to say we are tired of the overreach of our federal government. Some -- there's land uses that are being done but, mainly, this Second Amendment's brought me out. As Charlton Heston would say, you can take my gun when you pry it from my cold, dead hands. I'm not going to give up my guns. After Katrina in New Orleans, what they did to those people by taking their guns and assaulting them and running into their houses without warrants, without reason, it was just unacceptable to me, and that's the day I became an oath keeper. So I'd ask just a very simple, simple vote, honor the Constitution and your oath, like I do every day. And it would be nice, you know, resource officer here and the one in the back and the couple guys standing here, they really can't -- nobody here in this room's even safe for somebody that's well trained that can inflict harm. They can calmly walk over and harm somebody before they can get there. It's after the fact. It would be up to the guy sitting next to the person that might be assaulted to stand up like Americans are doing after 9/11 . We're no longer going to be victims. We stand. And I thank you for -- Commissioner Henning, for working with the resolution, and Georgia -- Madam Chair, I thank you for bringing this forward as well. I trust all -- it's a unanimous vote, and I thank you. CHAIRWOMAN HILLER: I just want you to know, by any other name, I'm still the same person, so I'll take them all. Thank you. (Applause.) CHAIRWOMAN HILLER: Jerry, if you'd state your name for the record and also please state who has ceded you time. MR. EDDELMAN: My name is Jerry Eddelman, and Bill Farley has ceded me his three minutes. CHAIRWOMAN HILLER: So Jerry will have six minutes. Page 81 February 26, 2013 MR. EDDELMAN: Thank you, Bill. Madam Chair, County Commissioners, distinguished guests and Friends of Liberty, thank you for allowing me to speak. For the record, my name is Jerry Eddelman, and I've been a resident of Collier County for most of my 57 years, having arrived here in the spring of 1967. I'm grateful to be here and humbled by the opportunity to offer a few brief remarks in support of the proposed resolution. I retired from a successful military career as an officer in the United States Army Corps of Engineers 20 years ago, and I was privileged to return home to Naples at that time. I am and have always considered myself to be a patriot. Not surprisingly, a majority of Americans profess the same, yet a 2004 Harris Poll revealed that not four in 10 of my fellow countrymen can correctly recite the national anthem, and many do not realize that the official title of that anthem is the Star Spangled Banner. So it should not then be surprising for us to discover that many citizens of this great land are confused by the wording or, indeed, the inherent meaning of the Second Amendment to the U.S. Constitution. Many Americans wrongfully suppose that this amendment applies only to a militia of their fellows proudly uniformed in service to the country, while others believe that the right to keep and bear arms is intended for hunting or other sporting purposes. Few realize that the amendment itself was forged by the fire of the minutemen in battles fought on the Village Green of Lexington and at the north bridge of Concord in the Massachusetts Bay province on April 19, 1775, when, in the immortal words of Ralph Waldo Emerson, embattled farmers stood and fired the shot heard 'round the world. The spark that lit the powdered keg that became the American Revolution was struck in defiance of tyranny when King George's British army regular sought to destroy the military supplies of the colonists. They came for the guns, and the farmers fought back. Page 82 February 26, 2013 Thus, did the belief in the God-given right of self-defense emerge as the primary conviction that patriots have bled and died to preserve ever since. For 238 years the lamp of liberty has been held high for the rest of the world by our great nation and, as a result, millions of people around the globe have since fought for and won their own independence. These many freedoms, these rights, these truths which we hold to be self-evident are not the fancy words of a long forgotten by-line. They are the lifeblood of our republic, and they are as inseparable to me as I am to them. Yes, I support the Second Amendment, because the Second Amendment supports me. This amendment, indeed, all the provisions enumerated so eloquently in the Bill of Rights, were the illumination of brilliant men who pledged their lives, their fortunes, and their sacred honor to secure the many blessings of liberty which we so freely enjoy to this day. This is no mere code of ethics for sunshine patriots. They are shields against tyranny and the assurance that our rights shall not be infringed. Noah Webster, in the 1787, explained the Second Amendment to the Constitution this way: "The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. "A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional, for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive." Unjust and unconstitutional laws such as those that are now being proposed by the national legislature, which are specifically designed Page 83 February 26, 2013 to infringe our statutory right to keep and bear arms, are both foul and unenforceable. As a soldier, I took an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic, and to obey the orders of the president of the United States and the officers appointed over me. But as Keith has pointed out previously, my oath did not come with an expiration date; however, it also does not obligate me to abide by any unconstitutional ordinance or to obey any unlawful order. As a result of media excitement over very real and tragic recent circumstances, there are many in our society searching for answers. Unfortunately, the problems have been defined incorrectly, and the solutions proposed have targeted our basic liberties. Intelligent, free-thinking people understand this, and all across the country patriots are rising to defend the Second Amendment. Local communities, sovereign states, and many law enforcement associations have made public their opposition to these infringements and confirm that they will refuse to support any legislation which seeks to limit our rights under the U.S. Constitution. The opportunity's now before this commission to stand united with us in this great endeavor. Now is the time to say no to federal pressure and the liberal media agenda. Now is the time to stand and be counted. Today is the day, now is the time, this is the place, and this commission, as the voice of your constituents, has the right and, indeed, the moral obligation to adopt this resolution and to send a clear message throughout the State of Florida and to the nation at large that we, the people, will not stand idly by while our rights are eroded. And this, then, your courageous act will echo the shots fired by our patriot forefathers and shall, likewise, be heard around the world. Thank you. God bless you all. God bless the United States of America. (Applause.) Page 84 February 26, 2013 CHAIRWOMAN HILLER: Steve, if you could state your name for the record. You have three minutes. MR. MERRETTE: Hi. My name is Steve Merrette. Thank you, Commissioners and ladies and gentlemen of the audience. You know, I took a little time off from work today because this is something that's very important to me as it is, I'm sure, with many of the other folks in this audience here. Two hundred and thirty-seven years ago a brave bunch of men, colonists, declared independence from a monarchy, a top-down overbearing government. In their infinite wisdom, they crafted a document that's guided us for the last 237 years. In the Constitution, the intent is that the people are the ones that are in charge of governing themselves, and this power is to be at the local levels and rise up with a federal government that's there to loosely hold us together, just enough so that the states weren't bickering and fighting. So by passing this resolution you, in effect, are affirming the intentions of the Constitution and that you are the closest to the people that you're representing. You have a better feel for each and every one of the people here in this room and in Collier County because you deal with them on a daily basis, unlike the folks up in Washington who don't have a chance to get down here and don't know the people and don't know the particular instances and things that are particular just to Collier County. So with that in mind, I want to ask you to please support this resolution and keep in mind that you're doing your part in continuing their legacy and one that we want to be able to pass down to generations to come to keep the freedom that we've worked so hard for and so many have fought bravely and died for. Thank you. CHAIRWOMAN HILLER: Thank you very much. (Applause.) Page 85 February 26, 2013 CHAIRWOMAN HILLER: Linda, if you'd state your name for the record. You have three minutes. MS. ANDERS: My name is Linda Anders, and I live on 20th Avenue Northeast in Collier County. We, the supporters of Southwest Florida Citizens Alliance, invite and strongly urge each of you and all participants in this proceeding to attend both of the following events: Tonight, February 26th, there will be a Collier County town hall meeting at the Marco Presbyterian Church at 875 West Elkham Circle on Marco Island. This will be a two-part event. Sheriff Kevin Rambosk and Police Chief Don Hunter will lead a law enforcement panel discussion. The panel will discuss law enforcement's view of the Second Amendment dialogue today, their responsibilities to the oath of office to protect both our rights and our security as individual citizens, as well as public safety issues. Citizens will have ample opportunity to ask questions and learn what they can do to help local law enforcement. The second part of this event will be an educational seminar with attorney and constitutional scholar KrisAnne Hall on how can we preserve the Second Amendment and remedy federal overreach, learn the historical facts from our founders, and the history of successful rights, State rights, and their position, as well as the current state and local actions to stop federal overreach. Tomorrow night, February 27th at 7 p.m., there will be a Collier County town hall meeting in Naples. This is a different venue with KrisAnne Hall, attorney and constitutional scholar, and includes a dialogue with both KrisAnne and Robert Levy, who's the chairman of the Cato Board of directors, about preserving the Second Amendment. KrisAnne will present the state's rights case, and Bob Levy will present the opposing view that is more reliant on the courts as the remedy. Both are well-respected legal scholars, and this will be a fascinating event. If you are an intellectually curious person, you owe Page 86 February 26, 2013 yourself(sic) to understand both sides of this critical remedy to preserve our republic. This is your chance to pick the brains of two fantastic legal minds. This Wednesday, 6:30 p.m., February 27th at River Park Community Center in Naples, 301 11th Street North. This event will be moderated by Bob Harden, Southwest Florida's very popular radio talk show host, who's located at www.bobharden.com. Again, you will not get an opportunity like this anytime soon, so please take advantage of all of it. Thank you. CHAIRWOMAN HILLER: Thank you very much. (Applause.) CHAIRWOMAN HILLER: Our next speaker, Barbara; if you would state your name for the record, you have three minutes. MS. KAUFMANN: Good morning. My name is Barbara Kaufmann, and I live at 1944 Princess Court in Naples, Florida. As I stood up here this morning listening to the people who were for and against this, a multitude of emotions came over me; anger, sadness, overwhelming sadness for the country's -- and communism and tyranny, and I thank God -- and I'm here today as a mom, as a stay-at-home mom who home schools her children, because I believe it is my responsibility to teach them, to train them, to disciple them about what our Constitution means. I will tell you that as -- when I graduated high school, I had no understanding, and it was because of that reason I decided to go into college for a degree in history, because of the lack of knowledge that I received on how my government works. So I pray today that I'm here and I do my children right, to tell you that there are two words that came to mind -- this speech was originally posted for my daughter to give to you today, but because I'm here to train her, I'm here before you. Posterity. Our preamble talks about that. We, you, your children, your grandchildren are that posterity that we are here for to defend. Page 87 February 26, 2013 That's what those men did for us that day, okay. Now, they also spoke in our Declaration of Independence years prior to that about unalienable rights to life, liberty, and the pursuit of happiness, not inalienable. There's a difference. Inalienable means that they can be changed. Unalienable means that they shall not be changed. I'd like to leave with you or share with you some quotes. George Washington said that free people ought to be armed. Our Second Amendment rights are constantly misconstrued. We want to just cut out the second part of it. We want to say a well-regulated militia being necessary to the security of a free state. We have armed forces and a National Guard. But it also states, the right of the people to keep and bear arms shall not be infringed. I do not and have not -- oh, boy, I want to say a lot more here. I just went for my carry permit. I cried for an hour as I shot that gun, but it is my responsibility to defend myself. And in China, the same day as the Sandy Hook shooting, 22 people were stabbed at a school. How is that any different? I pray and thank God that there are men and women who carry guns, that I might not have something on to protect me. It's our responsibility. Evil will persist if good men and women stand and do nothing about it. Thank you very much. CHAIRWOMAN HILLER: Thank you. (Applause.) CHAIRWOMAN HILLER: Rocky? MR. SCOFIELD: Rocky Scofield, 38 Banyon Road. I had a big long speech, but it's not necessary after listening to all these comments this morning. And I'm not going to educate anybody up there this morning on the Second Amendment. Barbara just went through -- in my spare time I'm a firearms instructor. I didn't plan on talking about that, but we just ran Barbara Page 88 February 26, 2013 through a course, self-defense concealed weapons course. She did, she was on the range crying, holding a gun shooting it. She got through it. It was a long 10-hour on-the-range course that we do. And it's amazing at the end of the day the confidence that she had. She was there to protect her children, and I really commend people like Barbara for stepping up and doing that and taking the responsibility to protect their family. So I commend you. The only reason I'm here today -- well, the reason I'm here today to expound on my First Amendment rights is because of the Second Amendment. Without the Second Amendment, all of our other rights will perish; just ask the man from Cuba. So we have to be vigilant and, you know, take care of what we have. It's precious that this country -- I know all of you commissioners, I know you, I know you love your country, and I know you love the Constitution. But what's going on right now in this country is unprecedented. What's happened over the last four years, absolutely amazing, and it's only going to get worse over the next four years. Our rights are eroding before our eyes. The -- you know, the veil is off. The tyranny that's going on in our country is just beyond belief. We have to make a stand, and that's why we're here today looking for you to help pass this resolution. The law-abiding citizens should not have to pay the price and be disarmed because of the actions of criminals who are not going to comply no matter how many laws are passed or executive orders are handed down. So we urge you to stand firm on this resolution. We desperately need leaders to support and defend our Constitution and keep us from tyranny. Thank you for your time today. CHAIRWOMAN HILLER: Thank you. (Applause.) CHAIRWOMAN HILLER: On behalf of the board, I'd like to Page 89 February 26, 2013 thank all the speakers both for and against. MR. TOWNSEND: I only want to add -- CHAIRWOMAN HILLER: Is he a registered speaker? MR. MILLER: What's your name, sir? MR. TOWNSEND: Mike Townsend. I only want to add that guns are tools, like your mic, your chair, every inanimate thing we have. Tools don't kill people; people kill people. CHAIRWOMAN HILLER: Thank you. Thank you very much. (Applause.) CHAIRWOMAN HILLER: Again, on behalf of the board, I'd like to thank all the public speakers both for and against the resolution who took the time to come and exercise their First Amendment rights today. It's really commendable that we had such a turnout. And with that, there are a number of commissioners who would like to speak, but before we turn to the commissioners and give them the opportunity to speak, I'd like to ask Commissioner Henning if you would please read the actual resolution, which is the last paragraph, so it can be introduced into the record through you. COMMISSIONER HENNING: Okay. Now, therefore, be it resolved the Board of Commissioners of Collier County, that the board formally declares its continuing support of the Second Amendment of the Constitution of the United States, that we hereby affirm and we will not assist, support, or condone any unconstitutional infringement of rights, and that we call upon the governor and the Florida legislators to lawfully use all its powers to resist the overturn of any federal gun control measures that will violate the rights of the people in this state and of Collier County, and keep -- to keep and bear arms; and, be it resolved this resolution be transmitted to the clerk, Florida Senate and the House of Representative and the governor. CHAIRWOMAN HILLER: Thank you. Did you want to make a motion? COMMISSIONER HENNING: I'm going to make a motion to Page 90 February 26, 2013 approve this resolution; however, I do have concerns of things that were stated here today that I must comment on. CHAIRWOMAN HILLER: Would you allow Commissioner Coyle to speak first, since he was ahead of you? COMMISSIONER HENNING: Sure. CHAIRWOMAN HILLER: Thank you. Commissioner Coyle? COMMISSIONER COYLE: I don't mind. I can wait. But the -- you know, I wasn't planning on getting into this, Mr. Rios, but you brought back some old memories. I used to spend a lot of time in Cuba right before the -- Castro took over, and I, too, had the opportunity to run into Che Guevara but under substantially different circumstances in a small village of La Higuera in Viagrande Province in Bolivia about 10 years later. He was not a very nice person, and he did not meet a very nice end. But having said that, I'd like to get back to the point, and I think Commissioner Henning has touched upon it, and I'm sure he'll have more to say about it. Please understand that the resolution that we're considering here and that I will vote in support of specifically states that we will not assist, support, or condone any unconstitutional infringement. Now, a question of constitution or constitutional infringement is a decision we cannot make, so we have to abide by the Constitution that is before us. And so any rules that the federal government might make, it will take some time to determine whether or not they are unconstitutional. It will take court orders, probably, from the Supreme Court. So I don't want to try to deceive you about what this particular resolution will do. I don't think it will solve anything, but I think it sends a message that there are people who are concerned about what is going on in political circles, particularly in Washington. The first speaker made a very important statement that I agree Page 91 February 26, 2013 with, and he suggested that we need rational solutions to the problems. You will not get rational solutions out of Washington. It's just not going to happen from either party, by the way, and whatever they do will be mostly smoke and mirrors. And it's up to the people to try to push rational solutions, and that's hard to do. I wish I were smart enough to recommend to you how we solve the problems of mass shootings in our schools. Yes, we can put armed guards there, but we can't put armed guards everywhere. I hope all of you fellow NRA members and fellow veterans will recognize that we have to do something about keeping guns out of the hands of people who have severe mental problems. But how do you do that? I don't know how you do that without infringing on the rights of every other perfectly sane person who owns a gun. It's very difficult to do, but that doesn't mean we shouldn't try to do something and you shouldn't be open to some kind of resolution to those problems because, believe me -- I never understood the seriousness of our mental health problem in this nation until I got this job, okay. COMMISSIONER NANCE: I might resemble that remark, Commissioner Coyle. COMMISSIONER COYLE: You very well might. CHAIRWOMAN HILLER: And I was going to ask -- I was going to ask, was it at that point that you started feeling like you were losing your mind? COMMISSIONER COYLE: No, no. I've always felt that way, but it's just that I have an opportunity now to come into contact with a lot of people who are very, very strange, and we don't want those people carrying guns. I hope you would agree with me. But in any event, I hope you will go back and think of ways that we can do something positive about solving some of those problems, because I'll admit to you, I don't have the solution. I just don't know how to do it, but we've got to do something. So please be open to those kinds of solutions. Page 92 February 26, 2013 And with that, I'll terminate my speech and vote in favor. CHAIRWOMAN HILLER: Thank you. Commissioner Henning, would you like to speak now, or would you like Commissioner Nance to precede you? COMMISSIONER HENNING: No, just real short. Commissioner Coyle is correct, this is an affirmation of our commitment to your rights and the rights of all the citizens of Collier County and, in particular, the Second Amendment. The concerning statements that I heard is what kind of message you're sending to our visitors coming to Collier County by passing this resolution. Well, yesterday we had our Second Amendment rights, and tomorrow we'll have our Second Amendment rights. It has nothing to do with this resolution. And, furthermore, we are one of the safest communities in the State of Florida. And, in fact, we are the safest community, coastal community in the State of Florida. That's why we're -- why we have a premier county, and thanks to the leadership of the Sheriffs Department, past and present, that we have the safety. In our school systems, I know, because I have a child in elementary school, that school you cannot get in. It's locked down. Nobody can get into that school. Every one of our schools has a deputy to protect our students, our kids, our children. This resolution does not divide our community. I think it's overwhelming by the people here that we have young and old, our seniors and, you know, kids from school, a lot of people took off work to come down and speak their mind on this resolution. That is not dividing a community. That is a community saying to their elected officials this is what we want. So I'll stand to let my other colleagues speak. CHAIRWOMAN HILLER: And you had made a motion to approve the resolution? Page 93 February 26, 2013 COMMISSIONER HENNING: I did. COMMISSIONER FIALA: And you seconded it? COMMISSIONER COYLE: If nobody already seconded, I'll second it. CHAIRWOMAN HILLER: All right. Seconded by Commissioner Coyle. Commissioner Nance? COMMISSIONER NANCE: Yes. It's -- I think it is very easy for all the members of this board to reaffirm their support of the Second Amendment and our Constitution as a whole, as each of us has previously taken an oath to support, defend, and protect the Constitution of the United States and of the State of Florida and of the government. And it's very easy for me to support this; however, I want -- I just want to let you know that everybody in this room who is concerned about these things, through your remarks it becomes very clear to me that people who are concerned about safety of individuals, people who are concerned about inalienable rights on all philosophical levels are, indeed, concerned with, in fact, in how the manner of bearing arms is going to be regulated by the law. That's what everybody in this room is actually concerned about when you get down -- you bore down to the bare metal. And, indeed, it is going to be increasingly difficult for us to do this at a local level. And let me tell you why and why I want to encourage you to take your quest to get something resolved about this forward, and that is, as a matter of fact, in 2011 the Florida legislature passed a law. It's Chapter 790.33 -- and you may be more familiar with it than I am -- but it is the Joe Carlucci Uniform Firearms Act. And what it says -- and I'm just going to paraphrase it real quick to not extend this discussion too long -- is that the legislature has declared that the entire field of regulation of firearms and ammunition, including a whole list of purchase, sale, transfer, taxation, et cetera, Page 94 February 26, 2013 that they have taken the entire field of regulation to the exclusion of all existing and future county or local city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government. That means that for you to have influence on your concerns, you have to, indeed, go to your state legislature, which means you need to talk to our legislative delegation, which is Representatives Hudson and Passidomo and Senator Richter and Senator Bullard. These are the people that are going to craft laws within the State of Florida. It simply cannot occur at our local level. And we are not going to be able to afford the protections and the resolution of how the manner of bearing arms is going to be regulated by law. So please take your enthusiasm outside of this room as well and pursue it so that we can reach a resolution. And I do believe that our community is not going to be divided over a resolution of it, but it's going to take work by everybody to do it, and we need to come together to do that, or we're going to face a very, very difficult future. So it's very easy for me to support the resolution, but people should understand what it means and what it doesn't mean, and it doesn't mean that we want to do anything except make sure that the manner of bearing arms is regulated properly by law and not improperly. CHAIRWOMAN HILLER: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yeah. You know what, that was really well said. I've been thinking that myself, and I don't think I could have ever said it as well as you just did. COMMISSIONER NANCE: Well, thank you. COMMISSIONER FIALA: Thank you very much. I was wondering also -- and, Commissioner Coyle, you made a very good point about mentally ill people and how to protect yourself from them Page 95 February 26, 2013 and how to regulate that, if you can. COMMISSIONER COYLE: We could get greater spacing between us. COMMISSIONER FIALA: One of my concerns is, no matter what we do here at this level or even at the state level, the federal government can come and trump everything we do, and that frightens me, because if the federal government comes in and wants to take everybody's gun away -- and I think a lot of people are hunters and a lot more carry guns just for protection -- that frightens the daylights out of me. No, we don't need bomb material, and we don't need flame throwers or anything, but I don't think the government has any right to come in and do any of that stuff. I had a bunch more notes. I was writing all the while we were -- we were talking about -- but I think both of these gentlemen have already stated everything I feel in my heart, so thank you. CHAIRWOMAN HILLER: Thank you. I'd like to make a couple of last comments, and that is, I had the opportunity to speak with a very high-level law enforcement official who had a tremendous amount of experience and was very wise, and this individual said the following to me: You can't control what you can't predict, and that sums it up. We are bound by the law. We are as a board limited by state preemption. We are, today, affirming our support of the Second Amendment of the U.S. Constitution. And with that -- (Applause.) CHAIRWOMAN HILLER: And with that, since there is no further discussion, I'm going to call the vote. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) Page 96 February 26, 2013 COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. (Applause.) CHAIRWOMAN HILLER: Thank you all for speaking out today. We are now going to recess. We are going into closed session. County Attorney, would you kindly announce? Item #12A THE BOARD IN CLOSED EXECUTIVE SESSION WILL DISCUSS: STRATEGY SESSION RELATED TO SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENDITURES IN PENDING CASES OF: JERRY BLOCKER, ET AL. V. COLLIER COUNTY, CASE NO. 08-9355-CA, AND COLLIER COUNTY V. JERRY BLOCKER, ET AL., CASE NO. 09-1281-CA, IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA — CLOSED SESSION MR. KLATZKOW: Yes. I'm just giving notice of the closed attorney-client session that pursuant to 286.0118 of the Florida Statutes -- CHAIRWOMAN HILLER: Ladies and gentlemen, quiet. Quiet, please. MR. KLATZKOW: -- that I desire the advice of the Board of County Commissioners in closed attorney-client session. The session will be commencing immediately in this building in your offices. In addition to the board members and myself, County Manager Leo Ochs will be present. We'll be discussing the strategy session related to the settlement negotiations in the Blocker litigation. Page 97 February 26, 2013 CHAIRWOMAN HILLER: We will be recessing for an hour and returning at 1 p.m., at which time we have another time-certain, which is Item 12B. (The closed session was held followed by a luncheon recess.) MR. OCHS: You have a live mic, Madam Chair. Item #12B BOARD OF COUNTY COMMISSIONERS TO PROVIDE DIRECTION TO THE COUNTY ATTORNEY REGARDING SETTLEMENT NEGOTIATIONS AND LITIGATION EXPENDITURES IN THE PENDING CASES OF: JERRY BLOCKER, ET AL. V. COLLIER COUNTY, CASE NO. 08-9355- CA, AND COLLIER COUNTY V. JERRY BLOCKER, ET AL., CASE NO. 09-1281-CA, IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA — MOTION TO APPROVE AND COUNTY ATTORNEY TO EXECUTE THE SETTLEMENT — APPROVED CHAIRWOMAN HILLER: We're back in session. The next item we'll be addressing is 12B, which is the time-certain return from the closed session. County Attorney? MR. KLATZKOW: And I'm looking for a motion from the board. CHAIRWOMAN HILLER: May I have a motion? COMMISSIONER HENNING: Madam Chair? CHAIRWOMAN HILLER: Yes. COMMISSIONER HENNING: Being that this has gone through settlement with a mediator, and Kimberlea -- or Jerry and Kimberlea Blocker has accepted the board's offer, I make a motion to approve the settlement and direct the county attorney to execute the settlement. Page 98 February 26, 2013 COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Thank you. Discussion? Commissioner Coyle? COMMISSIONER COYLE: Yeah. I just want to go on record saying I am vehemently opposed to the settlement. This is a settlement for a lawsuit that we have already won. The Blockers have appealed it. It is ready to go to trial, and the board is rushing to make a judgment and to capitulate on virtually every issue without waiting to have an impartial jury review this and render a verdict. So I am very, very opposed to this. It's going to cost the Collier taxpayers at least $500,000 that should never be spent for this purpose. Thank you. CHAIRWOMAN HILLER: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. I also agree with you, Commissioner Coyle, plus we're going to give them all rights to their property, plus release their code enforcement liens, and hand them a half a million bucks to say, here you go. I think it's so wrong. And we would have gone to court, and I'm sure we would have won. But anyway, I guess I'm in the minority again. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Yeah. The -- you know, obviously, this property has been there and its use for years and years; in fact, it's 50 years. The property owner was denied their use by government stating it wasn't in conformance of the Comprehensive Plan, which is not true; therefore, the property owner could not get it rezoned. And this was purely a vendetta by a former commissioner in the area, and that stuff needs to stop. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I simply can't support continuing this. I'm supporting the settlement offer at this time and Page 99 February 26, 2013 the work of our county attorney on the basis that Collier County needs to stop trying to seize people's property and achieve goals of renovating properties through the taking of private properties. And I don't have any other remarks other than those. CHAIRWOMAN HILLER: Thank you. I have a couple of remarks. The first is, is that the settlement that is being proposed here today was put forth as a consequence of our county attorney bringing in a professional mediator. The settlement is not a settlement that, in effect, was originated by the board but rather one that was achieved as a consequence of a mediation, which is very significant. The mediator, obviously, did not think that the county's case was so strong; otherwise, he would not have felt that the mediation -- the mediated settlement as proposed would have ended up where it did. Secondly, as Commissioner Nance has said, the Florida law is very, very clear: We cannot use code enforcement, we cannot use, I should say, a taking under code enforcement to eliminate blight. And in the case of the Blockers, it was not about blight. What the county was alleging was that the Blockers did not have the right to use their property as they were using their property, not that the conditions of their units were so bad that code enforcement violations existed that rose to the level that the county should or could engage in a takings. The fines that the county racked up against this private citizen was a million dollars. Now, tell me what kind of a private citizen can defend against government that racks up a million dollars in fines, in liens, against their property? For everything that I could see in the case, it seems clear that the use that the Blockers were applying to their property was grandfathered in legitimately. And so when the county came in and rezoned that property to a different use, they, in effect, engaged in the regulatory takings. Page 100 February 26, 2013 And I believe that the mediator, having reviewed evidence put before him, came to the same conclusion, or he would not have proposed the settlement that is before us today. That is very significant. The prior board directed code enforcement go after the Blockers. We are paying the price today for what the past board did. We are correcting a wrong that was a function of the past board's direction. This case brings to mind another situation that took place in Palm Beach County. And I'm not suggesting here today that there was criminal misconduct on the part of any commissioner, but what I can share with you today is that we must never allow code enforcement to be used to threaten private citizens to any wrong end. The case I'm referring to is the case involving Palm Beach County Commissioner Jeff Koons who resigned after perjury and extortion charges. You're welcome to Google the story about the county commissioner. And I think what I will do, just to capture a little bit of what happened -- and I'm putting this on the record to ensure that no one in elected office ever, ever does what this man did. I'm going to read you just a few excerpts from an article. Palm Beach County Commissioner Jeff Koons resigned from the County Commission this morning hours after being booked on charges of extortion, perjury, and violating public open meeting laws. He was released on his own recognizance. And, by the way, I will tell you, this occurred in January 2009. Authorities pinned the arrest partly to threats Koons allegedly made against a family that opposed his pet environmental project in the Lake Worth Lagoon, according to the arrest report. The charges focus firmly on the defendant's conduct, both in words and deeds, and include his extortionate threats to silence opposition to a project he supported, his attempts to punish opponents of the project when they did not submit to his extortion, and his Page 101 February 26, 2013 attempts to mislead authorities when asked to account for his actions, said State Attorney Michael McAuliffe in a prepared statement. Koons' actions do not reflect impulsive or fleeting mistakes, McAuliffe said. The alleged conduct reflect an arrogance borne of the perceived protections of power and influence. At a press conference, criminal defense lawyer David Roth read a statement from Koons as his client sat silently. I screwed up big time, and I blame no one but myself. I shamed my friends, family, and community. I can only pray for their forgiveness. Roth said Koons never benefited financially from the Lagoon project. Unfortunately, it was his misdirected passion that led him to make totally inappropriate and ultimately illegal decisions that were never for personal economic gain, Roth said. The South Cove environment project he tirelessly labored on for over 10 years. Jeff s emotions overpowered his common sense in good judgment and decency. His decisions were ill-conceived, borne of frustration, impulsiveness, and anger. Sterling Ivey, a spokesman for Governor Charlie Crist, said Koons' seat on the commission will remain vacant until the November election, et cetera. The governor's -- okay. Hang on a second. Koons, 62, was elected to -- hang on. According to the arrest report, Koons threatened Dean Turney, a representative of the family of prominent businessman Richard S. Johnson, Sr., which opposed the lagoon restoration projects. The threats included what investigations say was his telling message left on Turney's voice mail: " I'm going to work as hard as I've ever worked in 20 years of public service to take the Johnsons through the wringer on this day, if they fail to support this project", the transcript of the phone call reads. Koons called Turney back and was told, "You have your instructions. Do it." Page 102 February 26, 2013 After that conversation, the arrest report charges, Koons directed county staff to photograph storm drains and landscaping on Flagler Drive property owned by the Johns -- by the Johnsons. Koons' administrative assistant then emailed Richard Walesky, director of the County's Department of Environmental Resource Management, with information on the storm drainage. Walesky sent an email to Koons' office asking whether the storm drain issue could be followed up without attracting attention, the report states. Koons called Turney again, talking about the stormwater system and saying, So let me know if you want me to call code enforcement or what you want me to do. Thanks. Koons then suggested to Palm Beach County (sic) Commissioner Kimberly Mitchell, who represents that district, that she contact code enforcement about conditions on the Johnsons' property. And you know what, I'm not going to even continue reading on. COMMISSIONER COYLE: Thank you. CHAIRWOMAN HILLER: Bottom line is, we cannot, as public officials, use code enforcement as a hammer against private citizens unjustly for any reason. That is not the purpose of code enforcement. I feel the settlement of this case is appropriate and timely, and I regret that any citizen should ever have to go through what the Blockers have gone through. So settling a matter which falls squarely on the shoulder of the past administration, I support the mediated settlement. Commissioner Coyle? COMMISSIONER COYLE: Okay. None of that is really relevant to anything we're talking about here today, quite frankly. But the facts of the matter are that there was a lawsuit, and the county won the lawsuit, and the Blockers appealed, and it is now being prepared, or was being prepared, to be heard by a trial by jury. There was no interference in that lawsuit at all by any commissioner or anybody else. There never has been. Page 103 February 26, 2013 And the chances are that we will win the appeal if we ever get the chance to get there, but this board, a majority of this board instructed the county attorney to negotiate a settlement before it goes to court, so we'll never know because we're going to take a half million dollars of county taxpayers' funds and buy it all off So I am still opposed to it, and we can continue to debate this because we all have our own interpretation of what's going on here. And I think anybody who wants to take an unbiased look at this will come to the same conclusion, that it is a very bad decision, and it's unfortunate that three commissioners have decided to reach personal decisions about this issue rather than letting an impartial court make the decision. So there we are. CHAIRWOMAN HILLER: Thank you. Commissioner Henning? COMMISSIONER HENNING: Yeah. You know, that kind of reminds -- what Commissioner Coyle's saying kind of reminds me of a settlement we just reached at the last meeting, and that was the Hussey settlement that was not done in the court. We won, they appealed, and it was going through the Second District; however, it was settled. And maybe the distinction of that, the separation, is a property owner in Immokalee and a property owner in Port Royal. Maybe that's the distinction; I don't know. But it is the same thing. We settled that case -- COMMISSIONER COYLE: And how much money did you vote to give them? COMMISSIONER HENNING: That was $40 million. COMMISSIONER COYLE: No, it wasn't. COMMISSIONER HENNING: Their claim was $40 million. COMMISSIONER COYLE: We did not pay them a penny. COMMISSIONER HENNING: Their claim -- COMMISSIONER COYLE: That's the difference. We did not Page 104 February 26, 2013 pay them a penny. COMMISSIONER HENNING: Their claim was $40 million, far less than the claim of the person that owns property in Immokalee, but the difference is, is an Immokalee owner of a property and a Port Royal person that owns property. COMMISSIONER COYLE: Absolutely false. COMMISSIONER HENNING: Okay. Well -- CHAIRWOMAN HILLER: Commissioner Coyle, I'll allow you to speak in a moment. COMMISSIONER HENNING: Okay. Well, you know, we're doing opinions here, so -- COMMISSIONER COYLE: Well, okay. The point is -- CHAIRWOMAN HILLER: Commissioner Coyle, hang on. Commissioner Henning is still speaking. Please put your light on. COMMISSIONER HENNING: So, you know, we can spend anything that we want to. The bottom line is, this property has been in existence for its use for decades, okay, and we need to end it. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Okay. Now, let's go back to the other case that you were referring to, the Hussey case. The Hussey case was for a large sum of money. They wanted somewhere between 50 and $90 million, and we settled the case with absolutely no payment whatsoever to the Husseys, and they were engaged in litigation for over 10 years. We did not pay the Husseys a penny. And we gave them the zoning they wanted, just as you're planning on giving the Blockers the zoning they want. So giving them an additional $500,000, I think, is irresponsible. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: A lot of times we sit here, and we talk about costs to the public and public money. And what we've ignored with code enforcement for the better part of a decade is that Page 105 February 26, 2013 code enforcement has gone out and levied fines on our taxpayers that have cost them literally millions and millions and millions of dollars that have come out of their pockets and gone out of our economy doing things that weren't always justified. That, I think, is the greater issue here. I think it's a question of fundamental fairness of the way the government is conducting business in Collier County. And the costs of that are extraordinary. That's one of the reasons why no one wants to come to this county and do business. So if you want to talk about the costs, the costs can be computed in many different ways other than direct costs to the budget of this board. And I think that when we realize that and we start making decisions based on that, we're going to be a much healthier economy in Collier County. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. I somehow feel you're attacking code enforcement. Code enforcement has helped us over and over and over again. They're the only people that -- only department that people can call upon when they've got a problem, no matter what the problem is, whether it's poor people on a limited income living in unsafe -- in an unsafe filthy environment with no running water or no electricity. People shouldn't have to live like that, and code enforcement should be called, and code enforcement should be doing something about it. And if it's levy fines to get them to get their property cleaned up, great. In most cases -- I would have to say in most every case their code enforcement liens and the fines involved are then lifted once property owners fix up their property. So I don't know why you're attacking code enforcement. They're just doing their job, the job we've asked them to do. CHAIRWOMAN HILLER: I'd like to respond to that. Commissioner Fiala, code enforcement is not being attacked. Page 106 February 26, 2013 COMMISSIONER FIALA: Well, that's what I heard. CHAIRWOMAN HILLER: Well, you heard incorrectly. The previous board is being attacked because it was the previous board that directed -- COMMISSIONER FIALA: Well, it wasn't you. CHAIRWOMAN HILLER: I know, I know, and I'm just clarifying. It was the previous board that directed that code enforcement to go after the Blockers, and that is the problem. The Board of County Commissioners cannot use code enforcement as a hammer against private citizens to do what code enforcement is not supposed to do, and that is what happened in this case. I'd like to respond to a few comments made by Commissioner Coyle. Commissioner Coyle said that the commissioners directed Jeff to go to settlement. In fact, the settlement that we have before us today is a court-ordered mediation, and the settlement came out of the court-ordered mediation. While in the beginning this board wanted to see the case settled, the case was not settled as a function of the direction of the board but rather a function of the direction of the courts. This is a court-ordered mediation. Commissioner Coyle? And that will be the last comment, and then I'm going to call the vote. COMMISSIONER COYLE: All right. The comments by Commissioner Nance that for years commissioners and/or the code enforcement have been misusing their authority is a very easy blanket indictment to be made. It is far more difficult to prove. And if, in fact, people have done something illegal, then I think we should take action against those people and make sure it doesn't happen again. So I would challenge you to define all of these hundreds of cases where code enforcement has, through misapplication of our ordinances, caused great financial harm to people in Collier County. Page 107 February 26, 2013 I've been on this board now for almost 12 years -- no, at least 12 years -- and I have never heard of a situation like that. And in most cases, once the code enforcement issue is resolved, we forgive the penalty. And, furthermore, it is not the board. There is a Code Enforcement Board that is involved here, and it goes through a series of reviews. So it is incorrect that the Board of County Commissioners has directed anybody to go after anybody. CHAIRWOMAN HILLER: County Attorney? COMMISSIONER COYLE: We have never had a vote that says I want you to go after the Blockers. What we have had is we have had code enforcement actions presented to the Code Enforcement Board and also presented to us with justification for doing -- taking the action that we took. It is not -- it has not resulted from a discussion by the board. CHAIRWOMAN HILLER: County Attorney? COMMISSIONER COYLE: Now, wait just a moment. CHAIRWOMAN HILLER: Okay. COMMISSIONER COYLE: Now, with respect to the issue of a court-ordered mediation -- now we've already talked about this. Now, courts like to have mediation because it cuts down on the court load. But the point is the county attorney was instructed by this board to have settlement negotiations and to get this thing settled. Now, at any point in time he could have said, I don't think this is reasonable, but he didn't do that because he knew that the board wanted to get it settled and didn't want to go to trial. So let's be very clear about this. This wasn't anything that was -- that some court mediator reviewed and approved and encouraged because they want to be fair to the taxpayers of Collier County. CHAIRWOMAN HILLER: Oh. COMMISSIONER COYLE: He just wants to get off the docket Page 108 February 26, 2013 of the court; end of story. That's the way it works. CHAIRWOMAN HILLER: No, it isn't the way it works. And, actually, in fairness to Mr. Klatzkow, what you're saying and how you're characterizing his conduct is completely incorrect. Mr. Klatzkow made every attempt to negotiate a settlement and was unsuccessful. No settlement was achieved, and as a consequence of the court-ordered mediation, as a consequence of a court-appointed mediator, this case was settled, and that is unequivocal. Those are the facts. The cost to the taxpayers if we had lost this case would have been somewhere in the neighborhood of 2.75, probably, you know -- it could have been as much as $3 million. The expenses that are being reimbursed attributable to this case that the Blockers had to spend to defend themself against the heavy hand of government was the 500,000. That is significantly less than what they would be awarded if they won. And with that, I'm going to go ahead and call for the vote. All in favor? (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Motion carries 3-2 with Commissioners Fiala and Coyle dissenting. Item #11I RESOLUTION 2013-57: RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING CONDEMNATION OF THOSE PERPETUAL AND TEMPORARY EASEMENT INTERESTS Page 109 February 26, 2013 NECESSARY FOR THE CONSTRUCTION OF STORMWATER IMPROVEMENTS KNOWN AS "HALDEMAN CREEK AND CROWN POINTE WEIRS" SEGMENT OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT — APPROVED MR. OCHS: Madam Chair, if I may, can we take 11I next before we get into some of the time-certain items? CHAIRWOMAN HILLER: Absolutely. MR. OCHS: Thank you. 11I, this item was continued from the February 12, 2013, BCC meeting. It's a recommendation to adopt a resolution authorizing the condemnation of those perpetual and temporary easement interests necessary for construction of stormwater improvements known as the Haldeman Creek and Crown Pointe weirs segment of the Lely Area Stormwater Improvement Project. And Ms. Margaret Bishop will make a brief presentation to get some things on the record, ma'am. CHAIRWOMAN HILLER: Thank you. Go ahead. MS. BISHOP: Margaret Bishop with Growth Management Division. The project -- this is one of approximately 30 individual projects that we have in the Lely Area Stormwater Improvement Program. This project is Haldeman Creek weir, which is located -- it's labeled Project 19, which is circled here on your map. This is one of the five remaining construction projects that we have left for the LASIP program for construction and design. This project consists of two water control structures or weir structures. There is an existing water control structure here at Crown Pointe. Let me locate you here. This is the Crown Pointe Lake. Water discharges over an existing weir, travels south, and discharges to the west. So at the Crown Pointe location we have an existing weir that's going to be replaced because the structure is obsolete. So we need to Page 110 February 26, 2013 acquire these parcels to accommodate the new upgraded weir. The other weir is located in Kings Lake, and it will be constructed across the existing channel here. We have an -- we have existing easements to the south. We need to acquire easements to the north for the weir to be constructed there. So the design considerations were based on five items: Their alternative alignments, the cost of the competing alignments, improvements to public health, safety, and welfare, the long-range plan, and the environment. CHAIRWOMAN HILLER: County Attorney, is there anything you'd like to add? MR. KLATZKOW: No. CHAIRWOMAN HILLER: Thank you. May I have a motion? COMMISSIONER NANCE: Motion to approve. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: Thank you. There being no further discussion, all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. County Manager, can we do 11H? Mr. Chmelik is here, and it might be an opportunity for him to present and get back to the office. MR. OCHS: Yes, ma'am. He actually, I think, has two items, that one and one that was moved from the consent agenda this morning -- CHAIRWOMAN HILLER: Exactly. MR. OCHS: -- by Commissioner Henning so -- Page 111 February 26, 2013 CHAIRWOMAN HILLER: So could we take them both? MR. OCHS: -- if you'd like, we'll take them both. CHAIRWOMAN HILLER: Please, thank you. Item #11H RECOMMENDATION TO AWARD BID NUMBER 13-6026, "NCRWTP MEMBRANE REPLACEMENT AND INTER-STAGE BOOSTER PROJECT," TO POOLE AND KENT COMPANY OF FLORIDA IN THE AMOUNT OF $1,564,000, AND AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $300,000 FOR PROJECT NUMBER 71057 — APPROVED MR. OCHS: Yes, ma'am. Let's start with 11H, Tom. That's a recommendation to award Bid No. 13-6026, North County Regional Water Treatment Plant membrane replacement, an inter-stage booster project, to Pool and Kent Company of Florida in the amount of $1,564,000, and to authorize a budget amendment in the amount of $300,000 for Project No. 71057. Mr. Chmelik? CHAIRWOMAN HILLER: The details of this project are included in the backup, which is also available to the public online. Could you highlight for us the reason that this is necessary? MR. CHMELIK: It's necessary for several reasons: One, to install the RO membranes, reverse osmosis membranes that are 13 years old, aging, and need to be replaced; and, secondly, to install inter-stage booster pumps which allow the process to run more evenly and save approximately $48,000 of electrical savings each year. CHAIRWOMAN HILLER: And how long will they last? MR. CHMELIK: They will -- the pumps will last 20 years, and the membranes will last 10 years. CHAIRWOMAN HILLER: Okay. So that's 4,800,000? Did Page 112 February 26, 2013 you say 48? MR. OCHS: Forty-eight thousand. MR. CHMELIK: Forty-eight thousand. CHAIRWOMAN HILLER: So 480,000. MR. CHMELIK: And the pumps themselves have about a 10-year payback period for the costs of the pumps and their related piping and valves. COMMISSIONER FIALA: Motion to approve. CHAIRWOMAN HILLER: Thank you. May I have a second? COMMISSIONER NANCE: Second. CHAIRWOMAN HILLER: Any discussion? (No response.) CHAIRWOMAN HILLER: All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #11J RECOMMENDATION TO APPROVE SELECTION COMMITTEE RANKINGS AND ENTER INTO NEGOTIATIONS WITH AECOM USA, INC., FOR A CONTRACT FOR REQUEST FOR PROPOSAL NO. 13-6010, "PUBLIC UTILITIES MASTER PLAN," PROJECT NUMBER 70031 — APPROVED MR. OCHS: Commissioners, the other item that is public utilities related is 11 -- Item 11G -- excuse me -- 11J. It was previously 16C2 on your agenda, and that is a recommendation to approve selection committee rankings and enter into negotiations with Page 113 February 26, 2013 AECOM USA, Incorporated, for a contract for Request for Proposal No. 13-6010, Public Utilities Master Plan. This item was moved to the regular agenda at Commissioner Henning's request. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Yeah. The reason I pulled it, I noticed there in the ranking of these professionals, there was no consideration for location of the company. MR. CHMELIK: Commissioner Henning, Tom Chmelik, for the record, again. I would like to ask Scott Johnson to address that question, please. COMMISSIONER HENNING: Okay. MR. JOHNSON: For the record, Scott Johnson, procurement strategist from your purchasing department. Commissioner Henning, we look at location based on engineering services on a project-by-project basis. For master planning projects, we try to -- location is not an overriding factor in the selection. It's more planning. If they were going to be doing on-site designing and then following up with construction services where the site visits would be necessary, location would have been there. But when you're master planning, we feel that's more of a planning process and could not be necessarily called out in location but, coincidentally, three of the four are local firms. COMMISSIONER HENNING: Except for the one that -- MR. JOHNSON: It is in Sarasota. AECOM is in Fort Myers, sir. COMMISSIONER HENNING: The only -- okay. The only one that I could find is in Orlando. MR. JOHNSON: They have a Fort Myers office. CHAIRWOMAN HILLER: But not a Collier office. MR. JOHNSON: No, ma'am. It is in Lee County. The others -- Page 114 February 26, 2013 the other -- Tetratec is located in Estero, and then there's another one that's in Fort Myers as well. COMMISSIONER HENNING: Did you verify that? MR. JOHNSON: Yes, sir. COMMISSIONER HENNING: Okay. Well, our local preference includes Lee County as a -- CHAIRWOMAN HILLER: Okay. COMMISSIONER HENNING: -- a local preference, but that's for services and goods and not CCNA. MR. OCHS: Yes, sir. MR. JOHNSON: Correct. COMMISSIONER HENNING: But it's the policy of the purchasing on -- even CCNA we'll take a look at -- MR. JOHNSON: Correct. COMMISSIONER HENNING: -- location. MR. JOHNSON: Yes, sir. COMMISSIONER HENNING: And -- because they will be compensated for travel, time and travel. MR. JOHNSON: Correct. And we did look at it on this one. There was an internal discussion that we had. And at the end of the day, we just didn't feel it was an overarching reason to include location for them because it's a planning function. COMMISSIONER HENNING: Okay. Well, you answered my question. CHAIRWOMAN HILLER: Would you like to make a motion to approve? COMMISSIONER HENNING: Motion to approve. CHAIRWOMAN HILLER: May I have a second? COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: Thank you. That being said, there being no further discussion, all in favor? COMMISSIONER COYLE: Aye. Page 115 February 26, 2013 COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. Item #14A1 RECOMMENDATION TO DIRECT THE AIRPORT DIRECTOR TO BRING BACK A PLAN IN MARCH TO REDUCE OR ELIMINATE THE ANNUAL FUND TRANSFER AND TO PAY BACK THE COUNTY LOAN — APPROVED CHAIRWOMAN HILLER: County Attorney, we have several people in the audience that I think we can work with. Why don't we go to Commissioner Henning's next item, which is 14A1 . MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: Oh, I'm sorry. It's -- yeah, it's Commissioner Henning's item called forward by Commissioner Coyle. It's like a combination; two commissioners involved with this item. MR. OCHS: That's correct, Madam Chair. CHAIRWOMAN HILLER: And I see Mr. Curry sitting in the audience, so we can have him -- MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- address Commissioner Henning's motion -- or recommendation. Commissioner Henning? Would you like to read the item? Go ahead. MR. OCHS: Yes, ma'am, just for the record and the audience. Item 14A is a recommendation to direct the airport director to bring back in March a plan to reduce or eliminate the annual fund Page 116 February 26, 2013 transfer and to pay back the county loan. This item was placed on the agenda by Commissioner Henning, and it was moved from the consent agenda to the regular agenda at Commissioner Coyle's request. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: I didn't pull the item. I mean, it was on the consent agenda. It was on the -- COMMISSIONER FIALA: It was Commissioner Coyle's pull. COMMISSIONER HENNING: -- airport authority's consent agenda. CHAIRWOMAN HILLER: Okay, sorry. Commissioner Coyle, go ahead. COMMISSIONER COYLE: Yeah. This is a really, really big task, and I think we would be wise to establish some parameters here. The things that we are missing here in the executive summary and backup information are the economic benefits to the county for having the airport. Chris Curry has presented all that before. But let me give you some examples of potential ways this could be done and see if the board thinks it's appropriate to even consider certain opportunities to solve this problem. One is you can substantially curtail operations at facilities where we're not getting an appropriate return and focus heavily on those that are, like Marco Island. That would leave Immokalee with substantially reduced services and probably facilities, but it might help us get closer to having that portion paid back over time. Secondly, we could probably find ways to sell off some property, maybe at the Immokalee airport, but we're going to have to find a way to keep operating it as an airport, but -- and we could also work out an arrangement to transfer the Everglades airport to the City of Everglades in some way. And -- so what I'm trying to emphasize is that there is a range of activities we can engage in that might get us to where Commissioner Page 117 February 26, 2013 Henning wants us to go. And I think before you send somebody out on some open-ended kind of mission to pay back $21 million real fast, we need to set some parameters. CHAIRWOMAN HILLER: Thank you, Commissioner Coyle, and you're basically summarizing what the board discussed as options, in fact, predominantly presented by Commissioner Nance at our workshop. Commissioner Henning? COMMISSIONER HENNING: Yeah. I'm not looking for -- to do anything that Commissioner Coyle has stated, and including a quick payback. But it has always been assumed and, in fact, it's always been in our budget that this is a loan to the airport. So if we're not going to address it now, when are we going to address it? And why couldn't we address it? We don't have to have a timeline when it has to be paid back, but if you keep on shoving this off, you're going to have scenarios like we had in your backup material since 2003 till present, a continuing increase, some of it -- well, the average would be probably upwards of a million dollars a year. So if don't start addressing these things, then you're going to continue doing the same thing, and that's what government does best is continually doing the same thing. So it's no mandate. The only mandate is, is bring back something that tells us how we're going to pay these loans back. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: That's all it is. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yeah. Chris, do you have any information for us, any figures on this, or what you've done or -- I mean, you weren't -- you didn't start all of this. It happened many years before you were hired, but can you tell me what you're doing now to try and improve that situation? Page 118 February 26, 2013 MR. CURRY: Chris Curry, executive director, Collier County Airport Authority. I think I can put something together based on Commissioner Henning's request that's rather -- what I consider rather simple in nature in things that we've already implemented that I think is leading towards being a little more self-sustainable. As you mentioned, this debt that's been counted towards the airports has been in place more than 10 years, and I've only been here two and a half. But I certainly think that some of the things that we've already implemented, some of our thoughts going forward, you know, I can put something together for you to take a look at as the board that I think will lead us downward rather than upward. COMMISSIONER HENNING: And that's all I'm looking for is where are we going. And Mr. Curry's addressed it. They have some thoughts. When it -- I think it would be nice to -- I think it's a great exercise. CHAIRWOMAN HILLER: I think it's a very important exercise in light of what happened, for example, with Bayshore, where -- and I wasn't kept on the ball, and repaying an existing debt wasn't looked at from a timely and realistic perspective. And, in fact, when I first brought it up when I was elected, people didn't even realize they were on the precipice of economic disaster, and now we have successfully turned that all around by focusing attention on it. So I'm glad to hear that Chris has ideas that will, you know, lead us onto the path of paying back the county loan. And I'm going to make a motion to approve. May I have a second? COMMISSIONER FIALA: Second. COMMISSIONER COYLE: Yeah, I'll second it, or Commissioner Fiala seconded. Page 119 February 26, 2013 CHAIRWOMAN HILLER: Thank you. Who would like to second? Which of the two of you? COMMISSIONER FIALA: We both said "second" -- CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER FIALA: -- so it doesn't make any difference. COMMISSIONER COYLE: Yes. CHAIRWOMAN HILLER: Commissioner Coyle; seconded by Commissioner Coyle. Commissioner Coyle? COMMISSIONER COYLE: Yes. The -- I think a review of the airport authority loan history is -- here in this executive summary is very informative, if we take a look at it, and I'll briefly go over it starting in -- CHAIRWOMAN HILLER: Can I make a suggestion that we put it on the overhead? COMMISSIONER COYLE: Put it on the overhead. Turn it around. Now, look at the column titled "Total Loan Annual Increase," and look at starting in 2003, over a million dollars; 2004, 820-; 2005, 999 million -- or $999,000 and so forth; 1 .7 million; 2.3 million; 2.0 million; 1 .48 million. And then, whoops, guess what happened in 2010? It was only 600,000, even with all of the debt service of that prior amount of loans. And then 2011 it was 569,000, then in 2012 it's 344-. In 2013 it's projected to go up a little bit more to 656. There has been a huge decrease in the total loan annual increase since the Board of County Commissioners became the airport authority, and there's good reason for that, and it's the reason that we became the airport authority. So there has already been significant improvement, and Chris Curry has continued to focus on that issue. So that doesn't mean we shouldn't focus more on it, and it would be good to have a report from Chris about that, so that's why I'm supporting this. Page 120 February 26, 2013 But it's good to hear the limits of the kinds of actions that we want Chris to focus on. So we'll see where it goes. CHAIRWOMAN HILLER: Well, I think -- COMMISSIONER COYLE: And one thing I think that would be very important is that we calculate the total economic benefit to the community of the airports, and then we would be in a position to weigh whether or not our capital -- well, capital loans to these airport facilities are, in fact, a good investment. So I'm anxious to get that back. CHAIRWOMAN HILLER: I think Commissioner Coyle is making a couple of really good points. Looking at the ROI is definitely something we ought to do, and the ROI ought to be looked at also in terms of usage. When you made your presentation at the workshop, Chris, you provided us the economic impact of each airport in your backup material. What should also be looked at is the number of flights by airport, you know, just similar to the analysis that the FAA -- or the federal government is doing when they made the decision to defund those control towers looking at, basically, the trips that each airport is sustaining to make the determination if the investment is worth making. So I think those factors should be all considered in your analysis. Let's look at the -- what's the appropriate terminology? It's not trips. It's touchdowns? MR. CURRY: Operations. CHAIRWOMAN HILLER: Is that the term? MR. CURRY: Yes, ma'am. CHAIRWOMAN HILLER: Okay, flight operations. Look at the flight operations, look at the, you know, economic impact. Yeah, absolutely. Commissioner Nance? COMMISSIONER NANCE: Yes. Mr. Curry, I can tell from Page 121 February 26, 2013 this airport authority loan history that we're all looking at at this time -- and I'm projecting that most of the loan increases that occur each year at this point are operational in nature. COMMISSIONER HENNING: Correct. COMMISSIONER NANCE: Just the cost of the operations rather than other costs that are included, perhaps; maybe 2013 is not that way. But what I'm asking you is to take a look at the operations of the airports that you currently have and perhaps suggest to us how those might be changed as options and just let us know what the cost benefits analysis are from your perspective. In other words, if there's any other way to manage the airports to reduce the annual operating loss on a cash basis, what would be -- what would we be sacrificing in order to do so? And the other thing that I think we should look at that I don't think is included here -- and it really has nothing to do with Mr. Curry's management of our airport assets -- is take a look at what our assets are and examine -- I don't think there -- I think this is a cost-basis analysis -- what our depreciation is on our assets so that we can truly understanding -- excuse me -- we can truly understand what it is that we own and how we're doing overall on the asset that we possess, because I think we own hangars and building and other things of that nature that we need to assess, you know -- you know, are we taking care of those sufficiently? Are we depreciating them? Are we gaining or losing value? Where are we with our assets in the county airports as a whole? So that may be a little different analysis than you've got here. But what I'm saying is, take a look at our operating costs on a cash basis, and then also give us a summary of our assets and how you see that. That, of course, is not within your controls, really, but it's something that I think is going to influence what -- you know, how we look at our airport assets. Page 122 February 26, 2013 CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Yeah. At the airport workshop, I brought the topic up about the debt and, you know, how we were going to pay it back. Mr. Curry said he doesn't consider that a debt. The chairman said, you know, we can't give direction at a workshop. Why don't you do an executive summary? We can give direction at a workshop. You're amending my item. I'm an equal here. You can't amend my item on the agenda, okay. So if you-all want something different, put it on the agenda, just like I was requested. There's a motion and a second on my executive summary, and I'm not going to allow any amendments. CHAIRWOMAN HILLER: Thank you. COMMISSIONER FIALA: Well, then I remove my second. COMMISSIONER HENNING: I'll second the motion. CHAIRWOMAN HILLER: Thank you. I will continue to support the motion. I don't think -- I mean, personally, as far as my comments go, my intent is not to amend anything that you're proposing. It's merely to -- since you have said bring back a plan to reduce or eliminate the debt, to suggest that, you know, consideration be given in the process of putting this plan together, factors that should be considered as to how or why that should be reduced. So, I mean, I completely support what you're suggesting. And I want to add one thing that I think is really, really important, that the numbers used to develop this plan be numbers that come from the Clerk's Office. I'm always concerned that when any financial presentation is made that the source of the numbers used are, in fact -- you know, is, in fact, a reliable source. So I would like any number that is used in your financial analysis -- in the financial analysis component of your recommendation, Commissioner Henning, to come from the Clerk's Office. So if, you Page 123 February 26, 2013 know, Chris needs specific information, get it from the clerk, and that way we know that the numbers we're looking at are the right numbers. Is that agreeable? COMMISSIONER HENNING: I'll accept that. CHAIRWOMAN HILLER: Okay, thank you. COMMISSIONER HENNING: It's kind of a checks and balance. CHAIRWOMAN HILLER: Yeah, it's really important; otherwise, we could be making -- we could be coming to the wrong conclusion based on the wrong input. Commissioner Nance? I'm sorry. Wait a second. Was that you -- were you next? COMMISSIONER FIALA: I think so. CHAIRWOMAN HILLER: Commissioner Fiala was next. COMMISSIONER FIALA: Yeah. Chris, when you're bringing back this report, could you also -- and I don't mean to ask too much of you, but could you also bring back what the other airports, the executive airports or the FBOs around the state, how they're also funded or if they're funded by the counties or if they're all debt free. I'm just curious to find out how we are doing in relationship to other airports, just so we get a well-rounded -- COMMISSIONER COYLE: Wouldn't you like to make it comparable airports? COMMISSIONER FIALA: Yes. COMMISSIONER COYLE: You don't want to compare it to Southwest Florida Regional, right? COMMISSIONER FIALA: No, no, no, that's why I mentioned FBOs and executive, but comparable. That's a better word. Thank you. MR. CURRY: I'll review this video tomorrow, and I'll get you what you need. CHAIRWOMAN HILLER: So let me help. Let me just help in Page 124 February 26, 2013 the following manner by saying that we have a motion that's very clear -- ouch. Sorry, my hair got caught. COMMISSIONER COYLE: Why don't we just have the clerk do it, and we'll -- everything will be fine. CHAIRWOMAN HILLER: Hang on. Hang on a second. I think Commissioner Henning's motion is clear. I think what we also have as a consequence of the dialogue that we've engaged in is a request for information by a number of commissioners for additional facts and figures to be brought back to consider when you bring back this plan. But it's not part of the motion, okay. These are just requests for information made by individual commissioners, which, you know, you will comply with and, you know, I -- well, by law you have to. You don't have much choice. You know what I mean. But the point being is -- COMMISSIONER COYLE: Have you got three nods? CHAIRWOMAN HILLER: I don't -- I just don't want to confuse a request for information by an individual commissioner versus a recommendation to direct that you do a project as defined what Commissioner Henning -- as defined in Commissioner Henning's motion. Enjoy reviewing the meeting. MR. CURRY: Yeah, I'll review the video. CHAIRWOMAN HILLER: All right. This will be the last comment on this, because we have individuals waiting for a time-certain. Commissioner Nance? COMMISSIONER NANCE: Yes. Commissioner Henning, I did not mean to modify your motion. All I was suggesting was types of information or analysis that might be revealing to the board to get to your goal, and Mr. Curry can treat that any way he wants to. COMMISSIONER HENNING: Well, again, the board at a workshop can give direction. We choose not to. I was asked to put Page 125 February 26, 2013 the item on the agenda. CHAIRWOMAN HILLER: Yep. COMMISSIONER HENNING: Okay. I understand what you're saying. My item I'm not going to have amended. CHAIRWOMAN HILLER: Right. COMMISSIONER NANCE: No, I'm not trying -- COMMISSIONER HENNING: I know what you're saying. You know -- CHAIRWOMAN HILLER: You have an individual request for information. That's fine. But Commissioner Henning's motion remains as-is. COMMISSIONER HENNING: My item remains the same. COMMISSIONER COYLE: That's what you did, you just won't approve it (sic). CHAIRWOMAN HILLER: Okay. With that, all in favor? (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Motion carries 3-2 with Commissioners Fiala and Coyle dissenting. MR. OCHS: Madam Chair, you have a few minutes before you can begin your 2 p.m. time-certain. You have a couple of CRA items CHAIRWOMAN HILLER: Yes. Let's go ahead and get them done. MR. OCHS: -- if you'd like to go in session as the CRA. And I'll call that first item, Madam Chair. CHAIRWOMAN FIALA: The CRA meeting is now in session. MR. OCHS: Thank you. Page 126 February 26, 2013 Item #14B1 RESOLUTION 2013-58: RECOMMENDATION TO APPROVE A RESOLUTION TO EXTEND THE IMMOKALEE INTERIM LDC DEVIATION PROVISIONS TO A SPECIFIC DATE — ADOPTED MR. OCHS: Item 14B1 is a recommendation to approve a resolution to extend the Immokalee interim LDC deviation provisions to a specific date. Mr. Muckel will present. MR. MILLER: Madam Chair, you have one registered speaker for this item. CHAIRWOMAN FIALA: Thank you. COMMISSIONER HILLER: Who is the registered speaker? MR. MILLER: Reverend Jean Paul. COMMISSIONER HILLER: Reverend Jean Paul, would you like to come up to the podium, please. Mr. Muckel, can you tell us to what date you would like this extended? MR. MUCKEL: Sure. The resolution before you is requesting an extension through June 11, 2015. COMMISSIONER HILLER: I'd like to make a motion to approve. CHAIRWOMAN FIALA: Second. COMMISSIONER HILLER: Would you like to hear the public speaker first, Commissioner Henning, or would you like to comment? COMMISSIONER HENNING: That's fine. I'll wait. COMMISSIONER HILLER: Go ahead. MR. PAUL: My name is Jean -- Jean Paul. I'm coming from Immokalee Church of the Nazarene, and I'm not coming -- this is not the first time. There's only one of the commissioners it's the first time I see that -- Mr. Tim, that's only one I see for first time, and after that Page 127 February 26, 2013 I've been here so many times fighting for the Immokalee Church of the Nazarene to be able to erect it in Immokalee for the people there. If I have to give a little bit story about myself before I came to Immokalee, I was living in Miami for a number years, and I'm 33 years and one-and-a-half months since I've been living in the United States. So which means I've passed more time in the United States than where I was born. And I enjoy living in the United States anyhow because I get most of the things I'm thinking about having in the United States where I cannot have them in my own country, and I'm very happy to be in the United States. And when I first came to Immokalee and I was driving around Immokalee and I saw that town in Immokalee just like -- I can't even describe it, but if I have to, I could do it from 1987, in September I drove first time to Immokalee, and I was driving all around, and I saw that city. But I came there in the idea of having a church from my district, they been asking me to come over there and see if we could have that church there. And I kept driving there, and I saw all the people over there. I talk to them, and I see the opportunity to come and having that church over there, and then I was started. And I see so many things people need over there, and I could help, put myself to help, which I was asking anybody, could I do this, because I think it's something -- it's humanity. So I could just go ahead and do it. Then I was living -- I was living in Miami. I've been living in Naples for four-and-a-half years, then I've been living in Immokalee from 1998 until now. Then I enjoy living in there, even we living -- I believe that -- and I see and I think we living in the poorest country in Collier County, the poorest city, because I drove over there. I spoke to all kind of people over there. I spoke to Spanish, I spoke to Haitian people, I spoke to America black, I spoke to white people, I spoke to Page 128 February 26, 2013 everybody in there. Then I could understand the -- our problem there. But most of my problem is we want to have a church over there, and then I'm trying so many times coming to the county and haven't been able to get through yet. You know what? I'm not discouraged. I still have courage. And I know one day all the commissioners are going to say, yes, Mr. Paul, you have it now. So I'm just waiting to hear something like that, but I'll be patient and wait. COMMISSIONER HILLER: I have a question. Is this a permitting issue, Leo? MR. PAUL: Uh-huh. COMMISSIONER HILLER: Nick? MR. OCHS: I'm not sure, madam. I'll have to call on Nick to see if he's got some information on this issue. COMMISSIONER HILLER: You know, we have a time-certain, so we can't dwell on this. And what I'm going to suggest is if this is a permitting issue, if-- MR. CASALANGUIDA: Let me get with him off-- COMMISSIONER HILLER: Right. And that's what I would ask. (Chairwoman Hiller and Mr. Paul conversing in Creole.) MR. PAUL: Before I go? COMMISSIONER HILLER: (Answered in Creole.) MR. CASALANGUIDA: I don't think the court reporter caught any of that. COMMISSIONER HILLER: We'll help after. MR. PAUL: So if I'll be able to say one last word. COMMISSIONER HILLER: Yes. MR. BROCK: Just put down chairman speaking gibberish. MR. PAUL: One last word, please. COMMISSIONER HILLER: Hey, we're getting things done, okay. Page 129 February 26, 2013 MR. PAUL: Just one last word. CHAIRWOMAN HILLER: I can't speak cracker, but I can speak French. MR. PAUL: Oh, you can speak French? We could speak. COMMISSIONER HILLER: (Answered in French.) COMMISSIONER COYLE: That would be with a Canadian accent, which is not going to -- MR. PAUL: That's what I wanted. Could you help us to have the extension of the master plan for Immokalee? (Commissioner Hiller is having a conversation with Mr. Paul in Creole.) COMMISSIONER COYLE: He just gave up. He couldn't understand what you're saying. COMMISSIONER HILLER: Commissioner Henning? COMMISSIONER HENNING: Thank you. MR. BROCK: Show off. CHAIRWOMAN HILLER: Damn right. COMMISSIONER NANCE: Maybe we just had another settlement, Commissioner Coyle. I don't know what happened. COMMISSIONER COYLE: I don't know how much that cost the people of Collier County. COMMISSIONER HILLER: Commissioner Henning has the floor. Commissioner Henning has the floor. COMMISSIONER HENNING: Mr. Muckel? MR. MUCKEL: Yes. COMMISSIONER HENNING: Do you have a contract on board for completing the project? MR. MUCKEL: No, we don't. The NRLDRs? COMMISSIONER HENNING: Yes. MR. MUCKEL: No, they are as they stand. They're referencing the proposed Immokalee Area Master Plan, so they will need to be to edited to delete any references to the IAMP, which we will do -- Page 130 February 26, 2013 COMMISSIONER HENNING: You mean the proposed IMAP (sic)? MR. MUCKEL: Yes, yes. COMMISSIONER HENNING: Okay. Well, that's very simple MR. MUCKEL: Yep. COMMISSIONER HENNING: --just to do that. Now, are you going to -- MR. MUCKEL: I'm sorry. The permanent LDRs -- the interim LDRs are fine as they are. They've been in place now for a few years, so we'll just extend them till 2015 and, in the meantime, work on the permanent side of LDRs for Immokalee. CHAIRWOMAN FIALA: I'd like to call the question, please. MR. MUCKEL: And we do not -- COMMISSIONER HENNING: No. I'm not done. Hang on, please. MR. MUCKEL: And that permanent set of LDRs references the IAMP. We'll have to go through and edit them to delete -- COMMISSIONER HENNING: Are you going to get a contractor? MR. MUCKEL: Probably not. COMMISSIONER HENNING: Probably not? MR. MUCKEL: Probably not. COMMISSIONER HENNING: Who's -- MR. MUCKEL: Probably be done in-house. I'll work with the county planning staff, or I'll do it myself, yeah, the permanent LDRs. COMMISSIONER HILLER: That's great. COMMISSIONER HENNING: Well, I don't want to take any more of your time, but there's no reason why we can't do this incrementally also. I'll talk to you later. MR. MUCKEL: Okay, yeah. CHAIRWOMAN FIALA: Motion is on the floor and a second to Page 131 February 26, 2013 approve this. All in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRWOMAN FIALA: Aye. CHAIRWOMAN HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN FIALA: Opposed, like sign. (No response.) CHAIRWOMAN FIALA: And for now we're going to recess this meeting because we have a 2 o'clock time-certain. COMMISSIONER HILLER: No, we're going to do 14B2. CHAIRWOMAN FIALA: You want to do that? COMMISSIONER HILLER: Yes. CHAIRWOMAN FIALA: Okay. Never mind. Skip that recess. MR. OCHS: Thank you, ma'am. Item #1482 RECOMMENDATION THAT THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) ACTING AS COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE THE LOCAL GOVERNMENTAL AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE CRA AND APPROVE ALL NECESSARY BUDGET AMENDMENTS TO RECOGNIZE THE REVENUE — APPROVED MR. OCHS: 14B2 is a recommendation that the Board of County Commissioners, acting as the Collier County Community Redevelopment Agency, approve the local government agreement between the South Florida Water Management District and the CRA, Page 132 February 26, 2013 and approve all necessary budget amendments to recognize the revenue. This project is -- MR. MUCKEL: Yes. Thank you, Leo. Just real quick. I can appreciate you have a time-certain here. I want to make one comment on Item 6B, public petition, by Mr. Pedro Menendez this morning. I'd be remiss if I didn't comment on his insinuation that the Immokalee CRA is somehow defunct as a result of the board's actions. I would ask Mr. Menendez and his constituents to please stop focusing on the past and join me in embracing the future. The Immokalee Area Master Plan is water under the bridge, and it's time to move on. Our CRA is on the brink of making some considerable improvements to our Immokalee. We are undertaking millions of dollars of improvements right now while maintaining a fiscally conservative approach to doing business, all the while, with less than $400,000 a year in tax revenue. So I just wanted to -- COMMISSIONER HILLER: Very well said. Thank you so much. I'd like to add one comment to that, and then we're going to take a vote on 14B2, if I may, and that is -- COMMISSIONER HENNING: Who's the CRA chairman? COMMISSIONER HILLER: Oh, she is. Sorry. I forgot. Can I just finish this one comment? Immokalee -- everyone keeps referring to Immokalee as a town. MR. MUCKEL: It's not a town. COMMISSIONER HILLER: It's not. It's a neighborhood. MR. MUCKEL: Absolutely. COMMISSIONER HILLER: And once and for all, I think the community needs to understand Immokalee is not a city, it's not incorporated, it's not a special direct, it's not a town, it's not a village; it's a neighborhood, and I just wanted to get that the record. Page 133 February 26, 2013 MR. MUCKEL: Sure. CHAIRWOMAN FIALA: Yes, but could we get back to the subject? You gave a nice little speech, but it wasn't -- didn't have anything to do with 14B2, did it? COMMISSIONER HILLER: Motion to approve. MR. MUCKEL: No, ma'am, it did not. CHAIRWOMAN FIALA: Okay. MR. MUCKEL: But it needed to be said. COMMISSIONER NANCE: Second. CHAIRWOMAN FIALA: Okay. I have a motion on the floor and a second. Commissioner Henning, are you back up to bat? COMMISSIONER HENNING: Yes, thank you. County staff supports this project with a jump start of$200,000, and it's a good project to get done along with the other stormwater projects. So I'm fully in support of it. CHAIRWOMAN FIALA: Okay. Commissioner Nance? COMMISSIONER NANCE: Yes. Mr. Muckel, thank you for your remarks, sir. I'm looking forward. This is $200,000 that's going to assist with the Immokalee Drive drainage improvement project; is that not right? MR. MUCKEL: That's correct. COMMISSIONER NANCE: Thank you, sir. You did a nice job on the last one. I'll look forward to working with you in the future. MR. MUCKEL: Thank you. COMMISSIONER NANCE: Thank you very much. MR. MUCKEL: Thank you. COMMISSIONER NANCE: I certainly support this motion. CHAIRWOMAN FIALA: Okay. All in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRWOMAN FIALA: Aye. Page 134 February 26, 2013 COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN FIALA: Opposed, like sign? (No response.) CHAIRWOMAN FIALA: And now the CRA meeting is closed. Now you get it back. CHAIRWOMAN HILLER: The board meeting is now open. MR. OCHS: Commissioners, this -- CHAIRWOMAN HILLER: Back in session. MR. OCHS: Yes, ma'am. Item #13A PRESENTATION BY THE CLERK OF THE CIRCUIT COURT REGARDING AUDIT REPORT 2012-2, COLLIER COUNTY AIRPORT AUTHORITY: MARCO ISLAND EXECUTIVE AIRPORT — LIMITED SCOPE: MARCO ISLAND PARALLEL TAXIWAY EXPANSION — FAA AND FDOT GRANT FUNDING — PRESENTED MR. OCHS: And that leads us to your 2 p.m. time-certain. It's Item 13A to be followed immediately thereafter by item 13B and 13C. 13A is a presentation by the Clerk of the Circuit Court regarding Audit Report 2012-2, Collier County Airport Authority; Marco Island Executive Airport -- limited scope; Marco Island -- excuse me -- parallel taxiway expansion -- FAA and FDOT grant funding. And Mr. Brock is here to present. MR. BROCK: You want me to do them in the order that they're on the agenda? MR. OCHS: If you don't mind. MR. BROCK: I don't. That's fine. Page 135 February 26, 2013 CHAIRWOMAN HILLER: Clerk, before you begin -- MR. BROCK: Yes, ma'am. CHAIRWOMAN HILLER: -- could you explain for the benefit of the public that you conduct the audits, that everything is held confidential, and an audit report doesn't become public till the board actually accepts it so they understand why we have not received this ahead of the meeting but staff has, and their comments are included. MR. BROCK: You know, the most fundamental reason is because the law says that the audits are confidential until such time as they are presented to the board. There is a case right on point with regard to them being passed out to the staff for their review and comment which says that that does not comply with the requirements of the statute that they be presented to the board, and as a consequence of that law -- but, I mean, I can go into the fundamental reasoning behind that which is, you know, you do not want to be getting information out before anyone, public or otherwise, prior to you making sure that the information is correct. And the principal theory behind that is, you know, before we make comments about the operation of Leo's staff, I'm sure Leo would like to know what those comments are going to be and have an opportunity to respond to them. And in addition to that, we may have concluded something that Leo and his staff might point out to us was total unadulterated nonsense which we needed to correct. So that's the primary purpose. You know, you don't want to be putting information that is incorrect out there. So the purpose behind the statute, in my opinion, is to try to ensure that it is correct and complete. CHAIRWOMAN HILLER: Thank you. So just again, for the benefit of the public, this audit report has been confidential and will be made public once accepted by the board and -- but staff has reviewed everything that is in this report and has provided comments to you in turn prior to the presentation here today. Page 136 February 26, 2013 MR. BROCK: Absolutely, staff comments are included in the report itself. CHAIRWOMAN HILLER: Okay. Thank you. MR. BROCK: The first audit that you're looking at is an audit of a completion of a project in which we dealt with a bill paying issue at the Immokalee taxiway project. I'm sorry -- not Immokalee. I see Mr. Curry walk by, and I immediately think of Immokalee, but it is the Marco Island taxiway. If you look at -- go to the next page. If you look at the slide, you will see the basic diagram of Marco Island taxiway and the Marco Island airport. Over here on the left-hand side of that particular area is, in fact, a parking area for automobiles, which some of that parking area actually falls into a PUD associated with Marco Island, planned unit development. The issue that has been before this board previously was they were about to finish the development and the construction of the taxiway, and it was being presented to us for final payment. In the process of us going through and analyzing that final payment, we spoke to county staff, worked with county staff to the best of our ability to try to come to a resolution of an issue that we identified for ourselves, which was that the taxiway extension project fell into a conservation ST area. That little area where the red line is over to the runways is a conservation ST area, or a portion of it is. And as we began looking at that, that presented a problem, and only for the reason that the grant request and the grant requirement necessitated that we have all of the local permitting and zoning for purposes of the project. We had assured the FAA and the FDOT that all of the submissions that had been made were, in fact, being validated and that they, in fact, complied with all local zoning and permitting. When we began looking at it, we originally thought that we had it Page 137 February 26, 2013 solved. And we went to county staff and we said, you know, we don't see any provision in the project that says when that has to be done, as long as it gets done. (Cell phone making noises.) COMMISSIONER COYLE: I'm sorry. Go ahead. CHAIRWOMAN HILLER: That's like ET in the palm of his hand, you know. MR. BROCK: Not a problem. And all of a sudden, then, we met a resistance that staff had come to the conclusion that there was not a zoning problem and that they weren't going to correct it. Eventually they did. When you went through and saw what they needed to do, they needed to get proper zoning, because as that portion of the project that existed in conservation ST required, it did not allow for airports. In addition to that, back in 2001 there was actually a memorandum of understanding that was done by Penny Phillippi, as interim airport manager, that indicated that all of the parties to that conservation project out there, including the -- what's the name of that conservation group? MS. GAILLARD: The Conservancy. MR. BROCK: The Conservancy had to sign off on it. And the representation in the application tended to indicate to us that it was, in fact, a part of the planned unit development for Marco, which clearly it was not. Eventually -- I'm trying to shorten this up so we can get through this without going through a lot of the slides that I've got. But eventually we went through the project, and we worked it out with county staff, and they went back and got rid of-- or they did -- got rid of the problems and accomplished everything that was needed. They got the ST overlay permit. It was approved. They got the proper zoning through an amendment to the Land Development Code, and they looked at the memorandum of understanding that was required. Page 138 February 26, 2013 Go back to the first page. If you look at the area that we were saying was conservation, the part of the memorandum of understanding, or two pieces of the memorandum of understanding that we had a problem with was -- one of them was that the memorandum of understanding required a conservation easement. Well, now, if it's conservation ST to begin with, there would be no need for a conservation easement. That was ultimately looked at by the Conservancy and the other parties, and I think the board received a letter actually stating this, that they did not need a conservation easement, even though in 2001 it required that pursuant to the MOU, and I would -- I suspect the reason for that was because when it was first set out, it was set out as being part of that Marco Island PUD as opposed to the conservation ST area we found it to be. But they were all fixed, they were all resolved, and it's now closed. It's a closed book, and we can move on. The only thing I would suggest is that in the future, you know, when we try to work with staff, that if this whole thing had -- if we'd had done what we suggested should be done and ultimately was done back before this thing all blew up, this would have been a nonissue, and it would be over with and done. Any questions? (No response.) MR. BROCK: Okay. Next item. Which one is it? Item #13B PRESENTATION BY THE CLERK OF THE CIRCUIT COURT REGARDING AUDIT REPORT 2012-7, PARKS & RECREATION IMMOKALEE PAYROLL — PRESENTED MR. OCHS: I'm sorry, Mr. Brock. 13B is the presentation Page 139 February 26, 2013 regarding Audit Report 2012-7, parks and recreation, Immokalee payroll. MR. BROCK: Okay. This is the parks and recreation department. This is the payroll audit that we just completed. This particular -- go to the background page. In this particular audit, what transpired was that parks and recreation actually found that they had an employee that they discovered was having paychecks written for an employee, that they were not working, and they were being deposited or cashed by that employee. They brought this to the attention of law enforcement. They researched it, going to the human resources department. And it all originated as a consequence of the parent of the so-called employee calling when she got her W-2 indicating that she couldn't have possibly made this much money, that she was, in fact, in school. And later I think we learned that this may have, in fact, affected her ability for public assistance in education. Next page. Okay. What we, essentially, discovered when we went in and began looking at this was that location supervisor had approved and falsified time cards. Now, time cards are the actual documents that are filled out, supposedly, by the employee. And the timekeeper entered the falsified time into the SAP, which is the financial system, to trigger the issuance of payroll checks. The authorized approver failed to review the time, approved and release time, in SAP without validation, and the timekeeper picked up printed checks. The timekeepers and the supervisors cashed the checks at local Immokalee businesses. Now, if you know anything about accounting, I'm not sure there is a payroll internal control in that entire process that has not been violated. You have people who were supposed to do their job not doing their job. We have people who were not supposed to be doing things doing it. For example, the person that actually prepares the Page 140 February 26, 2013 time card should be the employee, not anyone else. The supervisor had approved and falsified the time cards, and it was all submitted through the process. And every internal control that you can possibly think of was probably violated in this process. As the county staff went through this process and picked it up, they reported it to the State Attorney's Office. We began looking at what transpired and said, okay, let's look at it not just from this one particular transaction, but let's look at it from a global perspective in relation to these job bank employees, and that's what we did. We tested 100 percent for job bank employees at the community center and the Immokalee Sports Complex. Without going through all of that, one of the things that was disturbing to us is we discovered that out of 23 job bank employees tested, there were actually 28 employee identification SAP numbers. I'm sorry, 25 not 23 (sic), okay. There were time sheets that were excluded from our review because they were not considered source documents, that is a -- there was a list of the time sheets that were actually prepared. We looked at the time cards where the entries were made into the SAP system and all of the approvals associated therewith. One of the things that was a limitation on what we could look at was that the -- there was inability of the county department to provide us with the source documents related to internal time schedules, employee time cards, time sheets for testing period. Ultimately ended up to be about two-and-a-half years. Tested ended up -- our testing relied on the time cards that we had and had been certified by employees and supervisors. If you look at the next slide, the first one on the left-hand side is actually the signature of Alyssa Navarro. That top line is the employee's signature; we are fairly confident of that. The bottom line is the signature that was found on the time card. Or actually, no, this was on the payroll check for endorsement. Page 141 February 26, 2013 The next one is another employee. The top one is, in fact, the employee's signature. The bottom one is an endorsement on the check. At this point we had come to the conclusion that a payroll theft or forgery had occurred, and the potential for theft still exists beyond that simple employee. You have another time card, same thing. Top one is the employee's signature. The bottom one is the payroll check endorsement signature. Same thing with the next one. Another one. More of the same. We then began looking at the time-entry process, which we concluded lacked management oversight. For example, we had -- in this particular one, if you look at the time card, on one of the time cards you had them working at one location, and at the other location you had them working in overlapping times. COMMISSIONER COYLE: The one indicates they worked from 1 o'clock to 7 o'clock, but the total hours was zero. MR. BROCK: That's correct; that is correct. COMMISSIONER COYLE: What's all that about? MR. BROCK: We have no idea. COMMISSIONER COYLE: Yeah. MR. BROCK: Okay. And, you know, if you look at the right-hand side, you will notice that there appears to be changes in the time card. That is going to become an issue of concern for us as we went through the process in that if there is a change made to that time card, under the rules promulgated by the county, they are supposed to either sign that change or they're supposed to initial that change. So, in essence, this person, based upon their time card, worked from 10 to 3, which is 4 hours, and then 1 to 7 which is, in fact, what, 6 hours. So we've got 9 hours, 10 hours worked there. That creates several problems that we will discuss later. If you have questions, I'll be more than happy to answer them. Page 142 February 26, 2013 Okay. The next one is just a summary of our finding that you can read in the book that I'm really not going to go through in great detail. But parks and rec's response -- you know, we were talking about the responses that we solicit from parks and rec staff. Here is actually a parks and recreation management response. Prior and subsequent to this incident, the regional manager and supervisor were providing management oversight of the timekeeping process, though adherence to county department procedures were not consistent across all of the supervision groups. Well, I mean, one of the concerns that we had was that we got the sense from all of the feedback -- and we certainly hope this is not true, and if it is, we would wish you to give county staff a nudge in the direction that, you know, this is not a unserious matter, that this is something that should be looked at, and I can assure you we found it to be more pervasive than just the one incident that got reported to law enforcement. CHAIRWOMAN HILLER: Do we know if this is happening outside of this department? Have we looked at it? I mean, do we have a problem in other departments within this division or in other divisions? Have we expanded the scope? MR. BROCK: You know, parks and recreation is the same department group we had the theft of receipts of revenue in North Naples. CHAIRWOMAN HILLER: I remember that. MR. BROCK: But we looked at -- and one of the things that we discovered as we looked at that -- we worked in conjunction with the State Attorney's Office to try to determine the amount of the loss as opposed to just accepting as the amount of the loss to be the amount that the individual confessed to. CHAIRWOMAN HILLER: No, we understand. MR. BROCK: And we were incapable of doing that because of the lack of controls. Page 143 February 26, 2013 Primary of concern was that they were, basically, taking in cash and putting it in a drawer, and as anybody that's ever been in business knows, that is just an invitation to start kiting the cash. You know, you borrow from Peter hoping you can pay it back tomorrow, and it's not long before you can't pay it back at all. Okay. I mean, Megan is actually one of the auditors in the auditing department and finance, and she tells me that we're in the process of looking at some of the other ones that have been identified as problem issues through the financial system as opposed to implementing an audit and that they will probably be beginning audits of other departments as well, but that has not started yet. One of the problems that we identified, or the problems, basically, that we identified, are listed on the next page. If you look at the top, obviously, that's the correct procedure that should be followed. The location supervisor approves the employee's time card. The employee time -- fills it out, signs it, and you have a supervisor who then approved who hopefully would be familiar with whether the employee actually worked. The next one, the timekeeper, who is different, you know, segregation of function, enters the time card information in the payroll system, which is the financial SAP software. Then you have an authorized reviewer or approver. He reviews the -- and approves the releases of the time into the SAP process. So you have another segregation of function. And then checks are picked up in administration and distributed to the employees by people who are familiar with whether or not they worked. If you'll go back to what transpired in this particular scenario, you will recall that basically none of those actually took place with any degree of reliability. And the Immokalee Community Center location, the supervisor was the timekeeper. The timekeepers have reviewed, approved, and Page 144 February 26, 2013 released time in SAP. The regional manager has approved, signed employed time card and reviewed, approved, and released time in the SAP. So you have basically eliminated all your segregation of functions that are commonly referred to as internal controls, and you are ripe for the taxpayers' pockets to be pilfered. Yes, ma'am. CHAIRWOMAN HILLER: The time-entry process steps for segregation are clearly defined in the county's manuals, correct? MR. BROCK: That's correct. CHAIRWOMAN HILLER: So they basically -- management was just not enforcing the internal controls and, as a consequence, this happened? MR. BROCK: I think that is a fair statement. I think the controls were absolutely in place. You know, basically, if-- because you have a four-step process of segregation of function. You have the -- CHAIRWOMAN HILLER: Right. MR. BROCK: -- employee preparing the time card. You've got, then, the employee and a supervisor signing it. In theory, you're going to see that that didn't occur. Then it goes to another person for review. So, I mean, you had all of these controls built in that were just ignored. Okay. The next one -- COMMISSIONER COYLE: Can I ask you a question, Mr. Brock? MR. BROCK: Yes, sir. COMMISSIONER COYLE: Does there appear to be any collusion among employees to avoid these checks, or is this just pure incompetence? MR. BROCK: No. There was clearly, in this particular individual, collusion. COMMISSIONER COYLE: Okay. MR. BROCK: There may have, in fact, been some collusion Page 145 February 26, 2013 with the employee. You're going to hear about some information that we were able to obtain that -- you know, this may have been collusion between a couple of employees and -- or, I mean, a couple of supervisors and the employee. Employee wasn't even here. But it is pervasive -- we discovered it to be pervasive in the entire job bank program at both of these two Immokalee locations. CHAIRWOMAN HILLER: We don't know whether or not any of these supervisors were getting kickbacks for allowing this to go on? MR. BROCK: Well, I mean, I think you're fixing to discover that they were getting more than kickbacks. They were actually taking the check and cashing it and putting it in their pocket. CHAIRWOMAN HILLER: Oh, wow. That's like -- yeah, that is a little more than a kickback. That's like the whole enchilada. MR. BROCK: I mean, you're actually going to -- or we found information that led us to believe that the employee might have been involved, the employee who was supposedly having the time card prepared for them and wasn't really there -- CHAIRWOMAN HILLER: So it was the employee was -- MR. BROCK: -- as a consequence of signatures showing up on documents that were hers and being deposited into her bank account. It was one of the things that we found a little amazing, I guess one might say, is that the mother is the one who originally broke -- brought this up as a consequence of it having an adverse impact on student assistance. But once it was brought up and we began looking at it, we never heard from her again. The next process that we began looking at was actually the time card. And we discovered that -- go back where? Okay. Go back to this one. As we went through, there were 639 time-entry errors detected. This was over a period of about 25 employees or 28 SAP numbers, biweekly checks for two-and-a-half years, but part of the problem here was that about 29 percent of the physical documentation relative to Page 146 February 26, 2013 this we could not find. It was not provided to us. And I would, in fact, suggest to you that -- CHAIRWOMAN HILLER: Can you -- hang on a second. What did you just say? MR. BROCK: We could not find the original documents or the documents of original entry for the payroll. CHAIRWOMAN HILLER: How is that possible? MR. BROCK: Nobody had them. CHAIRWOMAN HILLER: That's not possible. These are public records. COMMISSIONER COYLE: It's possible. MR. BROCK: Well -- can you turn that on. Can you zoom in on that. I mean, I know what it says. Can you-all read it? That's the GS 1 . That's the Governmental Services Department, the Division of Archives of the Secretary of State regulatory requirements for destruction and retention of official -- not official, but public records. You will see that the time retention requirement is that portion in yellow which is three years, assuming the audit has been completed. All of these would have fallen within that time frame of three years. And we found about 29 percent of the original documents, or the documents of original entry, were not available and had been apparently destroyed. Okay. CHAIRWOMAN HILLER: So we have another criminal violation related to public records destruction? MR. BROCK: I think you've got -- I used to do that for a living. I don't do that anymore. I think he's sitting back there. CHAIRWOMAN HILLER: Are you going to give us a summary of-- MR. MOLENAAR: No. CHAIRWOMAN HILLER: I would actually appreciate a summary of the -- I mean, if you have a pending case of what the Page 147 February 26, 2013 allegation are -- not -- I mean, you can let him finish his presentation, but I would really -- MR. MOLENAAR: I'll let him finish. MR. BROCK: I think Your Honor -- I mean, not Your Honor -- I think, Ms. Chairman, you will find that most what he's got he's gotten CHAIRWOMAN HILLER: Can you come up? Can you come up? MR. BROCK: -- he will have gotten from what we're presenting here today. CHAIRWOMAN HILLER: No, I'd kind of like to hear it from the horse's mouth, too. MR. BROCK: You may hear it from his mouth. CHAIRWOMAN HILLER: I'm not saying you're not a horse, but two horses. Go ahead. Wait till he's done, and then if you could summarize MR. MOLENAAR: Absolutely. CHAIRWOMAN HILLER: -- the criminal activity. Go ahead. MR. BROCK: Okay. We had 303 input error out of the ones that we examined. We had 330 calculations errors and six other errors. CHAIRWOMAN HILLER: Could you get it back on the overhead. MR. BROCK: I'm sorry? CHAIRWOMAN HILLER: Could we get it back on the overhead. MR. BROCK: Now, there are a multitude of problems that can be caused as a consequence of that of which -- not the least of which is the taxpayers can have their coffers pilfered. But in addition to that, you know, you have EEOC issues Page 148 February 26, 2013 associated with overtime pay that could be raised. And what they're going to look to based upon our communication with the external auditors and the people that are involved in this is they actually look at the time, not the addition. So they're going to be looking at the time. The -- go to the next slide. Oh, you've got the slide. And if you look here -- CHAIRWOMAN HILLER: And just to -- can I interrupt you? That's to clarify Commissioner Coyle's question, because he said, you know, the time went from 1 o'clock to 7 o'clock, but it's totaled as zero. So they ignore that zero. They actually look at -- you know, she claims she worked from 1 to 7, which is six hours. That's what should have been reported notwithstanding, you know, the calculation. MR. BROCK: Well, that's what, as -- we have been told, and we're certainly not experts in the EEOC compliance, okay. But we have been told that what they look to is what is the time that is logged in and logged out. The rest of it is serfage (sic). CHAIRWOMAN HILLER: Right. MR. BROCK: If you look at the one that's on the screen, the person apparently worked from 2:30 -- we're not sure 2:30 a.m. or p.m. to 1 :00, and that's nine hours. I'm not sure how we got to where they got to there. But you -- then they worked from 1 :30 to 9:00. That is, what, seven-and-a-half hours. They've got six hours in the total hours. Okay. If you recalculated it, is what we did, we recalculate the time card, there's 18 hours there. SAP reported six. Now, I think it would be hard to fathom the process by which someone worked from 2:30 to 1 :00, but we got one even better than that here in just a little bit. They worked all 24 hours in one day. COMMISSIONER COYLE: That should have been 12:30 to 1 :00 there, because they come in early in the morning on all the other days. I guess 12:30 is about when they start. Rather than 2:30, it should have been 12:30. Page 149 February 26, 2013 MR. WILLIAMS: That's correct. MR. BROCK: But let's go back. Maybe we can get some insight into why this is this way. This time card was signed by Joseph Bony. Joseph Bony is the employee who was apparently creating the fictitious time cards for the employees. But all of these scream that the controls were just being absolutely and totally ignored. The next one is a very similar calculation error. I guess one of the requirements of all employees should be you can add at least to 10. One to four is three hours, not four. COMMISSIONER COYLE: One, two, three, four. MR. BROCK: Were you working there? CHAIRWOMAN HILLER: No, but I think he would like to. MR. BROCK: As you can see, we recalculated it on the right, and those were the times reflected. That was Sandra Ramos. She was Immokalee Community Center location supervisor. MS. GAILLARD: Married to Mr. Bony. MR. BROCK: Married to Mr. Bony, by the way. And we all know who he was, right? CHAIRWOMAN HILLER: Uh-huh, no. MR. BROCK: No. Well, let's go back. He was the employee that was taking the employee's payroll check over to the cashing station and cashing it, and that was his wife. The calculation in inputting overtime errors continues. Without belaboring the point, it just keeps going through the process. In this particular situation, though, I find it a little bit strange in that the actual time in SAP was 32, but it -- does it calculate up to be 40? It adds up to 40. We can find nowhere where the employee complained that they got underpaid. The next one is another Joseph Bony situation. And this one we've got a couple of problems. We've got a change that occurred without a signature of the employee, and I'm assuming that was to make it work to come up to six, but we don't know. But the policy of Page 150 February 26, 2013 the county is that all changes must either have an initial of the employee or a signature of the employee. This one is actually -- if you go back to the one with the six on it, this is actually the one where you go into the system and discover that it was input into the system that the employee worked all 24 hours that day. Continuation of the input errors. You have 19; the system shows three and a half. 13.5; the system shows zero. And what is even stranger is, to our knowledge, we found no corrections of the employee's time to indicate that it was corrected. So we find that a little bit confusing as to why the employees would not be speaking up, so to speak, if they were getting underpaid. COMMISSIONER NANCE: I have a question. Are these time cards supposed to be filled out on a daily basis? MR. BROCK: Yes, sir. COMMISSIONER NANCE: It's obvious to me, by just looking at the examples you provided, that these time cards are not being filled out on a daily basis. They're probably being filled out at the end of the week trying to recapitulate what somebody's working. Because if you look at the way they're filled out, being somebody that's looked at 50 quadrillion time cards, I can tell you that's what's happening here, and what's happening is they're trying to back into a number of hours during the week, and they don't know how to do it. MR. WILLIAMS: Could I respond? May I? MR. BROCK: Sure. MR. WILLIAMS: Yeah. Hi, Barry Williams, parks and recreation director. Just to respond to your question, there is certain times -- and you have to understand that, you know, we're dealing with job bank employees. Typically these are teenagers. COMMISSIONER NANCE: Yes. MR. WILLIAMS: One of the things that they do, they work Page 151 February 26, 2013 seven days a week in some of our locations. When the payroll period ends, some of the times we have to protect the time in order to meet the payroll guidelines. So what we have them on as the schedule, we'll put that time anticipating that's what they'll work. Often what happens with teenagers, things change, and so those numbers adjust. So we are working with a different system. You know, human resources is changing the process where we don't have to do that any longer, so that's going to help a lot. But thank you for letting me insert that. COMMISSIONER NANCE: I'm just suggesting to you why you have some of the errors that you're seeing, because it's -- MR. BROCK: But that didn't escape us. If you look at the color of the ink on each and every one of them -- COMMISSIONER NANCE: They've been filled out at one moment, yes. MR. BROCK: Right. But you know, projecting the end-of-week work on the second week of the pay period is nothing unique to the job bankers. That occurred with every county employee until we just very recently changed that process. COMMISSIONER NANCE: Yes. MR. BROCK: Okay. I mean, the policy is what the policy is -- COMMISSIONER NANCE: Yes, sir. MR. BROCK: -- and it's there for a purpose, and that is to create the internal controls to prevent just what we're seeing happen from happening. CHAIRWOMAN HILLER: Commissioner Fiala, would you like to comment? COMMISSIONER FIALA: Just a second, if you don't mind. MR. BROCK: Sure. COMMISSIONER FIALA: So once somebody fills these cards out, then is -- and assuming that it was the employee -- MR. BROCK: Correct. Page 152 February 26, 2013 COMMISSIONER FIALA: -- and then the supervisor is supposed to sign them, are they supposed to add it together, or does it go from the supervisor then to another department, or does payroll verify it? How does that work? MS. GAILLARD: Megan Gaillard, for the record. The way it works is the employee fills it out, the location supervisor reviews it, recalculates it, and signs off on it. Then it goes to a third person, which is a separate party, the timekeeper, who re- verifies everything. And if it re-verifies, they enter it into SAP, which is the payroll system. Once it's entered into the SAP system, the authorized approver, who is typically the regional manager, re-reviews the physical time card, compares it to SAP, validates it, and releases the time for payment. Then it gets paid, and human resources and finance do a separate review, but they never see the time cards. The time cards are the responsibility of the department. COMMISSIONER FIALA: So it goes through four people before it gets to you? MR. BROCK: That is correct. COMMISSIONER FIALA: Thank you. MR. BROCK: You know, you're fixing to see me throw us under the bus here in just a minute. So we're not squeaky clean here either. You know, parks and rec's management response actions establish a central ongoing post-audit of payroll records for each payroll period. I mean, I put this in here, I guess, to point out what I perceive to be government at its worst, which is when the people who are supposed to do their job can't do it. We'll hire somebody else to do it? When errors are detected, they are promptly corrected the next pay period. We discovered that wasn't the case. And new procedures will be formally memorialized through the CMAs, which are the policies, okay. But, you know, that probably means nothing other than I just Page 153 February 26, 2013 found that to be amazing. The responses as we looked at them, in our humble opinion, appeared to minimize the amount and severity of the problem. You know, just out of what little bit we looked at here, you know, we're talking about $24,000 worth of errors, variance either up or down. We're talking about 13,000 estimated underpayments, 10,000 estimated overpayments, and it appeared to be that this was just pervasive of the processes where we were looking. It appears parks and rec has complied -- has not complied with the fair labor standards. As I explained, we understood it, in 90 overtime errors, 99 input errors, 77 calculations errors, and four employees working at multiple locations. We actually had some occasions in which people were working at multiple locations at the same time. I've already gone through the next one. Megan, let's go to -- skip that one. Move on. Staff does not anticipate this exercise will undercover -- this is parks and rec's response -- uncover significant unpaid balances. Human resources -- and I want to compliment human resources. Human resources was involved in this process as we went through it, and they should get the accolades that they deserve for working with us and recognizing the problem and doing the things that were necessary to try to solve the problem. I could not say anything bad about what they did in terms of this process. They stepped up to the plate as we went through this. Go to the next one. Let's move on. Original time-entry documents were altered and corrections were not properly approved by employees. As you can see in this one, you know, one of the things that specifically prohibited on the time cards is you're not supposed to be using Whiteout, and that seemed to be one of the pervasive processes that was used. The time cards didn't add up. If you see -- if you look, Page 154 February 26, 2013 Commissioner Nance, it appears that they used the same ink here. I think that goes to the point you were trying to make. Here is parks and recreation management's response and our actual response to it. I'll let you read this without going through it. Here are some situations in which, you know, you find that the employees did not sign the documents, okay. Signature on file; we could find absolutely no provision for use of a signature-on-file provision. I mean, and that just screams for lack of internal controls. Then you find them with no signature at all, but you've got -- amazingly, you've got the supervisor signing them as having been complete. How could they do that? Here we have a situation in which it appears that the employee signed and the supervisor didn't sign. Oh, supervisor signed on the wrong line. I've been corrected, okay. So it's the employee that didn't sign. Another example of deficiencies. Inaccuracies in time as reported from 9 to 2. That's what, nine, 10, 11, 12, 1, 2. That's four. And from 1 to 7, that equals nine. Parks and recreation policy, here is the policy. If you want to go through it, it's there. There's parks and rec's management response and our response to it. Without spending a lot of time reading what you can read yourself, you can find it in the audit report. Those are basically a summary of them. There are some more parks and rec's response and our comments with regard to it. Keep going. Let's bring this to an end. We tried to show you some of parks and recreation's response and our comments to it so that you could understand our concern that maybe they aren't quite taking the degree of concern that we thought should have been taken. This one is a situation in which it was allocated to the wrong cost center, okay. For example, they worked in one location, and it was actually posted to another. Our concern there was that they were trying to avoid having to Page 155 February 26, 2013 do a -- and this is supposition on our part -- that they were trying to avoid having do an amendment to get it to where it needed to be. Keep going. I mean, this is a system problem -- it's not a problem, but it's a system control that seemed to be ignored by the data entry people that were doing this and filling out these documents. The IT-27 cost distribution screen actually overrides all of the processes of distribution within the SAP system. So regardless of what else you do within the system, that is going to control it, and it appears that no one understood that and, as a consequence, it was being allocated improperly. COMMISSIONER NANCE: Mr. Brock, do you know how many different employees are working in this -- in this location that you're reviewing? MR. BROCK: Well, we examined 25 employee time cards. COMMISSIONER NANCE: Is that the total -- you examined all of them? You took a sample of all? MR. BROCK: All of them we actually could get. You're fixing to see how many we couldn't get. COMMISSIONER NANCE: But, I mean, there's 25 folks working there? MR. BROCK: Twenty-five, and they had 28 SAP numbers. COMMISSIONER NANCE: Okay. MR. BROCK: Let's go on over and bring this to a -- CHAIRWOMAN HILLER: So if I understand correctly, there were three phantom employees? COMMISSIONER HENNING: No. MR. BROCK: No. CHAIRWOMAN HILLER: But you said 28 SAP numbers. COMMISSIONER HENNING: Twenty-five. CHAIRWOMAN HILLER: And 25 employees. MR. BROCK: The employees had multiple SAP numbers. CHAIRWOMAN HILLER: Were they collecting payroll twice Page 156 February 26, 2013 over on two different numbers? MR. BROCK: Well, I mean, we can show you. CHAIRWOMAN HILLER: Who assigns the SAP number? MR. WILLIAMS: The SAP numbers -- Barry Williams, parks and recreation director. Just to answer the question -- and certainly the clerk's, you know, response to that question as well. I mean, in past practices, in Immokalee in particular, we have part-time employees that work for us year round, and in the summer we provide summer recreation. So instead of hiring another employee, we would extend them from a 20-hour workweek to 40 hours. And so what we would do is -- they have an established SAP number associated with their regular part-time status. We would assign another SAP number for them in their work as a summer camp recreation worker. So that expands their 40 hours. We've looked at that process and recognized the difficulties in that, and we no longer do that. But that's the explanation I can offer. MR. BROCK: The problem associated with that, ladies and gentlemen, is if you have an individual that works 20 hours, their benefits are remarkably different than someone who works more than 20 hours. So when you do that, you've just created an internal control nightmare. CHAIRWOMAN HILLER: You have, but I'm going to go back to my question. Who gives out SAP numbers? MR. WILLIAMS: That is a process of the hiring. Every summer we'll hire the additional staff members. We will -- the SAP number's created through human resources. A personnel action report is completed that would identify that separate number. CHAIRWOMAN HILLER: So human resources is generating the second SAP number? MR. WILLIAMS: Yes. I don't know if you'd want to respond to that or -- Page 157 February 26, 2013 CHAIRWOMAN HILLER: I just don't understand how, you know, given the impact on benefits, HR would assign two separate numbers in that fashion. MS. LYBERG: Amy Lyberg, human resources. There were circumstances like Mr. Williams explained that you have a regular part-time employee, and then for a limited period of time, there's a separate ID number assigned. There are occasions when the part-time employment and the pay for that employee could be different. Could be at a higher rate, could be at a lower rate than the position for which we're hiring for the summer. So there is -- it's difficult to pay the same -- if you've got two different rates of pay, we would need to assign a separate ID number so we could pay according to the work they're doing at potentially two different -- CHAIRWOMAN HILLER: Positions? MS. LYBERG: -- two different positions within the county. As Mr. Williams explained, that practice has gone away that -- we'd done away with that, I believe, three summers ago, and that no longer is the case. If we have a situation, we work with parks to ensure that if they're working a full 40 hours, we're compensating them under one SAP ID number. CHAIRWOMAN HILLER: Yeah. I think that's exactly what you have to do, because otherwise you have major problems. But at least I'm glad to hear that HR is assigning the SAP numbers, because I would really worry if, you know, someone other than HR -- like if-- MR. BROCK: My staff were dealing with human resources. CHAIRWOMAN HILLER: Right. No -- and I'm really -- because, seriously, if, like division staff was assigning the SAP, I would really be concerned. But I'm happy to hear that the issue is addressed through HR and that HR has taken the proper measures to rectify what clearly would be problematic. Page 158 February 26, 2013 MR. BROCK: Okay. Go to Page 43. CHAIRWOMAN HILLER: Clerk? MR. BROCK: Yes, ma'am. CHAIRWOMAN HILLER: We have to give our court reporter a break. What I'd like to do -- I mean, if you could -- MR. BROCK: I will try to bring this to a close real quick here. CHAIRWOMAN HILLER: So that we can do the third audit after the break. So if you could bring this to a close, I'd like the -- our economic crimes prosecutor, Mr. Molenaar, to very quickly surmise for us the criminal allegations, and then let's take a break for 10 minutes. MR. BROCK: Go to 40. Page 40, you will see -- you've got a time card here. Somebody put four hours into the SAP system when the time card had absolutely no time reflected on it. Go to Page 44. Okay. If you go to Page 44, you will see that -- CHAIRWOMAN HILLER: That's 43. MR. BROCK: I'm sorry, 43. There were 32 requested -- we got 32 that we requested, and 35 were not received. Okay. That's -- what's ISM -- IMSC? MS. GAILLARD: That's the sports complex. MR. BROCK: Sports complex, okay. Then IMCC we had -- we've got 69 that we'd requested, and 22 were not received. Okay. CHAIRWOMAN HILLER: Can we go back to that one. You mean that you requested 35 and you did not receive 32? MR. BROCK: No. We requested and received 32. CHAIRWOMAN HILLER: Oh, you requested and received, okay. MR. BROCK: There were 35 that we requested that were not received. CHAIRWOMAN HILLER: So you basically only -- MR. BROCK: Fifty-two percent were received and 48 percent -- CHAIRWOMAN HILLER: I see. Page 159 February 26, 2013 MR. BROCK: -- we were told they didn't have. CHAIRWOMAN HILLER: You only received half of what you -- okay. I see. MR. BROCK: Other way; 52 percent at IMSC we did not get of the time sheets. At the IMCC -- CHAIRWOMAN HILLER: That's a lot of missing records. MR. BROCK: -- we did not receive 34 percent of the time sheets. We did not receive a total of 31 percent of the time cards. CHAIRWOMAN HILLER: So we have serious public records control issues in addition to payroll fraud issues, in addition to payroll negligence issues. MR. BROCK: Right. You know, one of the issues that we discovered in this process that I think I would be remiss if I did not bring it to your attention is that when the reporting of Mr. Bono's actions -- Bony's actions to the State Attorney's Office took place, there was not a mention of there being any potential involvement by the employee whose time cards were being altered. Okay. However, in the course of discussing this with some of the county staff, we discovered that a telephone call took place in which two members of the county staff remembered very clearly that the parties acknowledged that -- CHAIRWOMAN HILLER: You have to talk into the mic, please. MR. BROCK: The parties acknowledged that the employee was in collusion, but that was never brought to the attention of law enforcement. But, you know, one of the reasons that may have been was one of the people that we spoke with indicated that he did not hear that consideration, but the other two did. Okay. So that is basically the sum and substance of what we found as we went through the audit. COMMISSIONER NANCE: Mr. Brock, are all the -- are all the time cards from parks and recreation manual time cards, are they only Page 160 February 26, 2013 manual at minor locations? MR. BROCK: I don't know the answer to that at this point in time. All we were looking at at these two locations were manual, but I think they're manual everywhere, aren't they? MS. GAILLARD: I'll let Barry answer. MR. WILLIAMS: Again, Barry Williams, parks and recreation director. The time cards for hourly employees are manual in most circumstances. The only exception is Sun-n-Fun Lagoon. We have a time clock system where time is recorded that way. COMMISSIONER NANCE: How many total employees do you have, sir? Do you have any idea? MR. WILLIAMS: I have approximately 200 FTEs that are full regular -- regular full and part-time employees. I have about 125, 150 that come on every summer as job bank employees. They work with us for concessions, lifeguards -- COMMISSIONER NANCE: Just part-time people for -- MR. WILLIAMS: -- summer camp counselors, yes, sir. COMMISSIONER NANCE: -- part -- at least part during the year, maybe 40 hours, but they only work for you for a short period of time during the year? MR. WILLIAMS: That's correct. COMMISSIONER NANCE: All right, sir. Thank you. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. Just a fast question either one of you can answer. I notice these are a couple years old, a few years old. Being that they were all identified, have efforts been made to correct this problem so it doesn't happen again? MR. WILLIAMS: Boy, I sure hope so. I think that's the one message I'd want to leave you with today is when this was brought to our attention, and even before that, we took steps to prevent this. And I do appreciate Mr. Brock's comment about the added Page 161 February 26, 2013 employee, and I respect his opinion there, but we do have an employee that's overseeing the entire payroll every payroll cycle -- COMMISSIONER FIALA: Since this time? MR. WILLIAMS: -- to look for mistakes. Yes. It's a very complex process. We do need somebody to look and do quality control for us, and we've added that. And we've done that since June of last year. And so when we see -- people still make mistakes. I won't deny that. But the mistakes are corrected right then versus going undetected. So that's what I can offer you in that. COMMISSIONER FIALA: Well, that's a good result, after finding out you have a problem, that you fix it rather than let it continue on. Thank you. MR. WILLIAMS: Yes, ma'am. MR. BROCK: Thank you. CHAIRWOMAN HILLER: Thank you. MR. BROCK: Do you want to take a break? CHAIRWOMAN HILLER: No. I'd like to hear on this particular issue so we can conclude this audit. Mr. Molenaar, could you state for the record who you are. MR. MOLENAAR: Sure. CHAIRWOMAN HILLER: And what you do. MR. MOLENAAR: Good afternoon, Commissioners. My name is James Molenaar, and I'm a prosecutor here in Naples, Florida. I work for the State of Florida, but I also work with the Collier County Economic Crimes Unit, which is a combination of state attorneys, other investigators, and the Collier County Sheriffs Office. I was simply here as a spectator today, but you've asked me to address, so I've got a little bit of authorization. I'm sure you're going to be asking me about the presentation Mr. Brock did. While I'm not a spokesman for the Sheriffs Office or the Page 162 February 26, 2013 State Attorney's Office, I can confirm that there is an ongoing criminal investigation regarding the allegations Mr. Brock has brought forward. Detective Keith Higgans is the investigator with the Collier County Sheriffs Office who's heading up the criminal aspect and the law enforcement aspects of that. CHAIRWOMAN HILLER: Thank you. I appreciate it. COMMISSIONER HENNING: Madam Chair, the request is to accept the audit report, and I'll do -- make that motion to do so, but I want to digest this, and I might have questions or may put something on the agenda in the future. MR. BROCK: Commissioners, actually, I don't require you -- or there's no necessity that you accept it. COMMISSIONER HENNING: Oh, okay. My mistake. MR. BROCK: That's fine. You may accept it if you want to or reject it if you want to, but you've got it, and it becomes public upon my presentation to the board. CHAIRWOMAN HILLER: And you will be putting this on your website for the citizens of the community to read? MR. BROCK: That is correct. CHAIRWOMAN HILLER: Thank you. And what is that website? MR. BROCK: www.collierclerk.com. CHAIRWOMAN HILLER: Thank you. MR. BROCK: Go into the finance section, and you will -- find the auditing, and you will find the auditing reports. CHAIRWOMAN HILLER: We have one more audit to address. We're going to take a 10-minute break for the court reporter, and then afterward I'll open up discussion for the board to address their concerns about what we're hearing today. We do have a 3 o'clock time-certain, which will be delayed since this is 2 o'clock time-certain is ongoing. We'll recess now and return at 3:21 . Page 163 February 26, 2013 (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seat. Madam Chairwoman, you have a live mic. CHAIRWOMAN HILLER: Thank you. We're back in session. MR. OCHS: Commissioner, I believe we have one final internal audit report from the clerk. CHAIRWOMAN HILLER: We do. And just for the benefit of those who have joined us, we're continuing our 2 o'clock time-certain, which is the presentation of three audits by the Clerk of Courts. We're currently on the last of the three audits. And once this segment is concluded, then the time-certain related to the tourist development budget amendments will be coming forward. Clerk? Item #13C PRESENTATION BY THE CLERK OF THE CIRCUIT COURT REGARDING AUDIT REPORT 2012-8, PARKS & RECREATION IMMOKALEE SPORT COMPLEX: CASH COUNTS: 2011 FISCAL YEAR END AND 2012 FOLLOW-UP — PRESENTED MR. BROCK: The next and final audit I have to present today is another audit of the Immokalee Sports Complex, but it is cash accounts. In 2011 we went out and did an audit of a lot of various and sundry cash locations and found a lot of different things that we reported. And this was, in fact, a follow-up audit that occurred relatively -- or started relatively shortly after the original audit was completed, and the results were published to see whether or not they were making the corrections necessary. You know, as you look at an imprest cash fund, I mean, it's basically the cash drawers. You know, the drawer where you make Page 164 February 26, 2013 small payments for things associated with the operation of the office. You've got a very small cash box. And what you do is when you take cash out, you put in a receipt. When the box needs replenishing, in theory, the receipts are then given to the accounting department; the accounting department records the receipts and replenishes the cash box. One of the things that is absolutely critical in that process is the segregation of duties and the control of individuals who have access to that particular cash box so that you know who it is, you know what's going on, and everything can be tracked so that if someone does walk off with it, we know why. One of the things that we found was that the certificate and request of imprest forms have not been updated. That means that the imprest forms indicating who has access to the cash drawer had not been updated and that when we sent out the certificate to identify the people that had access to that, they were not being sent back. Okay. The annual confirmation was what was not being sent back with regard to the certificate. The cash logs didn't seem to be controlled. One of the things that we discovered was there was a -- not a key for locker fee revenues, so they were just posting it to pool pass revenue. Manual keys were being used to open the cash drawer as opposed to, you know, only opening the cash drawers when you have a sale, or if there is a no-sale, you use a no-sale, and there would be no cash exchanged. But if you use the manual key, you have no control over when the money goes in or what it goes out for. Deposits have not been made in accordance with the county's policy. Now, you know, this one is a biggy. Okay. This was what was happening up in North Naples. When the individual walked off with the taxpayers' money in North Naples, what was transpiring was the revenue would come into the office, and as opposed to, on a daily basis as they should be doing, it would get deposited into the bank, it Page 165 February 26, 2013 was being put in a box under the supervisor's desk, and the supervisor, you know, when he needed a little for whatever it was that he was doing, he took a little of it, thinking that, well, you know, I will make it up tomorrow, and it ended up costing the taxpayers and him; him a criminal record and taxpayers money. That is a result of not making the deposits on a daily basis. Now, we understand that there are some problems associated with doing that, but one has to make the decision as to whether or not -- now, this is in Immokalee, folks. And, you know, we don't have a bank in Immokalee, but I have a courier that -- actually, I no longer have the courier since my budget was cut. Larry Ray has the courier that goes out there to that facility every day. So, you know, they could, in fact, transport money. They transport money from my satellite in for me to make deposits, so they could do that without any difficulty whatsoever. They are now, and I'm fixing to make a comment that I neglected to make with regard to the parks and rec staff, but I'll make it in the end of this one since both of these relate to parks and rec. Parks and recreation staff were unable to locate an entire manual calculator (sic). CHAIRWOMAN HILLER: Cash drawer. MR. BROCK: Cash register, not calculator. Cash register. But, you know, the important thing about that is that cash register has control data in it, and we can't find it, so it was written off. I find it very difficult -- and, you know, the thing that concerns us about that is it has data stored in there; if we had been able to have acquired the register, we would have been able to gone in and acquired the underlying data as to what went into it. Well, it was completely missing. The conclusions are, basically, the Clerk's Office needs to work with Leo and his staff, and they need to work with us to try to shore up these policies. One of the things that we have experienced with Barry, Page 166 February 26, 2013 specifically, and with all of parks and rec staff, as we have been going through this process, is that even though their responses in many instances, we thought, tried to reduce the concerns for what was taking place, that they finally realized that these are issues that we all need to deal with -- We're working with staff very well, and I would like to express my appreciation to all of the parks and rec staff and all of the staff and human resources for the way that they handled themselves as we went through this process and worked with us and understood that, you know, we all have some work we have to do to clean up. As I said, you know, there was actually an instance my finance staff should have caught an overtime -- it was a payroll that came in over 40 hours, which we should have, in fact, caught, and we found three of them, which would have meant that everything over 40 hours should have been not paid as regular time but paid as overtime. That was a consequence of us removing an internal control that, due to limited resources, we were incapable as we -- they thought of doing it. We have now put that back in place regardless of the limitation of resources. So, you know, we're not without fault and blame either. You know, none of us are perfect, ladies and gentlemen. Best we can all do is try to work together and make things more businesslike and more safe for the taxpayers' money. CHAIRWOMAN HILLER: Thank you. MR. BROCK: And I thank you, and I am here for any questions that you may have. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Did the board write off the cash register? Did it come to the board? MS. GAILLARD: Yes. COMMISSIONER HENNING: We did; we did write it off? Okay. Thank you. Page 167 February 26, 2013 MR. BROCK: After the fact. COMMISSIONER HENNING: I know. Can you detect when -- how far this has gone back, how long this has been going on? MR. BROCK: I have the auditor that actually did the fieldwork, so let's ask her. Megan, how far back did the data we looked at -- MS. GAILLARD: Regarding payroll? COMMISSIONER HENNING: Just in general. Can you go back. Well, payroll -- MR. BROCK: Cash. When did you do the cash? MS. GAILLARD: The cash audit was originally done in 2011 at fiscal year end, and then the follow-up was completed in May 2012. The payroll audit, we went back to August 2009. COMMISSIONER HENNING: Okay. Let's just deal with the cash issue. Have you determined that this was a normal procedure going back a number of years or any indication that it was happening? MS. GAILLARD: It's not limited to this location. COMMISSIONER HENNING: It's not limited. And it could have been going on for 20 years. MR. BROCK: Well, you obviously had -- you obviously had internal control weaknesses of a very similar nature associated with the North Naples water park facility, because that's where the theft of the revenue occurred. COMMISSIONER HENNING: So I guess what I'm -- the policy has been going on for quite a while that didn't have the controls on the -- on the petty cash issue. If there were controls or was control, then it wouldn't have been an issue. MS. GAILLARD: In theory. There will still be mistakes along the way. COMMISSIONER HENNING: Right. Now, what about the payroll? Any indication on the payroll how long that's been going on or any -- Page 168 February 26, 2013 MR. BROCK: We only went back two-and-a-half years, so we can't speak beyond that. COMMISSIONER HENNING: Okay. And I guess a criminal investigation may reveal how long that's been going on? MR. BROCK: Well, I guess that will all depend on what the criminal investigation does. COMMISSIONER HENNING: Right. MR. BROCK: You know, Commissioners, let me -- I'm stepping way out of my normal domain, but let me make a suggestion to you. You know, you've got an employee who's basically confessed to taking money. With all of the problems that we found, all of the deficiencies that we discovered, if the State Attorney's Office is able to establish a clear-cut value greater or beyond that created by the confession, I'm going to be the most amazed person in town. I did this too long to not realize that these types of problems and deficiencies create major proof problems for a prosecutor that I actually used to do as the white collar crime prosecutor. So, you know, let me tell you, this creates problems in ever bringing the people to justice for the true amount that you're dealing with. I mean, it's just a fact of life. It's true in every business that you deal with when you have these types of deficiencies. The internal controls are designed there to create the ability to move who it is that did it and what they did. For example, if we had the cash register and we had the controls on the cash register to know who had been there and done it, you know, then you might be able to establish that, but that's the problems that you run into. And don't mistake that this was just the imprest funds, petty cash fund. This was also a revenue review also. So we were looking at the cash from both petty cash fund side and from the revenue side. But the one thing I hope and I think is, in fact, taking place is the recognition that somebody's going to be there looking. And if somebody's going to be there looking, maybe we need to clean up our Page 169 February 26, 2013 act. And I'm not saying that from a management standpoint. I'm saying that from the employee standpoint. You know, if you know somebody is watching what you're doing, the chances are probably much less that you're going to be playing games. That's the benefit of having the auditor standing there going in and looking at it. And with that, I will answer any questions; other than that, I will close. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. Thank you, Mr. Brock, for going through it. I will confine my comments to the manual pay card portion of your auditing. And I can tell you that what Mr. Brock has illustrated and described to you is what you are going to experience continuously when you have manual pay cards, small amounts of employees, areas where you have employees that are in charge of doing multiple things and running around in a circle. It's not surprising to me. I'm not telling you that what you don't have is you don't have some theft going on, but what I will tell you is you have a great deal of mis-entries, people backing into the numbers of hours they work, people mis-adding, people going through and stuff like that. This is what happens with manual pay cards. At some point something that ought to be looked at is a very modest automated system, a timekeeping. I think it would save a lot of people a lot of money. There's a lot -- you know, you're going to have to evaluate where you can make the most use of them. Where you have a reasonable number of employees, of course, is where you're going to get the greatest benefit. Some of your outlying areas, it's going to be very hard for you to do that, and you're going to have to rely upon better performance from your first-line supervisors. But, you know, easing into some of that is going to pay you benefits immediately. Just in the time spent tracking Page 170 February 26, 2013 it down, you're going to have a lot better information. And, certainly, the pot at the end of the rainbow is if you ever get a complaint to the Department of Labor, and the Department of Labor comes in and finds you in that sort of a circumstance, I can tell you you're going to wish you were dead. I mean, they're just, you know -- you know what happens when the department -- somebody alleges that they're getting improperly paid, they weren't paid properly or they worked overtime that they didn't get compensated for or something like that, and they find a bunch of irregularities, this is just a place that we certainly don't ever want to find ourselves, and those sorts of automated things can keep us out of trouble. So I would just say, just take a look at what's out there and available. Small systems may pay big benefits to us in the end. MR. BROCK: May I respond? COMMISSIONER NANCE: Yes, sir. MR. BROCK: Okay. The purpose for having the dual control -- I mean, you didn't have one person -- we all are human; we're going to make errors, okay. This system is designed to have not one -- you know, the time card should be looked at and signed by the employee, then you've got a second person that is signing off verifying that the employee was there, that everything is good, and everything is kosher, then you've got a third employee that's supposed to be doing that, and then you've got a fourth employee who is supposed to be doing that. So the internal controls are there to solve the problems that you just identified. They were just blown away. COMMISSIONER NANCE: Right. Without a doubt. But I mean, when you look at -- MR. BROCK: I've got -- COMMISSIONER NANCE: Yes, sir. MR. BROCK: -- what, 196 employees. And I will be willing to bet you that I don't have that type of a problem. COMMISSIONER NANCE: I wouldn't challenge you in that. Page 171 February 26, 2013 But if you have a company ID, and you swipe it through a machine -- MR. BROCK: You've got it. You solved the problem. COMMISSIONER NANCE: But they have quadruple redundancy. MR. BROCK: You've got it. COMMISSIONER NANCE: You're done. CHAIRWOMAN HILLER: I'd like to go ahead and conclude this discussion by making a summary remark. We, as the board, have to ensure that management does what's necessary to safeguard the public's assets as well as the public's records. And, obviously, what you've identified here today has resulted in a loss of both due to a combination of negligence and/or fraud. So I think your very last slide is the most important one, and that is it's very clear that the collective process, the process of having the Clerk's Office work with the County Manager's Office to address these problems and to bring back proposed solutions to the board for the board to direct as a matter of policy, is the correct approach. I would like to give -- and I think the board as a whole would like to give the county manager the opportunity to respond and, having worked with you, bring back recommendations that we can then adopt and fund to stop all of this from going on. Is that agreeable to you, County Manager? MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: Clerk? MR. BROCK: We don't have a problem working with Leo and the staff at all. I mean -- CHAIRWOMAN HILLER: No. We appreciate it, and we thank you for bringing this to our attention. You know, clearly the lack supervisor controls, the lack of segregation of functions -- you know, it goes on and on and on. So with that, I'd like to conclude this segment of the agenda and Page 172 February 26, 2013 ask that the county manager, working with the Clerk, bring this back, say, not in the first meeting in March but at the second meeting in March so you have a month to put a summary together for us. MR. BROCK: We will work with him at his convenience. MR. OCHS: Thank you, Dwight. MR. BROCK: Let us know when. CHAIRWOMAN HILLER: Is that acceptable to the board? MR. BROCK: My staff are at his disposal. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: It's okay with me. I just want to add something. Now, this is the kind of audit I like. It's very specific, it provides data, you can draw conclusions from it. It's very, very helpful. It doesn't raise questions and insinuations. It is very specific, and it's very good. And I am concerned, however, that although staff says they have implemented or taken corrective actions, I think it would be beneficial to us if we had somebody take a look at that, at the corrective actions they've implemented, to make sure it is sufficient. CHAIRWOMAN HILLER: You're right. MR. BROCK: I can assure you, we'll be back. COMMISSIONER COYLE: Okay. CHAIRWOMAN HILLER: No, no. COMMISSIONER COYLE: But, I mean, can we do that -- CHAIRWOMAN HILLER: Commissioner Coyle is right. COMMISSIONER COYLE: -- in a reasonably short period of time? CHAIRWOMAN HILLER: Right. And Commissioner Coyle is right. I mean, coming forward and telling us these are the issues and then staff saying we're implementing corrective actions and you not following up to ensure that those corrective actions are, in fact, in place and working as intended is problematic. So I agree with you, Commissioner Coyle. Page 173 February 26, 2013 MR. BROCK: Commissioner, 2008 is exactly that. CHAIRWOMAN HILLER: Okay. MR. BROCK: We will do the same thing with the Immokalee Sports Complex and Immokalee Community Center. We will follow up with payroll, and we will do it -- because of all of the deficiencies that we found, we will do that in relative rapid fashion, you know. COMMISSIONER COYLE: Well, if I could just make one other comment. Most of this seems to have occurred in Immokalee and North Naples, and that indicates to me that Commissioner Hiller and Commissioner Nance have some real serious problems in their district, because I never tolerate this kind of conduct in my district. MR. BROCK: I agree with you, Commissioner Coyle. COMMISSIONER COYLE: Now, you're going to show up in East Naples next time, aren't you? MR. BROCK: Thank you all very much. I appreciate being here. CHAIRWOMAN HILLER: Thank you. I'm left speechless; what can I say? Never happened to me before, but congratulations. MR. OCHS: Madam Chair, would you like to move on to your 3 p.m. time-certain? CHAIRWOMAN HILLER: Yes, please. Item #11B RECOMMENDATION TO APPROVE THE PROPOSED REALLOCATION OF CURRENT TOURIST DEVELOPMENT TAX FUNDING TO INCREASE DESTINATION MARKETING EFFORTS AND ANNUAL ACCUMULATION OF RESERVES FOR MAJOR BEACH RENOURISHMENT, SOLICIT RECOMMENDATIONS FROM STAKEHOLDER GROUPS PRIOR TO THE BOARD'S CONSIDERATION OF AN ORDINANCE AND/OR POLICY CHANGES, AND AUTHORIZE Page 174 February 26, 2013 STAFF TO DRAFT DOCUMENTS FOR BOARD APPROVAL TO IMPLEMENT SAID CHANGES — APPROVED STAFF RECOMMENDATIONS MR. OCHS: That is Item 11B on your agenda this afternoon. It's a recommendation to approve the proposed reallocation of current tourist development tax funding to increase destination marketing efforts and the annual accumulation of reserves from major beach renourishment to solicit recommendations from stakeholder groups prior to the board's consideration of ordinance or policy changes, and to authorize staff to draft documents for board approval to implement said changes. Mr. Wert, your tourism director, will present on behalf of staff. MR. MILLER: Madam Chair, you have 11 registered public speakers for this item. MR. OCHS: Go ahead, Jack. MR. WERT: Good afternoon, Madam Chairwoman and Commissioners. Thank you for the opportunity of presenting this item. Just a brief amount of history, and then I'll either -- I do have a PowerPoint presentation that's short but, I think, to the point of what we're trying to discuss with you today and then, of course, answer questions. Short history is this process really began two years ago. Commissioner Hiller did appoint a subcommittee of the Tourist Development Council, and we met 10 different times to discuss a variety of different ways that we could come up with a long-term solution to identifying more funding for destination marketing. As most you have heard over the last few years, we definitely are behind a number of our competing destinations for actually the same visitors. We simply do not have the marketing funds to market our destination as effectively as we could, as robustly as we could Page 175 February 26, 2013 throughout the year. So that committee came up with 11 different recommendations. Those were brought, then, to the Tourist Development Council, and their recommendation was take these 11 out and meet with the various tourism stakeholder groups throughout the community, get their input, and then come back to us and then eventually to the County Commission. We have been through all of those steps now. I did those meetings. I have a slide in the presentation that shows you what those stakeholder groups indicated in terms of those 11 recommendations. After I brought all that back, we had some meetings. And this was actually part of the recommendations from the TDC to review all of those recommendations and the input with the county manager and the county budget office, and were there some additional things we might do or were those sufficient. And, in fact, the county manager was very proactive in this process and really helped us look at those 11 and see if there were some additional ways we could do it. And I think we have now come up with a plan that we would like you to look at today that has been back to the Tourist Development Council. They have reviewed it and recommended it unanimously. So what -- if it's all right with all of you, I'd like to walk through those slides. Our overall purpose is kind of three-fold. Initially we started out with finding more dollars for destination marketing, at least being able to have a message out in the marketplace that's consistent throughout the year. But in the process we also identified -- and this came directly from the stakeholder groups -- that we needed more dollars for beach renourishment as well. That is our product. We have certainly been through the discussion about perhaps we are not going to have enough dollars for this next major beach renourishment. How can we put more dollars aside to make sure we can do an adequate job. Page 176 February 26, 2013 Part of this whole procedure and what we want to talk about today is taking some dollars actually from each of the sources of revenue and moving them around a little bit so that everybody kind of participates in both getting some more dollars for destination marketing and getting some more dollars for beach renourishment for those long-term major renourishment projects. So the next part of this is that we added a new, kind of, wrinkle to this, and that was that perhaps if we run short in a particular year of funds that we need, perhaps the General Fund could step up and help county museums, help the beach park facilities' capital projects, perhaps even the disaster recovery advertising fund, which is also taking a reduction in this program. And so, finally, yeah, we want you to look at these recommendations and give us some direction as to ordinance changes possibly, board policy changes. Just a quick review. Tourism, as all of you know, is one of our very important economic drivers here in Collier County. The visitor industry supports 32,300 jobs in our community. Very proud of the return on investment that we've been able to do. For every dollar we invest in marketing this destination, we can see direct visitor spending of over $40, nearly $41 for every dollar we invest. That's from people who responded to the advertising, later came and indicated they had been influenced by that advertising, came to the destination, and this was a result of how much money they spent, what they did, and so forth. The rest of them -- you've seen some of these figures already about economic impact, a $1.4 billion infusion of capital into our community. Nearly $92 million in sales tax and gasoline tax comes directly from visitors' spending, and probably the most important of all is that our citizens save dollars in terms of their taxes every year. In 2012, $690 because we had people in -- putting their dollars here and businesses in the county. Page 177 February 26, 2013 And I think we all know that many of us came here as visitors first; many of our business owners the same. They were attracted here as a visitor for a vacation or a group meeting and ended up dropping some roots here and became residents as well. What was really gratifying, Commissioners, about this whole process was we really did come to a consensus throughout the community. The Tourist Development Council, county staff, the Collier hospitality and tourism industry, and you see a number of them around the room here, our lodging association, our sports commission is all here supporting what we do. They are all in agreement that we need more dollars to market this destination, more year round, and we do need to find some ways to add to the beach renourishment funds. This slide, very quickly, shows what I learned when I went out to all of the different stakeholder groups. The left-hand column are all the 11 different ideas that the -- first of all, the subcommittee, and then that the Tourist Development Council recommended that I take out and review. And you can see what those recommendations were. I talked to the Lodging Association, the Coastal Advisory Committee, Parks and Rec Advisory Board, Friends of the Museums, the Chambers in Naples, Marco Island, and the Everglades, all three of those, plus the Collier Community Alliance, that citizen's group. So overall, all but to reduce beach park facilities capital projects was supported. And I'd just point out, the last one in the left-hand column, the increase in the tourist tax was not a recommendation. It was simply brought up in a number of those stakeholder groups. And I just wanted to report to everyone what that outcome was. It clearly was not supported and, therefore, is not a part of the recommendations at all that we are bringing forth. So let me go through these recommendations. The first is -- and I mentioned our disaster advertising fund. We are currently -- have a floor in that fund of a million dollars, and we use those dollars for, really, response after a hurricane. We certainly used them after the oil Page 178 February 26, 2013 spill the summer of 2010. And those funds we call on occasionally that we need. We are suggesting through this staff proposal that we reduce that from a million dollars to 500,000, and use 500,000 -- and I'll show you how all that -- all this gets split up here in a minute. Reducing the tourist development tax funding to the county-owned museum operations by $200,000 per year, but we are suggesting that those $200,000 in tourist tax dollars be replenished through a combination of things; applying for state and federal grants, at least suggesting that, perhaps, some special events; maybe for visitors there is an admission charge. Not for county residents, but for visitors. And then to periodically, through the year, come up with some fundraising events maybe as a part of those special events, or just a basic fundraising event, like many of our non -- not-for-profit non-county owned museums are doing. In addition to that, we are suggesting that the Beach Park Facilities Capital Fund -- and this is only capital projects for the beach year. This is not maintenance. This is -- those -- all that is taken care of We aren't touching that. These are capital projects. These are dollars that do not have a project tied to them. And we're suggesting that 1 .75 million be taken out per year from that fund. I will tell you that right now that fund has about $8 million in it, and we do not have that many projects to spend all of those dollars. So we're suggesting that allocation come from there. I mentioned the general fund participation, and that really is only being suggested as a backstop. Let's -- we think that additional destination marketing is going to produce enough additional tourist tax revenue that all of the funds are going to benefit and they are, in fact, going to have dollars to support their operations in the case of the museums, the beach park facilities capital projects, and so forth. This slide just kind of shows the current allocation. That is in the center column. That's what -- each of the funds. Category A, being Page 179 February 26, 2013 for all of the beach and beach park facilities funds; Category B is our promotion fund, our administration funds, and that disaster recovery fund; and then Category Cl are the county museums; C2 are the non- county owned museums. The staff recommendation for changes to those funds is in the third column, and you can see what -- what those movements are. In the first line you see the 1 .75 million from beach park facilities capital projects. Five hundred thousand of that would go back to funding the long-term beach renourishment. So currently, there's -- by policy we're putting $2 million into that fund each year. This would put an additional 500,000 into that ongoing allocation for future beach renourishment. The -- you can see now Cl, all the way over, there's the 200,000 coming out of that fund, and the next slide really shows how we end up. You can see beach park facilities fund. That's -- in parentheses, that's the one seven -- 1,750,000 coming out. The promotion fund overall gains $1 .9 million. That is not quite where we wanted to get with all of the discussion. We talked about trying to get to about 2 million more in promotion dollars, but we're very close with this proposal. Beach renourishment gets an additional 500,000, and the county museum operations overall, a decrease of 200,000. So the recommendation we are bringing before you today is to approve this reallocation plan that staff is bringing forward to increase destination marketing, also increase that annual accumulation and reserves for beach renourishment. We would certainly request that -- and suggest, if you'd like, we're happy to take these recommendations back to the stakeholder groups, although they really do reflect what the stakeholder groups have already said and supported. And, finally, if you approve this, we're asking for the authorization for staff to begin to draft the documents that we will Page 180 February 26, 2013 need to bring back to the board again if you're interested in entertaining the idea of some ordinance changes or board policy changes. Thank you. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Thank you so much. Last -- the last time we discussed the subject, my concern, my biggest concern was I was worried about the museums. And at that time they were going to reduce it every year for five years until there was no money going to the museum. And I made appointments with -- or other people made appointments with me. Let me just say friends from the hotels made appointments with me, and even a friend from the Marco chamber. And the first one that came in told me that Leo Ochs had come up with another plan, a great compromise, which they could all accept and could live with. And he said -- and then I have a guy over -- I won't point him out, but anyway he's on my Islands Advisory Committee. I just won't mention who. He's another hotelier. And he verified strongly that they really agreed with that, and they wanted to move forward. Well, as far as I was concerned, I thought it was a great compromise plan, and so I wholeheartedly support it, and so I want to make a motion to increase destination marketing efforts and the annual accumulation of reserves for major beach renourishment and to solicit recommendations from stakeholder groups prior to the board's consideration of ordinances or policies and to let's move forward. Let me see, what do you say? Authorize staff to draft documents for board approval to implement ordinance or board policy changes. (Applause.) MR. WERT: Thank you, Commissioner. CHAIRWOMAN HILLER: And I'm going to go ahead and second that. Page 181 February 26, 2013 MR. WERT: Thank you, thank you. COMMISSIONER HENNING: Jack, I have a question. MR. WERT: Yes, sir. CHAIRWOMAN HILLER: We have given you increased monies over and over each year. MR. WERT: True. COMMISSIONER HENNING: Do you have any stats of what that has done? MR. WERT: Yes, sir, I do. And let me pull this down here for a moment and go to my -- where is my other -- this slide, Commissioner, kind of recaps what -- the last couple of times we came to the board and requested additional funds. In 2009 you may recall we came to the board. That was really in the depth of that economic crisis that was truly hitting the world. We asked for some help, and at that time the board approved a one-million-dollar infusion to the Marketing Fund from the beach renourishment -- the Long-term Beach Renourishment Fund and the Emergency Renourishment Fund. That year we were able to return 600,000 of that million in additional tourist tax dollars above the year before. That was a pretty serious time that the economy was really in the tank. So we are, were able to definitely produce some good results there. The next year certainly the crisis in the economy continued. We also had the situation, you will recall, in the summer of 2010, the oil spill in the Gulf of Mexico, so we really needed some additional funds. So the board, again, did approve -- in that case it was a million dollars from the Beach Park Facilities Capital Fund. That year we were able to return an additional 500,000 in tourist tax revenue. We probably could have done a lot better, but we actually lost 200,000 that we should have gotten in tourist tax because of the oil spill, and we are able to document that; you may recall, that's part of the claim that we have into BP right now to try to recover some of that. Page 182 February 26, 2013 We -- so those are -- the last two times we were able to get additional dollars, that's what we were able to do with it. COMMISSIONER HENNING: Is there any way to substantiate increased sales tax due to added visitors? MR. WERT: Yes. I don't have that, but every year sales tax -- it goes up as the tourist tax does, because they're collected together. COMMISSIONER HENNING: Well, our finance director has -- MR. WERT: I'm sure they could do that -- MR. OCHS: Jack, Mark is here. COMMISSIONER HENNING: -- has some numbers. MR. WERT: Okay. Mark? MR. ISACKSON: I can give you some anecdotal, but I don't have any graphs or anything like that for you, Commissioner. But in your budget policy, I can't quote the page number, but we've had some increases in sales tax revenue over the past three years. It's, in my view, directly related to visitation numbers to the destination. So, I mean, we could graph that out and probably give you some more quantifiable information. But just based on my anecdotal knowledge, I think we can confirm that pretty easily. COMMISSIONER HENNING: Any kind of numbers? Obviously, the last two prior -- actually, three prior years, we were still in a recession. MR. ISACKSON: That's correct. COMMISSIONER HENNING: And our revenues were coming in more -- or our tax shared revenues. MR. ISACKSON: We could graph side-by-side visitation increases versus increases in sales tax revenues, and I'll bet you that that's a pretty good leading indicator, frankly, about how our sales tax is going to fare. If our visitation starts dropping off, I'll bet you dime to a dollar that you're going to see some decreases in sales tax. CHAIRWOMAN HILLER: Absolutely. COMMISSIONER HENNING: Okay. So we'll have some Page 183 February 26, 2013 numbers to correlate when the dollars went in to -- MR. ISACKSON: We can pretty easily graph that for you and get that out to you, Commissioner. COMMISSIONER HENNING: Now, that doesn't include the municipalities who receive shared revenue; is that correct? MR. ISACKSON: That would just be our revenue take from the state. COMMISSIONER HENNING: Well, I would like a look at what's happening down on Marco. You know, we have one hotel down there that takes the lion's share -- well, they take a third. They actually take a third of visitation or tourist tax collection. And so does the city municipality. Would you coordinate with those? MR. ISACKSON: Well, we could work with the city and their finance staff and come up with a similar analysis that we'll provide to the board. Sure. COMMISSIONER HENNING: Okay. And you could bring that back when the ordinance comes back? I'm very supportive of the motion. CHAIRWOMAN HILLER: I'd like to -- oh, Commissioner Coyle. I was going to make a few comments, but go ahead. COMMISSIONER COYLE: Okay. You know, I would like to be reassured that there is a good marketing program which will take this additional funding and target it to the markets and the months of the year that will achieve the greatest improvement in occupancy -- MR. WERT: Okay. COMMISSIONER COYLE: -- here in Collier County. Now, certainly you have a lot of that already done, and I want to feel more comfortable -- MR. WERT: Okay. COMMISSIONER COYLE: -- that you have -- you're going to be able to refine it to use as additional money in a way that produces the biggest bang for the buck. Page 184 February 26, 2013 MR. WERT: Okay. COMMISSIONER COYLE: And so if you have something now, show it to us. MR. WERT: I do. I have at least a preliminary plan, Commissioner, of-- and I used the fall as the start of this, because by the time we get through the process of changing the ordinance and so forth, the dollars probably won't be available till the new fiscal year. But, for instance, putting some dollars into Florida late this fall in November, we've been very successful with beginning to prime the pump and get some year-end visitation, something that normally we don't have the funds to do. So you see some cable television and some online suggestions there. Then we -- right at the first of the year we implement our northern campaign. Now, we do this as a matter of course. But with some additional dollars, we can really, really get much better frequency than we're able to do currently. So you see cable television in New York, New Jersey area, Chicago. Philadelphia and Cleveland are really kind of new markets that we would be able to do with the additional money. The transit in New York, very important. And in Chicago, we're really getting some great feedback and visitors now from digital boards we've got on the expressways up there showing real time temperature; 20 degrees in Chicago when it's 75 in Naples. And we are getting good responses from that. COMMISSIONER COYLE: Well, let me stop you there. MR. WERT: Yes, sir. COMMISSIONER COYLE: You, clearly, already do a lot of advertising in February and March. MR. WERT: We do. COMMISSIONER COYLE: And that's the point of time in the year when you have the highest occupancy rates of the hotels here. MR. WERT: Right. Page 185 February 26, 2013 COMMISSIONER COYLE: How much improvement in occupancy rates do you achieve per dollar of advertising investment if you do it during February and March when the occupancy rates are already pretty high? So I'm wondering -- I don't know. I'm just wondering, if you're going to get some additional money, you're getting high occupancy rates in February and March, if you have additional money, why not concentrate on December and January? I mean, does that make sense? MR. WERT: I think you're right. One of the things that we have been working on for the last couple of years is, if we can get an increase in occupancy of, let's say, just one percent in February and March, because the rates are higher, we're going to have a much bigger influx of tourist development tax then than if I get -- well, a 1 percent in the summer, but even a 3 percent in the summer, you're going to get a much bigger bang for your buck. So we see more dollars in first and second quarter really paying off for us, and there's a residual. Then people do travel in the summer if they don't travel in the winter. It just primes the pumps for the summer months. COMMISSIONER COYLE: But the corollary of that is that as the occupancy rate goes up, you have to spend more and more money in order to get a very, very small increase in occupancy. I mean, there is a point of diminishing returns. MR. WERT: At that time of year, yes. COMMISSIONER COYLE: If you had 99 percent occupancy, I wouldn't advise spending any more money. MR. WERT: I understand, but we're at 68 for the year. COMMISSIONER COYLE: Now, that's average for the year. MR. WERT: Well, sure. COMMISSIONER COYLE: That's not February and March. So I just want you to be aware of the need to target the use of this money so that you get the biggest bang for the buck. Page 186 February 26, 2013 MR. WERT: And I understand, Commissioner, and we certainly will do that. CHAIRWOMAN HILLER: And Commissioner Coyle is right. We brought that out in the subcommittee -- MR. WERT: We did. CHAIRWOMAN HILLER: -- and discussed that very issue and actually brought up exactly what he's bringing up now, and there was consensus that it is essential that we, you know, look to optimize, not only in terms of the time of year we market, but where we market during those times of year. Commissioner Nance? COMMISSIONER NANCE: Yes. I want to -- I want to start by saying that I am -- I am supportive in moving more TDC money into promotion. But what I want to do is I want to talk about a couple other things that I'm a little uncomfortable with. We're talking -- we have two items in the tourist development program that are administrative things, and that is, No. 1 is the museums, which we're talking about shifting funding from tourist development tax funds to the General Fund or other items, and the second is the administration of the TDC promotion program, which is your agency. It shows your operating budget here as a percentage of the allocation. How is it that you are operating administration under an ever-increasing, or so you propose, allocation of the amount of money used for promotion? MR. WERT: There are actually two different funds, Commissioner. And let me -- if I can find that slide, I will. Fund 194 is the -- is our administration fund. It -- and let's see if I've got it there. All right. Here's -- let me get that a little bigger here. Fund 184 is strictly advertising and promotion. All of our operating funds come out of 194. Now, both are part of the Category B. They're in different percentages of the tourist tax as well. The 184 is totally supported by Page 187 February 26, 2013 the fourth percent of tax. The Fund 194, which is our administration fund, is only -- that is only for -- that -- out of the first 2 percent of tax. It's a percent -- 23.236 percent of the first two. So they are separated, and we try to do that so that we can -- although it's all Category B, we are not increasing the 194. We're only increasing 184. COMMISSIONER NANCE: So what is the TDC administrative sweep? What money is that? What is that coming from? MR. WERT: Let's see what I'm -- oh, the interest? Is that what you're talking about? CHAIRWOMAN HILLER: No, the one above that. COMMISSIONER NANCE: The TDC administrative sweep, $250,000. MR. WERT: Oh, okay. By ordinance right now the -- that Fund 194 doesn't have any carry forward, doesn't have any reserves in it. By ordinance, anything that's in excess of the final revenue and expenses in that fund at the end of the fiscal year is swept out, and it goes to 184 for marketing and promotion. COMMISSIONER NANCE: So you're telling me that, indeed, your TDC administration 194 is a fixed budget and not actually a percentage, although it's listed as a percentage here because of the ordinance; is that what you're telling me? MR. WERT: By ordinance, but yes. And our administration cost in the ordinance is capped at 32 percent of the total of Category B. So we do have a ceiling that we cannot exceed without an ordinance change. COMMISSIONER NANCE: But, I mean, on a year-to-year basis, you don't have a fixed budget? MR. OCHS: Yes, sir. MR. WERT: Oh, yes, absolutely, we do. It is absolutely -- that is part of the budget process, and we try to always stay within budget guidelines on our administration side, and we never really have in- -- Page 188 February 26, 2013 gone over about 20 percent of our Category B funding for the next year related to hurricanes. COMMISSIONER NANCE: Okay, because that's my concern. My concern is that the administration ought to be a fixed accountable budget and, really, the county museums ought to have an amount of money that they can count on that they're working to. It shouldn't be a floating amount of money that's unknown or excessively rising. I mean, we're all hoping for a performance. What I'm trying to say is, I'm very supportive of you, but I don't want to see you building your agency of government that our fixed costs are continuously rising. And I say that because I notice in the companion item, which is 11C, you're suggesting to add another $250,000 in tourist development staff which, indeed, is going to increase -- MR. WERT: There it will, yes. COMMISSIONER NANCE: -- this amount of money that we're supplying you for your administrative function. MR. WERT: And we can talk about that in the companion item or now, Madam Chairman, whatever you prefer. CHAIRWOMAN HILLER: What's your preference? We can address it at the same time -- or all right. Let's keep it segregated. MR. OCHS: Yeah, I'd like to keep it separate. CHAIRWOMAN HILLER: I mean, I would -- I think it's probably preferable. COMMISSIONER NANCE: Let's keep it segregated, yeah. CHAIRWOMAN HILLER: Can I clarify? You keep referring to fixed. It isn't fixed. It's actually a variable, and it's a variable budget in that it is a percentage of the total revenues. So your desire to see the administration fixed at a certain dollar level is not what's happening. If the TDC revenues go up, since is it a percentage of those revenues, that administrative -- COMMISSIONER NANCE: I understand. My question is why. Page 189 February 26, 2013 CHAIRWOMAN HILLER: Right. And that administrative budget will go up as well, meaning it's a variable budget, not a fixed. COMMISSIONER NANCE: Right, that's right. CHAIRWOMAN HILLER: Right. So -- and that is -- yeah, and your question is absolutely right. COMMISSIONER NANCE: My question is why does that occur. We should know what our administration cost is regardless of what our pool of promotional money is. I would think that we should be adding to promotional money and making you more efficient on an administrative percentage basis of the total money you administer. MR. WERT: And if I -- CHAIRWOMAN HILLER: In other words, as the -- just to recap -- I want to make sure that we're all on the same page -- that as the dollars, as the TDC dollars goes up, we should see a proportionate decrease because we don't need more staffing merely because we're doing more advertising. COMMISSIONER NANCE: Right. CHAIRWOMAN HILLER: Because, quite frankly, what we're doing is we're outsourcing. COMMISSIONER NANCE: Right. What my goal would be is my goal would be to see as much money as possible going to Category 184, and I'd like to see Mr. Wert's administrative fees stay flat so that you're getting -- CHAIRWOMAN HILLER: Correct. COMMISSIONER NANCE: -- you know, more bang for the buck. CHAIRWOMAN HILLER: Absolutely. MR. WERT: And I think, as Commissioner Hiller is saying, that really does happen, because the mechanism from that sweep is exactly that. If our revenue goes up in 194 based on much more tourist tax collection, whatever excess there is over our fixed operating cost -- and that doesn't change -- the excess goes into 184, so it does increase Page 190 February 26, 2013 the promotion dollars. CHAIRWOMAN HILLER: But, Jack, that's not entirely the case, because you don't actually have a fixed operating cost. You're actually looking at an incremental budget, because you're maxed out at 33 percent. MR. WERT: Sure, correct. CHAIRWOMAN HILLER: But you can -- as the revenues increase, 33 percent of increasing revenues is an increasing -- MR. WERT: Sure. CHAIRWOMAN HILLER: -- operating budget for you or admin budget. So what Commissioner Nance is saying, that shouldn't be happening. In other words, you shouldn't be -- you shouldn't have a variable budget. Your budget ought to be fixed; in other words, we ought to know what our overhead cost is to administer tourism, and that is what it ought to be, because the rest of it sweeps into, for example, promotion, which is out-sourced to an independent contractor. That should not affect your volume of work. MR. WERT: No, it does not. You're -- CHAIRWOMAN HILLER: Right. And so, as a consequence, you -- and as you properly pointed out, you said about 20 percent, but I think we need to go back and revisit that. And when the policy recommendation comes back with respect to the allocation to administrative overhead, we ought to consider how that ought to be worded to, basically, you know, establish a fixed budget as opposed to a variable budget for your operations. COMMISSIONER NANCE: And the same with the museums. I don't advocate defunding the museum, and I've always said that the museums -- that I thought that heritage and cultural tourism was an underperforming part of our promotion to begin with, because that's proven that heritage and cultural tourism is very important. And it might not be an attractor in and of itself, but as part of a package, I think it's proven across our nation, if you just look at where all the hot Page 191 February 26, 2013 spots are, those people have a very big program in those sorts of things. And so I would say we should look at what we do with our county museums and make sure that they're funded properly. If the board wishes to move $200,000 of that money and make it come from the General Fund, I would support that. I was -- and I shared with Mr. Ochs I was a little disappointed that we got into a big analysis on what we should do with the museums on this agenda item, because this agenda item was not about how to run our museums. It was about, you know, how to get more TDC promotion money, which I support 100 percent. I think the whole museum issue is another -- is just a diversion to this and has got many people in our community excited because they felt like the -- frankly, the TDC agency was trying to tell the museums what they needed to do, which was not a friendly thing. MR. WERT: It was never the thing, yeah. COMMISSIONER NANCE: So, you know, I can support moving $200,000 to the General Fund and then working through that issue, but I would really like to see the county museum budget and the portion of it that comes from TDC tax revenue and the TDC administrative budget be fixed budgets that are clear and unambiguous. And this presentation here is not clear and unambiguous, particularly when you start adding more employees, which is the next item. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: The reason the interjection of the museum is in this discussion, because in the past -- well, I should say every time there's been what some people perceive as an attack on the museums and the museums' operation. So what the county manager has done and said in this discussion is, hey, we're going to -- you know, if we have to we'll take it out of General Fund. That's a discussion during the budgeting process. It's Page 192 February 26, 2013 not a discussion now or even -- CHAIRWOMAN HILLER: No. COMMISSIONER HENNING: -- a few days from now. Jack? MR. WERT: Yes, sir. COMMISSIONER HENNING: What's the average amount of money that a visitor spends -- MR. WERT: Our spend -- COMMISSIONER HENNING: -- per day? MR. WERT: -- on average is a little over $200. COMMISSIONER HENNING: Two hundred dollars a day? MR. WERT: Yes, sir. COMMISSIONER HENNING: Maybe equal to what a room cost is -- MR. WERT: Yeah. COMMISSIONER HENNING: -- on an average. MR. WERT: Sure. COMMISSIONER HENNING: And a room cost, let's say $200, you're collecting 4 percent tourist tax, right? MR. WERT: Yes, sir. COMMISSIONER HENNING: And you're collecting 6 percent on the sales tax. MR. WERT: Sales tax; correct, sir. COMMISSIONER HENNING: So I think when the numbers come back, we're all going to realize that the General Fund will increase probably more than, if you do the projections, what sales tax will bring in and, therefore, Leo would have more than enough to cover that $200,000. He could probably budget the whole doggone museum with that money, if we take a little bit from the City of Naples. But -- MR. WERT: And one other quick benefit, Commissioners, is that more visitors means more opportunities to sell real estate to those Page 193 February 26, 2013 folks, and that gets us out of the mess that we're in right now. COMMISSIONER HENNING: Well, it provides -- MR. WERT: And that's more taxes. COMMISSIONER HENNING: -- employment; it provides employment now. MR. WERT: Yes, sir, it does. COMMISSIONER HENNING: And I know we're all looking for high-wage jobs, but right now I think we're kind of looking at any job that we can get, so -- Anyways, it looks like there's enough support. I'm going to shut up, and I'm curious to see what the public has to say. CHAIRWOMAN HILLER: Can I make a comment? COMMISSIONER NANCE: I want to say one more thing. Let me play the devil's advocate and throw something out in the room again on the other side. Why are we increasing beach renourishment by $500,000? MR. O CH S: I'll address that. Commissioner, a couple of thoughts there. Again, this whole plan was predicated on my part as an economic development initiative, not necessarily a hospitality initiative or a beach renourishment initiative. For all the reasons we just talked about, I think that that industry if it's not the primary, it's certainly one of the largest drivers of our local economy. They have a proven track record that when you invest in that industry, they create jobs. That has a residual impact not only on the tourist development revenues, but on sales tax, gasoline taxes. It has a residual beneficial impact on real estate sales, and even some folks that come initially to visit end up buying a home. And what do you know, some people actually come and relocate their business after they relocate their residence down here. So, in looking at the mix -- and this goes a little bit to Commissioner Nance's point. I don't want to get too long winded here, but we basically have four stakeholder groups receiving portions Page 194 February 26, 2013 of receipts of this TDC revenue. And you've got a -- basically a fixed pie, and you've got four pieces that are allocated. So when you change the allocations, everybody's affected in some way. My reasoning was to move more revenues to tourism promotion and marketing for the obvious reasons that we've been talking about. At the same time, we all recognize that the beach is a public asset that really is linked arm in arm with the hospitality industry. They -- people come here because of the beaches, and they stay here because of the great experience they get in our resort hotels and other hotels throughout the county. So when we went to reallocate or look to reallocate, I challenged the staff to find a way to move more money for year-round promotion and marketing but also recognizing that we have a beach renourishment schedule for next year, and we're going to stay on this six-year cycle that the board has emphasized we need to stay on for renourishment. We're a little bit ahead of the curve in terms of the beach renourishment allocation because we don't have our bids in yet, but my staff tells me that they estimate 15 to $16 million may be our range of bids for the beach renourishment project. If we set aside 2 million right now every year for six years, that's $12 million. If we add a half million dollars every year to that, we've got $15 million at the end of six years that will help fund that beach renourishment project when it comes at the next six-year interval. Also, I want to make sure that the board understands that beach park facilities and museums have not been ignored here. And even though I have proposed to reduce their annual allocation, as Jack said, I can assure you that beach park facilities -- I've sat with Steve Camel! and Barry Williams, I've gone through their next five-year capital improvement and major capital maintenance program, and I can assure you that we have sufficient funding right now in Fund 183, which is beach park facilities, to fund all the projects on that list. Page 195 February 26, 2013 And, finally, with respect to museums, I've suggested a one-time -- not a one-time, but an annual reduction of$200,000 in those revenues, but I've backstopped that with General Fund, if the board will allow me to do that, and that's a credit to this board that even through the last five years of a severe recession, you've been able to grow your General Fund reserves. The reason we make those hard midyear cuts and work hard to maintain a millage-neutral budget is so we can grow those reserves so when you have an opportunity like this, you can still guarantee the museum will be fully funded on an operations and capital basis. And, finally, as Commissioner Henning said, if this is all successful, the old adage that a rising tide rises all boats, every one of those stakeholders in that -- that's receiving TDC revenues now, I believe, is, you know, two years from now will all have sufficient revenues to fund their operations. COMMISSIONER NANCE: Well, that's why I'm playing devil's advocate on the $500,000 on beach renourishment. Because we're doing beach renourishment now, you're saying a rising tide's going to raise all boats, and we're counting on this to happen -- we're counting on this gentleman right here at the podium to do this -- MR. OCHS: Yes, sir. COMMISSIONER NANCE: -- you know, if he minimizes his TDC administration, we put the county museums on a fixed budget, move some of them to the General Fund and give him another $500,000 -- I mean, this is the best industry -- it's the only performing industry we've got. So what I'm telling you is I'm supportive. I'll go with the board's wishes. But I'm saying, hey, let's maximize 184. CHAIRWOMAN HILLER: Let me -- may I? Let me -- MR. OCHS: Just let me, ma'am, if I might, on 195, because it's a good question, why promote another 500,000 a year? Remember, that's the -- by ordinance that's the fixed annual Page 196 February 26, 2013 set-aside for the major beach renourishment. Also in 195 you've got to fund, if you continue it at least, anyhow, as you have in the past, all your inlet management projects, your hot spot beach renourishments, all your monitoring. So there are other costs that need to be taken care of in that 195 expenditure category. I'm just trying to build up with this extra half million a year that -- the set-aside for the major beach renourishment. Other revenues that come into that fund as we grow the fund will help offset some of these costs that we're struggling to fund right now on some of the inlet management projects. We have storms that come in and accelerate, you know, projects for us, and sometimes we don't have enough funding to handle all those. So that's the thought behind it. CHAIRWOMAN HILLER: Thank you. I'd like to make a couple of comments, and then I'd like to turn it over to the public speakers. First of all, I had the opportunity to attend a governmental conference up in Tallahassee. And a report was presented by the Office of Economic Forecasting for the state where they clearly identified tourism as the number one growth industry in the State of Florida. And tourism does include retail. It's not exclusively hospitality. With that said, we are currently only at 60 percent capacity of our existing hospitality infrastructure, meaning we're wasting 40 percent of the assets that we have invested in, meaning we are losing the return on that investment that we have already made in terms of additional revenues to Collier County that promotes wealth. And I think that people have to understand that the way a community gets richer is by exporting. And tourism is actually considered an export industry. If all I do is sell to my neighbor and then my neighbor sells to me, we're just recirculating wealth in the community. Page 197 February 26, 2013 If I'm actually selling a hotel room to someone in Lee County or someone in Delaware or someone in France, I'm bringing new wealth into the community, and that is what causes us to become more successful, economically, as a county. So with that said, supporting promotion of tourism is really critical because, let's face it, you don't get sales if you don't promote. Bottom line. And when we invest in tourism marketing and promotion, we are not selling any individual property. We are selling Collier County as a destination, and the community needs to understand that. Tourism is the number one employer in the county. I think about 32,000 -- MR. WERT: 32,300. CHAIRWOMAN HILLER: How many? MR. WERT: 32,300. CHAIRWOMAN HILLER: Oh, you are so specific. All right. 32,300. MR. WERT: Sorry, Commissioner. CHAIRWOMAN HILLER: 32,300 individuals in the county are employed by tourism. And, you know, with respect to wages, it's not all about just targeting highest wages. There are a lot of people that wouldn't necessarily qualify for those high-wage jobs. Are we to exclude them from, you know, being supported in the job market? Obviously not. We want to get as many people employed as possible doing what they have the ability to do, because that is in the best interest of the community as a whole. The problem we have with this pot is that we have so many competing interests and, actually, a very small pot. And to address what Commissioner Nance has said, we are really in a state of flux. We are proposing this policy now. This is not a policy that's going to be fixed in time. It's going to be responsive to the changes in the market. Page 198 February 26, 2013 You know, as we see this rising tide, we may not need allocations that are as large in one category or the other. What we really need is to split the baby. We really need to separate tourism and beach renourishment. We need two alternative sources of funding. And when you look at markets throughout the State of Florida, beach renourishment is not funded by TDC dollars, which is why the tourism industry in other counties is heavily supported and ours is not, and I mean financially. So I had the opportunity to go to another conference. And I go to these conferences; I actually study everything, and I read all the reports and meet all the people and bring everything back to Leo. And I had the opportunity to visit with the Coastal Engineering and Dredging Industry and learned all about how other communities finance their renourishment. And I will tell you, it's not what we do at all. So one of the things that we will do as part of the evolution of this process is bring back alternative sources of funding for beach renourishment so that we can truly allocate tourist development dollars to what promotes tourism without -- and even though we're allowed to legally support beach renourishment, we'll have separate funding for that, which will make it better even on a greater scale than what we're proposing now. And then, of course, there's the public, you know, private component also which needs to be considered -- or I should say the tourism local public component that needs to be considered. So with that said, I want to turn it over to the public speakers. And if I could ask, if there are speakers who are basically going to say the same thing, after you hear a speaker come forward, if you could just merely say you support the same position the previous speaker supports, then I promise we'll get the message, and you will certainly still be influencing our vote in the right way. So with that, if you could turn it over to the speakers. Page 199 February 26, 2013 MR. MILLER: Well, Madam Chair, one more thing, if I may. There are 11 registered public speakers. Eight of those want to speak on both Item 11B and 11C. I don't know if you want to do anything about that or just call them on the separate items. CHAIRWOMAN HILLER: Just call them on the separate items. MR. MILLER: Yes, ma'am. Your first public speaker's Bob Krasowski. He'll be followed by Harold Weeks. MR. KRASOWSKI: Good afternoon, Commissioners. Bob Krasowski. I'm very impressed with the discussion, touched on a lot of things I didn't expect to hear. I attend the Coastal Advisory Council and Tourist Development meetings, and -- always impressed with Mr. Wert's work and the people he brings forward and the ideas he has. Today I feel very supportive of Commissioner Coyle and Commissioner Nance as far as providing stable amounts of money for museums and -- like, I think that's an excellent idea. I would not like to see the museums thrown to the wolves or whatever. The main thing, the first thing that caught my attention in this subject was the fact that you're going to reduce -- or it's proposed that we reduce the emergency advertising fund to $500,000. Used to be a million and a half, you dropped it down to a million, then it goes to 500,000. But then if you need more than the 500,000 it goes to the General Fund. I think this is inappropriate to put the burden and risk of emergency advertising for the tourism section on the general population. Any scenario that would cause us to need that emergency funds, a hurricane, oil spill or whatever, would also be impacted in the rest of the economy, and the general population just doesn't need to carry that burden. And there's plenty of money in the tourist development tax for you to maintain the million dollars. I also think -- but I understand this -- if we can generate more money, more money comes in, so the percentages might be a smaller Page 200 February 26, 2013 percentage, but then you get a bigger piece of the pie, or -- yeah, bigger amount of money. That's all good. So I hope you figure that out. I was at the same beach association meeting. CHAIRWOMAN HILLER: I think you sat beside me, didn't you? MR. KRASOWSKI: Once in a while, yes, yes, but you were very busy up there running around and meeting all the right people and finding out the right things. But I appreciate your invitation and all that to visit on some of these things. I'm running out of time. You know, there are different ways to assess. I think hitting upon the hotels for all of the beach renourishment might not be appropriate, because we're going beyond beach renourishment now. We have sea-level rise, we have more frequent storms. So we're addressing beach armoring, and we have to look in other places, other ways how things are done. So I'm with you 100 percent on that. Let's see. Oh -- and then another thing, as far as -- I'd really like to see -- Commissioner Coyle, when you were talking about those periods of time when the hotels are at maximum capacity, why are we advertising then? Why aren't we focusing? And that was the original intent of tourist development tax was to bring people in on the fringes and the edges of the tourist season. And so I think there's another way to attack this problem, and that would be for the hotels to lower their rates. Like they were so sensitive to the one percent increase -- CHAIRWOMAN HILLER: Bob? MR. KRASOWSKI: -- well, if you were to drop 2 percent -- what, are you going to cut me off? CHAIRWOMAN HILLER: I am, because we have so many speakers and so little time. MR. KRASOWSKI: Okay. Page 201 February 26, 2013 CHAIRWOMAN HILLER: But you're welcome to bring these ideas forward when this is all brought back. MR. KRASOWSKI: Sure; sure thing. And thank you very much. CHAIRWOMAN HILLER: SO thank you very much. Thanks for your input. MR. MILLER: Your next public speaker is Harold Weeks. He'll be followed by Bridgete Vanderhaven-Smith. CHAIRWOMAN HILLER: Bridgete, would you mind coming up to the podium, and as your name is called, if you could go to the alternative podiums, it would be appreciated. COMMISSIONER COYLE: How many speakers? CHAIRWOMAN HILLER: Eleven. MR. WEEKS: I'll be brief, I promise. CHAIRWOMAN HILLER: Thank you. MR. WEEKS: I'm Harold Weeks, second vice president of the Friends of the Collier County Museum. History. We all deal with it. We all know what history is. That's why we're here. The future lives off history. I know history is -- African Americans have been left out of the history books for many, many years, so I understand completely what history is all about. And religion -- the Bible is the guardian of history. And your families, it's either an uncle or a grandma or a grandfather or somebody who's a guardian of your family history. Here in Collier County it's the Collier County museums. With that said, I just want to point out a fact. It's all about money. And where does money come from, as you alluded to with the tourist in this country -- in this county. I know in years past, things have been dim, and we survived it. Before then, I don't know. I don't know if they planned well for it or not, but we should have had an accumulative -- money of-- residuals as they have in complexes. Page 202 February 26, 2013 But anyway, it was -- I know at one time the museum funding was in the General Fund; is that correct? It was part of the General Fund, and then for some reason they moved it to the TDC, and they said there was a reason for that. CHAIRWOMAN HILLER: It was -- I believe it was permitted by law. MR. WEEKS: Yeah. But it was -- the idea was, oh, it will never be touched, okay. And then there was some talk about a solidifying where the funding of the museum would come from. I'd like for that talk to come back. That was very intrigued sometime (sic). I believe it will. The other thing is, where does this money come from? Mr. Wert and his company has done a marvelous job at bringing the tourists back. I don't have statistics, I don't have a lot of fancy technology, but I have eyes and patience with what I see out there today with tourism. Tourism has returned with a vengeance. And if you can trust my instinct, tourism will continue to rise. And with that rise, the money will rise. And as Commissioner Coyle pointed out, that the money will come in with the effort that he has now. With the money that he has now, the more tourism that comes in, the more money that comes in, then the more money that Mr. Wert will have to advertise. But I think they'll find by that time they won't have to do that because the coffers will be overflowing. Of course, I -- CHAIRWOMAN HILLER: I like your attitude. MR. WEEKS: No. I'm serious about it. I've read -- CHAIRWOMAN HILLER: You're definitely a half-full glass kind of guy. MR. WEEKS: No. I'm a realist, believe it or not. Anyway, with that said, I'd like to see Collier County museums stay like they are and you guys figure out a way that this funding can't be touched. Of course, we'll need a raise every once in a while, if you Page 203 February 26, 2013 want us to be the museum that you expect us to be. Thank you very much. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next public speaker, Bridgete Vanderhaven Smith. She'll be followed by Carlos Bicho. MS. SMITH: Yes. I wanted to thank very much the commissioners and also Harold Weeks and talking about these facts. I'm not into the Collier County Museum that long time, but I see what's going on, and I've been acting as much as I could, and I see how we are functioning. And we are closed already on Saturday and Sunday. Some -- this is -- when I see people -- and I have a lot of friends coming from all Europe, and they say, well, the museums are closed. So we need to also employ people. We have a strong Friends of the Museums. We are trying to do our best to raise funds. But I -- we cannot fill the gap, really, if you take that money out of the museums. And I have been to a presentation the other day at the Chamber of Commerce for a delegation of French businesses who are coming here. It was very interesting. And we had a presentation by a professor of the university of the FGCU, which I'm a speaker for once in a while, and he said that the TDC have never been so rich. He was presenting this Collier County that was absolutely marvelous. And I said, why are we taking money out of our museum? This is -- if you see the kids when they arrive at the museum, when you see the people who are coming to our museums -- and we don't have enough people to fill -- to come to work and welcome people. CHAIRWOMAN HILLER: Just so you know, one thing, Bridget, just to clarify, we cannot use tourist development dollars to support the museums to benefit the local community. It is strictly for the benefit of tourists. So, for example, students that come to the museum, we don't charge anyone to attend, but we are not subsidizing the museum Page 204 February 26, 2013 tourist tax dollars to allow the students that are local to visit, because we, legally, can't. MS. SMITH: No. But when you see all these people who are coming from all over Europe and saying -- CHAIRWOMAN HILLER: I'm just mentioning the students. MS. SMITH: Yeah, this is a -- it's a gem. They didn't even know it was there. We don't have enough funds to advertise our museums. And we do a lot of things. And I'm a speaker for the museums also. I give talks at Marco Island. I go everywhere. And this is -- you know, for me, it's sort of outrageous to see that money going -- although I support tourist 100 percent. I've also been in tourist (sic). I've been a guide. I've been a tour guide, and I will do it again. And I speak five languages, and I'm glad to welcome everybody. CHAIRWOMAN HILLER: Thank you very much. MS. SMITH: Thank you. MR. MILLER: Your next public speaker is Carlos Bicho, who will be followed by Tom White. MR. BICHO: Please forgive my humble attire today. The last time I was here -- CHAIRWOMAN HILLER: If you could state your name. Could you state your name for the record. MR. BICHO: My name's Carlos Bicho. CHAIRWOMAN HILLER: Thank you. MR. BICHO: I think the last time you saw me, I was in a little bit more of flamboyant outfit. CHAIRWOMAN HILLER: Yeah. You look kind of like Ponce de Leon. MR. BICHO: Yes, ma'am, although not related. I bring to -- I bring to you just one thing, one comment that keeps coming to me, and something that we've learned in history and we keep forgetting. If you are trying to sell the beauty of a pristine forest Page 205 February 26, 2013 and if you start chopping the wood, if you start chopping the trees, you're not going to have a forest left. This is absolutely absurd when we have as an option to raise the money, the $200,000 that we'd be missing from museums budget, to go out -- and let's raise some awareness. Let's do some fundraising. Hotels also have that capability. If they need more money to bring in more tourists, they can also do some fundraising for that purpose. It is to their profit. This is really, really unfair to the very core of what a mission -- what the mission of a museum is. We are here to enrich the culture to -- we look for the community for an opportunity to reach out and improve. We will be more than glad to go to any hotel. I will personally go there. I will dress up as the fanciest Ponce de Leon that you can get. I will cooperate with you. I will bring those tourists that visit your facilities with a sample of what the museum is trying to do here. And when you come down to it, Southwest Florida is one of the richest historical locations in this country. We are at the very founding not only of the U.S., but at the very founding of European presence in North America. This is of absolute importance to maintain. And to simply cut away at the trees to try and preserve the forest, I don't see the logic. At the very least, whatever gets done by your decisions -- and I am not going to in any way superform (sic), try to influence all of you. I know that I certainly have at least two folks who have maintained -- and I appreciate those votes of confidence on behalf of the museum, on behalf of a volunteer for the museum. But, please, assure at least at the guarantee that those funds will not be touched or somehow or other permanently made up. That's all I have. Thank you very much. Have a great day. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next public speaker's Tom White. He'll be followed by Clark Hill. Page 206 February 26, 2013 MR. WHITE: Thank you, Commissioners, for allowing me to speak today. I speak to you on behalf of the hotel I represent, an 80-plus room hotel I represent in inland Collier County; employs 25 of your constituents. I also speak to you on behalf of the Collier County Sports Council; represents 32 hotels, attractions, restaurants in the community that value the tourism industry and the destination that we have here. First off, I would like to thank County Manager Leo Ochs for your recommendation, and I think it's an excellent one that you and your staff have provided. As you know, and has been stated, we are only able to adequately promote Collier County for roughly five months of the year. We are a year-round destination, and we need to have additional funding. I think Commissioner Coyle's brought up a great idea that, you know, we really need it in 10 months of the year. Whether or not we need advertising today could be disputed, but there's definitely more than five months. I think there's a good 10-plus months that could use advertising. Our county spends less than any other county we compete with as a tourist destination on a per-hotel-room basis. In Collier County, hotel revenue per available room, which is how we kind of measure how we do things here, increased by six-and-a-half percent in 2012, which is great, but that being said, Palm Beach County, a competitor of ours, spent nearly 35 percent more per hotel room than we did, and their revenue per available room went up 9.2 percent. Sarasota County, a county I also work in, spends almost double what we -- or I'm sorry -- spends more than we spend per room on a basis -- on a per-room basis, and their revenue increased over 12-and-a-half percent. Clearwater and St. Pete spent nearly twice what we spent per Page 207 February 26, 2013 hotel room, and they saw 12-and-a-half percent increase; you nearly double the increase we saw last year. So had we been advertising more year round like these other counties are, I think we could see a much bigger increase in tourist tax revenue, which will bring in the tourist tax tax, which will support one of the things we're talking about. And I think the CBB's demonstrated that the media -- that the day they spend additional monies in advertising, additional revenues come in, and when they stop advertising, the additional revenues slow down. So I think it's important that we allow Jack to do what he does best. In addition to the media additional advertising that I'm supporting that Leo Ochs is recommending, I think it's also critical that Collier County be recognized, the Sports Council specifically would like to mention that we would like to see an additional two employees hired for Collier County sports marketing. A survey was done, and of the eight counties that were surveyed that we compete in, eight -- some counties hired as much as eight people to market their destination for sports, which is traditionally in the 10 months that we're talking about trying to bring more people here. It's a clean industry, and some -- the average county had 3.3 employees, where we only had .5. So I'd like to leave you with that and that I ask you to vote yes in support of Leo Ochs' recommendation to reallocate bed tax. CHAIRWOMAN HILLER: Thank you. Thank you very much. MR. WHITE: Thank you. MR. MILLER: Your next public speaker is Clark Hill. He'll be followed by Darren Robertshaw. MR. HILL: Good afternoon. CHAIRWOMAN HILLER: Can I ask how many more speakers we have after this? COMMISSIONER COYLE: Five. MR. MILLER: Yes, five. Page 208 February 26, 2013 CHAIRWOMAN HILLER: Can I see a show of hands of who the other speakers are? Okay. Got it. Okay. COMMISSIONER COYLE: Six. MS. CARRINGTON: Could you make it six? MR. MILLER: That's your prerogative. CHAIRWOMAN HILLER: Yeah, let's do that. But before we continue, I'd like to make a recommendation that we continue 11C. I think it's premature at this point in time to address this in light of the change that we're proposing, and I think it really would be prudent if we could sit down with staff and review, you know, the staffing and the contract or what eventually would be contract changes before we address this at this time. And I would move it to when you bring back this policy and/or ordinance change, which I expect will be at the next meeting or the meeting after that. MR. OCHS: If that's -- you know, if that's the pleasure of the board. CHAIRWOMAN HILLER: Well, let's wait till Commissioner Henning comes back. And the reason I want to wait till he returns is because he sits on the TDC, and I want to make sure that it takes into consideration that. Why don't you go ahead and get started while we address that. Because I really am concerned that we will not have the time. We have a very important agenda, and that is setting the budget. And if we get into a big discussion on this, in light of all the discussion that we've had that impacts this, you know, it just -- COMMISSIONER FIALA: Plus we have a 4 o'clock time-certain. COMMISSIONER NANCE: Plus we've got a 4 o'clock time-certain. CHAIRWOMAN HILLER: Yeah. Oh, yeah. Are the ATV people here? Do I see any ATV people? How many? One, two, Page 209 February 26, 2013 okay. Two people. All right, yeah. And in addition, we have the 4 o'clock time-certain, so I would really feel it's necessary to continue that item. Go ahead, Clark. MR. HILL: Thank you. I'm Clark Hill with the Hilton Naples. And in the interest of time, I'll make my comments concise. And Tom White very well iterated the -- what the hope is and what we'll accomplish with this reallocation of funds. And so with -- with the knowledge that I support the resolution, I would like to thank each of you for the time and energy and the efforts you've put into this issue. And not just today, but going back years that I've been on the Tourist Development Council. And I'd like to congratulate Mr. Ochs for developing a compromised solution that addresses all the needs of the stakeholders. And the -- all -- and what I've heard today is that we're all going to work together, and we're going to make it better for all of us. So thank you for that. And I'll conclude my remarks. Thank you. CHAIRWOMAN HILLER: Thank you. COMMISSIONER HENNING: Madam Chair, may I say something? CHAIRWOMAN HILLER: Yes. COMMISSIONER HENNING: Obviously this motion is going to pass. Obviously there's some industry people here that can get up and convince us to pass it, which we're going to do. But I think it would be more important to also hear -- I mean, if there's anybody opposed -- like you suggested earlier, you know, if you're -- CHAIRWOMAN HILLER: Right. COMMISSIONER HENNING: -- you're in favor of it, you know, tell us -- CHAIRWOMAN HILLER: The right. COMMISSIONER HENNING: -- and let the next person go. Page 210 February 26, 2013 CHAIRWOMAN HILLER: So who's in opposition? COMMISSIONER HENNING: Okay. CHAIRWOMAN HILLER: Okay. We have two people in opposition. Could you please step forward and each take a podium. And the rest of you, if we could do as follows, after these two speakers speak in opposition, just approach the podium, state your name for the record, state you support it, and then, you know, since comments have already been made, have a seat, if that's agreeable to you. UNIDENTIFIED SPEAKER: Fine with us. CHAIRWOMAN HILLER: That's great. Thank you. Go ahead. MR. McKEE: Good afternoon -- CHAIRWOMAN HILLER: State your name for the record. MR. McKEE: -- Madam Chairman and members of the commission. My name is Lodge McKee. I'm the president of Southwest Heritage, which is a nonprofit organization that is the titleholder to the Naples Depot, which is part of the museum system. Unfortunately, I'm here again. We've been back time after time as this has come before you, and I'm here today to listen to another reiteration of the proposal that was made once before. And I looked at the premise that Mr. Wert presented on the board, and it said there are three things we need to accomplish here. One is to -- is add some money for marketing for -- and add some money to the beach renourishment plan, and take away some money from the museums. Those were the three premises. There didn't seem to be any argument about how we should proceed from there. We look for ways to get more -- to shift more money to the TDC. May or may not be a good idea. But it should be noted that every article in the Naples Daily News that's appeared in the last year or so relative to tourist activity in the county says that our numbers are up. There have been articles that Page 211 February 26, 2013 have also said that our TDC revenues are up. So something is succeeding rather well. Beach renourishment isn't, and we've got a pass that's closed, and we've got a bay that's dying, and we have a museum system that is struggling and really needs more money, not just to preserve the amount of money that it has budgeted right now. So the answer is, well, let's take 10 percent, or almost 10 percent, away from the museum budget and let's say in some sort of soft or oblique fashion, if we have to make it up we will. And I would really like to hear from the commission that we're committed to make that money up, not just simply, well, we'll deal with that when the time comes. I'd also like to hear from the commission to the effect that this is not the first in a phase plan to eliminate the county museum budget from the tourist development tax. I don't think that's an appropriate position, and I hope this isn't just the first go-round. It's taken them a long time to take this first piece out of the museum budget. And, you know, obviously that's going to happen. What I haven't heard today is any real support for the museum system, and it's a pretty extraordinary system. We employ 13 people and oversee five facilities. The TDC now wants to go from eight to 11 people, and what they oversee is just a whole lot more money. And we're talking about $200,000. I just don't see why it has to be carved out under these circumstances. Thank you very much. CHAIRWOMAN HILLER: Thank you for your comments. COMMISSIONER FIALA: Mr. McKee? CHAIRWOMAN HILLER: Yes, Commissioner Fiala. COMMISSIONER FIALA: Thank you very much. Let me tell you, you weren't at the meeting just a couple meetings ago where I was very vehement about supporting the museums. I didn't want to see any money subtracted. Not only that, but they were going to Page 212 February 26, 2013 subtract for five years running -- MR. McKEE: I'm aware of that. COMMISSIONER FIALA: -- till there's nothing coming there. So there was an agreement made whereas they're only going to take $200,000 except that if the -- they feel that the tourism industry will take in enough to not take that much money away from the museums, they'll actually be able to make that up. But if not, if not, the county manager said he will reach into the General Fund. So, actually, in essence, the only reason I could vote for it was because I knew you were going to stay funded. And that was very important to me, because I'm very close to the museums, yet I do support the tourism industry as well. So this was a good compromise. MR. McKEE: Well, you certainly surprised me today. CHAIRWOMAN HILLER: Commissioner Coyle? Commissioner Coyle? COMMISSIONER COYLE: Let -- I'd like to hear from the county manager how comfortable he is with assuring that the museums will not incur a $200,000 reduction. And would you be willing to make it up out of personnel costs in the county manager's budget? MR. OCHS: Commissioner, yeah, I feel -- CHAIRWOMAN HILLER: Can I interrupt? MR. OCHS: No, I'm happy to answer it, ma'am. CHAIRWOMAN HILLER: No. I really think that, you know, you're asking -- you've been asked to go back and bring back a proposal, and I don't think that you should be put on the spot now to have to answer that. What was clearly highlighted in the executive summary is that there were alternative ways this was going to be done. So, I mean, I would like to ask that that question be answered after you have consulted with your staff and discussed it with the other commissioners, gotten input, and then bring forward your proposal. COMMISSIONER FIALA: And guarantee the 200,000? Page 213 February 26, 2013 CHAIRWOMAN HILLER: In however fashion that will be funded, there are many alternative ways to do it, whether it's the General Fund or some other sources. I really don't think it's fair to put you on the spot and make you answer a question that we are asking you to go back and research and come back to us with an answer. MR. OCHS: Commissioner, that's fine. But I think Commissioner Coyle does deserve at least a representation that it -- you should know, sir, that I wouldn't have brought this forward if I didn't believe that I could make sure that the museum operating budget was made whole under any circumstances. COMMISSIONER COYLE: Okay. CHAIRWOMAN HILLER: Next speaker, please. MS. JOHNSTON: I'm Joanne Johnston, and I live in Punta Gorda. I am a relatively new resident of Florida, but I've been coming down here for -- since just before Charley is when we bought. One of the most wonderful aspects about getting to know Florida was taking the Florida Master Naturalist Program and getting to know the museums and all of the wonderful conservancies and all of the parks and everything else that make up this rather unique land. When you come from Canada and then have lived in New York -- CHAIRWOMAN HILLER: Where in Canada? MS. JOHNSTON: Sioux Lookout, Ontario. It's in Everglades City in the north. CHAIRWOMAN HILLER: I'm originally from Montreal. MS. JOHNSTON: Ah, well, we have plenty to talk about then. (Chairwoman Hiller and Ms. Johnston conversing in French.) MS. JOHNSTON: In any case -- COMMISSIONER NANCE: That's twice, Commissioner Coyle. COMMISSIONER COYLE: Yeah, I understand. MS. JOHNSTON: You'll make a bilingual country of this anyhow, one way or the other. CHAIRWOMAN HILLER: Exactly, and it's going to be what, Page 214 February 26, 2013 French and English, right? MS. JOHNSTON: Maybe so. But in any case, I'm here to tell you that I am a bed-tax payer. I come down to Everglades City, to Naples, I go to Sarasota a lot, and we -- my husband and I happily pay the bed tax. My question is, why does Collier County have so low a bed tax? It's possibly the lowest of any county that has a city in it. I understand it's extremely low. Is it single digit? CHAIRWOMAN HILLER: If I may, the tax is a function of two components. One is the interest rate -- or I should say is the rate -- not the interest rate -- but the rate, and the other is a function of the room rate, and we have probably the highest room rates of anywhere in the state. So when you take the percentage and you multiply it by the average rate, you come up with a very high tax. MS. JOHNSTON: Well, I don't know about that so much. It doesn't feel like it's high to me compared to where I go and enjoy the Florida I'm coming to know. I'm very, very impassioned about your museum system, because I have to tell you, coming from where I come from New York, Toronto, all of those places, you have gems that are beyond what I have known elsewhere. I just spent, for the fourth year in a row, now an extra day, the fourth day at the Everglades City Museum. I don't know why they call it the Marjorie Douglas -- Marjory Stoneman Douglas Festival anymore, because it is not a festival where you go to eat seafood and dance and listen to music unless, of course, it's some fantastic bluegrass that's right outside the museum doors. But I go because it is possibly the most intellectually stimulating, supportive, and in every other way, meaningful kind of place and kind of academic conference, if you'd like, that I have ever encountered that is run by a museum that is not the Smithsonian or not the New Page 215 February 26, 2013 York Metropolitan Museum or not some of the major museums of the world. It's from a tiny, tiny place, and it's done the same way up here in your main one. When I was representing the Visual Arts Center in Punta Gorda, we were looking for an expert to come and speak to us, do a program on what we called -- we were calling then the western frontier. That was going to be our theme. David Scranton, the name -- the gentleman who was at your main museum. I'll take a minute or two, since we had our conversation, right? He came -- he was the expert that was given to us, and he convinced us to call it America's frontier, because he spoke to us so incredibly about how Florida was Florida, was the last frontier, the role of the war. You have such incredible resources in these museums. I think you should forget about taking any money away from them and, in fact, give them more. CHAIRWOMAN HILLER: Thank you. MS. JOHNSTON: And get it from somewhere else. There will be somewhere else in the budget. CHAIRWOMAN HILLER: Thank you very much. Appreciate it. That being the last speaker, all in favor of the motion. COMMISSIONER HENNING: Well, let's confirm that these people don't want to speak that signed up. CHAIRWOMAN HILLER: Oh, yeah. Oh, forgive me. Do you all want to come up and -- do you want to speak? MS. CARRINGTON: I would like to. CHAIRWOMAN HILLER: Okay. Go ahead. Sure. MS. CARRINGTON: Nancy Carrington, president of the Marco Island Area Chamber of Commerce and also business owner on Marco. I'm owner of the Marco Island Florist. And nothing has been said as far as retail, and I just want to reiterate in the floral business, destination weddings are a big portion of our business, and we sure do Page 216 February 26, 2013 benefit from what's allocated now for bringing people here, and I would just love to see the vote go yes because it definitely impacts more than just hotels. CHAIRWOMAN HILLER: Great. Well, thank you. MS. CARRINGTON: Thank you. CHAIRWOMAN HILLER: Is there anyone else who'd like to come to the podium and affirm their position? MR. CHONDARY: Ten second. CHAIRWOMAN HILLER: Sure, not a problem. Not a problem. MR. CHONDARY: Mac Chondary. I'm past period of Chamber of Commerce of Marco Island. I only want to say one thing, is I have been living in Collier County for 24 years. First time, I want to commend the county manager. I should call him county leader, in my opinion, who comes up with a compromise where all other things we have been discussing and opposing each other -- and I applaud him for this, and I definitely 100 percent with him also. And I hope you will all consider this, because this is good for Collier County. It's not for the hotels. Collier County. Thank you very much. CHAIRWOMAN HILLER: Did you actually live in Montreal? No. MR. CHONDARY: I lived in France. CHAIRWOMAN HILLER: In France, okay. (Commissioner Hiller and Mr. Chondary conversing in French.) COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Sony, I'm sorry. All right. Is there anybody else who would like to speak? I mean, it's a free-for-all at this point. I speak German too. I forgot to tell you that. We can switch, you know. Page 217 February 26, 2013 Don't worry, only you and I can have a secret conversation beyond this point. Is it okay if we call the vote now? Do I have an agreement on that? All right. COMMISSIONER COYLE: No, let's just talk some more. CHAIRWOMAN HILLER: I just figured we might as well. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. UNIDENTIFIED SPEAKER: What was the motion? MR. OCHS: Commissioners, thank you. CHAIRWOMAN HILLER: The recommendation proposed by staff, which Commissioner Fiala had proposed and I had seconded, and that basically occurred about an hour-and-a-half ago, so I can completely understand why you were wondering what the motion was. MR. OCHS: Madam Chair? Oh, I'm sorry. CHAIRWOMAN HILLER: Before we go on, can I ask for your business card, Mr. White? Can I have it, please? If you could give it to the county attorney, I would appreciate it. Item #11C RECOMMENDATION TO APPROVE THE RECOGNITION OF ADDITIONAL UNCOMMITTED FY12 CARRY FORWARD OF UP TO $450,000 AND ALL NECESSARY BUDGET AMENDMENTS FOR ADDITIONAL DESTINATION MARKETING EFFORTS AND TOURISM DEPARTMENT STAFF — MOTION TO RECOGNIZE THE FYI 1/12 CARRY FORWARD, Page 218 February 26, 2013 ALLOCATE $200,000 FOR INCREASED MARKETING AND BRING BACK STAFFING NEEDS WITH TDT POLICY CHANGES AT THE MARCH 12, 2013 BCC MEETING — APPROVED MR. OCHS: Madam Chair, with respect to 11C -- CHAIRWOMAN HILLER: Yeah. MR. OCHS: -- what we'd like to do, with the board's permission -- that item had three components of it. The proponent that's proposing staff additions we'd be happy to continue, but there are two other elements of the carry forward funding that will immediately help our group business from a marketing standpoint. We'd like to quickly present those two items and see if we could get some board approval. CHAIRWOMAN HILLER: So the 200,000 for those two items, the 100,000 each -- MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- as opposed to the 250- -- MR. WERT: Yes. CHAIRWOMAN HILLER: -- and continue the 250-? MR. OCHS: That's correct, yes. MR. WERT: Yes, ma'am. CHAIRWOMAN HILLER: Let's go ahead and do that. MR. OCHS: Is that acceptable? CHAIRWOMAN HILLER: Now, let me ask. Is everyone here going to be talking to that as well? How many people have signed up? MR. MILLER: I have seven registered speakers at this point. CHAIRWOMAN HILLER: Okay. MR. OCHS: But if they want to talk about adding the positions, we're not going to do that today. CHAIRWOMAN HILLER: Is anyone here to address adding the position? So everybody here is to talk about adding the marketing to those two components? Is anyone here in opposition to that? Are you Page 219 February 26, 2013 all going to just stand up and say you agree and that we should do it? UNIDENTIFIED SPEAKERS: Yes. UNIDENTIFIED SPEAKER: That's why we're here. CHAIRWOMAN HILLER: Great, I like it. Okay. So go ahead. MR. WERT: Thank you, Madam Chair. For the record, Jack Wert, tourism director. The purpose is to, first of all, have you recognize as a board some additional uncommitted Fiscal Year 12 carry forward. The amount we're talking about is 450,000. This is a result of the increased tourist tax revenue that we had above what was projected and above what we budgeted for this current fiscal year. So we're asking, first of all, for that recognition. And the uses that we're talking about -- and we'll just deal with the first two -- earmarking up to $100,000 to enhance our television digital and social media advertising and promotion campaigns right now in the northern U.S. markets, primarily the greater New York area and the greater Chicago market, and some in some Florida feeder markets as we get into the springtime. And, secondly, to earmark $100,000 of the 450,000 for additional group marketing assistance. You recall a couple years ago we put some money toward enhancing the RFPs that we get for group meetings. This program has absolutely turned out to be a true winner. The hotels really do support it. When we get into the final four or five in terms of a decision process for a group meeting, if we're able to, with some of these funds, sponsor an opening reception or something to that effect, it has definitely helped us tip the scale and get that business, and it's really worked for us this year. So those would be two uses of that 450,000 that has -- CHAIRWOMAN HILLER: But we're going to limit -- all right. Let's limit the discussion -- MR. WERT: Just to that. That's fine. Page 220 February 26, 2013 CHAIRWOMAN HILLER: -- what we're approving today, which is 100,000 to enhance television and other media, and 100,000 for additional group marketing. MR. WERT: Yes, ma'am. COMMISSIONER HENNING: I'm going to make a motion to approve that; however, since it's on our agenda, I'm very supportive of the other -- the positions. MR. WERT: Yes, sir. COMMISSIONER HENNING: You know, we have confidence in Jack to give him money to promote, change the allocation, but we don't -- but I have the confidence, I should say -- I'm not talking about anybody else. I have the confidence that these positions that he's recommending will bring back the money also. CHAIRWOMAN HILLER: Can you -- MR. WERT: They're truly part of the marketing. COMMISSIONER FIALA: So your motion is to vote for the whole enchilada, right? COMMISSIONER HENNING: Yeah. I'm going to throw that out there since it's on the agenda -- COMMISSIONER FIALA: Second. COMMISSIONER HENNING: -- and let's see where it goes, and then we don't have to deal with this again. CHAIRWOMAN HILLER: I'm not going to be able to vote for that. COMMISSIONER HENNING: Okay. CHAIRWOMAN HILLER: Just so you know, because, I mean, I can't -- in light of what Commissioner Nance brought up about the funding and the staffing, I think we need to look at it prudently, you know. If we're cutting 200,000, which will affect staffing in the museums and now we're turning around and adding, you know, 250,000 in staffing and admin, I mean, I'm beginning to see a problem evolve here. Page 221 February 26, 2013 I think this has -- I think the whole issue of Jack's staffing has to be very carefully evaluated. COMMISSIONER HENNING: Well -- and it's -- CHAIRWOMAN HILLER: And I would hate to make a rash decision based on everything I've heard. Because considerations have been brought forward on this through the public's discussion and the board's discussion, which I, personally, had not contemplated, and it has given me somewhat of a different perspective on some of that. So I would -- I could not support it. I could support the $200,000 allocation towards increasing the marketing, but not the staffing. COMMISSIONER HENNING: And the museums don't bring in jobs and more revenue, sales tax, and more -- and more -- are you done there, making all that noise -- and more tourist tax. So there is a definite distinction -- Leo puts more people in his office, does it bring in more revenue. MR. OCHS: (Shakes head.) COMMISSIONER HENNING: No, but bringing more staff in for promotion within the tourism brings in more money. MR. WERT: If I could, Madam Chair, could I take five minutes and just give you a rationale for those three? And I won't take any more than that. COMMISSIONER NANCE: I would prefer to have an extended discussion myself because I'd like to address these administrative issues myself. CHAIRWOMAN HILLER: Yeah, this isn't -- it's not appropriate. We're extending the discussion beyond what we agreed we would address, and so I'd like to stay on task. We agreed that we were going to address two issues and continue the third, so -- COMMISSIONER HENNING: No, you guys agreed. It's on our agenda. I haven't amended the agenda. We haven't voted to amend the agenda. Let's call the motion, and see where it goes, and I could -- CHAIRWOMAN HILLER: Do I have second for Commissioner Page 222 February 26, 2013 Henning's motion? COMMISSIONER FIALA: Well, I seconded it before. Yeah, but you made a good point about the museums. CHAIRWOMAN HILLER: So again, Commissioner Henning would like to approve all three, which is 250- for staffing, 100- for group, and 100- for enhanced television digital and social media. Do I have a second for his motion? COMMISSIONER HENNING: Commissioner Fiala seconded it. COMMISSIONER FIALA: Yeah. CHAIRWOMAN HILLER: Are you seconding his motion? COMMISSIONER FIALA: I seconded it before. I don't know that I agree with my second anymore, though. That's the thing. CHAIRWOMAN HILLER: Well, if you want to withdraw your second, then you need to state so on the record. COMMISSIONER FIALA: Yeah. You made a good point about the museum. I'm really supportive of them, so if that can make a difference for the museums then -- COMMISSIONER HENNING: I'm going to make a motion, then, to approve the two allocations, the 100,000 and the 100,000. COMMISSIONER FIALA: That I can accept, yeah. CHAIRWOMAN HILLER: So Commissioner Fiala has now seconded Commissioner Henning's amended motion. MR. OCHS: Madam Chairman? CHAIRWOMAN HILLER: Yes. MR. OCHS: Just as a point of clarification, we are still asking you to recognize the full 450,000 carry forward. CHAIRWOMAN HILLER: Right. MR. OCHS: We will only be authorized to spend the 200,000. CHAIRWOMAN HILLER: Correct. MR. OCHS: Thank you. CHAIRWOMAN HILLER: That is correct. And I'm sure that's Page 223 February 26, 2013 what Commissioner Henning intended all along. No question. I'm sure that's exactly what Commissioner Fiala was going to second. All right. Public speakers? MR. MILLER: Your first public speaker is Bob Krasowski. He will be followed by Tom White. CHAIRWOMAN HILLER: Would you go to the other podium, please. MR. KRASOWSKI: Hello, again, Commissioners. Bob Krasowski. CHAIRWOMAN HILLER: And, again, we're limiting the discussion only to the 200,000 allocated to group marketing and television and digital. We're not talking about staffing or the other 250,000. COMMISSIONER HENNING: Even though it's on the agenda. CHAIRWOMAN HILLER: Even though it's on the agenda. MR. KRASOWSKI: Forget it. I'm going to say what I want to say. This is public comment. CHAIRWOMAN HILLER: Go ahead. Say whatever -- it's actually not. It's agenda comment. MR. KRASOWSKI: Okay. Well, look, I was going to say -- CHAIRWOMAN HILLER: Go ahead. MR. KRASOWSKI: -- attending TDC meetings and stuff, and listening to Jack and all this stuff, I really see the value in adding one of those jobs for sports -- for soliciting sports tourism here. I think it's a big opportunity, and he's on top of it. And the people he already has working in that could use the help and probably come to you and show you week by week how we're benefitting from it. So I go along with that. But take out 200,000 and give it back to the museums, as far as this other stuff, you know. So you use a portion of the 250,000 to hire the one person, and then maybe -- I can't hardly see -- up to 100,000 -- CHAIRWOMAN HILLER: You can turn around and look this Page 224 February 26, 2013 way. It's closer. MR. KRASOWSKI: Oh, yeah. You're a genius. CHAIRWOMAN HILLER: What can I say? MR. KRASOWSKI: So 100 -- enhanced television digital up to -- additional group marketing. Maybe put some money towards that, but, along with what Commissioner Coyle was saying earlier, identify specifically when -- like we have, what, a 30 percent availability rate of hotel rooms on average, but what are the specific times when that exists. You don't have to spend a lot of money advertising in January or February. CHAIRWOMAN HILLER: And just so you know, Bob, for what it's worth, the analysis of when and where was done by the subcommittee of the TDC. MR. KRASOWSKI: Oh, was it; is that right? You have those numbers? Okay. CHAIRWOMAN HILLER: So -- and that -- right. And Jack has already done the full analysis. We have all the recommendations. Commissioners -- Commissioner Coyle's recommendation is an excellent one. It has already been asked and answered. MR. KRASOWSKI: Well, I don't know -- CHAIRWOMAN HILLER: They've done it. MR. KRASOWSKI: I haven't seen those charts. CHAIRWOMAN HILLER: Right. MR. KRASOWSKI: And I watch -- he makes presentations and stuff. I'd like to see that again -- CHAIRWOMAN HILLER: Right. MR. KRASOWSKI: -- where the -- when it is. CHAIRWOMAN HILLER: Jack? Jack? MR. KRASOWSKI: Mr. Wert? COMMISSIONER COYLE: Nor have I, nor has anybody else. CHAIRWOMAN HILLER: Your backup material that you've been using, you know, that basically the subcommittee compiled, can Page 225 February 26, 2013 you make sure that everyone gets a full copy of the entire book, give it to the whole board and any member of the community that wants it? MR. WERT: Be happy to. MR. KRASOWSKI: Jack, have you ever presented -- if I may -- to the TDC where you actually showed, you know, the room availability week by week, month by month, and all that? MR. WERT: We showed that. In fact, I have a slide here. CHAIRWOMAN HILLER: He did. MR. KRASOWSKI: Yeah, you should throw that up there. CHAIRWOMAN HILLER: He did -- he did the whole presentation, like, a year ago. (Commissioner Coyle left the Boardroom for the remainder of the meeting.) MR. KRASOWSKI: Oh, okay. Well, excuse me, then, you know. But I think we should look at that again and identify when it would be most to our advantage to use the money, since we should be -- when it comes to taking money away from the museums, we should be very tight with money, you know. And I thought you folks were doing great on discussing it. I was surprised you passed the whole previous things, but -- you're going to talk about it some more, okay. Thank you very much. Goodbye. MR. MILLER: Your next public speaker is Tom White. He'll be followed by Clark Hill. CHAIRWOMAN HILLER: Clark, I believe, is gone. MR. WHITE: No, Clark's right here. CHAIRWOMAN HILLER: Oh, Clark is there. Okay. Sony. MR. WHITE: Thank you, Commissioner, for allowing me to speak again. CHAIRWOMAN HILLER: I was hoping. I'm just kidding. MR. WHITE: I think we're missing the boat here if we stop spending on this sports council position. I also manage a hotel in Page 226 February 26, 2013 Sarasota, and in Sarasota -- or in Collier County in 2011, we saw 7,000 room nights associated with the sports market, which had an economic impact of$5.2 million. CHAIRWOMAN HILLER: Just -- if I could interrupt. We're not stopping it. We're continuing it. We're just bringing it back at the next meeting. MR. WHITE: So should I not speak on it now? CHAIRWOMAN HILLER: It's your choice. Whatever you want, but we're not -- MR. WHITE: Should I come back? CHAIRWOMAN HILLER: We want it -- because of the -- you definitely -- COMMISSIONER HENNING: I don't have any control issues. You can talk about anything you want. MR. WHITE: Well, I want to do it when it's relevant and meaningful. I don't want to hold everyone up when -- CHAIRWOMAN HILLER: Can I make a suggestion? MR. OCHS: We're not going to deal with the positions today. CHAIRWOMAN HILLER: I would come back, because all we're doing is we're bifurcating this because so many issues have been raised about the salaries and the positions and the museums, so this is -- this is not being denied. It's being continued so that we get more information and -- MR. WHITE: Well, all these people in the front row are here for, primarily, the two positions in sports, because they believe 32 hotels, attractions, and destinations in the area -- believe that those two positions are critical to help grow marketing of this destination in the off season. So I really think that that shouldn't have been taken off the table, but as it has, I'll be back, and I guess we'll all be back next time. CHAIRWOMAN HILLER: Again, we're not taking it; we're delaying it so we can gather more information. Page 227 February 26, 2013 MR. WHITE: It's been delayed twice in -- CHAIRWOMAN HILLER: No. This is the first time it's been brought forward to us. MR. WHITE: Yeah, no. It was delayed the last time it was pulled off the agenda, right, Jack? COMMISSIONER HENNING: Yep. MR. WHITE: Yeah, Jack says it was. CHAIRWOMAN HILLER: No, no, that was different. The whole -- no, what was continued was the whole proposal regarding the amendment because more work had to be done on the policy and ordinance changes. And since they were being treated as companions, they were just continued together. But that's a different issue. But it's up to you. You can speak now and then not come back. You can speak now and come back. It's entirely up to you. But we're not -- the motion that's on the table right now is for the $200,000 and not to address the payroll changes. MR. WHITE: I guess I'll come back when that's on the board. I wish that hadn't been taken off, but we'll come back as a group, hopefully, then to address that, because -- UNIDENTIFIED SPEAKER: We'll be back. We're not giving up. CHAIRWOMAN HILLER: It's entirely up to you. Like I said, you're welcome to speak now and then, or you can wait. MR. MILLER: Your next public speaker's Clark Hill. He'll be followed by Nancy Carrington. MR. HILL: Yes, Clark Hill. And I'll just wait until the next meeting and address it at that time. Thank you. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Nancy Carrington is your next speaker. She'll be followed by Mac -- I'm not going to be able to pronounce the last name. And he is no longer here. Is Nancy here? (No response.) Page 228 February 26, 2013 MR. MILLER: Randy Smith? UNIDENTIFIED SPEAKER: He left. MR. WHITE: He was also the same type of conversation. MR. MILLER: Darren Robertshaw. MR. ROBERTSHAW: Good afternoon. My name is Darren Robertshaw. I'm president of Collier Hotel and Lodging Association, and we are also in -- have tourism with us now as well. We are in support, obviously, of the dollars, and we will be back to speak on the other issue as well. CHAIRWOMAN HILLER: Awesome. Thank you. One of the best tri-athletes in Collier County, by the way, just in case anyone was wondering. COMMISSIONER HENNING: Is that it? CHAIRWOMAN HILLER: Any other speakers? MR. MILLER: No. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: I don't have any other comment. CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? (No response.) CHAIRWOMAN HILLER: Motion carries unanimously. MR. WERT: Thank you, Commissioners, for your support. CHAIRWOMAN HILLER: And then, Leo please bring back -- MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- payroll item. Does the court reporter need a break? Yeah. Could we -- we're going to take a 10-minute break, and then we'll be back to discuss the Page 229 February 26, 2013 ATV agenda item. COMMISSIONER HENNING: We only have two more items. Are we going to try to finish up tonight? CHAIRWOMAN HILLER: Yes, we are. We are -- by the way, the meeting will conclude at 6 o'clock tonight, and we will be able to address both those issues in that time, the budget policy and the ATV. (A brief recess was had.) MR. OCHS: Commissioner, you have a live mic. CHAIRWOMAN HILLER: Thank you. Item #1 1 F RECOMMENDATION TO ACCEPT STAFF'S PROGRESS REPORT FOR LOCATING A POTENTIAL ALL TERRAIN VEHICLE (ATV) PARK SITE AND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE TWO ALTERNATE MEMBERS TO THE SEVEN MEMBER ALL TERRAIN VEHICLE (ATV) PARK SITE AD HOC COMMITTEE — MOTION TO EXTEND EXISTENCE OF THE ATV PARK SITE AD HOC COMMITTEE 12 MONTHS, ALLOW THE COMMITTEE TO SEEK LETTERS OF INTEREST THAT MAY INCLUDE PROPERTY BEYOND THE COLLIER COUNTY BORDER, ACCEPT STAFF'S PROGRESS REPORT, CONTACT DADE COUNTY TO AGAIN EXPLORE POSSIBLY USING THE JETPORT PROPERTY AND APPOINTING GREG WESTGATE & ED LUKOSAVICH AS THE TWO ALTERNATIVES TO THE ATV PARK SITE AD HOC COMMITTEE — APPROVED MR. OCHS: Madam Chair, you have a 4 p.m. time-certain that we're a little bit late on. It's 11F. It's a recommendation -- it's a recommendation to accept staffs progress report for locating a potential all-terrain vehicle park site and that the Board of County Page 230 February 26, 2013 Commissioners approves two alternate members to the seven-member All-terrain Vehicle Park Site Ad Hoc Committee. Mr. Casalanguida will present. MR. CASALANGUIDA: Thank you, County Manager. Good afternoon, Commissioners. Your executive summary lays out pretty much all the points. I'm going to just hit some highlights and have the chairman of the committee speak as well, too. Your team that was included for this project was pretty varied. It included our GMD staff, Connie Dean, who's done an excellent job, and myself and some other folks as well; Barry Williams from parks and rec; and real property, Hans Russell and Toni Mott. Now, the ad hoc committee also was started about a year ago, little less. And we have Chairman Joe Pelletier here. We used some outside consulting, very little, just to development some maps. And the community's met about eight times, including some site visits. We evaluated 200 parcels that were identified, and we sent out 73 owner notices, to contact us, to let us know if they were interested. Several expressed interest but after follow-up decided not to pursue an ATV park or even a public-private partnership. The board approved a budget, about $100,000. We've only spent about $30,000; 10,000 to develop maps and do screening and 20,000 of real property. All parks and rec's time and GMB (sic) has not been billed to the account. So we've been pretty prudent about it. The biggest thing is the outcomes we've seen. The committee will tell you -- and the committee chair, I'll ask him to speak in a few moments -- is it's pretty apparent to us that as we come out of this recession, that $3 million will not acquire a parcel or group of parcels to connect it within Collier County as of right now. And even if we did acquire something smaller, just to go through design, construction, and mitigation is pretty excessive. Page 231 February 26, 2013 None of the property owners have really showed interest either in a public-private partnership as well, because we offered that as some of the options if they wanted to take this on. That's pretty much a brief outline, and the executive summary tells you the rest. The committee met last Wednesday, and the agenda had already been printed, so at the end of this I'm going to kind of annunciate three or four points that I'll ask the board to consider. With that, I'll ask Joe to come up and talk a little bit about his experience with us, and then we'll go from there. CHAIRWOMAN HILLER: Thank you. MR. PELLETIER: Good afternoon, Commissioners. I'd just like to ask that -- CHAIRWOMAN HILLER: If you'd please state your name for the record. MR. PELLETIER: My name is Joseph Pelletier, Collier County resident for 17 years. I'd just ask the board to consider allowing the committee to continue on. I believe it was a 12-month commitment we made, and we'd like to extend that. It's going to take longer. We've worked extremely hard up to this point to get to where we are, and none of us want to give up. We think it can be done. CHAIRWOMAN HILLER: Sure. And how much longer would you like? MR. PELLETIER: Another 12 months. CHAIRWOMAN HILLER: Okay. And so I'll make a motion that we extend the existence of this committee for another 12 months to continue exploring opportunities. Okay. COMMISSIONER FIALA: I'll second it. CHAIRWOMAN HILLER: Any discussion? MR. CASALANGUIDA: Commissioners, a little more to add, if I could. Page 232 February 26, 2013 CHAIRWOMAN HILLER: Of course. MR. CASALANGUIDA: Thank you, Joe. I've got to tell you, the committee members have been fantastic, extremely professional, courteous. They've worked every weekend -- CHAIRWOMAN HILLER: And fiscally conservative. MR. CASALANGUIDA: And fiscally conservative -- and they've worked weekends on their own. Joe didn't tell you that, but they've spent quite a bit of time on their own going through the review. So what we have on the recommendation is to appoint the two alternate members, Greg Westgate and Ed Lucusovich (phonetic), so that, hopefully, will be part of your motion, the board accepts the committee's report and staffs report, that we have done a pretty good due diligence within the county, and that we'll continue to look inside the county. But at one of the presentations, when the board asked me to take this on with parks and rec and real property, was that we keep that look within Collier County. And I think when the committee met Wednesday night was the discussion that, while we will still continue to look in Collier County, we will reach out with letters of interest or requests for letters of interest outside the county. CHAIRWOMAN HILLER: Requests for letters of interest. MR. CASALANGUIDA: That's right, just to say, if people would like to, you know, get involved, and if that comes to fruition, we might put out a formal RFP, request for proposal, to work with the county. But I think it's too early to do that. CHAIRWOMAN HILLER: Well, you wouldn't put out an RFP till you came back to the board and report to us what the options are. MR. CASALANGUIDA: Yes, ma'am, that's correct. And that the board extends the committee one year. And I think that would cover everything. CHAIRWOMAN HILLER: So I'll amend my motion to extend Page 233 February 26, 2013 the existence of this committee for one year, to recommend the two alternate members as named, to allow the committee to go out and seek proposals or options -- MR. OCHS: Letter of interest. MR. CASALANGUIDA: Letters of interest. CHAIRWOMAN HILLER: -- letters of interest, options. County Attorney, is that appropriate? Is that the right terminology? I mean, letters of interest somewhat concerns me. I'm not sure that's the right terminology for what they're doing. MR. KLATZKOW: We understand what we're doing here. CHAIRWOMAN HILLER: Well, can we clarify it for the record. MR. KLATZKOW: I don't see any issue with letters of interest, quite frankly. CHAIRWOMAN HILLER: So -- okay. MR. CASALANGUIDA: There's no commitment there with that. CHAIRWOMAN HILLER: Letters of interest that include properties beyond the county border, and -- was there a third? Oh, accept the committee's report. MR. CASALANGUIDA: And then extend the committee for a period of 12 months. CHAIRWOMAN HILLER: I already did that. MR. CASALANGUIDA: That's it. CHAIRWOMAN HILLER: Can I have a second to the amended motion? COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. Thank you for your support on this. Thank you to the committee and Mr. Pelletier for all your work and county staff for what they've done to continue to keep this quest alive. This is something that's been talked about over a decade Page 234 February 26, 2013 now. I'd like to add one more thing, and that is based on a discussion that I had with the committee and with county staff the last time it met here a week or so back, and that is to allow county staff to re-establish contact and to examine if there's still interest from Dade County on the Dade/Collier/Cypress recreation area, which is the old abandoned jetport site, which was fully supported by this board in the past but did not receive support from DCA. So I think there are -- based on what's going on with that property, it's 24,000 acres, which is owned by the Dade County Port Authority or a successor, and it is -- primarily in Collier County. And what they have declared was their intention to convert that site from an aviation use to a recreation use, and people have presented it as a park within a park. So I would like the blessing of the board to go out and reach out and see if we could get in contact with Dade County again to see if there's an opportunity to relook at this. CHAIRWOMAN HILLER: That falls within my motion where I recommend that they go beyond the borders to seek letters of interest, so that would -- and that would be a recommendation of one such letter of interest that you would solicit. Commissioner Henning? COMMISSIONER HENNING: Yeah. I like that idea, because I'm fearful that we're going to get some proposal from a yahoo that has mined his land and wanting to sell it to the county for -- CHAIRWOMAN HILLER: Sure. COMMISSIONER HENNING: -- a purpose that -- you couldn't drive an ATV in a hole with a bunch of water in it. So that's my concern, that we seek out more viable things than trying to bail out somebody who couldn't sell his property to a developer -- CHAIRWOMAN HILLER: Understood. COMMISSIONER HENNING: -- because it's way out there. Page 235 February 26, 2013 CHAIRWOMAN HILLER: Thank you. Do we have any public speakers on this? MR. MILLER: No. CHAIRWOMAN HILLER: There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously, thank you. Item #11G RESOLUTION 2013-59: RECOMMENDATION TO ADOPT THE FISCAL YEAR 2014 PROPOSED BUDGET POLICY — ADOPTED MR. OCHS: Commissioner, 11G is the recommendation to adopt the Fiscal Year 2014 Proposed Budget Policy. Mr. Isackson will present. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRWOMAN HILLER: I can see that all the commissioners read their agenda packet for today's session. COMMISSIONER FIALA: Yeah. CHAIRWOMAN HILLER: The policy hasn't even been stated, and it's already approved. They're all joining me with this overdeveloped sense of urgency. Go ahead. MR. ISACKSON: Oh, I don't really need to put anything on the record. Obviously, Pages 475 to 504 of your packet encompassed the policies that we're looking for for '14. CHAIRWOMAN HILLER: Could you summarize for the Page 236 February 26, 2013 benefit of our viewers what the general proposed policy is so everybody knows what direction we're taking this in? MR. ISACKSON: Well, really, the -- some of the critical ones are, what are we going to do with millage rates? And millage rates we're proposing at millage neutral. Because we're so heavily reliant on property taxes, that -- the policy discusses a lot about taxable value, our tax base, millage rates, and what our history has been and what we think was going to be happening going forward. So millage neutral is our proposal. CHAIRWOMAN HILLER: So for the benefit of the taxpayers, again, our intent is not to raise the millage rate. MR. ISACKSON: That's correct. CHAIRWOMAN HILLER: Is there any discussion? Commissioner Nance? COMMISSIONER NANCE: Yes. I'm fully supportive of the approach. I would like to mention three things which I think are deserving of additional conversation. All of them fall under the category of significant expense assumptions. One of those is something that we talked about a little bit but we didn't really take very far, and that is the healthcare cost sharing, particularly with the property appraiser and the tax collector. That's to the tune of$500,000. The other two are much more significant and certainly on subjects that we -- I know we're going to get into further. One of which is the operation of EMS, which is an expense against the General Fund for the last 12 years in excess of$11 million average. And the third one, and the one that I clearly do not know anything about, but it caught my eye, and I think it's very -- I think everybody should be interested in confirming this, and that is a five-year phased expenditure of$15 million for -- CHAIRWOMAN HILLER: It's 25 million, isn't it? COMMISSIONER NANCE: -- the radio system. Page 237 February 26, 2013 CHAIRWOMAN HILLER: Isn't it 25 million? COMMISSIONER NANCE: It's a ton of money. CHAIRWOMAN HILLER: But it's 25 million total. COMMISSIONER NANCE: It's the 800 megahertz radio system, and that is an investment over an extended period of time in technology. And when we're talking about the sorts of monies that we are talking about expending over time, five years in technology is a lifetime. A whole technology can come and go in five years. So I want to make sure that before we commit ourselves to an expenditure of 15 to 25 million dollars, that we understand clearly that we're heading in the right direction, and we're doing the right thing. And I just want to -- like I say, I have no reason to suspect anything except that I just know how technology is. I watched us build -- you know, an emergency operations center where they were bragging about how much wire they had to put in the building, and now we don't use any wire. So, you know, we need to be careful when we're talking about extended amounts of expenditures on technology. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yeah, just a question. It seems like a twinkling eye ago that we bought another mega-hertz radio system. Was that -- MR. OCHS: No, ma'am. The 800 megahertz public safety radio system supports not only the sheriff dispatch and the sheriff, but also EMS and all of the fire districts in the community. So it's a -- it truly is a countywide integrated public safety radio system. COMMISSIONER FIALA: When was the last time we bought one, though? MR. OCHS: Oh, geez. When did we buy this, John? MR. DALY: John Daly, telecommunications manager, information technology. The system was implemented in 1996, we converted the first users to it. We have done some incremental Page 238 February 26, 2013 improvements since then to stay current. COMMISSIONER FIALA: Yeah, because I remember voting on it. MR. OCHS: It's been around a long time. MR. DALY: To stay current. But the original system and most of the stuff we installed was installed in '96. CHAIRWOMAN HILLER: Can I ask a quick question? MR. DALY: Yeah. CHAIRWOMAN HILLER: And something we should consider in so many instances with respect to technology as quickly as its changing is looking at lease options as opposed to buy options. And you have to look at the financial advantages and disadvantages of lease versus buy. But I think the risk of obsolescence with technology is so high that it might offset the cost because of the obsolescence. It was just a consideration to look at. MR. DALY: Yeah, we would expect the upgrades we're looking at would have a life expectancy of at least 10 years or longer. MR. OCHS: But that's a good option, ma'am, and we will explore all of that. CHAIRWOMAN HILLER: And, basically -- you know, if it minimizes our capital outlay, keeps us ahead of technology -- I mean, they're just basic -- you know, basic capital budgeting decisions that should be considered. MR. OCHS: Commissioner Nance, your comments are well taken, sir, and we'll make sure -- COMMISSIONER NANCE: I'm just concerned. You know, every year you buy, you allow new technology. You know, I don't want to get halfway through this program and have them go, well you know, we don't use that anymore. MR. OCHS: Yeah, same question I had. COMMISSIONER NANCE: And maybe I'm -- like I say, I Page 239 February 26, 2013 know nothing about it, but it's just a long period of time to pay a lot of money on technology. CHAIRWOMAN HILLER: He sounds like Sergeant Schultz. I know nothing. They went to that -- you know, following that, you know, Octudebo goth (phonetic), or whatever he said in German the other day. COMMISSIONER NANCE: Well, we're going to also have to introduce a recommendation that we conduct these meetings in English, I can see that now. CHAIRWOMAN HILLER: Right. Do we have any public speakers? MR. MILLER: No, we do not. CHAIRWOMAN HILLER: Okay. There being no further discussion, all in favor? COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Motion carries unanimously. MR. ISACKSON: Thank you, Commissioners. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, that takes us to Item 15 on your agenda this afternoon, staff and commission general communications. I have no new communications, just to remind the board that we have your first workshop scheduled for March the 5th at 1 p.m., and you'll be receiving your agenda shortly on that. Thank you. CHAIRWOMAN HILLER: Thank you. County Attorney? Page 240 February 26, 2013 MR. KLATZKOW: Nothing. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes. I would like to just discuss with the board some -- an idea of maybe changing the LDC a little bit for new business, to encourage new business to come into town, and that is right now there are new businesses wanting to come into town who have like a signature look, let me say like a McDonald's with the golden arches or Wendy's or Chili's or whatever. But the -- some of the recommendations that we have in place discouraged their own roofline or their own colors, rather, they have to go along with others. And in two instances we might lose restaurants that are of good quality because we don't have a provision where we can deviate from the colors and -- or from the design criteria. So I was just wondering if possibly we could either talk about that to see about changing it or loosen -- loosen our design criteria up or the deviation prospect of that up so we could encourage new businesses from (sic) coming in. CHAIRWOMAN HILLER: Thank you. COMMISSIONER FIALA: That's my first thing. CHAIRWOMAN HILLER: And your second? COMMISSIONER FIALA: And my second one is sometime, not now, but sometime as we climb out of this recession, we're probably going to have to get back to the discussion about landscaping again. I don't know if you're getting a lot of notes, but I know I am saying, well, when are you going to landscape our medians. Immokalee Road. CHAIRWOMAN HILLER: Vanderbilt. COMMISSIONER FIALA: Yeah, Livingston -- CHAIRWOMAN HILLER: Airport. COMMISSIONER FIALA: -- Road extension, yeah, and Santa Barbara. CHAIRWOMAN HILLER: Yep, and -- Page 241 February 26, 2013 COMMISSIONER FIALA: So I think maybe we're going to have to get back to discussion again. CHAIRWOMAN HILLER: Yeah, I think we do. But I think Commissioner Henning wants to respond to your colors comment. You look like you were inching forward there. COMMISSIONER HENNING: Well, I think you need to talk to the county attorney and staff and work with them. Insignia of a sign or color, I think that's protected. But, again, you'll have to work with staff. COMMISSIONER FIALA: Actually -- COMMISSIONER HENNING: I'm sure they can help you out. COMMISSIONER FIALA: Yeah, I did. And they're right now stuck because of colors and roofline, and -- because in this particular activity center, they're not allowed, and -- COMMISSIONER HENNING: Oh, is that in the PUD? They're not allowed in the PUD? COMMISSIONER FIALA: No. It's -- MR. CASALANGUIDA: It's the activity center. COMMISSIONER FIALA: It's the activity center. COMMISSIONER HENNING: Oh, it's Activity Center No. 19. MR. CASALANGUIDA: Number 9, I think it is. COMMISSIONER HENNING: Number 9, yeah. MR. CASALANGUIDA: Yeah, just a little -- COMMISSIONER HENNING: You know, we really -- we do need to do something, I think, with that activity center in particular. MR. CASALANGUIDA: Yeah, it's in the GMP, and I think we've looked at that to what Commissioner -- COMMISSIONER HENNING: It's in the GMP? MR. CASALANGUIDA: Yeah, and that's the kind of thing we're looking at, but I think there -- it allow for deviations, and that's where the code would come in, because I think the conflict now is PUDs aren't allowed to take advantage of that deviation process. So a Page 242 February 26, 2013 lot of those PUDs in there can't. We were -- it was one of those ones that was supported by CBIA, supported by your DSAC, supported by staff. And at the Planning Commission, as part of the last cycle, they kicked it back. They wanted -- rather than do an interim fix, which I think is what Commissioner Fiala was talking about, they wanted the whole thing done, and we said, well, you know, that was their recommendation to the Planning Commission, but staff-- COMMISSIONER HENNING: Okay. Well, that was -- if there's a recommendation from the Planning Commission, they recommend -- make recommendations to the Board of Commissioners. MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: If that's what their recommendations are, bring it forward to the Board of Commissioners. You're going to just bypass what they -- MR. CASALANGUIDA: Understood. COMMISSIONER HENNING: I mean, they can't really give you direction. I mean, they have to really give -- give direction for information and that, but not give direction of the -- MR. CASALANGUIDA: I think that's a great point is we'll bring the interim solutions that were suggested for. That will help out a lot, and then we can rework that whole code section. So I think that -- we can do that. Very good. It's perfect. COMMISSIONER FIALA: Thank you. I appreciate that. That's all. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I just have two things I wanted to mention. One of them goes back to the discussion that we just had about the museum and promoting tourism, and that was -- it's an item I didn't pull from the consent agenda, but it was 16D11 . And what it is is it's a $30,000 expenditure for professional public relations Page 243 February 26, 2013 and marketing for the museum. And I didn't pull it; perhaps I should have. But I just didn't want to hold it up because I didn't want to hurt the museums. But what my message is here is I don't think we're doing a very comprehensive way of marketing our heritage and cultural features in the county, and I hope -- and we'll have a chance to talk with Mr. Wert and his staff about that in the future, but these sorts of expenditures should be rolled up all in that whole marketing piece. It's going to cost very little to add a few gems into our marketing overall for the area to make sure that we get the heritage, the cultural, and the ecotourism in addition to the beaches and the glitzy things that Naples is always known for. So I'm hoping we're going to -- in the end we're going to have a more comprehensive approach to that. The second thing is on the Gordon River Greenway project, which I did support 100 percent, and I asked Mr. Ochs for a little bit of information on the $151,000 in operating and maintenance expenses, which are projected to occur every year for that project. And in the $151,000, in addition to that there's approximately one $40,000 staff member to help with the park, but there's a recurring estimate of$39,000 every year for landscaping maintenance, landscape materials, fertilizer, and chemicals. In my view, the Gordon River Greenway does not require any landscaping that needs to be maintained on a continuous basis. If we want to put landscaping in there, it should be native landscaping that should enhance what's already there. It's supposed to be a natural project. I can't imagine we're going to spend $40,000 every year maintaining landscaping in that park. It's just -- I don't think it's appropriate. I don't think it's what the park's all about. It's supposed to be a natural area. We certainly don't want to get in a situation where we have to be applying fertilizer, herbicides, and chemicals out in that environment. That's an environment around the Conservancy. It's supposed to be a natural Page 244 February 26, 2013 area, so -- COMMISSIONER HENNING: Not to interrupt you. I'm sure it has everything to do with the landscaping requirement around the parking lot. COMMISSIONER NANCE: Well, we need to have our head examined then, if we're going to spend, you know, $390,000 every decade to, you know -- we've got to do better. COMMISSIONER HENNING: Business has been doing that forever in their parking lot. COMMISSIONER NANCE: Well, that's my 2 cents worth. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: I borrowed Commissioner Nance's aide on Saturday, and we went to Immokalee for a number of things, but one thing that Mr. Flanagan took me to have is a gordita. CHAIRWOMAN HILLER: A gordito? COMMISSIONER HENNING: A gordito. CHAIRWOMAN HILLER: Yeah. COMMISSIONER HENNING: At this one place. And he told me it's $2. Well, I'm thinking, well, $2 is not going to feed me. So he got one of them, and I got two. And, anyways, they were so good that I had to eat both of them. CHAIRWOMAN HILLER: Can you tell us where you ate? COMMISSIONER HENNING: At the corner of Main and First. But, anyways, one of the things I wanted to bring up is the guidance that we gave to staff of no anonymous phone calls -- CHAIRWOMAN HILLER: For code enforcement? COMMISSIONER HENNING: -- for code enforcement. Now, I just want to clarify what our guidance was to the Board of Commissioners' staff was we are accepting anonymous phone calls if somebody wants to come in and doesn't want to have -- you know, wants to say something about their neighbor or a family member or something like that. We can choose to take it to code enforcement. Page 245 February 26, 2013 I'm just trying to understand the policy. CHAIRWOMAN HILLER: Us individually or our aides? Because like, for example, my aide was getting all these phone calls where people were claiming, you know, anonymously where there were issues. So they were just circumventing the system. I don't believe that was what was intended. I think you want citizens to come to their individual commissioner and meet with their commissioner if they don't want to make an anonymous complaint so they can talk to their commissioner about it; is that your intent? COMMISSIONER HENNING: My intent was for my district, if they have a concern about retaliation, they can make an anonymous complaint. CHAIRWOMAN HILLER: Through you, personally? COMMISSIONER HENNING: No, through my office. CHAIRWOMAN HILLER: Through your office, okay. COMMISSIONER HENNING: Not personally. CHAIRWOMAN HILLER: Just clarifying. COMMISSIONER HENNING: Yeah. I mean, I just -- because I'm -- what I'm hearing is, our office is rejecting phone calls, so anyways. COMMISSIONER NANCE: Yes. I have received -- I have received them personally and taken action on the ones that I have gotten calls on. COMMISSIONER HENNING: Yeah. COMMISSIONER NANCE: But I haven't done anything without -- I haven't proceeded without examining what the circumstances were and made sure it wasn't a domestic dispute or something of that nature. COMMISSIONER HENNING: And I agree. What it does for me, Commissioner Nance, it allows me to understand what the public is dealing with. Page 246 February 26, 2013 COMMISSIONER NANCE: Yes. COMMISSIONER HENNING: And I might bring some legislation over to, you know, kind of relieve that. COMMISSIONER NANCE: I'm supportive of it. I want to move things forward, but I just wanted to make sure that some of the past offensive things that we'd had were not continuing. CHAIRWOMAN HILLER: Like, you know, snitching code enforcement officers, things like that that, you know, really were upsetting in your community. I don't believe we had that in other districts necessarily, but you had instances before you came on the board where I guess there were individuals who were doing that. COMMISSIONER NANCE: Yes. COMMISSIONER FIALA: Or animal rights or -- CHAIRWOMAN HILLER: Could you -- yeah, and that kind of thing, too. COMMISSIONER FIALA: Where they really feel strongly about being able to -- MR. OCHS: Madam Chair? COMMISSIONER HENNING: Well, I got to say that I received a phone call about an animal, okay, and I'm glad that person took the time to call me because that animal was abused. So, you know, that's a very emotional thing when you talk about animals. And, you know, if somebody wants to -- somebody has a complaint about the animal -- CHAIRWOMAN HILLER: May I make a suggestion, Commissioner Henning, since you're, you know, passionate about this issue and have a lot of good ideas, could you work with the county attorney and the county manager and develop some sort of policy and bring it back, and let's formalize it so it eliminates uncertainty and, you know, possible misinterpretations as to what applies? COMMISSIONER HENNING: Well, let me work with our staff in the office. CHAIRWOMAN HILLER: Okay, sure. And then -- but bring Page 247 February 26, 2013 something back for all of us that -- you know, and for the benefit of the public that clearly delineates what can and can't be done and how it should or shouldn't be done. COMMISSIONER NANCE: We need to reassure the public that there is a mechanism -- CHAIRWOMAN HILLER: Right. COMMISSIONER NANCE: -- that we're not just denying the problem, but that there is a mechanism that's appropriate. CHAIRWOMAN HILLER: Right. COMMISSIONER NANCE: I have no problem with that. COMMISSIONER HENNING: Okay. CHAIRWOMAN HILLER: That sounds great. I have two things to share; both are very positive. COMMISSIONER HENNING: It's 6 o'clock. CHAIRWOMAN HILLER: The first one -- because I want to end on, like, a super high note. So, the first one is really positive. I actually went to see the Addams Family. Remember, Valentine's Day I was telling you all how I do think, like, they're the epitome of romance. And we went to Barbara B. Mann, and we saw the musical, which was really outstanding, right. And on Valen- -- or the meeting before Valentine's Day I told you the single most important word is "surrender," you know; for a good relationship you've got to surrender, or they have to surrender, whichever way you want to look at it. But I have to share with you that I actually learned there's more to it than that, based on the Addams Family. And the two words that came out of the Addams Family musical for, you know, the ultimate relationship were -- it's going to sound like government, and that's where the problem comes in -- trust and transparency. So I was, like, sitting there going, oh, my God. It is, like, so government, all right. I couldn't get it out of my head. I was, like, thinking of work the whole time I was watching the show. It was Page 248 February 26, 2013 outstanding. So here are the three words: Surrender, trust, and transparency. And with that, you can rule the world and any relationship. Now, that's part one. Part two, I have exceptional news. I'm hoping that Friday sunset I can meet you all out at Clam Pass and we can be partying together because Fish and Wildlife has approved our biological opinion, and the Army Corps is currently finalizing it. I think we're going to have the last document in to them by tomorrow, and I am hoping, based on everything I have heard, that by Friday we're going to get the permit. So sunset, Clam Pass, meet me there. COMMISSIONER HENNING: With a shovel. CHAIRWOMAN HILLER: Wear your party hat. With a shovel, with a shovel. So everybody keep your fingers crossed. But it is just so imminent. And I want you to know I made a bet with someone at Whole Foods the other day, and they said, oh, you know, government is terrible, and it will never happen. It will be forever. And I said, oh, you're so wrong. And we bet a bottle of wine. And I told him, you luck out because I can't accept it anyway so, you know, he will get it at the end of the day no matter what. COMMISSIONER NANCE: We're going to put you down on a long list of Floridians that have stood up and said, rejoice, the Army Corps of Engineers is coming? CHAIRWOMAN HILLER: Exactly. COMMISSIONER NANCE: We'll see how that holds up. CHAIRWOMAN HILLER: And as a matter of public record, I must state that Fish and Wildlife has done an exceptional job, the Army Corps has done an exceptional job, our state DEP has done an exceptional job, and our staff has done an exceptional job to expedite this and make this happen. So, like I said, party, 6 o'clock, Clam Pass, Friday night. I'm Page 249 February 26, 2013 hoping. And if not, I will be sorely disappointed. I'm going to call Tunis (phonetic) and tell him I made a public announcement. If you don't deliver -- no, I'm kidding. MR. OCHS: The pressure's on. CHAIRWOMAN HILLER: So -- and that's it. We're done, and it's 6:02. COMMISSIONER HENNING: Motion to adjourn. CHAIRWOMAN HILLER: Do I have a second? COMMISSIONER FIALA: Yes. CHAIRWOMAN HILLER: All in favor? COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER NANCE: Thank you. **** Commissioner Hiller 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 TO FIND THAT WAIVING COMPETITION IS IN THE BEST INTEREST OF THE COUNTY AND HIRING WILCOX APPRAISAL SERVICES TO APPRAISE IMPROVED RESIDENTIAL PARCELS REQUIRED FOR ACQUISITION OF RIGHT-OF-WAYS NECESSARY FOR THE FOUR-LANING OF GOLDEN GATE BOULEVARD, EAST OF WILSON BOULEVARD — FOR A PROPOSED NOT-TO-EXCEED FEE OF $69,000 FOR APPRAISING APPROXIMATELY 25 PARCELS SAVING COSTS BY INCORPORATING PREVIOUS FINDINGS INTO THE APPRAISER'S OPINION ON COMPENSATION Page 250 February 26, 2013 THAT WILCOX APPRAISAL SERVICES DISCOVERED AFTER DOING A 2007 IN-DEPTH MARKET STUDY REGARDING POTENTIAL SEVERANCE DAMAGES Item #16A2 PURCHASE AGREEMENT FOR ACQUISITION OF RIGHT-OF- WAY REQUIRED FROM COLLIER COUNTY WATER-SEWER DISTRICT FOR US 41/COLLIER BOULEVARD INTERSECTION IMPROVEMENTS (ESTIMATED FISCAL IMPACT: $180,200.00) — FOR A 4,938 SQUARE FOOT PARCEL (104FEE) AND REIMBURSING THE CWS DISTRICT FOR ANY FACILITY RELOCATION COSTS THEY HAVE AND ALSO INCLUDES CONVEYING A TEMPORARY CONSTRUCTION EASEMENT TO THE COUNTY FOR THREE (3) YEARS AT NO COST Item #16A3 RESOLUTION 2013-38: FINAL APPROVAL OF PRIVATE ROADWAY & DRAINAGE IMPROVEMENTS FOR HERITAGE BAY UNIT THREE FINAL PLAT, APPLICATION AR-PPL-9903, WITH THE IMPROVEMENTS PRIVATELY MAINTAINED; AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY AND ACCEPTING PLAT DEDICATIONS — IMPROVEMENTS WILL BE MAINTAINED BY THE CDD Item #16A4 RESOLUTION 2013-39: FINAL APPROVAL OF PRIVATE ROADWAY & DRAINAGE IMPROVEMENTS FOR HERITAGE BAY PHASE 2A FINAL PLAT, APPLICATION AR-PPL-9903, WITH IMPROVEMENTS PRIVATELY MAINTAINED; Page 251 February 26, 2013 AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY AND ACCEPTING PLAT DEDICATIONS — IMPROVEMENTS WILL BE MAINTAINED BY THE CDD Item #16A5 CONTRACT #13-6011 IN THE AMOUNT OF $728,578 WITH FLORIDA MARINE CONSTRUCTION, INC., FOR SOUTH MARCO BEACH EROSION CONTROL STRUCTURES — INCLUDES REBUILDING 5 EXISTING ROCK STRUCTURES ON AND OFF SHORE ACCORDING TO ORIGINAL DESIGN SPECIFICATIONS Item #16A6 CONTRACT #13-6009, IN THE AMOUNT OF $630,185 WITH CAVACHE, INC. FOR THE SOUTH MARCO BEACH SAND RENOURISHMENT PROJECT — FOR APPROXIMATELY 77,000 CUBIC YARDS OF BEACH COMPATIBLE SEDIMENT ALONG THE SOUTHERN SHORELINE AND INCLUDES THE OPTION OF USING AN ADDITIONAL 15,000 CUBIC YARDS OF SAND FOR WHAT.WAS LOST FROM TROPICAL STORM DEBBIE FROM THE CAXAMBAS PASS BORROW SITE IF FEMA FUNDS ARE APPROVED ON A TIMELY BASIS Item #16A7 A WORK ORDER UNDER CONTRACT #09-5262-CZ WITH ATKINS NORTH AMERICA, INC. FOR POST-TROPICAL STORM ISAAC PHYSICAL BEACH MONITORING OF THE COUNTY'S MAIN BEACHES FOR A LUMP SUM OF $59,800 AND AUTHORIZING THE COUNTY MANAGER OR HIS Page 252 February 26, 2013 DESIGNEE TO EXECUTE THE WORK ORDER — TO MONITOR STORM DAMAGE ON VANDERBILT, PARK SHORE AND NAPLES BEACHES WITH POSSIBLE REIMBURSEMENT BY FEMA Item #16A8 A WORK ORDER UNDER CONTRACT #09-5262-CZ WITH ATKINS NORTH AMERICAN, INC. FOR A LUMP SUM AMOUNT OF $22,012 — FOR PHYSICAL MONITORING OF DOCTORS PASS TO DETERMINE CURRENT CONDITIONS, EXISTING SHOALING AND POTENTIAL DREDGING SOLUTIONS THAT INCLUDES A BATHYMETRIC SURVEY OF DOCTORS PASS FROM THE MOUTH OF THE GULF OF MEXICO TO THE INTERIOR CHANNEL AND CONSISTENT WITH PREVIOUS BATHYMETRIC SURVEYS OF THE PASS Item #16A9 RESOLUTION 2013-40: EXECUTING AND AUTHORIZING THE CHAIRWOMAN TO SIGN (1) A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR DAVIS BLVD. BUFFER IMPROVEMENTS; (2) A RESOLUTION EVIDENCING BOARD APPROVAL AND AUTHORIZATION FOR THE CHAIRWOMAN TO SIGN THE AGREEMENT; AND (3) A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES HERITAGE GOLF AND COUNTRY CLUB — PART OF THE DAVIS BLVD. ROAD WIDENING PROJECT AT NO COST TO THE COUNTY AND WITH FDOT INSTALLING THE LANDSCAPE BUFFER AND NAPLES HERITAGE GOLF & Page 253 February 26, 2013 COUNTRY CLUB MAINTAINING THE IMPROVEMENTS Item #16A10 — Continued to the March 12, 2013 BCC Meeting (Per Agenda Change Sheet) CONTRACT #09-5278 CHANGE ORDER 5, WITH STANLEY CONSULTANTS, INC. IN THE AMOUNT OF $350,000 AND ADDING 413 DAYS (PHASE I) FOR DESIGN & RELATED SERVICES FOR INTERSECTION CAPACITY IMPROVEMENTS AT US41 & SR/CR 951 INTERSECTION AND RESURFACING, RESTORATION AND REHABILITATION (3R) ROADWAY IMPROVEMENTS TO SR 951 PROJECT #60116 Item #16A1 1 RESOLUTION 2013-41 : DECLARING A PUBLIC HEARING TO CONSIDER PETITION AVESMT-PL20120002638, VACATING A PORTION OF 30-FOOT EASEMENTS FOR PUBLIC ROAD RIGHT-OF-WAY AS RECORDED IN OR BOOK 3537, PAGE 1017, OR BOOK 764, PAGE 1667 AND OR BOOK 166, PAGE 752 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA — WILL BE ADVERTISED FOR A FUTURE BOARD MEETING Item #16Al2 RESOLUTION 2013-42: ACCEPTING A SPEED LIMIT STUDY REPORT AND AUTHORIZING RAISING THE SPEED LIMIT ON COUNTY ROAD 858 FROM OIL WELL TO IMMOKALEE ROAD (CR 846) FROM 45 (FORTY—FIVE) MPH TO 55 (FIFTY- FIVE) MPH AT AN APPROXIMATE COST OF $400 — AN ENGINEERING AND TRAFFIC STUDY FOUND A HIGHER SPEED LIMIT OF 55 MPH WAS WARRANTED Page 254 February 26, 2013 Item #16A13 RESOLUTION 2013-43: DECLARING A PUBLIC HEARING TO CONSIDER PETITION VAC-PL20120002668,VACATING A PORTION OF A 15-FOOT WIDE DRAINAGE EASEMENT, BEING A PART OF LOTS 77 AND 78, QUAIL WEST PHASE III, UNIT 7, PLAT BOOK 46, PAGES 89 THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA — WILL BE ADVERTISED FOR A FUTURE BOARD MEETING Item #16A14 AFTER THE FACT APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS TO DISPOSE OF SURPLUS PROPERTY (DUCTILE IRON PIPE AND SPACERS) ASSOCIATED WITH UNUSABLE MATERIAL FROM THE GATEWAY TRIANGLE STORMWATER IMPROVEMENTS PHASE II, PROJECT #51803 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A15 DETERMINING $350,000 IS AN ELIGIBLE AMOUNT FOR COSTS ASSOCIATED WITH THE FY13 HIDEAWAY BEACH EROSION CONTROL STRUCTURE PROJECT BASED ON THE JANUARY 16, 2013 PROPORTIONALITY ANALYSIS BY COASTAL ENGINEERING CONSULTANTS REVIEWED BY COLLIER COUNTY STAFF, MAKE A FINDING THE ITEM PROMOTES TOURISM AND APPROVE NECESSARY BUDGET AMENDMENTS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B1 Page 255 February 26, 2013 AMENDING THE FY 13 BUDGET FOR THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY-BAYSHORE GATEWAY TRIANGLE (CRA) TO INCLUDE FUNDING POST DESIGN ENGINEERING SERVICES FOR THE GATEWAY TRIANGLE'S RESIDENTIAL TERTIARY STORMWATER PROJECT — UTILIZING $33,500 IN FY12 CARRYFORWARD TO CONTINUE THE STILL UNDERWAY PROJECT Item #16B2 AWARD INVITATION TO BID #12-5966, CARSON ROAD SIDEWALK IMPROVEMENTS, TO QUALITY ENTERPRISES USA, INC. IN THE AMOUNT OF $134,395.77 AND AUTHORIZE THE CHAIRWOMAN TO SIGN THE AGREEMENT — FOR A NEW SIDEWALK ON THE WEST SIDE OF CARSON ROAD FROM LAKE TRAFFORD ROAD TO WESTCLOX STREET Item #16B3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) ACTING IN ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE AFTER-THE- FACT SUBMITTAL OF A DISASTER RECOVERY INITITATIVE (DRI) GRANT APPLICATION TO COLLIER COUNTY DEPARTMENT OF HOUSING, HUMAN AND VETERAN SERVICES (HHVS) FOR GRANT FUNDING IN THE AMOUNT OF $503,900 FOR SIDEWALKS AND DRAINAGE SYSTEM IMPROVEMENTS IN THE IMMOKALEE CENTRAL BUSINESS DISTRICT — ON COLORADO AVENUE AND SOUTH FIFTH STREET IN IMMOKALEE Item #16B4 Page 256 February 26, 2013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) ACTING IN ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVES SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION TO COLLIER COUNTY HOUSING & HUMAN SERVICE DEPARTMENT FOR ADDITIONAL GRANT FUNDS IN AN AMOUNT OF $83,000 TO SUPPORT IMPLEMENTATION OF SERVICES PROVIDED BY THE IMMOKALEE BUSINESS DEVELOPMENT CENTER (IBDC) AND AUTHORIZE THE CRA BOARD CHAIRMAN TO EXECUTE A SUBRECIPIENT AGREEMENT ACCEPTING THE GRANT — FUNDS AWARDED WILL BE USED TO SUPPORT ENTREPRENEUR ACTIVITIES, PROVIDE TECHNICAL ASSISTANCE, AND FOR WORKSHOPS AND TRAINING Item #16C1 AWARD AGREEMENT #12-5972, LIME SLUDGE HAULING AND DISPOSAL TO PROLIME CORPORATION — TO DISPOSE OF THE BYPRODUCT FROM THE LIME SOFTENING WATER TREATMENT PROCESS AT THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT TO MEET FDEP COMPLIANCE FOR AN APPROXIMATE ANNUAL FY COST OF $185,000 Item #16C2 — Moved to Item #11J (Per Commissioner Henning during Agenda Changes) Item #16D1 SATISFACTION OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) IN Page 257 February 26, 2013 ACCORDANCE WITH THE BOARD'S SHORT SALE POLICY — REPAYING THE SHIP GRANT FUND $938.70 FOR PROPERTY AT 1961 ROOKERY BAY DRIVE #403, NAPLES Item #16D2 ADOPTING INCENTIVE STRATEGIES RECOMMENDED BY THE AFFORDABLE HOUSING ADVISORY COMMITTEE TO INCORPORATE IN THE 2013-2016 LOCAL HOUSING ASSISTANCE PLAN (LHAP) UNDER THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR APPROVAL AT A FUTURE BOARD MEETING — WILL BE PRESENTED TO THE BOARD & ADOPTED BY RESOLUTION AT THE FINAL MEETING IN APRIL TO MEET A STATUTORY SUBMITTAL DEADLINE OF MAY 2, 2013 TO THE FLORIDA HOUSING FINANCE CORPORATION Item #16D3 (2) SATISFACTIONS OF MORTGAGE FOR REPAYMENT OF LOANS AWARDED THROUGH THE STATE HOUSING INITIATIVES PARTNERSHIP "SHIP" PURCHASE ASSISTANCE PROGRAM IN THE AMOUNT OF $5,500 — FOR PROPERTY AT 3311 EUROPA DRIVE, UNIT 325, NAPLES AND 2841 47TH TERRACE SW, NAPLES Item #16D4 RELEASE OF LIEN FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNIT THAT HAS BEEN REPAID IN FULL — $8,947.84 HAS BEEN REPAID TO COLLIER Page 258 February 26, 2013 COUNTY FOR THE 2006 AGREEMENT FOR PROPERTY AT 4420 BOTANICAL PLACE CIRCLE #205, NAPLES Item #16D5 AWARD INVITATION TO BID #13-5991, COMCAST GULFSHORE DRIVE UNDERGROUND CONVERSION, IN THE AMOUNT OF $347,535.46 TO CABLE WIRING SPECIALISTS INC. — TO REMOVE AND RELOCATE ABOVE GROUND COMCAST UTILITIES FOR UNDERGROUND CONVERSION ON GULFSHORE DRIVE AND ADJOINING SIDE-STREETS Item #16D6 A BUDGET AMENDMENT IN THE AMOUNT OF $17,886.87 RECOGNIZING FUNDS RECOVERED IN CONNECTION WITH A COLLIER AREA TRASIT BUS SHELTER CLAIM — FOR AN AUTO ACCIDENT IN 2011 INVOLVING A BUS SHELTER ON THE WEST SIDE OF SANTA BARBARA BOULEVARD, SOUTH OF PRINCE ANDREW BOULEVARD Item #16D7 A DONATION AGREEMENT WITH LIEBIG MANAGEMENT, INC. AND ACCEPTING A WARRANTY DEED TO CONVEY 112 SQUARE FEET, MORE OR LESS (PARCEL 264FEE) FOR PUBLIC TRANSPORTATION IMPROVEMENTS — TO PROVIDE A SAFE WAITING AREA, ALLOW ADA ACCESS TO THE EXISTING BUS STOP AND ADD AMENITIES ALONG DAVIS BLVD. ON PROPERTY IDENTIFIED AS FOLIO #70720400101 Item #16D8 Page 259 February 26, 2013 CHAIRWOMAN TO SIGN AN EXHIBITION AGREEMENT WITH THE MENNELLO MUSEUM OF AMERICAN ART IN ORLANDO, FLORIDA, AND A BUDGET AMENDMENT RECOGNIZING AND APPROPRIATING $6,000 IN MUSEUM REVENUE TO EXHIBIT WORK FROM COLLIER COUNTY MUSEUM'S ROB STORTER ART COLLECTION IN ORLANDO FROM MAY 1, 2013 TO JANUARY 6, 2014, WITH MENNELLO MUSEUM PAYING FOR ALL INSURANCE, SHIPPING AND HANDLING COSTS Item #16D9 MODIFIED MEMORANDUMS OF UNDERSTANDING WITH THE SWFL WORKFORCE DEVELOPMENT BOARD, INC. FOR PARK & REC'S "MIRACLE PLUS 1 AND MIRACLE PLUS 2 PROGRAMS", ADDING "SNACKS" AS A REIMBURSABLE EXPENSE UNDER SECTION II OF POLICY PROVIDE SWIM LESSONS/SAFETY AND REC CAMPS TO CHILDREN IN IMMOKALEE AND HIS YEAR WILL BE MARCH 11-14 AND JUNE 10-20, 2013 AT THE IMMOKALEE SPORTS COMPEX Item #16D10 REJECT INVITATION TO BID #12-5962, FOREST LAKES MSTU SIDEWALK, LIGHTING & LANDSCAPE PROJECT — BIDS EXCEEDED THE MSTU'S BUDGET AND WERE CONDUCTED WITHOUT ALTERNATES, THAT MAY HAVE PROVIDED FOR MODIFIED BIDS AND WILL BE RE-BID WITH A REDUCED SCOPE TO MEET BUDGET CONSTRAINTS Item #16D11 Page 260 February 26, 2013 CHANGE ORDER 2 TO CONTRACT #11-5725 WITH LOU HAMMOND & ASSOCIATES, INC. FOR PUBLIC RELATIONS AND MARKETING SERVICES FOR COLLIER COUNTY MUSEUMS FOR AN ANNUAL AMOUNT OF $30,000 — USING PUBLICITY TOOLS IN THE SCOPE OF SERVICES UNDER CONTRACT #11-5725 TO BROADEN THE MUSEUM'S APPEAL TO LOCAL, NATIONAL AND INTERNATIONAL VISITORS Item #16D12 RESOLUTION 2013-44: CONSENTING TO THE TRANSFER OF AN AFFORDABLE HOUSING MULTIFAMILY DEVELOPMENT KNOWN AS SADDLEBROOK VILLAGE APARTMENTS ON DAVIS BOULEVARD AND APPROVING ASSIGNMENT AND ASSUMPTION OF THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT — AS DETAILED IN THE EXECUTIVE SUMMARY AND ADOPTED WITH CHANGES Item #16E1 RATIFYING PROPERTY, CASUALTY, WORKER'S COMP AND SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR FOR THE FIRST QUARTER OF FY13 AND PURSUANT TO RESOLUTION 2004-15 Item #16E2 PURCHASE OF MEDICATION BY EMS USING CONTRACT #09-5217 DUE TO DRUG SHORTAGES AND VOLATILE MARKET PRICES AND TO UTULIZE A MODIFIED 2-QUOTE SOLICITATION PROCESS — WILL ALLOW STAFF TO PURCHASE DRUGS OFF CONTRACT WHEN THEY ARE Page 261 February 26, 2013 UNAVAILABLE AT CONTRACT PRICES OR THE VENDOR IS UNABLE TO PROVIDE THEM Item #16E3 SETTLEMENT FOR NEGLIGENCE CLAIM #22-02151201177 WITH LIZ PFUNDER IN AN AMOUNT OF $19,000 — ROUGHLY HALF THE CLAIM AMOUNT WITH NO ADMISSION OF LIABILITY BY THE COUNTY AND EACH PARTY AGREEING TO PAY THEIR OWN COSTS Item #16E4 REQUEST PROPOSALS FOR THE ANALYSIS FROM EAST NAPLES FIRE DISTRICT & MARCO ISLAND FIRE DISTRICT FOR THE OPERATIONAL MANAGEMENT OF THE ISLES OF CAPRI FIRE DISTRICT — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F1 — Continued to the March 12, 2013 BCC Meeting (Per Agenda Change Sheet) CONTRACT #09-5174 AMENDMENT 2, MANAGEMENT OF PELICAN BAY SERVICES WITH DORRILL MANAGEMENT GROUP, TO INCREASE NUMBER OF HOURS PER MONTH, FEES AND EXTENDING THE CONTRACT TERM AN ADDITIONAL TWO (2) YEARS; AND AUTHORIZE THE CHAIRWOMAN TO APPROVE THE AMENDMENT Item #16F2 STAFF TO PREPARE AND SUBMIT DECLARATIONS OF Page 262 February 26, 2013 CONTINUED USE TO MAINTAIN SERVICE MARK REGISTRATIONS WITH THE UNITED STATES PATENT & TRADEMARK OFFICE TO PRESERVE COUNTY TOURISM RELATED ADVERTISING, LOGOS, PHRASES AND SLOGANS — FOR EXCLUSIVE USE OF THE LOGOS "NAPLES MARCO ISLAND EVERGLADES PARADISE COAST", "PARADISE COAST BLUEWAY" AND "PARADISE COAST BLUEWAY- COLLIER COUNTY PADDLING TRAIL" AND PROVIDING THE COUNTY WITH ADDITIONAL LEGAL PROTECTION WHEN THE LOGOS/PHRASES ARE USED IN ADS OUTSIDE THE STATE WITH A COST OF $100.00 PER DECLARATION Item #16F3 RESOLUTION 2013-45: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO FY 12-13 ADOPTED BUDGET Item #16F4 A BUDGET AMENDMENT REPORT IMPACTING RESERVES IN AN AMOUNT UP TO AND INCLUDING $25,000 AND A BUDGET AMENDMENT MOVING FUNDS — BA #13-209, COURT IT FEES FOR COMPUTER EQUIPMENT FOR THE STATE ATTORNEY'S OFFICE Item #16F5 ADOPTING A SET OF GUIDING PRINCIPLES FOR COLLIER COUNTY THAT WILL APPLY TO RESTORE ACT FUNDING AND DIRECTING STAFF TO COORDINATE A SELECTION COMMITTEE TO REVIEW PROPOSED PROJECTS — AS Page 263 February 26, 2013 DETAILED IN THE EXECUTIVE SUMMARY Item #16G1 AUTHORIZING THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR TO EXECUTE AN AMENDMENT TO THE IMMOKALEE AIRPORT HANGAR LEASE AGREEMENT BETWEEN THE AIRPORT AUTHORITY & SHERIFF'S OFFICE TO CORRECT A SCRIVENER'S ERROR — CHANGING THE $1,479.03 MONTHLY FEE TO THE CORRECT MONTHLY FEE OF $1,497.03 Item #16G2 — Moved to Item #14A1 (Per Agenda Change Sheet) Item #16H1 CONTINUED FROM THE FEBRUARY 12, 2013 BCC MEETING. COMMISSIONER HILLER'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE BEACH BALL GALA FOR THE CHILDREN'S ADVOCACY CENTER FEBRUARY 23, 2013. $100 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET — HELD AT NAPLES BEACH HOTEL, 851 GULF SHORE BOULEVARD NORTH, NAPLES, FLORIDA Item #16H2 COMMISSIONER HILLER'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE LAWS OF LIFE EVENT ON FEBRUARY 27, 2013 AT NAPLES HILTON. $45 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET — Page 264 February 26, 2013 LOCATED AT 5111 TAMIAMI TRAIL N, NAPLES Item #16H3 COMMISSIONER HILLER'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE 2ND ANNUAL AVE MARIA UNIVERSITY SCHOLARSHIP DINNER FEBRUARY 21, 2013. $107 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET — HELD AT THE RITZ CARLTON, 280 VANDERBILT BEACH ROAD, NAPLES, FLORIDA Item #16H4 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE TWIN THOUGHTS ONE MESSAGE LUNCH ON FEBRUARY 15, 2013. $60 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H5 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED A CREATING TIMELESS TRAVEL MEMORIES EVENT FEBRUARY 18, 2013. THE SUM OF $25 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H6 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC Page 265 February 26, 2013 PURPOSE. SHE ATTENDED THE 12TH ANNUAL MEN OF DISTINCTION AWARD CELEBRATION FEBRUARY 7, 2013. THE SUM OF $125 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H7 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE FOUNDATION FOR THE DEVELOPMENTALLY DISABLED 2013 GALA & AUCTION FEBRUARY 23, 2013. THE SUM OF $50 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H8 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE NAPLES PLAYERS 60TH ANNIVERSARY CELEBRATION MARCH 18, 2013. $100 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16J1 DISBURSEMENTS FOR THE PERIOD OF JANUARY 26, 2013 THROUGH FEBRUARY 1, 2013AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 2, 2013 THROUGH FEBRUARY 8, 2013 AND FOR SUBMISSION INTO Page 266 February 26, 2013 THE OFFICIAL RECORDS OF THE BOARD Item #16J3 DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 9, 2013 THROUGH FEBRUARY 13, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J4 — Added (Per Agenda Change Sheet) DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 14, 2013 THROUGH FEBRUARY 20, 2013 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16K1 MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED AGREEMENT AWARDING FULL COMPENSATION, ATTORNEY FEES AND EXPERT FEES AND COSTS IN THE AMOUNT OF $101,286.30 FOR PARCEL 156DE AND 156TCE IN THE LAWSUIT STYLED COLLIER COUNTY V. MAX CAP, INC., ET AL., CASE NO. 12-CA- 1749 (US41 DITCH/NAPLES MANOR CANAL/LASIP PROJECT #51101) (FISCAL IMPACT: $68,656.30) ****Commissioner Henning moved, seconded by Commissioner Nance and carried unanimously that the following items under the Summary Agenda be adopted **** Item #17A Page 267 February 26, 2013 RESOLUTION 2013-46: PETITION VAC-PL20120002180, TO DISCLAIM, RENOUNCE AND VACATE COUNTY AND PUBLIC INTEREST IN A PORTION OF THE UNIMPROVED DAVILA STREET RIGHT-OF-WAY, RECORDED IN OFFICIAL RECORD BOOK 144, PAGES 634-635, OFFICIAL RECORD BOOK 183, PAGE 359, AND THAT PART OF DAVILA STREET AS SHOWN ON THE PLAT OF GREEN HERON ACRES, RECORDED IN PLAT BOOK 22, PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, ALL BEING A PART OF THE BUTTONWOOD PRESERVE RPUD, BEING MORE SPECIFICALLY SHOWN IN EXHIBIT "A" Item #17B RESOLUTION 2013-47: PETITION AVPLAT-PL20120002420, TO DISCLAIM, RENOUNCE AND VACATE COUNTY AND PUBLIC INTEREST IN A PORTION OF THE SOUTHERLY 10-FEET OF AN EXISTING 20-FOOT DRAINAGE EASEMENT LOCATED IN TRACTS D AND E, NORTHBROOKE PLAZA, AS RECORDED IN PLAT BOOK 31, PAGES 65 THROUGH 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT "A" Item #17C RESOLUTION 2013-48: PETITION VAC-PL20120002673A, VACATING A PORTION OF A 12-FOOT WIDE DRAINAGE & UTILITY EASEMENT, BEING A PART OF LOTS 30 AND 31, Page 268 February 26, 2013 BLOCK 217 OF GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 THROUGH 134 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Item #17D RESOLUTION 2013-49: PETITION VAC-PL20120002591, TO REMOVE COUNTY INTEREST IN AN EXISTING DRAINAGE EASEMENT, BEING A PART OF TRACT "A" OF 3500 CORPORATE PLAZA, PLAT BOOK 44, PAGES 23 THROUGH 24 OF PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT "A" Item #17E RESOLUTION 2013-50: ESTABLISHING A PUBLIC TRANSIT ADVISORY COMMITTEE Item #17F ORDINANCE 2013-22: AMENDING ORDINANCE 2009-23, "REGULATION OF OUTDOOR BURNING AND INCENDIARY DEVICES DURING DROUGHT CONDITIONS ORDINANCE," TO ALLOW THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO DECLARE A BURNING BAN ON BEHALF OF THE BOARD IN ABSENTIA AND TO CLARIFY CERTAIN PROVISIONS OF THE ORDINANCE Item #17G Page 269 February 26, 2013 RESOLUTION 2013-51 : APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO FY12-13 ADOPTED BUDGET Item #17H RESOLUTION 2013-52: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FY12-13 BUDGET IN CONNECTION WITH CLERK'S PAY PLAN ADJUSTMENTS ***** Page 270 February 26, 2013 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:02 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONIN APPEALS/EX OFFICIO GOVE ' ► ING BOARD(S) OF SPEC /A *1ST ' , CTS UNDER ITS CONTROL 1 A A GEO 'f'A'AV ILLER, ESQ., CHAIRWOMAN ATTEST: DWIGHT E. BROCK, CLERK bc.A r 1 . ■ 0.0 D.C . tt. t as to ciiimaifs. signItuxe only . These minutes appr ved by the Board on ?f '214.1/03 p as presented V or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 271