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BCC Minutes 05/27/2014 R BCC REGULAR MEETING MINUTES May 27, 2014 May 27, 2014 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida May 27, 2014 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tom Henning Fred Coyle Donna Fiala Georgia Hiller Tim Nance ALSO PRESENT: Leo E. Ochs, Jr., County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Tim Durham, Executive Manager of Business Operations Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 May 27, 2014 9:00 AM Commissioner Tom Henning - BCC Chair, District 3 Commissioner Tim Nance - BCC Vice-Chair, District 5 Commissioner Donna Fiala - CRAB Chair, District 1 Commissioner Georgia Hiller - Community & Economic Dev. Chair, District 2 Commissioner Fred W. Coyle - CRAB Vice-Chair, District 4 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 May 27, 2014 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 FACILITIES MANAGEMENT DEPARTMENT. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Sheila Zellers - Motivated By Love Ministries®, Inc. 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation recognizing the 70th anniversary of D-Day. To be accepted by Collier County Museum Director Ron Jamro, staff and Bridgette van den Hove-Smith, President of the Friends of the Museum. Sponsored by Page 2 May 27,2014 Commissioner Fiala. B. Proclamation designating May 2014 as National Bike Month. To be accepted by members of the Naples Pathways Coalition, Jane Cheffy, Deb Chesna, Cathy Faerber, and Patrick Ruff. Sponsored by Commissioner Hiller. 5. PRESENTATIONS A. Presentation by Jack Mulvena, Executive Director of the Naples Zoo, regarding the proposed "Gateway to Naples" project. 6. PUBLIC PETITIONS A. Public Petition request from Mr. Peter Tierney requesting that the Board designate the trees growing in his yard as "specimen trees" and allow them to remain. Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item #8 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS A. This item has been continued to the June 10, 2014 BCC Meeting This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2001-09, the Pine Ridge Center West Planned Unit Development by amending Section 3.3, Permitted Uses, to add as a permitted use new and used car dealerships; and providing an effective date. The subject property, consisting of 8.87+/- acres, is located south of Pine Ridge Road and east of Livingston Road in Section 18, Township 49 South, Page 3 May 27, 2014 Range 26 East, Collier County, Florida. [PUDA-PL20130001919] 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. Recommendation to approve and authorize the Chairman to sign a Local Area Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to receive reimbursement in the amount of $9,549,116 for Design, CEI and Construction services to add new bridges in Golden Gate Estate at 8th Street NE, 16th Street NE and 47th Avenue NE; execute a Resolution memorializing Board action and authorize all necessary budget amendments. Project No. 33340. (Marlene Messam, Transportation Engineering Senior Project Manager) B. Recommendation to approve and authorize Pelican Bay Services Division to prepare, sign and submit a Nationwide Permit for maintenance dredging of Clam Pass due to concerns about the critical condition of the Pass, approve necessary budget amendments and make a finding that this project promotes tourism. (Neil Dorrill, Pelican Bay Services Division Administrator) C. This item to be heard at 10:00 a.m. This item was continued from the May 13, 2014 BCC Meeting. Recommendation to direct staff to bring back an expedited amendment to Land Development Code (LDC) Section 2.03.07.G.6.b, adjusting the date for program participation regarding Immokalee Nonconforming Mobile Home Parks to January 9, 2020. This item was approved for reconsideration at the April 22, 2014 BCC Meeting, Item #10A. (Nick Casalanguida, Growth Management Administrator) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY Page 4 May 27, 2014 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule 16. CONSENT AGENDA - ALL MATTERS LISTED UNDER THIS ITEM ARE CONSIDERED TO BE ROUTINE AND ACTION WILL BE TAKEN BY ONE MOTION WITHOUT SEPARATE DISCUSSION OF EACH ITEM. IF DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, THAT ITEM(S) WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A. GROWTH MANAGEMENT DIVISION 1) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Naples Reserve, Phase II, (Application Number PPL-PL20130002124) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Fiddler's Creek, Marsh Cove Phase 1, (Application Number PL20130002041) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Quarry Phase 6, (Application Number PL20140000127) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) This item requires that ex parte disclosure be provided by Page 5 May 27,2014 Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Faith Landing Phase Three (Application Number PPLA20140000050), approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) Recommendation to approve a Utility Reimbursement Agreement with the Florida Power & Light Company ("FPL"), which allows FPL's facilities that are in conflict with proposed roadway improvements on Collier Boulevard from Green Boulevard to Golden Gate Boulevard to remain in place, Project No. 68056. (Estimated fiscal impact: $169,812) 6) Recommendation to approve final acceptance of the water and sewer utility facilities for Triangle Plaza at Lely Resort, PL20110000231, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$9,438.91 to the Project Engineer or Developer's designated agent. 7) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$321,360 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20130000792) for work associated with Esplanade at Hacienda Lakes Phase One. 8) Recommendation to authorize the Clerk of Courts to release Performance Bond No. 5021251 in the amount of$38,945 which was posted as a guaranty for Excavation Permit Number 59.935, (PL20110002184) for work associated with Marbella Lakes. 9) Recommendation to authorize the Clerk of Courts to release a security in the amount of$25,000 which was posted as a development guaranty for work associated with GFS Marketplace. (PL20120002210) 10) 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 Page 6 May 27, 2014 approve an Easement Use Agreement for Lot 58, Block C, Hammock Isles which was approved by the Board of County Commissioners on June 10, 2003, and recorded at Plat Book 40, Pages 40 through 47. 11) Recommendation to approve and execute a Local Agency Program Agreement with Florida Department of Transportation (FDOT) in which Collier County would be reimbursed up to $400,000 for the installation of advance intersection signs, a Resolution allowing the Chairman to sign the Agreement and authorization to approve the necessary budget amendment. 12) Recommendation to approve a Transportation Post Project Maintenance Agreement between Florida Department of Transportation (FDOT) and Collier County for maintenance of brick pavers installed on SR84 (Rd ID 03030001) from mile-post 4.084 to 5.493 for a total of 7,442 linear feet upon completion of Financial Project #195416-4-52-0. 13) Recommendation to approve a Florida Department of Transportation (FDOT) Highway Lighting Agreement and Resolution for the maintenance of an FDOT owned roadway lighting system on SR84 (Davis Boulevard), from Florida Club Circle to Falling Waters Boulevard, and agreeing this is to be maintained by the Traffic Operations Section of the Transportation Engineering Department. 14) Recommendation to approve a Florida Department of Transportation (FDOT) FY14/15 Work Order whereby FDOT provides compensation in an estimated annual amount of$287,484.95 to Collier County for providing maintenance of FDOT owned Roadway Lighting Systems under the State Highway Lighting Maintenance, and Compensation Agreement. 15) Recommendation to approve the award of Contract #14-6190 to Agnoli, Barber and Brundage, Inc., CH2M Hill Engineers, Inc., Johnson Engineering Inc., and RWA, Inc. for professional design and related services for the "Golden Gate City Stormwater Drainage Improvement Project Engineering Design", Project Number 50129. On March 25, 2013, the Board of County Commissioners approved the recommended short-list of consultants and directed negotiations with the four top ranked firms. Page 7 May 27, 2014 16) Recommendation to approve and authorize the Chairman to sign an amended Collier County Landscape Maintenance Agreement between Collier County and the Strand Master Property Owner's Association for a landscape planting buffer along Veterans Memorial Blvd., and reduce the Right-of-Way permit fee from $2,000 for a commercial large residential development to $200 for a residential landscaping site, consistent with previous Board actions. 17) Recommendation to approve the award of Contract #13-6085 to Kisinger Campo & Associates, Corp., for professional design and related services for the "Vanderbilt Drive Bridge Replacements," CR301 Bridges - Bridge Number 030177 and 030178, Project No. 66066 in the amount of$674,270.29. On June 25, 2013, the Board of County Commissioners approved the recommended short-list of consultants and directed negotiations with the top ranked firm, Kisinger Campo & Associates, Corp. 18) Recommendation to recognize FY14/15 Transportation Disadvantage Planning Grant funding in the amount of$25,941 to the Collier Metropolitan Planning Organization (MPO) from the Commission for the Transportation Disadvantaged and to authorize the necessary budget amendment. 19) Recommendation to approve the Collier Metropolitan Planning Organization's (MPO) Operating Budget for FY 14/15, and a budget amendment to recognize grant revenues in the amount of$843,291. 20) Recommendation to approve a release of lien with an accrued value of $63,862.38 for payment of$10,112.38, in the code enforcement action entitled Board of County Commissioners v. Federal National Mortgage Association, Special Magistrate Case No. CEPM20130002731, relating to property located at 116 Santa Clara Drive, Unit 5, Collier County, Florida 21) Recommendation to set the public hearing date of September 9, 2014 for consideration of a Development of Regional Impact (DRI) Development Order Abandonment for The Town of Ave Maria DRI Project, Petition Number DRIABN-PL20130002016, located on the north side of Oil Well Road, the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR-846). The Page 8 May 27, 2014 property lies within Sections 4-9 & 16-18, Township 48 South, Range 29 East and Sections 31-33 Township 47 South, Range 29 East. 22) Recommendation to award supplemental construction contracts to Preferred Materials, Inc., and M&M Asphalt Maintenance, Inc., for RFP #12-5864S, "Annual Roadway Contractors". 23) Recommendation to provide after-the-fact approval for the 2014 TIGER VI Discretionary Grant application, sponsored by United States Department of Transportation for all planning and pre- construction activities for the second and third phases of the Golden Gate Blvd. widening project in the amount of$2,000,000. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation the Board authorize expenditure of Haldeman Creek MSTU funds to pay for notices sent by mail to all Haldeman Creek property owners of the proposed Haldeman Landing Boat Dock Extension Project. C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve a work order for $591,159 to Mitchell & Stark Construction Company, Inc., under Request for Quotation #08- 5011-117 for Underground Utility Contracting Services for the Naples Park 97th Avenue North Water and Gravity Sewer Main Replacement Project, Project Numbers 70043 and 71010. 2) Recommendation to approve a work order for $472,333 to Douglas N. Higgins, Inc., under Request for Quotation #08-5011-115 for Underground Utility Contracting Services for the South County Water Reclamation Facility Proposed 30" and 24" Force Main and Master Pump Station 306 Force Main - Phase IV Project, Project No. 70044. 3) Recommendation to approve the termination and release of temporary construction easements acquired for water and sewer facilities construction in the case titled Collier County v. Lord's Way Realty, LLC, et al. 4) Recommendation to authorize a budget amendment of$1,200,000 to Page 9 May 27,2014 move funds from Project No. 73950, NCWRF Bridge the Gap Project, to Collections Power Systems Technical Support Project No. 70051. 5) Recommendation to approve a work order for $207,790 to Douglas N. Higgins, Inc., under Request for Quotation #08-5011-116 for Underground Utility Contracting Services for the Thomasson Drive 24" Force Main, Project Number 70044. 6) Recommendation to approve a Change Order to Contract #12-5883, Master Pumping Station 312 "Professional Services during Construction" with Agnoli, Barber and Brundage in the amount of $39,848, Project Number 72549. 7) Recommendation to approve Change Order No. 4, No. 5, and No. 6 to Contract #13-6026 with Poole & Kent Company of Florida in the amount of$48,489.18 for the "NCRWTP Membrane Replacement and Interstage Booster Project," Project No. 71057. 8) Recommendation to authorize advertising of an ordinance amending Ordinance No. 2002-17, Collier County Water Irrigation Ordinance, to maintain compatibility with the South Florida Water Management District's, Mandatory Year-Round Landscape Irrigation Conservation Measures, as amended, and providing for the repeal of Ordinance No. 2000-61, as redundant. 9) Recommendation to approve a Purchase and Sale Agreement with William R. Stephens for the purchase of property to accommodate the relocation of Master Pump Station 308.00, Project Number 70050, at a total cost not to exceed $39,000. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve and authorize the Chairman to sign a standard form Donation Agreement with Barry S. Stebbins for a 1.14 acre parcel under the Conservation Collier Land Acquisition Program, at a cost not to exceed $600. 2) Recommendation to approve Rivers Road Preserve Final Management Plan under Conservation Collier Land Acquisition Program. Page 10 May 27, 2014 3) Recommendation to approve the five-year update of the Final Management Plan for the Conservation Collier Cocohatchee Creek Preserve. 4) Recommendation to approve the five-year update of the Final Management Plan for the Conservation Collier Otter Mound Preserve. 5) Recommendation to approve the five-year update of the Final Management Plan for the Conservation Collier Logan Woods Preserve. 6) Recommendation to approve the Interim Management Plan for Conservation Collier Camp Keais Strand Parcels. 7) Recommendation to approve the Pepper Ranch Preserve Cattle Lease Agreement with Lake Trafford Ranch LLLP under the Conservation Collier Program and direct the County Manager, or his designee, to implement the lease terms. 8) Recommendation to authorize the Chairman to execute the Parks and Recreation Department's Facility Use Memorandum of Understanding (MOU) with Naples BMX, Inc., to operate BMX related events at the Wheels Skate and BMX Park. 9) Recommendation to approve the Parks and Recreation Department's participation in Immokalee's Out-Of-School Time Initiative (IOSTP); authorize the Chairman to sign a Memorandum of Understanding (MOU) with the Southwest Florida Workforce Development Board, Inc. which will provide funds to allow up to 130 children to receive free recreational and tutoring opportunities during the summer. 10) Recommendation to approve a State Housing Initiatives Partnership (SHIP) release of lien in the amount of$3,929.52 for an owner - occupied affordable housing dwelling unit that has been repaid in full. 11) Recommendation to approve four satisfactions and releases of lien for Countywide impact fee deferrals. 12) Recommendation to approve Amendment No. 3 to the Subrecipient Agreement with Immokalee Community Redevelopment Agency for Page 11 May 27,2014 the Community Development Block Grant Economic Development Immokalee Business Development Center Project to extend the project completion date to November 30, 2014. 13) Recommendation to approve Amendment No. 3 to the Subrecipient Agreement with the Immokalee Community Redevelopment Agency (CRA) for the Community Development Block Grant (CDBG) First Street Plaza (a/k/a Zocalo) Project to extend the project completion date, update the budget, and update the project work plan. 14) Recommendation to approve and authorize the Chairman to execute the Student School Year Agreement with the District School Board of Collier County for transportation services for County recreation program participants for an estimated annual cost of$50,000. Fees charged to program participants fully cover these costs. 15) This item continued from the May 13, 2014 BCC Meeting and is further continued to the June 10, 2014 BCC Meeting. Recommendation to approve a Grant Agreement with the Florida Department of Children and Families to implement a three-year Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Program in the amount of$853,316.71 and approve subrecipient agreements with the David Lawrence Center for $367,140.80, Collier County Sheriff's Office for $333,123, and the National Alliance of Mental Illness of Collier County for $106,686. 16) Recommendation to approve four (4) Modifications to Disaster Recovery Grant Agreements for disaster relief and long term recovery or mitigation with the Florida Department of Economic Opportunity, approve four subrecipient agreements for new projects from returned funds, approve three amendments to subrecipient agreements for increases in funding or budget reallocation, approve reallocation of unused funds within budgets to prepare for close-out, and approve two (2) associated budget amendments. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to recognize carryforward from accrued interest earned by EMS County Grant revenue and appropriate funds for a total amount of$49.69. Page 12 May 27, 2014 2) Recommendation to standardize the use of M Group International for support of Infrastructure.net's Work Management software by the Facilities Management and Parks and Recreation Departments. 3) Recommendation to adopt a Resolution and approve an Interlocal Agreement with the District School Board of Collier County, Florida (District) and the Board of County Commissioners (County) related to the exchange of properties that enabled construction of the Golden Gate High School (GGHS), Project 80039. 4) Recommendation to approve and execute an Agreement to provide funding to the Golden Gate Fire Control and Rescue District, a Special District created by Laws of Florida, Chapter 77-535, as amended, for additional firefighting equipment from revenue derived from the GAC Land Sales, in an amount not to exceed $150,000, and approve a Budget Amendment to transfer the funds. F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2013-14 Adopted Budget. 2) Recommendation to award Invitation to Bid #13-6149 Printing and Copying Services for Countywide use to various printers including, Cecil's Printing, Panther Printing, Presstige Printing, The Print Shop, and Universal Printing. 3) Recommendation to approve a report covering budget amendments impacting reserves and moving funds in an amount up to and including $4,800 and $25,000, respectively. 4) Recommendation to award Invitation to Bid #13-6174 for Lake Banks Geotextile Tube Installations to Anchor Marine Environmental Services, Inc. as lowest, qualified, responsive bidder to shore up and restore lake banks within the Pelican Bay Water Management System. 5) Recommendation to approve and execute an Office Lease with South Florida Water Management District to be utilized by the Tourism Department and the Office of Business and Economic Development Page 13 May 27, 2014 and approve necessary budget amendments. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to appoint one member to the Haldeman Creek Maintenance Dredging Advisory Committee. 2) Recommendation to appoint one member to the Collier County Citizens Corps. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the Marco Island Area Chamber of Commerce Coffee and Commerce on May 14, 2014. The sum of$20 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the Military Officer's Association of SWFL JROTC Awards Night on May 9, 2014. The sum of$30 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. She will attend Florida Wildlife Federation's 77th Annual Conservation Awards Banquet on June 21, 2014. The sum of$75 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. She will attend the Naples Area Board of Realtors Commercial Committee Breakfast Forum on June 6, 2014. The sum of$5 to be paid from Commissioner Fiala's travel budget. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. Page 14 May 27,2014 J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners provide approval to designate the Sheriff the official applicant and point of contact for the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) FY2014 Local Standard grant, authorize electronic submission of the application, accept the grant when awarded, approve associated budget amendments and approve the Collier County Sheriffs Office to receive and expend 2014 JAG Standard grant funds. 2) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of May 8, 2014 through May 14, 2014. 3) Recommendation to approve and authorize the Chairman to sign an Agreement Authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Huntington Lakes Subdivision. K. COUNTY ATTORNEY 1) Recommendation to approve a Mediated Settlement Agreement in the amount of$54,500 for the acquisition of Parcel 123FEE in the lawsuit styled Collier County, Florida v. L & R Ram, LLC, et al., Case No. 12-CA-1828. (US41 Ditch/Naples Manor Canal/LASIP Project #51101) (Fiscal Impact: $41,070) 2) Recommendation to approve and authorize the Chairman to execute a Grievance Settlement and Release agreement in the sum of$10,000 involving Federal Mediation and Conciliation Service Arbitration Case No. 141203-00618-3. 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 Page 15 May 27, 2014 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- PL20140000648 to disclaim, renounce and vacate County and public interest in the 5-foot wide utility easement along the north boundary of the west 200 feet of undivided Block A of Cypress Woods Estates Plat #2 as recorded in Plat Book 4, page 30 of the public records of Collier County, Florida located in Section 22, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A. B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2013-14 Adopted Budget. C. Recommendation to adopt an Ordinance amending Ordinance No. 2002-63, as amended, known as the Conservation Collier Implementation Ordinance, to continue the Conservation Collier Land Acquisition Advisory Committee and authorize the Committee to review and make recommendations to the Board on the management and programs of the preserved land. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 16 May 27, 2014 May 27, 2014 MR. OCHS: Mr. Chairman, you have a live mic. Ladies and gentlemen, please take your seats. CHAIRMAN HENNING: Take your seats. Please silence your cell phones or put them on vibrate. It will help us conduct a meaningful meeting. Today's invocation will be given by the County Manager, and then after that we're going to have the Pledge of Allegiance, so would you all rise. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE MR. OCHS: Our heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask a special pleasing on this Board of County Commissioners, guide them in their deliberations, grant them wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. These things we pray in your name, amen. (Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: County Manager, would you walk us through the change sheet today. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EXPARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT Page 2 May 27, 2014 AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Yes, sir. Good morning, Mr. Chairman, Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of May 27th, 2014. The first proposed change is to continue Item 11.B to the June 10, 2014 BCC meeting. That request is made by county staff. The next proposed change is to continue indefinitely Item 16.A.15. That is a staff request as well. The next proposed change is to move Item 16.D.7 from your public services division consent agenda to the regular agenda to become Item 11.D. And that move is made at the request of Commissioner Nance. The next proposed change is to continue Item 16.D.8 to the June 10th, 2014 BCC meeting. The next proposed change is to add Item 16.J.4. It's a disbursement item from the Clerk of the Courts covering the disbursements for the period May 15th through May 21st, 2014. We have three agenda notes this morning, Mr. Chairman. The first is Item 16.A.10. The item was listed on the executive summary and the index as requiring ex parte disclosure and the item does not require ex parte, so we struck that from the item. Item 16.F.5, the approval of that item on consent will be subject to ratification of the TDC at the meeting this Thursday of May 29th. And Item 16.K.1 under your County Attorney consent agenda, the executive summary was correct but there was one parcel added to the title on the index that needs to be struck and that's parcel 123 FEE. We have one time certain item, Commissioners. That item is 11 .0 on your regular agenda this morning. That is to be heard at 10:00 a.m. And a final note, Mr. Chairman. Item 7, public comments, will Page 3 May 27, 2014 be heard either at the conclusion of the meeting or no sooner than 1 :00, whichever occurs first. Those are all the changes I have, sir. CHAIRMAN HENNING: Thank you. It looks like we may be able to get out by noon. We don't have anything on the commissioners part of the agenda. You have three items on the regular agenda. MR. OCHS: Yes, sir. CHAIRMAN HENNING: So not to rush it, but if I was a betting man, I think we'd be out of here by noon. County Attorney? MR. KLATZKOW: No changes, sir. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: No changes. And I would say that in view of the fact that you have taped over Commissioner Hiller's button, we might get out even before 12:00. And I have no other changes to the agenda. CHAIRMAN HENNING: And no ex parte? COMMISSIONER COYLE: And no ex parte -- I do have one ex parte. It applies to 16.A.1 and the consent agenda. I had some meetings and emails, and those are contained in my folder. So that's it. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I have no changes, no corrections, and I only have one ex parte, it's on the consent agenda, which is number 16.A.1, the Naples Reserve, Phase II. And I've had meetings, correspondence, emails, and I've spoken with staff about this a couple of times. CHAIRMAN HENNING: I have no changes to today's agenda and no ex parte on any item on today's agenda. Commissioner Hiller? COMMISSIONER HILLER: I have no ex parte, no changes. Page 4 May 27, 2014 And Commissioner Coyle, have I told you today how much I love you? I'm just curious. Because if I haven't, let me start the meeting off-- COMMISSIONER COYLE: Every day. COMMISSIONER HILLER: -- by telling you how much I love you. Just saying. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Mr. Chairman, I have no further changes to the agenda and no ex parte disclosure on any item, although I will say I think Mr. Camp needs to check this tape for fingerprints to see if Commissioner Coyle had anything to do with it. COMMISSIONER HILLER: Let me just, for the benefit of our viewers, I just want to show you. Security, can you please take prints off this and arrest whoever did this? And I will press charges as the victim, and we will call it criminal mischief MR. KLATZKOW: There may be 15 on those, ma'am. COMMISSIONER HILLER: You are bad. Bad boy. COMMISSIONER NANCE: Mr. Chairman, I make a motion to accept today's agenda as amended. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Nance, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) Page 5 May 27, 2014 CHAIRMAN HENNING: Motion carries unanimously. Now we go to proclamations. Page 6 Proposed Agenda Changes Board of County Commissioners Meeting May 27,2014 Continue Item 11B to the June 10,2014 BCC Meeting: Recommendation to approve and authorize the Pelican Bay Services Division to prepare,sign and submit a Nationwide Permit for the maintenance dredging of Clam Pass due to concerns about the critical condition of the Pass, approve necessary budget amendments and make a finding that this project promotes tourism. (Staffs request) Continue Item 16A15 Indefinitely: Recommendation to approve the award of Contract Number 14-6190 to Agnoli,Barber and Brundage,Inc.,CH2M Hill Engineers,Inc.,Johnson Engineering Inc.,and RWA,Inc.for professional design and related services for the"Golden Gate City Stormwater Drainage Improvement Project Engineering Design",Project Number 50129.On March 25,2013,the Board of County Commissioners approved the recommended short-list of consultants and directed negotiations with the four top ranked firms. (Staffs request) Move Item I6D7 to Item 11D: Recommendation to approve the Pepper Ranch Preserve Cattle Lease Agreement with Lake Trafford Ranch LLLP under the Conservation Collier Program and direct the County Manager,or his designee,to implement the Lease terms. (Commissioner Nance's request) Continue Item 16D8 to the June 10,2014 BCC Meeting: Recommendation to authorize the Chairman to execute the Parks and Recreation Department Facility Use Memorandum of Understanding(MOU)with the Naples BMX, Inc.,to operate BMX related events at the Wheels Skate and BMX Park. (Staff's request) Add On Item 16.14: Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of May 15, 2014 through May 21,2014. (Clerk's Finance Department request) Note: Item 16A10 Executive Summary title and title on agenda index should read: This-item-requires-that-ex-parte disclosure-be-provided-by Commission members-.--Should a hearing-be-held-on-this-item;all-participants-are requi red-to-be- w©ra-in:Recommendation to approve an Easement Use Agreement for Lot 58, Block C, Hammock Isles which was approved by the Board of County Commissioners on June 10,2003,and recorded at Plat Book 40, Pages 40 through 47. (Staffs request) Item 16F5: Approval of this item is subject to ratification at the Tourist Development Council May 29,2014 meeting. (Staff's request) Item 16K1 title on the agenda index should read the same as the Executive Summary: Recommendation to approve a Mediated Settlement Agreement in the amount of$54,500 for the acquisition of Parcels-123FEE 169DE1, 169DE2 and 169TCE in the lawsuit styled Collier Counts', Florida vi & R Ram, LLC, et al.,Case No. 12-CA-1828(US 41 Ditch/Naples Manor Canal/LASIP Project#51101). (Fiscal Impact: $41,070) (Staff's request) Time Certain Items: Item 11C to be heard at 10:00 a.m. 427/21114 X:25 AM May 27, 2014 Item #4A PROCLAMATION RECOGNIZING THE 70TH ANNIVERSARY OF D-DAY. ACCEPTED BY COLLIER COUNTY MUSEUM DIRECTOR RON JAMRO, STAFF AND BRIDGETTE VAN DEN HOVE-SMITH, PRESIDENT OF THE FRIENDS OF THE MUSEUM — ADOPTED; COLLIER COUNTY VETERAN SERVICES MANAGER GARY VINCENT WAS ALSO IN ACCEPTANCE MR. OCHS: Yes, sir. Item 4.A is a proclamation recognizing the 70th anniversary of D-Day. To be accepted by Collier County Museum Director Ron Jamro; Collier County Veterans Services Director Gary Vincent; and Bridgette van den Hove-Smith, President of the Friends of the Museum. And this item is sponsored by Commissioner Fiala. If you'd please step forward and receive your proclamation. (Applause.) MR. VINCENT: Chairman Henning, Commissioners, Mr. Ochs and my fellow Collier County residents, I'm greatly honored, proud and deeply humbled to accept this proclamation on behalf of all of our veterans. These valued Americans -- excuse me. These valued Americans earn the designation and distinction of being America's greatest generation, and rightly so. They weren't trained professional soldiers, they were typical American patriots who answered the summons of the trumpet. They felt duty and honor bound to protect and preserve the United States of America and our way of life. Imagine the fear they must have felt, hunkered down in their landing craft with mortar rounds and artillery rounds exploding all around them, and machine gun and small gunfire pinging off the sides Page 7 May 27, 2014 and hitting all around in the water. And then the ramp went down and they charged forward into that same barrage of enemy fire, with their comrades falling all around. Yet they charged on. And they secured that beachhead at the end of that longest day. And that allowed the attack to continue and ultimately result in a victory. Thirty years ago I walked out into the water off Omaha Beach waste deep in water and I looked back up at that beach and I looked at the gun emplacements that were still there, and I was in total awe. The gun emplacements were on high ground overlooking the beaches. It seemed like an impossible task, yet they never gave up. They charged forward and they accomplished their mission. They protected and they preserved the American way of life. To the families of those who paid the ultimate sacrifice, especially those whose fathers and mothers are buried in the cemeteries throughout Europe, I want you to know that America will never forget. Those cemeteries are meticulously maintained and appropriately honored. Please take some comfort in that. And the extraordinary efforts and the sacrifices that your loved ones made are a legacy to cherish and take pride in. Personally I'd like to thank Kimberly Grant for trusting in me to be the manager of Veterans Services. When I left the Army in 1992, I did not realize that leaving the Army I would also be leaving my passion for my life's work behind. And then the position of Veterans Services manager opened up and it called to me. And because of that, I have a renewed and reignited passion for what I'm doing in life. And beyond that, it was multiplied exponentially by the privilege and honor of being a guardian on most recent honor flight to Washington D.C. I'd like to think Debby Strand, I think she's here today, and Sean Lutz for organizing and being the founders of that organization. It's a fabulous organization. My guardian Charlie Hayes Page 8 May 27, 2014 is here. Please stand up, Charlie. They called me his guardian, I felt more like his friend and companion. (Applause.) MR. VINCENT: It is absolutely a fabulous experience. The power of the feeling that I felt when I was in Washington D.C. with all of those brave American heroes. The -- I compare it to finding my soul mate or witnessing the birth of my children. I encourage everyone to be a guardian on an honor flight. It will be the experience of your lifetime. I also want to let our veterans know in light of the recent publicity that the Department of Veterans Affairs has been getting, Bay Pines in Southwest Florida is the best VA medical care in the country. Every Department of Veterans Affairs employee and Florida Department of Veterans Affairs employee that I work with are totally dedicated to serving veterans. In fact, Florida offers more to veterans than any other state in the country. Thank you Commissioner Hiller and Commissioner Nance for attending the Memorial Day ceremony yesterday. That was a very special event. I'm sure any of you that were there heard Sergeant Wilfredo Vasquez tell us that 5,000 post-9/11 Americans have committed suicide. This is unacceptable. We cannot allow our American heroes to survive the horrors and hardships of combat to come home unable to readjust to civilian life and ultimately commit suicide. Even one is too many. Fortunately I have good news. There are people in Collier County that are doing something about that. General Fred Franks has brought Home Base to Southwest Florida and has raised almost $200,000 to put our post-9/11 veterans who are suffering from post traumatic stress. This program will help them deal with those experiences and also readjust to civilian life. And all that money's going to stay in Southwest Florida for our own veterans. Page 9 May 27, 2014 Additionally, a very energetic group of volunteers from Domestic Animal Services has formed an organization called Operation Welcome Home, Shelter Pet for Vets. Through this program, which has taken off and received a lot of attention, veterans will -- can obtain a pet from Domestic Animal Services at no charge, at no charge to the veteran and no cost to the county. It's a win/win situation for the veteran and for any pets that might otherwise be euthanized. And I can tell you from my own family experience, the companionship of a five-pound chihuahua can save the life of a six-foot 200-pound disabled American Veteran. I think that's a fabulous program. To all our veterans here and all the veterans I serve, I pledge to you that I vow to make Collier County the county that does more for veterans than any other county in the United States. For if not for you this place we call home would not be the paradise that it is today. And I would also like to ask -- or actually thank Ron and Bridgette for allowing me the honor of accepting this proclamation. And now I'd like to ask Bridgette to come up and tell you about the special ceremony that's going on June 7th at the Naples Depot. Bridgette? MS. van den HOVE-SMITH: Thank you, Mr. Commissioners, Mrs. Commissioner. Just wanted to tell you, on the 7th of June at 10:00 there's going to be the ceremony to honor our World War II veterans, and might be the last big ceremony where we'll have those veterans present. So it's important that for maybe the last time we honor them really seriously and with dignity. So on the 7th of June at 10:00 a.m. Thank you so much. MR. OCHS: Where at? MS. van den HOVE-SMITH: At the Naples Depot Museum. Thank you. Page 10 May 27, 2014 CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you. I was actually going to bring up this under commissioners communications, but I think it's appropriate to do it right now. I personally have pledged my support to the Home Base program that you spoke about. And the Home Base program is the program intended to help our returning soldiers, our returning heroes with PTSD. It's a program that is sponsored and supported by the Red Socks Foundation and the Massachusetts General Hospital. And General Frederick Franks, U.S. Army, is the honorary director, the senior adviser and the Southwest Florida honorary director of this program and is working with Sergeant Wilfredo Vasquez with the Collier County Veterans Council to establish this program not just in Collier County but throughout the entire region. And not just for men, but for men and women alike. I personally pledged my support. And what I said that I would do is bring the Victim Advocacy's Coalition in touch with Home Base, introduce them to the Coalition. We're going to bring Project Help to them, David Lawrence to them, Drug Free Collier to them, Legal Aid to them. We will work with them to assist them any way we can. And of course our Veterans Services here at the county. So Leo, one of the things that I was going to ask is if you could please help coordinate the meeting. We obviously want Veterans Services there and those agencies that I just named so that we can all work to help establish this program. And one other person ought to be invited and that's Janice Martin, Judge Martin. And they are also very, very committed to helping these veterans through physical fitness. And so when -- we're going to also put them in touch with Fit Nation, as well as with the Crossfit Organizations. And I have the head of the local regional coalition of about 70 Crossfit Page 11 May 27, 2014 gyms who we are reaching out to work with us to assist these men and women. And I have the contact information here for you. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Yes, may I also include in the invitations, where I was yesterday was the Military Museum. And Bob McDonald would be the guy to contact there. Because they have -- they serve all of these same people. And they're really an important part of our veteran services here. Thank you. COMMISSIONER HILLER: Thank you, Donna. CHAIRMAN HENNING: Next proclamation? Item #4B PROCLAMATION DESIGNATING MAY 2014 AS NATIONAL BIKE MONTH. ACCEPTED BY MEMBERS OF THE NAPLES PATHWAYS COALITION, JANE CHEFFY, DEB CHESNA, CATHY FAERBER, AND PATRICK RUFF — ADOPTED MR. OCHS: Next proclamation is Item 4.B, and that is a proclamation designating May, 2014 as National Bike Month. To be accepted by members of the Naples Pathways Coalition, Jane Cheffy, Deb Chesna, Cathy Faerber and Patrick Ruff. And this item is sponsored by Commissioner Hiller. If you'd please step forward and receive your proclamation. (Applause.) MS. FAERBER: Commissioners, thank you for having us here today and acknowledging Bike Safety Awareness Month and safety across Collier County. As you all know, Naples Pathway Coalition is working the last 10 years now in connecting all those missing links between Collier County and Naples so that we have save paths for pedestrians and Page 12 May 27, 2014 cyclists. Thank you very much. (Applause.) CHAIRMAN HENNING: Do we have public petitions? Item #5A PRESENTATION BY JACK MULVENA, EXECUTIVE DIRECTOR OF THE NAPLES ZOO, REGARDING THE PROPOSED "GATEWAY TO NAPLES" PROJECT — PRESENTED MR. OCHS: We have one presentation. First this morning, Mr. Chairman, it's Item 5.A, a presentation by Jack Mulvena, Executive Director of Naples Zoo, regarding the proposed Gateway to Naples project. MR. MULVENA: Good morning, Chairman Henning, Commissioner Coyle, Commissioner Fiala, Commissioner Hiller, Commissioner Nance. I'm very excited to be here today. And Steve and Leo have instructed me to keep my presentation to seven minutes, so I have a very quick Power Point with lots of presentations to provide you with an overview of what our capital development plans are over the course of the next three to five years. Let me start by saying it's a historic year at Naples Zoo. We're actually celebrating the 95th year since Henry Nehrling established the property as an amazing botanical center. It's the 60th anniversary since Julius Fleischmann fully renovated the property and opened Caribbean Gardens. It's the 45th anniversary since the Tetzlaff family introduced the amazing animal collection that we have at the zoo today. And most importantly, it's the 10th anniversary since the commissioners put a measure on the ballot and the county residents approved purchase of the land that saved the zoo. Page 13 May 27, 2014 It's come to my attention that the zoo has not come back to you with a report on what that investment meant, and so let me report back on that in an easiest way I can possibly do. Last year alone on our free Saturdays, we had 52,000 Collier County residents that visited the zoo for free. We have 6,000 Collier County members, family members that take advantage of a half price membership, meaning for the cost of a single zoo visit they get a membership that allows them to enjoy the zoo year round. We actually gave out over and above that 12,000 free admission passes to Collier County schools and community groups and church groups that had expressed to us some level of economic disadvantage to coming to the zoo. And if you tally that all up, the zoo last year provided $1 .5 million in free admission to Collier County residents and families. And if my math is correct, over the course of a 30-year lease -- and I'm good at math, my wife's a math teacher so she requires me to be good at math -- I believe the return on that investment will be somewhere approaching $45 million in free admission and allowing people access to the zoo that they possibly may not have otherwise. So on behalf of the community and the zoo, thank you very much for that. What I'm presenting today, the Commissioners have very graciously approved our Gateway to Naples Zoo plan which will be providing a new entrance to the zoo, entrance experience, which the centerpiece will be a new 9,000 square foot education center, which will allow us to better connect with public school programs and preschool programs and zoo camp programs and provide the kind of level of education resource that the zoo should be providing to Collier County. This is a plan that includes over the course of the next three, five years, additional capital improvements. And the necessity of this Page 14 May 27, 2014 presentation is based on the lease requirements that the zoo can move forward on no capital project above 25,000 without prior County Commission approval. So what I'm presenting you today is a three to five-year plan. I spent the better part of my first year, probably 75 percent of my time, meeting with the community to help form this plan. I got a lot of great advice. I met with each of you at least once, some several times, and I really appreciate the advice and feedback that you gave me, as I appreciate the feedback that we've gotten from the community. Ultimately Naples Zoo is the community zoo, and it can't be successful if we're not listening to the community and providing a zoo experience and a botanical experience that's consistent with what the community wants to see at the zoo. So let me move forward. So I've structured this into three categories: One's historic; one is signature features; and the final is new additions. Signature features meaning those features of the zoo when people leave the zoo they talk about all the time. So let me talk about historic, first of all. This is an original photo of the entrance to Caribbean Gardens. We're very excited about this project. It's our plan based on advice and recommendation of the County Commission that we look to restore this facility and we're moving forward on that. Can I go back? Can I get help? Thanks. I'm a zoo director, which means I'm hideous at technology. So we're going to fully restore the original Caribbean Gardens entrance structure. These are structures that are not accessible to our visitors. Again, it's been a recommendation of the Commission as well as the community that we do this. We're going to fully restore these structures and the surrounding area, open them to the public. It will be a facility and a building that will be able to tell the history of the Nehrling-Fleischmann-Tetzlaff Page 15 May 27, 2014 contributions to the property. It will also be the site whereby we reinitiate botanical tours of the zoo. And in the last year, in addition to being accredited as a zoo, which we've been since 2001, this last year we're fully credited as an arboretum. Again, trying to demonstrate our appreciation for not only the history but the botanical side of this property, which is really extraordinary. So we have several signature features at the zoo. This is an image of Alligator Bay where we do educational programs around alligators. We do a feeding. It's hugely popular with our visitors. We have a fabulous giraffe exhibit where we do giraffe feedings. Again, a signature feature; when people leave the zoo they talk about Alligator Bay, they talk about the giraffes. We have fabulous education show in Safari Canyon. And I'd like to point out those probably 20-year-old TV screens up there. This is Mark and an ocelot in our show. But again, Safari Canyon's where we do two educational programs a day. We serve hundreds of visitors over the course of a single day. The plan over the course of the next three to five years is to fully restore the banks of Alligator Bay. This is both a visitor service and an animal care issue. The banks have eroded to the point where the fencing around there is being compromised and so we're going to restore the banks. It's a 200 to $250,000 project. However, we already have a $100,000 secured to date and commitments for that. We have a fabulous giraffe exhibit. It's not as esthetically pleasing as I'd like to see it and it's not as accommodating. We have one of the most beautiful areas of the zoo up there that has two of the historic trees which is closed off to the public. It's a beautiful shaded area that families and parents and grandparents and kids and grandkids Page 16 May 27, 2014 and students and teachers could just go and cool off and just marvel at those trees, so we're going to open up that area. This project again is between 100 and 250,000, depending on how we move forward with it. But we already have $100,000 secured to that project. We're going to fully renovate and upgrade Safari Canyon theater, put in new sound systems, new flat screen TVs, improve the acoustic qualities of that and include a new structure which is over the theater itself which is about 10 years old. That's about 100 to $150,000 capital project, but again we have $100,000, two single $50,000 donations, to help us move forward on that project. Other signature features of the zoo: We have a breeding pair of South African lions. We're hopefully of having baby lions at one point. However, we have an exhibit that needs improvements to the cat holding as well as some esthetic improvements to the exhibit. We are one of four zoos in the county that have honey badgers. And you can see the look of wonder on those kids faces. The honey badger exhibit is not one of my favorites. I think we have fabulous animals and we have a not a great exhibit. So we really need to improve that exhibit to match how amazing these honey badgers are and how unique they are to the zoo community. We have a fabulous Snakes Alive educational program. This is an image of our Snakes Alive area where we do this educational program. I'll point out the solid walls in this presentation area. And if you look at the little boy to the right with his hands raised, you can see how young kids and visitors in wheelchairs can't really see this exhibit. So we're going to expand this exhibit and actually add walls that visitors can see through so that parents don't have to lift their children up on the ledges with venomous snakes. So we're going to move forward on this. Page 17 May 27, 2014 We're going to also add significant additions to shading for the visitors, which again the popularity of this exhibit dictates. In the area of new, we have three areas. And again the theme of this is that we have a beautiful property. We're going to retain the beauty of this property and we're going to focus on areas that already have exhibits on them as we begin to move forward. Our plan is to add -- return panthers to the Naples Zoo experience. The zoo at one point had panthers. We have a 19-foot python that's off exhibit, our visitors had never seen; opportunity for us to diversify our collection with snakes and reptiles. We also have an amazing Komodo dragon off exhibit that our visitors have never seen. And I can tell you that zoos around the country build Komodo dragon exhibits just to drive attendance in a single year. So this was one of the first animals I saw when I visited the zoo that I was astounded is not on exhibit. So our plan over the course of the next three to five years is to replace our old lion exhibit where Tsavo, our iconic lion that just recently passed, we're going to replace that with a panther exhibit. We have an old commissary building; this is a building that didn't appear and doesn't appear on the ecological study. It's an old commissary building. Trying to get it up to code, almost impossible. So we're going to demolish that building. And on the footprint it will provide us with space to put the python exhibit and the Komodo dragon exhibit. In the area of current and long-term veterinary care needs, we are the only accredited zoo, to my knowledge, in Florida that does not have a veterinary hospital and veterinary facility. It was cited in our accreditation report that we really need to move forward on a facility, so the zoo will be embarking on a new veterinary hospital and commissary in the north -- I'm still orienting myself to Florida -- Page 18 May 27, 2014 northwest corner of the zoo which is not historic land. It's where our office trailers are. That's a $1.5 million project. However, we already have $400,000 in commitments secured to date. This will put the zoo where it needs to be in terms of animal care -- on-site animal care. We will move forward on hiring a full-time vet and a vet tech. We've actually already added a vet tech at this point, but we need that kind of care, given the size of the zoo and the direction and the growth that the zoo should achieve over the course of the next three to five years. I hope I kept to the seven minutes. Again, the necessity of this presentation is that in order to move forward on these, we do have significant level of support from the community. I think the community realizes for the first time in a long time they can have a direct connection to the zoo. I've really worked hard to try to establish that and I think we're seeing that now with the community stepping forward and saying we really want to help you with the plans, we're excited about these plans. But in order to move forward, we would need Commission approval for this, dependent on us securing the funding from the private sector, as well as all the necessary permits and SDP updates and modifications. So with that, I'll answer any questions you might have. CHAIRMAN HENNING: Commissioner Fiala, then Commissioner Nance. COMMISSIONER FIALA: Thank you. First of all, the animals are just beautiful. Thank you so much for showing us. You have returned to the community everything you promised you would do. The community is so excited about having those free Saturdays once a month, and I'm so glad to see that they take full advantage of them. It's great, because so many families would never get there otherwise. And so those are the two things that I wanted to Page 19 May 27, 2014 say. I'm going to end with saying that I date way back to when I worked -- when I lived in Cleveland, Ohio and I worked for United Airlines, I worked for the air freight department, the air freight shipping department. And I was upstairs where we would book all the shipping, and all of a sudden we'd hear roaring of lions. And we'd run downstairs because Jungle Larry's in Sandusky, Ohio was shipping their lions someplace. Here I find out when I move here they shipped them here. They would bring them here for the winter and ship them back up there for the summer. So my goodness. And Nancy Jane and I lived three blocks apart in Cleveland. CHAIRMAN HENNING: Interesting. MR. MULVENA: Thank you. I will say that Nancy Jane fully supports this. I met with Joan Tobin, the daughter of Julius Fleischmann, as well as Richard Nehrling for support as well, and they're really excited, particularly about the historic structures. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. Mr. Mulvena, I'd like to really congratulate you, sir, on your efforts, particularly on the historical elements which you grasped onto and with the Nehrling-Fleischmann and Tetzlaff families, and also the horticultural elements of the zoo which I think you are pushing into the forefront. Most people don't realize that your Naples Zoo has a tremendous horticultural history, and actually some of the oldest and grandest tropical trees in the State of Florida. So just like some of our national zoological parks like the San Diego Animal Park, I think the Naples Zoo can have something that is unique to North America. So I hope you continue to work on the collection of ficus. And your horticulturist is wonderful to have on staff. And I think you're really widening the -- broadening the tent in making the zoo Page 20 May 27, 2014 everything it can be. So congratulations to you and your staff and your staff, sir, in your efforts in the community. Thanks so much. MR. MULVENA: Thank you, Commissioner Nance. I actually came from the third oldest zoo in the country with a 350-acre park that was designed by Horace Cleveland. We have three buildings on the national register. I can tell you, after I visited the zoo before my interview that I talked with my wife about the beauty of the property and the history of the property more than I did about the animal collection. I think it makes Naples Zoo unique. I think we're if not the most beautiful zoo in the country, one of the most beautiful zoos. It's our intention to keep it that way, because we feel the most beautiful zoo belongs in paradise. COMMISSIONER NANCE: Well, the horticultural elements of it are going to really make everything super special. And, you know, certainly you have my personal support forever and ever. MR. MULVENA: Thank you very much. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: I'd like to congratulate you, I think you've done an excellent job in pulling all these projects together and balancing the funding needs with the desires of the community. I'm especially grateful to you that you are able to build a bridge of peace, if you will, between those that were very concerned about the Nehrling trees and plants and those that had an interest in seeing additional buildings. Because that was a very unhappy dispute that obviously has now been put to bed. And I'm really glad to see that Nehrling is supportive of what you're promoting here today. So excellent job. MR. MULVENA: Thank you. I believe their concerns were warranted, and we're in a good place now. COMMISSIONER HILLER: That's wonderful. Page 21 May 27, 2014 CHAIRMAN HENNING: County Manager, you're going to bring back an item for the Board to consider on the changes at the zoo? MR. CARNELL: If I could, Steve Carnell, Public Services Administrator. The Board has actually approved this plan previously on a consent agenda item, a very high level. But I wanted to add the public element, Jack is now ready to move forward with his fundraising and we wanted to use the Board meeting as a platform to help launch that. CHAIRMAN HENNING: Okay, I misunderstood. Thank you. Have a great day. MR. MULVENA: Thank you very much, appreciate it. CHAIRMAN HENNING: Next item? MR. OCHS: Mr. Chairman, before you go to Item 6, may I ask for a motion to — Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS — ADOPTED CHAIRMAN HENNING: Motion to approve today's proclamations. Motion by Commissioner Henning. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Second by Commissioner Fiala to accept the proclamations as delivered. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. Page 22 May 27, 2014 COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #6A PUBLIC PETITION FROM MR. PETER TIERNEY REQUESTING THAT THE BOARD DESIGNATE THE TREES GROWING IN HIS YARD AS "SPECIMEN TREES" AND ALLOW THEM TO REMAIN - MOTION FOR THE COUNTY MANAGER TO DRAFT AND BRING BACK A RESOLUTION FOR FUTURE BOARD CONSIDERATION THAT WOULD ALLOW MR. TIERNEY TO RETAIN HIS TREES — APPROVED; MOTION FOR STAFF TO REVIEW AND BRING BACK A PROPOSED LDC CHANGE TO THE BOARD THAT WOULD ALLOW FOR FLEXIBILITY IN TERMS OF THE REQUIREMENTS AND REMOVAL OF CERTAIN SPECIES OF TREES — APPROVED MR. OCHS: Thank you, sir. Now we move to Item 6.A. It is a public petition request from Mr. Peter Tierney, requesting that the Board designate the trees growing in his yard as specimen trees and allowing them to remain. Is Mr. Tierney here? MR. TIERNEY: Yes, I am. Good morning, Commissioners. So glad to hear about all the horticulture at the zoo and my yard. I'm really asking for a petition to consider the trees in my yard under the Specimen Tree Code LDC which was recommended to me by county staff. Page 23 May 27, 2014 By the way, they've been very helpful in understanding. They've been on-site, and I believe it's Summer -- Summer's here and Nick Casalanguida have been fantastic in coming by and helping me understand the situation. Basically I built a pool this past month and I was visited by a county code enforcement officer, letting me know that there was a violation with the trees that have been there for quite some time. And I'm just trying to understand if there's a way that we can save these trees. They are quite large. I can't tell you how old they are. We talked a little bit about it. But they are not at menace to the neighborhood. These same trees are bordering on my neighbors side equally. And just for the fact that they haven't done any improvements to their land, those trees will stay there hanging their canopy over my yard and yet I'm going to have to cut mine down. I do understand the code. I understand Brazilian pepper and I understand melaleuca and I understand shallow root base Australian Pine and the dangers those have. But Java plum, which is the tree I'm speaking of, seems to be the lesser of all those evils and I'm here to ask the Board to consider a reprieve on the death sentence of the trees in my yard. CHAIRMAN HENNING: Is there a commissioner that would make a motion to direct the County Attorney to draft a resolution to bring it back for the Board's consideration? COMMISSIONER FIALA: I'll make that motion. COMMISSIONER NANCE: And I will second it. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Nance. Commissioner Nance? COMMISSIONER NANCE: Yes, I would just like to say that this is something that we've actually addressed several times over the Page 24 May 27, 2014 past few years, and I want to thank Mr. Tierney for bringing this forward. There are occasions where trees that have been put on the invasive plant list for other reasons have been placed on a non-desirable list can have a place in landscapes, as long as they don't create a hazard or the threat of them spreading invasively can be mitigated. I think that some trees, particularly ones that are shaded, particularly valuable trees in a landscape, can be provided for as long as the owner makes assurances to the Board that they're not going to let the trees spread or otherwise cause a safety or hazard. So I fully support doing this. There's several situations where I think this has been attempted in the past and surely we can come to grips with this. MR. TIERNEY: Well, I thank you for that. I do agree. I think these types of situations are maybe case-by-case as opposed to just the rule. COMMISSIONER NANCE: Yeah, there's a lot of cases actually where some of these plants have gotten a bad name where they've been allowed to get out of hand. And in some cases they're actually quite valuable. They're -- some of the provide shade, erosion control, there's all sorts of reasons for them. And on a case-by-case basis I would expect to get good support from everybody on such a targeted effort. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Jeff and staff, I'm wondering whether or not we should have a provision in the LDC to propose exactly what Commissioner Nance just suggested, that -- you know, and you can limit it to certain type of trees that are not deemed to be invasive exotics, where for whatever reason you've put them in this qualified category. But I think that's something that we would allow staff to research Page 25 May 27, 2014 and then come back to us through the LDC cycle with some proposed change to provide, you know, flexibility as appropriate. MR. OCHS: If I get a motion or three nods, ma'am, we're -- COMMISSIONER HILLER: I'll make that as a motion, as a separate motion from the first motion, which is the resolution, since it's a different one. I mean, your motion still stands. I'm not saying no to your motion, we'll take a vote on that, and then the second motion would be to give staff direction to go back and review this section of the LDC to allow for appropriate flexibility. COMMISSIONER FIALA: While we're talking about that, one of the things, you know, because it's in the law, it's in the rules, people have had to pull trees out. And I think of Coconut Island where they pulled out all the Australian Pines and then of course that was the root base for Coconut Island and so Coconut Island then disappeared. And I think there are instances where we have to think of things rationally rather than just because the rule book says you have to do it that way. So I don't know if you can help to incorporate that into this so -- COMMISSIONER HILLER: That's the intent. COMMISSIONER FIALA: I mean, there's some things that, you know, like Brazilian pepper and melaleuca, they are an awful plant. But others he has to take a better look at. COMMISSIONER HILLER: And that's exactly the point of the recommendation to staff. Could I ask for your support as a second to my motion? COMMISSIONER FIALA: You betcha. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Okay, any discussion on the first motion? (No response.) Page 26 May 27, 2014 CHAIRMAN HENNING: All in the favor of the first motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: The second motion -- just a little history on Coconut Island. That was the Rookery Bay who removed those trees. There was no demand or code enforcement from Collier County to remove those. But it is what it is. And I don't see them removing Australian Pines from other areas other than what happened. Maybe that experience dictated no more taking down Australian Pines. All in favor of the second motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Thank you, Peter. MR. TIERNEY: Thank you. I would just like to say, I've been in here many times on a lot of different occasions and this has been the most pleasurable. COMMISSIONER HILLER: Peter, I thought you were ending with -- Page 27 May 27, 2014 MR. TIERNEY: And I'll be back again. COMMISSIONER HILLER: Hang on a second. How about like dinner at the Bay House to celebrate? MR. TIERNEY: The Turtle Club or the Bay House. COMMISSIONER HILLER: I like it both. MR. TIERNEY: Yes, both. But I would like to thank the staff-- COMMISSIONER HILLER: And it is not a quid pro quo, just for the record. MR. TIERNEY: Thank you. They have been really wonderful. In a time where you hear a lot of, you know, odd comments about the county in its help sometimes, it's been really fantastic, so thank you to Nick, Summer and -- COMMISSIONER HILLER: It's nice to hear, and thank you. MR. TIERNEY: No, I really do appreciate it. And thank you, it was a great decision. And hopefully future trees can be saved as well. Thank you. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Now we go to Item 11? MR. OCHS: Yes, sir. COMMISSIONER HILLER: For those of you who don't know, just before we go on, Pete owns the Turtle Club and the Bay House, and he's building a cooking school, actually, up at the Bay House, which will be really interesting, you know, for the community to actually have a real culinary institute where -- in addition to the other ones that we have out east where people can learn how to become professional chefs. So thanks for that. MR. TIERNEY: Thank you. Thanks again. CHAIRMAN HENNING: When do you start your classes? MR. TIERNEY: I have to come back for the permit. COMMISSIONER HILLER: I abdicated. I used to cook and I Page 28 May 27, 2014 have given up on cooking like completely. It's like -- CHAIRMAN HENNING: Okay. Item #1 l A RESOLUTION 2014-109: A LOCAL AREA PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO RECEIVE REIMBURSEMENT IN THE AMOUNT OF $9,549,116 FOR DESIGN, CEI AND CONSTRUCTION SERVICES TO ADD NEW BRIDGES IN GOLDEN GATE ESTATE AT 8TH STREET NE, 16TH STREET NE AND 47TH AVENUE NE; EXECUTE A RESOLUTION MEMORIALIZING BOARD ACTION AND ALL NECESSARY BUDGET AMENDMENTS. PROJECT NO. 33340 — ADOPTED MR. OCHS: Item 11 .A is a recommendation to approve and authorize the chairman to sign a Local Area Program Agreement with the Florida Department of Transportation to receive reimbursement in the amount of$9,545,116 for design, CEI and construction services to add new bridges in Golden Gate Estates at Eighth Street Northeast, at 16th Street Northeast and 47th Avenue Northeast, and to execute a resolution memorializing the Board's action and authorize all necessary budget amendments. Ms. Marlene Messam, your Transportation Engineering Senior Project Manager, is available to make that presentation, Mr. Chairman. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, I just want to let everybody know this is really a terrific good news item for connectivity and transportation elements in Golden Gate Estates area. These are some of the 12 or 13 identified connectivity bridges which are a product of Page 29 May 27, 2014 the East of 951 Study of many years ago where all the first response agencies and transportation managers came together to identify which bridges would provide the best connectivity and transportation elements in the Estates to be able to let people move around and allow emergency responders to get to their destinations as quickly as possible. So I want to thank everybody for their efforts on this. Mr. Chairman, I'm going to prove approval of this item. COMMISSIONER HILLER: Second. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Nance to approve this item, second by the pair of women, Commissioner Fiala COMMISSIONER HILLER: The girls. CHAIRMAN HENNING: Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Great to see you again, Marlene. MS. MESSAM: Thank you, Commissioners. CHAIRMAN HENNING: Are you going to be here next meeting? MS. MESSAM: Yes I will, actually. Page 30 May 27, 2014 CHAIRMAN HENNING: Good. Next item? Item #11D THE PEPPER RANCH PRESERVE CATTLE LEASE AGREEMENT WITH LAKE TRAFFORD RANCH LLLP UNDER THE CONSERVATION COLLIER PROGRAM AND DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE LEASE TERMS - MOTION TO APPROVE AND DIRECTING STAFF TO BRING BACK A REPORT FOR BOARD REVIEW IN ONE YEAR — APPROVED MR. OCHS: Yes, sir. Next item is Item 11 .D. It was professional 16.D.7 on your consent agenda. This is a recommendation to approve the Pepper Ranch Preserve Cattle Lease Agreement with Lake Trafford Ranch LLLP under the Conservation Collier Program, and direct the County Manager to implement the lease terms. This item was moved to the regular agenda at Commissioner Nance's request. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, I asked this -- that this agenda item be moved to the regular agenda because I do have a few concerns. I don't have concerns over the long run, but I do have concerns on the short run regarding the coordination of our Conservation Collier effort in Lake Trafford, in the Lake Trafford area, regarding the whole Lake Trafford restoration issue. And what I wanted to propose is that we take some additional time before we jump into a very long extended cattle lease and make certain that we are well coordinated together.with the South Florida Water Management District and others that are pushing very hard Page 31 May 27, 2014 right now for the completion of the -- and full restoration of Lake Trafford. As most of you may or some of you may not know, the Lake Trafford water system is a very finite basin. It's not a flow through system, it's not like Lake Okeechobee where we have large rivers and streams moving into it and then water flowing out the other side. What -- the water that falls due to rain in the Lake Trafford Basin is what Lake Trafford survives on. Of course through many efforts, over many years we're starting to see the full restoration of the lake. So I just wanted to make sure that we were fully advised of the impact of the leasing of ranch lands so close to the lake. Certainly I'm not opposed to ranching, I'm a very big supporter of ranching, but because this is a very sensitive issue and because there are so many agencies involved in water quality and restoration of the lake, I thought it was more appropriate that we make sure that we've examined what our program is and kind of how we're managing the leases of cattle at Pepper Ranch. CHAIRMAN HENNING: Do we have a response? MR. OCHS: Yes, sir. Staff did do at least some preliminary research on that. And Ms. Sulecki has some information she can share with the Board. MS. SULECKI: Good morning. For the record, Alex Sulecki, the Coordinator of the Collier County Program. And I'm going to introduce Melissa Hennig and have her stand up here with me. She is the Cattle Lease Manager, so she may be able to answer some questions that I can't. And just to respond briefly to your remarks, Commissioner Nance, we are now working with the Lake Trafford Restoration team. We've been to meetings, we're coordinating with them. As far as the lease goes, I think it's important -- the lease allows us to get out of it at any time for any reason. But if we don't have a Page 32 May 27, 2014 lease by tomorrow, the cattle would be there without a lease. And I'm not an attorney, but I would question whether they would bring up legal issues. COMMISSIONER NANCE: I'm aware of that, ma'am. And I would -- I will make a motion -- let me just lead the discussion a little further. I will make a motion to extend the cattle lease for a year to allow staff and Conservation Collier staff to take a look at it and work with others. But I just think that philosophically I don't think we should be engaging in a very long-term lease. I'm aware of all the benefits that the cattle lease provides to Pepper Ranch. MS. SULECKI: Well, our -- COMMISSIONER NANCE: And let me finish just one second. Normally leasing of cattle land to a landowner's greatest benefit is to provide a tax relief to the owners of the property. There's not a tremendous amount of money that can be made from cattle leasing. And obviously your thoughtful response to me is much appreciated, but you have to realize that maintenance of the land and the maintenance of the fences is usually pretty much all a lessee can provide as far as benefits. And I think your own responses to me describing how much it was going to take care of to maintain the pastures, to maintain the fences regarding the monies that you're receiving, that's not my concern, I understand that. But what I want to do is I want to make sure that we're coordinated well with the Basin, Florida Gulf Coast University, the University of Florida and everybody that's currently working at Lake Trafford, just to make sure that the cattle lease and the discharge of waters into Lake Trafford are not going to be deleterious. And I think one of the first things you told me was that there was no water quality data available at the time to say whether it was a big Page 33 May 27, 2014 problem or a benefit. I don't think it's a huge problem, but I think we owe it to ourselves since the Conservation Collier effort is exactly that, it's conservation effort, it's not a leasing effort, that we understand, you know, the impacts and how it's impacting the marshes and the wet prairies we have on the south side of the cattle lease properties. And also engage in a discussion on how other than cattle leasing, are we going to control the smut grass and the Soda Apple and the invasives and so on and so forth. So I don't think there's a lot of money to be made in this effort when you look at the cost of doing it, but I just want -- that's why my motion is to cut back the term of the lease to allow everybody to refocus on this. And my intention is not to disrupt the lease, it's to make sure that we have a good focus on learning what the impacts if any are on the restoration efforts of the lake. MS. SULECKI: May I respond to that briefly before you take the vote? I have talked to the lessor, the cattle operator, and running a cattle operation is a very expensive oper -- a commitment in resources. Also doing the fencing that we've asked them to do. And they are not interested in an one-year lease. That's not enough time to recoup their investment. So -- CHAIRMAN HENNING: Well, this is a -- they've been on the property. It actually has expired. MS. SULECKI: Yes. CHAIRMAN HENNING: Okay, so -- MS. SULECKI: Yes, but they would not be interested in an one-year lease is what the communication to me was. MR. CARNELL: If I could, Steve Camel', Public Services Administrator. I think this may be a little bit of semantics here. I would suggest Page 34 May 27, 2014 to you that you approve the lease, and if Commissioner Nance is willing to put in this as part of his motion, that staff come back to you in 12 months with a report -- COMMISSIONER NANCE: If you want -- I will change my motion. Let's go ahead and approve the lease but within a year I would like everyone to come back and evaluate it to see if we're heading in the right direction. MR. CARNELL: Correct. COMMISSIONER NANCE: That's my only concern. MR. CARNELL: And the Board will always have the right to terminate -- COMMISSIONER NANCE: I'm not trying to cause anybody any heartache. But I just want to bring attention to this issue, because I do think it's important when you examine what everybody else is doing and all the monies that are being spent on restoring the lake. I just want to make sure that we're not re-contributing pollutants that we can otherwise mitigate or manage. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Well, my suggestion was going to be what Steve Carnell just recommended. And the reason is because, you know, I can't believe that all these agencies haven't looked at what was going on and what the impact was over all this time that we have engaged in cattle leasing. It's been years and years. I would be very surprised if they haven't been doing their due diligence with respect to the impact of such leases on the waters of the lake. So, I mean, I don't have a problem with, you know, seconding your motion, Commissioner Nance, that we accept the lease as presented and ask staff to come back in a year and tell us how things are going. CHAIRMAN HENNING: I would imagine you're going to have to -- somebody's going to have to and it should be the lessor -- or the Page 35 May 27, 2014 lessee, I should say, lessee, to provide a water management plan for the leased land. MS. SULECKI: There is a grazing plan, sir, that they're in the process of developing. CHAIRMAN HENNING: A grazing plan? MS. SULECKI: That's what the NRCS requires, grazing plan. And that encompasses the water protection of the water resources. CHAIRMAN HENNING: Who's the NRC? MS. SULECKI: Natural Resource Conservation Service. CHAIRMAN HENNING: They don't have -- MS. SULECKI: USDA. It's part of USDA. CHAIRMAN HENNING: Oh, it's part of USDA. MS. SULECKI: Yes. CHAIRMAN HENNING: Okay. So we'll get that -- we'll get an update on that when? MS. SULECKI: In a year. That's the motion. The grazing plan is in June, we're working on that, with George Poole from NRCS. CHAIRMAN HENNING: And who's developing the plan? MS. SULECKI: The lessor, with our input. And also the agency responsible for that, NRCS. CHAIRMAN HENNING: All right. There's a motion by Commissioner Nance and second by Commissioner Hiller. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. Page 36 May 27, 2014 COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MS. SULECKI: Thank you very much. CHAIRMAN HENNING: Now we have a 10:00 time certain. MR. OCHS: Yes, sir. CHAIRMAN HENNING: Why don't we take it. It's not a big deal. We're going to be discussing it anyways. MR. OCHS: Sure. CHAIRMAN HENNING: It's -- it's not an action item, it's guidance, really. COMMISSIONER FIALA: You are going to be setting records today. Earliest meeting we've had in 14 years. COMMISSIONER HILLER: He's a rock star. Item #11C STAFF TO BRING BACK AN EXPEDITED AMENDMENT TO LAND DEVELOPMENT CODE (LDC) SECTION 2.03.07.G.6.B, ADJUSTING THE DATE FOR PROGRAM PARTICIPATION REGARDING IMMOKALEE NONCONFORMING MOBILE HOME PARKS TO JANUARY 9, 2020. THIS ITEM WAS APPROVED FOR RECONSIDERATION AT THE APRIL 22, 2014 BCC MEETING, ITEM #10A - MOTION FOR STAFF TO RESEARCH AVAILABLE FEDERAL/STATE GRANT OPPORTUNITIES TO PROVIDE MOBILE HOME OWNERS IN IMMOKALEE WITH INCENTIVES THAT WOULD INCLUDING FUNDING AND ALLOWING FOR FLEXIBILITY TO REPAIR OR REPLACE MOBILE HOME UNITS FOR THE HEALTH, SAFETY AND WELFARE OF RESIDENTS — MOTION FAILS; Page 37 May 27, 2014 MOTION FOR STAFF TO WORK WITH THE COUNTY ATTORNEY TO EXAMINE ESTABLISHING AN "AS BUILT" PROGRAM FOR IMMOKALEE MOBILE HOME PARKS OR BRING BACK OTHER ALTERNATIVE OPTIONS TO THE BOARD FOR CONSIDERATION AT A FUTURE DATE — APPROVED MR. OCHS: This is Item 11 .C, and it was continued from the May 13th, 2014 BCC meeting. It was a recommendation to direct staff to bring back an expedited agreement to the Land Development Code regarding mobile home parks, and it was an item that was reconsidered favorably at the April 22nd, 2014 BCC meeting. And Mr. Casalanguida will present. MR. CASALANGUIDA: Actually, Commissioners, I'm here just to answer questions. MR. OCHS: I'm sorry, Nick. Commissioner Hiller had asked for this reconsideration, so it's properly appropriate for her to -- CHAIRMAN HENNING: Commissioner Hiller, then Commissioner Fiala. COMMISSIONER HILLER: And the reason I asked for the reconsideration is because initially I supported the reinstatement of the SIP program for these mobile home parks in Immokalee. And I will not call them nonconforming mobile home parks, because that really is a misnomer. And the reason I changed my mind is after very carefully listening to staffs discussion and going back and researching the history of that program, it became very clear to me that the program wasn't doing what was intended. And what was intended is twofold. The first was to recognize the grandfathering, the legality of the uses of these mobile home parks and sites. Page 38 May 27, 2014 And secondly, to create a program that would allow for voluntary upgrading of these mobile homes to improve the quality of housing for those who either owned or were tenants in mobile home parks. And so to that end, I would like to make a different proposal and that is a proposal that has two prongs: And it's direction to staff to come back to us, and I'd like to suggest that you come back to us in the -- at the second meeting in September. Because I feel that it's very important that you have enough time to develop this program. And obviously it will be in conjunction, you know, with community input. My first suggestion is that you research what grant programs are available through the federal government and through state government that would contribute funding towards the repair and the replacement of mobile home units, and to see if maybe there might be a few property owners in the community that would participate in a pilot program using this grant funding to voluntarily upgrade their mobile homes. For example, Mr. Davenport is sitting in the audience today, he might want to participate and be an applicant, and if he qualifies for this grant funding maybe he would be interesting in, you know, seeing new mobile homes within his trailer park. And all of that is to the end that while it may be that down the road these mobile home parks or mobile home lots eventually transition into a higher use, you know, for example, if, you know, there is a zoning overlay that says industrial once that grandfathering no longer applies and the property owner voluntarily wants to switch the use to the higher use, at least in that transition period as the community is changing that we provide, you know, the best possible housing to those tenants in those parks. And the second direction to staff would be to work with the mobile homeowners in Immokalee to develop a simple, and the emphasis is on simple, process where the owners could submit an Page 39 May 27, 2014 as-built of the existing conditions so as to vest their units as they exist. And then of course subject to whatever the then applicable building and fire codes would apply with an effective date of January 1st, 2014, or possibly another date if another date is deemed to be more in the interest of the community. And then this would allow these units to be replaced and upgraded and improved subject to as-built conditions, and density to be added subject to the LDC. So, for example, if the current density allows for 14 units per acre but a park right now as-built might have 10 units per acre, they could actually get to the 14 units per acre because that's what the LDC provides. If there's any dispute about entitlements, I think it should -- they should be resolved through settlement agreement. You know, we had a -- we just faced a very difficult case in the Blocker case. And how those settlements would be achieved is something obviously that staff should propose by way of a process as well. And that is just my simple recommendation to staff to give some guidance so you can go back and spend the summer developing that kind of a process. And for what it's worth, there are some interesting laws out there that you might want to look at just in developing, you know, the various approaches. There is -- you can look at Chapter 320.8285 of Florida Statutes which talks about on-site inspection and what the various jurisdictions of the federal government, the state government and the county is as it relates to management. Because we are preempted as a consequence of the feds and the state that have actually a quite strong interest in mobile homes. And then there's Peter Gaddy, who's sitting in the audience, actually sent me a copy of the mobile home ordinances that are used by Lee County. I have actually not reviewed these as of yet, but it might be of interest to take a look at those and see if there are any Page 40 May 27, 2014 suggestions or any approaches that they use that could be of benefit or interest to us in managing mobile home parks and mobile home units that are individually owned. CHAIRMAN HENNING: Commissioner Fiala, Commissioner Nance. COMMISSIONER FIALA: Thank you very much. When I talked with Nick, Nick had mentioned something about this would be a countywide ordinance then in place in the LDC, and I was -- and I would prefer if this is what the Immokaleens want, fine, but I don't think it should affect the rest of the county. And I would like to separate that off. And you said it can be done, right? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: There's no equal protection issue? MR. KLATZKOW: We'll structure it so that it's fine, ma'am. COMMISSIONER FIALA: Pardon me? MR. KLATZKOW: We'll structure it so that it's fine. COMMISSIONER FIALA: Okay, good. And there were a couple other questions that I had. But if we then can separate it off, because some of the wording was -- had implications that I wasn't quite sure. But as long as it will not affect the rest of the county, then I'll just let my questions go. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, I appreciate Commissioner Hiller's additional discussion on this item. I think it's very important that the government provide some stability and clear rules and regulations on this. I think it's very unfortunate that we -- that over time people that are in this business and operate housing parks in Immokalee and elsewhere throughout the county have felt like they've been constantly besieged by an ever-moving set of regulations on ordinance and code Page 41 May 27, 2014 which they felt was threatening to put them out of business or make it so that they couldn't afford to be in business and provide low cost housing that is very much needed in blue collar working areas and in areas that are real high on agribusiness. So I very much support Commissioner Hiller's direction and I think we should just let staff come back and bring some guidance to us as to what we can do to provide some stability on this issue and, you know, encourage people to make investments in improving their parks and going forward. So I certainly support the suggestion. CHAIRMAN HENNING: I have a question about the guidance. I mean, I'm hearing grandfathering. Are we -- I know that staff was going to bring back an item of change in the LDC to address just the health and safety, and not address things like landscaping. Is that -- when you're talking about grandfathering, are you grandfathering the health or safety conditions as they exist today? COMMISSIONER HILLER: You have to -- there are different issues. I mean, grandfathering relates to vested property rights. And that's what we're talking about. Health/safety is governed by various different codes. And whatever the applicable code is regarding whatever that particular issue is, is addressed in that fashion. There are two completely different discussions. One goes to use and density and the other goes to public health, safety and welfare, and they're two different buckets. CHAIRMAN HENNING: Okay. Well, it was an extension of the trailer parks for -- to come in compliance with all issues. Now, staff was going to bring something back to extend that; however, just addressing the health, safety and welfare. COMMISSIONER HILLER: Well, again, there are two separate issues. You cannot force these people to change what they're doing if they're legally grandfathered under different codes. To do so -- CHAIRMAN HENNING: Tell us what the code is that's giving Page 42 May 27, 2014 grandfathering. Because there's no grandfathering in the LDC. COMMISSIONER HILLER: Grandfathering is a property rights issue. CHAIRMAN HENNING: What's the code number? COMMISSIONER HILLER: It's a land use principle. MR. CASALANGUIDA: You have a non-conforming portion in your -- COMMISSIONER HILLER: You do. MR. CASALANGUIDA: -- code that allows for nonconforming issues. But I think your question talks about three different entities. The Board of Health regulates the living conditions inside the trailers. CHAIRMAN HENNING: Correct. MR. CASALANGUIDA: Your staff, under the Florida Building Code, regulates tie-downs, plumbing, electrical, access, egress, so that section of the Code covers that portion. Your FEMA requirement sets the elevation of the trailers. And I think what the intent I'm hearing this is it's just as a zoning and location so the building official can allow replacement is what this process will bring forward. You would submit an as-built conditions of where they are. That as-built will compare it to the zoning that's entitled on that property. And if it's consistent then simply that as-built would vest those units. Then the Florida Building Code would come in for the health, safety, welfare of the plumbing, electrical, tie-down and access egress. The Board of Health would take care of living conditions inside. And then obviously FEMA would set the grades that the materials would be replaced at based on flood elevation. So you've got several codes working together. And what I believe the Commission is proposing is only dealing with zoning entitlements, investing the location of the -- Page 43 May 27, 2014 COMMISSIONER HILLER: Correct. And -- CHAIRMAN HENNING: Well, let's -- hang on. Let's go back to the -- COMMISSIONER HILLER: Here's the statute. CHAIRMAN HENNING: Hang on. Let's go back to the provision in the existing code addressing the mobile home parks just in Immokalee and a request to extend. What were you -- what does the code provide? MR. CASALANGUIDA: Well, the code has since expired in that site improvement process -- COMMISSIONER HILLER: Doesn't provide anything. MR. CASALANGUIDA: They'd have to follow the regular process of the LDC, because that provision is gone. So their original direction was to change the date to open that process back up again. My understanding now is that the new process is to come up with -- well, the new request -- is to come up with simply an as-built condition to identify their location. CHAIRMAN HENNING: What did the expired code address? MR. CASALANGUIDA: Talked about coming into compliance by submitting a site improvement plan to the greatest extent possible. It referenced sections of the code where you would look at drainage, access egress, landscaping, certain things that allowed you to come up to the best compliance you can. Right now your code says when you modify a site you bring it to the greatest extent possible, your existing site improvement plan process. The one for Immokalee was a deviation or a lower standard that was in place at the time. The original request was just to change the date to open it back up again. What I understand it now to be, this is a little bit different of a request, and I can certainly work with this as well too. CHAIRMAN HENNING: So what is being proposed, is there Page 44 May 27, 2014 any drainage or access that's going to be addressed? MR. CASALANGUIDA: Not my understanding from what I just heard. COMMISSIONER HILLER: And that is correct. And the reason is, is because there's no nexus between making those site improvements to the owner's right to replace a unit. And basically what was happening is there was a program in place that was holding these mobile homeowners individually, or whether they owned these units as part of a park, from being able to upgrade and replace dilapidated or units that were in lesser condition unless they made improvements to the site. Which is an unreasonable burden since they were grandfathered in under older codes. And it's really interesting, because if you look at Chapter 320 and particularly Section 82.85 it explains, you know, what the jurisdiction of the county is and how we are limited versus the Department of Highway Safety and Motor Vehicles. And it goes on to say -- and this goes to your issue of grandfathering and, you know, the date of the unit, if I'm understanding the point you're trying to make. It says: No local jurisdiction shall prohibit siting or re-siting of used mobile homes based solely on the date the unit was manufactured. Which goes back to, you know, when it was put in place, what the codes were at that time and, you know, basically what the site was like at that point in time. CHAIRMAN HENNING: Well, no -- COMMISSIONER HILLER: If I replace the air conditioning on my house, I am not required to bring my entire lot up to current site development standards. All of that is grandfathered in. And in effect that was what the old proposal was suggesting was necessary and was an unreasonable burden. It was a disincentive on these property owners to upgrade their property. And what we want to do is Page 45 May 27, 2014 incentivize them to make these properties as best as they can possibly be by recognizing legally vested property rights without violating any, you know, equal protection clause, and providing them with mechanisms to fund these improvements as directed -- or not directed but as offered by the federal government and the state government. I mean, the federal government has a vested interest in seeing these mobile homes upgraded. They have programs where they specifically want to see that happen. They recognize mobile homes as a type of affordable housing. And so, you know, we will be able to do a lot more for many more people by assisting in replacing and adding mobile homes where they have either been destroyed or are in poor condition. And we want to help these low income residents. CHAIRMAN HENNING: Okay, the statute you just read has to deal with a mobile home structure itself, not the site development. COMMISSIONER HILLER: Well, that's what you're talking about. You're talking -- your issue initially was what are we doing about public health, safety and welfare. Well, that's what this addresses with respect to the site improvement. You know, whether they have landscaping in a parking lot in no way goes to public health, safety and welfare. CHAIRMAN HENNING: Correct. COMMISSIONER HILLER: And we can't require them to do something to their property to improve that property with respect to their site based on what the current standards are when they are grandfathered under the law that existed at the time that they, you know, placed those units in service. So it's -- you know, you don't want to mix apples and oranges. There are two separate issues here. CHAIRMAN HENNING: I'm just trying to understand, because the statute I'm looking at that you cited -- Page 46 May 27, 2014 COMMISSIONER HILLER: Because that goes to the issue of the health/safety. CHAIRMAN HENNING: -- has nothing to do with the property itself. It has to do with the mobile home. COMMISSIONER HILLER: The property has nothing to do with the condition of the unit. And that's why you have to distinguish the two. This chapter addresses the condition of the unit. The condition of the site is not related to the condition of the unit. And to prohibit these people from engaging in wanting to upgrade these units by forcing them to do something to their site is counterproductive. It goes against what we are trying to do which is allow these property owners to make these mobile homes as best as they can be. CHAIRMAN HENNING: Jeff, I have a question for you. Presently, and correct me if I'm wrong, presently if you pull a building permit like in Golden Gate Estates, you must clear all your exotics, like pepper hedge. That's true, right? MR. CASALANGUIDA: That's true. MR. KLATZKOW: Yes. CHAIRMAN HENNING: So where's the equal protection plan if we have different standards for people in the county? What's the difference? MR. KLATZKOW: The whole point of zoning is to give people different standards. CHAIRMAN HENNING: I'm sorry? MR. KLATZKOW: The whole point of zoning is to treat different parcels differently. Some people have R-4, some people have R-8, some people have industrial, some people have commercial, some people have overlays. That's zoning. CHAIRMAN HENNING: That's zoning. I'm talking about in this case pepper hedge where, you know, some people are allergic to them. That's why we're requesting them to remove it, if you pull a Page 47 May 27, 2014 building permit. That's the health/safety issue within the code. So what Commissioner Hiller is saying is we're not going to address the health/safety issues within the mobile homes in Immokalee? COMMISSIONER HILLER: No. Commissioner Henning, how could you say that? CHAIRMAN HENNING: I'm trying to understand. You're saying they're grandfathered and the county can't do anything with their site plan. COMMISSIONER HILLER: They are grandfathered. I mean, those sites were developed under different standards. And if what they're doing doesn't affect their site then they have -- they should not be forced to do things to their site. Our goal is not to make site improvements. Our goal is to see that these units get replaced. And if we're building a program that is going to deter these people from wanting to voluntarily improve those mobile homes for as long as they have the legal right to have them there, then we are not helping in any way to improve the quality of housing for the tenants or the owners. CHAIRMAN HENNING: So you're saying if they change the mobile home, it's not changing their site. COMMISSIONER HILLER: No, exactly right. CHAIRMAN HENNING: Then therefore -- COMMISSIONER HILLER: Right. CHAIRMAN HENNING: -- they don't want to do any kind of site improvements plans. COMMISSIONER HILLER: Correct. They're replacing -- CHAIRMAN HENNING: So if an owner in Golden Gate Estates replaces their air conditioning and -- COMMISSIONER HILLER: They don't have to cut peppers out. CHAIRMAN HENNING: They don't have to cut -- Page 48 May 27, 2014 COMMISSIONER HILLER: No. MR. CASALANGUIDA: Not to replace air conditioner -- COMMISSIONER HILLER: No, of course not. CHAIRMAN HENNING: So when do they have to do that? MR. CASALANGUIDA: Well, you get triggered and it gets into federal requirements in the Florida Building Code. Like for instance FEMA. And I'll take you back down to the zoning level. FEMA says if you do more than 50 percent improvement to a structure you have to meet the new code. Florida Building Code basically says the same thing. You start to improve a property for maintenance and rehabilitation above 50 percent of its value, then the whole structure has to meet the new building code. So if it's a like for like replacement and you're just saying to replace it at that -- you know, in other words the unit five feet off the property line, 10 feet off another trailer and all they want to do is replace that unit like for like. And it's a little different because it's not a Building Code issue other than plumbing, electrical tie-down and egress -- COMMISSIONER HILLER: Right, we don't fix it. Completely different. CHAIRMAN HENNING: So my question is, when do you have to clear exotics on your lot in Golden Gate Estates? It's not in air conditioning you said. MR. CASALANGUIDA: Right. CHAIRMAN HENNING: So when is it? MR. CASALANGUIDA: We just covered it, and I have it on my desk with the Mr. Tierney issue. It's when you do an accessory structure. But it's not required for a shed, it's not required for maintenance. But if you do a certain threshold accessory structure or improvement to your home, not internal, external, then -- CHAIRMAN HENNING: External. Page 49 May 27, 2014 MR. CASALANGUIDA: Right. Then you're required to clear the exotics off. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I would prefer to wait until after the public speakers have spoken. CHAIRMAN HENNING: Okay. Commissioner Nance? COMMISSIONER NANCE: Yes. I would just remind everybody that these mobile homes are tagged and licensed vehicles. They're vehicles. They're not structures, they're vehicles. And they were manufactured and licensed under various and sundry standards over time. A lot of the ones that are located in Immokalee have substantial age. That doesn't mean they're bad, it just means that the standards are very different. So we have to be able to take that into consideration. And just because they're old doesn't mean they're necessarily bad. Their construction may actually be finer than some of the currently manufactured ones today. We don't know. But I just think we need a little bit of flexibility in allowing people to utilize these structures which are available economically and allow people to keep rents low for people that need that sort of affordable housing. It's a good thing. I think it supports our industry there and we just need to come to grips with it. There's many elements. And certainly nobody wants to sacrifice an issue of safety or health. COMMISSIONER HILLER: No, of course not. CHAIRMAN HENNING: Can we hear from the public speakers, please. MR. MILLER: Yes, Mr. Chairman. We have two registered speakers. Your first speaker is Robert Davenport. He'll be followed by Peter Gaddy. MR. DAVENPORT: Yes, for the record, my name's Robert Page 50 May 27, 2014 Davenport. A mobile home park, or the way it's set up, is to move units in and out. And what they call a building permit is not a building permit, it's only a tie-down permit. And the problem we got right now with the SIP process, it stops everything. Completely stops everything. We can't replace a unit that needs to be replaced. So the bottom line is the SIP process, if you didn't spend the thousands of dollars per lot, you can't even replace a unit that needs replacing. I'd be happy to work with staff on the compromise. Lee County did do lots of records or units of records, and the code was 86.36? 86.36 or something. But they did a very, very simple, very simple as-built and they used the aerials and all kinds of things to make it. Thank you. COMMISSIONER FIALA: Could I ask the speaker a question? CHAIRMAN HENNING: Yes. COMMISSIONER FIALA: Commissioner Nance referred to one of the reasons they want to do this is to keep rents low. How much is rent on a trailer? MR. DAVENPORT: It depends on how it's rented or leased. I only deal with mobile home lots and they run between 260 and 300, depending on what the amenities are in the park. COMMISSIONER FIALA: So in other words they bring in their own unit, you just rent the lots. MR. DAVENPORT: In my case yes, that's the only thing I do. COMMISSIONER FIALA: Do you know how much they are in regular trailers? MR. DAVENPORT: I do, but I'm not commenting. CHAIRMAN HENNING: Okay, next speaker. MR. MILLER: Your next speaker is Peter Gaddy. MR. GADDY: Peter Gaddy, Golden Gate Estates. I think that the Commission is moving in the right direction on Page 51 May 27, 2014 this. And I think the important elements here are number one, to recognize the legality; number two, provide some pathway for improvement of these properties; and number three, provide for an eventual transition to a higher use. I don't want to beat the SIP process to death, but under the SIP process, which was basically a failure because people did not participate, I think Mr. Davenport was one of the exceptions to that. But when -- the SIP process actually began with a pre-application conference. And at that pre-application conference administrators from the Building Department back in those days would gin up all these new requirements that they felt these mobile home parks should have. They should have lighting, they should have drainage, they should have blacktop paving, they should have landscaping, everyone should have a sidewalk. Well, none of these things were required under the codes in effect at the time these places were built. And I think one of the things that it's important to do would be to memorialize the various regulations that have been in effect over the years. This is one thing that Lee County has done. If you're built prior to 1962, one type of setback applies. If you're between '68 and '73, your setback's a little bigger. If you're built after 1973 or 1978 a different setback applies. So we need to provide some certainty to these property owners so that we can move forward. Thank you. CHAIRMAN HENNING: If I recall, there was a court case to where a local government has to rely on the regulations of a property when the property was platted or improved or whatever. Is that correct? Do you recall that? MR. KLATZKOW: I don't recall the case, but that's the general principle, yeah. COMMISSIONER HILLER: It's the principle of grandfathering. CHAIRMAN HENNING: So these mobile homes would have to Page 52 May 27, 2014 come into any kind of compliance based upon when they were -- they started the business of having mobile homes or developed a property. COMMISSIONER HILLER: They have to be compliant with the code that was applicable to them. Like, for example, what Mr. Gaddy just said, you know, if you were built during this period of time the setback is so many feet. If you're built during a different period of time, the setback at that time was that. So you're correct, they have to conform to the law that applies to them. Not the current law but the law applicable to them. And that's the whole issue of grandfathering. So yes, they do have to be legally compliant with that -- CHAIRMAN HENNING: The code at the time. COMMISSIONER HILLER: -- code that applies to them. Like I have an old house. I have to, to the extent that I haven't changed my -- I don't know, hypothetically my electrical, then my electrical system has to be compliant to whatever the applicable code was at the time that my system was put in place. MR. KLATZKO W: That's not quite -- CHAIRMAN HENNING: Yeah, we're talking about setbacks. COMMISSIONER HILLER: I know, we are talking about -- I'm just giving a simple example, though. CHAIRMAN HENNING: Yeah, because the Florida Building Code tells you, all right, you've got to tie your roof in when you replace your roof; is that correct? MR. CASALANGUIDA: That's correct. CHAIRMAN HENNING: And that's the Florida -- MR. CASALANGUIDA: Building Code. CHAIRMAN HENNING: -- Building Code. MR. CASALANGUIDA: That's right. COMMISSIONER HILLER: But there are different building codes. Like there's a 1991 Building Code, the 1995 Building Code, Page 53 May 27, 2014 the 2000 Building Code. So, you know, you're not -- if I'm not making a change to my system, I'm tied to the code that I was permitted under. MR. CASALANGUIDA: No, ma'am. If you replace your windows -- COMMISSIONER HILLER: No, I said if I'm not changing anything. If what I have is as-is, I am bound by the code that I was permitted under. MR. CASALANGUIDA: Existing conditions, you're correct. COMMISSIONER HILLER: I said existing conditions. I'm not replacing a particular unit. Now, with respect to the units here, these units are actually C.O.'d by -- are they actually C.O.'d by HUD or by the state? MR. CASALANGUIDA: They're not -- the Board of Health checks the living conditions. COMMISSIONER HILLER: No, no, I'm just -- MR. CASALANGUIDA: The structures themselves -- COMMISSIONER HILLER: Right. MR. CASALANGUIDA: -- are governed actually under the Department of Transportation. It's federal. They've got -- COMMISSIONER HILLER: You've got -- the actual construction code I believe is the HUD code. MR. CASALANGUIDA: It is not your Building Code, that's correct. COMMISSIONER HILLER: Right, it's not the Building Code. And I believe that the actual -- the Department of Motor Vehicles I believe is what gives you the permit to -- MR. CASALANGUIDA: They come with a set of approved what we call them specs by the Department of Motor Vehicles or a federal agency. We've been told that when they review the Building Code, it is not something a building official looks at -- Page 54 May 27, 2014 COMMISSIONER HILLER: Right. MR. CASALANGUIDA: They cut into the structure. COMMISSIONER NANCE: They're vehicles. MR. CASALANGUIDA: They're vehicles. COMMISSIONER HILLER: Right. CHAIRMAN HENNING: Well, if there's enough votes to bring this, you know, new guidance back, we need some answers, legal answers -- MR. CASALANGUIDA: Sure. CHAIRMAN HENNING: -- on what, you know, what we may do. And that would be, you know, going by the code at the time that the trailer park exists. MR. KLATZKOW: Commissioner, what we need from you is your policy direction. I can then structure it so that it's legal. CHAIRMAN HENNING: Right. MR. KLATZKOW: What Lee County did here is they said okay, well -- and they gave you different years. If you were built then, you get this, if you were built then, you get that. If that's a policy of the Board, we can do that. We're just going to implement your policy. And there's little confusion I think as to what the direction is here. COMMISSIONER HILLER: And my direction is to parallel what Lee has done, which is to recognize whatever the code was applicable to the time that, you know, that particular park or unit was put into use. MR. KLATZKOW: So you don't want anybody there being legal nonconforming. COMMISSIONER HILLER: You want them to be vested and to be legally conforming. MR. KLATZKOW: That's a different issue. COMMISSIONER HILLER: We want them to be legally Page 55 May 27, 2014 conforming -- I'm sorry, legally grandfathered. MR. KLATZKOW: No, it's a different issue. COMMISSIONER HILLER: No. MR. KLATZKOW: Yes, it is. What you're asking for -- and it comes down to what Nick said, if you have 50 percent occurrence on your property that to rebuild it you have to rebuild it to current standards. And that includes zoning. All right? So what you're saying is that if you were built in 1960, that whatever requirements we had then, that's what you have. If you were built in 1970 those are the requirements that you have. And we can do that for the Immokalee area for the -- MR. CASALANGUIDA: If I can interrupt? And I'm talking to Mike. That's -- I'm going to look into what Lee County did. I think that's a can of worms. We're going to get into all these debates of what was there and what year, looking into an area the exact location. My preference would be is we pick a date and say shown as-built. Look at the aerial. This is the way it exists today as of this date. Then the things I would look at would be Florida Building Code for separation, Florida Fire Code for separation. If there are any conflicts with those codes, I would address that with the property owner so we'd identify them in that as-built condition. My fear is we're picking five-year blocks, I'm going to be having a lot of meetings with a lot of people trying to debate when those blocks were. COMMISSIONER HILLER: But, you know, my perspective is that you need to go back and evaluate what makes most sense. I mean, I gave you the direction I gave you. I think my motion was very clear. If you believe it's better to do it the way as you just described now versus how Lee County has done, evaluate that and come back to us with a proposal. MR. CASALANGUIDA: Sure. Page 56 May 27, 2014 COMMISSIONER HILLER: From my perspective, what I care about is that we recognize those properties that are legally grandfathered, you know, recognize what's on those properties at this time, and create a very simple process to allow them to voluntarily upgrade those units so that we can improve the quality of life for people in Immokalee. And to do it in conjunction with our grants division by looking for sources of funding to, you know, create financially feasible mechanisms for them to improve the units themselves. And by the way, the tie-down I believe is going to the issue of drainage. I believe FEMA sets the standard for the elevations regarding the tie-down to make sure there are no drainage issues. MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: And that would go to the tie-down permit that would be pulled at this time. MR. CASALANGUIDA: Tie-down's a Building Code, elevation's -- COMMISSIONER HILLER: Right. MR. CASALANGUIDA: And Commissioners, just to give you a little comfort, I think staff intends to get with all the mobile homeowners out in Immokalee and talk about what their issues are and concerns. The site improvement plan process is like it is in the regular code right now, is intended to upgrade the site the best level you can. If you're saying -- because these are a cross between residential units and a commercial use. That's why there's a little bit of a difference to these two. I think our intent to be would be to meet with them, you know, maybe have the Commissioner of the district attend some of the meetings, as he's got a good understanding and knowledge of what's going on, and bring you back some proposals. And we'll compare our Page 57 May 27, 2014 proposal to what Lee County does and other areas, and give you some thoughtful guidance at that point in time. If we don't get it right, we'll have some healthy discussion and bring it back a second time. But I think our staff intends to meet with these folks, come up with some good information and give you something to consider the next time we're here. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, a lot of the comments this morning from the Board imply that there has been no improvement in the situation in mobile home parks in Immokalee and that there cannot be any improvements unless we change the regulations. I think that is untrue. I think that the current requirements of 2.0307(G)(6) provide a very specific way to solve these problems. No new legislation is required. And it has always been a -- they've always been able to do that. But if we want to make a better way of getting it done, I'm not going to stand in the way of it, although I don't think it's necessary. The point is, if you look at the results of the survey of mobile home parks in 2004 and you compare it to the report in 2011, you will find that there was substantial improvement during that period, and it was because of enforcement of our zoning codes, both health, safety and others. So there has been a big improvement. Now, having said that, I understand that there should continue to be improvement. But it's complex because we are speaking here from this Board as if every unit in a mobile home park is owned by the owner of the mobile home park. We're talking about getting federal or state grants to help them replace those units and/or improve them. And I have a fundamental opposition to that, where you're paying a businessman to buy new units from which he makes a profit rather than investing his own money to do that. Page 58 May 27, 2014 So there's a big difference between recreational vehicles, manufactured homes, mobile homes and whatever else you might want to put out there. And there's a difference based upon who owns those things. So from the standpoint of looking at federal grants to get this done, I think we should look to the owners of the parks to get these things done because that is their responsibility. It is their investment. It is, to those who own the units there, it is their property. And to those who do not own the units there, they can't do anything about those units anyway except tell them to leave if they're not conforming to the regulations. So bottom line, I think the regulations are clear. We have the capability to resolve these problems. The problems are so variable it's going to take independent meetings with these operators and owners. So why not use the provisions we already have to get that done. And -- because you're going to have to develop some sort of a settlement agreement for those people based upon their unique circumstances. That removes the problem of you trying to decide if you were built this time you get this and if you built that time you get that. You can tailor some settlement agreements with people that address their specific needs and unique circumstances. But I would very strongly oppose using federal or state grant money to fund the replacement and/or improvement of the units that are owned by the park operators. CHAIRMAN HENNING: Commissioner Nance, then Commissioner Hiller. COMMISSIONER NANCE: Yes, I think it is important that we take another stab at this. I agree with Commissioner Coyle, the data shows clearly that the situation and the condition of mobile homes in Immokalee has improved within the period of time that he discusses it. However, I will tell you that a great deal of that improvement occurred Page 59 May 27, 2014 because of several things, in addition to the enforcement of codes; one of which was Hurricane Wilma which simply eliminated a lot of the homes that were in the worst condition and were weak and needed to be replaced to begin with. The second thing was some very good agricultural years which gave people the money to do that. I do not think that this board should consider that its SIP program was necessarily the driver in the improvements of the condition. I think the SIP program, because of many of the issues that have been mentioned today, was not as big a success as we would have wanted. So I really support what Nick says, I believe we should give staff an opportunity to take a look at this and come up with a plan that is an incentive. CHAIRMAN HENNING: Is that a revised motion? COMMISSIONER HILLER: No, the motion stands. That's what -- I proposed a motion that creates incentivization. COMMISSIONER FIALA: And the motion included this targeting only Immokalee, not other parts of the county? COMMISSIONER HILLER: I don't have a problem adding that. As long as it doesn't violate equal protection and we are in no way, you know, treating certain properties that are similarly situated in a desperate fashion, that's fine. But it just needs to be, you know, legally correct. As long as it can be done that way. CHAIRMAN HENNING: Okay, Commissioner Nance, did I interrupt you? COMMISSIONER NANCE: Yes, I just once again, I just think we need to move forward with a new effort to allow these business people to have some stability and some things that they can count on. We have to have regulations that are clear. And I agree with Commissioner Coyle, I think it's going to take some custom work, but then again, the SIP program that we had that Page 60 May 27, 2014 sunsetted in 2003 was the same way. So in that regard I think it's the only way it can be effective is if it has some elements that address the individual circumstances. But I would certainly like to allow these people a level of comfort in dealing with the government and the regulations that they do have to meet so that they can go ahead and commit their monies. Because I feel like the situation we have at present is discouraging them from doing so, and I think it's counterproductive to our goals. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Thank you. And Commissioner Nance, exactly what you have said is part and parcel of the motion I made, including the flexibility. In response to Commissioner Coyle, Commissioner Coyle, you have consistently voted to give public tax dollars to businesses within the CRAs to allow them to improve, whether it's, you know, the inside kitchen, the outside roof, the signage. You know, we have consistently in our effort to see change in the CRAs given grant awards to businesses. So to suggest that mobile home parks are somehow different, and in this case we're not using local tax dollars, we'll be using clearly established programs for that intended use, be they federal or state. And this is basically repatriating those tax dollars which are out there that even our citizens have paid towards to bring them back to this community to help improve low income housing. So I'm not sure I understand, you know, why, you know, you have a different standard for, you know, certain types of business owners over others. The other issue is these programs out there, as I understand, and I've only been given very limited information, but there are a number of programs out there. And we even have funding currently available within the county that we have not expended that could be used Page 61 May 27, 2014 towards this end; could not only be used for the businesses but also for individual homeowners to improve the conditions of those units. And of course staff has to investigate, you know, what exactly can be done to what extent and how these property owners would qualify. But we want to make these units better for as long as they're there until the decision is made for them either, you know, to be replaced by some other use or not to be used at all. COMMISSIONER COYLE: I'll answer Commissioner Hiller's question. You're confusing federal and/or state grant money with Community Redevelopment Agency money. COMMISSIONER HILLER: Which is property tax dollars from those poor people in that neighborhood. COMMISSIONER COYLE: From those people in the neighborhood who willingly establish the Community Redevelopment Agency and they're using their own money for the purpose of helping to improve their neighborhood. So that is the difference. And I strongly support one, I do not support taking federal tax dollars and/or state tax dollars and giving them to businessmen who should have the capability to invest in their own properties and maintain them properly. CHAIRMAN HENNING: Okay, all in favor of the motion, signify by saying aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Motion fails, 3-2. Page 62 May 27, 2014 Is there a subsequent motion? COMMISSIONER NANCE: Yes, I will make a motion to direct staff to work together with the County Attorney to examine establishing an as-built -- CHAIRMAN HENNING: Program. COMMISSIONER NANCE: -- an as-built program for the Immokalee home parks or, alternatively, to bring back other alternative options to the Board for consideration at a future date. CHAIRMAN HENNING: Is there a second to the motion? COMMISSIONER HILLER: I'll second that. CHAIRMAN HENNING: Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Motion carries 3-2, Commissioner Coyle, Commissioner Fiala dissenting. We're going to take a break and be back at 11 :00 p.m. (sic). (Recess.) CHAIRMAN HENNING: Board's back in session. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Now we're at public comments on general topics not on the Page 63 May 27, 2014 agenda. MR. MILLER: I have no registered speakers for public comment. CHAIRMAN HENNING: Okay, thank you. County Manager, we're at communications? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Yes, sir. Nothing today except to note over the weekend some good news. We got a report from Dr. Beach that Barefoot Beach is ranked first in the country for beaches. COMMISSIONER HILLER: And Wiggins too. MR. OCHS: Wiggins was number 10. So good news for Collier and Lee County. COMMISSIONER HILLER: Absolutely. MR. OCHS: That's all I have, sir. CHAIRMAN HENNING: Okay, County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Nothing. CHAIRMAN HENNING: Two things. I'm not going to be at the July workshop. That's on public -- that's the -- COMMISSIONER FIALA: July 1st. MR. DURHAM: Public Safety Authority? CHAIRMAN HENNING: Public Safety Authority. I'm going to miss that meeting. Also, being on the canvassing board, and they have a meeting on July 4th. And so you're going to fill in. Do you need any correspondence so you can put that on your calendar? Page 64 May 27, 2014 COMMISSIONER FIALA: You know what, they already asked me and I already put it on. CHAIRMAN HENNING: Oh, okay, good. Great. I don't have anything. Commissioner Hiller? COMMISSIONER HILLER: Yeah, I have several things. And some of them relate to the Naples Daily News and some of them are just community related. The first thing I'd like to say is I was very happy to see the Naples Daily News announce that we are about to have our All Star high school baseball game tonight. And that's going to be held at Barron Collier. And there will be two teams, north and south, made up of a compilation of the best players from the various schools within the various parts of the county. And that's $5.00 at Barron Collier. So that's a very important activity and I hope everybody goes and supports the teams. The second thing, the Naples Daily News wrote an editorial which I thought was very commendable. I in fact admired it. And I wondered if the sensitivity in this editorial was because it was written by a woman or if there was such a thing as a compassionate male editor at that paper. And I'm not going to speculate, but I would like to find out at some point. And it was the editorial about how we should remember fallen troops on Memorial Day, about placing fresh flowers on the graves even if we didn't know, you know, the soldier that might be buried there. And I thought that was very well written. The other thing I would like to mention is that Brent Batten recently wrote an article referring to what happened in the Blocker case as revisionist history. And he referred to a comment made by Commissioner Coyle in our closed session which is now a matter of public record regarding the settlement discussions. And Commissioner Coyle said that there was no new evidence since the Code Page 65 May 27, 2014 Enforcement hearing and then subsequent related hearings in -- at the circuit court and appellate court level that would warrant settlement. And in fact that statement was completely false. And the evidence is very much not only in -- on this board's public record but also a matter of the court records. And the two issues that came forward in the separate Burt Harris action subsequent to the Code Enforcement action was as follows: The first is, is staff went on the record I believe it was in December of either 2012 or 2013, I don't have the notes in front of me, but again it's all a matter of public record. And I believe it was Commissioner Henning who brought it out through questioning. And staff admitted on the record that the Blockers' property as used was in fact consistent with the comprehensive plan. And the other thing that came out in the courts was that the county had engaged in fraud on the court and there was evidence that the staff county prosecuting attorney had in fact advised the Code Enforcement Board secretary, an officer of the Code Enforcement Board who happened to also be an employee of Code Enforcement, that the Blockers should be denied the right to be reheard, obviously going to the issue of a violation of their due process rights. And the then sitting judge, Judge Pivacek, said that -- she questioned whether Judge Hayes in the certiorari hearing would not have ruled against the county had he known that. And obviously that would have caused a reversal of what had been adjudicated. So, you know, these are very significant issues. And just by the way, continuing on the issue of fraud on the court, the County Attorney, not Jeff, but the prosecutor at that time asked to have Judge Pivacek removed because I believe she said that Judge Pivacek's ruling, you know, basically heralded what was going to happen to the county in the Burt Harris action. And the next judge that sat in place of Judge Pivacek was Judge Page 66 May 27, 2014 Hardt. And Judge Hardt found that the evidence which the county tried to suppress showing fraud on the court was in fact admissible, upholding Judge Pivacek's ruling. And those were the -- that was the set of-- the two pieces of significant new evidence which then led to the settlement discussions, the mediation and the settlement discussions. And in the record it also shows that it was defined as court ordered mediation. So to go to -- back to the article. You know, Mr. Batten very conveniently leaves out the facts that are clear on the record and fully supported the county's correct decision to settle the Blocker case. And I felt it was very important to bring that forward since the public was misinformed. CHAIRMAN HENNING: Anything else? Are you going to blow Brett a kiss good-bye? COMMISSIONER HILLER: That's French. Or Russian, like one, two, three, right? CHAIRMAN HENNING: Right. COMMISSIONER HILLER: Invisible hug. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. You know, I'm encouraged over time with some changes on the Board. In general, in our discussions and in our action to continue to create policies that are business friendly and that are going to benefit our economy. And, you know, although we get -- sometimes I think we get mucked and mired in some of the small details, and not that they're not important, but generally incentives for people to invest in our community at all levels, whether it's someone that's dealing with affordable housing on up to new businesses at the world corporate level are all important. But I think that our policies are important at all levels and I think the stability that we give the entrepreneurs, whether they're new or whether they're old and established, is very important. Page 67 May 27, 2014 So I appreciate the direction of the Board in general. And I had a great day yesterday with Memorial Day, very nice. It's always nice to support our veterans and our troops and those who have sacrificed. So other than that, wishing everybody a good rest of the week and my thanks to all of you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I wouldn't have had anything if Commissioner Hiller hadn't started talking, but I would like to respond just briefly. The -- you know, I've learned over what, three years, almost four years of experience that it does no good to argue these issues, because Commissioner Hiller's mind is like a steel trap, once it's closed, it stays closed. And I'm going to leave it at that. No amount of facts or evidence is going to change anything. But the more important issue is after the County Manager ordered his employees to sneak out into the parking lot and cut down that beautiful tree that provided shade over our automobiles, now the sun blazes down on the automobiles all day long and they're really, really hot. And a beautiful tree is gone. I think that is a crime. COMMISSIONER NANCE: See, Commissioner Coyle, that tree did not have the benefit of our specimen tree deliberations that we approved today, sir, as a matter of fact. COMMISSIONER COYLE: Maybe we should have passed that resolution earlier. COMMISSIONER NANCE: Hard to give the tree a pardon. COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: Anything else? (No response.) CHAIRMAN HENNING: Entertain a motion to adjourn. COMMISSIONER COYLE: So moved. COMMISSIONER NANCE: So moved. Page 68 May 27, 2014 CHAIRMAN HENNING: A motion and a second. We are adjourned. **** Commissioner Nance 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 RECORDING THE FINAL PLAT OF NAPLES RESERVE, PHASE II, (APPLICATION NUMBER PPL-PL20130002124), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A2 RECORDING THE FINAL PLAT OF FIDDLER'S CREEK, MARSH COVE - PHASE 1, (APPLICATION NUMBER PL20130002041) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY— THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A3 Page 69 May 27, 2014 RECORDING THE FINAL PLAT OF QUARRY PHASE 6, (APPLICATION NUMBER PL20140000127) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY —W/STIPULATIONS Item #16A4 RECORDING THE FINAL PLAT OF FAITH LANDING PHASE THREE (APPLICATION NUMBER PPLA20140000050), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A5 UTILITY REIMBURSEMENT AGREEMENT WITH THE FLORIDA POWER & LIGHT COMPANY ("FPL"), WHICH ALLOWS FPL'S FACILITIES THAT ARE IN CONFLICT WITH THE PROPOSED ROADWAY IMPROVEMENTS ON COLLIER BOULEVARD FROM GREEN BOULEVARD TO GOLDEN GATE BOULEVARD (PROJECT) TO REMAIN IN PLACE, PROJECT NO. 68056. ESTIMATED FISCAL IMPACT: $169,812 — THE TRAFFIC OPERATIONS DEPARTMENT WILL BE MAINTAINING THE ADDITIONAL 19 LIGHTS IN PERPETUITY AT A COST OF $5,225 PER YEAR Item #16A6 Page 70 May 27, 2014 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR TRIANGLE PLAZA AT LELY RESORT, PL20110000231, AND THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $9,438.91 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — A FINAL INSPECTION FOUND NO DEFECTS IN MATERIALS AND WORKMANSHIP AND THE FACILITIES HAVE BEEN FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A7 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $321,360 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20130000792) FOR WORK ASSOCIATED WITH ESPLANADE AT HACIENDA LAKES PHASE ONE — WORK ASSOCIATED WITH THIS SECURITY HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS Item #16A8 CLERK OF COURTS TO RELEASE PERFORMANCE BOND NO. 5021251 IN THE AMOUNT OF $38,945 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.935, (PL20110002184) FOR WORK ASSOCIATED WITH MARBELLA LAKES — WORK ASSOCIATED WITH THIS SECURITY HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS Page 71 May 27, 2014 Item #16A9 CLERK OF COURTS TO RELEASE A SECURITY IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR WORK ASSOCIATED WITH GFS MARKETPLACE (PL20120002210) — WORK ASSOCIATED WITH THIS SECURITY HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS Item #16A10 AN EASEMENT USE AGREEMENT FOR LOT 58, BLOCK C, HAMMOCK ISLES WHICH WAS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JUNE 10, 2003, AND RECORDED AT PLAT BOOK 40, PAGES 40 THROUGH 47 — DUE TO THE POOL CAGE ENCROACHING 1 .2 FEET INTO A 7.5 FOOT PLATTED DRAINAGE EASEMENT THAT RUNS ALONG THE PROPERTY LINE Item #16A11 RESOLUTION 2014-100: A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $400,000 FOR THE INSTALLATION OF ADVANCE INTERSECTION SIGNS, A RESOLUTION ALLOWING THE CHAIRMAN TO SIGN THE AGREEMENT AND THE NECESSARY BUDGET AMENDMENT Item #16Al2 Page 72 May 27, 2014 RESOLUTION 2014-101 : A TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND COLLIER COUNTY FOR THE MAINTENANCE OF BRICK PAVERS INSTALLED ON SR 84 (RD ID 03030001) FROM MILEPOST 4.084 TO 5.493 FOR A TOTAL OF 7,442 LINEAR FEET UPON COMPLETION OF FINANCIAL PROJECT #195416-4-52-0 Item #16A13 RESOLUTION 2014-102: A FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) HIGHWAY LIGHTING AGREEMENT AND RESOLUTION FOR THE MAINTENANCE OF A FDOT OWNED ROADWAY LIGHTING SYSTEM ON SR84 (DAVIS BOULEVARD), FROM FLORIDA CLUB CIRCLE TO FALLING WATERS BOULEVARD, AGREEING THAT THIS IS TO BE MAINTAINED BY THE TRAFFIC OPERATIONS SECTION OF THE TRANSPORTATION ENGINEERING DEPARTMENT Item #16A14 FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FY 14/15 WORK ORDER WHEREBY FDOT PROVIDES COMPENSATION IN AN ESTIMATED ANNUAL AMOUNT OF $287,484.95 TO COLLIER COUNTY FOR PROVIDING MAINTENANCE OF FDOT OWNED ROADWAY LIGHTING SYSTEMS UNDER THE STATE HIGHWAY LIGHTING MAINTENANCE, AND COMPENSATION AGREEMENT — EFFECTIVE JULY 1, 2014 TO JUNE 30, 2015 Page 73 May 27, 2014 Item #16A15 — Continued Indefinitely (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE THE AWARD OF CONTRACT NUMBER 14-6190 TO AGNOLI, BARBER AND BRUNDAGE, INC., CH2M HILL ENGINEERS, INC., JOHNSON ENGINEERING INC., AND RWA, INC. FOR PROFESSIONAL DESIGN AND RELATED SERVICES FOR THE "GOLDEN GATE CITY STORMWATER DRAINAGE IMPROVEMENT PROJECT ENGINEERING DESIGN", PROJECT NUMBER 50129. ON MARCH 25, 2013, THE BOARD OF COUNTY COMMISSIONERS APPROVED THE RECOMMENDED SHORT- LIST OF CONSULTANTS AND DIRECTED NEGOTIATIONS WITH THE FOUR TOP RANKED FIRMS Item #16A16 AN AMENDED COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (AGREEMENT) BETWEEN COLLIER COUNTY AND THE STRAND MASTER PROPERTY OWNERS ASSOCIATION FOR A LANDSCAPE PLANTING BUFFER ALONG VETERANS MEMORIAL BLVD., AND REDUCE THE RIGHT-OF-WAY PERMIT FEE FROM $2,000 FOR A COMMERCIAL LARGE RESIDENTIAL DEVELOPMENT TO $200 FOR A RESIDENTIAL LANDSCAPING SITE, CONSISTENT WITH PREVIOUS BOARD ACTIONS Item #16A17 AWARD OF CONTRACT NUMBER 13-6085 TO KISINGER CAMPO & ASSOCIATES, CORP., FOR PROFESSIONAL Page 74 May 27, 2014 DESIGN AND RELATED SERVICES FOR THE "VANDERBILT DRIVE BRIDGE REPLACEMENTS," CR301 BRIDGES - BRIDGE NUMBERS 030177 AND 030178 PROJECT NUMBER 66066 IN THE AMOUNT OF $674,270.29. ON JUNE 25, 2013, THE BOARD OF COUNTY COMMISSIONERS APPROVED THE RECOMMENDED SHORT-LIST OF CONSULTANTS AND DIRECTED NEGOTIATIONS WITH THE TOP RANKED FIRM, KISINGER CAMPO & ASSOCIATES, CORP — BRIDGE NUMBER 030177 IS OVER LITTLE HORSE PASS AND BRIDGE NUMBER 030178 IS OVER A TIDAL CREEK Item #16A18 RECOGNIZING FY 14/15 TRANSPORTATION DISADVANTAGE PLANNING GRANT FUNDING IN THE AMOUNT OF $25,941 TO THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) FROM THE COMMISSION FOR THE TRANSPORTATION DISADVANTAGED AND THE NECESSARY BUDGET AMENDMENT — THE COMMISSION FOR THE TRANSPORTATION DISADVANTAGED IS AUTHORIZING THE FUNDS FOR SPECIFIC PLANNING TASK Item #16A19 THE COLLIER METROPOLITAN PLANNING ORGANIZATION'S (MPO) OPERATING BUDGET FOR FY14/15, AND A BUDGET AMENDMENT TO RECOGNIZE GRANT REVENUES IN THE AMOUNT OF $843,291 — COLLIER MPO BUDGET INCLUDES $499,791 IN NEW FEDERAL FUNDING RECEIVED AND $343,500 FROM CARRY-FORWARD OF UNUSED FY 2012/13 — 2013/14 FUNDS Page 75 May 27, 2014 Item #16A20 A RELEASE OF LIEN WITH AN ACCRUED VALUE OF $63,862.38 FOR PAYMENT OF $10,112.38, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. FEDERAL NATIONAL MORTGAGE ASSOCIATION, SPECIAL MAGISTRATE CASE NO. CEPM20130002731, RELATING TO PROPERTY LOCATED AT 116 SANTA CLARA DRIVE, UNIT 5, COLLIER COUNTY, FLORIDA — MULTIPLE VIOLATIONS FOR A VACANT UNSECURED STRUCTURE THAT WAS BROUGHT INTO COMPLIANCE BY THE COUNTY AND THE NEW OWNER Item #16A21 SETTING A PUBLIC HEARING DATE OF SEPTEMBER 9, 2014 FOR CONSIDERATION OF A DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER ABANDONMENT FOR THE TOWN OF AVE MARIA DRI PROJECT, PETITION NUMBER DRIABN-PL20130002016, LOCATED ON THE NORTH SIDE OF OIL WELL ROAD, THE WEST SIDE OF CAMP KEAIS ROAD AND APPROXIMATELY 6,000 FEET SOUTH OF IMMOKALEE ROAD (CR-846). THE PROPERTY LIES WITHIN SECTIONS 4-9 & 16-18, TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 31-33 TOWNSHIP 47 SOUTH, RANGE 29 EAST Item #16A22 Page 76 May 27, 2014 AWARDING SUPPLEMENTAL CONSTRUCTION CONTRACTS TO PREFERRED MATERIALS, INC., AND M&M ASPHALT MAINTENANCE, INC., FOR RFP NO. 12-5864S, "ANNUAL ROADWAY CONTRACTORS" — THIS CONTRACT WILL RUN CONCURRENTLY WITH THE EXISTING CONTRACT WHICH EXPIRES ON SEPTEMBER 31, 2014 WITH TWO ADDITIONAL RENEWALS Item #16A23 AFTER-THE-FACT APPROVAL FOR THE 2014 TIGER VI DISCRETIONARY GRANT APPLICATION, SPONSORED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR ALL PLANNING & PRE-CONSTRUCTION ACTIVITIES FOR THE SECOND AND THIRD PHASES OF THE GOLDEN GATE BLVD. WIDENING PROJECT IN THE AMOUNT OF $2,000,000 — APPLICATIONS WERE DUE BY APRIL 28, 2014 Item #16B1 AUTHORIZING THE EXPENDITURE OF HALDEMAN CREEK MSTU FUNDS TO PAY FOR NOTICE BY MAIL TO ALL HALDEMAN CREEK PROPERTY OWNERS OF THE PROPOSED HALDEMAN'S LANDING BOAT DOCK EXTENSION PROJECT — ESTIMATED EXPENSES ARE $500.00 Item #16C1 A WORK ORDER FOR $591,159 TO MITCHELL & STARK CONSTRUCTION COMPANY, INC., UNDER REQUEST FOR QUOTATION #08-5011-117 FOR UNDERGROUND UTILITY Page 77 May 27, 2014 CONTRACTING SERVICES FOR THE NAPLES PARK 97TH AVENUE NORTH WATER AND GRAVITY SEWER MAIN REPLACEMENT PROJECT, PROJECT NUMBERS 70043 AND 71010 — ORIGINALLY SCHEDULED FOR REPLACEMENT IN FY2016 BUT MOVED UP IN THE SCHEDULE TO MINIMIZE THE DISRUPTION TO THE RESIDENTS Item #16C2 A WORK ORDER FOR $472,333 TO DOUGLAS N. HIGGINS, INC., UNDER REQUEST FOR QUOTATION #08-5011-115 FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR THE SOUTH COUNTY WATER RECLAMATION FACILITY PROPOSED 30" AND 24" FORCE MAIN AND MASTER PUMP STATION 306 FORCE MAIN - PHASE IV PROJECT, PROJECT NUMBER 70044 — LOCATED NEAR U.S.41 AND THOMASSON DRIVE Item #16C3 THE TERMINATION AND RELEASE OF TEMPORARY CONSTRUCTION EASEMENTS ACQUIRED FOR THE WATER AND SEWER FACILITIES CONSTRUCTION IN THE CASE TITLED COLLIER COUNTY V. LORD'S WAY REALTY, LLC, ET AL — THE TCE WERE INTENDED TO EXPIRE IN 2008 FOR PARCELS 720, 721 AND 722 Item #16C4 A BUDGET AMENDMENT OF $1,200,000 TO MOVE FUNDS FROM PROJECT NO. 73950, NCWRF BRIDGE THE GAP Page 78 May 27, 2014 PROJECT, TO PROJECT NO. 70051, COLLECTIONS POWER SYSTEMS TECHNICAL SUPPORT PROJECT — FOR THE PURCHASE OF PORTABLE EMERGENCY GENERATORS IN ANTICIPATION OF THE UPCOMING HURRICANE SEASON TO REMAIN IN COMPLIANCE AND MEET CUSTOMER DEMAND Item #16C5 A WORK ORDER FOR $207,790 TO DOUGLAS N. HIGGINS, INC., UNDER REQUEST FOR QUOTATION #08-5011-116 FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR THE THOMASSON DRIVE 24" FORCE MAIN, PROJECT NUMBER 70044 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C6 CHANGE ORDER TO CONTRACT #12-5883 MASTER PUMPING STATION 312 "PROFESSIONAL SERVICES DURING CONSTRUCTION" WITH AGNOLI, BARBER AND BRUNDAGE IN THE AMOUNT OF $39,848, PROJECT NUMBER 72549 — DUE TO UNFORSEEN REPAIRS CHANGES WERE REQUIRED: A MODIFICATION TO THE SITE DEVELOPMENT PLAN FOR PROPER PERMITTING AND CLOSEOUT Item #16C7 CHANGE ORDERS NO. 4, NO. 5, AND NO. 6 TO CONTRACT NO. 13-6026 WITH POOLE & KENT COMPANY OF FLORIDA IN THE AMOUNT OF $48,489. 18 FOR "NCRWTP MEMBRANE Page 79 May 27, 2014 REPLACEMENT AND INTERSTAGE BOOSTER PROJECT," PROJECT NO. 71057 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C8 ADVERTISING AN ORDINANCE AMENDING ORDINANCE NO. 2002-17, THE COLLIER COUNTY WATER IRRIGATION ORDINANCE, TO MAINTAIN COMPATIBILITY WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S, MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION CONSERVATION MEASURES, AS AMENDED, AND PROVIDING FOR THE REPEAL OF ORDINANCE NO. 2000-61, AS REDUNDANT Item #16C9 A PURCHASE AND SALE AGREEMENT WITH WILLIAM R. STEPHENS FOR THE PURCHASE OF PROPERTY TO ACCOMMODATE THE RELOCATION OF MASTER PUMP STATION 308.00, PROJECT NUMBER 70050, AT A TOTAL COST NOT TO EXCEED $39,000 — FOLIOS #61480800005 & #61480840007, FOR THE REHABILITATION OF THE GATEWAY TRIANGLE AREA Item #16D1 A STANDARD FORM DONATION AGREEMENT WITH BARRY S. STEBBINS FOR A 1 .14 ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $600 — THE PARCEL IS Page 80 May 27, 2014 ADJACENT TO THE CONSERVATION COLLIER PANTHER WALK PRESERVE WITHIN THE HORSEPEN STRAND IN NORTH GOLDEN GATE ESTATES Item #16D2 APPROVAL OF THE RIVERS ROAD PRESERVE FINAL MANAGEMENT PLAN UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM — 76.74 ACRES LOCATED APPROXIMATELY 2.5 MILES EAST OF COLLIER BOULEVARD AND SOUTH OF IMMOKALEE ROAD Item #16D3 THE FIVE-YEAR UPDATE OF THE FINAL MANAGEMENT PLAN FOR THE CONSERVATION COLLIER COCOHATCHEE CREEK PRESERVE — THE UPDATE INCLUDES UPDATED MAPS, PROPERTY STATUS INFORMATION, ADDITIONS TO PLANT OR ANIMAL LISTS, ADDED AMENDITIES, STATUS OF EXOTIC PLANT INFESTATIONS, STREAMLINING OF TEXT AND A REVISION OF THE MANAGEMENT BUDGET Item #16D4 THE FIVE-YEAR UPDATE OF THE FINAL MANAGEMENT PLAN FOR THE CONSERVATION COLLIER OTTER MOUND PRESERVE — THE MAJOR CHANGE IS THE ADDITION OF A TREE MANAGEMENT PLAN (APPENDIX 11) Item #16D5 Page 81 May 27, 2014 THE FIVE-YEAR UPDATE OF THE FINAL MANAGEMENT PLAN FOR THE CONSERVATION COLLIER LOGAN WOODS PRESERVE — THE UPDATE INCLUDES UPDATED MAPS, PROPERTY STATUS INFORMATION, ADDITIONS TO PLANT OR ANIMAL LISTS, ADDED AMENDITIES, STATUS OF EXOTIC PLANT INFESTATIONS, STREAMLINING OF TEXT AND A REVISION OF THE MANAGEMENT BUDGET Item #16D6 APPROVAL OF THE INTERIM MANAGEMENT PLAN FOR THE CONSERVATION COLLIER CAMP KEAIS STRAND PARCELS — TO BE IN EFFECT FOR A TWO YEAR PERIOD Item #16D7 — Moved to Item #11D (Per Agenda Change Sheet) Item #16D8 — Continued to the June 10, 2014 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO AUTHORIZE THE CHAIRMAN TO EXECUTE THE PARKS AND RECREATION DEPARTMENT FACILITY USE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE NAPLES BMX, INC., TO OPERATE BMX RELATED EVENTS AT THE WHEELS SKATE AND BMX PARK Item #16D9 THE PARKS AND RECREATION DEPARTMENT'S PARTICIPATION IN THE IMMOKALEE OUT-OF-SCHOOL TIME INITIATIVE (IOSTP); THE CHAIRMAN TO SIGN A Page 82 May 27, 2014 MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC. WHICH WILL PROVIDE FUNDS TO ALLOW UP TO 130 CHILDREN TO RECEIVE FREE RECREATIONAL AND TUTORING OPPORTUNITIES DURING THE SUMMER — A 9- WEEK SUMMER PROGRAM INCLUDING APPROPRIATE SNACKS AND FIELD TRIPS Item #16D10 A STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) RELEASE OF LIEN IN THE AMOUNT OF $3,929.52 FOR AN OWNER -OCCUPIED AFFORDABLE HOUSING DWELLING UNIT THAT HAS BEEN REPAID IN FULL — LOCATED AT 4225 56TH AVENUE NE, NAPLES Item #16D11 FOUR SATISFACTIONS AND RELEASES OF LIEN FOR COUNTYWIDE IMPACT FEE DEFERRALS — PROPERTY LOCATED AT 13425 COVENANT ROAD, NAPLES, 4500 BOTANICAL PLACE CL #404, NAPLES, 13585 KOINONIA DRIVE, NAPLES AND 1310 CONSTITUTION COURT, IMMOKALEE Item #16D12 AMENDMENT NO. 3 TO THE SUBRECIPIENT AGREEMENT WITH THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT IMMOKALEE BUSINESS Page 83 May 27, 2014 DEVELOPMENT CENTER PROJECT TO EXTEND THE PROJECT COMPLETION DATE TO NOVEMBER 30, 2014 — THE MODIFICATION IS ALLOWABLE UNDER THE GRANT AND WILL NOT INCREASE THE AMOUNT OF GRANT FUNDS OR IMPACT THE BUDGET FOR THIS PROJECT Item #16D13 AMENDMENT NO. 3 TO THE SUBRECIPIENT AGREEMENT WITH THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIRST STREET PLAZA (AKA ZOCALO) PROJECT IN ORDER TO EXTEND THE PROJECT COMPLETION DATE, UPDATE THE BUDGET, AND UPDATE THE PROJECT WORK PLAN — INCREASING FUNDING AMOUNT BY $34,00 AND EXTENDING THE COMPLETION DATE TO JULY 31, 2014 Item #16D14 THE STUDENT SCHOOL YEAR AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR TRANSPORTATION SERVICES FOR COUNTY RECREATION PROGRAM PARTICIPANTS AT AN ESTIMATED ANNUAL COST OF $50,000. FEES CHARGED TO PROGRAM PARTICIPANTS FULLY COVER THESE COSTS — EFFECTIVE JUNE 5, 2014 UNTIL JUNE 30, 2015 Item #16D15 Page 84 May 27, 2014 THIS ITEM CONTINUED FROM THE MAY 13, 2014 BCC MEETING AND IS FURTHER CONTINUED TO THE JUNE 10, 2014 BCC MEETING. RECOMMENDATION TO APPROVE A GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES TO IMPLEMENT A THREE-YEAR CRIMINAL JUSTICE MENTAL HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT PROGRAM IN THE AMOUNT OF $853,316.71 AND SUBRECIPIENT AGREEMENTS WITH THE DAVID LAWRENCE CENTER FOR $367,140.80, THE COLLIER COUNTY SHERIFF'S OFFICE FOR $333,123, AND THE NATIONAL ALLIANCE OF MENTAL ILLNESS OF COLLIER COUNTY, FOR $106,686 Item #16D16 FOUR (4) MODIFICATIONS TO DISASTER RECOVERY GRANT AGREEMENTS FOR DISASTER RELIEF AND LONG TERM RECOVERY OR MITIGATION WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, FOUR SUBRECIPIENT AGREEMENTS FOR NEW PROJECTS FROM RETURNED FUNDS, APPROVE THREE AMENDMENTS TO SUBRECIPIENT AGREEMENTS FOR INCREASES IN FUNDING OR BUDGET REALLOCATIONS, APPROVE REALLOCATION OF UNUSED FUNDS WITHIN BUDGETS TO PREPARE FOR CLOSE OUT, AND TWO (2) ASSOCIATED BUDGET AMENDMENTS — AGREEMENTS ARE WITH BAYSHORE GATEWAY TRIANGLE CRA, THE SHELTER FOR ABUSED WOMEN AND CHILDREN, BIG CYPRESS HOUSING CORPORATION AND IMMOKALEE CRA Item #16E1 Page 85 May 27, 2014 CARRYFORWARD FROM ACCRUED INTEREST EARNED BY EMS COUNTY GRANT REVENUE AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $49.69 — INTEREST EARNED FROM JANUARY 1, 2014 THROUGH MARCH 31, 2014 FOR EMS COUNTY GRANTS Item #16E2 STANDARDIZING THE USE OF M GROUP INTERNATIONAL FOR SUPPORT OF INFRASTRUCTURE.NET'S WORK MANAGEMENT SOFTWARE BY THE FACILITIES MANAGEMENT AND PARKS AND RECREATION DEPARTMENTS — M GROUP INTERNATIONAL IS THE SOLE, FACTORY AUTHORIZED RESELLER OF INFRASTRUCTURE.NET PRODUCTS IN FLORIDA Item #16E3 RESOLUTION 2014-103: AN INTERLOCAL AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (DISTRICT) AND THE BOARD OF COUNTY COMMISSIONERS (COUNTY) RELATING TO AN EXCHANGE OF PROPERTIES THAT ENABLED THE CONSTRUCTION OF THE GOLDEN GATE HIGH SCHOOL (GGHS), PROJECT #80039 — A 3 ACRE SWAP FOR — GOLDEN GATE HIGH SCHOOL AND PALMETTO RIDGE HIGH SCHOOL Item #16E4 Page 86 May 27, 2014 AN AGREEMENT TO PROVIDE FUNDING TO THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, A SPECIAL DISTRICT CREATED BY LAWS OF FLORIDA, CHAPTER 77- 535, AS AMENDED, FOR ADDITIONAL FIREFIGHTING EQUIPMENT FROM REVENUE DERIVED FROM THE GAC LAND SALES, IN AN AMOUNT NOT TO EXCEED $150,000, AND A BUDGET AMENDMENT TO TRANSFER THE FUNDS — FUNDING IS TO FURNISH THREE PREVIOUSLY ACQUIRED VEHICLES Item #16F1 RESOLUTION 2014-104: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2013-14 ADOPTED BUDGET Item #16F2 AWARD INVITATION TO BID #13-6149 PRINTING AND COPYING SERVICES FOR COUNTYWIDE USE TO VARIOUS PRINTERS INCLUDING, CECIL'S PRINTING, PANTHER PRINTING, PRESSTIGE PRINTING, THE PRINT SHOP, AND UNIVERSAL PRINTING — FOR GENERAL COPYING (BOARD AGENDA PREPARATION/BOND COPYING), FLAT FORM CUT SHEET FLAT PRINTING, ENVELOPES, RACK BROCHURES, BUSINESS CARDS, CARBONLESS FORMS AND OTHER MISCELLANEOUS SPECIALTY PRINTING Item #16F3 Page 87 May 27, 2014 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $4,800 AND $25,000, RESPECTIVELY — BUDGET AMENDMENT #14-465 DONATION TRUST (FUND 180) AND #14-476 UNIVERSITY EXTENSION TRUST (FUND 604) Item #16F4 AWARD INVITATION TO BID #13-6174 FOR LAKE BANKS GEOTEXTILE TUBE INSTALLATIONS TO ANCHOR MARINE ENVIRONMENTAL SERVICES, INC. AS THE LOWEST, QUALIFIED, RESPONSIVE BIDDER TO SHORE UP AND RESTORE LAKE BANKS WITHIN THE PELICAN BAY WATER MANAGEMENT SYSTEM — THE WOVEN TUBES ARE NECESSARY FOR RESTORATION AND ARE FILLED WITH DREDGED SAND AND BACKFILLED BETWEEN THE INSTALLATION OF THE TUBE AND THE SHORE LINE Item #16F5 — Verbiage Change (Per Agenda Change Sheet) AN OFFICE LEASE WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO BE UTILIZED BY THE TOURISM DEPARTMENT AND THE OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT AND NECESSARY BUDGET AMENDMENTS — TO ACCOMMODATE FIRE PLANS REVIEW, LOCATED TO THE WEST OF GMD AT 2660 HORSESHOE DRIVE NORTH Item #16H1 Page 88 May 27, 2014 RESOLUTION 2014-105: APPOINTMENT OF A MEMBER TO THE HALDEMAN CREEK MAINTENANCE DREDGING ADVISORY COMMITTEE — APPOINTING JACK BONZELAAR TO A FOUR YEAR TERM — ADOPTED Item #16H2 RESOLUTION 2014-106: APPOINTMENT OF A MEMBER TO THE COLLIER COUNTY CITIZENS CORPS — APPOINTING RACHEL BRANDHORST, TERM EXPIRING ON NOVEMBER 5, 2017 — ADOPTED Item #16H3 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE MARCO ISLAND AREA CHAMBER OF COMMERCE COFFEE AND COMMERCE ON MAY 14, 2014. THE SUM OF $20 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT BISTRO SOLEIL RESTAURANT, 100 PALM AVENUE, MARCO ISLAND Item #16H4 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE MILITARY OFFICERS ASSOCIATION OF SWFL JROTC AWARDS NIGHT ON MAY 9, 2014. THE SUM OF $30 TO BE PAID FROM COMMISSIONER Page 89 May 27, 2014 FIALA'S TRAVEL BUDGET — HELD AT THE ROYAL PALM COUNTRY CLUB, 405 FOREST HILLS BLVD., NAPLES Item #16H5 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. TO ATTEND THE FLORIDA WILDLIFE FEDERATION'S 77TH ANNUAL CONSERVATION AWARDS BANQUET ON JUNE 21, 2014. THE SUM OF $75 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE NAPLES HILTON, 5111 TAMIAMI TRAIL NORTH Item #16H6 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. TO ATTEND THE NAPLES AREA BOARD OF REALTORS NABOR COMMERCIAL COMMITTEE BREAKFAST FORUM ON JUNE 6, 2014. THE SUM OF $5 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE NAPLES NABOR CONFERENCE CENTER Item #16J1 DESIGNATING THE SHERIFF AS THE OFFICIAL APPLICANT AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FY2014 LOCAL STANDARD GRANT, AUTHORIZE THE ELECTRONIC Page 90 May 27, 2014 SUBMISSION OF THE APPLICATION, ACCEPT THE GRANT WHEN AWARDED, APPROVE ASSOCIATED BUDGET AMENDMENTS AND APPROVE THE COLLIER COUNTY SHERIFF'S OFFICE TO RECEIVE AND EXPEND 2014 JAG STANDARD GRANT FUNDS — ALLOCATION OF $68,786 WILL SUPPORT THE COSTS OF ONE LICENSED MENTAL HEALTH COUNSELOR Item #16J2 DISBURSEMENTS FOR THE PERIOD OF MAY 8, 2014 THROUGH MAY 14, 2014 Item #16J3 AN AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFF'S OFFICE TO HAVE TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN THE HUNTINGTON LAKES SUBDIVISION Item #16J4 — Added (Per Agenda Change Sheet) DISBURSEMENTS FOR THE PERIOD OF MAY 15, 2014 THROUGH MAY 21, 2014 Item #16K1 A MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $54,500 FOR THE ACQUISITION OF PARCELS 123FEE (REMOVED PER AGENDA CHANGE SHEET) 169DE1, 169DE2 AND 169TCE IN THE LAWSUIT STYLED COLLIER COUNTY, Page 91 May 27, 2014 FLORIDA V. L & R RAM, LLC, ET AL., CASE NO. 12-CA-1828 (US 41 DITCH/NAPLES MANOR CANAL/LASIP PROJECT #51101). (FISCAL IMPACT: $41,070) — FOR FULL AND FINAL COMPENSATION TO BE PAID FOR ACQUISITION OF PARCELS 169DEI, 169DE2 AND 169TCE Item #16K2 A GRIEVANCE SETTLEMENT AND RELEASE AGREEMENT IN THE SUM OF $10,000 INVOLVING FEDERAL MEDIATION AND CONCILIATION SERVICE ARBITRATION CASE NO. 141203-00618-3 ****Commissioner Nance moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Summary Agenda be adopted ** Item #17A RESOLUTION 2014-107: PETITION VAC-PL20140000648, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY AND THE PUBLIC INTEREST IN THE 5-FOOT WIDE UTILITY EASEMENT ALONG THE NORTH BOUNDARY OF THE WEST 200 FEET OF UNDIVIDED BLOCK A OF CYPRESS WOODS ESTATES PLAT #2 AS RECORDED IN PLAT BOOK 4, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA LOCATED N SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A Item #17B Page 92 May 27, 2014 RESOLUTION 2014-108: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2013-14 ADOPTED BUDGET Item #17C ORDINANCE 2014-18: AMENDING ORDINANCE NO. 2002-63, AS AMENDED, KNOWN AS THE CONSERVATION COLLIER IMPLEMENTATION ORDINANCE, TO CONTINUE THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE AND AUTHORIZE THE COMMITTEE TO REVIEW AND MAKE RECOMMENDATIONS TO THE BOARD ON THE MANAGEMENT AND PROGRAMS OF THE PRESERVED LAND ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 : 12 a.m. Page 93 May 27, 2014 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL (- "_,--_ // .. TOM HE ING, ∎ AIRMAN ATTEST: DWIGHT E. BROCK, CLERK 04.4.,....40:13,. Attest as tcChairman's �m> ature'bnlY: These minutes approved b the Board on L I GIy i 1 , as presented or as corrected . Transcript prepared on behalf of Gregory Court Reporting, Incorporated by Cherie' R. Nottingham, CSR. Page 94